Royalla Solar PV generation facility...Change Energy and Water), has stated on the ESDD website that the solar auction will: Application for s211 Exemption Consideration Report 4 Royalla

R

A

Royal

Artist

lla 1

ts Imp

- Sol

press

lar PV

sion

V Geeneraatingg Faciility

MARCH 2013

Royalla Solar PV Generating Facility Application for s211 Exemption Consideration Report

This report evaluates the application for an exemption under section 211 of the Planning and

Development Act 2007, from requiring a completed Environmental Impact Statement for the Royalla

Solar PV Generating Facility

Ref no: 201300018

Date lodged: 29/01/2013

Project: Royalla Solar PV Generating Facility

Street no. and name: Monaro Highway, Tuggeranong, ACT

Applicant: CBRE for FRV Royalla Solar Farm Pty Ltd

The following information provides the certificate of approval for issue of this report.

Document no: A7957939

Revision: 0.1

Document status: FINAL

Date of issue: 12/03/2013

Position Name Signature Date

Reviewed by Technical

Coordinator

Jonathan

Te ifl't Reviewed by Executive Director Corrigan

-,Trytst 1 Teaske

1 ',,

Approved by A/g Chief Planning

Executive

Ben Ponton

14.3.2013

Application for s211 Exemption Consideration Report

Royalla Solar PV Generating Facility

Version: 0.1

FINAL — March 2013

Application for s211 Exemption Consideration Report ii Royalla Solar PV Generating Facility Version: 0.1 FINAL – March 2013

Table of Contents

Application for s211 Exemption Consideration Report – Royalla Solar PV Generating Facility .............. i

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

1.1. Project ................................................................................................................................. 1

1.2. Proponent ........................................................................................................................... 3

1.3. Background ......................................................................................................................... 3

1.4. Public consultation .............................................................................................................. 4

2. Environmental impact assessment ............................................................................................. 7

2.1. Impact track ........................................................................................................................ 7

2.1.1. Impact track triggers ....................................................................................................... 7

2.2. s211 Process ........................................................................................................................ 8

2.3. s211 requirements under the Planning and Development Regulation 2008 ..................... 9

2.4. The s211 application ......................................................................................................... 10

2.5. Entity referral .................................................................................................................... 11

3. Matters of National Environmental Significance ...................................................................... 13

3.1. EPBC referral ..................................................................................................................... 13

4. Evaluation of information - Schedule 4 items ........................................................................... 15

4.1. Item 1 Part 4.3 Schedule 4 – impacts on species or ecological communities .................. 15

4.2. Item 2 Part 4.3 Schedule 4 – clearing of native vegetation .............................................. 20

4.3. Item 3 Part 4.3 Schedule 4 – development on land reserved under s315 ....................... 24

5. Other potential environmental impacts ................................................................................... 29

5.1. Aboriginal cultural heritage .............................................................................................. 29

5.2. Landscape and Visual Impact ............................................................................................ 30

5.3. Soils and Geology .............................................................................................................. 30

5.4. Traffic ................................................................................................................................ 31

5.5. Water quality, hydrology and stormwater ....................................................................... 31

5.6. Air quality .......................................................................................................................... 32

5.7. Health – contamination and public safety ........................................................................ 32

6. Development application considerations ................................................................................. 35

7. Conclusion ................................................................................................................................. 39

8. Bibliography .............................................................................................................................. 40

Appendix 1 – Referral Entity Comments ........................................................................................... 41

Appendix 2 – EPBC Act – Referral Decision (EPBC 2012/6431) ........................................................ 47

Application for s211 Exemption Consideration Report iii Royalla Solar PV Generating Facility Version: 0.1 FINAL – March 2013

Figures Figure 1 - Map/aerial photo/drawing ..................................................................................................... 2 Figure 2 - The s211 process ..................................................................................................................... 9

Tables Table 1 - Legal land description and tenancy ......................................................................................... 3 Table 2 - Summary of public consultation .............................................................................................. 5 Table 3 - EIS triggers per Schedule 4 of the Act ...................................................................................... 7 Table 4 - Assessment of supporting information - Item 1, Part 4.3, Schedule 4 .................................. 15 Table 5 - Mitigation measures - species and ecological communities.................................................. 17 Table 6 - Assessment of supporting information - Item 2, Part 4.3, Schedule 4 .................................. 20 Table 7 - Mitigation measures – native vegetation .............................................................................. 22 Table 8 - Assessment of supporting information - Item 3, Part 4.3, Schedule 4 .................................. 24 Table 9 - Mitigation measures - land reserved under s315 of the Act ................................................. 25 Table 10 - Development application considerations ............................................................................ 36 Table 11 - Referral entity comments and assessment notes ................................................................ 42

Glossary and definitions

ACT Australian Capital Territory

APZ Asset Protection Zone

Box-Gum woodland

White Box – Yellow Box – Blakely’s Red Gum grassy Woodland and Derived Native Grassland

Conservator ACT Conservator of Flora and Fauna

DA development application

DCP Development Control Plan

EIA environmental impact assessment: the process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals before major decisions and commitments are made1.

EIS environmental impact statement: a document prepared to detail the expected environmental, social and economic effects of a development, and state commitments to avoid, mitigate or satisfactorily control and

1 International Association for Impact Assessment in cooperation with Institute of Environmental Assessment, UK, ‘Principles of Environmental Impact Assessment Best Practice’, <http://www.iaia.org/modx/assets/files/Principles%20of%20IA_web.pdf>, viewed on 2 June 2009.

Application for s211 Exemption Consideration Report iv Royalla Solar PV Generating Facility Version: 0.1 FINAL – March 2013

manage any potential adverse impacts of the development on the environment2. In the ACT, an EIS is required for proposals in the impact track as per Section 123 of the Planning and Development Act 2007.

EPA Environment Protection Authority within ESDD

EPBC Act Environment Protection and Biodiversity Conservation Act 1999

ESA Emergency Services Agency

ESDD Environment and Sustainable Development Directorate

ESO Environmental Significance Opinion

FRV FRV Royalla Solar Farm Pty Ltd (the proponent)

kV kilovolt

MNES matters of National Environmental Significance

MWac megawatt alternating current

NC Act Nature Conservation Act 1980

NCA National Capital Authority

PTWL Aprasia parapulchella – Pink-tailed Worm Lizard

PV photovoltaic

SEWPAC Australian Government Department of Sustainability, Environment, Water, Population and Communities

s211 Section 211 of the Planning and Development Act 2007

TAMSD Territory and Municipal Services Directorate

the Act Planning and Development Act 2007

the Authority planning and land authority within ESDD

the Solar Farm Royalla Solar PV Generating Facility

2 Ceduna Marina Development Company, 2004, ‘Guidelines for the preparation of an Environmental Impact Statement’, <http://dataserver.planning.sa.gov.au/publications/1017p.pdf>, viewed on 5 June 2009

Application for s211 Exemption Consideration Report v Royalla Solar PV Generating Facility Version: 0.1 FINAL – March 2013

This page has been left intentionally blank.

Application for s211 Exemption Consideration Report 1 Royalla Solar PV Generating Facility Version: 0.1 FINAL – March 2013

Introduction This report is to the ACT Minister for Environment and Sustainable Development on the assessment of the request for exemption from requiring a completed Environmental Impact Statement for the Royalla Solar PV Generating Facility (the Solar Farm). The application for exemption is made by FRV Royalla Solar Farm Pty Ltd (FRV) under section 211 (s211) of the Planning and Development Act 2007 (the Act).

