Mod 2 - Design Changes

I object to the proposal by the Newcastle Coal Infrastructure Group (NCIG) to construct a rail flyover at the junction of the Kooragang Island Main Line and the existing NCIG rail loop which services their coal export terminal, as part of the development of their "high capacity optional inlet rail spur" also known as the "northern spur line".

Construction of the rail flyover will impact directly on the eastern margin of Swan Pond, a brackish saltmarsh pond that is the third most important site for migratory shorebirds in the Hunter Estuary (Herbert 2007). Swan Pond was acknowledged as significant habitat for shorebirds in the 1970s and 1980s (e.g. Moss 1983), was named in the 1990s and was subject to numerous investigations as part of the Kooragang Wetland Rehabilitation Project. It features on the Ash Island Birding Route, available on the Hunter Bird Observers Club (HBOC) website (www.hboc.org.au) and is visited regularly by numerous local, regional and international birdwatchers. HBOC has been monitoring shorebirds on Swan Pond since April 1999, with data recorded in the Hunter Region Annual Bird Reports (Stuart 2000 to 2011) and also sent to BirdLife Australia's Shorebirds 2020 Project.

Despite the available literature and general knowledge of Swan Pond, NCIG's Environmental Assessment (EA) for this project dismisses the area as "additional land on the west", without acknowledging its name or its importance as shorebird habitat and coastal saltmarsh (an Endangered Ecological Community listed under the NSW Threatened Species Conservation Act 1995).

Nine species of migratory shorebirds use Swan Pond regularly:

* Latham's Snipe Gallinago hardwickii
* Black-tailed Godwit Limosa limosa
* Bar-tailed Godwit Limosa lapponica
* Common Greenshank Tringa nebularia
* Marsh Sandpiper Tringa stagnatilis
* Red Knot Calidris canutus
* Red-necked Stint Calidris ruficollis
* Sharp-tailed Sandpiper Calidris acuminata
* Curlew Sandpiper Calidris ferruginea

The presence of these birds requires assessment under the Environment Protection and Biodiversity Conservation Act 1999. However, the EA claims that this project does not trigger the EPBC Act. I disagree.

The eastern margin of Swan Pond to be impacted by the proposed project is particularly important for shorebirds as it is shallow and dries out periodically to expose mudflats that are a favoured foraging and roosting habitat. Many species of waterfowl also use Swan Pond. In addition, more than 1 hectare of saltmarsh will be removed by the proposal, diminishing habitat for the White-fronted Chat Epthianura albifrons, now listed as Vulnerable under the NSW Threatened Species Conservation Act 1995.The saltmarsh itself is also listed as an endangered ecological community. It is completely unacceptable that the powerlines be moved further into Swan Pond where bird strikes will be more frequent than they are already.

I object to the proposed rail flyover modification because:

* all rail lines and industrial development should be constrained within the existing industrial area east of the Kooragang Island Main Line, with no incursions into Swan Pond to the west of the rail line;

* the importance of Swan Pond for migratory shorebirds has not been acknowledged;

* no compensatory shorebird-habitat plans have been proposed to offset the proposed destruction of a portion of Swan Pond;

* no consideration has been given to placing powerlines underground, moving them into the existing industrial area, or at the very least, attaching bird deflectors to the lines as they are moved further into Swan Pond;

* piecemeal assessment of individual projects does not consider cumulative impact - this proposal is yet another slice off the diminishing shorebird habitat in the Hunter Estuary.

I urge you to consider the adequacy of this Environmental Assessment and to insist on compensatory shorebird-habitat creation before works are undertaken if the proposal is approved.

Yours faithfully,



Chris Herbert
Member, Hunter Bird Observers Club


References

Herbert, C. (2007). Distribution, Abundance and Status of Birds in the Hunter Estuary. Hunter Bird Observers Club Special Report No. 4. Hunter Bird Observers Club Inc.: New Lambton, NSW.

Moss, J. (Ed.) (1983). Kooragang Island: Investigation of Natural Areas. Department of Environment and Planning.

Newcastle Coal Infrastructure Group (2012). Newcastle Coal Infrastructure group Coal Export Terminal Project Approval (06_0009) Rail Flyover Modification Environmental Assessment.

Stuart, A. (2000 - 2011). Hunter Region of New South Wales Annual Bird Report Numbers 7 (1999) to 18 (2010). Hunter Bird Observers Club Inc.: New Lambton, NSW.

Note: Hunter Bird Observers Club publications are available on the Club's website: www.hboc.org.au

A hard copy of this submission is being sent to you by mail

SUBMISSION
Newcastle Coal and Infrastructure Group Export Terminal
Stage 2F
Rail Flyover Modification
Approval Number 06_0009

July 28, 2012


Department of Planning and Infrastructure
23-33 Bridge Street, Sydney, NSW 2000

To the people who have the task of looking after our environment:

I write to object to the current plans to construct railway work in the area of land long known as Swan Pond on Ash Island, the western part of Kooragang Island, in the Hunter Estuary. It is referred to in the NCIG documentation as "additional land to the west".

Popular ornithology author Sue Taylor of Kew, Melbourne is currently writing a book on the 100 best bird watching locations in Australia. Included in her list of her best sites is Swan Pond, Ash Island, Newcastle. I am supplying Sue with some bird and location photographs for her new book. I have a long interest in Swan Pond and its birds, having visited, photographed and surveyed that area for decades.

