Referral of proposed action Project title: Arnot Creek Bridge upgrade 1 Summary of proposed action NOTE: You must also attach a map/plan(s) and associated geographic information system (GIS) vector (shapefile) dataset showing the location and approximate boundaries of the area in which the project is to occur. Maps in A4 size are preferred. You must also attach a map(s)/plan(s) showing the location and boundaries of the project area in respect to any features identified in 3.1 & 3.2, as well as the extent of any freehold, leasehold or other tenure identified in 3.3(i). 1.1 Short description 1.2 Latitude and longitude Latitude and longitude details are used to accurately map the boundary of the proposed action. If these coordinates are inaccurate or insufficient it may delay the processing of your referral. The project comprises replacement of an existing bridge and culvert at Arnot Creek, on the Bruce highway approximately 12.77km north of Ingham. (Refer Figures 1-3) The existing bridge and the culvert on the northern side of the bridge is damaged and is in need of urgent replacement for public safety. The existing pavement width will be extended, and a temporary side track will need to be constructed on the eastern side of the existing alignment. Existing 11Kv power lines will require temporary relocation. The total project area is estimated at approximately 11,210 m2 (1.12ha). It is estimated that up to 3,315m2 (0.33ha) of remnant vegetation will need to be cleared to provide the necessary minimum clearances from the side track and power poles. The power poles will be restored to their existing location and the cleared areas will be revegetated post-construction. The new bridge will incorporate a dry passage underpass for cassowaries. Latitude location point centre point degrees -18 Longitude minutes 33 seconds 33.54 degrees 146 minutes 11 seconds 04.50 The Interactive Mapping Tool may provide assistance in determining the coordinates for your project area. If the area is less than 5 hectares, provide the location as a single pair of latitude and longitude references. If the area is greater than 5 hectares, provide bounding location points. There should be no more than 50 sets of bounding location coordinate points per proposal area. Bounding location coordinate points should be provided sequentially in either a clockwise or anticlockwise direction. If the proposed action is linear (e.g. a road or pipeline), provide coordinates for each turning point. Also attach the associated GIS-compliant file that delineates the proposed referral area. If the area is less than 5 hectares, please provide the location as a point layer. If greater than 5 hectares, please provide a polygon layer. If the proposed action is linear (e.g. a road or pipeline) please provide a polyline layer (refer to GIS data supply guidelines at Attachment A). Do not use AMG coordinates. 1.3 Locality and property description Provide a brief physical description of the property on which the proposed action will take place and the project location (eg. proximity to major towns, or for off-shore projects, shortest distance to mainland). The subject site is located where Arnot Creek is crossed by the Bruce Highway approximately 12km north of Ingham, Queensland in the Hinchinbrook Regional Council area. The clearing is proposed for part of the following Lots: 8/RP719840 (south east) 1/RP732874 (north east) part of Arnot Creek watercourse – segment 39585 parcel 69 part of the Bruce Highway road reserve – segment 39580 parcel 85 001 Referral of proposed action v August 2015 Page 5 of 16 1.4 Size of the development footprint or work area (hectares) The total size of the development footprint is 11,210 m2 (1.12ha), which includes the existing section of Bruce Highway and a cleared road reserve. Actual area of vegetation clearing amounts to approximately 0.33ha. The balance of the work area is within the existing Bruce Highway and associated slashed road reserve 1.5 Street address of the site 50950 Bruce Highway, Bemerside, Qld, 4850 (via Ingham). 1.6 Lot description Describe the lot numbers and title description, if known. The clearing is proposed for part of the following Lots: • 8/RP719840 (south east) • 1/RP732874 (north east) • part of Arnot Creek watercourse – segment 39585 parcel 69 • part of the Bruce Highway road reserve – segment 39580 parcel 85 1.7 Local Government Area and Council contact (if known) If the project is subject to local government planning approval, provide the name of the relevant council contact officer. Hinchinbrook Regional Council, not subject to local government planning approval 1.8 Time frame Specify the time frame in which the action will be taken including the estimated start date of construction/operation. April –December 2016 1.9 Alternatives to proposed action Were any feasible alternatives to taking the proposed action (including not taking the action) considered but are not proposed? √ The following alternatives were considered: • • • • • • Option 1 do nothing Option 2 repair deck units of existing bridge Option 3 replace superstructure and encase piles of existing bridge Option 4 replace entire bridge on existing alignment Option 5 replace entire bridge on new alignment Option 6 replace entire bridge on existing alignment with raised deck level These options are discussed in section 2.2 below 1.10 1.11 1.12 1.13 Alternative time frames etc Does the proposed action include alternative time frames, locations or activities? √ State assessment Is the action subject to a state or territory environmental impact assessment? √ Component of larger action Is the proposed action a component of a larger action? √ Related actions/proposals Is the proposed action related to other actions or proposals in the region (if known)? √ 1.14 001 Referral of proposed action v August 2015 No, work must be completed before the 2016-2017 wet season Yes, you must also complete Section 2.3. For each alternative, location, time frame, or activity identified, you must also complete details in Sections 1.2-1.9, 2.4-2.7 and 3.3 (where relevant). No Yes, you must also complete Section 2.5 No Yes, you must also complete Section 2.7 No Yes, provide details: No Page 6 of 16 Australian Government funding Has the person proposing to take the action received any Australian Government grant funding to undertake this project? 1.15 Great Barrier Reef Marine Park Is the proposed action inside the Great Barrier Reef Marine Park? 001 Referral of proposed action v August 2015 √ √ Yes. This project is being partially funded by the Federal Government, via the Department of Infrastructure and Regional Development (DIRD). These works form part of Queensland Infrastructure Investment Program, receiving 80% funding from the Australian Government, with the balance funded by the Queensland Department of Transport and main Roads (TMR). No Yes, you must also complete Section 3.1 (h), 3.2 (e) Page 7 of 16 2 Detailed description of proposed action NOTE: It is important that the description is complete and includes all components and activities associated with the action. If certain related components are not intended to be included within the scope of the referral, this should be clearly explained in section 2.7. 2.1 Description of proposed action This should be a detailed description outlining all activities and aspects of the proposed action and should reference figures and/or attachments, as appropriate. The proposed scope of works include: • Remove existing culvert and bridge (and piles) • Replace entire bridge (substructure and superstructure) • Existing 20m span deck to be replaced with a 25m span deck • Replace existing box culvert with a new culvert of identical dimensions • Pavement transition (right hand side) at approaches to join the formation of the new bridge • Side track to be constructed for use during the construction • Pavement widening to incorporate a wide centre line • Construction to be scheduled to avoid wet season • Clearing of approximately 0.33ha remnant vegetation • Temporary relocation of 11Kv powerlines • Post construction revegetation and weed management Figure 1 below shows the project location in the Hinchinbrook Shire, north Queensland. 001 Referral of proposed action v August 2015 Page 8 of 16 Figure 1: Location of project area 001 Referral of proposed action v August 2015 Page 9 of 16 2.2 Alternatives to taking the proposed action This should be a detailed description outlining any feasible alternatives to taking the proposed action (including not taking the action) that were considered but are not proposed (note, this is distinct from any proposed alternatives relating to location, time frames, or activities – see section 2.3). The following alternatives were considered: • • • • • • Option Option Option Option Option Option 1 2 3 4 5 6 do nothing repair deck units on existing bridge replace superstructure and encase existing piles replace entire bridge on existing alignment replace entire bridge on new alignment replace entire bridge on existing alignment with raised deck level The existing highway bridge over Arnot Creek is significantly deteriorated and is in need of urgent and immediate replacement. The remaining life of the superstructure has been calculated as 1-2 years. Substructure was also found to be significantly deteriorated. Attempted repairs to stressing bars identified significant damage to the deck unit, and further tensioning of the replacement bars would likely lead to further damage. In consideration of the extent of deterioration, remaining lifespan, and the relative engineering, environmental and operational risks, it was concluded that Option 4 was considered the most viable option. 2.3 Alternative locations, time frames or activities that form part of the referred action If you have identified that the proposed action includes alternative time frames, locations or activities (in section 1.10) you must complete this section. Describe any alternatives related to the physical location of the action, time frames within which the action is to be taken and alternative methods or activities for undertaking the action. For each alternative location, time frame or activity identified, you must also complete (where relevant) the details in sections 1.2-1.9, 2.4-2.7, 3.3 and 4. Please note, if the action that you propose to take is determined to be a controlled action, any alternative locations, time frames or activities that are identified here may be subject to environmental assessment and a decision on whether to approve the alternative. Options 1-3 were considered in the ‘Business case: Arnot Creek Bridge BIS #7490 Road 10N) and rejected for the reasons described above. Option 5 was to build a new bridge on a new alignment. Any alternative route would require clearing high quality agricultural land, remnant vegetation and significantly greater timeframes and expense to build a new section of highway. The timeframes would exceed the operational lifespan of the existing bridge. It is proposed to undertake the works during the 2016 dry season to ensure minimum interruptions to works. Constructing during the wet season (December-April) would require the side track being constructed to existing levels of flood immunity, which would also require construction of a bridge. 2.4 Context, planning framework and state/local government requirements Explain the context in which the action is proposed, including any relevant planning framework at the state and/or local government level (e.g. within scope of a management plan, planning initiative or policy framework). Describe any Commonwealth or state legislation or policies under which approvals are required or will be considered against. The project does not trigger assessment against the local planning scheme. Under Schedule 4, table 4, item 1 of the Sustainable Planning Regulation 2009, operational work carried out on or behalf of TMR is not assessable development against a planning scheme. The proposed side track and temporary relocation of the 11kV line will require the removal of approximately 0.31ha of vegetation identified on the Regulated Vegetation Management Map and Vegetation Management Supporting map as ‘Of Concern’ Category B (remnant) vegetation that is Essential habitat for the mahogany glider and southern cassowary. Pursuant to Schedule 24, Part 1 (11) of the Sustainable Planning Regulation 2009, clearing of native vegetation is not assessable where the clearing is for the construction or maintenance of community infrastructure 001 Referral of proposed action v August 2015 Page 10 of 16 mentioned in schedule 2 (Item 4: Operational work that is the clearing of native vegetation on a road) that is government supported transport infrastructure. In addition, under the Land Act 1994, there is an exemption for clearing remnant vegetation carried out by a local government or the department that administers the Transport Infrastructure Act 1994 and (a) necessary for constructing and maintaining road infrastructure or sourcing construction material for roads. There are also exemptions for clearing remnant vegetation identified on a Regional Ecosystem map for a Statecontrolled road under the Transport Infrastructure Act 1994— (a) road works carried out on the Statecontrolled road; or (b) ancillary works and encroachments carried out under section 50 of the Act. The project is therefore exempt from provisions of the State Development Assessment Provisions (SDAP), Module 8 (Native vegetation clearing). As a government department declared under the Public Service Act 2008, TMR are exempt from the requirement for a Riverine Protection Permit pursuant to the Queensland Water Act 2000, if the Minimum Requirements of the ‘Riverine protection permit exemption requirements’ are met. These exemptions apply if excavation is less than 500 cubic metres and placement of fill is less than 150 cubic metres. Tidal Works A small portion of the proposed clearing area falls within the Coastal Management District (CMD) as detailed within the Coastal Protection and Management Act 1995 (Figure 2). Arnot Creek is under tidal influence at the Bruce Highway and marine plants occur both above and below the existing bridge. The ambient dry season flow level below the bridge is 0.55m AHD, while the Mean High Water Spring (MHWS) level is 1.28m AHD. No tidal works (including prescribed tidal works), whether new works, or extensions or alterations to existing structures, may be carried out in, on, or above land under tidal water in Queensland without a development approval in the form of a development permit issued under the Sustainable Planning Act 2009 (SPA). Under the Sustainable Planning Regulation 2009, Schedule 3 Part 1 Table 4 Item 5, assessable development within a coastal management district includes operational works that are tidal works or works within a CMD as listed under item 5 b). This activity does not involve any activity listed under table 4, item 5, therefore, the operational works is not assessable development. However, Schedule 3 Part 1 Table 4 Item 1 notes that clearing vegetation on freehold land or on a road requires code assessment and approval under the SPA will be required. The project will also be assessed against the ‘Prescribed coastal works code’. The application for development below high water mark must include land owners consent. Local government is the assessment manager for tidal works that start within and are completely or partly within a local government tidal area and not within the tidal area of strategic port land. (https://www.ehp.qld.gov.au/coastal/development/tidal-land/prescribed_tidal_work__assessed_by_local_government.html) A new development permit is also required for demolition of a structure in a tidal area. Some clearing of marine plants will be required, which would require a permit under the Fisheries Act 1994. However, under the Sustainable Planning Regulation 2009, Schedule 3 Part 1 Table 4 Item 5, the removal, destruction or damage of a marine plant is self-assessable if it is reasonably necessary for the maintenance of a road. Since the self-assessable code excludes widening in any dimension or for clearing beyond 5m of the structure, a permit to remove marine plants under the Fisheries Act 1994 will be necessary for this project. Figures 2, 3 and 4 show the extent of work, location of the new bridge and indicative location of the side track. Clearing will need to accommodate the side track, necessary roadside clearances and relocation of the Ergon power line, necessitating the clearing of 3,315m2 (0.33ha) of remnant vegetation. Figure 2 shows the mapped extent of remnant vegetation. The actual boundary of remnant vegetation is obvious when compared to the proposed clearing footprint. Figure 3 shows the mapped extent of watercourses, the boundary of the coastal management district and the extent of the Highest Astronomical Tide (HAT), overlaid with the proposed clearing footprint. Figure 4 shows the mapped extent of Essential Habitat for the endangered mahogany glider and southern cassowary, overlaid with the proposed clearing footprint. Site investigations eliminated the likelihood of the eastern portion being habitat for mahogany gliders. 