CONSTRUCTION PLAN - NSW Environment & Heritage · CONSTRUCTION PLAN 1. Construction access to be from 'Old Jetty Site' - Construction access to be adequately fenced 2. Provide safe

-2.0m AHD

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InternationalCoastalManagement

OFFICE 50G 1 MacArthur Parade, Main Beach, 4217, QLD, AustraliaPOST PO Box 306, Main Beach LPO, Main Beach QLD, 4217, AustraliaTELEPHONE +61 7 55640564 FAX +61 7 55329147WEBSITE www.coastalmanagement.com.au

RPEQ 2876

VERTICAL DATUM: HORIZONTAL DATUM:

19 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 003

BELONGIL SEAWALL REPAIRS

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DAMAGED RUBBLE WALL (TO BE REPAIRED)Present Profile (2016)ROCK FILL

ROCK FILL

ROCK FILL

TOP OF SLOPE+5.3m AHD

EXISTING PUBLIC WALKWAY(TURFED)

VARIOUS ROCK SIZES BEHIND DAMAGED RUBBLE WALL

Typical Profile [approx. 1V:1.5H](from historical photos and surveys)

PROJECT NAME

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RPEQ 2876


19 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 007


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1. Construction access to be from 'Old Jetty Site'- Construction access to be adequatelyfenced

2. Provide safe access to beach over repairedwall at each end.

Safety Fence

Approximate Property Boundary

APPROX. P

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Development Application

PLANNERS NORTH, December 2016

Proposal to repair existing coastal

protection works at Belongil

COMPLIANCE AND USAGE STATEMENT

This Statement of Environmental Effects has been prepared and submitted under Part 4 of the

Environmental Planning and Assessment Act 1979 by:

Preparation

Name: Kate Singleton

Company: PLANNERS NORTH

Address: 3/69 Centennial Circuit, Byron Bay, NSW, 2481

Postal Address: P.O. Box 538 Lennox Head NSW 2478

In respect of: Development Application

Application

Proponent: Michael Siddle

Address: C/ - PLANNERS NORTH

P.O. Box 538, Lennox Head NSW 2478

Land to be developed: Land immediately to the north east of Lots 32-36 Section 2 DP 1623

comprising an existing seawall

Proposed development: Proposal to repair existing coastal protection works

Environmental Assessment: Statement of Environmental Effects

Certificate

I certify that I have prepared the content of this Development Application and to the best of my

knowledge:

it is in accordance with the Act and Regulations, and

it is true in all material particulars and does not, by its presentation or omission of information,

materially mislead.

Notice

The plans to this document were prepared for the exclusive use of the proponent and are not to be

used for any other purpose or by any other person or corporation. PLANNERS NORTH accepts no

responsibility for any loss or damage suffered howsoever arising to any person or corporation who

may use or rely on this document for purposes other than the proposed development.

Plans accompanying this document may not be reproduced, stored or transmitted in any form unless

this note is included.

PLANNERS NORTH declares that it does not have, nor expects to have, a beneficial interest in the

subject project. Nor does it have any reportable political donations within the meaning of Section

147(3) of the Act to declare.

No extract of text from this document may be reproduced, stored or transmitted in any form without

the prior consent of PLANNERS NORTH.

Kate Singleton MPIA CPP

PARTNERSHIP PRINCIPAL

Ref: 1540.1130

Date: December 2016

ABN 56 291 496 553

3/69 Centennial Circuit

Byron Bay NSW 2481

T: 1300 66 00 87

E: [email protected]

W: plannersnorth.com.au

REPAIR OF EXISTING SEAWALL

EXECUTIVE SUMMARY

i

1540.1130

PLANNERS NORTH has been engaged by Michael Siddle to provide Town Planning advice with respect to

the preparation and lodgement of a Development Application. Development consent is sought for the

repair of existing coastal protection works comprising a seawall to the immediate north east of Lots 32-

36 Section 2 DP 1623.

The proposal to repair the coastal protection works is a product of several factors including:

Responding to the identified structural inadequacies of the existing sea wall; and

Supreme Court of NSW Consent Orders made on 12 August 2016.

This report is accompanied by plans and supporting information prepared by International Coastal

Management in relation to the design and construction of the repair works. The proposed works are not

considered likely to result in any impacts on the existing natural or built environment. Further, the

proposed works provide for the enhancement of the existing public walkway and will address risks

associated with the existing structure.

It is important to note how the Supreme Court of NSW Consent Orders function. Under the Consent

Orders, the Council cannot take any action to remove any part of the current protection works. So,

unless maintained properly, the walls would fall into disrepair and become dangerous.

The Consent Orders facilitate the ongoing maintenance of the walls and this DA is the first step in the

long term maintenance of current protection measures.

The proposed works are consistent with relevant statutory and policy provisions and it is concluded that

the proposed works warrant approval.

REPAIR OF EXISTING SEAWALL ii

1540.1130

T A B L E O F C O N T E N T S

1. INTRODUCTION ____________________________________________________________________________________ 1

Background __________________________________________________________________________________ 1 1.1

Structure of Report and its Scope _____________________________________________________________ 1 1.2

Further Information __________________________________________________________________________ 1 1.3

2. THE SITE AND ITS CONTEXT ________________________________________________________________________ 3

Cadastral Description _________________________________________________________________________ 3 2.1

Site Context __________________________________________________________________________________ 3 2.2

Site History ___________________________________________________________________________________ 3 2.3

3. THE DEVELOPMENT PROPOSAL ____________________________________________________________________ 5

Site Planning Objectives ______________________________________________________________________ 5 3.1

General Description of Proposal ______________________________________________________________ 5 3.2

Ancillary Approvals ___________________________________________________________________________ 6 3.3

4. STATUTORY AND POLICY PLANNING _______________________________________________________________ 8

Statutory Considerations _____________________________________________________________________ 8 4.1

4.1.1 Deemed Environmental Planning Instruments _________________________________________ 8 4.1.2 Local Environmental Plans _____________________________________________________________ 8 4.1.3 Development Control Plans ___________________________________________________________ 11 4.1.4 State Environmental Planning Policies ________________________________________________ 11 4.1.5 Coastal Protection Act 1979 ___________________________________________________________ 15 4.1.6 The Marine Estate Management Act 2014 _____________________________________________ 18 4.1.7 Certified Draft Plans __________________________________________________________________ 18 4.1.8 Specific Environmental Planning & Assessment Act Requirements ____________________ 18 4.1.9 Integrated Development Considerations ______________________________________________ 18

Contribution Plans ___________________________________________________________________________ 19 4.2

Local Policy Controls _________________________________________________________________________ 19 4.3

State Government Policy ____________________________________________________________________ 19 4.4

Ancillary Legislation _________________________________________________________________________ 25 4.5

5. ENVIRONMENTAL INTERACTIONS _________________________________________________________________ 26

Context and Setting _________________________________________________________________________ 26 5.1

Public Access ________________________________________________________________________________ 26 5.2

Natural and Built Environment ______________________________________________________________ 26 5.3

6. CONCLUSION _____________________________________________________________________________________ 27

7. REFERENCES ______________________________________________________________________________________ 28

LIST OF PLANS

Plan 1.1 The Locality ________________________________________________________________________________ 2 Plan 2.1 The Site ____________________________________________________________________________________ 4 Plan 3.1 The Proposal _______________________________________________________________________________ 7 Plan 4.1 LEP Zoning ________________________________________________________________________________ 10

LIST OF TABLES

Table 4.1 Review of Key Provisions of the NSW Coastal Policy 1997 _________________________________ 19

REPAIR OF EXISTING SEAWALL iii

1540.1130

A P P E N D I C E S

APPENDIX A Supreme Court of NSW Consent Orders ______________________________________________ 29

APPENDIX B Plans prepared by International Coastal Management ________________________________ 36

APPENDIX C Ecological Assessment ________________________________________________________________ 45

REPAIR OF EXISTING SEAWALL 1

1540.1130

1 . I N T R O D U C T I O N

This section of the report identifies the nature of client instructions, relevant background information and

the structure of the report.

B A C K G R O U N D 1.1

PLANNERS NORTH has been engaged by Michael Siddle to provide

Town Planning advice with respect to the preparation and

lodgement of a Development Application with the New South Wales

Coastal Panel.

S T R U C T U R E O F R E P O R T A N D I T S S C O P E 1.2

Section 2 of this report describes the physical characteristics of

the subject land and its planning context. Section 3 describes in

detail the development proposal. Having regard to the provisions

of Section 79C (1)(a) of the Environmental Planning and

Assessment Act 1979 and Section 55M of the Coastal Protection Act 1979, Section 4 sets out an

examination of the statutory and policy planning status relating to the land, with particular regard to

the proposal described in Section 3. Section 5 looks at the environmental interactions of the

proposal. The final section of the report undertakes a general review of the project and summation

as to the appropriateness of the project having regard to the planning controls applying to the land

and land use needs in the locality and matters set out for consideration in Section 79C (1)(e) of the

Environmental Planning and Assessment Act 1979 and the provisions of the Coastal Protection Act

1979 Regulations.

F U R T H E R I N F O R M A T I O N 1.3

Should the New South Wales Coastal Panel require any additional information, or wish to clarify any

matter raised by this proposal or submissions made to same, Council is requested to consult with

Kate Singleton prior to determination of this application.

The existing structure as viewed from the

north west looking east east.

SUFFOLK PARK

SIT

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PL

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PLAN 1.10 1250m

SOURCE: S J CONNELLY PTY LTD

DATE: JANUARY 2006

FILE: 1054692

Wategos

Beach

Main Beach

Belongil Beach

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BYRON BAY

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BYRON BAY

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SIX Aerial View

Byron Bay Locality Map

SUBJECT SITE

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1540.1130

REPAIR OF EXISTING SEA WALL

Plan 1.1

SITE

LOCALITY

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1540.1130

2 . T H E S I T E A N D I T S C O N T E X T

This section of the report identifies the subject site and describes its environmental planning context.

