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SMK CONSULTANTS surveying – irrigation – environmental – planning

Bugilbone Road

REVIEW OF ENVIRONMENTAL FACTORS

Walgett Shire Council

77 Fox Street, Walgett NSW 2832

December 2017

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SMK CONSULTANTS surveying – irrigation – environmental – planning

ABN 63 061 919 003

iii

SMK CONSULTANTS surveying – irrigation – environmental - planning

ABN 63 061 919 003

Bugilbone Road

REVIEW OF ENVIRONMENTAL FACTORS

Walgett Shire Council

77 Fox Street, Walgett, NSW 2832

Prepared by: SMK Consultants

39 Frome Street, Moree, NSW 2400

December 2017

39 Frome Street PO Box 774

Moree NSW 2400 Ph 02 6752 1021

Fax 02 6752 5070

[email protected]

Other offices: Goondiwindi, Miles,

Gatton, Brisbane

www.smk.com.au

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DOCUMENT CONTROL

Project Name Review of Environmental Factors

Proponent Walgett Shire Council

Project Reference 17/292

Report Number 17/292 - Review of Environmental Factors

Prepared for

Walgett Shire Council 77 Fox Street Walgett NSW 2832 Ph: 02 6828 1399 [email protected]

Approved by

Name: _________________________________

Signature: _________________________________

Position & Date _______________________________________

Author

Name Natasha Livingstone BSc. (Hons)

Position Environment & Resource Consultant Company SMK Consultants

Reviewed By

Peter Taylor

Name Peter Taylor BSc MEIANZ CIAg LAA

Position Environment & Resource Consultant Company SMK Consultants

Revision History

Version Number Date Authority Details

0 December 2017 Peter Taylor

(SMK Consultants) Draft

1 December 2017 Peter Taylor Final report for

Council approval.

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EXECUTIVE SUMMARY

This Review of Environmental Factors (REF) has been prepared by SMK Consultants on behalf

of the Walgett Shire Council (“the Applicant”) to support the upgrade of 25km of Bugilbone

Road (SR103). The upgrade would improve the connectivity and safety of the road network

within the region.

Applicant: Walgett Shire Council

77 Fox Street

Walgett, NSW 2832

Local Government Authority: Walgett Shire Council

Development Type: Local Development

Development Description: Upgrade of 25km of Road on Bugilbone Road (SR103)

Approvals and Licences

The development is considered as exempt from requiring development consent under the

Walgett Local Environment Plan 2013 and the Environmental Planning and Assessment Act

1979 (EP&A Act).

However, an assessment of the environmental impacts of the development is required

under Part 5 of the EP&A Act. This REF satisfies these requirements. The REF incorporates

an assessment of any other statutory approvals of Licence requirements for the proposal.

The Proposed Development

The proposed development involves bitumen sealing of approximately 25km of Bugilbone

Road, between Pilliga and Burren Junction. Some small sections have been sealed for bridges

at present. The remaining 25 km is unsealed road. The work will involve reconstruction of the

subgrade and pavement surface to allow bitumen seal construction that will support local

rural traffic.

Objectives of the Development

The objective of the development is to improve the quality of Bugilbone Road, such that the

road may be able to function as an all-weather arterial traffic route through the region for

all vehicles travelling. Currently, a significant proportion of traffic avoids Bugilbone Road due

to the poor quality of the road, taking long detours to travel between the townships of

Burren Junction and Pilliga. The proposed upgrade will enable the road to accommodate

heavy vehicle traffic. Therefore, the proposed development will improve the connectivity of

the Shire road network. The upgrade will subsequently support economic and social

development within the region, improving efficiency of freight transport networks and

improving the region’s accessibility.

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TABLE OF CONTENTS

1 Introduction .............................................................................................................. 1

1.1 Project Name ..................................................................................................... 1

1.2 Project Summary ............................................................................................... 1

1.3 Context of Review ............................................................................................. 2

1.4 Aims and Objectives .......................................................................................... 2

1.5 Background ....................................................................................................... 2

2 Site Analysis .............................................................................................................. 5

2.1 Project Location ................................................................................................. 5

2.2 Local Government Area ..................................................................................... 5

2.3 Proponent ......................................................................................................... 5

2.4 Topography ....................................................................................................... 5

2.5 Geology ............................................................................................................. 6

2.6 Soils .................................................................................................................. 8

2.7 Vegetation......................................................................................................... 9

2.7.1 Desktop Vegetation Assessment ........................................................................... 9

2.7.2 Site Visit Vegetation Assessment ......................................................................... 10

2.8 Meteorological and Climatic Data .................................................................... 13

2.8.1 Temperature ........................................................................................................ 14

2.8.2 Rainfall, Evaporation and Humidity ..................................................................... 14

2.8.3 Wind ..................................................................................................................... 15

2.9 Site Suitability ................................................................................................. 16

3 Project Description .................................................................................................. 17

3.1 Scope of Works ................................................................................................ 17

3.2 Development Schedule .................................................................................... 20

3.3 Capital Investment .......................................................................................... 20

4 Statutory Matters ................................................................................................... 20

4.1 Commonwealth Legislation .............................................................................. 21

4.1.1 Environment Protection and Biodiversity Conservation Act 1999 ...................... 21

4.2 State Legislation and Planning Policies ............................................................. 21

4.2.1 Environment Planning and Assessment Act 1979 ............................................... 21

4.2.2 Biodiversity Conservation Act 2016 ..................................................................... 22

4.2.3 National Parks and Wildlife Act 1974 .................................................................. 22

4.2.4 Water Management Act 2000 ............................................................................. 24

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4.2.5 Fisheries Management Act 1994 ......................................................................... 24

4.2.6 Crown Lands Act 1989 ......................................................................................... 25

4.2.7 Local Land Services Act 2013 ............................................................................... 26

4.2.8 Wilderness Act 1987 ............................................................................................ 26

4.2.9 Noxious Weeds Act 1993 ..................................................................................... 26

4.2.10 Protection of the Environmental Operations Act 1997 ....................................... 27

4.2.11 Work Health and Safety Act 2011 ........................................................................ 28

4.2.12 State Environmental Planning Policy – Infrastructure (ISEPP) ............................ 28

4.2.13 State Environmental Planning Policy No. 44 – Koala Habitat Protection ............ 28

4.2.14 State Environmental Planning Policy No. 55 – Remediation of Land .................. 29

4.3 Far West Regional Plan .................................................................................... 30

4.4 Local Planning Instruments .............................................................................. 30

4.4.1 Walgett Local Environmental Plan 2013 .............................................................. 30

4.4.2 Development Control Plan ................................................................................... 31

4.4.3 Development Contribution Plan .......................................................................... 31

4.4.4 Walgett Shire Council Community Strategic Plan 2017-2027 ............................. 31

4.5 Draft planning instruments .............................................................................. 31

4.6 Approvals required from State Agencies and Conditions that apply to the proposal 31

5 Impact Assessment ................................................................................................. 31

5.1 Matters for Consideration ................................................................................ 31

5.1.1 Air Quality ............................................................................................................ 31

5.1.2 Water Quality ....................................................................................................... 32

5.1.3 Flood Hazard ........................................................................................................ 33

5.1.4 Soils ...................................................................................................................... 34

5.1.5 Noise .................................................................................................................... 35

5.1.6 Flora and Fauna .................................................................................................... 35