001 Referral of proposed action v August 2015 Page 11 of 16 Figure 2: Extent of mapped remnant vegetation at Arnot Creek 001 Referral of proposed action v August 2015 Page 12 of 16 Figure 3: Extent of watercourses and Coastal Management District trigger areas 001 Referral of proposed action v August 2015 Page 13 of 16 Figure 4: Extent of Essential habitat (Qld Vegetation Management Act 1999) 001 Referral of proposed action v August 2015 Page 14 of 16 2.5 Environmental impact assessments under Commonwealth, state or territory legislation If you have identified that the proposed action will be or has been subject to a state or territory environmental impact statement (in section 1.11) you must complete this section. Describe any environmental assessment of the relevant impacts of the project that has been, is being, or will be carried out under state or territory legislation. Specify the type and nature of the assessment, the relevant legislation and the current status of any assessments or approvals. Where possible, provide contact details for the state/territory assessment contact officer. Describe or summarise any public consultation undertaken, or to be undertaken, during the assessment. Attach copies of relevant assessment documentation and outcomes of public consultations (if available). Not Applicable 2.6 Public consultation (including with Indigenous stakeholders) Your referral must include a description of any public consultation that has been, or is being, undertaken. Where Indigenous stakeholders are likely to be affected by your proposed action, your referral should describe any consultations undertaken with Indigenous stakeholders. Identify the relevant stakeholders and the status of consultations at the time of the referral. Where appropriate include copies of documents recording the outcomes of any consultations. Previous consultation regarding this area has been undertaken with Mark Parsons (Department of National Parks, Sport and Racing) regarding the values of the site for mahogany gliders and southern cassowaries, including sighting records of cassowaries at this location. In accordance the guidelines provided in the Queensland Aboriginal Cultural Heritage Act 2003 Duty of Care Guidelines, a survey to determine if Indigenous Cultural Heritage exists has been undertaken. This survey found that a Cultural Heritage Management Agreement needs to be developed with the local traditional owners and thee recommendations incorporated into the final project delivery methodology. 2.7 A staged development or component of a larger project If you have identified that the proposed action is a component of a larger action (in section 1.12) you must complete this section. Provide information about the larger action and details of any interdependency between the stages/components and the larger action. You may also provide justification as to why you believe it is reasonable for the referred action to be considered separately from the larger proposal (e.g. the referred action is ‘stand-alone’ and viable in its own right, there are separate responsibilities for component actions or approvals have been split in a similar way at the state or local government levels). The previously stated components of this project represent the entirety of the project and it does not constitute a component of a larger project. The project is a stand-alone project initiated by the Queensland Department of Transport and main Roads and not by an external customer. 001 Referral of proposed action v August 2015 Page 15 of 16 3 Description of environment & likely impacts 3.1 Matters of national environmental significance Describe the affected area and the likely impacts of the proposal, emphasising the relevant matters protected by the EPBC Act. Refer to relevant maps as appropriate. The interactive map tool can help determine whether matters of national environmental significance or other matters protected by the EPBC Act are likely to occur in your area of interest. Your assessment of likely impacts should refer to the following resources (available from the Department’s web site): • specific values of individual World Heritage properties and National Heritage places and the ecological character of Ramsar wetlands; • profiles of relevant species/communities (where available), that will assist in the identification of whether there is likely to be a significant impact on them if the proposal proceeds; • Significant Impact Guidelines 1.1 – Matters of National Environmental Significance; and • associated sectoral and species policy statements available on the web site, as relevant. Your assessment of likely impacts should consider whether a bioregional plan is relevant to your proposal. The Minister has prepared four marine bioregional plans (MBP) in accordance with section 176. It is likely that the MBP’s will be more commonly relevant where listed threatened species, listed migratory species or a Commonwealth marine area is considered. Note that even if your proposal will not be taken in a World Heritage area, Ramsar wetland, Commonwealth marine area, the Great Barrier Reef Marine Park or on Commonwealth land, it could still impact upon these areas (for example, through downstream impacts). Consideration of likely impacts should include both direct and indirect impacts. 3.1 (a) World Heritage Properties 001 Referral of proposed action v August 2015 Page 16 of 16 Description Great Barrier Reef The proposed bridge construction and vegetation clearing is located approximately 16km inland from the coast. Arnot creek is a tributary of the Seymour River that enters the Hinchinbrook Channel which is not within the Great Barrier Reef Marine Park but is within the Great Barrier Reef World Heritage Area, so this world heritage property is a receiving environment. Wet Tropics The project area is located within the Wet Tropics Bioregion but not within the Wet Tropics World Heritage area, which is 3.38km away at its nearest point. The lower reaches of Arnot Creek are within the boundaries of the Wet Tropics World Heritage area, approximately 9.14km downstream. Therefore this world heritage property is a receiving environment. Nature and extent of likely impact Address any impacts on the World Heritage values of any World Heritage property. The total vegetation clearing footprint is 0.33ha in area, of which approximately 150m2 (0.015ha) may be within a tidal area. Clearing within a tidal watercourse and its defining banks will be unavoidable. Although TMR are exempt from requiring a Riverine Protection Permit, this exemption conditions described in the DNRM document ‘Riverine protection permit exemption requirements’ (WSS/2013/726 Version 1.01 endorsed 2014) requires the following conditions to limit potential impacts: • • • • • • • • • • • • • • The extent of the area required to carry out the permitted activity must be limited to the minimum area necessary to reasonably carry out the works. Sediment and erosion controls must be used. All areas of disturbed bed and banks must be stabilised to protect against erosion. All fill placed must be free from contamination (e.g. weeds seeds, oils, chemicals and other contaminants). Disturbed banks must be returned to a profile similar to the pre-disturbance condition. Natural stream bed controls or features that create natural waterholes (e.g. riffles, logs, sediment or rock bars) must not be lowered or removed. Any excavated material that is not removed as waste must be spread evenly within the bed and banks of the watercourse so that it does not interfere with the flow of water. All fill placed in the bed of the stream must not redirect flow into an adjacent bank. Access tracks or crossings must not interfere with the low flow of water. The invert of culverts or the deck height of a splash through crossing must be placed at or below bed level. All culverts placed within the watercourse must be aligned with the stream channel and placed as close to the centre of the watercourse channel as practical. All culverts placed within the watercourse must be of a sufficient size to ensure uninterrupted low flows and minimise the occurrence of blockage of culverts caused by flood-borne debris. Constructed access tracks (e.g. culverts or splash through crossings) must be provided with a scour apron and cut off wall on the downstream side sufficient to prevent bed erosion. All disturbed areas must be revegetated with trees, shrub and grasses endemic to the area, sufficient to re-establish a riparian environment and protect bed and banks from erosion. Clearing within the watercourse zone will be undertaken in accordance with these conditions. In consideration of these provisions and TMR’s Standard Specifications for Environmental Management and Erosion and Sediment Control this project is considered unlikely to have any impacts on the World Heritage values of the Great Barrier Reef or Queensland Wet Tropics World Heritage properties. 001 Referral of proposed action v August 2015 Page 17 of 16 3.1 (b) National Heritage Places Description The Great Barrier Reef and Wet Tropics of Queensland are both listed as national Heritage properties and are described in Section 3.1(a) above. Nature and extent of likely impact Address any impacts on the National Heritage values of any National Heritage place. Potential impacts on the Great Barrier Reef and Wet Tropics of Queensland are described in Section 3.1(a) above. 3.1 (c) Wetlands of International Importance (declared Ramsar wetlands) Description The EPBC Protected Matters Search did not identify any Ramsar wetlands in, adjacent to or in the receiving environment of the Arnot Creek project area. The search identified two Nationally Important Wetlands adjacent to the project area. Although the Hinchinbrook Channel occurs downstream of the site (via the Seymour River), the portion of Arnot Creek within the project area is defined as being part of the Herbert River Floodplain. Nature and extent of likely impact Address any impacts on the ecological character of any Ramsar wetlands. This project will not impact on any Ramsar wetlands or Nationally Important Wetlands 3.1 (d) Listed threatened species and ecological communities 001 Referral of proposed action v August 2015 Page 18 of 16 Description The EPBC Protected Matters Search identified the threatened community ‘Broad leaf tea-tree (Melaleuca viridiflora) woodlands in high rainfall coastal north Queensland’ as potentially occurring, however, site investigations confirmed this ecological community does not occur within or adjacent to the site. An assessment of terrestrial flora and fauna identified in the EPBC protected matters search for the site are listed below in Table 1. Species exclusively reliant on a marine habitat have been excluded from the assessment. Table 1: Assessment of threatened flora and fauna species potentially occurring within the project area Species Common Name EPBC Status1 Habitat Level of Impact4 E This member of the pea family is a prostrate trailing annual or short-lived trailing perennial herb which dies back each year (Hacker 1990). Known only from the Cape York and Northern Gulf NRM regions, this legume occurs in grassy woodlands of Melaleuca-Acacia, Eucalyptus-Callitris and Eucalyptus-Corymbia woodlands on sandy soils derived from granite with a lower horizon of impeded drainage (DoE 2015a). LOW: Suitable habitat does not occur Arnot Creek is a significant distance from the nearest known locality. We conclude no impact is predicted as a result of the Project. E A terrestrial orchid with a subterranean tuber that produces a tall hollow leaf at the onset of the wet season. A flower spike emerges producing 5-30 reddish-black, slightly nodding flowers. It is known from a 25km long area of Melaleuca viridiflora woodland on poorly drained coastal sands between Sunday Creek and Five Mile Creek between the Cardwell Range and Cardwell (DoE 2015b). LOW: This orchid occurs outside the area to be impacted by the proposed works, and is in a very different vegetation community and soil type. We conclude no impact is predicted as a result of the Project. V This climbing fern has fronds 50-300mm long and is known to occur as an epiphyte at higher altitudes (DoE 2015c). It has only been collected once in 1926 from an unknown location in Rockingham Bay near Cardwell at an elevation of 4,000 feet (1,219m) (Kramer & McCarthy 1998, DoE 2015c). LOW: The only climbing ferns located within the proposed works site were Lygodium spp. The location is on a lowland alluvial plain, at a much different elevation and vegetation type than the specimen previously collected in 1926. We conclude no impact is predicted as a result of the Project. PLANTS Cajanus mareebensis Genoplesium tectum Lindsaea pulchella var. blanda Cardwell midge orchid 001 Referral of proposed action v August 2015 Page 1 of 16 Myrmecodia beccarii Phaius australis Phalaenopsis rosenstromii Streblus pendulinus ant plant swamp orchid Mt Spec orchid Siah's Backbone V This distinctive epiphytic plant known as ‘ant plant’ occurs primarily in broad leaved paperbark (Melaleuca viridiflora) open woodland on alluvial plains, or