PROPOSAL TO ESTABLISH A BIOBANK SITE AT PUCKEYS ESTATE

Transcription

1 July PROPOSAL TO ESTABLISH A BIOBANK SITE AT PUCKEYS ESTATE In accordance with Section 47 of the Local Government Act 1993, Council is giving notice to the public of its intention to establish a biobank site (within the meaning of Part 7A of the Threatened Species Conservation Act 1995) at Puckeys Estate, North Wollongong. The biobank site will be created for the purpose of conservation, through a NSW Environmental Trust Linking Landscapes grant. Further information on biobanking is available on the OEH website at: The public notice period is from 24 July to 27 August DEFINITIONS The following terms are used in this biobanking proposal: Agreement for Transfer of Credits means commitment by the landowner (Council) to transfer all Biodiversity Credits created at the biobank site to OEH. OEH is agreeing to pay the remaining portion of the Total Fund Deposit for the biobank site that is not paid for by Council for these credits (the grant funding). Biobank site or Biobank means land designated by the biobanking Agreement to be a biobank site for the purposes of the Threatened Species Conservation Act Biobanking Agreement means an agreement entered into under Division 2 of Part 7A of the Threatened Species Conservation Act 1995 between Wollongong City Council and the Minister for the purpose of establishing a biobank on the proposed biobank site. Biodiversity Credits means credits created for the biobank site for management actions that improve biodiversity values. The number and class of credits created for the biobank site will be specified in the biobanking Agreement. Biobanking Regulation means the Threatened Species Conservation (Biodiversity Banking) Regulation Biobanking Trust Fund means the trust fund established under Part 7A of the Threatened Species Conservation Act 1995 to hold funds from the sale of credits from the biobank site. Total Fund Deposit is defined by clause 26 of the Biobanking Regulation and means the present value of all scheduled management payments in respect to the biobank site for the period that starts from the time the biobanking agreement is entered into and extends in perpetuity. It is equivalent to the present value of all the estimated short term and long term costs needed to manage the biobank site in perpetuity. The Biobanking Trust Fund holds the Total Fund Deposit, and the NSW Environment Trust, as the fund manager, then makes payments to the owners of biobank sites in accordance with biobanking agreements. Minister means the Minister administering the Threatened Species Conservation Act 1995.

2 July TABLE OF CONTENTS 1 BACKGROUND TO THE PROPOSAL THE PROCESS FOR ESTABLISHINGTHE BIOBANK SITE PROPOSED BIOBANKING AGREEMENT LOCATION CONSERVATION VALUES FUNDING THE BIOBANK SITE PROPOSED MANAGEMENT PROPOSED PERMISSIBLE DEVELOPMENTS AND ACTIVITIES... 9 REFERENCES...13 Appendix 1: Regional and local values of the proposed Biobank site, Puckeys Estate Appendix 2: Plant communities of Puckeys Estate....15

3 July BACKGROUND TO THE PROPOSAL Wollongong City Council has been successful with an application to establish a biobank site at Puckeys Estate under the Office of Environment and Heritage s (OEH) Linking Landscapes Grant Program. The OEH Linking Landscapes through Local Action project is part of the Green Corridors Program which is a priority action in the NSW Government s NSW 2021 Plan to protect and conserve land, biodiversity and native vegetation in NSW. The program is funded through the NSW Environmental Trust. As part of this project, grants are available to public land managers in the Sydney Basin who are willing to manage bushland for conservation purposes. The grants will be used to prepare and establish permanent conservation covenants under the BioBanking Scheme (biobanking agreements) through which the landowner is paid to protect and manage bushland on land owned by the recipients. Council has entered into a Memorandum of Understanding (MOU) with OEH to establish a biobank site (through the signing of a biobanking agreement) at Puckeys Estate. The grant will include a minimum of $800,000 which will be held in trust by the Environmental Trust, with ongoing annual payments being made to Council in-perpetuity to implement the management actions identified in the biobanking agreement that will be established for the biobank site. The establishment of a biobank site at Puckeys Estate will provide Council with secured permanent annual funding to protect and enhance the natural environment of the Estate, including threatened biodiversity listed under the Threatened Species Conservation Act 1995 and its habitat. This funding will be directly placed into on-ground management works to manage the bushland at the site, including controlling threats from weeds and pest animals to restore and maintain the native vegetation within the Estate. Under the terms of the MOU, Council will be required to transfer all of the biodiversity credits created at the biobank site. All of the credits will be retired by OEH at the end of the grant program for the purpose of conservation. This means that the credits are not part of any offsetting arrangement, they cannot be sold, nor will they form part of any future offsetting arrangement. The proposal to establish a biobank site at Puckeys Estate is a key step to achieve long term improved outcomes for an important natural and community resource. Complimentary to the proposal to establish a biobank site are the proposed amendments to the community land category highlighted above. 2 THE PROCESS FOR ESTABLISHINGTHE BIOBANK SITE As discussed earlier, Council has entered into a formal agreement with OEH (a Memorandum of Understanding) that commits each party to proceed in good faith to establish a biobank site at Puckeys Estate by June Biobanking agreements are a type of permanent conservation covenant in which landowners are paid to protect and manage bushland. Biobanking agreements: limit what a landholder may or may not do on a biobank site, are registered on the land s title and bind future landholders, create a right in favour of the Minister to enforce the biobanking agreement and hold the landholder to the obligations contained in it. The proposed biobank site will be established through the placing of a biobanking agreement (under Part 7A of the Threatened Species Conservation Act 1995), over a portion of Puckeys Estate.

