section 91 licence - office of environment and heritage€¦ · ecological community (swamp oak...

Section 91 TSC Act Licence Application 1 of 13

Section 91 Licence Application under the Threatened Species Conservation Act 1995 to harm or pick a threatened species, population or ecological community* or damage habitat.

1. Applicant’s name ^: (if additional persons require authorisation by this licence, please attach details of names and addresses)

Angie Radford

2. Australian Business Number (ABN):

47504455945

3. Organisation name and position of applicant ^: (if applicable)

Eurobodalla Shire Council Strategic Planning Officer (Environment)

4. Postal address ^:

PO Box 99 Moruya 2537

Telephone ^: B.H. A.H.

5. Location of the action (including grid reference and local government area and delineated on a map).

Eurobodalla LGA The action will be undertaken within the Water Gardens reserve, Batemans Bay. Water Gardens reserve is bound by the Old Princes Highway, South Street, High Street, Short Street and Museum Place. The area (shown as Area P in Attachment 1) is south of Museum Place on Lot 101 DP 1001026, owned by Eurobodalla Shire Council. Area P is about 0.12 hectares.

6. Full description of the action and its purpose (e.g. environmental assessment, development, etc.)

Description of the Action Remove all vegetation within the area shown as Area P on the attached map (Attachment 1).

* A threatened species, population or ecological community means a species, population or ecological

community identified in Schedule 1, 1A or Schedule 2 of the Threatened Species Conservation Act 1995. ^The personal details of all Section 91 licences will be displayed in the register of Section 91 licences

required under Section 104 of the Threatened Species Conservation Act 1995. See notes.


Purpose of the Action Removing this vegetation aims to encourage a smaller roost extent in the future and reduce the conflicts between Flying-foxes and people. The purpose of this action is consistent with the previous application and s95 certificate (C0001889) for creating and increasing appropriate buffers between the Flying-fox camp in the Water Gardens adjacent to residents and public space. The extent of the Flying-fox camp encroaches adjacent public space including boardwalks and footpaths which reduces the amenity and practical use of the area by the public. Removal of this vegetation will also allow Council to maintain this more highly used public area of the Water Gardens (e.g. routine mowing, edging and clean-up) with less disturbance to roosting Flying-foxes. Removing this vegetation on the boundary of the Flying-fox camp would effectively nudge the roosting flying-foxes further away from the public space in the Water Gardens reserve that the community uses most often e.g. the museum, Batemans Bay Community Centre and other urban built areas adjacent to the Water Gardens. Any buffer will assist to mitigate amenity impacts and the Flying-fox Camp Management Plan Template (OEH 2016) suggests buffers should be as wide as a site allows. Area P is on the boundary of the known roosting habitat within the Water Gardens and comprises Threatened Ecological Community (Swamp Oak Floodplain Forest). Removal of this small area results in a much larger buffer distance to the Flying-fox camp than just the amount of vegetation removed. Removal of this small area of vegetation would reduce the available roosting habitat for Flying-foxes in the Water Gardens. Removing vegetation would nudge the camp away from the entrance to the Water Gardens and into the core roosting habitat within the Water Gardens. Sufficient vegetation would be retained within the Water Gardens to accommodate Flying-foxes at the site at a level that is acceptable to the local community. Dispersal is being undertaken at the Water Gardens (in accordance with previous approvals including s95 certificate C0001958). There will still be roosting habitat available so that flying-foxes can continue to roost in the Water Gardens if complete dispersal of the camp is deemed unsuccessful.

7. Details of the area to be affected by the

action (in hectares).

About 0.12 hectares will be affected by this action. This is in addition to the approximately 5.4 hectares of vegetation that already has approval to be removed, including the 0.12 hectares for buffer creation in 2015. Cumulatively, this application would result in a total of about 5.5 ha of known and potential Grey-headed Flying-fox habitat to be removed from the Batemans Bay camp site.

8. Duration and timing of the action (including staging, if any).

The action is expected to start as soon as possible and is expected to be completed in three days. Works would be completed by 31 July 2016 however, where this is not achievable works would be scheduled for May-July in 2017. Flying-foxes have been recently roosting in area P but works will not take place while Flying-foxes are within 5 metres of the trees to be removed (i.e. tree removal would only take place after Flying-foxes have naturally left, or after they have been dispersed from, area P).