FRV has prepared an application identifying potential impacts of the proposed development and providing information supporting its request for Ministerial exemption under s211.

1.1. Project This section gives an overview of the Solar Farm including its location, background and other alternatives to the project. This section also outlines any public consultation undertaken by FRV for the Solar Farm.

The s211 exemption application describes the actions associated with the proposal as:

• ‘the construction, operation and decommissioning of a 20MWac photovoltaic array plus the associated connections to the ACT power grid and other ancillary infrastructure

• The connection to the grid will consist of new underground 11kV lines...that connects the site to the nearby Theodore Sub-Station.’3

1.1.1. Project location The Solar Farm s211 exemption request relates to land South of Canberra City in the District of Tuggeranong of the Australian Capital Territory. The land fronts onto the Monaro Highway and is bounded to the West by the Rob Roy Nature Reserve.

The solar array is proposed to be sited on Block 1633 Tuggeranong. An 11kilovolt (kV) cable is proposed to cross multiple blocks following the existing 132kV power line easement and connecting to the Theodore sub-station.

Refer to the Location Plan at Figure 1.

3 Pg 5 - Royalla 1 Solar PV Generating Facility, Ecological Due Diligence Assessment, Prepared for CBRE on behalf of FRV, Biosis Research Pty Ltd, June 2012


Figure 1 – Location Plan (Source: CBRE, 2013, Appendix A)


1.1.2. Legal land description and tenancy The proposed Solar Farm will directly affect nine blocks. Table 1 shows the legal land description for each block affected by the Solar Farm and the details of tenancy type and tenant.

Table 1 - Legal land description and tenancy

Block Section District Tenancy Tenant

Directly affected lands

1633 N/A Tuggeranong Leased Territory Land Private Lessee


1634 N/A Tuggeranong Unleased Territory Land Custodian - TAMSD


13 117 Conder Leased Territory Land Private Lessee

14 117 Conder Unleased Territory Land Custodian - TAMSD

4 683 Theodore Unleased Territory Land Custodian - TAMSD

10 682 Theodore Unleased Territory Land Private Lessee

12 682 Theodore Unleased Territory Land Custodian - TAMSD

Neighbouring lands or Indirectly affected lands

N/A N/A Monaro Highway Designated Land – road reserve

Custodian - TAMSD




1.2. Proponent FRV Royalla Solar Farm Pty Ltd is the proponent for this s211 exemption application.

1.3. Background The ACT Government undertook a reverse auction process calling for solar developments of up to 40 megawatts (MW) of large-scale solar generation capacity in the ACT. FRV was the sole successful applicant in the fast-track stream of the solar auction for a grant of a Feed-in Tariff entitlement for a 20MW proposal.

The environment section within ESDD (formally the ACT Department of Environment, Climate Change Energy and Water), has stated on the ESDD website that the solar auction will:


• significantly contribute to the Territory’s greenhouse gas abatement targets, reducing the ACT’s emissions by 1,120,000 tonnes over 20 years;

• leverage economies of scale and location, provide financial security for developers and reduce solar energy costs; and

• enhance the clean energy industry in the ACT.

On 22 February 2013 an Environmental Significance Opinion (ESO) was granted by the Conservator of Flora and Fauna for geotechnical investigation works to inform the alignment of the underground electricity grid connection for the proposed Solar Farm. An ESO was requested by FRV as the geotechnical investigation works will partially occur on land reserved under s315 of the Act for the purpose of wilderness area, national park, nature reserve or special purpose reserve. The Conservator granted the ESO for geotechnical investigation works to inform the alignment of the underground electricity grid connection for the proposed Solar Farm as the proposal is not likely to have a significant adverse environmental impact on land reserved under s315 of the Act.

1.4. Public consultation CBRE (2012, page 62-63) state that FRV undertook public consultation including provision of information at public meetings and events. Flyers were distributed to letter boxes in Royalla, New South Wales, on 21 December 2012 and a web site has been established providing details about the project, FRV and opportunities for feedback.

In addition to the public consultation undertaken by FRV the following provides detail about information available to the public regarding the proposal

• The ESDD’s website (http://www.environment.act.gov.au/energy/solar_auction) includes information about the solar auction.

• The National Capital Authority’s (NCA) release of Draft Development Control Plan (DCP) 12/08 announced the request for establishment of a DCP for Block 1633 Tuggeranong as a possible location for large-scale solar energy generation. The consultation of the draft DCP resulted in information about the site being available from 10 August 2012 to 21 September 2012 on NCA’s website. A public information session about the Draft DCP 12/08 was held at the NCA offices on 23 August 2013. All comments raised were considered by the NCA prior to the decision on DCP 12/08 being made.

• The environmental report and some supporting information for the project has been publically exposed during the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) referral. The consultation related to the EPBC Act referral documentation and resulted in the information being available for public comment, from 15 June 2012 for 10 business days, on the Australian Government Department of Sustainability, Environment, Water, Population and Communities (SEWPAC) website. The reports listed in Table 2 continue to be available for viewing on the SEWPAC website.

Table 2 provides a summary of the information that was made available during a public consultation process, including the length of time.

http://www.environment.act.gov.au/energy/solar_auction


Table 2 - Summary of public consultation

Title of report Public consultation method

Number of days available for comment

Royalla 1 Solar PV Generating Facility, Ecological Due Diligence Assessment, Prepared for CBRE on behalf of FRV, Biosis Research Pty Ltd, June 2012.

Information available on SEWPAC website

10 business days

Bushfire Risk Assessment Report Royalla 1 Solar PV Power Generating Facility, Block 1633 Tuggeranong, Australian Capital Territory, Prepared for FRV Services Australia Pty Ltd, Australian Bushfire Protection Planners Pty Limited, November 2012.


10 business days

Royalla 1 Solar PV Generating Facility Heritage Investigations and Management Plan, Cultural Heritage Management Australia, May 2012.


10 business days




2. Environmental impact assessment Environmental impact assessment is a process for identifying, predicting, planning for and managing the physical, ecological, economic and social impacts of development proposals prior to approval being considered.

2.1. Impact track A development proposal which requires development approval is in the impact track if the development is of a type mentioned in Section 123 of the Act. Section 123 states that the impact track applies to a development if

• the relevant development table states that the impact track applies; • the proposal is of a kind mentioned in schedule 4 of the Act; • the Minister makes a declaration under section 124; • section 125 or section 132 applies to the proposal; or • the Commonwealth Minister responsible for the Environment Protection and Biodiversity

Conservation Act 1999 (the EPBC Act) advises the Minister in writing that the development is a controlled action under the EPBC Act, section 76.

2.1.1. Impact track triggers The Solar Farm is in the impact track as the proposal is of a kind mentioned in Schedule 4 of the Act. The development proposes three ‘area or process’ EIS triggers from Schedule 4 of the Act as described in Table 3.

Table 3 - EIS triggers per Schedule 4 of the Act

Item Number Description Project Component Part 4.3, item 1 proposal that is likely to have a significant

adverse environmental impact on 1 or more of the following, unless the conservator of flora and fauna produces an environmental significance opinion that the proposal is not likely to have a significant adverse environmental impact: (a) a species or ecological community that is

endangered; (b) a species that is vulnerable; (c) a species that is protected; (d) a species with special protection status; (e) a species or ecological community if a

threatening process has been declared under the Nature Conservation Act 1980, s38 (4) in relation to the species or community;

(f) a species or ecological community if the flora and fauna committee has stated criteria for assessing whether the committee should recommend the making of a declaration under the Nature Conservation Act 1980, s 38 (Declaration

The 11kV lines and Asset Protection Zones


of species, community or process) in relation to the species or community;

Note Criteria are specified under the Nature Conservation Act 1980, s 35. An instrument under that Act, s 35 is a disallowable instrument and must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(g) an endangered species, an endangered population, an endangered ecological community, a critically endangered species, a critically endangered ecological community or species presumed extinct under the Threatened Species Conservation Act 1995 (NSW), if the potential impact of the proposal will be on the species or community in New South Wales.

