2.1 Environmental Responsibility & Land Capability

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1 2.1 Environmental Responsibility & Land Capability Introduction The Land use permissibility of a development in a particular under the zone, as indicated by the Lake Macquarie LEP 2004 does not mean indication that the land is suitable for theat development. This Section provides2.1 of this DCP is intended to guidance relating to the initial phase of development consideration, application preparation and assessment by Council. The matters identified in this Section provide guidance on retaining the City s environmental values, such as biodiversity and scenic amenity. It, while also highlighting guides matters development that may impact on certain landsbe effected by, such as bushfire risk, and acid sulfate soils and the like. The Environmental Responsibility and Land Capability Principles of Development are: Justification: Clarification for users of the DCP. Natural Ecological Values Ecological Corridors Scenic Values Tree Preservation and Management Bushfire Risk Water Bodies, Waterways and Wetlands Flood Management Development on Flood Prone Land at Dora Creek Sloping Land and Soils Acid Sulfate Soils Operational Erosion Prevention and Sediment Control Mine Subsidence Contaminated Land LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 11 Revision 05 - Sustainability Review Version 03 F2009/00928

2 Energy Efficiency Noise and Vibration Air Quality Building Waste Management Demolition and Construction Ecological Values The INTENT of Council s requirements is to conserve the biodiversity of the City and the Region. Links Ecological Corridors Tree Preservation and Management Bushfire Risk Water Body, Waterway or Wetland Erosion Prevention and Sediment Control 2.5 Stormwater Management, Infrastructure and On-site Services Streetscape and Local Character 3.2 Subdivision Justification: Clarification for users of the DCP. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 12 Revision 05 - Sustainability Review Version 03 F2009/00928

3 Performance Criteria Acceptable Solutions Justification: The intent may be achieved where: P.1 Iimpacts of the proposal development on native flora and fauna is avoided or minimised. A1.1 A1.2 A1.3 Development is located and designed to avoid or minimise impacts on local and regional native vegetation. Where a development is proposed to impact on an area of native vegetation, it is demonstrated that no reasonable alternative is available; and Suitable ameliorative measures are proposed. A native vegetation protection bond is provided to Council to ensure the protection of land containing vegetation during development construction. P1 is a minor rewording change for clarification for users of the DCP. A1.1 is amended by stating that impacts considered are to include impacts on local and regional vegetation. A1.2 is amended by rewording for clarity only. A1.3 is a new provision that offers an additional acceptable solution so developers can move forward with development with a bond to protect native vegetation that needs to be protected on the site. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 13 Revision 05 - Sustainability Review Version 03 F2009/00928

4 Performance Criteria Acceptable Solutions Justification: P2. Native Flora and Fauna Assessments are conducted undertaken with sufficient detail to assess the effects of the proposal and to ensure compliance. A2.1 A2.2 Flora and Fauna Assessments are prepared and lodged in accordance with Council s Flora and Fauna Guidelines (2001) establishing the significance of the site and shall: Identify the value and location of significant habitat on the site and where necessary, on surrounding lands. Identify the total impact of the development on native flora, fauna and SIGNIFICANT HABITAT, Address legislative requirements, and Identify the location of significant habitat on the site and where necessary, on surrounding lands. Identify the value and location of significant habitat. When native vegetation or fauna habitat is to be affected either directly or indirectly the Flora and Fauna Assessment must address section 5A of the Environmental Planning and Assessment Act 1979 (ie. contains the Assessment of Significance Test or the development application must be supported by a Biobanking Statement. P2 is amended by making the existing provision clearer. A2.1 is amended by: adding direction in relation to the sort of information to be provided relating to Flora and Fauna Assessments; Replacing the second last dot point with a revised version that requires detail on the value of significant habitat in addition to the location of that habitat. See Ecological Values Additional Information, LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 14 Revision 05 - Sustainability Review Version 03 F2009/00928

5 Performance Criteria Acceptable Solutions Justification: P2. Continued A2.3 The Flora and Fauna Assessment and the Assessment of Significance Test is sufficient to determine whether there is likely to be a significant affect on threatened species, populations or ecological communities or their habitats as well as impacts on significant habitat/s or a Biobanking Statement is submitted with the development application. A2.4 If the proposal is likely to have a significant effect on threatened species, populations or ecological communities or their habitats, the development application includes: a Species Impact Statement is prepared and lodged; or a Biobanking Statement is submitted with the development application. A2.5 Additional flora and fauna survey work may have to be undertaken requiredto demonstrateing that the how the performance criteria can be met. A2.6 Any relevant research, recovery plans, threat abatement plan, guidelines and Management Plans are appropriately addressed in the flora and fauna assessment. A2.7 All impacts of the proposed development are detailed on a DEVELOPMENT SITE PLAN (Refer to page 11) and assessed by the Flora and Fauna Assessment. A2.4 is amended with minor rewording to better clarify DCP requirements. A2.5 is amended with minor rewording to better clarify DCP requirements. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 15 Revision 05 - Sustainability Review Version 03 F2009/00928

