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PROGRAM REPORT FOR THE STRATEGICASSESSMENT OF THEHEATHCOTE RIDGE DEVELOPMENT, WEST MENAI, UNDER THE ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT (1999)

February 2013

Prepared for Gandangara Local Aboriginal Land CouncilBy BBC Consulting Planners and Cumberland Ecology

EXECUTIVE SUMMARY ................................................................................................11. INTRODUCTION ................................................................................................1

1.1 Background ......................................................................................................11.2 Consultation .....................................................................................................1

2. CONTEXT OF THE PROGRAM AND STRATEGIC JUSTIFICATION .....................3

2.1 Land Release History.......................................................................................32.1.1 Metropolitan Development Program ...................................................................... 32.1.2 Conclusion.............................................................................................................. 4

2.2 Metropolitan Strategic Planning .....................................................................42.2.1 Metropolitan Plan 2036 .......................................................................................... 42.2.2 Regional Strategies ................................................................................................ 62.2.3 Conclusion.............................................................................................................. 6

2.3 Demand for Urban Land Uses .........................................................................72.3.1 Demand for Residential Land................................................................................. 72.3.2 Demand for Employment and Retail Uses ............................................................. 82.3.3 Justification for Land Uses ..................................................................................... 9

3. PROGRAM DESCRIPTION ...............................................................................11

3.1 Site Description............................................................................................. .113.1.1 Regional Context .................................................................................................. 113.1.2 Property Description ............................................................................................. 123.1.3 Site Features ........................................................................................................ 133.1.4 Biodiversity, Flora and Fauna .............................................................................. 143.1.5 Urban Capability ................................................................................................... 18

3.2 The Program...................................................................................................193.2.1 Overview .............................................................................................................. 193.2.2 Distribution of Land Uses ..................................................................................... 203.2.3 Movement Systems.............................................................................................. 213.2.4 Development Staging ........................................................................................... 22

3.3 Conservation Area and Biodiversity Management ......................................233.3.1 Conservation Area................................................................................................ 233.3.2 Ownership and Management Arrangements ....................................................... 243.3.3 Conservation Area Management Plan ................................................................. 243.3.4 Compensatory Measures ..................................................................................... 273.3.5 Managing Cultural Sites ....................................................................................... 283.3.6 Managing Riparian Corridors ............................................................................... 28

4. PROGRAM IMPLEMENTATION .......................................................................29

4.1 Legal Framework ...........................................................................................294.1.1 Environment Protection and Biodiversity Conservation Act 1999 ........................ 294.1.2 Environmental Planning and Assessment Act 1979 and Regulation 2000 .......... 294.1.3 Threatened Species Conservation Act (TSC Act) 1995....................................... 33

4.2 Planning Processes and Tools .....................................................................344.2.1 Land Use Zones ................................................................................................... 34

4.2.2 Principal Development Standards ........................................................................ 344.2.3 Infrastructure Requirements................................................................................. 35

4.3 Conservation Processes and Tools..............................................................364.3.1 Impacts on Threatened Flora and Fauna and Endangered Ecological

Communities ........................................................................................................ 364.3.2 Ecological Corridors ............................................................................................. 374.3.3 Attributes of Offsets Package............................................................................... 384.3.4 Aboriginal Cultural Heritage Impacts.................................................................... 41

5. OUTCOMES AND COMMITMENTS FOR MATTERS OF NATIONAL ENVIRONMENTAL SIGNIFICANCE .................................................................425.1 Outcomes .......................................................................................................425.2 Summary of Commitments............................................................................46

5.2.1 Funding Arrangements for MNES Conservation.................................................. 465.2.2 Land Use Zoning .................................................................................................. 475.2.3 Sydney Turpentine-Ironbark Forest and Shale/Sandstone Transition

Forest485.2.4 Acacia bynoeana, ................................................................................................. 495.2.5 Melaleuca deanei ................................................................................................. 495.2.6 Koala 505.2.7 Grey-headed Flying-fox........................................................................................ 50

6. PROGRAM EVALUATION REPORTING AND MONITORING ..........................52

6.1 Mechanisms to Monitor Outcomes of the Program .....................................526.2 Commitment to Regular Public Reporting ...................................................52

6.2.1 Annual Report ...................................................................................................... 526.3 Mechanism to Independently Audit the Program ........................................53

REFERENCES1. Stakeholder Consultation Strategy by EMC and Barker Strategic2. Stakeholder Consultation Report by EMC and Barker Strategic3. Housing and Human Services Study by BBC Consulting Planners4. Heathcote Ridge Employment Study by Urbis5. Economic Assessment of Appropriate Retail Floorspace by Leyshon Consulting6. Stage 1 Environmental Site Assessment by JBS Environmental7. Riparian Corridor Assessment by Harris Environmental Consulting8. Ecological Assessment by Cumberland Ecology9. Aboriginal Heritage Assessment by MDCA10. Bushfire Risk Assessment by ABPP11. Master Plan Servicing Strategy by Acor12. Traffic and Transport Assessment by Hyder and Urban Horizons13. Existing Noise Assessment by SLR Consulting Pty Ltd14. Land Use Structure Planning Report by Place Design Group15. Stormwater Management Plan by Acor and James Ball

16. Water Sensitive Urban Design by Acor17. Conceptual Ecologically Sensitive Design ESD Strategy Report by Acor18. CPTED Analysis by Urbis19. Preliminary Geotechnical Desktop Study by Jeffery & Katauskas

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EXECUTIVE SUMMARYBackgroundIn November 2011, the Commonwealth of Australia, through the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) and Gandangara Local Aboriginal Land Council (GLALC) commenced a Strategic Assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBCAct) of the potential impacts likely to arise through the development and management of the Heathcote Ridge Development Site.

This Program Report (PR) has been prepared in accordance with section 6 of the agreement between The Commonwealth of Australia and the GLALC. It describes the program and presents commitments and undertakings for protection of matters of national environmental significance (MNES).

The Heathcote Ridge Development (the Program) creates residential, employment and conservation areas and related infrastructure at Heathcote Ridge Development Site.Program BackgroundThe release of Heathcote Ridge and other land at West Menai has been on the State government radar since the 1970s. Prior to Aboriginal land claims in1986, the State Government and Council had made substantial progress in rezoning the land. Council had prepared a Local Environmental Study of thearea and had initiated the preparation of a local environmental plan.

As a consequence of the delays associated with the land claims, studies to investigate and resolve outstanding planning issues were not completed and the land was removed from the Urban Development Program in 1997 so as not to distort land supply figures and prevent proper understanding of the real land supply situation in the outer areas of the Sydney Region.

Studies into land suitability were not completed at this time, interrupted by the land claim process. Remaining issues included including flora and fauna, bushfire management, access and proximity to ANSTO and the Lucas Height Waste Management facility. The Minister at the time noted that the removal of the West Menai release area did not preclude its reinstatement should future demand justify it and if supported by environmental, planning, servicing and economic feasibility studies.

The present State Significant Site Study provides the opportunity to complete comprehensive planning investigations into the suitability of


the previous release area for development and move forward with the rezoning of the land for urban and conservation purposes and determining the future land use for the area.


Program StatusThe State Significant Site Study was jointly publicly exhibited with the draft'Heathcote Ridge Program Report' dated December 2011 and the draft'Strategic Impact Assessment Report' dated December 2011. This public exhibition and comment process meets the requirements of the EPBC Act and the NSW Environmental Planning and Assessment Act 1979 (EP&A Act).

As a result of the submissions made during the exhibition process, amendments have been made to the program which are incorporated into this final report.

Site SuitabilityHeathcote Ridge site comprises a number of allotments that are in the title of Gandangara Local Aboriginal Land Council (“GLALC”) or subject to land claims by the Council. The site is located approximately 25km south-west of the Sydney CBD between the localities of Holsworthy, Menai and Barden Ridge (Figure 1).


Figure 1 The Site

Detailed investigations indicates that all land suitability issues, including the four key previously identified constraints of bushfire risk, biodiversity impacts and offsets, access and adjacent uses can be managed and consequently the site is suitable for development. Public utility services are available and the site is capable of being serviced in an efficient manner.


The consideration of site suitability adopted the first principle of avoidance and minimisation of impacts on biodiversity and cultural areas including MNES and other main physical constraints to development. This resulted in a significantly reduced building footprint compared to earlier studies and the initial concepts prepared by GLALC. Of a total area of 849 hectares, approximately 283 hectares are considered suitable for development with the remaining 566 hectares to be protected as a conservation area.ProgramDevelopmentThe Land Use Structure Plan (Figure 2) has evolved from a comprehensive assessment of the characteristics of the site with particular consideration given to biodiversity, bushfire risk, access and the nature of surrounding land uses.

The key elements of the proposal are:

The provision of a conservation area having an area of 566 hectares; Approximately 283 hectares of land for urban purposes comprising:

o 51.4 hectares of employment land (including a new village centre) estimated to provide 4,700 jobs;

o 182.7 hectares of land for residential and associated purposes including local open space capable of accommodating an estimated 2,400 homes (7,200 persons);

o New sportsfields and other open space (17.2 hectares), provision for a school and community facilities; and

o A visitors and cultural heritage centre as a gateway to theHeathcote Conservation Area;

Creation of distinct residential neighbourhoods linked together via walking trails, pathways and a central collector road spine;

Provision of an east west arterial road connecting New Illawarra Road with Heathcote Road;

The provision of bushfire management measures including asset protection zones, access routes and water services and neighbourhood safe places.

ConservationGandangara will protect approximately 566 hectares of land in perpetuity conserving significant biodiversity and maintaining an environmental corridor from Georges River National Park in the north through to the Woronora River, Defence land and other national parts to the south.

The program footprint has been designed to ensure listed threatened species and communities are protected within this conservation reserve.


In the limited cases where this is not possible, the submission contains a package of mitigation and offsets to ensure the overall biodiversity value is maintained or improved.

The proposal has increased the size of the conservation reserve by nearly 50%, since the request for State Significant Site Listing, from 380 hectares to more than 566 hectares.

The site has been, and continues to be, the subject of both illegal dumping and illegal use by trail bikes and 4WDs. The submission proposes to progressively clean up the dump sites and remediate all degraded areas. Almost all the degradation and contamination was done in the many decades the site was owned by the NSW Government. Notwithstanding this, Gandangara proposes to pay for the clean up and remediation itself at no net cost to the NSW Government.

Biodiversity Offset ArrangementsIn addition to the provision and protection of the conservation area, other compensatory measures can be used to offset the loss of biodiversity values from the development footprint. The avoidance and mitigation measures are considered adequate for the MNES relevant to the project. Offsetting is required to address what would otherwise be a net loss of heath, woodland and forest habitat resulting from construction of the program. As the Heathcote Ridge project has been designed to avoid and minimise removal of listed threatened species and communities, the key driver to the offsets package is the loss of habitat.

