REVIEW OF ENVIRONMENTAL FACTORS Proposed Road Widening ... · REVIEW OF ENVIRONMENTAL FACTORS Proposed Road Widening Wanatta Lane, Wolumla Prepared for Bega Valley Shire Council 28

REVIEW OF ENVIRONMENTAL FACTORS

Proposed Road Widening Wanatta Lane, Wolumla Prepared for Bega Valley Shire Council 28 February 2011

R e v i e w o f E n v i r o n m e n t a l F a c t o r s – P r o p o s e d R o a d W i de n in g W a n a t t a L an e , W o l um l a

© E C O L O G I C AL AU S T R AL I A P T Y L T D ii

Review of Environmental Factors P r o p o s e d R o a d W i d e n i n g W a n a t t a L a n e , W o l u m l a

PREPARED FOR Bega Valley Shire Council

PROJECT NO 10SGBECO-0071

DATE 28 February 2011


© E C O L O G I C AL AU S T R AL I A P T Y L T D i

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Project Name REF – Road Widening Wanatta Lane

Project Number 10SGBECO-0071

File location G:\Wgong_W_Drive\2010\FFA\10SGBECO-0071 REF Road Widening Wanatta Lane Central Waste Facility

Prepared by Naomi de Ville & Ryan Smithers

Approved by Ryan Smithers

Status FINAL

Version Number 2

Last saved on 28 February 2011

This document has been printed on 100% recycled paper.

ACKNOWLEDGEMENTS

This document has been prepared by Eco Logical Australia Pty Ltd.

Disclaimer This document may only be used for the purpose for which it was commissioned and in accordance with the contract between Eco Logical Australia Pty Ltd and Bega Valley Shire Council. The scope of services was defined in consultation with Bega Valley Shire Council, by time and budgetary constraints imposed by the client, and the availability of reports and other data on the subject area. Changes to available information, legislation and schedules are made on an ongoing basis and readers should obtain up to date information.

Eco Logical Australia Pty Ltd accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon this report and its supporting material by any third party. Information provided is not intended to be a substitute for site specific assessment or legal advice in relation to any matter. Unauthorised use of this report in any form is prohibited.


© E C O L O G I C AL AU S T R AL I A P T Y L T D ii

Contents Contents .....................................................................................................................................................ii

List of Figures ............................................................................................................................................iv

List of Tables .............................................................................................................................................iv

1 Introduction .............................................................................................................................. 1

1.1 Background.............................................................................................................................. 1

1.2 Description of proposal ............................................................................................................ 1

1.3 Subject and Study Area........................................................................................................... 2

1.4 Consultation............................................................................................................................. 4

1.5 Justification of Activity ............................................................................................................. 4

2 Planning and Statutory Matters ............................................................................................... 5

2.1 Commonwealth Legislation ..................................................................................................... 5

2.1.1 Environment Protection and Biodiversity Conservation Act 1999..................................... 5

2.2 State Legislation ...................................................................................................................... 5

2.2.1 Environmental Planning and Assessment Act 1979 ......................................................... 5

2.2.2 Threatened Species Conservation Act 1995..................................................................... 5

2.2.3 National Parks and Wildlife Act 1974 ................................................................................ 6

2.2.4 Heritage Act 1977 (Heritage Act) ...................................................................................... 6

2.2.5 Native Vegetation Act 2003............................................................................................... 7

2.2.6 Protection of the Environment Operations Act 1997 ......................................................... 7

2.2.7 Roads Act 1993 ................................................................................................................. 8

2.2.8 State Environmental Planning Policy No. 44 – Koala Habitat Protection.......................... 8

2.3 Regional and Local Planning................................................................................................... 9

2.3.1 Bega Valley Local Environment Plan 2002 ....................................................................... 9

2.3.2 Lower South Coast Regional Environmental Plan (No. 2) ................................................ 9

3 Existing Environment............................................................................................................. 12

3.1 Topography, Geology and Soils ............................................................................................ 12

3.2 Disturbances.......................................................................................................................... 12

3.3 Flora and vegetation communities......................................................................................... 12

3.4 Fauna and Habitat ................................................................................................................. 13


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3.5 Cultural Heritage.................................................................................................................... 15

4 Environmental Impacts and Management............................................................................. 16

4.1 Air .......................................................................................................................................... 16

4.1.1 Impact.............................................................................................................................. 16

4.1.2 Mitigation ......................................................................................................................... 16

4.2 Water ..................................................................................................................................... 16

4.2.1 Impact.............................................................................................................................. 16

4.2.2 Mitigation ......................................................................................................................... 17

4.3 Energy and Climate Change ................................................................................................. 18

4.3.1 Impact.............................................................................................................................. 18

4.3.2 Mitigation ......................................................................................................................... 18

4.4 Flora and vegetation communities......................................................................................... 18

4.4.1 Impact.............................................................................................................................. 18

4.4.2 Mitigation ......................................................................................................................... 19

4.5 Fauna..................................................................................................................................... 20

4.5.1 Impact.............................................................................................................................. 20

4.5.2 Mitigation ......................................................................................................................... 21

4.6 Cultural Heritage.................................................................................................................... 22

4.6.1 Impact.............................................................................................................................. 22

4.6.2 Mitigation ......................................................................................................................... 22

4.7 Impacts to Community safety ................................................................................................ 22

4.7.1 Impact.............................................................................................................................. 22

4.7.2 Mitigation ......................................................................................................................... 22

4.8 Noise and Traffic.................................................................................................................... 23

4.8.1 Impact.............................................................................................................................. 23

4.8.2 Mitigation ......................................................................................................................... 24

4.9 Visual Impacts ....................................................................................................................... 24

4.9.1 Impact.............................................................................................................................. 24

4.9.2 Mitigation ......................................................................................................................... 24

4.10 Cumulative Impact ................................................................................................................. 24

4.11 Ecologically Sustainable development .................................................................................. 25

5 Consideration of Alternatives................................................................................................. 28

6 Summary of Mitigation Measures .......................................................................................... 30

7 Conclusion ............................................................................................................................. 33

References .............................................................................................................................................. 34


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Appendix A: Study Methods and Results................................................................................................ 36

Appendix B: Species Likelihood Table.................................................................................................... 41

Appendix C: Assessment of Significance................................................................................................ 46

Appendix D: Photos................................................................................................................................. 55

Appendix E: Archaeological Assessment................................................................................................ 57

Appendix F: Design Plans for Proposed Wanatta Lane Upgrade........................................................... 58

Appendix G: Summary of Community Consultation................................................................................ 59

List of Figures Figure 1: Location of the study area

Figure 2: Zoning in the locality of Wanatta Lane

Figure 3: EEC extent, groundcover condition and location of hollow-bearing trees

List of Tables Table 1: Summary of Mitigation Measures...............................................................................................30


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1 Introduction 1.1 BACKGROUND

This Review of Environmental Factors (REF) has been prepared by Eco Logical Australia (ELA) on behalf of Bega Valley Shire Council (BVSC). The REF assesses the potential environmental impacts of the proposed widening of 1.6 kilometres of Wanatta Lane. The proposed widening is associated with the

proposed Bega Valley Central Waste Facility (CWF) at Lot 3 DP 592206, off Wanatta Lane, approximately 4

km north of Wolumla village.

The location of Wanatta Lane is shown in Figure 1.

Bega Valley Shire Council intends to assess the activity pursuant to part 5 of the Environmental Planning and Assessment Act 1979 and subsequently has commissioned the preparation of an REF to meet BVSC’s and other stakeholders standards of due diligence prior to undertaking the proposed road widening. Other stakeholders include the NSW Roads and Traffic Authority (RTA), NSW Department of Environment, Climate Change and Water (DECCW), Bega Local Aboriginal Land Council (Bega LALC), Wolumla Residents Action Group, Commonwealth Department of Environment, Water, Heritage and the Arts (DEWHA) and other local property owners.

This report is the outcome of desktop analyses and fieldwork undertaken by ELA, Onsite Archaeological and Hayes Environmental, in relation to the proposal. A couple of key documents were reviewed for this report including the Environmental Impact Statement (EIS) for the CWF proposal prepared by AECOM (2009) and specifically the Flora and Fauna Assessment conducted by Hayes Environmental in December 2008, the Traffic Impact Assessment by Hyder Consulting (2009) and the Noise Impact Assessment prepared by Heggies Pty Ltd (2007) and included accordingly as Appendix I, F and K to the EIS. The assessment methods are identified in more detail in Appendix A.