6 Performance Criteria Acceptable Solutions Justification: P3. SIGNIFICANT HABITAT, being areas and habitat elements important for significant flora and fauna species, populations, vegetation communities and/or ecological communities, is protected and enhanced on and/or adjoining the site. Note Significant habitat includes marine, estuarine and aquatic environments A3.1 A3.2 Development is located and designed to avoid impacts on significant habitat. Note Significant habitat includes marine, estuarine and aquatic environments Where a development is proposed to impact on an area of ecological value: The Note is relocated only from column two to column one. Continued It is demonstrated that no reasonable alternative is available, and Suitable ameliorative measures are proposed. A3.3 Additional flora and fauna survey work may have to be undertaken to demonstrate that the performance criteria can be met. A3.4 Measures are put in place during construction to protect native vegetation or fauna habitat. This should be detailed in the a ConstructionSite Management Plan (refer to page 11). A3.4 is amended with minor rewording to better clarify DCP requirements. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 16 Revision 05 - Sustainability Review Version 03 F2009/00928

7 Performance Criteria Acceptable Solutions Justification: A3.5 A3.5 A3.6 A management plan for retention of significant habitats, is prepared and/or covered in the other management plans (ie. A Development Site Plan, A Property Management Plan and A Construction Management Plan) required for the development. Degraded or areas affected by the development are rehabilitated with indigenous native species to establish a self maintaining ecosystem as close as possible to the natural state. Note Ameliorative measures could include rehabilitation or replacement of significant habitat and/or the provision of buffers. A3.5 is relocated and now appears as A5.1 (it is not deleted but relocated). A3.5 is renumbered only. P4. The development proposal assists in meeting regional objectives and targets set by the Department of Environment and Climate Change and/or LHCCREMS and/or the Central Coast Native Vegetation Committee in a Native Vegetation Management Plan. A4. Development must be consistent with achievement of the Lower Hunter Regional Conservation Plan, the Regional Biodiversity Conservation Strategy and the Central Coast Native Vegetation Management Plan and any targets set by these documents P4 and A4 are updated to ensure DCP No.1 is in line with State Government department name changes and new applicable documents. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 17 Revision 05 - Sustainability Review Version 03 F2009/00928

8 Performance Criteria Acceptable Solutions Justification: P5. Support ddevelopment (excluding minor developments) in the following zones/ zonesareas with a Site Management Plan (SMP): A5.1 TheA following planssmp are is prepared and lodged demonstrating coordination of all relevant site plans including but not limited to: P5 and A5.1 are amended with minor rewording to better clarify DCP requirements. 6 Open space 7 Conservation and Environmental, 9 Natural Resources, and 10 Investigation, and Areas set aside for ecological reasons. The SMP is demonstrates the designed and constructedion of the development to avoids and minimises impacts on the ecological values of the land, does not further fragment land and maintains minimum viable habitat areas for significant species. A5.2 areas set aside for ecological reasons; DEVELOPMENT SITE PLAN, and Athe Property Management Plan, and Athe Construction Management Plan (Refer to page 11) Development results in a positive conservation outcome for significant habitat and/or corridors through enhancement, protection and/or long term security. P6 Ensure long term protection and management of areas set aside for ecological reasons. A6.1 A6.2 Land requiring protection for its conservation value is to be protected in a secure tenure (preferably in public ownership) with appropriate conservation management. Ongoing conservation arrangements of land must address ownership and management for conservation long term. P6 is a new provision that supports Council s objectives to minimise the loss of biodiversity and maximise native species retention. A6.1, 6.2 and A6.3 are new provisions that direct P6 and provide guidance for areas of ecological significance. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 18 Revision 05 - Sustainability Review Version 03 F2009/00928

9 Performance Criteria Acceptable Solutions Justification: A6.3 Where land is identified as having conservation value, a legal agreement (such as a planning agreement prepared under the Environmental Planning and Assessment Act 1979) may be entered into to establish a mechanism to maintain conservation values and to accept dedication of land to Council. A6.2 Any land disturbed within the Awaba Conservation Area, is rehabilitated with indigenous native species to establish a self maintaining ecosystem as close as possible to the natural state. As above. This requirement is relocated and appears later in the same section of the DCP. Note The boundary of the Conservation Area is identified on diagram 1. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 19 Revision 05 - Sustainability Review Version 03 F2009/00928

