Guidelines for Management of Declared Rare Flora in Mineral Exploration and Mining Special Series. Revised as at June 1998

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1 MINING ACT 1978 Guidelines for Management of Declared Rare Flora in Mineral Exploration and Mining Special Series Revised as at June 1998 MINERAL TITLES DIVISION 16 Number Sixteen 1. Introduction Western Australia has a diversity of flora which is recognised both nationally and internationally for its richness and uniqueness. There are over 10, 000 different plant species occurring in Western Australia with a majority of these being endemic to this State. There are many species of flora which may become extinct, or which are rare or are otherwise in need of special protection because of current and past land use practices. These are gazetted as rare flora under the Wildlife Conservation Act The geographical distribution of the State s rare flora are concentrated in the south west region of the State with many species of rare flora occurring outside nature reserves, state forests and national parks. It is important not only to conserve these flora but to manage them in an environmental sensitive manner for their on-going survival and benefit of enjoyment to the community. Exploration and mining activities that involve clearing of native vegetation or death of individual plants have the potential to threaten the survival of rare flora. The mining industry in its Code of Practice for Exploration in Environmentally Sensitive Areas acknowledges its responsibility to comply with environmental safeguards imposed under the Mining Act 1978 to protect rare flora. 2. Legislation The Wildlife Conservation Act 1950 and Regulations administered by the Department of Conservation and Land Management (CALM), sets out requirements for the protection of flora. Any protected native flora that the Minister considers to be rare, in danger of extinction or otherwise in need of special protection may, under the Act, be listed as Declared Rare Flora (DRF) to facilitate its continued survival in the wild. These requirements state that no person can remove, damage or take any DRF without first obtaining the consent of the Minister for the Environment. Such permission is also required where the taking of the DRF is beneficial, such as collecting seed or burning for regeneration of the species or habitat. A person taking DRF without the permission of the Minister for the Environment is liable to a fine, if conviction takes place, of up to $10,000. 1

2 3. Declared Rare Flora Classifications The following shows the classifications for listings on the DRF Schedule. Declared Rare Flora - Extant Plants which have been adequately searched for and are deemed in the wild to be plants either rare, in danger of extinction, or otherwise in need of special protection, and have been gazetted as such. Declared Rare Flora - Presumed Extinct Plants which have not been collected, or otherwise verified, over the past 50 years despite thorough searching, or of which all known wild populations have been destroyed more recently, and have been gazetted as such. There are cases where plants appear to be rare or threatened, but for which there is insufficient information to make a proper evaluation of their conservation status. These require further investigation before they can be considered for inclusion on the DRF schedule. As a means of ensuring that these plants are not discounted and to provide some priorities for their survey, CALM maintains a Priority Flora List which classifies the plants according to their conservation priority. The Priority Flora List is reviewed annually. Surveys of plants on this list can result in species being added to the DRF Schedule. Conversely where species are found to be in abundance and under no immediate threat, they have been taken off the Priority List. 4. Management of Declared Rare Flora 4.1 Declared Rare Flora Protection Measures All flora declared as rare under the Wildlife Conservation Act 1950 are listed in the Government Gazette of Western Australia. This DRF Schedule is reviewed and updated annually. CALM botanists work closely with the community, tertiary institutions, environmental consultants and mining companies to find more populations of DRF species and to improve the knowledge and understanding of the floral richness of Western Australia. The special protection afforded to DRF applies equally to all persons, and on all land tenures, whether they be Crown land, private or leasehold. On private land CALM works closely with landowners to discuss ways of managing rare flora found either by acquiring land through donation, purchase or land exchange or if the owner wants to retain the land, through fencing or other management incentives. Over the past decade, new nature reserves have been acquired in this way to protect populations of DRF. Many DRF populations occur on roadsides and in areas that have been extensively cleared for agriculture or urban development. Main Roads Department of Western Australia (MRWA) has developed operational guidelines for protection of DRF and both the MRWA and CALM work closely with Local Government Authorities to ensure protection of rare flora on Shire road reserves. 4.2 Environmental Disturbance and Declared Rare Flora Activities associated with mineral exploration and mining can result in a range of environmental disturbances. This may involve some clearing of vegetation during ground disturbing activities which are regulated under the Mining Act Before the commencement of operations, the tenement holder must first obtain approval of the Department of Minerals and Energy (DME). 2