mangrove communities (Calvert et al. 2005). They use a range of host species including Melaleuca viridiflora, M. quinquenervia, M. leucadendra (Pers.obs), beach wattle (Acacia crassicarpa), or various mangroves (Calvert et al. 2005). In the Townsville-Cardwell part of its range, ant plant is normally found in association with a number of other epiphytic plants, particularly button orchid (Dischidia nummularia) and tea tree orchid (Cepobaculum canaliculatum, formerly Dendrobium canaliculatum) (Calvert et al 2005). LOW: There are no known records of Ant plants in the area between Ingham and the Cardwell Range and the proposed works are in a different vegetation community than that known to contain ant plants. The only potential host plants located within the proposed footprint were M. leucadendra. Although potential host trees were located, only a single tea tree orchid was located. Although extensive searches were conducted for the very distinctive and easily seen ant plant, there were no specimens found. We conclude no impact is predicted as a result of the Project. E Phaius australis is known to occur in southern Queensland and northern NSW (Benwell 1994). The distribution has been tentatively described as being north from Port Macquarie to the Barron River in north Queensland, although it is extremely rare in the latter region (only 1 or 2 records) and the populations are now thought to be destroyed (Benwell 1994). It is usually associated with coastal wet heath/sedgeland wetlands, swampy grassland or swampy forest, and often where Broad-leaved paperbark or Swamp mahogany are found (Barry 2005). LOW: Although the site does contain some habitat characteristics, the only herbarium records from Nth Qld are both from high altitudes. Intensive searches of suitable habitat within the alignment did not locate any specimens of this highly distinctive plant. We conclude it is Unlikely to Occur within the proposed alignment. No impact is predicted as a result of the Project. E Formerly known as P. amabilis, this is an epiphytic orchid known to grow in trees, rarely on rocks, in humid airy situations on sheltered slopes and in gullies, in deep gorges and close to streams in rainforests, at altitudes from 200–500 m (Jones 2006). LOW: The site does not contain the preferred habitat characteristics of this species. We conclude it is Unlikely to Occur within the proposed alignment. No impact is predicted as a result of the Project. E Recorded as Streblus brunonianus. Streblus pendulinus occurs from Cape York Peninsula to Milton, south-east New South Wales (NSW), as well as Norfolk Island. It is found in warmer well developed rainforests, including gallery forest and drier, more seasonal rainforest, chiefly along watercourses (DoE 2015d). Specimens are known from Clemant State Forest and Ollera Creek rainforest, and the Wildlife Online records show a specimen has been collected within 5km of the Arnot Crk site. LOW: Although conditions within the site are suitable for this species, an intensive search failed to locate any specimens. We conclude that it is Unlikely to Occur within the project footprint, however, it may potentially occur in adjacent habitat. No impact is predicted as a result of the Project. E The Lace-eyed tree frog occurs throughout the Wet Tropics Bioregion from Paluma to Cooktown, northern Queensland, at altitudes between 0 and 1,200m. It is associated with rainforests and rainforest margins. In montane areas the species prefers fast-flowing rocky streams although they also frequent slower watercourses where ample vegetation exists along the margins. At low elevations, the Lace-eyed Tree Frog favours rock soaks, narrow ephemeral streams and rock outcrops in larger watercourses (DoE 2015e). LOW: The site does not contain the preferred rocky habitat of this species. No impact is predicted as a result of the Project. AMPHIBIANS Litoria dayi Australian lace-lid 001 Referral of proposed action v August 2015 Page 2 of 16 Litoria nannotis Litoria rheocola waterfall frog common mistfrog E This species is patchily distributed across the Wet tropics of north-eastern Queensland across an altitudinal range of 1001,300m. It inhabits fast flowing streams in rainforest and adjacent sclerophyll forest (Hoskin & Hero 2008). LOW: The site does not contain the preferred stream characteristics that provide habitat for this species. No impact is predicted as a result of the Project. E The Common mistfrog occurs from Broadwater Creek National Park (north of Ingham) to Amos Bay (south of Cooktown) in northern Queensland, at altitudes between 0 and 1,180m above sea level. The species is restricted to fast flowing rocky creeks and streams in rainforest and wet sclerophyll forest (DoE 2015f). LOW: The site does not contain the preferred the fast flowing rocky stream habitat of this species. No impact is predicted as a result of the Project. V The distribution of the Yakka skink extends from the coast to the hinterland of sub-humid to semi-arid eastern Queensland. Locations range from the Queensland/New South Wales border to Cape York Peninsula. It is known to occur in open dry sclerophyll forest, woodland and scrub and within these habitats is commonly found in cavities under and between partly buried rocks, logs or tree stumps, root cavities and abandoned animal burrows. In cleared habitat, this species can persist where there are shelter sites such as raked log piles, deep gullies, tunnel erosion/sinkholes and rabbit warrens (DoE 2015g). This species has not been recorded from the Ingham region. LOW: The dry open woodland community considered to represent suitable habitat does not occur on site, and there are no records of this species in the Ingham region. No impact is predicted as a result of the Project. The Southern Cassowary occurs in Cape York and the Wet tropics. In the Wet tropics, the Southern Cassowary occurs between Cooktown and Townsville, being distributed throughout the coastal, hinterland and tableland areas south to the Bluewater Range (north of Townsville). Although widely distributed in this area, it occurs patchily at both the local and regional scale. It generally requires dense tropical rainforest (such as complex/non-complex notophyll/mesophyll vine forest) and associated habitat (such as mangrove Melaleuca, eucalypt woodland, swamp and swamp forest), that provides a yearround supply of fleshy fruit (DoE 2015h). MODERATE: Arnot Creek is regarded as a seasonal movement corridor and vegetation on both sides of the highway are mapped as ‘Essential habitat’ under the Vegetation Management Act 1999 for this species. Improvement of the fauna underpass will allow improved passage under the highway, and cleared vegetation will be replaced with revegetation. When assessed against the Significant Impact Guidelines for the Southern Cassowary (DEWHA 2010), the project exceeds the thresholds by undertaking: • Any clearing in a watercourse within, adjacent or linking between areas of potential cassowary habitat, • Any road, trail, or other access point, construction or upgrade REPTILES Egernia rugosa yakka skink BIRDS Casuarius casuarius johnsonii Southern cassowary E 001 Referral of proposed action v August 2015 Page 3 of 16 Erythrotriorchis radiatus Pelagodroma marina Poephila cincta cincta Rostratula australis Tyto novaehollandiae kimberlii Red goshawk Whitebellied storm petrel Blackthroated finch Australian painted snipe Masked owl V The Red goshawk occurs in coastal and sub-coastal areas in wooded and forested lands of tropical and warm-temperate Australia (Marchant & Higgins 1993). It nests in large trees, frequently the tallest and most massive in a tall stand, and nest trees are invariably within 1km of permanent water. Habitat must be open enough for fast attack and manoeuvring in flight, but provide cover for ambushing of prey. Therefore, forests of intermediate density are favoured, or ecotones between habitats of differing densities, such as between rainforest and eucalypt forest, between gallery forest and woodland, or on edges of woodland and forest where they meet grassland, cleared land, roads or watercourses (DoE 2015i). This species is only very rarely seen in the Townsville – Ingham region and are not thought to be permanent residents. LOW: Red goshawks have previously been recorded between Ingham and the Cardwell Range. There is potential for this species to fly over and utilise the site for foraging from time to time. However, no nests or suitable nesting sites were identified during the field investigations. No impact is predicted as a result of the Project. V This is a pelagic sea bird that is known to breed on Lord Howe Island and other islands in the Pacific and Atlantic Ocean. It mostly occurs along the edge of the continental shelf and only occasionally over inshore waters (Morecombe 2003). It is most commonly seen from the south coast of NSW to south-east Qld (Morecombe 2003). LOW: The site does not contain the preferred habitat of this species. No impact is predicted as a result of the Project. E The Black-throated finch (southern) occurs mainly in grassy, open woodlands and forests, typically dominated by Eucalyptus (especially E. platyphylla), Corymbia and Melaleuca, and occasionally in tussock grasslands or other habitats (for example freshwater wetlands), often along or near watercourses, or in the vicinity of water (DoE 2015j). It is likely that permanent sources of water provide refuge for this species during the dry season, especially during drought years. LOW: The grassy open woodland habitat favoured by this species does not occur on site. No impact is predicted as a result of the Project. E The Australian painted snipe generally inhabits shallow terrestrial freshwater (occasionally brackish) wetlands, including temporary and permanent lakes, swamps and claypans. They also use inundated or waterlogged grassland or saltmarsh, dams, rice crops, sewage farms and bore drains (DoE 2015k). Typical sites include those with rank emergent tussocks of grass, sedges, rushes or reeds, or samphire. This species is only rarely recorded in the Townsville and Ingham regions. LOW: The site does not contain the preferred habitat of this species. No impact is predicted as a result of the Project. V The masked owl is recorded from riparian forest, rainforest, open forest, Melaleuca swamps, edges of mangroves, and along the margins of sugar cane fields (DoE 2015l). They roost in tree hollows during the day, and hunt over open grassland, sugar cane and occasionally heavier forest (Nielsen 1996). In the Ingham area, it is known to breed at Tyto wetlands. LOW: Potential habitat occurs within the patch of remnant vegetation and records exist in the local region. However, a paucity of tree hollows within the project area limits its value as roosting habitat and the extent of clearing is considered insignificant in context of broader suitable foraging habitat in the immediate vicinity. No significant impact is predicted as a result of the Project. 001 Referral of proposed action v August 2015 Page 4 of 16 MAMMALS Dasyurus hallucatus Dasyurus maculatus gracilis Hipposideros semoni Northern quoll Spotted-tail quoll Semon’s leaf-nosed bat E It occupies a diversity of habitats including rocky areas, eucalypt forest and woodlands, rainforests, sandy lowlands and beaches, shrubland, grasslands and desert. However, habitat generally encompasses some form of rocky area for denning purposes with surrounding vegetated habitats used for foraging and dispersal. Habitats usually have a high structural diversity containing large diameter trees, termite mounds or hollow logs for denning purposes (DoE 2015m). LOW: Although this species has been recorded within 10km of the site, the site does not contain the preferred habitat of this species. There are quoll records from the Cardwell Range but not from the Ingham-Halifax lowlands (Woinarski et al 2008). No impact is predicted as a result of the Project. E Historically, the Spotted-tailed quoll (northern subspecies) occurred from the Paluma Range near Townsville north to near Cooktown, in north-eastern Queensland. The southernmost population in the Paluma Range is possibly extinct, with no records since the early 1940s, despite high levels of visitation and human occupancy of that region (DoE 2015n). The subspecies is mostly confined to the relatively cool, wet and climatically equable upland closed-forests (mostly above 900 m altitude) that occur in the upper catchments of rivers draining east and west of the Eastern Escarpment. It is also suggested that the species occurs in lower altitude notophyll, mesophyll and wet sclerophyll forests in lesser numbers. The subspecies utilises dens for resting and for raising young. Dens have been found in tree hollows, logs, rock crevasses and even among building materials (DoE 2015n). LOW: The site is outside the currently known range and does not contain the preferred habitat of this species. No impact is predicted as a result of the Project. E The known broad-scale distribution for Semon's Leaf-nosed Bat is poorly known but thought to include coastal areas from Cape York to Townsville with an outlier population at Kroombit Tops, near Gladstone (Churchill 2008, DEHP 2015o). However, they have not been recorded in the Wet Tropics south of the Mt Windsor Tablelands approximately 280km north-west of the site (DoE 2015o). Semon's Leaf-nosed Bat is found in tropical rainforest, monsoon forest, wet sclerophyll forest and open savannah woodland. Daytime roost sites include tree hollows, deserted buildings in rainforest, road culverts and shallow caves amongst granite boulders or in fissures (DoE 2015o). LOW: The site occurs outside the established range of the species. There is a paucity of potential roost sites in the project area, and although the site does represent potential foraging area, the extent of clearing is considered insignificant in context of broader suitable foraging habitat in the immediate vicinity. No impact is predicted as a result of the Project. 