10 Performance Criteria Acceptable Solutions Justification: P7. SIGNIFICANT HABITAT in and around the site is protected from external influences. A7.1 The development is designed to respect and address the areas to be maintained in their natural condition. A7.2 A7.3 2 A7.4 A7.5 3 A7.6 A suitable buffer and/or barrier is established between development and areas of significant habit to ensure that they will be maintained in their natural condition. The width of the buffer or form of the barrier will vary, depending on the function/s of the habitat, the natural ENVIRONMENT and the type of development proposed. Habitats on ridgelines and in gullies and the riparian or littoral habitat areas of WATER BODIES, WATERWAYS and WETLANDS are retained and enhanced. Buildings and structures, roads, driveways, parking facilities, fences, dams, infrastructure, drainage, Bushfire Asset Protection zones, mown parkland and sporting facilities are located outside significant habitat areas. The introduction of domestic dogs and cats to ecologically valuable areas is limited or eliminated. Measures are taken to define the physical footprint of the development to: Make ongoing maintenance and management efficient and effective, and This requirement now appears later in the same section of the DCP. This requirement now appears later in the same section of the DCP, and is grouped with other similar requirements. This requirement now appears later in the same section of the DCP, and is grouped with other similar requirements. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 20 Revision 05 - Sustainability Review Version 03 F2009/00928

11 Performance Criteria Acceptable Solutions Justification: Prevent introduced species (eg stock) and weeds, contaminants, nutrients and sediments spreading from the development site into native vegetation. This requirement now appears later in the same section of the DCP, and is grouped with other similar requirements. This could take the form of a physical barrier such as a pathway or fencing. Note It is preferable not to locate fire hazard reduction measures within buffer zones. P8 SIGNIFICANT HABITAT is buffered from external influences. A8.1 A suitable buffer and/or barrier is established between development and areas of significant habitat to ensure that they will be maintained in their natural condition. P8 and A8.1 to A8.3 have been relocated and slightly reworded for clarity. A8.2 The width of the buffer or form of the barrier depends on the function/s of the habitat, the natural ENVIRONMENT and the type of development proposed. See Ecological Values - Additional information. A8.3 Proposed buffer widths consider the topography, significance of habitat, and the potential impacts of the development. Note Only under exceptional circumstances will APZ and stormwater management devices be permitted to be included within ecological buffer zones. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 21 Revision 05 - Sustainability Review Version 03 F2009/00928

12 Performance Criteria Acceptable Solutions Justification: P9 Development footprint is kept to a minimum and defined to reduce impacts on the environment. A9 The physical footprint of the development is defined to ensure: ongoing maintenance and management is efficient and effective, buildings, structures, roads, driveways, parking facilities, fences, dams, infrastructure, drainage, Bushfire Asset Protection zones, mown parkland and sporting facilities are located outside significant habitat areas, and introduced species (eg stock) and weeds, contaminants, nutrients and sediments are prevented from spreading from the development site into native vegetation. P9 and A9 are relocated and expanded provisions that broaden the requirements for all development to minimise impacts on the environment. For sensitive areas the boundary of the area is preferably defined by a physical barrier such as a pathway or fencing. P10 8. The Awaba Conservation Area is conserved over the long term. Note The Conservation Area is shown in diagram 1. A Where the Awaba Conservation Area is to be disturbed for resource extraction, site disturbance is limited to 15 percent of the total land holding and/or leasehold that lies within the Conservation Area. This disturbance should not cause unacceptable impacts on significant habitat or ecological corridors. The note is relocated for clarity. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 22 Revision 05 - Sustainability Review Version 03 F2009/00928

13 Performance Criteria Acceptable Solutions Justification: A Any land disturbed within the Awaba Conservation Area, is rehabilitated with indigenous native species to establish a self maintaining ecosystem as close as possible to the natural state. Note The boundary of the Conservation Area is indicated shown in diagram 1. As above, note is not deleted it is relocated. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 23 Revision 05 - Sustainability Review Version 03 F2009/00928