3 Where rare flora is concerned, permission is also required from the Minister for the Environment (via CALM) for any disturbance that is likely to result from tenement activities. It is strongly recommended that consultation between the tenement holder, r, CALM and Regional Environmental Officer, DME be ongoing throughout the operation of the tenement. This will ensure that sound environmental management practices for handling rare flora are adopted and maintained. Applications to take DRF should be forwarded to CALM s Administrative Officer, Flora, Locked Bag 104, Bentley Delivery Centre Mining Act Requirements for Declared Rare Flora There is an agreement between CALM and DME to recognise areas of environmental sensitivity (including DRF) and make companies aware of their obligations under the Wildlife Conservation Act Currently an endorsement is placed by the Minister for Mines on all Mining Act tenements which contain a DRF site at the time of grant. This endorsement was amended in August 1996 to reflect the importance of management of these rare flora. The new endorsement will be applied to the grant of future tenements where rare flora are known to occur. Its purpose is to advise the tenement holder of their requirements under the Wildlife Conservation Act 1950, to take measures to avoid disturbance of the plants and advise them to contact CALM prior to commencement of any ground disturbing activities on the tenement to ascertain suitable management procedures. This endorsement now reads: The land the subject of this licence/lease affects a Rare Flora Site/Sites declared under the Wildlife Conservation Act The licensee/leaseholder is advised to contact the Department of Conservation and Land Management for detailed information on the management of Declared Rare Flora present within the tenement area Declared Rare Flora Procedures In consultation with CALM, DME has developed the following procedures to ensure that companies holding tenements with DRF sites are adequately informed to enable them to consult the local CALM officers and obtain further information on the management and location of DRF. The procedures are as follows: Mining Act tenement applications When an existing DRF site as depicted in the Department s TENGRAPH/ public plan affects a Mining Act tenement application the endorsement will be imposed at the time of grant. Existing/Granted Mining Act tenements When CALM notifies DME of a new DRF site which affects an existing Mining Act tenement, the holder is advised by DME of the need to liaise with CALM in respect to the management and protection of the DRF. A letter is sent by DME to the tenement holder and a copy forwarded to CALM for notification. Regional Environmental Officers from the Mining Operations Division, DME are given a copy of this letter for future contact with the tenement holders. Removal of DRF from State Register CALM also advises DME of the removal of DRF species from the Schedule of DRF. Although the flora are no longer designated as being rare or near 3

4 extinction or threatened they may still remain a priority flora for management and should continue to be managed. Upon notification from CALM the DME will send a letter to the affected tenement holders outlining the removal of the rare flora from the Schedule of DRF Benefits From Mining Botanical surveys conducted by mining companies on tenement areas prior to operations may result in additional populations of rare flora being recorded. This information helps CALM amend its database on the State s rare flora. Some species of DRF grow on disturbed sites as colonising species. There are instances where mining activities have actually promoted subsequent growth of DRF. These plants then become protected under the Act and though it may seem paradoxical that industry activities led to the growth of DRF, they are still protected. An example in the Southern Cross region is the colonising species Eremophila inflata (swollen-flowered emu bush) at Marvel Loch (Figure 1). 4.4 Reporting on Environmental Disturbance In the case of mining all mining leases granted require that an Notice of Intent (NOI) be submitted to the Department for assessment. The NOI addresses environmental impacts and management of proposed activities upon the natural environment including flora and fauna. The submission of a Notice of Intention to Clear Land to the State Mining Engineer of the DME (on behalf of the Commissioner for Soil and Land Conservation), provides a means of ensuring that mining operations comply with the requirements of the Soil and Land Conservation Act 1945 and that every effort is made to minimise ground disturbance. This notification is required to be lodged with an NOI if: clearing in excess of 1 hectare of vegetation on any area of land is to occur at any time and/or the proposed clearing will result in a change of land use. This requirement would apply to all mining operations. 4.5 Future Directions for Management of DRF Effective management of rare flora will be assisted by continued work by CALM, in association with industry, into: monitoring known populations of rare flora; taxonomic, biogeographic and population biology research; acquisition of additional nature reserves; the provision of incentives and assistance to private landowners; and the development of a rare flora geographical information system. Increasing community awareness of the importance of endangered flora together with endangered species legislation signals that the State has a clear commitment to conservation and protection of rare flora. The co-operation and involvement of the mining industry in this process is encouraged. 5. Acknowledgments These guidelines have been prepared by officers of the Land Access Unit, Policy and Planning Division, and Environmental and Rehabilitation Section, Mining Operations Division of the Department of Minerals and Energy, in collaboration with the Wildlife Branch of the Department of Conservation and Land Management. The following is a list of contact names and phone numbers for queries concerning Declared Rare Flora. 4

