Roe Highway Extension Compliance Report 5 December 2018 – 4 December 2019 (EPBC 2009/5031)
Total Page:16
File Type:pdf, Size:1020Kb
Roe Highway Extension Compliance Report 5 December 2018 – 4 December 2019 (EPBC 2009/5031) Printed copies are uncontrolled unless marked D20#162260 otherwise. Refer to Main Roads for current 26 February 2020 version. ROE HIGHWAY EXTENSION COMPLIANCE REPORT (EPBC 2009/5031) 5 December 2018 – 4 December 2019 Document Approval Reviewed Recommended Approved Rev. Date Prepared By by by by A 05/02/2020 L Fisher L Kirchner J Shaw Signature: B 15/02/2020 L Kirchner J Shaw 0 03/03/2020 J Braid J Shaw Amendments Section Revision Revision Description of Key Changes / Page Number Date No. Final for Issue - Updated as per Main roads WA 0 03/03/2020 comments 1 Document No: D19#136424 ROE HIGHWAY EXTENSION COMPLIANCE REPORT (EPBC 2009/5031) 5 December 2018 – 4 December 2019 Acronyms/Abbreviations Acronym Meaning BR8 Building Roe 8 CAR Compliance Assessment Report DBCA Department of Biodiversity Conservation and Attractions the Department Commonwealth Department of the Environment and Energy DPaW Department of Parks and Wildlife EP Act Western Australian Environmental Protection Act 1986 EPA Environmental Protection Authority EPBC Act Environment Protection and Biodiversity Conservation Act 1999 MAC Murdoch Activity Centre Main Roads Main Roads Western Australia MDC Murdoch Drive Connection the Minister The Minister of the Environment MoU Memorandum of Understanding MRIA Metropolitan Road Improvement Alliance MS 1008 Ministerial Statement 1008 PDE Proposal Development Envelope PER Public Environmental Review WA Western Australia 3 Document No: D19#136424 ROE HIGHWAY EXTENSION COMPLIANCE REPORT (EPBC 2009/5031) 5 December 2018 – 4 December 2019 Contents 1 INTRODUCTION ................................................................................................................... 1 1.1 Approval under the Environment Protection and Biodiversity Conservation Act 1999 ............ 1 1.2 Purpose of this Report ........................................................................................................... 1 2 PROGRESS TO DATE .......................................................................................................... 2 3 COMPLIANCE ....................................................................................................................... 3 4 NEW ENVIRONMENTAL RISKS ......................................................................................... 14 5 CONCLUSION ..................................................................................................................... 14 6 APPENDICES ..................................................................................................................... 14 Appendix A: Compliance Assessment Report (2 July 2017 – 1 July 2018) ........................... 15 List of Tables Table 1 EPBC Approval Condition and Compliance Table .............................................................. 3 List of Figures Figure 1 Clearing area to date......................................................................................................... 8 4 Document No: D19#136424 ROE HIGHWAY EXTENSION COMPLIANCE REPORT (EPBC 2009/5031) 5 December 2018 – 4 December 2019 1 INTRODUCTION Main Roads Western Australia (Main Roads) proposed to construct the Roe Highway Extension as part of the Perth Freight Link project. This involved the construction of approximately 5 km of highway extending Roe Highway from its current terminus, at the Kwinana Freeway in Jandakot, to Stock Road in Coolbellup. The design and construction of the Roe Highway Extension was awarded to the Building Roe 8 Alliance (BR8), formed between Main Roads, CPB Contractors, Georgiou Group, WA Limestone, GHD, AECOM and BG&E. On 12 March 2017, the action was paused following the Western Australian State election, halting any further clearing or works other than those required to maintain a secured and safe site. The State Government announced on 8 May 2017 that the eastern end of the action, known as the Murdoch Drive Connection (MDC), would be implemented immediately by the Metropolitan Road Improvement Alliance (MRIA). This portion of the action surrounds the Kwinana Freeway and Roe Highway interchange, continuing towards Bibra Drive, providing a new access into the Murdoch Activity Centre (MAC). Construction and operation of the MDC is fully contained within the approved proposal development envelope (PDE). The proposed extent of the clearing within the PDE has since been updated via a Section 45c, reducing the amount of native vegetation required to be cleared. The Section 45c was requested by Main Roads in line with the State Government’s election commitment. This resulted in an amendment to only connect Roe Highway to Murdoch Drive and not Stock Road. The changes to the proposal have reduced the area of the construction zone to 88.8 ha. The western end of the PDE, a total of 85.8 ha, is now a rehabilitation zone and has been removed from the construction footprint. A Rehabilitation Management Plan is now in place for this zone, with previously cleared areas to be rehabilitated. The action is located approximately 14 km south of Perth within the Swan Coastal Plain Bioregion. The action is largely contained within the City of Cockburn, however, parts of the design extend northward to the City of Melville along Murdoch Drive and the Kwinana Freeway. 