14 Ecological Values Additional Information Requirements of Other Legislation The development proposal must also comply with the requirements of any relevant State or Commonwealth legislation or planning policy. These include, but are not limited to: The Threatened Species Conservation Act 1995 (NSW) The Native Vegetation Conservation Act 1997 (NSW)(Contact Department of Environment and Conservation) The Environment Protection and Biodiversity Conservation Act 1999 (Contact Environment Australia) SEPP 14 Coastal Wetlands SEPP 19 Bushland in Urban Areas SEPP 26 Littoral Rainforest SEPP 44 Koala Habitat Protection Fisheries Management Act 1994 Justification: Information moved to later in the section reducing repetition. Summary of Flora and Fauna Assessment Requirements Flora and Fauna Assessment should be undertaken early in the preparation stages of an application, and any flora and fauna issues incorporated into the proposal s design. A Flora and Fauna Assessment is required to address the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) when the site contains native vegetation or habitat, including aquatic, estuarine or marine habitat. This Assessment should be undertaken by a suitably qualified and experienced person using recognised methodologies and local data (as specified in Council s Flora and Fauna Survey Guidelines (2001). In many cases, a species specialist will be required and important habitat elements such as trees of hollow bearing age will have to be accurately mapped. The Flora and Fauna Assessment should address all impacts of the development including provision of services and bushfire hazard reduction works and asset protection zones. All these impacts should be documented on the Development Site Plan. In most instances the Flora and Fauna Assessment will cover land beyond the development site, particularly if: (i) establishing the extent of habitat for a population of certain species in an area, or (ii) if the site is part of an ecological corridor, or (iii) a property management plan is required. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 24 Revision 05 - Sustainability Review Version 03 F2009/00928

15 Refer to the Lake Macquarie Flora and Fauna Guidelines (2001) for: (i) further explanation of the legislation, (ii) further explanation of Council s requirements (iii) content of a Flora and Fauna Assessment, (iv) acceptable survey methodologies, and (v) mapping requirements. Justification: Information moved to later in the section. Depending on the results of the Flora and Fauna Assessment, further survey work may be required to adequately satisfy the Performance Criteria. Section 5A Environmental Planning Assessment Act 1979 the Test of Significance The native vegetation and habitats of the Lake Macquarie Local Government Area are known to support threatened species, populations and ecological communities. The Significance Test is required to be undertaken where development will affect native vegetation or fauna habitat, this includes aquatic, estuarine, marine or other habitat, such as hollow trees and rock outcrops. The Significance Test is used by Council to assist in development assessment and to determine if a Species Impact Statement is required. The Significance Test is currently the Eight Part Test: 1. In the case of a threatened species, whether the life cycle of the species is likely to be disrupted such that the viable local population of the species is likely to be placed at risk of extinction, 2. In the case of an endangered population, whether the life cycle of the species that constitutes the endangered population is likely to be disrupted such that the viability of the population is likely to be significantly compromised, 3. In relation to the regional distribution of the habitat of a threatened species, population or ecological community, whether a significant area of known habitat is to be modified or removed, 4. Whether an area of known habitat is likely to become isolated from currently interconnecting or proximate areas of habitat for a threatened species, population or ecological community, 5. Whether critical habitat is likely to be affected, 6. Whether threatened species, population or ecological community, or their habitats, are adequately represented in conservation reserves (or other similar protected areas) in the regional environment of the species, population or community, 7. Whether the proposed development or activity is of a class of development or activity recognised as a threatening process, LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 25 Revision 05 - Sustainability Review Version 03 F2009/00928

16 8. Whether any threatened species, population or ecological community is at the limit of its known distribution. After the proclamation of the Threatened Species Conservation Amendment Act 2002, Section 5A of the Environmental Planning and Assessment Act 1979 ( The Significance Test for new development) will be: (i) In the case of a threatened species, whether action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction, or In the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction, In the case of an endangered ecological community whether the action proposed: is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction In relation to the habitat of a threatened species population or ecological community: (i) (ii) (iii) the extent to which habitat is likely to be removed or modified as a result of the action proposed, whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and the importance of the habitat to be removed, modified, fragmented or isolated to the long term survival of the species, population or ecological community in the locality. Whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly) Whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan, Whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process. New development must also be assessed using any existing ASSESSMENT GUIDELINES. Assessment guidelines means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995 or, subject to section 5C, section 220ZZA of the Fisheries Management Act Key threatening process has the same meaning as in the Threatened Species Conservation Act 1995 or, subject to section 5C, Part7A of the Fisheries Management Act Justification: Information moved to later in the section. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 26 Revision 05 - Sustainability Review Version 03 F2009/00928