001 Referral of proposed action v August 2015 Page 5 of 16 Petaurus gracilis Phascolarctos cinereus Pteropus conspicillatus Mahogany glider Koala Spectacled flying fox E Mahogany gliders are endemic to Australia and are restricted to the coastal southern Wet Tropics region of northern Queensland. The species occurs in an area of coastal lowland forest between Ollera Creek (40 km south of Ingham) and the Hull River (near Tully). The species is restricted to lowland Eucalypt woodland dominated by Bloodwoods (Corymbia spp. Eucalyptus spp.) and Acacia spp. An open vegetation structure is required to facilitate gliding (DoE 2015p). LOW: Although vegetation on both sides of the highway are mapped as ‘Essential habitat’ under the Vegetation Management Act 1999, the existing highway easement is currently too wide to allow gliders access to the eastern side, so the site does not represent a glider corridor (Calvert 2015, Appendix 1). The vegetation on the eastern side is highly modified by rainforest and weed encroachment and represents suboptimal habitat. The eastern vegetation polygon impacted by the project is smaller than that required to support mahogany gliders and no gliders were detected during surveys (Calvert 2015, Appendix 1). When assessed against the Significant Impact Guidelines for Endangered Species (DoE 2013), it was predicted that no significant impact would occur as a result of the Project. V The range of this population extends from approximately the latitude of Cairns to the New South Wales-Victoria border (DoE 2015q). Koalas inhabit a range of temperate, sub-tropical and tropical forest, woodland and semi-arid communities dominated by species from the genus Eucalyptus (Martin & Handasyde 1999). The koala’s diet is restricted mainly to foliage of Eucalyptus species but may also consume foliage of related genera, including Corymbia, Angophora and Lophostemon and at times supplement its diet with other species, including species from the genera Leptospermum and Melaleuca (Martin and Handasyde 1999; Moore and Foley 2000). LOW – The Atlas of Living Australia do not show any records from the Wet Tropics coastal region. Open woodland habitats were restricted to Melaleuca communities, and known food plants were uncommon. The site is a small fragment with little suitable habitat and highly tenuous connectivity comprised almost entirely of unsuitable rainforest habitat. No impact is predicted as a result of the Project. The Spectacled Flying-fox occurs in north-eastern Queensland, between Ingham and Cooktown, and between the McIlwraith and Iron Ranges of Cape York. The species is associated primarily with rainforest and sometimes with mangroves, however, they also utilise drier forest types (DERM 2010). Roosts are always found within 6 km of rainforest (DoE 2015r). Although the maximum recorded distance to a foraging site is 43.4km, the mean foraging distance is 11.8km (DERM 2010). LOW: No camps were located on or adjacent to the project area. The nearest ‘Nationally Important Camps of Spectacled flying Fox’ are at Broadwater State Forest and Cardwell golf course, located 29km and 36km respectively from the project site, which are outside the 11.8km radius typically utilised. The site contains numerous food plants and represents a small potential foraging area, however, the extent of clearing are considered insignificant in context of broader suitable foraging habitat in the immediate vicinity. No significant impact is predicted as a result of the Project. V 001 Referral of proposed action v August 2015 Page 6 of 16 Rhinolophus robertsi (Syn R. philippinensis) Saccolaimus saccolaimus nudicluniatus Xeromys myoides Greater large-eared horseshoe bat Barerumped sheathtail bat water mouse E The species is found in lowland rainforest, along gallery forestlined creeks within open eucalypt forest, Melaleuca forest with rainforest understorey, open savanna woodland and tall riparian woodland of Melaleuca, Forest red gum (E. tereticornis) and Moreton Bay ash (C. tesselaris). It mainly roosts in caves and underground mines located in rainforest, and open eucalypt forest and woodland, however roosts have also been observed in road culverts, and it is suspected that the species also uses basal hollows of large trees, dense vegetation, rock piles and areas beneath creek banks (DoE 2015s). Although the Atlas of Living Australia does not show any specimens south of Mt Garnet, they have been recorded as far south as Cape Cleveland near Townsville (pers. obs). LOW: Although there is potential for this species to fly over and forage over the site from time to time, no suitable roosting sites occur and the habitat type and extent of clearing are considered insignificant in context of broader suitable foraging habitat in the immediate vicinity. No impact is predicted as a result of the Project. CE Occasional individuals have been collected from a narrow coastal region (less than 40 km inland) between Ayr and Cooktown, North Queensland, with one isolated specimen from north of Coen on Cape York Peninsula (DoE 2015t). The species inhabits tropical woodland and tall open forests where it roosts in long, wide hollows in the trunks of various Eucalypts. It appears to prefer coastal Eucalypt forests with high annual rainfall (Curtis et al. 2012). LOW: The tall coastal eucalypt forest preferred by this species does not occur within the project area. No impact is predicted as a result of the Project. V In Queensland the Water mouse occurs in the central south and south-east regions. In the central south the species occurs between Agnes Water and Mackay (DoE 2015t) and has only been captured in the high inter-tidal zone in tall, closed fringing mangrove forest containing only Ceriops tagal and/or Bruguiera sp (Ball 2004). Although not considered core habitat, the Water mouse has also been captured in saline grassland adjacent to a closed forest of Ceriops tagal and Bruguiera sp and in closed forest of Avicennia marina (Ball 2004). LOW: The site occurs outside the known range of the species and suitable habitat does not occur within the project area. No impact is predicted as a result of the Project. Nature and extent of likely impact Address any impacts on the members of any listened threatened species (except a conservation dependent species) or any threatened ecological community, or their habitat. As listed above 3.1 (e) Listed migratory species 001 Referral of proposed action v August 2015 Page 7 of 16 Description Table 2: Assessment of migratory fauna species potentially occurring within the project area Species Common Name Habitat Level of Impact Estuarine crocodile The Estuarine crocodile inhabits coastal rivers and swamps and extends inland along major drainage systems. It is also occasionally observed in the open ocean (Wilson & Swan 2010). LOW: The species has been recorded within 5km of the site. The minor shallow watercourses within the project footprint are not considered to provide suitable habitat for this species. The bridge structure will not represent a barrier to their movement along the watercourse during high flow events. No impact predicted as a result of the Project. Fork-tailed swift The Fork-tailed swift is a non-breeding visitor to all states and territories of Australia (Higgins 1999). In north-east Queensland there are many records east of the Great Divide from near Cooktown and south to Townsville. The species is almost exclusively aerial, and mostly occur over inland plains, over dry or open habitats, including riparian woodland and tea-tree swamps, low scrub, heathland or saltmarsh. They also occur over settled areas, including towns, urban areas and cities (Pizzey & Knight 1997). LOW: The closed canopy vegetation along Arnot Creek does not represent suitable foraging habitat. No impact predicted as a result of the Project. Little tern The Little tern is generally found in sheltered coastal areas, such as beaches, sheltered inlets, estuaries, lakes, sewage farms, lagoons, river mouths and deltas (Curtis et al 2012). Nesting usually takes place between the high tide mark and shore vegetation (Curtis et al 2012). LOW: Suitable habitat for this species does not occur on site. No impact predicted as a result of the Project. The habitats occupied by the sea-eagle are characterised by the presence of large areas of open water (larger rivers, swamps, lakes, and ocean). Birds have been recorded at or in the vicinity of freshwater swamps, lakes, reservoirs, billabongs, saltmarsh and sewage ponds, as well as in (or flying over) a variety of terrestrial habitats (Marchant & Higgins 1993). LOW: The species has been recorded within 5km of the site and there is potential for this species to fly over and utilise the site from time to time. However, no nests or suitable nesting sites were identified during the field investigations. The project area is unlikely to represent important breeding or foraging habitat Migratory Marine Species Crocodylus porosus Apus pacificus Sterna albifrons Migratory Terrestrial Birds Haliaeetus leucogaster Whitebellied sea eagle 001 Referral of proposed action v August 2015 Page 8 of 16 Hirundapus caudacutus Hirundo rustica Merops ornatus Monarcha melanopsis Monarcha trivirgatus Whitethroated needletail The White-throated needletail breeds in the Northern Hemisphere but is widespread in eastern and south-eastern Australia during summer months (Barrett et al. 2003; Higgins 1999). In eastern Australia, it is recorded in all coastal regions of Queensland and NSW, extending inland to the western slopes of the Great Divide and occasionally onto the adjacent inland plains. The species is almost exclusively aerial, from heights of less than 1m up to more than 1,000m above the ground. Although they occur over most types of habitat, they are probably recorded most often above wooded areas, including open forest and rainforest (Higgins 1999). LOW: Although there is potential for this species to fly over and utilise the site from time to time, the habitat type and extent of clearing are considered insignificant in context of broader suitable foraging habitat in the immediate vicinity. No impact predicted as a result of the Project. Barn swallow The Barn swallow is a non-breeding migrant to Australia, usually occurs patchily along the north coast from the Pilbara region, Western Australia, to Fraser Island in Queensland (SEWPAC 2012ag). It is recorded in open country in coastal lowlands, often near water, towns and cities. Birds are often sighted perched on overhead wires (Blakers et al. 1984), and also in or over freshwater wetlands, paperbark Melaleuca woodland, mesophyll shrub thickets and tussock grassland (Schodde & Mason 1999). LOW: In the Wet Tropics, it is most commonly seen between Innisfail and Mossman (Nielsen1996). The Ingham area is not a frequently occupied part of their range and the project area does not represent an area critical to their use of the area. The proposed action will not reduce the value of foraging areas. No impact predicted as a result of the Project. Rainbow bee eater The Rainbow bee-eater is distributed across much of mainland Australia, where it is both a migratory and wintering resident species. The species occurs mainly in open forests and woodlands, shrublands, and in various cleared or semi-cleared habitats, including farmland and areas of human habitation (Higgins 1999). It usually occurs in open, cleared or lightlytimbered areas that are often, but not always, located in close proximity to permanent water (Higgins 1999). It also occurs in inland and coastal sand dune systems, and has been recorded in various other habitat types including heathland, sedgeland, vine forest and vine thicket, and on beaches (Higgins 1999). LOW: This species has been recorded within 10km of the site. Whilst some minor areas of potential forage habitat may be removed this is not considered significant in the context of available forage resources in the area. No impact predicted as a result of the Project. Black-faced monarch The Black-faced monarch is found along the coast of eastern Australia, becoming less common further south. The species inhabits rainforests, eucalypt woodlands, coastal scrub and damp gullies. It may be found in more open woodland when migrating. It forages for insects among foliage, or catches flying insects on the wing (Marchant & Higgins 1993). LOW: Although considered to provide potential habitat for this species, particularly during migration, the project will result in only minor and incremental loss of habitat, which would not be significant in the context of broader suitable foraging habitat in the immediate vicinity. No impact predicted as a result of the Project. Spectacled monarch The Spectacled monarch is found throughout coastal north-eastern and eastern Australia and coastal islands, from Cape York (Qld) to the Watson River on the west coast and to Port Stephens (NSW) on the east coast. It inhabits the understorey of mountain and lowland rainforests, thickly wooded gullies, waterside vegetation including mangroves, mostly well below the canopy (Pizzey & Knight 2007). LOW: The areas within the proposed alignment are considered to be too small to represent significant habitat or to support significant numbers. Whilst some areas of potential forage habitat may be removed this is not considered significant in the context of available forage resources in the area. No impact predicted as a result of the Project. 001 Referral of proposed action v August 2015 Page 9 of 16 Myiagra cyanoleuca Rhipidura rufifrons Ardea alba Ardea ibis Gallinago hardwickii Satin flycatcher The Satin flycatcher is widespread in eastern Australia. In Queensland, it is widespread but scattered in the east (Pizzey & Knight 2007). It is essentially a ‘passage migrant’, traversing through the Wet Tropics as it moves from New Guinea to breeding areas in south-east Australia (Nielsen 1996). Satin flycatchers inhabit heavily vegetated gullies in eucalypt-dominated forests and taller woodlands. They especially prefer wet sclerophyll forest with a tall shrubby understorey of tall acacias (Blakers et al. 1984). They are arboreal foragers, feeding high in the canopy and subcanopy of trees, usually sallying for prey in the air or picking prey from foliage and branches of trees (Pizzey & Knight 2007). LOW: The species is a regular visitor to the Ingham region but only en route to areas of greater ecological importance. Whilst some areas of potential forage habitat may be removed this is not considered significant in the context of available forage resources in the area. No impact predicted as a result of the Project. Rufous fantail The Rufous fantail is found throughout coastal eastern Australia and coastal islands (Pizzey & Knight 2007). It inhabits the understorey of rainforest, wetter eucalypt forest, thickly wooded gullies, monsoon forest, paperbarks, sub-inland and coastal scrubs, and vegetation along watercourses. They are mainly insectivorous, preying on arthropods, mostly insects which are gleaned from leaves, branches, the ground and logs (Pizzey & Knight 2007). LOW: The species is a regular visitor to the ingham region and has been recorded within 5km of the site. Whilst some areas of potential forage habitat may be removed this is not considered significant in the context of available forage resources in the area. No impact predicted as a result of the Project. Great egret Great egrets are widespread and occur in all states/territories. They have been reported in a wide range of wetland habitats (for example inland and coastal, freshwater and saline, permanent and ephemeral, open and vegetated, large and small, natural and artificial) (DoE 2015u). These include swamps and marshes; margins of rivers and lakes; damp or flooded grasslands, pastures or agricultural lands; reservoirs; sewage treatment ponds; drainage channels; salt pans and salt lakes; salt marshes; estuarine mudflats, tidal streams; mangrove swamps; coastal lagoons; and offshore reefs (Marchant & Higgins 1993). LOW: Although the Great egret has been recorded within 10km of the site, there is no significant habitat within the project site. Areas that previously might have been useable habitat are extensively degraded by introduced para grass. No impact predicted as a result of the Project. Cattle egret The Cattle egret is widespread and common according to migration movements and breeding localities surveys (DoE 2015v). The species occurs in tropical and temperate grasslands, woodlands and terrestrial wetlands. High numbers have been observed in moist, low-lying poorly drained pastures with an abundance of high grass; it avoids low grass pastures. It is commonly associated with the habitats of farm animals, particularly cattle, and is known to follow earth-moving machinery. It also uses predominately shallow, open and fresh wetlands including meadows and swamps with low emergent vegetation and abundant aquatic flora (Marchant & Higgins 1993). LOW: Although the Cattle egret has been recorded within 10km of the site, there is no significant habitat within the project site. Areas that previously might have been useable habitat are extensively degraded by introduced para grass. No impact predicted as a result of the Project. Latham’s snipe Latham's snipe is a non-breeding visitor to south-eastern Australia, and is a passage migrant through northern Australia (i.e. it travels through northern Australia to reach non-breeding areas located further south) (Higgins & Davies 1996). It occurs in permanent and ephemeral wetlands up to 2,000 m above sea-level and usually inhabit open, freshwater wetlands with low, dense vegetation (e.g. swamps, flooded grasslands or heathlands, around bogs and other water bodies) (DoE 2015w). LOW: Although considered a regular visitor to Tyto Wetlands in Ingham, no significant areas of useable habitat occur within the project area. No impact predicted as a result of the Project. 