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PROGRAM REPORT FOR THE STRATEGIC

ASSESSMENT OF THE

HEATHCOTE RIDGE DEVELOPMENT, WEST

MENAI, UNDER THE ENVIRONMENT

PROTECTION AND BIODIVERSITY

CONSERVATION ACT (1999)

February 2013

Prepared for Gandangara Local Aboriginal Land Council By BBC Consulting Planners and Cumberland Ecology

EXECUTIVE SUMMARY ................................................................................................1

1. INTRODUCTION ................................................................................................1

1.1 Background ...................................................................................................... 1

1.2 Consultation ..................................................................................................... 1

2. CONTEXT OF THE PROGRAM AND STRATEGIC JUSTIFICATION .....................3

2.1 Land Release History ....................................................................................... 3

2.1.1 Metropolitan Development Program ...................................................................... 3 2.1.2 Conclusion .............................................................................................................. 4

2.2 Metropolitan Strategic Planning ..................................................................... 4

2.2.1 Metropolitan Plan 2036 .......................................................................................... 4 2.2.2 Regional Strategies ................................................................................................ 6 2.2.3 Conclusion .............................................................................................................. 6

2.3 Demand for Urban Land Uses ......................................................................... 7

2.3.1 Demand for Residential Land ................................................................................. 7 2.3.2 Demand for Employment and Retail Uses ............................................................. 8 2.3.3 Justification for Land Uses ..................................................................................... 9

3. PROGRAM DESCRIPTION ...............................................................................11

3.1 Site Description .............................................................................................. 11 3.1.1 Regional Context .................................................................................................. 11 3.1.2 Property Description ............................................................................................. 12 3.1.3 Site Features ........................................................................................................ 13 3.1.4 Biodiversity, Flora and Fauna .............................................................................. 14 3.1.5 Urban Capability ................................................................................................... 18

3.2 The Program ................................................................................................... 19

3.2.1 Overview .............................................................................................................. 19 3.2.2 Distribution of Land Uses ..................................................................................... 20 3.2.3 Movement Systems .............................................................................................. 21 3.2.4 Development Staging ........................................................................................... 22

3.3 Conservation Area and Biodiversity Management ...................................... 23

3.3.1 Conservation Area ................................................................................................ 23 3.3.2 Ownership and Management Arrangements ....................................................... 24 3.3.3 Conservation Area Management Plan ................................................................. 24 3.3.4 Compensatory Measures ..................................................................................... 27 3.3.5 Managing Cultural Sites ....................................................................................... 28 3.3.6 Managing Riparian Corridors ............................................................................... 28

4. PROGRAM IMPLEMENTATION .......................................................................29

4.1 Legal Framework ........................................................................................... 29

4.1.1 Environment Protection and Biodiversity Conservation Act 1999 ........................ 29 4.1.2 Environmental Planning and Assessment Act 1979 and Regulation 2000 .......... 29 4.1.3 Threatened Species Conservation Act (TSC Act) 1995 ....................................... 33

4.2 Planning Processes and Tools ..................................................................... 34 4.2.1 Land Use Zones ................................................................................................... 34

4.2.2 Principal Development Standards ........................................................................ 34 4.2.3 Infrastructure Requirements ................................................................................. 35

4.3 Conservation Processes and Tools .............................................................. 36 4.3.1 Impacts on Threatened Flora and Fauna and Endangered Ecological

Communities ........................................................................................................ 36 4.3.2 Ecological Corridors ............................................................................................. 37 4.3.3 Attributes of Offsets Package ............................................................................... 38 4.3.4 Aboriginal Cultural Heritage Impacts .................................................................... 41

5. OUTCOMES AND COMMITMENTS FOR MATTERS OF NATIONAL

ENVIRONMENTAL SIGNIFICANCE .................................................................42

5.1 Outcomes ....................................................................................................... 42

5.2 Summary of Commitments ............................................................................ 46 5.2.1 Funding Arrangements for MNES Conservation .................................................. 46 5.2.2 Land Use Zoning .................................................................................................. 47 5.2.3 Sydney Turpentine-Ironbark Forest and Shale/Sandstone Transition

Forest48 5.2.4 Acacia bynoeana, ................................................................................................. 49 5.2.5 Melaleuca deanei ................................................................................................. 49 5.2.6 Koala 50 5.2.7 Grey-headed Flying-fox ........................................................................................ 50

6. PROGRAM EVALUATION REPORTING AND MONITORING ..........................52

6.1 Mechanisms to Monitor Outcomes of the Program ..................................... 52

6.2 Commitment to Regular Public Reporting ................................................... 52

6.2.1 Annual Report ...................................................................................................... 52

6.3 Mechanism to Independently Audit the Program ........................................ 53

REFERENCES

1. Stakeholder Consultation Strategy by EMC and Barker Strategic

2. Stakeholder Consultation Report by EMC and Barker Strategic

3. Housing and Human Services Study by BBC Consulting Planners

4. Heathcote Ridge Employment Study by Urbis

5. Economic Assessment of Appropriate Retail Floorspace by Leyshon Consulting

6. Stage 1 Environmental Site Assessment by JBS Environmental

7. Riparian Corridor Assessment by Harris Environmental Consulting

8. Ecological Assessment by Cumberland Ecology

9. Aboriginal Heritage Assessment by MDCA

10. Bushfire Risk Assessment by ABPP

11. Master Plan Servicing Strategy by Acor

12. Traffic and Transport Assessment by Hyder and Urban Horizons

13. Existing Noise Assessment by SLR Consulting Pty Ltd

14. Land Use Structure Planning Report by Place Design Group

15. Stormwater Management Plan by Acor and James Ball

16. Water Sensitive Urban Design by Acor

17. Conceptual Ecologically Sensitive Design ESD Strategy Report by Acor

18. CPTED Analysis by Urbis

19. Preliminary Geotechnical Desktop Study by Jeffery & Katauskas

J:\2009\09-191\Reports\strategic assessment\final Feb 13\Program Report Final - Amended Feb 2013.docx Page 1

EXECUTIVE SUMMARY

Background

In November 2011, the Commonwealth of Australia, through the Department

of Sustainability, Environment, Water, Population and Communities (SEWPaC)

and Gandangara Local Aboriginal Land Council (GLALC) commenced a

Strategic Assessment under the Environment Protection and Biodiversity

Conservation Act 1999 (EPBCAct) of the potential impacts likely to arise

through the development and management of the Heathcote Ridge

Development Site.

This Program Report (PR) has been prepared in accordance with section 6 of

the agreement between The Commonwealth of Australia and the GLALC. It

describes the program and presents commitments and undertakings for

protection of matters of national environmental significance (MNES).

The Heathcote Ridge Development (the Program) creates residential,

employment and conservation areas and related infrastructure at Heathcote

Ridge Development Site.

Program Background

The release of Heathcote Ridge and other land at West Menai has been on

the State government radar since the 1970s. Prior to Aboriginal land claims in

1986, the State Government and Council had made substantial progress in

rezoning the land. Council had prepared a Local Environmental Study of the

area and had initiated the preparation of a local environmental plan.

As a consequence of the delays associated with the land claims, studies to

investigate and resolve outstanding planning issues were not completed and

the land was removed from the Urban Development Program in 1997 so as not

to distort land supply figures and prevent proper understanding of the real

land supply situation in the outer areas of the Sydney Region.

Studies into land suitability were not completed at this time, interrupted by the

land claim process. Remaining issues included including flora and fauna,

bushfire management, access and proximity to ANSTO and the Lucas Height

Waste Management facility. The Minister at the time noted that the removal of

the West Menai release area did not preclude its reinstatement should future

demand justify it and if supported by environmental, planning, servicing and

economic feasibility studies.

The present State Significant Site Study provides the opportunity to complete

comprehensive planning investigations into the suitability of the previous

release area for development and move forward with the rezoning of the land

for urban and conservation purposes and determining the future land use for

the area.


Program Status

The State Significant Site Study was jointly publicly exhibited with the draft

'Heathcote Ridge Program Report' dated December 2011 and the draft

'Strategic Impact Assessment Report' dated December 2011. This public

exhibition and comment process meets the requirements of the EPBC Act and

the NSW Environmental Planning and Assessment Act 1979 (EP&A Act).

As a result of the submissions made during the exhibition process, amendments

have been made to the program which are incorporated into this final report.

Site Suitability

Heathcote Ridge site comprises a number of allotments that are in the title of

Gandangara Local Aboriginal Land Council (“GLALC”) or subject to land

claims by the Council. The site is located approximately 25km south-west of

the Sydney CBD between the localities of Holsworthy, Menai and Barden Ridge

(Figure 1).


Figure 1 The Site

Detailed investigations indicates that all land suitability issues, including the four

key previously identified constraints of bushfire risk, biodiversity impacts and

offsets, access and adjacent uses can be managed and consequently the site

is suitable for development. Public utility services are available and the site is

capable of being serviced in an efficient manner.


The consideration of site suitability adopted the first principle of avoidance

and minimisation of impacts on biodiversity and cultural areas including MNES

and other main physical constraints to development. This resulted in a

significantly reduced building footprint compared to earlier studies and the

initial concepts prepared by GLALC. Of a total area of 849 hectares,

approximately 283 hectares are considered suitable for development with the

remaining 566 hectares to be protected as a conservation area.

Program

Development

The Land Use Structure Plan (Figure 2) has evolved from a comprehensive

assessment of the characteristics of the site with particular consideration given

to biodiversity, bushfire risk, access and the nature of surrounding land uses.

The key elements of the proposal are:

The provision of a conservation area having an area of 566 hectares;

Approximately 283 hectares of land for urban purposes comprising:

o 51.4 hectares of employment land (including a new village

centre) estimated to provide 4,700 jobs;

o 182.7 hectares of land for residential and associated purposes

including local open space capable of accommodating an

estimated 2,400 homes (7,200 persons);

o New sportsfields and other open space (17.2 hectares), provision

for a school and community facilities; and

o A visitors and cultural heritage centre as a gateway to the

Heathcote Conservation Area;

Creation of distinct residential neighbourhoods linked together via

walking trails, pathways and a central collector road spine;

Provision of an east west arterial road connecting New Illawarra Road

with Heathcote Road;

The provision of bushfire management measures including asset

protection zones, access routes and water services and neighbourhood

safe places.

Conservation

Gandangara will protect approximately 566 hectares of land in perpetuity

conserving significant biodiversity and maintaining an environmental corridor

from Georges River National Park in the north through to the Woronora River,

Defence land and other national parts to the south.

The program footprint has been designed to ensure listed threatened species

and communities are protected within this conservation reserve.


In the limited cases where this is not possible, the submission contains a

package of mitigation and offsets to ensure the overall biodiversity value is

maintained or improved.

The proposal has increased the size of the conservation reserve by nearly 50%,

since the request for State Significant Site Listing, from 380 hectares to more

than 566 hectares.

The site has been, and continues to be, the subject of both illegal dumping

and illegal use by trail bikes and 4WDs. The submission proposes to

progressively clean up the dump sites and remediate all degraded areas.

Almost all the degradation and contamination was done in the many

decades the site was owned by the NSW Government. Notwithstanding this,

Gandangara proposes to pay for the clean up and remediation itself at no net

cost to the NSW Government.

Biodiversity Offset Arrangements

In addition to the provision and protection of the conservation area, other

compensatory measures can be used to offset the loss of biodiversity values

from the development footprint. The avoidance and mitigation measures are

considered adequate for the MNES relevant to the project. Offsetting is

required to address what would otherwise be a net loss of heath, woodland

and forest habitat resulting from construction of the program. As the

Heathcote Ridge project has been designed to avoid and minimise removal of

listed threatened species and communities, the key driver to the offsets

package is the loss of habitat.