1.2 DESCRIPTION OF PROPOSAL

The proposed Wanatta Lane upgrade involves realigning, widening and reconstruction of the existing gravel roadway, to a 6.4 m wide bitumen sealed road with 1 m shoulders. The upgrade will extend from the Princes Highway intersection west for 1.61 km to the entrance of the proposed CWF. The upgraded road will be constructed to a design standard of 60 kph and construction materials would include general road pavement with two coat bitumen seal. In addition, transverse drainage structures would be established on drainage depressions. The upgrade will facilitate access to the proposed CWF in all weather conditions. The detailed engineering plans including the existing road and the proposed widening design have been attached as Appendix F in this report.

The proposed works would occur largely within the road reserve and involves the loss of approximately half of the native trees currently lining the road. Approximately 230 trees (>12cm diameter at breast height - DBH) were counted and this included nine large trees with trunk diameters over 75cm, seven of which are hollow bearing (refer to photos in Appendix D). The bulk of the remaining trees are relatively small closely growing regrowth trees less than 20 m in height. The trees on the southern side of the road alignment will generally be retained and the gaps planted out with local tree and shrub species in order to improve connectivity along the road verge.



Total tree removal associated with the proposal is in the order of 115 trees which equates to half the small regrowth trees, 80% of the large trees, and 100% of the hollow-bearing trees within or immediate adjacent to the existing road reserve. Large trees requiring felling will be left in sections within a revegetation area on the road side or adjacent Council owned land for wildlife habitat.

The proposed works would be undertaken in accordance with a Construction Environmental Management Plan (CEMP) over a period of approximately nine weeks. Construction works would be undertaken between 7am and 6pm Monday to Friday and 8am to 1pm on Saturdays. Normal road construction plant would be used including bulldozers, scrapers, graders, trucks, water trucks and rollers. The detailed design plans for the Wanatta Lane upgrade can be found in Appendix F.

Environmental Safeguards

A number of specific environmental safeguards have been incorporated into the proposal to minimise impacts on flora and fauna, community safety and on the environment generally. These safeguards or mitigating measures are identified in Sections 4 and 6.

1.3 SUBJECT AND STUDY AREA

The subject site for the purposes of this report comprises all areas that will be directly disturbed by the proposal. The subject site is the existing gravel road footprint and additional areas beyond the existing road that will be modified to achieve the new road alignment and width. The total subject site is approximately 1.35 ha.

The indirect effects of the proposal will generally be limited to within 5 m of the subject site, however the proposed tree removal may result in changes to the microclimate within approximately 20 m of the subject site. As such the study area comprises the subject site and the 20 m immediately adjoining the treed sections of the subject site.

The locality for the purposes of this report is the land within an area of 10 km x 10 km centred on the study area.

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Figure 1: Location

© Eco Logical Australia Pty. Ltd. This map is not guaranteed to be free from error or omission. Eco Logical Australia Pty. Ltd. and its employees disclaim liability for any act done on the information in the map and any consequences of such acts or omissions.

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1.4 CONSULTATION

Consultation for the proposal has been as follows:

1. Consultation in writing (letters dated 8 October 2010) to 17 stakeholders identified by Council including local Wolumla property owners and members of the Wolumla Residents Action Group

requesting input on specific issues these stakeholders wish to be addressed in relation to the REF for the proposal.

2. Consultation with Bega LALC including a site survey and specific Aboriginal Heritage Assessment (Onsite Cultural Heritage Management 2010).

3. A letter from DECCW dated 13 August 2010 identifying recommended survey and assessment effort and methods and mitigation measures.

4. Written responses from three of the Wolumla resident stakeholders (see Appendix G).

5. Phone and email conversations with David Basil, Waste Services Manager, BVSC over October to December 2010 regarding survey results, the proposal design and potential impact mitigation measures.

1.5 JUSTIFICATION OF ACTIVITY

The proposal is justified for the following reasons:

1. Wanatta Lane is the only access route to the proposed CWF site and also provides access to the village of Wolumla, rural and rural residential properties in the local area, and the Clavering Park Crematorium. Wanatta Lane connects to the Princes Highway, which is an existing national and local transport route and the primary link within the Shire and to other villages and towns in the region.

2. The existing gravel road is insufficiently wide and inappropriately surfaced to accommodate in all weather conditions the larger truck movements associated with the proposed CWF. It is also currently not of a standard to accommodate the expected increase in vehicle movements associated with the proposed CWF more generally. The proposal will raise the Wanatta Lane construction standard to provide safe all weather access, to the proposed CWF. The upgrade will reduce the long term maintenance costs, increase safety, and lower some of the indirect environmental impacts (ie runoff, erosion, dust pollution) associated with the existing road.



2 Planning and Statutory Matters 2.1 COMMONWEALTH LEGISLATION

2.1.1 Environment Protection and Biodiversity Conse rvation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) administered by the Department of Sustainability, Environment, Water, Population and Communities (DSEWPC) is the Australian Government’s central piece of environmental legislation. The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places (defined in the Act as Matters of National Environmental Significance [NES]) and Commonwealth land.

Consideration of EPBC matters is provided in Sections 3 & 4 and Appendices B & C and it has been concluded that a referral pursuant to the EPBC Act to the DEWHA is not required.

2.2 STATE LEGISLATION

2.2.1 Environmental Planning and Assessment Act 197 9

The Environmental Planning and Assessment Act 1979 (EP&A Act) provides the mechanisms for the assessment and approval of works undertaken on land in NSW. An activity is subject to the provisions of Part 5 of the Act and requires an environmental assessment pursuant to Section 82 of the EP&A Act Regulations, including an assessment pursuant to section 5A of the Act for threatened species or their habitats.

This REF has the objective of providing adequate information to allow the assessing officer to determine the likely significance of environmental impacts (and whether an Environmental Impact Statement is required) in accordance with the Planning NSW’s best practice guidelines. Under the EP&A Act, Bega Valley Shire Council is both the determining authority and the proponent for the proposal.

Certain duties are imposed upon a determining authority, including the duty to examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reasons of that activity. This REF aims to address this aspect of their duty in respect to considering the environmental impact of the proposed activities under Section 111 of the EP&A Act and Section 228 of the Environmental Planning and Assessment Regulation 2000.

This REF has been completed under Part 5 of the EP&A Act 1979, and describes the level of impact that the activity may have on items listed in this Act.

2.2.2 Threatened Species Conservation Act 1995

The Threatened Species Conservation Act 1995 (TSC Act) aims to protect and encourage the recovery of threatened species, populations and communities listed under the Act. Obligations placed on BVSC under the TSC Act in relation to the proposal include consideration of threatened species, populations, ecological communities, key threatening processes and recovery plans in fulfilling its statutory responsibilities. The TSC Act inserts provisions to the approvals process if it is determined under Section 5A of the EP&A Act that there is likely to be a significant effect on a threatened species, population or ecological community, requiring a Species Impact Statement (SIS) be prepared. The consent or determining authority must seek the concurrence of the Director-General of National Parks



and Wildlife where there is likely to be a significant effect on threatened species, populations or endangered ecological communities, or their habitats, or where the proposal impacts on identified critical habitat or contributes to the operation of a key threatening process.

In relation to the proposal, an assessment of the likely impacts on threatened species, populations or endangered ecological communities, their habitats or any identified critical habitat or contribution to the operation of a key threatening process, has been undertaken (refer to Sections 3 & 4 and Appendix B & C).

2.2.3 National Parks and Wildlife Act 1974

The National Parks and Wildlife Act 1974 (NPW Act) provides the basis for the legal protection and management of Aboriginal sites within NSW. Sections 84 and 90 of the NPW Act provide statutory protection for any physical/material evidence of Aboriginal occupation of NSW and places of cultural significance to the Aboriginal community. The key principles of the Act in relation to Aboriginal heritage are the prevention of unnecessary or unwarranted destruction of Aboriginal objects, and the active protection and conservation of objects which are of high cultural significance. It is an offence to knowingly disturb an Aboriginal object, irrespective of its nature or significance, without the prior consent of the Director-General of the NSW DECCW.

An Aboriginal archaeological assessment of the proposal was conducted on 23 November 2010. The site survey was carried out by Gerard Niemoeller, of On Site Archaeology, and Bega LALC representative Justin Green. The whole of the study area was traversed and all potential trees examined for scarification. There was no evidence of Aboriginal Heritage objects found during this inspection. The assessment considered the study area to be of low archaeological deposit potential and accordingly does not foresee any constraints to the proposal with regard to Aboriginal heritage and did not recommend any management of mitigation strategies. The complete Aboriginal heritage assessment has been included as Appendix E.

The proposal will not traverse or otherwise impact upon any National Parks Estate.