Part 4.3, Item 2 proposal involving— (a) the clearing of more than 0.5ha of native

vegetation other than on land that is designated as a future urban area under the territory plan unless the conservator of flora and fauna produces an environmental significance opinion that the clearing is not likely to have a significant adverse environmental impact; or

(b) the clearing of more than 5.0ha of native vegetation on land that is designated as a future urban area under the territory plan unless the conservator of flora and fauna produces an environmental significance opinion that the clearing is not likely to have a significant adverse environmental impact.

The entire proposal from site set up including clearing and earthworks through to construction and end use including on-going bushfire management.

Part 4.3, Item 3 proposal for development on land reserved under s 315 for the purpose of a wilderness area, national park, nature reserve or special purpose reserve, unless the conservator of flora and fauna produces an environmental significance opinion that the proposal is not likely to have a significant adverse environmental impact.

The 11kV lines and Asset Protection Zones.

2.2. s211 Process A s211 report documents the information presented by the proponent to demonstrate that the environmental impacts of a project have been investigated and are fully understood. It informs both decision makers and the community of the likely impacts or the proposal. The s211 report should


also include measures, or reasonable alternatives that would avoid or minimise adverse impacts or enhance the quality of the environment.

A s211 exemption may be given for a proposal if the Minister is satisfied that the expected environmental impact of the development proposal has already been sufficiently addressed by another study, whether or not the study relates to the particular development proposal.

Prepare and lodge application for exemption (under s211)

ESDD assesses application for s211 exemption

The Minister may:Grant the proposal an exemption

Refuse to grant the project an exemption

Proponent prepares a Development Application under impact track

Legend

The planning and land authority -

ESDD

Proponent

If studies have been completed which demonstrate that the environmental impacts

of the development have been sufficiently addressed – the Proponent may apply for an

exemption from the requirement to completed an EIS (s211).

Unsatisfactory application is rejected and proponent advised to undertake

an EIS

ESDD prepares a report for consideration by the Minister

Exemption granted

Proposed development is in the impact track under s123 of the P&D Act

Notes:• Proponent is strongly advised to seek advice from ESDD before submitting an application• ESDD may seek advice from relevant agencies to inform it’s assessment of the application• The exemption and report are a Notifiable Instrument which is placed on the legislation register and valid for 18 months from

the date of notification

Figure 2 - The s211 process

2.3. s211 requirements under the Planning and Development Regulation 2008 Section 211 of the Act requires the Minister to take into account prescribed criteria in deciding whether the environmental impact of the development proposal has been sufficiently addressed by


the submitted studies in deciding whether to grant an exemption from requiring a completed EIS. Section 50A of the Planning and Development Regulation 2008 prescribes the following criteria that the Minister must consider:

(a) whether the study was conducted by an appropriately qualified person with relevant expertise and experience in relation to the environmental values of the land in the proposal;

(b) if the study does not relate directly to the proposal—whether there is sufficient detail to allow assessment of the environmental impacts likely to occur if the proposal proceeds;

(c) whether the part of the study relevant to the proposal required public consultation through a statutory process or as part of a government policy development;

(d) that the study is not more than 5 years old; (e) if the study is more than 18 months old—that an appropriately qualified person with no

current professional relationship with the proponent verifies that the information in the study is current.

For each impact track trigger of the proposal an assessment of the supporting information will be made against the criteria above in the corresponding sub-sections under section 4 of this report.

2.4. The s211 application The request for an s211 exemption was submitted by CBRE on behalf of FRV to the planning and land authority (the Authority), within the Environment and Sustainable Development Directorate (ESDD) on 29 January 2013. In accordance with the requirements of Application for exemption from EIS (s211) - Form 1M, the application contained the following information to inform the assessment of the application:

• Royalla Solar PV Generating Facility s211 EIS Exemption Application, A report prepared for FRV Services Australia, CBRE (V) Pty Ltd, January 2013

• Bushfire Risk Assessment Report Royalla 1 Solar PV Power Generating Facility, Block 1633 Tuggeranong, Australian Capital Territory, Prepared for FRV Services Australia Pty Ltd, Australian Bushfire Protection Planners Pty Limited, November 2012

• Royalla 1 Solar PV Generating Facility, Ecological Due Diligence Assessment, Prepared for CBRE on behalf of FRV, Biosis Research Pty Ltd, June 2012

• Letters: Royalla 1 Solar Power Generating Facility – Targeted surveys along proposed underground power cable route, Biosis Pty Ltd, November 2012, and, Royalla 1 Solar PV Generating Facility, ACT (EPBC 2012/6431), SEWPAC, November 2012

• Royalla 1 Solar PV Generating Facility Heritage Investigations and Management Plan, Cultural Heritage Management Australia, May 2012

• Phase 1 Environmental Site Assessment Part Block 1633, Tuggeranong ACT, Robson Environmental Pty Ltd, August 2012

• Geotechnical Investigation, Fotowatio Renewable Ventures Pty Ltd, Proposed Royalla Solar Farm, Coffey Geotechnics Pty Ltd, June 2012

• Royalla Solar PV Generating Facility, Visual Assessment Report, Enviro Links Design Pty Ltd, January 2013

• Letter: Royalla Solar Farm Engineering Advice, Brown Consulting (ACT) Pty Ltd, November 2012

• Referral Decision (EPBC 2012/6431), SEWPAC, August 2012


2.5. Entity referral The Act does not require mandatory referral of an application for s211 exemption to entities. The Authority may however seek advice from entities on more specific subject matter. For the Royalla Solar PV Generating Facility the Authority referred the application to the following entities:

• Conservator of Flora and Fauna (the Conservator) • Environment Protection Authority (EPA) • ACT Heritage Council • Emergency Services Agency (ESA) • National Capital Authority (NCA) • ACT Health • Utilities Technical Regulator, ESDD • ActewAGL – water and sewer, electrical networks and Jemena gas networks • Territory and Municipal Services Directorate (TAMSD)

The comments of each agency are included in the section 4 of this report as they relate to each trigger, section 5 for potential impacts, with their full comments provided at Appendix 1 – Referral Entity Comments. Any Development Application conditions recommended by a referral entity have been included in section 6.




3. Matters of National Environmental Significance Under the EPBC Act a person must not take an action that has, will have, or is likely to have a significant impact on any matters of National Environmental Significance (MNES) without approval from the Australian Government Minister for Sustainability, Environment, Water, Population and Communities. The key MNES associated with this s211 exemption application are listed threatened species and communities including:

• White Box – Yellow Box – Blakely’s Red Gum grassy Woodland and Derived Native Grassland (Box-Gum woodland)

• Aprasia parapulchella – Pink-tailed Worm Lizard (PTWL) • Swainsona recta – Small Purple Pea • Rutidosis leptorrhynchoides – Button Wrinklewort

3.1. EPBC referral On 15 June 2012, FRV Royalla Solar Farm Pty Ltd referred a proposal to construct, operate and decommission a 40MWac photovoltaic Array and ancillary infrastructure to the Australian Government Minister for Sustainability, Environment, Water, Population and Communities as required under the EPBC Act. Under the EPBC Act there are four possible outcomes of an assessment of a proposed development, they are that the project is:

• a controlled action – action is subject to the assessment and approval process under the EPBC Act

• not a controlled action ‘particular manner’ – approval is not required if the action is taken in accordance with the manner specified

• not a controlled action – approval is not required if the action is taken in accordance with the referral

• clearly unacceptable.