C A D A S T R A L D E S C R I P T I O N 2.1

The subject site is located directly to the immediate north-east of

existing residential properties at Lots 32-36 Section 2 DP 1623, Nos.

28 and 28A Childe Street, Belongil. The subject land forms part of

the Esplanade and is public land owned by Byron Shire Council.

S I T E C O N T E X T 2.2

The subject site is located on the New South Wales coastline in an

area known as Belongil Beach. The site is approximately 2.2km or

6 minutes drive from Byron Bay Post Office.

S I T E H I S T O R Y 2.3

The existing seawall extends along the Belongil Beach and has been in place for many years. A

“Byron Bay Erosion Protection Structures – Risk Assessment” was prepared by Worley Parsons in

2013 for Byron Shire Council. That report examined existing sea walls along the Belongil and their

condition. The report then identified the risk associated with the failure of the various parts of the

wall. The subject sea wall is identified as being in fair observed condition with poor rating for

hydraulic stability, wave over top rating, climate change and geotechnical stability. The report

concluded that the risks associated with the subject wall are “extreme”. That is, the risks are extreme

in the event of wall failure.

The existing structure as viewed from the

north west looking east eastsouth east.

APPRO

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REVISION REGISTER

BY ENG. APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


19 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 002


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PLAN VIEW (PRESENT

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Slope Crest Level (October 2016Survey)


X-Section

Stair Access

DAMAGED RUBBLE WALL STRUCTURE(TO BE REPAIRED)TIE IN WITH ADJACENT WALLS

EXISTING STEPS(TO BE REPAIRED)

EXISTING PUBLIC WALKWAY(TO BE REPAIRED)

EXISTING PUBLIC WALKWAY(TO BE REPAIRED)

RUBBLE STRUCTURE TO BE REPAIRED

Plan 2.1

THE

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1540.1130

REPAIR OF EXISTING SEA WALLN

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1540.1130

3 . T H E D E V E L O P M E N T P R O P O S A L

This section of defines the site planning objectives utilised in schematic design. Further, this section

describes the project by way of text, mapping and statistical information.

S I T E P L A N N I N G O B J E C T I V E S 3.1

The primary objective of this proposal is to repair the existing

coastal protection works on the subject land.

For the purposes of project design the following site planning

objectives have been adopted:

a. To provide for repair and maintenance of the existing coastal

protection works.

b. To provide for enhanced public access along the coastal

foreshore.

c. To ensure the protection works do not result in adverse

impacts on the existing natural or built environment.

d. To ensure the works are adequately maintained and

managed.

G E N E R A L D E S C R I P T I O N O F P R O P O S A L 3.2

The proposed works to repair the seawall structure are to be carried

out as anticipated by the recent Supreme Court of NSW Consent

Orders made on 12 August 2016, provided at Appendix A. The

following material provided by International Coastal Management

details pre-construction preparation, construction methodology

and post-construction measures.

Pre-Construction

All approvals and notifications to be in place.

Safety fencing and signage is to erected as per drawing 007 to restrict public access to the

work and access areas.

Construction of a temporary construction track from either the sealed section of Manfred

Street over the existing rock wall or, alternatively, the sealed section of Don Street along the

southern boundary of 1 Don Street over the existing SFGC wall (covered with 1200gsm non-

woven geotextile) onto the beach.

Construction (5 days per week, 7am to 6pm. Estimated repair time 2 week)

Access onto the fenced works area for equipment and materials will be by temporary

construction track.

The works shall be carried out in 10 -15m sections starting from the NW end.

The toe of the existing wall will be excavated with a 20-30t hydraulic excavator to about -1m

AHD and re-profiled to the original stable slope of about 1V:1.5H with the repaired crest at

+6m AHD.

The works are to have the rocks well interlocked and are to be tied smoothly into adjacent rock

walls to the SE and NW.

The crest and toe of the works shall be tapered smoothly into the adjacent crest and toe

without interference with the existing structures.

The existing public access stairs at the

north western end (in background)

The existing seawall as viewed from the

beach


1540.1130

The existing access to the beach shall be repaired and safe access provided at each end of the

works to provide public access along the top of the wall.

The wall is to be progressively surveyed and final “as constructed” drawings prepared.

Post-Construction

The beach is to be groomed and left in a clean condition free from rock or rubble.

The access track is to be removed and the area impacted by the track revegetated and

restored to the original condition.

The safety fencing is to be removed.

Repair Costs

Preliminary Estimate = $165,000

A N C I L L A R Y A P P R O V A L S 3.3

No Ancillary approvals are sought in association with the application.

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REVISION REGISTER

BY ENG. APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


19 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 007


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1. Construction access to be from 'Old Jetty Site'- Construction access to be adequatelyfenced

2. Provide safe access to beach over repairedwall at each end.

Safety Fence


EXISTING PUBLIC WALKW

AY (SEE NOTE 2)

REPAIR EXISTING W

ALL AND TIE IN WITH ADJACENT W

ALLS

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REVISION REGISTER

BY ENG. APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


19 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 006


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REPAIR PRIMARY ARMOUR LAYERTO 1:1.5 SLOPE (0.5-2.5t BOULDERS OR EQUIVALENT)

REPAIR SECONDARY ARMOUR LAYER(100 to 500kg Rock) AS REQUIRED

Sand Level (13th October 2016)

ROCK FILL

ROCK FILL

ROCK FILL

REPAIR FILTER LAYER

1.5

1

TOP OF WALL +5.0m AHD (MIN)TOP OF SLOPE +5.3m AHD

Present Profile (2016)

PRESENT PROFILE (2016)

Ti-tree LogsRemoved

EXISTING PUBLIC WALKWAY REPAIRED(TURFED)

Plan 3.1

PROPOSED

DEVELOPMENT

1540.1130

REPAIR OF EXISTING SEA WALLS

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4 . S T A T U T O R Y A N D P O L I C Y P L A N N I N G

Section 4 documents the range of planning controls applicable in the subject case pursuant to Section 79C

(1) (a) of the Act and the provisions of the Coastal Protection Act 1979.

S T A T U T O R Y C O N S I D E R A T I O N S 4.1

Pursuant to the Environmental Planning & Assessment Act, 1979, a

number of statutes are potentially applicable to any single

development proposal. This section reviews the range of

instruments and notes their application in terms of the subject

development application proposal.

4.1.1 DEEMED ENVIRONMENTAL PLANNING INSTRUMENTS

No deemed environmental planning instruments apply to the

subject land.

4.1.2 LOCAL ENVIRONMENTAL PLANS

Name: Byron Local Environmental Plan 1988 (BLEP88)

Application in Subject Case:

Zone: The land is zoned 7(f1) (Coastal Lands Zone).

Permissibility: Beach and coastal restoration works are permissible

with development consent in the 7(f1) zone. Beach and Coastal

Restoration Works are defined as follows:

"beach and coastal restoration works" means structures or works

to restore the coastline from the effects of coastal erosion.

Concurrence: No concurrence is required for the proposed development in accordance with the

provisions of BLEP88.

Advertising: The proposal does not trigger any requirement for advertising in accordance with the

provisions of BLEP88.

Special Provisions Applicable: The following provisions of BLEP88 are applicable to Council's

consideration of the subject proposal:

Clause 9 - Zone Objectives & Development Control Table: The objectives and land use table for

the 7(f1) (Coastal Lands Zone) are set out below.

subclause (3) Except as otherwise provided by this plan, the council shall not grant consent to the carrying

out of development on land to which this plan applies unless the Council is of the opinion that the carrying

out of the development is consistent with the objectives of the zone within which the development is

proposed to be carried out.

Zone Objectives

1 Objectives of zone

The objectives of the zone are:

(a) to identify and protect environmentally sensitive coastal land,

(b) to enable development for certain purposes where such development does not have a detrimental

effect on the habitat, landscape or scenic quality of the locality,

(c) to prevent development which would adversely affect, or be adversely affected by, coastal processes,

and

The existing public access stairs at the

north western end

The existing seawall structure


1540.1130

(d) to enable the careful control of noxious plants and weeds by means not likely to be significantly

detrimental to the native ecosystem.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than animal establishments); beach and coastal

restoration works; building of levees, drains or clearing of land; bushfire

hazard reduction; clearing of land; community buildings; drainage;

environmental facilities; forestry; home industries; markets; roads;

primitive camping grounds; surf lifesaving facilities; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Comment:

The proposed works are consistent with the objectives of the 7(f1)

Zone. The proposed works comprise the repair of an existing

seawall and will not result in detrimental impacts on the habitat,

landscape or scenic quality of the locality.

33 Development within Zone No 7 (f1) (Coastal Lands Zone)

(1) This clause applies to all land within Zone No 7 (f1).

(2) A person shall not carry out development for any purpose on land

to which this clause applies except with the consent of the council.

(3) (Repealed)

(4) The Council, in deciding whether to grant consent to development referred to in subclause (2), shall

take into consideration:

(a) the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal

processes,

(b) the likelihood of the proposed development adversely affecting any dune or beach of the shoreline or

foreshore,

(c) the likelihood of the proposed development adversely affecting the landscape, scenic or environmental

quality of the locality of the land, and

(d) whether adequate safeguards and rehabilitation measures have been, or will be, made to protect the

environment.

(e) (Repealed)

Comment:

Supporting material from International Coastal Management addressing mitigation of potential

impacts accompanies this application. The proposed works form part of an existing seawall which is

in a state of disrepair. The proposed works provide for public access along the foreshore and are of

a similar footprint to the existing works. The proposed works will not cause any increased erosion

on the beach or adjacent land, given their similar footprint to the present existing structure.

The proposed land and scenic area of the locality will not be detrimentally affected by the proposed

works.

The existing seawall structure.

The top of the existing wall and existing

public access

Disclaimer : While all reasonable care has been taken to ensure the informationcontained on this map is up to date and accurate, no warranty is given that theinformation contained on this map is free from error or omission. Any relianceplaced on such information shall be at the sole risk of the user. Please verify theaccuracy of all information prior to using it.

