Reference Document - Flora and Fauna Assessment - 132005.638.04

                                                                                                                     Native Foresters



                    2.0       LEGISLATIVE REQUIREMENTS
                    2.1       Applicable legislation

                    This report was prepared in compliance with the requirements of the following
                    Commonwealth and state legislation:

                    Commonwealth:
                      ● Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

                    State:
                       ● Planning Act 2016 and Planning Regulation 2017
                       ● Vegetation Management Act 1999 (VMA)
                       ● Environmental Offsets Act 2014 and Environmental Offsets Regulation 2014
                       ● Nature Conservation Act 1992 (NCA)
                             o Nature Conservation (Animals) Regulation 2020
                             o Nature Conservation (Plants) Regulation 2020
                       ● Nature Conservation (Koala) Conservation Plan 2017
                             o Nature Conservation and Other Legislation (Koala Protection) Amendment
                                Regulation
                       ● Environmental Protection Act 1999
                            o Environmental Protection Regulation 2019
                            o Environmental Protection (Wetland and Water Biodiversity) Policy 2019
                       ● Biosecurity Act 2016 and Biosecurity Regulation 2016
                       ● Fisheries Act 1994 and Fisheries Regulation 2008
                       ● Coastal Management and Protection Act 1995
                       ● Water Act 2000 and Water Regulation 2016
                       ● Natural Resources and Other Legislation Amendment Act 2019


                    2.2       Clearing requirements applicable to the proposed activity

                    The legislative requirements for the proposed activity are summarised in Table 1.

                    TABLE 1: Applicable legislative requirements

                      Legislation,      Statutory Obligation
                      Regulation or
                      Policy
                      Environment       Are any Protected Matters (MNES or TEC) present ? ☒ YES ☐NO
                      Protection and
                      Biodiversity           -    Impacts to MNES must be avoided in the first instance.
                      Conservation           -    Unavoidable clearing of protected matters may require referral to the Australian
                      Act 1999                    Government Department of Environment, depending upon the determination of
                                                  whether proposed works trigger the Significant Impact criteria.
                                             -    The self-assessment process outlined in the Significant Impact Guidelines 1.1
                                                  EPBC Act 1999 (DoE, 2013) will be required. Refer to section 5.1.




                    Noosa Landfill & Resource Recovery Centre Expansion – Site A, Rev 2 – Fauna & Flora Assessment        9

Document Set ID: 23617066
Version: 1, Version Date: 05/03/2025