184648 5557755577

Nature Conservation Council of NSW

ANNUAL CONFERENCE 2019

Saturday 2nd November, 2019

‘Heritage Room’ NSW Teachers Federation House 23-33 Mary Street Surry Hills NSW 2010

MINUTES

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EXECUTIVE 2018-2019

Chairperson: Prof. Don White Vice-Chairperson: Gabrielle Appleby Hon. Secretary: Gabrielle Appleby Hon. Treasurer: Ben Pearson Public Officer: Robert Pallin

Executive Members: Gabrielle Appleby Harry Burkitt Kate da Costa Cilla Kinross Chris McElwain (December 2018 to June 2019) Suzanne Milthorpe Jim Morrison Simon Nicholas Annie Nielsen Rob Pallin Ben Pearson Prof. Don White

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2019 Annual Conference Agenda Saturday 2nd November

8.45 am REGISTRATION OPENS 25 mins

9.10 am WELCOME TO COUNTRY 5 mins

9.15 am ANNUAL CONFERENCE OPENING agenda & apologies (Chair) 15 mins

9.30 am CEO REPORT 15 mins

9.45 am CHAIR & TREASURER REPORTS - Discussion & Questions 15 mins

10.00 am NSW Minister for the Environment, Matt Kean, keynote address

10:20am Cate Faehrmann NSW Greens

10.40am Kate Washington NSW Labor

11.00 am Morning tea

11.30am Water crisis in New South Wales: how did we get here and what’s next? 1 hour with Uncle Bruce Shillingsworth, Maryanne Slattery & Bev Smiles

12.30 pm LUNCH 1 hour

1.30 pm MOTIONS (Chair) 1 hour

2.30 pm Introduction of NCC Executive for 2019-2020 30 mins

2.45pm Afternoon tea

3:15pm Workshops 1 hour 15 mins  Water Management in NSW with Inland Rivers Network  Preparing for an Angry Summer with Jacqui Mumford  Old Growth Forests Workshop with Shirley Hall & Ed Mortimer

4:30pm Motions (Continued) & General Business 45 mins

5:15pm Closing Address (CEO) 15 mins

NSW Environment Awards

6.30 pm NSW Environment Awards Ceremony

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ATTENDANCE 2019

MEMBER SOCIETY DELEGATES & OBSERVERS

Australian Plant Society NSW Margery Street

Australian Wildlife Society Ken Mason Philip Sansom

Bankstown Bushland Society Skye Virgin

Better Planning Network Phil Bradley

Blue Mountains Conservation Society Paul Vale

Bushwalking NSW David Bell

Byles Creek Valley Union Inc. Patricia Brown

Centre for the Advancement of the Steady State Economy (CASSE) NSW Haydn Washington

Castlecrag Conservation Society Mark Crew

Central West Environment Council Cilla Kinross*

Climate Action Monaro Jenny Goldie

Climate Action Balmain-Rozelle Angela Michaelis

Community Environment Network Inc. Hale Adasal Jane Smith§

EcoNetwork-Port Stephens Inc. Kathy Brown

Forestmedia Inc. Lorraine Bower

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Friends of Berowra Valley Brad Crossman Chris Yates§

Friends of Ku-ring-gai Environment Inc (FOKE) Janine Kitson

Friends of Malabar Headland Claire Bettington

Friends of the Koala Inc. Mark Ambrose

Green Shareholders Prof. Don White*

Hawkesbury Environment Network Courtney McGregor

Ku-ring-gai Bat Conservation Society Nancy Pallin

Lake Wollumboola Protection Association Jacki Lawes

Lane Cove Bushland & Conservation Society Inc. Ron Gornall Shauna Forrest

Linnean Society of NSW Helen Smith

Mosman Parks & Bushland Association Inc Kate Eccles Yolande Stone

Mudgee District Environment Group John Clarke

National Park Association of NSW Anne Dickson Gary Dunnett

Nature Coast Marine Group Bill Barker

North Coast Environment Council Jim Morrison*

North Head Sanctuary Foundation Geoff Lambert Judy Lambert

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NSW Wildlife Council Sonja Elwood

Parks and Playground Movement Inc Doug Lithgow

ParraCAN (Parramatta Climate Action Network) Annie Nielsen*

Ryde Hunters Hill Flora & Fauna Preservation Society John Boyle Brigid Dowsett§

Ryde-Gladesville Climate Change Action Group Jill Hartley

Save Cliefden Caves Association Harry Burkitt*

Save Manly Dam Catchment Committee Inc. Malcolm Fisher

Saving Sydneys Trees Helen Armstrong

STEP Inc Jill Green

Sustainable Population Australia Graham Wood Nola Stewart§

Sutherland Shire Environment Centre Catherine Reynolds Mark da Silva§ Jenni Gormley§ Tassia Kolesnikow§ Sally Stockbridges§

The Coastwatchers Association Inc. Joslyn van der Moolen

The Colong Foundation for Wilderness Ltd Keith Muir Sierra Classen

The David G Stead Wildlife Research Foundation David Stead Matthew Fowler§

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The Tree Veneration Society Louise Fowler-Smith

Total Environment Centre Saul Deane

Willoughby Environmental Protection Association Sue Ellen Smith Gay Spies

PROXIES Australian Conservation Foundation-Central Coast Margery Street

EXECUTIVE COUNCILLORS Robert Pallin Kate de Costa Jim Morrison* Harry Burkitt* Prof. Don White* Cilla Kinross* Annie Nielsen*

Apologies Gabrielle Appleby (Executive) Suzanne Milthorpe (Executive) Simon Nicholas (Executive) Ben Pearson (Executive)

Notes: (*) Indicates an Executive Councillor who is attending as a delegate for a member society. () Denotes delegates who hold a proxy vote for their own or another member society. (§) Indicates member group delegates who are observers, i.e., as observers they do not have voting rights.

RETURNING OFFICER Bruce Diekman

GUEST SPEAKERS, PRESENTERS & WORKSHOP FACILITATORS Keynote speakers Matt Kean, NSW Minister for the Environment Cate Faehrmann, NSW Greens Kate Washington, NSW Labor

Water crisis in New South Wales: how did we get here and what’s next? Uncle Bruce Shillingsworth Maryanne Slattery Bev Smiles

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STAFF Chris Gambian, EO Brad Smith, Campaigns Director Jacqui Mumford, Lead Organiser Shirley Hall, Nature Campaigner Ed Mortimer, Community Organiser Angelica Liem, Digital Campaigner Queene Ostria, Office & Accounts Manager Amy Strandquist, Office Coordinator

VOLUNTEERS William Tsang Megan Fabian Bruce Diekman Maggie Burke

VISITORS, GUESTS & FRIENDS Tracey Carpenter Kay Dunne Margaret England Rachel Evans Keith Hart Mora Main Marie Ngai-King Anne Picot Anne Reeves Mike Thompson Frances Vissel

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LIST OF ANNUAL CONFERENCE MOTIONS, 2019

A. Council Affairs 1. Admission of New Member Societies Submitted by the Executive

B. Planning and Development 1. Urgent reforms needed to private certification system, its regulation and ‘in perpetuity’ development consents Submitted by the Blue Mountains Conservation Society 2. Re-instate ‘Tree Preservation Orders’ 3. Offsets should require positive outcomes Submitted by Saving Sydneys Trees

C. Climate Change, Energy & Bushfire Management 1. Climate change considerations for bushfire management Submitted by the North Coast Environment Council Inc. 2. Climate Emergency 3. Acting on the Climate Council report Submitted by Climate Action Monaro 4. NSW must commit to 100% clean renewable electricity by 2030 5. COAG energy meeting needed now! 6. Closure of Liddell Power Station 7. Just transition for coal workers Submitted by the Parramatta Climate Action Network (ParraCAN)

D. Biodiversity Conservation 1. Protecting Manly’s Little Penguins Submitted by the North Head Sanctuary Foundation 2. i-Tree audits of all Canopy Vegetation and Green Spaces Submitted by Saving Sydneys Trees 3. Land clearing amnesty Submitted by Climate Action Monaro

E. National Parks, Wilderness, Protected & Natural Areas 1. Maintain support for Lake Wollumboola Submitted by Lake Wollumboola Protection Association Inc. 2. Go-Kart Track on Mount Panorama Submitted by the Bathurst Community Climate Action Network 3. Prohibit recreational facilities within Endangered Ecological Communities Submitted by the Bankstown Bushland Society Inc. 4. Carbon plantations in national parks must comply with the National Parks & Wildlife Act 5. Do not exclude pack campers from Ben Boyd National Park 6. Wildlife enclosures in national parks not the answer

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7. Support for ‘Destination Pagoda’ 8. ‘Nature Needs Half’ Policy Submitted by the Colong Foundation for Wilderness Ltd. 9. Additions to Jervis Bay National Park Submitted by the Jervis Bay Regional Alliance 10. Marine Park Review Process Submitted by the Nature Coast Marine Group Inc.

F. Water 1. Prohibit longwall mining under Sutherland Shire’s water supply 2. Overhaul Sydney’s water supply policies Submitted by the Sutherland Shire Environment Centre Inc.

G. Proposed Constitutional Amendments 1. Remove ‘Corresponding Body’ category from the Constitution 2. Better define membership categories 3. Insert opening words into clause 19(b)(iv) to correct 2018 amendments regarding nomination to the Executive 4. Amend clause 22(e): disqualification of Executive members by reason of incapacity Submitted by the Executive

LATE & URGENT MOTIONS Urgent motion 2019/1 Wildlife rescue and recovery following catastrophic disasters Submitted by the North Coast Environment Centre Inc.

Urgent motion 2019/2 Halting destruction of Spring Gully, Bundeena Submitted by the Sutherland Shire Environment Centre Inc.

Urgent Motion 2019/3 Halt Snowy 2.0 Submitted by the National Parks Association of NSW Inc.

Urgent motion 2019/4 Condemn the Commonwealth Government’s stated intention to ban boycotts Submitted by Colong Foundation for Wilderness

Urgent Motion 2019/5 Parliamentary Inquiry into National Trust actions in regard to Wirrimbirra Sanctuary Submitted by David G Stead Memorial Wild Life Research Foundation of Australia

Late Motion 2019/1 Sydney Turpentine Iron Bark Forest Submitted by the Ryde Hunters Hill Flora & Fauna Preservation Society Inc.

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Motions for Annual Conference 2019

A. COUNCIL AFFAIRS

Motion 2019/A1 Admission of new Member Societies Submitted by the Executive

CARRIED

THAT the Conference confirm the admission to membership of the Nature Conservation Council of NSW, the organisations listed below, whose membership applications were accepted and approved by the Executive from November 2018 to September 2019:

 Central Coast Herpetological Society Inc.  Great Eastern Ranges Ltd.  Huntlee Share-Shop  Macarthur Herpetological Society Inc.  My Outdoor Recreational Group  NSW Bush Carers  Nimbin Environment Centre Inc.  Snowy River Alliance lnc.  The Tree Veneration Society Inc.

B. PLANNING AND DEVELOPMENT

Motion 2019/B1 Urgent reforms needed to private certification system, its regulation and ‘in perpetuity’ development consents Submitted by the Blue Mountains Conservation Society

Seconded: David Stead CARRIED

THAT the Nature Conservation Council of NSW strongly urge the NSW government to: a) Reform the private certification system, including strengthening legislation, specifically to:  Further separate the certifier from the developer/owner through creating a system of independent certification to remove conflict of interest;  Strengthen disciplinary action and increase penalties to create a general deterrence for potential wrong-doing;

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 Amend the EPA Act and/or Regulation to state specifically that a Construction Certificate cannot be issued for vegetation clearing only, and apply strong penalties and orders for site rehabilitation;  Institute better processes for complaints against private certifiers to the Building Professionals Board, including greater transparency and full disclosure of investigation findings to complainants; and

b) Reform the EP&A Act to provide for a sunset provision, or the like, on development consents to avoid unreasonable delays on implementation, or at least require a review of the development approval against contemporary environmental protection standards and community expectations after a certain period of time.

