David Norris
Object
David Norris
Object
Pottsville
,
New South Wales
Message
TO: The NSW Department of Planning and Environment
(Attention: Director - Resource Assessments)
SUBMISSION FROM: David Norris, Community Representative on Tweed Shire
Council Koala Management Committee and Dunloe Sands Community
Consultative Committee
ADDRESS: 28 Toshack Place, POTTSVILLE NSW 2489
PHONE: 02 6676 0615
MOBILE: 0423 267 555
EMAIL: [email protected]
DATE: 8 October 2018
[PLEASE NOTE: I do not want the Department to delete my personal
information before publication and I have not made any reportable
political donations in the previous two years.]
MODIFICATION REQUEST: Holcim Dunloe Sands Modification 2 to Project
Approval 06/-0030, Application No MP 06_0030 MOD 2, Proponent: Holcim
( Australia ) Pty Ltd, Location: Pottsville-Moobal Road, Pottsville.
DESCRIPTION OF PROPOSED MODIFICATION: The modification seeks to amend
consent conditions to allow an increase in the number of daily vehicle
movements in and out of the site, from 80 to 240 Monday to Friday and
40 to 120 on Saturdays.
I OBJECT to the above proposal for the following reasons:-
RISK OF VEHICLE STRIKE AND IMPEDIMENT TO CONNECTIVITY
The EA Table 6-1 Identification of environmental issues (page 15)
states: 'The proposed modification will not involve any construction
or demolition works, therefore there will be no impacts to flora and
fauna as a result of the proposed modification..... No additional
assessment or mitigation is required'.
I disagree with the statement above for the following reasons:-
Vehicles up to the size of a 19-metre truck and dog trailer operate
from the Holcim mine site. The proposal seeks to triple the allowable
vehicle movements to, from and at the site. The Ecological Assessment
recommends that all heavy vehicles access and egress the site to/from
Cudgera Creek Road.
The haul road intersects with two koala linkages identified in the
Tweed Coast Koala Habitat Study (TCKHS) 2011, one within the mine site
which connects with the Sleepy Hollow highway underpass, and one where
trucks enter/exit the site at Pottsville/Moobal Road. The haul road
also runs parallel and adjacent to the koala black spot on
Pottsville/Moobal Road, identified in TCKHS 2011, and intersects the
black spot at the entry to and exit from the mine site [refer attached
map haul route and koala linkage corridors].
Page 1 of 7
Recent koala food tree plantings along the southern section of and
parallel to the haul road have the potential to attract koalas,
increasing the potential risk of vehicle strike.
The Mine Environmental Management Plan states: 'To minimise impacts on
native fauna, in accordance with the Development Consent, trucks and
machinery are to be confined to defined haulage routes and operate
during daylight hours only (7am-5pm weekdays, 7am-12pm weekends) at a
maximum speed of 30km/hr'.
However, koalas often move on the ground during daylight hours
particularly during koala breeding season (July to February) and are
at high risk of vehicle strike. For example, the automatic koala
protection gate was installed at the entrance to the Black Rocks
sports field (adjacent to the mine site) as a result of koalas being
evidenced on the ground during daylight hours.
Another example is a koala sighted and photographed during daylight
hours on the footpath at the intersection of Coronation Avenue and
Berkley's Lane in the middle of the Pottsville business area.
Male koalas are very single minded when it comes to chasing a female
during breeding season which makes them very vulnerable to vehicle
strike. Females are known to risk injury in order to escape a male on
the chase, making them also vulnerable to vehicle strike.
Pottsville Wetlands has been identified as part of a north-south and
east-west regional fauna corridor in the Northern Rivers regional
Biodiversity Management Plan (DECCW 2010) with linkages north and
south with Cudgen, Wooyung and Billinudgel Nature Reserves and west to
Mooball National Park and Cudgera Creek Nature Reserve.
The mine site is located within the regional corridor and adjacent to
the Pottsville Wetland. Native fauna including koalas move through the
mine site for feeding and breeding purposes.