A substantial package of compensatory measures is to be developed for the

program including direct and indirect offsets. The offsets package comprises

the following elements, which are discussed in detail in the Ecological

Assessment:

Provision and protection of land on-site (Heathcote Ridge Conservation

Area);

Preparation and implementation of a Biodiversity Management Plan

(BMP) for the Heathcote Ridge Conservation Area (HRCA);

Option for indirect offsets such as research funding.

The offsets package entails establishment of land for permanent conservation

of biodiversity values. The aim to securing land for compensatory measures is

to have a 2:1 offset ratio, which the proponent is committed to providing. This

ratio is considered appropriate given the vegetation to be cleared is

predominately non-MNES vegetation and is relatively abundant and

conserved in the locality, as well as the provision of indirect offsets.


The MNES biodiversity values of the Heathcote Ridge Conservation Area will be

enhanced through the implementation of a BMP and is an important element

of the offsets package.

The offset package has been designed to meet the requirements of both the

State and Commonwealth agencies and to adhere to, where possible, the

NSW Office of Environment and Heritage (OEH) and the Commonwealth

Department of Sustainability, Environment, Water, Population and

Communities (SEWPaC) principles for offsets. Further development of the

offsets package will require consultation with NSW Department of Planning

and Infrastructure (DoPI), OEH and SEWPaC.


Figure 2 Land Use Structure Plan


1. INTRODUCTION

1.1 Background

In November 2011, the Commonwealth of Australia, through the Department

of Sustainability, Environment, Water, Population and Communities (SEWPaC)

and Gandangara Local Aboriginal Land Council (GLALC) commenced a

Strategic Assessment under the Environment Protection and Biodiversity

Conservation Act 1999 (EPBCAct) of the potential impacts likely to arise

through the development and management of the Heathcote Ridge

Development Site.

This Program Report (PR) has been prepared in accordance with section 6 of

the agreement between The Commonwealth of Australia and the GLALC. It

describes the program and presents commitments and undertakings for

protection of matters of national environmental significance (MNES).

The Heathcote Ridge Development (the Program) creates residential,

employment and conservation areas and related infrastructure at Heathcote

Ridge Development Site.

The strategic assessment of the Program under the EPBC Act comprises two

key reports:

the Program Report (this report) which identifies the elements of the

Program and the commitments and undertakings of the GLALC for the

protection and management of matters of national environmental

significance protected under the EPBC Act; and

the Strategic Assessment Report which provides a comprehensive

assessment of the impact of the Program on matters of national

environmental significance.

1.2 Consultation

The Program has been informed by a detailed program of stakeholder

consultation, including the local community. A Stakeholder Consultation

Strategy was prepared and has been implemented.

Consultation has been based on the meaningful dissemination of information

to, and engagement with, relevant parties as part of the Program

development and assessment process.

The consultation achieved the following:


Awareness of the Program across a broad range of stakeholders,

community groups and the community;

Identification of key issues to be addressed;

Processes for on-going consultation.

The consultation included discussions with:

Political stakeholders through briefings with local members and relevant

ministers, local councils (Sutherland Shire and Liverpool City) and local

ward councillors;

A wide range of government agencies by the consultants on the team

in their respective areas of expertise and by the consultation team;

Major adjoining land owners including Department of Defence, Lucas

Heights Waste Resource Recovery Park, ANSTO, Cronulla Model Aircraft

Club, Jenko Pony Club, Benedicts Quarry, Menai Soil and Sands, local

resident groups immediately adjoining the site;

Local community groups including environmental organisations,

resident associations, chambers of commerce and the like.

A Draft Program Report and Draft Strategic Assessment Report were exhibited

together with the State Significant Site Study from 14 December 2011 to 29

February 2012. As a consequence of submissions received, the Program has

been modified and the modified Program is addressed in this report.


2. CONTEXT OF THE PROGRAM AND STRATEGIC

JUSTIFICATION

2.1 Land Release History

2.1.1 Metropolitan Development Program

Since the early 1960’s the Menai area has been considered by the State

government as a potential area for urban expansion. The Sydney Region

Outline Plan released by the State Planning Authority in 1968 identified Menai

as one of the major urban growth areas in metropolitan Sydney. This was a

large area of sandstone plateau and incised gullies bounded by Georges River

to the north, Woronora River the east, Liverpool Military Area to the west and

the Australian Nuclear Science and Technology Organisation (ANSTO)

research facility to the south. The valleys formed by the rivers and tributaries

divided and defined the various planning areas of the Menai release area.

Planning for the area in the late sixties and early seventies identified some 37

planning precincts to be developed in three stages as indicated on Figure 3

with development of the first stage commencing in 1971. West Menai was to

be developed as the second stage and was released in the late 1970s for this

purpose. Stage 3 was to follow.

Figure 3. Menai Release Area Staging 1980’s


2.1.2 Conclusion

Prior to Aboriginal land claims, the State Government, through its planning and

land development agencies (Department of Planning, Crown Lands Office

and Landcom), was progressing the rezoning of the West Menai Release area.

Council had prepared a Local Environmental Study of the area and had

initiated the preparation of a local environmental plan. As a consequence of

the delays associated with the land claims, studies to investigate and resolve

outstanding planning issues were not completed and the land was removed

from the Urban Development Program so as not to distort land supply figures.

The present State Significant Site Study provides the opportunity to complete

comprehensive planning investigations into the suitability of the previous

release area for development and move forward with the rezoning of the land

for urban purposes.

2.2 Metropolitan Strategic Planning

2.2.1 Metropolitan Plan 2036

The Metropolitan Plan for Sydney 2036 released in December 2010 is a major

review of the previous Metropolitan Strategy – City of Cities: A Plan for Sydney’s

Future, 2005. The Metropolitan Plan for Sydney 2036 provides a broad

framework for managing growth and development of Sydney over a 25 year

period. It aims to support continued economic growth for the Sydney region

while balancing social and environmental aspects. It aligns with a number of

State Plan priorities, including promoting jobs closer to home and improving

housing affordability. The Plan draws on the strengths and principles of the

2005 Metropolitan Strategy and the 2010 Metropolitan Transport Plan. With the

integration of transport and land use planning, there is now a much greater

emphasis on a connected and networked city.

The Metropolitan Plan for Sydney 2036 considered higher population

projections than those envisaged under the 2005 Metropolitan Strategy, with

an extra 400,000 people expected in Sydney by 2031. This results in a need for

an additional 770,000 new dwellings by 2036, an increase of 46%.

The Metropolitan Plan for Sydney 2036 seeks to locate at least 70 per cent of

new housing within existing urban areas and up to 30 per cent of new housing

in new release areas. New dwelling targets for the South Subregion

(containing Sutherland Shire) are an additional 58,000 dwellings to 2036. This

can be compared with a target of 35,000 new dwellings to 2031 under the

previous 2005 Metropolitan Strategy, of which 10,000 dwellings were targeted

for Sutherland.

The employment target for the South Subregion to 2036 is an additional 52,000

jobs. This can be compared with a target of 29,000 to 2031 under the previous


2005 Metropolitan Strategy, of which 8,000 additional jobs was the target for

Sutherland.

Approximately 62% of Sutherland Shire residents work outside Sutherland. The

higher proportion of Sutherland Shire residents which travel outside of

Sutherland to work is as a result of there being a shortage of around 50,500 jobs

(i.e. the number of Sutherland Shire residents that work exceeds the number of

jobs in Sutherland by 50,500).

There are no other release areas in Sutherland Shire and land available to

meet the need for employment lands is in short supply. Consequently the site

has potential to meet the revised subregional dwelling and employment

targets.

New Government Announcements

Elements of the Metropolitan Plan for Sydney 2036 are likely to be reviewed by

the new State government. The Premier has announced plans for the

distribution of housing to be more balanced with 50% of new housing within

existing urban areas and 50 per cent of new housing in new release areas.

Location of Release Areas

There are no release areas remaining in the Southern Region of Sydney.

Sutherland Shire has no land remaining for new housing thus making it difficult

for the regional targets for housing to be met in response to the Metropolitan

Plan. These targets can only be met by redevelopment in existing areas for

higher density housing. This limits the choice and range of housing types

available to the market and restricts the provision of new home sites in the

Southern Region.

Unlike much of the North West and South West Growth Centres, West Menai is

capable of being serviced by Sydney Water with existing water and

wastewater systems having capacity to service the development with local

amplifications and lead in mains. It is located in a different geographic area

and different market and thus would appeal to a range of buyers currently

living in Sutherland Shire and the South Subregion and who are looking for an

opportunity to buy a home site or house locally so that they can remain in the

area. In this way the release of land at Heathcote Ridge would complement

release areas in the North West and South West Growth Centres and broaden

the range of new housing locations in metropolitan Sydney.

The release of land at West Menai for residential purposes will contribute to the

geographic market spread of housing supply including housing for the aged

and disabled and affordable housing.


Conclusion

The development finalises the planning process for West Menai that

commenced in the 1970’s. It will enable the population and employment

targets for the South Subregion in the Metropolitan Plan to be met with an

additional release in a market different from other release areas. It completes

the planning for the release of the site that commenced with the Sydney

Region Outline Plan.

2.2.2 Regional Strategies

The Draft Sydney South Subregional Strategy was exhibited between

December 2007 and March 2008. It reflects the housing and employment

targets in the 2005 Metropolitan Strategy with dwelling targets set at 35,000

dwellings compared to 58,000 dwellings under the Metropolitan Plan for

Sydney 2036.

The Draft Sydney South Subregional Strategy includes an additional dwelling

target of 10,000 for Sutherland. This would increase to approximately 16,500

dwellings proportionally under the new Metropolitan Plan. The Draft Sydney

South Subregional Strategy requires substantial review to identify the location

of an additional 23,000 dwellings to 2036.

West Menai is identified as a potential employment area to be investigated in

the Draft Sydney South Subregional Strategy. The potential for the subregion to

attract knowledge and high skill industries to support emerging education and

medical facilities and to benefit from research projects being undertaken by

CSIRO and ANSTO at Lucas Heights is recognised in the strategy and drives the

concepts for employment lands on the site.

The employment capacity target for the subregion to 2031 is 29,000 additional

jobs, 8,000 of which are targeted to Sutherland local government area.

The Draft Sydney South Subregional Strategy is to be reviewed and finalised

having regard to the revised population and employment forecasts in the

Metropolitan Plan for Sydney 2036. It is considered that the land at West Menai

can perform an important role in meeting the supply targets for the subregion

in a manner that provides a greater diversity in housing choice at the

metropolitan and local levels.

2.2.3 Conclusion

The urban release of Heathcote Ridge will assist in achieving the population

and employment targets for the South Subregion in the Metropolitan Plan for

Sydney 2036 reflected in subregional and local strategies. The demographic

and housing market characteristics of this area are different from those in other

release areas enabling this release area to complement other releases in the

south west growth sector. The availability of essential services such as water,

sewerage and electricity ensures that the release of the area will provide


efficiencies in land development and provide for a cost effective

development process and provide the opportunity for the development to

meet the cost of all infrastructure the development creates a demand for at

no net cost to government.

2.3 Demand for Urban Land Uses

2.3.1 Demand for Residential Land

The Draft Southern Sub-Regional Strategy identifies the need for an additional

35,000 dwellings by 2031, with 28% of these to be provided in Sutherland Shire.

The Metropolitan Plan increases the projected dwelling numbers in the

subregion and the current government announced a higher proportion of new

dwellings will be provided in greenfield locations.

