Jacfin Warehouse Facility MOD 1 - Offsets

Blacktown & District Environment Group Inc lodged submissions on previous Jacfin proposals in the area of Rope's Creek and sought an ecologically sustainable outcome with those matters.

The matter now proposed with respect to the 7ha biodiversity offset area is somewhat clouded to us because it is not clear what the ultimate intention is and whether what was originally approved will be delivered with no further loss to biodiversity in the 7ha area or will result in a loss of biodiversity elsewhere.

The 7ha biodiversity offset area is, as implied, an offset for loss of biodiversity occurring on the Jacfin land to accommodate a warehouse etc.

Subdividing the parent lot to create a lot comprising only the 7ha biodiversity offset may well have no adverse consequence for the original Dept of Planning (and we suspect also Office of Water) intention for this area.

Nevertheless, it may have an adverse effect here or elsewhere.

The adverse effect may occur if the ensuing biodiversity offset lot is later sold to another party and, without any stipulated environmental constraint and background, the new owner may attempt to undertake adverse activities on the lot or biobank it to attract financial gain through loss of biodiversity elsewhere. This would, in effect, be 'double-dipping' viz., biodiversity lost on the Jacfin parent lot at the outset and the offset for that loss becoming the means to acquire financial gain via biodiversity losses elsewhere.

We do not accuse Jacfin of having this intention but we suggest the scene may be set for oversight or later unscrupulous activity from a later acquirer of the biodiversity offset lot.

We recommend the means to avoid this sorry outcome would be for the Dept of Planning to require, as part of the approval to this recent request of Jacfin, the application of a Permanent Conservation Covenant on the biodiversity offset lot deed title.

It may be that Jacfin, having operational interests outside of biodiversity management, may be preparing for the opportunity later to divest itself of something outside its primary interest. This is understandable. Hanging over the head of Jacfin is the agreed five year management plan for the biodiversity offset lot.

We are aware of responsible community members with biodiversity management concerns and experience considering establishment of a community land trust similar to that of Tasmanian Land Conservancy (and like overseas community land trusts) for the purpose of taking biodiversity offset lots off the hands of development and other interests and managing the land in perpetuity for conservation. It is not Blacktown & District Environment Group Inc. We understand their intention would be to put a Permanent Conservation Covenant on the land deed title and manage the land accordingly.

We have also heard they hope to be operating in the next twelve months. We don't know the name of the proposed entity but we have spoken to some of the key participants.

All that said, the original approval for the Jacfin warehouse proposal required a 7ha biodiversity offset for biodiversity losses elsewhere on the Jacfin land holding. To satisfy ecological sustainability the 7ha biodiversity offset must remain as such and not be used as a means to permit biodiversity losses within the 7ha area or elsewhere at a later date.

The surest means to achieve the originally intended biodiversity outcome is for a Permanent Conservation Covenant to be placed on the lot deed title as part of the proposed Voluntary Planning Agreement and subdivision.

1. Council's only interest in this DA relate to the implementation of the plan of management for the offset. This would be especially the case if Council has any role in certification or approvals? Will Council be expected to have any role in this?

2. If the Department is managing the works, then Council requests that it notified when the works within the offset area commence, and also get copies of any annual reports prepared that document the works conducted including any site monitoring results

3. The only other issue would be the future development of the land within Blacktown that adjoins the proposed Biodiversity Offset Area. Council will need to be advised by the Department the exact area affected by the offset so that it can be fully aware of this when assessing any future DA to develop land adjoining to ensure nil or very low impact to the offset site from any proposal.

For your consideration in the determination of this proposal

I refer to the Department's request for comment regarding the subject modification application.

It is understood that the modification application seeks to transfer the requirement for the 7 hectare biodiversity offset area from the current development consent to a proposed voluntary planning agreement (VPA).

While no objection is raised in relation to the modification application, it is recommended that an appropriate safeguard be maintained in the development consent conditions requiring establishment of the biodiversity offset should the VPA not proceed. Alternatively, the modification application should not be determined until such time that the VPA has been executed.

Thank you for providing Council with the opportunity to comment on this application.

Regards, Robert.

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