Note : The information shown on this map is a copyright of the Byron Shire Council and the '(c) Land Information Centre (1991)'.

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LEP Map Sheet #

Byron Local Environmental Plan 1988 (as amended)Last Updated.....

Warning : Amendments to the Byron Local Environmental Plan maps can occur on a regular basis and all users should ensure that their copy is current. The information contained in these maps should be verified by reference to the original maps (including amendments) held by Byron Shire Council.

Mar 16, 2006

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Disclaimer : While all reasonable care has been taken to ensure the informationcontained on this map is up to date and accurate, no warranty is given that theinformation contained on this map is free from error or omission. Any relianceplaced on such information shall be at the sole risk of the user. Please verify theaccuracy of all information prior to using it.Note : The information shown on this map is a copyright of the Byron Shire Council and the '(c) Land Information Centre (1991)'. O0713

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1:10,0000 500250 Metres

LEP Map Sheet #

Byron Local Environmental Plan 1988 (as amended)Last Updated.....

Warning : Amendments to the Byron Local Environmental Plan maps can occur on a regular basis and all users should ensure that their copy is current. The information contained in these maps should be verified by reference to the original maps (including amendments) held by Byron Shire Council. Mar 16, 2006

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7(a) - Wetlands Zone

7(b) - Coastal Habitat Zone

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1540.1130

REPAIR OF EXISTING SEA WALL


1540.1130

4.1.3 DEVELOPMENT CONTROL PLANS

Name: Byron Development Control Plan 2010 (BDCP10)Application

in Subject Case:

The following provisions of BDCP10 are applicable to the proposed

development.

Chapter 1, Part J – Coastal Erosions Lands; Clause J2.5

J2.5 Element – Beach Protection

Element Objective

To ensure that works proposed by property owners to protect

land from coastal processes will not have adverse effects on

other land or on other processes

Performance Criteria

And work proposed by individual property owners to protect

land from erosion must be designed to ensure that the work

will not cause adverse impacts on other lands or on coastal

processes

Prescriptive Measures

Any work carried out by individual property owners to protect land from erosion will require the consent of

Council.

Council will consider consent for such works only where such works will have no adverse effect on any

adjoining properties or on any coastal processes.

Rock, concrete and like hard materials must not be used for the construction of beach protection works.

Comment:

The subject application provides for repairs to an existing seawall and the works are to be

undertaken as anticipated by recent Supreme Court of New South Wales Consent Orders made in

August 2016. The consent authority in the subject circumstances is the New South Wales Coastal

Panel.

It is noted that the consequences of not proceeding with the work will see the wall fall into disrepair

and potentially present public safety problems.

Chapter 17 of BDCP10 provides for public exhibition and notification of applications. The proposed

development is not listed in the tables provided in Section 4 of Chapter 17. The development is

therefore identified as Level 1 advertising in accordance with the provisions of Chapter 17.

4.1.4 STATE ENVIRONMENTAL PLANNING POLICIES

The following State Environmental Planning Policies apply to this development:

Title: SEPP No. 71 - Coastal Protection

Gazetted: 01.11.02

Abstract: The policy has been made under the Environmental Planning and Assessment Act 1979 to

ensure that development in the NSW coastal zone is appropriate and suitably located, to

ensure that there is a consistent and strategic approach to coastal planning and

management and to ensure there is a clear development assessment framework for the

coastal zone.

2 Aims of Policy

(1) This Policy aims:

The existing public access to the north

east

Existing public access along the frontage

of 28A Childe Street


1540.1130

(a) to protect and manage the natural, cultural, recreational and economic attributes of the New South

Wales coast, and

(b) to protect and improve existing public access to and along coastal

foreshores to the extent that this is compatible with the natural

attributes of the coastal foreshore, and

(c) to ensure that new opportunities for public access to and along

coastal foreshores are identified and realised to the extent that this is

compatible with the natural attributes of the coastal foreshore, and

(d) to protect and preserve Aboriginal cultural heritage, and Aboriginal

places, values, customs, beliefs and traditional knowledge, and

(e) to ensure that the visual amenity of the coast is protected, and

(f) to protect and preserve beach environments and beach amenity, and

(g) to protect and preserve native coastal vegetation, and

(h) to protect and preserve the marine environment of New South Wales,

and

(i) to protect and preserve rock platforms, and

(j) to manage the coastal zone in accordance with the principles of

ecologically sustainable development (within the meaning of section 6

(2) of the Protection of the Environment Administration Act 1991), and

(k) to ensure that the type, bulk, scale and size of development is appropriate for the location and protects

and improves the natural scenic quality of the surrounding area, and

(l) to encourage a strategic approach to coastal management.

Comment:

The proposed development is consistent with the aims of SEPP No. 71 Coastal Protection. The

proposal will protect and improve existing public access along the foreshore. The proposed repair of

the existing wall will not adversely impact on the visual amenity of the coast or result in the loss of

native coastal vegetation. The repair of the existing seawall is consistent with the current bulk, scale

and size of this development.

8 Matters for consideration

The matters for consideration are the following:

(a) the aims of this Policy set out in clause 2,

(b) existing public access to and along the coastal foreshore for pedestrians or persons with a disability

should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or

persons with a disability should be improved,

(c) opportunities to provide new public access to and along the coastal foreshore for pedestrians or

persons with a disability,

(d) the suitability of development given its type, location and design and its relationship with the

surrounding area,

(e) any detrimental impact that development may have on the amenity of the coastal foreshore, including

any significant overshadowing of the coastal foreshore and any significant loss of views from a public

place to the coastal foreshore,

(f) the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

(g) measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995)

and plants (within the meaning of that Act), and their habitats,





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1540.1130

(h) measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and

marine vegetation (within the meaning of that Part), and their habitats

(i) existing wildlife corridors and the impact of development on these

corridors,

(j) the likely impact of coastal processes and coastal hazards on

development and any likely impacts of development on coastal

processes and coastal hazards,

(k) measures to reduce the potential for conflict between land-based

and water-based coastal activities,

(l) measures to protect the cultural places, values, customs, beliefs

and traditional knowledge of Aboriginals,

(m) likely impacts of development on the water quality of coastal

waterbodies,

(n) the conservation and preservation of items of heritage,

archaeological or historic significance,

(o) only in cases in which a council prepares a draft local environmental

plan that applies to land to which this Policy applies, the means to

encourage compact towns and cities,

(p) only in cases in which a development application in relation to

proposed development is determined:

(i) the cumulative impacts of the proposed development on the environment, and

(ii) measures to ensure that water and energy usage by the proposed development is efficient.

Note. Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires the Government

Coastal Policy (as defined in that clause) to be taken into consideration by a consent authority when

determining development applications in the local government areas identified in that clause or on land to

which the Government Coastal Policy applies.

Comment:

In relation to the matters identified in Clause 8 of SEPP No. 71, the existing public access along the

coastal foreshore will be retained and enhanced by the proposed works. The repair works are

suitable for the location, given their design and relationship to existing works along the foreshore.

The proposed works maintain the existing sea wall and will not impact on the amenity of the coastal

foreshore or result in any significant increase in over shadowing or impact on views.

It is noted that the consequences of not proceeding with the works will see the seawall further

deteriorate and fall into a state of disrepair.

In relation to the scenic qualities of the New South Wales coast, it is submitted that the proposed

repair of the existing seawall will maintain these qualities.

The proposed works are not considered likely to adversely impact on existing flora or fauna or their

habitats.

The proposed repair works have been designed to respond to the likely impact of coastal processes

and coastal hazards on the seawall.

Part 4 of the SEPP contains provisions relating to development control. The following table provides

an assessment of the proposed development in relation to the provisions of Part 4.

Provision Compliance

Clause 13 -Flexible Zoning Provisions

A provision of an environmental planning instrument that allows

The proposed development






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development within a zone to be consented to as if it were in a

neighbouring zone, or similar provision, has no effect.

does not rely on any flexible

zoning provisions.

Clause 14 -Public Access

A consent authority must not consent to an application to carry out

development on land to which this Policy applies if, in the opinion of

the consent authority, the development, will, or is likely to, result in

the impeding or diminishing, to any extent, of the physical, land-

based right of access of the public to or along the coastal foreshore.

As previously noted, the

proposed repair works will

improve and enhance the

existing public access along

the coastal foreshore.

Clause 15 -Effluent Disposal

The consent authority must not consent to a development

application to carry out development on land to which this policy

applies in which effluent is proposed to be disposed of by means of a

non-reticulated system if the consent authority is satisfied the

proposal will, or is likely to, have a negative effect on the water

quality of the sea or any nearby beach, or an estuary, a coastal lake, a

coastal creek or other similar body of water, or a rock platform.

Not applicable.


Clause 16 –Stormwater

The consent authority must not consent to a development

application to carry out development on land to which this policy

applies if the consent authority is of the opinion that the

development will, or is likely to, discharge untreated stormwater into

the sea, a beach, or an estuary, a coastal lake, a coastal creek or

other similar body of water, or onto a rock platform.

The proposed works provide

for the repair of the existing

seawall only.

The proposed development is consistent with the aims of SEPP 71 and complies with the relevant

provisions of this instrument.

Title: SEPP (Infrastructure) 2007 (Infrastructre SEPP)

Gazetted: 21.12.07; commences 1.1.08

Abstract: Provides a consistent planning regime for infrastructure

and the provision of services across NSW, along with

providing for consultation with relevant public

authorities during the assessment process. The SEPP

supports greater flexibility in the location of

infrastructure and service facilities along with improved

regulatory certainty and efficiency. More details about

the SEPP, including a guide, are available here.

SEPP: SEPP (Infrastructure) 2007

The following provisions of the Infrastructure SEPP apply to the proposed development.

Division 25 of the Infrastructure SEPP applies to Waterways or foreshore management activities.

Division 25 Waterway or foreshore management activities

128 Definitions

The following definitions apply to the proposed development.