Population trends in Sutherland indicated a falling population. Between 2001

and 2006 the population of the LGA declined by 0.1% per year (1,300 people

in total). The population of the Menai area also declined, by approximately

900 people (or -0.6% per year). There has been limited new development, with

the number of dwellings in the Menai area increasing by 186 between 2001

and 2006 (0.4% per year).

Land availability in the Menai area is scarce and previous smaller releases by

the GLALC have experienced strong demand. Additional land supply is

required to meet the subregional dwelling projections.

Demand for residential land is expected to remain strong and from a range of

sources. A key element of demand is likely to be from existing residents of

Sutherland Shire who do not want to leave the area.

Consultations have also indicated strong demand for land by Defence

Housing Authority because of the proximity of the site to the Holsworthy Military

Area.

The development would occur over a time frame of about 25 years and there

will be a number of property cycles during this time. Consequently, current

local market conditions, although indicative of a strong demand for land for

residential purposes, are of little relevance to the longer term position. The

fundamental indicator is the lack of land for urban release in the south of

Sydney and the important contribution Heathcote Ridge can make to

meeting metropolitan dwelling targets on a site suited for this purpose and for

which planning and service delivery has been commenced but not

completed.

Investigations have shown that housing affordability is a critical issue in

Sutherland Shire and is clearly apparent on numerous measures. Without an

increase in more affordable stock it is likely that supply shortages and


continued high demand will lead to increasingly higher market prices,

increasing social inequity. Studies have found that:

A large proportion of ageing residents are living alone in dwellings best

suited to families. Not all want, or can afford, to downsize into the

housing forms currently available.

Young couples, with and without children, and young adults purchasing

their first home being unable to remain in (or return to) Sutherland Shire,

near their families and social networks. Many children of residents are

currently having to find their first home elsewhere.

Key workers are unable to afford to live near their places of

employment. This has a number of indirect economic and social

impacts on the LGA. Key workers provide critical services to the

community including education, police, childcare, aged services,

health care and hospitality. There is a risk of future labour supply

shortages, if people choose not to work in high cost areas.

Housing Affordability also extends to the rental market.

The socio-economic profile of the Shire is becoming polarised, with a

segment of the community slowly being excluded from the Shire by

housing costs.

The Shire is not currently supplying enough dwellings to meet

Metropolitan Strategy targets and this is likely to be the case for at least

the next few years.

The Shire has no land remaining for new housing. A report by Hill PDA1 in

support of a major project application elsewhere in the Shire identified

under 3,000 dwellings currently in the Shire’s land development pipeline.

Within the study locality there were just 235 dwellings.

Additional measures will be required to meet the new targets in the

Metropolitan Plan for Sydney 2036. There is considerable potential for

Heathcote Ridge to assist in this process.

2.3.2 Demand for Employment and Retail Uses

Detailed investigations have been undertaken into the demand for, and

supply of, employment in Sutherland and the capability of the site to meet that

demand.

The draft South Sub-Regional Strategy shows that Sutherland has an estimated

365 hectares of zoned employment lands (127 hectares of business land and

238 hectares of industry land). Most of this land is developed, with just 5%

estimated to be vacant. Much of the employment lands in Sutherland are

highly fragmented, and service local industry such as car repairs, panel

beaters and other start up local industrial businesses.

1Hill PDA (2010) ‘A centre’s study for Sutherland Shire’


The key employment precincts in Sutherland Shire are highly constrained

and/or already highly developed and have limited opportunity for additional

development.

The draft South Sub-Regional strategy identifies part of Heathcote Ridge as

future employment land.

Future employment opportunities align with campus style development that

can accommodate a mix of light industry, offices, technology park and

research and education related uses. Parallels can be drawn to

developments which include a range of employment uses including office,

industrial, medical and pharmaceutical manufacture, data centres, retail and

hospital uses. The existing facilities at the ANSTO Corporate Park and CSIRO

would serve as a natural incubator to be built upon to meet the Shires

employment targets. Such facilities are well linked to areas such as medical

research and higher education uses, which are part of the two of the higher

employment growth sectors for Sutherland Shire. A satellite campus for the

University of Wollongong is an example of a higher education use that might

be well suited to the site.

Improvements to the regional road network resulting from the east west link

road and any necessary upgrades to Heathcote Road would reduce travel

times between Sutherland and Liverpool and increase the attractiveness of the

site as an employment area. There is the potential for resultant improvements

in public transport including bus services to Holsworthy and Sutherland stations

and additional metro bus services.

Investigations into retail needs for the development have been undertaken.

This report estimated the retail facility and associated town centre facility

requirements to meet the needs of the resident population and development.

The report finds that the development (7,500 residents and 4,700 jobs will

require retail and related floor space. Such a centre would be anchored by a

full-line supermarket of around 3,000 square metres.

2.3.3 Justification for Land Uses

The site has an area of approximately 849 hectares of which about 566

hectares (66.7%) are to be retained in a natural state and protected as a

conservation area.

The area identified for rezoning for urban development will provide a

balanced mix of residential and employment uses accommodating

approximately 4,700 workers and 7,500 residents in locations that respond to

site conditions and build on existing communities.

These uses will occupy approximately 283 hectares of the total 849 hectare site

with 566 hectares identified for conservation.


It is considered that the land uses are justified for the following main reasons:

The uses are consistent with the capability of the land;

The residential land uses will make an important contribution to meeting

regional land supply targets in a manner that is sustainable and

achievable;

The employment uses are consistent with sub-regional planning strategy

for the area and provide a significant opportunity to redress the

imbalance between residents and jobs within Sutherland Shire;

Major utility services are available or can be readily extended to meet

the needs of the development;

The uses provide the opportunity for improved access in the wider area

with the construction of an extension of the Bangor Bypass to

Heathcote Road and the upgrade of Heathcote Road;

The conservation lands contain threatened species, populations and

communities and areas of Aboriginal archaeological importance.

In particular the extensive investigations undertaken by GLALC Study build on

previous studies and indicate that part of the site is capable of urban

development. Key stakeholder and community concerns relating to

biodiversity protection, access and bushfire management can be provided

and satisfactorily managed.

Previous investigations into the area by government agencies and Council at

the time of the release area planning for West Menai indicated potential for

about 5,000 home sites for over 18,000 persons and almost 60 hectares of

industrial land. The additional investigations undertaken as part of this study

and the overarching objectives of achieving a sustainable development

outcome have resulted in a reduction in the planned urban footprint to

accommodate approximately 2,400dwellings and 51.4 hectares of

employment land with the majority of the site and adjoining lands retained as

bushland.


3. PROGRAM DESCRIPTION

3.1 Site Description

3.1.1 Regional Context

Heathcote Ridge is located approximately 25km south-west of the Sydney CBD

between the localities of Holsworthy, Menai and Barden Ridge. Lucas Heights

is located a few kilometres to the south. The site is 10km south-east of

Liverpool, and about 6km west of Sutherland (Figure 4).

Figure 4 Regional Context.

The site is located on the western extremity of Sutherland Shire adjoining the

City of Liverpool. It comprises steeply sided sandstone plateau with valleys

formed by Mill Creek and its tributaries draining northward to Georges River. A

small part of the site drains to the east to Woronora River.

The western boundary is Heathcote Road and the site extending eastward

across Mill Creek to the edge of the existing Menai residential area close to

New Illawarra Road. Both Heathcote Road and New Illawarra Road connect

to the M5, 6km to the north of the site. Heathcote Road joins the Princes

Highway about 9km to the south of the site.


3.1.2 Property Description

Heathcote Ridge site comprises a number of allotments that are in the title of

Gandangara Local Aboriginal Land Council (“GLALC”) or subject to land

claims by the Council. Figure 5 shows the site.

The total site area is approximately 849ha in area. All lands other than LC 1692

and LC 6431 are owned by GLALC as the registered proprietor of freehold title.

LC 1692 is a land claim that has been granted and a survey has presently

been conducted at GLALC’s expense in order to effect the transfer of the land

from the Crown to GLALC, again as the registered proprietor of freehold title.

LC 6431 is an undetermined land claim. This means that a claim has been

lodged by GLALC pursuant to the provisions of the Aboriginal Land Rights Act

(ALRA) but no decision has yet been made by the relevant Minister. The ALRA

does not provide any statutory timeframe for the determination of land claims

so GLALC is unable to advise the timing for resolution of this outstanding land

claim.

Figure 5. Site Details


3.1.3 Site Features

Typical of the suburbs of Menai, Bangor, Bardens Ridge, Alfords Point and

Illawong, the site comprises sandstone ridges incised by steep weathered

gullies and creeklines. These plateau areas are on the eastern and western

sides of Mill Creek which runs from south to north towards Georges River. The

upper slopes of Mill Creek on the eastern side of the creek up to the ridge line

formed by New Illawarra Road is developed for urban purposes whilst the

upper slopes on the western side bound by the western ridge along which runs

Heathcote Road is undeveloped and are the primary focus of this study.

Figure 6 Site Features


3.1.4 Biodiversity, Flora and Fauna

The vegetation within the project area is predominantly native and forms a

mosaic of heath, woodland, forest and wetland and reflects topography,

geology and drainage. Topography provides the primary influence to broad

vegetation types, with geology and drainage contributing to divide these into

specific vegetation communities. The project area has a history of usage for

illegal recreational purposes including trail bike riding, 4WD driving and

bushwalking. In addition, the north western portion of the project area was

previously used for gravel mining.

The vegetation communities on the site include Shale/Sandstone Transition

Forest and Sydney Turpentine-Ironbark Forest listed under the EPBC Act.

Figure 7. Vegetation Communities

Flora

Nearly 400 flora species have been recorded from the project area during the

ecological assessment. The dominant plant families encountered within the

study area have consistently been represented by the Myrtaceae,

Proteaceae, Fabaceae, Ericaceae and Poaceae families. Myrtaceae is the

family represented by the highest diversity of species. The floral assemblage

across the project area is largely typical of dry sclerophyll sandstone

vegetation, however some areas show an influence of clay.


The following EPBC threatened flora species were recorded within the project

area:

Acacia bynoeana(Bynoe’s Wattle) (EPBC Act: Vulnerable; TSC Act:

Endangered); and

Melaleuca deanei(Deane’s Paperbark) (EPBC Act: Vulnerable; TSC Act:

Vulnerable).

A number of threatened flora species known from the locality have the

potential to occur within the project area.

Fauna

The fauna habitats within the project area occur within the heath-woodland,

woodland and forest vegetation communities and within the permanent and

ephemeral water resources.

Over 100 vertebrate fauna species were recorded during the ecological

assessment, with the majority of species being native. This includes 10

amphibian, 66 bird, 24 mammal and 14 reptile species. The Grey-headed

Flying-fox (Pteropuspoliocephalus) (EPBC Act: Vulnerable) is the only EPBC

listed threatened species.

A number of threatened fauna species known from the locality have the

potential to occur within the project area.

The extent of impact on biodiversity values has been minimised by altering the

development footprint to avoid or minimise direct impacts to MNES. Key

communities that have been avoided include Shale/Sandstone Transition

Forest and Sydney Turpentine-Ironbark Forest. In addition, the development

footprint has been amended to avoid some areas of known occurrence of

threatened flora species. The development footprint has been reduced at

two locations in the northern portion of the project area to avoid direct

impacts to patches of Melaleuca deanei (Deane’s Paperbark).