5.1.7 Land Use ............................................................................................................... 36

5.1.8 Contaminated Land .............................................................................................. 36

5.1.9 Waste Minimisation and Management ............................................................... 36

5.1.10 Chemical and Hazardous Substance Management ............................................. 37

5.1.11 Visual Assessment ................................................................................................ 37

5.1.12 Heritage ................................................................................................................ 37

5.1.13 Cumulative Environmental Impacts ..................................................................... 42

6 Summary of Mitigation Measures ........................................................................... 42

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6.1.1 Reliability of Proposed Mitigation Measures ...................................................... 46

7 Justification for the Project ..................................................................................... 47

7.1 Capacity to Achieve Proposal Objectives .......................................................... 47

7.2 Economic Impacts ............................................................................................ 47

7.3 Social Impacts .................................................................................................. 48

7.4 Environmental Impacts .................................................................................... 49

7.5 Assessment of Alternative Outcomes ............................................................... 49

7.5.1 Alternative Route Upgrades ................................................................................ 49

7.5.2 ‘Do Nothing’ Approach ........................................................................................ 50

7.6 Summary ......................................................................................................... 50

8 Conclusion .............................................................................................................. 50

9 References .............................................................................................................. 52

Appendix 1 – Matters of National Environmental Significance Assessment ...................... 53

Appendix 2 – Five Part Assessment ................................................................................. 54

Appendix 3 – AHIMs Search Results ................................................................................ 55

Bugilbone Road Upgrade Review of Environmental Factors

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1 Introduction SMK Consultants have been engaged by the proponent, Walgett Shire Council, to prepare this

Review of Environmental Factors (REF).

The proposal is to improve the connectivity of the regional road network. Currently, as a

result of the poor condition of Bugilbone Road, a significant proportion of traffic travelling

between the townships of Burren Junction and Pilliga take detours via Wee Waa due to the

condition of the road. The proposed upgrade will ensure that Bugilbone Road will be suitable

to accommodate northbound and southbound traffic within the region, including road trains.

By improving the connectivity of the regional road network, the development will produce

social and economic benefits, by improving efficiency of freight networks within the region,

and by improving the connectivity and accessibility of local townships.

This REF presents details of the development, assesses the existing natural and social

environments, describes the potential impacts on the environment, and presents safeguards

to minimise and/or remove identified impacts. It is prepared in accordance with Part 5 of the

Environmental Planning and Assessment Act 1979 (EP&A Act) and includes a consideration of

Clause 228 of the Environmental Planning and Assessment Regulation 2000.

Any findings of the REF would be considered when assessing:

• Whether the proposal is likely to have any significant impact on the environment and

therefore the necessity for an EIS under Section 112 of the EP&A Act; and

• The significance of any impact on threatened species as defined by the Biodiversity

Conservation Act 2016.

The persons involved in the preparation of this REF and its appendices are:

• Natasha Livingstone B.Sc. (Hons)

• Peter Taylor B.Sc. MEIANZ CIAg

1.1 Project Name The project is the Bugilbone Road Upgrade, hereafter referred to as ‘the upgrade’.

1.2 Project Summary The proposal which is the subject of this REF is the upgrade of Bugilbone Road, a road which

links the townships of Pilliga and Burren Junction, and which has the capacity to function as a

key arterial transport route within the wider region.

The majority of Bugilbone Road is currently unsealed gravel and dirt road. The proposed

upgrade will consist of construction of approximately 25km of bitumen sealed road, in


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addition to maintaining/upgrading existing causeways and culverts which service the existing

road.

1.3 Context of Review This Review of Environmental Factors (REF) provides an assessment of the potential

environmental impacts associated with the proposed construction of Bugilbone Road. The

appropriate determining authority for the development is Walgett Shire Council (WSC).

Funding has been provided under the Fixing Country Roads Program, which is a State initiative

to eliminate connectivity constraints on local roads and reduce the cost to market for local

businesses. The Proponent has also contributed funding to the project. The funding includes

an allowance for an environmental assessment of the proposal.

This REF has been prepared in accordance with Part 5, Section 111 of the EP&A Act and

considers factors outlined in Section 228 of the Environmental Planning and Assessment

Regulation 2000.

The intent of this REF is to examine the likely impacts of the proposed road construction on

the environment and to determine whether these impacts are significant.

1.4 Aims and Objectives The proposal aims to improve the connectivity of the existing road network, to improve the

efficiency for the freight industry operating within the region and to improve the accessibility

of regional townships.

To achieve this, the development will involve the upgrade of approximately 25km of

Bugilbone Road, such that the road will be suitable to accommodate heavy vehicle traffic

including road trains.

1.5 Background The region serviced by Bugilbone Road is a highly productive agricultural region, which

supports agricultural and grazing land. The majority of heavy vehicle traffic anticipated to

utilise Bugilbone Road following completion of the upgrade is associated with agricultural

enterprises, including harvest-related traffic.

The 25 km of road to be upgraded consists of mainly gravel road with some sections where

the natural soil is exposed. The road is not considered as an all weather road.

Bugilbone Road is zoned by the RMS as an ‘Approved Area with Travel Conditions’ for the

movement of road trains, meaning that road trains are legally permitted to travel on the road


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in its current form. However, as Bugilbone Road is currently in poor condition, the road is not

recognised by the RMS as a key transport route for heavy vehicles such as road trains (Figure

1). Further, as a result of the condition of Bugilbone Road, a significant proportion of

northbound/southbound heavy vehicles travelling through the region voluntarily undertake

extensive detours via Wee Waa to reach their destinations, adding 70km onto each trip. This

limits the efficiency of business operations in the wider region, decreasing profitability and

therefore leading to adverse regional economic and social outcomes.

Improvement of the condition of Bugilbone Road will enable faster and more efficient travel

through the region, decreasing operating costs of freight industries. The upgrade will also

decrease traffic volumes on surrounding roads in the region (such as Pilliga Road and the

Kamilaroi Highway), as northbound/southbound heavy vehicles travelling through the region

will no longer be required to undertake detours via Wee Waa.

The proposed development also has the potential to improve the safety of the road network

within the region. Driver fatigue is one of the leading causes of major accidents on NSW roads.

Poor road conditions on Bugilbone Road currently encourages northbound and southbound

vehicles, including freight traffic which typically travels long distances, to take detours to

reach their destinations safely. This increases the travel time of vehicles in the region, which

in turn increases the risk of driver fatigue. Improvement of Bugilbone Road would therefore

improve overall road safety by decreasing the risk of driver fatigue.

Finally, upgrading of Bugilbone Road would improve the accessibility of the region. This is

considered to benefit regional communities such as Pilliga and Burren Junction, for which

distance is often a key consideration and barrier in accessing services within the wider area.

This may increase the attractiveness of the region as a place of residence.

Improved accessibility also has the potential to boost the regional tourism industry by

improving regional links between key tourist destinations of the north west such as the Pilliga

region and Lightning Ridge. Improved tourism has the potential to generate additional

employment within the region, and to promote Walgett Shire’s image as a vibrant and inviting

destination for future visitors and residents.

Therefore, the proposed upgrade has the potential to significantly improve business

profitability, road safety and regional accessibility in the region surrounding the townships of

Pilliga and Burren Junction. The upgrade is considered an efficient mechanism to achieve

these outcomes as it would only require a comparatively small investment in a single location

to enable these goals to be realised over a large area.


