Manly Lagoon Dredging Project - Manly Council - NSW Government

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Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah CouncilsStakeholderDoL (nowLPMA)Issues Raised/CommentsStatus of land:oAddressedin REF• Air quality; Section 5.2• Aboriginal cultural heritage; Section 5.5.1• Flora and fauna (with regards to TSC Act andFisheries Management Act 1994);• Migratory bird protection under CAMBA andJAMBA treaties;Section 5.3.1Section 5.3.1• Potential climate change issues; and Section 5.2• Community consultation. Section 5.6The area of bed lagoon to be dredged involvessubmerged Crown Land comprising part of CrownReserve R56146; Licence No LI 361677 applies to thisland;o The downstream section of Site 1 (approximately 200m,and to the ocean outlet) has the municipal boundarybetween Manly and Warringah LGAs at the centre line ofthe Lagoon, however the upstream section of Site 1(approximately 400m) is wholly within Warringah LGA;oooooOther than the Lagoon bed, the only other Crown landSite 1 will involve is Crown Reserve R100226, for accessto the western side of Site 1 between Campbell Paradeand Addiscombe Road, managed by the AddiscombeRoad Reserve Trust, through Manly Council, for PublicRecreation;The Burnt Bridge Creek section of Site 2 is wholly withinManly LGA and some Crown land waterway areas of theCreek are within Manly Golf Club land (part of Lot 1DP137168). No other Crown land is adjoining Site 2;Dredging in Burnt Bridge Creek will need approval fromManly Golf Club as well as other parties (note that onlysome portions of work require approval by Manly GolfCourse and that the proposed works do not extend tothese areas as per Attachment A to the DoL letter);The bed of the lagoon (but not land generally adjacent toManly Golf Course) is subject of Aboriginal Land ClaimNo 6964 by the Metropolitan Land Council; andDoL (now LPMA) indicated a Native Title Claim existsover the general area but that this needs to beconfirmed.Legislative and other requirements:oooThe proposed works require consent according to theWarringah LEP 2000 (Part 4 under the EP&A Act) giventhat acid sulfate soils may be involved;All works (within the lagoon portion of works) withinCrown land are to be carried out in accordance withLicence No LI 361677;This REF is to be approved by the Minister for Lands(DoL) (now LPMA);NotedNotedNotedNotedN/A – Therewill be nodredging inBurnt BridgeCreek.Section 5.5.1Section 5.5.1Section 4.10NotedSection 1.12 July 2010 Cardno (NSW/ACT) Pty Ltd 20H:\Doc\2010\Reports.2010\Rep2580v4.doc
Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah CouncilsStakeholderDoPIssues Raised/CommentsoooWorks within Burnt Bridge Creek are also to be approvedby Manly Golf Club and other required parties (note thatonly some portions of work require approval by ManlyGolf Course and that the proposed works do not extendto these areas as per Attachment A to the DoL letter);The REF needs to clarify responsibilities and licensingrequirements, particularly if on-site dosing of sedimentand dewatering occurs; andA Part 7 Permit under the Fisheries Management Act1994 will be required. (Subsequent discussion with I&INSW indicates that this permit is not required).In accordance with Clause 73 of the Environmental Planning andAssessment Regulation 2000, the REF should address the followingissues:Permits:Impacts on the heritage significance of Manly Lagoon,including natural areas and places of Aboriginal, historic orarchaeological significance. Also wider heritage impacts inthe area surrounding the lagoon;Search the State Heritage Inventory (Heritage Council),which lists some items protected under the Heritage Act1977 and other statutory instruments;Consult lists maintained by National Trust of Australia(NSW), Environment Protection and Biodiversity Act 1999and local Councils (Manly and Warringah) to identify items ofheritage significance in the area;Non-Aboriginal heritage items i.e. buildings, relics, trees, etcin the area should be identified by field survey in accordancewith guidelines in the NSW Heritage Manual, by a qualifiedpractitioner/ consultant with historic sites experience;If the proposal is likely to impact on Aboriginal heritageadequate community consultation should take place; andIf disturbance to a site with known or potential archaeologicalrelics is proposed an excavation permit must be obtainedfrom the Heritage Council according to the Heritage Act1977. If any unexpected archaeological relics are uncoveredduring the course of work excavation should cease and anexcavation permit or an exception notification endorsementobtained.Under Section 219 and 200 of the Fisheries ManagementAct 1994 a permit is required to block fish passage and fordredging work, respectively, carried out by or on behalf of alocal government authority unless the works have beenauthorised under the Crown Lands Act 1989 or by a relevantpublic authority (not a local government authority). As LPMA(a relevant public authority) is authorising the works, thesepermits are not required from I&I NSW; however LPMA isrequired to consult with I&I NSW (Fisheries) and obtain theconcurrence of the department.Addressedin REFN/ASection 4and Section6.3Section 4.4and Section6.3Section 5.5Section 5.5.2Section 7.1and Section5.5.2Notapplicable tothe nature ofthe proposedworksSection 5.5.1Section 4.6and Section5.5Section 4.5and Section4.112 July 2010 Cardno (NSW/ACT) Pty Ltd 21H:\Doc\2010\Reports.2010\Rep2580v4.doc
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Manly Lagoon Dredging Project - Manly Council - NSW Government

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