MCU16.0099.01, RAL19.0036 & OPW 19.0282.01 - Response to Information Request (final) 10.03.2020 · MCU16/0099.01

3      Provide written confirmation that the details of the lease arrangement with the owner of
       Lot 46 does not require a registered access easement between the end of the proposed
       easement in Lot 46 and the boundary of the NBN compound lease area and that NBN
       maintenance and installation crews have legal right of access over that part of the land.
nbn advises that there is no lease arrangement with the owner of Lot 46 (the access lot) as access
through this lot is to be lawfully undertaken in accordance with the current easement arrangement.
The easement agreement is commercially confidential and is not on public record. As such, nbn is
unable to share details of this agreement.
The current lease arrangement with the land owners of Lot 47 (the subject site) allows lawful access
for construction and maintenance vehicles to reach the site from the shared property boundary. The
applicable access clause within the lease document is referenced below.
    6 Access to the Premises
    6.1 Access
    (a) The Landlord consents to NBN Co and person authorised by NBN Co without the need for prior
    approval and with or without materials, equipment, plant and other apparatus and vehicles entering
    the Land or Adjoining Land (including any access track referred to in clause 6.1(b)) for the purpose
    of using the Premises and installations of NBN Co under this Lease and exercising its rights under
    the Lease at all times of the day and night during the Term.
nbn is able to provide further details on the lease agreement at Council’s request.

4      Provide an updated flora and fauna study that demonstrates the impact of the proposed
       access easement and proposed underground electricity installation on the biodiversity of
       both Lot 46 and Lot 47 on RP 136461. The report should include (but not exclusively)
       consideration of the impact of tunnel boring on standing vegetation and the riverine
       environment and existence or absence of rare and threatened species in a 10 metre wide
       corridor of the proposed works.
An updated Protected Plant Flora Survey Report (PPFSR) is required under the provisions of the
Nature Conservation Act 1992 (Qld) (NC Act), as part of the development is located within a ‘High
Risk area’. As such, the PPFSR (refer Appendix B) has been submitted to the Department of
Environment and Science.
In addition to the survey required under the NC Act, a separate tree survey was undertaken to identify
the trees located within the 10 m wide corridor of the proposed electricity installation route, as
requested by Council (provided in Appendix F of the PPFSR). The purpose of the survey was to
identify the tree root zones to understand the potential impacts of the tunnel boring required to install
power to the approved facility.
Tunnel boring will be undertaken for approximately 105 m in length and will take the form of an arc
with varying depths from pit to pit. The lowest depth of the tunnel boring will be beneath the waterway
bed. It is noted that the required depth of the tunnel boring is unknown at this stage. The depth of the
waterway will be measured to ensure that all tunnel boring occurs below the depth of the waterway. As
such, no impacts on riverine vegetation will occur as a result of the electricity installation.
The tree survey found no threatened species within the 10 m wide corridor, or within the development
footprint. With respect to any impacts on existing vegetation, the survey concluded that the proposed
underground tunnel boring may impact on the tree root zones of seven mature trees. However, the
precise location of tree roots, the extent of the tree root zones and the potential impact of the tunnel
boring can only be confirmed by an arborist on-site during the construction period.




                     Project 247473 File MCU16.0099.01, RAL19.0036 & OPW 19.0282.01 - Response to Information Request (final).docx 2020-03-10 Revision 0 Page 4