BACKGROUND: The Blue Mountains Conservation Society would like to draw the Nature Conservation Council’s attention to anomalies in the private certification system and its regulation that are being overlooked in the current crisis of confidence in building safety and standards in Sydney.

We also wish to draw the Council’s attention to the problem of ‘in perpetuity’ development consents, examples of which – the case cited here, and a caravan park extension near Iluka on the NSW north coast, both resulting in habitat destruction – recently came to light in Sydney and regional media.

These problems have state-wide implications and, arguably, potentially have the greatest impact outside the Sydney metropolitan area and on member groups in those areas. The weaknesses in the private certification system and its regulation identified in the case cited below means that a new avenue has been opened to unscrupulous developers across the state to clear environmentally sensitive land with apparent impunity.

The issues we identify were starkly revealed to us through recent events in the Blue Mountains, involving the clearing of 2-4 ha of land of all native vegetation (trees and understory) and bulldozing natural watercourses. The land clearing was authorized by a Construction Certificate issued by a private certifier “for preparation of the approved Flora and Fauna Wildlife Park”, the consent for which was granted 30 years ago. Use of a Construction Certificate for land clearing is not consistent with the Environmental Planning and Assessment Act (EP & A Act). The Building Professionals Board, the regulator of the private certification system, previously found against a private certifier for issuing a certificate for land clearing only.

Blue Mountains City Council is presently investigating if the land clearing was done in compliance with the conditions of development consent. Apart from writing to the Council, and meeting with senior Council staff and Councillors, the BMCS has also taken its own action:  Lodged a complaint with the Building Professionals Board (BPB) against the private certifier, raising concerns that a Construction Certificate cannot be used to authorise land clearing only, and that the clearing appears to have not complied with the conditions of development consent. The outcome of that complaint was that the private certifier was fined $1,500 for an undisclosed infringement. The BPB would not provide us with any more information. Further, they informed us that the infringement would not be posted on their online ‘Register of Disciplinary Actions’.

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We are therefore unable to ascertain if our complaint was upheld or if the certifier was fined for other reasons. This lack of transparency and full disclosure is unsatisfactory.

 Lodged a submission to the NSW Legislative Council Public Accountability Committee’s Inquiry into the regulation of building standards, building quality and building disputes, highlighting the problems with the private certification system and its regulation identified through this case, and requesting that it recommend further reform of the private certification system and strengthening of relevant legislation.

 Wrote to Ministers Stokes (Planning), Anderson (Better Regulation) and Kean (Environment) raising issues related to the private certification system and its regulation, and the problem of ‘in perpetuity’ development approvals under which the land clearing was done.

 Met with Blue Mountains Member of Parliament, Trish Doyle, seeking her support in progressing the campaign for reform at the state government level.

PROPOSED ACTION: NCC to support the BMCS campaign by writing to the Ministers for Planning, Better Regulation, and Environment, citing this case and previous member correspondence to them.

Motion 2019/B2 Re-instate ‘Tree Preservation Orders’ Submitted by Saving Sydneys Trees

Seconded: Jennie Goldie CARRIED

THAT the Nature Conservation Council of NSW call on the Premier and her government to re-instate Tree Preservation Orders (TPOs) under the EP&A Act (1997).

BACKGROUND: Over the past 3 to 4 years Saving Sydneys Trees has been working diligently to promote changes that will make effective and positive changes in Process and attitude in regards of the Urban as well as the National and Regional Forests. Our particular emphasis has been Urban Forest, which is perhaps until recently, with the amount of large-scale global deforestation, relatively ignored.

We have seen the ineffective ‘Offset’ process fail to compensate and its inconsistencies contribute to current losses in the planning process. This motion is an area we have identified in need of change, which we hope NCC will incorporate into its agenda for the future.

PROPOSED ACTION: As per the motion.

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Motion 2019/B3 Offsets should require positive outcomes Submitted by Saving Sydneys Trees

Seconded: Nola Stewart AMENDED, CARRIED

THAT the Nature Conservation Council of NSW call on the Premier and her Government to make mandatory the positive outcomes of ‘offsets’, by an accountability review of ‘in area’ location suitability and maintenance (5- year minimum) within the planning process, and these outcomes be made public.

BACKGROUND: Over the past 3 to 4 years Saving Sydneys Trees has been working diligently to promote changes that will make effective and positive changes in Process and attitude in regards of the Urban as well as the National and Regional Forests. Our particular emphasis has been Urban Forest, which is perhaps until recently, with the amount of large-scale global deforestation, relatively ignored.

We have seen the ineffective ‘Offset’ process fail to compensate and its inconsistencies contribute to current losses in the planning process. This motion is an area we have identified in need of change, which we hope NCC will incorporate into its agenda for the future.

PROPOSED ACTION: As per the motion.

C. CLIMATE CHANGE, ENERGY & BUSHFIRE MANAGEMENT

Motion 2019/C1 Climate change considerations for bushfire management Submitted by the North Coast Environment Council Inc.

Seconded: Rob Pallin CARRIED

THAT the Nature Conservation Council of NSW call for: a) the introduction of the requirement for mandatory year-round permits to light fires in rural NSW and that appropriate resources, including paid staff, be provided to manage the permit system; b) the provision of necessary resources and ‘political will’ to actively enforce the provisions of the Rural Fires Act; and c) the provision of necessary resources and professional personnel to assist land holders carry out legitimate hazard reduction and ecological fire management activities.

BACKGROUND: a) In winter last year more than double the number of fires burned across NSW than in the previous year. This year appears to reflect the same trend and will likely become

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the new normal. Yet even now, in the certainty of climate change and this weather becoming a normal average pattern for NSW, there is still no requirement for landholders to apply for permits to burn in winter. On 12 January 2009 the Bushfire Co-operative Research Centre in a press release warned: “Australia’s Chief Fire Officers now believe that our current knowledge and practices on bushfire management will not meet the expected needs of the community in coming decades. Climate change and drought are altering the nature, ferocity and duration of bushfires, and an ageing and declining volunteer population are challenging the way fire agencies are going to be able to manage these events’.

The current ‘permit season’ sees a rush in landholders burning off immediately before the need to seek permission is required. Often the bush fire danger period is brought forward after fires begin to escape and cause problems. (This is akin to closing the door after the horse has bolted). It is already a requirement to notify the Rural Fire Service (RFS) 24 hours prior to lighting a fire any time during the year, so applying for a permit should not result in additional inconvenience. Currently permits are issued by volunteers. The requirement for year round permits should be facilitated by dedicated paid staff to undertake this activity. Prior to issuing a permit there is a need to ensure that there are adequate resources and experience to ensure that the proposed fire can be contained.

b) The Rural Fires Act includes legislation which makes it an offence to allow fire to leave a landholders property. However, there a very few prosecutions for this offence, with only warnings given for first, second and often serial offenders. Additionally it is also an offence to leave a fire unattended during the bush fire danger period. The definition of ‘attended’ is vague and could include fires left burning on one part of a large rural property while the owner may be at home on the property kilometres from the fire. The requirement of year round permits would require that the fire be attended at all times. However it needs to be made clear that the ‘attendance’ must be active and in close proximity to the fire with appropriate resources to keep it contained. Adequate staff, resources and ‘political will’ need to be provided by Government to properly ensure compliance with the RFS Act and to actively enforce legislation by authorities.

c) The cost of dealing with escaped fires is enormous and ongoing. The three large fires during early September on the North Coast have so far burned for more than a week across more than two hundred thousand hectares, with extensive aerial water bombing deployed and resources brought from across the state with have a cost so far of tens of millions of dollars, and they are still burning. This sum does not include the cost of lost built assets, (possibly lives) as well as the huge ongoing environmental costs, including loss of irreplaceable hollow bearing trees and other critical Threatened Species habitat as well as the species themselves.

A changing demographic in many areas of rural NSW sees ‘tree changers’ moving to areas of high fire danger with little experience or resources to implement appropriate fire management. Programs such as NCC’s ‘Hotspots’ provide valuable information about what fire management activities should be undertaken for optimal property protection and biodiversity conservation management. However many inexperienced and under resourced property owners have difficulty safely implementing their fire plans. RFS volunteers cannot be expected to assist with the extensive number of property owners wishing to implement appropriate, safely

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conducted fire management. Contractors available for such work are difficult to find and prohibitively expensive.

Given the wider community benefits of appropriate hazard reduction and ecological fire management there is a need for paid, government-funded professionals to carry out this work. The cost of this initiative would likely be largely offset by the savings in fighting escaped wild fires and the environmental benefits of appropriate fire management. There is currently a NSW State Mitigation Group which carries out hazard reduction activities for vulnerable people and assets such as nursing homes. This group or similar should be given a massive funding increase to carry out this work across the broader community and landscape for people who wish to implement appropriate fire management for genuine hazard reduction work or for legitimate ecological outcomes.

PROPOSED ACTION: a) NCC to amend its Bushfire Policy to include the requirement for year round permits to undertake burning in rural NSW. That NCC instruct its representatives on Bushfire Management Committees across the State that this should be pursued through their district BFMCs. That the NCC representative on the State Bushfire Co-ordinating Committee indicate that this is now NCC policy and seek support from other BFCC members. That the NCC write to the Minister for Emergency Services and Environment Minister stating NCC’s position on year-round permits and seeking Government support for this initiative. b) That the NCC write to the NSW Minister for Emergency Services calling for increased resources be directed to compliance with the Rural Fires Act, in particular dealing with fires leaving landholders’ property as well as active attendance at all fires lit by landholders at all times, until they are fully extinguished. c) That NCC write to the Premier and Minister for Emergency Services requesting that significant resources and professional paid staff be provided to assist landholders implement appropriate hazard reduction and ecological management activities in relation to bushfire management in rural NSW.

Motion 2019/C2 Climate Emergency Submitted by Climate Action Monaro

Seconded: Graham Wood CARRIED

THAT the Nature Conservation Council of NSW call on the Commonwealth Government, as a matter of urgency, to: a) recognise overwhelming scientific evidence that the increase in atmospheric carbon dioxide produced by the burning of fossil fuels directly causes the observed rise in global temperature, which in turn is driving deleterious change in the global climate, with consequent negative impacts on

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agriculture, the Great Barrier Reef, water supplies, the ecosystem generally, as well as human health;

b) put in place effective policies to reduce Australia's carbon emissions; and

c) work with other nations to reduce global emissions to the level required to restrict the increase in global temperature to 1.5 C degrees.

BACKGROUND: Australia, for the past decade, has suffered a vacuum in terms of a coherent climate and energy policy. It is indicative of both profound denial and/or ignorance of the science of climate change on the part of government Members.

The science demands that we move rapidly away from fossil fuels to renewable energy, yet we saw current Prime Minister Scott Morrison in the last Parliament fondling a lump of coal and exhorting the chamber not to be afraid of it. Now, as PM, he has chosen Sussan Ley as Environment Minister, who fails to appreciate the gravity of climate change, believing Australia’s Paris targets are good enough, even though the science says they are woefully inadequate.

