3813 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 100 Friday, 13 August 2010 Published under authority by Government Advertising LEGISLATION Online notification of the making of statutory instruments Week beginning 2 August 2010 THE following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated: Regulations and other statutory instruments Biofuels Amendment (Primary Wholesalers) Regulation 2010 (2010-405) – published LW 6 August 2010 Children (Community Service Orders) Regulation 2010 (2010-406) – published LW 6 August 2010 Consumer, Trader and Tenancy Tribunal Amendment (Commercial Division Fees) Regulation 2010 (2010-407) – published LW 6 August 2010 Crimes (Sentencing Procedure) Amendment (Intensive Correction Orders) Regulation 2010 (2010-408) – published LW 6 August 2010 Crimes (Sentencing Procedure) Regulation 2010 (2010-409) – published LW 6 August 2010 Drug Court Regulation 2010 (2010-410) – published LW 6 August 2010 Fines Regulation 2010 (2010-411) – published LW 6 August 2010 Gambling (Two-up) Regulation 2010 (2010-412) – published LW 6 August 2010 Law Enforcement and National Security (Assumed Identities) Regulation 2010 (2010-413) – published LW 6 August 2010 State Property Authority Amendment Order 2010 (2010-414) – published LW 6 August 2010 Stock (Chemical Residues) Regulation 2010 (2010-415) – published LW 6 August 2010 Summary Offences Regulation 2010 (2010-416) – published LW 6 August 2010 Environmental Planning Instruments Bellingen Local Environmental Plan 2010 (2010-418) – published LW 6 August 2010 Hastings Local Environmental Plan 2001 (Amendment No. 70) (2010-419) – published LW 6 August 2010 Rockdale Local Environmental Plan 2000 (Amendment No. 49) (2010-420) – published LW 6 August 2010 State Environmental Planning Policy (Major Development) Amendment (Channel 7) 2010 (2010-417) – published LW 6 August 2010 Sydney Local Environmental Plan 2005 (Amendment No. 4) (2010-421) – published LW 6 August 2010 Young Local Environmental Plan 2010 (2010-404) – published LW 2 August 2010 3814 LEGISLATION 13 August 2010 Other Legislation New South Wales Notice of Final Determination under the Threatened Species Conservation Act 1995 The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the ecological community referred to in paragraph (a) as a critically endangered ecological community under that Act and, as a consequence, to omit a reference to that ecological community as an endangered ecological community and, accordingly: (a) Schedule 1A to that Act is amended by inserting in Part 2 in alphabetical order: Lagunaria Swamp Forest on Lord Howe Island (as described in the final determination of the Scientific Community to list the ecological community) (b) Schedule 1 to that Act is amended by omitting from Part 3: Lagunaria Swamp Forest on Lord Howe Island (as described in the final determination of the Scientific Community to list the ecological community) This Notice commences on the day on which it is published in the Gazette. Dated, this 2nd day day of of August 2010. 2010. Dr Richard Major Chairperson of the Scientific Committee Copies of final determination and reasons Copies of the final determination and the reasons for it are available to members of the public (free of charge) as follows: (a) on the Internet at www.environment.nsw.gov.au, s2010-277-04.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 100 s2010-277-04/d04/s2010-277EXN.fm 21/7/10, 03:56 pm 13 August 2010 LEGISLATION 3815 Notice of Final Determination (b) by contacting the Scientific Committee Unit, by post C/- Department of Environment, Climate Change and Water, PO Box 1967, Hurstville BC, 1481, by telephone (02) 9585 6940 or by facsimile (02) 9585 6989, (c) in person at the Department of Environment, Climate Change and Water Information Centre, Level 14, 59–61 Goulburn St, Sydney. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 100 s2010-277-04/d04/s2010-277EXN.fm 21/7/10, 03:56 pm 3816 LEGISLATION 13 August 2010 T HREATENED SPECIES CONSERVATION ACT 1995 Final Determination THE Scientific Committee, established by the Threatened Species Conservation Act, has made a Final Determination to list the Lagunaria Swamp Forest on Lord Howe Island, as a critically endangered ecological community in Part 2 of Schedule 1A of the Act, and as a consequence, to omit reference to Lagunaria Swamp Forest on Lord Howe Island from Part 3 of Schedule 1 (Endangered Ecological Community) of the Act. Listing of Critically Endangered Ecological Communities is provided for by Part 2 of the Act. The Scientific Committee has found that: 1. Lagunaria Swamp Forest on Lord Howe Island was listed as an Endangered Ecological Community under the Threatened Species Conservation Act 1995 in 2003 (NSW Scientific Committee 2003). 