The noise and visual impact associated with a tripling of vehicle
movements (ie on average one movement every two and a half minutes
during operational times) has the potential to form a barrier to koala
movement and compromise the effectiveness of the east/west and
north/south koala linkage corridors that the haul road intersects and
parallels . Effective connectivity to koala populations west of the
Pacific highway and south of the mine site is critical to survival of
the Tweed Coast koala population which is listed as endangered.
SUPPORTING QUOTES FROM TWEED COAST KOALA HABITAT STUDY 2011
TCKHS 2011 identifies barriers to koala movement as a process
threatening the survival of the koala on the Tweed Coast. 'Threatening
processes' (page 11) states: 'Fragmentation of koala habitat such that
barriers to movement are created that isolate individuals and
populations, hence altering population dynamics, impeding gene flow
and the ability to maintain effective recruitment levels.'
'Road mortalities/koala blackspots' (page 49) states: 'Dr. Phillips
(2002) reported vehicle-strike as responsible for 34% of koala
mortality on the Tweed Coast. While this statistic has decreased to
19% in the intervening decade, this result is more likely to be
attributable to overall population decline than an increase in care
and vigilance of drivers.'
Page 2 of 7
'Mitigation of threatening processes' (page 66) states: 'There is a
need for evaluation of existing underpass options along the Pacific
Highway that offer greatest potential for safe passage of koalas so as
to achieving meaningful east-west connectivity, with particular
emphasis on the Sleepy Hollow area where ameliorative measures are
also required'.
TCKHS 2011 has identified the following regarding the Tweed Coast
Koala population viability:-
144 Koalas remain in the Tweed Coast study area. '170 is the minimum
viable population size for long-term survival' [Phillips, unpub.Data,
refer page 61]. An estimated 35 Koalas occupy the Pottsville Wetland.
'Regarding the central Koala Management area (between Bogangar and
Pottsville) there is a need to consider the localised extinction of
Koalas south of the Tweed River to be a foreseeable event within the
next 2 - 3 decades' [refer page 64].
Three disjunct sub-populations of Koalas exist in the central Koala
Management Area south of Tweed River between Bogangar and Pottsville
[refer page 5].
For viable Koala metapopulation to survive, Koala recovery and
management actions must be focused between Bogangar and Pottsville
[refer page 6]. The central Koala Management Area must be of the
highest importance [refer page 65].
'Population Viability Analysis carried out by Phillips et al. 2007 has
determined that as little as a 2-3% increase (ie 4 Koalas in the
entire Tweed Coast koala population) in the naturally-occurring
mortality rate (as a function of total population size) due to
incidental factors such as road mortality, dog attack or the stressors
associated with disturbance generally, is sufficient to precipitate
decline [refer page 63].
The Tweed Coast Comprehensive Koala Plan of Management identifies that
safe koala movement through the koala black spot area is crucial to
the survival of the Pottsville Wetland koala sub population. The
proposed tripling of allowable vehicle movements through this area has
the potential to cause a major risk of koala vehicle strike and a
major impediment to koala movement.
SUPPORTING QUOTES FROM TWEED COAST COMPREHENSIVE KOALA PLAN OF
MANAGEMENT (refer attached Map Activity and Linkage precincts)
'Dunloe Park KLP' (Koala Linkage Precinct) states (page 19): 'The
precinct includes critical connectivity measures across the Pacific
Highway, including the fauna overpass south of the Pottsville
interchange and a bridge crossing under the highway at Sleepy Hollow
Road....Management focus within this precinct is retention and
extension of habitat with a specific focus on creating viable movement
corridors that link the adjoining KAPs to highly significant habitat
west of the highway.'
'Koala Habitat Restoration' (page 48) states: 'Areas of Preferred
Koala Habitat vary in condition and currently provide insufficient
connectivity between koala sub-populations on the Tweed Coast and
between coastal and western populations.'