In this Division:

The existing stair access at the north

eastern end

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1540.1130

Coastal Panel means the NSW Coastal Panel established under Part 2A of the Coastal Protection Act 1979.

coastal protection works has the same meaning as in the Coastal Protection Act 1979.

coastal zone management plan has the same meaning as in the Coastal Protection Act 1979.

waterway or foreshore management activities means:

(a) riparian corridor and bank management, including erosion control,

bank stabilisation, resnagging, weed management, revegetation and the

creation of foreshore access ways, and

(b) instream management or dredging to rehabilitate aquatic habitat or

to maintain or restore environmental flows or tidal flows for ecological

purposes, and

(c) coastal management and beach nourishment, including erosion

control, dune or foreshore stabilisation works, headland

management, weed management, revegetation activities and

foreshore access ways, and

(d) coastal protection works, and

(e) salt interception schemes to improve water quality in surface freshwater systems, and

(f) installation or upgrade of waterway gauging stations for water accounting purposes.

129A Development with consent

(1) Development for the purposes of a sea wall or beach nourishment may be carried out by any person

with consent on the open coast or entrance to a coastal lake.

(2) If a coastal zone management plan does not apply to the land on which any such development is to be

carried out, the Coastal Panel has the function of determining a development application for development

to which this clause applies.

(3) Before determining a development application for development to which this clause applies, the

consent authority must take the following matters into consideration:

(a) the provisions of any coastal zone management plan applying to the land,

(b) the matters set out in clause 8 of State Environmental Planning Policy No 71—Coastal Protection,

(c) any guidelines for assessing and managing the impacts of coastal protection works that are issued by

the Director-General for the purposes of this clause and published in the Gazette.

Note. Section 55M of the Coastal Protection Act 1979 sets out preconditions to the granting of development

consent relating to coastal protection works.

Comments: The provisions of Clause 129A state that development for the purposes of a seawall or

beach nourishment may be carried out by a person with consent on the open coast or entrance to a

coastal lake.

A Coastal Zone Management Plan does not currently apply to the subject land and therefore, the

Coastal Panel has the function of determining a development application on the subject land.

4.1.5 COASTAL PROTECTION ACT 1979

The following provisions of the Coastal Protection Act 1979 apply to the proposal:

Coastal protection works is defined in accordance with the Coastal Protection Act 1979 as follows.

coastal protection works means activities or works to reduce the impact of coastal hazards on land

adjacent to tidal waters and includes seawalls, revetments, groynes and beach nourishment.

The provisions of State Environmental Planning Policy No. 71 – Coastal Protection and the Coastal

Protection Act 1979 are addressed in this submission.

The existing access stairs at the north

eastern end of the public access


1540.1130

coastal hazard means the following:

(a) beach erosion,

(b) shoreline recession,

(c) coastal lake or watercourse entrance instability,

(d) coastal inundation,

(e) coastal cliff or slope instability,

(f) tidal inundation,

(g) erosion caused by tidal waters, including the interaction of those

waters with catchment floodwaters.

Coastal Panel means the NSW Coastal Panel established under Part

2A.

coastal protection works means activities or works to reduce the

impact of coastal hazards on land adjacent to tidal waters and includes

seawalls, revetments, groynes and beach nourishment.

coastal zone management plan means a coastal zone management

plan made under Part 4A.

public land means:

(a) Crown land within the meaning of the Crown Lands Act 1989 or

land within a reserve as defined in Part 5 of that Act, or

(b) land owned or under the care, management or control of a council or a public authority,

but does not include any land reserved under the National Parks and Wildlife Act 1974 or land acquired

under Part 11 of that Act.

temporary coastal protection works—see Division 1 of Part 4C.

37B Concurrence of Minister not required for certain development

The concurrence of the Minister under this Part is not required in relation to the carrying out in the coastal

zone of any development (within the meaning of the Environmental Planning and Assessment Act 1979)

that:

(a) requires development consent under that Act, or

(b) is exempt development under that Act, or

(c) is carried out in accordance with a coastal zone management plan under Part 4A of this Act.

Note. The concurrence of the Minister under this Part is also not required for other development under the

Environmental Planning and Assessment Act 1979 (see projects approved under Part 3A and State

significant development or infrastructure).

Comment: As the proposed development requires consent under the Environmental Planning and

Assessment Act 1979, the concurrence of the Minister is not required for the proposed works.

Part 4B Erosion and accretion

55M Granting of development consent relating to coastal protection works

(1) Consent must not be granted under the Environmental Planning and Assessment Act 1979 to

development for the purpose of coastal protection works, unless the consent authority is satisfied that:

(a) the works will not over the life of the works:

(i) unreasonably limit or be likely to unreasonably limit public access to or the use of a beach or headland,

or


public access


public access


1540.1130

(ii) pose or be likely to pose a threat to public safety, and

(b) satisfactory arrangements have been made (by conditions imposed

on the consent) for the following for the life of the works:

(i) the restoration of a beach, or land adjacent to the beach, if any

increased erosion of the beach or adjacent land is caused by the

presence of the works,

(ii) the maintenance of the works.

(2) The arrangements referred to in subsection (1) (b) are to secure

adequate funding for the carrying out of any such restoration and

maintenance, including by either or both of the following:

(a) by legally binding obligations (including by way of financial assurance or bond) of all or any of the

following:

(i) the owner or owners from time to time of the land protected by the works,

(ii) if the coastal protection works are constructed by or on behalf of landowners or by landowners jointly

with a council or public authority—the council or public authority,

Note. Section 80A (6) of the Environmental Planning and Assessment Act 1979 provides that a development

consent may be granted subject to a condition, or a consent authority may enter into an agreement with

an applicant, that the applicant must provide security for the payment of the cost of making good any

damage caused to any property of the consent authority as a consequence of the doing of anything to

which the consent relates.

(b) by payment to the relevant council of an annual charge for coastal protection services (within the

meaning of the Local Government Act 1993).

(3) The funding obligations referred to in subsection (2) (a) are to include the percentage share of the total

funding of each landowner, council or public authority concerned.

Comment:

In relation to the provisions of Section 55M, the following assessment has been prepared by

International Coastal Management.

The proposed works are to make safe existing works by restacking of the wall to restore a stable slope

without loose rocks that could easily be dislodged during erosion events.

The proposed works will make public access safer by moving dislodged rock from the base of the existing

wall and replacing these on the repaired slope.

The completed repair works will improve public access along the beach.

The proposed repair works will improve public safety by restacking loose rock. Thus, the repair works will

not “pose a threat to public safety”.

The proposed repair works will restore a stable slope. Large loose rocks at the toe will be moved landward

onto the steeper mid and upper slope of the wall. The footprint of the repaired wall will be smaller and

will not extend as far seaward. The repaired wall face will also be less reflective during erosion events. As

a result, any impacts on the beach and adjacent land will be the same, or less, than at present. Thus, the

repairs will not cause “any increased erosion of the beach or adjacent land”.

The proposed repair works can and should be maintained by the landowners after each erosion event that

impacts the wall.

The proposed development provides for maintaining and improving the existing sea wall and will not

change the impact of the works in relation to coastal erosion.

In terms of the arrangements to secure adequate funding for the carrying out of the restoration and

maintenance, the proponent proposes to lodge a bank guarantee with Council for an agreed amount


public access


1540.1130

to be released upon completion of the works, that is, when International Coastal Management

provide certification that the works have been satisfactorily completed.

Financial assurance required for the ongoing maintenance will be provided by bond or bank

guarantee.

4.1.6 THE MARINE ESTATE MANAGEMENT ACT 2014

The following provisions of the Marine Estate Management Act 2014

apply to the proposed development.

56 Development affecting marine parks and aquatic reserves—

application of EPA Act

(1) In determining a development application under Part 4 of the

Environmental Planning and Assessment Act 1979for the carrying out of

development on land that is in the locality of a marine park or an

aquatic reserve, the consent authority must take into consideration

the objects of this Act, the permissible uses of the area concerned

under the regulations or the management rules and any advice given to

it by the relevant Ministers about the impact on the marine park or

aquatic reserve of development in the locality.

(2) If the consent authority is of the opinion that development proposed

in the development application is likely to have an effect on the plants or

animals within the marine park or aquatic reserve and their habitat, the

consent authority must consult with the relevant Ministers before finally

determining the application.

(3) A determining authority must not carry out, or grant an approval

to carry out, an activity on land that is in the locality of a marine park

or an aquatic reserve in purported compliance with Part 5 of the Environmental Planning and Assessment

Act 1979 unless:

(a) the determining authority has taken into consideration the purposes of marine parks or aquatic

reserves, the regulations and any advice given to it by the relevant Ministers on the impact on the marine

park or aquatic reserve of the carrying out of an activity in the locality, and

(b) if the determining authority is of the opinion that the proposed activity is likely to have an effect on the

plants or animals within the marine park or aquatic reserve or their habitat, the determining authority has

consulted with the relevant Ministers.

Comment:

The proposed repair and maintenance of the existing seawall are not considered likely to result in

any adverse environmental impacts in terms of the marine park.

4.1.7 CERTIFIED DRAFT PLANS

No Certified Draft Plans apply to the proposed development.

4.1.8 SPECIFIC ENVIRONMENTAL PLANNING & ASSESSMENT ACT REQUIREMENTS

No specific provisions apply to the change in use.

4.1.9 INTEGRATED DEVELOPMENT CONSIDERATIONS

The subject works are to be undertaken within the road reserve of The Esplanade and therefore

require Section 138 Roads Act approval. The propose works are therefore Integrated Development

for the purposes of Section 91 of the Environmental Planning and Assessment Act 1979.

The existing road reserve presently forms part of the beach and will continue to function in this

manner.

The existing stairs to the north east as

viewed from the beach

The existing stairs to the north east as

viewed from the beach


1540.1130

C O N T R I B U T I O N P L A N S 4.2

No Developer Contribution Plans apply to the proposed development.

L O C A L P O L I C Y C O N T R O L S 4.3

Other than the provisions described in the above, it is understood that no specific policy of Council is

applicable to the subject project.

S T A T E G O V E R N M E N T P O L I C Y 4.4

The following State Government Policy document(s) is (are)

applicable in the subject case.

