RECOMMENDATION REPORT

Googong Township Urban Development and Associated Infrastructure, NSW

Pink-tailed Worm-lizard (Aprasia parapulchella) found at Googong Township in November 2010.

Photo: Robert Speirs, Biosis Research, 2010.

EPBC 2011/5829

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Recommendation

That the proposed (EPBC 2011/5829) be approved subject to the following conditions:

Conditions Relevant paragraph in report

1. The person taking the action must prepare and submit a Pink-tailed Worm-lizard Protection and Management Plan for the Minister’s approval for the protection of Pink-tailed Worm-lizard (Aprasia parapulchella). The person taking the action must not finalise sales of final residential lots within 50 metres of known Pink-tailed Worm-lizard habitat until the Minister has approved the Pink-tailed Worm-lizard Protection and Management Plan. The plan must include but is not limited to: • details of the establishment of the Pink-tailed Worm-lizard Conservation

Area; • management measures to mitigate construction impacts; • measures for the management of the Pink-tailed Worm-lizard Conservation

Area for before and after the conservation area’s dedication to Queanbeyan City Council or other appropriate authority;

• maps showing fences and other infrastructure; and • details of legal mechanisms to protect the conservation area in perpetuity. The approved Pink-tailed Worm-lizard Protection and Management Plan must be implemented.

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2. The person taking the action must prepare and submit a Googong Foreshores Management Strategy for the Minister’s approval to prevent impacts on listed threatened species and ecological communities and the environment on Commonwealth land. The person taking the action must not commence the action until the Minister has approved the Googong Foreshores Management Strategy. The plan must include management measures and/or strategies to mitigate potential impacts on the Pink-tailed Worm-lizard (Aprasia parapulchella), Hoary Sunray (Leucochrysum albicans var. tricolor), listed threatened species and ecological communities and the environment on Commonwealth land, including but not limited to: • Fencing and signage of ‘no go areas’ in areas of threatened species habitat

during construction; • Induct construction workers and contractors about requirements to protect

threatened species and the environment on Commonwealth land; • Indicative environmental management checklists to assist with monitoring

the implementation of environmental management obligations during construction works;

• Establishment and maintenance of fences; • Identification and implementation of erosion and sedimentation control

measures; • Identification and implementation of appropriate weed hygiene measures; • Measures for the ongoing protection of Hoary Sunray populations during

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and after construction; • Management measures for the protection and maintenance of the Googong

Foreshores buffer area; • Details of financial contributions for the publishing, monitoring and review

of the Googong Foreshores Plan of Management; • Details of financial contributions for capital and recurrent costs associated

with the implementation of the Googong Foreshores Plan of Management; • Strategies and measures for the management of community and water supply

impacts, including measures from the Queanbeyan Local Environment Plan (Googong) 2009;

• Details of an environmental education program; • Timing and frequency of monitoring to determine impacts and effectiveness

of mitigation measures; • Indicators specifying outcomes to be achieved and reports of compliance at

key milestones; • Appropriate corrective actions if measures or strategies are not achieved;

and • The plan must clearly state the person or persons responsible for each

management measure or strategy.

The approved Googong Foreshores Management Strategy must be implemented.

3. Within 30 days from the commencement of the action, the person taking the action must advise the Department in writing of the actual date of commencement.

4. Within three months of every 12 month anniversary of the commencement of the action, the person taking the action must publish a report on their website addressing compliance with each of the conditions of this approval, including implementation of any management plans as specified in the conditions. Documentary evidence providing proof of the date of publication and non-compliance with any of the conditions of this approval must be provided to the Department at the same time as the compliance report is published.

5. Upon the direction of the Minister, the person taking the action must ensure that an independent audit of compliance with the conditions of approval is conducted and a report submitted to the Minister. The independent auditor must be approved by the Minister prior to the commencement of the audit. Audit criteria must be agreed to by the Minister and the audit report must address the criteria to the satisfaction of the Minister.

6. If the person taking the action wishes to carry out any activity otherwise than in accordance with the plan or strategy referred to in conditions 1 and 2, the person taking the action must submit for the Minister’s written approval a revised version of any such plan or strategy. The varied activity shall not commence until the Minister has approved the varied plan or strategy in writing. If the Minister approves such a revised plan or strategy, that plan or strategy must be implemented in place of the plan or strategy originally approved. Unless the Minister has approved the revised plan or strategy, then the person taking the action must continue to implement the plan or strategy originally approved, referred to in conditions 1 and 2.