Page 3 of 7
'Reducing Koala Road Mortality' (page 51) states: 'The Habitat Study
recognised that the Pacific Highway limits movement of individuals and
genetic flow between the Tweed Coast koala population and those in the
west. A further seven stretches of road on the Tweed Coast were termed
"blackspots" that accounted for the majority of koala road kill. This
Plan identifies these sections of road along with other high risk
sections of road where koala road kill is likely to occur due to its
proximity to koala habitat as "koala roads". These areas include:
Pottsville Road (Pottsville, Sleepy Hollow)'....Koalas are killed on
these roads because they bisect existing home ranges or movement
corridors for dispersing animals, thus they also reflect the locations
that are most vital for maintaining connectivity across roads. The
ranging behaviour of koalas cannot be modified, thus it is the
approach to road design and the attitude to road use in high risk
areas that must adjust in order to reduce this threat [refer attached
Map Haul Route and Koala Linkage Corridors and Map Activity and
Linkage Precincts]
TWEED COAST COMPREHENSIVE KOALA PLAN OF MANAGEMENT (KPOM ) 3.5.2.2
KOALA LINKAGE PRECINCTS (refer Map Activity & Linkage precincts
attached)
A Koala Linkage Precinct (KLP) is a mapped area adjacent to one or
more KAPs that provide optimal opportunities for improved habitat
management and connectivity.
Dunloe Park Koala Linkage Precinct:
Dunloe Park KLP is approximately 428 ha, consisting of the lands
between the Pacific Highway in the west, Pottsville KAP to the north,
Black Rocks KAP to the east and non-precinct areas to the south.
The precinct includes critical connectivity measures across the
Pacific Highway, including the fauna overpass south of the Pottsville
interchange and a bridge crossing under the highway at Sleepy Hollow
Road.
Management focus within this precinct is retention and extension of
habitat with a specific focus on creating viable movement corridors
that link the adjoining KAPs to highly significant habitat west of the
highway.
TWEED COAST COMPREHENSIVE KOALA PLAN OF MANAGEMENT KOALA LINKAGE
PRECINCT MANAGEMENT OBJECTIVES
i) The following management objectives will be used to guide this Plan
in relation to the Koala Linkage Precincts.
a) To actively reduce threats to existing koalas and their habitat.
b) To increase the area and quality of Core Koala Habitat with a focus
on improving connectivity between existing koala populations and KAPs.
Page 4 of 7
c) To ensure that new developments within a KLP minimise impacts on
koalas, whether or not they are currently present on site, through the
retention and protection of Core Koala Habitat and the application of
rigorous development controls.
d) To ensure that any development affecting koalas or their habitat
within a KLP contributes positively to koala recovery within the KLP
through improved connectivity of koala habitat.
e) To ensure that planning for future development within a KLP
positively contributes to koala recovery within the KLP through
improved connectivity of koala habitat.
f) To encourage all stakeholders, including private landholders and
the community, to positively contribute to koala recovery within the
KLP.
EXTRACT FROM TWEED COAST COMPREHENSIVE KOALA PLAN OF MANAGEMENT
For Development Proposals within a Koala Linkage Precinct without
evidence of koala usage, connectivity for koalas must be enhanced by
the planting of Preferred Koala Food Trees or the creation of
additional Preferred Koala Habitat. Such areas shall:
a) be within the property (or adjacent properties in the same
ownership) to which the development is proposed but outside of the
Development Envelope(including any envisaged infrastructure,
easements, bush fire asset protection zones and the like),any land
used for offsetting under Section 5.9.3 (iii) or retained under
Section 5.9.3 (iv), and b) be optimally located to improve koala
habitat connectivity.
The mine site is not considered Minor Development under The Tweed
Koala Plan of Management. In the event that the proposal is approved
please check if there is a requirement to comply with the above
clause.
The proposal should be examined to the fullest extent in relation to
its effect on the environment, ensuring that any proposed action has
minimal adverse impacts on the threatened species which inhabit the
land within and adjoining the mine site.
INCONSISTENT MATTERS
There has been no consideration of the endangered status of the Tweed
Coast koala population.
The proposal contradicts a focus of the Dunloe Park Koala Linkage
Precinct, which is to improve connectivity to the underpass under the
highway at Sleepy Hollow Road. The proposal also contradicts the KPOM
koala linkage precinct objectives, particularly objectives (a) ( c)
(d) and (f).
I believe that the above adverse impacts of the proposed action within
and on land adjoining the subject site are inconsistent with the
findings of the EA, which concludes that the proposed action will not
have a significant impact on koalas.
