Public record pursuant to s39(l) of the Environmental Protection Act 1986

Transcription

1 Envirnmental Prtectin Authrity GOVERNMENT OF WESTERN AUSTRALIA Public recrd pursuant t s39(l) f the Envirnmental Prtectin Act 1986 Prpsal Title: Prpsal Lcatin: Case Number: CMS Lt 383, Cttesle Date referral received: Date mre infrmatin received: Referrer: Mr Laurie Scanlan, Cttesle Pier Pty Ltd Prpnent: Cttesle Pier Pty Ltd Ptential significant effects: There are ptential impacts t: castal prcesses and benthic cmmunities and habitat frm changes t wave climate and sediment prcesses; marine envirnmental quality and marine fauna during cnstructin; and visual amenity frm the physical presence f the cnstructed Pier. Public cmment n referral infrmatin: D nt assess: 1 Assess: a) Referral infrmatin 0 b) Envirnmental review - n public review 0 c) Public envirnmental review 13 Ttal submissins: 14 Decisin: s. 39A - Nt Assess Referral Examined, preliminary investigatins and inquiries cnducted. Prpsal nt t be assessed under Part IV f the EP Act - Advice Given. Explanatin f decisin: Cttesle Pier The EPA cnsiders that the likely envirnmental effects f the prpsal are nt s significant as t warrant frmal assessment. The predicted extent and cnsequences f the impacts n the marine and terrestrial envirnment are minr, because the prpsal includes an penpile structure, is small in scale and lcated within a highly mdified castal envirnment. The EPA is f the view that the ptential impacts can be adequately managed thrugh the implementatin f the prpsal in accrdance with the referral dcumentatin, which includes the prpnent's management and mitigatin measures, and implementatin f the EPA's advice given t ther relevant decisin making authrities. It is nted that ther statutry prcesses relevant t this prpsal include the Planning and Develpment Act 2005, Abriginal Heritage Act 1972 and the Fish Resurces Management Act Appeals: This decisin is appealable. Appeals clse Appeals are administered by the Office f the Appeals Cnvenr. Dr Tm Hattn CHAIRMAN Delegate f the Envirnmental Prtectin Authrity Date: /_5" //i/ 2 > I 7

2 imf Envirnmental Prtectin Authrity GOVERNMENT OF WESTERN AUSTRALIA Envirnmental Prtectin Act 1986 Sectin 39A(7) PUBLIC ADVICE Prpsal: Prpnent: Decisin: Cttesle Pier Cttesle Pier Pty Ltd Nt Assessed - Public Advice Given The EPA cnsiders that the prpsal is unlikely t have a significant impact n the envirnment and des nt warrant frmal assessment. Backgrund: On 21 March 2016, Cttesle Pier Pty Ltd referred the Cttesle Pier prpsal t the Envirnmental Prtectin Authrity (EPA) under sectin 38 f the Envirnmental Prtectin Act 1986 (EP Act). The prpsal includes the cnstructin f a piled structure including an underwater bservatry, cafe with prmenade area and assciated public facilities including a swimming area and fishing jetty alng and extending beynd the existing rck gryne at Cttesle Beach. The prpsal was advertised fr public cmment and the Envirnmental Prtectin Authrity (EPA) ntes that 14 public cmments were received. Key issues raised in the public submissins included: impacts t the Cttesle Reef Fish Habitat Prtectin Area and marine fauna including the Leafy and Weedy sea dragns; impacts t castal prcesses and resulting changes t surf breaks and swimming; increased visitr numbers and resulting pllutin, traffic and access issues; and changes t the visual amenity and sense f place f Cttesle Beach. At the time f referral, the EPA cnsidered that it did nt have enugh infrmatin regarding the ptential impacts f the prpsal t make a decisin as t whether r nt t assess the prpsal, and if s the level f assessment. Since March 2016 the EPA has requested further infrmatin frm the prpnent, which has resulted in the prvisin f technical studies including a Wave Impact Study (Advisian, 2016) and Castal Prcesses and Sedimentatin Impact Study (Advisian, 2017). The EPA has als requested and received advice frm ther relevant Gvernment agencies including the Department f Primary Industries and Reginal Develpment (frmerly Department f Transprt and Department f Fisheries), the Department f Bidiversity Cnservatin and Attractins (frmer Department f Parks and Wildlife), the Department f Abriginal Affairs, and the Twn f Cttesle. The Atrium Level 4, 168 St Gerges Terrace, Perth, Western Australia Pstal Address: Lcked Bag 10, East Perth, Western Australia Telephne: (08) Facsimile: (08) inf.epa@dwer.wa.gv.au Website:

3 Relevant Statutry and Administrative Prvisins The EPA has cnsidered the prpsal in accrdance with the requirements f the EP Act and the Envirnmental Impact Assessment (Part IV Divisins 1 and 2) Administrative Prcedures 2016 and Prcedures Manual. Materials cnsidered in making this decisin The EPA has cnsidered and had regard t the referral infrmatin, which is available n the EPA's cnsultatin hub, any cmments received during the 7 day cmment perid, infrmatin cnducted thrugh its wn inquiries and any further infrmatin requested frm the prpnent and gvernment agencies. Cnsideratin In making its decisin n whether t assess the prpsal, the EPA had regard t varius matters, including the fllwing (as utlined in the EPA's Statement f Envirnmental Principles, Factrs and Objectives): a) values, sensitivity and quality f the envirnment which is likely t be impacted b) extent (intensity, duratin, magnitude and gegraphic ftprint) f the likely impacts c) cnsequence f the likely impacts (r change) d) resilience f the envirnment t cpe with the impacts r change e) cumulative impact with ther prjects f) cnnectins and interactins between parts f the envirnment t infrm a hlistic view f impacts t the whle envirnment g) level f cnfidence in the predictin f impacts and the success f prpsed mitigatin h) public infrmatin that infrms the EPA's cnsideratin f the likely effect f the prpsal, if implemented, n the envirnment In cnsidering the ptential direct and indirect impacts f the prpsal n the Flra and Vegetatin; Benthic Cmmunities and Habitat; Castal Prcesses; Marine Envirnmental Quality; Marine Fauna; and Scial Surrundings (Abriginal Heritage and Amenity), the EPA has had particular regard t: the high values f the envirnment including the Cttesle Reef Fish Habitat Prtectin Area, and the existing Cttesle Beach lcality which is a highly mdified castal envirnment; the prpnent's measures t avid and minimise impacts t benthic habitats and cmmunities and castal prcesses by designing an pen piled structure which is an extensin t the existing rck gryne at Cttesle beach, and lcated in an area f bare sand; the duratin and temprary nature f the impacts assciated with pile driving which are expected t ccur within a 4-8 week perid;. Page 2

4 the results f studies undertaken by the prpnent t determine the extent and cnsequences f the prpsal t castal prcesses which are predicted t be minr, with n impacts predicted suth f the gryne at the Cttesle Reef; the mitigatin strategies prpsed by the prpnent t avid and minimise impacts, fr example the develpment and implementatin f; a Cnstructin and Envirnmental Management Plan t minimise impacts t Marine Envirnmental Water Quality; Marine Fauna Management Measures; and Castal Prcesses Mnitring and Management Measures. the advice frm the Department f Primary Industry and Reginal Develpment (DPIRD) that: the impacts t Cttesle Beach as a result f any change t castal prcesses are expected t be minr and recmmendatins that a Castal Mnitring and Management Plan be develped. the preparatin f a Cnstructin and Envirnmental Management Plan culd address cncerns related t water quality mnitring prgrams, the use f a silt curtain, the use f lighting and bisecurity measures. an apprval fr anchring within the Fish Habitat Prtectin Area during the cnstructin perid wuld als be subject t assessment, and the prpnent shuld cnsult with the Fisheries Divisin in this regard. the advice frm the Department f Bidiversity, Cnservatin and Attractins that risks t marine fauna during cnstructin culd be managed thrugh the implementatin f peratinal prcedures including restricting piling t daylight hurs; engaging experienced marine fauna bservers; sft start up prcedures and stp wrk triggers assciated with defined buffer znes that are mnitred prir t and during all piling peratins; and avidance f peak fauna migratin perids. the advice frm the Department f Abriginal Affairs (DAA) that the prpsal verlaps tw knwn Abriginal heritage places: Registered Abriginal site DAA 435 (Mnderup); and DAA 3776 (Indian Ocean) - Stred data. The DAA als advised that the prpnent wuld need t cnsult with the Abriginal cmmunity and Native Title claimants prir t determining the need fr cnsent under the Abriginal Heritage Act the advice frm the Twn f Cttesle (the Twn) that: as the prpsal is lcated in a Parks and Recreatin reservatin under the Metrplitan Regin Scheme it wuld require planning apprval frm the Western Australian Planning Cmmissin (WAPC), and that the WAPC plicies in relatin t the envirnment, castal planning and develpment wuld be imprtant cnsideratins. Page 3