4 July Council and OEH will work together to undertake the biobanking assessment for the site and prepare the application for a biobanking agreement. This is a detailed process that OEH typically undertakes over a six months period. Work includes a detailed biodiversity survey and assessment, the costing of management actions and preparation of management plans for the biobank site and consultation with other interest holders. Upon establishment of the biobank site, Council will receive an ongoing, annual payment to continue to manage the bushland at the site for the purpose of conservation. This means the bushland would be managed in perpetuity with an external source of funding providing Council with long term savings and improved conservation outcomes for an important natural and community resource. A general overview of the BioBanking Scheme is provided in Figure 1. However, the arrangement under the grant program to establish a biobank site at Puckeys Estate is a variation to this model as Council will be required to transfer all of the biodiversity credits created on the proposed Puckeys Estate biobank site (through the signing of a Biobanking agreement) to OEH in accordance with the terms of the MOU and an Agreement for Transfer of Credits. OEH will commit to retire all these credits prior to 30 September The nature of this is that all of the biodiversity credits created at the site will be retired by OEH for the purpose of conservation. This means that the credits are not part of any offsetting arrangement, they cannot be sold, nor will they form part of any future offsetting arrangement.

5 Figure 1: Schematic overview of Biobanking (DECCW, 2009). July

6 July PROPOSED BIOBANKING AGREEMENT LOCATION The proposed biobank site is located within Puckeys Estate within the suburbs/localities of Fairy Meadow in the local government area of Wollongong. The land is managed by Council. The reserve is recognised as an annex site to the Wollongong Botanic Garden. The site is bordered by a public beach to the east, sports fields to the north, commercial development to the west and an estuarine lagoon and public recreation area to the south. Residential housing is located to the north-west of the site. The site receives high visitor numbers and is a popular area for passive recreation with a walking track through the reserve and a cycleway along the western edge. The area of the potential biobank footprint is 29.8 ha and comprises the following land parcels: Lot 1 DP998002, Lot 305 DP746634, Lot1 DP62286, Lot 2 DP231228, Lot 9 DP The area of the potential biobank footprint and associated land parcels are shown in Figure 2. As shown on the map, Lot 306 DP is not included and portions of some of the remaining land parcels have been excluded from the potential Biobank footprint on the basis of: not including areas with no vegetation cover, water bodies and areas of beach sand, excluding all of the infrastructure easements and infrastructure to avoid the conflict in managing both conservation outcomes and maintenance of public infrastructure services. The final area of the proposed biobank site within Puckeys Estate is yet to be determined. This will be dependent on the planning and costing of bush regeneration works by an experienced bush regenerator contactor. 4 CONSERVATION VALUES The environmental values of Puckeys Estate are well documented and include the following: three threatened ecological communities Swamp Oak Floodplain Forest, Swamp Sclerophyll Forest on Coastal Floodplains and Coastal Saltmarsh listed under the Threatened Species Conservation Act 1995 (Figure 3), records of four threatened fauna species listed under the Threatened Species Conservation Act 1995 including three birds, one bat and one frog species, potential habitat for these and additional threatened fauna species, an intermittently closed and open coastal lagoon supporting key fish (nursery) habitat, good functional connectivity and some level of structural connectivity with similar or associated native plant communities and flora and fauna habitats in the locality. These key biodiversity and environmental features are recognised in the Illawarra Biodiversity Strategy (WCC et al a & b) which identified Puckeys Estate as one of seven highest priority sites for the focus of grant and internal funding allocation. There is also a long history of grant funding to undertake bush regeneration work. Ecological restoration works are currently being carried out in Puckeys Estate by both Bushcare volunteers and bush regeneration contractors.

