Submission to: Senate Environment and Communications References Committee Inquiry into Environmental Offsets Marine and Coastal Ecological Communities with Reference to the Planned Toondah Harbour Marina Chris Walker Cleveland, Queensland 4 April 2014 Inquiry into Environmental Offsets Submission about Marine and Coastal Ecological Communities with Reference to the Planned Toondah Harbour Marina Introduction When actions associated with projects such as ports, canal estates and marinas are put forward for consideration under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) it is important to understand how environmental offsets may apply. This submission focuses attention on environmental offsets for actions which have significant residual impacts on marine and/or coastal ecological communities. This is done with reference to a particular case. Planned Toondah Harbour Marina A marina up to 800 berths1 is planned for development at Cleveland on Brisbane’s southern bayside by the Redland City Council and the Queensland Government as part of the Toondah Harbour Priority Development Area (PDA).2 If such a marina project were to proceed it would impact on or destroy up to 50 hectares of marine and coastal ecological communities including mangroves, tidal mudflats and seagrass beds. The area for the planned marina is located in the Moreton Bay Marine Park Habitat Protection Zone.3 It is also part of the internationally significant Moreton Bay Ramsar site. 4 These habitats are protected because of their rich ecologies and because they support species which have conservation requirements. Figure 1 Area of Toondah Harbour PDA defined by Qld Govt Notable examples include the dugong, green turtle and loggerhead turtle which are all regarded as vulnerable or endangered. The development area is also frequented by many migratory shorebirds such as the vulnerable eastern curlew listed in various bilateral conservation agreements between the Australian Government and other countries. 5 For these reasons any development would require rigorous environmental assessments. The planned Toondah Harbour PDA development scheme notes that assessment would be required under Queensland’s Marine Parks Act 2004 and that there may be a requirement for offsets. However, because any development would also impact on matters that may be of national environmental significance, it is likely that assessment under the EPBC Act would also be required. A decision made in accordance with the EPBC Act could either refuse to approve the development or approve the development with environmental offset requirements. 1 The Redland City Council decided on 19 March 2014 to recommend to the Queensland Government that the planned marina’s size be capped at 400 berths. 2 Toondah Harbour PDA Proposed Development Scheme and public notification: http://www.dsdip.qld.gov.au/infrastructure-and-planning/toondah-harbour.html 3 Map of Moreton Bay Marine Park March 2009: http://www.nprsr.qld.gov.au/parks/moreton-bay/zoning/pdf/map3-zoningplus.pdf 4 Australian Government, Department of the Environment, Moreton Bay Ramsar site, Overview: http://www.environment.gov.au/cgi-bin/wetlands/ramsardetails.pl?refcode=41 5 Australian Government, Department of the Environment, Bilateral migratory bird agreements: http://www.environment.gov.au/node/14280 1 Inquiry into Environmental Offsets Submission about Marine and Coastal Ecological Communities with Reference to the Planned Toondah Harbour Marina EPBC Offsets for Marine and Coastal Conservation Matters This begs the question of how to determine suitable environmental offsets for a variety of marine and coastal conservation matters, especially near urban areas suffering many other impacts of development. In the case of a marina or similar project located near an urban area, such as the planned Toondah Harbour marina, some particular issues that should be considered include: The extent that a proposed marina project is part of a process of cumulative impact, following previous port, canal estate and marina projects which have already affected species and ecological communities in the area (Moreton Bay) and with the propensity for other projects to follow which will in time add even more pressure on these conservation matters. The likely consequential “second order” impacts of development including increased boating traffic that would inevitably result from a large marina and the impact that such additional boating activity would have on large species which are the subject of conservation requirements e.g. more dugongs and large turtles suffering boat strikes.6 Increasing recognition of the important role that seagrass plays in marine ecosystems.7 Marine ecosystems are subject to additional adverse impacts from human activities external to the immediate development action e.g. water quality deterioration from agricultural run off 8 The lack of credible scientific evidence that seagrass beds and tidal mudflats can be artificially created in other areas as environmental offsets Figure 2 Site of Planned Marina at Toondah Harbour The increased difficulty of monitoring marine and coastal ecosystems (relative to terrestrial ecosystems) to ascertain if any proposed environmental offset activity is actually achieving its intended conservation objectives Conclusion The principles for offsets set out in the current Commonwealth Government EPBC Act Offsets Policy 9 provide important science based guidance to the determination of environmental offsets in general. However, the Committee should consider the need for more detailed offset requirements that apply to marine and coastal ecological communities which are proposed for impact or destruction. This is particularly the case near urban areas or other areas where there is a propensity for cumulative impact to occur. Finally, if environmental offsets cannot be identified that would achieve an acceptable conservation outcome for impact on a particular marine or coastal ecological community then there should be no relaxation of the offset requirements. The action and its impact should not be approved. 6 Queensland Government Department of National Parks, Recreation, Sport and Racing, “Boat strike impact on turtle and dugong in Moreton Bay”, http://www.nprsr.qld.gov.au/marine-parks/boat-strike-turtle-dugong-mbmp.html 7 National Environmental Law Association “Submission to the Agriculture, Resources and Environment Committee On Environmental Offsets Bill 2014”, Queensland Parliament: https://www.parliament.qld.gov.au/documents/committees/AREC/2014/21-EnvironmentalOffsets/submissions/030-NELA.pdf 8 Ibid 9 Environment Protection and Biodiversity Conservation Act 1999 Environmental Offsets Policy, October 2012, Page 6 http://www.environment.gov.au/system/files/resources/12630bb4-2c10-4c8e-815f-2d7862bf87e7/files/offsets-policy.pdf 2 .