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7. If the Minister believes that it is necessary or convenient for the better protection of listed threatened species and communities and Commonwealth land to do so, the Minister may request that the person taking the action make specified revisions to the plan or strategy approved pursuant to conditions 1 and 2 and submit the revised plan or strategy for the Minister’s written approval. The person taking the action must comply with any such request. The revised approved plan or strategy must be implemented. Unless the Minister has approved the revised plan or strategy, then the person taking the action must continue to implement the plan or strategy originally approved, referred to in conditions 1 and 2.

8. If, at any time after five (5) years from the date of this approval, the person taking the action has not substantially commenced the action, then the person taking the action must not substantially commence the action without the written agreement of the Minister.

9. The person taking the action must maintain accurate records substantiating all activities associated with or relevant to the conditions of approval, including measures taken to implement the management plan or strategy required by this approval, and make them available upon request to the Department. Such records may be subject to audit by the Department or an independent auditor in accordance with section 458 of the Environment Protection and Biodiversity Conservation Act 1999, or used to verify compliance with the conditions of approval. Summaries of audits will be posted on the Department’s website. The results of audits may also be publicised through the general media.

10. Unless otherwise agreed to in writing by the Minister, the person taking the action must publish all management plans or strategies (however described) referred to in these conditions of approval on their website. Each plan or strategy must be published on the website within one (1) month of being finalised.

Definitions a) Department – The Australian Government Department responsible for the

Environment Protection and Biodiversity Conservation Act 1999. b) Minister – The Minister administering the Environment Protection and

Biodiversity Conservation Act 1999. c) Construction – Includes any preparatory works required to be undertaken

including clearing vegetation, the erection of any onsite temporary structures and the use of heavy duty equipment for the purpose of breaking the ground for buildings or infrastructure.

d) Clearance of native vegetation – The cutting down, felling, thinning, logging, removing, killing, destroying, poisoning, ringbarking, uprooting or burning of native vegetation.

e) Significant impact(s) – An impact that is important, notable or of consequence having regard to its context or intensity.

f) Remnant vegetation – Any native vegetation that is not regrowth. g) Commencement – The construction of any infrastructure, excluding fences

and signage, associated with the proposed action.

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Material on which the decision maker’s findings will be based The key documents which were relied on for this report were: a) Department of Sustainability, Environment, Water, Population and Communities advice. b) Referral Document and attachments signed on 27 January 2011 by the proponent, Malcolm

Leslie of the Googong Development Corporation. Attachments include: i. Attachment A – Figures.

ii. Attachment B – Environment Protection and Biodiversity Conservation Act 1999 Protected Matters Search.

iii. Attachment C – Biosis Research (2011). Googong Township – Pink-tailed Worm-lizard (Aprasia parapulchella) Impact Assessment Report. Unpublished report to CIC Australia Limited.

iv. Attachment D – Osborne, Will (2011). Independent Referees Report – Peer Review. Institute for Applied Ecology, University of Canberra. 21 January 2011.

v. Attachment E – Manidis Roberts (2010). Googong Township water cycle project – Environmental assessment. November 2010.

vi. Attachment F – Ecowise Environmental Pty Ltd (2009). Googong NH1A Subdivision Ecological Assessments – Terrestrial Flora and Fauna. Document No. CN 2112972009- 002. October 2009.

vii. Attachment G – Willana Associates Pty Ltd (2007). Googong Urban Investigation Area – Local Environment Study. Job No. 9093b. April 2007.

viii. Attachment H – Territory and Municipal Services (2010). Draft Googong Foreshores Plan of Management 2010. Australian Capital Territory, Canberra 2010.

ix. Attachment I – Elton Consulting (2008). Googong Draft Local Environmental Plan – Community Consultation Outcomes Report. 15 February 2008.

x. Attachment J – Queanbeyan City Council (2010). Googong Development Control Plan. Adopted by Council 13 October 2010.

xi. Attachment K – New South Wales Government (2009). Queanbeyan Local Environmental Plan (Googong) 2009 under the Environmental Planning and Assessment Act 1979. 2009 No 630. Published LW 24 December 2009.

xii. Attachment L – Canberra Investment Corporation (2009). Sustainability Report. xiii. Attachment M – Canberra Investment Corporation (2011). Environment, Occupational

Health and Safety Policy.

