Environmental impact assessment of council roadside activities

Transcription

1 Environmental impact assessment of council roadside activities Developed on behalf of LGNSW for the Council Roadside Reserve Project

2 Introduction These slides cover legislative obligations in undertaking an environmental impact assessment of council activities which have potential to impact natural features in the roadside environment. Topics covered: Environmental Planning & Assessment Act 1979 State Environmental Planning Policy 2007 (SEPP Infrastructure) Exempt development Development permitted without consent Preparation of a Review of Environmental Factors (REF) 2

3 EP&A Act - Council obligations to consider impacts Council must adequately address a range of environmental, social and economic matters associated with roadside construction and maintenance works Includes impacts on threatened species, populations, or ecological communities listed under schedules of the Biodiversity Conservation Act 2016 (NSW) and Fisheries Management Act 1994 (NSW) Preparation of a REF or Environmental Impact Statement is the key mechanism through which Council can fulfil its responsibilities 3

4 Other legislative considerations Matters of National Environmental Significance (NES) under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 Heritage Act 1997 for significant items of social, cultural, archaeological significance Water Management Act 2000 for impacts such as excavation or deposition on water front land 4

5 Assessment and approval pathways under the EP&A Act 1979 exempt development (i.e. is not subject to environmental assessment) development permissible without consent (i.e. may be carried out in accordance with the relevant environmental planning instrument) development that needs consent (i.e. must not be carried out unless a consent has been obtained) 5

6 Environmental Assessment Most development requires some form of environmental impact assessment Environmental Planning & Assessment (EP&A) Act 1979 is the main Act providing for assessment of environmental impacts Development that needs consent: Part 4 Development that does not need consent: Part 5 May require environmental assessment 6

7 SEPP Infrastructure 2007 To facilitate the delivery of infrastructure across the State by improving regulatory certainty and efficiency Outlines the approval process and assessment requirements for infrastructure proposals Identifies works of minimal environmental impact as exempt or complying development 7

8 SEPP Infrastructure: Part 3 Division 17 Roads and Traffic Clause 97 Development for the following purposes is exempt development if it is carried out by a public authority and complies with clause 20. (1)(f) upgrading or maintenance of landscaping, or vegetation management (such as weed spraying, slashing and pruning), that: (i) does not involve construction works, and (ii) involves the replacement (if any) of existing materials with similar materials only 8

9 SEPP Infrastructure: Exempt Development clause 20 Clause 20 identifies general requirements for exempt development, e.g. must satisfy relevant provisions of Building Code of Australia, must be carried out in accordance with Blue Book, must involve no more than minimal impact on items of heritage significance must not involve clearing of vegetation that requires a permit or development consent This clause also notes that other approvals, licenses, common law, adjoining property owners rights, etc still apply 9

10 SEPP Infrastructure: Part 3 Division 17 Roads and Traffic Clause 94 Development for the purpose of road or road infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. Road infrastructure facilities includes (2)(b) emergency works and routine maintenance works and (2)(d) environmental management works, if the works are in or adjacent to a road corridor When undertaking development without consent, Council needs to consider the environmental impact of the activity. This is typically done via a Review of Environmental Factors 10

11 Minimal Environmental Impact What if activities identified in the SEPP do not have a minimal environmental impact? What is a minimal environmental impact? If there is doubt carry out an environmental assessment 11

12 Assessment of Significance Considers impacts on threatened species and ecological communities, and their habitats Used to assess biodiversity impacts for proposed activities Five factors to consider: Adverse effects on the life cycle of a species Adverse effects on ecological communities Adverse effects on habitats Adverse effects on areas of outstanding biodiversity value Key threatening processes 12

13 What is an REF? A Review of Environmental Factors (REF) is: an environmental assessment under Part 5 of the EP&A Act, required as part of the assessment of activities needing approval under NSW legislation. 13

14 What is an REF? (cont.) An REF will evaluate an activity to determine whether an activity is likely to significantly affect: the environment critical habitat threatened species, populations or ecological communities, or their habitat heritage soil erosion, acid sulfate soils, contamination water quality noise air quality traffic 14

15 Proponent and Determining Authority Proponent: the person or body proposing to carry out the activity Determining Authority: the body responsible for assessing and approving the activity Council, as a public authority is both a proponent and determining authority i.e. it must prepare and review any environmental assessment documents required under Part 5 except where an EIS or SIS is required 15

16 What needs to be considered in an REF? S5.5 EP&A Act: Duty to consider environmental impact the determining authority must examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity 16

17 What needs to be considered in an REF (cont.)? Section 228 of the Environmental Planning and Assessment Regulation 2000 contains a list of 16 factors that need to be taken into account concerning the impact of an activity (Part 5) on the environment some examples: (c) any environmental impact on the ecosystems of the locality (d) any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality (j) any risk to the safety of the environment (l) any pollution of the environment 17

18 What needs to be considered in an REF (cont.)? (n) any increased demands on resources (natural or otherwise) that are, or are likely to become, in short supply, (o) any cumulative environmental effect with other existing or likely future activities, (p) any impact on coastal processes and coastal hazards, including those under projected climate change conditions What types of activities would this cover? What sorts of impacts? 18

19 Determining the level of assessment required Risk-based assessment, considering: Sensitivity of the environment Potential impacts of the works Potential for successful impact mitigation Community expectations 19

20 Large-footed Myotis (Myotis macropus)

21 Large-footed myotis Maternity roosts in road culverts

22 Bat Management Plan Alternative Habitat

23 Determining the level of assessment required (cont.) Do you have enough information to do the assessment? Low risk + Low impacts Seek specialist assistance Specialist studies (Flora and Fauna Assessments) Complex REF Review and recommendation 23

24 Options for REFs In house REF s: Proforma Template Councils Environmental specialists Outsourced: High risk Comprehensive Complex 24

25 Key roadside environmental management issues Vegetation clearing and fragmentation Incorrect general assumption that only trees are protected Fauna habitat niches Connectivity routes 25

26 Key threats to the roadside natural environment Habitat degradation Pest species and weed invasion Agricultural/rural land use (grazing, TSRs) Firewood collection Loss of hollow bearing trees Changed fire regimes 26

27 Key roadside management issues Knowledge Gaps Vegetation community distribution Vegetation condition Presence of threatened flora and fauna species EEC identification 27

28 Capacity building for councils Invest in internal capacity Training, professional development Databases, maps, resources Networks Support Within your council i.e. environmental staff Other Councils Roadside Environment Committee Professional groups Environmental specialists Government agencies 28

29 Recap Planning context Development with/without consent Exempt development Part 4 and Part 5 Environmental Assessment REF s - in-house or outsourced REF template 29

30 This presentation has summarised the ecological impact assessment process for council roadside activities. The Council Roadside Reserve (CRR) Project delivered by LGNSW and funded through the NSW Environmental Trust is available to Councils to develop and trial improvements to roadside environmental management. 30