The Referral Decision (EPBC 2012/6431) made on 10 August 2012 stated that the proposal was ‘not a controlled action if undertaken in a particular manner’. Approval is not required if the action is undertaken in accordance with the manner specified in the decision.

The project referred to SEWPAC was for a 40MW solar farm. The section 211 application is for a 20MW solar farm. If FRV wishes to expand its solar farm in the future, it will again need to meet the requirements of the Act, Territory Plan and National Capital Plan.




4. Evaluation of information - Schedule 4 items This section summarises the impacts of the development on relevant items from Schedule 4 of the Act. For each item the supporting studies, investigations or reports and the comments of referral entities are listed along with any recommended mitigation measures. A conclusion is made on whether or not the information satisfies the requirements of s211 of the Act.

4.1. Item 1 Part 4.3 Schedule 4 – impacts on species or ecological communities The Solar Farm will impact on PTWL and Box-Gum woodland through permanent clearing and disturbance of vegetation. Referral Decision, EPBC 2012/6431, provides measures to avoid or limit impacts on PTWL habitat and Box-Gum woodland within the development site.

A targeted survey was undertaken by FRV in accordance with the EPBC referral decision to determine the likelihood of existence of Small Purple Pea or Button Wrinklewort along the proposed 11kV cable route. No Small Purple Pea or Button Wrinklewort were identified in the survey area.

4.1.1. Impacts The identified activities associated with the proposed development which will potentially impact on a species or ecological community are

• Removal and/or disturb areas of Box-Gum woodland • Removal and/or disturb areas of PTWL habitat • Habitat fragmentation • Introducing or encouraging the presence of invasive flora or fauna

4.1.2. Previous Studies and Investigation FRV has submitted two studies which address impacts on species and ecological communities in support of the application for s211 exemption. The information submitted by FRV to support the application is listed and assessed for relevance in Table 4.

Table 4 - Assessment of supporting information - Item 1, Part 4.3, Schedule 4

Title of report Public consultation4

Age of report

Reviewed for currency5

Expert/Peer reviewed


Yes – EPBC Act Referral process

9 Months N/A Yes, by the Conservator of Flora and Fauna and SEWPAC




4 Has the report been made available as part of a public consultation process for comment for this or another project? 5Content of reports should be reviewed for currency if report is older than 18 months as environmental values may have changed.


For additional information on the public consultation undertaken by FRV refer to section 1.4 of this report.

4.1.3. Key findings The proposal has the potential to impact upon Box-Gum woodland identified as a threatened ecological community under the Nature Conservation Act 1980 (NC Act) and critically endangered under the EPBC Act.

The referral decision (EPBC 2012/6431) along with the mitigation measures outlined by the Conservator of Flora and Fauna will avoid, or limit the footprint of the development within, the areas identified as Box-Gum woodland and PTWL habitat.

In response to the EPBC Act referral decision, a targeted survey was undertaken to determine the likelihood of existence of threatened flora ‘Small Purple Pea’ or ‘Button Wrinklewort’ along the proposed 11kV cable route. The targeted survey resulted in the following

• “No Small Purple Pea or Button Wrinklewort were identified however the following threatened or rare flora species were recorded in the study area ...A single Hoary Sunray (Leucochrysum albicans var. Tricolor)(EPBC Act ‘endangered’ )...in the ACT the presence of a single Hoary Sunray plant would not be considered of significant importance to the conservation of the species”.6

Australian Bushfire Protection Planners discuss the ecological constraints on the provision of bushfire protection measures to the solar arrays and state that:

• ‘The provision of the recommended 300 metre wide Outer Asset Protection Zone to the north of the Solar Array will not extend into the Box Gum Grassy Woodland.

• The provision of the recommended 300 metre wide Outer Asset Protection Zone to the west and northwest of the Solar Array will extend into the Dry Shrubby Box Woodland vegetation community and into potential Pink Tailed Worm Lizard Habitat.’7

The project has the potential to impact upon a threatened species or ecological community, however, Biosis Research has stated in the conclusion of their Ecological Due Diligence Report that

• “Taking into account the planned position and type of the proposed development within the study area, the occurrence and distribution of the above described ecological constraints are not considered likely to impose a level of constraint that would preclude the proposal. A number of recommendations have been provided that if implemented will greatly reduce or mitigate the direct and indirect impacts of the proposal upon the significant ecological values identified within the study area.”8

6 Pg. 3, P. 5 - Letters: Royalla 1 Solar Power Generating Facility – Targeted surveys along proposed underground power cable route, Biosis Pty Ltd, November 2012 7 Pg 38, P. 4-5 - Bushfire Risk Assessment Report Royalla 1 Solar PV Power Generating Facility, Block 1633 Tuggeranong, Australian Capital Territory, Prepared for FRV Services Australia Pty Ltd, Australian Bushfire Protection Planners Pty Limited, November 2012. 8 Pg 38, P. 1 - Royalla 1 Solar PV Generating Facility, Ecological Due Diligence Assessment, Prepared for CBRE on behalf of FRV, Biosis Research Pty Ltd, June 2012


4.1.4. Entity referral and comments The Conservator of Flora and Fauna provided comment on the proposal which related to impacts on a species or ecological community. The comments are summarised below

• No more than 0.5 hectares of disturbance of native vegetation should result from laying the cable outside of the existing fire trail/maintenance track footprint within the nature reserve.

• That the proponent enters into a management agreement under the provisions of the NC Act. The agreement must require that

o rehabilitation works including the rectification of the fire trail be carried out; o all works must be completed according to the directions and to the satisfaction of

the Parks and Conservation Service; and o a bond be provided to Parks and Conservation Service, returnable once all

restoration and control works have been satisfactorily completed.

4.1.5. Recommended mitigation measures The recommended mitigation measures from the entity comments received and the reports submitted by FRV against the impacts of the development on species and ecological communities are included in Table 5.

Table 5 - Mitigation measures - species and ecological communities

Number Impact of development Mitigation Measure 1 Permanent removal and/or

disturbance of Box-Gum Woodland • Avoid Box-Gum Woodland by containing

disturbance within existing corridor of disturbance.

• Where disturbance is unavoidable undertake works in accordance with EPBC Act Referral Decision.


• The proponent shall enter into a management agreement under the provisions of the NC Act.

2 Permanent removal and/or disturbance of PTWL habitat

• Avoid PTWL habitat by containing disturbance within existing corridor of disturbance.




3 Land disturbance – unacceptable loss of vegetation and topsoil

• Minimise earthworks, revegetation of areas immediately following construction.


resources • Detailed design for control measures to meet SEWPAC and any other entity requirements including rehabilitation of disturbed areas.

4 Poor quality soils in disturbed areas lead to unacceptable erosion events

• Implementation of sediment and erosion control measures.

• Detailed design for control measures to meet SEWPAC and any other entity requirements including rehabilitation of disturbed areas.

5 Bushfire • The proponent shall enter into a management agreement under the provisions of the NC Act.

• Creation and management of inner and outer asset protection zones.

• Provision of access for fire fighting. • Construction standards for the facility. • Provision of emergency water supplies. • Provision of portable fire extinguishers. • Limitations on works on total fire ban days. • A Bushfire Action Plan detailing vegetation

management and APZ maintenance and fire-fighting access for the site is submitted for approval to ESA which complies with ACT Emergencies ACT 2004 and ACT Strategic Bushfire Management Plan version 2.

