Presentation to the Panel Considering the Bald Hills Wind Farm Application for a Planning Permit and Environmental Effects Statement by Andrew Chapman 9 March 2006 Title Presentation to the Panel Considering the Bald Hills Wind Farm Application for a Planning Permit and Environmental Effects Statement Planning Permit Wind Energy Facility TRA/03/002 Application No Native Vegetation Removal 2003/563 Document No. BALD HILL PRESTN Rev. No. 14 Date 9 MARCH 2006 Copy No. Rev. No. 14 9 March 2006 TABLE OF CONTENTS 1. INTRODUCTION 1 1.1 Concerns about Wind Farms Applicable to Bald Hills 2 1.2 References Used for this Submission 2 1.3 The Reserves, Coastal Park, Coastal Wetlands and Farms 2 1.4 Protection of Migratory and Endangered Species 3 1.5 Matters in the EES to be Examined in Relation to Birds 3 1.6 Statements by Brett Lane & Associates Pty Ltd Examined in this Submission 4 1.7 This Submission Addresses and Examines 4 2. THE SITE AND SURROUNDS 5 2.1 Habitats 5 2.2 Birds 5 2.3 Bird Movements 6 3. BIODIVERSTY STUDIES IN THE BALD HILLS AREA 11 4. ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION 12 4.1 Regional Information 13 4.2 District Information 14 4.3 Local Information 15 5. RESPONSE TO ENVIRONMENTAL EFFECTS STATEMENT 16 5.1 Overseas Guidelines Based on Experience 16 5.2 The Australian Experience to Date 16 5.3 Principles to Avoid Adverse Impact on Avifauna 17 6. INADEQUACY OF THE ENVIRONMENTAL EFFECTS STATEMENT 19 6.1 During Construction 19 6.2 The Effect of the Reduction in Turbine Numbers 19 6.3 Bird Impact Assessment in the Environment Effects Statement 20 7. SPECIFIC COMMENT ON SOME BIRDS OF THE AREA 24 7.1 White-bellied Sea-eagle 24 7.2 Swift Parrot 25 7.3 Great Egret (Ardea alba), Intermediate Egret (Ardea intermedia) and Little Egret (Egretta garzetta) 26 7.4 Cattle Egret 27 7.5 Orange-bellied Parrot 27 7.6 Ground Parrot 27 7.7 White-throated Needle-tail 27 7.8 Latham’s Snipe 28 7.9 Short-tailed Shearwater 28 7.10 Waders 28 7.11 Others 29 7.12 EES Attempt to Diminish Conservation Significance of Bald Hills 30 7.13 The Department of Sustainability and Environment Submission of 19 December 2003 30 8. SUMMARY 30 9. CONCLUSION 33 10. RECOMMENDATION 34 Rev. No. 14 9 March 2006 APPENDICES APPENDIX A Reference Documents A.1 FISHERIES AND WILDLIFE DIVISION LETTER TO COUNCIL, 6 SEPT 1982 A.2 LAND CONSERVATION COUNCIL FINAL RECOMMENDATIONS, NOV 1982 A.3 CORRESPONDENCE WITH DSE RE WILDLIFE PROTECTION A.4 EXTRACT FROM US FISH AND WILDLIFE GUIDELINES A.5 EXTRACT FROM COUNCIL OF EUROPE GUIDELINES A.6 LETTER FROM SA DEPARTMENT OF ENVIRONMENT AND HERITAGE 27 OCT 2003 RELEVANT DOCUMENTATION APPENDIX B Bird Lists Bird Atlas Print out for 10 grid over Bald Hills 18/9/2003 Western Port Bird Observers Club 20 July 2003 Parks Victoria Bald Hills Wetland Reserve Bird List September 1999 South Gippsland Conservation Society Bird List Contained in 1980 Report Anderson Inlet Waders and Waterbirds September 1999 Bird Observers Club 1976 Easter Camp at Inverloch Extracts from Reginal and Local Biodiversity studies Flora and Fauna Gaurantee Act - listed species with SG birds and Action Statements noted EPBC Act - listed migratory birdsin South Gippsland JAMBA – with South Gippsland Birbs Noted CAMBA - with South Gippsland Birbs Noted APPENDIX C Newspaper Clippings of: Anderson Inlet Wader and Water Bird Study and Bald Hills Wetlands Project Information Provided on CD Convention on Conservation of Migratory Species CAMBA and list with South Gippsland Birbs Noted JAMBA and list with South Gippsland Birbs Noted EPBC List of Migratory Species EPBC FFG Act Recovery Plans – Orange-bellied and Swift Parrots Fauna Listed under the FFG Act Relevant FFG Act Action Statements Tarwin-Powlett Zone Biodiversity Farm Biodiversity Studies, Jelbart, O’Sullivan and Svenson International Guidelines - US Fish and Wildlife Wind Farm Guidelines - EU Wind Farm Guidelines Photographs of Bald Hills, King’s Flat and District Rev. No. 14 9 March 2006 1. INTRODUCTION My interest in the proposed Bald Hills Wind Farm stems from my involvement, as an engineer at the Shire of Woorayl and member of natural history groups, in the creation of the Bald Hills Wetland and the setting aside of the Bald Hills and King’s Flat Reserves. Relevant Experience I’ve held membership with: • Bird Observers Club of Australia • Royal Australasian Ornithologists Union • Conservation Council of Victoria • South Gippsland Conservation Society • SGCS’ Wader and Raptor Study Groups, both affiliated with RAOU • Natural Environment Incorporated and • The Minister for Conservation Forest and Lands, Conservation Advisory Committee. And • Australian Plant Society – Life Member • National