Manly Lagoon Dredging Project - Manly Council - NSW Government

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Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah CouncilsClean-up notices will be issued for the improper use and/or management of pesticides. Nopesticides will be used during the proposed works; therefore this Act is not consideredrelevant to the proposed works.The Environmentally Hazardous Chemicals Act 1985 governs the use and disposal ofpotentially hazardous chemicals and waste material, where an ‘environmentally hazardouschemical’ means a chemical (other than a declared chemical waste) which is the subject of achemical control order (CCO). Any use and/or removal of hazardous chemicals and materialdefined under this Act requires licensing and must be appropriately declared. There are onlyfive CCOs currently in place in NSW. No environmentally hazardous chemicals or chemicalwaste will be used or disposed of during the proposed works; therefore this Act is notconsidered relevant to the proposed works.Overall the proposed works will involve returning bed levels to 1992 levels. This is expectedto result in the removal of around 6,400m 3 of accumulated sediment from Manly Lagoon.These works therefore do not fall within the description of any ‘scheduled activity’ under thePoEO Act, hence a licence from the EPA is not required. However, liability for pollutionevents is not waived just because a licence is not required and pollution mitigation measures(e.g. for water quality and sediment and erosion control) must be implemented to mitigateimpacts.4.3 Terrestrial Ecology LegislationThe Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pieceof Commonwealth legislation requiring that approval is obtained from the Minister for anyenvironmentally significant actions on Commonwealth Land, or actions that are likely to havea significant impact on nationally threatened species and ecological communities, Ramsarwetlands and other nationally significant issues. This REF considers these environmentallysignificant issues in relation to the proposed site in Section 5.3.1. It has been determinedthat there would be no significant impact as a result of the proposed works and a referral tothe Department of the Environment, Water, Heritage and the Arts (DEWHA) is not required.The Environmental Planning and Assessment Act 1979 (EP&A Act) requires that the impactthat any proposed activity may have upon threatened species, populations or ecologicalcommunities and their habitats must be assessed. A Flora and Fauna Assessment, involvingSeven Part Tests, was conducted by Warringah Council for threatened species eitheridentified at the works site during a terrestrial field survey conducted on 4 January 2010 orconsidered likely to occur at the site (Warringah Council, 2010; Appendix N). Lists ofthreatened species, populations and ecological communities are contained in Schedules 1and 2 of the Threatened Species Conservation Act 1995 (TSC Act). These matters areassessed in Section 5.3.1 of this REF.The objectives of the National Parks and Wildlife Act 1974 (NPW Act) involve conservationof nature, including the conservation of habitat, ecosystems, ecosystem processes andbiological diversity. Land reserved under the Act as National Park, State Conservations Areaand Nature Reserve are cared for, controlled and managed by DECCW. Schedule 13 of theAct contains a list of protected native plants. The proposed works are not located on land2 July 2010 Cardno (NSW/ACT) Pty Ltd 32H:\Doc\2010\Reports.2010\Rep2580v4.doc
Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah Councilsreserved under the NPW Act, however efforts should still be made to minimise harm tonative vegetation and wildlife during the proposed works.The Noxious Weeds Act 1993 was implemented to regulate the impacts and spread ofweeds within NSW. The Act governs the control, classification and removal of weedsdeclared as noxious weeds. Land which is privately occupied requires implementation ofappropriate noxious weed controls under Part 4 of the Noxious Weeds Act 1993. Penaltiesapply if the occupier fails to comply. It is not anticipated that the restrictions of the NoxiousWeeds Act 1993 would be triggered by the proposed works.The Native Vegetation Act 2003 (NV Act) has been reviewed and is not considered relevantto the project. As the project is being carried out under Part 5 of the EP&A Act, Section 25(h) of the NV Act exempts the project from having to comply with the NV Act provided that itcomplies with the Part 5 requirements of the EP&A Act and any conditions of approval.4.4 Aquatic Ecology LegislationThe Fisheries Management Act 1994, administered by the Industry and Investment NSW(I&I NSW) (formerly DPI) applies to any works within aquatic habitats. As the dredging worksare taking place within Manly Lagoon, a Part 7 Permit may be required from I&I NSW(Fisheries) under the Fisheries Management Act 1994. This was also noted in consultationwith the DoL (now LMPA) (Section 3.2). Part 7A of the Fisheries Management Act 1994deals with threatened species conservation.Sections of the Fisheries Management Act 1994 of relevance to this proposal include :Section 199 – a public authority (in this case the LPMA) must seek the concurrenceof I&I NSW before it authorises the carrying out of dredging or reclamation work;Section 200 – permit for local councils to carry out works of dredging or reclamation;Section 205 – permit to harm (cut, remove, damage, destroy, shade etc) marinevegetation (mangroves, seagrasses or any other marine vegetation declared by theregulations);Section 219 – permit to obstruct the free passage of fish (including setting a net,netting or other material across or within a waterway); andSection 220ZW – licence to harm threatened species, population or ecologicalcommunity or damage habitat.However, under Section 200 (2) (b) of the Fisheries Management Act 1994, dredging orreclamation works authorised by a relevant public authority (other than a local governmentauthority) are permitted to be carried out without a Section 200 Permit. Hence, as the LPMA,a public authority, is authorising the dredging works, a Section 200 Permit is not requiredfrom I&I NSW (Fisheries). This was confirmed by correspondence with DPI (Fisheries) (nowI&I NSW) (Section 3.2).The recent Manly Lagoon seagrass survey (Appendix G) undertaken by Cardno EcologyLab (2009a) showed that no seagrass is present in the area proposed to be dredged.2 July 2010 Cardno (NSW/ACT) Pty Ltd 33H:\Doc\2010\Reports.2010\Rep2580v4.doc
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Manly Lagoon Dredging Project - Manly Council - NSW Government

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