7 Figure 2: Potential Biobank Footprint, Puckeys Estate. July

8 July Figure 3: Vegetation mapping of Puckeys Estate highlighting threatened ecological communities.

9 July FUNDING THE BIOBANK SITE The terms of the MOU commit OEH to supporting Council in establishing the biobank site at Puckeys Estate. This includes: facilitating the biobanking assessment with Council contributing an upfront payment and OEH covering any remaining costs (OEH will refund the Council payment once a biobanking agreement has been entered into), preparing the application for the biobanking agreement on behalf of, and in consultation with, Council. The biobanking agreement will include a management plan covering projected management actions and costs over the next 20 years. The minimum amount of grant funding from OEH for the biobank site is $800,000. Council will also contribute $96,000 over the first 3 years towards the Total Fund Deposit (TFD) for the biobank site. The TFD for the site will be deposited into the Biobanking Trust Fund to secure in perpetuity management funding for the biobank site. Annual payment will be provided to Council from the Biobanking Trust Fund in order to implement management actions specified within the biobanking agreement. Council may either use these funds to engage contractors or undertake the management actions itself. Annual reporting to OEH and a five yearly review of the biobanking management plans will also be required (the estimated cost of these actions is included within the biobanking agreement). 6 PROPOSED MANAGEMENT The bushland within Puckeys Estate is currently under threat from invasive weeds and feral animals and other threats associated with urbanisation and high public usage. The bushland is in moderate condition. The main species of woody, ground cover and vine weeds include: Bitou Bush (Chrysanthemoides monilifera ssp. rotundata), Lantana (Lantana camara), Asparagus Fern (Asparagus spp.), Coastal Morning Glory (Ipomoea cairica), Madeira Vine (Anredera cordifolia), Turkey Rhubarb (Acetosa sagittata), Mickey Mouse Bush (Ochna serrulata), Norfolk Island Hibiscus (Lagunaria patersoni), Groundsel Bush (Baccharis halimifolia). Council is currently managing these threats and is undertaking ecological restoration works with the assistance of Bushcare volunteers in accordance with the Puckeys Estate Bushland Management Plan (Southern Habitat, 2003). A more detailed bush regeneration plan with specific management actions to guide the on ground works and allocation of funding will be prepared to guide the preparation of the management plans that make up the biobanking agreement. The biobanking management plans will be reviewed every five years to reprioritise management actions and direct resources in response to evolving site conditions. 7 PROPOSED PERMISSIBLE DEVELOPMENTS AND ACTIVITIES This section reviews the content of the biobanking agreement standard template (see and includes proposed permissible development for consultation as part of the biobank site creation process.

