2022-09-06 P&E Agenda - Item 5 - Attachment 1 - Six Mile Creek Bridge Replacement Offset Report - TMR

Legislation/ policy/plans   Legislative jurisdiction   Intent                                                                             Applicability to proposed action
Draft Guide to nationally   MNES                       National environmental law applies to the removal of paddock trees                 Assessment of MNES against the guide facilitates the
protected species                                      when a 'significant impact' on a nationally protected ecosystem or                 determination of a significant residual impact to
significantly impacted by                              species is likely to occur.                                                        applicable threatened species (such as Koala). This has
paddock tree removal                                   Nationally protected ecosystems include Ramsar wetlands and                        been undertaken where necessary in Section 2 and
(DoEE 2020)                                            ecological communities listed in the critically endangered,                        Appendix A (Section 6.1.2). The following species are
                                                       endangered or vulnerable categories under the EPBC Act. In very                    relevant to the proposed action and included within the
                                                       rare circumstances, these ecosystems may be significantly                          draft guide. The species-specific approval requirements
                                                       impacted by paddock tree removal. Only a very small subset of                      noted in the draft Guideline are identified below:
                                                       nationally protected species may be significantly impacted by                       Regent Honeyeater (Anthochaera phrygia):
                                                       removing paddock trees. In some cases, undertaking mitigation                          Removing Ironbark paddock trees within known
                                                       activities may mean that the removal of paddock trees is lawful and                    breeding areas or frequented visitation sites.
                                                       does not require referral under national environmental law.                         Koala (Phascolarctos cinereus): Removing paddock
                                                       The purpose of the guideline is to assist any person who proposes                      trees where they are habitat critical to the species
                                                       to clear paddock trees to decide whether or not the action may                         survival or provide the only movement
                                                       impact threatened species listed under the EPBC Act and if                             opportunity/refuge to or between areas of habitat
                                                       submission of a referral to the DAWE for a decision by the                             critical to the species survival.
                                                       Australian Government Environment Minister on whether
                                                       assessment and approval is required under the EPBC Act.
                                                       These guidelines outline species-specific actions, to assist persons
                                                       in deciding whether or not referral may be required.
Species recovery plans      MNES                       Recovery plans for listed threatened species and ecological                        Species recovery plans for the following MNES relevant
                                                       communities have been made or adopted under the EPBC Act.                          to this proposed action have been adopted by DAWE
                                                       These plans remain in force until and unless the species is removed                and have been considered as part of this assessment of
                                                       from the threatened list.                                                          likelihood of occurrence and tests of significance (refer
                                                       A recovery plan is a document stating the research and                             Section 2 and Appendix A; Section 6.1):
                                                       management actions necessary to stop the decline, support the                      a)     Macadamia nut (Macadamia integrifolia)
                                                       recovery and enhance the chance of long-term survival in the wild,                 b)     Rough-shelled bush nut (Macadamia tetraphylla)
                                                       of a protected community, animal or plant species.
                                                                                                                                          c)     Regent honeyeater (Anthochaera phrygia)
                                                                                                                                          d)     Mary River cod (Maccullochella mariensis)
                                                                                                                                          Draft recovery plans awaiting adoption under the EPBC
                                                                                                                                          Act and utilised for this report include the following
                                                                                                                                          species:
                                                                                                                                          e)     Australian lungfish (Neoceratodus forsteri)
                                                                                                                                          f)     Grey-headed flying-fox (Pteropus poliocephalus)
                                                                                                                                          Species recovery plans adopted by DAWE are
                                                                                                                                          accessible at the at the following internet location:
                                                                                                                                          http://www.environment.gov.au/cgi-
                                                                                                                                          bin/sprat/public/publicshowallrps.pl



                                                                                              Project number 511784 File Six Mile Creek - Matters of National Environmental Significance Report 2021-12-03 Revision 1   10