1.1 Approval under the Environment Protection and Biodiversity Conservation Act 1999 Roe Highway Extension was assessed by the Commonwealth Department of the Environment and Energy (the Department) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) after it was referred by Main Roads on 22 June 2009, as the action impacts listed threatened species and communities, and listed migratory species. Approval under the EPBC Act was issued on 21 October 2015 with conditions (EPBC 2009/5031). MDC has proceeded in accordance with the conditions in EPBC 2009/5031. 1.2 Purpose of this Report This report has been produced to meet the requirements of Condition 12 of the approval under the EPBC Act. It namely addresses compliance with approval conditions and implementation of any management plans and strategies as specified within the approval. This is the third annual report prepared by MRIA on behalf of Main Roads to fulfil this condition and covers 5 December 2018 to 4 December 2019. 1 Document No: D19#136424 ROE HIGHWAY EXTENSION COMPLIANCE REPORT (EPBC 2009/5031) 5 December 2018 – 4 December 2019 2 PROGRESS TO DATE The action commenced on 5 December 2016, with native vegetation clearing commencing on the 19th of that same month. Construction is well advanced and is likely to be complete in early 2020. The previous Compliance Report noted that 41.63 ha of native vegetation had been cleared for construction. In the current reporting period, an additional 4.59 ha of black cockatoo habitat has been cleared within the PDE, but of this 3.47 ha consists of rehabilitated Banksia Woodland and 1.12 ha of native vegetation. All site remediation activities west of Bibra Drive were completed in 2018 and handed back to the community. 2 Document No: D19#136424 ROE HIGHWAY EXTENSION COMPLIANCE REPORT (EPBC 2009/5031) 5 December 2018 – 4 December 2019 3 COMPLIANCE Table 1 EPBC Approval Condition and Compliance Table Condition Condition Is the action Evidence / Comments Number / compliant with Reference this condition? 1 In order to minimise impacts to threatened species and communities and migratory Compliant No clearing has occurred outside the clearance limits species, the approval holder must adhere to the clearance limits outlined in the WA outlined in in the WA approval condition 1-1. Refer to approval condition 1-1. Figure 1. 2 In order to minimise impacts to threatened species and communities and migratory Compliant All actions have been undertaken in accordance with WA species, the approval holder must undertake the action in accordance with WA approval conditions 7-1 to 7-6 to minimise impacts to approval conditions 7-1 to 7-6. threatened species, communities and migratory species. The latest Compliance Assessment Report (CAR) which assessed the project against the MS 1008 approval conditions was submitted for the 2 July 2018 – 1 July 2019 period, attached in Appendix A. 3 In order to minimise impact to black cockatoos and migratory species outside the Compliant All actions have been undertaken in accordance with WA clearance limits specified in Condition 1, the approval holder must undertake the approval condition 10-1 to minimise impacts to black action in accordance with WA approval condition 10-1. cockatoos and migratory species outside the ’zone of indirect impacts’. This has been done through the implementation of WA approval conditions 10-2 to 10-9. The latest CAR was submitted for the 2 July 2018 – 1 July 2019 period (Appendix A). 3 Document No: D19#136424 ROE HIGHWAY EXTENSION COMPLIANCE REPORT (EPBC 2009/5031) 5 December 2018 – 4 December 2019 Condition Condition Is the action Evidence / Comments Number / compliant with Reference this condition? 4 To avoid and mitigate impacts to black cockatoos, during the breeding season Compliant The potential black cockatoo breeding trees identified (August - December), within 7 days prior to clearing, the approval holder must within the action area were inspected by a suitably ensure all potential nesting trees are investigated to detect the presence of black qualified person prior to clearing. cockatoos using hollows. The investigation must be undertaken by a suitably No black cockatoo