In addition, this report also demonstrates how PCS has implemented the management plan for the Justice Robert Hope Park offset area on behalf of Suburban Land Agency. Declaration of Accuracy In making this declaration, I am aware that sections 490 and 491 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) make it an offence in certain circumstances to knowingly provide false or misleading information or documents. The offence is punishable on conviction by imprisonment or a fine, or both. I declare that all the information and documentation supporting this compliance report is true and correct in every particular. I am authorised to bind the approval holder to this declaration and that I have no knowledge of that authorisation being revoked at the time of making this declaration.
Compliance with conditions in EPBC Approval Decision Condition Number Condition Responsibility / Not applicable Description 1 For the better protection of listed threatened species and communities and listed migratory species, the approval holder must ensure that the deed of agreement includes the following provisions; Deed Management Compliant Deed of Agreement reflected the EPBC Act requirements. Copy available on request (may have been provided already). 1a Clearance of native vegetation on the development site must be no greater than 4.0 hectares; Deed Management Compliant Development Site is only 2.991ha (refer DP 10994). 1b As many mature trees as practicable should be retained on the development site; Deed Management Compliant Development Site DA 201528681 approved on 28 February 2016. Approved Tree Management and Protection Plan Drawing D143 Rev 8 notes trees to be retained. 1c All disturbances to Justice Robert Hope Park for the construction of the stormwater pipeline works must be contained within a 10 metre wide corridor; Deed Management Compliant Fencing Control Plan required under the Deed was provided showing a 10m corridor for works in Justice Robert Hope Park (JRHP). 1d Prior to construction, a temporary fence, including sediment prevention measures, must be erected on the Northern and Eastern perimeters of the 10 metre wide corridor for the stormwater pipeline works to separate Justice Robert Hope Park from the construction disturbance and access; Deed Management Compliant Fencing Control Plan required under the Deed was provided showing a 10m corridor for works in JRHP.
2 The approval holder must provide the department with a copy of the approved landscape plan and approved sediment control plan for the development site within seven days of each document’s approval by the ACT Government. Lonsdale 28 Pty Ltd Non-compliant Landscape plan and sediment control plan approved. Plans were not submitted within seven days. 3 To compensate for the loss of box-Gum grassy Woodland at the development site, and for the better protection of listed threatened species and communities and listed migratory species, the approval holder must develop a Justice Robert Hope Park Operational Management Plan (JRHPOMP) for the conservation and management of the Justice Robert Hope Park for the duration the impact occurs at the development site. The JRHPOMP must be submitted to the minister for approval within six months of substantial commencement at the development site. The JRHPOMP must include: Parks and Conservation Service Compliant The offset management plan was due for submission to the Department of Environment and Energy on the 29th February 2017. The Plan was submitted on 28th February 2017. The Plan remains in draft form while PCS works to develop a planning and monitoring framework for all offset sites (ie to facilitate management of MNES within offsets at a landscape (rather than site specific) perspective). 3a Details of an appropriate monitoring program to be undertaken by a suitably qualified expert, to monitor the condition of Box-Gum Grassy Woodland in Justice Robert Hope Park, including undertaking baseline surveys of condition at the date of this approval; Parks and Conservation Service Compliant Details of a monitoring program were included in the draft offset management plan. 3b Measures to maintain the condition of Justice Robert Hope Park at a standard equivalent to or better than its condition at the date of this approval (as defined in the referral documentation and condition 3a), by such means as are necessary, including but not limited to: Parks and Conservation Service Compliant Details were included in the draft offset management plan.
3b i Planting or seeding of native forbs and grasses consistent with the definition of EPBC Act listed Box-Gum grassy Woodland; Parks and Conservation Service Compliant Details were included in the draft offset management plan. 3b ii Weed management to meet statutory obligations; Parks and Conservation Service Compliant Details were included in the draft offset management plan. 3b iii Planting of trees consistent with the definition of EPBC Act listed Box-Gum Grassy Woodland; Parks and Conservation Service Compliant Details were included in the draft offset management plan. 3b iv Control of feral and domestic animals, and Parks and Conservation Service Compliant Details were included in the draft offset management plan. 3b v Control of unauthorised access, waste and pollution. Parks and Conservation Service Compliant Details were included in the draft offset management plan. 3c This condition has been removed – approved variation by the Department of Environment and Energy Not applicable Not applicable Variation approved by the Department of Environment and Energy on 6 March 2017. 3d Consultation with local park-care groups and relevant parties over the proposed implications of management outlined in the JRHOMP Parks and Conservation Service Compliant Details were included in the draft offset management plan. 3e Details of administration of funding arrangements with the relevant parties who will be responsible for managing Justice Robert Hope Park including a schedule of anticipated costs. Parks and Conservation Service Compliant Details were included in the draft offset management plan. 4 Within 20 days of substantial commencement of construction, the approval holder must advise the Department in writing of the actual date of commencement. Lonsdale Pty Ltd 28 Non-compliant The Department of Environment and Energy was formally notified of the date of substantial commencement on the 29th November 2016. The actual date of substantial commencement was the 29th August 2016.
5 The approval holder must maintain accurate records substantiating all activities associated with or relevant to the conditions of approval, and make them available upon request to the department. Such records may be subject to audit by the Department or an independent auditor in accordance with section 458 of the EPBC Act, or used to verify compliance with the conditions of approval. Summaries of audits will be posted on the Department's website. The results of audits may also be publicised through the general media. Suburban Land Agency, Deed Management and Parks and Conservation Service (within EPSDD) and Lonsdale 28 Pty Ltd Compliant Files are held by all parties responsible for compliance with the approval decision. 6 Within three months of every 12 month anniversary of substantial commencement of the action, the approval holder must publish a report on their website addressing compliance with each of the conditions of this approval, including implementation of any management plans as specified in the conditions. Documentary evidence providing proof of the date of publication and non-compliance with any of the conditions of this approval must be provided to the Department at the same time as the compliance report is published. Non-compliance with any of the conditions of this approval must be reported to the department within 10 business days of their identification. Suburban Land Agency, Deed Management and Parks and Conservation Service (within EPSDD) and Lonsdale 28 Pty Ltd Compliant This is the first report required for this development and associated offset and is published online.
7 Upon the direction of the Minister, the approval holder must, at its expense ensure that an independent audit of compliance with the conditions of approval is conducted and a report submitted to the Minister. The independent auditor must be approved by the Minister prior to the commencement of the audit. Audit criteria must be agreed to by the Minister and the audit report must address the criteria to the satisfaction of the Minister. Suburban Land Agency, Deed Management and Parks and Conservation Service (within EPSDD) and Lonsdale 28 Pty Ltd Not applicable - 8 If, at any time after five years from the date of this approval, the approval holder has not substantially commenced the action, then the approval holder must not substantially commence the action without the written approval of the minister. Suburban Land Agency, Deed Management and Parks and Conservation Service (within EPSDD) and Lonsdale 28 Pty Ltd Not applicable - Implementation of the Draft Offset Management Plan