• Asset Protection Zones (APZs) should be contained within the facility site unless; an APZ establishment and maintenance agreement with the adjoining landholder has been approved by ESA/RFS.

6 Habitat fragmentation • Disturbance within the Nature reserve will be contained within existing corridor of disturbance.



7 Introducing or encouraging the presence of invasive flora or fauna


• Disturbance within the nature reserve will be contained within existing corridor of disturbance.


• The proponent shall enter into a management


agreement under the provisions of the NC Act. • Weed management initiatives will include:

o washing machinery upon arrival and departure

o active revegetation of disturbed areas o active monitoring of revegetation areas o provision of resources to controls weeds

should they arise.

4.1.6. Conclusion The two supporting studies and the comments of the Conservator of Flora and Fauna provide sufficient information on the impacts of the proposal on relevant species and ecological communities.

Further investigation and environmental assessment of the impacts of the proposal on these species and ecological communities is not required for this project. The recommended mitigation measures will be applied through conditions of approval in any subsequent development application.


4.2. Item 2 Part 4.3 Schedule 4 – clearing of native vegetation The majority of the study area contains native vegetation in the form of native grasses through to ecological communities, including Box Gum woodland.

The Solar Farm will involve the removal of up to 50 hectares (ha) of native vegetation. With the most part occurring on block 1633 Tuggeranong, the site of the proposed solar array. The s211 exemption application (CBRE, 2013, pg 57) states that the vast majority of native vegetation to be cleared has been subject to a long history of agricultural disturbance.

4.2.1. Impacts The identified activities associated with the proposed development which will potentially impact on native vegetation are:

• Clearing resulting in permanent removal of up to 50ha of native vegetation • Removal and/or disturb areas of Box-Gum woodland • Removal and/or disturb areas of PTWL habitat • Disturbance of vegetation introducing and encouraging invasive weed species • Inappropriate erosion and sediment control measures resulting in loss vegetation, soil loss

impacting on rehabilitation • Establishment and Management of Bushfire Asset Protection Zones

4.2.2. Previous Studies and Investigation FRV has submitted two studies which address impacts on species and ecological communities in support of the application for s211 exemption. The information submitted by FRV to support the application is listed and assessed for relevance in Table 6.


Title of report Public consultation9

Age of report

Reviewed for currency10











4.2.3. Key findings The proposal has the potential to impact upon native vegetation including Box –Gum woodland, Tablelands Dry Shrubby Box Woodland and native pasture.

Management of the proposed Bushfire Asset Protection Zones has the potential to impact on Tablelands Dry Shrubby Box Woodland and native pasture.

The proposed solar array and associated infrastructure will result in clearing and/or disturbance of up to 50ha of native pasture. The Ecological Due Diligence Report describes the quality of the native pasture as:

• The majority of the southern part of the study area has been subjected to sheep grazing for an extended period. In addition to the early clearance of almost all trees, this prolonged grazing has removed and prevented the reestablishment of all but the most disturbance-tolerant native grasses and forbs (i.e. Redgrass (Bothriochloa macra), Wallaby Grasses (Astrodanthonia spp.), Speargrasses (Austrostipa spp.), Hairy Panic (Panicum effusum) etc). The resulting ‘native pasture’ is a highly modified and floristically non-diverse vegetation type which retains almost none of the characteristics of the pre European ecological community. It is relevant to note however, that throughout the study area, the proportion of the native pasture comprised of native species is quite consistently above 50%.11

Australian Bushfire Protection Planners discuss the ecological constraints on the provision of bushfire protection measures to the solar arrays and state that:

• ‘The provision of the recommended 300 metre wide Outer Asset Protection Zone to the north of the Solar Array will not extend into the Box Gum Grassy Woodland.

• The provision of the recommended 300 metre wide Outer Asset Protection Zone to the west and northwest of the Solar Array will extend into the Dry Shrubby Box Woodland vegetation community and into potential Pink Tailed Worm Lizard Habitat.’12

The referral decision (EPBC 2012/6431) along with the mitigation measures outlined by the Conservator of Flora and Fauna will avoid, or limit the footprint of the development within, the areas identified as Box-Gum woodland and PTWL habitat.

11 Pg 12, P. 2 - Royalla 1 Solar PV Generating Facility, Ecological Due Diligence Assessment, Prepared for CBRE on behalf of FRV, Biosis Research Pty Ltd, June 2012 12 Pg 38, P. 4-5 - Bushfire Risk Assessment Report Royalla 1 Solar PV Power Generating Facility, Block 1633 Tuggeranong, Australian Capital Territory, Prepared for FRV Services Australia Pty Ltd, Australian Bushfire Protection Planners Pty Limited, November 2012.


4.2.4. Entity referral and comments The Conservator of Flora and Fauna provided comment on the proposal which related to impacts on native vegetation. The comments are summarised below


• That the proponent enters into a management agreement under the provisions of the NC Act. The agreement must require that

o Rehabilitation works including the rectification of the fire trail be carried out; o All works must be completed according to the directions and to the satisfaction of

the Parks and Conservation Service; and o A bond be provided to Parks and Conservation Service, returnable once all


4.2.5. Recommended mitigation measures The recommended mitigation measures from the entity comments received and the reports submitted by FRV against the impacts of the development on native vegetation are included in Table 7.

Table 7 - Mitigation measures – native vegetation

Number Impact of development Mitigation Measure 1 Permanent clearing and/or

disturbance of native vegetation (including potential impacts to Box-Gum Woodland or PTWL habitat)

• Containing disturbance within existing corridor of disturbance.






• Weed management initiatives will include: o washing machinery upon arrival and

departure o active revegetation of disturbed areas o active monitoring of revegetation areas o provision of resources to controls weeds

should they arise. 3 Bushfire • The proponent shall enter into a

management agreement under the provisions of the NC Act.

• Creation and management of inner and


outer asset protection zones. • Provision of access for fire fighting. • Construction standards for the facility. • Provision of emergency water supplies. • Provision of portable fire extinguishers. • Limitations on works on total fire ban days. • A Bushfire Action Plan detailing vegetation

management and APZ maintenance and fire-fighting access for the site is submitted for approval to ESA which complies with ACT Emergencies ACT 2004 and ACT Strategic Bushfire Management Plan version 2.


4 Land disturbance – unacceptable loss of vegetation and topsoil resources






4.2.6. Conclusion The two supporting studies and the comments of the Conservator of Flora and Fauna provide sufficient information on the impacts of the proposal on native vegetation.

Further investigation and environmental assessment of the impacts of the proposal on native vegetation is not required for this project. The recommended mitigation measures will be applied through conditions of approval in any subsequent development application.


4.3. Item 3 Part 4.3 Schedule 4 – development on land reserved under s315 The Solar Farm proposal includes the undergrounding of an 11 kilovolt (kV) cable connecting the solar array to the Theodore Substation. The 11kV line is proposed to follow the alignment of the existing 132kV power line easement within the Rob Roy Nature Reserve which is land reserved under s315 of the Act.

4.3.1. Impacts The identified activities associated with the proposed development which will potentially impact on land reserved under s315 of the Act are

• Removal and/or disturbance of native vegetation (including Box-Gum woodland and PTWL habitat) within the Nature Reserve.

• Disturbance of vegetation introducing and encouraging invasive weed species. • Inappropriate erosion and sediment control measures resulting in loss vegetation, soil loss

impacting on rehabilitation. • Establishment and Management of Bushfire Asset Protection Zones.