A substantial package of compensatory measures is to be developed for the program including direct and indirect offsets. The offsets package comprises the following elements, which are discussed in detail in the Ecological Assessment:

Provision and protection of land on-site (Heathcote Ridge ConservationArea);

Preparation and implementation of a Biodiversity Management Plan(BMP) for the Heathcote Ridge Conservation Area (HRCA);

Option for indirect offsets such as research funding.

The offsets package entails establishment of land for permanent conservation of biodiversity values. The aim to securing land for compensatory measures is to have a 2:1 offset ratio, which the proponent is committed to providing. This ratio is considered appropriate given the vegetation to be cleared is predominately non-MNES vegetation and is relatively abundant and conserved in the locality, as well as the provision of indirect offsets.


The MNES biodiversity values of the Heathcote Ridge Conservation Area will be enhanced through the implementation of a BMP and is an important element of the offsets package.

The offset package has been designed to meet the requirements of both the State and Commonwealth agencies and to adhere to, where possible, the NSW Office of Environment and Heritage (OEH) and the Commonwealth Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) principles for offsets. Further development of the offsets package will require consultation with NSW Department of Planning and Infrastructure (DoPI), OEH and SEWPaC.


Figure 2 Land Use Structure Plan


1. INTRODUCTION1.1 BackgroundIn November 2011, the Commonwealth of Australia, through the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) and Gandangara Local Aboriginal Land Council (GLALC) commenced a Strategic Assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBCAct) of the potential impacts likely to arise through the development and management of the Heathcote Ridge Development Site.

This Program Report (PR) has been prepared in accordance with section 6 of the agreement between The Commonwealth of Australia and the GLALC. It describes the program and presents commitments and undertakings for protection of matters of national environmental significance (MNES).

The Heathcote Ridge Development (the Program) creates residential, employment and conservation areas and related infrastructure at Heathcote Ridge Development Site.

The strategic assessment of the Program under the EPBC Act comprises two key reports:

the Program Report (this report) which identifies the elements of the Program and the commitments and undertakings of the GLALC for the protection and management of matters of national environmental significance protected under the EPBC Act; and

the Strategic Assessment Report which provides a comprehensive assessment of the impact of the Program on matters of national environmental significance.

1.2 ConsultationThe Program has been informed by a detailed program of stakeholder consultation, including the local community. A Stakeholder Consultation Strategy was prepared and has been implemented.

Consultation has been based on the meaningful dissemination of information to, and engagement with, relevant parties as part of the Program development and assessment process.

The consultation achieved the following:


Awareness of the Program across a broad range of stakeholders, community groups and the community;

Identification of key issues to be addressed; Processes for on-going consultation.

The consultation included discussions with: Political stakeholders through briefings with local members and

relevant ministers, local councils (Sutherland Shire and Liverpool City) and local ward councillors;

A wide range of government agencies by the consultants on the team in their respective areas of expertise and by the consultation team;

Major adjoining land owners including Department of Defence, Lucas Heights Waste Resource Recovery Park, ANSTO, Cronulla Model Aircraft Club, Jenko Pony Club, Benedicts Quarry, Menai Soil and Sands, local resident groups immediately adjoining the site;

Local community groups including environmental organisations, resident associations, chambers of commerce and the like.

A Draft Program Report and Draft Strategic Assessment Report were exhibited together with the State Significant Site Study from 14 December 2011 to 29February 2012. As a consequence of submissions received, the Program has been modified and the modified Program is addressed in this report.


2. CONTEXT OF THE PROGRAM AND STRATEGIC JUSTIFICATION

2.1 Land Release History2.1.1 Metropolitan Development ProgramSince the early 1960’s the Menai area has been considered by the State government as a potential area for urban expansion. The Sydney Region Outline Plan released by the State Planning Authority in 1968 identified Menai as one of the major urban growth areas in metropolitan Sydney. This was a large area of sandstone plateau and incised gullies bounded by Georges River to the north, Woronora River the east, Liverpool Military Area to the west and the Australian Nuclear Science and Technology Organisation (ANSTO) research facility to the south. The valleys formed by the rivers and tributaries divided and defined the various planning areas of the Menai release area.

Planning for the area in the late sixties and early seventies identified some 37 planning precincts to be developed in three stages as indicated on Figure 3 with development of the first stage commencing in 1971. West Menai was to be developed as the second stage and was released in the late 1970s for this purpose. Stage 3 was to follow.

Figure 3. Menai Release Area Staging 1980’s


2.1.2 ConclusionPrior to Aboriginal land claims, the State Government, through its planning and land development agencies (Department of Planning, Crown Lands Office and Landcom), was progressing the rezoning of the West Menai Release area. Council had prepared a Local Environmental Study of the area and had initiated the preparation of a local environmental plan. As a consequence of the delays associated with the land claims, studies to investigate and resolve outstanding planning issues were not completed and the land was removed from the Urban Development Program so as not to distort land supply figures.

The present State Significant Site Study provides the opportunity to complete comprehensive planning investigations into the suitability of the previous release area for development and move forward with the rezoning of the land for urban purposes.

2.2 Metropolitan Strategic Planning2.2.1 Metropolitan Plan 2036The Metropolitan Plan for Sydney 2036 released in December 2010 is a major review of the previous Metropolitan Strategy – City of Cities: A Plan for Sydney’s Future, 2005. The Metropolitan Plan for Sydney 2036 provides a broad framework for managing growth and development of Sydney over a 25 year period. It aims to support continued economic growth for the Sydney region while balancing social and environmental aspects. It aligns with a number of State Plan priorities, including promoting jobs closer to home and improving housing affordability. The Plan draws on the strengths and principles of the2005 Metropolitan Strategy and the 2010 Metropolitan Transport Plan. With the integration of transport and land use planning, there is now a much greater emphasis on a connected and networked city.

The Metropolitan Plan for Sydney 2036 considered higher population projections than those envisaged under the 2005 Metropolitan Strategy, with an extra 400,000 people expected in Sydney by 2031. This results in a need for an additional 770,000 new dwellings by 2036, an increase of 46%.

The Metropolitan Plan for Sydney 2036 seeks to locate at least 70 per cent of new housing within existing urban areas and up to 30 per cent of new housing in new release areas. New dwelling targets for the South Subregion (containing Sutherland Shire) are an additional 58,000 dwellings to 2036. This can be compared with a target of 35,000 new dwellings to 2031 under the previous 2005 Metropolitan Strategy, of which 10,000 dwellings were targeted for Sutherland.

The employment target for the South Subregion to 2036 is an additional


52,000 jobs. This can be compared with a target of 29,000 to 2031 under the previous


2005 Metropolitan Strategy, of which 8,000 additional jobs was the target forSutherland.

Approximately 62% of Sutherland Shire residents work outside Sutherland. The higher proportion of Sutherland Shire residents which travel outside of Sutherland to work is as a result of there being a shortage of around 50,500 jobs (i.e. the number of Sutherland Shire residents that work exceeds the number of jobs in Sutherland by 50,500).

There are no other release areas in Sutherland Shire and land available to meet the need for employment lands is in short supply. Consequently the site has potential to meet the revised subregional dwelling and employment targets.

New Government AnnouncementsElements of the Metropolitan Plan for Sydney 2036 are likely to be reviewed by the new State government. The Premier has announced plans for the distribution of housing to be more balanced with 50% of new housing within existing urban areas and 50 per cent of new housing in new release areas.

Location of Release AreasThere are no release areas remaining in the Southern Region of Sydney. Sutherland Shire has no land remaining for new housing thus making it difficult for the regional targets for housing to be met in response to the Metropolitan Plan. These targets can only be met by redevelopment in existing areas for higher density housing. This limits the choice and range of housing types available to the market and restricts the provision of new home sites in the Southern Region.

Unlike much of the North West and South West Growth Centres, West Menai is capable of being serviced by Sydney Water with existing water and wastewater systems having capacity to service the development with local amplifications and lead in mains. It is located in a different geographic area and different market and thus would appeal to a range of buyers currently living in Sutherland Shire and the South Subregion and who are looking for an opportunity to buy a home site or house locally so that they can remain in the area. In this way the release of land at Heathcote Ridge would complement release areas in the North West and South West Growth Centres and broaden the range of new housing locations in metropolitan Sydney.

The release of land at West Menai for residential purposes will contribute to the geographic market spread of housing supply including housing for the aged and disabled and affordable housing.


ConclusionThe development finalises the planning process for West Menai that commenced in the 1970’s. It will enable the population and employment targets for the South Subregion in the Metropolitan Plan to be met with an additional release in a market different from other release areas. It completes the planning for the release of the site that commenced with the Sydney Region Outline Plan.

2.2.2 Regional StrategiesThe Draft Sydney South Subregional Strategy was exhibited between December 2007 and March 2008. It reflects the housing and employment targets in the 2005 Metropolitan Strategy with dwelling targets set at 35,000 dwellings compared to 58,000 dwellings under the Metropolitan Plan for Sydney 2036.

The Draft Sydney South Subregional Strategy includes an additional dwelling target of 10,000 for Sutherland. This would increase to approximately 16,500 dwellings proportionally under the new Metropolitan Plan. The Draft Sydney South Subregional Strategy requires substantial review to identify the location of an additional 23,000 dwellings to 2036.

West Menai is identified as a potential employment area to be investigated in the Draft Sydney South Subregional Strategy. The potential for the subregion to attract knowledge and high skill industries to support emerging education and medical facilities and to benefit from research projects being undertaken by CSIRO and ANSTO at Lucas Heights is recognised in the strategy and drives the concepts for employment lands on the site.

The employment capacity target for the subregion to 2031 is 29,000 additional jobs, 8,000 of which are targeted to Sutherland local government area.

The Draft Sydney South Subregional Strategy is to be reviewed and finalised having regard to the revised population and employment forecasts in the Metropolitan Plan for Sydney 2036. It is considered that the land at West Menai can perform an important role in meeting the supply targets for the subregion in a manner that provides a greater diversity in housing choice at the metropolitan and local levels.

2.2.3 ConclusionThe urban release of Heathcote Ridge will assist in achieving the population and employment targets for the South Subregion in the Metropolitan Plan for Sydney 2036 reflected in subregional and local strategies. The demographic and housing market characteristics of this area are different from those in other release areas enabling this release area to complement other releases in the south west growth sector. The availability of essential services such as water, sewerage and electricity ensures that the release of the area will provide


efficiencies in land development and provide for a cost effective development process and provide the opportunity for the development to meet the cost of all infrastructure the development creates a demand for at no net cost to government.

2.3 Demand for Urban Land Uses2.3.1 Demand for Residential LandThe Draft Southern Sub-Regional Strategy identifies the need for an additional35,000 dwellings by 2031, with 28% of these to be provided in Sutherland Shire. The Metropolitan Plan increases the projected dwelling numbers in thesubregion and the current government announced a higher proportion of newdwellings will be provided in greenfield locations.

Population trends in Sutherland indicated a falling population. Between 2001 and 2006 the population of the LGA declined by 0.1% per year (1,300 people in total). The population of the Menai area also declined, by approximately900 people (or -0.6% per year). There has been limited new development, with the number of dwellings in the Menai area increasing by 186 between 2001and 2006 (0.4% per year).