Name: NSW Flood Plain Development Manual.


The proposed repair works are not inconsistent with the provisions

of the NSW Flood Plain Development Manual.

Name: The NSW Coast - Government Policy.


Pursuant to the Regulations made under the Act, relevant provisions of the Government Coastal

Policy must be considered for this project. The proposed development is consistent with the

relevant provisions of the NSW Coastal Policy 1997.

Key provisions from the NSW Coastal Policy are tabulated below. Commentary by PLANNERS NORTH

is provided with respect to each of the key planning principles.

TABLE 4.1 REVIEW OF KEY PROVISIONS OF THE NSW COASTAL POLICY 1997

Goal Objective Strategic Action Proposed Development

1. To protect,

rehabilitate and

improve the natural

environment.

1.1 To identify

coastal lands and

aquatic

environments with

conservation values

and devise and

implement

acquisition policies,

management

strategies and

controls to ensure

that those values are

protected.

1.1.6 Voluntary

conservation agreements

will be negotiated with

landowners to ensure

preservation of plant and

animal species on

freehold and other lands

of significant

conservation value.

1.1.7 Seagrass,

mangrove, saltmarsh and

other associated wetland

species will be conserved

and managed as valuable

components of the

coastal ecosystem by

effectively implementing

existing controls (eg.

SEPP No. 14, Fish Habitat

Protection Plans, Ramsar

listing of important

wetlands) and through

The proposed works

comprise the repair of an

existing seawall and are

not considered to be

inconsistent with the

protection, rehabilitation

and improvement of the

natural environment.

The existing seawall

protects the dunes,

existing dwelling houses

and the Belongil estuary

beyond.


beach


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controlling runoff,

sedimentation and other

water quality impacts.

1.2 To conserve the

diversity of

alternative plant and

animal species and

to protect and assist

the recovery of

threatened and

endangered species.

1.2.3 The changes in fish

habitats and utilisation by

fish populations and

communities will be

studied to assist in

planning decisions where

habitat modification or

alienation may be

involved.

1.2.5 Lists of threatened

species, populations and

ecological communities

established under the

Threatened Species

Conservation Act 1995,

will include coastal

species, populations and

ecological communities

and will be regularly

reviewed.

The proposed works are

not likely to impact on

any fish habitats.

1.3 To improve

water quality in

coastal and

estuarine waters

and coastal rivers

where it is currently

unsatisfactory and

to maintain water

quality where it is

satisfactory.

1.3.1 Licence limits

imposed by the

Environment Protection

Authority will continue to

be used as appropriate to

control discharges of

pesticide compounds,

heavy metals and other

contaminants from

sewage treatment works

and other point sources.

1.3.2 Problems of other

non-point source

pollution (eg resulting

from urban

development) will be

addressed through a

range of actions including

the setting of ambient

water quality objectives;

the development of

stormwater management

plans; the promulgation

of environmental

guidelines; and

The proposed repair

works are not likely to

result in adverse water

quality impacts.


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encouraging the

adoption and

implementation of

industry and developers

“best management

practices” for minimising

pollution.

1.3.7 The highest possible

quality of coastal waters

will be ensured by:

establishing water quality

and environmental flow

objectives for coastal

rivers and implementing

through catchment plans;

basing waste water

discharge limits on the

relevant national water

quality guidelines and the

local ambient water

quality objectives in

accordance with the

Australian Water Quality

Guidelines for Fresh and

Marine Waters (ANZECC,

1992);assessing the

quality of ocean and

estuarine waters against

local water quality

objectives, where

established, and

otherwise by using the

ANZECC (1992) Marine

Waters standards as

benchmarks.

1.3.8 The discharge of

contaminated

stormwater to coastal

waters will be minimised,

with the aim being to

ensure environmentally

sound management of

stormwater and prevent

contamination in the

future.

1.3.12 The control of

discharge of toilet and


1540.1130


galley waste from vessels

in intensively used

waterways will be

enforced and adequate

vessel sewage pumpout

facilities in the State’s

intensively used

waterways will be

provided.

1.3.13 The re-use of

treated bio-solids and

effluent will continue to

be investigated and

promoted where

ecologically sustainable.

Trials of re-use in

industry, agriculture and

domestic uses will be

extended as appropriate.

1.4 To manage the

coastline and

estuarine

environments in the

public interest to

ensure their health

and vitality.

1.4.5 Development

proposals on the

coastline and offshore,

which are threatened by

coastal hazards or where

they pose a threat to the

physical wellbeing of the

coastline subject to the

provisions of the Coastal

Protection Act, 1979 will

be approved subject to

conditions which

minimise impacts or

rejected where they pose

an unacceptable threat to

the physical wellbeing of

the coastline.

1.4.7 Development

proposals in or adjacent

to estuaries will only be

approved where

conditions can be

imposed which minimise

potential impacts to the

extent that they are

acceptable under the

Rivers and Foreshores

Improvement Act, 1948

and Fisheries

Management Act, 1994.

The proposed works

comprise repair works

only and as detailed in

the material provided by

International Coastal

Management, they are

not considered likely to

cause any increase in

erosion of the beach or

adjacent land.

It is noted that the

existing wall protects the

dunes, houses and the

estuary beyond.


1540.1130


Development proposals

in or adjacent to

estuaries will be rejected

where they have the

potential to adversely

impact on the physical

amenity or ecology of the

estuaries to the extent

that they are

unacceptable under the

Rivers and Foreshores

Improvement Act, 1948

and Fisheries

Management Act, 1994.

2. To recognise and

accommodate

natural processes

and climate change.

2.1 To give the

impacts of natural

processes and

hazards a high

priority in the

planning and

management of

coastal areas.

2.1.3 Physical and

ecological processes and

hazards will be

considered when

assessing Development

Applications.

2.1.4 Initiatives will be

taken to address the

impacts of acid sulfate

soils (ASS) through:

consideration being given

to the need for

environmental studies

which address ASS early

in the planning and

development process;

the use of ASS soils risk

mapping undertaken by

the Department of Land

and Water Conservation

and guidelines for their

assessment and

management prepared

by the Environment

Protection Authority in

the assessment of any

proposals likely to disturb

ASS;

EISs being required for

certain types of

development if located

on potential ASS soils in

accordance with

Schedule 3 of the EP & A

Regulation;

The proposed works

seek to repair an existing

seawall.


1540.1130


Monitoring of the

impacts of disturbed ASS

and requiring restoration

and mitigation works to

be undertaken

progressively;

The preparation of

management plans, as

appropriate, to effectively

manage project level

impacts and the

remediation of ASS sites.

3. To protect and

enhance the

aesthetic qualities of

the coastal zone.

3.2 To design and

locate development

to complement the

surrounding

environment and to

recognise aesthetic

qualities.

3.2.1 Guidelines such as

the North Coast Design

Guidelines and

Guidelines for Tourism

Development along the

New South Wales Coast

will be promoted to

encourage good

development and design

in order to conserve the

natural environment and

integrate built features

with the natural

environment.

3.2.2 The use of good

design principles will be

encouraged to ensure

more compact, human

scale towns are

developed with their own

character within the

constraints of the existing

infrastructure.

The proposed repair

works are unlikely to

result in adverse impacts

in relation to the

aesthetic qualities of the

coastal zone, given the

presence of an existing

seawall.

3.2.4 When assessing

Development

Applications

consideration of the

design and locational

principles contained in

the Coastal Policy will be

required.

Name: Draft State Environmental Planning Policy (Coastal Management) 2016



1540.1130

Draft State Environmental Planning Policy (Coastal Management) 2016 applies to the land. The aim

of this policy is to promote and integrate a coordinated approach to land use planning in the Coastal

Zone in a manner consistent with the objectives of the new Coastal Management Act 2016.

The draft SEPP contains the following transitional provisions:

24 Savings and transitional provisions

This Policy does not apply to a development application lodged, but not finally

determined, immediately before the commencement of this Policy in relation to land

to which this Policy applies.

A N C I L L A R Y L E G I S L A T I O N 4.5

The applicant is aware that in addition to the consent authority's

approval of the subject application, the provisions of the following

statutes may regulate development in the manner proposed:

Environmental Planning and Assessment Act 1979

Local Government Act 1993

Protection of the Environment Administration Act 1991

Protection of the Environment Operations Act 1997


beach


1540.1130

5 . E N V I R O N M E N T A L I N T E R A C T I O N S

This section of the report expands on the contextual description of the physical environment given in

Section 2, and undertakes an analysis of environmental interactions (particularly those at aspects of S.79C

(1) (b) and (c) relevant in the subject circumstances) applicable to the proposed development with specific

reference to the site planning objectives specified in Section 3.1 of the report. Further, this section reviews

a range of comprehensive environmental management measures, again aimed at specifically addressing

adopted site planning objectives.

C O N T E X T A N D S E T T I N G 5.1

Objective a

To provide for the repair and maintenance of the existing coastal protection works.

The proposed works reflect repairs anticipated by recent Supreme Court of New South Wales

Consent Orders made in August 2016. The works provide for the repair and maintenance of the

existing wall only and no not protrude further seaward than the existing structure.

P U B L I C A C C E S S 5.2

Objective b

To provide for enhanced public access along the coastal foreshore.

The proposed works will make public access along the beach safer by moving dislodged rocks form

the existing wall and replacing these on the repaired slope. The completed repair works provide for

safe public access along the top of the wall and will remove any existing potential threat to public

safety.

N A T U R A L A N D B U I L T E N V I R O N M E N T 5.3

Objective c

To ensure the protection works do not result in adverse impacts on the existing natural or built

environment.

As detailed in the information prepared by International Coastal Management, the proposed works

will not cause any increase in erosion of the beach or adjacent land, as it will have a similar footprint

to the existing structure and will not protrude further seaward. The repaired walls will act in a

similar manner to the present damaged walls.

Objective d

To ensure the works are adequately maintained and managed.

In relation to the maintenance and management of the works, financial assurance will be provided

by bond or bank guarantee.