Page 5 of 7
I believe that the adverse impacts of the proposal are inconsistent
with the recommendations of TCKHS: 'Sustainable planning for Koalas
should endeavour to minimise the potential for adverse impacts in
known Koala habitat by ensuring that adequate areas of suitable
habitat, and linkages to assist ongoing processes of recruitment and
dispersal, are maintained or restored.'
In submit that considering the issues raised in this submission, the
proposal does constitute a `radical transformation', and that
continued use of Section 75W to modify the project approved under Part
3A (known as Transitional Part 3A Projects) cannot be relied upon
because the proposed changes cannot be considered a `modification'.
Outstanding Environmental Planning and Assessment Act matters:
I believe that the adverse impacts of the proposal should it be
approved will significantly impede connectivity causing fragmentation
between areas of koala habitat and breeding locations. The increase in
vehicle movements would result in degradation of the corridor value of
the land within and adjoining the mine site.
I believe that the adverse impacts of a tripling of vehicle movements
are likely to disrupt the life cycle of the species (Pottsville
Wetland koalas) such that a viable local population of the species is
likely to be placed at risk of extinction.
I believe the proposed action is inconsistent with the objectives or
actions of the Recovery Plan for the Koala which was approved by the
Minister for Climate Change and the Environment in November, 2008.
I submit that the proposal poses unacceptable impacts on the
environment in that the proposal is likely to have a significant
impact on the viability of a koala linkage corridor identified in the
Tweed Coast Koala Habitat Study 2011 and within the Dunloe Park Koala
Linkage Precinct as mapped in the Tweed Coast Koala Plan of
Management.
I believe that the proposal poses unacceptable social impacts on the
amenity of neighbours.
If the proposal is approved, up to 240 vehicle movements a week day
day will be allowed until 1 January 2035, but there has been no
consideration of how the proposed increased vehicle movements will
interact with the cumulative effects of traffic associated with other
proposed future development in the area. This includes the proposed
Dunloe Park urban development adjacent to the mine site. This
development proposal is presently undergoing a master-planned
community process and, if approved, is expected to house 6000 people.
There has been no consideration of how the proposed increased vehicle
movements will interact with the traffic generated by the North Byron
Parklands Splendour in the Grass and Falls music festivals which use
Pottsville Moobal Road and the Pottsville Pacific Highway interchange
as a designated access route. Currently an estimated 35,000 people
attend the Splendour in the Grass event over a 5 day period.
Considering the ecological values, disruption to connectivity and
impacts on threatened fauna within and/or adjacent to the mine site as
detailed in this submission, I submit that the application for the
proposed action should be rejected.
Page 6 of 7
Outstanding Environmental Protection Biodiversity Conservation Act
matters
Regarding assessment under the EPBC Act, I believe that the
Environmental Assessment and Review of Environmental Factors are
incomplete because they do not recognise the federally-listed
vulnerable status of the koala, and that the mine site is located
within a quality habitat corridor linking the Pottsville Wetlands with
the Wooyung and Billinudgel Nature Reserves to the south and koala
habitat to the west . This recognition is not reflected in the
findings and recommendations of these documents.
There is no reference in the EA to the koala's federally-listed
vulnerable status. TCKHS 2011 Koalas Population Viability presents a
number of very alarming statistics regarding predicted localised
extinction of koalas and a viable population size which is well below
the minimum. I believe that the impacts on Pottsville Wetland koalas
will have very serious consequences for their survival and will
significantly impact on the viability of the koala population on the
Tweed Coast.
I therefore believe that the proposal warrants referral to the SEWPC
Minister for impact assessment and Commonwealth approval under the
EPBC Act.
CONCLUSION
I submit that the issues raised in my submission must be assessed in
accordance with the relevant provisions of the EP&A Act and EPBC Act.
Considering the matters referred to in this submission, I submit that
the precautionary principle should be adhered to and the application
should be rejected.
Please note:- the attached maps are modifications of maps copied from
the Tweed Coast Koala Habitat Study 2011 and the Tweed Coast
Comprehensive Koala Plan of Management.