2.2.4 Heritage Act 1977 (Heritage Act)

The Heritage Act 1977 provides for the conservation of items of environmental heritage in NSW. The Act defines heritage as items or places that are of state and/or local heritage significance and include: places, buildings, works, relics, moveable objects and precincts. As part of NSW heritage protection and management, the Act establishes a register including an inventory and list to protect the listed items.

A property is a heritage item if it is:

• listed in the heritage schedule of the local Council's Local Environmental Plans (LEP); or

• listed on the State Heritage Register, a register of places and items of particular importance to the people of NSW.

Bega Valley Local Environment Plan 2002

The Ayrdale Dairy Village is listed as rare and having historic, aesthetic and technical significance under Schedule 6 (Interim) of the Bega Valley Shire LEP. It is more than 800m away from Wanatta Lane and will not be affected by the proposal.



State Heritage Register

A search of the online database, State Heritage Inventory, which includes items listed on the State Heritage Register found no reference to any particular place with significance to the State, or subject to an Interim Heritage Order under the NSW Heritage Act 1977 which would be affected by this proposal.

The Heritage Act also covers non-Aboriginal materials and artefacts which are at least 50 years old (defined by the Act as a “relic”). According to Section 139, Part 6 of the Act “a person must not disturb or excavate any land on which the person has discovered or exposed a relic except in accordance with an excavation permit. “ No non-aboriginal artefacts older than 50 years are expected to be impacted on during the proposed works.

2.2.5 Native Vegetation Act 2003

Sections of the proposed works will remove native vegetation as defined by the Native Vegetation Act 2003 (NV Act). Clearing that is excluded from the provisions of section 25 of the NV Act includes;

“(g) any clearing that is, or is part of, an activity carried out by a determining authority within the meaning of Part 5 of the Environmental Planning & Assessment Act 1979 if the determining authority has complied with that Part, “

The proposal would be assessed as a Part 5 development (under the EP&A Act 1979) and the proposed works would be carried out by BVSC, a determining authority as defined by the Act. Therefore the proposal is not subject to the NV Act.

2.2.6 Protection of the Environment Operations Act 1997

The Protection of the Environment Operations Act 1997 (POEO Act) includes provisions relating to the protection of the environment. There are serious offences under this Act for causing pollution of air, noise, water or land. One of the objectives of the Act is to protect, restore and enhance the quality of the environment in New South Wales, having regard to the need to maintain Ecologically Sustainable Development (ESD).

The principles of ESD include:

a) The principle of sustainable use;

b) The principle of integration. That the ecologically harmful cycle of economic development without regard to and at the cost of the environment could only be broken by integrating environmental concerns with economic goals;

c) The precautionary principle. In regard to threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

b) Intergenerational and intragenerational equity. The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for future generations;

c) Conservation of biological diversity and ecological integrity. The conservation of biological diversity and ecological integrity should be a fundamental consideration; and

d) The internalisation of external environmental costs. Environmental factors should be included in the valuation of assets and services.

This REF has been guided by the principles of ESD in assessing the impacts of the proposed works.



2.2.7 Roads Act 1993

The Roads Act 1993 regulates the carrying out of certain activities on public roads, provides a classification of roads, and establishes procedures for opening and closing public roads. Section 138 of the Roads Act 1993 requires the consent of the appropriate roads authority for the following works:

• erecting a structure or carrying out a work in, on or over a public road, or

• digging up or disturbing the surface of a public road, or

• removing or interfering with a structure, work or tree on a public road, or

• pumping water into a public road from any land adjoining the road, or

• connecting a road (whether public or private) to a classified road.

The proposed works would involve the upgrade of the section of road between the proposed CWF and the intersection with the Princes Highway. Council is intending to carry out works on Wanatta Lane, which is a local road under the care, control and management of BVSC. Council would therefore be required to obtain the consent of the appropriate roads authority, in this instance Council, for works associated with Wanatta Lane.

However, the upgrade of Wanatta Lane would involve some minor works to the intersection with the Princes Highway, which is a public road. As such the consent of the appropriate roads authority, in this case the NSW Roads and Traffic Authority (RTA) will be required.

2.2.8 State Environmental Planning Policy No. 44 – Koala Habitat Protection

The aim of this policy is to ensure the conservation and management of areas that provide habitat for koalas. The policy applies only to certain Local Government Areas including the Bega Valley Shire

SEPP 44 requires a judgement to be made about whether the land in a study area is potential and/or core koala habitat based on the proportion of trees present that are listed as Koala Feed Tree Species in Schedule 2 of the policy and/or the presence of koalas. These listed feed trees must constitute at least 15 % of the total number of trees in the upper or lower strata of the tree component for the vegetation to be classified as potential koala habitat. Core koala habitat is land where there is a resident population of koalas including breeding females.

The policy requires the preparation of plans of management before development consent can be granted in relation to areas of core koala habitat, encourages the identification of areas of core koala habitat, and encourages the inclusion of areas of core koala habitat in environment protection zones.

The policy does not apply to the proposal because a development application will not be made for the proposal, as it is being assessed under Part 5 of the EP&A Act.

In any case, whilst the study area contains Forest Red Gum, which is a feed tree species listed on Schedule 2 of SEPP No. 44 and comprises more than 15 % of the canopy species within the study area, there is no evidence of koalas occurring recently within study area or immediate surrounds.

Consequently, it is considered that whilst the study area provides potential koala habitat it is not core koala habitat. That is, the study area does not support or form part of the home range of a resident population of koalas evidenced by attributes such as breeding females and recent sightings or historical records of a population.



2.3 REGIONAL AND LOCAL PLANNING

2.3.1 Bega Valley Local Environment Plan 2002

The study area falls within the boundaries of the Bega Valley Local Environment Plan (LEP) 2002 administered by BVSC. The study area predominately comprises the Wanatta Lane road reserve. The road reserve and adjoining areas are zoned 1 (a) (Rural General Zone). The lands adjoining the road reserve have long been cleared or otherwise heavily modified for agricultural purposes, primarily cattle grazing (Figure 2).

This REF satisfies the requirements of Clause 12 of the LEP regarding development within Zone 1(a) to consider the need for the proposed development and the impacts on existing and likely future use of the land.

It should be noted that under Clause 80, the road widening is allowed without development consent.

Thus the proposal is consistent with the zone objectives and the aims of the Bega Valley Local Environment Plan (LEP) 2002.

2.3.2 Lower South Coast Regional Environmental Plan (No. 2)

The Lower South Coast Regional Environmental Plan (REP 2) provides a framework to guide decisions on local planning and development, and government and private investment in the Bega Valley and Eurobodalla shires. Clause 2 of the REP states the aims of the plan are:

a) to develop regional policies that protect the natural environment and promote the orderly and economic development and use of land and other resources in the region, consistent with conservation of natural and man-made features,

b) to consolidate and amend various existing policies applying to the region, to make them more appropriate to regional needs, and to place them in the context of regional policy,

c) to provide a basis for the coordination of activities related to growth in the region and to encourage optimum economic and social benefit to the local community and visitors to the region, and

d) to establish a regional planning framework for identifying priorities for further investigation to be carried out by the Department of Planning and other agencies.

Under this Clause it is also stated that the aims will be implemented in this plan by specifying:

a) objectives for the future planning, development and use of land within the region, and

b) regional policies to guide the preparation of local environmental plans and for development control.

The proposed CWF is Council’s response to ensure future waste management needs of the area arising from predicted future growth are met. The proposed development would result in both economic and environmental benefits for the LGA as a CWF would limit the impacts related to landfill activities to one site with existing landfill sites within the LGA to be converted to transfer stations.

The proposed development of the CWF and the associated upgrading of Wanatta Lane thus satisfies the general aims of REP 2.

Clause 19 sets out the objectives in relation to rural land:



a) to conserve better quality agricultural lands for the purposes of agriculture,

b) to facilitate farm adjustments,

c) to enable other forms of development associated with, or compatible with, rural activity in appropriate locations, and

d) to minimise the cost to the community of fragmented and isolated development.

Clause 21 of REP 2 relates to policies for development control for rural land.

It states that councils, before granting consent to the development of rural land for purposes other than agriculture must, where the land is classified as Class 1, 2 or 3 on the maps marked “Agricultural Land Classification Map—Lower South Coast Region” be satisfied that the development will not significantly reduce the agricultural potential of the land or adjoining lands.

The proposed upgrading of Wanatta Lane will result in a very minor loss of agricultural land. It is considered that the proposal to upgrade Wanatta Lane satisfies Clauses 19 and 21 of REP 2.

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Figure 2: Zoning in the locality of Wanatta Lane, Wolumla


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3 Existing Environment 3.1 TOPOGRAPHY, GEOLOGY AND SOILS

The study area lies at an altitude of 100 m Australian Height Datum within the landscape of the gently undulating grazing country to the east of the dissected near-coastal ranges. Wanatta Lane generally follows a natural ridgeline that runs roughly east -west from Wolumla to the Princes Highway.

