UPDATED DA - Attachment 8 - Flora and Fauna Assessment

                                                                                                 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