17 TheEither Significance Test must be applied to each threatened species population or ecological community likely to use the site. If it is concluded by Council that the proposal is likely to have a significant effect on threatened species populations or ecological communities or their habitat, a Species Impact Statement will be required. Species Impact Statement Application must be made to the Director-General of the NSW Department of Environment and Conservation (or the Director of NSW Fisheries if relevant) prior to the preparation of a Species Impact Statement. The Director General will provide a list of specific matters that need to be addressed. The Threatened Species Conservation Act 1995 (TSC Act) indicates the form and content for a Species Impact Statement. Concurrence from the Director-General of the NSW Department of Environment and Conservation or the Director of NSW Fisheries is required for any proposal that is likely to significantly affect threatened species, populations or ecological communities or their habitat, as listed in the Schedules of the TSC Act and the Fisheries Management Act Justification: Information moved to later in the section. Revision of Studies Flora and Fauna Assessments, and any additional work undertaken in the assessment of threatened species, ecological communities and their habitats, are only valid for 12 months from the date of publication or the date when field work was conducted. Flora and Fauna Assessments and Species Impact Statements must include up to date information on: the determinations made by the Scientific Committees under the Threatened Species Conservation Act 1995, and records, species habitat needs and lifecycles. Timing It is important to plan ahead and conduct Flora and Fauna Assessments and/or prepare Species Impact Statements early in the planning stage of development. This is because: (a) many species are best surveyed at certain times of the year and some species cannot be surveyed outside these optimum periods. (b) preliminary surveys may identify that further work is required. (c) the flora and fauna attributes of the site may significantly affect the development design, layout and footprint. Land Clearing LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 27 Revision 05 - Sustainability Review Version 03 F2009/00928

18 The loss of biodiversity as a result of loss and/or degradation of habitat following clearing and fragmentation of Native Vegetation has been listed by the NSW Scientific Committee as a Key Threatening Process under the Threatened Species Conservation Act Generally clearing will only be permitted where it is ancillary to and necessary for undertaking or conducting an approved use to the land. Bonds Council may require a native vegetation protection bond for development that impacts, or is on land containing vegetation that requires protection. Justification: Information moved to later in the section. Small sites and minor development If the area of land affected by the proposal is less than 1000m 2 and does not contain: Wetland vegetation communities Rainforest A corridor Coastal dunes or headlands Dams, ponds or a watercourse Riparian vegetation Threatened species populations, endangered ecological community or threatened species habitat. An application to clear more than five (5) individual trees and the area is not within 40 metres of a SEPP 14 wetland, wetland vegetation community or riparian or littoral habitat. It is regarded as a small site and/or minor development. These sites require a lower level of assessment. The minimum survey effort for flora and fauna will depend on the environmental attributes of the site, its location and proximity to other vegetated areas and the type of development. for small sites and minor development council consent is still required. if the clearing or removal of less than five (5) trees is involved refer to section tree preservation and management and council s flora and fauna guidelines (2001). Property Management Plan LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 28 Revision 05 - Sustainability Review Version 03 F2009/00928

19 A Property Management Plan is intended to provide a long-term overview of the management of the entire site. The Plan should detail information relating to fencing, feral animal control, bushfire management, weed removal and control, site rehabilitation, erosion prevention and nutrient control. Where it is proposed that the site will be used for agricultural uses, the Plan should demonstrate the efficient and sustainable use of the land while maintaining and protecting the site s ecological values. Construction Management Plan 1. The Construction Management Plan should identify detailed information on the construction phase of the development. Matters contained in the Plan include, but are not limited to: Justification: Information moved to later in the section. (iv) (v) (vi) (vii) (viii) (ix) All disturbance and works associated with the development, Stockpile/storage areas, Methods of protecting native vegetation outside the area to be developed, from disturbance, Methods of clearing, reuse and removal of vegetation, Area, total volume and levels of all cut and fill, The location and method of supplying infrastructure, waste water systems and access driveway, among other facilities. The Plan should also include a summary of the Erosion Prevention and Sediment Control Plan or Soil and Water Management Plan as required by Erosion Prevention and Sediment Control. These details may require amendments as a result of engineering design solutions at Construction Certificate stage. Any changes should be provided to Council as a supplement to the Construction Management Plan prior to the commencement of works. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 29 Revision 05 - Sustainability Review Version 03 F2009/00928