Background 1. On 3 February 2011, a referral was received from the Googong Development Corporation for

the development of subdivisions for the Googong Township, urban development works and the Googong Township Water Cycle Project.

2. The referral describes the proposal as including the transfer of ownership of a section of Googong Dam Road from the Commonwealth Department of Finance and Deregulation to Queanbeyan City Council. However, as this activity is not being undertaken by Googong Development Corporation, and as such the road transfer is not part of the Googong Township development referral (EPBC 2011/5829). The transfer process from the Department of Finance and Deregulation to Queanbeyan City Council is currently underway.

3. The urban development includes subdivision, civil and landscape works, building construction and occupation in the Googong Township, but does not include some areas in the Googong Township area. These areas are not owned by the proponent, and are proposed to be developed by current landholders or other individuals.

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Figure 1: Boundaries of the Googong Township and areas excluded from the referral and assessment.

From: Referral Document Attachment A – Figures.

4. The Water Cycle Project includes a Water Recycling Plant, reservoirs for recycled and potable water, and pumping stations and mains pipework for sewage, recycled water and potable water. A section of the Water Cycle Project, the Bulk Water Pumping Station and associated infrastructure, will be built outside of the Googong Township area in the Googong Foreshores (Commonwealth land), immediately adjacent to the existing ACTEW Googong Water Treatment Plant site. The development of the Water Recycling Plant will be reliant on the population growth of Googong Township. Other network components (including pipework and reservoirs) will be staged with the geographic expansion of the township.

5. The proposal site is located at the intersection of Googong Dam Road and Old Cooma Road within the Queanbeyan local government area (LGA), New South Wales, approximately 8 kilometres south of Queanbeyan, 16 kilometres south-east of Parliament House in Canberra, and immediately west of the Googong Reservoir and the Googong Foreshores (owned by the Commonwealth Government and leased by the Australian Capital Territory Government).

6. The size of the proposal area is approximately 735 hectares, including areas allocated to open space and environmental protection. The proposal area is currently used for agriculture, and has been subject to intensive grazing for many decades.

7. The proposal is expected to commence in 2011 and continue for about 25 years. The six neighbourhoods and two residential areas to the north of Googong Dam Road, Hamlet East and Hamlet West, are likely to be staged over 25 years. The stages will commence with neighbourhood 1A, then neighbourhood 1B, and continuing through neighbourhood 2, neighbourhood 3, neighbourhood 4, neighbourhood 5 and ending with the two hamlets.

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8. The referral was published on the Department of Sustainability, Environment, Water, Population and Communities’ (the department’s) website on 3 February 2011. One public submission was received from Friends of Grasslands. The submission commented that the proposal will have a small impact on the Pink-tailed Worm-lizard (Aprasia parapulchella), and that the design has, as far as possible, avoided environmentally sensitive areas. Friends of Grasslands supports the creation of the Pink-tailed Worm-lizard conservation area, and requests that sufficient resources be made available to ensure implementation of management of the conservation area and buffer zone in the long term. Friends of Grasslands accepts the recommendations of Dr Will Osborne and notes that the buffer zone is an essential component that should consist of lower quality habitat.

9. On 3 March 2011, the delegate to the Minister decided that the proposal is a controlled action, and that the project requires assessment and approval under the Environment Protection and Biodiversity Conservation Act 1999 before it can proceed. On the same day, the delegate also decided that the proposal will be assessed on referral information.

10. As required by an assessment on referral information, the draft recommendation report will be published on the department’s website for public comment, for a period of 10 business days.

Environmental record 11. Googong Development Corporation states that it has not been subject to proceedings under a

Commonwealth, State or Territory law for the protection of the environment or the conservation and sustainable use of natural resources.

Assessment 12. The proposal area contains known habitat for the Pink-tailed Worm-lizard (Aprasia

parapulchella) and is immediately adjacent to a population of Hoary Sunray (Leucochrysum albicans var. tricolor). The proposal area is immediately adjacent to Commonwealth land, which also contains listed threatened species and communities, including the Pink-tailed Worm-lizard, Hoary Sunray, Pale Pomaderris (Pomaderris pallida), Button Wrinklewort (Rutidosis leptorhynchoides), Natural Temperate Grassland of the Southern Tablelands of New South Wales and the Australian Capital Territory, and White Box-Yellow Box-Blakely's Red Gum Grassy Woodland and Derived Native Grassland. The proposal was determined a controlled action due to likely impacts on listed threatened species and ecological communities and actions impacting on Commonwealth land.