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Figure 1: Road Train (Type 1 A-double) Network Surrounding Bugilbone Road (Source: RMS 2017)


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2 Site Analysis

2.1 Project Location Bugilbone Road is located between the townships of Pilliga and Burren Junction,

approximately 80km east of Walgett. Figure 2 presents a locality plan of the road.

Figure 2: Location of the Bugilbone Road Upgrade

2.2 Local Government Area The project is located within the Walgett Shire Local Government area.

2.3 Proponent The proponent is the Walgett Shire Council.

2.4 Topography The proposed development is located on the alluvial plains of the Namoi River. The road

traverses a predominantly flat open plain which includes the floodplain of the Namoi River.

The immediate locality surrounding Bugilbone Road is located at approximately 150m ASL.

The site topography ranges from flat to gently undulating. Figure 3 provides cross-sectional

topographic profiles of the landscape surrounding Bugilbone Road. Each profile represents

the topography of the landscape 10km from the Bugilbone Homestead (adjacent to the

Bugilbone Road crossing of the Namoi River).


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Figure 3: Topographical Cross-Sections of Terrain Near Bugilbone Road

2.5 Geology Bugilbone Road is located within the Namoi subregion of NSW. The Namoi subregion spans

approximately 29,300 square kilometres, and includes the regional towns of Gunnedah,

Narrabri, Quirindi, Walgett, Werris Creek and Wee Waa. The landscape is characterised by

highlands in the east, which give way to broad floodplains in the west.

The Namoi subregion is comprised of two geological basins, the Gunnedah Basin and the Surat

Basin. The basins are sedimentary in origin, dating approximately 80 to 300 million years ago.

These deposits range from Paleozoic deposits of the Gunnedah sequence in the east and

Mesozoic deposits of the Surat sequence to the west (Figure 4). These deposits overlie Middle

Paleozoic rocks of the Lachlan Fold Belt (Figure 5).

The subject site is primarily located atop of Quaternary alluvial deposits, yet also intercepts

Cainozoic sandy deposits (Figure 6; Table 1).


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Figure 4: Geological Features of the Namoi Subregion. Source: Australian Government, 2016

Figure 5: Schematic East-West Cross-Section of Geological Features of the Namoi Subregion. Source: Australian Government, 2016


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Figure 6: Geology of the Subject Site. Legend is presented in Table 1. Source: NSW Geological Survey

Table 1: Geology of the Subject Site Legend. Source: NSW Geological Survey Abbreviation Name Age Description

Qa Quaternary Alluvial Deposits

0 to 2.5 MYA

Current and recent mud, silt, sand and gravel deposited by river (alluvial) systems.

Qc Quaternary Colluvial Deposits

0 to 2.5 MYA

Colluvial deposits are unconsolidated sediments that are found downslope from hills. They form by erosion of hills and by creep or sheetwash.

Czs Cainozoic Sedimentary 0 to 66 MYA

Unconsolidated mud, silt, sand and gravel of an uncertain age and origin.

Czi Cainozoic Silicrete & Silicified Sediments

0 to 66 MYA

Silicrete is a type of duricrust, formed when surficial silt, sand and gravel are cemented by dissolved silica. Silicrete formed during periods of hot and humid climate. Silicrete can be in different forms, ranging from amorphous, smooth masses to pipe-like features.

Ks Cretaceous Sedimentary Rocks

66 to 145 MYA

Sandstone, calcareous sandstone, siltstone and shale. The depositional environment for these rocks was typically shallow marine.

2.6 Soils The region is well-known for its rich, fertile soils. Soils are dominated by silty to sandy,

moderately reactive clays, interspersed with occasional sand outcrops. No rock outcrops

occur within the footprint of the proposed development.


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2.7 Vegetation

2.7.1 Desktop Vegetation Assessment

The Mitchell Landscapes database, used by the NSW Government for a variety of purposes

including landscape assessment and determination of over-cleared landscapes, has been

assessed with regard to the landscape features present within the region. The database

indicates that Bugilbone Road intercepts three landscape classes: Namoi Alluvial Plains,

Namoi Aeolian Sands and Namoi Channels and Floodplains. Mapping of the distribution of

these landscape features is presented in Figure 7; descriptions of these classes are presented

in Box 1.

Figure 7: Landscape Classes Near Bugilbone Road


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Box 1: Landscape Descriptions; Excerpt from NSW (Mitchell) Landscapes 2002

2.7.2 Site Visit Vegetation Assessment

Site inspections were undertaken in November 2017. The inspections confirmed the spatial

distribution of vegetation communities indicated in Figure 7. Mapping of the approximate

distribution of vegetation assemblages identified during the inspection is outlined in Figure 8.

Descriptions of mapped vegetation communities are presented in Table 2.


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Figure 8: Vegetation Communities Identified During Site Visit


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Table 2: Identified Vegetation Communities Description Community Description

Cleared Plain

With

Occasional

Scattered

Trees

Key Species Identified: Mimosa (Mimosa pigra), Rolypoly (Salsola australis), Galvanised

Burr (Sclerolaena birchii), with occasional Coolibah (Eucalyptus coolabah), Weeping Myall

(Acacia pendula), Wilga (Geijera parviflora), Wild Orange (Capparis mitchellii) and White

Wood (Atalaya hemiglauca)

Community Disturbance: Groundcover denuded by heavy grazing.

Soil Type: Clay

Side Track Construction Considerations: Side track may be constructed across cleared

plain. No clearing required.

Dense Cypress

Pine/Box

Woodland

Key Species Identified: White Cypress Pine (Callitris collumelaris), Box (Eucalyptus spp.),

Wild Orange (Capparis mitchellii), Nepine (Capparis lasiantha), Wilga (Geijera parviflora),

Acacia spp. with grassy groundcover

Community Disturbance: Remnant vegetation. Disturbance varies from moderate degree

of disturbance associated with historical selective tree removal, to undisturbed.

Soil Type: Sand

Side Track Construction Considerations: Construction of a side track may require

vegetation clearing. It is therefore recommended that alternate construction

methodologies be adopted. Further detail is provided in Section 3.1.

Open Coolibah

Woodland

Key Species Identified: Coolibah (Eucalyptus coolabah), River Cooba (Acacia stenophylla),

Weeping Myall (Acacia pendula), Lignum (Duma spp.), Rolypoly (Salsola australis),

Galvanised Burr (Sclerolaena birchii), Saltbush (Atriplex spp.), Wild Turnip (Brassica rapa),

Cat’s Head (Tribulus terrestris), Beefwood (Grevillea striata), with occasional Belah

(Casuarina cristata), Prickly Pear (Opuntia stricta), Tiger Pear (Optunia aurantiaca), Nardoo

(Marsilea drummondii)

Community Disturbance: Moderately disturbed. Groundcover denuded by grazing.

Soil Type: Clay

Side Track Construction Considerations: Open nature of vegetation community means side

track may be constructed which avoids impacting trees. No vegetation clearing will

therefore be required to construct side track. In some locations, side tracks already exist

from previous construction works.