Morrison has chosen as Energy Minister, Angus Taylor, who, despite having “Energy Emissions Reduction” in his title as well, fails to do anything at all to facilitate that. Minister Taylor, long an opponent of wind energy, was instrumental in helping then PM Tony Abbott reduce the 2020 renewable energy target (RET) from 41,000GWh to 33,000GWh. That target will be met (thanks to the market, not the government) but now the renewable industry is faced with uncertainty thanks to Taylor not pushing for a renewed RET. He has not called a COAG meeting for months, despite many of his state colleagues being keen to facilitate the energy transition away from fossil fuels, not least the Liberal Premier of South Australia, Steven Marshall. Such a meeting is needed as it is really only government that can connect new solar and wind farms to the grid, and provide new interconnectors between states to help avoid blackouts.

As for Minister Canavan, in his unrelenting pursuit of coal, he insults climate activists, wants the government to underwrite new coal-fired power stations, has actively supported Adani’s Carmichael coal mine (a potential catastrophe for global climate), and wants to export coal to India despite its government moving away from thermal coal in its energy investments.

PROPOSED ACTION: NCC to write to the Prime Minister and relevant ministers as per the motion.

Motion 2019/C3 Acting on the Climate Council report Submitted by Climate Action Monaro

Seconded: Annie Nielsen CARRIED

THAT the Nature Conservation Council of NSW call on the Commonwealth and NSW Governments to take note of, and take appropriate action in response to the findings of the latest Climate Council report, ‘This is what climate change looks like’, namely,

NCC Annual Conference 2019 page 17 that climate change is making it even harder to protect our natural ecosystems and unique wildlife; that Australia now holds the first record of a mammalian extinction due to climate change; that droughts, ‘dry’ lightning strikes and heatwaves are transforming many Australian forests, including previously unburned forests in Tasmania; and, that Australia needs to take a far bolder approach to conservation to ensure our species and ecosystems are as resilient as possible to worsening extreme weather.

BACKGROUND: The report ‘This is what climate change looks like’ can be found at the Climate Council website: www.climatecouncil.org.au. The report is mainly pictorial, showing how coral reefs are bleaching; mangroves are dying in the Gulf of Carpentaria; saltwater is intruding into Top End freshwater wetlands; Tasmanian World Heritage Forests destroyed by unprecedented fire; and iconic river red gums are dying.

It also shows fish kills in the lower Darling River; devastated kelp forests around southern Australia and Tasmania; the loss of seagrass beds in Shark Bay, WA; the transformation of Macquarie Island; the loss of East Antarctic moss beds; the death of some alpine flora; and die-off in WA jarrah forests. In addition, some animal and bird species are suffering and even dying from extreme heat events including penguins, ringtail possums, spectacled flying foxes, Carnaby’s black cockatoo, and outback budgies.

Some animals are at risk of extinction, such as the Green Turtle (through feminisation, related to eggs hatching at higher temperatures) and the Bogong Moth (that used to be in vast numbers but are now much diminished). The extinction of the Bramble Cay melomys (Melomys rubicola), a native rodent, which once lived on a tiny, low-lying sandy atoll in the Torres Strait, is the first record of a mammalian extinction due to climate change. The report concludes that “Australia’s ecosystems are being transformed before our eyes. Already bruised and battered by multiple human-induced stresses including land clearing, invasive species and freshwater diversion, climate change is adding insult to injury. As high levels of greenhouse gas emissions drive ever more severe changes to the climate system, accelerating deterioration of Australia’s environment is inevitable.”

PROPOSED ACTION: NCC to write to the Commonwealth and NSW Governments as per the motion.

Motion 2019/C4 NSW must commit to 100% clean renewable electricity by 2030 Submitted by the Parramatta Climate Action Network (ParraCAN)

Seconded: Shauna Forrest CARRIED

THAT the Nature Conservation Council of NSW strongly urge the NSW Government to: a) commit to achieving 100% clean renewable electricity by 2030;

b) bring forward its net zero greenhouse gas emissions target date to 2040 instead of their current target of 2050; and

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c) provide five (5) yearly targets to achieve this.

BACKGROUND: At the end of 2018, NSW produced 14.4% of its electricity generation from renewable energy, which is amongst the lowest for the states. ACT has a target of 100% renewable electricity by 2020 and they are on track to achieve this. Tasmania virtually has 100% renewable electricity now, but they have the benefit of having mostly hydro generation. South Australia, however, has a target of 100% renewable energy by 2030 and looks like it will come close to reaching it. We acknowledge that NSW has had programs such as assisting businesses to convert to renewable electricity, and has worked with communities on renewable energy projects, but these have not been enough to bring about a greater and necessary transition to renewable energy.

PROPOSED ACTION: NCC with member’s help, write letters per the motion.

Motion 2019/C5 COAG energy meeting needed now! Submitted by the Parramatta Climate Action Network (ParraCAN)

Seconded: Jill Hartley CARRIED

THAT the Nature Conservation Council of NSW write to the Federal Minister for Energy and Emissions Reductions, Angus Taylor strongly urging him to call a COAG meeting on energy so that the states, territories and the Commonwealth can work together to bring down greenhouse gas emissions by acting together on transport, electricity, buildings and industry, and land use including agriculture and forests, to determine the best ways to reduce emissions.

BACKGROUND: Federal Minister Angus Taylor has not called a COAG meeting throughout all of 2019. As his ministry includes emissions reductions, it seems the best way to reduce Australian emissions would be to work with the states and territories, sharing the best ideas to achieve this.

PROPOSED ACTION: NCC to write to Federal Minister Angus Taylor urging that a COAG energy meeting be held before the end of the year.

Motion 2019/C6 Closure of Liddell Power Station Submitted by the Parramatta Climate Action Network (ParraCAN)

Seconded: Jenny Goldie CARRIED

THAT the Nature Conservation Council of NSW write to AGL Energy Ltd, encouraging them to bring forward the closure of Liddell Power Station from the end of 2022 to mid-2022 to avoid possible blackouts due to summer heatwaves that may accompany the closure.

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BACKGROUND: AGL has proposed closing Liddell Power Station at the end of 2022. The Federal Government has demanded it be closed later to avoid any problems due to heavy summer demand. A preferred solution would be to bring forward the closure to avoid summer altogether. If the Power Station is closed down in mid-2022 there still should be plenty of time to sort out any issues that may arise from projected shortages. The best time is probably autumn (April/May) when there is traditionally lower demand. AGL should also be encouraged to install extra renewable energy to assist in the transition period.

PROPOSED ACTION: NCC to write to AGL and/or the Chair of the NCC Executive raise this motion at the next AGL meeting that he may attend.

Motion 2019/C7 Just transition for coal workers Submitted by the Parramatta Climate Action Network (ParraCAN)

Seconded: Angela Michaelis AMENDED, CARRIED

THAT the Nature Conservation Council of NSW urge the NSW Government to support the just transition of coal and coal seam gas industry workers to alternative careers.

BACKGROUND: To bring down CO2 emissions and limit temperatures to a projected 1.5OC increase, NSW must do its fair share. No new coal mines and no new coal seam gas projects should be started, and current coal mines should be phased out. Mine and coal seam gas workers should not be left without jobs. Transitioning them to alternative careers will be essential for the economy, and for them personally. Some ways this could be done would be to provide free TAFE courses, career advice and counselling to assist in this transitional period.

PROPOSED ACTION: NCC to write to the Premier, the Energy Minister and the ALP, strongly urging the above actions. NCC should also meet with the Premier and the Energy Minister on this issue and urge its members to do the same with their local MPs.

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D. BIODIVERSITY CONSERVATION

Motion 2019/D1 Protecting Manly’s Little Penguins Submitted by the North Head Sanctuary Foundation

Seconded: Shauna Forrest CARRIED

THAT the Nature Conservation Council of NSW write to the Minister for Energy and Environment, Matthew Kean, and MP for Manly, James Griffin, urging: a) The inclusion of the Little Penguin in the Biodiversity Conservation Act, 2016, Appendix 2, Table A-1, Guidance, to assist a decision maker to determine a Serious and Irreversible Impacts (SAII) and the subsequent creation of a SAII Threshold;

b) The addition of Prescribed (Additional Biodiversity) Impacts that are relevant to the assessment of Little Penguins, to section 6.1 in the Biodiversity Conservation Act Regulation; and

c) The extension of the Penguin Areas of Outstanding Biodiversity Value (AOBV) to known penguin breeding areas as per the supplied map.

BACKGROUND: The population of Little Penguins at Manly has had a recent decline, and their habitat is under continued threat from increased human activity and development. The population is now just 28 breeding pairs, due to a 30% decline in the last 12 months. Manly’s Little Penguins are the only colony of this species breeding on the NSW mainland. There is a very real possibility that the Manly Little Penguins may become locally extinct on our watch.

Prior to the Biodiversity Conservation Act 2016, there were two types of mapped areas for Little Penguin habitat at Manly. One was included in Local Government legislation (Manly DCP Penguin and Bandicoot map and Section 5.4.2, Threatened Species and Critical Habitat Lands, see 1st map below), and the other smaller mapped area was covered by NSW State legislation (Threatened Species Conservation Act Critical Habitat map and legislation, see 2nd map below) requiring a Species Impact Statement assessment report and concurrence from the Office of Environment and Heritage for DAs in the affected area. Both maps applied to Development Applications in Manly.

Following Council amalgamation, the Northern Beaches Council needs to develop a new Local Environment Plan (LEP) and Development Control Plan (DCP) for the new Local Government area. In the interim, the former Council area LEP and DCPs apply. The former Manly Council had a very strict view on protecting Little Penguin habitat and had an area identified in the DCP (see map below) that required a seven-part test to determine if a Species Impact Statement needed to be undertaken under S5A of the Environment Planning and Assessment Act.

New Biodiversity Conservation Act Under the new Biodiversity Conservation Act, this Critical Habitat area was transferred to an Area of Outstanding Biodiversity Value (AOBV), requiring a Biodiversity Development

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Assessment Report (BDAR) to assess the impact of any proposal, and determine if the applications should be refused or how many offset credits are required. The problems with the application of this legislation are discussed below.

At a minimum, the Northern Beaches Council needs to maintain the DCP areas and investigate whether the zones should be extended. The Little Penguin critical habitat area (and current AOBV Map) covers a different area than that in the Manly DCP map. The AOBV area has consequences other than requiring DA assessments (such as restriction on fishing and dogs and harming penguins and nests, separate to the DA process) and it may not be

NCC Annual Conference 2019 page 22 extended by the State government as requested due to these other requirements. The DCP area is needed in case these additional AOBV areas are not added and as a buffer area around the outside of the AOBV area to require a lesser level of assessment (only a five-part test instead of a BDAR assessment).

PROPOSED ACTION: NCC to write to the Minister for Energy and Environment and Manly MP, as per the motion.

Motion 2019/D2 i-Tree audits of all Canopy Vegetation and Green Spaces Submitted by Saving Sydneys Trees

Seconded: Brigid Dowsett AMENDED, CARRIED

THAT the Nature Conservation Council of NSW call on the Premier and her Government to:

a) conduct yearly i-Tree audit of all Canopy Vegetation and Green Spaces in urban and regional areas of NSW, and that this information reflect the seasonal depletion of canopy (i.e. winter protection as ‘base case accountability figures’) for the benefit of the public and all relevant agencies when approving any developments; and

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b) apply an immediate i-Tree audited ‘per square metre dollar value’, that can be adjusted annually, which reflects community health and well-being, carbon sequestration values and energy costs, and other costs to the ‘public purse’, so this can be made mandatory in all developments and projects.

BACKGROUND: i-Tree is an online combination of science and free tools that quantifies the benefits and values of trees around the world, that aids in tree and forest management and advocacy, and is based on peer-reviewed, USDA Forest Service Research. Tree canopy can be easily estimated using their software – please refer to www.itreetools.org/ for more information.

PROPOSED ACTION: As per the motion.

