PO BOX 505E EARLVILLE QLD 4870 P: 07 4033 2454 F: 07 4033 5810 E:[email protected] W: www.cairnsnaturalspringwater.com.au To the Director, Queensland Section | Environment Assessment Branch Department of Sustainability, Environment, Water, Population and Communities GPO Box 787 Canberra ACT 2601 Attention: Ms Alana Hazel Dear Alana, Request for Preliminary Documentation, Cairns Natural Spring Water, Commercial Development, Maconachie Street, East Woree, Cairns. EPBC Ref: 2008/4338 of 13 September 2010 refers. As requested, please find attached documents as follows: 1. Cover letter 2. Part 1. Original Referral and associated information submitted to the department; 3. Part 2. Request for Preliminary Documentation letter (13.09.10); and 4. Part 3. Response to Request for Preliminary Documentation letter (13.09.10) including attachments Regards, Stephen Sercombe ‐ Director 18 August 2012 CAIRNS NATURAL SPRING WATER INCORPORATING CHAMPION ORGANIC SPRING WATER & CHAMPION COOLING & FILTRATION Request for Preliminary Documentation, Cairns Natural Spring Water, Commercial Development, Maconachie Street, East Woree, Cairns. EPBC Ref: 2008/4338 of 13 September 2010 refers. Cover letter The attached documents detail our response to the above request. The extensive chronology of information exchange between Federal and State government agencies since our original referral on 23 June 2008 is well summarized in previous reports to DEWHA/ SEWPaC. There are, nonetheless, several key historical factors to consider when viewing this response: Sequential surveys by different observers clearly confused the conservation status of Lot 52 Woree. Although this status is now largely resolved, the process has been at considerable financial cost to CNSW, that in hindsight, may have been largely avoided. Lot 52 Woree originally contained two plant species listed as ‘Vulnerable’ under the EPBC Act, namely the Hair sedge Eleocharis retroflexa and the Ant Plant Myrmecodia beccarii, both requiring appropriate translocation procedures and biodiversity offsets. While both species were recorded in limited numbers in Lot 52, the forested habitat identified by the Cairns Regional Council botanist and two consulting ecologists was considered abnormal for the sedge. This view subsequently proved correct as the 50 infertile individuals originally identified by DERM in 24/5/10 were progressively reduced to zero by 2/8/12 due to increased tree cover. In order to satisfy the EPBC control requirement, source material had to be obtained outside Lot 52 from an adjacent Council road verge with an estimated sedge population of more than 315,000 individuals in 54 m2. CNSW nonetheless completed a highly successful translocation experiment of both the Ant Plant and the sedge, acquiring in the process, new and significant ecological information about the latter. Despite setbacks encountered previously in the preliminary documentation, it should be noted that CNSW has at every stage endeavoured to comply with the EPBC control requirements. DEHP (Cairns) has informed us they will assist with publication display of the Preliminary Documentation once approved. We trust the attached documentation will lead to a rapid and positive conclusion. Stephen Sercombe ‐ Director 18 August 2012 CAIRNS NATURAL SPRING WATER INCORPORATING CHAMPION ORGANIC SPRING WATER & CHAMPION COOLING & FILTRATION Acronyms ANBG Australian National Botanic Gardens, Canberra ANU Australian National University ATH Australian Tropical Herbarium CBG Cairns Botanic Gardens CBM Center for Biodiversity Management CNSW Cairns Natural Spring Water CRC Cairns Regional Council CSIRO Commonwealth Scientific and Industrial Organization DEHP Department of Environment and Heritage Protection DERM Department of Environment and Resource Management (Qld) DEWHA Department of Environment, Water, Heritage and the Arts, Canberra EPBC Environment Protection and Biodiversity Conservation Act 1999 NCA Nature Conservation Act 1994 NP National Park QPWS Queensland Parks and Wildlife Service RPS RPS Group Plc SEWPaC Department of Sustainability, Environment, Water, Population and Communities UNE University of New England VMA Vegetation Management Act 1999 (Qld) Contents Part 1. Original referral and additional information. Part 2. Request for Preliminary Documentation Cairns Natural Spring Water, Commercial Development, Maconachie Street, East Woree, Cairns (EPBC 2008/4338). Part 3. Response to Request for Preliminary Documentation Cairns Natural Spring Water, Commercial Development, Maconachie Street, East Woree, Cairns (EPBC 2008/4338). CAIRNS NATURAL SPRING WATER INCORPORATING CHAMPION ORGANIC SPRING WATER & CHAMPION COOLING & FILTRATION Part One Original referral and additional information 1. Original referral The original referral (Ref: EPBC 2008/4338, 23/June/2008) is attached as Annex I 2. Chronology of key events following original referral Only key events are listed here (Table 1.1). A more extensive chronology prior to February 2012 is summarized in previous reports. This does not include additional information from DEWHA acquired through freedom of information. Table 1.1 Chronology of key events Date Action 7 April 2008 An application for the reconfiguration of a lot for the site was submitted by Conics (a consulting company now known as RPS Group) on behalf of Cairns Natural Spring Water to Cairns Regional Council (CRC). 