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Question and Answer Tracking Details

7750 - Energy and Environment - DEVELOPMENTS IMPACTING WILDLIFE

Pearson, Mark to the Special Minister of State, and Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts representing the Treasurer, and Minister for Energy and Environment

(1) Regarding the Kamay Ferry Wharf proposal at La Perouse, is the Department aware of any endangered species that would be impacted by the development?

(a) If so, how is the Department ensuring their protection?

(2) Is the Department aware of the Frensham School’s proposed development at Southern Highland Shale Woodland, which is listed as critically endangered by the Commonwealth and endangered by the State of New South Wales?

(3) Given Frensham School’s proposed development would see 249 koala trees cleared along with the destruction of habitat belonging to wombats, platypus and at least 50 other species, can the Department explain:

(a) How such a project is allowed to proceed in a critically endangered ecological community?

(b) What action it intends to take?
Answer -

I am advised:

(1) The Kamay Ferry Wharf Project is State Significant Infrastructure (SSI) under Division 5.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The approval authority for the SSI application is the NSW Minister for Planning and Public Spaces. This question should therefore be referred to the Minister for Planning and Public Spaces.

(2) No. The Wingecarribee Shire Council website indicates that it is a local development and will be determined under Part 4 of the EP&A Act by council. Council is not obligated to refer the application to the Department.

(3)

(a) Part 4 local development under the EP&A Act must apply the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016 if impact thresholds are met. Local council, as the consent authority for the proposal, needs to ensure that any approval issued for the development is consistent with the legislation. It is the proponent’s responsibility to refer actions that are likely to significantly impact on matters of national environmental significance under the Environment Protection and Biodiversity Conservation Act 1999 to the Australian Government.

(b) This question should be directed to the Wingecarribee Shire Council who is the relevant consent authority.

Question asked on 8 November 2021 (session 57-1) and published in Questions & Answers Paper No. 621
Answer received on 29 November 2021 and published in Questions & Answers Paper No. 636

The Parliament of New South Wales acknowledges and respects the traditional lands of all Aboriginal people, and pays respects to all Elders past and present. We acknowledge the Gadigal people as the traditional custodians of the land on which the Parliament of New South Wales stands.