Geographic Society – Life Member In addition to the work on the Bald Hills wetland, from 1979 to 1982 I undertook, along with Dr Peter Dann and David Legg, and a study of the waders and water birds at Anderson Inlet. Professional Experience • Shire of Korumburra - Project Engineer • Shire of Woorayl – Construction Engineer, Senior Design Engineer • Hardcastle & Richards Pty Ltd – Senior Executive Engineer • Dames and Moore (Australia) Pty Ltd – Supervising Engineer • URS Australia Pty Ltd - Principal • Andrew Chapman Consulting Engineer Parks and Reserves When at the Shires of Korumburra and Woorayl, in addition to civil engineering design and construction work, I was responsible for Parks and Gardens. This included maintenance of parks, programs for planting roadsides and streets and a number of park projects. In 1973 I designed the recreated rainforest for Coal Creek Historical Park landscape and trained aboriginals to propagate native plants from seed and cuttings collected from the Strzeleckis and supervised the tree planting. In November 2002 I was appointed by the Portsea-Sorrento community to prepare a master plan for Point Nepean, The Plan for Point Nepean, that reflected the community’s expectations. The recommendations are progressively being adopted. Infrastructure and Land Use Planning Experience I have provided professional engineering services for infrastructure and land use planning projects throughout South Gippsland, Victoria, Australia and South East Asia and served on Planning Panels for 11 years. Rev. No. 14 9 March 2006 Page 1 1.1 CONCERNS ABOUT WIND FARMS APPLICABLE TO BALD HILLS After more than 25 years of observing or studying the wildlife at Inverloch, Anderson Inlet, Bald Hills and Walkerville, I believe the proposed wind farm would have a major detrimental impact on wildlife, in particular waterbirds, raptors and migratory birds, including waders, and bats. Of key concern is that birds and bats would: • suffer fatal injuries from wind turbines as a result of; - poor turbine siting and/or - unforeseen circumstances and • avoid habitat near turbines. And the important conservation Reserves will not be able to fulfil their function and established biodiversity objectives will not be able to be met. 1.2 REFERENCES USED FOR THIS SUBMISSION Some of the material used for the preparation of this presentation includes that in Appendix A. Additional information was obtained through communications with a number of sources. 1.3 THE RESERVES, COASTAL PARK, COASTAL WETLANDS AND FARMS The Bald Hills and King’s Flat Reserves were set aside as a result of investigations and assessments by the Woorayl Shire Council (the planning authority) assisted by the Fisheries and Wildlife Division (the wildlife authority) working with the local community, conservation groups, and field naturalists. The Land Conservation Council (the planning authority for public land in Victoria) Final Recommendations for Gippsland 2, November 1982, specified that these two reserves be set aside for the conservation of flora and fauna. The LCC also recommended that the foreshore between Point Smyth and Cape Liptrap become a Coastal Park because of its many attributes including extensive habitat. The LCC Report, Proposed and Final Recommendations for Gippsland 2 describes the significance of the Anderson, Shallow and Corner Inlet coastal wetlands for water birds and international migratory waders. It also describes the importance of the coastal area habitats for migratory bush birds. Farmlands The LCC recommendations are confined to Crown, or Public, Land. It is however clear that many of the identified functions of the Crown Land would equally apply to suitable habitat on private land. Many farms in the district between Tarwin Lower and Waratah contain large tracts of high quality bushland habitat and permanent water and/or seasonal freshwater meadows. Rev. No. 14 9 March 2006 Page 2 1.4 PROTECTION OF MIGRATORY AND ENDANGERED SPECIES The following treaties are applicable. • Convention on the Conservation of Migratory Species of Wild Animals (abbreviated as the Bonn Convention or CMS) to which Australia is a party. Treaties with Japan and China: • Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment (JAMBA) and • Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment (CAMBA). At the national level; • The Environment Protection and Biodiversity Conservation Act 1999 provides a list of nationally endangered species and migratory species. At the State level; • The Flora and Fauna Guarantee Act 1988 provides a list of endangered species and Action Statements to direct protection measures. • The Wildlife Act 1975 also provides for