Government Gazette of the State of New South Wales Number 45 Friday, 22 May 2015 The New South Wales Government Gazette is the permanent public record of official notices issued by the New South Wales Government. It also contains local council and other notices and private advertisements. The Gazette is compiled by the Parliamentary Counsel’s Office and published on the NSW legislation website (www.legislation.nsw.gov.au) under the authority of the NSW Government. The website contains a permanent archive of past Gazettes. To submit a notice for gazettal – see Gazette Information. 1185 NSW Government Gazette No 45 of 22 May 2015 Parliament PARLIAMENT ACT OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney 15 May 2015 It is hereby notified, for general information, that His Excellency the Governor, has, in the name and on behalf of Her Majesty, this day assented to the under mentioned Act passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No 2 — An Act to make miscellaneous amendments to certain legislation with respect to courts, tribunals and crimes; and for related purposes. [Courts and Crimes Legislation Amendment Bill] RONDA MILLER Clerk of the Legislative Assembly ACT OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney 18 May 2015 It is hereby notified, for general information, that His Excellency the Governor, has, in the name and on behalf of Her Majesty, this day assented to the under mentioned Act passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No 3 — An Act to amend the Pesticides Act 1999 to make further provision with respect to the licensing of activities involving pesticides, to implement certain nationally agreed reforms and to improve the administration and enforceability of the Act; and to make consequential amendments to certain other legislation. [Pesticides Amendment Bill] RONDA MILLER Clerk of the Legislative Assembly 1186 NSW Government Gazette No 45 of 22 May 2015 Government Notices GOVERNMENT NOTICES Miscellaneous Instruments 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 reference to the ecological community referred to in paragraph (b) as an endangered ecological community and, accordingly: (a) Schedule 1A to that Act is amended by inserting in alphabetical order in Part 2: Agnes Banks Woodland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) (b) Schedule 1 to that Act is amended by omitting the following from Part 3: Agnes Banks Woodland in the Sydney Basin Bioregion (as described in the determination of the Scientific Committee under Division 5 of Part 2) This Notice commences on the day on which it is published in the Gazette. Dated, this 12th day of May 2015. Dr Mark Eldridge 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, (b) by contacting the Scientific Committee Unit, by post C/- Office of Environment and Heritage, PO Box 1967, Hurstville BC NSW 1481, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606, (c) in person at the Office of Environment and Heritage Information Centre, Level 14, 59–61 Goulburn St, Sydney. s2015-097-30.d03 1187 NSW Government Gazette No 45 of 22 May 2015 C:\Docs\si\s2015-097\Working\s2015-097EXN.fm 15/5/15, 02:08 pm Government Notices THREATENED SPECIES CONSERVATION ACT 1995 FINAL DETERMINATION The Scientific Committee, established by the Threatened Species Conservation Act 1995 (the Act), has made a Final Determination under Section 23 of the Act to list the Agnes Banks Woodland in the Sydney Basin Bioregion as a CRITICALLY ENDANGERED ECOLOGICAL COMMUNITY in Part 2 of Schedule 1A of the Act, and as a consequence to omit reference to Agnes Banks Woodland in the Sydney Basin Bioregion from Part 3 of Schedule 1 of the Act. This determination contains the following information: Parts 1 & 2: Section 4 of the Act defines an ecological community as “an assemblage of species occupying a particular area”. These defining features of Agnes Banks Woodland in the Sydney Basin Bioregion are described in Parts 1 and 2 of this Determination, respectively. Part 3: Part 3 of this Determination describes the eligibility for listing of this ecological community in Part 2 of Schedule 1A of the Act according to criteria as prescribed by the Threatened Species Conservation Regulation 2010. Part 4: Part 4 of this Determination provides additional information intended to aid recognition of this community in the field. Part 1. Assemblage of species 1.1 Agnes Banks Woodland in