14 July 2008 Referral dated 23 June 2008 submitted to DEWHA concerning on-site management of Myrmecodia beccarii. (EPBC 2008/4338) 7 Aug. 2008. Advice received from DEWHA that the proposed development did not require a controlled action and that as such no further action was required. 5 Sept. 2008 An Application to Clear Protected Plants under Section 89(1) of the Nature Conservation Act 1992 (NCA) was submitted to QPWS in regard to the relocation of M. beccarii from the site. The application was amended in October 2008 to include Macaranga polyadenia (listed as rare) and Eleocharis retroflexa - two species that had been observed by field staff of DERM and CRC on Lot 52. After the discovery of Eleocharis retroflexa on the site (listed as vulnerable under the EPBC Act), DEWHA confirmed that a separate referral for this species was not required to be submitted to the department, and that their original decision (i.e. not a controlled action) stands. The application was amended in October 2008 to include Macaranga polyadenia (listed as rare) and Eleocharis retroflexa - two species that had been observed by a third party as occurring on the site. 13 Oct. 2008 Development approval issued by CRC for the proposed development. 24 May 2009 Inspection report by B. Wannan DERM identified 50 infertile E. retroflexa plants in Lot 52 using stem morphology. Inspection excluded analysis of adjacent roadside area with estimated 20,000 to 25,000 mainly fertile plants referred to in CONICS report (subsequently estimated at >315,000). 1 Date Action 28 August 2009 Letter from CRC offering to arrange tranlocation of E. retroflexa plants if needed, possibly to Catanna conservation area. 5 August 2010 On the basis of DERM report of 24/5/09, advice was received from DEWHA revoking earlier decision that there should be no controlled action and substituting a new decision under Subsection 75(1) and Section 87 of the EPBC Act. The decision stated that the Project would require assessment and approval under the EPBC Act before it can proceed. 13 Sept 2010 Advice received from M. Coleavy DEWHA requesting further information 19 Oct. 2010 Consultant A.N.Gillison appointed by CNSW to undertake targeted ecological survey of E. retroflexa and M. beccarii on Lot 52. 9 Nov. 2010 Updated plant listing for Lot 52 received from R.L. Jago CRC advising that Macaranga polyadenia had been de-listed as Rare by the EPBC. 10 Nov. 2010 Field studies undertaken by CBM at Lot 52 and Eubenangee Swamp NP. 19 Nov 2010 New field studies completed by CBM (A.N. Gillison) at Lot 52 2 Dec 2010 Plant Ecological Assessment of Lot 52 C19830 East Woree by consultant A.N. Gillison. Report (No. 2010.25.11)submitted to DEWHA 14 Jan 2011 Request from DEWHA requesting further information and clarification of Report No. 2010.25.11 27 Sept 2011 Application to DERM for Scientific Purposes permit to undertake translocation of Sedge and Ant Plant 1 Feb 2012 Meeting with SEWPaC, DERM, CRC and CNSW personnel at Lot 52 Woree 23 Feb 2012 Scientific Research Permit issued by DERM to undertake translocation of Eleocharis retroflexa and Myrmecodia beccarii. 18 June 2012 Report to SEWPaC on successful translocation of sedge and Ant plant at CBG 27 July 2012 Advice received from SEWPaC concerning resubmission of Preliminary Documentation 3. Additional figures as a supplement to Annex I Figures 1, 2 provide an outline of Lot 52 Woree within the context of a surrounding industrial complex. 2 3. Fig. 1 Outline of Lot 52 Woree (in red box) within industrial area showing subdivisions. 3 M Fig. 2 Satellite (2010) view of Lot 52 in upper section showing swamp forest remnant and similar vegetation type within the Cairns Golf Club in the foreground. Red striped ellipses indicate dense swards of Eleocharis retroflexa. Arrows indicate a potential and continuing source of runoff contaminants from adjacent commercial stockpiles of organic mulch. Red dots and lines indicate survey transects T1, T2 (for survey report see CNSW 2010 and CONICS 2009). Letter M in red circle indicates potential mangrove biodiversity offset and translocation site for Ant Plants removed from Lot