Motion 2019/D3 Land clearing amnesty Submitted by Climate Action Monaro

Seconded: Shauna Forrest CARRIED

THAT the Nature Conservation Council of NSW condemn the NSW Government, for granting amnesty to farmers who illegally cleared land while the Native Vegetation Act was being reviewed, and for being responsible for a 50 per cent increase in land clearing in 2016-17.

BACKGROUND: Land clearing is not only damaging in terms of biodiversity, soil and water, it releases carbon from the soil thus adding significantly to greenhouse gas emissions that are the cause of climate change.

The NSW Government replaced the law that covered land clearing, the Native Vegetation Act, with a more lenient law in August 2017, the (profoundly mis-named) Biodiversity Conservation Act. According to a report in The Guardian, ‘NSW farmers granted amnesty for illegal land-clearing’, on 1 August 2019, the: “amount of land being cleared for agriculture in NSW soared before the new system came into force, and farmers apparently anticipated they would not be prosecuted under the old law. In 2013-14, 9,200 hectares were cleared for new pastures and cropping in NSW. Following the announcement of a review of the Native Vegetation Act, the number of hectares cleared doubled to 20,200 in 2016-17 and in 2017-18 – the first year of the new laws – it had hit 27,100.”

The figures are much higher when losses due to bush fires and forestry activities are included. The figures for lost native forest are not yet in for this year and are likely to be much higher because of the severe bushfires fanned by strong winds that raged across the state in early September. Disaster assistance was provided for communities in Armidale, Clarence Valley, Glen Innes, Inverell, Tenterfield, Uralla and Walcha. RFS Commissioner Shane Fitzsimmons warned: "It is a sobering reminder of what is ahead, with the outlook indicating the next three or four months is dominated by above average temperatures, below average rainfall and unfortunately there is no meaningful signal anywhere for drought breaking, relieving rain."

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The combination of lax new land-clearing laws, plus worsening conditions for fire, plus amnesty for farmers and agri-business who broke the old laws, is potentially disastrous. The amnesty means that farmers feel they have carte blanche to clear native vegetation on their land at the expense of the environment and climate. If runaway climate change is to be averted, mass afforestation is required, not deforestation.

PROPOSED ACTION: NCC to write to the NSW Premier and relevant ministers as per the motion, with copies to the Opposition and crossbenchers.

E. NATIONAL PARKS, WILDERNESS, PROTECTED & NATURAL AREAS

Motion 2019/E1 Maintain support for Lake Wollumboola Submitted by the Lake Wollumboola Protection Association Inc.

Seconded: Rob Pallin CARRIED

THAT the Nature Conservation Council of NSW maintain its support for conservation of environmentally sensitive private lands in the Lake Wollumboola catchment, including protection as part of Jervis Bay National Park and write to the Ministers for Environment and Planning, welcoming their support and seeking further action to: a) prioritise Long Bow Point for purchase by the NSW National Parks and Wildlife Service should the site be offered for sale because of its critical role in protecting Lake Wollumboola’s water quality and ecology, and supporting endangered ecological communities, protected wetlands and threatened fauna species; and due to its Aboriginal Cultural Heritage significance (Minister for the Environment).

b) resume the nomination process for Lake Wollumboola as a Wetland of International Significance under the Ramsar Convention (Minister for the Environment); and

c) protect other private environmentally sensitive sites in the Lake Wollumboola and adjacent Crookhaven River catchment included in the Halloran Planning Proposal (Minister for Planning).

BACKGROUND: The entire Lake Wollumboola and Crookhaven area is culturally significant for the Jerrinja community. Both Lake Wollumboola and the Shoalhaven-Crookhaven Estuary are recognised as Wetlands of National Importance and internationally significant as habitat for migratory birds as part of the East Asian Australasian Flyway under migratory bird agreements with China, Japan and South Korea. Lake Wollumboola (2002) and its south west catchment (1998) are part of Jervis Bay National Park.

The lake is a highly sensitive, unique coastal ICOLL/wetland ecosystem. It is also recognised by Birdlife International and the International Union for Conservation of Nature as a globally

NCC Annual Conference 2019 page 25 important Key Biodiversity Area (KBA) particularly for providing habitat for thousands of Black Swan and Chestnut Teal.

Office of Environment and Heritage research has demonstrated the significance of the lake catchment, particularly Long Bow Point as critical in maintaining the lake’s natural surface and ground water quality and sensitive ecosystem. The catchment is also significant for supporting Endangered Ecological Communities, threatened species and Coastal SEPP 2018 Wetlands.

Lake Wollumboola was assessed as meeting 4-5 Ramsar listing criteria (Jervis Bay National Park Plan of Management 2011) but further assessment was put on hold in 2011. OEH advice in 2017 was that consideration of Lake Wollumboola as a Ramsar site “will resume following resolution of current planning matters and the development of a nomination assessment framework.” LWPA is awaiting an update from the current Minister for the Environment.

The Crookhaven River supports extensive Coastal SEPP 2018 Mangrove areas, fish nurseries and extensive oyster leases. The native vegetation in the Crookhaven catchment supports Threatened Species. Undisturbed middens line the shore. Members of the Lake Wollumboola Protection Association with support from NCC and the TEC have since 1993, played a critical role in initiatives towards protection of Lake Wollumboola and natural parts of its catchment as part of Jervis Bay National Park, declaration of the lake as a Ramsar wetland and protection of the lake and Crookhaven River and catchment from major urban expansion.

NCC support for further action is important in convincing current Ministers for the Environment and Planning to take critical steps towards finally protecting the Lake Wollumboola catchment, including purchase of Long Bow Point and recommencement of Lake Wollumboola’s Ramsar listing.

PROPOSED ACTION: NCC to write to the NSW Minister for the Environment regarding prioritising purchase of Long Bow Point and recommencement of the Ramsar listing process for Lake Wollumboola; and to the Minister for Planning regarding protection of high conservation value lands included in the Culburra Beach part of the Halloran Planning Proposal.

Motion 2019/E2 Go-Kart Track on Mount Panorama Submitted by the Bathurst Community Climate Action Network

Seconded: Annie Nielsen CARRIED

THAT the Nature Conservation Council of NSW write to the Minister for Planning opposing the construction of a specific-purpose Go-Kart track on Mount Panorama.

BACKGROUND: Bathurst Regional Council has approved the construction of a Go Kart track on Mount Panorama. Mount Panorama already accommodates one international motor racing track and a second motor racing track has been approved and has received funding.

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The creation of a third motor racing track on Mount Panorama would have the following environmental consequences:

 The permanent removal of 0.79 ha of White Box Yellow Box Blakely’s Red Gum Woodland listed as an Endangered Ecological Community under the Biodiversity Conservation Act of NSW (formerly the Threatened Species Conservation Act).

 Removal of 3.57 ha of exotic and planted vegetation including exotic non-native Hawthorn and Pine trees which may provide over wintering foraging resources for native birds.

 The removal of three (3) hollow bearing trees containing approximately eight hollows and two dead trees providing potential habitat for hollow-dependent fauna including threated microbats.

 Reduction of 0.79 ha woodland habitat for Koala (listed as Vulnerable under the Biodiversity Conservation Act and the Environment Protection and Biodiversity Conservation Act including the removal of two Ribbon Gum trees listed as primary feed trees for the Central Tablelands region.

 Indirect impacts to 2.95 ha of White Box Yellow Box Blakely’s Red Gum Woodland vegetation listed under the Biodiversity Conservation Act (formerly TSC Act), and potential injury or mortality of small, terrestrial fauna within the proposal footprint.

The following vulnerable and threatened animals have been observed on the proposed site:  Koala  Diamond Firetail  Dusky Woodswallow  Brown Treecreeper  Gang-gang Cockatoo  Flame Robin  Scarlet Robin  Threatened microbats including: the Yellow-bellied Sheathtail Bat, the Eastern Bentwing-bat; the Large-footed Myotis, and Corben’s Large-eared Bat.

The construction of this third track would unnecessarily threaten these species. The Nature Conservation Council should urge the Minister to require the proposers of the Go-Kart track to work with the planners of the second race-track, to ensure the track is designed to accommodate a range of motor sports including go-karts and ensure that facilities are shared, thus reducing the environmental impact and economic cost of an unnecessary third track.

PROPOSED ACTION: NCC to write to the NSW Minister for Planning per the motion.

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Motion 2019/E3 Prohibit recreational facilities within Endangered Ecological Communities Submitted by the Bankstown Bushland Society Inc.

Seconded: David Stead AMENDED, CARRIED

THAT the Nature Conservation Council of NSW strongly urge the NSW Government to prohibit the construction of recreational facilities within Endangered Ecological Communities and significant bushland in Deerbush Park at Fairfield Showground.

BACKGROUND: In 2020 in Deerbush Park at Fairfield Showground, Fairfield City Council intends to build an Adventure Playground with trampolines, a carousel, climbing net, fort, slide, sand pit, riding track, river bed crossing, water pump, nest swing, flying fox and gym equipment. The design for the Playground shows greatly reduced and fragmented spaces for tree retention.

Deerbush Park is a council-owned designated Natural Area, zoned Environmental Conservation. It comprises a stand of Broad-leaved Ironbark (Eucalyptus fibrosa), a remnant of Cumberland Plain Woodland, a Critically Endangered Ecological Community, containing three Threatened species (Acacia pubescens, Marsdenia viridiflora and Pomaderris prunifolia). This is the second Adventure Playground in the Fairfield LGA to be built in a Cumberland Plain Woodland remnant — the first was in a rare stand of E. bosistoana and E. beyeriana at Fairfield Park.

When Fairfield Showground was remodelled in the early 2000s, much of the area next to Deerbush Park contained fine stands of ironbark trees that were cut down to make way for what is now the main car park. To compensate for loss of a great many trees, Deerbush Park was designated a Natural Area in which all trees would be protected and conservation values given priority. If the remodelling of the park proceeds, Council will have abandoned appropriate low impact management of Endangered habitat, for what it calls “an exciting new playground”.

There are at least two alternative sites at Fairfield Showground where an Adventure Playground and associated facilities could be constructed without compromising any ecological values: one being at the northern end of the park next to Moonlight Road; the other on the south side of Orphan School Creek adjoining the model trains facility.

Bankstown Bushland Society believes that Endangered Ecological Communities are inappropriate locations for developments of this kind that reduce potential for regeneration and put conservation values at risk. Such developments should be located entirely outside areas of significant bushland. Adventure Playgrounds are incompatible with Endangered Ecological Communities and significant bushland.

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Deerbush Park at Fairfield Showground is Cumberland plain woodland, an endangered ecological community, home to or visited by populations of three threatened species. It is also a ‘Designated Natural Area’ with listed heritage significance, zoned ‘Environmental Conservation’.

Fairfield City Council’s ‘exciting new playground’

PROPOSED ACTION: NCC to write to NSW Government Ministers as per the motion.

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Motion 2019/E4 Carbon plantations in national parks must comply with the National Parks & Wildlife Act Submitted by the Colong Foundation for Wilderness Ltd

Seconded: David Stead AMENDED, CARRIED

THAT the Nature Conservation Council of NSW: a) Request that carbon sequestration plantations only be established in national parks at ecologically suitable densities, as part of a restoration program after an open and transparent planning process with adequate environmental assessment, public comment and review, and in accordance with a park plan of management;

b) Request such plantations be comprised of ‘local provenance’ species found in areas adjacent to the plantation (with plants grown from seed collected near the plantation site);

c) Demand that any carbon sequestration plantations already established in national parks either meet the nature conservation objects and management principles of the National Parks and Wildlife Act, 1974 within twelve months or be removed; and

d) Call on the Minister for the Environment to immediately modify this program to ensure that it fits with the ecological characteristics of the specific site.