The action is in addition to the buffer clearing that already has OEH approval (s95 certificate C0001889) and would be undertaken as part of that program of works. Adding area P to the current program of buffer clearing works would be a negligible increase in the disturbance to the Flying-foxes compared to what is already approved. The program of works is being undertaken in the following way:

Generally, works are expected to be undertaken from 7am-6pm any day of the week (subject to whether noise complaints are received from nearby residents). However, night works (between 6pm and 7am) are likely to be necessary to reduce impacts on Flying-foxes. If day works at a site results in Flying-fox disturbance to an extent that is causing undue stress on the Flying-foxes or increasing impacts by Flying-foxes on nearby residents to an unacceptable level, the works will cease or be undertaken at night where feasible.

At least 24 hours respite between each period of works to limit the extent of continuous exposure and to allow the flying-foxes to recover from the disturbance and resulting stress. Each period of work would be up to 3 days for day works. Night works would be up to 5 nights (subject to whether complaints are received from residents).

The action will be staged to reduce the total time Flying-foxes (and nearby residents) are exposed to impacts such as noise. Works could be undertaken at one end of the Water Gardens for 3 days and then at the other end of the Water Gardens for example.

9. Is the action to occur on land declared as critical habitat*? (tick appropriate box)

Yes No

10. Threatened species, populations or ecological communities to be harmed or picked.

Scientific name Common name (if known)

Conservation status (i.e. critically endangered, endangered or vulnerable)

Details of number of individual animals, or proportion and type of plant material (e.g. fertile branchlets for herbarium specimens or whole plants or plant parts)

Pteropus poliocephalus

Grey-headed Flying-fox

Vulnerable The camp was estimated to comprise over 100, 000 Flying-

* Critical habitat means habitat declared as critical habitat under Part 3 of the Threatened Species

Conservation Act 1995.


foxes earlier in 2016, although the extent of the camp is currently decreasing. While Flying-foxes are likely to be stressed by the works, the number of individuals injured or killed is expected to be very low.

Swamp oak floodplain forest of the NSW North Coast, Sydney Basin and South East Corner bioregions

Endangered Ecological Community

Up to about 0.12 hectares of degraded Swamp Oak Floodplain Forest would be removed. Vegetation classification is based on Eurobodalla Shire Council mapping.

11. Species impact: (please tick appropriate box)

a) For action proposed on land declared as critical habtat

or b) For action proposed

on land not declared as critical habitat.

a species impact statement (SIS) is attached Yes No Items 12 to 25 have been addressed Yes No

N.B: Provision of a species impact statement is a statutory requirement of a licence application if the action is proposed on critical habitat. The provision of information addressing items 12 to 17 is a statutory requirement of a licence application if the action proposed is not on land that is critical habitat. Information addressing any of the questions below must be attached to the application.

12. Describe the type and condition of habitats in and adjacent to the land to be affected by the action.

Area P is on the boundary of known roosting habitat for Grey-headed Flying-foxes within the Water Gardens. The Water Gardens is surrounded by urban areas and when the Flying-fox camp has been at the peak extent, conflicts have been at an unacceptable level to the community. Area P is likely to comprise of degraded Endangered Ecological Community. Most of the degradation is due to environmental weed infestation and ongoing human use. Swamp-Oak Floodplain Endangered Ecological Community is found throughout the Water Gardens reserve with scattered individual Eucalypt and exotic tree species surrounding the perimeter of the reserve. Immediately to the west of the area that will be cleared is subject to mowing, edging and other regular maintenance activities. This is where the community mostly uses the public space within the Water Gardens.


13. Provide details of any known records of a threatened species in the same or similar known habitats in the locality (include reference

sources).

The only known threatened species that is likely to be affected from the action is the Grey-headed Flying-fox. There are no other Flying-fox camps within 5km of the Batemans Bay camp (that is split over locations within the Water Gardens and Catalina). Flying-fox camps have also been recorded at Kiola and Moruya (within 25km). There are other threatened species recorded to occur in similar habitat in the locality. These include the Gang-gang Cockatoo, Glossy-black Cockatoo, Barking Owl, Powerful Owl, Masked Owl, Sooty Owl, Yellow-bellied Glider and Squirrel Glider.

14. Provide details of any known or potential habitat for a threatened species on the land to be affected by the action (include reference

sources).

The Water Gardens reserve, including area P, is known roosting habitat for Grey-headed Flying-foxes. There are no records of other threatened species on or near the land to be affected by the action. However, the area may provide foraging habitat for other threatened species including Glossy Black-cockatoos. It is unlikely threatened species other the Grey-headed Flying Foxes use the habitat on a permanent basis due to the degraded nature of the land and limited food resources.

15. Provide details of the amount of such habitat to be affected by the action proposed in relation to the known distribution of the species and its habitat in the locality.