Reference to the 1:250 000 Metallogenic Sheet for Bega shows the study area is underlain by rocks of the Lower to Middle Devonian Bega Granite. The soils were reported to be very hard or dense (Amaral 2005 in Aecom 2009) and are weathered from the underlying granite bedrock and comprise well-graded residual soils of sand, silt, clay and a trace of fine gravel.

The nearest water bodies are two small farm dams in the paddocks about 250 m or more away on both sides of Wanatta Lane, and the ephemeral Wolumla Creek approximately 1.5 km south-west of the proposed site of the CWF. At the time of the survey these dams were full and the creeks in the area running with water (See photo 1 in Appendix D).

3.2 DISTURBANCES

The entirety of the study area is in a rural landscape which has been modified in association with the construction and maintenance of the existing road and as a result of historic and ongoing grazing in the farmland bounding Wanatta Lane to the north and south. This is evidenced by the diversity and abundance of introduced plant species typically associated with roadsides and grazing country found within the study area. However the level of disturbance has varied and there are a few small patches within the study area, particularly within the undeveloped northern parts of the road reserve, which continue to support a reasonable diversity of native groundcovers, and to a lesser extent, shrubs.

All trees on site are native species, most of which are relatively young regrowth (approximately 230) forming a patchy and broken canopy corridor lining the road. There are also are seven old-growth trees which support hollows and another three large non-hollow-bearing trees with diameters greater than 75cm.

The trees on the southern side of the proposed road widening are all younger trees with the exception of one old growth tree near the junction of Wanatta Lane and the Princes Highway.

3.3 FLORA AND VEGETATION COMMUNITIES

The vegetation communities within the study area and immediate surrounds were classified with reference to Tozer et. al. (2006). The study area supports the Far South Coast Grassy Woodland of Tozer et. al. (2006) and areas of Exotic Grassland.

The Far South Coast Grassy Woodland comprises a woodland or open forest characterised within the study area by a canopy of Forest Red Gum Eucalyptus tereticornis and to a lesser extent Red Box Eucalyptus polyanthemos subsp. vestita, Rough-barked Apple Angophora floribunda, and River Peppermint Eucalyptus elata. The shrub layer is generally absent and the groundcover is generally



exotic, although some patches dominated by native species remain in places, as shown in Figure 2. The vegetation within the study area is described in detail in Hayes Environmental (2008).

Despite the level of disturbance, much of the vegetation within the study area comprises the Lowland Grassy Woodland in the South East Corner Bioregion endangered ecological community (Lowland Grassy Woodland), which is listed on the TSC Act. The Lowland Grassy Woodland replaced the Bega Dry Grass Forest and Candelo Dry Grass Forest EECs.

The study area does not support any other endangered ecological communities listed on either the TSC Act or EPBC Act.

No flora species of conservation significance were detected within the study area or immediate surrounds despite targeted searches during the survey period and also for Hayes Environmental (2008). No threatened flora species are expected to occur within the study area.

3.4 FAUNA AND HABITAT

The fauna habitats present in the study area and immediate surrounds are those typically associated with grazing lands and narrow strips of remnant woodland within road reserves in the Bega Valley. As such the fauna habitats within the study area and surrounds are relatively limited, given their fragmentation, lack of understorey, and relatively poor connectivity to less modified areas of bushland. Notwithstanding these limitations, the study area does continue to support fauna habitats of value, in particular seven hollow-bearing trees, some of which are large old-growth trees with multiple and medium to large hollows. The location of the hollow-bearing trees within the study area are shown in Figure 3.

The trees within the study area also provide foraging habitats, particularly for species that forage on the nectar resources. These nectar resources also attract insects which subsequently attract insect eating birds and microchiropteran bats. A diverse range of microchiropteran bats were recorded foraging within the study area during the survey period, including the threatened East-coast Freetail Bat Micronomus norfolkensis and the Eastern Falsistrelle Falsistrellus tasmaniensis. The study area and surrounds also include winter-flowering eucalypts which provide a valuable seasonal foraging resource, including for arboreal mammals such as the Sugar Glider Petaurus breviceps and Common Brushtail Possum Trichosurus vulpecular, both of which were recorded within the study area during the survey period.

The study area does not support any significant water or rock habitats. The habitats within the study area continue and are more extensive on the lands to the immediate north.

The hollow bearing trees within the study area provide some potential breeding and roosting habitat for a range of mammals and birds. During the survey period these resources were being utilised by the Sugar Glider, Common Brushtail Possum and birds such as the Galah, Musk Lorikeet and Noisy Miner. These species were also using hollow-bearing trees which occur to the north of the study area in the remnant woodland that stretches north through grazing lands along a tributary of Wolumla Creek.

Some highly mobile fauna species of conservation significance, and in particular threatened microchiropteran bats, may occur in the study area from time to time. However, given the small size of the study area and the nature of the habitats there, the study area is not expected to provide any critical habitat resources for any fauna species of conservation significance.

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3.5 CULTURAL HERITAGE

Cultural heritage includes both Aboriginal and non-Aboriginal history. It comprises important components of the environment that may have aesthetic, historic, scientific and social significance to present and future generations

An archaeological assessment of the proposal was conducted on 24 November 2010. The site survey was carried out by Gerard Niemoeller of On Site Cultural Heritage Management, and Justin Green, from Bega Local Aboriginal Land Council.

No Aboriginal scarred trees or Aboriginal objects were found within the study area and the assessment considered the area of impact to be of low archaeological potential. The complete Heritage Assessment has been included as Appendix E.

Similarly, a search of relevant databases was undertaken to ascertain whether the study area supports any items of non-Aboriginal heritage. The only heritage item in the area is the Ayrdale Dairy Village, listed under Schedule 6 (Interim) of the Bega Valley Shire LEP. However Ayrdale Dairy Village is located well beyond the study area and will not be affected by the proposal.



4 Environmental Impacts and Management

4.1 AIR

4.1.1 Impact

The activities associated with the proposal will have a negligible impact on air quality. Dust will be temporarily created during some of the construction activities, although dust will generally be restricted to the immediate area, and is expected to have a negligible impact beyond the study area.

Vehicle movements in association with the proposal are likely to raise dust and also result in some odour and exhaust emissions. However neither dust, odour or the exhaust emissions associated with the proposal will result in a significant deterioration of air conditions within the study area and surrounds during the construction period.

The impacts from odour and exhaust emissions associated with the proposal are negligible when compared to the emissions associated with other activities in the locality i.e. agriculture and the use of major roads such as the Princes Highway.

The proposal will result in positive outcomes with regard to dust, with the proposed sealing of Wanatta Lane road surface significantly reducing the dust emanating from 1.6 km of Wanatta Lane.

Under these circumstances, the impacts on air quality associated within the proposal will be negligible, and in relation to dust, will be positive in the medium to long-term.

4.1.2 Mitigation

Given the negligible potential for air quality impacts, specific mitigation measures are not necessary.

4.2 WATER

4.2.1 Impact

The potential impacts of the proposed works on water quality relate to pollution of the surrounding area from runoff from the study area during the construction period, the generation of waste, pollution from petrochemicals or the road medium which may then enter local watercourse, and from potential alterations to the local soil and drainage structure.

Adverse drainage and erosion impacts are not anticipated in association with the proposal because the upgraded section of Wanatta Lane follows a natural ridgeline underlain with hard granite derived soils. There may be increased runoff in the drainage depressions, however, the site is naturally drained via ephemeral gullies and because the surrounding area is dominated by grasslands the majority of the sediment in the runoff would be deposited in the grasslands to which the proposed drainage structures will discharge.



Weather is a key variable influencing the extent of runoff thus, in the event of a major storm there is the potential for higher levels of water and sediment movement. The road upgrade proposes to install drainage culverts to appropriate standards and implement sediment and erosion control measures in preparation for their permanent installation. Consequently, the impacts associated with both the construction and operation phases are considered minimal and no ongoing impacts associated with runoff are expected as the culvert entry and exit points will naturally revegetate in the short term.

Portable toilets will be provided and maintained on site during the proposed activities and the sanitary waste would be properly disposed of by a licensed contractor to the Merimbula or Bega sewage treatment plants.

Chemical and general litter pollution risks will be adequately reduced using appropriate management practices such as storage site bunding, access to appropriate materials in the event of any spills, and the provision of appropriate bins for the collection of works related waste and food waste. Waste will be disposed of at the Merimbula Recycling and Waste Depot.

The road drainage built into the road design, the sediment controls during and post construction, and the waste collection procedures that will be required during construction, will appropriately mitigate against potential water quality impacts. Consequently, the potential impacts on water quality associated with the proposal are expected to be negligible.