Wider Biodiversity Connections

The site forms the edge of a continuous area of habitat that extends north

through Georges River National Park, west through Holsworthy Military Area

(Commonwealth Lands) and south towards Heathcote National Park. Beyond

Heathcote National Park, the area of habitat continues south and south west,

and includes Royal National Park, Dharawal State Conservation Area and

Nattai National Park. On a finer scale, detailed examination of the vegetation

and landscape of the area indicates numerous movement corridors for

wildlife. Movement of some species from the project area to adjacent areas

of habitat is impeded by Heathcote Road along the western boundary and

New Illawarra Road in the south eastern portion. Connectivity to Holsworthy


Military Area is restricted for some fauna species due to the presence of a

fence line.

Cumberland Ecology2 found that there are large areas of nearby known

habitats for all of the impacted threatened flora and fauna within the site.

In relation to other MNES areas:

No World Heritage Properties occur within the locality of the project

area;

One Natural Heritage Place, “Royal National Park and Garawarra State

Conservation Area”, occurs 3km south east of the project area. The

Program is not considered to result in an impact to Royal National Park

and Garawarra State Conservation Area; and

One Wetland of International Significance, “Towra Point Nature

Reserve”, occurs within the locality of the project area. The project area

occurs 11km west of Towra Point Nature Reserve. The Program is not

considered to result in an impact to Towra Point Nature Reserve.

2Draft Strategic Assessment Report Heathcote Ridge, West Menai, prepared for Gandangara

Local Aboriginal Land Council by Cumberland Ecology with input from BBC Consulting

Planners July 2012


Figure 8 Vegetation Mapping in Locality (as per DECCW, 2009)


3.1.5 Urban Capability

The Heathcote Ridge Study Area contains a number of key opportunities and

constraints. These include:

Constraints

Aboriginal Cultural Heritage areas need to be retained and protected;

Areas with biodiversity significance including threatened species and

ecological communities and connections with surrounding bushland

areas;

Retention of riparian corridors along major streams;

Contamination issues – The site has been subject to illegal dumping and

other contamination issues that will require ongoing management;

Steep land formation and geology constraints with rock formations and

land slip issues;

Bushfire Hazards;

Existing transport and infrastructure is limited and will need to be

upgraded; and

Relationships with adjoining lands such as the Cronulla Aero Club,

Holsworthy Training Area the Lucas Heights Resource Recovery Park and

uses along new Illawarra Road to be managed.

Opportunities

The site has the capacity to contribute to meeting the dwelling needs of

the southern subregion and achieving metropolitan planning targets for

new dwellings;

Opportunity to promote sustainable urban development in an area

readily capable of access to utility services;

Increased employment within the Sutherland LGA providing ‘live work’

opportunities and opportunities to reduce job retention in the Shire;

the on-going management of the majority of the site for conservation

purposes integrated with the management of adjoining and nearby

lands of conservation value;

Education (opportunities for partnerships, indigenous scholarship

programs, technology and health related courses);

Heritage promotion and interpretation – opportunity to improve amenity

of the site and incorporate indigenous heritage interpretation;

New retail services to support the local community;

New open space and community services to meet the needs of the

development;

Opportunities for improvements to the State road system by the

provision of an additional east west transport link.


The analysis indicates that the four key previously identified constraints of

bushfire risk, biodiversity impacts and offsets, access and adjacent uses can be

resolved in the design and implementation of the development.

The site is suitable for development and capable of being serviced in an

efficient manner with headworks already in place with capacity to

accommodate the needs of the development in key infrastructure areas.

3.2 The Program

3.2.1 Overview

Heathcote Ridge has the potential to create a high quality, environmentally

sustainable new community that is well connected, protects important

ecological areas, integrates with adjoining urban and bushland areas and

provides a range of living, working and recreational opportunities.

A Land Use Structure Plan for the site has been prepared by Place Design

Group with input from the consultant team (Figure 2). The Structure Plan takes

into consideration the inputs and views of the local community. The Land Use

Structure Plan will be implemented by appropriate zoning and planning

controls in Schedule 3 of SEPP (Major Development) 2005.

Urban development will take place over part of the site with the majority of the

site to be protected as a conservation area to be managed by the GLALC.

Offsets are provided to compensate for the loss of bushland associated with

urban development.

The urban design is driven by the need to protect areas of biodiversity

significance, to provide adequate protection from potential catastrophic bush

fire events and to provide adequate access to the site for private vehicles and

public transport.

The key elements of the proposal are:

The provision of a conservation area comprising 66.7% of the site and

having an area of 566 hectares;

Of the remaining 283 hectares of land, urban purposes comprise:

o 51.4 hectares of employment land (including a new village

centre) estimated to provide 4,700 jobs;

o 182.7 hectares of land for residential and associated purposes

including local open space capable of accommodating an

estimated 2,400 homes (7,200 persons);

o New sportsfields and open space (17.2 hectares), provision for a

school - and community facilities;

o A visitors and cultural heritage centre as a gateway to the

Heathcote Conservation Area;


Creation of distinct residential neighbourhoods linked together via

walking trails, pathways and a central collector road spine;

Provision of an east west arterial road connecting New Illawarra Road

with Heathcote Road;

The provision of bushfire management measures including asset

protection zones, access routes and water services and neighbourhood

safe places.

As with the remainder of Menai, the urban structure is influenced by

topography with development located generally on the plateau areas

containing the more gently sloping lands.

3.2.2 Distribution of Land Uses

The Structure Plan accommodates the following principal land uses.

Employment Lands

Employment land is generally along Heathcote Road. This enables good

access from Heathcote Road with minimal intrusion of non-residential traffic

into residential areas. It also assists in providing the necessary protection to

residential areas from bushfire threat from the Holsworthy Military Area to the

west.

The employment land is bounded by Heathcote Road to the west and the

north south collector road which separates the employment land from the

residential land and provides good accessibility to employment uses. The

linear structure facilitates effective delivery of public transport.

The employment lands are expected to see a number of phases of

development over time from less intensive uses initially which in time could be

replaced by higher order employment uses.

It is expected that the employment zones will be attractive to businesses

seeking a campus setting in an environment where innovation in sustainability

and synergies with facilities at Lucas Heights or universities is encouraged and

who would be drawn to the available local skilled labour market.

Residential Precincts

Residential precincts are accessed from the north south collector road with

access to Heathcote Road controlled to a number of points to enable the

arterial road network to operate safely and efficiently.

Each precinct is seen as developing with a focal point including a local park

and possibly a small convenience or neighbourhood shop. The topography of

the site enables each precinct to be structured so that every dwelling is within


400 metres walking distance to the focal point or collector road along which

bus services can operate. This focal point may include the defined

neighbourhood safe place in the event of major bush fire.

Flexibility is provided in the general residential areas to facilitate a variety of

housing types and more affordable housing.

Village Centre

The village centre is close to the middle of the residential areas. Originally

located in the northern precinct, the centre has been relocated in response to

community feedback on the need for a community centre earlier in the

development process rather that in a precinct that will be one of the last to

develop.

The centre has been located close to the east west arterial connection so as

to benefit from a more central location and exposure to traffic movements.

It is considered that the town centre will be the focus of the new residential

and working communities and will be the location of any primary school,

sportsfield, community centre and related uses.

Open Space and Community Facilities

Land is provided to accommodate a range of open space and community

facilities to meet the needs of the development.

3.2.3 Movement Systems

Street System

The road network system remains generally the same and includes:

An east west arterial connection linking New Illawarra Road to

Heathcote Road;

A collector road system including a north south collector separating the

employment and residential lands and complementing the function of

Heathcote Road;

Local streets providing access to the residential and employment

areas;

Bushland esplanade discussed above and separating urban areas from

the conservation area.

Streets will accommodate pedestrian and cycle movements.

The development will contribute to the need for network improvements off the

site with the details to be finalised on completion of additional modelling.


A number measures are identified to influence and change travel behaviour

to bring about sustainable travel to and from Heathcote Ridge. Road

improvements will be staged in accordance with the development so that

required infrastructure is provided to meet the needs of the development.

Provision will be made for this infrastructure in a Voluntary Planning Agreement

to be entered into by GLALC and the Minister for Planning.

3.2.4 Development Staging

Development will occur in a staged manner with the direction of development

driven by economies in the provision of access and infrastructure services and

the timing of development influenced by demand and take up rates.

Precincts on the eastern side of the site adjacent to existing urban areas will be

developed in the early stages with servicing provided as a logical extension of

existing services.

Development of the western precincts requires the staged provision of the east

west access road. This road may be constructed in stages with the first stage

extending to Precinct 8 allowing this precinct to be released. The remaining

sections of this road would then be constructed allowing the development of

precincts from the east west connector heading north and south.


Figure 9. Planning Precincts

3.3 Conservation Area and Biodiversity Management

3.3.1 Conservation Area

The Heathcote Ridge Conservation Area (HRCA) comprises that part of the site

outside the land zoned for an urban purpose. The HRCA contains areas of the

same heath vegetation communities and habitats in a comparable condition

to those that will be removed within the development footprint as well as

additional vegetation communities including threatened ecological

communities listed under the EPBC Act. The purpose of the HRCA is to protect

and enhance a significant area of vegetation and associated habitat that will

assist in the persistence of biodiversity values for the listed threatened species

and communities known or potentially occurring within the project area.


Approximately 566ha of land, including native vegetation, will be retained

within the HRCA including examples of the vegetation communities to be

removed within the development footprint. Two listed EPBC Act threatened

communities will be conserved within the HRCA; Shale/Sandstone Transition

Forest and Sydney Turpentine Ironbark Forest. No area of EPBC listed

threatened communities are to be cleared within the development footprint.

The HRCA contains substantial areas of habitat for threatened flora and fauna

species known from the project area and locality. Areas containing known

and potential habitat for Acacia bynoeana and Melaleuca deanei occur

within the HRCA. Known and potential habitat for the Grey-headed flying fox

recorded within the project area will also be retained within the HRCA.

Habitat for a number of potentially occurring flora and fauna species also

occurs within the HRCA. The HRCA will contribute to retention of a sizeable

tract of foraging, roosting and dispersal habitat for threatened species that are

predicted to be impacted by the project.

3.3.2 Ownership and Management Arrangements

The HRCA will be zoned environmental conservation and will be retained in the

ownership of GLALC who will fund the preparation and implementation of the

BMP. The environmental conservation land use zoning has the following

objectives:

(a) to protect, manage and restore areas of high ecological, scientific,

cultural or aesthetic values,

(b) to prevent development that could destroy, damage or otherwise

have an adverse effect on those values

(c) To allow recreational uses compatible with the biodiversity values of

the area.

Development for any of the following purposes is permitted only with

development consent:

drainage; environmental protection works; environmental facilities;

flood mitigation works; information and education facilities; kiosks;

recreation areas; roads; sewerage systems; stormwater management

systems; water reticulation systems; water supply systems; waterbodies;

waterway or foreshore management activities.

Development consent for any works within this area requiring consent would

be obtained from the relevant consent authority.

3.3.3 Conservation Area Management Plan

The biodiversity values of the HRCA will be enhanced through the

implementation of a Biodiversity Management Plan (BMP). The BMP will build

upon the management of the native vegetation within adjacent areas to

assist in enhancing the integrity of the biodiversity values in the locality. The

long term protection of the HRCA and the implementation of best practice


management strategies will achieve long term conservation outcomes

including threatened species, populations and ecological communities listed

under the EPBC Act. As numerous cultural heritage sites occur within the

HRCA, these will also be included within the management actions within the

BMP. Bushfire management requirements will also be included.