1540.1130

6 . C O N C L U S I O N

The proposal to repair the existing coastal protection measures is a

product of several factors including:

Responding to the identified structural inadequacies of the

existing sea wall; and

Supreme Court of NSW Consent Orders made on 12 August

2016.

The proposed works reflect those anticipated by the recent

Supreme Court of New South Wales Consent Orders made in

August 2016. The proposed repair works provide for improved

public access and a reduction in risk along this part of the

coastline.

It is concluded that the proposed works are consistent with the relevant statutory and policy

provisions and warrant approval in the subject circumstances.

Kate Singleton MPIA

Certified Practising Planner


beach


1540.1130

7 . R E F E R E N C E S

BLEP, 1988 Byron Local Environmental Plan 2014, Byron Shire Council, 1988.

BDCP 2010 Byron Development Control Plan 2014, Byron Shire Council, 2010.

Worley Parsons Byron Bay Erosion Protection Structures – Risk Assessment, Worley Parsons,

March 2013.


1540.1130

A P P E N D I X A

Supreme Court of NSW Consent Orders

29

30

31

32

33

34

35


1540.1130

A P P E N D I X B

Plans prepared by International Coastal Management

36



Belongil Seawall Repairs

28A CHILDE STREET AND 8 THE ESPLANADE

(Lots 32, 33, 34, 35 and 36 in Section 2 of DP1623)

DRAWING REGISTER

21.12.2016

BSR - CS3 - 001 COVER PAGE

BSR - CS3 - 002 PLAN VIEW (PRESENT)

BSR - CS3 - 003 X-SECTION A (PRESENT)

BSR - CS3 - 004 REPAIR WORKS A

BSR - CS3 - 005 X-SECTION B(PRESENT)

BSR - CS3 - 006 REPAIR WORKS B

BSR - CS3 - 007 CONSTRUCTION PLAN

BSR - CS3 - 008 CONSTRUCTION NOTES

SITE LOCATION

37

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REV.NO.

PROJECT NAME

DRAWING TITLE

DRAWN :

SIZE:

DRAWING No.

CHECKED :

SCALE :

APPROVED :

DATE :

DESCRIPTION

DATE

REVISION REGISTER

BY ENG.APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


21 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 002


-

- - - - - -

- - - - - -

- - - - - -

- - - - - -

- - - - - -

- --

- - -

PLAN VIEW (PRESENT

AHD -

SITE PLAN

Slope Crest Level (October 2016

Survey)


X-Section

Stair Access

EXISTING STEPS

(TO BE REPAIRED)

EXISTING PUBLIC WALKWAY

(TO BE REPAIRED)


(TO BE REPAIRED)

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38

-2.0m AHD

-1.0m AHD

0.0m AHD

1.0m AHD

2.0m AHD

3.0m AHD

4.0m AHD

5.0m AHD

6.0m AHD

7.0m AHD

-2.0m AHD

-1.0m AHD

0.0m AHD

1.0m AHD

2.0m AHD

3.0m AHD

4.0m AHD

5.0m AHD

6.0m AHD

7.0m AHD

MHWS

MLWS

MSL

MHWS

MLWS

MSL

REV.NO.

PROJECT NAME

DRAWING TITLE

DRAWN :

SIZE:

DRAWING No.

CHECKED :

SCALE :

APPROVED :

DATE :

DESCRIPTION

DATE

REVISION REGISTER

BY ENG.APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


21 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 003


-

- - - - - AJ

- - - - - -

- - - - - -

- - - - - -

- - - - - -

- --

- - -


AHD -


DAMAGED RUBBLE WALL (TO BE REPAIRED)



ROCK FILL

ROCK FILL

ROCK FILL

TOP OF SLOPE

+5.3m AHD

Previous Scour Level

(from Photos)


(TURFED)

Ti-Tree Logs

(TO BE REMOVED)

(from Photos)


Typical Profile [approx. 1V:1.5H]

(from historical photos and surveys)

PHOTO (ICM 13/10/16)

AERIAL PHOTO JUNE 2016 (Source: WRL)

39

-2.0m AHD

-1.0m AHD

0.0m AHD

1.0m AHD

2.0m AHD

3.0m AHD

4.0m AHD

5.0m AHD

6.0m AHD

7.0m AHD

MHWS

MLWS

MSL

REV.NO.

PROJECT NAME

DRAWING TITLE

DRAWN :

SIZE:

DRAWING No.

CHECKED :

SCALE :

APPROVED :

DATE :

DESCRIPTION

DATE

REVISION REGISTER

BY ENG.APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


21 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 004


-

A - Amended Annotations - - AJ

- - - - - -

- - - - - -

- - - - - -

- - - - - -

- --

- - -

REPAIR WORKS A

AHD -

TYPICAL REPAIR PROFILE A

REPAIR PRIMARY ARMOUR LAYER

TO 1:1.5 SLOPE (0.5-2.5t BOULDERS OR EQUIVALENT)

REPAIR SECONDARY ARMOUR LAYER

(100 to 500kg Rock) AS REQUIRED


REPAIR FILTER LAYER

1.5

1

TOP OF WALL +5.0m AHD (MIN)

TOP OF SLOPE +5.3m AHD


Ti-tree logs

Removed

EXISTING PUBLIC WALKWAY REPAIRED

(TURFED)


ROCK FILL

ROCK FILL

ROCK FILL

40

-2.0m AHD

-1.0m AHD

0.0m AHD

1.0m AHD

2.0m AHD

3.0m AHD

4.0m AHD

5.0m AHD

6.0m AHD

7.0m AHD

-2.0m AHD

-1.0m AHD

0.0m AHD

1.0m AHD

2.0m AHD

3.0m AHD

4.0m AHD

5.0m AHD

6.0m AHD

7.0m AHD

MHWS

MLWS

MSL

MHWS

MLWS

MSL

REV.NO.

PROJECT NAME

DRAWING TITLE

DRAWN :

SIZE:

DRAWING No.

CHECKED :

SCALE :

APPROVED :

DATE :

DESCRIPTION

DATE

REVISION REGISTER

BY ENG.APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


21 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 005


-

- - - - AJ AJ

- - - - - -

- - - - - -

- - - - - -

- - - - - -

- --

- - -

X-SECTION B (PRESENT)

AHD -

X-SECTION B (PRESENT)

DAMAGED RUBBLE WALL (TO BE REPAIRED)



TOP OF SLOPE

+5.3m AHD

Previous Scour Level

(from Photos)

Ti-tree Logs

(TO BE REMOVED)

(from photos)

ROCK FILL

ROCK FILL

ROCK FILL


(TURFED)


Typical profile [approx 1V:1.5H]

(from historical photos and surveys)

PHOTO (ICM 13/10/16)

AERIAL PHOTO JUNE 2016 (Source: WRL)

41

-2.0m AHD

-1.0m AHD

0.0m AHD

1.0m AHD

2.0m AHD

3.0m AHD

4.0m AHD

5.0m AHD

6.0m AHD

7.0m AHD

MHWS

MLWS

MSL

REV.NO.

PROJECT NAME

DRAWING TITLE

DRAWN :

SIZE:

DRAWING No.

CHECKED :

SCALE :

APPROVED :

DATE :

DESCRIPTION

DATE

REVISION REGISTER

BY ENG.APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


21 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 006


-

A - - - AJ -

- - - - - -

- - - - - -

- - - - - -

- - - - - -

- --

- - -

REPAIR WORKS B

AHD -

TYPICAL REPAIR PROFILE B

REPAIR PRIMARY ARMOUR LAYER

TO 1:1.5 SLOPE (0.5-2.5t BOULDERS OR EQUIVALENT)

REPAIR SECONDARY ARMOUR LAYER

(100 to 500kg Rock) AS REQUIRED


ROCK FILL

ROCK FILL

ROCK FILL

REPAIR FILTER LAYER

1.5

1

TOP OF WALL +5.0m AHD (MIN)

TOP OF SLOPE +5.3m AHD



Ti-tree Logs

Removed

EXISTING PUBLIC WALKWAY REPAIRED

(TURFED)

42

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PROJECT NAME

DRAWING TITLE

DRAWN :

SIZE:

DRAWING No.

CHECKED :

SCALE :

APPROVED :

DATE :

DESCRIPTION

DATE

REVISION REGISTER

BY ENG.APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


21 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 007


-

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- - - - - -

- --

- - -

CONSTRUCTION PLAN

AHD -

CONSTRUCTION PLAN

S

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1. Construction access to be from 'Old Jetty Site'

- Construction access to be adequately

fenced

2. Provide safe access to beach over repaired

wall at each end.

Safety Fence


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REV.NO.

PROJECT NAME

DRAWING TITLE

DRAWN :

SIZE:

DRAWING No.

CHECKED :

SCALE :

APPROVED :

DATE :

DESCRIPTION

DATE

REVISION REGISTER

BY ENG.APP.

LEGEND

LOCALITY PLAN

REVISION:

NOTES



RPEQ 2876


21 Dec, 2016

SK AJ AJ

A3 A3

BSR - CS3 - 008


-

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- - - - - -

- - - - - -

- --

- - -

CONSTRUCTION NOTES

AHD -

REPAIR CONSTRUCTION METHOD STATEMENTWorks to repair the seawall structures are to be carried out as anticipated by the recent Supreme Court of NSW

consent orders made 12/8/16. The proposed method of carrying out the works is as follows:

Pre-Construction

o All approvals and notifications to be in place.

o Safety fencing and signage is to erected as per drawing 007 to restrict public access to the work and

access areas.

o Construction of a temporary construction track from either the sealed section of Manfred Street over the

existing rock wall or, alternatively, the sealed section of Don Street along the southern boundary of 1 Don

Street over the existing SFGC wall (covered with 1200gsm non-woven geotextile) onto the beach.