001 Referral of proposed action v August 2015 Page 10 of 16 Pandion cristatus Rostratula australis Eastern osprey The Eastern osprey is a large bird of prey commonly found along the north Australian coastline, particularly on rocky shorelines, islands and reefs. They often favour the mouths of large rivers, lagoons and lakes where they specialise in catching fish over clear, open water. They usually nest high in dead trees, tally rocky outcrops or artificial structures, usually within one kilometre of the sea. LOW: The species is common along the coast of the Wet Tropics, particularly the Hinchinbrook Channel (Nielsen 1996). No foraging habitat or nesting areas occur in the site, so no impact is predicted as a result of the Project. Painted snipe The Australian painted snipe generally inhabits shallow terrestrial freshwater (occasionally brackish) wetlands, including temporary and permanent lakes, swamps and claypans. They also use inundated or waterlogged grassland or saltmarsh, dams, rice crops, sewage farms and bore drains (DoE 2015k). Typical sites include those with rank emergent tussocks of grass, sedges, rushes or reeds, or samphire. This species is only rarely recorded in the Townsville and Ingham regions. LOW: The site does not contain the preferred habitat of this species. No impact predicted as a result of the Project. 001 Referral of proposed action v August 2015 Page 11 of 16 Nature and extent of likely impact Address any impacts on the members of any listed migratory species, or their habitat. Listed above 3.1 (f) Commonwealth marine area (If the action is in the Commonwealth marine area, complete 3.2(c) instead. This section is for actions taken outside the Commonwealth marine area that may have impacts on that area.) Description As described in Section 3.1 (a) above, the proposed bridge construction and vegetation clearing is located approximately 16km inland from the coast. Arnot creek is a tributary of the Seymour River that enters the Hinchinbrook Channel which is within the Great Barrier Reef World Heritage Area. Nature and extent of likely impact Address any impacts on any part of the environment in the Commonwealth marine area. Although the Great Barrier Reef World Heritage Area is in the receiving environment of Arnot Creek, no impacts on the World Heritage area are expected to occur. The total vegetation clearing footprint is 0.33ha in area, of which approximately 150m2 (0.015ha) may be within a tidal area. Clearing within a tidal watercourse and its defining banks will be unavoidable. By complying with the exemption conditions described in ‘Riverine protection permit exemption requirements’ (DNRM 2014), negative impacts relating to elevated sediment loads, contamination, erosion, and water flow will be avoided. These conditions are listed in Section 3.1 (a) above. In addition any conditions of the required Development Approval associated with Marine Plant clearing will be complied with. 3.1 (g) Commonwealth land (If the action is on Commonwealth land, complete 3.2(d) instead. This section is for actions taken outside Commonwealth land that may have impacts on that land.) Description If the action will affect Commonwealth land also describe the more general environment. The Policy Statement titled Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies provides further details on the type of information needed. If applicable, identify any potential impacts from actions taken outside the Australian jurisdiction on the environment in a Commonwealth Heritage Place overseas. This project does not impact on any Commonwealth land Nature and extent of likely impact Address any impacts on any part of the environment in the Commonwealth land. Your assessment of impacts should refer to the Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies and specifically address impacts on: • ecosystems and their constituent parts, including people and communities; • natural and physical resources; • the qualities and characteristics of locations, places and areas; • the heritage values of places; and • the social, economic and cultural aspects of the above things. 001 Referral of proposed action v August 2015 Page 1 of 16 3.1 (h) The Great Barrier Reef Marine Park Description As described in Section 3.1 (a) and 3.1 (f) above, the proposed bridge construction and vegetation clearing is located approximately 16km inland from the coast. Arnot creek is a tributary of the Seymour River that enters the Hinchinbrook Channel which is within the Great Barrier Reef World Heritage Area. Nature and extent of likely impact Address any impacts on any part of the environment of the Great Barrier Reef Marine Park. Note: If your action occurs in the Great Barrier Reef Marine Park you may also require permission under the Great Barrier Reef Marine Park Act 1975 (GBRMP Act). If so, section 37AB of the GBRMP Act provides that your referral under the EPBC Act is deemed to be an application under the GBRMP Act and Regulations for necessary permissions and a single integrated process will generally apply. Further information is available at www.gbrmpa.gov.au As described in Section 3.1 (a) and 3.1 (f) above 3.1 (i) A water resource, in relation to coal seam gas development and large coal mining development Description If the action is a coal seam gas development or large coal mining development that has, or is likely to have, a significant impact on water resources, the draft Policy Statement Significant Impact Guidelines: Coal seam gas and large coal mining developments—Impacts on water resources provides further details on the type of information needed. Not applicable Nature and extent of likely impact Address any impacts on water resources. Your assessment of impacts should refer to the draft Significant Impact Guidelines: Coal seam gas and large coal mining developments—Impacts on water resources. 3.2 Nuclear actions, actions taken by the Commonwealth (or Commonwealth agency), actions taken in a Commonwealth marine area, actions taken on Commonwealth land, or actions taken in the Great Barrier Reef Marine Park You must describe the nature and extent of likely impacts (both direct & indirect) on the whole environment if your project: • is a nuclear action; • will be taken by the Commonwealth or a Commonwealth agency; • will be taken in a Commonwealth marine area; • will be taken on Commonwealth land; or • will be taken in the Great Barrier Reef marine Park. Your assessment of impacts should refer to the Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies and specifically address impacts on: • ecosystems and their constituent parts, including people and communities; • natural and physical resources; • the qualities and characteristics of locations, places and areas; • the heritage values of places; and • the social, economic and cultural aspects of the above things. 3.2 (a) Is the proposed action a nuclear action? √ No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment 001 Referral of proposed action v August 2015 Page 2 of 16 3.2 (b) Is the proposed action to be taken by the Commonwealth or a Commonwealth agency? √ No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment 3.2 (c) Is the proposed action to be taken in a Commonwealth marine area? √ No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(f)) 3.2 (d) Is the proposed action to be taken on Commonwealth land? √ No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(g)) 3.2 (e) Is the proposed action to be taken in the Great Barrier Reef Marine Park? √ No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(h)) 3.3 Other important features of the environment Provide a description of the project area and the affected area, including information about the following features (where relevant to the project area and/or affected area, and to the extent not otherwise addressed above). If at Section 2.3 you identified any alternative locations, time frames or activities for your proposed action, you must complete each of the details below (where relevant) for each alternative identified. 3.3 (a) Flora and fauna The proposed works are in a riparian Melaleuca community that has been reduced to a narrow strip, subject to weed invasion and other edge effects. Vegetation is consistent with the description for Regional Ecosystem: • 7.3.25a: “Riverine wetland or fringing riverine wetland. Melaleuca leucadendra open forest and woodland. Stream levees and prior streams on well-drained sandy clay loam alluvial soils”. The site is surrounded by sugar cane farming. In the absence of fire, the woodland community has been secondarily invaded by rainforest plants, primarily fast growing pioneer species. A number of threatened flora and fauna species were predicted to occur on site, and assessed for their individual potential to occur on site in Section 3.1.d above. 3.3 (b) Hydrology, including water flows The subject area is located within the Herbert River Drainage Basin, although the project works straddle Arnot Creek, a tributary of the Seymour River which ultimately drains into the Hinchinbrook Channel. Hydrological studies have been undertaken by Dr Mark Jempson (Venant Solutions). Hydrological models have been undertaken to ensure that hydrology will not be adversely affected by the proposed works. 3.3 (c) Soil and Vegetation characteristics The land zone mapped within the area is land zone 3 (quaternary alluvial). Soils are below 10 AHD however ASRIS maps the site as low probability for potential and or actual acid sulphate soils. The Main Roads soil group maps the project site as Texture Contrast Dispersive soils. As such soils can be expected to be highly erodible where slopes are exposed. 001 Referral of proposed action v August 2015 Page 3 of 16 3.3 (d) Outstanding natural features There are no outstanding natural features within the proposed footprint of the site. 3.3 (e) Remnant native vegetation A review of remnant vegetation as shown on the Vegetation Management Supporting Map (DNRM 2015) show the site is a remnant patch of the ‘Of Concern’ Regional Ecosystem • 7.3.25a: “Riverine wetland or fringing riverine wetland. Melaleuca leucadendra open forest and woodland. Stream levees and prior streams on well-drained sandy clay loam alluvial soils”. This vegetation occurs in a near-continuous strip, terminating in mangrove communities to the east. It represents a wildlife corridor for flying birds and for ground dwelling fauna that are able to cross the road. It does not represent a fauna corridor for the mahogany glider. This strip of remnant vegetation occurs within a broader landscape of cleared agricultural land, dominated by sugar cane farms. 3.3 (f) Gradient (or depth range if action is to be taken in a marine area) The project area is not in a marine area 3.3 (g) Current state of the environment Include information about the extent of erosion, whether the area is infested with weeds or feral animals and whether the area is covered by native vegetation or crops. • Much of the footprint to the east of the existing highway alignment comprises slashed roadside. • The remnant riparian Melaleuca woodland in the clearing footprint has been substantially altered by secondary rainforest colonisation of the mid and lower storeys, particularly by fast growing pioneer species. • Although mapped as remnant vegetation, the segment of proposed clearing is not pristine and the margins have been modified by weed invasion. Of the 54 plant species recorded in the area, 16 species (29.6%) were introduced plants including five species listed as declared Weeds under the Queensland Land Protection (Pest and Stock Route Management) Act 2002. Open areas within the watercourse were invaded by the introduced para grass (Urochloa mutica), significantly reducing the biodiversity values of these areas. Introduced vines are a significant feature of the forest edge, including the Class 1 vine weed Thunbergia fragrans. • The site is regularly flooded, and this has limited the encroachment of sugar cane into the site. Tidal flow influences the margins of the larger stream bed, and the Blind Your Eye mangrove (Excoecaria agallocha) dominates within this zone. • Vegetation within the proposed clearing footprint to the east has been modified by contractors for Ergon Energy who have recently pruned and poisoned a number of trees to maintain their minimum clearances from overhead conductors which is not evident in the imagery of the provided maps. 3.3 (h) Commonwealth Heritage Places or other places recognised as having heritage values The Protected matters Search identified three National Heritage Properties within 10km of the site: Great Barrier Reef The proposed bridge construction and vegetation clearing is located approximately 16km inland from the mouth of the Seymour River that enters the Hinchinbrook Channel within the Great Barrier Reef World Heritage Area. Wet Tropics The project area is located within the Wet Tropics Bioregion but not within the Wet Tropics World Heritage area, which is 3.38km away at its nearest point. The lower reaches of Arnot Creek are within the boundaries of the Wet Tropics World Heritage area, approximately 9.14km downstream. 001 Referral of proposed action v August 2015 Page 4 of 16 Wet Tropics World Heritage Area (Indigenous Values) The Wet Tropics contains camping places and archaeological sites that demonstrate year-round occupation of the rainforest by Aboriginal people. Landscape features, resource areas and several artefact scatters have previously been identified within 200m of the site. Additional surveys and consultation with traditional owners will be carried out prior to construction. 