Bowmans Creek Wind Farm

It is disappointing to read that the project is 6km from the Barrington Tops and Mount Royal ranges. By disturbing 515ha so close to such a biologically diverse and important area, it would be impossible not to impact the ecology of this important resource. The Bowman’s Creek Wind Farm Community Consultative Committee has met only three times, begging the question does this meet best practice expectations for community consultation?

I generally support the Project on the basis of:
- the urgent need for zero greenhouse gas renewable energy generation to replace retiring fossil fuel generators,
- the close proximity of the project to existing electricity transmission infrastructure, and
- the economic stimulus and increased diversity of economic activity in the area that would result from the project.

I am aware that there is considerable opposition to the Project, particularly and most relevantly from some Neighbour Landholders and Non-Associated Landholders. Parts of the project area have a beautiful rural character. I trust that:
- these Landholders will put forward their reasonable objections to the proposal to this process,
- that these objections will be considered and
- the proponent will continue to work with these Landholders to provide satisfactory, reasonable and consistent outcomes to all parties.

My greatest concerns with the Project are environmental, as follows -
- risk of WTG blade strike or barotrauma to certain bird and bat species, particularly the Wedge-tailed Eagle which appears to be at greatest risk from the project. A quoted avoidance rate of 90-95% is unacceptably high. I expect that all 'Adaptive Management of Uncertain Impacts' will become conditions of approval for the development, should it be approved, with tight timelines attached to each of the mitigation measures identified, and a requirement for timely future adoption of best-practice mitigation measures.
- clearance of native vegetation, particularly woodland. This should as far as possible be avoided. This includes through additional optimisation of siting or removal of high impact turbines, as well as consideration for additional undergrounding of electrical infrastructure in woodland areas.
- potential for introduction and spread of non-native vegetation (weeds). I expect that specific conditions be applied to ensure weed control and prevent introduction or spread of weeds, as there is already anecdotal evidence of weed spread relating to the Project and ample evidence of weed spread by other infrastructure projects in the area and more broadly.
- impact on native wildlife due to increased speeds on upgraded public roads. I ask that appropriate speed controls be placed on upgraded public roads so as to minimise impact on wildlife. I do not believe that this issue, as opposed to impacts of access tracks, was considered in the Project EIS.
- potential for erosion given the steep gradients of much of the project area. Appropriate consideration and controls must be given to erosion control.

I also request that permanent or long-term contract, rather than short-term contract employment of local persons for ongoing work be a condition of approval of the Project if it is approved.

I am a member of the CCC for the Project.

See attached correspondence.

Muswellbrook Shire Council submission attached

Response attached

Crown Lands has identified the following Crown land located within the project area is proposed to be used or occupied by the Proponent:-