Land availability in the Menai area is scarce and previous smaller releases by the GLALC have experienced strong demand. Additional land supply is required to meet the subregional dwelling projections.

Demand for residential land is expected to remain strong and from a range of sources. A key element of demand is likely to be from existing residents of Sutherland Shire who do not want to leave the area.

Consultations have also indicated strong demand for land by Defence Housing Authority because of the proximity of the site to the Holsworthy Military Area.

The development would occur over a time frame of about 25 years and there will be a number of property cycles during this time. Consequently, current local market conditions, although indicative of a strong demand for land for residential purposes, are of little relevance to the longer term position. The fundamental indicator is the lack of land for urban release in the south of Sydney and the important contribution Heathcote Ridge can make to meeting metropolitan dwelling targets on


a site suited for this purpose and for which planning and service delivery has been commenced but not completed.

Investigations have shown that housing affordability is a critical issue in Sutherland Shire and is clearly apparent on numerous measures. Without an increase in more affordable stock it is likely that supply shortages and


continued high demand will lead to increasingly higher market prices, increasing social inequity. Studies have found that:

A large proportion of ageing residents are living alone in dwellings best suited to families. Not all want, or can afford, to downsize into the housing forms currently available.

Young couples, with and without children, and young adults purchasing their first home being unable to remain in (or return to) Sutherland Shire, near their families and social networks. Many children of residents are currently having to find their first home elsewhere.

Key workers are unable to afford to live near their places of employment. This has a number of indirect economic and social impacts on the LGA. Key workers provide critical services to the community including education, police, childcare, aged services, health care and hospitality. There is a risk of future labour supply shortages, if people choose not to work in high cost areas.

Housing Affordability also extends to the rental market. The socio-economic profile of the Shire is becoming polarised, with

a segment of the community slowly being excluded from the Shire by housing costs.

The Shire is not currently supplying enough dwellings to meet Metropolitan Strategy targets and this is likely to be the case for at least the next few years.

The Shire has no land remaining for new housing. A report by Hill PDA1 in support of a major project application elsewhere in the Shire identified under 3,000 dwellings currently in the Shire’s land development pipeline. Within the study locality there were just 235 dwellings.

Additional measures will be required to meet the new targets in the Metropolitan Plan for Sydney 2036. There is considerable potential for Heathcote Ridge to assist in this process.

2.3.2 Demand for Employment and Retail UsesDetailed investigations have been undertaken into the demand for, and supply of, employment in Sutherland and the capability of the site to meet that demand.

The draft South Sub-Regional Strategy shows that Sutherland has an estimated365 hectares of zoned employment lands (127 hectares of business land and238 hectares of industry land). Most of this land is developed, with just 5%estimated to be vacant. Much of the employment lands in Sutherland are highly fragmented, and service local industry such as car repairs, panelbeaters and other start up local industrial businesses.


1Hill PDA (2010) ‘A centre’s study for Sutherland Shire’


The key employment precincts in Sutherland Shire are highly constrained and/or already highly developed and have limited opportunity for additional development.

The draft South Sub-Regional strategy identifies part of Heathcote Ridge as future employment land.

Future employment opportunities align with campus style development that can accommodate a mix of light industry, offices, technology park and research and education related uses. Parallels can be drawn to developments which include a range of employment uses including office, industrial, medical and pharmaceutical manufacture, data centres, retail and hospital uses. The existing facilities at the ANSTO Corporate Park and CSIRO would serve as a natural incubator to be built upon to meet the Shires employment targets. Such facilities are well linked to areas such as medical research and higher education uses, which are part of the two of the higher employment growth sectors for Sutherland Shire. A satellite campus for the University of Wollongong is an example of a higher education use that might be well suited to the site.

Improvements to the regional road network resulting from the east west link road and any necessary upgrades to Heathcote Road would reduce travel times between Sutherland and Liverpool and increase the attractiveness of the site as an employment area. There is the potential for resultant improvements in public transport including bus services to Holsworthy and Sutherland stations and additional metro bus services.

Investigations into retail needs for the development have been undertaken. This report estimated the retail facility and associated town centre facility requirements to meet the needs of the resident population and development. The report finds that the development (7,500 residents and 4,700 jobs will require retail and related floor space. Such a centre would be anchored by a full-line supermarket of around 3,000 square metres.

2.3.3 Justification for Land UsesThe site has an area of approximately 849 hectares of which about 566 hectares (66.7%) are to be retained in a natural state and protected as a conservation area.

The area identified for rezoning for urban development will provide a balanced mix of residential and employment uses accommodating approximately 4,700 workers and 7,500 residents in locations that respond to site conditions and build on existing communities.

These uses will occupy approximately 283 hectares of the total 849 hectare site with 566 hectares identified for conservation.


It is considered that the land uses are justified for the following main reasons:

The uses are consistent with the capability of the land; The residential land uses will make an important contribution to

meeting regional land supply targets in a manner that is sustainable and achievable;

The employment uses are consistent with sub-regional planning strategy for the area and provide a significant opportunity to redress the imbalance between residents and jobs within Sutherland Shire;

Major utility services are available or can be readily extended to meet the needs of the development;

The uses provide the opportunity for improved access in the wider area with the construction of an extension of the Bangor Bypass to Heathcote Road and the upgrade of Heathcote Road;

The conservation lands contain threatened species, populations and communities and areas of Aboriginal archaeological importance.

In particular the extensive investigations undertaken by GLALC Study build on previous studies and indicate that part of the site is capable of urban development. Key stakeholder and community concerns relating to biodiversity protection, access and bushfire management can be provided and satisfactorily managed.

Previous investigations into the area by government agencies and Council at the time of the release area planning for West Menai indicated potential for about 5,000 home sites for over 18,000 persons and almost 60 hectares of industrial land. The additional investigations undertaken as part of this study and the overarching objectives of achieving a sustainable development outcome have resulted in a reduction in the planned urban footprint to accommodate approximately 2,400dwellings and 51.4 hectares of employment land with the majority of the site and adjoining lands retained as bushland.


3. PROGRAM DESCRIPTION3.1 Site Description3.1.1 Regional ContextHeathcote Ridge is located approximately 25km south-west of the Sydney CBD between the localities of Holsworthy, Menai and Barden Ridge. Lucas Heights is located a few kilometres to the south. The site is 10km south-east of Liverpool, and about 6km west of Sutherland (Figure 4).

Figure 4 Regional Context.

The site is located on the western extremity of Sutherland Shire adjoining the City of Liverpool. It comprises steeply sided sandstone plateau with valleys formed by Mill Creek and its tributaries draining northward to Georges River. A small part of the site drains to the east to Woronora River.

The western boundary is Heathcote Road and the site extending eastward across Mill Creek to the edge of the existing Menai residential area close to New Illawarra Road. Both Heathcote Road and New Illawarra Road connect to the M5, 6km to the north of the site. Heathcote Road joins the


Princes Highway about 9km to the south of the site.


3.1.2 Property DescriptionHeathcote Ridge site comprises a number of allotments that are in the title of Gandangara Local Aboriginal Land Council (“GLALC”) or subject to land claims by the Council. Figure 5 shows the site.

The total site area is approximately 849ha in area. All lands other than LC 1692 and LC 6431 are owned by GLALC as the registered proprietor of freehold title. LC 1692 is a land claim that has been granted and a survey has presently been conducted at GLALC’s expense in order to effect the transfer of the land from the Crown to GLALC, again as the registered proprietor of freehold title. LC 6431 is an undetermined land claim. This means that a claim has been lodged by GLALC pursuant to the provisions of the Aboriginal Land Rights Act (ALRA) but no decision has yet been made by the relevant Minister. The ALRA does not provide any statutory timeframe for the determination of land claims so GLALC is unable to advise the timing for resolution of this outstanding land claim.

Figure 5. Site Details


3.1.3 Site FeaturesTypical of the suburbs of Menai, Bangor, Bardens Ridge, Alfords Point and Illawong, the site comprises sandstone ridges incised by steep weathered gullies and creeklines. These plateau areas are on the eastern and western sides of Mill Creek which runs from south to north towards Georges River. The upper slopes of Mill Creek on the eastern side of the creek up to the ridge line formed by New Illawarra Road is developed for urban purposes whilst the upper slopes on the western side bound by the western ridge along which runs Heathcote Road is undeveloped and are the primary focus of this study.

Figure 6 Site Features


3.1.4 Biodiversity, Flora and FaunaThe vegetation within the project area is predominantly native and forms a mosaic of heath, woodland, forest and wetland and reflects topography, geology and drainage. Topography provides the primary influence to broad vegetation types, with geology and drainage contributing to divide these into specific vegetation communities. The project area has a history of usage for illegal recreational purposes including trail bike riding, 4WD driving and bushwalking. In addition, the north western portion of the project area was previously used for gravel mining.

The vegetation communities on the site include Shale/Sandstone TransitionForest and Sydney Turpentine-Ironbark Forest listed under the EPBC Act.

Figure 7. Vegetation Communities

FloraNearly 400 flora species have been recorded from the project area during the ecological assessment. The dominant plant families encountered within the study area have consistently been represented by the Myrtaceae, Proteaceae, Fabaceae, Ericaceae and Poaceae families. Myrtaceae is the family represented by the highest diversity of species. The floral assemblage across the project area is largely typical of dry sclerophyll sandstone vegetation, however some areas show an influence of clay.


The following EPBC threatened flora species were recorded within the project area:

Acacia bynoeana(Bynoe’s Wattle) (EPBC Act: Vulnerable; TSC Act: Endangered); and

Melaleuca deanei(Deane’s Paperbark) (EPBC Act: Vulnerable; TSC Act: Vulnerable).

A number of threatened flora species known from the locality have the potential to occur within the project area.

Fauna

The fauna habitats within the project area occur within the heath-woodland, woodland and forest vegetation communities and within the permanent and ephemeral water resources.

Over 100 vertebrate fauna species were recorded during the ecological assessment, with the majority of species being native. This includes 10 amphibian, 66 bird, 24 mammal and 14 reptile species. The Grey-headed Flying-fox (Pteropuspoliocephalus) (EPBC Act: Vulnerable) is the only EPBC listed threatened species.

A number of threatened fauna species known from the locality have the potential to occur within the project area.

The extent of impact on biodiversity values has been minimised by altering the development footprint to avoid or minimise direct impacts to MNES. Key communities that have been avoided include Shale/Sandstone Transition Forest and Sydney Turpentine-Ironbark Forest. In addition, the development footprint has been amended to avoid some areas of known occurrence of threatened flora species. The development footprint has been reduced at two locations in the northern portion of the project area to avoid direct impacts to patches of Melaleuca deanei (Deane’s Paperbark).

