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Decision Report Bilateral Agreement Decision Report This report has been prepared to fulfil the requirements of an accredited environmental assessment process between the Commonwealth and State governments, pursuant to a bilateral agreement established under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This report is set out in three parts: Part 1: Application and site details; Part 2: Assessment against matters of national environmental significance (pursuant to the EPBC Act); and Part 3: Assessment against the clearing principles (pursuant to the Environmental Protection Act 1986 (EP Act)). Appeal rights pursuant to section 101A of the EP Act are relevant to this section of the report. Part 1: Application and site details 1. Application details 1.1. Permit application details Permit application No.: 8171/1 Permit type: Purpose Permit EPBC Act reference No.: EPBC 2017/8133 1.2. Proponent details Proponent’s name: Lattice Energy Ltd Posta l a ddres s: PROPONENT_ADDRESS Contac ts: Phone: PROPONENT_PHONE Fax: PROPONENT_FAX E-mail: PROPONENT_EMAIL 1.3. Property details Property: Petroleum Exploration Permit EP320 Local Government Area: Shire of Three Springs and Shire of Irwin Colloquial name: Trieste 3D Seismic Survey 1.4. Application Clearing Area (ha) No. Trees Method of Clearing For the purpose of: 74.539 0 Raised blade mulching, Seismic Survey driving over vegetation, walking over vegetation 1.5. Decision on application Decision on Permit Application: Grant Decision Date: 9 May 2019 Reasons for Decision: The clearing permit application has been assessed against the clearing principles, planning instruments and other matters in accordance with section 51O of the Environmental Protection Act 1986. It has been concluded that the proposed clearing is at variance to Principles (a), (b), (c) and (e), is not likely to be at variance to Principles (g), (h), (i) and (j), and is not at variance to the remaining clearing principles. It is considered that the proposed clearing will result in the following significant residual impacts: Loss of 74.539 hectares of significant foraging habitat for Carnaby’s Black Cockatoo (Calyptorhynchus latirostris). To mitigate the significant environmental impacts identified above, and in accordance with the WA Environmental Offsets Policy 2011 and WA Environmental Offsets Guidelines, prior to undertaking any clearing, the Permit Holder is to provide documentary evidence to the CEO that funding has been transferred to the Department to fund the purchase of 218.46 hectares of native vegetation. The Delegated Officer noted that environmental impacts to Carnaby’s Black Cockatoo breeding habitat and Threatened Flora species have been avoided and minimised through modifications to the application area. The Delegated Officer determined that the proposed clearing may increase the spread of weeds and dieback into adjacent vegetation. To minimise this impact, a condition has been placed on the permit requiring the implementation of weed and dieback management Page 1 measures. To avoid duplication of approval requirements, the Delegated Officer determined not to include a clearing permit condition requiring the applicant to obtain secondary approval for clearing unsurveyed Threatened Flora species. The Delegated Officer also determined not to include a clearing permit condition requiring the applicant to conduct activities in accordance with the Environmental Plan. In determining to grant a clearing permit subject to conditions, the Delegated Officer determined that the proposed clearing is unlikely to have any unacceptable environmental impacts. 2. Site Information 2.1. Existing environment and information 2.1.1. Description of the native vegetation under application Vegetation Description The vegetation of the application area is broadly mapped as the following Beard vegetation associations: 49: Shrublands; mixed heath; 378: Shrublands; scrub-heath with scattered Banksia spp, Eucalyptus todtiana and Xylomelum angustifolium on deep sandy flats in the Geraldton Sandplain Region; and 379: Shrublands; scrub-heath on lateritic sandplain in the central Geraldton Sandplain Region (GIS Database). A targeted Threatened and Priority flora survey was conducted over the application area by Mattiske Consulting (2017) seven times between August and November 2017, with the majority of the survey work conducted in September and October 2017. The following vegetation associations were recorded within the application area (Mattiske, 2017): Open heathland (myrtaceous-proteaceous kwongan, grasstree kwongan and sedge kwongan), sometimes with isolated trees (usually Eucalyptus todtiana (Coastal Blackbutt) and/or Xylomelum angustifolium (Sandplain Woody Pear). Also encountered in