Ecology and Bushfire RFI - 21 Jirrima Crescent, Cooroibah

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Response:
A Rehabilitation Plan has been prepared and provided as an attachment to this Response Letter. The
general site information detail included within the Rehabilitation Plan has sought to address items 2.1-
2.4, whilst the remainder of the Plan includes details to address Items 3.1 – 3.3 of the Information
Requested by Council.
The rehabilitation of the full extent of Council’s mapped Riparian Protection Area is not proposed for
several reasons. Most importantly, the rehabilitation of the full extent of the 150m wide Riparian
Protection Area would introduce a new unit of hazardous vegetation within the site that would result
in an unacceptable bushfire risk to the development. In addition, the rehabilitation of the full extent
of the mapped Riparian Protection Area is excessive given the minimal level of impact proposed as the
development has been strategically designed to avoid any impacts to the ecological values of the site.
Therefore, a rehabilitation strategy has been prescribed which is commensurate with the level of
impact proposed.
The Rehabilitation Plan has concentrated rehabilitation management of the immediately flanking
riparian zone of the mapped first order waterway that traverses through the site. The Noosa Plan 2020
defines the Riparian Zone as land which adjoins, directly influences, or is influenced by a body of water.
The Queensland Department of Resources seeks to preserve native vegetation within 10m of the
defining bank of a first order watercourse (refer Table 2 within State Code 16 – Native Vegetation
Clearing) as this is recognised as the critical zone that contributes stability and influences water quality
within the adjoining waterway. The Rehabilitation Plan has therefore used the 10m width as detailed
within State Code 16 to define the Riparian Zone flanking the onsite first order waterway and has
prescribed the proposed rehabilitation works accordingly.
Note that the Rehabilitation Plan relies heavily on Assisted Natural Regeneration as the primary
rehabilitation strategy. This strategy is expected to be highly successful within the site which already
contains framework species indicative of a pre-clearing regional ecosystem 12.3.4 Melaleuca
quinquenervia, Eucalyptus robusta woodland vegetation community. A site inspection in March 2022
observed that there was significant remaining in-situ ecological resilience within the soil seed bank
and persistent native herb species despite the ongoing long term mowing regime. Extensive
experience in the rehabilitation of similar vegetation communities has proven that once the primary
disturbance factor is removed (e.g., mowing, grazing etc.), the ecosystem rapidly re-establishes
without the requirement for revegetation.
Plate 1 below presents a photograph of regrowth contained within the property adjoining the site’s
northern boundary in which mowing/grazing was excluded from the riparian zone approximately five
years ago (as per Nearmap imagery which depicts the area clear of vegetation in May 2017). The area
has naturally regenerated from nearby and soil stored seed sources and includes a diversity of
indicative species such as Melaleuca quinquenervia, Lophostemon suaveolens, Eucalyptus robusta and
Acacia leiocalyx. It should also be noted that the majority of these species are also considered koala
habitat species.




                52A Park Rd Nambour QLD 4560 / Ph: 0428 221 983 / Email: [email protected]

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Plate 1 – Regeneration within adjoining allotment
With regards to item 3.4 sought by Council which seeks the installation of fauna friendly fencing to
eliminate potential domestic animals whilst maintaining the corridor for native fauna. With over 25
years on-ground experience in rehabilitation management and planning, personal observation has
shown that installation of dog-exclusion fencing can have counter-productive results in that the
fencing also excludes macropods. Kangaroos and wallabies will typically use open grassed areas to
feed, whilst preferring dense areas of vegetation to rest and seek shelter from potential predators
(ironically usually dogs). The installation of fencing that excludes domestic animals (primarily dogs)
would also exclude macropods from accessing both the water source and areas of potential shelter. If
the intention is to install fencing that excludes livestock, it is suggested that Council can condition the
approval that the responsibility to fence the rehabilitation area would be the responsibility of the
individual landholder in the event that livestock were introduced into the site.
Issue:
The application material states that the Biodiversity, Waterways and Wetlands Overlay Code will
ensure ongoing protection however Council is not supportive of this approach and would require an
environmental covenant be placed over the mapped Riparian Buffer area to ensure protection and
the continued maintenance of the area. Within the Reconfiguring a Lot Code AO7.9 requires ecological
important areas are formally protected for the long term through an environmental covenant.
Information Required:
4. Amend the application material to include the mapped Riparian Buffer Area as an environmental
Covenant.