Furthermore, the sealing of 1.6 km of Wanatta Lane is likely to reduce adverse impacts on receiving waters in the medium to long-term, by reducing the sediment and associated turbidity during rain, and particularly storm events.

4.2.2 Mitigation

The following measures have been incorporated into the proposal to limit potential adverse impacts on drainage and water quality. They include:

• All works are to be undertaken in accordance with a CEMP specific to the road upgrade.

• Install temporary erosion, sediment and necessary water pollution source control measures to mitigate impacts during the construction phase.

• Construct road using appropriate transverse drainage structures as per the proposed design.

• Works will not be scheduled when heavy rainfall is forecast.

• No works involving soil disturbance shall take place during heavy rainfall periods, other than work necessary to stabilise the site.

• General solid waste is to be collected in appropriate bins and disposed of at the Merimbula Recycling and Waste Depot.

• On site portable toilets are to be maintained and the waste from them is to be collected and properly disposed of by a licensed contractor.

• Minimize the disturbance to groundcover vegetation within the study area outside of the proposed road footprint.

• Disturbed soil areas adjacent to the study site should be rehabilitated by sowing a sterile cover crop.

• Any fuel, other petrochemicals or potentially polluting fluids must be stored within a bunded area during the construction phase of the proposal.



4.3 ENERGY AND CLIMATE CHANGE

4.3.1 Impact

During the implementation of the proposal energy consumption will occur in association with the use of vehicles and machinery. This energy use is considered to be negligible in the context of the energy use elsewhere in the locality.

Whilst the overall level of impact on energy consumption and climate change associated with the proposal is considered to be negligible it can nonetheless be further mitigated by implementing the mitigation measures identified below.

4.3.2 Mitigation

To minimise the energy consumption and emissions produced during the implementation of the proposal, energy efficiency should be considered at all times. As such vehicles and machinery should be kept in good working order and used in an efficient manner

4.4 FLORA AND VEGETATION COMMUNITIES

4.4.1 Impact

The proposal will result in the loss of most of the Far South Coast Grassy Woodland on the northern side of the existing road reserve. As identified in Section 3.3, the Far South Coast Grassy Woodland comprises the Lowland Grassy Woodland EEC. Much of the Lowland Grassy Woodland within the study area is in poor condition and is characterised by dense regrowth Red Gum trees to about 20 m in height, above an overwhelmingly exotic groundcover dominated by Kikuyu Pennisteum clandestinum. However there are areas where the groundcover is much less disturbed and is in relatively good condition (See Figure 2). These areas support a reasonable abundance of native graminoids and forbs characteristic of the Lowland Grassy Woodland EEC, and would be considered to be in moderate to good condition using the condition classes of Gibbons et. al. (2006).

The area to the north of the existing road reserve, east of the entrance to Ayrdale (on Lot 36 DP 787823), is also in relatively good condition despite historic clearing and grazing. This area supports an open woodland of remnant trees, mainly Red Gum, with a depauperate but mainly native groundcover dominated by Kangaroo Grass Themeda australis. It also includes considerable suckering of the canopy trees. As such, the woodland to the north of the study area, as shown in Figure 2, would also be considered to be the Lowland Grassy Woodland EEC in moderate to good condition using the condition classes of Gibbons et. al. (2006).

It is estimated that there is approximately 0.25 ha of Lowland Grassy Woodland within the study area that has a predominately native groundcover.

Although the exact size of the local occurrence of the Lowland Grassy Woodland EEC is not known. Tozer et. al. (2006) estimate that there is approximately 900-1000 ha of the Lowland Grassy Woodland in the Toothdale – Wolumla - Frogs Hollow area. On the basis of observations on the lands to the immediate north of the study area, the actual extent of remnant Lowland Grassy Woodland in the locality is likely to be considerably higher when all condition states are taken into consideration. This is supported by the observation that the areas to the immediate north of the study area, despite supporting at least several hectares of Lowland Grassy Woodland in moderate to good condition, are generally not mapped by Tozer et. al. (2006) as supporting the community.



Under these circumstances, whilst the removal 0.25 ha of Lowland Grassy Woodland in relatively good condition is a substantial adverse impact, it is not considered to comprise a significant impact on the Lowland Grassy Woodland. A more detailed assessment of the impacts of the proposal on the Lowland Grassy Woodland is presented in the Assessment of Significance (Appendix C).

The bulk of the study area supports vegetation that is of negligible significance from a conservation perspective comprising exotic pasture species and weeds, or patches of eucalypts above a predominately exotic groundcover. These areas have negligible recovery potential.

No flora species of conservation significance were detected within the study area or immediate surrounds despite targeted searches during the survey period and in 2008 (Hayes Environmental 2008). No threatened flora species are expected to occur within the study area and the impact of the proposal on flora species of conservation significance is expected to be negligible.

Under theses circumstance the impacts on flora and vegetation communities associated with the proposal are considered to be acceptable. Notwithstanding this conclusion, the proposal includes significant tree and shrub planting and other recovery efforts to offset the impacts of the proposal on the Lowland Grassy Woodland, and on habitat connectivity.

4.4.2 Mitigation

The following mitigation measures are designed to limit the impact on vegetation communities resulting from the proposal:

• The impacts on the Lowland Grassy Woodland EEC will be offset by the rehabilitation and recovery efforts proposed along the eastern boundary and around the CWF site (see Figure 4 in AECOM 2009) and also within the large woodland remnant in the south-western parts of the site.

• Local provenance trees characteristic of the Lowland Grassy Woodland will be planted on either side of the upgraded Wanatta Lane and in any areas where there are currently gaps in canopy connectivity.

• Trees within the study area and vicinity that will not be removed are to be marked with bright flagging tape and temporary fencing where necessary to ensure that these trees are appropriately protected during the construction phase of the proposal.

• The limits of the construction site will be clearly marked (for example, using temporary fencing) to ensure site disturbance occurs only within the designated works areas and is not unnecessarily extended i.e. into the Lowland Grassy Woodland that occurs to the north of the study area.

• An induction plan for workers will be developed and implemented to inform them of appropriate safeguards to limit impacts on vegetation to be retained within or beyond the limit of the proposed works.

• Tree will be removed so as to limit and or avoid damage to vegetation to be retained and particularly hollow-bearing trees.

• Tree and vegetation removal will be conducted by experienced operators only.



4.5 FAUNA

4.5.1 Impact

A relatively broad range of fauna species may potentially utilise the foraging, breeding and roosting habitats in the study area. However the extent of similar and superior potential habitats in the locality, relative to that in the study area, suggests that the habitats in the study area are unlikely to be of particular importance to most species. Whilst threatened microchiropteran bats were recorded foraging within the study area during the survey period, no evidence of any threatened fauna species utilising the hollows in the study area was recorded during the survey period despite targeted survey. This is consistent with the results of Hayes Environmental (2008).

Given that the hollow-bearing trees within the study area are relatively isolated and exposed, the only threatened species that are likely to potentially use this hollow resource are microchiropteran bats and smaller hollow dependent birds such as the Little Lorikeet Glossopsitta pusilla. Larger hollow dependent threatened birds such as the large forest owls, Glossy Black Cockatoo and Gang-gang Cockatoo are highly unlikely to use the hollows within the study area given their exposed position, and the abundance of superior habitat in the larger forested areas that remain within the locality. Furthermore it is considered unlikely that species such as the Little Lorikeet would utilise the hollows in the study area given the species rarity in the locality. It is more likely that the hollows within the study area would be used by more common native fauna species, such as the Galahs, Noisy Miners, Sugar Gliders and Common Brushtail Possums which were observed using the hollows within the study area and surrounds during the survey period. Similarly, the hollows within the study area are more likely to be utilised by common microchiropteran bat species, as observed by AECOM (2009) in the CWF site.

Whilst it is possible that threatened microchiropteran bats may roost or even breed within the hollows within the study area, no evidence of any roosting activity was observed during the survey period or in 2008 despite targeted survey. In any case, the potential roosting or breeding habitat within the study area comprises only a negligible amount of the potential habitat available to these species in the locality.

The proposal will result in the removal of a relatively small area of potential foraging habitat and substrate for a range of fauna species including some highly mobile threatened species such as the Grey-headed Flying-fox, Gang-gang Cockatoo, and microchiropteran bats. However the extent of the foraging resources to be removed or modified is insignificant in comparison to their extent elsewhere in the locality.