Wider Biodiversity ConnectionsThe site forms the edge of a continuous area of habitat that extends north through Georges River National Park, west through Holsworthy Military Area (Commonwealth Lands) and south towards Heathcote National Park. Beyond Heathcote National Park, the area of habitat continues south and south west, and includes Royal National Park, Dharawal State Conservation Area and Nattai National Park. On a finer scale, detailed examination of the vegetation and landscape of the area indicates numerous movement corridors for wildlife. Movement of some species from the project area to adjacent areas of habitat is impeded by Heathcote Road along the western boundary and New Illawarra Road in the south eastern portion. Connectivity to Holsworthy


Military Area is restricted for some fauna species due to the presence of a fence line.

Cumberland Ecology2 found that there are large areas of nearby known habitats for all of the impacted threatened flora and fauna within the site.

In relation to other MNES areas: No World Heritage Properties occur within the locality of the

project area; One Natural Heritage Place, “Royal National Park and Garawarra

State Conservation Area”, occurs 3km south east of the project area. The Program is not considered to result in an impact to Royal National Park and Garawarra State Conservation Area; and

One Wetland of International Significance, “Towra Point Nature Reserve”, occurs within the locality of the project area. The project area occurs 11km west of Towra Point Nature Reserve. The Program is not considered to result in an impact to Towra Point Nature Reserve.

2Draft Strategic Assessment Report Heathcote Ridge, West Menai, prepared for Gandangara Local Aboriginal Land Council by Cumberland Ecology with input from BBC Consulting Planners July 2012


Figure 8 Vegetation Mapping in Locality (as per DECCW, 2009)


3.1.5 Urban CapabilityThe Heathcote Ridge Study Area contains a number of key opportunities and constraints. These include:

Constraints Aboriginal Cultural Heritage areas need to be retained and protected; Areas with biodiversity significance including threatened species

and ecological communities and connections with surrounding bushland areas;

Retention of riparian corridors along major streams; Contamination issues – The site has been subject to illegal dumping

and other contamination issues that will require ongoing management;

Steep land formation and geology constraints with rock formations and land slip issues;

Bushfire Hazards; Existing transport and infrastructure is limited and will need

to be upgraded; and Relationships with adjoining lands such as the Cronulla Aero

Club, Holsworthy Training Area the Lucas Heights Resource Recovery Park and uses along new Illawarra Road to be managed.

Opportunities The site has the capacity to contribute to meeting the dwelling needs

of the southern subregion and achieving metropolitan planning targets for new dwellings;

Opportunity to promote sustainable urban development in an area readily capable of access to utility services;

Increased employment within the Sutherland LGA providing ‘live work’opportunities and opportunities to reduce job retention in the

Shire; the on-going management of the majority of the site for

conservation purposes integrated with the management of adjoining and nearby lands of conservation value;

Education (opportunities for partnerships, indigenous scholarship programs, technology and health related courses);

Heritage promotion and interpretation – opportunity to improve amenity of the site and incorporate indigenous heritage interpretation;

New retail services to support the local community; New open space and community services to meet the needs of

the development; Opportunities for improvements to the State road system by

the provision of an additional east west transport link.


The analysis indicates that the four key previously identified constraints of bushfire risk, biodiversity impacts and offsets, access and adjacent uses can be resolved in the design and implementation of the development.

The site is suitable for development and capable of being serviced in an efficient manner with headworks already in place with capacity to accommodate the needs of the development in key infrastructure areas.

3.2 The Program3.2.1 OverviewHeathcote Ridge has the potential to create a high quality, environmentally sustainable new community that is well connected, protects important ecological areas, integrates with adjoining urban and bushland areas and provides a range of living, working and recreational opportunities.

A Land Use Structure Plan for the site has been prepared by Place Design Group with input from the consultant team (Figure 2). The Structure Plan takes into consideration the inputs and views of the local community. The Land Use Structure Plan will be implemented by appropriate zoning and planning controls in Schedule 3 of SEPP (Major Development) 2005.

Urban development will take place over part of the site with the majority of the site to be protected as a conservation area to be managed by the GLALC. Offsets are provided to compensate for the loss of bushland associated with urban development.

The urban design is driven by the need to protect areas of biodiversity significance, to provide adequate protection from potential catastrophic bush fire events and to provide adequate access to the site for private vehicles and public transport.

The key elements of the proposal are:

The provision of a conservation area comprising 66.7% of the site and having an area of 566 hectares;

Of the remaining 283 hectares of land, urban purposes comprise:o 51.4 hectares of employment land (including a new

village centre) estimated to provide 4,700 jobs;o 182.7 hectares of land for residential and associated

purposes including local open space capable of accommodating an estimated 2,400 homes (7,200 persons);

o New sportsfields and open space (17.2 hectares), provision for a school - and community facilities;

o A visitors and cultural heritage centre as a gateway to theHeathcote Conservation Area;


Creation of distinct residential neighbourhoods linked together via walking trails, pathways and a central collector road spine;

Provision of an east west arterial road connecting New Illawarra Road with Heathcote Road;

The provision of bushfire management measures including asset protection zones, access routes and water services and neighbourhood safe places.

As with the remainder of Menai, the urban structure is influenced by topography with development located generally on the plateau areas containing the more gently sloping lands.

3.2.2 Distribution of Land UsesThe Structure Plan accommodates the following principal land uses.

Employment LandsEmployment land is generally along Heathcote Road. This enables good access from Heathcote Road with minimal intrusion of non-residential traffic into residential areas. It also assists in providing the necessary protection to residential areas from bushfire threat from the Holsworthy Military Area to the west.

The employment land is bounded by Heathcote Road to the west and the north south collector road which separates the employment land from the residential land and provides good accessibility to employment uses. The linear structure facilitates effective delivery of public transport.

The employment lands are expected to see a number of phases of development over time from less intensive uses initially which in time could be replaced by higher order employment uses.

It is expected that the employment zones will be attractive to businesses seeking a campus setting in an environment where innovation in sustainability and synergies with facilities at Lucas Heights or universities is encouraged and who would be drawn to the available local skilled labour market.

Residential PrecinctsResidential precincts are accessed from the north south collector road with access to Heathcote Road controlled to a number of points to enable the arterial road network to operate safely and efficiently.

Each precinct is seen as developing with a focal point including a local park and possibly a small convenience or neighbourhood shop. The topography of the site enables each precinct to be structured so that every dwelling is


within


400 metres walking distance to the focal point or collector road along which bus services can operate. This focal point may include the defined neighbourhood safe place in the event of major bush fire.

Flexibility is provided in the general residential areas to facilitate a variety of housing types and more affordable housing.

Village CentreThe village centre is close to the middle of the residential areas. Originally located in the northern precinct, the centre has been relocated in response to community feedback on the need for a community centre earlier in the development process rather that in a precinct that will be one of the last to develop.

The centre has been located close to the east west arterial connection so as to benefit from a more central location and exposure to traffic movements.

It is considered that the town centre will be the focus of the new residential and working communities and will be the location of any primary school, sportsfield, community centre and related uses.

Open Space and Community Facilities

Land is provided to accommodate a range of open space and community facilities to meet the needs of the development.

3.2.3 Movement SystemsStreet SystemThe road network system remains generally the same and includes:

An east west arterial connection linking New Illawarra Road toHeathcote Road;

A collector road system including a north south collector separating the employment and residential lands and complementing the function of Heathcote Road;

Local streets providing access to the residential and employment areas;

Bushland esplanade discussed above and separating urban areas from the conservation area.

Streets will accommodate pedestrian and cycle movements.

The development will contribute to the need for network improvements off the site with the details to be finalised on completion of additional


modelling.


A number measures are identified to influence and change travel behaviour to bring about sustainable travel to and from Heathcote Ridge. Road improvements will be staged in accordance with the development so that required infrastructure is provided to meet the needs of the development. Provision will be made for this infrastructure in a Voluntary Planning Agreement to be entered into by GLALC and the Minister for Planning.

3.2.4 Development StagingDevelopment will occur in a staged manner with the direction of development driven by economies in the provision of access and infrastructure services and the timing of development influenced by demand and take up rates.

Precincts on the eastern side of the site adjacent to existing urban areas will be developed in the early stages with servicing provided as a logical extension of existing services.

Development of the western precincts requires the staged provision of the east west access road. This road may be constructed in stages with the first stage extending to Precinct 8 allowing this precinct to be released. The remaining sections of this road would then be constructed allowing the development of precincts from the east west connector heading north and south.

HEATHCOTE RIDGE

3.3.1 Conservation Area

The Heathcote Ridge Conservation Area (HRCA) comprises that part of the site outside the land zoned for an urban purpose. The HRCA contains areas of the same heath vegetation communities and habitats in a comparable condition to those that will be removed within the development footprint as well as additional vegetation communities including threatened ecological communities listed under the EPBC Act. The purpose of the HRCA is to protect and enhance a significant area of vegetation and associated habitat that will assist in the persistence of biodiversity values for the listed threatened species and communities known or potentially occurring within the project area.

J:\2009\09-191\Reports\strategic assessment\final Feb 13\Program Report Final - Amended Feb 2013.docx


Approximately 566ha of land, including native vegetation, will be retained within the HRCA including examples of the vegetation communities to be removed within the development footprint. Two listed EPBC Act threatened communities will be conserved within the HRCA; Shale/Sandstone Transition Forest and Sydney Turpentine Ironbark Forest. No area of EPBC listed threatened communities are to be cleared within the development footprint. The HRCA contains substantial areas of habitat for threatened flora and fauna species known from the project area and locality. Areas containing known and potential habitat for Acacia bynoeana and Melaleuca deanei occur within the HRCA. Known and potential habitat for the Grey-headed flying fox recorded within the project area will also be retained within the HRCA. Habitat for a number of potentially occurring flora and fauna species also occurs within the HRCA. The HRCA will contribute to retention of a sizeable tract of foraging, roosting and dispersal habitat for threatened species that are predicted to be impacted by the project.

3.3.2 Ownership and Management ArrangementsThe HRCA will be zoned environmental conservation and will be retained in the ownership of GLALC who will fund the preparation and implementation of the BMP. The environmental conservation land use zoning has the following objectives:

(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values(c) To allow recreational uses compatible with the biodiversity values of the area.

Development for any of the following purposes is permitted only with development consent:

drainage; environmental protection works; environmental facilities; flood mitigation works; information and education facilities; kiosks; recreation areas; roads; sewerage systems; stormwater management systems; water reticulation systems; water supply systems; waterbodies; waterway or foreshore management activities.

Development consent for any works within this area requiring consent would be obtained from the relevant consent authority.

3.3.3 Conservation Area Management PlanThe biodiversity values of the HRCA will be enhanced through the implementation of a Biodiversity Management Plan (BMP). The BMP will build upon the management of the native vegetation within adjacent areas to assist in enhancing the integrity of the biodiversity values in the locality. The long term protection of the HRCA and the implementation of best practice


management strategies will achieve long term conservation outcomes including threatened species, populations and ecological communities listed under the EPBC Act. As numerous cultural heritage sites occur within the HRCA, these will also be included within the management actions within the BMP. Bushfire management requirements will also be included.