The Batemans Bay Flying-fox camp is the only one known in the Batemans Bay urban area. The works will remove about 0.12 hectares of known Grey-headed Flying-fox roosting habitat. This is in addition to about 5.3 hectares of known and potential habitat that was recently approved to be cleared and the 0.12 hectares of potential habitat that was cleared in 2015. In total this equates to about 5.5 hectares of known and potential Grey-headed Flying-fox roosting habitat which is about 24 per cent of the known Flying-fox roosting habitat available at the vicinity of the Water Gardens and Catalina. While the extent of roosting habitat available to Flying-foxes will be reduced, there is other suitable habitat available in the vicinity, including about 5.5 hectares that will be retained within the Water Gardens reserve. A total of about 17 hectares of the existing known Flying-fox roost habitat would remain in the vicinity of the Water Gardens and Catalina. Most other potential roosting habitat in Batemans Bay is considered to be unsuitable from a human perspective (because it is located close to urban areas) however there is alternative suitable habitat for the Grey-headed Flying Foxes available (see figure in Attachment 2 taken from the Batemans Bay Flying-fox Camp Dispersal Plan 2016-2019, pg 8).

16. Provide an assessment of the likely nature and intensity of the effect of the action on the lifecycle and habitat of the species.

The works will have a minor long-term negative impact on the roosting habitat available for the Grey-headed Flying-foxes in Batemans Bay. The sites where trees will be removed are utilised by Flying-foxes when the camp is extremely ‘full’. This does not occur every year as the population does fluctuate with the availability of food resources. The timing of works is not expected to impact significantly on the lifecycle of the flying-foxes as it will be conducted during winter thus avoiding times where there is likely to be heavily pregnant or young flying-foxes present. This is in accordance with other approvals for similar works in the Water Gardens and mitigation standards in Australian Government guidelines (Referral guideline for


management actions in grey-headed and spectacled flying-fox camps September 2015). The works is expected to be completed as soon as possible and before August 2016 (or if this is not possible, in May-July 2017). The action is likely to result in temporary diurnal disturbance to Flying-foxes however the work for Area P is expected to only take up to three days. Clearing Area P would form part of the current program of approved buffer clearing works, and respite periods between each disturbance period of up to 3 days will continue.

17. Provide details of possible measures to avoid or ameliorate the effect of the action.

Clearing area P would form part of the current program of approved buffer clearing works thus the mitigation measures below are already being implemented. Prior to works

Trees to be removed will be clearly marked (e.g. with spray paint) prior to works commencing, to avoid unintentionally impacting trees to be retained.

Contractors will be informed of the signs of stress the Flying-foxes may show and when they should stop works.

A bat specialist WIRES volunteer will be informed of the scheduled works and will be ‘on call’ to attend in the event of flying-foxes requiring treatment.

The action will be undertaken when the Flying-foxes are not heavily pregnant, lactating or with dependent young.

During works

Works will not be undertaken when Flying-foxes are roosting in trees to be removed, or within 5 metres of trees to be removed. This is in accordance with previous approvals for similar works in the Water Gardens and mitigation standards in Australian Government guidelines (Referral guideline for management actions in grey-headed and spectacled flying-fox camps September 2015).

Where lower branches are overhanging pathways, and Flying-foxes are in the tree, the branches are proposed to be removed by hand if Flying-foxes are not on the branch to be removed.

An appropriately qualified person (eg ecologist, Council NRM officer) will be on site to monitor the behaviour of the Flying-foxes and ensure works are within the approved limits of clearing.

When Flying-foxes are in flight for over 30 minutes, or there are other visible signs of stress, works must be postponed until that night or until Flying-foxes have retreated from the area. If any Flying-foxes are injured or killed, WIRES would be contacted and OEH notified.

During day works, there will be a minimum of 24 hours between each work period (of up to 3 days) to provide respite time for Flying-foxes and allow recovery from disturbance.

Where possible, the action will be staged to minimise the amount of time individual Flying-foxes are impacted eg works would be undertaken at one end of the Water Gardens and then move to the other end (or Catalina).


If Flying-foxes appear to be leaving the camp during the buffer clearing works, all works would cease and options to create or extend buffers reassessed (eg wait until the camp size has further reduced either naturally or due to dispersal actions).

N.B: The Chief Executive must determine whether the action proposed is likely to significantly affect threatened species, populations or ecological communities, or their habitats. To enable this assessment the Applicant is required to address items 18 to 24. Any additional information referred to in addressing these items must be attached to the application.