Construction (5 days per week, 7am to 6pm. Estimated repair time 2 week)

o Access onto the fenced works area for equipment and materials will be by temporary construction track.

o The works shall be carried out in 10 -15m sections starting from the NW end.

o The toe of the existing wall will be excavated with a 20-30t hydraulic excavator to about -1m AHD and

re-profiled to the original stable slope of about 1V:1.5H with the repaired crest at +6m AHD.

o The works are to have the rocks well interlocked and are to be tied smoothly into adjacent rock walls to

the SE and NW.

o The crest and toe of the works shall be tapered smoothly into the adjacent crest and toe without

interference with the existing structures.

o The existing access to the beach shall be repaired and safe access provided at each end of the works to

provide public access along the top of the wall.

o The wall is to be progressively surveyed and final “as constructed” drawings prepared.

Post-Construction

o The beach is to be groomed and left in a clean condition free from rock or rubble.

o The access track is to be removed and the area impacted by the track revegetated and restored to the

original condition.

o The safety fencing is to be removed.

Repair Costs

o Preliminary Estimate = $165,000

MITIGATION OF IMPACTS

The works have been designed to avoid adverse impacts. Section 55M of the Coastal Protection Act requires that:

(a) the works will not over the life of the works:

(i) unreasonably limit or be likely to unreasonably limit public access to or the use of a beach or headland, or

(ii) pose or be likely to pose a threat to public safety, and

(b) satisfactory arrangements have been made (by conditions imposed on the consent) for the following for the life of the

works:

(i) the restoration of a beach, or land adjacent to the beach, if any increased erosion of the beach or adjacent land is

caused by the presence of the works,

(ii) the maintenance of the works.

With reference to the above conditions:

Re (a) (i);

The proposed works are to make safe existing works by restacking of the wall to restore a stable slope without loose

rocks that could be easily dislodged during erosion events.

The proposed works will make public access safer by moving dislodged rock from the base of the existing wall and

replacing these on the repaired slope.

The completed repair works will improve public access along the beach.

Re(a) (ii);

The proposed repair works will improve public safety by restacking loose rock. Thus, the repair works will not “pose a

threat to public safety”.

Re (b) (i);

The proposed repair works will restore a stable slope. Large loose rocks at the toe will be moved landward onto the

steeper mid and upper slope of the wall. The footprint of the repaired wall will be smaller and will not extend as far

seaward. The repaired wall face will also be less reflective during erosion events. As a result, any impacts on the

beach and adjacent land will be the same, or less, than at present. Thus, the repairs will not cause “any increased

erosion of the beach or adjacent land”.

Re (b) (ii);

The proposed repair works can and should be maintained by the landowners after each erosion event that impacts thewall.

REPAIR DESIGNTo determine the extent of repair works:

An inspection of the walls covered under the consent orders was carried out by ICM engineers on 13/10/16 to

ascertain the present condition.

Historical photos and surveys held by ICM were reviewed to ascertain the previous condition.

44


1540.1130

A P P E N D I X C

Ecological Assessment

45

1 |P e t e r P a r k e r c o n s u l t a n c y a d v i c e

Peter Parker Environmental Consultants

Pty Ltd

250 Broken Head Road,

Broken Head, NSW 2481

0266 853 148

0419984954

[email protected]

ACN 076 885 704

_________________________________________________________________

21 December 2016

Kate Singleton

Planners North 3/69 Centennial Circuit

Byron Bay

NSW 2481

Kate:

Proposal to repair existing coastal protection works at

28 and 28A Childe Street Belongil

Further to your instructions, I have reviewed the scope of works described in the

planning report prepared by Planners North and the Engineering report prepared

by International Coastal Management Pty Ltd (“ICM”) for 28 and 28A Childe Street

Belongil and my environmental assessment is attached.

The proposed works

A description of the repairs is contained in ICM and the Planning Report prepared

by Planners North. The site is described as Lots 32-36 Section 2 DP 1623 Nos. 28

and 28A Childe Street Belongil (Fig. 1). The site of the repairs is immediately

seaward of the above allotments as illustrated in the engineering plans (ICM

2016).

Factors associated with the works are described by Planners North as follows:

46


The proposed works to repair the seawall structure are to be carried out

as anticipated by the recent Supreme Court of NSW Consent Orders made

on 12 August 2016. The following material provided by International

Coastal Management details pre-construction preparation, construction

methodology and post-construction measures.

Pre-Construction

All approvals and notifications to be in place.

Safety fencing and signage is to erected as per drawing 007 to restrict

public access to the work and access areas.

Construction of a temporary construction track from either the sealed

section of Manfred Street over the existing rock wall or, alternatively,

the sealed section of Don Street along the southern boundary of 1 Don

Street over the existing SFGC wall (covered with 1200gsm non-woven

geotextile) onto the beach.

Construction (5 days per week, 7am to 6pm)

Access onto the fenced works area for equipment and materials will be

by temporary construction track.

The works shall be carried out in 10 -15m sections starting from the NW

end.

The toe of the existing wall will be excavated with a 20-301 hydraulic

excavator to about -1 m AHD and re-profiled to the original stable slope

of about 1V: 1.5H with the repaired crest at +6m AHD.

Unsuitable existing materials such as the ti-tree logs are to be removed

from site and disposed of at the Council tip.

The works are to have the rocks well interlocked and are to be tied

smoothly into adjacent rock walls to the SE and NW.

The crest and toe of the works shall be tapered smoothly into the

adjacent crest and toe without interference with the existing structures.

The existing access to the beach shall be repaired and safe access

provided at each end of the works to provide public access along the top

of the wall.

The wall is to be progressively surveyed and final “as constructed"

drawings prepared.

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Fig. 1: Location (Source: Nearmap)

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Post-Construction

The beach is to be groomed and left in a clean condition free from rock

or rubble.

The access track is to be removed and the area impacted by the track

revegetated and restored to the original condition.

The safety fencing is to be removed.

The works will be undertaken adjacent to the Cape Byron Marine Park (“CBMP”)

which extends up to the mean high water mark. However, the works will be

confined to the reinstatement and repair of an existing rock wall with access along

Belongil Beach. Potential impacts on marine fauna will be minimal, localised and

of a short duration.

Environmental Planning and Assessment Act 1979

For the purposes of the Environmental Planning and Assessment Act 1979 (“EPA

Act”) and, in particular, in the administration of sections 78A, 79B, 79C, 111 and

112, the following must be taken into account in deciding whether there is likely

to be a significant effect on threatened species, populations or ecological

communities, or their habitats:

Each of the factors listed below under sections 5A a-g; and

Any assessment guidelines1.

S.5A (a)

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

In assessing the likelihood that a viable local population of a species will be placed

at risk of extinction from this proposal the following factors have been considered:

1 For the purpose of this assessment the Threatened species assessment guidelines, the assessment

of significance have been adopted. Publ. DECC 2007

49


the proposal’s likely impact upon the key habitat components essential

to the species’ lifecycle; and

the size of the local population in comparison with that which is

proposed to be removed/modified.

A study area of 1 km around the site was considered appropriate for fauna and is

in accordance with the Threatened species assessment guidelines (“the

Guidelines”) for the undertaking of the 7 part-test (Fig. 2).

The Guidelines provide the following advice:

“The assessment of the local population may be extended to include

individuals beyond the study area if it can be clearly demonstrated that

contiguous or interconnecting parts of the population continue beyond the

study area, according to the following definitions:

The local population of a threatened plant species comprises those

individuals occurring in the study area or the cluster of individuals that

extend into habitat adjoining and contiguous with the study area that

could reasonably be expected to be cross-pollinating with those in the

study area.

The local population of resident fauna species comprises those individuals

known or likely to occur in the study area, as well as any individuals

occurring in adjoining areas (contiguous or otherwise) that are known or

likely to utilise habitats in the study area.

The local population of migratory or nomadic fauna species comprises

those individuals that are likely to occur in the study area from time to

time.”

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Fig. 2: Office of Environment and Heritage BioNet records

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The Office of Environment and Heritage BioNet records for threatened species within 1

km of the site are mapped in Fig. 2 and the relevant species are addressed below.

Reptiles

Green turtle

The green turtle is a large sea-turtle that grows up to 1 m in length. Its heart-shaped

shell is olive-green, brown and black, and the scales on the side of the face and limbs

have distinctive pale edges. It is an ocean-dwelling species spending most of its life at

sea. Its eggs are laid in holes dug in beaches throughout their range and it has been

recorded within 1 km of the site (Fig. 2).

The OEH threatened species profile for the green turtle recommends that nesting turtles

and nest sites be protected. Thus, it is important to consider this factor prior to

construction.

The recovery plan for green turtles states:

The management of marine turtles is difficult because of their complex

ecology. The size and status of these populations is difficult to quantify

because:

most of their lives are spent in the marine environment;

hatchlings disperse throughout entire oceans;

individuals follow their own migratory path;

they are highly migratory, crossing Commonwealth, State, Northern Territory

and international boundaries;

only the females return to their natal beach, where they lay several clutches of

eggs, and not all females nest each year;

they are long-lived and slow to mature;

they occupy different habitats at different stages of their life; and

they are subject to a wide range of impacts at different stages of their life.

Ideally construction should be undertaken out of the breeding season. Nesting occurs

between mid-late October and late March-early April with a peak in late December-early

January for the southern Great Barrier Reef population. Liaison with the CBMP Authority

52


is recommended to determine whether any nest sites occur in the locality prior to

construction commencing.

Birds

Little tern

The little tern is a small, slender, migratory or partly migratory seabird. At less than 25

cm long it is two-thirds to half the size of any other south-eastern tern. Pale grey

upperparts contrast with the white chest, underbelly and the moderately long, deeply

forked tail (80 - 110 mm). The Little Tern has a black cap and black outer wing-edges.

During breeding the bill (26 - 32 mm) and legs change from black to yellow, and a black

wedge appears from the bill to the eye. During non-breeding, the Little Tern’s black cap

shrinks to a black nape and its bill becomes black.

The little tern occurs on the north, east and south-east Australian coasts, from Shark Bay

in Western Australia to the Gulf of St Vincent in South Australia. In NSW, it arrives from

September to November, occurring mainly north of Sydney, with smaller numbers found

south to Victoria. It breeds in spring and summer along the entire east coast from

Tasmania to northern Queensland, and is seen until May, with only occasional birds seen

in winter months.