4.3.2. Previous Studies and Investigation FRV has submitted two studies which address impacts on land reserved under s315of the Act in support of the application for s211 exemption. The information submitted by FRV to support the application is listed and assessed for relevance in Table 8


Title of report Public consultation

13

Age of report Reviewed for currency14











4.3.3. Key findings The s211 EIS exemption application identifies that works will occur in the nature reserve

• ‘The works within the nature reserve areas are limited to the installation of underground cable that will following a corridor of existing disturbance associated with overhead power lines and access tracks. Approximately 2.9 kilometres of the trench will be within the nature reserve.’15

Australian Bushfire Protection Planners state that the Outer Asset Protection Zones will extend into the Dry Shrubby Box Woodland and PTWL habitat within the Rob Roy Nature Reserve:

• ‘The provision of the recommended 300 metre wide Outer Asset Protection Zone to the west and northwest of the Solar Array will extend into the Dry Shrubby Box Woodland vegetation community and into potential Pink Tailed Worm Lizard Habitat.’16

A referral decision under the EPBC Act (EPBC 2012/6431) along with the mitigation measures outlined by the Conservator of Flora and Fauna will avoid, or limit the footprint of the development within, the areas identified as Box-Gum woodland and PTWL habitat within the nature reserve.

4.3.4. Entity referral and comments The Conservator of Flora and Fauna provided comment on the proposal which related to impacts on land reserved under s315 of the Act. The comments are summarised below


• That the proponent enter into a management agreement under the provisions of the Nature Conservation Act 1980 (NC Act). The agreement must require that

o rehabilitation works including the rectification of the fire trail be carried out; o all works must be completed according to the directions and to the satisfaction of

the Parks and Conservation Service; and o a bond be provided to Parks and Conservation Service, returnable once all


4.3.5. Recommended mitigation measures The recommended mitigation measures from the entity comments received and the reports submitted by FRV against the impacts of the development on land reserved under s315 of the Act are included in Table 9.

Table 9 - Mitigation measures - land reserved under s315 of the Act

Number Impact of development Mitigation Measure 1 Removal of and/or disturbance of

native vegetation (including Box-Gum woodland and PTWL habitat) within the

• Disturbance within the Nature reserve will be contained within existing corridor of disturbance.

15 Pg 54 - Royalla 1 Solar PV Generating Facility, Ecological Due Diligence Assessment, Prepared for CBRE on behalf of FRV, Biosis Research Pty Ltd, June 2012 16 Pg 38, P. 5 - Bushfire Risk Assessment Report Royalla 1 Solar PV Power Generating Facility, Block 1633 Tuggeranong, Australian Capital Territory, Prepared for FRV Services Australia Pty Ltd, Australian Bushfire Protection Planners Pty Limited, November 2012.


Nature Reserve • Where disturbance is unavoidable undertake works in accordance with EPBC Act Referral Decision.





• Weed management initiatives will include: o washing machinery upon arrival and

departure o active revegetation of disturbed

areas o active monitoring of revegetation

areas o provision of resources to controls

weeds should they arise. 3 Bushfire • The proponent shall enter into a

management agreement under the provisions of the NC Act.

• Creation and management of inner and outer asset protection zones.

• Provision of access for fire fighting. • Construction standards for the facility. • Provision of emergency water supplies. • Provision of portable fire extinguishers. • Limitations on works on total fire ban

days. • A Bushfire Action Plan detailing

vegetation management and APZ maintenance and fire-fighting access for the site is submitted for approval to ESA which complies with ACT Emergencies ACT 2004 and ACT Strategic Bushfire Management Plan version 2.


4 Land disturbance – unacceptable loss of vegetation and topsoil resources


• Detailed design for control measures to


meet SEWPAC and any other entity requirements including rehabilitation of disturbed areas.




4.3.6. Conclusion The two supporting studies and the comments of the Conservator of Flora and Fauna provide sufficient information on the impacts of the proposal on land reserved under s315 of the Act.

Further investigation and environmental assessment of the impacts of the proposal on land reserved under s315 of the Act is not required for this project. The recommended mitigation measures will be applied through conditions of approval in any subsequent development application.




5. Other potential environmental impacts This section summarises the potential impacts of the development on the environment other than those impacts which are impact track triggers discussed in section 4.

5.1. Aboriginal cultural heritage A number of Aboriginal cultural heritage sites are within and adjacent to the proposed location of works. Some sites will be disturbed; others have the potential to be impacted. A cultural heritage assessment of the site has been undertaken and included as a supporting study with the s211 exemption application.

5.1.1. Impacts The following potential impacts were identified

• Disturbance of known cultural heritage sites • Unplanned impacts on cultural heritage places or objects • Impacts on cultural values

5.1.2. Recommended mitigation measures The key commitments and mitigation measures recommended in the heritage report accompanying the application and by the Heritage Council are

• Implement the recommendations of the Royalla 1 Solar PV Generating Facility Heritage Investigations and Management Plan, Cultural Heritage Management Australia, May 2012, endorsed by the Heritage Council, including:

o Subsequent to the current survey, the decision was made to enlarge the proposed footprint, extending the boundaries of the site in all four directions but predominantly to the north and west. In so doing, an additional four previously recorded sites are included in the impact area. This extended boundary comprises a fringe area around the solar plant allowing for additional development activities such as storm water diversion, topsoil piling and temporary construction works.

o It may be possible to avoid any impacts to these sites once their current status and site boundaries have been established. The following recommendations are therefore made for each of these four sites: A detailed heritage assessment must be undertaken at each of these site

locations providing the following information: • site location • site contents • potential for subsurface deposits • boundaries of the site • management recommendations based on FRV's ability to avoid

these sites during development. Recommendations must therefore include options for avoidance as well as salvage and subsurface investigations where necessary.

o After undertaking this assessment and an accompanying survey of the additional areas around the footprint, a report must be provided to the ACT Heritage Council for ratification.


5.2. Landscape and Visual Impact The proposal will be visible from vantage points including the Monaro Highway and Royalla Estate, NSW. The proponent has included a Visual Assessment Report as a supporting study with the s211 exemption application.


• Landscape Character – negative impacts on visual amenity from vantage points – The solar array will be visible from the Monaro Highway and from some areas within the Royalla estate.

• Land use – reduced availability of land for agricultural use – The footprint of the main solar array will be lost to agricultural production for the life of the project.

5.2.2. Recommended mitigation measures The key commitments and mitigation measures recommended in the reports accompanying the application are

• Minimising the footprint of the facility by efficiently utilising the available land. • Minimising the amount of built infrastructure such as roads and buildings. • Using building materials and finishes that are non-reflective (including the solar panels

themselves) and are of colours that are appropriate to the locality. • Use of landscaping to block views from key view-points.

5.3. Soils and Geology The proposed development will include earthworks. A geotechnical Investigation of the site of the array has been undertaken and preliminary engineering advice including a concept sediment and erosion control plan has been submitted to support the s211 exemption application.


• Unstable ground conditions lead to failure of the facility. • Unacceptable loss of vegetation and topsoil resources. • Poor quality soils in disturbed areas lead to unacceptable erosion events. • Loss of topsoil through excess handling and incorrect stockpiling.

5.3.2. Recommended mitigation measures The key commitments and mitigation measures recommended in the reports accompanying the application are

• While it will be necessary to smooth some micro-topographic features the quantity of earthworks on site will be minimised.

• Earthworks will be designed to balance cut and fill so there is no need to import or export soil.