13. As the extent of impacts on listed threatened species and ecological communities and actions impacting on Commonwealth land can be predicted with a high level of certainty, assessment on referral information was determined the most appropriate form of assessment. This recommendation report has therefore been prepared under section 93 of the Environment Protection and Biodiversity Conservation Act 1999.

Pink-tailed Worm Lizard (Aprasia parapulchella)

Description 14. The Pink-tailed Worm-lizard is found in south-eastern Australia. In the Canberra region (in

and surrounding the Australian Capital Territory) this species is widespread but patchily distributed along the Murrumbidgee and Molonglo Rivers and adjacent hill slopes, with major populations at Mount Taylor, the lower Molonglo River corridor (from 250 metres upstream of Coppins Crossing to the junction with the Murrumbidgee River), and in the Murrumbidgee River Corridor (Department of Sustainability, Environment, Water, Population and Communities 2011).

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15. The Pink-tailed Worm-lizard generally inhabits open grassland habitats, particularly where Kangaroo Grass (Themeda triandra) occurs, however it has been found at grassland sites that appear not to include native grasses. The Pink-tailed Worm-lizard prefers more level ground with small, flat-based rocks to shelter under (Department of Sustainability, Environment, Water, Population and Communities 2011).

Threats 16. Major threats to the Pink-tailed Worm-lizard are from habitat loss, fragmentation and

degradation caused by a number of activities including: • land clearing; • removal of rocks (a vital habitat component); • weed invasion and introduced pasture grasses; and • slashing vegetation for hazard reduction (Department of Environment and Conservation

(New South Wales) 2005).

Likely impacts 17. The proposed Googong Township site contains approximately 60 hectares of suitable Pink-

tailed Worm-lizard habitat in the eastern section of the proposed site, which directly adjoins the Googong Foreshores along Googong Township’s eastern boundary (refer to Figure 2). Targeted surveys undertaken by Biosis Research (2011) in November 2010 found thirteen (13) live individuals and three sloughs (shed skins) in habitat areas at the Googong Township site.

18. Habitat for this species will be directly impacted by the proposal. The proposal includes the removal of 3.33 hectares (about 35 per cent) of “high” quality and 8.39 hectares (about 35 per cent) of “medium” quality Pink-tailed Worm-lizard habitat.

19. The proximity of urban development to Pink-tailed Worm-lizard habitat is also likely to lead to impacts on the remaining habitat and individuals present. This may include through vehicular access to the site, rubbish dumping, weed invasion and rock removal.

Mitigation and avoidance 20. Googong Development Corporation has committed to creating a Pink-tailed Worm-lizard

Conservation Area, consisting of approximately 52 hectares to protect individuals and habitat in the lower Montgomery Creek area on the eastern boundary of the Googong Township (refer to Figure 2).

21. The proposed Pink-tailed Worm-lizard Conservation Area aims to retain all “very high” quality habitat (24.20 hectares), and to restore about 15 hectares of medium and “non-habitat” to high/very high quality habitat over the long term.

22. The creation of the Pink-tailed Worm-lizard Conservation Area includes implementing management measures in line with recommendations from section 8.2.1 of the Googong Township – Pink-tailed Worm-lizard Impact Assessment Report (Biosis Research, 2011). Googong Development Corporation will install fencing, undertake weed removal, import rocks, undertake revegetation, and undertake a salvage program for any Pink-tailed Worm-lizard individuals located outside the Conservation Area. This will be completed prior to any civil construction within 50 metres of identified Pink-tailed Worm-lizard habitat (Referral document 2011).

23. The proposal has been designed to avoid the majority of potential Pink-tailed Worm-lizard habitat, and to create a proposed Pink-tailed Worm-lizard Conservation Area.

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24. Googong Development Corporation has also committed to preparing a management regime for the Pink-tailed Worm-lizard Conservation Area, and to dedicate that conservation area to Queanbeyan City Council or another appropriate organisation. This will be completed at the time of the creation (issue of a Subdivision Certificate) of any Final Lots (a Final Lot is a lot not intended to be further subdivided by any means (Lindsay Taylor Lawyers 2011)) on land within 50 metres of identified Pink-tailed Worm-lizard habitat (Referral document 2011).

Figure 2: Pink-tailed Worm-lizard habitat and Conservation Area.

From: Canberra Investment Corporation (2011b).