3.3 (i) Indigenous heritage values A Cultural Heritage Risk Assessment (CHRA) and a DATSIMA database search has been completed for the proposed scope of works. The CHRA assessment assessed the project as a High Risk Category 5 (Queensland Aboriginal Cultural Heritage Act 2003 Duty of Care Guidelines). In accordance with these guidelines, a survey to determine if Indigenous Cultural Heritage exists within the project site will be undertaken with traditional owners and their recommendations incorporated into the final project design. 3.3 (j) Other important or unique values of the environment Describe any other key features of the environment affected by, or in proximity to the proposed action (for example, any national parks, conservation reserves, wetlands of national significance etc). No national parks or conservation reserves occur within 10km of the site. Nationally Important Wetlands include: • • Herbert River Floodplain – the site is within the Herbert River Floodplain; an area of 44 523 ha extending approximately 36 km along the coast of Halifax bay and Hinchinbrook Channel, and up to 33km inland. Hinchinbrook Channel - occurs downstream of the site (via the Seymour River). It is a 42km long drowned valley between the mainland and Hinchinbrook Island, including extensive areas of mangroves and sea grass TMR will comply with the provisions for exemption from a Riverine Protection Permit, as listed previously in Section 3.1(a) above. By undertaking these preventative measures, and considering the small scale of the project, it is not anticipated that the project will have any impacts on the World Heritage values of the Great Barrier Reef or Queensland Wet Tropics World Heritage properties. 3.3 (k) Tenure of the action area (e.g freehold, leasehold) The project will occur primarily within the existing footprint of the Bruce Highway and adjacent Unallocated state land associated with Arnot Creek, however, minor portions of the works will be undertaken on the Freehold properties: • 1/RP732874; and • 6/RP719840 3.3 (l) Existing land/marine uses of area The proposed footprint does not impact any existing uses for the site. The majority of the area within the footprint is regularly slashed road reserve, and an 11kV powerline is situated within this clear zone. Sugar cane farming occurs immediately adjacent to the site. A small area of sugar cane will be impacted by the temporary works, and this has been negotiated with the land owner. 3.3 (m) Any proposed land/marine uses of area There are no proposed uses for this land apart from upgrades to the Bruce Highway 001 Referral of proposed action v August 2015 Page 5 of 16 4 Environmental outcomes Provide descriptions of the proposed environmental outcomes that will be achieved for matters of national environmental significance as a result of the proposed action. Include details of the baseline data upon which the outcomes are based, and the confidence about the likely achievement of the proposed outcomes. Where outcomes cannot be identified or committed to, provide explanatory details including any commitments to identify outcomes through an assessment process. If a proposed action is determined to be a controlled action, the Department may request further details to enable application of the draft Outcomes-based Conditions Policy 2015 and Outcomes-based Conditions Guidance 2015 (http://www.environment.gov.au/epbc/consultation/policy-guidance-outcomes-based-conditions), including about environmental outcomes to be achieved, details of baseline data, milestones, performance criteria, and monitoring and adaptive management to ensure the achievement of outcomes. If this information is available at the time of referral it should be included. General commitments to achieving environmental outcomes, particularly relating to beneficial impacts of the proposed action, CANNOT be taken into account in making the initial decision about whether the proposal is likely to have a significant impact on a matter protected under the EPBC Act. (But those commitments may be relevant at the later assessment and approval stages, including the appropriate level of assessment, and conditions of approval, if your proposal proceeds to these stages). As previously described in Section 3 above, and in particular Section 3.1 (d), the primary Matters of National Significance potentially occurring on site are the Endangered Southern Cassowary and Mahogany Glider. An Ecological Assessment was undertaken (Appendix 1), which showed that: • • • • • • • No threatened plant species were detected on site and no species are considered likely to occur. The existing highway is an existing barrier to Mahogany gliders, and tree heights and glide angles demonstrate that connectivity does not currently exist. The 5.38ha patch of vegetation on the eastern side of the highway does not connect to suitable habitat, is too small to support mahogany gliders and glider habitat values are substantially reduced by rainforest regrowth. Therefore impacts on the eastern side of the highway will not have an impact on Mahogany gliders. Vegetation on the west side of the road reserve is connected to Girringun National Park, which has a known Mahogany glider population. However, this vegetation does not form part of a corridor, only has habitat for a limited number of individuals and is also altered by rainforest encroachment. Impacts on this western side of the highway will be avoided, so no impact on the gliders are expected to occur. Arnot Creek is known to be utilised as a corridor by cassowaries, though the frequency of use is likely to be low. The proposed action involves the construction or upgrade of a road in a watercourse within, adjacent or linking between areas of potential cassowary habitat, and in accordance with the Significant Impact Guidelines for Cassowaries (DEWHA 2010), the proposed action is possibly a Significant Impact. Mitigation measures (Described in Section 5 below) will ensure improved opportunities for cassowary crossing of the highway, including improved dry passage underpass for cassowaries and strategic revegetation with known cassowary food plants. 5 Measures to avoid or reduce impacts Note: If you have identified alternatives in relation to location, time frames or activities for the proposed action at Section 2.3 you will need to complete this section in relation to each of the alternatives identified. Provide a description of measures that will be implemented to avoid, reduce, manage or offset any relevant impacts of the action. Include, if appropriate, any relevant reports or technical advice relating to the feasibility and effectiveness of the proposed measures. For any measures intended to avoid or mitigate significant impacts on matters protected under the EPBC Act, specify: • what the measure is, • how the measure is expected to be effective, and • the time frame or workplan for the measure. Examples of relevant measures to avoid or reduce impacts may include the timing of works, avoidance of important habitat, specific design measures, or adoption of specific work practices. 001 Referral of proposed action v August 2015 Page 6 of 16 Provide information about the level of commitment by the person proposing to take the action to achieve the proposed environmental outcomes and implement the proposed mitigation measures. For example, if the measures are preliminary suggestions only that have not been fully researched, or are dependent on a third party’s agreement (e.g. council or landowner), you should state that, that is the case. Note, the Australian Government Environment Minister may decide that a proposed action is not likely to have significant impacts on a protected matter, as long as the action is taken in a particular manner (section 77A of the EPBC Act). The particular manner of taking the action may avoid or reduce certain impacts, in such a way that those impacts will not be ‘significant’. More detail is provided on the Department’s web site. For the Minister to make such a decision (under section 77A), the proposed measures to avoid or reduce impacts must: • clearly form part of the referred action (for example, be identified in the referral and fall within the responsibility of the person proposing to take the action), • be must be clear, unambiguous, and provide certainty in relation to reducing or avoiding impacts on the matters protected, and • must be realistic and practical in terms of reporting, auditing and enforcement. More general commitments (e.g. preparation of management plans or monitoring) and measures aimed at providing environmental offsets, compensation or off-site benefits CANNOT be taken into account in making the initial decision about whether the proposal is likely to have a significant impact on a matter protected under the EPBC Act. (But those commitments may be relevant at the later assessment and approval stages, including the appropriate level of assessment, if your proposal proceeds to these stages). Measures to limit impacts on Matters of National Environmental Significance are divided into the separate categories of Avoid, Reduce, Enhance, Manage and Offset. All works undertaken will be in compliance with Main Roads Specifications and Technical Standards, including Environmental Management (MRTS51), Erosion and Sediment Control (MRTS52), Landscape & Revegetation Works (MRTS16) and Earthworks (MRTS04). An Environmental Management Plan will be prepared for the site, including the following recommendations to sufficiently avoid, reduce, or manage the impacts of the project. 001 Referral of proposed action v August 2015 Page 7 of 16 Table 3: Key Mitigation Measures for matters of national Environmental Significance (MNES) MNES AVOID Cassowaries, Negative impact Vegetation Clearing World Heritage sites - Great Barrier Reef World Heritage Area and Wet Tropics World Heritage area Mahogany glider Vegetation Clearing Proposed Mitigation Measure Only the vegetation required to be cleared for construction and operation of the proposed works will be undertaken. All efforts have been made during the design phase of this project to limit vegetation removal while still ensuring the necessary geometrics for the road curvature are preserved to ensure public safety. TMR have negotiated with Ergon Energy to retain a powerpole between the highway and the proposed side track, which substantially reduces the footprint, clearing area and avoids impact on mature developed riparian vegetation along Arnot Creek. Effectiveness: A TMR clearance plan, included as part of the construction contract, is considered to be an effective and auditable measure to control unnecessary vegetation clearance. To avoid any potential impacts on mahogany gliders, vegetation clearing will be limited to the eastern side and impacts on vegetation on the western side will be avoided. Timeframe Pre-construction – construction Pre-construction – construction Where possible remnant vegetation will be retained. Approvals are required for clearing within Freehold and watercourse land and no vegetation clearing may occur outside of permit areas. Effectiveness: We have demonstrated that there is currently no potential for mahogany gliders to access the eastern side, so limiting impacts to that area avoids impacts on mahogany gliders. REDUCE Cassowaries, Limit vegetation clearing World Heritage sites - Great Barrier Reef World Heritage Area and Wet Tropics World Heritage area Clearing will not occur until all relevant permits have been obtained. Pre-construction – construction Clearing will be in line with the operational needs and in accordance with the Environmental Management Plan and Site Based Management Plan. Clearing of native vegetation will only occur within the permitted footprint area. This will be effective as it minimizes the total area of disturbance and allows a greater area of habitat to be retained. Negotiation with Ergon allows us to relocate the 11kV power line temporarily, allowing for a 5m clearing instead of the usual 10m clearances. This reduces the width of clearing on the eastern side by 5 metres. Negotiations also allowed the retention of a central power pole between the highway and side track. Effectiveness: The reduced power line clearance and retention of an existing power pole location allows us to significantly reduce vegetation clearing, particularly on riparian vegetation on Arnot Creek. ENHANCE Cassowaries Improved cassowary underpass 001 Referral of proposed action v August 2015 There will be significant improvements for cassowary passage as a result of this project. Although there is more than 3m space under the existing Arnot Creek Bridge, the existing dry passage for cassowaries along the rock apron is only 1.4m. Although there was evidence of other fauna (for example, wallabies, bandicoots) utilising the dry passage, the available dry passage is insufficient for cassowaries which stand 1.5-2m tall. Currently any cassowaries using the underpass would need to wade through the water. Page 1 of 16 Construction The new bridge will incorporate a dry passage ledge under the new bridge, in accordance with the design parameters and principles outlined in the Fauna Sensitive Road Design (DMR 2000, DTMR 2010). A review of relevant literature and recommendations supporting this cassowary underpass are provided in Appendix 2. Effectiveness: Although current information suggests that this area is used infrequently by cassowaries, the proposed underpass is a significant improvement on the existing design, and based on successful cassowary underpasses elsewhere in the wet tropics. MANAGE World Heritage sites - Great Barrier Reef World Heritage Area and Wet Tropics World Heritage area World Heritage sites - Great Barrier Reef World Heritage Area and Clearing around watercourses Riverine protection 001 Referral of proposed action v August 2015 Within 10m of a watercourse, vegetation within the clearance zones will be cleared by hand, cut as close as possible to the ground and stumps retained in the ground in order to maintain bank stability. Low growing species will be retained where possible also the watercourses. Effectiveness: This method will avoid soil disturbance, effectively reducing sediment input into the watercourse. Measures to reduce impacts will include those required by the Riverine Protection Permit exemption conditions described in the DNRM document ‘Riverine protection permit exemption requirements’ (WSS/2013/726 Version 1.01 endorsed 2014): Page 2 of 16 Construction Construction – Post construction Wet Tropics World Heritage area • • • • • • • • • • • • • All fauna Managing fauna on site The extent of the area required to carry out the permitted activity must be limited to the minimum area necessary to reasonably carry out the works. Sediment and erosion controls must be used. All areas of disturbed bed and banks must be stabilised to protect against erosion. All fill placed must be free from contamination (e.g. weeds seeds, oils, chemicals and other contaminants). Disturbed banks must be returned to a profile similar to the pre-disturbance condition. Natural stream bed controls or features that create natural waterholes (e.g. riffles, logs, sediment