GLALC proposes the preparation of a comprehensive BMP for the HRCA prior to the commencement of the development to incorporate all of the impact mitigation and management measures to be undertaken for the project, and provide detailed specifications for their implementation. The BMP will also include provisions for bushfire management, cultural heritage management and public access. The purpose of the BMP is to ensure that the conservation objectives of the project are met and that impacts to biodiversity are adequately managed in perpetuity.

The BMP will be a working document that guides all facets of biodiversity management and biodiversity mitigation for the project, and includes clear objectives and actions. The BMP will specify what measures will be undertaken, how they will be undertaken, and will provide a timeline to ensure that all activities are conducted according to the plan. The BMP will provide key performance indicators against which to measure progress and will specify appropriate review periods where progress is reviewed and the document updated as required.

The development of the plan will include consideration of the following management plans and guidelines for relevant lands within the locality:

Georges River National Park Plan of Management (NPWS 1994); Plan of Management: Natural Areas – Lucas Heights Conservation Area

(Sutherland Shire Council, unpublished); Royal National Park, Heathcote National Park and Garawarra State

Recreation Area Plan of Management (NPWS 2000); Guidelines for developments adjoining Department of Environment and

Climate Change lands (DECC 2008).

Harmonising management arrangements across administrative boundaries will result in significant benefits in terms of biodiversity protection, management efficiencies, integrated access and management arrangements and educational and scientific research.

Consultation with relevant adjacent land owners, including Department of Defence (Holsworthy Military Area), Office of Environment (Georges River National Park), Sutherland Shire Council (Lucas Heights Conservation Area) and ANSTO, to assist in establishing a subregional objectives of biodiversity management. These objectives can be incorporated into the BMP for the Heathcote Ridge Conservation Area.


Key management components to be addressed within the BMP include:

Mitigation measures, such as erosion and sediment control, to reduce impacts from the adjacent development footprint;

Management of general biodiversity values:o Measures to instigate the cessation of illegal recreation uses

of the project area (eg. Trail bike riding, 4WD driving);o Erosion and sedimentation controls;o Closure and rehabilitation of existing tracks;o Rehabilitation and stabilisation of riparian zones;o Weed management including measures for

prevention, suppression, control, and maintenance; ando Feral animal control.

Management of threatened species and threatened ecological communities:

o Translocation of Acacia bynoeana from the development footprint to similar habitat within the HRCA and associated monitoring;

o Enhancement and rehabilitation of threatened ecological communities including Sydney Turpentine Ironbark Forest and , Shale/Sandstone Transition Forest;

o Enhancement and rehabilitation of habitat within the HRCAsuitable for Melaleuca deanei and Acacia bynoeana; and

o Monitoring of threatened flora and fauna populations. Bushfire management; Protection and management of cultural heritage sites in

conjunction with GLALC; Management of ongoing uses of the HRCA:

o Development of access management protocols to determine access for permissible activities, such as implementation of the BMP and walking tracks;

o Details of any requirements for fencing and signage relating to access rights within the various areas of the HRCA; and

o Establishment and maintenance of authorised walking tracks. Monitoring of biodiversity values to guide adaptive management

(see below for further detail).

Extensive areas of land are managed for conservation in the locality. The Biodiversity Management Plan (BMP) will describe the detailed management actions to achieve the outcomes and commitments for MNES as set out in Section 5 of the Program Report. Feasible targets for management measures are incorporated into the BMP. The details of funding arrangements are to be contained in the Biodiversity Management Plan, the preparation of which is to be a required under a Planning Agreement between the Minister for Planning


and Infrastructure and Gandangara Local Aboriginal Land Council in the course of preparation.

3.3.4 Compensatory MeasuresNo area of Shale/Sandstone Transition Forest and Sydney Turpentine-Ironbark Forest which are listed under the EPBC Act will be removed within the development footprint. There may be indirect effects on these communities. Potential impacts on EPBC listed species include:

Removal of known habitat for Acacia by noeana, and Melaleuca deanei and removal of potential habitat for these and other potentially occurring flora species; and

Removal of known and potential habitat for the Grey-headed Flying- fox.

The avoidance and mitigation measures are considered adequate for the MNES relevant to the project. Offsetting is required to address what would otherwise be a net loss of heath, woodland and forest habitat resulting from construction of the program. As the Heathcote Ridge project has been designed to avoid and minimise removal of listed threatened species and communities, the key driver to the offsets package is the loss of habitat.

The project area occurs in proximity to a substantial reserve system including Georges River National Park, Heathcote National Park and Royal National Park, which provide long-term security for listed threatened species and communities. Despite the high level of conservation of similar biodiversity values, compensatory measures for the project have been developed to supplement the avoidance and mitigation measures, and are being used to offset the loss of biodiversity values from the development footprint.

The package of compensatory measures for the project includes direct and indirect offsets. The package comprises the following elements:

Provision and protection of land on-site (Heathcote Ridge ConservationArea);

Preparation and implementation of a Biodiversity Management Plan for the Heathcote Ridge Conservation Area including provisions for:

o Ongoing management;o Translocation of Acacia bynoeana within the Heathcote Ridge

Conservation Area; ando Ongoing monitoring.

Option for indirect offsets such as research funding.

The offset package has been designed to meet the requirements of both the State and Commonwealth agencies and to adhere to, where possible, the OEH principles for offsets.


3.3.5 Managing Cultural SitesCultural sites within the conservation area are to be managed in accordance with an Aboriginal Heritage Management Plan to guide ongoing management of Aboriginal heritage within the conservation area and future urban areas in accordance with the recommendations of the Aboriginal Heritage Assessment Report.

3.3.6 Managing Riparian CorridorsA Riparian Corridor Assessment has been prepared for the study area by Harris Environmental Consulting. In most cases, the width of the Core Riparian Zone (CRZ) is no more than 1m at the head and gradually widens downstream with increasing catchment.

The BMP for the conservation area will include management of riparian streams within this area. This includes the majority of streams on the site.

In some cases the upper reaches of lower order streams (order 1 streams) are located within land to be zoned for urban development. Such streams have been disturbed in many instances by human activity on the site and resulting erosion and vegetation removal. These water courses will be managed through the urban design process and will be protected as required with appropriate buffer zones. The appropriate management measures will include grass swales.


4. PROGRAM IMPLEMENTATION4.1 Legal FrameworkThe Program will be implemented via a statutory planning and infrastructure contribution framework established under environmental and planning legislation.

4.1.1 Environment Protection and Biodiversity Conservation Act 1999The Commonwealth EPBC Act establishes a requirement of Commonwealth environmental assessment and approval for:

actions that are likely to have a significant impact on matters of national environmental significance; and

actions that are likely to have a significant impact on the environment on Commonwealth land..

If the Commonwealth Environment Minister determines that an approval is required under the EPBC Act, the action is deemed to be a ‘controlled action’ and must undergo assessment under the EPBC Act and obtain an approval under the EPBC Act prior to being undertaken.

The EPBC Act also provides for strategic assessment (s146 of the EPBC Act) of a policy, plan or program. These strategic assessment provisions of the EPBC Act allows for the approval of actions or classes of actions if they are taken in accordance with an endorsed a policy, plan or program. Within this context, a strategic assessment is a single process that can address a range of activities that would otherwise be assessed on a project-by-project basis. This process enables early consideration of MNES in the planning process, provides greater certainty over future development and reduces administrative burden by negating the need for individual development approvals under the EPBC Act.

4.1.2 Environmental Planning and Assessment Act 1979 and Regulation

2000The EP&A Act and Regulation guide planning and development in NSW including preparation of environmental planning instruments that control development on land.

The EP&A Act regulates the implementation and enforcement of planning powers. It makes provision for the preparation of environmental planning instruments that control development on land. EPIs include the State Environmental Planning Policy (Major Development) 2007 (the Major Development SEPP) under which the site is being rezoned.


Schedule 3 of the Major Development SEPP identifies a number of sites in NSWthat are determined to be State Significant. This schedule rezones these sites


and determines appropriate development controls to direct future development.

On 22 September 2010, the then Minister for Planning agreed to consider a proposal to have the site included as a State Significant Site. A study is in support of the proposal to have the SEPP amended to include Heathcote Ridge has been prepared addressing the SSS Study Requirements issued by the Director-General of the Department of Planning and the requirements of the Major Development SEPP.

The SSS Study Requirements calls for an assessment of the sustainability criteria for new land releases in the 2005 Metropolitan Strategy. The proposal readily meets these sustainability criteria for new land releases in the 2005Metropolitan Strategy. This justifies the suitability of the site for residential development and the reinstatement of the site on the MetropolitanDevelopment Program.

Clause 8 of the Major Development SEPP requires the SSS Study to consider the State or regional planning significance of the site. These provisions of the Major Development SEPP are used to deliver the State’s planning objectives on major sites important in the implementation of the Metropolitan Plan and other regional strategies. The provisions facilitate major investment in significant economic and employment generating development in NSW.

The criteria for determining whether a site is of State Significance is set out in the Department of Planning’s Guideline for State Significant Sites under the Major Projects SEPP which requires that a State Significant Site must be of State or regional planning significance because of its social, economic or environmental characteristics. One or more of the following criteria are to be met:

(a) be of regional or state importance because it is in an identified strategic location (in a State or regional strategy), its importance to a particular industry sector, or its employment, infrastructure, service delivery or redevelopment significance in achieving government policy objectives; or

(b) be of regional or state environmental conservation or natural resource importance in achieving State or regional objectives.; or(c) be of regional or state importance in terms of amenity, cultural, heritage, or historical significance in achieving State or regional objectives. For example sensitive redevelopment of important heritage precincts; or(d) need alternative planning or consent arrangements where:

(i) added transparency is required because of potential conflicting interests(ii) more than one local council is likely to be affected.


It is considered that the proposal satisfied these criteria for the following reasons.

(a) be of regional or state importance because it is in an identified strategic location (in a State or regional strategy), its importance to a particular industry sector, or its employment, infrastructure, service delivery or redevelopment significance in achieving government policy objectivesThe Site has been recognised for its State and Regional significance and included in the Sydney South Subregional Strategy for future employment uses and conservation. The land to be rezoned for employment uses will provide approximately 51.4 hectares of employment generating land.

Residential land will provide the only new residential release area in the South Subregion and provide the opportunity for new home buyers to remain in the area. It will add diversity and choice to housing availability in the area and provide a land release in a market segment that is different from other release areas.

The 566 hectares preserved for conservation values will remain in GLALC ownership, under a comprehensive management plan. This will ensure a natural green corridor will remain and be managed to the benefit of the State and the community adjacent the Georges River National Park, protecting the upper reaches of the Georges River and Mill Creek. The preservation of land for conservation and subsequent management will also ensure the ongoing protection of threatened species and ecological communities found to occur within the site.

The 51.4 hectares of employment land and future potential 2,400 dwellings will assist in achieving the State Government new dwelling and employment targets in the Metropolitan Plan for Sydney 2036 in a manner that can be readily incorporated into the final subregional strategy.