10 July The biobanking agreement standard template details permissible activities within a biobank site. Section 3.4 of the biobanking agreement standard template specifies that: The landowner must not carry out, or cause or permit to be carried out, any development (as defined under clause 1 above*) on the biobank site, unless the development: o o is permitted or required under Annexure C, or is identified in the table entitled Permissible development on the biobank site contained in clause 3.5 or identified in the table entitled Permissible human activities on the biobank site contained in clause 3.6. * development for the purposes of Biobanking includes development and activity as defined in the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). Actions specified in Annexure C Management actions and management plans of the biobanking agreement are for the primary purpose of improving the biodiversity value of the biobank site. These actions are considered to be exempt development under the NSW EP&A Act Any other developments or activities can only occur on the biobank site if they are listed in clauses 3.5 Permissible development or 3.6 Permissible human activities of the biobanking agreement. Since the objective of a biobanking agreement is to improve the value of the site for its biodiversity, OEH s position is that permitted developments and activities on land that is subject to the biobanking agreement must be consistent with that objective and will also only agree to their inclusion if the locations and intensity (e.g. number of people at a time, frequencies) of the development/activity are specified. If such parameters of an intended development or activity are presently unknown, it is suggested that the development or activity as subject to the written consent of the Director General of OEH be included within the clauses 3.5 or 3.6 of the agreement, and such restrictions could be negotiated at that later time. It should be noted that additional relevant environmental approvals will also be required for such development or activities. Otherwise, developments or activities not identified at all in clauses 3.5 or 3.6 of the agreement, once made, will not be allowed without subsequent variation to the agreement (at a current cost of $1,100 if the variation was sought by the land owner). Tables 1 and 2 below list the proposed permissible development (Clause 3.5) and permissible human activities (Clause 3.6) to be considered for inclusion within the proposed biobanking agreement, subject to biobanking agreement assessments and consultation (including with OEH and key stakeholders).

11 July Table 1: Proposed permissible developments on the biobank site (as required within Biobanking agreement clause 3.5). Permissible development on the Biobank site Description of development Any development within the meaning of section 127(1) of the TSC Act reasonably considered necessary to remove or reduce an imminent risk of serious personal injury or damage to property. Implementation of all forms of hazard reduction works as directed under the Rural Fires Act Development not identified in Annexure C comprising of: Installation and maintenance of fencing, gates and signage (including signage protection shelters where required) for the purpose of environmental education, limiting human disturbance, facilitating the regeneration of native flora and the protection of native flora. Fire trail and walking track formalisation and maintenance for the purpose of biodiversity management and protection, environmental education and community involvement in Puckeys Estate. Erosion and surface drainage works for the purpose of biodiversity management and protection. Seating and /or shelters as required along existing walking tracks. Temporary placement of shed/s or structures to store weed control chemicals or other pesticides and hand tools used by Bushcare volunteers on the biobank site. Temporary placement of equipment or structures or for the purposes of flora and fauna surveys and monitoring. Environmental management works, as defined in the State Environmental Planning Policy (Infrastructure) 2007, subject to the written consent of the Chief Executive of OEH. Use of registered easements as allowed by the Conveyancing Act 1919 Works that are compatible for the management of both biodiversity and heritage values. Management zone/s All Management Zones All Management Zones All Management Zones, at locations across the site as determined by Wollongong City Council in consultation with OEH All Management Zones Management Zone(s) X # Management Zone(s) X^ at locations across the site as determined by Wollongong City Council in consultation with OEH. # The Management Zones of the biobank site will be determined as part of the further studies to be carried out. In the instance of registered easements (Figure 1) these are proposed to be excised from the biobank site. Consultation has occurred with the key infrastructure provider with easements and assets in Puckeys Estate. ^ The Management Zones of the biobank site will be determined as part of the further studies to be carried out. In the instance of Heritage Item number listed in the Wollongong Local Environmental Plan 2009, this may or may not occur in the final biobank site (footprint).

12 July Table 2: Proposed permissible human activities on the Biobank site (as required within Biobanking agreement clause 3.6). Permissible human activities on the Biobank site Description of human activities Any human activity reasonably considered necessary to remove or reduce an imminent risk of serious personal injury or damage to property. Passive recreation, with the exception of overnight stays and/or camp fires, by small groups to the extent that the condition of vegetation on site is not degraded. Such passive recreation will be limited to those allowable under the current permitted uses. Interpretive walks for the purpose of environmental education and community enjoyment and involvement. Work associated with: Installation and maintenance of fencing, gates and signage (including signage protection shelters where required) for the purpose of environmental education, limiting human disturbance, facilitating the regeneration of native flora and the protection of native flora. Fire trail and walking track formalisation and maintenance for the purpose of biodiversity management and protection. Erosion and surface drainage works for the purpose of biodiversity management and protection. Seating and /or shelters as required along existing walking tracks. Installing, removing and managing temporarily placed equipment or structures for the purposes of flora and fauna surveys and monitoring. Vehicular access for the purposes of undertaking management actions or infrastructure activities. Infrastructure providers must at all times attempt to give written notice to the landowner before entering the site. Management zone/s All Management Zones All Management Zones Management Zones which the formalised walking track traverses. All Management Zones Management Zone(s) X (see # above) 8 RESTRICTION ON USE/OWNERSHIP A search of Council records, in relation to the reserves, has identified that Puckeys Estate is: solely owned Council Community Land, not already the subject of a requirement to carry out biodiversity conservation measures of an ongoing nature under a condition of an approval or offset arrangement, not the subject of an Aboriginal Land Claim under the Aboriginal Land Rights Act 1983 or Native Title Act 1993, not subject to any covenant, lease or other interests except for a number of utility easements and Crown reserves (Figures 1 and 3).