Box Woodland Key Species Identified: Box (Eucalyptus spp.), Galvanised Burr (Sclerolaena birchii),

Boxthorn (Lycium ferocissimum), Saltbush (Atriplex spp.), Calotis spp., Beefwood (Grevillea

striata), with occasional Prickly Pear (Opuntia stricta)

Community Disturbance: Strongly disturbed by grazing. Evidence of previous tree clearing

indicates community would once have supported Cypress Pine, which have since been

removed for timber utilisation.

Soil Type: Clay loam

Side Track Construction Considerations: The width of the road corridor and nature of

vegetation community means side track may be constructed which avoids impacting trees.

No vegetation clearing will therefore be required to construct side track.

Box/Cypress

Pine

Woodland

Key Species Identified: Box (Eucalyptus spp.), White Cypress Pine (Callitris collumelaris),

False Sandalwood (Eremophila mitchellii), Wilga (Geijera parviflora), Beefwood (Grevillea

striata), Galvanised Burr (Sclerolaena birchii), Saltbush (Atriplex spp.)

Community Disturbance: Moderately disturbed by grazing.

Soil Type: Clay loam.


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Community Description

Side Track Construction Considerations: An existing side track is present, which would have

been associated with previous construction and/or maintenance of the road. No clearing

will be required.

Riparian Zone:

Coolibah/River

Red Gum

Key Species Identified: Coolibah (Eucalyptus coolabah), River Red Gum (Eucalyptus

camaldulensis), River Cooba (Acacia stenophylla), Rushes (species unknown).

Community Disturbance: Moderately disturbed in association with access tracks along the

river and the existing bridge.

Soil Type: Clay.

Side Track Construction Considerations: No side track will be required. Bugilbone Road is

sealed in proximity to the Namoi River, and therefore no construction works will take place

in association with this community. Water trucks associated with construction may utilise

the existing access to the river to extract water for construction purposes.

Weeping Myall

Endangered

Ecological

Community

Key Species Identified: Weeping Myall (Acacia pendula)

Community Disturbance: Isolated tree stand, moderately disturbed by grazing.

Soil Type: Clay

Side Track Construction Considerations: This woodland is primarily located on the eastern

side of Bugilbone Road. Scattered Weeping Myall individuals are also located on the

western side. It is recommended any side tracks associated with construction are located

to the west of the road at this location, to minimise the risk of impacting upon this

community. The side track should be constructed to ensure that no trees are cleared or

damaged at this site.

Overall, across all vegetation communities, mature trees are present in varying degrees of

density. On average, mature coolibah trees contained 2-4 large tree hollows (600mm average

diameter), whilst mature belah trees contained an average of one tree hollow. Many of the

tree hollows appeared to be well-used. There would be significant seasonal variability in

hollow occupation, based on available surface water. Many species would utilise the region

in wet periods and then migrate in extended dry periods if possible.

Whilst the inspection was not intended as a detailed fauna survey, incidental fauna sightings

occurred. Species sighted included a juvenile sand goanna, in addition to a range of common

birds including cockatoos, hawks and galahs. Tracks indicating the presence of kangaroos

were also recorded. Fauna sightings serve to indicate that the habitat of the subject site is

utilised by a range of native species. Many of these species are nocturnal.

2.8 Meteorological and Climatic Data The region has a semi-arid climate, with hot summers and cool winters. The climate is influenced predominantly by geographical features such as elevation, latitude and distance from the coast. The weather data presented in this report has been obtained from the following Bureau of Meteorology (BOM) Weather Stations:

• Baradine Forestry (Site No. 53002) sourced for Temperature

• Pilliga Post Office (Site No. 52023) sourced for Rainfall


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• Walgett Airport AWS (Site No. 052088) sourced for Wind

Evaporation data was sourced from Green et al (2011), who published an overview of the Namoi Catchment in 2011 on behalf of NSW Office of Water.

2.8.1 Temperature The site experiences considerable seasonal and diurnal temperature variability, with recorded temperatures ranging between 45°C and -6.9°C. The closest BOM recording station providing reliable datasets for temperature is Baradine Forestry, located approximately 66km south east of the township of Pilliga. Table 3 summarises the available temperature data.

Table 3: Temperature Statistics (°C) – Baradine Forestry (1944 – 2012) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Mean Maximum

33.5 32.3 30.3 25.9 21.1 17.5 16.7 18.5 22.1 26.2 29.5 32.4

Mean Minimum

18.4 18.3 15.3 10.2 6.4 3.6 2.2 3.0 6.0 9.8 13.4 16.3

Highest Daily Maximum

45.0 43.6 40.0 37.2 36.6 25.6 26.1 34.4 34.8 40.7 43.3 43.9

Highest Daily Minimum

28.0 28.4 25.1 20.5 17.8 17.8 15.4 15.8 22.1 21.1 25.1 31.1

Lowest Daily Maximum

17.6 16.8 19.0 13.8 10.0 7.8 6.0 9.0 9.8 14.4 16.2 18.5

Lowest Daily Minimum

7.0 6.4 4.5 -0.2 -4.0 -6.9 -6.1 -5.6 -3.6 -0.5 3.5 3.6

2.8.2 Rainfall, Evaporation and Humidity The closest BOM recording station providing reliable datasets for rainfall is the Pilliga Post Office, which provides records from 1883-2017. Table 4 provides a summary of the rainfall data recorded at the site. The average annual rainfall for the site is 402 mm. Monthly rainfall averages indicate that greater rainfall occurs in summer, yet with high variability. Winter rain patterns exhibit less variability and are therefore considered to be more reliable.

Table 4: Rainfall Statistics (mm) – Pilliga Post Office (1883-2017)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

Mean 72.7 63.0 46.4 34.8 41.7 41.4 38.0 32.9 32.7 43.5 50.4 57.8 554.3

Lowest 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 209.3

5th %ile

5.2 2.0 0.0 0.0 0.0 2.6 0.6 0.2 0.2 2.9 4.6 1.9 290.8

10th %ile

9.2 5.6 1.8 0.0 1.1 5.4 2.8 2.7 2.0 5.9 8.8 6.7 327.3

Median 53.6 36.7 32.5 17.8 30.7 32.2 27.5 22.8 23.5 36.8 34.7 45.7 552.1


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Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

90th %ile

166.7 157.9 105.3 85.9 105.2 85.4 76.2 80.8 75.1 82.0 109.8 137.0 789.1

95th %ile

206.1 189.1 137.8 107.3 112.7 101.1 105.7 95.7 99.5 97.0 127.2 191.0 861.6

Highest 292.2 304.8 197.1 230.1 228.8 198.2 195.3 147.8 115.6 229.1 244.5 241.2 1424.4

The area experiences high evaporation rates (Figure 9) of approximately 1900mm/annum. Given that annual average rainfall in the region equates to 554.3mm/annum, the locality has an overall average annual moisture deficit of >1000mm, or 10 ML/ha/year. Evaporation rates vary considerably in the region between summer and winter; for instance, pan evaporation at Gunnedah varies from 2mm/day in mid-winter to 8mm/day in mid-summer (Green et al 2011). Relative humidity is also generally higher during winter than summer.

Figure 9: Annual Average Evaporation of the Namoi Catchment (Green et al 2011)

2.8.3 Wind The following information on wind speed and direction (Figure 10; Table 5) has been based

on the BoM information for Walgett Airport AWS, which is the closest recording station to

the subject site that could provide comprehensive datasets. The average wind speed and

direction for the area varies according to the season and time of day. Overall the wind roses

indicate normal wind conditions with no individual wind direction occurring greater than 60%


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of the time. The winds in the region are moderate (typically ≤30km/hr), whilst the prevailing

wind direction at 9am and 3pm is dominated by winds blowing from the north-east and south-

west respectively.