or rock bars) must not be lowered or removed. Any excavated material that is not removed as waste must be spread evenly within the bed and banks of the watercourse so that it does not interfere with the flow of water. All fill placed in the bed of the stream must not redirect flow into an adjacent bank. Access tracks or crossings must not interfere with the low flow of water. The invert of culverts or the deck height of a splash through crossing must be placed at or below bed level. All culverts placed within the watercourse must be aligned with the stream channel and placed as close to the centre of the watercourse channel as practical. All culverts placed within the watercourse must be of a sufficient size to ensure uninterrupted low flows and minimise the occurrence of blockage of culverts caused by flood-borne debris. Constructed access tracks (e.g. culverts or splash through crossings) must be provided with a scour apron and cut off wall on the downstream side sufficient to prevent bed erosion. Effectiveness: These conditions will be included as part of the construction contract documents, and implemented through the construction EMP. They are considered to be an effective and auditable measure to control unnecessary impacts on hydrology or water quality. It is recommended that areas to be cleared should be surveyed by a spotter/catcher or ecologist (DEHP approved) within 24 hours prior to clearing. Prior to clearing habitat trees should be clearly marked and retained during the clearing phase until fauna has had the opportunity to move into nearby habitat. During clearing habitat trees could be gently disturbed (e.g. by bumping with machinery or knocking with a hammer) to warn residents of impeding clearing and encourage them to move to alternative habitat. During clearing spotter/catchers or an ecologist can ensure disturbed and/or injured animals are appropriately managed. Microbats and fairy martins found to be inhabiting the bridge or culvert will be managed in accordance with the ‘Species Management Plan for Colonial Nesting Species’; which will be developed as an approved Species Management Plan (SMP) under section 332(5) of the Nature Conservation (Wildlife Management) Regulation 2006. Appropriate traffic management will be implemented during construction and operation of the side track. All highway traffic will be restricted to a designated side track with a maximum speed limit of 60km/hr. Signs will be erected to notify of speed limits and the potential presence of wildlife. Should an animal be found injured, a DEHP Officer will be contacted immediately, and arrangements will be made to ensure the animal can be cared for by an appropriately trained and qualified wildlife carer. 001 Referral of proposed action v August 2015 Page 3 of 16 Pre-construction – construction Cassowaries, World Heritage sites - Great Barrier Reef World Heritage Area and Wet Tropics World Heritage area Post-clearing rehabilitation and vegetation management Effectiveness: These measures are expected to be effective, will be conditioned in the construction contract documents, and implemented through the construction EMP. As most of the vegetation clearing will be undertaken to provide the necessary safety clearances for temporary infrastructure, these cleared areas will be actively revegetated post-construction. Revegetation will be undertaken over an area of 3,357m2 (0.34ha) with the requirement that only local provenance native species can be used. A revegetation management plan is provided in Appendix 3. Natural regeneration will be supplemented with active revegetation using known local native cassowary food plants at the entrance to the cassowary underpass. Low growing plants will be selectively used in proximity to the powerlines, and natural regrowth selectively managed to remove tall growing tree species from within the 10m 11kV powerline clearance areas. Of the 3,357m2 of revegetation, 952m2 will be restricted to low growing species (<4m tall) to ensure the necessary clearances from the powerlines. Invasive weeds will also be selectively managed within the rehabilitation area. Effectiveness: These conditions will be included as part of the construction contract documents, and implemented through the construction EMP. The measure will help reduced edge impacts on retained vegetation, reduce weed spread, provide food resources for cassowaries and assist in encouraging cassowary use of the underpass. 001 Referral of proposed action v August 2015 Page 4 of 16 Post-construction General environmental management controls for the site as a whole will inform the Planning and Construction Environmental Management Plans for the project: • Site inductions to be undertaken by all people working/ entering the site • Ensure signage is in place to protect habitat areas outside of the construction zone • Erect signage in areas to alert and educate the public on essential fauna/flora habitat post construction • Ensure toolbox talks incorporate the significance of threatened species and their habitat on site • Ensure the availability of information sheets for threatened species and their habitat • Avoid night-time construction work if possible • A buffer zone around construction should be clearly delineated • Implement a Weed Management Plan for the site (this should include a wash down area and weed control through both chemical and mechanical means) • Ensure appropriate erosion control measures are in place • Ensure all rubbish (especially food articles) are removed from site regularly • Ensure speed limits are enforced on site during construction to reduce collisions with wildlife • Ensure vehicles on site comply with machinery requirements to avoid elevated noise pollution • Ensure vehicles use only approved tracks within and around the construction site • A project Review of Environmental Factors will be completed to ensure environmental risks are appropriately planned for • A project specific Environmental Management Plan will be completed to ensure construction activities manage the risks identified within the Review of Environmental Factors 001 Referral of proposed action v August 2015 Page 1 of 16 6 Conclusion on the likelihood of significant impacts Identify whether or not you believe the action is a controlled action (ie. whether you think that significant impacts on the matters protected under Part 3 of the EPBC Act are likely) and the reasons why. 6.1 Do you THINK your proposed action is a controlled action? √ No, complete section 5.2 Yes, complete section 5.3 According to the clearing thresholds stipulated in ‘Significant impact guidelines for the endangered southern cassowary (Casuarius casuarius johnsonii) Wet Tropics population’ (DEWHA 2010), the proposed action is considered likely to have a significant impact on cassowaries, which is a matter of national environmental significance. We believe that this referral contains adequate supporting information and suitable recommended mitigation measures that an assessment can be made based on referral information. We do not believe that the proposed action will have any significant impact on any other matters of National Significance. 6.2 Proposed action IS NOT a controlled action. Specify the key reasons why you think the proposed action is NOT LIKELY to have significant impacts on a matter protected under the EPBC Act. According to the clearing thresholds stipulated in ‘Significant impact guidelines for the endangered southern cassowary (Casuarius casuarius johnsonii) Wet Tropics population’ (DEWHA 2010), an action that involves the construction or upgrade of a road in a watercourse within, adjacent or linking between areas of potential cassowary habitat, is possibly a Significant impact. The threshold for significant clearing in this location would be ‘any clearing’ (DEWHA 2010). Although the proposed action exceeds the zero clearing threshold stipulated in the Significant impact guidelines for cassowaries (DEWHA 2010), the proposed action is being undertaken in a site where cassowaries are seen infrequently, and is likely to be used only seasonally or following extreme events. The primary impact predicted on MNES relates to connectivity for cassowaries, so by installing a dedicated cassowary underpass (Appendix 2) and revegetating the cleared area with cassowary food plants (Appendix 3) should negate any long term impacts and will improve access and forage opportunities for cassowaries in the long term. As described in the attached Ecological Assessment Report (Appendix 1), we do not believe that the proposed action will have any significant impact on any other Matters of National Significance. 6.3 Proposed action IS a controlled action Type ‘x’ in the box for the matter(s) protected under the EPBC Act that you think are likely to be significantly impacted. (The ‘sections’ identified below are the relevant sections of the EPBC Act.) Matters likely to be impacted World Heritage values (sections 12 and 15A) National Heritage places (sections 15B and 15C) Wetlands of international importance (sections 16 and 17B) Listed threatened species and communities (sections 18 and 18A) Listed migratory species (sections 20 and 20A) Protection of the environment from nuclear actions (sections 21 and 22A) Commonwealth marine environment (sections 23 and 24A) 001 Referral of proposed action v August 2015 Page 2 of 16 Great Barrier Reef Marine Park (sections 24B and 24C) A water resource, in relation to coal seam gas development and large coal mining development (sections 24D and 24E) Protection of the environment from actions involving Commonwealth land (sections 26 and 27A) Protection of the environment from Commonwealth actions (section 28) Commonwealth Heritage places overseas (sections 27B and 27C) Specify the key reasons why you think the proposed action is likely to have a significant adverse impact on the matters identified above. Not applicable 7 Environmental record of the responsible party NOTE: If a decision is made that a proposal needs approval under the EPBC Act, the Environment Minister will also decide the assessment approach. The EPBC Regulations provide for the environmental history of the party proposing to take the action to be taken into account when deciding the assessment approach. Yes 7.1 Does the party taking the action have a satisfactory record of responsible environmental management? No √ Provide details TMR North Queensland Region’s (Townsville office) record of responsible environmental management is reflected in the referral process of its major projects. TMR, Townsville office, has been responsible for the delivery of major Bruce Highway upgrade projects such as Corduroy Creek to Tully High School (Referral Number: 2006/2967), Cardwell Range (Referral Number: 2008/4665), Townsville Port Access Road (Referral Number: 2003/1011) and Townsville Ring Road Stage 4 (Referral Number: 2012/6562). Compliance to the EPBC Act and conditions within the approval notices indicates a record of responsible environmental management. TMR as a whole has recognised a need for environmental compliance as part of its core business, having an established an Environmental Management System, compliant to ISO14001:2004. The Environment and Heritage Services team in the TMR Townsville office has as standard a process of recording and documenting environmental aspects for each project, and providing best management practice advice and specifications for each project delivered in line with the department’s Environmental Services Unit. 7.2 Has either (a) the party proposing to take the action, or (b) if a permit has been applied for in relation to the action, the person making the application - ever been subject to any proceedings under a Commonwealth, State or Territory law for the protection of the environment or the conservation and sustainable use of natural resources? √ If yes, provide details TMR, Townsville office, has never been subject to any proceedings under Commonwealth, State or local law for the protection of the environment or the conservation and sustainable use of natural resources. 7.3 If the party taking the action is a corporation, will the action be taken in accordance with the corporation’s environmental policy and planning framework? 001 Referral of proposed action v August 2015 Page 3 of 16 √ If yes, provide details of environmental policy and planning framework TMR as a whole operates under the guiding principles of its Environmental Policy. This policy ensures that Main Roads manages road impacts on natural, human and cultural environments by: • Meeting statutory obligations of all relevant environmental and heritage legislation as a minimum standard. • Considering the effects on stakeholders and long-term relationships when carrying out statutory obligations, and seeking feedback on our performance. • Acting as a good government agency and adopting a proactive approach to environmental and heritage management. • Improving awareness of environmental and heritage management processes, standards and responsibilities among Main Roads’ employees and contractors. • Ensuring Main Roads approach to the management of environmental and heritage impacts embrace the hierarchy of “avoid, minimise and mitigate” in a financially feasible manner. TMR currently operates under an Environmental Management System (EMS) developed to meet best management practice in environmental performance. The EMS system has been designed on the basis of ISO14001:2004, Environmental Management Systems but it is not currently certified. This system centralises State based environment and cultural heritage management processes to achieve a level of consistency and transferability in documentation, processes and management procedures. Environmental Management Processes comply with an internal document “Environmental Processes Manual” (2013), which integrates environmental risk assessment and impact management to ensure the quality and consistency of environmental assessment and management processes within the department. 7.4 Has the party taking the action previously referred an action under the EPBC Act, or been responsible for undertaking an action referred under the EPBC Act? Provide name of proposal and EPBC reference number (if known) The Townsville office of TMR North Queensland Region (formerly Northern Region office) specifically have completed the following referrals: • Mt Raglan and Orange Tree Dam Hill Quarries – Referral Number 2001/408 • Townsville Ring Road Section 1 – Referral Number 2001/531 • Townsville Port Access Road – Referral Number 2003/1011 • Bruce Highway, Corduroy Creek to Tully – Referral Number 2006/2967 • Bruce Highway, Cardwell Range – Referral Number 2008/4665 • Townsville Ring Road Stage 4 (Referral Number: 2012/6562 001 Referral of proposed action v August 2015 Page 4 of 16 √ 8 Information sources and attachments (For the information provided above) 8.1 References • • List the references used in preparing the referral. Highlight documents that are available to the public, including web references if relevant. Ball, D. (2004). Distribution and Habitat of the Water Mouse, Xeromys myoides Thomas, 1889 (Rodentia: Muridae) in Intertidal Areas of Central Eastern Queensland. In: Memoirs of the Queensland Museum. 