                52A Park Rd Nambour QLD 4560 / Ph: 0428 221 983 / Email: [email protected]

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5. Provide an Environmental Covenant Management Report including but not limited to:
5.1. short term and long-term management requirements; and
5.2. requirements for future landowners to manage and adhere to the requirements of the covenant.
Response:
Acceptable Outcome AO7.9 of the Reconfiguring a Lot Code seeks that:
Ecologically important areas are formally protected for the long term through environmental covenant
or transferal to public ownership or through gazettal of a nature reserve.
Pursuant to Section SC1.2 of the Noosa Plan 2020, an Ecologically important area is defined to mean:
 a) an area which contains or is likely to contain listed threatened species and/or ecological
    communities, critical habitat, or listed migratory species as defined by the Environmental
    Protection and Biodiversity Conservation (Cth) Act 1999;
 b) a protected area under the Natural Conservation Act 1992 or Environmental Protection and
    Biodiversity Conservation (Cth) Act 1999;
 c) Endangered and Of Concern Regional Ecosystems under the Queensland Vegetation
    Management Act 1999;
 d) an area which contains or is likely habitat for endangered, vulnerable or near threatened
    species under the Nature Conservation Act 1992;
 e) an area which contains a spring as defined under the Water Act (Qld) 2000;
 f) an area which contains protected marine plants or is defined as a fish habitat area under the
    Fisheries Act 1994;
 g) a legally secured offset area;
 h) an area of remnant or non-remnant native vegetation;
 i) an area with contains flora or fauna species that are regionally significant in South East
    Queensland;
 j) regrowth vegetation that is likely to develop into a Matter of Environmental Significance;
 k) a natural waterway or wetland;
 l) a riparian zone;
 m) riparian vegetation;
 n) an ecological linkage;
 o) an area which contains groundwater dependent ecosystems;
 p) an area which contains vegetation that is under-represented across Noosa Shire’s protected
    areas;
 q) an area which contains vegetation that is locally restricted;
 r) an area which contains habitat for flora and/or fauna species of local significance in Noosa
    Shire;
 s) an area containing significant flora and fauna species that are vulnerable to disturbance; or
 t) an area contains vegetation in an area that has been cleared in contravention of a local law,
    including the former local law.

Consequently, the portions of the Riparian Buffer Area that are defined to be an Ecologically important
area would be limited to the natural waterway, riparian zone and riparian vegetation. For the reasons
provided in response to items 2.1 - 2.4, the riparian zone is the land within 10m of the adjoining
waterway. Therefore, AO9.1 only seeks that any land within 10m of the waterway is formally
protected for the long term through environmental covenant.




                52A Park Rd Nambour QLD 4560 / Ph: 0428 221 983 / Email: [email protected]

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While the extent of protection sought by AO9.1 can now be determined in accordance with the
above, a performance outcome is sought to be relied on in this instance. In this regard, it is sought
that the land within 10m of the waterway will be rehabilitated in accordance with the Riparian
Rehabilitation Plan, however, no covenant be established. In this instance, it is considered that such
an imposition would be an unreasonable requirement and not reasonably required as a
consequence of the development given that there is no development to occur within the riparian
buffer area.
The above-mentioned outcome would comply with Performance Outcome PO7 of the Reconfiguring
a Lot Code in that it will provide for a lot layout and configuration of roads and pathways that
is responsive to:-
     a) the setting of the site within a non-urban context given that it provides for appropriate lot
        sizes in a rural residential setting;
     b) the natural environmental values present on, or adjoining the site by avoiding, maintaining
        and enhancing environmentally important areas applying to the land in accordance with the
        Riparian Rehabilitation Plan that has been prepared for the development;
     c) natural hazard constraints applying to the property by appropriately addressing flooding and
        bushfire constraints; and
     d) the terrain of the land, by minimising the need for any earthworks to occur.
Issue:
A Bushfire Fire Hazard Assessment and Management Plan has been provided that includes figures
however no figure is shown demonstrating the Asset Protection Zone in relation to the building
envelope location.
Information Required:
6. Provide a combined map/figure detailing the following:
6.1. Bushfire overlays;
6.2. Building Envelope; and
6.3. Asset Protection Zone.
Response:
The Plan of Development has been revised accordingly.
Issue:
The State Planning Policy – State Interest Guidance Material (Natural Hazards, Risk and Resilience –
Bushfire) (SPP) requires a 20m wide easement consisting of a 4m wide trafficable area suitable for a
firefighting vehicle with no embankments or retaining walls, an additional 3m on each side of the
driveway clear of vegetation and the balance 10m, a managed area. This means that a 10m wide
corridor clear of vegetation through the riparian buffer is required, and then a further 10m clear of
major surface hazards. See below a copy of Table 2 of the SPP - Bushfire is provided below for
reference. The SPP benchmarks and requirements sit above the Noosa Plan 2020 requirements in
hierarchies. It has been identified that the driveway and waterway crossing does not comply with the
SPP guidance for Bushfire. The application material advises no vegetation will be removed however it
is unknown the extent of vegetation removal and disturbance required to meet SPP requirements.