The site is a significant parcel of land in Sydney South Subregion and one that has previously been included in metropolitan plans and draft subregional strategies. The proposal will assist in meeting State government policy to release land to the market as quickly as possible.

(b) be of regional or state environmental conservation or natural resource importance in achieving State or regional objectives.Parts of the site are of regional environmental conservation and natural resource importance because it contains endangered ecological communities and threatened flora and fauna species. The site covers a wide area over sandstone, shale and transitional soil landscapes giving rise to a variety of vegetation assemblages.


The protection and on-going management of approximately 566 hectares of conservation lands is a key element of the proposal. This includes retention of the riparian corridors and adjacent steep lands by GLALC will maintain connectivity between the vegetation to the north and south of the site, including the adjoining National Park.

Management by GLALC will ensure that the biodiversity values within the retained vegetation communities will be maintained and enhanced over time.

The proposal will result in the:

Protection of areas of Aboriginal cultural significance; Protection of riparian zones and hanging wetlands; Protection of endangered ecological communities; Protection of known and potential habitat for threatened flora

and fauna; and Clean-up of degraded areas from previous illegal tipping.

(c) be of regional or state importance in terms of amenity, cultural, heritage, or historical significance in achieving State or regional objectives. For example sensitive redevelopment of important heritage precinctsParts of the site are of regional cultural significance in relation to evidence of Aboriginal occupation of the area. It is also of cultural importance being an area of approximately 849 hectares in single ownership of the GLALC, an organisation seeking to be self funding and serving its people and committed to social, economic and environmental outcomes for the community. Returns from development will be invested in a range of initiatives including Aboriginal cultural and community facilities, bushland rehabilitation, medical programs and facilities, Aboriginal employment schemes and training opportunities.

(d) need alternative planning or consent arrangements where:

(i) added transparency is required because of potential conflicting interests(ii) more than one local council is likely to be affected

The site is at the extremities of two LGAs with the proposal having implications for Liverpool and Sutherland LGAs. Alternate assessment arrangements will ensure that proper consideration is given to the impacts and benefits the project will provide to both LGAs.

The Site needs to be considered in a State / Regional context rather than local context to allow for a co-ordinated protection of priority areas of biodiversity, the appropriate development of land for employment uses, the regional traffic implications and importantly the development of residential and supporting uses to ensure a dynamic and successful development is created.


Sections 37 and 38 of the EP&A Act contain provisions for making SEPPs, including amending SEPPs.

There are a range of other environmental planning instruments that control development on land in order to achieve the objects of the EP&A Act which are:

(a) to encourage:(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, naturalareas, forests, minerals, water, cities, towns and villages for thepurpose of promoting the social and economic welfare of the community and a better environment,(ii) the promotion and co-ordination of the orderly andeconomic use and development of land,(iii) the protection, provision and co-ordination of communication and utility services,(iv) the provision of land for public purposes,(v) the provision and co-ordination of community services and facilities, and(vi) the protection of the environment, including the protectionand conservation of native animals and plants, including threatened species, populations and ecological communities,and their habitats, and(vii) ecologically sustainable development, and(viii) the provision and maintenance of affordable housing, and

(b) to promote the sharing of the responsibility for environmental planning between the different levels of government in the State, and(c) to provide increased opportunity for public involvement andparticipation in environmental planning and assessment.

4.1.3 Threatened Species Conservation Act (TSC Act) 1995The TSC Act broadly seeks to ensure that the impact of any action affecting threatened species, populations and ecological communities is properly assessed, and to encourage the conservation of threatened species, populations and ecological communities. The Schedules of the TSC Act comprise lists of threatened marine and terrestrial fauna. The TSC Act requires consideration of whether a development or an activity is likely to significantly impact threatened species, populations, communities or their habitat. Consideration of recovery plans, threat abatement plans, key threatening processes and critical habitat is also required. The TSC Act contains a prohibition against the damage of threatened species and their habitat and contains provisions to protect endangered populations and threatened ecological communities. The Ecological Assessment Report, prepared by Cumberland Ecology, focuses on threatened species,


populations and communities listed by the TSC Act.


4.2 Planning Processes and ToolsThe Major Development SEPP provides a State government based planning framework for the development of State significant sites. It makes provision for a number of key policies, strategies, plans and legislation that will guide the detailed land use planning process and development assessment and approvals.

The Major Development SEPP will ultimately establish the land use zoning and development controls for all the land within the site. Consent authorities, such as local councils, must apply the provisions and consider the objectives of the SEPP when they make planning decisions concerning the site.

4.2.1 Land Use ZonesThe Heathcote Ridge site is to be rezoned to the following land use zones:

Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone B2 Local Centre, Zone B6 Enterprise Zone, Zone IN2 Light Industrial, Zone SP2 Infrastructure, Zone RE1 Public Recreation, and Zone E2 Environmental Conservation.

In accordance with the provisions of Part 2 of the Standard instrument Principal LEP Template, the zone objectives and land uses have been tailored where allowed by the Standard instrument to some extent to reflect certain site specific characteristics. Those amendments add to the standard mandatory objectives for each zone to reflect the significance, intended function and character of the future open space areas and urban lands.

4.2.2 Principal Development StandardsControls in relation to minimum lot size and density, floor space and height and for different types of residential development such as dual occupancies and apartments are provided.

The controls provide that development consent must not be granted for development within Heathcote Ridge unless the consent authority is satisfied that any public utility infrastructure that is essential for the development is available or that adequate arrangements have been made to have that infrastructure available when required. The SEPP amendment provides that utility undertakings by or on behalf of a public authority are subject to assessment under Part 5 of the EP&A Act.


Future development on the site will be subject to further environmental assessment and approval for subdivision and infrastructure works associated with the development of neighbourhoods, and where not covered by exempt and complying provisions, for individual buildings.

The Heathcote Ridge site will be developed as a series of staged neighbourhoods or precincts which will be the subject of more detailed design and assessment to support subdivision and street layout, open space areas and infrastructure provisions.

The consent authority will be determined having regard to the provisions of the EP&A Act, accompanying regulation and environmental planning instruments as in force from time to time. It is considered that development will be determined having regard to Parts 4 or 5 of the EP&A Act.

4.2.3 Infrastructure RequirementsThe implementation of the project will require the provision of a range of public amenities and services to meet the needs of the development. This includes environmental conservation. A key commitment of the GLALC has been that the project will fund its own infrastructure demands at no net cost to government.

The public infrastructure and environmental conservation works required to meet the demand generated by the development and associated funding mechanisms have been identified.

Funding Mechanisms

The Environmental Planning and Assessment Act 1979 provides a number of means by which infrastructure can beprovided and funded including:

Developer contributions under s94; Fixed development consent levies under s94A; A Voluntary Planning Agreement under s93F; Conditions imposed to the grant of a development consent under

S80A(1)(f) of the Act requiring works on or off the site.

A planning agreement is a voluntary agreement between a planning authority and a person such as GLALC who has sought a change to an environmental planning instrument, or who has made, or proposes to make, a development application under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose. Public purposes can include amenities or services, transport infrastructure, affordable housing andconservation and enhancement of the natural environment.


Planning agreements are negotiated between the developer and the planning authority in the context of the change to the planning controls on the site.

Fundamental principles governing the participation by planning authorities in planning agreements include:

planning agreements must be governed by the fundamental principle that planning decisions may not be bought or sold or pre-determined;

planning authorities should not allow planning agreements to improperly fetter the exercise of statutory functions with which they are charged.

The proponent, GLALC, proposes to hold discussions with the DoPI and Sutherland Council in relation to entering into one or more Voluntary Planning Agreements for the provision of public purposes including amenities or services, transport infrastructure, affordable housing and conservation and enhancement of the natural environment the need for which is generated by the Heathcote Ridge development.

It is considered that VPAs provide a number of community benefits:

they facilitate the integrated planning and delivery of facilities and services required to meet the needs of the development in a timely manner in conjunction with the development;

they clearly set out the infrastructure to be provided and the responsibilities of the parties;

they provide certainty to government that the proponent can meet governance and financial obligations relating to the project.

4.3 Conservation Processes and Tools4.3.1 Impacts on Threatened Flora and Fauna and Endangered

Ecological CommunitiesMeasures have been taken to reduce the size of the development footprint to avoid to minimise direct impacts on Endangered Ecological Communities and threatened species. This has reduced the area of impact for known and potentially occurring threatened flora and fauna.

No area of Shale/Sandstone Transition Forest or Sydney Turpentine-Ironbark Forest which are listed under the EPBC Act will be removed within the development footprint. There may be indirect effects on these communities.

Potential impacts on EPBC listed species


include:


Removal of known habitat for Acacia bynoeana, and Melaleuca deanei and removal of potential habitat for these and other potentially occurring flora species; and

Removal of known and potential habitat for the Grey-headed Flying- fox.

The substantial reduction in the size of the development footprint from approximately 560ha under the initial proposal to 283ha has also increased the width of the vegetated corridor extending north/south through the project area. This corridor connects vegetation and associated habitats from Georges River National Park to vegetation to the south of the project area which extends to Heathcote National Park and Royal National Park.

The following is a summary of the impact of the project on listed species and communities:

Removal of known habitat for Acacia bynoeana, and Melaleuca deanei and removal of potential habitat for these and other potentially occurring flora species; and

Removal of known habitat for the Grey-headed Flying-fox.

In addition to the direct impact of vegetation and habitat removal, a number of other indirect impacts to vegetation and habitat can occur to the retained vegetation including those related to habitat fragmentation, edge effects, alteration to hydrological regimes, sedimentation and erosion, weeds and feral animals and physical damage. The habitat fragmentation, edge effects and other indirect impacts can impact on threatened fauna species such as the Grey-headed Flying-fox.

The listed threatened species to be removed within the development footprint are represented in adjacent areas within the locality, primarily to the west and south of the site. The vegetation within the site is mirrored within Holsworthy Military Area adjacent to Heathcote Road. Within the locality, Angophora hispida – Eucalyptus haemastoma Heath-Woodland will be most impacted by the development with approximately 5.78% of its distribution to be cleared, followed by Corymbiagummifera – Angophora costata Woodland at 2.88%. The proportions of each of the remaining communities to be cleared within the locality are all less than one percent.

Substantial areas of Angophora hispida – Eucalyptus haemastoma Heath- Woodland occur within Holsworthy Military Area. The habitats associated within the vegetation communities to be removed within the development footprint are also represented in the locality.

4.3.2 Ecological CorridorsThe site forms an edge of a continuous area of habitat which connects to a number of national parks. The project will retain a north-south and south west


corridor providing and protecting connectivity between regional parks and the Holsworthy Military Area. Retention of these corridors will continue to facilitate the movement of species within the locality.