18. In the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction.

It is unlikely the action would have an adverse effect on the life cycle of the Grey-headed Flying-fox such that the local population would be at risk of extinction. The action will be undertaken when the Flying-foxes are not heavily pregnant, lactating or with dependent young. The action will be started as soon as possible and it is anticipated to be complete by August 2016. Where works cannot be undertaken by August 2016 (eg Flying-foxes are still in trees to be removed, animal welfare triggers are observed) works would not recommence until the appropriate time in the Flying-foxes breeding cycle (i.e. May-July 2017). Works would not recommence until Flying-foxes do not have dependent young, are not lactating or are not heavily pregnant. This is in accordance with previous approvals for similar works in the Water Gardens and mitigation standards in Australian Government guidelines (Referral guideline for management actions in grey-headed and spectacled flying-fox camps September 2015). It is not anticipated that there will be an impact on the reproductive effort and success of the Flying-foxes. It is also not expected that there will be any mortality or abandonment of the camp as a result of this action. However, a Flying-fox dispersal program has commenced with approval from OEH (C0001958) and Flying-foxes may leave the camp otherwise. If Flying-foxes appear to be leaving the camp during the buffer clearing works, all works would cease and options to create or extend buffers reassessed (eg wait until the camp size has further reduced either naturally or due to dispersal actions).

19. In the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction.

The Grey-headed Flying-fox camp at Batemans Bay is not an endangered population listed under the TSC Act.

20. In the case of an endangered ecological community or critically endangered ecological

Degraded Swamp-Oak Floodplain Forest EEC will be removed from the edge of a larger patch. The extent of Swamp-Oak Floodplain Forest in the Water Gardens will be reduced by a further 0.12 hectares which is about a 7 per cent


community, whether the action proposed:

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction.

reduction in the total probable EEC extent at the Water Gardens (including previously approved clearing amounts for the Water Gardens). There is about 320 hectares of Swamp-Oak Floodplain Forest within 10km and about 0.4% of Swamp-Oak Floodplain Forest EEC within the locality would be impacted by the action. The action is unlikely to have an adverse effect on this EEC such that its local occurrence would be placed at risk of extinction.

21. In relation to the habitat of a threatened species, population or ecological community:

(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and

(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality.

About 0.12 hectares of known Grey-headed Flying-fox roosting habitat would be removed by the action. This is in additional to the approximately 5.3 hectares of known and potential roosting habitat for Flying-foxes being removed or modified in accordance with recent approvals, and to the 0.12 hectares of potential habitat cleared in 2015. This is about 24 per cent (a 1 per cent increase compared to the previous approval) of the known roosting habitat of the Batemans Bay Flying-fox camp. The area to be removed is only used by Grey-headed Flying-foxes when the camp is ‘full’. Further, there is similar habitat within about 5 km of the Batemans Bay Flying-Fox Camp shown in the figure in Attachment 2 sourced from the Batemans Bay Flying-Fox Camp Dispersal Plan 2016-2019, pg 8. Under the Draft EPBC Act Policy Statement – Camp Management Guidelines for the Grey-headed and Spectacled flying fox (DoE 2014) the Batemans Bay Flying-fox camp is recognised as being ‘nationally important’ because it contained more than 10, 000 Grey-headed Flying-foxes in more than one year in the last ten years. The vegetation to be removed is likely to be degraded Swamp-Oak Floodplain Forest EEC. About 0.12 hectares of EEC would be removed in addition to the 1.3 hectares that is already approved to be removed or modified (a total of about 1.4 hectares in the vicinity of the Water Gardens and Catalina) which is about 0.4 per cent of this EEC within 10km of the site. The action would not further isolate or fragment Grey-headed Flying-fox habitat or Swamp-Oak Floodplain Forest substantially. The Water Gardens reserve is already isolated and clearing is proposed at the edge of vegetation patches and urban areas. There is alternative available Grey-headed Flying-fox habitat and Swamp-Oak Floodplain Forest in the vicinity and as such the trees being removed are not critical to the long-term survival of the species or the EEC in the locality.


22. Whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly).

N/A- There is no declared critical habitat affected by the action.

23. Whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan.

The action is not consistent with the objectives of the Draft National Recovery Plan for the Grey-headed Flying-fox (July 2009), however Council has been and will continue to address the two below actions:

Action 5: Provide information and advice to managers, community groups and members of the public that are involved with controversial flying-fox camps

Action 6: Produce and circulate educational resources to improve public attitudes toward Grey-headed Flying-foxes, promote the recovery program to the wider community and encourage participation in recovery actions.

24. Whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

The action constitutes the Key Threatening Process “Clearing of Native Vegetation” listed under the TSC Act. However, the extent of clearing is at a relatively minor scale such that it is considered not to impact significantly on local populations of threatened species or threatened ecological communities.