• Where topsoil is removed it will be either stockpiled in low piles or redistributed on site immediately.


• All areas of disturbance (other than new access roads) will be revegetated immediately following construction.


5.4. Traffic The proposal will generate traffic and the potential for traffic hazards. Preliminary engineering advice including a concept temporary traffic management plan has been submitted to support the s211 exemption application.


• There will be an increase in road traffic during construction related to material delivery and construction workers.

• The scale of the facility may draw attention from passing motorists, distracting them from driving.

5.4.2. Recommended mitigation measures The key commitments and mitigation measures recommended in the reports accompanying the application are:

• Detailed design will be informed by a traffic assessment of both construction and operation phases.

• Based upon the traffic assessment, modifications to the site access will be made. • If necessary, a temporary observation and interpretation facility may be provided in a safe

location. • Landscape planting will reduce visibility from the road in the longer term.

5.5. Water quality, hydrology and stormwater Preliminary engineering advice including a concept stormwater management plan has been submitted to support the s211 exemption application.


• The installation of panels may effectively increase runoff in some storm events increasing potential for localised flooding.

• Significant rainfall events during construction could lead to uncontrolled release of stormwater from site.

• Construction and operation do not require the use of significant potential pollutants. • Sediment and Erosion is considered the most likely risk to stormwater quality.


• Sediment and erosion control will be managed in accordance with industry best practice.


• A sediment and erosion control plan will be endorsed by the EPA prior to construction commencing.

• Detailed design will be informed by hydraulic modelling. • Flow management and diversion structures will be designed and built on the basis of this

modelling with the intention of minimising any change to downstream hydrology.

5.6. Air quality The proposed development will include earthworks and has the potential to impact on air quality through the creation of dust.


• Construction will result in the clearing of topsoil within the plant footprint potentially generating dust.

• During operation some dust will be generated by vehicles on unsealed roads.


• A During construction, dust will be controlled using water from sediment control dams if necessary.

• During operation there will be minimal traffic on unsealed roads within the facility. The remainder of the site will be grassed.

5.7. Health – contamination and public safety A Phase 1 Environmental Site Assessment to determine the potential for contamination has been undertaken and submitted to support the s211 exemption application.


• Contaminated Land – the project occurs on contaminated land, exposing workers or the environment to potential toxins.

• Public Safety – accidental harm to the public.


• A Phase 1 Environmental Site Assessment has identified two areas of Environmental Concern. The first relates to the sheep dip and the second relates to rubbish dumped in a creek, typical to rural land practice. Both of these areas are outside the footprint of the proposed sub-lease. Block 1633 is not on the EPA's register of contaminated sites.

• The site will be fenced to avoid accidental intrusion by members of the public.


5.8. Conclusion The supporting reports and the comments of entities provide sufficient information on the potential impacts of the development on the environment other than those impacts which are impact track triggers.

Further investigation and environmental assessment of the proposal is not required for this s211 exemption application. The recommended mitigation measures will be applied through conditions of approval in any subsequent development application.




6. Development application considerations This section outlines key considerations for the Authority to take into account when assessing a development application for the proposal. The development application considerations include any recommendations from the supporting information submitted by the proponent as well as any matters raised by referral entities.

Development application considerations are summarised in Table 10.


Table 10 - Development application considerations

No Consideration requirement Endorsement/ approval Development stage Details of considerations

1 Detailed design identifying the final alignment of the 11kV line.

ESDD, various entities may have an interest in this.

Administrative/DA

Plans identifying the final alignment of the 11kV line should be submitted for consideration with the DA.

2 Management Agreement (MA) under the Nature Conservation Act 1980

ESDD and TAMS Prior to construction

Any future DA’s will be referred to the Conservator for comment.

The Conservator has stated that the MA may include, but is not limited to, the following:

(a) access to land; (b) fire management; (c) drainage; (d) management and maintenance of public or private facilities; (e) rehabilitation of land or public or private facilities; (f) indemnities; (g) emergency procedures; (h) internal stockpiling; (i) fencing; (j) feral animals and weed control.

Any future DA’s will be referred to the Conservator for comment.

3 Completed Heritage Assessment and Survey.

Implementation of management recommendations/mitigation measures

ACT Heritage Council Administrative/DA

and/or

Prior to construction

A heritage assessment and an accompanying survey of the additional areas around the footprint and any subsequent approved mitigation action – is to be completed

Any future DA’s will be referred to the ACT Heritage Council for comment.


No Consideration requirement Endorsement/ approval Development stage Details of considerations

4 APZ establishment and maintenance agreement with the adjoining landholder

ESDD and ESA

Other entities may have an interest in this.

Prior to construction Asset Protection Zones (APZs) should be contained within the facility site unless an APZ establishment and maintenance agreement with the adjoining landholder has been approved by ESA/RFS.

Any future DA’s will be referred to the ESA for comment.

Bushfire Action Plan ESDD and ESA

Other entities may have an interest in this.

Prior to construction A Bushfire Action Plan detailing vegetation management and APZ maintenance and fire-fighting access for the site is submitted for approval to ESA which complies with ACT Emergencies ACT 2004 and ACT Strategic Bushfire Management Plan version 2.

Any future DA’s will be referred to the ESA for comment.




7. Conclusion Having regard to the supporting information provided and the comments received from referral entities, the Authority has assessed the Solar Farm as meeting the requirements of s211 of the Act.

The assessment of the application has identified the following issues where the impacts of the proposal are only partially understood:

• the final alignment of the 11kV line is yet to be determined; and

• an APZ establishment and maintenance agreement is yet to be established with the adjoining landholders, particularly to the South, potentially affecting the siting of the array.

These items have been noted as DA considerations in section 6 of this report.

It is the Authority’s assessment that the proponent has provided sufficient information to the ACT Government to allow an informed evaluation of potential significant adverse environmental impacts which could be attributed to the proposal. The supporting information and referral entities have proposed a range of mitigation measures to reduce or avoid potential impacts arising from construction and operational activities associated with the project. It is considered that any potential significant adverse environmental impacts can be adequately addressed by implementing these measures and the relevant development application considerations outlined in this report.

The Authority’s recommendation is that the supporting information submitted with the application has adequately identified and considered those matters of potentially significant adverse environmental impact and that further environmental assessment is not required.

The Authority’s recommendation is that the Minister grants FRV an exemption under section 211 of the Act from the requirement to complete an Environmental Impact Statement.


8. Bibliography Royalla Solar PV Generating Facility s211 EIS Exemption Application, A report prepared for FRV Services Australia, CBRE (V) Pty Ltd, January 2013

Referral Decision (EPBC 2012/6431), SEWPAC, August 2012

http://www.environment.act.gov.au/energy/solar_auction, ESDD, as at February 2013

Letter: Royalla 1 Solar Power Generating Facility – Targeted surveys along proposed underground power cable route, Biosis Pty Ltd, November 2012

http://www.environment.act.gov.au/energy/solar_auction

Appendix 1 – Referral Entity Comments The comments of the referral entities are included in Table 11. Notes on the assessment of the matters raised by the entities are included as necessary. Development assessment considerations and conditions may be applied to ensure compliance with the comments received.

The following entity was invited to provide comment on the application, however comments were not received:

• ESDD Utilities Technical Regulator

Table 11 - Referral entity comments and assessment notes

Entity Comment Assessment note

Conservator of Flora and Fauna

I refer to your request for comments on a Scoping Document for an EIS on the proposed construction of a solar farm at Royalla and the associated connections to the ACT's power grid, and the request for an exemption from an EIS under the provisions of section 211 of the Planning and Development Act 2007.

