Manly Lagoon Dredging Project - Manly Council - NSW Government

Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah CouncilsConsequently, a Section 205 Permit from I&I NSW (Fisheries) will not be required as noareas of seagrass are to be removed during dredging operations.The proposed works will involve employment of silt curtains across or within Manly lagoon;however a Section 219 Permit will not be required. Correspondence with DPI (Fisheries)(now I&I NSW) confirmed that, as LPMA is the approval body for the Manly Lagoon dredgingworks, a Section 219 Permit to obstruct the free passage of fish will not be required.However, I&I NSW (Fisheries) confirmed that LPMA will be required to consult with I&I NSW(Fisheries) and obtain the concurrence of I&I NSW (Fisheries) (Section 3.2).It is considered that a Section 220ZW licence to harm threatened species will not berequired for the works, as the fish surveys described in Section 5.4.2 have not recorded anythreatened fish species in Manly Lagoon.4.5 Water LegislationThe Water Management Act 2000 replaces the repealed Rivers and ForeshoresImprovement Act 1948, and regulates construction activities in close proximity to waterways.Principles set out in the Act generally aim to preserve and/or restore water sources,floodplains, and water dependant ecosystems (including groundwater and wetlands). TheAct also encompasses the protection of habitats, animals and plants which benefit fromwater or are potentially affected by managed activities.A Controlled Activity Approval is commonly required from the Office of Water within theDepartment of Environment, Climate Change and Water (DECCW) for any controlledactivities (including the removal of material by way of extraction) being carried out in, on orunder waterfront land (which includes land up to 40m inland from the mean high water markof the estuary). The proposed dredging operations are to be carried out on waterfront landwithin Manly Lagoon. However, Clause 39A (1) of the Water Management (General)Regulation 2004 provides for all public authorities (other than Landcom) and local councils tobe exempt from Section 91E (1) of the Water Management Act 2000. Therefore, as theworks will be authorised by the LPMA, a public authority, and undertaken by two localcouncils (Manly and Warringah Councils) a Controlled Activity Approval under this Act is notrequired.4.6 Heritage LegislationHeritage within NSW can be generally described under two categories: Aboriginal heritageand non-Aboriginal heritage. The Heritage Act 1977 applies to deposits, objects or materialevidence within NSW which is 50 years old or more and relates to non-Aboriginal settlement.Under the Heritage Act 1977, it is an offence to harm relics protected by Interim HeritageOrders, the State Heritage Register or environmental planning instruments. Furthermore, theremoval of a relic requires an excavation permit from the NSW Heritage Council.The National Parks and Wildlife Act 1974 (NPW Act), administered by DECCW, is theprimary legislation for the protection of Aboriginal cultural heritage in NSW. Part 6 of theNPW Act provides specific protection for Aboriginal objects and places. A Section 87 Permitand subsequently a Section 90 Consent to Destroy under the NPW Act issued by the2 July 2010 Cardno (NSW/ACT) Pty Ltd 34H:\Doc\2010\Reports.2010\Rep2580v4.doc