Figure 10: Wind Roses, Walgett Airport AWS (1993-2017), 9am and 3pm Observations

Table 5: Mean Wind Speed (km/h) – Walgett Airport AWS (1993-2017) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

9am (km/h) 18.7 16.7 15.6 14.6 11.6 11.1 10.9 13.3 15.7 17.4 18.1 18.3

3pm (km/h) 15.3 14.6 14.1 14.0 13.4 13.6 14.2 15.8 16.4 16.9 17.3 16.5

2.9 Site Suitability The proposal involves the upgrade of an existing road. Road width and formation height will

remain similar. Table drains on either side of the road are to be improved and therefore

reduce some local ponding caused by the existing road which is generally perpendicular to

the fall of the land.

The works will require construction of some temporary side tracks to allow continued traffic

movement. Many of these tracks were developed when the original road was upgraded to a

gravel road and during more intensive road maintenance programs. Some minor clearing of

regrowth would be anticipated where this regrowth has extended into table drain and road

side areas. No clearing of mature/remnant vegetation is anticipated.


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The proposal will require some mitigation measures to ensure the upgrade will not

significantly impact upon the amenity, environmental and heritage values of the surrounding

region. The proposal will not result in noise, dust, or odour emissions that will have a

significant adverse aesthetic impact on adjoining sites.

The road reserve and surrounding area contains some archaeological sites. Sites located in

the road side verge will need to be clearly identified during construction works to ensure that

they remain undisturbed during construction.

The road has been in existence for an extensive period. The road is considered a significant

local infrastructure asset and therefore a review of “site suitability” can be considered a low

priority for these existing works.

3 Project Description

3.1 Scope of Works Construction will involve redevelopment of the existing pavement, additions of gravel

material as required and sealing of the final pavement surface. Council intends to retain the

current centre line level of the road where possible. Causeways and culverts which currently

exist on site will be maintained or replaced on an as required basis. Minor clearing of regrowth

vegetation which has grown in the table drains of the existing road will be required in some

short sections.

The work program will involve redevelopment of the existing subgrade material using the

existing road materials. Additional gravel will be hauled to the road to construct a base course

for the bitumen. Once this base course is compacted to profile, a bitumen seal will be applied.

Some minor gravel pits are located within the area. Higher quality gravels from the region

would be needed for a higher strength base course material.

The initial work will be undertaken by graders, water trucks and rollers. The gravel will be

hauled by road trains. The bitumen will be applied using specialised equipment over a several

days.

Side tracks will be established along the majority of the length of the upgrade, to permit

passage of traffic during the construction period. In some locations, side tracks already exist

(associated with previous construction/maintenance works). Existing side tracks will be used

where possible to minimise the extent of the impact of the development. Construction of new

side tracks will not involve vegetation clearing, as tracks will be located to avoid impacting

existing trees within the region.


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It will not be possible to establish side tracks without undertaking clearing of vegetation along

a length of approximately 1km, at the point at which Bugilbone Road passes through a region

of dense White Cypress Pine/Box woodland, north of Marlbone road. In this section, it is

recommended that alternate construction measures be adopted to undertake the upgrade

(such as upgrading of one lane of the road at a time, with a portable traffic light in place to

enable safe passage of traffic).

Bugilbone Road is already sealed in proximity to the Namoi River and Turragulla Creek. Each

of these watercourses is traversed by an existing bridge, which will not require additional

upgrades to support traffic on Bugilbone Road. Therefore, these areas will not require

construction works to be undertaken in association with sealing of the road surface.

A total of eleven (11) culverts and fourteen (14) causeways with no associated culverts have

been identified by Council in the section of road to be bitumen sealed. Of the eleven culverts,

eight (8) of these are either wholly or partially blocked or damaged and require repair. Repairs

of these culverts will be undertaken as part of the proposed development.

The locations of causeways and culverts along Bugilbone Road are indicated in (Figure 11). It

is noted that a number of culverts requiring repair occur along sections of existing sealed

road, and therefore some construction work will occur in association with these sections. No

damaged culverts are located within 100m of the Namoi River (Figure 12), and therefore no

construction works will be undertaken within the riparian zone of the river.


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Figure 11: Locations of Causeways and Culverts, Bugilbone Road

Figure 12: Location of Causeways and Culverts Near Namoi River Crossing, Bugilbone Road

The road crosses two watercourses, mainly the Namoi River and Turragulla Creek. No work is required for these sections as they are bitumen sealed and include bridges.

The road does not cross any other designated watercourses other than prior bore drains. The definition of a watercourse adopted is a “blue line on a topographic map published by NSW Lands department.” The proposed works will therefore not involve work within an aquatic ecosystem where “fish passage” needs to be assessed. The development extends across a floodplain area.

Water will be extracted from the Namoi River to support construction works, subject to

availability. Water extraction will occur using a water truck, which will utilise an existing site

access to the river bank (Figure 13).

The upgrade has the potential to increase the risk of weed proliferation and erosion along

Bugilbone Road. As such, the proposed upgrade will be complemented by an Erosion and

Sediment Control Plan, detailing mitigation measures to minimise the environmental risk

associated with the development. Such works would include sediment fencing around

shallow local depressions and site remediation of disturbed areas at the completion of the

works. Follow up protocols would include weed management in any disturbed areas.


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Figure 13: Existing Water Truck Access to Namoi River

3.2 Development Schedule Walgett Shire Council expect to complete construction within approximately 24-months once

relevant approvals are issued and finance is available.

3.3 Capital Investment The proposed development is expected to require a capital investment of $6.25 million. The

Restart NSW fund is contributing $5.44 million. Additional funding has been secured from the

Walgett Shire Council, including $10,000 from GrainCorp and $800,000 from other local

contributors.

4 Statutory Matters This section gives a brief contextual outline of relevant NSW and Commonwealth legislation

and reports on:

a) the likely impact of the proposed works on the biophysical environment;

b) whether any actions are required to ensure the project complies with relevant

legislation; and

Namoi River

Existing Access

Namoi River Bridge


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c) information gathered and research conducted to determine both of the above

points.

4.1 Commonwealth Legislation

4.1.1 Environment Protection and Biodiversity Conservation Act 1999 The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a

requirement for an environmental assessment and approval process for actions that are likely

to have a significant impact on Matters of National Environmental Significance or on the

environment on Commonwealth land.

A search was undertaken using the EPBC Protected Matters Search Tool (DoE 2017) to

generate a list of: World Heritage Properties, National Heritage Sites, Ramsar wetlands and

nationally threatened species, communities and migratory species protected under

international agreements that may occur on the project area of within the vicinity of the

project area. Findings were assessed in accordance with criteria specified in Matters of

National Environmental Significance – Significant Impact Guidelines 1.1 (DoE 2013). A copy of

the assessment is presented in Appendix 1.

Overall, it was concluded that the proposed development does not pose a significant risk to

Matters of National Significance identified by the EPBC Act, provided that appropriate

management strategies are in place during construction to ensure that the environmental

impact of the proposed development is minimised. The assessment concluded that the

proposal does not require referral to the Federal Minister. No further assessment is required.