It is considered that the existing information provided as part of the Section 211 exemption application is sufficient to assess the potential environmental impact of the Royalla Solar PV Generating Facility and that, from a biodiversity perspective, it would be appropriate to grant an exemption from preparing an EIS.

However, it is noted that the exact route of the underground power-line is not included in the documents accompanying the Section 211 application and it is recommended that this level of information is provided within a subsequent Development Application.

It is also recommended that whatever route is finally selected for the underground cable, no more than 0.5 hectares of disturbance of native vegetation should result from laying the cable outside of the existing fire trail/maintenance track footprint within the nature reserve.

I also note that a commitment of the Section 211 application report is that works within the nature reserve will be subject to an Environmental Protection Agreement covering restoration works, erosion and sediment control and weed management.

An Environment Protection Agreement is unlikely to be required under the provisions of the Environment Protection Act 1997 as the Environment Protection Act specifically excludes lineal installations such as this proposal. It would be more appropriate for the proponent to enter a management agreement under the provisions of the Nature Conservation Act 1980 (NC Act). Part 10 of the NC Act provides for management agreements with agencies that are responsible for the construction, repair or maintenance carried out for the supply of gas, electricity, water or sewerage services, as well as telecommunication suppliers etc.

The Act provides that a management agreement shall set out standards and conditions for avoiding or minimising any conflict with land management objectives for controlled (i.e. public) land which might arise as a result of the agency's activities; and that a management agreement may deal with matters including

The Conservator of Flora and Fauna has not requested any further environmental studies to support the s211 application.

DA considerations have been identified and added to section 6 of this report.

All Future DAs will be forwarded to the Conservator for comment.



the following:

(a) access to land; (b) fire management; (c) drainage; (d) management and maintenance of public or private facilities; (e) rehabilitation of land or public or private facilities; (f) indemnities; (g) emergency procedures; (h) internal stockpiling; (i) fencing; (j) feral animals and weed control.

In particular the agreement must require that:

• rehabilitation works including the rectification of the fire trail be carried out; • all works must be completed according to the directions and to the satisfaction of the Parks and

Conservation Service; and • a bond be provided to Parks and Conservation Service, returnable once all restoration and control

works have been satisfactorily completed.

Environment Protection Authority

The Environment Protection Authority (EPA) has reviewed the s211 application for the exemption from an EIS. The EPA has no issues with the development of the Royalla Solar PV generating facility that would warrant the submission of an EIS.

The EPA’s requirements can be dealt with through the development application process for the proposal.

No further action is required at this time.

Future DAs will be referred to the EPA for comment.

ACT Heritage Council

Thank you for the opportunity to comment on the application for an s211 exemption for the Royalla Solar PV Generating Facility. The Heritage Council notes the applicant's request for consideration for Ministerial exemption from the requirement to complete an EIS pursuant to s211 of the Planning and Development Act 2007.

The requirement for a heritage assessment and survey of the additional impact area has been identified as a DA consideration under section 6 of this



A cultural heritage assessment has already been undertaken within the majority of the development footprint. The following report has been produced and approved by the Heritage Council; Royalla 1 Solar PV Generating Facility Heritage Investigations and Management Plan (Cultural Heritage Management Australia 2012).

The report provides the following recommendations:

Subsequent to the current survey, the decision was made to enlarge the proposed footprint, extending the boundaries of the site in all four directions but predominantly to the north and west. In so doing, an additional four previously recorded sites are included in the impact area. This extended boundary comprises a fringe area around the solar plant allowing for additional development activities such as storm water diversion, topsoil piling and temporary construction works.

It may be possible to avoid any impacts to these sites once their current status and site boundaries have been established. The following recommendations are therefore made for each of these four sites:

A detailed heritage assessment must be undertaken at each of these site locations providing the following information:

• site location • site contents • potential for subsurface deposits • boundaries of the site • management recommendations based on FRV's ability to avoid these sites during development.

Recommendations must therefore include options for avoidance as well as salvage and subsurface investigations where necessary.

After undertaking this assessment and an accompanying survey of the additional areas around the footprint, a report must be provided to the ACT Heritage Council for ratification.

Heritage Council does not object to the request for exemption from EIS scoping pursuant to s211 of the

report.

Future DAs will be referred to the ACT Heritage Council for comment.



Planning and Development Act 2007, provided an assessment of the additional impact areas - and any subsequent approved mitigation action – is completed.

Emergency Services Agency

ACTF&R has viewed the documents for Block 13 Section 117 Conder numerous blocks for the Royalla Solar PV Generating Facility and agrees with measures for Bushfire Mitigation suggested in the ABPP Bushfire Risk Assessment Report.

Asset Protection Zones (APZs) should be contained within the facility site unless; an APZ establishment and maintenance agreement with the adjoining landholder has been approved by ESA/RFS.

A Bushfire Action Plan detailing vegetation management and APZ maintenance and firefighting access for the site is submitted and approval to ESA which complies with ACT Emergencies ACT 2004 and ACT Strategic Bushfire Management Plan version 2.

The Emergency Services Agency has no other special considerations or objections at this time.

The requirements for an APZ establishment and maintenance agreement, and Bushfire Action Plan have been identified as DA considerations under section 6 of this report.

Future DAs will be referred to the ESA for comment.

ESDD Utilities Technical Regulator

No comments received Future DAs will be referred to the ESDD Utilities Technical Regulator for comment.

ActewAGL Networks (Electricity)

No comments Future DAs will be referred to ActewAGL Electricity Networks for comment.

ActewAGL Networks (GAS)

There are no Gas Networks assets within the vicinity of the development. No further action is required.

ACTEW Water ACTEW Water has no objection to an exemption from an Environmental Impact Statement being granted. The proposal is not located in the drinking water catchment and will not impact on the water or sewer networks.

No further action is required.

National Capital Authority

I refer to the email dated 1 February 2013 advising that the planning and land authority within the Environment and Sustainable Development Directorate (ESDD) has received a request for an exemption from an Environmental Impact Statement (EIS) under section 211 of the Planning and Development Act

No further action is required at this time.

Future DAs will be referred to the NCA for comment.



2007 in relation to the Royalla Solar Photovoltaic Array.

The NCA has particular interest in the project in relation to the following aspects:

• The Monaro Highway which is a Designated Area under the National Capital Plan (the Plan) and as such works approval is required from the NCA for all works in this area.

• Land within 200m of the centreline of the Monaro Highway which is subject to the special requirements for Approach Routes.

• The site is subject to the provisions set out in DCP 12/08- Part Block 1633 Tuggeranong, Monaro Highway.

The NCA understands that the proposal has been assessed by the Commonwealth Department of Sustainability, Environment, Water, Populations and Communities (SEWPAC) in accordance with the Environmental Protection and Biodiversity Act 1999 (EPBC Act). SEWPAC considered the proposal not to be a controlled action under the EPBC Act.

The NCA has no objections to this exemption at this time.

Territory and Municipal Services Directorate

TAMS have no comments on the request for the EIS exemption. No further action is required at this time.

Future DAs will be referred to TAMS for comment.

ACT Health Directorate

No comments Future DAs will be referred to ACT Health for comment.

Application for s211 Exemption Consideration Report 47 Royalla Solar PV Generating Facility Version: 0.1 DRAFT/FINAL – March 2013

Appendix 2 – EPBC Act – Referral Decision (EPBC 2012/6431)

Documents

Royalla Solar PV generation facility...Change Energy and Water), has stated on the ESDD website that the solar auction will: Application for s211 Exemption Consideration Report 4 Royalla