20 2.1.2 Ecological Corridors Justification: The INTENT of Council s requirements is to protect local ecological corridors, and support their regional context and increase the connections between habitats. Amendment is to clarify that protection is to also support regional corridors. P1. Performance Criteria Acceptable Solutions Justification The intent may be achieved where: ECOLOGICAL CORRIDORS are identified, protected and enhanced on and adjoining the siteover the long term. A1.1 Assessment is undertaken to determine the extent to which the site contributes to an ecological corridor, whether or not the site contains all of, part of, or is adjoining an ecological corridor. The requirement clarifies the intent to consider the long term role of ecological corridors and reflects Council s objectives to minimise the loss of biodiversity. Note Assessment of ecological corridors will form a component of the Flora and Fauna Assessment undertaken for Ecological Values. A1.2 A1.3 Where a development is proposed to impact upon an ecological corridor: it is demonstrated that no reasonable alternative is available; and suitable ameliorative measures are proposed. Development is designed to protect ecological corridor/s within and adjoining the site for their ecological values and natural water system qualities. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 30 Revision 05 - Sustainability Review Version 03 F2009/00928

21 P5 Performance Criteria Acceptable Solutions Justification The identified ecological function of the A5.1 Development is designed to respect and widths of ecological corridor/s is address the areas to be maintained in supported over time and within the site their natural condition. are maintained to enhance their identified potential changes to those functions. A5.2 A suitable buffer and/or barrier between development and ecological corridor/s is established to ensure that they will be maintained in their natural condition. The width of the buffer or form of the barrier will vary depending on the function/s of the corridor, the natural ENVIRONMENT and the type of development proposed. The requirement clarifies the intent to consider the long term role of ecological corridors and supports Council s objectives to minimise the loss of biodiversity and maximise native species retention. A5.3 Measures are taken to define the physical footprint of the development to: Make ongoing maintenance and management efficient and effective. Prevent introduced species and weeds, contaminants, nutrients and sediments spreading from the development site into the corridor area. This could take the form of a physical barrier such as a pathway or fencing. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 31 Revision 05 - Sustainability Review Version 03 F2009/00928

22 Performance Criteria Acceptable Solutions Justification Buildings and structures, roads, driveways, parking facilities, fences, dams, infrastructure, drainage, Bushfire Asset Protection Zones, mown parkland and sporting facilities are located outside corridors and SIGNIFICANT HABITAT areas. Note It is preferable not to locate fire hazard reduction measures within buffer zones. Ameliorative measures could include rehabilitation or replacement of significant habitat, corridors and/or the provision of buffers. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 32 Revision 05 - Sustainability Review Version 03 F2009/00928

23 Ecological Values Additional Information Requirements of Other Legislation The development proposal must also comply with the requirements of any relevant State or Commonwealth legislation or planning policy. These include, but are not limited to: The Threatened Species Conservation Act 1995 (NSW) The Native Vegetation Act 2003 (NSW) The Environment Protection and Biodiversity Conservation Act (Cth)1999 Fisheries Management Act (NSW)1994 SEPP 14 Coastal Wetlands SEPP 19 Bushland in Urban Areas SEPP 26 Littoral Rainforest SEPP 44 Koala Habitat Protection SEPP 71 Coastal Protection Lower Hunter Regional Conservation Plan 2009 Justification: Information was relocated from earlier in this section. Summary of Flora and Fauna Assessment Requirements Flora and Fauna Assessment should be undertaken early in the preparation stages of an application, and any flora and fauna issues incorporated into the proposal s design. A Flora and Fauna Assessment is required to address the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) when the site contains native vegetation or habitat, including aquatic, estuarine or marine habitat. This Assessment should be undertaken by a suitably qualified and experienced person using recognised methodologies and local data (as specified in Council s Flora and Fauna Survey Guidelines (2001). In many cases, a species specialist will be required and important habitat elements such as trees of hollow bearing age will have to be accurately mapped. The Flora and Fauna Assessment should address all impacts of the development including provision of services and bushfire hazard reduction works and asset protection zones. All these impacts should be documented on the Development Site Plan. In most instances the Flora and Fauna Assessment will cover land beyond the development site, particularly if: LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 33 Revision 05 - Sustainability Review Version 03 F2009/00928