5 the prpnents prpsed castal mnitring and management plan shuld have regard t the Twn's 2008 study Vulnerability f the Cttesle Freshre t the Ptential Impacts f Climate Change, and t the Twn's nging castal mnitring prgram. The Twn als advised that in the event that the prpsal prceeds they wuld mdify its prgram t take accunt f it in their mnitring methdlgy. the Twn has nt frmally cnsidered the prpsal, undertaken any cmmunity cnsultatin, r made any cmmitment in relatin t it. The EPA als ntes the additinal infrmatin prvided by the Twn which identified further issues including impacts t beach gers and planning matters, such as traffic and parking and the effects f the prpsal n the Twn's cntrls and respnsibilities, which are nt relevant cnsideratins fr the EPA under the EP Act. the minimal (0.012 hectares) clearing f flra and vegetatin required t implement the prpsal and the small, and already highly mdified area f the prpsal which intersects the bundary f the Registered Abriginal Site DAA 435 (Mnderup); the presence f ther statutry prcesses that can manage the ptential impacts t the identified envirnmental factrs including the requirement t seek planning apprval under the Planning and Develpment Act 2005, which includes the ability t cnsider impacts t visual amenity, and cnsider the prpsal in the cntext f the State Planning Plicy 2.6. State Castal Planning Plicy. the requirement t seek apprvals t anchr within the Cttesle Reef Fish Habitat Prtectin Area under the Fish Resurces Management Act the requirement t seek cnsent under Sectin 18 f the Abriqinal Heritaqe Act the EPA has nt cnsidered scial, ecnmic r planning matters which are nt relevant cnsideratins fr the EPA under the EP Act. These matters will be cnsidered by ther relevant decisin-making authrities. In summary, althugh the prpsal raises a number f envirnmental issues, the EPA cnsiders that its bjectives fr Flra and Vegetatin; Benthic Cmmunities and Habitat; Castal Prcesses; Marine Envirnmental Quality; Marine Fauna; and Scial Surrundings (Abriginal Heritage and Amenity) can be met. This is primarily n the basis that the predicted extent and cnsequences f the impacts n the marine and terrestrial envirnment are minr, because the prpsal includes an pen-pile structure, is small in scale and lcated within a highly mdified castal envirnment. As a result, the EPA cnsiders that the likely envirnmental effects f the prpsal are nt s significant as t warrant frmal assessment. The EPA is f the view that the ptential impacts can be adequately managed thrugh the implementatin f the prpsal in accrdance with the referral dcumentatin, which includes the prpnent's management and mitigatin measures, implementatin f Page 4