the Sydney Basin Bioregion, hereafter known as Agnes Banks Woodland, is characterised by the assemblage of species listed below. Acacia brownii Imperata cylindrica Acacia bynoeana Isopogon anemonifolius Acacia elongata Kunzea capitata Acacia ulicifolia Lepidosperma longitudinale Amperea xiphoclada Leptocarpus tenax Angophora bakeri Leptospermum polygalifolium Baeckea diosmifolia Leptospermum trinervium Baloskion pallens Lepyrodia scariosa Banksia aemula Leucopogon ericoides Banksia oblongifolia Leucopogon virgatus Banksia serrata Lomandra cylindrica Bossiaea rhombifolia Lomandra glauca Brachyloma daphnoides Melaleuca thymifolia Caleana major Mitrasacme polymorpha Callistemon citrinus Monotoca scoparia Callistemon linearis Olax stricta Cassytha pubescens Persoonia nutans Conospermum taxifolium Philotheca myoporoides Cyathochaeta diandra Philotheca salsolifolia Dianella revoluta Pimelea linifolia Digitaria parviflora Platysace ericoides Dillwynia floribunda Pteridium esculentum Dillwynia glaberrima Ricinocarpos pinifolius Entolasia stricta Schoenus brevifolius Eragrostis brownii Schoenus ericetorum Eucalyptus parramattensis Stylidium graminifolium Eucalyptus sclerophylla Thelymitra aristata Gonocarpus micranthus Trachymene incisa Haemodorum corymbosum Xanthorrhoea minor Hibbertia fasciculata Xyris complanata 1.2 The total species list of the community across all occurrences is likely to be considerably larger than that given above. Due to variation across the range of the community, not all of the above species are present at every site and many sites may also contain species not listed above. Characteristic species may be abundant or rare and comprise only a subset of the complete list of species recorded in known examples of the community. Some characteristic species show a high fidelity (are relatively restricted) to the community, but may also occur in other communities, while others are more typically found in a range of communities. 1188 NSW Government Gazette No 45 of 22 May 2015 Government Notices The number and identity of species recorded at a site is a function of sampling scale and effort. In general, the number of species recorded is likely to increase with the size of the site and there is a greater possibility of recording species that are rare in the landscape. Species presence and relative abundance (dominance) will vary from site to site as a function of environmental factors such as soil properties (chemical composition, texture, depth, drainage), topography, climate and through time as a function of disturbance (eg fire, logging, grazing) and weather (eg flooding, drought, extreme heat or cold). At any one time, above ground individuals of some species may be absent, but the species may be represented below ground in the soil seed bank or as dormant structures such as bulbs, corms, rhizomes, rootstocks or lignotubers. The species listed above are vascular plants, however the community also includes micro-organisms, fungi, crypotgamic plants and a diverse vertebrate and invertebrate fauna. These components of the community are less well documented. Part 2. Particular area occupied by the ecological community 2.1 The assemblage of species listed in Part 1.1 above which characterises the Agnes Banks Woodland occurs within the Sydney Basin Bioregion. This Bioregion is defined by SEWPaC (2012) Interim Biogeographic Regionalisation for Australia, Version 7. Department of Sustainability, Environment, Water, Population and Communities. http://www.environment.gov.au/parks/nrs/science/bioregion-framework/ibra/maps.html 2.2 It is the intent of the Scientific Committee that all occurrences of the ecological community (both recorded and as yet unrecorded, and independent of their condition) that occur within this bioregion be covered by this Determination. Part 3. Eligibility for listing 3.1.1 The extent of occurrence and area of occupancy (AOO) of Agnes Banks Woodland are estimated to be 16 km2. This estimate of AOO is based on four 2 x 2 km grid cells, the scale recommended for assessing AOO by IUCN (2014). The geographic distribution of Agnes Banks Woodland in the Sydney Bioregion is considered to be very highly restricted. 3.1.2 Remnants of Agnes Banks Woodland are threatened with further clearing and sand extraction for rural and rural- residential development; while most of the area that has been cleared was lost prior to 1998, 15 ha were cleared