Reference document FLORA_AND_FAUNA_ASSESSMENT_RosesRoad_Federal-25_03_07-FF OPW25-0072

                                                                                         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 (NC Act)
         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

 Act, Regulation      Statutory Obligation
 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 Act
 1999                 Unavoidable clearing of protected matters may require referral to the Australian
                      Government Department of Environment, depending upon the determination of whether
                      proposed works trigger the Significant Impact (SI) 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.




36 Roses Road, Federal – Fauna & Flora Assessment                                             9