the survey area were open woodlands (Eucalyptus accedens (Powderbark Wandoo) and Eucalyptus arachnaea subsp. arachnaea (Black-stemmed Mallee)) and open shrublands (either dominated by Banksia hookeriana (Hooker’s Banksia) and Banksia attenuata (Slender Banksia), or Allocasuarina campestris, or Banksia scabrella (P4 – Burma Road Banksia) and Banksia leptophylla, often over open heathland or sedgeland (Mesomelaena spp.). Clearing Description Trieste 3D Seismic Survey. Lattice Energy Ltd proposes to clear up to 74.539 hectares of native vegetation within a boundary of approximately 86.89 hectares, for the purpose of a 3D seismic survey The project is located approximately 42 kilometres west of the town of Three Springs, within the Shire of Three Springs and Shire of Irwin. Vegetation Condition Pristine: No obvious signs of disturbance (Keighery, 1994); to: Excellent: Vegetation structure intact; disturbance affecting individual species, weeds non-aggressive (Keighery, 1994). Comment The vegetation description and condition was determined from a flora survey by Mattiske Consulting (Mattiske, 2017). Part 2: Assessment against matters of national environmental significance 3. Assessment of application against Matters of National Environmental Significance Background Comments Lattice Energy Ltd propose to clear 74.539 hectares of native vegetation within Exploration Permit EP320, for the purpose of a 3D seismic survey. The application area is located 42 kilometres west from Three Springs, in the Shire of Three Springs and Shire of Irwin. The seismic survey proposes to map geological formations within Exploration Permit EP320, and forms a part of the 100 km2 second year exploration commitment for the petroleum exploration permit. The data acquired will be used to map geological formations and assess the potential of these formations to hold gas deposits. The majority of the vegetation within the application area is in a ‘pristine’ condition (Keighery, 1994). A survey of the application area identified one dominant vegetation association: Page 2 Open heathland (myrtaceous-proteaceous kwongan, grasstree kwongan and sedge kwongan), sometimes with isolated trees (usually Eucalyptus todtiana (Coastal Blackbutt) and/or Xylomelum angustifolium (Sandplain Woody Pear). Also encountered in the survey area were open woodlands (Eucalyptus accedens (Powderbark Wandoo) and Eucalyptus arachnaea subsp. arachnaea (Black-stemmed Mallee)) and open shrublands (either dominated by Banksia hookeriana (Hooker’s Banksia) and Banksia attenuata (Slender Banksia)), or Allocasuarina campestris, or Banksia scabrella (P4 – Burma Road Banksia) and Banksia leptophylla, often over open heathland or sedgeland (Mesomelaena spp.) (Mattiske, 2017). Description of controlling provision Comments On 10 April 2018 the application was determined to be a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the following controlling provisions: Listed Threatened Species and Communities (sections 18 and 18A). The controlled action was considered likely to have a significant impact on Carnaby’s Black Cockatoo (Calyptorhynchus latirostris) listed as Endangered under the EPBC Act, and may have a significant impact on the Sandplain Duck Orchid (Paracaleana dixonii) (Endangered under the EPBC Act), Star Sun-orchid (Thelymitra stellata) (Endangered under the EPBC Act) and Yandanooka Mallee (Eucalyptus crispata) (Vulnerable under the EPBC Act). Through the assessment it was identified that all surveyed locations of the Sandplain Duck Orchid (Paracaleana dixonii), Star Sun-orchid (Thelymitra stellata) and Yandanooka Mallee (Eucalyptus crispata) have been avoided and are not within the application area. However the proposed clearing may still have an indirect impact on these species, given that some of the receiver lines are within 10 metres of an individual record (Lattice Energy, 2019) of both the Sandplain Duck Orchid and the Star Sun-Orchid. The two records for the Yandanooka Mallee species are over 90 metres and 1.5 kilometres away from the proposed clearing (Lattice Energy, 2019). Carnaby’s Black Cockatoo Currently, the overall population trend for the Carnaby’s Black Cockatoo is one of decline due to the loss and fragmentation of habitat as a result of clearing of native vegetation (Garnett et al., 2011; Johnstone and Storr, 1998; Saunders, 1990; Saunders and Ingram, 1998) Carnaby’s Black Cockatoo is endemic to the south-west of Western Australia. Breeding takes place between late July and December and occurs mostly in the inland wheatbelt region of its distribution, in areas receiving between 300 and 750 millimetres of annual average rainfall (Saunders, 1974). During the non-breeding season (January to July) the majority of the birds
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