Further to our previous update on 1 November, we have received multiple enquiries on the Grass Tree Court Development, specifically regarding the original development application reports and the mapping of the remnant Glossy Black Cockatoo habitation. In addition, we have had enquiry about the Minister’s ability to issue an Interim Declaration under Section 18 of the Vegetation Management Act, due to the area being of ‘high nature conservation value’.
We have received the following updates from the Department of Environment and Science (DES).
The original assessment was over 10 years ago by the former Department of Environment and Resource Management which was a concurrence agency for both Koala protection, and vegetation clearing in relation to the proposed development at Grasstree Court site at Sunrise Beach. Due to the length of time lapsed, Department of Environment and Science (DES) is not in position to easily access records/reports related to the assessment. They may have actually been destroyed under normal document retention and destruction processes. However, the Grass Tree Court development has also been subject to a referral for assessment by the Australian Government under the Environmental Protection and Biodiversity Conservation Act 1999 and the referral decision made was that it was not a controlled action which means that significant impacts are unlikely and approval under the EPBC Act is not required. Copies of the ecological reports by Place Environmental and Gondwana Ecology Group submitted by the developers as part of this referral can be accessed via the Referrals list on the EPBC Portal (environment.gov.au) under Reference No. 2021/9059.
In relation to the Glossy Black Cockatoos inhabitants, the role of DES in this matter is to provide the underlying regional ecosystem and essential habitat mapping. This is used to inform assessments made by Councils in accordance with their planning scheme, and the biodiversity section of the State Planning Policy. Those mapping layers were appropriately considered and applied by Noosa Shire Council when issuing the relevant development approval under the Sustainable Planning Act 2009.
It is not within the jurisdiction of DES to determine if there are grounds for an appeal on the basis of erroneous mapping. In addition, essential habitat mapping is subject to an annual review based on updated satellite imagery and on-ground vegetation assessments. The concurrence agency assessment related to any clearing of regulated vegetation associated with the development at Grasstree Court site would have been based on the versions of vegetation mapping that were current at that time. Any subsequent changes or refinement of the vegetation mapping for that area cannot be applied retrospectively to the previous assessment. The original development approval included extensive conditions related to the replanting and the protection of feed trees for the Glossy Black Cockatoo. As per the approval, those conditions were imposed by the Council.
Regarding the Minister’s ability to issue an Interim Declaration under Section 18 of the Vegetation Management Act, this particular act is not under the Minister for Environment but the Minister for Resources who we have contacted and as this is a previously unused power, we are waiting on an a full brief from department.