Central Tablelands Regional Water Security Pipeline Project – Ecological Assessment
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LEGISLATIVE FRAMEWORK AND RELEVANT GUIDELINES
3.1
Commonwealth legislation
3.1.1
Environment Protection and Biodiversity Conservation Act 1999
The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is administered by the Department of the Environment (DotE) and regulates any action that will have, or is likely to have, an impact on any Matter of National Environmental Significance (MNES). MNES relevant to biodiversity include:
wetlands of international importance (listed under the Ramsar Convention)
listed threatened species and Threatened Ecological Communities (TECs)
migratory species protected under international agreements
Commonwealth marine areas.
Pursuant to the EPBC Act, a person must not undertake any action that will have, or is likely to have, a significant impact on any MNES. According to the MNES Significant Impact Guidelines 1.1 (DotE 2013), a significant impact is an impact which is important, notable or of consequence, having regard to its context or intensity. Whether or not an action is likely to have a significant impact depends upon the sensitivity, value and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts. A significant impact is considered likely if it is real or does not have a remote chance or possibility. MNES have been considered in Section 5. A referral to the DotE is not required as part of the works, as the Project is unlikely to interfere with any wetlands of international importance nor Commonwealth marine areas, and Assessments of Significance (Appendix E) have determined that the Project is unlikely to result in significant impacts on Commonwealth listed threatened species, TECs or migratory species.
3.2
State legislation and policy
3.2.1
Environmental Planning and Assessment Act 1979
The NSW Environmental Planning and Assessment Act 1979 (EP&A Act) and the NSW Environmental Planning and Assessment Regulation 2000 provide the framework for environmental planning in NSW and include provisions to ensure that proposals which have the potential to impact the environment are subject to detailed environmental assessment. The Project is an activity being assessed under Part 5 of the EP&A Act. This ecological assessment forms part of an REF for the activity and considers the relevant factors specified in Section 111 of the EP&A Act (Table 1). This report examines the significance of likely ecological impacts of the Project and the measures required to mitigate any adverse impacts to terrestrial and aquatic ecosystems.
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DPM15013_RPTFinal.doc