It no longer breeds at the mouth of the Belongil Estuary, although this is an important

roosting and feeding site. The proposed works will not impact on the roosting feeding

and nest requirements of this species.

Pied oystercatcher

The pied oystercatcher is a large, black and white wader, reaching 50 cm in length. The

sexes are similar, yet may be separable when together with the female having a slightly

longer, more slender bill. When not in flight, it appears entirely black above, with white

underparts. The back, head and breast are black, and the belly, rump and tail are white.

The tail is tipped black. The wings are black with a narrow white bar on the upperwing

and white underwing coverts. The eye-ring, iris and bill of the Pied Oystercatcher are

brilliant scarlet and its legs are stout and coral pink. The most often heard call is a loud,

sharp, high-pitched ‘kurvee-kurvee-kurvee’, usually given in alarm, which increases in

53


pitch and rapidity when a nest site is approached. The species is distributed around the

entire Australian coastline, although it is most common in coastal Tasmania and parts of

Victoria, such as Corner Inlet. In NSW the species is thinly scattered along the entire

coast, with fewer than 200 breeding pairs estimated to occur in the State.

http://www.environment.nsw.gov.au/threatenedspeciesapp/profile.aspx?id=10386

This species breeds each year at the mouth of the Belongil Estuary. However, no

breeding, foraging or roosting areas will be impacted by the proposed works.

Beach stone curlew

The beach stone-curlew is a large, heavy-set wader (up to 56 cm in body length, and

with a wingspan of up to 1.1 m), with a large-headed appearance, emphasised by its

massive bill, strong legs and a short tail. Adults have largely grey-brown upperparts with

a distinctive black-and-white striped face and shoulder-patch. The throat and breast are

a paler grey and the belly white. The wings are broad and long, mostly pale grey with

dark leading and trailing edges to the innerwing and a boldly black-and-white outerwing.

The eyes are yellow and there is a yellow patch at the base of the bill. Beach stone-

curlews are usually seen alone or in pairs, but sometimes occur in small groups of up to

six birds. They are mainly active at dawn, dusk and at night, but birds are often seen

when they shift or move about sedately during the day.

Beach stone-curlews are found exclusively along the coast, on a wide range of beaches,

islands, reefs and in estuaries, and may often be seen at the edges of or near

mangroves. They forage in the intertidal zone of beaches and estuaries, on islands, flats,

banks and spits of sand, mud, gravel or rock, and among mangroves. Beach stone-

curlews breed above the littoral zone, at the backs of beaches, or on sandbanks and

islands, among low vegetation of grass, scattered shrubs or low trees; also among open

mangroves.

http://www.environment.nsw.gov.au/threatenedSpeciesApp/profile.aspx?id=10280

This species has not been recorded proximal to the site and proposed works will not

impact on breeding, foraging or roosting areas.

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http://www.environment.nsw.gov.au/threatenedSpeciesApp/profile.aspx?id=10280


Eastern Osprey

The eastern osprey is a large, water-dependent bird of prey, distinctive in flight and

when perched. Despite its wing-span of up to 1.7 m, it is noticeably smaller than the

White-bellied Sea-eagle. In flight it can be recognised by its distinctly bowed wings that

are dark brown above, and barred underneath, and with white underwing coverts.

Perched, the upperparts are dark brown and the underparts are white. The female has a

dark streaky collar. The head is mainly white with a blackish stripe through the eye.

This species favours coastal areas, especially the mouths of large rivers, lagoons and

lakes, is a fish feeder, and nest high in dead trees or in live trees usually within 1 km of

the ocean

http://www.environment.nsw.gov.au/threatenedspeciesapp/profile.aspx?id=10585.

The proposed works will not impact on breeding, foraging or roosting areas.

S5A (a) conclusion

The proposed development is unlikely to significantly impact on the habitat of any

threatened species. It is will not 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.

S.5A (b)

b) 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,

No endangered populations, listed under Part 2 of Schedule 1 of the TSC Act, occur

within the vicinity of the subdivision site. Thus, the action proposed will not cause a

viable local population of the species to be placed at risk of extinction.

S.5A (c)

c) in the case of an endangered ecological community or critically

endangered ecological community, whether the action proposed:

55



(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

(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,

Thus, the proposed development will not 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 nor will any proposed action substantially and adversely modify the

composition of the ecological community such that its local occurrence is likely to be

placed at risk of extinction.

S.5A (d)

d) in relation to the habitat of a threatened species, population or

ecological community:

(i) the extent to which habitat is likely to be removed or

modified as a result of the action proposed, and

(ii) 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

(iii) 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,

With respect to s.5A (i), no habitat is likely to be removed or modified as a result of the

action proposed.

With respect to s.5A (ii), no habitat is likely to become fragmented or isolated.

With respect to s.5A (iii), no habitat will be removed. Accordingly, the proposal will not

significantly affect the long-term survival of the species, population or ecological

community in the locality.

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S.5A (e)

whether the action proposed is likely to have an adverse effect on

critical habitat (either directly or indirectly)

The site does not contain any area which has been identified and declared as critical

habitat under Part 3 of the TSC Act. Therefore, critical habitat will not be affected by the

proposed development.

S.5A (f)

f) whether the action proposed is consistent with the objectives or

actions of a recovery plan or threat abatement plan

The priorities action statement and associated Saving our Species conservation

projects have replaced the need for recovery plans. However, a recovery plan has been

prepared for the green turtle and extracts are contained in this advice under its species

profile (http://www.environment.nsw.gov.au/threatenedspecies/RecoveryPlans.htm.).

The NSW threatened species priority action statement (“PAS”) (DECCW 2007) advises:

“Habitat loss or modification for urban development and agricultural

practices has been a major factor in the decline of many native plants and

animals. Rehabilitation and regeneration of modified or lost habitat can

help many threatened species continue to survive in the wild. Actions

include planting local native plants to provide food, shelter and roosting

sites, or bush regeneration to reduce the impact on native plants from

weeds.”

The proposed development will not result in habitat loss.

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http://www.environment.nsw.gov.au/threatenedspecies/PAS.htm

http://www.environment.nsw.gov.au/threatenedspecies/RecoveryPlans.htm


S.5A (g)

g) 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

Threatening processes gazetted pursuant to the TSC Act are as follows:

Aggressive exclusion of birds from woodland and forest habitat by abundant

noisy miners, Manorina melanocephala;

Alteration of habitat following subsidence due to longwall mining;

Alteration to the natural flow regimes of rivers and streams and their

floodplains and wetlands (as described in the final determination of the

Scientific Committee to list the threatening process);

Anthropogenic climate change;

Bushrock removal;

Clearing of native vegetation. Clearing is defined as the destruction of a

sufficient proportion of one or more strata (layers) within a stand or stands of

native vegetation so as to result in the loss, or long-term modification, of the

structure, composition and ecological function of a stand or stands;

Competition and grazing by the feral European rabbit, Oryctolagus cuniculus;

Competition and habitat degradation by feral goats, Capra hircus;

Competition from feral honey bees, Apis mellifera;

Death or injury to marine species following capture in shark control programs

on ocean beaches;

Entanglement in or ingestion of anthropogenic debris in marine and estuarine

environments;

Forest eucalypt dieback associated with over-abundant psyllids and bell

miners;

Herbivory and environmental degradation caused by feral deer;

High frequency fire resulting in the disruption of life cycle processes in plants

and animals and loss of vegetation structure and composition. High frequency

fire is defined as two or more successive fires close enough together in time to

interfere with or limit the ability of plants or animals to recruit new individuals

into a population, or for plants to build up a seed-bank of sufficient size to

maintain the population through the next fire;

Importation of red imported fire ants, Solenopsis invicta;

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Infection by Psittacine Circoviral (beak and feather) disease affecting

endangered psittacine species and populations;

Infection of frogs by amphibian chytrid causing the disease, chytridiomycosis;

Infection of native plants by the fungus, Phytophthora cinnamomi;

Introduction and establishment of exotic rust fungi of the order Pucciniales

pathogenic on plants of the family Myrtaceae;

Introduction of the large earth bumblebee, Bombus terrestris;

Invasion and establishment of exotic vines and scramblers;

Loss or degradation (or both) of sites used for hill-topping by butterflies. Hill-

topping in butterflies is a complex behaviour that often facilitates mating

between sexes. Many butterfly species appear to congregate on hill-tops or

ridges that are usually higher than the surrounding landscape. These sites may

range in area from a few square metres to several hectares;

Invasion and establishment of scotch broom, Cytisus scoparius;

Invasion and establishment of the cane toad, Bufo marinus;

Invasion, establishment and spread of Lantana;

Invasion of native plant communities by African olive, Olea europaea L. subsp.

cuspidate;

Invasion of native plant communities by bitou bush, Chrysanthemoides

monilifera. The ability of bitou bush to become the overwhelming dominant in

invaded ecological communities threatens all plant communities within its’

distribution;

Invasion of native plant communities by exotic perennial grasses;

Invasion of the yellow crazy ant, Anoplolepis gracilipes, into NSW;

Loss and degradation of native plant and animal habitat by invasion of escaped

garden plants, including aquatic plants;

Loss of hollow-bearing trees;

Predation by the mosquito fish, Gambusia holbrooki;

Predation by the European red fox, Vulpes vulpes;

Predation by the feral cat, Felix cattus. Predation by the feral cat has been

implicated in the extinction and decline of many species of birds on islands

around Australia and in the early extinction of up to seven species of small

mammals on the Australian mainland;

Predation by the ship rat, Rattus rattus, on Lord Howe Island; and

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Removal of dead wood and dead trees.

None of the above-listed threatening process will occur as a result of the proposed

development.

Should you require any further information, please do not hesitate to contact me.

Yours sincerely,

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Documents

CONSTRUCTION PLAN - NSW Environment & Heritage · CONSTRUCTION PLAN 1. Construction access to be from 'Old Jetty Site' - Construction access to be adequately fenced 2. Provide safe