24 (i) establishing the extent of habitat for a population of certain species in an area, or (ii) if the site is part of an ecological corridor, or (iii) a property management plan is required. Refer to the Lake Macquarie Flora and Fauna Guidelines (2001) for: (i) further explanation of the legislation, (ii) further explanation of Council s requirements (iii) content of a Flora and Fauna Assessment, (iv) acceptable survey methodologies, and (v) mapping requirements. Justification: Information was relocated from earlier in this section. Depending on the results of the Flora and Fauna Assessment, further survey work may be required to adequately satisfy the Performance Criteria. Section 5A Environmental Planning Assessment Act 1979 the Assessment of Significance Test The native vegetation and habitats of the Lake Macquarie Local Government Area are known to support threatened species, populations and ecological communities. The Assessment of Significance Test is required to be undertaken where development will affect native vegetation or fauna habitat, this includes aquatic, estuarine, marine or other habitat, such as hollow trees and rock outcrops. The Assessment of Significance Test is used by Council to assist in development assessment and to determine if a Species Impact Statement is required. The Assessment of Significance Test (a) In the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction, or (b) (c) In the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction, In the case of an endangered ecological community or critically endangered ecological community whether the action proposed: (i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 34 Revision 05 - Sustainability Review Version 03 F2009/00928

25 (d) (e) (f) (g) (ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction In relation to the habitat of a threatened species, population or ecological community: (i) (ii) (iii) the extent to which habitat is likely to be removed or modified as a result of the action proposed, whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and the importance of the habitat to be removed, modified, fragmented or isolated to the long term survival of the species, population or ecological community in the locality. Whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly) Whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan, Whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process. New development must also be assessed using any existing ASSESSMENT GUIDELINES. Assessment guidelines means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995 or, subject to section 5C, section 220ZZA of the Fisheries Management Act These include the Threatened Species Assessment Guidelines The Assessmetn of Significance (DECC, 2007) Key threatening process has the same meaning as in the Threatened Species Conservation Act 1995 or, subject to section 5C, Part7A of the Fisheries Management Act The Assessment of Significance Test must be applied to each threatened species population or ecological community likely to use the site. If it is concluded by Council that the proposal is likely to have a significant effect on threatened species populations or ecological communities or their habitat, a Species Impact Statement will be required. Justification: Information was relocated from earlier in this section. Biobanking Biobanking is a voluntary alternative to the threatened species Assessment of Significance Test and species impact statements. A biobanking statement can be obtained for development, unless the development concerned requires approval under the Native Vegetation Act A developer should apply for a biobanking statement from the Department of Environment and Climate Change and Water (DECCW). The biobanking statement should then be submitted to Council along with the development application. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 35 Revision 05 - Sustainability Review Version 03 F2009/00928

26 To obtain a biobanking statement, the development must demonstrate that it will meet the improve or maintain test according to the Biobanking Assessment Methodology. The improve or maintain test must demonstrate that the development: does not directly impact on biodiversity values in a red flag area; or does directly impact on biodiversity values in a red flag area, but the Director General of the (DECCW)makes a determination that the development may be regarded as improving or maintaining biodiversity values, and The direct impacts of the development on biodiversity values at the development site are offset by the retirement of biodiversity credits, and The Director General of the (DECCW)determines that any direct impacts of the development on on-site and off-site biodiversity values that cannot be mitigated through onsite measures are offset by retiring biodiversity credits. Justification: Information was relocated from earlier in this section. Further information is available by consulting with the (DECCW). Species Impact Statement Application must be made to the Director-General of the NSW Department of Environment and Climate Change and Water (or the Director General of NSW Department of Primary Industries (Fisheries if relevant) prior to the preparation of a Species Impact Statement. The Director General will provide a list of specific matters that need to be addressed. The Threatened Species Conservation Act 1995 (TSC Act) indicates the form and content for a Species Impact Statement. Concurrence from the relevant Director-General is required for any proposal that is likely to significantly affect threatened species, populations or ecological communities or their habitat, as listed in the Schedules of the TSC Act and the Fisheries Management Act Revision of Studies Flora and Fauna Assessments, and any additional work undertaken in the assessment of threatened species, ecological communities and their habitats, are only valid for 12 months from the date of publication or the date when field work was conducted. Flora and Fauna Assessments and Species Impact Statements must include up to date information on: the determinations made by the Scientific Committees under the Threatened Species Conservation Act 1995, and records, species habitat needs and lifecycles. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 36 Revision 05 - Sustainability Review Version 03 F2009/00928