6 the EPA's advice given t ther relevant decisin making authrities, and dealt with by ther statutry prcesses. These include thrugh Planning and Develpment Act 2005, Abriginal Heritage Act 1972 and the Fish Resurces Management Act Envirnmental Factrs The EPA has identified the fllwing envirnmental factrs relevant t this prpsal: a) Castal Prcesses; b) Marine Envirnmental Quality; and c) Marine Fauna. There were n factrs that were determined t be key envirnmental factrs that wuld require frmal assessment under Part IV f the EP Act. The EPA cnsiders that the mitigatin f the ptential effects n the envirnment can be regulated by ther statutry decisin-making prcesses and thrugh the implementatin f prpnent cmmitments and best practice measures in accrdance with this advice. 2. Advice and Recmmendatins regarding Envirnmental Issues a. Castal Prcesses The EPA ntes that the Wave Impact Study (Advisian, 2016) and Castal Prcesses and Sedimentatin Impact Study (Advisian, 2017) cmmissined by the prpnent have predicted that impacts t castal prcesses as a result f the implementatin f the prpsal are minr and are largely limited t the immediate vicinity f the prpsal. Cnsistent with advice received frm the DPIRD, the EPA recmmends that in cnsidering the develpment applicatin fr the prpsal that the WAPC require the prpnent t prepare and implement a Castal Prcesses Mnitring and Management Plan, in rder t mitigate any uncertainty in regards t castal climate, t accunt fr mdel limitatins, and t give effect t the cmmitments made by the prpnent. The plan shuld be prepared in cnsultatin with the Twn f Cttesle and DPIRD and include, but nt be limited t, mnitring bth prir t and during cnstructin, and regular pst cnstructin mnitring t capture any ptential lng term impacts up t years. The EPA als ntes that scenari mdelling undertaken in the Castal Prcesses and Sedimentatin Impact Study (Advisian, 2017) identified that the mvement f the prpsal by 10 metres t the west wuld reduce the extent f ersin between the bservatry and the gryne. The EPA expects that the final detailed design be selected t minimise impacts t castal prcesses as far as practicable. Page 5

7 b. Marine Envirnmental Quality The EPA ntes that the prpsal is lcated within the Cttesle Reef Fish Habitat Prtectin Area, and that prpsal, in particular the cnstructin f the piled structure, has ptential t impact marine envirnmental quality. The EPA recmmends that in cnsidering the develpment applicatin fr the prpsal that the WAPC require the prpnent t prepare and implement a Cnstructin and Envirnmental Management Plan, in rder t ensure that impacts t marine envirnmental quality are minimised as far as practicable and t give effect t the cmmitments made by the prpnent. The plan shuld be prepared in cnsultatin with the DPIRD and include, but nt be limited t, measures such as timing f cnstructin, spill management prcedures, antifuling requirements, the use f silt curtains during cnstructin and requirements fr water quality mnitring. c. Marine Fauna The EPA ntes that the prpsal is lcated within the Cttesle Reef Fish Habitat Prtectin Area, and that prpsal has ptential t directly and indirectly impact marine fauna, in particular during cnstructin. The EPA ntes that the Cttesle Reef system cntains a diverse range f habitats and supprts many different species f marine fauna. The studies undertaken by the prpnent predicted that any impacts t castal prcesses are limited largely t the immediate vicinity f the prpsal and that n impacts t castal prcesses were expected t the suth f the Cttesle Gryne. The EPA is f the view that the ptential impacts t marine fauna as a result changes t marine envirnmental quality and direct risks thrugh interactins with marine fauna such as dlphins and sea lins during cnstructin are manageable thrugh the implementatin f the belw advice. In additin, the prpsal (being an pen piled structure) is unlikely t result in permanent impacts t the habitats fr the Leafy and Weedy Seadragns which are assciated with reef and seagrasses. The EPA recmmends that in cnsidering the develpment applicatin fr the prpsal that the WAPC require the prpnent t prepare and implement a Cnstructin and Envirnmental Management Plan and a Marine Fauna Management Plan in rder t ensure that impacts t marine fauna are minimised as far as practicable, and t give effect t the cmmitments made by the prpnent. The Cnstructin and Envirnmental Management Plan shuld be prepared in cnsultatin with the DPIRD and include, but nt be limited t, measures such as mnitring ffish spawning aggregatins, use f lighting and bisecurity measures. Page 6

8 The Marine Fauna Management Plan shuld be prepared in cnsultatin with the Department f Bidiversity, Cnservatin and Attractins and include, but nt be limited t, measures such as timing f cnstructin, requirements fr sft start prcedures, marine fauna bservers and marine fauna safety buffer znes. Tm Hattn Chairman 17 Nvember 2017 Page 7