5 CALM Regional, District and Local Offices Head Office Hackett Drive CRAWLEY (08) Fax Operations Headquarters 50 Hayman Road COMO (08) Fax Postal Address: Locked Bag 104 Bentley Delivery Centre 6983 Wildlife Protection Branch General Enquires (08) Administrative Officer, Flora (08) KIMBERLEY PILBARA Messmate Way SGIO Building Welcome Road PO Box 942 PO Box 835 KUNUNURRA 6743 KARRATHA 6714 Tel: (08) Tel: (08) Fax: Fax West Kimberley District Office District Office Herbert Street Lot 391 Thew Street PO Box 65 PO Box 201 BROOME 6725 EXMOUTH 6707 Tel: (08) Tel: (08) Fax: Fax: East Kimberley District Office Messmate Way PO Box 942 KUNUNURRA 6743 Tel: (08) Fax: MIDWEST SWAN 193 Marine Terrace 3044 Albany Hwy PO Box 72 KELMSCOTT 6111 GERALDTON 6530 Tel: (08) Tel: (08) Fax: Fax: Marine Terrace Banksiadale Road PO Box 72 DWELLINGUP 6213 GERALDTON 6530 Tel: (08) Tel: (08) Fax: Fax:

6 Main Roads Dept Building Mundaring Weir Road PO Box 328 MUNDARING 6073 MOORA 6510 Tel: (08) Tel: (08) Fax: Fax: Knight Terrace 5 Dundebar Road DENHAM 6537 WANNEROO 6065 Tel: (08) Tel: (08) Fax: Fax: Local Office Small Boat Harbour PO Box 500 CARNARVON 6701 Tel: (08) Fax: GOLDFIELDS Hannan Street PO Box 366 KALGOORLIE 6430 Tel: (08) Fax: SOUTHERN FOREST SOUTH COAST Brain Street 120 Albany Hwy MANJIMUP 6258 ALBANY 6330 Tel: (08) Tel: (08) Fax: Fax: District Office Kennedy Street 92 Dempster Street PO Box 20 PO Box 234 PEMBERTON 6260 ESPERANCE 6450 Tel: (08) Tel (08) Fax: Fax: South Western Hwy 120 Albany Hwy WALPOLE 6398 ALBANY 6330 Tel: (08) Tel: (08) Fax: Fax: Brain Street MANJIMUP 6258 Tel: (08) Fax:

7 CENTRAL FOREST WHEATBELT North Boyanup Rd 7 Wald Street BUNBURY 6230 PO Box 100 NARROGIN 6312 Tel: (08) Tel: (08) Fax: Fax: Queen Street Hough Street 56 Clive Street PO Box 100 BUSSELTON 6280 NARROGIN 6312 Tel: (08) Tel: (08) Fax: Fax: Wittenoom Street 56 Clive Street COLLIE 6225 PO Box 811 Tel:(08) KATANNING 6317 Fax: Tel: (08) Fax: South Western Hwy 104c Barrack Street KIRUP 6251 PO Box 332 Tel: (08) MERREDIN 6415 Fax: Tel: (08) Fax: Local Office Bussell Hwy MARGARET RIVER 6285 Tel: (08) Fax: Plain Street EAST PERTH 6004 Department of Minerals and Energy Mining Operations Division Environmental and Rehabilitation Section Land Access Unit Tel: (08) Tel: (08) Fax: Fax: Perth Inspectorate Collie Inspectorate Perth Inspectorate (Kimberley) 66 Wittenoom Street 100 Plain Street COLLIE WA 6225 EAST PERTH WA 6004 Tel: (08) Tel: (08) Fax: Fax: Kalgoorlie Inspectorate Karratha Inspectorate Brookman Street SGIO Building (PO Box 10078) cnr Welcome Road & Hedland Place KALGOORLIE WA 6430 (PO Box 518) KARRATHA WA 6714 Tel: (08) Tel: (08) Fax: Fax:

8 Figure 1. Example of colonising species of rare flora Eremophila inflata. on drill pad in Jilbadji Nature Reserve. This pamphlet is issued by the Minerals Titles Division of the Department of Minerals and Energy. 1st Floor Mineral House 100 Plain Street (Cnr Adelaide Terrace) EAST PERTH WA 6004 PHONE: (09) FAX: (09) TELEX: AA95791 MINEWA Internet: N.B. The information contained in this pamphlet is designed to assist in gaining a general awareness of the requirements of the Mining Act 1978 and is not intended to be a substitute for understanding the statutory requirements of the Act and Regulations thereunder. 8