GLALC proposes the preparation of a comprehensive BMP for the HRCA prior

to the commencement of the development to incorporate all of the impact

mitigation and management measures to be undertaken for the project, and

provide detailed specifications for their implementation. The BMP will also

include provisions for bushfire management, cultural heritage management

and public access. The purpose of the BMP is to ensure that the conservation

objectives of the project are met and that impacts to biodiversity are

adequately managed in perpetuity.

The BMP will be a working document that guides all facets of biodiversity

management and biodiversity mitigation for the project, and includes clear

objectives and actions. The BMP will specify what measures will be

undertaken, how they will be undertaken, and will provide a timeline to ensure

that all activities are conducted according to the plan. The BMP will provide

key performance indicators against which to measure progress and will specify

appropriate review periods where progress is reviewed and the document

updated as required.

The development of the plan will include consideration of the following

management plans and guidelines for relevant lands within the locality:

Georges River National Park Plan of Management (NPWS 1994);

Plan of Management: Natural Areas – Lucas Heights Conservation Area

(Sutherland Shire Council, unpublished);

Royal National Park, Heathcote National Park and Garawarra State

Recreation Area Plan of Management (NPWS 2000);

Guidelines for developments adjoining Department of Environment and

Climate Change lands (DECC 2008).

Harmonising management arrangements across administrative boundaries will

result in significant benefits in terms of biodiversity protection, management

efficiencies, integrated access and management arrangements and

educational and scientific research.

Consultation with relevant adjacent land owners, including Department of

Defence (Holsworthy Military Area), Office of Environment (Georges River

National Park), Sutherland Shire Council (Lucas Heights Conservation Area)

and ANSTO, to assist in establishing a subregional objectives of biodiversity

management. These objectives can be incorporated into the BMP for the

Heathcote Ridge Conservation Area.


Key management components to be addressed within the BMP include:

Mitigation measures, such as erosion and sediment control, to reduce

impacts from the adjacent development footprint;

Management of general biodiversity values:

o Measures to instigate the cessation of illegal recreation uses of

the project area (eg. Trail bike riding, 4WD driving);

o Erosion and sedimentation controls;

o Closure and rehabilitation of existing tracks;

o Rehabilitation and stabilisation of riparian zones;

o Weed management including measures for prevention,

suppression, control, and maintenance; and

o Feral animal control.

Management of threatened species and threatened ecological

communities:

o Translocation of Acacia bynoeana from the development

footprint to similar habitat within the HRCA and associated

monitoring;

o Enhancement and rehabilitation of threatened ecological

communities including Sydney Turpentine Ironbark Forest and ,

Shale/Sandstone Transition Forest;

o Enhancement and rehabilitation of habitat within the HRCA

suitable for Melaleuca deanei and Acacia bynoeana; and

o Monitoring of threatened flora and fauna populations.

Bushfire management;

Protection and management of cultural heritage sites in conjunction

with GLALC;

Management of ongoing uses of the HRCA:

o Development of access management protocols to determine

access for permissible activities, such as implementation of the

BMP and walking tracks;

o Details of any requirements for fencing and signage relating to

access rights within the various areas of the HRCA; and

o Establishment and maintenance of authorised walking tracks.

Monitoring of biodiversity values to guide adaptive management (see

below for further detail).

Extensive areas of land are managed for conservation in the locality. The

Biodiversity Management Plan (BMP) will describe the detailed management

actions to achieve the outcomes and commitments for MNES as set out in

Section 5 of the Program Report. Feasible targets for management measures

are incorporated into the BMP. The details of funding arrangements are to be

contained in the Biodiversity Management Plan, the preparation of which is to

be a required under a Planning Agreement between the Minister for Planning


and Infrastructure and Gandangara Local Aboriginal Land Council in the

course of preparation.

3.3.4 Compensatory Measures

No area of Shale/Sandstone Transition Forest and Sydney Turpentine-Ironbark

Forest which are listed under the EPBC Act will be removed within the

development footprint. There may be indirect effects on these communities.

Potential impacts on EPBC listed species include:

Removal of known habitat for Acacia by noeana, and Melaleuca

deanei and removal of potential habitat for these and other potentially

occurring flora species; and

Removal of known and potential habitat for the Grey-headed Flying-

fox.

The avoidance and mitigation measures are considered adequate for the

MNES relevant to the project. Offsetting is required to address what would

otherwise be a net loss of heath, woodland and forest habitat resulting from

construction of the program. As the Heathcote Ridge project has been

designed to avoid and minimise removal of listed threatened species and

communities, the key driver to the offsets package is the loss of habitat.

The project area occurs in proximity to a substantial reserve system including

Georges River National Park, Heathcote National Park and Royal National

Park, which provide long-term security for listed threatened species and

communities. Despite the high level of conservation of similar biodiversity

values, compensatory measures for the project have been developed to

supplement the avoidance and mitigation measures, and are being used to

offset the loss of biodiversity values from the development footprint.

The package of compensatory measures for the project includes direct and

indirect offsets. The package comprises the following elements:


Area);

Preparation and implementation of a Biodiversity Management Plan for

the Heathcote Ridge Conservation Area including provisions for:

o Ongoing management;

o Translocation of Acacia bynoeana within the Heathcote Ridge

Conservation Area; and

o Ongoing monitoring.

Option for indirect offsets such as research funding.



OEH principles for offsets.


3.3.5 Managing Cultural Sites

Cultural sites within the conservation area are to be managed in accordance

with an Aboriginal Heritage Management Plan to guide ongoing

management of Aboriginal heritage within the conservation area and future

urban areas in accordance with the recommendations of the Aboriginal

Heritage Assessment Report.

3.3.6 Managing Riparian Corridors

A Riparian Corridor Assessment has been prepared for the study area by Harris

Environmental Consulting. In most cases, the width of the Core Riparian Zone

(CRZ) is no more than 1m at the head and gradually widens downstream with

increasing catchment.

The BMP for the conservation area will include management of riparian

streams within this area. This includes the majority of streams on the site.

In some cases the upper reaches of lower order streams (order 1 streams) are

located within land to be zoned for urban development. Such streams have

been disturbed in many instances by human activity on the site and resulting

erosion and vegetation removal. These water courses will be managed

through the urban design process and will be protected as required with

appropriate buffer zones. The appropriate management measures will include

grass swales.


4. PROGRAM IMPLEMENTATION

4.1 Legal Framework

The Program will be implemented via a statutory planning and infrastructure

contribution framework established under environmental and planning

legislation.

4.1.1 Environment Protection and Biodiversity Conservation Act 1999

The Commonwealth EPBC Act establishes a requirement of Commonwealth

environmental assessment and approval for:

actions that are likely to have a significant impact on matters of

national environmental significance; and

actions that are likely to have a significant impact on the environment

on Commonwealth land..

If the Commonwealth Environment Minister determines that an approval is

required under the EPBC Act, the action is deemed to be a ‘controlled action’

and must undergo assessment under the EPBC Act and obtain an approval

under the EPBC Act prior to being undertaken.

The EPBC Act also provides for strategic assessment (s146 of the EPBC Act) of a

policy, plan or program. These strategic assessment provisions of the EPBC Act

allows for the approval of actions or classes of actions if they are taken in

accordance with an endorsed a policy, plan or program. Within this context, a

strategic assessment is a single process that can address a range of activities

that would otherwise be assessed on a project-by-project basis. This process

enables early consideration of MNES in the planning process, provides greater

certainty over future development and reduces administrative burden by

negating the need for individual development approvals under the EPBC Act.

4.1.2 Environmental Planning and Assessment Act 1979 and Regulation

2000

The EP&A Act and Regulation guide planning and development in NSW

including preparation of environmental planning instruments that control

development on land.

The EP&A Act regulates the implementation and enforcement of planning

powers. It makes provision for the preparation of environmental planning

instruments that control development on land. EPIs include the State

Environmental Planning Policy (Major Development) 2007 (the Major

Development SEPP) under which the site is being rezoned.

Schedule 3 of the Major Development SEPP identifies a number of sites in NSW

that are determined to be State Significant. This schedule rezones these sites


and determines appropriate development controls to direct future

development.

On 22 September 2010, the then Minister for Planning agreed to consider a

proposal to have the site included as a State Significant Site. A study is in

support of the proposal to have the SEPP amended to include Heathcote

Ridge has been prepared addressing the SSS Study Requirements issued by the

Director-General of the Department of Planning and the requirements of the

Major Development SEPP.

The SSS Study Requirements calls for an assessment of the sustainability criteria

for new land releases in the 2005 Metropolitan Strategy. The proposal readily

meets these sustainability criteria for new land releases in the 2005

Metropolitan Strategy. This justifies the suitability of the site for residential

development and the reinstatement of the site on the Metropolitan

Development Program.

Clause 8 of the Major Development SEPP requires the SSS Study to consider the

State or regional planning significance of the site. These provisions of the Major

Development SEPP are used to deliver the State’s planning objectives on major

sites important in the implementation of the Metropolitan Plan and other

regional strategies. The provisions facilitate major investment in significant

economic and employment generating development in NSW.

The criteria for determining whether a site is of State Significance is set out in

the Department of Planning’s Guideline for State Significant Sites under the

Major Projects SEPP which requires that a State Significant Site must be of State

or regional planning significance because of its social, economic or

environmental characteristics. One or more of the following criteria are to be

met:

(a) be of regional or state importance because it is in an identified

strategic location (in a State or regional strategy), its importance to a

particular industry sector, or its employment, infrastructure, service

delivery or redevelopment significance in achieving government policy

objectives; or

(b) be of regional or state environmental conservation or natural

resource importance in achieving State or regional objectives.; or

(c) be of regional or state importance in terms of amenity, cultural,

heritage, or historical significance in achieving State or regional

objectives. For example sensitive redevelopment of important heritage

precincts; or

(d) need alternative planning or consent arrangements where:

(i) added transparency is required because of potential

conflicting interests

(ii) more than one local council is likely to be affected.


It is considered that the proposal satisfied these criteria for the following

reasons.

(a) be of regional or state importance because it is in an identified strategic

location (in a State or regional strategy), its importance to a particular industry

sector, or its employment, infrastructure, service delivery or redevelopment

significance in achieving government policy objectives

The Site has been recognised for its State and Regional significance and

included in the Sydney South Subregional Strategy for future employment uses

and conservation. The land to be rezoned for employment uses will provide

approximately 51.4 hectares of employment generating land.

Residential land will provide the only new residential release area in the South

Subregion and provide the opportunity for new home buyers to remain in the

area. It will add diversity and choice to housing availability in the area and

provide a land release in a market segment that is different from other release

areas.

The 566 hectares preserved for conservation values will remain in GLALC

ownership, under a comprehensive management plan. This will ensure a

natural green corridor will remain and be managed to the benefit of the State

and the community adjacent the Georges River National Park, protecting the

upper reaches of the Georges River and Mill Creek. The preservation of land

for conservation and subsequent management will also ensure the ongoing

protection of threatened species and ecological communities found to occur

within the site.

The 51.4 hectares of employment land and future potential 2,400 dwellings will

assist in achieving the State Government new dwelling and employment

targets in the Metropolitan Plan for Sydney 2036 in a manner that can be

readily incorporated into the final subregional strategy.

The site is a significant parcel of land in Sydney South Subregion and one that

has previously been included in metropolitan plans and draft subregional

strategies. The proposal will assist in meeting State government policy to

release land to the market as quickly as possible.

(b) be of regional or state environmental conservation or natural resource

importance in achieving State or regional objectives.

Parts of the site are of regional environmental conservation and natural

resource importance because it contains endangered ecological

communities and threatened flora and fauna species. The site covers a wide

area over sandstone, shale and transitional soil landscapes giving rise to a

variety of vegetation assemblages.