4.2 State Legislation and Planning Policies

4.2.1 Environment Planning and Assessment Act 1979

Bugilbone Road is located in the Walgett Shire area and the land is regulated under the

Walgett Local Environmental Plan 2013. This area includes the towns of Burren Junction,

Walgett, Collarenebri and Lightning Ridge.

The proposal does not require development consent from the Local Council under Part 4 of

the Act. The development also does not require development consent from a Joint Regional

Planning Panel, as the development is excluded from Schedule 4A of the EP&A Act. Overall,

no development consent is required for the proposed development under this Act.

However, the proposed development constitutes an ‘activity’ and a REF is required to be

undertaken pursuant to Part 5 of the Act. This REF provides the necessary information to allow

the proponent to satisfy its obligations in relation to Part 5 of the Act.


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4.2.2 Biodiversity Conservation Act 2016

The Biodiversity Conservation Act commenced on 25 August 2017. The new legislation aims

to deliver a strategic approach to conservation in NSW whilst supporting improved farm

productivity and sustainable development. The biodiversity conservation and land

management reforms repealed several existing Acts, in particular the Native Vegetation Act

2003, Threatened Species Conservation Act 1995 and the Nature Conservation Trust Act 2001.

Also repealed are the animal and plant provisions of the National Parks and Wildlife Act 1974.

The Biodiversity Conservation (BC) Act, the Local Land Services (LLSA) Amendment Act, and

the supporting Regulations and products, establish a modern and integrated legislative

framework for land management and biodiversity conservation. Biodiversity elements

include major innovations to offsetting and private land conservation, as well as

improvements to threatened species conservation and how we manage human-wildlife

interactions.

The BC Act requires that proposed developments or activities must be consider prescribed

criteria, to assess whether the proposed development is ‘likely to significantly affect

threatened species’. This is assessment is known as a Five Part Test. This test has been

conducted with respect to the proposed development. If a development is found to be

unlikely to impact threatened species, no further assessment is required. If it is found that a

development is likely to impact upon threatened species, further assessment is required,

through preparation of either a Species Impact Statement (SIS) or Biodiversity Development

Assessment Report (BDAR).

Overall, no land clearing will take place in association with the proposed development, other

than clearing of regrowth vegetation which has grown in the table drains of the existing road.

The extent of disturbance will be limited to temporary disturbance of groundcover of the

subject site, associated with construction of side tracks to enable safe passage of traffic during

construction. Disturbed sites will be progressively rehabilitated following the conclusion of

construction activities. As such, the potential environmental impacts of the proposed

development are not considered significant.

A copy of the Five Part Assessment under the BC Act is present in Appendix 2. It is concluded

that the proposed development is not likely to significantly affect threatened species, and as

such no further assessment is required.

4.2.3 National Parks and Wildlife Act 1974

This Act is a broad piece of legislation that covers a number of different areas including

reserving lands, managing certain reserved lands and the protection of Aboriginal objects and

places.


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Pilliga West National Park is located approximately 14 kilometres south-west of the subject

area. The area was created in December 2005. It covers an area of 28,040 hectares and is

managed by the National Parks and Wildlife Service. The proposed works are not located

within this Park.

The Act provides statutory protection for Aboriginal ‘places’ under section 84 and Aboriginal

‘objects’ under section 90. It is therefore considered an offence (without the consent of the

Director General) to destroy, deface or damage, or knowingly cause or permit the destruction

or defacement of or damage to, an Aboriginal object or Aboriginal place. The protection

provided to Aboriginal objects applies irrespective of their significance or issues of land

tenure. However, areas are only gazetted as Aboriginal places if the Minister is satisfied that

sufficient evidence exists to demonstrate that the place is of special significance to Aboriginal

people. The subject land has not been gazetted as an Aboriginal place.

The proposed route transects through land that supports remnant vegetation, and is regularly

disturbed by grazing. It is possible that Aboriginal artefacts may be present within the

development area, such as scarred trees, burial sites, camp sites or stone artefacts. The areas

of highest potential would be within close proximity to water, particularly the Namoi River.

As a minimum, a Due Diligence survey is required under the Act to assess whether sites of

aboriginal significance are present and whether they could be impacted by the proposal. As

part of this, a search of the Aboriginal Heritage Information Management System (AHIMS) for

Aboriginal objects and places within the scheme area was undertaken. These results have

been included as Appendix 3 and are further discussed in Section 5.1.12.

An Aboriginal Heritage Due Diligence Assessment was undertaken during the site visit, to

locate sites indicated during the AHIMs search and to identify any additional artefacts or sites

which may be present. A due diligence assessment is presented in Appendix 3.

The outcome of the assessment indicated that there were no aboriginal heritage sites that

would be within the footprint of the road works. The recorded sites are outside of the area to

be impacted by the road. Some new potential sites were identified to the north of the Namoi

River. The sites involved trees with shield like marks on the trunk. Close examination of these

sites suggested that they were more than likely created from broken branches than cutting

for shields or other aboriginal artefacts. This observation is based on the shape of the

markings and the tree structure and age. None of these sites were recorded as actual site of

aboriginal heritage. The survey extended approximately 20m or more from the edge of the

road. This was considered sufficient to encompass the proposed works.


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Construction works associated with the upgrade will not impact upon recorded scarred trees.

To minimise the risk of accidental harm, the location of sites close to the edge of the roadwork

should be marked with high visibility tape.

This assessment has therefore determined that there is no requirement for an Aboriginal

Cultural Heritage Assessment investigation (ACHAR) or a requirement for an Impact Permit

(AHIP) under Part 6 of the NPWS Act, as the proposed development is not predicted to impact

upon sites or artefacts of cultural significance.

The proposed development is therefore compliant with heritage assessment and protection

requirements of the National Parks and Wildlife Act 1974.

4.2.4 Water Management Act 2000 The Water Management Act 2000 deals with access to water and water supply works through

the issue of water access licenses and approvals for water supply works.

This Act binds the Crown and section 60A makes it an offence to take water otherwise than

in accordance with an “Access Licence”. However, clause 18 of the Water Management

(General) Regulation 2011 exempts certain persons from the requirement to obtain an Access

Licence. Amongst those who are exempt are:

“A roads authority (within the meaning of the Roads Act 1993), in relation to water required

for road construction and road maintenance.”

Walgett Shire Council, being a road authority, is exempt from the requirement to obtain an

Access Licence to take water that is to be used for road works.

Walgett Shire Council may access water from the Namoi River to enable construction of the

Bugilbone Road upgrade. The Council may do this utilising an existing site access to the river

bank and extracting water via a water truck as discussed above. No construction work will be

required to take place within the riparian zone of the Namoi River to enable water extraction.

As no water extraction or storage infrastructure will be constructed on site to supply the

development, a Water Supply Works approval is not required.

4.2.5 Fisheries Management Act 1994

The Fisheries Management Act 1994 deals, amongst other things, with matters related to the

dredging of waterways and the reclamation of land. Part 7 of the Act relates to the protection

of aquatic habitats. Division 3 – Dredging and Reclamation is relevant to this proposal. Clause

200 states:


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1. A local government authority must not carry out dredging or reclamation work except

under the authority of a permit issued by the Minister.

2. This section does not apply to:

a. work authorised under the Crown Lands Act 1989, or

b. work authorised by a relevant public authority (other than a local government

authority).