Department’s recommendations 25. The department recommends the development of a Pink-tailed Worm-lizard Protection and

Management Plan to be approved by the Minister. This plan will incorporate details of Googong Development Corporation’s proposed offsets and mitigation measures. It will provide details of the establishment of the Pink-tailed Worm-lizard Conservation Area and provide for its ongoing management before and after the conservation area’s dedication to Queanbeyan City Council or other appropriate authority. This plan will also provide details of legal mechanisms to protect the conservation area in perpetuity.

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Hoary Sunray (Leucochrysum albicans var. tricolor)

Description 26. It is endemic to south-eastern Australia, occurring in Tasmania, Victoria, New South Wales

and the Australian Capital Territory. It currently occurs in several hundred large populations (possibly up to 1 million plants). New South Wales and the Australian Capital Territory have numerous populations that are likely to consist of more than 200,000 plants. 17 significant populations have been identified in the Australian Capital Territory, and several populations have been found close to the proposal site in New South Wales, including in Queanbeyan and Cuumbeun Nature Reserves. Hoary Sunray occurs in grasslands and grassy areas in woodlands and dry open forests, and is heavily reliant on bare ground for successful germination and establishment (Sinclair 2010).

Threats

27. Major threats to the Hoary Sunray include: • weed invasion, which increases competition with other vegetation; • lack of appropriate biomass reduction; and • inappropriate fire regimes, such as burning before plants have set seed (Sinclair 2010).

Likely impacts 28. 1641 individual Hoary Sunray plants in 3 sub-populations were found immediately adjacent

to the proposed Bulk Water Pumping Station and access road site within the Googong Foreshores (refer to Figure 3).

Figure 3: Locations of Hoary Sunray populations near the BWPS.

From: Referral Document Attachment A – Figures.

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29. Due to the close proximity of the Hoary Sunray to the Bulk Water Pumping Station and access road sites, the proposal is likely to have a significant impact on this species during construction. The proposal is also likely to have a significant impact during operations of the Bulk Water Pumping Station without adequate management.

Mitigation and avoidance 30. The location of the Bulk Water Pumping Station and access road avoids the Hoary Sunray

populations present in the proposal area. The Bulk Water Pumping Station site is more than 100 metres, and the access road is more than 20 metres, from Hoary Sunray plants.

31. A Construction Environmental Management Plan will be implemented to avoid impacts during construction, and temporary exclusion fencing will be constructed around Hoary Sunray populations. The proponent proposes to develop the Construction Environmental Management Plan in accordance with an Environment Protection and Biodiversity Conservation Act 1999 approval condition.

Department’s recommendations 32. The department recommends that the development of a Googong Foreshores Management

Strategy be approved by the Minister and incorporate details of Googong Development Corporation’s proposed mitigation measures for the protection of the Hoary Sunray. That strategy will provide for the ongoing protection of Hoary Sunray populations during and after construction.

Commonwealth land – Googong Foreshores

Description 33. Googong Foreshores is Commonwealth land, leased to the Australian Capital Territory and

New South Wales governments by the Commonwealth Department of Finance and Deregulation as part of the Queanbeyan Water Supply Agreement. Googong Foreshores is managed by the Australian Capital Territory Department of Territory and Municipal Services.

34. The subdivision of Googong Township is entirely outside of Googong Foreshores, however components of the Water Cycle Project will be constructed on Commonwealth land immediately adjacent to the existing ACTEW Googong Water Treatment Plant site (refer to Figure 4).

35. Environment Protection and Biodiversity Conservation Act 1999 listed threatened species and ecological communities known to occur within the Googong Foreshores are: • Pink-tailed Worm-lizard (Aprasia parapulchella); • Hoary Sunray (Leucochrysum albicans var. tricolor); • Pale Pomaderris (Pomaderris pallida); • Button Wrinklewort (Rutidosis leptorhynchoides); • Natural Temperate Grassland of the Southern Tablelands of New South Wales and the

Australian Capital Territory; and • White Box-Yellow Box-Blakely's Red Gum Grassy Woodland and Derived Native

Grassland.

36. Googong Foreshores and Googong Reservoir’s primary function is for urban water supply, however is open to the public for recreational use (predominantly for walking, sight-seeing, picnicking, boating and fishing). The public is currently able to access the Googong Foreshores at two access points managed by Australian Capital Territory Department of Territory and Municipal Services, one each in the northern and southern Googong Foreshores precincts (Referral document 2011).