The protection and on-going management of approximately 566 hectares of

conservation lands is a key element of the proposal. This includes retention of

the riparian corridors and adjacent steep lands by GLALC will maintain

connectivity between the vegetation to the north and south of the site,

including the adjoining National Park.

Management by GLALC will ensure that the biodiversity values within the

retained vegetation communities will be maintained and enhanced over time.

The proposal will result in the:

Protection of areas of Aboriginal cultural significance;

Protection of riparian zones and hanging wetlands;

Protection of endangered ecological communities;

Protection of known and potential habitat for threatened flora and

fauna; and

Clean-up of degraded areas from previous illegal tipping.

(c) be of regional or state importance in terms of amenity, cultural, heritage, or

historical significance in achieving State or regional objectives. For example

sensitive redevelopment of important heritage precincts

Parts of the site are of regional cultural significance in relation to evidence of

Aboriginal occupation of the area. It is also of cultural importance being an

area of approximately 849 hectares in single ownership of the GLALC, an

organisation seeking to be self funding and serving its people and committed

to social, economic and environmental outcomes for the community. Returns

from development will be invested in a range of initiatives including Aboriginal

cultural and community facilities, bushland rehabilitation, medical programs

and facilities, Aboriginal employment schemes and training opportunities.

(d) need alternative planning or consent arrangements where:

(i) added transparency is required because of potential conflicting

interests

(ii) more than one local council is likely to be affected

The site is at the extremities of two LGAs with the proposal having implications

for Liverpool and Sutherland LGAs. Alternate assessment arrangements will

ensure that proper consideration is given to the impacts and benefits the

project will provide to both LGAs.

The Site needs to be considered in a State / Regional context rather than local

context to allow for a co-ordinated protection of priority areas of biodiversity,

the appropriate development of land for employment uses, the regional traffic

implications and importantly the development of residential and supporting

uses to ensure a dynamic and successful development is created.


Sections 37 and 38 of the EP&A Act contain provisions for making SEPPs,

including amending SEPPs.

There are a range of other environmental planning instruments that control

development on land in order to achieve the objects of the EP&A Act which

are:

(a) to encourage:

(i) the proper management, development and conservation of

natural and artificial resources, including agricultural land, natural

areas, forests, minerals, water, cities, towns and villages for the

purpose of promoting the social and economic welfare of the

community and a better environment,

(ii) the promotion and co-ordination of the orderly and

economic use and development of land,

(iii) the protection, provision and co-ordination of

communication and utility services,

(iv) the provision of land for public purposes,

(v) the provision and co-ordination of community services and

facilities, and

(vi) the protection of the environment, including the protection

and conservation of native animals and plants, including

threatened species, populations and ecological communities,

and their habitats, and

(vii) ecologically sustainable development, and

(viii) the provision and maintenance of affordable housing, and

(b) to promote the sharing of the responsibility for environmental

planning between the different levels of government in the State, and

(c) to provide increased opportunity for public involvement and

participation in environmental planning and assessment.

4.1.3 Threatened Species Conservation Act (TSC Act) 1995

The TSC Act broadly seeks to ensure that the impact of any action affecting

threatened species, populations and ecological communities is properly

assessed, and to encourage the conservation of threatened species,

populations and ecological communities. The Schedules of the TSC Act

comprise lists of threatened marine and terrestrial fauna. The TSC Act requires

consideration of whether a development or an activity is likely to significantly

impact threatened species, populations, communities or their habitat.

Consideration of recovery plans, threat abatement plans, key threatening

processes and critical habitat is also required. The TSC Act contains a

prohibition against the damage of threatened species and their habitat and

contains provisions to protect endangered populations and threatened

ecological communities. The Ecological Assessment Report, prepared by

Cumberland Ecology, focuses on threatened species, populations and

communities listed by the TSC Act.


4.2 Planning Processes and Tools

The Major Development SEPP provides a State government based planning

framework for the development of State significant sites. It makes provision for

a number of key policies, strategies, plans and legislation that will guide the

detailed land use planning process and development assessment and

approvals.

The Major Development SEPP will ultimately establish the land use zoning and

development controls for all the land within the site. Consent authorities, such

as local councils, must apply the provisions and consider the objectives of the

SEPP when they make planning decisions concerning the site.

4.2.1 Land Use Zones

The Heathcote Ridge site is to be rezoned to the following land use zones:

Zone R2 Low Density Residential,

Zone R3 Medium Density Residential,

Zone B2 Local Centre,

Zone B6 Enterprise Zone,

Zone IN2 Light Industrial,

Zone SP2 Infrastructure,

Zone RE1 Public Recreation, and

Zone E2 Environmental Conservation.

In accordance with the provisions of Part 2 of the Standard instrument Principal

LEP Template, the zone objectives and land uses have been tailored where

allowed by the Standard instrument to some extent to reflect certain site

specific characteristics. Those amendments add to the standard mandatory

objectives for each zone to reflect the significance, intended function and

character of the future open space areas and urban lands.

4.2.2 Principal Development Standards

Controls in relation to minimum lot size and density, floor space and height and

for different types of residential development such as dual occupancies and

apartments are provided.

The controls provide that development consent must not be granted for

development within Heathcote Ridge unless the consent authority is satisfied

that any public utility infrastructure that is essential for the development is

available or that adequate arrangements have been made to have that

infrastructure available when required. The SEPP amendment provides that

utility undertakings by or on behalf of a public authority are subject to

assessment under Part 5 of the EP&A Act.


Future development on the site will be subject to further environmental

assessment and approval for subdivision and infrastructure works associated

with the development of neighbourhoods, and where not covered by exempt

and complying provisions, for individual buildings.

The Heathcote Ridge site will be developed as a series of staged

neighbourhoods or precincts which will be the subject of more detailed design

and assessment to support subdivision and street layout, open space areas

and infrastructure provisions.

The consent authority will be determined having regard to the provisions of the

EP&A Act, accompanying regulation and environmental planning instruments

as in force from time to time. It is considered that development will be

determined having regard to Parts 4 or 5 of the EP&A Act.

4.2.3 Infrastructure Requirements

The implementation of the project will require the provision of a range of public

amenities and services to meet the needs of the development. This includes

environmental conservation. A key commitment of the GLALC has been that

the project will fund its own infrastructure demands at no net cost to

government.

The public infrastructure and environmental conservation works required to

meet the demand generated by the development and associated funding

mechanisms have been identified.

Funding Mechanisms

The Environmental Planning and Assessment Act 1979 provides a number of

means by which infrastructure can beprovided and funded including:

Developer contributions under s94;

Fixed development consent levies under s94A;

A Voluntary Planning Agreement under s93F;

Conditions imposed to the grant of a development consent under

S80A(1)(f) of the Act requiring works on or off the site.

A planning agreement is a voluntary agreement between a planning authority

and a person such as GLALC who has sought a change to an environmental

planning instrument, or who has made, or proposes to make, a development

application under which the developer is required to dedicate land free of

cost, pay a monetary contribution, or provide any other material public

benefit, or any combination of them, to be used for or applied towards a

public purpose. Public purposes can include amenities or services, transport

infrastructure, affordable housing andconservation and enhancement of the

natural environment.


Planning agreements are negotiated between the developer and the

planning authority in the context of the change to the planning controls on the

site.

Fundamental principles governing the participation by planning authorities in

planning agreements include:

planning agreements must be governed by the fundamental principle

that planning decisions may not be bought or sold or pre-determined;

planning authorities should not allow planning agreements to

improperly fetter the exercise of statutory functions with which they are

charged.

The proponent, GLALC, proposes to hold discussions with the DoPI and

Sutherland Council in relation to entering into one or more Voluntary Planning

Agreements for the provision of public purposes including amenities or services,

transport infrastructure, affordable housing and conservation and

enhancement of the natural environment the need for which is generated by

the Heathcote Ridge development.

It is considered that VPAs provide a number of community benefits:

they facilitate the integrated planning and delivery of facilities and

services required to meet the needs of the development in a timely

manner in conjunction with the development;

they clearly set out the infrastructure to be provided and the

responsibilities of the parties;

they provide certainty to government that the proponent can meet

governance and financial obligations relating to the project.

4.3 Conservation Processes and Tools

4.3.1 Impacts on Threatened Flora and Fauna and Endangered

Ecological Communities

Measures have been taken to reduce the size of the development footprint to

avoid to minimise direct impacts on Endangered Ecological Communities and

threatened species. This has reduced the area of impact for known and

potentially occurring threatened flora and fauna.

No area of Shale/Sandstone Transition Forest or Sydney Turpentine-Ironbark

Forest which are listed under the EPBC Act will be removed within the

development footprint. There may be indirect effects on these communities.

Potential impacts on EPBC listed species include:


Removal of known habitat for Acacia bynoeana, and Melaleuca



Removal of known and potential habitat for the Grey-headed Flying-

fox.

The substantial reduction in the size of the development footprint from

approximately 560ha under the initial proposal to 283ha has also increased the

width of the vegetated corridor extending north/south through the project

area. This corridor connects vegetation and associated habitats from Georges

River National Park to vegetation to the south of the project area which

extends to Heathcote National Park and Royal National Park.

The following is a summary of the impact of the project on listed species and

communities:

Removal of known habitat for Acacia bynoeana, and Melaleuca



Removal of known habitat for the Grey-headed Flying-fox.

In addition to the direct impact of vegetation and habitat removal, a number

of other indirect impacts to vegetation and habitat can occur to the retained

vegetation including those related to habitat fragmentation, edge effects,

alteration to hydrological regimes, sedimentation and erosion, weeds and feral

animals and physical damage. The habitat fragmentation, edge effects and

other indirect impacts can impact on threatened fauna species such as the

Grey-headed Flying-fox.

The listed threatened species to be removed within the development footprint

are represented in adjacent areas within the locality, primarily to the west and

south of the site. The vegetation within the site is mirrored within Holsworthy

Military Area adjacent to Heathcote Road. Within the locality, Angophora

hispida – Eucalyptus haemastoma Heath-Woodland will be most impacted by

the development with approximately 5.78% of its distribution to be cleared,

followed by Corymbiagummifera – Angophora costata Woodland at 2.88%.

The proportions of each of the remaining communities to be cleared within the

locality are all less than one percent.

Substantial areas of Angophora hispida – Eucalyptus haemastoma Heath-

Woodland occur within Holsworthy Military Area. The habitats associated

within the vegetation communities to be removed within the development

footprint are also represented in the locality.

4.3.2 Ecological Corridors

The site forms an edge of a continuous area of habitat which connects to a

number of national parks. The project will retain a north-south and south west


corridor providing and protecting connectivity between regional parks and

the Holsworthy Military Area. Retention of these corridors will continue to

facilitate the movement of species within the locality.

The project will reduce the width of some potential local movement corridors

for wildlife, constituting dispersal, foraging and nesting habitat for a range of

fauna groups, particularly birds and small-medium sized mammals. The local

movement corridors most impacted by the project are those connecting

fragments of Angophora hispida – Eucalyptus haemastoma Heath-Woodland

community. Connectivity to the adjacent Holsworthy Military Area will be

reduced, with the connection to occur in the south western corner of the

project area. This movement is already restricted by the fencing surrounding

the Defence property. The mesic habitats and areas along creeks which form

corridors for many species will be retained within the project area. The

retained local corridors within the project area are to be managed to

enhance ecological values.

The maintenance and preservation of wildlife corridors is an important

planning consideration influencing the development. Provision has been

made for wildlife corridors to retain viability of habitats.