Page 7 of 7
(Attention: Director - Resource Assessments)
SUBMISSION FROM: David Norris, Community Representative on Tweed Shire
Council Koala Management Committee and Dunloe Sands Community
Consultative Committee
ADDRESS: 28 Toshack Place, POTTSVILLE NSW 2489
PHONE: 02 6676 0615
MOBILE: 0423 267 555
EMAIL: [email protected]
DATE: 8 October 2018
[PLEASE NOTE: I do not want the Department to delete my personal
information before publication and I have not made any reportable
political donations in the previous two years.]
MODIFICATION REQUEST: Holcim Dunloe Sands Modification 2 to Project
Approval 06/-0030, Application No MP 06_0030 MOD 2, Proponent: Holcim
( Australia ) Pty Ltd, Location: Pottsville-Moobal Road, Pottsville.
DESCRIPTION OF PROPOSED MODIFICATION: The modification seeks to amend
consent conditions to allow an increase in the number of daily vehicle
movements in and out of the site, from 80 to 240 Monday to Friday and
40 to 120 on Saturdays.
I OBJECT to the above proposal for the following reasons:-
RISK OF VEHICLE STRIKE AND IMPEDIMENT TO CONNECTIVITY
The EA Table 6-1 Identification of environmental issues (page 15)
states: 'The proposed modification will not involve any construction
or demolition works, therefore there will be no impacts to flora and
fauna as a result of the proposed modification..... No additional
assessment or mitigation is required'.
I disagree with the statement above for the following reasons:-
Vehicles up to the size of a 19-metre truck and dog trailer operate
from the Holcim mine site. The proposal seeks to triple the allowable
vehicle movements to, from and at the site. The Ecological Assessment
recommends that all heavy vehicles access and egress the site to/from
Cudgera Creek Road.
The haul road intersects with two koala linkages identified in the
Tweed Coast Koala Habitat Study (TCKHS) 2011, one within the mine site
which connects with the Sleepy Hollow highway underpass, and one where
trucks enter/exit the site at Pottsville/Moobal Road. The haul road
also runs parallel and adjacent to the koala black spot on
Pottsville/Moobal Road, identified in TCKHS 2011, and intersects the
black spot at the entry to and exit from the mine site [refer attached
map haul route and koala linkage corridors].
Page 1 of 7
Recent koala food tree plantings along the southern section of and
parallel to the haul road have the potential to attract koalas,
increasing the potential risk of vehicle strike.
The Mine Environmental Management Plan states: 'To minimise impacts on
native fauna, in accordance with the Development Consent, trucks and
machinery are to be confined to defined haulage routes and operate
during daylight hours only (7am-5pm weekdays, 7am-12pm weekends) at a
maximum speed of 30km/hr'.
However, koalas often move on the ground during daylight hours
particularly during koala breeding season (July to February) and are
at high risk of vehicle strike. For example, the automatic koala
protection gate was installed at the entrance to the Black Rocks
sports field (adjacent to the mine site) as a result of koalas being
evidenced on the ground during daylight hours.
Another example is a koala sighted and photographed during daylight
hours on the footpath at the intersection of Coronation Avenue and
Berkley's Lane in the middle of the Pottsville business area.
Male koalas are very single minded when it comes to chasing a female
during breeding season which makes them very vulnerable to vehicle
strike. Females are known to risk injury in order to escape a male on
the chase, making them also vulnerable to vehicle strike.
Pottsville Wetlands has been identified as part of a north-south and
east-west regional fauna corridor in the Northern Rivers regional
Biodiversity Management Plan (DECCW 2010) with linkages north and
south with Cudgen, Wooyung and Billinudgel Nature Reserves and west to
Mooball National Park and Cudgera Creek Nature Reserve.
The mine site is located within the regional corridor and adjacent to
the Pottsville Wetland. Native fauna including koalas move through the
mine site for feeding and breeding purposes.
The noise and visual impact associated with a tripling of vehicle
movements (ie on average one movement every two and a half minutes
during operational times) has the potential to form a barrier to koala
movement and compromise the effectiveness of the east/west and
north/south koala linkage corridors that the haul road intersects and
parallels . Effective connectivity to koala populations west of the
Pacific highway and south of the mine site is critical to survival of
the Tweed Coast koala population which is listed as endangered.