• Lot 352 DP 727683, being Reserve 4741 gazetted on 19 November 1887 for Trigonometrical Purposes (Kangaroo Trig). Section 4.4.8 of the EIS incorrectly describes the reserve number as “R474” and the gazettal date as “19 November 1187”. This parcel is subject to undetermined Aboriginal Land Claim (ALC) 42707 lodged on 19 January 2017 by the Wanaruah Local Aboriginal Land Council. The EIS states that this site will be subject to a road and underground power lines.
• Lot 227 DP 752465, being Reserve 44773 gazetted on 19 January 1910 for Camping and Travelling Stock. This reserve is under the care, control and management of the Hunter Local Land Services (LLS). This parcel is subject to undetermined ALC 42926 lodged on 23 January 2017 by the Wanaruah Local Aboriginal Land Council. Page 81 of the EIS states that “the reserve will not be impacted by access tracks or site access associated with the Project”. However, Figure 26, on Page 82 of the EIS, shows the reserve traversed by both “site access” and “access track”.
• Lot 125 DP 752465 and Lot 7001 DP 93621, being reserve 209 (R1014928) gazetted on 22 May 1886 for Access and Water Supply. This reserve is under the care, control and management of LLS. Lot 125 is subject to undetermined ALC 12518 lodged on 19 December 2016 by the Wanaruah Local Aboriginal Land Council. Lot 7001 is subject to undetermined ALC 42711 lodged on 19 January 2017 by the Wanaruah Local Aboriginal Land Council. Section 4.4.8 of the EIS states that this reserve will be impacted by underground powerlines and an access track.
• Various Crown roads – the EIS states that “although not utilised for the Project, various crown roads will be required to be crossed at various locations. Crown land will be avoided where practical, however, final impacts cannot be determined until detailed design is completed, prior to construction.” Figure 26, on page 82 of the EIS, appears to show that Crown roads will be subject to surface infrastructure, including site access, access track, underground and overhead reticulation, and overhead power lines. The Department considers the impacts need to be addressed before an appropriate assessment can be concluded.
• Crown Waterways – Appendix A lists Crown Watercourses generally within the schedule of lands. Figure 26, on page 82 of the EIS, shows that a Crown waterway, being part Bowmans Creek, will be subject to an underground powerline.
The following issues were identified with “Appendix A" of the EIS:
• Lot 299 DP 752460 is listed as Crown land when a Title search indicates that this parcel is freehold.
• Lot 7001 DP 93620, being Crown reserve 85 (R10014949) for water supply under the care, control and management of the Department, is not listed in Appendix A despite being shown on Figure 26 as Crown land within the project boundary.
• Lot 7002 DP 93619, being reserve 200 for trigonometrical purposes under the care, control and management of the Department, is not listed in Appendix A despite being shown on Figure 26 as Crown land within the project boundary.
The Department is concerned about the statement on page 81 of the EIS that “final impacts (on crown land) cannot be determined until detailed design is completed prior to construction”. The Department is therefore unable to provide substantive comment on potential impacts of the project. We request that the EIS is amended to provide detailed project design and provide the Department with a full assessment of the impacts on the Crown land, roads and waterways. Submission of the assessment for review is required. Ideally the Proponent will provide an ESRI compatible file, e.g. shapefile, showing the location, the detailed project design, including the location of all surface infrastructure.
The Department also requests that the Proponent provides:
• Evidence of concurrence from Hunter Local Land Services as the Crown Land Manager of some of the Crown reserves affected by the proposal.
• Evidence of concurrence from the Wanaruah Local Aboriginal Land Council regarding use of any Crown land subject to Aboriginal Land Claims. More information on Aboriginal Land Claims can be found here https://www.industry.nsw.gov.au/lands/what-we-do/our-work/aboriginal-land-claims
• A native title assessment for use of the affected Crown land noting that the Department cannot deal in land until native title under the Native Title Act 1993 (Cth) has been resolved. The Department cannot endorse dealing in (leasing or licensing) of any Crown parcel that is subject to unresolved native title issues. More information on Native Title and Crown land can be found here https://www.industry.nsw.gov.au/lands/what-we-do/our-work/native-title
• Evidence that the requirements of the Roads Act 1993 have been satisfied. The EIS needs to address approval from Crown Lands as the appropriate roads authority prior to any works within Crown road reserves. The EIS has not appropriately addressed the impacts upon Crown roads. More information regarding the regulation of Crown roads can be found here - https://www.industry.nsw.gov.au/lands/access/roads
Subject to the resolution of the matters raised above, and on the basis that the Proponent continues to liaise with the Department, the Department supports the proposal in principal.
Should you have any further enquiries regarding the above information - please contact Mark Grace, Natural Resources Management Officer, on 02 4937 9331 or [email protected]

The proponent should also engage with the acquisition/easements team in the planning stages of the proposal, once final routes have been surveyed, as it will facilitate more efficient progress of the project. They can be contacted at - [email protected].

SE-19578672 redacted submission attached

Redacted submission attached

SE-19578656 redacted submission attached

Please find attached response from FRNSW

The Department has no issues with the proposal, however our original comments from the SEARs still apply. Ie.
Waterway crossings for all roads and access tracks for the proposal must comply with the principles in "Why do Fish Need to Cross the Road? Fish Passage Requirements for Waterway Crossings."
https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0004/633505/Why-do-fish-need-to-cross-the-road_booklet.pdf

Redacted submission attached.

See attached letter.

SE-19731488 redacted submission attached