Document ID: chunk:federal_register_of_legislation:F2013C00288:reg:3:p7
Version: federal_register_of_legislation:F2013C00288
Segment Type: reg
Provision Reference: reg 3 (pt 7/9)
Character Range: 1168800–1171801

* native flora and fauna
    * introduced flora and fauna
    * transitory or permanent wildlife.
Hereafter, the above list of protected organisms will be referred to as 'species and supporting ecological processes'.

The level of protection provided to species and supporting ecological processes varies depending on the land use and whether the contaminant in question biomagnifies. Differing levels of protection are provided by protecting differing percentages of species and supporting ecological processes (see Table 1).

By using SSD methods to derive the EILs and having different levels of protection for different land uses, it is assumed that not every individual organism or species can be or needs to be protected.

Due to the fact that the concentration of biomagnifying chemicals increases as food webs are ascended (for example, higher trophic level organisms such as eagles have higher tissue concentrations than lower trophic organisms such as algae), a high level of protection is warranted for such chemicals. Refer to section 2.3.2 of Schedule B5b for further information about biomagnification. The levels of protection provided for biomagnifying chemicals in the three land uses are presented in Table 1.
Table 1. Percentage of species and soil processes to be protected for different land uses depending on whether the contaminant is classed as a non-biomagnifying or biomagnifying chemical.
Land use                                  Standard % protection  Biomagnificationa % protection
Areas of ecological significance          99                     99
Urban residential  and public open space  80                     85b
Commercial and industrial                 60                     65c

a if a contaminant has a logarithm of the octanolwater partition coefficient (Kow) of equal to or greater than 4.  Refer to glossary for Kow and biomagnification.
b if surface area exceeds 250 m2
c if surface area exceeds 1000 m2

As the types of organisms being protected by the EILs do not change, irrespective of the land use, they are based on a generic set of ecological values. Generic ecological values are conservative in that they protect all biota considered of value within the land use regardless of whether or not they occur at the contaminated site. It is also possible to derive generic ecological values for biota that inhabit a state, region or local area regardless of land use.

EILs have been developed for three land uses: areas of ecological significance, urban residential and public open space, and commercial and industrial. The land uses are defined below:

An area of ecological significance is one where the planning provisions or land use designation is for the primary intention of conserving and protecting the natural environment. This would include national parks, state parks, and wilderness areas and designated conservation areas. These reserves are generally considered to be of high ecological value and quality and worthy of maintaining at as