SUPPORTING QUOTES FROM TWEED COAST KOALA HABITAT STUDY 2011
TCKHS 2011 identifies barriers to koala movement as a process
threatening the survival of the koala on the Tweed Coast. 'Threatening
processes' (page 11) states: 'Fragmentation of koala habitat such that
barriers to movement are created that isolate individuals and
populations, hence altering population dynamics, impeding gene flow
and the ability to maintain effective recruitment levels.'
'Road mortalities/koala blackspots' (page 49) states: 'Dr. Phillips
(2002) reported vehicle-strike as responsible for 34% of koala
mortality on the Tweed Coast. While this statistic has decreased to
19% in the intervening decade, this result is more likely to be
attributable to overall population decline than an increase in care
and vigilance of drivers.'
Page 2 of 7
'Mitigation of threatening processes' (page 66) states: 'There is a
need for evaluation of existing underpass options along the Pacific
Highway that offer greatest potential for safe passage of koalas so as
to achieving meaningful east-west connectivity, with particular
emphasis on the Sleepy Hollow area where ameliorative measures are
also required'.
TCKHS 2011 has identified the following regarding the Tweed Coast
Koala population viability:-
144 Koalas remain in the Tweed Coast study area. '170 is the minimum
viable population size for long-term survival' [Phillips, unpub.Data,
refer page 61]. An estimated 35 Koalas occupy the Pottsville Wetland.
'Regarding the central Koala Management area (between Bogangar and
Pottsville) there is a need to consider the localised extinction of
Koalas south of the Tweed River to be a foreseeable event within the
next 2 - 3 decades' [refer page 64].
Three disjunct sub-populations of Koalas exist in the central Koala
Management Area south of Tweed River between Bogangar and Pottsville
[refer page 5].
For viable Koala metapopulation to survive, Koala recovery and
management actions must be focused between Bogangar and Pottsville
[refer page 6]. The central Koala Management Area must be of the
highest importance [refer page 65].
'Population Viability Analysis carried out by Phillips et al. 2007 has
determined that as little as a 2-3% increase (ie 4 Koalas in the
entire Tweed Coast koala population) in the naturally-occurring
mortality rate (as a function of total population size) due to
incidental factors such as road mortality, dog attack or the stressors
associated with disturbance generally, is sufficient to precipitate
decline [refer page 63].
The Tweed Coast Comprehensive Koala Plan of Management identifies that
safe koala movement through the koala black spot area is crucial to
the survival of the Pottsville Wetland koala sub population. The
proposed tripling of allowable vehicle movements through this area has
the potential to cause a major risk of koala vehicle strike and a
major impediment to koala movement.
SUPPORTING QUOTES FROM TWEED COAST COMPREHENSIVE KOALA PLAN OF
MANAGEMENT (refer attached Map Activity and Linkage precincts)
'Dunloe Park KLP' (Koala Linkage Precinct) states (page 19): 'The
precinct includes critical connectivity measures across the Pacific
Highway, including the fauna overpass south of the Pottsville
interchange and a bridge crossing under the highway at Sleepy Hollow
Road....Management focus within this precinct is retention and
extension of habitat with a specific focus on creating viable movement
corridors that link the adjoining KAPs to highly significant habitat
west of the highway.'
'Koala Habitat Restoration' (page 48) states: 'Areas of Preferred
Koala Habitat vary in condition and currently provide insufficient
connectivity between koala sub-populations on the Tweed Coast and
between coastal and western populations.'