Important information for the applicant

Processing times and fees

The Threatened Species Conservation Act 1995 provides that the Chief Executive must make a decision on the licence application within 120 days where a species impact statement (SIS) has been received. No timeframes have been set for those applications which do not require a SIS. The Chief Executive will assess your application as soon as possible. You can assist this process by providing clear and concise information in your application.

Applicants may be charged a processing fee. The Chief Executive is required to advise prospective applicants of the maximum fee payable before the licence application is lodged. Therefore, prospective applicants should contact the Office of Environment and Heritage (OEH) prior to submitting a licence application.

A $30 licence application fee must accompany a licence application.

Protected fauna and protected native plants*

Licensing provisions for protected fauna and protected native plants are contained within the National Parks and Wildlife Act 1974. However, a Section 91 Licence may be extended to include protected fauna and protected native plants when these will be affected by the action.

* Protected fauna means fauna of a species not named in Schedule 11 of the National Parks and Wildlife Act

1974. Protected native plant means a native plant of a species named in Schedule 13 of the National Parks and

Wildlife Service 1974.


If you are applying for a licence to cover both threatened and protected species please provide the information requested in Item 10 as well as a list of protected species and details of the number of individuals animals or proportion and type of plant material which are likely to be harmed or picked.

Request for additional information

The Chief Executive may, after receiving the application, request additional information necessary for the determination of the licence application.

Species impact statement

Where the application is not accompanied by a species impact statement (SIS), the Chief Executive may decide, following an initial assessment of your application, that the action proposed is likely to have a significant effect on threatened species, populations or ecological communities, or their habitats. In such cases, the Threatened Species Conservation Act 1995 requires that the applicant submit a SIS. Following initial review of the application, the Chief Executive will advise the applicant of the need to prepare a SIS.

Chief Executive’s requirements for a species impact statement

Prior to the preparation of a SIS, a request for Chief Executive’s requirements must be forwarded to the relevant OEH Office. The SIS must be prepared in accordance with section 109 and 110 of the TSC Act and must comply with any requirements notified by the Chief Executive of Office of Environment and Heritage (OEH).

Disclosure of Personal Information in the Public Register of s91 Licences

The Public Register provides a list of licence applications and licences granted. A person about whom personal information is contained in a public register may request that the information is removed or not placed on the register as publicly available.

Copies of all applications and licences issued under section 91 and certificates issued under section 95 of the Act are available on the OEH website at Public register of section 91 applications, licences and certificates or in hardcopy form from The Librarian, Office of Environment and Heritage, 59 Goulburn St, Sydney.

Certificates

If the Chief Executive decides, following an assessment of your application, that the proposed action is not likely to significantly affect threatened species, populations or ecological communities, or their habitats, a Section 91 Licence is not required and the Chief Executive must, as soon as practicable after making the determination, issue the applicant with a certificate to that effect.

N.B: An action that is not required to be licensed under the Threatened Species Conservation Act 1995, may require licensing under the National Parks and Wildlife Act 1974, if it is likely to affect protected fauna or protected native plants.

http://www.environment.nsw.gov.au/threatenedspecies/S91TscaRegisterByDate.htm

http://www.environment.nsw.gov.au/threatenedspecies/S91TscaRegisterByDate.htm


ATTACHMENT 1 – Figure showing Area P

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Additional areas

required

Lot 101

DP 1001026

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Lot 334

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Amendment Details

Development Approval NOT Required

Cad Reference

File No(s).

Job Number

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Designed

Surveyed

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Datum Designed For

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Date

Approved On Behalf Of

EUROBODALLA SHIRE COUNCIL

Divisional Manager

No. A AppdDCB By Date

Project No.

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Checked

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Technical Services

eurobodallashire council

e u r o b o d a l l a s h i r e c o u n c i lOriginal Approved by

Batemans BayWater Gardens

Proposed Additional Clearing Works

3662

C 04

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Scale 1:1000

0 50100m

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P

Remove all Casuarina trees

Q:\T

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2\C

Fly

ing

Foxe

s\A

cad\

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g, 2

8/06

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28 A

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ATTACHMENT 2 - Alternative suitable Grey-headed Flying Foxes habitat taken from the Batemans Bay Flying-fox Camp Dispersal Plan 2016-2019, pg 8

Ba t em a n s Ba y F l y i n g - f o x Ca m p D i sp e r s a l P la n

© E CO LO G ICA L A U S T RA L IA P T Y LT D 8

Figure 3: Potential habitat within approximately 5 km of the camp

section 91 licence - office of environment and heritage€¦ · ecological community (swamp oak...

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