4.3.3 Attributes of Offsets Package

A range of mitigation and compensation measures will offset the direct and

indirect impacts of the proposal. These are in addition to the avoidance

measures such as general reduction of the development footprint to reduce

the area of impact for known and potentially occurring threatened flora and

fauna. The substantial reduction in the size of the development footprint from

approximately 560ha to 283ha has also increased the width of the vegetated

corridor extending north/south through the project area.

Mitigation Measures

A range of mitigation measures are to be implemented within the project area

to minimise the impacts to biodiversity values. As the majority of the

development footprint will be cleared, the mitigation measures are primarily

related to reducing impact to adjacent vegetation, including that within the

project area. A summary of the mitigation measures for the project are

provided below:

Planning-related mitigation measures include:

Rezoning of the project area to assist ensuring the retained vegetation is

protected through appropriate land use zoning for conservation

purposes;

Positioning of the Asset Protection Zones (APZs) outside of the retained

area of vegetation;


Design of APZs in accordance with the NSW Government publication

Planning for Bushfires 2006to allow for these areas to act as a buffer

between the developed areas and retained vegetation;

Design of water management devices within the APZ to provide

alternative habitat to fauna species; and

Staged development which should allow fauna to relocate into

adjacent woodland without assistance by using surrounding habitat

connectivity to facilitate dispersal.

General construction mitigation measures to be achieved through the

preparation of construction management plans as required by conditions of

development approval and which include:

Dust management - to minimise the impacts to vegetation and habitat

quality;

Noise management - to minimise impacts to fauna species;

Erosion and sedimentation controls - to minimise the impact to adjacent

vegetation and downstream environments

Stormwater management, through the implementation of a stormwater

management plan - to minimise impacts to adjacent vegetation and

habitat, and to provide stormwater control devices that could serve as

potential habitat for fauna.

Targeted ecological mitigation measures including:

o Inductions for contractors and visitors to address the location of

sensitive flora and fauna and outline their roles and

responsibilities for the protection and/or minimisation of impacts

to biodiversity values;

o Vegetation clearance protocols; and

o Fauna pre-clearance, rescue and translocation protocols.

General operational mitigation measures:

Ongoing erosion and sediment control;

Ongoing stormwater management;

Promotion of community awareness of biodiversity values of the

retained vegetation and associated habitats; and

Inspections to monitor effectiveness of mitigation measures and

provisions for adaption as required.

Details of these construction and operational mitigation measures are to be

included with any construction management plan and the Biodiversity

Management Plan (BMP) to be prepared for the retained vegetation.


Compensatory Measures

Compensatory measures for the project have been developed to supplement

the avoidance and mitigation measures, discussed above, and are being

used to offset the loss of biodiversity values from the development footprint.

The compensatory measures will address what would otherwise be a net loss of

heath, woodland and forest habitat resulting from construction of the project.

As the Heathcote Ridge project has been designed to avoid or minimise

removal of listed threatened species and communities, the key driver to the

package of compensatory measures is the loss of threatened species habitat.

The package of compensatory measures for the project includes direct and

indirect offsets. The package comprises the following elements:


Area): The Heathcote Ridge Conservation Area (HRCA) comprises the

remaining land within the project area, outside of the development

footprint. The HRCA, which contains approximately 566ha of land,

including native vegetation, has been included within the offsets

package as it contains areas of listed threatened communities as well

as habitats for listed threatened species that will be translocated or

removed from within the development footprint. One purpose of the

HRCA is to protect and enhance a significant area of vegetation and

associated habitat that will assist in the persistence of biodiversity values

for the MNES, known or potentially occurring within the project area.

The land will be rezoned in perpetuity for conservation, and GLALC will

retain ownership.

Preparation and implementation of a Biodiversity Management Plan for

the Heathcote Ridge Conservation Area: The BMP will provide a

comprehensive framework for the implementation of the biodiversity

management measures for the project. The BMP will provide detailed

information on the HRCA, including descriptions of the vegetation

communities including MNES and the management actions required to

conserve and improve the biodiversity within the HRCA and maximise

the ability to provide habitat for threatened species. The BMP will

outline long and short term management requirements and monitoring

methodologies for the HRCA as well as objectives, performance criteria

and indicators, and details of other contributions to conservation.

Option for indirect offsets such as research funding: To supplement the

conservation areas and their associated management, the package of

compensatory measures is to include provision of indirect offsets such as

monetary contributions to research on biodiversity issues relating to the

project area. Potential options for indirect offsets include: Research into

the conservation and management of the threatened species

recorded from the project area, Contribution towards the preparation

of Recovery Plans for threatened species, Contribution towards the

development of sub regional biodiversity strategies, Implementing

action(s) in a Recovery Plan, Biodiversity Action Plan or Management


Plan, or Financial contributions to the management of conserved land

in the locality. The details of these indirect measures is to be contained

in the Biodiversity Management Plan, the preparation of which is

required under a Planning Agreement between the Minister for Planning

and Infrastructure and Gandangara Local Aboriginal Land Council in

the course of preparation.



OEH principles for offsets. Further development of the offsets package will

require consultation with Department of Planning and Infrastructure (DoPI),

OEH and SEWPaC. Compensatory measures will be finalised prior to approval

of the project.

The HRCA will be zoned environmental conservation and will be retained in the

ownership of GLALC who will fund the preparation and implementation of the

BMP, including measures for MNES.

4.3.4 Aboriginal Cultural Heritage Impacts

A total of 41 previously recorded sites and 40 newly recorded sites within

proximity to potentially developable areas have been considered. In addition

two areas of potential Aboriginal cultural significance have been suggested

by some Aboriginal people consulted, and queried by others.

The results of the study have allowed the extent of potentially developable

areas to be amended to avoid impacts to documented Aboriginal

archaeological sites. Several areas of archaeological potential may be

affected however and require further investigation to determine whether they

contain any Aboriginal archaeological remains.

The enactment of these recommended actions will provide a solid basis for the

preparation of an Aboriginal Heritage Management Plan to guide the ongoing

management and protection of Aboriginal heritage in relation to future

development within the subject lands.

The proponent, GLALC proposes to prepare this management plan to be

implemented during the development design and approval processes.


5. OUTCOMES AND COMMITMENTS FOR MATTERS OF

NATIONAL ENVIRONMENTAL SIGNIFICANCE

The Program includes a range of measures for MNES protected under the EPBC

Act. This section describes those measures and the activities to achieve them

for each of the key matters. The measures are drawn from the detailed

analysis in the Strategic Assessment Report and include:

potential impacts to the MNES;

measures to mitigate and manage potential impacts;

offset measures; and

the conservation outcome.

5.1 Outcomes

Sydney Turpentine-Ironbark Forest

No area of Sydney Turpentine-Ironbark Forest which is listed under the EPBC

Act will be removed within the development footprint. There is no direct

interface between Sydney Turpentine/Ironbark Forest and the development

footprint, which minimises indirect impacts to the community. Potential

indirect impacts to this community include weed invasion and physical

damage from uncontrolled access. A buffer between the development and

the community will assist in reducing indirect impacts.

No offsets are proposed for Sydney Turpentine-Ironbark Forest as avoidance

and mitigation measures are considered sufficient to ensure the persistence of

the community.

The area of this community occurring within the program area is located within

the Heathcote Ridge Conservation Area. This area of land is to be retained

under an appropriate zoning so as to ensure its ongoing protection. The

zoning is consistent with the NSW Government’s Principal Local Environmental

Plan under which the HRCA would be within Zone E2 Environmental

Conservation. The objectives of Zone E2 Environmental Conservation are as

follows:

(a) to protect, manage and restore areas of high ecological, scientific,

cultural or aesthetic values,

(b) to prevent development that could destroy, damage or otherwise

have an adverse effect on those values

(c) To allow recreational uses compatible with the biodiversity values of

the area.

Development for any of the following purposes is permitted only with

development consent on land within Zone E2 Environmental Conservation:


drainage; environmental protection works; environmental facilities;

flood mitigation works; information and education facilities; kiosks;

recreation areas; roads; sewerage systems; stormwater management

systems; water reticulation systems; water supply systems; waterbodies;

waterway or foreshore management activities.

All other development is prohibited.

A Biodiversity Management Plan is also to be implemented within the

Heathcote Ridge Conservation Area. Implementation of such a plan would

assist in improving the quality of the community by restoring the areas

degraded from ongoing land uses and managing potential ongoing impacts

such as weed invasion. Provisions for monitoring will assist in the ongoing

adaptive management of the community

Shale/Sandstone Transition Forest

No area of Shale/Sandstone Transition Forest which is listed under the EPBC Act

will be removed within the development footprint. As a result of the program,

there will be numerous interfaces between the development footprint and the

retained portions of Shale/Sandstone Transition Forest. These portions of the

community will be indirectly impacted. Clearing of vegetation at this interface

will increase edge effects on the retained portion of Shale/Sandstone

Transition Forest and as a result, the community may be impacted by altered

microclimates, weed invasion and soil erosion. This community may also be

impacted by physical damage from uncontrolled access.

No offsets are proposed for Shale/Sandstone Transition Forest as avoidance

and mitigation measures are considered sufficient to ensure the persistence of

the community.

The area of this community occurring within the program area is located within

the Heathcote Ridge Conservation Area. This area of land is to be retained

under an appropriate zoning so as to ensure its ongoing protection. A

Biodiversity Management Plan is also to be implemented within the Heathcote

Ridge Conservation Area. Implementation of such a plan would assist in

improving the quality of the community by restoring the areas degraded from

ongoing land uses and managing potential ongoing impacts such as weed

invasion. Provisions for monitoring will assist in the ongoing adaptive

management of the community

Acacia bynoeana,

Twenty-one individuals of Acacia bynoeana will be removed and translocated

as a result of the program. As this species is known to have a long-term soil

seed bank, translocation will also include the transfer of the soil material

adjoining the specimens. The translocated specimens will be retained within

the program area. There is a high risk of uncertainty associated with

translocation. An additional seven known individuals will be retained within the


conservation area. This species is not currently known within any of the

conservation reserves within the locality.

Approximately 188.85ha of suitable habitat for Acacia bynoeanacomprising

Angophora hispida – Eucalyptus haemastoma Heath-Woodland is to be

cleared from the program area. The loss of this vegetation would result in a

decrease in the amount of suitable habitat available to this species. The

habitat to be removed within the program area is not considered important for

the long-term survival of the species. Approximately 51.24ha of suitable

habitat, including seven known individuals, will be conserved within the project

area. Additional areas of potential habitat occur within the locality, such as

within Holsworthy Military Area.

The local population of Acacia bynoeana within the program area is not

considered as an important population or occurring in habitat critical to the

survival of the species, therefore avoidance measures have not been

implemented for this species. Individuals of the local population will be

retained within the conservation area.

Some mitigation measures under the program are relevant to Acacia

bynoeana, including the translocation of a portion of the local population and

management of suitable habitat within the Heathcote Ridge Conservation

Area. This area of land is to be retained under an appropriate zoning so as to

ensure its ongoing protection. A Biodiversity Management Plan is also to be

implemented within the Heathcote Ridge Conservation Area. Implementation

of such a plan would assist in improving the quality of the suitable habitat by

restoring the previously impacted areas and managing potential ongoing

impacts such as weed invasion. Provisions for monitoring will assist in the

ongoing adaptive management of the species and its habitat.

Melaleuca deanei

This species was recorded at numerous locations across the program area.

Seventy-one known individuals occur within the development footprint. There

is potential for this species to occur within additional areas within the

development footprint. The local populations of Melaleuca denai occurring

within the program area are not considered as a population that is necessary

for the species long term survival and recovery.