There was a long and hard fought dispute in the 1970s as to which parts of the Hunter Estuary were to be used for industry and which were to be set aside for conservation. The understanding then, and until recently, was that all land east and south of the railway was industrial and the land north and west of the railway was conservation land. Numerous maps have been made showing this.

Recently there was a land grab involving about 18ha of conservation land outside the railway being removed from the Hunter Wetlands National Park and declared to be industrial land. This letter is specifically objecting to that 790m long and about 50m wide portion of the 18ha land grab referred to in the Rail Flyover Modification.

People from all parts of NSW, from other Australian states and from overseas come to Newcastle specifically to see the birds at two locations, Stockton Sandspit and Swan Pond. The Hunter Estuary Wetlands are the most important site in NSW for the suite of migratory shorebirds from northeastern Asia. Australian Governments are obliged to protect these birds by the Ramsar Agreement. Swan Pond is also an important dry season refuge for a suite of Australian waterbirds as well as some local resident species.

The surveys carried out by the Hunter Bird Observers Club in past years have recorded no less than 85 species of birds using Swan Pond. At times, e.g. low tide in winter, it can appear to have few birds present. At other times it provides habitat for thousands. Swan pond has a brackish water ecology that is unique in the Hunter Estuary. It is quite different to the adjacent Wader Pond, with less high tide flushing and a generally lower salinity. Swan Pond is a very important Bird Area. We must not allow it to be destroyed.

The current application for a Rail Flyover Modification is a part of the bigger Newcastle Terminal 4 proposal. The plans for the Terminal 4 site include stockpiles of coal 50m wide, 20m high and, in total, 10km long. Terminal 4 plans have been delayed for two years, due to, it is suggested, lower demand for steaming coal, the inability of the railway system to deliver the coal and construction of non-coal power generation plants in countries to which the coal was planned to be exported. If, as seems to be perfectly feasible and reasonable, the total coal stockpile were reduced to just 9.5km in length then sufficient land would be freed up within the existing industrial area to allow space for all required new rail infrastructure.

In conclusion I submit that:

1. Swan Pond is an Important Bird Area in the Hunter Estuary and is recognised internationally as such by Birdlife International.
2. Swan Pond has a unique ecology and there are no other comparable locations in the Hunter Estuary.
3. Swan Pond hosts migratory shorebirds in large numbers and as such must be given protection under the Ramsar Agreement.
4. Swan Pond is an important dry season refuge for Australian waterfowl.
5. Swan Pond, far from being "low value and otherwise constrained land" as the Hunter Development Corporation described it, is an important Hunter Valley tourist attraction. It will be even more important when Sue Taylor's new book is out.
6. Hubris on the part of the designers of Terminal 4 has caused them to unnecessarily encroach on important conservation land. There is, in fact, abundant land within the existing industrial area to enable them to build a viable Coal Loader.
7. The Hunter Bird Observers Club has prepared a comprehensive and well researched submission on the RFM. I fully support that submission.
8. The proposal to give 790m by 50m of prime bird habitat to the railworks for the T4 Coal Loader is totally unacceptable and must be rejected.




Yours sincerely,




Jim Smart

41 Burg Street
East Maitland
NSW 2323
02 49337761
[email protected]

Attached: A photograph of Swan Pond taken recently after the migratory shorebirds had left.
IMG-0489

I am against any disturbance of the Swan Pond that will occur as a consequence of the RFM for the NCIG.

Please find my submission attached.

I refer to HBOC's submission regarding this proposal, which is attached.

This submission clearly outlines the (numerous) reasons why Hunter Bird Observers Club and I, personally, wish to voice opposition to the proposed rail flyover modification.

From personal experience it has become evident to me that this small part of the Ash / Kooragang Island complex of wetlands is one of the most important areas for waterbirds and resident / migratory shorebirds in the Hunter Estuary, recognised as being the most important migratory shorebird site in NSW. It is also very important for threatened and migratory passerine species as well as other threatened birds such as the Australasian Bittern and other threatened fauna such as the Green and Golden Bell Frog.

As an absolute minimum, proper environmental assessments need to occur giving full credence to the significance of this area, but more over I feel that the proposal should be rejected.

Mick Roderick
30 July 2012

Please see submission attached as PDF file.

submission against NCIG RFM - wetlands

Why the NCIG Terminal Rail Flyover Modification Stage 2F June 2012 Must be Dismissed and Prevented from Resubmission in any Form. Dr Max Maddock AM, BSc, DipEd (Tasmania); MS, PhD (Florida State); DSc(Hon. Newcastle)
31 July 2012.

Text of the submission is Attachment 1

refer to attached document

refer attached submission

refer attached submission

refer to attached submission

refer attached submission

Please find the attached submission to this development. Thank you for your consideration.

Professor Richard Kingsford

BirdLife Australia is opposed to this proposal as we believe it is likely to have a significant impact on EPBC listed migratory shorebirds. Please see the attached letter for further details.

Please see objection letter attached.

refer attached submission

Refer attached submission.

Please see below comments from our Engineering Service Unit which was inadvertently omitted from Council submission on Friday.

Flooding - the railway appears to be at the 1% APE level or level and the majority of this site is flood fringe (allows for filling) so there is generally no issue with the proposal in regards to flooding. The site is on the edge of the floodway (see map 5-L link below), the development is to ensure that it does not affect that floodway (which has been shaped to generally avoid this site)

http://www.newcastle.nsw.gov.au/__data/assets/pdf_file/0009/204687/Series_5_-_Compendium_of_Flood_Maps.pdf

refer attached submission

refer attached submission