Page 3 of 7
'Reducing Koala Road Mortality' (page 51) states: 'The Habitat Study
recognised that the Pacific Highway limits movement of individuals and
genetic flow between the Tweed Coast koala population and those in the
west. A further seven stretches of road on the Tweed Coast were termed
"blackspots" that accounted for the majority of koala road kill. This
Plan identifies these sections of road along with other high risk
sections of road where koala road kill is likely to occur due to its
proximity to koala habitat as "koala roads". These areas include:
Pottsville Road (Pottsville, Sleepy Hollow)'....Koalas are killed on
these roads because they bisect existing home ranges or movement
corridors for dispersing animals, thus they also reflect the locations
that are most vital for maintaining connectivity across roads. The
ranging behaviour of koalas cannot be modified, thus it is the
approach to road design and the attitude to road use in high risk
areas that must adjust in order to reduce this threat [refer attached
Map Haul Route and Koala Linkage Corridors and Map Activity and
Linkage Precincts]
TWEED COAST COMPREHENSIVE KOALA PLAN OF MANAGEMENT (KPOM ) 3.5.2.2
KOALA LINKAGE PRECINCTS (refer Map Activity & Linkage precincts
attached)
A Koala Linkage Precinct (KLP) is a mapped area adjacent to one or
more KAPs that provide optimal opportunities for improved habitat
management and connectivity.
Dunloe Park Koala Linkage Precinct:
Dunloe Park KLP is approximately 428 ha, consisting of the lands
between the Pacific Highway in the west, Pottsville KAP to the north,
Black Rocks KAP to the east and non-precinct areas to the south.
The precinct includes critical connectivity measures across the
Pacific Highway, including the fauna overpass south of the Pottsville
interchange and a bridge crossing under the highway at Sleepy Hollow
Road.
Management focus within this precinct is retention and extension of
habitat with a specific focus on creating viable movement corridors
that link the adjoining KAPs to highly significant habitat west of the
highway.
TWEED COAST COMPREHENSIVE KOALA PLAN OF MANAGEMENT KOALA LINKAGE
PRECINCT MANAGEMENT OBJECTIVES
i) The following management objectives will be used to guide this Plan
in relation to the Koala Linkage Precincts.
a) To actively reduce threats to existing koalas and their habitat.
b) To increase the area and quality of Core Koala Habitat with a focus
on improving connectivity between existing koala populations and KAPs.
Page 4 of 7
c) To ensure that new developments within a KLP minimise impacts on
koalas, whether or not they are currently present on site, through the
retention and protection of Core Koala Habitat and the application of
rigorous development controls.
d) To ensure that any development affecting koalas or their habitat
within a KLP contributes positively to koala recovery within the KLP
through improved connectivity of koala habitat.
e) To ensure that planning for future development within a KLP
positively contributes to koala recovery within the KLP through
improved connectivity of koala habitat.
f) To encourage all stakeholders, including private landholders and
the community, to positively contribute to koala recovery within the
KLP.
EXTRACT FROM TWEED COAST COMPREHENSIVE KOALA PLAN OF MANAGEMENT
For Development Proposals within a Koala Linkage Precinct without
evidence of koala usage, connectivity for koalas must be enhanced by
the planting of Preferred Koala Food Trees or the creation of
additional Preferred Koala Habitat. Such areas shall:
a) be within the property (or adjacent properties in the same
ownership) to which the development is proposed but outside of the
Development Envelope(including any envisaged infrastructure,
easements, bush fire asset protection zones and the like),any land
used for offsetting under Section 5.9.3 (iii) or retained under
Section 5.9.3 (iv), and b) be optimally located to improve koala
habitat connectivity.
The mine site is not considered Minor Development under The Tweed
Koala Plan of Management. In the event that the proposal is approved
please check if there is a requirement to comply with the above
clause.
The proposal should be examined to the fullest extent in relation to
its effect on the environment, ensuring that any proposed action has
minimal adverse impacts on the threatened species which inhabit the
land within and adjoining the mine site.
INCONSISTENT MATTERS
There has been no consideration of the endangered status of the Tweed
Coast koala population.
The proposal contradicts a focus of the Dunloe Park Koala Linkage
Precinct, which is to improve connectivity to the underpass under the
highway at Sleepy Hollow Road. The proposal also contradicts the KPOM
koala linkage precinct objectives, particularly objectives (a) ( c)
(d) and (f).
I believe that the above adverse impacts of the proposed action within
and on land adjoining the subject site are inconsistent with the
findings of the EA, which concludes that the proposed action will not
have a significant impact on koalas.
Page 5 of 7
I believe that the adverse impacts of the proposal are inconsistent
with the recommendations of TCKHS: 'Sustainable planning for Koalas
should endeavour to minimise the potential for adverse impacts in
known Koala habitat by ensuring that adequate areas of suitable
habitat, and linkages to assist ongoing processes of recruitment and
dispersal, are maintained or restored.'