The project will reduce the width of some potential local movement corridors for wildlife, constituting dispersal, foraging and nesting habitat for a range of fauna groups, particularly birds and small-medium sized mammals. The local movement corridors most impacted by the project are those connecting fragments of Angophora hispida – Eucalyptus haemastoma Heath-Woodland community. Connectivity to the adjacent Holsworthy Military Area will be reduced, with the connection to occur in the south western corner of the project area. This movement is already restricted by the fencing surrounding the Defence property. The mesic habitats and areas along creeks which form corridors for many species will be retained within the project area. The retained local corridors within the project area are to be managed to enhance ecological values.

The maintenance and preservation of wildlife corridors is an important planning consideration influencing the development. Provision has been made for wildlife corridors to retain viability of habitats.

4.3.3 Attributes of Offsets PackageA range of mitigation and compensation measures will offset the direct and indirect impacts of the proposal. These are in addition to the avoidance measures such as general reduction of the development footprint to reduce the area of impact for known and potentially occurring threatened flora and fauna. The substantial reduction in the size of the development footprint from approximately 560ha to 283ha has also increased the width of the vegetated corridor extending north/south through the project area.

Mitigation MeasuresA range of mitigation measures are to be implemented within the project area to minimise the impacts to biodiversity values. As the majority of the development footprint will be cleared, the mitigation measures are primarily related to reducing impact to adjacent vegetation, including that within the project area. A summary of the mitigation measures for the project are provided below:

Planning-related mitigation measures include:

Rezoning of the project area to assist ensuring the retained vegetation is protected through appropriate land use zoning for conservation purposes;

Positioning of the Asset Protection Zones (APZs) outside of the retained area of vegetation;


Design of APZs in accordance with the NSW Government publication Planning for Bushfires 2006to allow for these areas to act as a buffer between the developed areas and retained vegetation;

Design of water management devices within the APZ to provide alternative habitat to fauna species; and

Staged development which should allow fauna to relocate into adjacent woodland without assistance by using surrounding habitat connectivity to facilitate dispersal.

General construction mitigation measures to be achieved through the preparation of construction management plans as required by conditions of development approval and which include:

Dust management - to minimise the impacts to vegetation and habitat quality;

Noise management - to minimise impacts to fauna species; Erosion and sedimentation controls - to minimise the impact to

adjacent vegetation and downstream environments Stormwater management, through the implementation of a

stormwater management plan - to minimise impacts to adjacent vegetation and habitat, and to provide stormwater control devices that could serve as potential habitat for fauna.

Targeted ecological mitigation measures including:o Inductions for contractors and visitors to address the location

of sensitive flora and fauna and outline their roles and responsibilities for the protection and/or minimisation of impacts to biodiversity values;

o Vegetation clearance protocols; ando Fauna pre-clearance, rescue and translocation protocols.

General operational mitigation measures:

Ongoing erosion and sediment control; Ongoing stormwater management; Promotion of community awareness of biodiversity values of

the retained vegetation and associated habitats; and Inspections to monitor effectiveness of mitigation measures

and provisions for adaption as required.

Details of these construction and operational mitigation measures are to be included with any construction management plan and the Biodiversity Management Plan (BMP) to be prepared for the retained vegetation.


Compensatory MeasuresCompensatory measures for the project have been developed to supplement the avoidance and mitigation measures, discussed above, and are being used to offset the loss of biodiversity values from the development footprint. The compensatory measures will address what would otherwise be a net loss of heath, woodland and forest habitat resulting from construction of the project. As the Heathcote Ridge project has been designed to avoid or minimise removal of listed threatened species and communities, the key driver to the package of compensatory measures is the loss of threatened species habitat.

The package of compensatory measures for the project includes direct and indirect offsets. The package comprises the following elements:

Provision and protection of land on-site (Heathcote Ridge Conservation Area): The Heathcote Ridge Conservation Area (HRCA) comprises the remaining land within the project area, outside of the development footprint. The HRCA, which contains approximately 566ha of land, including native vegetation, has been included within the offsets package as it contains areas of listed threatened communities as well as habitats for listed threatened species that will be translocated or removed from within the development footprint. One purpose of the HRCA is to protect and enhance a significant area of vegetation and associated habitat that will assist in the persistence of biodiversity values for the MNES, known or potentially occurring within the project area. The land will be rezoned in perpetuity for conservation, and GLALC will retain ownership.

Preparation and implementation of a Biodiversity Management Plan for the Heathcote Ridge Conservation Area: The BMP will provide a comprehensive framework for the implementation of the biodiversity management measures for the project. The BMP will provide detailed information on the HRCA, including descriptions of the vegetation communities including MNES and the management actions required to conserve and improve the biodiversity within the HRCA and maximise the ability to provide habitat for threatened species. The BMP will outline long and short term management requirements and monitoring methodologies for the HRCA as well as objectives, performance criteria and indicators, and details of other contributions to conservation.

Option for indirect offsets such as research funding: To supplement the conservation areas and their associated management, the package of compensatory measures is to include provision of indirect offsets such as monetary contributions to research on biodiversity issues relating to the project area. Potential options for indirect offsets include: Research into the conservation and management of the threatened species recorded from the project area, Contribution towards the preparation of Recovery Plans for threatened species, Contribution towards the development of sub regional biodiversity strategies, Implementing action(s) in a Recovery Plan, Biodiversity Action Plan or Management


Plan, or Financial contributions to the management of conserved land in the locality. The details of these indirect measures is to be contained in the Biodiversity Management Plan, the preparation of which is required under a Planning Agreement between the Minister for Planning and Infrastructure and Gandangara Local Aboriginal Land Council in the course of preparation.

The offset package has been designed to meet the requirements of both the State and Commonwealth agencies and to adhere to, where possible, the OEH principles for offsets. Further development of the offsets package will require consultation with Department of Planning and Infrastructure (DoPI), OEH and SEWPaC. Compensatory measures will be finalised prior to approval of the project.

The HRCA will be zoned environmental conservation and will be retained in the ownership of GLALC who will fund the preparation and implementation of the BMP, including measures for MNES.

4.3.4 Aboriginal Cultural Heritage ImpactsA total of 41 previously recorded sites and 40 newly recorded sites within proximity to potentially developable areas have been considered. In addition two areas of potential Aboriginal cultural significance have been suggested by some Aboriginal people consulted, and queried by others.

The results of the study have allowed the extent of potentially developable areas to be amended to avoid impacts to documented Aboriginal archaeological sites. Several areas of archaeological potential may be affected however and require further investigation to determine whether they contain any Aboriginal archaeological remains.

The enactment of these recommended actions will provide a solid basis for the preparation of an Aboriginal Heritage Management Plan to guide the ongoing management and protection of Aboriginal heritage in relation to future development within the subject lands.

The proponent, GLALC proposes to prepare this management plan to be implemented during the development design and approval processes.


5. OUTCOMES AND COMMITMENTS FOR MATTERS OF NATIONAL ENVIRONMENTAL SIGNIFICANCE

The Program includes a range of measures for MNES protected under the EPBC Act. This section describes those measures and the activities to achieve them for each of the key matters. The measures are drawn from the detailedanalysis in the Strategic Assessment Report and include:

potential impacts to the MNES; measures to mitigate and manage potential impacts; offset measures; and the conservation outcome.

5.1 OutcomesSydney Turpentine-Ironbark ForestNo area of Sydney Turpentine-Ironbark Forest which is listed under the EPBC Act will be removed within the development footprint. There is no direct interface between Sydney Turpentine/Ironbark Forest and the development footprint, which minimises indirect impacts to the community. Potential indirect impacts to this community include weed invasion and physical damage from uncontrolled access. A buffer between the development and the community will assist in reducing indirect impacts.

No offsets are proposed for Sydney Turpentine-Ironbark Forest as avoidance and mitigation measures are considered sufficient to ensure the persistence of the community.

The area of this community occurring within the program area is located within the Heathcote Ridge Conservation Area. This area of land is to be retained under an appropriate zoning so as to ensure its ongoing protection. The zoning is consistent with the NSW Government’s Principal Local Environmental Plan under which the HRCA would be within Zone E2 Environmental Conservation. The objectives of Zone E2 Environmental Conservation are as follows:

(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values(c) To allow recreational uses compatible with the biodiversity values of the area.


Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation:



All other development is prohibited.A Biodiversity Management Plan is also to be implemented within the Heathcote Ridge Conservation Area. Implementation of such a plan would assist in improving the quality of the community by restoring the areas degraded from ongoing land uses and managing potential ongoing impacts such as weed invasion. Provisions for monitoring will assist in the ongoing adaptive management of the community

Shale/Sandstone Transition ForestNo area of Shale/Sandstone Transition Forest which is listed under the EPBC Act will be removed within the development footprint. As a result of the program, there will be numerous interfaces between the development footprint and the retained portions of Shale/Sandstone Transition Forest. These portions of the community will be indirectly impacted. Clearing of vegetation at this interface will increase edge effects on the retained portion of Shale/Sandstone Transition Forest and as a result, the community may be impacted by altered microclimates, weed invasion and soil erosion. This community may also be impacted by physical damage from uncontrolled access.

No offsets are proposed for Shale/Sandstone Transition Forest as avoidance and mitigation measures are considered sufficient to ensure the persistence of the community.

The area of this community occurring within the program area is located within the Heathcote Ridge Conservation Area. This area of land is to be retained under an appropriate zoning so as to ensure its ongoing protection. A Biodiversity Management Plan is also to be implemented within the Heathcote Ridge Conservation Area. Implementation of such a plan would assist in improving the quality of the community by restoring the areas degraded from ongoing land uses and managing potential ongoing impacts such as weed invasion. Provisions for monitoring will assist in the ongoing adaptive management of the community

Acacia bynoeana,Twenty-one individuals of Acacia bynoeana will be removed and translocated as a result of the program. As this species is known to have a long-term soil seed bank, translocation will also include the transfer of the soil material adjoining the specimens. The translocated specimens will be retained within the program area. There is a high risk of uncertainty associated with translocation. An additional seven known individuals will be retained within the


conservation area. This species is not currently known within any of the conservation reserves within the locality.

Approximately 188.85ha of suitable habitat for Acacia bynoeanacomprising Angophora hispida – Eucalyptus haemastoma Heath-Woodland is to be cleared from the program area. The loss of this vegetation would result in a decrease in the amount of suitable habitat available to this species. The habitat to be removed within the program area is not considered important for the long-term survival of the species. Approximately 51.24ha of suitable habitat, including seven known individuals, will be conserved within the project area. Additional areas of potential habitat occur within the locality, such as within Holsworthy Military Area.

The local population of Acacia bynoeana within the program area is not considered as an important population or occurring in habitat critical to the survival of the species, therefore avoidance measures have not been implemented for this species. Individuals of the local population will be retained within the conservation area.

Some mitigation measures under the program are relevant to Acacia bynoeana, including the translocation of a portion of the local population and management of suitable habitat within the Heathcote Ridge Conservation Area. This area of land is to be retained under an appropriate zoning so as to ensure its ongoing protection. A Biodiversity Management Plan is also to be implemented within the Heathcote Ridge Conservation Area. Implementation of such a plan would assist in improving the quality of the suitable habitat by restoring the previously impacted areas and managing potential ongoing impacts such as weed invasion. Provisions for monitoring will assist in the ongoing adaptive management of the species and its habitat.