2. Lagunaria Swamp Forest on Lord Howe Island is confined to Lord Howe Island in New South Wales. On the island it is restricted to the lowlands area, which has largely been cleared for settlement. The major canopy dominant, Lagunaria patersonia subsp. patersonia is confined to Lord Howe Island and Norfolk Island.Lagunaria patersonia subsp. bracteatus occurs in Queensland. All Lagunaria patersonia plants in mainland New South Wales are introduced. 3. Lagunaria Swamp Forest on Lord Howe Island is a forest 10-15 m tall dominated by Lagunaria patersonia subsp. patersonia (Sallywood), sometimes growing with Hibiscus tileaceus (Kurrajong) and Myoporum insulare (Juniper) (Pickard 1983, Auld and Hutton 2002). Shrubs are generally sparse and may include Aegiceras corniculatum (Mangrove), Cryptocarya triplinervis (Blackbutt) and Celtis conferta subsp. amblyphylla (Cotton-Wood). The groundcover may include Cyperus lucidus (Cutting grass), Commelina cyanea and Hydrocotyle hirta, and is generally sparse where the tree canopy is intact, but may be denser on edges and where the tree canopy has been disturbed. 4. Species that are characteristic of Lagunaria Swamp Forest on Lord Howe Island include: Aegiceras corniculatum Apium prostratum subsp. howense Atriplex prostrata Avicennia marina Celtis conferta subsp. amblyphylla Commelina cyanea Cryptocarya triplinervis Cyperus lucidus Ficus macrophylla subsp. columnaris Flagellaria indica Hibiscus tileaceus Howea forsteriana Hydrocotyle hirta Lagunaria patersonia subsp. patersonia Lobelia anceps Myoporum insulare Ochrosia elliptica Oxalis ‘corniculata’ sens. lat. Parsonsia howeana Sesuvium portulacastrum Sophora howinsula Syzygium fullagarii Triglochin striata Typha domingensis Vigna marina Wollastonia biflora 5. The total species list of the community may be larger than that given above, with many species present at only one or two sites or in very small quantities. The species composition of a site will be influenced by the size of the site, recent rainfall or drought conditions and by its disturbance history. The number of species, and the above ground relative abundance of species may change in response to changes in the disturbance regime. At any one time, above ground individuals of some species may be absent, but the species may be represented below ground in soil seed banks or as dormant structures such as bulbs, corms, rhizomes or rootstocks. The list of species given above is of vascular plant species, the community also includes micro-organisms, fungi, cryptogamic plants and a diverse fauna, both vertebrate and invertebrate. These components of the community are poorly documented. 6. The distribution of the community is restricted on Lord Howe Island to low-lying swampy areas at altitudes below 20 m. This distribution was mapped by Pickard (1983), who estimated that its original distribution may have covered as little as 6 ha, distributed across five restricted locations on the island. The community has undergone a very large reduction in geographical distribution with greater than 95% of the community estimated to have been lost (Pickard 1983, Auld and Hutton 2002). None of the locations are protected within the Lord Howe Island Permanent Park Preserve. Lagunaria Swamp Forest on Lord Howe Island falls entirely within the jurisdiction of the Lord Howe Island Board. Individual plants of Lagunaria patersonia may be scattered through the forests from sea level to about 600 m elevation on Lord Howe Island, but such locations do not form a part of the Lagunaria Swamp Forest on Lord Howe Island community. This very highly restricted distribution is combined with a number of ongoing and potential future threats and is likely to cause a decline in extent over a time span appropriate to the life cycle and habitat characteristics of the ecological community’s component species. 7. Lagunaria Swamp Forest on Lord Howe Island has been seriously depleted by land clearing at all sites of its occurrence. The remaining fragments are only a few square metres in area, and are degraded by edge effects, weed invasion, alteration to water regimes, and from cattle grazing. The community has been completely eliminated from some of its original locations, including an area behind Blinkys Beach, which was cleared in 1975 during construction of the airstrip (Pickard 1983). The remnants are likely to include only a sample of the original flora and at least some appear to be transitional assemblages with other vegetation communities. However, since the initial listing of the community as Endangered in NEW SOUTH WALES GOVERNMENT GAZETTE No. 100 13 August 2010 LEGISLATION 3817 2003