3. This section has effect irrespective of any other Act to the contrary.

This division contains the following definitions:

"dredging work" means:

a. any work that involves excavating water land, or

b. any work that involves the removal of material from water land that is prescribed by

the regulations as being dredging work to which this Division applies.

“reclamation work” means:

a. using any material (such as sand, soil, silt, gravel, concrete, oyster shells, tyres, timber

or rocks) to fill in or reclaim water land, or

b. depositing any such material on water land for the purpose of constructing anything

over water land (such as a bridge), or

c. draining water from water land for the purpose of its reclamation.

"water land" means land submerged by water:

a. whether permanently or intermittently, or

b. whether forming an artificial or natural body of water,

and includes wetlands and any other land prescribed by the regulations as water land to which

this Division applies.

The Namoi River is considered as a waterway (3rd order stream or larger, Strahler Stream

Order). Under the Fisheries Management Act, 1994, any person, business, company or local

government authority proposing to dredge, excavate or remove material from a waterway,

or reclaim or place fill within a waterway requires a permit from the Department of Primary

Industries (Fisheries NSW) unless the work has been authorised under the Crown Lands Act

1989 or by a relevant public authority (not a local government authority).

The proposed development will not involve dredging or reclamation of the Namoi River. The

Namoi River bridge has been completed and the approaches sealed under previous projects.

road on either side of the bridge. The development is compliant with the Act and no permits

under this Act are required to complete the development.

4.2.6 Crown Lands Act 1989

The Crown Lands Act 1989 deals with the management of Crown land. This includes the

conservation of natural resources wherever possible and the sustainable use and


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CONSULTANTS

management of the land in question. Crown land can be leased or a licence can be granted to

carry out a specific activity on the land. In the case of leasing, the Crown can impose

conditions relating to vegetation management and conservation. The Act also allows for the

provision of local land boards for each district of Crown land.

Bugilbone Road is maintained by Council, and is therefore owned by Council. The proposed

development will not impact upon Crown Land.

4.2.7 Local Land Services Act 2013

The Local Land Services Act established the Local Land Services (LLS), repealed the Rural Lands

Protection Act 1998, the Rural Lands Protection Amendment Act 2008 and the Catchment

Management Authorities Act 2003. The project falls within the area of the North West Local

Land Services. However, the project is not considered to be within the provision of the Local

Land Services.

4.2.8 Wilderness Act 1987

The Wilderness Act 1987 provides for the permanent protection and proper management of

wilderness areas. The closest wilderness protection area to the proposed route is the Mt

Kaputar National Park, located approximately 100km kilometres east of Bugilbone Road.

There are no wilderness areas within the boundaries of the subject area for the proposed

development.

4.2.9 Noxious Weeds Act 1993

The Noxious Weeds Act 1993 aims to reduce the negative impact of weeds on the economy,

community and environment of this State by establishing control mechanisms to prevent the

establishment of significant new weeds, to restrict the spread of existing significant weeds,

and to reduce the area of existing significant weeds. The Act also provides for the monitoring

of and reporting on the effectiveness of the management of weeds in NSW. The Act requires

public authorities to control noxious weeds on their own land and local authorities to control

weeds on roads.

Weed management in Walgett Local Government Area is conducted by Castlereagh

Macquarie County Council (CMCC), which is a local government authority for noxious weed

control in the Walgett, Coonamble, Warren, Gilgandra and Warrumbungle Shire Council

areas. The CMCC is empowered to implement and enforce the Noxious Weeds Act 1993 on

behalf of the constituent councils and the New South Wales State Government.

The CMCC conducts its operations in accordance with a range of strategic objectives, which

include direct weed control, liaison and consultation with landholders and council staff to

encourage and coordinate weed management efforts, and by advertising of available funding


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and policies to relevant bodies and stakeholders to encourage effective delivery of

government incentives at a local level.

Weed seeds are carried onto and distributed by vehicles along road corridors. Construction

machinery may also transport weed seeds onto and off-road works sites. To minimise the risk

of weed introduction and proliferation along Bugilbone Road, a Construction Environmental

Management Plan will be implemented during the construction period, which will detail weed

management methods to be adopted on site. This is considered to satisfy the objectives of

this Act.

Following conclusion of the proposed development, the CMCC will continue to undertake

appropriate weed control activities along Bugilbone Road to ensure appropriate long-term

management and control of weeds is achieved.

4.2.10 Protection of the Environmental Operations Act 1997

The Protection of the Environment Operations Act 1997 includes provisions relating to

environmental offences and allows for the making of ‘protection of the environment’ policies.

Section 7 of the Act sets out its relationship to other Acts or laws as follows:

1. Other Acts not affected: Nothing in this Act affects any of the provisions of any other

Act or any statutory rules, or takes away any powers vested in any person or body by

any other Act or statutory rules.

2. This Act generally prevails however (subject to subsection (3)):

a. this Act prevails over any other Act or statutory rule to the extent of any

inconsistency, and

b. a regulation made under this Act prevails over any other statutory rule to the

extent of any inconsistency.

3. Subsection (3) is not relevant to this proposal.

Section 120 of the Act makes it an offence to pollute waters other than as permitted by the

terms of an Environment Protection Licence. The Act defines the pollution of waters to

include the:

Placing in or on, or otherwise introducing into or onto, waters (whether through an act or

omission) any matter, whether solid, liquid or gaseous, so that the physical, chemical or

biological condition of the waters is changed.

Therefore, the carrying out of works such as sediment control works or other works to prevent

the pollution of waters does not require development consent or approval under any other

Act or law as they are undertaken to ensure compliance with this Act.


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The proposed upgrade is not scheduled works under this Act and does not require an

Environment Protection Licence.

4.2.11 Work Health and Safety Act 2011

This Act deals with workplace safety and the protection of the health and wellbeing of

workers and the public in relation to all workplaces. The Act must be observed by all persons

associated with works involved in the construction and maintenance of Bugilbone Road.

4.2.12 State Environmental Planning Policy – Infrastructure (ISEPP)

State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) aims to facilitate the

effective delivery of infrastructure across the State. The policy provides a consistent planning

regime for infrastructure and the provision of services across NSW, along with providing for

consultation with relevant public authorities during the assessment process. The ISEPP

supports greater flexibility in the location of infrastructure and service facilities along with

improved regulatory certainty and efficiency.

Clause 94 of the ISEPP – Development permitted without consent (general) provides:

1. Development for the purpose of a road or road infrastructure facilities may be carried

out by or on behalf of a public authority without consent on any land…

As the proposal is for road development and is to be carried out by a public authority, the

Walgett Shire Council, it can be assessed under Part 5 of the Environmental Planning and

Assessment Act 1979. Development consent from council is not required.

The proposal is not located on land reserved under the National Parks and Wildlife Act 1974

and does not affect land or development regulated by State Environmental Planning Policy

No. 14 – Coastal Wetlands, State Environmental Planning Policy No. 26 – Littoral Rainforests

or State Environmental Planning Policy (Major Projects) 2005.

4.2.13 State Environmental Planning Policy No. 44 – Koala Habitat Protection

Clause 6 of State Environmental Planning Policy No. 44 (SEPP 44), requires an assessment

under the policy only if development consent is required. As the proposal does not require

development consent there is no requirement for a formal study. However, to prepare an

adequate Review of Environmental Factors (REF) the matters that are contained within the

Policy have been considered.