BACKGROUND: The NSW National Parks and Wildlife Service (NPWS) has embarked on a plantation program for carbon offsetting in 17 National Parks and Reserves across NSW with a private company, CO2 Australia, that is funded through the Commonwealth Emissions Reduction Fund, NSW Climate Change Fund and 20 Million Trees Program. Already thirteen parks have carbon plantations in them with another five park-based plantations imminent. The environmental assessments for these plantations have been comprised of internal NPWS reports and are tokenistic.

The NPWS contract with CO2 Australia prohibits ecological thinning of the plantations. The carbon sequestration objective in the contract is maximised for financial gain and prevails, unlawfully, over the nature conservation purposes of NSW national parks.

Over the next decade, the NPWS estimates that carbon farming can generate up to $57 million in thirty national parks and these plantations plans are just the start. The program must be stopped immediately and existing national parks plantations thinned to ecologically suitable densities or removed completely.

PROPOSED ACTION: NCC to write to the NSW Environment Minister seeking assurances that national parks are not ruined through the installation of ‘tree farms’ and urge that he take action in accordance with this resolution.

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Motion 2019/E5 Do not exclude pack campers from Ben Boyd National Park Submitted by the Colong Foundation for Wilderness Ltd

Seconded: Haydn Washington CARRIED

THAT the Nature Conservation Council of NSW, noting its 2014 Annual Conference long-distance walking track policy, which requires that accommodation infrastructure to support ‘iconic’ tracks be provided off-park in nearby or adjoining areas: a) Request that the Minister for Energy and Environment ensure any amendments to the plan of management for Ben Boyd National Park permit pack campers to use the Light to Light Walk, including existing camp sites at Hegartys Bay and Mowarry Point;

b) Urge the Minister for Energy and Environment to take the necessary steps to prevent any proposed realignment of the Light to Light Walk that would negatively impact the environment and coastal vegetation communities;

c) Call on the Minister for Energy and Environment to cancel proposed camping platforms and built accommodation at Hegartys Bay and Mowarry Point, as existing public camp sites are not overused and are in keeping with the overall strategy of maintaining the ‘remoteness’ of Ben Boyd National Park and the region’s Wilderness Coast tourism branding;

d) Request the Minister for Energy and Environment set ground rules to ensure commercial facilities in national parks do not deny public access to walking tracks and other basic facilities, such as camp grounds, or to popular destinations such as beaches; and

e) Reiterate NCC policy opposing new accommodation infrastructure in national parks.

BACKGROUND: In August 2019 the National Parks and Wildlife Service proposed draft amendments to the Plan of Management for Ben Boyd National Park to realign and develop accommodation facilities for the Light to Light Walk, specifically stating that ‘pack camping along the Light to Light will no longer be allowed’.

Proposed track realignments will damage coastal vegetation communities, where new works will allow wind and salt to get under existing shrub and tree canopies. The claimed environmental benefits of avoiding heathlands will be cancelled out by this environmental damage and the loss of generally stable, traditional Aboriginal walking routes. These

NCC Annual Conference 2019 page 31 established routes are part of our heritage, cause little disturbance to wildlife, including parrots, and should be retained.

The proposals for new commercial accommodation are inappropriate. Their exclusive nature will result in fewer people using this national park, particularly due to the proposed denial of pack camping and through walker usage of general areas where the new accommodation is proposed to be located.

PROPOSED ACTION: NCC to write to the NSW Environment Minister along the lines of the motion and background statement.

Motion 2019/E6 Wildlife enclosures in national parks not the answer Submitted by the Colong Foundation for Wilderness Ltd

Seconded: Haydn Washington AMENDMENT DEFEATED: 13 to 25 ORIGINAL MOTION CARRIED: 26 to 9

THAT the Nature Conservation Council of NSW request that the Minister for Energy and Environment: a) Commission an open public inquiry into wildlife sanctuaries in national parks to be undertaken before any legislation to amend the National Parks and Wildlife Act, 1974 is tabled; and

b) Establish a moratorium on the development of new wildlife sanctuaries in national parks.

BACKGROUND: Wildlife preservation through enclosures and the breeding of native animals creates a managed landscape where additional food stocks must be brought in, and eventually the animals within the enclosures must be culled or removed due to a lack of natural limits to population growth.

Such wildlife management should be a last resort for threatened species as it is an expensive solution requiring significant resources. To provide long-term security for these artificial sanctuaries, special legislation is proposed for what will prove to be an “almost new status of national park” according to Energy and Environment Minister Matt Kean (SMH 24/8/2019). This new form of national park management will be expensive and exclusive and better suited to private land, rather than a public park.

The proposed legislation may enable commercial wildlife sanctuaries to pay for this form of wildlife management. Areas of national parks near Sydney, possibly in Royal or Kur-ring-gai Chase National Parks, are planned to be fenced-off and visitor fees set to access areas that were previously public national park.

Scientists are commenting that funding for pest control in metropolitan national parks is almost non-existent, and suggesting funds used to establish wildlife sanctuaries would be better spent on pest species management in national parks.

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PROPOSED ACTION: NCC to write to the NSW Environment Minister requesting an inquiry into and moratorium on the establishment of wildlife sanctuaries in national parks.

Motion 2019/E7 Support for ‘Destination Pagoda’ Submitted by the Colong Foundation for Wilderness Ltd

Seconded: Janine Kitson CARRIED

THAT the Nature Conservation Council of NSW call on the NSW Government to support and fund Destination Pagoda, a reserve establishment and visitor management plan for a 39,000 hectare world-class tourism and conservation reserve on Lithgow’s doorstep, that will benefit workers, community and the environment.

BACKGROUND: The Colong Foundation, Blue Mountains Conservation Society and Lithgow Environment Group have developed Destination Pagoda to establish a new 39,000 hectare Gardens of Stone State Conservation Area that can: • provide attractive recreational facilities closely linked to a strategically upgraded touring road network around Lithgow; • build a vibrant tourism economy for Lithgow, linked to its traditions; • conserve and celebrate its internationally significant pagoda landscapes, nationally rare upland swamps and many other important natural heritage values; and • allow responsible underground mining to continue to operate under areas proposed for reservation.

Destination Pagoda would be established on public lands, mainly Newnes, Ben Bullen and Wolgan State Forests. Reservation of the whole Gardens of Stone proposal area, moderate initial investment in basic visitor facilities and ongoing management are required. Within 25 years, coal mining will cease and it is imperative that the Lithgow region commence its transition to a new sustainable economy as soon as possible.

PROPOSED ACTION: NCC to write to NSW Cabinet Ministers requesting immediate action to create a 39,000 hectare Gardens of Stone conservation reserve and fund Destination Pagoda.

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Motion 2019/E8 ‘Nature Needs Half’ Policy Submitted by the Colong Foundation for Wilderness Ltd

Seconded: Haydn Washington CARRIED

Introduction I am convinced that only by setting aside half the planet in reserve, or more, can we save the living part of the environment and achieve the stabilization required for our own survival. Prof E.O. Wilson in ‘Half Earth’ (2016)

NCC is the voice for nature in NSW. NCC upholds the intrinsic value of nature to exist for itself (see our policy at https://www.nature.org.au/media/1405/intrinsic-value- of-nature-2011-policy-e1.pdf ). This policy states: ‘the natural world has a right to exist for itself, irrespective of its use or value to humanity. This is the fundamental ethical foundation that underlies all our work’.

Science and experience over the last twenty years also shows that biodiversity loss will continue if protected areas are managed as islands in a fragmented landscape where natural processes supporting ecosystem health are disrupted by human development (Wilson 2016; Noss 2019). The problem now occurs across the world on a vast scale and can only be managed by conservation action across all land tenures at a large landscape scale. In 2019, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES 2019) noted that a million of the Earth’s species are at risk of extinction. Wilson (2003) suggests half the world’s species could be extinct by the year 2100.

However, a key vision has come forward to turn this around, called ‘Nature Needs Half’ (https://natureneedshalf.org/) which aims to: ‘protect 50% of the planet by 2030, turning the tide in favour of Earth's life support systems and transforming society's relationship with nature, one ecoregion and country at a time’. Extensive work in the field of conservation biology (e.g. https://natureneedshalf.org/; https://www.half-earthproject.org/; Wilson 2016; Noss 2019) tells us that if society is to keep the majority of the Earth’s species alive, then it will need to protect half of all lands for nature. For the survival of the amazing and rich diversity of life on Earth, half of the Earth needs to be there primarily for nature, not human development and exploitation. If we keep half the world natural then we can save at least 85% of the world’s species (https://www.half-earthproject.org/discover-half-earth/). Current ‘Aichi’ targets set by the Convention for Biological Diversity are for only 17% of the Earth to be reserved by 2020 (CBD 1992). However, as eminent conservation biologist Professor Reed Noss has explained (Noss 2019) this target was chosen for what was deemed politically possible not what was needed to preserve the majority of the world’s species. The ‘Nature Needs Half’ vision is thus a key strategy to retain the diversity of life on Earth into the future.

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Policy • NCC supports the ‘Nature Needs Half’ vision, where half of all lands are reserved or dedicated by other effective means for nature conservation. • We urge all governments of Australia (local, State and Federal) to support this urgent vision for a biodiverse and sustainable future. • We especially encourage the NSW government to expand its plans for reservation of natural lands. To this end we urge the NSW government to radically expand the gazettal of national parks and other conservation reserves in NSW. A key element of this is to gazette all remaining identified wilderness in NSW. • NCC also understands that national park expansion alone will not enable us to reach a 50% target. Many other reserve types will need to be used to come near the vision. This will include roadside vegetation reserves, Indigenous Protected Areas (a category that has expanded hugely in recent decades), Council reserves, and covenants on private land such as Voluntary Conservation Agreements. • We also urge the Commonwealth government to adopt the NNH vision, and work with the States to bring this vision to a reality. It should establish a Working Group involving government representatives, State Conservation Councils, and key experts on the topic to devise a strategy for achieving the NNH vision by 2040. • NCC supports the need for increasing connectivity between reserved areas via conservation corridors (a collaborative project bringing together many stakeholders) to link these together as part of a framework for large landscape conservation. In particular NCC supports the Commonwealth’s 2012 National Wildlife Corridors Plan, and its 5-point action plan: 1) Develop and support corridor initiatives; 2) Establish enduring institutional arrangements; 3) Promote strategic investment in corridors; 4) Work with key stakeholders and support regional natural resource management (NRM) planning; 5) monitor, evaluate and report. • NCC commits to exploring avenues to work with other conservation/ environment groups to promote the NNH vision.

References IPBES (2019) ‘Nature’s Dangerous Decline “Unprecedented” Species Extinction Rates “Accelerating”’, press release of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, see: https://www.ipbes.net/news/Media-Release- Global-Assessment. Noss, R. (2019) ‘The Spectrum of Wildness and Rewilding: Justice for All’, in Conservation: Integrating Social and Ecological Justice, H. Kopnina and H. Washington (eds). New York: Springer. Wilson, E.O. (2003) The Future of Life. New York: Vintage Books. Wilson, E.O. (2016) Half-Earth: Our Planet’s Fight for Life. New York: Liveright/ Norton.