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37. A 39.9 hectares section of the south-east corner of the Googong Township site lies within the Googong Reservoir surface water catchment (less than 0.05 per cent of the total catchment). This area has been rezoned as E2 (Environmental Conservation), and will not be developed in order to avoid impacts on the Googong Reservoir catchment. This area will be dedicated to the Queanbeyan City Council as open space and managed for environmental conservation (Referral document 2011).

Figure 4: The location of Googong Foreshores (Commonwealth land) in relation to the Googong Township site.

From: Referral Document Attachment A – Figures.

Likely impacts 38. The proposed Googong Township is likely to result in increased human use of the Googong

Foreshores and may have construction-related impacts.

39. Direct impacts on the Googong Foreshores are likely to result from the construction of the Water Cycle Project (including the Bulk Water Pumping Station, access road and associated pipe work), which will take place within an area of the Googong Foreshores, and from construction works within the Googong Township. Those works include: • surface water pollution from construction activities, erosion and sedimentation (from

earthworks including trenching, excavating, and back-filling) and fuel or chemical spills; • groundwater pollution; • visual impacts on recreational users of the Googong Foreshores; and • damage to listed threatened species and ecological communities.

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40. Likely indirect (or facilitated) impacts include surface water pollution, visual impacts, damage to listed threatened species and ecological communities, and damage to places with heritage value (specifically the London Bridge Natural Arch and London Bridge Homestead Group, both on the Register of the National Estate). These are expected to result from an increase in human activities in the Googong Foreshores, including recreational use and unauthorised access and/or activities such as rubbish dumping and access by domestic animals (Referral document 2011).

Hydrology 41. Likely impacts on surface water in the Googong Foreshores include pollution from erosion,

sedimentation, fuel or chemical spills and contamination from illegally dumped rubbish and access by domestic animals. The retention of surface water within Googong Township may also reduce surface water runoff into the Googong Foreshores.

42. The proposal may also have an impact on groundwater quality from a localised increase in groundwater recharge in excavated areas, and from the dumping of hazardous chemicals and fuel.

43. The Canberra Times (“Estate to ‘steal’ Googong groundwater”, published 8 February 2011) claimed that the proposal will result in a cut to groundwater of up to 70 per cent. It claims that the most prominent impacts will be the lowering of the water table beneath most, if not all, of the proposal site, a reduction of aquifer storage available to local groundwater users (such as reducing water available to rural bores), and subsequent reduction in water available to the Murray-Darling Basin (Canberra Times 2011).

44. In a letter and attachment to the department, CIC Australia Limited (2011a) sought to clarify the issues raised in the Canberra Times article. CIC Australia Limited states that there may be up to a 70 per cent reduction in groundwater recharge over the proposal site, which in the potential worst case would be a reduction of 6 per cent of the total groundwater in the local catchment (approximately 100 square kilometres in size). CIC Australia Limited notes that these forecasts do not take into account the potential recharge from runoff from irrigation, increased pervious design solutions and other measures. Forecasts also show that impacts on local bores would be minor, with the possibility of bores running dry being highly unlikely. The attached letter, from C. M. Jewell & Associates Pty Ltd (2011), also notes that the local fractured-rock aquifer under the proposal site is not directly connected to the regional alluvial aquifer systems of the Murray-Darling Basin. Additionally, CIC Australia Limited notes that no groundwater extraction is proposed as part of the Googong Township.

Mitigation and avoidance 45. Googong Development Corporation propose, as part of an adaptive management approach, to

incorporate further avoidance and mitigation of environmental impacts into a Construction Environmental Management Plan and Operation Environmental Management Plan, to be developed in consultation with relevant government agencies (Referral Document 2011).

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46. To reduce impacts from human activities on the Googong Foreshores, Googong Development Corporation proposes to put in place several measures within the Googong Township site as part of a precinct or community management statement for all Final Lots. These include: • Placing restrictions on the movement of cats – cats will be permitted, but must be

restricted to remaining within the home or an enclosure (taking place prior to the issue of a Subdivision Certificate for the creation of any Final Lots within the Township);

• Building and dedicate to Queanbeyan City Council three fenced ‘dog off leash areas’ (minimum 1500 square metres per area) (timed to take place concurrently with the provision of open space areas);

• Retaining existing paddock fences until requiring removal for urban development; • Constructing a 1.8 metre high chainmesh man proof boundary fence (with cross-bar at

about 900 millimetres in publicly accessible areas) along the eastern boundary of the Googong Township; and

• Install a new gate on Googong Dam Road either on or within the Googong Foreshores boundary to restrict after-hours access. The new gate will be located to allow for the safe turning of vehicles on Googong Dam Road.

