Appendix M - Ecology Report

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                               Table 5 Federal Legislative Overview

  FEDERAL LEGISLATION
  Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  The EPBC Act facilitates Australia’s commitment to signed international agreements by requiring
  Federal assessment and approval of proposals that may ‘significantly impact’ upon MNES. Under
  this legislation, a ‘self- assessment’ is required to ascertain the necessity to refer the Matter to
  the Department of Environment (DotEE).
  The EPBC Act Policy Statement 1.1, the ‘Significant Impact Guidelines’ further lists a set of
  ‘significant impact criteria’ for each of the 8 listed matters of national environmental significance.
  The matters of national environmental significance which are applicable to the proposed works
  include the potential to impact upon:
       Wetlands of International Significance;
       Listed threatened Ecological Communities;
       Listed threatened species; and
       Migratory species protected under international agreements.
  These matters and each species recorded or likely to occur on the site has been assessed against
  the significant impact guidelines. For fauna and flora species, their likely presence within the site
  and any impact resultant of the proposed works has been considered.
  The EPBC Protected Matters search result indicated that the site is upstream of the Great
  Sandy Strait declared RAMSAR site (40-50 km upstream) and that a Critically Endangered
  Ecological Community may occur within proximity to the area. The Ecological Community is
  described as Lowland Rainforest of Subtropical Australia.
  The site inspection determined that this Critically Endangered Ecological Community was not
  present within the site. The complete EPBC Act Protected Matters Search record is attached in
  Appendix B of this report. It is UNLIKELY that the proposal will require referral to the DotEE.


5.3    Queensland Government Legislative, Planning and Policy Overview
The Queensland Government provides a framework of legislation to ensure the protection of
Queensland’s environment, land, water and natural resources. Table 6, below, outlines the
Queensland Government legislation, planning provisions and policy as they apply to development of
the site.




 REF:S50335ER001_rev a                         10 & 22 Rose Gum Road and 521 Elm Street, Black Mountain
                                                                        Detailed Ecological Assessment