13 July REFERENCES DECCW (2009) Guide to establishing a Biobank site. Department of Environment, Climate Change and Water, Hurstville. Southern Habitat (2003) Puckeys Estate Bushland Management Plan. Keiraville. Southern Habitat, WCC et al. (2011a) Illawarra Biodiversity Strategy. Volume 1 Action Plan. Wollongong City Council, Shellharbour City Council and Kiama Municipal Council. WCC et al. (2011b) Illawarra Biodiversity Strategy. Volume 2 Background document. Wollongong City Council, Shellharbour City Council and Kiama Municipal Council.

14 July Appendix 1: Regional and local values of the proposed Biobank site, Puckeys Estate. The biodiversity values of Puckeys Estate are well documented and include the following: three threatened ecological communities Swamp Oak Floodplain Forest, Swamp Sclerophyll Forest on Coastal Floodplains and Coastal Saltmarsh listed under listed under the Threatened Species Conservation Act 1995 (Figure 3). Cumulatively, the area of threatened ecological communities is approximately 45 per cent of the area of native vegetation plant communities mapped over Puckeys Estate. records of four threatened fauna species listed under the Threatened Species Conservation Act 1995 including three birds, one bat and one frog species with recent records of: o Ninox connivens Barking Owl, o Pteropus poliocephalus Grey-headed Flying-fox. Potential habitat for these and additional threatened fauna species. Habitat for a range of protected flora species and fauna including birds, arboreal mammals, bats, frogs, reptiles, fish and terrestrial, aquatic and marine invertebrates. An intermittently closed and open coastal lagoon supporting key fish (nursery) habitat. Good functional connectivity and some level of structural connectivity with similar or associated native plant communities and flora and fauna habitats in the locality. This includes functional and structural connectivity with: o Littoral habitats to the north, o Coastal floodplain, foothill and escarpment habitats extending to the west into the Illawarra Escarpment State Conservation Area, o Coastal plateau habitats of the extensive Metropolitan Special Area occurring over the Woronora Plateau adjoining the Illawarra Escarpment State Conservation Area. These key biodiversity and environmental features are recognised in the Illawarra Biodiversity Strategy (WCC et al a & b) where assessment of a matrix of criteria identified Puckeys Estate as one of seven highest priority sites for the focus of grant and allocation internal funding. In addition considerable resources and effort have been invested in environmental management works in areas of the reserve including from Bushcare volunteers, government grants and Council funding for conservation outcomes. Puckeys Estate is a significant community resource providing a range of passive recreational opportunities which are support through formalised walking tracks, boardwalks and interpretive signage.

15 July Appendix 2: Plant communities of Puckeys Estate. Plant communities of Puckeys Estate are mapped in Figure 3. Cleared areas, beach sand and water bodies are not included in the table below. Plant community Area (hectares) Threatened ecological communities (TEC) Coastal Swamp Oak Forest (equating 8.0 to Swamp Oak Floodplain Forest TEC) Estuarine Alluvial Wetland (equating to 1.7 Swamp Oak Floodplain Forest TEC) Alluvial Swamp Mahogany Forest 2.5 (equating to Swamp Sclerophyll Forest on Coastal Floodplains TEC) Saltmarsh (equating to Coastal 0.01 Saltmarsh TEC) TEC sub total Non threatened ecological communities Acacia Scrub 1.3 Beach Sands Spinifex 1.3 Coastal Sand Scrub 12.5 Weeds and Exotics 0.4 Non TEC sub total 15.5