Melaleuca deaneiThis species was recorded at numerous locations across the program area. Seventy-one known individuals occur within the development footprint. There is potential for this species to occur within additional areas within the development footprint. The local populations of Melaleuca denai occurring within the program area are not considered as a population that is necessary for the species long term survival and recovery.

Approximately 261.7ha of suitable habitat for Melaleuca deanei, comprising Angophora hispida – Eucalyptus haemastoma Heath-Woodland and Corymbiagummifera – Angophora costata Woodland is to be cleared from the project area. The loss of this vegetation would result in a decrease in the amount of suitable habitat available to this species. The habitat to be removed within the project area is not considered important for the long-term survival of the species. Approximately 276.31ha of suitable habitat, including22 known individuals, will be conserved within the project area. Additional


areas of potential habitat occur within the locality, such as within Lucus HeightsConservation Area.

The local population of Melaleuca deanei within the program area is not considered as an important population or occurring in habitat critical to the survival of the species. Despite this, a number of areas containing individuals of this species, as well as potential habitat, have been avoided.

Some mitigation measures under the program are relevant to Melaleuca deanei, including management of suitable habitat within the Heathcote Ridge Conservation Area. This area of land is to be retained under an appropriate zoning so as to ensure its ongoing protection. A Biodiversity Management Plan is also to be implemented within the Heathcote Ridge Conservation Area. Implementation of such a plan would assist in improving the quality of the suitable habitat by restoring the previously impacted areas and managing potential ongoing impacts such as weed invasion. Provisions for monitoring will assist in the ongoing adaptive management of the species and its habitat.

Grey-headed Flying-foxThe Grey-headed Flying-fox was recorded within numerous vegetation communities within the program area and is expected to utilise most of the program area for foraging. Approximately 283ha of suitable habitat is to be cleared from the program area. The loss of this vegetation would result in a decrease in the amount of suitable habitat available to this species. The habitat to be removed within the program area is not considered important for the long-term survival of the species within the locality. Sufficient known and potential habitat will be retained and conserved within the program area and within conservation reserves in the locality. Within the locality, known Grey- headed Flying-fox habitat is conserved within Georges River National Park, Heathcote National Park, Royal National Park and Leacock Regional Park. The Atlas of NSW Wildlife holds numerous records for this species within the SMCMA.

The population of the Grey-headed Flying-fox occurring within the program area is not considered to be an important population. However, the habitat occurring within the program area can be considered as essential habitat as defined by the draft National Recovery Plan for the Grey-headed Flying-fox {,2009 #4071}. The program area is located within 50km of a number of camps that are used continuously or annually by the Grey-headed Flying Fox, suchthe Royal Botanic Gardens Sydney and Gordon. A rarely used camp has alsobeen identified in the Menai area. The project area also provides foraging resources for the period September-May.

The removal of a portion of the available foraging habitat for the population of the Grey-headed Flying-fox occurring within the program area


is not considered to interfere substantially with the recovery of the species. Despite


this, extensive areas of suitable habitat have been avoided within the program area.

Some mitigation measures under the program are relevant to the Grey- headed Flying-fox, including management of suitable habitat within the Heathcote Ridge Conservation Area. This area of land is to be retained under an appropriate zoning so as to ensure its ongoing protection. A Biodiversity Management Plan is also to be implemented within the Heathcote Ridge Conservation Area. Implementation of such a plan would assist in improving the quality of the suitable habitat by restoring the previously impacted areas and managing potential ongoing impacts. Provisions for monitoring will assist in the ongoing adaptive management of the species and its habitat.

5.2 Summary of Commitments5.2.1 Funding Arrangements for MNES ConservationCommitments Actions Responsibilit

yTiming

1. Establishmentof theHeathcote Ridge Conservation Area. Funding arrangements to be put in place for the ongoing management of conservation area

a) Funding arrangements to be established for ongoing management of HRCA. 566 ha of extant native vegetation including habitat for MNES will be established as the HRCA.

The relevant MNES are: Sydney

Turpentine- Ironbark Forest

Shale/SandstoneTransition

Forest Acacia bynoeana, Melaleuca deanei Grey-headed Flying-

fox Koala

GLALC Ongoing


5.2.2 Land Use ZoningCommitments Actions Responsibilit

yTiming

2. Establish a conservation zone over the Heathcote Ridge Conservation Area

HRCA would be within Zone E2 Environmental Conservation. The objectives of Zone E2 Environmental Conservation are as follows(a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,(b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values; and (c) To allow recreational uses compatible with the biodiversity values of the area.

Development for any of the following purposes is permitted only with development consent on land within Zone E2Environmental Conservation:


All other development is prohibited.

NSW

Minister for Planning

Prior to any develop ment


5.2.3 Sydney Turpentine-Ironbark Forest and Shale/Sandstone TransitionForest

Commitments Actions Responsibility

Timing

3. Retention and protectionof all STIF within the site,including a minimum of1.72 ha ofSTIF

a) Retention and protection ofSTIF by:

b) Protection through land use zoning within

Zone E2Environmental Conservation as discussed above.

NSW Minister for Planning Relevant consent authorities

Prior to any development

c) Prepare and implement a Biodiversity Management Plan for the HRCA to improve the quality of this community and manage indirect impacts such as weed invasion.

d) Undertake monitoring of the ongoing adaptivemanagement of the community.

e) Provide regular public reporting of the

GLALCPrior to development commencing and ongoing

4. Retention and protectionof all SSTFwithin the site,including aminimum of19.96 of SSTF.

a) Retention and protection ofSSTF by:

b) Protection through land use zoning within

Zone E2Environmental Conservationas discussed above.

NSW Minister for Planning Relevant consent authorities



d) Undertake monitoring of the ongoing adaptive management of the community.

e) Provide regular public reporting of the BMP outcomes.



5.2.4 Acacia bynoeana,Commitments Action

sResponsibility Timing

5. Management of21 individual species of Acacia bynoena within

the development footprint (including translocation to HRCA)

6. Retain and protect 51.24 ha of habitat forAcacia bynoenawithin the HRCA.

a) Retention and protection of suitable habitat for Acacia bynoena:

b) Protection through land use zoning within Zone E2EnvironmentalConservation as

NSW Minister forPlanningRelevant consent authorities




e) Provide regular public reporting of the BMPoutcomes.


5.2.5 Melaleuca deaneiCommitments Actions Responsibility Timing

7. Retention and protection of habitat for Melaleuca deanei within the HRCA.

a) Retention and protection of276.31ha of suitable habitat for Melaleuca deanei:

b) Protection through land use zoning within Zone E2EnvironmentalConservation as discussed above.

NSW Minister forPlanningRelevant consent authorities

Prior to any develop ment


Commitments Actions Responsibility Timingc) Prepare and implement a

Biodiversity Management Plan for the HRCA to improve the quality of this community and manage indirect impacts such as weed invasion.

d) Undertake monitoring of the ongoing adaptivemanagement of the community.

e) Provide regular public reporting of the BMP outcomes.

GLALC

Prior to develop ment commen cing and ongoing

5.2.6 KoalaCommitments Actions Responsibility Timing

8. Retention and protection of habitat for Koala within the HRCA.

a) Retention and protection of 560.37 ha of suitable habitat for Koala.

b) Protection through land use zoning within Zone E2 Environmental Conservation as discussed above.

NSWMinister forPlanning

Relevant consent authorities


c) Prepare and implement a

Biodiversity Management Plan for the HRCA to improve the quality of this community and manage indirect impacts.


5.2.7 Grey-headed Flying-foxCommitments Actions Responsibility Timing9. Retention and

protection of habitat for Grey-headed

a) Retain and protect protection of 560.37 ha of suitable habitat for Grey-headed Flying-fox:

Commitments Actions Responsibility TimingFlying-foxwithin theHRCA.

b) Protection through land use zoning within Zone E2 Environmental Conservation as discussed above.

NSWMinister forPlanning

Relevant consent authorities


c) Prepare and implement a

Biodiversity Management Plan for the HRCA to improve the quality of this community and manage indirect impacts such as weed invasion.


e) Provide regular public reporting of the




6. PROGRAM EVALUATION REPORTING AND MONITORING

6.1 Mechanisms to Monitor Outcomes of the ProgramThe GLGLC is committed to a framework for reporting against the requirements of the Conservation Area and Biodiversity Management requirements of the Program. This framework will be adapted to include the EPBC Act reporting and evaluation requirements for the Program. There are three main elements to the reporting framework:1. A public annual report highlighting the Conservation Area and BiodiversityManagement outcomes achieved in the previous year.2. A public report highlighting the consistency of each development proposal with the Conservation Area and Biodiversity Management requirements of the Program.3. An audit of the Conservation Area and Biodiversity Management requirements of the Program every twoyears to assess progress in achieving the objectives of the Program.

6.2 Commitment to Regular Public ReportingThe Terms of Reference state that reports must set out:

(a) monitoring, public reporting and independent auditing to be undertaken(b) record keeping and review processes under the Program, and(c) the person(s)/authorities responsible for these actions.

6.2.1 Annual ReportGLGLC will prepare a public annual report highlighting the Conservation Area and Biodiversity Management outcomes achieved in the previous year with respect to MNES. It will be provided to SEWPaC at the same time. This will report on the impacts and risks to MNES being managed. The annual report will be provided for the first 5 years of the implementation of the project and for subsequent years as directed by SEWPaC. The matters to be addressed will include but not be limited to:

Status of development; Status of establishing and managing conservation area; Translocation success; Unforseen impacts on MNES and actions to address.


6.3 Mechanism to Independently Audit the ProgramGLALC will establish a Biodiversity Management Reference Group to evaluate the Conservation Area and Biodiversity Management requirements of the Program.The purpose of the independent audit will beto evaluate the Program’s progress in achieving the SEWPaC objectives in ensuring the protection of threatened biodiversity values and MNES and will report on:

status of development; progress in establishing and protecting the conservation area within

the site; translocation success; progress in achieving the required offset areas within the site; unforseen impacts on MNES and actions to address; a summary of the outcomes for matters of national

environmental significance.Terms of Reference will be prepared which will include provision for input from relevant government agencies. These reporting mechanisms will contain clear provisions for adaptive measures should outcomes not be achieved for MNES.The report will identify perceived risks from development and report on outcomes. The report will also identify unforseen impacts and actions to address such impacts.The annual report on the audit will be provided every two years for the duration of the development period or for a lesser period as directed by SEWPaC.The reports will be published on the program web site and provided to relevant approval agencies including Department of Planning and Infrastructure and Council.


Documents

Program Report for the Strategic Assessment of the ...€¦ · Web viewJ:\2009\09-191\Reports\strategic assessment\final Feb 13\Program Report Final - Amended Feb 2013.docx Approximately