Environmental Protection Authority GOVERNMENT OF WESTERN AUSTRALIA Chief Executive Officer Shire of Capel _ oan r O bOX »jUw our Ret: Enquiries: CMS14231 Teresa Bryant, 6145 0800 Email: [email protected] — CAPEL 6271 WA T n Dear Sir/Madam DECISION UNDER SECTION 48A(1)(a) Environmental Protection Act 1986 SCHEME: Shire of Capel Town Planning Amendment 52 RESPONSIBLE AUTHORITY; Shire of Capel DECISION: Scheme Not Assessed: Advice appeals) Scheme Given 7 (no Thank you for referring the above proposed scheme to the Environmental Protection Authority (EPA). After consideration of the information provided by you, the EPA considers that the proposed scheme should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 (EP Act) but nevertheless provides the attached advice and recommendations. Please note the following: • For the purposes of Part IV of the EP Act, the scheme is defined as an assessed scheme. In relation to the implementation of the scheme, please note the requirements of Part IV Division 4 of the EP Act. • There is no appeal right in respect of the EPA's decision to not assess the scheme. Level 8, The Atrium, 168 St Georges Terrace, Perth, Western Australia 6000 Telephone 08 6145 0800 Facsimile 08 6145 0895 Email [email protected] Locked Bag 10, East Perth WA 6892 www.epa.wa.gov.au A copy of this letter and the attached advice and recommendations will be made available to the public via the EPA website. Yours sincerely Director Strategic Policy and Planning Division For the Chairman of the Environmental Protection Authority Under Notice of Delegation No. 33 dated 6 December 2013 15 December 2014 End Scheme Advice and Recommendations 2 ADVICE UNDER SECTION 48A(1)(a) ENVIRONMENTAL PROTECTION ACT 1986 Shire of Capel Town Planning Scheme 7 Amendment 52 Determination: Not Assessed - Advice Given (no appeals) Determination Published: 15 December 2014 Summary The Shire of Capel proposes to rezone 386 hectares of land in East Boyanup to the "Urban Development' zone to allow for the gradual development of over 1400 lots and community facilities including a primary school and local centre, in accordance with a local structure plan. The Environmental Protection Authority (EPA) has considered the scheme amendment in accordance with the requirements of the Environmental Protection Act 1986 (EP Act). In making its decision on whether to assess the scheme amendment, the EPA has applied its 'Significance Framework' which relates to the extent to which the scheme amendment meets the EPA's environmental objectives for the environmental factors. The EPA considers that the likely environmental effects of the scheme amendment are not so significant as to warrant formal assessment under Part IV of the EP Act. Direct and indirect impacts can be avoided and minimised during the subsequent stages of the planning process including implementation of the Shire of Capel's scheme provisions, review of the draft East Boyanup Local Structure Plan, management plans, and through other statutory planning processes. 1. Environmental Factors The EPA has identified the following environmental factors relevant to this scheme amendment: a) Flora and Vegetation; b) Terrestrial Fauna; and c) Inland Water Environmental Quality. 2. Advice and Recommendations regarding Environmental Issues The EPA notes that as it is proposed to include the land in the 'Urban Development' zone, a local structure plan needs to be approved by the Council prior to making recommendations to the WA Planning Commission on subdivision applications. Therefore the EPA has also considered the draft East Boyanup Local Structure Plan (LS Plan) in its consideration of the scheme amendment. Shire of Capel TPS 7 Amendment 52 15 December 2014 Page 1of 3 The EPA advises that it does not fully support the LS Plan in its current form as it does not adequately protect regionally significant vegetation and Conservation Category Wetlands and associated buffers. Flora and Vegetation The amendment includes an area of remnant vegetation on Lots 1, 4, 66, 138 and 139 previously identified by the EPA in its assessment of the Greater Bunbury Region Scheme (Bulletin 1108) as regionally significant vegetation that should be conserved and appropriately managed as part of any future zoning, subdivision and/or development of the site. The EPA deferred the environmental factor remnant vegetation so that more detailed consideration of the potential environmental impacts of the urban development could be undertaken by the EPA. The LS Plan is supported by a Level 1 flora, vegetation and fauna assessment for parts of the amendment and LS Plan area, including Lots 138 and 139 but not Lots 1, 4 and 66. The survey of Lots 138 and 139 considered the vegetation as being in 'Good' condition. The vegetation has been identified as both Cartis and Kingia complexes in the Level 1 survey and regional mapping shows that parts of Lots 1 and 66 and all of Lot 4 are also Cartis. Only 23% of the pre-European extent of the Cartis complex remains with only 3.32% formally protected. This is below the threshold level of 30% at which species loss accelerates exponentially (EPA Positon Statement No. 2). Subdivision of the regionally significant vegetation will lead to its degradation through clearing for buildings, fencing, fire breaks and bush fire hazard reduction requirements. As an assessment of the bush fire hazard or fire management plan has not yet been undertaken, the amount of clearing required for hazard reduction cannot be determined. The Office of the EPA has consulted with the Shire of Capel and the planning consultants about the significance of the vegetation. This has resulted in proposals to protect the vegetation by inclusion of Planning Policy Statements in the LS Plan specifying reduced building envelopes of 500m2 and/or building exclusions zones to restrict clearing outside of the envelopes with notifications on title to advise purchases of the restrictions. The EPA is concerned that these additional mechanisms may not adequately protect the regionally significant vegetation. Terrestrial Fauna The remnant vegetation and areas of mine site revegetation within the amendment area support a number of habitat specialist bird species that have declined elsewhere on the Swan Coastal Plain, provide habitat for Baudin's, Carnaby's and Forest Red-tailed Black Cockatoos and feeding and roosting habitat for Western Ringtail Possum. The LS Plan states that the area is bounded by two ecological linkages. However, the Capel/Boyanup Ecological Linkage actually traverses the LS Plan. Whilst the LS Plan Shire of Capel TPS 7 Amendment 52 15 December 2014 Page 2 of 3 largely maintains the linkage through large lots, potential for an additional linkage exists between the foreshore and the lower district park by extending the multiple use corridor beyond Hurst Road to the foreshore reserve. The location of linear parks and multiple use corridors is supported as they will assist with linkage between areas of native vegetation. Inland Water Environmental Quality The western boundary of the amendment is adjacent to the Preston River, which has been classified as a Conservation Category Wetland. Conservation Category Wetlands and their buffers are areas of high conservation significance. The LS Plan does not identify or protect Conservation Category Wetlands and associated buffers which extend from the Preston River on Lot 100. The EPA expects that the LS Plan will be modified accordingly. Recommendation The EPA generally supports the scheme amendment and has determined that the likely environmental effects are not so significant as to warrant formal assessment. However, the EPA is concerned about some aspects of the LS Plan including some which are not consistent with EPA's Environmental Protection Bulletin No. 20 and strongly recommends the LS Plan be amended to: q e o Protect the regionally significant vegetation on Lots 138 and 139 as POS or in one or two large consolidated lots with the building envelopes and access located within the areas of vegetation that has been rehabilitated post mining; Amend the lot layout for Lots 4 and 66 to reduce the area of native vegetation required to be cleared for the proposed subdivision; and Identify and protect the conservation category wetlands and their associated buffers. Shire of Capel TPS 7 Amendment 52 15 December 2014 Page 3 of 3