The proposal will not substantially fragment or isolate any areas of potential habitat for fauna species. The study area occurs in an already highly fragmented landscape where connectivity between patches of remnant vegetation is relatively poor. As such, only highly mobile species capable of flying or otherwise of traversing open areas of grassland, are likely to move through the study area and habitats immediately adjacent. The open woodland to the north of the study area will not be affected by the action proposed, and this area will continue to provide a “stepping stone” for species moving between the larger areas of intact bushland to the east and west.

Whilst the proposal will further reduce connectivity between habitats in the short-term, this will be offset by the long-term benefits of the proposed woodland management and recovery affects associated with the proposed CWF, and the proposed tree planting along the upgraded Wanatta Lane. The impacts on connectivity will be further mitigated by the retention of the vast majority of the existing trees along the southern side of Wanatta Lane.



In summary, the proposal is highly unlikely to impose significant impacts on fauna habitats, given the isolation of the study area, the likely predominant use of the habitats by common native fauna species, and the extent of similar and superior habitats in areas immediately to the north and elsewhere in the locality.

Under these circumstances, the impacts of the proposal on fauna habitats are considered to be relatively minor and acceptable.

A range of threatened fauna species and listed migratory species are known from the locality and an assessment of the potential habitat for these species within the study area and the need for further assessment of the potential impacts in included as Appendices B and C. This assessment concluded that there proposal was unlikely to have significant impacts on any threatened or migratory fauna species under the TSC Act or EPBC Act.

4.5.2 Mitigation

The proposal is anticipated to have a relatively minor impact on fauna and their habitats. However, a number of safeguards have been incorporated into the proposal. These include:

• Planting local provenance trees characteristic of the Lowland Grassy Woodland on either side of the upgraded Wanatta Lane and in areas where there are gaps in canopy connectivity.

• Undertaking the rehabilitation and recovery efforts proposed along the eastern boundary and adjacent to the CWF site (see Figure 4 in AECOM 2009) and also within the large woodland remnant in the south-western parts of the site.

• Clearly marking the trees within the study area that are to be retained with bright flagging tape and temporary fencing to ensure that these trees are protected from damage.

• Clearly marking/delineating the activity areas at all sites (for example, using temporary fencing) to ensure site disturbance occurs only within the designated works areas and is not unnecessarily extended.

• Implementing safeguards to minimize the risk of water quality impacts as identified in Section 4.2.1.

• Developing an induction plan for workers to inform them of appropriate safeguards to limit impacts on vegetation and trees to be retained.

• Ensuring that tree and vegetation removal is conducted by experienced operators only.

• Undertaking hollow-bearing tree removal during the winter to reduce the impacts during the breeding season for most fauna species.

• Dismantle large trees in sections and/or use a machine with a grab implement to lower the trunk and limbs to the ground to reduce the chance of mortality on any resident fauna.

• A licensed fauna handler/caretaker will be available during the removal of the large or hollow bearing trees to inspect all parts of these trees after felling to see if previously non-visible hollows are present and to recover any fauna disturbed or injured as a result of these activities.

• Cease work immediately in the vicinity until further consideration if any threatened fauna species are encountered during the proposed works. A DECCW officer is to be consulted so protection measures can be applied as required.

• Large trees requiring felling will be left in sections within an appropriate area on adjacent Council owned land for wildlife habitat.



4.6 CULTURAL HERITAGE

4.6.1 Impact

An archaeological assessment of the proposal considered the area of impact to be of low archaeological and Aboriginal heritage potential.

Notwithstanding the low likelihood of adverse impacts on items of heritage, safeguards have been incorporated into the proposal as identified below.

4.6.2 Mitigation

If any Aboriginal or European heritage sites are discovered during the proposed works, they will be reported to the Zone Archaeologist of DECCW, the Bega LALC and the Heritage Council as required. Works will cease in the vicinity of the item pending their consideration. The sites will be assessed for significance, and protection measures will be instituted if required.

4.7 IMPACTS TO COMMUNITY SAFETY

4.7.1 Impact

Community safety gains associated with the proposal relate primarily to the provision of an upgraded bitumen sealed road to the Bega Valley CWF, Wolumla village and near-by rural properties.

Some local expenditure would occur during the construction phase which would also be of benefit to the local community.

Negative impacts on community safety would be restricted to inconveniences associated with traffic control measures during the construction activities. However the road will not be closed and residents and other road users will continue to have access to and from the Princes Highway. Traffic impacts in association with the proposal will be restricted to the hours of construction, which would be undertaken between 7am to 6pm Monday to Friday and 8am to 1pm Saturday, and for the nine week construction time frame.

The safety of workers during works will be addressed by adherence to relevant Occupational Health and Safety Standards.

In addition, the road upgrade will provide a road surface that will improve driving conditions and reduce the likelihood of accidents occurring and thus generally improve community safety.

It is considered that the impacts of the proposal on community safety will be positive.

4.7.2 Mitigation

To ensure community safety during the implementation of the proposal the following measures should be undertaken:

• Ensure that a best practice Traffic Management Plan is prepared prior to the proposal activities commencing to ensure traffic on Wanatta Lane and at the junction with the Princes Highway is safely managed and that residents with local properties continue to have road access during the implementation of the proposal.

• Ensure all workers adhere to relevant OH&S standards and provide workers compensation insurance.



4.8 NOISE AND TRAFFIC

4.8.1 Impact

The proposal will result in a relatively minor amount of noise and vibration generation. Given the land use of the surrounding area, and the linear nature of the activity, the noise levels generated are unlikely to cause annoyance. Passing motorists will be temporarily exposed to these impacts for the duration of the works. The nearest house is located some 300 m from the proposed works on a rural property along the Princes Highway where there are four other small acreage properties with houses. Otherwise the nearest concentration of houses is further along Wanatta Lane to the southwest at Anabelle Crescent more than 1 km from the study area.

The existing background noise is generally typical of a rural area and is associated predominantly with natural noise sources. However the study area already includes elevated noise levels in association with traffic noise from the Princes Highway. There will be temporary increases in noise emissions during construction operations but the predicted increases were assessed against intrusiveness and amenity criterion at several locations and all complied with the noise criteria and are considered acceptable (Heggies 2007). The temporary nature of works, their short duration, and the time restrictions for construction will ensure that the inconvenience associated with the noise and vibration generated by the proposal will be minimal.

Wanatta Lane intersects with the Princes Highway, which is a main arterial road providing an interstate coastal route and the primary link between the towns in the shire and the proposed CWF. The speed limit on the Princes Highway at the intersection with Wanatta Lane is 100kph. Although the existing Wanatta Lane has an open road speed limit applied towards the northern end, the 85th percentile speed of all vehicles was recorded at 55kph in both directions during traffic surveys undertaken on Wanatta Lane in 2009 by Hyder Consulting for the EIS (Appendix F of the EIS). This is likely due to the current road deficiencies where visibility at crests and curves is limited and the road is not wide enough for two opposing vehicles to pass at speed in places. The average daily traffic volumes on Wanatta Lane are very low with a total of 131 vehicles on average per day recorded during the 2009 surveys. In comparison the traffic volumes along the Princes Highway in the locality ranged from an annual average daily traffic count of 3570 in 2003 and 3032 in 2006 (Hyder Consulting 2009).

There will be some increase in traffic movements in the area whilst the work is being undertaken in association with the nine week construction phase. However, the construction vehicle and machinery movements will be restricted to the hours of construction and all traffic will be directed by a Traffic Management Plan to ensure that traffic is managed safely and public access is maintained.

As the CWF is not intended to be open to the public for personal disposal of waste, the additional daily vehicle movements generated should not exceed 50 vehicles and will be comprised of staff vehicles, Council refuse trucks, and occasional other maintenance or contractor vehicles (Hyder Consulting 2009). Thus, over the long term operational phase the additional traffic associated with these trucks and vehicles travelling along Wanatta Lane to and from the CWF are very small in relation to the existing traffic and noise volumes along the proximate Princes Highway. The projected increase in traffic operations are well within the thresholds for the Level of Service specifications for rolling terrain on a two-lane two-way rural road once Wanatta Lane is upgraded, and the impacts on the performance at the intersection of Wanatta Lane and the Princes Highway will be minimal.

Under these circumstances, the impacts of the proposal on traffic and noise during the construction phase will be minimal and temporary, and in the long term will likely improve the situation for traffic and noise.



4.8.2 Mitigation

The following mitigation measures are designed to limit the impact from infrastructure, noise and traffic from the proposal:

• Noise will be controlled by legislative devices specified in the Environmental Protection Authority’s “Environmental Noise Control Manual”.

• Construction will be undertaken during specified hours (Monday to Friday between 7am and 6pm and on Saturdays from 8am to 1pm, and not on Sundays or public holidays) and for the duration of approximately nine weeks.

• Traffic movements associated with the proposal will be kept to the minimum necessary to efficiently and safely implement the proposal.