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Motion 2019/E9 Additions to Jervis Bay National Park Submitted by the Jervis Bay Regional Alliance

Seconded: Brian Everingham CARRIED

THAT the Nature Conservation Council of NSW: a) Thank the National Parks and Wildlife Service, via the Minister for the Environment, for the recent acquisition and gazettal of several parcels of land for inclusion into Jervis Bay National Park, and for its ongoing work to restore the Heritage Estates;

b) Urge the Minister for the Environment to continue building the protected area network in the Jervis Bay area, including the addition of Currambene, Nowra and Tomerong State Forests to the protected area estate to consolidate the east-west corridor; the purchase of Long Bow Point at Lake Wollumboola should it become available for sale; and funding the ongoing acquisition and reservation of the Heritage Estates;

c) Note that the proposal is consistent with the ‘twin commitment’ because the state forests in question are almost entirely protected by prescription and therefore unproductive;

d) Draw the attention of the Minister for the Environment to the rapid growth in visitor numbers to Jervis Bay National Park, and emphasise the importance of protected areas to regional economies through drawing visitors from Sydney to regional areas; and

e) Urge the Minister for the Environment to boost the funding of the National Parks and Wildlife Service so that it can better manage the growing impacts of visitation on national parks, and provide well-paid, high-value jobs for regional communities.

BACKGROUND: Jervis Bay National Park (JBNP), like many in NSW, has been built over many decades through the gradual addition of parcels of land to the protected area network. This work is incomplete and ongoing. The success in building JBNP is the primary reason for maintaining the area’s natural beauty and high visitation. The 2019 NPWS Visitation Survey placed JBNP seventh for visitation — higher than any non-Sydney park with the exception of Kosciuszko — with growth in excess of 800,000 visitors to 1.37 million.

Consolidating the east-west corridor at Jervis Bay is a priority in the National Parks Establishment Plan and the South Coast Regional Strategy, and successive governments have continued this consolidation. The current government has acquired the ‘coathanger’ and ‘Tafe’ blocks at Vincentia, a 130 hectare block west of Callala Bay, and has continued to acquire and fund the restoration of, the ‘Heritage Estates’ (a paper estate that Shoalhaven

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Council attempted to rezone and develop but which federal Environment Minister, Peter Garrett, rejected on environmental grounds) (Figure 1).

Figure 1: Southernmost sections of Jervis Bay National Park including recent additions, important related land tenures and BirdLife Australia’s Key Biodiversity Area for the eastern bristlebird. Notable is the ongoing painstaking effort that has gone into consolidating the park over many years.

Several recent biobanking agreements have added to the integrity of the Park boundaries in the northern section near Lake Wollumboola. However, Long Bow Point is still outstanding and should be a priority acquisition should it become available for sale (Figure 2).

The natural beauty of the Jervis Bay area—attributable in large part to JBNP, the Jervis Bay Marine Park and the Commonwealth Booderee National Park—is resulting in increasing development and visitation. It is therefore vital that the government retain its focus on building JBNP for the long term. The Jervis Bay Regional Alliance, in combination with BirdLife Shoalhaven, National Parks Association of NSW, Lake Wollumboola Protection Association, HEST and Australian Conservation Foundation Shoalhaven Branch has proposed the next steps in building JBNP that have been communicated to the Members for South Coast and Kiama and the Environment Minister.

Despite their modest size (~3,000 hectares) these are the vital next steps in securing bushland connectivity in the area in the face of development pressure. The Jervis Bay Regional Alliance notes that there are existing mountain bike tracks in Nowra and Currambene state forests and is willing to consider appropriate reservation status to enable existing uses to continue and help ensure tracks are well managed, so as not to damage sensitive ecosystems and/or species.

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Figure 2: Map showing parcels of the Halloran Planning Proposal that have been secured under bio-banking agreements (dark green polygons) and areas still pending resolution (hatched polygons). Long Bow Point is located to the north-east of the northernmost bio-banking area indicated by the red arrow. Also shown is the 130 hectare acquisition to the west of Callala Bay (olive green polygon).

The reservation of the state forests is judged to be compliant with the NSW government’s ‘twin commitment’ to no reduction in wood supply and no reduction in environmental values because the forests are almost entirely protected by prescription (Figure 3).

The Jervis Bay Regional Alliance is concerned that growing visitation is increasing impacts on national parks in the local area. Our members and supporters frequently witness inappropriate activities such as dog walking in national parks and on beaches and mountain bike use on walking tracks. We are concerned that resourcing of the National Parks and Wildlife Service has not kept pace with visitor impacts on national parks and we fear that this will, in the long term, erode the natural values of parks. We therefore call on the NSW government to better resource the NPWS so that it can manage visitor impacts.

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Figure 3: Map showing the landscape context of the proposed state forest additions to the Jervis Bay protected area network. Polygon colours describe different Forest Management Zones and protected Threatened Ecological Communities. Note, Yerriyong is excluded from the present proposal due to the lack of alignment with the ‘twin commitment’.

PROPOSED ACTION: NCC to write to the Minister for the Environment and the Shadow Minister as per the above motion, with copies to the Members for South Coast and Kiama.

Motion 2019/E10 Marine Park Review Process Submitted by the Nature Coast Marine Group Inc.

Seconded: David Stead CARRIED

THAT the Nature Conservation Council of NSW write to the Minister for Agriculture and Western NSW, the Hon. Adam Marshall, and the Minister for Energy and Environment, the Hon. Matt Kean, requesting that:

a) The Government reaffirm its Marine Estate Management Strategy, which states that "the NSW Government is committed to maintaining the existing system of marine parks in NSW and improving the holistic management of the protected area network, guided by the objects and requirements of the Marine Estate Management Act 2014” (NSW Marine Estate Management Strategy 2018-2028, p16);

b) Decisions resulting from the Government’s review of the marine estate adhere to the process that the Government itself has established, including effective community engagement, the explicit consideration of the well-being

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of future generations, the application of the precautionary principle and for management decisions to be transparent (Strategy, p 11.);

c) They reject any ad hoc proposals that may be put forward outside this process, including those put forward earlier this year in relation to removing sanctuary zone protection in four areas of the Batemans Marine Park; and

d) They be responsive to the strong support across the community for sanctuary zones as a key element in protection of the marine environment, which was clear from the Government’s 2014 Marine Estate Community Survey, as well as other surveys and studies.

BACKGROUND: In the lead up to the March 2019 state election, the Member for Bega and Minister for Transport and Roads, Mr Andrew Constance, put forward a proposal to “fast track” the abolition of a number of Batemans Marine Park sanctuary zones. The proposal was revisited in July and is currently under consideration by NSW Fisheries. It appears not to have been addressed yet by the relevant ministers.

Mr Constance’s proposal flies in the face of the Government’s own detailed marine management review process, which has been under way for eight years. His proposal has no scientific backing or any other documentation to support it and there has been no consultation outside a small group of recreational fishing representatives. It appears to be no more than a short-term political intervention aimed at appealing to just one sector of the community. It is of concern that Mr Constance’s rhetoric suggests he intends to push for the erosion of more and more of the protections for marine life that have been in place for over a decade. The proposal is of wider concern because the development of a new Batemans Marine Park management plan is intended to be a pilot for other marine parks in the state. Zoning decisions in Batemans could end up being a template for what happens elsewhere.

The long-standing government process for reviewing the marine estate has involved legislation, organisational restructuring, extensive documentation, meetings and workshops, public consultation and preparation of submissions. While we have concerns about various aspects of the process, it contains elements that, if implemented sincerely, could lead to effective marine parks being confirmed as drivers of marine conservation into the future. Representatives from conservation and other interested sectors have been involved in the process from the start, on the assumption that consultation will be inclusive, fair and transparent and that the Government will implement the process in a professional and consistent way. The process had been approaching the point where specific management arrangements for Batemans Marine Park could be considered in a holistic way. NSW Fisheries had set out a timetable that incorporates a range of consultation methods and we had expected this to be implemented over the coming months. However, the Constance proposals threaten to undermine the credibility of the entire process.

PROPOSED ACTION: Letters as per the motion.

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F. ENVIRONMENTAL WATER & INLAND RIVERS

Motion 2019/F1 Prohibit longwall mining under Sutherland Shire’s water supply Submitted by the Sutherland Shire Environment Centre Inc.

Seconded: Brian Everingham CARRIED

THAT the Nature Conservation Council of NSW write to the Premier and the Minister for Planning and Public Places, The Minister for Water Property and Housing, and the Minister for Energy and Environment demanding that they protect Sutherland Shire’s water supply by rescinding the development consents that permit longwall mining under the Woronora Dam.

BACKGROUND: Woronora Dam is part of the complex of dams that comprises Sydney’s water supply. However, Woronora Dam is a major source of water for the Sutherland Shire. Indeed, for some suburbs it is virtually the sole source.

The government is required under the Water NSW Act 2014 to ensure that we have a secure water supply, unpolluted by contaminants. Likewise, the government is obliged to protect the environment and provide services to the community in a way that is of greatest economic benefit to the community. Delaying further the transition away from coal is increasing future economic and environmental problems.

The proximity of mining by the Metropolitan Colliery (Peabody) to the catchment of the Woronora Dam has been a matter of controversy for more than 13 years. Cracking and drying of the bed of the Waratah Rivulet was recorded in 2006. In 2018 Water NSW stated that it appears “impacts on the Eastern Tributary have been expanding rapidly since at least 2015”. Since then approval for mining tunnels has continued.

There are indications that two swamps that filter and clean our water, have also dried out. The Metropolitan Colliery admitted responsibility for the cracking. The method of remediation was to fill the cracks with polyurethane. Water NSW in the 2018 noted that “there is a high level of uncertainty about the likely success of future remediation efforts in both watercourses and swamps”.

Water lost from parts of the Waratah Rivulet, has emerged further downstream, contaminated by iron, manganese, zinc, aluminium, barium and strontium.

What are the effects on human health and the cost of chemicals being added to the water to deal with this contamination? Humans are not the only lifeform affected by the reduction in the quality and quantity of water.

The royalties to the government paid by mining companies in no way compensates for the damage to the water supply. The cost of building the desalination plant and payment for its operation, even when it is not providing water, is a case in point. The State government is now proposing to build a second desalination plant and to raise the wall of Warragamba Dam. The Deputy PM on 14 September launched the $100 million National Grid Authority.

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He stated, “I intend to be known as the National’s leader who builds dams.” (SMH 13 – 14 September 2019)

PROPOSED ACTION: Letters as per the motion.

Motion 2019/F2 Overhaul Sydney’s water supply policies Submitted by the Sutherland Shire Environment Centre Inc.

Seconded: Angela Michaelis CARRIED

THAT the Nature Conservation Council of NSW lobby the Government, Opposition and the Crossbenchers to strengthen the protection of Sydney’s water supply and water catchment to meet the statutory provisions of the Water NSW Act 2014.

BACKGROUND: The area supplied by Sydney Water extends far beyond what most people regard as the boundaries of Sydney: to Brooklyn in the North, the Blue Mountains, and the Illawarra past Kiama. The dams that supply Sydney Water are located to the South and West of Sydney. Warragamba Dam is just under 80% of Sydney’s water supply capacity and on 12 September 2019 had available storage of 50.5%. The total available storage for Sydney’s water supply was 49.1%. This shows that the 10 other dams and reservoirs are playing a significant role in supplying water.

The dam catchments extend even further. Coal mining is undertaken in catchments in the Illawarra and in the Blue Mountains near Lithgow. Warragamba Dam has a catchment that extends as far as Lithgow, where new mines have been approved. The Cataract, Cordeaux, Avon, Woronora, and Nepean catchments and respective dams, are under threat from coal mining. The upper Nepean catchment is under further threat from new coal mining proposals in Wingecarribee Shire. There is evidence that coal mining has caused surface, underground and storage water loss, destruction of the surface environment and pollution of water resources. Policy consideration must be given to halt new coal projects in the catchment areas and to phase out existing operations.

Mining under a major water supply is untenable. The Metropolitan Colliery workforce should be part of a transition program starting immediately to rehabilitate environments around mines.