27 Timing It is important to plan ahead and conduct Flora and Fauna Assessments and/or prepare Species Impact Statements early in the planning stage of development. This is because: (a) many species are best surveyed at certain times of the year and some species cannot be surveyed outside these optimum periods. (b) preliminary surveys may identify that further work is required. (c) the flora and fauna attributes of the site may significantly affect the development design, layout and footprint. Land Clearing The loss of biodiversity as a result of loss and/or degradation of habitat following clearing and fragmentation of Native Vegetation has been listed by the NSW Scientific Committee as a Key Threatening Process under the Threatened Species Conservation Act Justification: Information was relocated from earlier in this section. Generally clearing will only be permitted where it is ancillary to and necessary for undertaking or conducting an approved use to the land. Trees and native vegetation are to be retained within Asset Protection Zones unless selective thinning is required by the Planning for Bushfire Protection Guideline (RFS 2006). Note: An IPA should provide a tree canopy of less than 15% an OPA should provide a tree canopy of less than 30% (pg 51 RFS 2006). Council may require a corridor protection bond for development on lands identified as containing an ecological corridor. Small sites and minor development If the area of land affected by the proposal is less than 1000m 2 and does not contain: Wetland vegetation communities Rainforest A corridor Coastal dunes or headlands Dams, ponds or a watercourse Riparian vegetation Threatened species populations, endangered ecological community or threatened species habitat. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 37 Revision 05 - Sustainability Review Version 03 F2009/00928

28 An application to clear more than five (5) individual trees and the area is not within 40 metres of a SEPP 14 wetland, wetland vegetation community or riparian or littoral habitat. It is regarded as a small site and/or minor development, requiring a lower level of assessment. Minimum survey effort for flora and fauna depend on the environmental attributes of the site, its location and proximity to other vegetated areas and the type of development. For small sites and minor development, council consent is still required. If the clearing or removal of less than five (5) trees is involved, refer to section tree preservation and management and council s flora and fauna guidelines (2001). A Site Management Plan A Site Management Plan is required for all development (excluding minor development). The SMP is to coordinate all required plans for a development proposal, minimising conflict and ensuring the plans are achievable. The SMP is to provide long-term management for the entire site. Justification: Information was relocated from earlier in this section. SMPs will require the plans listed below applicable to the development proposal and subject site. It will include but is not limited to: 1. A Flora and Fauna Management Plan The flora and fauna management plan is to include the recommendations and outcomes of any Flora and Fauna Assessment. It will describe how the habitat of the site is to be managed in the long term, supported by mapping. It will include: Existing ecology of the site and the likely impacts the development will have, and any significant habitat, species, specific trees or other vegetation to be protected, any buffers or barriers proposed, any rehabilitation areas proposed, any bonds or Voluntary Planning Agreements proposed, the long term management amelioration measures. Note: The width of buffers shall consider the significance and purpose of the habitat, the topography of the site and land adjoining and the type of development and likely impacts it will have on the local and regional habitat links. As a guide minimum vegetation buffer width requirements will vary as follows: 20m to significant vegetation upslope of moderate to low density development (See State Forest Guide to Threatened Species Buffers); LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 38 Revision 05 - Sustainability Review Version 03 F2009/00928

29 50-100m for significant vegetation adjoining moderate to high development density and/or where significant vegetation/threatened species habitat/floodplain EECs/SEPP 14 Wetlands occur down slope of development ; m to any known threatened nest or roost trees 2. Development Site Plan A Development Site Plan is to identify the location of all development proposed. It is to define a development site area that: limits the scattering of development; minimises earthworks by limiting the site gradient to a slope of less than 1 in 5; minimises hazards such as bushfire, land instability, and flooding; incorporates the outcomes of the Flora and Fauna Assessment; and includes infrastructure, drainage, building location, access and where necessary on site waste-water disposal. In the 7(3) - Environmental (General) and 7(5) Environmental (Living) Zones a development site area is limited to 2500m 2. Refer to Section 3.2 Subdivision for further information. 3. Property Management Plan The Plan should detail information relating to fencing, feral animal control, bushfire management, weed removal and control, site rehabilitation, erosion prevention and nutrient control. Justification: Information was relocated from earlier in this section. Where it is proposed that the site will be used for agricultural uses, the Plan should demonstrate the efficient and sustainable use of the land while maintaining and protecting the site s ecological values. 4. Construction Management Plan The Construction Management Plan is to identify detailed information of the construction phase of the development. Matters contained include, but are not limited to: All disturbance and works associated with the development, Stockpile/storage areas, Methods of protecting native vegetation outside the area to be developed, from disturbance, Methods of clearing, reuse and removal of vegetation, Area, total volume and levels of all cut and fill, The location and method of supplying infrastructure, waste water systems and access driveway, among other facilities. a summary of the Erosion Prevention and Sediment Control Plan or Soil and Water Management Plan as required by Erosion Prevention and Sediment Control. LMCC DCP No. 1 Part 2.1 Environmental Responsibility and Land Capability Page 39 Revision 05 - Sustainability Review Version 03 F2009/00928

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