49:2. Brisbane. Barrett, G., Silcocks, A., Barry, S., Cunningham, R. & Poulter, R. (2003). The New Atlas of Australian Birds. Birds Australia, Melbourne. Barry, S. (2005). Appendix 1: Wetland Management Profile: Coastal wet heath/sedgeland wetlands. Description and conservation status of Queensland's coastal wet heath/sedgeland wetland regional ecosystems (REs). Ecosystem Conservation Branch, EPA. Benwell, A.S. (1994). Swamp Orchids - Phaius australis, Phaius tancarvilleae Recovery Plan. Hurstville: NSW NPWS. Blakers, M., Davies, S.J.J.F. and Reilly, P.N. (1984). The Atlas of Australian Birds. Melbourne University Press, Melbourne. Calvert G.A. (2015) Arnot Creek Ecological Assessment Report. Internal report to Department of Transport & Main Roads Calvert, G.A., Lokkers, C. and Cumming, R. (2005) Rare and Threatened Plants of the Townsville – Thuringowa Region. Coastal Dry Tropics Landcare Inc., Townsville. Churchill, S. (2008) Australian Bats (2nd Edition). Allen & Unwin, Crows Nest. Curtis LK, McDonald K, Kyne P and Dennis, AJ. (2012) Queensland’s Threatened Animals: Calling it Quits? CSIRO Publishing, Melbourne. Department of Environment (2013) Matters of National Environmental Significance Significant impact guidelines 1.1 Environment Protection and Biodiversity Conservation Act 1999. Department of Environment (2015a). Cajanus mareebensis in Species Profile and Threats Database, Department of the Environment, Canberra. Accessed online: http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=8635 Department of Environment (2015b) Genoplesium tectum in Species Profile and Threats Database, Department of the Environment, Canberra. Accessed online: http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=55130 Department of Environment (2015c). Lindsaea pulchella var. blanda in Species Profile and Threats Database, Department of the Environment, Canberra. Accessed online: http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=20842 001 Referral of proposed action v August 2015 Page 5 of 16 Department of Environment (2015d). Streblus pendulinus in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=21618 Department of Environment (2015e). Litoria dayi— Australian Lace-lid in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=86707 Department of Environment (2015f). Litoria rheocola— Common Mistfrog. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=1802 Department of Environment (2015g). Egernia rugosa— Yakka Skink. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=1420 Department of Environment (2015h). Casuarius casuarius johnsonii— Southern Cassowary (Australian), Southern Cassowary. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=25986 Department of Environment (2015i). Erythrotriorchis radiatus— Red Goshawk. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=942 Department of Environment (2015j). Poephila cincta cincta— Black-throated Finch (southern). in Species Profile and Threats Database, Department of the Environment, Canberra.http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=64447 Department of Environment (2015k). Rostratula australis— Australian Painted Snipe. in Species Profile and Threats Database, Department of the Environment, Canberra.http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=77037 Department of Environment (2015l) Tyto novaehollandiae kimberli— Masked Owl (northern). in Species Profile and Threats Database, Department of the Environment, Canberra.http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=26048 Department of Environment (2015m) Dasyurus hallucatus— Northern Quoll. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=331 Department of Environment (2015n) Dasyurus maculatus gracilis— Spotted-tailed Quoll or Yarri (North Queensland subspecies). in Species Profile and Threats Database, Department of the Environment, Canberra.http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=64475 Department of Environment (2015o) Hipposideros semoni— Semon's Leaf-nosed Bat, Greater Wart-nosed Horseshoe-bat. ). in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=180 001 Referral of proposed action v August 2015 Page 6 of 16 Department of Environment (2015p) Petaurus gracilis— Mahogany Glider. ). in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=26775 Department of Environment (2015q) Phascolarctos cinereus (combined populations of Qld, NSW and the ACT) — Koala. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=85104 Department of Environment (2015r) Pteropus conspicillatus— Spectacled Flying-fox. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=185 Department of Environment (2015s) Rhinolophus robertsi— Large-eared Horseshoe Bat, Greater Large-eared Horseshoe Bat. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=87639 Department of Environment (2015t) Saccolaimus saccolaimus nudicluniatus— Bare-rumped Sheathtail Bat. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=66889 Department of Environment (2015t) Xeromys myoides— Water Mouse, False Water Rat, Yirrkoo. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=66 Department of Environment (2015u) Ardea modesta— Eastern Great Egret. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=82410 Department of Environment (2015v) Ardea ibis— Cattle Egret. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgibin/sprat/public/publicspecies.pl?taxon_id=59542 Department of Environment (2015w) Gallinago hardwickii— Latham's Snipe, Japanese Snipe. in Species Profile and Threats Database, Department of the Environment, Canberra. http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=863 Department of Environment and Resource Management (DERM) (2010) National recovery plan for the spectacled flying fox Pteropus conspicillatus. Report to the Department of Sustainability, Environment, Water, Population and Communities, Canberra. Department of the Environment, Water, Heritage and the Arts (DEWHA) (2010) Significant impact guidelines for the endangered southern cassowary (Casuarius casuarius johnsonii) Wet Tropics population. Nationally threatened species and ecological communities EPBC Act policy statement 3.15. https://www.environment.gov.au/resource/significant-impact-guidelines-endangered-southern-cassowarycasuarius-casuarius-johnsonii Department of Natural Resources and Mines (DNRM) (2014) Riverine protection permit exemption requirements WSS/2013/726 Version 1.01 001 Referral of proposed action v August 2015 Page 7 of 16 Department of Transport and Main Roads (2010) Fauna Sensitive Road Design Manual Vol.2 Ch.6: Measures to achieve fauna sensitive roads. http://www.tmr.qld.gov.au/business-industry/Technical-standardspublications/Fauna-Sensitive-Road-Design-Volume-2.aspx Hacker J.B. (1990) A guide to herbaceous and shrub legumes of Queensland. University of Queensland Press, St Lucia Higgins, P.J. (ed.) (1999). Handbook of Australian, New Zealand and Antarctic Birds. Volume Four – Parrots to Dollarbird. Oxford University Press, Melbourne. Higgins, P.J. and Davies, S.J.J.F. (eds) (1996). Handbook of Australian, New Zealand and Antarctic Birds. Volume Three - Snipe to Pigeons. Oxford University Press, Melbourne. Hosking, C.J. and Hero, J.-M. (2008) Rainforest frogs of the wet tropics, north-east Australia. Griffith University, Gold Coast. Jones, D.L. (2006) A complete guide to native orchids of Australia, including the island territories, New Holland Australia. Kramer, K.U., & McCarthy, P.M. (1998) ‘Lindsaeaceae’, in Flora of Australia Volume 48, ed. PM McCarthy, ABRS/CSIRO Publishing, Melbourne, pp. 228–240 Marchant, S., and Higgins, P.J. (eds) (1993) Handbook of Australian, New Zealand and Antarctic Birds. Volume 2: Raptors to Lapwings. Oxford University Press, Melbourne. Martin, R. And Handasyde, K. (1999). The Koala: Natural history, conservation and management. UNSW Press, Sydney. Moore, B.D. and Foley, W.J. (2000). A review of feeding and diet selection in koalas (Phascolarctos cinereus). Australian Journal of Zoology 48:317-333. Morecombe M. (2003) Field guide to Australian birds. Steve Parish Publishing Pty Ltd, Archerfield Nielsen L. (1996) Birds of the Wet Tropics and Great Barrier Reef, Australia. Gerard Industries Pty Ltd, Bowden SA Pizzey G., Knight F. (1997) Field guide to the birds of Australia. Angus & Robertson : HarperCollins, Pymble, N.S.W. Schodde, R. and Mason, I.J. (1999). The Directory of Australian Birds: Passerines. CSIRO Publishing, Melbourne. Wilson, S. and Swan, G. (2010) A complete guide to reptiles of Australia (3rd Edition). New Holland Publishers, Sydney. Woinarski J.C.Z., Oakwood M., Winter J., Burnett S, Milne D., Foster P., Myles H., and Holmes B. (2008) Surviving the toads: patterns of persistence of the northern quoll Dasyurus hallucatus in Queensland. Report submitted to the Natural Heritage Trust Strategic Reserve Program, as a component of project 2005/162: Monitoring & Management of Cane Toad Impact in the Northern Territory. 001 Referral of proposed action v August 2015 Page 8 of 16 8.2 Reliability and date of information For information in section 3 specify: • source of the information; • how recent the information is; • how the reliability of the information was tested; and • any uncertainties in the information. The technical reports commissioned to accompany this referral have been prepared by suitably experienced and qualified environmental consultants and staff. The information used to support of this referral, including the technical reports and surveys, was undertaken by the proponent during 2015. The presence of cassowaries and mahogany gliders were not confirmed on site, but the presence of cassowaries is considered likely but seasonal and intermittent where suitable access exists, and this was supported by anecdotal evidence from local experts. Camera trapping did not show any mahogany gliders present on site. The absence of mahogany glider on the eastern side was determined by comparing empirical measurements across the road corridor with literature relating to the published glide angles and distances for Mahogany gliders. Threatened plants were surveyed for by a suitably qualified botanist. Presence/ absence of other threatened species was based on distribution and habitat suitability. 8.3 Attachments Indicate the documents you have attached. All attachments must be less than three megabytes (3mb) so they can be published on the Department’s website. Attachments larger than three megabytes (3mb) may delay the processing of your referral. attached You must attach figures, maps or aerial photographs showing the project locality (section 1) GIS file delineating the boundary of the referral area (section 1) figures, maps or aerial photographs showing the location of the project in respect to any matters of national environmental significance or important features of the environments (section 3) If relevant, attach √ Title of attachment(s) • Figure 1 • Figure 2 • Appendix 1: ‘Arnot Creek Ecological Assessment Report’ Appendix 4: EPBC Act Protected Matters Report √ √ copies of any state or local government approvals and consent conditions (section 2.5) copies of any completed assessments to meet state or local government approvals and outcomes of public consultations, if available (section 2.6) copies of any flora and fauna investigations and surveys (section 3) √ • 001 Referral of proposed action v August 2015 Page 9 of 16 • technical reports relevant to the assessment of impacts on protected matters that support the arguments and conclusions in the referral (section 3 and 4) report(s) on any public consultations undertaken, including with Indigenous stakeholders (section 3) 001 Referral of proposed action v August 2015 Page 10 of 16 • √ • Appendix 5: Wildlife Online Extract Appendix 2: ‘Cassowary underpass at Arnot Creek’ Appendix 3: Arnot Creek revegetation strategy 9 Contacts, signatures and declarations NOTE: Providing false or misleading information is an offence punishable on conviction by imprisonment and fine (s 489, EPBC Act). Under the EPBC Act a referral can only be made by: • the person proposing to take the action (which can include a person acting on their behalf); or • a Commonwealth, state or territory government, or agency that is aware of a proposal by a person to take an action, and that has administrative responsibilities relating to the action1. Project title: 9.1 Person proposing to take action This is the individual, government agency or company that will be principally responsible for, or who will carry out, the proposed action. If the proposed action will be taken under a contract or other arrangement, this is: • the person for whose benefit the action will be taken; or • the person who procured the contract or other arrangement and who will have principal control and responsibility for the taking of the proposed action. If the proposed action requires a permit under the Great Barrier Reef Marine Park Act2, this is the person requiring the grant of a GBRMP permission. The Minister may also request relevant additional information from this person. If further assessment and approval for the action is required, any approval which may be granted will be issued to the person proposing to take the action. This person will be responsible for complying with any conditions attached to the approval. If the Minister decides that further assessment and approval is required, the Minister must designate a person as a proponent of the action. The proponent is responsible for meeting the requirements of the EPBC Act during the assessment process. The proponent will generally be the person proposing to take the action3. 1. Name and Title: Marissa Wise District Director (Northern) | Northern District 2. Organisation (if applicable): Department of Transport and Main Roads 3. EPBC Referral Number (if known): 4: ACN / ABN (if applicable): 5. Postal address 6. Telephone: 7. Email: Not Known ABN 39 407 690 291 PO Box 1089 | Townsville Qld 4810 (07) 4421 8848 [email protected] 1 If the proposed action is to be taken by a Commonwealth, state or territory government or agency, section 8.1 of this form should be completed. However, if the government or agency is aware of, and has administrative responsibilities relating to, a proposed action that is to be taken by another person which has not otherwise been referred, please contact the Referrals Gateway (1800 803 772) to obtain an alternative contacts, signatures and declarations page. 2 If your referred action, or a component of it, is to be taken in the Great Barrier Reef Marine Park the Minister is required to provide a copy of your referral to the Great Barrier Reef Marine Park Authority (GBRMPA) (see section 73A, EPBC Act). For information about how the GBRMPA may use your information, see http://www.gbrmpa.gov.au/privacy/privacy_notice_for_permits. 3 If a person other than the person proposing to take action is to be nominated as the proponent, please contact the Referrals Gateway(1800 803 772) to obtain an alternative contacts, signatures and declarations page. 001 Referral of proposed action v August 2015 Page 11 of 16
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