Treasury needs to carefully evaluate the cost of compensating for dams that are being impacted. Building desalination plants and more dams, and raising the Warragamba Dam wall are costly, compared to the royalties obtained from coal mining companies.

Without effective catchments there cannot be effective dams and storage. Climate change has and will adversely impact catchment productivity and thus the storage dams. Energy policies to encourage renewable energy, and energy storage via pumped off-river hydro projects can help limit climate change and reduce risks to the water supply. Our vehicle and Power Station Emission Standards are inferior to those in Europe, the USA and China. This all contributes to climate change. Climate change is recognised as a contributory factor in our increased bushfires. We need good water supplies to fight these fires.

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Policies supporting population growth in Sydney Water’s area together with impaired water resources, will generate further problems. Plans to provide adequate water for our rapidly expanding city will affect the environment. Desalination plants cause higher salinity in the surrounding seawater; raising Warragamba Dam’s wall will flood a considerable area of Blue Mountains National Park.

Policy needs to give priority to the provision of an adequate water supply and that requires a multi-faceted approach.

PROPOSED ACTION: NCC to seek appointments with the Minister for Planning, Shadow Minister for Planning, and Crossbench members with equivalent responsibilities, in line with the motion. The following references may be useful:

 WaterNSW, WaterNSW Principles for Managing Mining and Coal Seam Gas Impacts in Declared Catchment Areas.  Independent Expert Panel for Mining in the Catchment, Initial report on specific mining activities at the Metropolitan and Dendrobium coal mines, 12 November 2018.  WaterNSW, Submission to the Independent Expert Panel for Mining in the Catchment, March 2019.  Sydney Water Annual Report 2017-2018.  Alluvium Consulting Australia, 2016 Audit of the Sydney Drinking Water Catchment, 2017.

In addition, NCC to write letters to the Ministers as per the motion, based on the background provided (with photos of specific damage) and references to the following:

 Water NSW Act 2014  Independent Expert Panel for Mining in the Catchment, Initial report on specific mining activities at the Metropolitan and Dendrobium coal mines, 12 November 2018  Water NSW, Submission to the Independent Expert Panel for Mining in the Catchment, March 2019.  Water NSW, Annual Report 2017-18, 31 October 2018.  Water NSW, Water NSW Principles for Managing Mining and Coal Seam Gas Impacts in Declared Catchment Areas.  https://www.sydneywater.com.au/sw/water-the-environment/how-we-manage- sydney-s-water/water-network/index.htm  SMH August 5, 2019 “Leaked charts 'undercut' case to lift Warragamba dam wall: opponents”.

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G. PROPOSED CONSTITUTIONAL AMENDMENTS

Executive recommended Constitutional Amendments – explanation The Executive’s recommended constitutional amendments are as follows:  Removing the category of ‘Corresponding Body’ from the Constitution;  Better defining Membership Categories;  Insertion of opening words into clause 19(b)(iv) to correct 2018 amendments regarding nomination to the executive.  Amendment of clause 22(e) to update disqualification of members of the Executive by reason of incapacity.

The first two amendments follow from: 2018 Annual Conference Motion H5 – Review of membership categories

THAT the NCC Executive undertake a review of the NCC constitutional clauses that relate to members for the purpose of updating these provisions, including:

(a) ensuring that full membership is only open to societies, bodies or associations which are closely associated with the NCC’s primary aims and objects;

(b) clarifying the distinction between Full Members and Associate Members; and

(c) reviewing the membership category of ‘Corresponding Bodies’ to determine whether it is still required.

The NCC Executive will bring any proposed constitutional changes to the 2019 NCC Annual Conference for approval.

______

Motion 2019/G1 Remove ‘Corresponding Body’ category from the Constitution Submitted by the Executive:

All Constitutional motions were considered together Seconded: Mark Ambrose CARRIED

THAT the Nature Conservation Council of NSW remove Clause 11 (a), the category of ‘Corresponding Body’, and all mentions of it, from its Constitution, including the word ‘body’ when it does not refer to a person.

BACKGROUND: The category of Corresponding Body is a somewhat historical anachronism, that these days has little practical meaning or benefit for those groups who have chosen it. It has been a category of choice for some groups, but carries no NCC voting rights and is in fact not defined as a member category.

Per ‘definitions’ in the Constitution: "Member Body" means a Full Member or an Associate Member as set out in clause 7 and clause 9 of this Constitution. This definition specifically

NCC Annual Conference 2019 page 44 excludes Corresponding Bodies, which therefore are also not eligible for our members’ insurance scheme.

A Corresponding Body is further defined under Clause 11 (a), as: A body or society or association which does not wish to become either a Full or an Associate Member of the Council but wishes to maintain liaison with it and through it with other bodies, may become a Corresponding Body.

Corresponding Bodies do receive the NCC member eNews and are allowed to send observers to our Annual Conference. They are also required to pay an annual ‘membership’ fee – the current Corresponding Body rate is $115 per year, which has until recently, been equal to the minimum Full Member fee, currently $90 per year.

The category of Corresponding Body harks back to pre-personal computer times, and has been an option for groups which didn’t want to commit to membership, but wanted to stay in touch and be informed of our activities. The vast increase in the Internet and other forms of electronic communication has since rendered this category more or less superfluous.

There are only three (3) remaining Corresponding Bodies at present:  Clarence Environment Centre;  Curl Curl Lagoon Friends Inc.; and  ECCO (Environmentally Concerned Citizens of Orange)

The Executive recommends that these groups be contacted as soon as possible to advise them of the proposed motion, and be strongly urged to remain with us as Member Groups, by swapping to either the Full or Associate category.

Motion 2019/G2 Better define membership categories Submitted by the Executive

THAT the Nature Conservation Council of NSW endorse the following proposed changes to membership category definitions within its Constitution:

MEMBERSHIP Clause 6 (a) Membership of the Council shall be open to any society, body, or association, or group which is interested in or deals with the conservation of nature, and natural resources the protection of the environment and the attainment of an ecologically sustainable society, and subscribes to the Council's aims and objects, and agrees to be bound by this Constitution either as a Full or Associate Member as hereinafter provided for.

ASSOCIATE MEMBER Clause 9 (a) A body group which would be eligible for Full Membership but does not seek such membership, or one which does not have the conservation of nature, the protection of the environment and the attainment of an ecologically sustainable society, as its a primary interest, although supporting the aims and objects of the Council, may be admitted as an Associate Member.

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(N.B. the term ‘natural resources’ is recommended for removal from Clause 6, as it can also mean or be interpreted to mean fossil fuels and the like.)

BACKGROUND: Parts (a) and (b) of last year’s Annual Conference Motion 2018/H5 (Review of membership categories), are closely interrelated:  ensuring that full membership is only open to societies, bodies or associations which are closely associated with the NCC’s primary aims and objects; and  clarifying the distinction between Full Members and Associate Members …

The Nature Conservation Council’s objects are defined under Clause 3 of the Constitution: “The prime aims and objects of the Council are the conservation of nature, the protection of the environment and the attainment of an ecologically sustainable society …”

There is a mismatch between the text of this primary object and clauses 6(a) and 9(a) which address both ‘Full’ and ‘Associate’ membership:

The proposed changes are recommended to better align our primary object with our membership clauses. The current mismatch also causes issues of interpretation in relation to our member approval process. Adding the definition “the conservation of nature, the protection of the environment and the attainment of an ecologically sustainable society” to both clauses will add clarity to this process, and better reflect the diversity of groups that are currently members and who have joined us over many decades, as well as in the recent past.

Motion 2019/G3 Insert opening words into clause 19(b)(iv) to correct 2018 amendments regarding nomination to the Executive Submitted by the Executive

THAT the Nature Conservation Council of NSW amend clause 19(b)(iv) by inserting the following underlined opening words:

19. … (b) … (iv) Nominations must include endorsement by their member body as required by (ii) and may include a written statement of not more than 200 words. The Chairperson of the Council or the Chairperson’s delegate shall distribute forms received under (ii) to member bodies 21 days prior to the first day of the Conference; and

BACKGROUND: The amendments to clause 19(b)(iv) are proposed by the NCC Executive following the amendments made to the clause by the Annual Conference on 20 October 2018 which were incomplete. These opening words reinforce the requirement in clause 19(b)(ii), and also the longstanding practice of the NCC to ask executive nominees to include 200 word statement in their nomination.

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Motion 2019/G4 Amend clause 22(e): disqualification of Executive members by reason of incapacity Submitted by the Executive

THAT the Nature Conservation Council of NSW (NCC) remove clause 22(e) and replace it with:

22. … (e) Becomes a mentally ill or incapable person within the meaning of the Mental Health Act 1958. By reason of a disability is totally or partially incapable of managing his or her person, and is under guardianship within the meaning of the Guardianship Act 1987 (NSW).

BACKGROUND: The amendment to clause 22(e) is proposed by the Executive to update an outdated reference to the Mental Health Act 1958, and to ensure that disqualification does not occur on improper grounds, but only occurs in the event that an individual is suffering from a mental illness of such a serious nature that they are incapacitated from meeting their responsibilities as a member of the Executive.

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H. URGENT & LATE MOTIONS

Urgent Motion 2019/1 Wildlife rescue and recovery following catastrophic disasters Submitted by the North Coast Environment Council Inc.

Seconded: Mark Ambrose CARRIED (Sonja Elwood, NSW Wildlife Council, abstained)

THAT the Nature Conservation Council of NSW write to the Environment Minister, Emergency Services Minister, NSW Premier and Federal Environment Minister urging State and Commonwealth Governments to work jointly to urgently form an expert panel to develop a strategy and protocols for prompt action to rescue and care for native wildlife following catastrophic disaster, with particularly emphasis on Threatened Species as a priority, noting that:

 the expert panel representation should include wildlife carers, conservation ecologists, veterinarian experts, RFS, SES and other relevant bodies; and

 one outcome of the panel’s deliberations must be the formation of a well- resourced and experienced rapid response team to work with local care groups (where possible), to promptly provide rescue, care and ongoing welfare to animals as required, until recovery of habitats has occurred.

BACKGROUND: The current, ongoing bushfire disaster in Northern NSW has highlighted a lack of care or planning for the impact of extensive fire on our precious native biodiversity, Nationally as well as State listed threatened species and their critical habitats including World Heritage areas. Extensive areas of Koala Hubs identified by NSW OEH have been severely impacted, yet some two weeks since the fires tore through these forest areas there has been no effort by the NSW or Federal Governments to assess the impact or assist in the recovery of displaced and starving animals. Both State and Federal Governments have responsibilities under Threatened Species legislation. Volunteer organisations are not allowed to enter areas until deemed safe. This can take many weeks. Additionally volunteers are under-resourced for the scale and ongoing costs of the tasks required.

The occurrence of wildfires is expected to worsen into the future as a result of global heating so it is essential that a strategy be urgently developed and properly resourced to address the issue of wildlife rescue and rehabilitation following natural disasters.

The Federal Minister for Natural Disaster and Emergency Management, David Littleproud, recently announced the Emergency Response Fund will allocate $6.6 billion over the next ten years to rebuild communities after catastrophic disasters. Some of this funding should be directed to the recovery of biological communities.

In terms of international obligations, under the Convention on Biological Diversity (CBD) "Article 14 - Each Contracting Party, as far as possible and as appropriate, shall: (e) Promote national arrangements for emergency responses to activities or events, whether caused naturally or otherwise, which present a grave and imminent danger to biological diversity and encourage international cooperation to supplement such national efforts and, where

NCC Annual Conference 2019 page 48 appropriate and agreed by the States or regional economic integration organizations concerned, to establish joint contingency plans."

PROPOSED ACTION: NCC to write letters as per the motion.