Approximately 261.7ha of suitable habitat for Melaleuca deanei, comprising

Angophora hispida – Eucalyptus haemastoma Heath-Woodland and

Corymbiagummifera – Angophora costata Woodland is to be cleared from

the project area. The loss of this vegetation would result in a decrease in the

amount of suitable habitat available to this species. The habitat to be

removed within the project area is not considered important for the long-term

survival of the species. Approximately 276.31ha of suitable habitat, including

22 known individuals, will be conserved within the project area. Additional


areas of potential habitat occur within the locality, such as within Lucus Heights

Conservation Area.

The local population of Melaleuca deanei within the program area is not

considered as an important population or occurring in habitat critical to the

survival of the species. Despite this, a number of areas containing individuals

of this species, as well as potential habitat, have been avoided.

Some mitigation measures under the program are relevant to Melaleuca

deanei, including management of suitable habitat within the Heathcote Ridge

Conservation Area. This area of land is to be retained under an appropriate

zoning so as to ensure its ongoing protection. A Biodiversity Management Plan

is also to be implemented within the Heathcote Ridge Conservation Area.

Implementation of such a plan would assist in improving the quality of the

suitable habitat by restoring the previously impacted areas and managing

potential ongoing impacts such as weed invasion. Provisions for monitoring will

assist in the ongoing adaptive management of the species and its habitat.

Grey-headed Flying-fox

The Grey-headed Flying-fox was recorded within numerous vegetation

communities within the program area and is expected to utilise most of the

program area for foraging. Approximately 283ha of suitable habitat is to be

cleared from the program area. The loss of this vegetation would result in a

decrease in the amount of suitable habitat available to this species. The

habitat to be removed within the program area is not considered important for

the long-term survival of the species within the locality. Sufficient known and

potential habitat will be retained and conserved within the program area and

within conservation reserves in the locality. Within the locality, known Grey-

headed Flying-fox habitat is conserved within Georges River National Park,

Heathcote National Park, Royal National Park and Leacock Regional Park. The

Atlas of NSW Wildlife holds numerous records for this species within the SMCMA.

The population of the Grey-headed Flying-fox occurring within the program

area is not considered to be an important population. However, the habitat

occurring within the program area can be considered as essential habitat as

defined by the draft National Recovery Plan for the Grey-headed Flying-fox {,

2009 #4071}. The program area is located within 50km of a number of camps

that are used continuously or annually by the Grey-headed Flying Fox, such

the Royal Botanic Gardens Sydney and Gordon. A rarely used camp has also

been identified in the Menai area. The project area also provides foraging

resources for the period September-May.

The removal of a portion of the available foraging habitat for the population of

the Grey-headed Flying-fox occurring within the program area is not

considered to interfere substantially with the recovery of the species. Despite


this, extensive areas of suitable habitat have been avoided within the program

area.

Some mitigation measures under the program are relevant to the Grey-

headed Flying-fox, including management of suitable habitat within the

Heathcote Ridge Conservation Area. This area of land is to be retained under

an appropriate zoning so as to ensure its ongoing protection. A Biodiversity

Management Plan is also to be implemented within the Heathcote Ridge

Conservation Area. Implementation of such a plan would assist in improving

the quality of the suitable habitat by restoring the previously impacted areas

and managing potential ongoing impacts. Provisions for monitoring will assist

in the ongoing adaptive management of the species and its habitat.

5.2 Summary of Commitments

5.2.1 Funding Arrangements for MNES Conservation

Commitments Actions Responsibility Timing

1. Establishment

of the

Heathcote

Ridge

Conservation

Area. Funding

arrangements

to be put in

place for the

ongoing

management

of

conservation

area

a) Funding arrangements to

be established for

ongoing management of

HRCA. 566 ha of extant

native vegetation

including habitat for

MNES will be established

as the HRCA.

The relevant MNES are:

Sydney Turpentine-

Ironbark Forest

Shale/Sandstone

Transition Forest

Acacia bynoeana,

Melaleuca deanei

Grey-headed Flying-

fox

Koala

GLALC Ongoing


5.2.2 Land Use Zoning


2. Establish a

conservation

zone over the

Heathcote

Ridge

Conservation

Area

HRCA would be within Zone

E2 Environmental

Conservation. The objectives

of Zone E2 Environmental

Conservation are as

follows(a) to protect,

manage and restore areas of

high ecological, scientific,

cultural or aesthetic

values,(b) to prevent

development that could

destroy, damage or otherwise

have an adverse effect on

those values; and (c) To

allow recreational uses

compatible with the

biodiversity values of the

area.

Development for any of the

following purposes is permitted

only with development consent

on land within Zone E2

Environmental Conservation:

drainage; environmental

protection works;

environmental facilities;

flood mitigation works;

information and

education facilities; kiosks;

recreation areas; roads;

sewerage systems;

stormwater management

systems; water reticulation

systems; water supply

systems; waterbodies;

waterway or foreshore

management activities.

All other development is

prohibited.

NSW Minister

for Planning

Prior to

any

develop

ment


5.2.3 Sydney Turpentine-Ironbark Forest and Shale/Sandstone Transition

Forest


3. Retention

and

protection

of all STIF

within the

site,

including a

minimum of

1.72 ha of

STIF

a) Retention and protection of

STIF by:

b) Protection through land use

zoning within Zone E2

Environmental Conservation

as discussed above.

NSW Minister

for Planning

Relevant

consent

authorities

Prior to any

development

c) Prepare and implement a

Biodiversity Management Plan

for the HRCA to improve the

quality of this community and

manage indirect impacts

such as weed invasion.

d) Undertake monitoring of the

ongoing adaptive

management of the

community.

e) Provide regular public

reporting of the BMP

outcomes.

GLALC

Prior to

development

commencing

and ongoing

4. Retention

and

protection

of all SSTF

within the

site,

including a

minimum of

19.96 of SSTF.

a) Retention and protection of

SSTF by:

b) Protection through land use

zoning within Zone E2

Environmental Conservation

as discussed above.

NSW Minister

for Planning

Relevant

consent

authorities

Prior to any

development


Biodiversity Management Plan

for the HRCA to improve the

quality of this community and

manage indirect impacts

such as weed invasion.

d) Undertake monitoring of the

ongoing adaptive

management of the

community.



outcomes.

GLALC

Prior to

development

commencing

and ongoing


5.2.4 Acacia bynoeana,


5. Management of

21 individual

species of

Acacia bynoena

within the

development

footprint

(including

translocation to

HRCA)

6. Retain and

protect 51.24 ha

of habitat for

Acacia bynoena

within the HRCA.

a) Retention and protection

of suitable habitat for

Acacia bynoena:

b) Protection through land

use zoning within Zone E2

Environmental

Conservation as discussed

above.

NSW Minister for

Planning

Relevant consent

authorities

Prior to any

development


Biodiversity Management

Plan for the HRCA to

improve the quality of this

community and manage

indirect impacts such as

weed invasion.

d) Undertake monitoring of

the ongoing adaptive

management of the

community.



outcomes.

GLALC

Prior to

development

commencing

and ongoing

5.2.5 Melaleuca deanei


7. Retention and

protection of

habitat for

Melaleuca

deanei within

the HRCA.

a) Retention and protection

of276.31ha of suitable

habitat for Melaleuca

deanei:


use zoning within Zone E2

Environmental

Conservation as discussed

above.

NSW Minister for

Planning

Relevant consent

authorities

Prior to

any

develop

ment


Commitments Actions Responsibility Timing c) Prepare and implement a

Biodiversity Management

Plan for the HRCA to

improve the quality of this

community and manage

indirect impacts such as

weed invasion.



management of the

community.



outcomes.

GLALC

Prior to

develop

ment

commen

cing and

ongoing

5.2.6 Koala


8. Retention and

protection of

habitat for

Koala within

the HRCA.

a) Retention and

protection of 560.37 ha


Koala.


use zoning within Zone

E2 Environmental

Conservation as

discussed above.

NSW

Minister for

Planning

Relevant consent

authorities

Prior to any

development

c) Prepare and implement

a Biodiversity

Management Plan for

the HRCA to improve

the quality of this

community and

manage indirect

impacts.

GLALC

Prior to

development

commencing

and ongoing

5.2.7 Grey-headed Flying-fox

Commitments Actions Responsibility Timing 9. Retention and

protection of

habitat for

Grey-headed

a) Retain and protect

protection of 560.37 ha


Grey-headed Flying-fox:


Commitments Actions Responsibility Timing Flying-fox

within the

HRCA.


use zoning within Zone

E2 Environmental

Conservation as

discussed above.

NSW

Minister for

Planning

Relevant consent

authorities

Prior to any

development

c) Prepare and implement

a Biodiversity

Management Plan for

the HRCA to improve

the quality of this

community and

manage indirect

impacts such as weed

invasion.



management of the

community.



outcomes.

GLALC

Prior to

development

commencing

and ongoing


6. PROGRAM EVALUATION REPORTING AND

MONITORING

6.1 Mechanisms to Monitor Outcomes of the Program

The GLGLC is committed to a framework for reporting against the requirements

of the Conservation Area and Biodiversity Management requirements of the

Program. This framework will be adapted to include the EPBC Act reporting

and evaluation requirements for the Program. There are three main elements

to the reporting framework:

1. A public annual report highlighting the Conservation Area and Biodiversity

Management outcomes achieved in the previous year.

2. A public report highlighting the consistency of each development proposal

with the Conservation Area and Biodiversity Management requirements of the

Program.

3. An audit of the Conservation Area and Biodiversity Management

requirements of the Program every twoyears to assess progress in achieving

the objectives of the Program.

6.2 Commitment to Regular Public Reporting

The Terms of Reference state that reports must set out:

(a) monitoring, public reporting and independent auditing to be

undertaken

(b) record keeping and review processes under the Program, and

(c) the person(s)/authorities responsible for these actions.

6.2.1 Annual Report

GLGLC will prepare a public annual report highlighting the Conservation Area

and Biodiversity Management outcomes achieved in the previous year with

respect to MNES. It will be provided to SEWPaC at the same time. This will

report on the impacts and risks to MNES being managed. The annual report

will be provided for the first 5 years of the implementation of the project and

for subsequent years as directed by SEWPaC. The matters to be addressed will

include but not be limited to:

Status of development;

Status of establishing and managing conservation area;

Translocation success;

Unforseen impacts on MNES and actions to address.


6.3 Mechanism to Independently Audit the Program

GLALC will establish a Biodiversity Management Reference Group to evaluate

the Conservation Area and Biodiversity Management requirements of the

Program.

The purpose of the independent audit will beto evaluate the Program’s

progress in achieving the SEWPaC objectives in ensuring the protection of

threatened biodiversity values and MNES and will report on:

status of development;

progress in establishing and protecting the conservation area within the

site;

translocation success;

progress in achieving the required offset areas within the site;

unforseen impacts on MNES and actions to address;

a summary of the outcomes for matters of national environmental

significance.

Terms of Reference will be prepared which will include provision for input from

relevant government agencies. These reporting mechanisms will contain clear

provisions for adaptive measures should outcomes not be achieved for MNES.

The report will identify perceived risks from development and report on

outcomes. The report will also identify unforseen impacts and actions to

address such impacts.

The annual report on the audit will be provided every two years for the

duration of the development period or for a lesser period as directed by

SEWPaC.

The reports will be published on the program web site and provided to

relevant approval agencies including Department of Planning and

Infrastructure and Council.

program report for the strategic assessment of the ...€¦ · 5. economic assessment of...

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