Manly Lagoon Dredging Project - Manly Council - NSW Government
Manly Lagoon Dredging Project - Manly Council - NSW Government Manly Lagoon Dredging Project - Manly Council - NSW Government
Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah CouncilsWhere any agitation is observed in parent birds or chicks at nesting sites, or where it issuspected that the adult birds are reluctant to return to the nests, dredging in the area shallcease until the breeding is complete.In the unlikely event that the parent birds are seen to abandon chicks in the nest, DECCWshall be contacted to determine the feasibility of rescuing and caring for the chicks. Anyincidents regarding protected species shall also be referred to DECCW.Migratory SpeciesSound mufflers should be used on all plant and equipment used during dredging works,where possible, in order to reduce noise emitted during operations. This will aid in reducingimpacts on migratory bird species utilising the lagoon as a seasonal habitat and breedingarea.If any aquatic or terrestrial animals are accidentally injured during dredging operations, thelocal Wildlife Rescue Service (WIRES) should be contacted.2 July 2010 Cardno (NSW/ACT) Pty Ltd 96H:\Doc\2010\Reports.2010\Rep2580v4.doc
Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah Councils5.5 Heritage5.5.1 Aboriginal HeritageExisting EnvironmentInitial consultation with the Department of Lands (DoL) (now LPMA) indicated there wereAboriginal Land Claim issues in the area of proposed works. Specifically, DoL indicated thatthe bed of the lagoon, but not the land referenced in areas 1 to 5 as indicated on the figurecontained in the consultation response (Appendix B), is subject of Aboriginal Land ClaimNo. 6964 by the Metropolitan Land Council. DoL also indicated that there appeared to be aNative Title Claim over the general area but needed to be checked.The site of the proposed works falls into the Metropolitan Local Aboriginal Land Council(MLALC) area. Further consultation with MLALC (Allen Madden) in August/September 2009indicated that no Aboriginal Land Claim existed over the bed of the Lagoon. Aboriginal LandClaim No. 6964 pertains to Quarry Park, a site approximately 2km distant from ManlyLagoon, and has not yet been granted. Consultation with MLALC also indicated no NativeTitle Claim exists at the site of Manly Lagoon. In light of the discussions with MLALC, it isconsidered that the proposed dredging works will not impact on any area of land which issubject to an Aboriginal land claim.Advice to LPMA’s predecessor, prior to issuing the Licence 361677 for the proposeddredging was that Native Title had not been extinguished over the waters, being the bed ofManly Lagoon. However advice at the time was that Section 24MB(1) of the Native Title Act1993 No 110 (Commonwealth) permitted dredging if the proposal could pass the freeholdtest i.e. ‘could the act be undertaken in the waters concerned if the native title holders heldordinary title to the land adjoining or the surrounding waters?’ Under provisions of the NativeTitel Act, the State may undertake dredging and grant a licence or lease without consent ofadjoining owners providing the owners riparian rights are not interfered with.It was considered that maintenance dredging is low impact and would not interfere with anynative riparian rights or have any adverse impact if the native title holders held adjoining landor surrounding waters. Hence the licence was issued.A search of the National Native Title Tribunal on 29 June 2009 also indicated that no knownIndigenous land use agreements for land on or immediately surrounding the proposed worksarea had been lodged.A search of the Aboriginal Heritage Information Management System (AHIMS) on 17 July2009 found that there were no Aboriginal objects or Aboriginal places recorded within thesearch area (approximately 2km 2 surrounding the proposed works site).The following qualifications apply to an AHIMS search:AHIMS only includes information on Aboriginal objects and Aboriginal places thathave been provided to DECC (now DECCW);2 July 2010 Cardno (NSW/ACT) Pty Ltd 97H:\Doc\2010\Reports.2010\Rep2580v4.doc
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<strong>Manly</strong> <strong>Lagoon</strong> <strong>Dredging</strong> <strong>Project</strong> – Review of Environmental FactorsPrepared for <strong>Manly</strong> and Warringah <strong>Council</strong>sWhere any agitation is observed in parent birds or chicks at nesting sites, or where it issuspected that the adult birds are reluctant to return to the nests, dredging in the area shallcease until the breeding is complete.In the unlikely event that the parent birds are seen to abandon chicks in the nest, DECCWshall be contacted to determine the feasibility of rescuing and caring for the chicks. Anyincidents regarding protected species shall also be referred to DECCW.Migratory SpeciesSound mufflers should be used on all plant and equipment used during dredging works,where possible, in order to reduce noise emitted during operations. This will aid in reducingimpacts on migratory bird species utilising the lagoon as a seasonal habitat and breedingarea.If any aquatic or terrestrial animals are accidentally injured during dredging operations, thelocal Wildlife Rescue Service (WIRES) should be contacted.2 July 2010 Cardno (<strong>NSW</strong>/ACT) Pty Ltd 96H:\Doc\2010\Reports.2010\Rep2580v4.doc
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