Urgency Motion 2019/2 Conservation of former Scout land at Spring Gully, Bundeena Submitted by the Sutherland Shire Environment Centre Inc.

Urgency: work has recently commenced on the access trail, and there are indications that further work is imminent – originally submitted as separate motions, all were considered together.

Seconded: Brian Everingham CARRIED

THAT the Nature Conservation Council of NSW: a) call on the NSW Government to adopt the recommendation of Sutherland Shire Council and acquire the former Scout land, Spring Gully, Bundeena for addition to the Royal National Park.

b) call on the Minister for the Environment to cancel the access licence via the Royal National Park and halt the proposed upgrade of an existing fire/ management trail to the proposed development of the former Scout land at Bundeena; and

c) call on the NSW Government and Sutherland Shire Council to resume the stalled process of ensuring that the unmade paper roads at Spring Gully remain conserved as natural bushland and wetland, through the cancelation of their legal status as roadway, and their addition into the boundaries of the Royal National Park.

BACKGROUND (a): The proposed clearing of over 400 trees from this land is imminent! Spring Gully – 5.6 hectares of pristine gully forest and wetland at Bundeena which originally belonged to the Scouts and was offered to the NPWS for acquisition in 2011. In 2013 the NPWS approved its purchase for addition to the Royal National Park.

The land was instead purchased by the current owner who is proposing to clear over four hundred trees, of which at least fifty-five are significant hollow bearing trees, within known Eastern pygmy possum habitat, to construct a residential dwelling and six safari tents for twelve tourists.

The NSW Office of Environment and Heritage stated “Spring Gully contains a rich mosaic of endangered ecological communities listed under the Threatened Species Conservation Act”. Professor David Keith, University of New South Wales, has advised that the proposed development, including the proposed access road upgrade through the Royal National Park, poses direct impacts to the critically endangered Eastern Suburbs Banksia Scrub EEC and indirect impacts on Bangalay Sand Forest EEC, Sydney Freshwater Wetland EEC, Swamp

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Sclerophyll Forest EEC, Coastal Upland Swamp EEC and Eastern Suburbs Banksia Scrub EEC. Professor Keith describes the local occurrence of Eastern Suburbs Banksia Scrub on this land as significant.

PROPOSED ACTION: NCC to write to the NSW Minister for the Environment and the NSW Minister for Planning seeking the NSW Government to take all action necessary to halt the proposed clearing of the former Scout land at Spring Gully for development and for its conservation through acquisition and addition to the Royal National Park.

BACKGROUND (b): The proposed construction of this road in a critically endangered ecological community is imminent! We ask that the NSW Government take urgent action to protect both this land and the adjoining Royal National Park and that the Minister for the Environment cancels the access license through the Royal National Park granted by the previous Minister noting that significant impacts from the proposed road construction work have not yet arisen.

PROPOSED ACTION: NCC to write to the NSW Minister for the Environment calling on the minister to cancel the access license through the Royal National Park to the proposed Bundeena Coast Eco-Lodge on the former Scout land at Spring Gully, Bundeena noting the likely unacceptable environmental impacts both direct and indirect that will arise from the upgrade and use of the proposed roadway.

BACKGROUND (c): The proposed clearing of part of this land is imminent! This process has stalled despite former Environment Minister Rob Stokes directing the NPWS to resolve the matter quickly in 2015. Part of this land is proposed to be cleared for use by the proposed Bundeena Coast Eco-Lodge.

PROPOSED ACTION: NCC to write to the NSW Minister for the Environment, the NSW Minister for Planning and the Mayor of Sutherland Shire Council calling on the NSW Government and Sutherland Shire Council to recommence the stalled process of acquiring and conserving the unmade paper roads at Spring Gully, Bundeena, cancelling their status as road and bring them into the boundaries of the Royal National Park.

Urgent Motion 2019/3 Halt Snowy 2.0 Submitted by the National Parks Association of NSW Inc.

Urgency: The project’s main works EIS came out in late September and revealed a much larger extent of environment impact than had been expected – comments on the EIS close on November 6.

Seconded: Rob Pallin CARRIED

THAT the Nature Conservation Council of NSW call for Snowy 2.0 to be halted pending:

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a) the outcome of a full environmental impact assessment that includes the transmission impacts; and

b) an independent review of the claimed benefits and costs relative to feasible alternative energy storage solutions.

BACKGROUND: The Snowy 2.0 Project was announced by Prime Minister Turnbull in March 2017 at a then estimated cost of $2 billion. The government approved the business case in February 2019 with a cost estimate of $3.8 - $4.5 billion. In the same month a contract for part of the works was signed at a cost of $5.1 billion. The EIS for the main works was released in late September 2019. The EIS for the transmission lines has not been released yet.

The National Parks Association of NSW (NPA) has conducted detailed research on Snowy 2.0. While NPA fully supports renewable energy and the associated need for electricity storage, they have concluded that the project does not stack up economically, environmentally, or as a renewable energy project.

Some key findings from their research include:  The full cost of Snowy 2.0 is likely to be closer to $10 billion (including transmission) - not the $3.8-$4.5 billion claimed by Snowy Hydro and Commonwealth Minister Angus Taylor.

 The renewable energy benefits of Snowy 2.0 have been overstated by Snowy Hydro. For the next decade or so, most of the pumping electricity for Snowy 2.0 will come from coal-fired power stations, not renewables. Additionally, its practical capacity is likely to be much lower than the claimed 350GWh.

 The project would inflict immense and permanent damage to Kosciuszko National Park through vegetation clearance, earthworks, dumping of vast quantities of fill (some containing asbestos) and the disruption of water-dependent ecosystems. The total impacted area will exceed 10,000 ha, including nearly 1,000 ha of irreplaceable threatened species habitat.

 There are better alternatives. Many other pumped hydro storage opportunities have been identified throughout NSW, with a combined capacity of 29,000 GWh, considerably greater than Snowy 2.0, not to mention batteries and load shedding.

The links to the NPA fact sheet and full report are: https://npansw.org/wp-content/uploads/2019/10/SNOWY-2.0-fact-sheet-FINAL.pdf https://npansw.org/wp-content/uploads/2019/10/191014-Snowy-2.0-doesnt-stack-up- FINAL.pd

NPA’s findings are backed up by the economic analysis of Dr Bruce Mountain of the Victoria Energy Policy Centre. Remarkably, a Snowy Hydro report published on their website predicts

NCC Annual Conference 2019 page 51 that Snowy 2.0 will actually push electricity prices higher, not lower as repeatedly claimed by Snowy Hydro.

There are clear grounds to disallow the project on its on environmental impact alone.

PROPOSED ACTION: NCC to - a) make a submission to the EIS based on the NPA’s environmental impact findings. b) write to the shareholding ministers and the Commonwealth Minister for the Environment as per the motion; and c) write to the NSW Minister for Planning requesting the project be halted until the reviews have taken place.

Urgent Motion 2019/4 Condemn the Commonwealth Government’s stated intention to ban boycotts Submitted by the Colong Foundation for Wilderness Ltd

Urgency: because of yesterday’s announcement by the Prime Minister.

Seconded: Helen Armstrong CARRIED

THAT the Nature Conservation Council of NSW condemn the Commonwealth Government for its stated intention to restrict the right to free speech and protest through secondary boycotts.

NCC notes this is an attack on free speech and free association, and an expansion of Executive power that threatens the liberties of us all, and further notes, with concern that this is occurring without the protections of a Bill of Rights.

NCC also expresses its concern that such a move is happening to shore up industries that are making action to deal with the human-induced climate and biodiversity crisis less likely.

ACTION: NCC to write letters as per the motion.

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Urgent Motion 2019/5 Parliamentary Inquiry into National Trust actions in regard to Wirrimbirra Sanctuary Submitted by David G Stead Memorial Wild Life Research Foundation of Australia

Urgency: On October 11, the National Trust served an eviction notice on the Stead Foundation who are required to close by the end of the parliamentary year.

Seconded: Janine Kitson CARRIED

THAT the Nature Conservation Council of NSW urgently call on the NSW Attorney General to implement a Parliamentary Inquiry into the National Trust of Australia (NSW), governed by the National Trust of Australia (NSW) Act 1990, regarding their administration, governance and responsibilities for bequests, gifts and contractual obligations related to Wirrimbirra Sanctuary and the David G. Stead Memorial Wild Life Research Foundation of Australia.

THAT the Nature Conservation Council of NSW attempt to facilitate the various parties to a suitable outcome.

BACKGROUND: The legacy of the Wirrimbirra Sanctuary reflects the conservation, cultural, historical, heritage and memorial values of David G. Stead, Dr Thistle Y. Stead (nee Harris), Allen Strom, Marie Byles, Milo Dunphy and other significant former and founding members of the:  pioneer NSW environment movement;  environmental education in NSW; and  the Nature Conservation Council, and NCC member groups including David G. Stead Memorial Wild Life Research Foundation of Australia, Australian Wildlife Society, Colong Foundation for Wilderness, and many others.

PROPOSED ACTION: NCC to write letters as per the motion.

Late Motion 2019/1 Sydney Turpentine Iron Bark Forest Submitted by the Ryde Hunters Hill Flora & Fauna Preservation Society Inc.

Seconded: David Stead CARRIED

THAT the Nature Conservation Council of NSW, noting the proposed redevelopment of the Ivanhoe Estate at Macquarie Park and the impact this will have on Sydney Turpentine and Iron Bark Forest (STIF) which is present on the site, call on the NSW Government to fully protect all critically endangered ecological communities on land under their control, without recourse to biodiversity offsets.

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BACKGROUND: A proposed redevelopment of the Ivanhoe Estate at Macquarie Park will impact Sydney Turpentine and Iron Bark Forest (STIF) which is present on the site. Biodiversity offsets are the current remedy in respect of development impacts on Sydney Turpentine and Iron Bark Forest.

The Ivanhoe estate land is held by the NSW Government, and the redevelopment is their initiative. The Government is the ultimate decision-maker and has the responsibility and the ability to fully protect critically endangered ecological communities at this location, without recourse to biodiversity offsets.

Ivanhoe Estate is located on Epping Road between Herring Road and Shrimptons Creek at Macquarie Park. At the moment there are 259 social housing dwellings in the locality comprising a mix of townhouse and four-storey apartment buildings set around a cul-de-sac street layout.

It has been that way for 25 years or more, but the new proposal provides for 3,500 dwellings, basement car parking; a high school, child care centres, community and retail uses; and maximum building heights ranging from 45m to 75m (20 storeys). This is clearly overdevelopment of the site.

Of particular concern is the proposal to remove more than 800 trees from the site including remnant Sydney Turpentine and Iron Bark Forest. The reason for this removal is the footprint for the basement parking which means that most of the site will be excavated.

STIF is classified as endangered ecological community under NSW State and Commonwealth legislation. Currently only 0.5 percent of the original Sydney Turpentine and on Bark forest remains and every effort should be made to retain existing remnants.

The Master Plan for the site treats the loss of the STIF as unavoidable and proposes biodiversity offsets in accordance with the NSW Biodiversity Offsets Policy for Major Projects. These offsets are not acceptable because they do not add to the overall level of STIF. They rely on another STIF remnant being identified, that is not currently protected by zoning or legal agreement and making that site subject to such protections.

Although the Master Plan relies on offsets for the loss of the STIF, the Biodiversity Offset Strategy has no information about the location of an offset site or timelines for implementing the offsets.

The destruction of Sydney Turpentine and Iron Bark Forest can be avoided by changing the Master Plan. This should be the first priority and must be done. There is ample opportunity to scale back the development and protect the STIF, while providing an increase in the number of dwellings.

PROPOSED ACTION: NCC to write letters as per the motion.

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