47. The Queanbeyan Local Environment Plan (Googong) 2009 includes two protection measures for the Googong Foreshores, aimed to address potential construction impacts and potential ongoing impacts on the water supply and quality from the established urban development: • A 50 metre buffer zone, restricting development, will be established along the eastern

boundary of the Googong Township (zoned for environmental conservation). • Development control for any dwellings proposed within 150 metres of the buffer zone to

protect the Googong Reservoir catchment from inappropriate development. Development consent would not be given by Queanbeyan City Council for the construction of a building on land identified as being within the buffer area unless it meets the following criteria: - Queanbeyan City Council is satisfied that the building and associated infrastructure

envelope identified for each lot are appropriate, having regard to the land capability and objective of the Queanbeyan Local Environment Plan (Googong) 2009.

- The development incorporates an appropriate management regime relating to bushfire control, vegetation clearing, access, fencing controls, recreational uses, feral animal and weed control, management of grazing, keeping of animals and landscaping with indigenous species.

48. Googong Development Corporation is committed to creating a management regime for the land within the Googong Foreshores buffer area on private property in accordance with the Queanbeyan Local Environment Plan (Googong) 2009. This will include (through the establishment of by-laws in a precinct or community management statement): • maintenance of bushfire asset protection zones (including vegetation clearing and/or back

burning); • weed control; and • prohibition of ownership of livestock (all hoofed animals). This will be established prior to the issue of a Subdivision Certificate for any Final Lots within the Buffer Area.

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49. A draft Plan of Management for the Googong Foreshores area has been prepared by Australian Capital Territory Department of Territory and Municipal Services. Googong Development Corporation intends to make a financial contribution towards the publishing, monitoring and review of the Australian Capital Territory Government’s Googong Foreshores Plan of Management. Googong Development Corporation intends to contribute: • $5,000 to Australian Capital Territory Parks, Conservation and Lands towards the

publication of the Googong Foreshores Plan of Management in 2011-2012 financial year, with that amount to be paid within 20 working days of the Environment Protection and Biodiversity Conservation Act 1999 final decision;

• $20,000 to Australian Capital Territory Parks, Conservation and Lands towards the monitoring of recreational and other use of the Googong Foreshores, which is intended to be paid no later than 30 June 2011;

• $25,000 to Australian Capital Territory Parks, Conservation and Lands to update the Plan of Management in the 2015-2016 financial year, including a study of recreation demand to identify capital and recurrent expenditure priorities. The $25,000 payment is intended to be made prior to 30 June 2016 (Referral document 2011).

50. Googong Development Corporation is committed to making a financial contribution towards the capital and recurrent costs associated with the implementation of the Googong Foreshores Plan of Management. Googong Development Corporation will contribute an average of $200 per dwelling (based on an estimated yield of 5,550 dwellings) being $1.11 million towards capital works and/or maintenance and land management programs (Referral Document 2011).

51. Googong Development Corporation is committed to undertaking a sustainability education program to educate residents on the biodiversity values of the Googong Foreshores and matters of national environmental significance (Referral Document 2011).

Department’s recommendations 52. The department recommends the development of a Googong Foreshores Management

Strategy, incorporating details of Googong Development Corporation’s proposed mitigation measures and financial commitments for the protection of Commonwealth land, to be approved by the Minister. This strategy will incorporate measures specific to the protection of Commonwealth land, including listed threatened species and ecological communities, water resources, environmental attributes and heritage values: • from Googong Development Corporation’s proposed Construction Environmental

Management Plan and Operation Environmental Management Plan; • management measures for the protection and maintenance of the Googong Foreshores

buffer area; • details of Googong Development Corporation’s financial contributions for the publishing,

monitoring and review of the Googong Foreshores Plan of Management; • strategies for the management of community and water supply impacts; and • details of an environmental education program.

53. The department is concerned that the proposed chainmesh manproof boundary fence, to be constructed along the boundary between Googong Township and the Googong Foreshores, may not be adequate to prevent unauthorised human access to Googong Foreshores. The department recommends that Googong Development Corporation consider more robust fencing fabrics that prevent illegal entry.

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Consultation on draft conditions 54. To be undertaken through publication of the draft recommendation report on the

department’s website.