• Ensure that a best practice Traffic Management Plan is prepared prior to the proposal activities commencing to ensure that all proposal related and public traffic on Wanatta Lane and at the junction with the Princes Highway is safely managed and that residents with local properties continue to have road access during the implementation of the proposal.

4.9 VISUAL IMPACTS

4.9.1 Impact

The study area and surrounds are a rural landscape with scenic values typical of much of the Bega Valley and other rural areas on the far south coast. Visual amenity could be compromised by untidy work practices, cleared vegetation, haphazard storage of machinery and areas of bare earth. The tree removal on the northern side of Wanatta Lane in particular will alter the visual landscape of the study area, but this is expected to have minimal impacts given that open grassy wooded areas are located nearby. In addition, the tree and vegetation retention and planting on the southern alignment, and the general rehabilitation measures associated with the proposal will, over the long term, improve canopy connectivity and thus visual amenity.

4.9.2 Mitigation

The following mitigation measures are designed to limit visual impacts from the proposal:

• Minimise visual impacts by maintaining tidy work practices, respreading cleared vegetation, and stabilising / revegetating areas of bare earth.

• Wherever possible, retain trees on the southern side of the road alignment and implement a program of planting trees in the gaps along the southern corridor.

4.10 CUMULATIVE IMPACT

The potential negative impacts identified by this report are unlikely to have significant effects at the local or regional scale since they will be minor and site-specific. The small-scale potential impacts are not envisaged to have substantial adverse effects on the environment including threatened and migratory species, cultural heritage, microclimate, greenhouse gas emissions, air, water, or soils or the community, as work practices will be implemented to protect such values.



4.11 ECOLOGICALLY SUSTAINABLE DEVELOPMENT

Section 79 (C) (e) of the NSW Environmental Planning and Assessment Act 1979 obliges decision makers to consider the principles of ecologically sustainable development (ESD). Justice Preston CJ, the chief justice of the NSW Land and Environment Court, has provided comprehensive consideration of the principles of ESD (NSWLEC 133; 2006). Justice Preston held that ESD involves a cluster of elements or principles, six of which he highlighted:

1. First, from the name itself comes the principle of sustainable use.

2. Secondly, ESD requires the effective integration of economic and environmental considerations in the decision-making process.

3. Thirdly, the precautionary principle.

4. Fourthly, the principles of equity: the need for inter-generational equity and the need for intra-generational equity.

5. Fifthly, the principle that conservation of biological diversity and ecological integrity should be a fundamental consideration.

6. Finally, the principle of internalisation of environmental costs.

In this context the proposal is assessed with respect to these identified ESD principles.

Sustainable Use

The proposal is considered to comply with this ESD principle.

Whilst the proposal will result in the loss of 0.25 ha Lowland Grassy Woodland EEC it will affect only a very small proportion of the local occurrence of the community. The loss of vegetation will also be offset by the tree and shrub planting and other recovery efforts planned to offset the impacts of the proposal on the Lowland Grassy Woodland. The proposal will not affect any threatened flora species or other flora species of particular conservation significance.

Furthermore, the proposal is unlikely to impose significant impacts on fauna habitats, given the isolation of the study area, the likely predominant use of the habitats by common native fauna species, and the extent of similar and superior habitats in areas immediately to the north and elsewhere in the locality. Again, the impacts on fauna habitats and habitat connectivity will be offset by proposed plantings and recovery efforts associated with the proposal and the proposed CWF.

Under these circumstances, the proposal will not have unsustainable or otherwise significantly adverse impacts on any threatened species, population or endangered ecological community.

Integration of economic and environmental considera tions in the decision-making process


The design of the proposal has incorporated a broad range of specific measures to mitigate and offset the potential impacts of the proposal on the environment as outlined in Sections 4.1-4.9. The impacts of the proposal on the environment have been comprehensively assessed and it has been concluded that the impacts will not be significantly adverse, and can be appropriately offset by the proposed mitigation measures. Alternatives to the proposal have been considered but the advantages from the alternatives to the proposal are negligible and more than offset by the associated disadvantages (see Section 5).



The Precautionary Principle


Justice Preston identified two cumulative conditions precedent to the application of the statutory description of the precautionary principle:

• First, “a threat of serious or irreversible environmental damage”.

• Secondly, “scientific uncertainty as to the environmental damage”.

His Honour held that once both conditions precedent are satisfied “a precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate”

In relation to the first condition, the proposal does not include a real threat of serious or irreversible environmental damage. It is a modest proposal in scale which, through the application of a precautionary approach, has incorporated a range of mitigating measures to minimize and offset potential impacts on the environment. The proposal is of a similar nature, being a rural road upgrade, to many such developments which occur within the shire and elsewhere in the region each year. These developments, if they are similarly well designed and modest in nature, are not considered to pose a threat of serious or irreversible environmental damage.

The proposal is unlikely to result in any serious risks to threatened species or species generally. As discussed above, the impacts on vegetation communities and fauna habitats will be minor and acceptable in the context of the extent of similar vegetation and habitats within the locality.

The factors identified above demonstrate that there is no real threat of serious environmental damage associated with the proposal. As such, given that the first condition precedent for the precautionary principle is not satisfied then there is no basis for the precautionary principle to operate.

However, in relation to the second principle, there is no “considerable scientific uncertainty as to the extent of any potential environmental damage associated with the proposal”. There is no reasonable basis to envisage a scenario whereby the proposal comprises a threat of serious or irreversible damage. In any case, as demonstrated above, there is ample empirical evidence, both locally and on a wider scale, demonstrating that modest, appropriately designed developments of the type proposed, do not pose a threat of serious or irreversible damage to the environment.

Notwithstanding these conclusions, as a precautionary measure the impacts of the proposal will be offset by the tree and shrub planting and other recovery efforts planned to offset the impacts of the proposal on the Lowland Grassy Woodland, fauna habitats and connectivity.

The principles of equity: the need for inter-genera tional equity and the need for intra-generational equity.


The proposal is very modest in scale and has incorporated a range of mitigating measures to minimise potential impacts on the environment. As such, there is no threat of serious environmental damage. As such it is equitable between and within generations.

The proposal will not jeopardise the health, diversity and productivity of the environment. By incorporating mitigating measures and offsets into the proposal design these values will be enhanced over time for the benefit of future generations. For instance, whilst the proposal will have short tem



impacts on habitat connectivity, the proposed plantings along Wanatta Lane will improve connectivity within the locality in the medium to long-term.

Similarly, the proposal will not compromise the ability of other members of this generation to benefit from the natural resources and healthy environment which exist in the locality. This is the case given the very modest scale of the proposal and given it has incorporated a range of mitigating measures to minimise potential impacts on the environment

Conservation of biological diversity and ecological integrity


The proposal is very modest in scale and has incorporated a range of mitigating measures to minimise potential impacts on the environment. The proposal will not impact adversely on biological diversity or on ecological integrity as it will not affect genetic diversity, species diversity or ecosystem diversity.

Genetic Diversity : The proposal is too small to affect genetic diversity by inhibiting the ability of species to traverse the study area or to access habitats within the locality. Even species that are relatively immobile will continue to be able to access habitats adjoining the proposed area of impact. In addition, the area to be affected by the proposal is too small to support any unique genetic diversity that is not present elsewhere in adjoining habitats.

Species Diversity : The proposal is too small to support any unique species diversity that is not present elsewhere in adjoining habitats. As such it will not reduce species diversity.

Ecosystem Diversity : The proposal will affect a single native vegetation community or ecosystem. This vegetation community, despite being listed as and endangered ecological community, is still relatively widespread on adjoining lands within the locality. As such it will not reduce ecosystem diversity.

Internalisation of environmental costs

The proposal has been designed to minimise environmental costs. This is a key objective of the modern planning and development assessment process in NSW. As such, the environmental costs associated with the proposal, such as the minimisation of impacts on flora and fauna, the protection of the vegetation to be retained beyond the proposed development, and the proposed offsetting measures, have all been incorporated into the proposal design, and will be born by BVSC.

Summary

Given the demonstrated compliance with the accepted principles of ecologically sustainable development as identified above, it is considered that the proposal is in the public interest in relation the principles of ecologically sustainable development.



5 Consideration of Alternatives Three alternatives in regard to the proposal have been considered.

Alternative 1: The first alternative is to do nothing and use the existing gravel road to access the proposed tip. Although this would retain the vegetation and trees in their existing state, the current road deficiencies prevent two opposing vehicles passing safely at speed and reduce visibility at bends and crests. The current road surface does not provide all weather vehicle access. This option is thus not suitable for refuse trucks accessing the proposed CWF and potentially more dangerous for all road users.