                52A Park Rd Nambour QLD 4560 / Ph: 0428 221 983 / Email: [email protected]

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Information Required:
7. Ensure compliance with the SPP - State Interest Guidance Material (Natural Hazards, Risk and
Resilience – Bushfire) and Noosa Plan 2020 driveway requirements and provide justification how this
compliance has been met;
8. Amend the application to detail the extent of additional vegetation or other environmental impacts
that would occur to meet compliance with SPP - State Interest Guidance Material (Natural Hazards,
Risk and Resilience – Bushfire) and Noosa Plan 2020 driveway requirements.
9. Include an Ecological Assessment Report detailing the potential impacts to the environment in
particular the mapped riparian buffer and waterway.
10. Detail if vegetation or environmental impacts are to occur how they comply with the SPP in the
first instance and followed by Noosa Plan 2020 and how they will be mitigated or managed.
Response:
It is acknowledged that the submitted Bushfire Hazard Assessment and Management Plan references
the Assessment Benchmarks contained within the SPP - State Interest Guidance Material (Natural
Hazards, Risk and Resilience – Bushfire). The Assessment Benchmarks have typically been referenced
to demonstrate compliance with elements of Council’s Bushfire Hazard Overlay Code such as PO1 and
PO6. Section 2.1 of the Noosa Plan 2020 states that “the Planning Minister is satisfied that the State
Planning Policy (SPP) dated July 2017 has appropriately integrated the Natural hazards, risk and
resilience (Bushfire) provision in the Noosa Council's planning scheme”. Therefore, the Planning
Minister is satisfied that the Performance Objectives and the Acceptable Outcomes detailed within
the Bushfire Hazard Overlay code meet the objectives of the SPP for bushfire.
The Table reproduced from the SPP Guidance Material in Council’s Information request details the
requirements for a dedicated fire trail which is provided specifically for the purpose of firefighting. As
detailed in Section 6.3 of the Bushfire Hazard Assessment and Management Plan submitted with the
application, no formal firebreaks are proposed or deemed warranted within the development. The
proposed access driveway conveys traffic through a generally low hazard area (including the waterway
crossing) and in the opposite direction to the likely source of bushfire to the west. Therefore, the
requirement to replicate the fire trail design parameters detailed in the SPP Guidance Material is
considered excessive and is not warranted in this instance. The existing waterway crossing is
considered sufficient from a bushfire hazard perspective and no vegetation clearing is proposed or
required to mitigate potential bushfire impacts at the waterway crossing point.
Issue:
The State Planning Policy – State Interest Guidance Material (Natural Hazards, Risk and Resilience –
Bushfire) (SPP) requires a reticulated water supply area or a dedicated static water supply available
solely for firefighting purposes. It is noted that swimming pools, farm dams and ponds are not
considered reliable. It is noted within the Bushfire Hazard Assessment and Management Plan that a
permanent dam is to be utilised as the water supply. In addition the proposed dam used for firefighting
purposes is a part of the riparian buffer and waterway which would put the flora and fauna at risk if
used/drained for firefighting activities.
Information Required:
11. Amend the application material including the Bushfire Hazard Assessment and Management Plan
to include a reliable and dedicated source of firefighting water that meets the outcomes of the SPP –
State Interest Guidance Material – Bushfire.




                52A Park Rd Nambour QLD 4560 / Ph: 0428 221 983 / Email: [email protected]

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Response:
As stated above, Section 2.1 of the Noosa Plan 2020 states that “the Planning Minister is satisfied that
the State Planning Policy (SPP) dated July 2017 has appropriately integrated the Natural hazards, risk
and resilience (Bushfire) provision in the Noosa Council's planning scheme”. Therefore, the Planning
Minister is satisfied that the Performance Objectives and the Acceptable Outcomes detailed within
the Bushfire Hazard Overlay code meet the objectives of the SPP for bushfire. Given the volume of
permanent water available within the onsite dams and waterway, water supply provision is expected
to far exceed that required by the SPP.


If you have any questions regarding this matter, please contact me on 0428 221 983.
Sincere regards,




Nick Willis - B. Sc., Dip. CLM, mAABR, mEIANZ – Director/Principal Ecologist




                52A Park Rd Nambour QLD 4560 / Ph: 0428 221 983 / Email: [email protected]