55. The department will directly consult with relevant government stakeholders on the draft conditions.

Social and economic matters 56. The development of the Googong Township is in accordance with urban planning strategies

and policies for New South Wales and the Australian Capital Territory, including the New South Wales Department of Planning’s Sydney-Canberra Corridor Regional Strategy 2006-31 (2008). That strategy identifies a need for another 10,000 residential dwellings over the next 25 years in the Queanbeyan area. Googong Township has been identified as a key greenfield development to meet this demand, and provides approximately 22 per cent of the strategy’s requirement.

Ecologically sustainable development 57. The five principles of ecologically sustainable development have been addressed as follows:

i. the integration principle; The department has considered the impacts on listed threatened species and communities and the environment on Commonwealth land, and economic and social benefits of the proposal, in making its recommendation to approve the action with conditions.

ii. the precautionary principle; Knowledge of the natural values of the site and the nature of the proposal means that the department can predict the impacts on the site. Although Googong Development Corporation proposes various mitigation measures to minimise impacts on the Pink-tailed Worm-lizard, Hoary Sunray and listed threatened species and communities and the environment on Commonwealth land, precautions have been proposed to reduce impacts from the development by requiring Googong Development Corporation to implement specific measures to ensure the protection of the environment.

iii. the intergenerational principle; The requirement to manage and offset direct and indirect impacts on listed threatened species and communities and the environment on Commonwealth land aims to enhance the conservation of the Pink-tailed Worm-lizard, Hoary Sunray, listed threatened species and the environment on Commonwealth land (Googong Foreshores) for future generations.

iv. the biodiversity principle (Ecologically sustainable development); and To achieve the principles of ecologically sustainable development, Googong Development Corporation has proposed to implement measures that will minimise impacts on the environment. In addition to this, Googong Development Corporation is committed to avoiding impacts as far as possible through responsible environmental management of the project during and after construction of the Googong Township.

v. the valuation principle. By requiring the provision of an offset strategy for impacts on the Pink-tailed Worm-lizard, the conservation values lost as a result of the proposal have been costed and compensated for.

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Other legal considerations 58. Subject to planning approval, Googong Development Corporation proposes to commence

construction in 2011, with construction to continue for about the next 25 years. It is recommended that the approval remain valid for a period of 30 years.

59. There are no recovery plans that have been approved for any of the listed threatened species or communities subject to this assessment. Therefore the approval of the proposal will not be inconsistent with an approved recovery plan.

60. Providing the proponent abides by the proposed conditions, the department considers that the impacts on listed threatened species and communities are not unacceptable. This means that approval of the project would not be inconsistent with Australian international obligations under the Biodiversity Convention, the Apia Convention or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Conclusion 61. The department considers that the Googong Township Urban Development and Associated

Infrastructure proposal will not have an unacceptable impact on listed threatened species and ecological communities and Commonwealth land, provided it is undertaken consistent with the proposed conditions of approval outlined at the beginning of this report.

Additional references 62. Canberra Investment Corporation (2011a). Letter to the Department of Sustainability,

Environment, Water, Population and Communities dated 15 February 2011.

63. Canberra Investment Corporation (2011b). Letter to the Department of Sustainability, Environment, Water, Population and Communities dated 24 February 2011.

64. C. M. Jewell & Associates Pty Ltd (2011). Letter to Canberra Investment Corporation dated 10 February 2011.

65. Department of Environment and Conservation (New South Wales) (2005). New South Wales threatened species - Pink-tailed Legless Lizard profile. Available from http://www.threatenedspecies.environment.nsw.gov.au/tsprofile/profile.aspx?id=10061. Accessed Monday 21 March 2011.

66. Department of Sustainability, Environment, Water, Population and Communities (2011). Aprasia parapulchella in Species Profile and Threats Database, Department of Sustainability, Environment, Water, Population and Communities, Canberra. Available from: http://www.environment.gov.au/sprat. Accessed Tue, 15 Mar 2011 17:08:19 +1100.

67. Lindsay Taylor Lawyers (2011). Googong Urban Development Local Planning Agreement – Queanbeyan City Council and Googong Development Corporation Pty Ltd. 17 March 2011.

68. Sinclair, S.J. (2010). National Recovery Plan for the Hoary Sunray Leucochrysum albicans var. tricolor. Department of Sustainability and Environment, Melbourne. Draft for public comment.

69. The Canberra Times (2011). Estate to ‘steal’ Googong groundwater. 8 February 2011, pages 1-2.