Alternative 2: The second alternative is to use a different access road. Entry to the CWF site along Wanatta Lane from the west would require diversion through a much larger residential area south of Greendale Lane and along the Candelo - Wolumla Road. This option would thus potentially result in significantly greater environmental impacts associated with the requirement to widen and seal the western section of Wanatta Lane, since any access road to the CWF would still need to meet the minimum road building standards. The costs associated with this alternate access road would be significantly more than the preferred option and it does not reduce the potential inconveniences and risks to the local community associated with the maintenance and upgrading of the CWF access road. Thus in pragmatic terms, no feasible alternate roads currently exist.

Alternative 3: The third alternative is to construct the access road on an alternative alignment south of the Wanatta Lane road reserve through the grazing pastures. Whilst this alternative avoids the removal of the large trees on the northern alignment of Wanatta Lane, the road relocation would require the purchase of private land, the complete redesigning of road engineering plans, and the closing and rehabilitation of the existing gravel road of Wanatta Lane at significant additional costs. Bega Valley Shire Council advise that there are engineering and road design constraints that discount alternative road alignments or containing the upgrade in the existing road alignment These alternatives also have the potential to require significantly more excavation work since an alignment downslope from the natural flat ridgeline of the current Wanatta Lane road reserve, would require more extensive excavations.

In summary the assessment of alternatives indicates that the advantages from the alternatives to the proposal are negligible and more than offset by the associated disadvantages.



Overall, it is considered that the proposal assessed in detail by this REF, is the most effective alternative as it:

• Increases the road width, improves the road surface and realigns the configuration to widen curves thus enabling two oncoming vehicles to pass at speed and increase the distance of visibility at the bends and crests.

• Provides access in all weather conditions for all the types and amounts of vehicles anticipated in association with the proposed CWF.

• Satisfies road design standards, and is engineered to take advantage of the natural ridgeline and limit the impacts to the environment, likely reducing the need for costly repairs and maintenance of the road in the future.

• Has minor short term noise and traffic impacts and is expected to improve traffic and community safety in the long run.

• Is unlikely to have any noticeable impacts on water quality.

• Is unlikely to have significant adverse impacts on flora and fauna.

• Is unlikely to have significant adverse impacts on heritage items.

• Is likely to improve habitat connectivity over the long term.

• Is likely to be less costly than the potential alternatives.



6 Summary of Mitigation Measures Table 1 summarises the mitigation measures that have been incorporated into the proposal to mitigate against adverse environmental impacts.

Table 1: Summary of Mitigation Measures

SECTION ENVIRONMENTAL FACTOR MITIGATION MEASURES

4.1 Air • Given negligible potential impacts no mitigation measures are considered necessary.

4.2 Water • All proposed works are to be undertaken in accordance with a CEMP specific to the road upgrade and is to include sediment control measures, which are to be implemented before work commences.

• Install temporary erosion, sediment and necessary water pollution source control measures at the drainage depressions to mitigate impacts.

• Construct road using appropriate transverse drainage structures as per the proposed design.

• Works will not be scheduled when heavy rainfall is forecast

• No works involving soil disturbance shall take place during heavy rainfall periods, other than work necessary to stabilise the site.

• General solid waste is to be collected in appropriate bins and disposed of at the Merimbula Recycling and Waste Depot.

• On site portable toilets are to be maintained and the waste from them is to be collected and properly disposed of by a licensed contractor.

• Minimize the disturbance to groundcover vegetation within the study area outside of the proposed road footprint

• Disturbed soil areas would be rehabilitated by respreading dead accumulated or cleared vegetation where possible.

• Any fuel, other petrochemicals or potentially polluting fluids must be stored within a bunded area during the proposed road upgrade.

4.3 Energy and Climate Change • Vehicles and machinery should be kept in good working order and used in an efficient manner




4.4 Flora • The impacts on the Lowland Grassy Woodland EEC will be offset by the rehabilitation and recovery efforts proposed along the eastern boundary and around the CWF site (see Figure 4 in AECOM 2009) and also within the large woodland remnant in the south-western parts of the site.

• Local provenance trees characteristic of the Lowland Grassy Woodland will be planted on either side of the upgraded Wanatta Lane and in any areas where there are currently gaps in canopy connectivity.

• Trees within the study area and vicinity that are to be removed will be marked with bright flagging tape and temporary fencing where necessary to ensure that these trees are appropriately protected during the construction phase of the proposal.

• The limits of the construction site will be clearly marked (for example, using temporary fencing) to ensure site disturbance occurs only within the designated works areas and is not unnecessarily extended i.e. into the Lowland Grassy Woodland that occurs to the north of the study area.

• An induction plan for workers will be developed and implemented to inform them of appropriate safeguards to limit impacts on vegetation to be retained within or beyond the limit of the proposed works.

• Tree will be removed so as to limit and or avoid damage to vegetation to be retained and particularly hollow-bearing trees.

• Tree and vegetation removal will be conducted by experienced operators only.

4.5 Fauna • Planting local provenance trees characteristic of the Lowland Grassy Woodland on either side of the upgraded Wanatta Lane and in areas where there are gaps in canopy connectivity.

• Undertaking the rehabilitation and recovery efforts proposed along the eastern boundary and around the CWF site (see Figure 4 in AECOM 2009) and also within the large woodland remnant in the south-western parts of the site.

• Clearly marking the trees within the study area that are to be retained with bright flagging tape and temporary fencing to ensure that these trees are protected from damage.

• Clearly marking/delineating the activity areas at all sites (for example, using temporary fencing) to ensure site disturbance occurs only within the designated works areas and is not unnecessarily extended.

• Implementing safeguards to minimize the risk of water quality impacts as identified in Section 4.2.1.

• Developing an induction plan for workers to inform them of appropriate safeguards to limit impacts on vegetation and trees to be retained.

• Ensuring that tree and vegetation removal is conducted by experienced operators only.

• Undertaking hollow-bearing tree removal during the winter to reduce the impacts during the breeding season for most fauna species.

• Dismantle large trees in sections and/or use a machine with a grab implement to lower the trunk and limbs to the ground to reduce the chance of mortality on any resident fauna.

• A licensed fauna handler/caretaker will be present during the removal of the large or hollow bearing trees to inspect all parts of these trees after felling to see if previously non-visible hollows are present and to recover any




fauna disturbed or injured as a result of these activities.

• Cease work immediately in the vicinity until further consideration if any threatened fauna species are encountered during the proposed works. A DECCW officer is to be consulted so protection measures can be applied as required.

• Large trees requiring felling will be left in sections within an appropriate area on adjacent Council owned land for wildlife habitat.

4.6 Cultural Heritage • Disturbances associated with the proposal will be limited entirely to the disturbed areas with the study area.

• If any Aboriginal or European heritage sites are discovered during the proposed works, they will be reported to the Zone Archaeologist of DECCW, the Bega LALC and the Heritage Council as required. Works will cease in the vicinity of the item pending their consideration. The sites will be assessed for significance, and protection measures will be instituted if required.

4.7 Impacts to Community Safety • Ensure that the proposal includes a best practice traffic management plan to ensure traffic on the Princes Highway is safely managed during the implementation of the proposal.

• Ensure all workers adhere to OH&S standards and provide workers compensation insurance.

4.8 Noise and Traffic • Noise will be controlled by legislative devices specified in the Environmental Protection Authority’s “Environmental Noise Control Manual”.

• Construction will be undertaken during specified hours (Monday to Friday between 7 am and 6 pm and on Saturdays from 8 am to 1 pm, and not on Sundays or public holidays) and for the duration of approximately 9 weeks.

• Traffic movements associated with the proposal will be kept to the minimum necessary to efficiently and safely implement the proposal.

• Ensure that a best practice Traffic Management Plan is prepared prior to the proposal activities commencing to ensure that all proposal related and public traffic on Wanatta Lane and at the junction with the Princes Highway is safely managed and that residents with local properties continue to have road access during the implementation of the proposal.

4.9 Visual Impacts • Minimise visual impacts by maintaining tidy work practices, re-spreading cleared vegetation, and stabilising / revegetating areas of bare earth.

• Wherever possible, retain trees on the southern side of the road alignment and implement a program of planting trees in the gaps along the southern corridor.



7 Conclusion This Environmental Assessment has identified and assessed the potential impacts of the proposal to widen and upgrade Wanatta Lane in association with the proposed Bega Valley CWF and Wolumla.

After consideration of the outcomes of the field investigations and analyses undertaken for this report, it is concluded that the identified impacts of the proposal will not have a significant adverse impact on the environment, provided that the mitigation measures set out in Section 6 are adopted, and the proposal is implemented as described in Section 1.2.



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