In submit that considering the issues raised in this submission, the
proposal does constitute a `radical transformation', and that
continued use of Section 75W to modify the project approved under Part
3A (known as Transitional Part 3A Projects) cannot be relied upon
because the proposed changes cannot be considered a `modification'.
Outstanding Environmental Planning and Assessment Act matters:
I believe that the adverse impacts of the proposal should it be
approved will significantly impede connectivity causing fragmentation
between areas of koala habitat and breeding locations. The increase in
vehicle movements would result in degradation of the corridor value of
the land within and adjoining the mine site.
I believe that the adverse impacts of a tripling of vehicle movements
are likely to disrupt the life cycle of the species (Pottsville
Wetland koalas) such that a viable local population of the species is
likely to be placed at risk of extinction.
I believe the proposed action is inconsistent with the objectives or
actions of the Recovery Plan for the Koala which was approved by the
Minister for Climate Change and the Environment in November, 2008.
I submit that the proposal poses unacceptable impacts on the
environment in that the proposal is likely to have a significant
impact on the viability of a koala linkage corridor identified in the
Tweed Coast Koala Habitat Study 2011 and within the Dunloe Park Koala
Linkage Precinct as mapped in the Tweed Coast Koala Plan of
Management.
I believe that the proposal poses unacceptable social impacts on the
amenity of neighbours.
If the proposal is approved, up to 240 vehicle movements a week day
day will be allowed until 1 January 2035, but there has been no
consideration of how the proposed increased vehicle movements will
interact with the cumulative effects of traffic associated with other
proposed future development in the area. This includes the proposed
Dunloe Park urban development adjacent to the mine site. This
development proposal is presently undergoing a master-planned
community process and, if approved, is expected to house 6000 people.
There has been no consideration of how the proposed increased vehicle
movements will interact with the traffic generated by the North Byron
Parklands Splendour in the Grass and Falls music festivals which use
Pottsville Moobal Road and the Pottsville Pacific Highway interchange
as a designated access route. Currently an estimated 35,000 people
attend the Splendour in the Grass event over a 5 day period.
Considering the ecological values, disruption to connectivity and
impacts on threatened fauna within and/or adjacent to the mine site as
detailed in this submission, I submit that the application for the
proposed action should be rejected.
Page 6 of 7
Outstanding Environmental Protection Biodiversity Conservation Act
matters
Regarding assessment under the EPBC Act, I believe that the
Environmental Assessment and Review of Environmental Factors are
incomplete because they do not recognise the federally-listed
vulnerable status of the koala, and that the mine site is located
within a quality habitat corridor linking the Pottsville Wetlands with
the Wooyung and Billinudgel Nature Reserves to the south and koala
habitat to the west . This recognition is not reflected in the
findings and recommendations of these documents.
There is no reference in the EA to the koala's federally-listed
vulnerable status. TCKHS 2011 Koalas Population Viability presents a
number of very alarming statistics regarding predicted localised
extinction of koalas and a viable population size which is well below
the minimum. I believe that the impacts on Pottsville Wetland koalas
will have very serious consequences for their survival and will
significantly impact on the viability of the koala population on the
Tweed Coast.
I therefore believe that the proposal warrants referral to the SEWPC
Minister for impact assessment and Commonwealth approval under the
EPBC Act.
CONCLUSION
I submit that the issues raised in my submission must be assessed in
accordance with the relevant provisions of the EP&A Act and EPBC Act.
Considering the matters referred to in this submission, I submit that
the precautionary principle should be adhered to and the application
should be rejected.
Please note:- the attached maps are modifications of maps copied from
the Tweed Coast Koala Habitat Study 2011 and the Tweed Coast
Comprehensive Koala Plan of Management.
Page 7 of 7
Attachments
Comment
Comment
Murwillumbah
,
New South Wales
Message
As per attached
Attachments
Brian Bycroft
Object
Brian Bycroft
Object
Pottsville
,
New South Wales
Message
The traffic assessment in the report is flawed and grossly underestimates
the traffic impact.
the traffic impact.