Walgett Shire is listed in Schedule 1 of this Policy as land to which the Policy applies, and

therefore it is known that koalas occur within the Shire. To assess the potential impact of the

proposed development on koala populations, SEPP 44 requires that the presence of potential

koala habitat within the development envelope is identified. SEPP 44 defines potential koala

habitat as follows:


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“Potential koala habitat means areas of native vegetation where the trees of the types listed

in Schedule 2 constitute at least 15% of the total number of trees in the upper or lower strata

of the tree component.”

Feed tree species identified in Schedule 2 include the following:

Table 6: Koala Feed Species Identified in SEPP 44 Scientific Name Common Name

Eucalyptus tereticornis Forest red gum

Eucalyptus microcorys Tallowwood

Eucalyptus punctata Grey Gum

Eucalyptus viminalis Ribbon or manna gum

Eucalyptus camaldulensis River red gum

Eucalyptus haemastoma Broad leaved scribbly gum

Eucalyptus signata Scribbly gum

Eucalyptus albens White box

Eucalyptus populnea Bimble box or poplar box

Eucalyptus robusta Swamp mahogany

River Red Gum were identified on the banks of the Namoi River, near the existing access to

the river which will be utilised for the purposes of water extraction by a water truck. The River

Red Gums will not be impacted by water extraction activities and are therefore not

considered within the scope of potential development impact.

No feed tree species were identified elsewhere along Bugilbone Road. Therefore, the

proposed development will not impact upon any areas of potential koala habitat. The area is

not a known migratory route for Koala. No scats were identified during the investigation. On

this basis, it can be concluded that the route of the road work is not a Koala migratory route.

The proposed development is compliant with the objectives of SEPP 44. Further investigation

in association with this policy is not required.

4.2.14 State Environmental Planning Policy No. 55 – Remediation of Land

Pursuant to State Environmental Planning Policy No. 55 – Remediation of Land, an approval

authority must consider whether the issue of contamination is relevant to a proposed activity.

In particular, if land is being rezoned or if that land is being developed for a more sensitive

use the fitness of the land for that more sensitive use must be assessed.

The proposed upgrade will occur on an existing road. The road is located within a travelling

stock route, and therefore the road corridor is regularly exposed to grazing cattle. The road

corridor is fringed by agricultural land, including irrigated cropland. Inspection of the site did

not identify any visible contamination and it is considered unlikely that any potential


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contamination would impact on the proposed upgrade. On this basis, there are no SEPP 55

issues that should affect this application.

4.3 Far West Regional Plan The Far West Regional Plan will apply to the Walgett local government area. The Plan aims to

present planning goals that will achieve a sustainable future, promoting and coordinating

economic development across the region. The plan outlines a series of economic,

environmental and social priorities across the region, with the aim to achieve a sustainable

and prosperous future for the region.

The plan outlines a range of economic priorities, including protection and development of

agricultural land, promotion of tourism opportunities and investment in freight transport

infrastructure. The plan states:

“Distance is a constant challenge in the Far West, requiring investment in roads, rail

networks and telecommunications to boost opportunities for the agribusiness,

value-added manufacturing, mining, renewable energy and tourism sectors.”

The proposed development aligns with the vision of the Plan, as it involves investment and

improvement of the transport networks within Walgett Shire Council. Improved road

infrastructure will support the accessibility and subsequently the economic development of

communities within the region.

4.4 Local Planning Instruments

4.4.1 Walgett Local Environmental Plan 2013

The Walgett Shire is a local government area in the western region of New South Wales. The

northern boundary of the Shire is located adjacent to the border between New South Wales

and Queensland. The Walgett Local Environmental Plan 2013 (WLEP) is the current local

government planning policy for the Walgett Shire. The framework of the WLEP is derived from

the Environmental Planning and Assessment Act 1979.

The project is consistent with aims of the Local Environment Plan. In particular, the

development is expected to stimulate employment opportunities in the local area and

facilitate long term economic growth through the efficient and effective delivery of services.

Bugilbone Road traverses several lots, which are all located in Zone RU1 – Primary Production

of the Walgett Shire. The project meets all objectives as prescribed by the WLEP for zone RU1.

Further, under the WLEP the construction of a road is permitted without consent. Thus,

consent is not required from the Walgett Shire Council to undertake the proposed road

construction in this area.


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No other sections of the WLEP are considered relevant to this project.

4.4.2 Development Control Plan

Walgett Shire’s Development Control Plan (DCP) was adopted in 2016. The DCP complements

WLEP, through outlining additional specifications for a range of developments to clarify

Council’s development standards, and by defining terms outlined in WLEP.

The proposed upgrade of Bugilbone Road does not require development consent. Therefore,

the proposed development is not within the scope of issues outlined in the DCP.

4.4.3 Development Contribution Plan

Walgett Shire Council do not currently have a development contribution plan.

4.4.4 Walgett Shire Council Community Strategic Plan 2017-2027

The Walgett Shire Community Strategic Plan (CSP) establishes a suite of strategic objectives

across five broad themes (community, sustainable living, economic development,

infrastructure and governance/civic leadership) to promote economic, environmental and

social outcomes within the Shire. Goals of the CSP include improving the standard and safety

of the road network within the Shire. The proposed development is therefore aligned with

the Walgett CSP.

4.5 Draft planning instruments No draft planning instruments of relevance to this proposal were identified.

4.6 Approvals required from State Agencies and Conditions that apply to the

proposal No additional approvals are required for the proposed upgrade of Bugilbone Road.

5 Impact Assessment The following items considered include matters set out under the “Guidelines for Preparing a

Review of Environmental Factors” (OEH, 2016).

5.1 Matters for Consideration

5.1.1 Air Quality

The project involves sealing of 25 km of gravel road. The road at present is a significant source

of local dust generated by traffic. The works would eliminate this issue and therefore result

in a reduction in dust emissions from traffic.


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Air pollution can result from exhaust emissions from machinery used during the construction

phase of the works. During road construction, dust may also be generated through the use of

equipment and earthworks. Dust control measures, such as water carts, dampening of

exposed areas, revegetation, and covering of truck loads would form a standard component

of the construction works. The amount of dust generated during construction would be

minimised.

Through the proper maintenance of construction vehicles excessive emissions would also be

avoided.

5.1.2 Water Quality

Bugilbone Road, immediately north of the township of Pilliga, is located within the Namoi

Catchment (Figure 14). The Namoi Catchment covers approximately 42,000km2 is one of the

major sub-catchments of the Murray-Darling Basin in NSW. The proposed development is

located in the lower reaches of the catchment, which are dominated by extensive floodplains.

The dominant land use of the catchment is agricultural. Extensive areas of land for

conservation and forestry occur within the middle of the catchment in the Pilliga region.

Water quality of the Namoi River is impacted by multiple forms of pollution. Thermal pollution

resulting from the release of deep water from Lake Keepit dam has been recorded to pose a

significant threat to aquatic biota for a considerable distance downstream of the reservoir

(Preece and Jones, 2002). Significant portions of the catchment have been cleared for

agricultural production, which has significantly increased erosion rates beyond natural rates,

leading to increased sedimentation and turbidity within the river. Further, runoff of

agricultural chemicals (including fertilisers, herbicides and pesticides) have the potential to

disrupt the chemical balances of the river, which in turn impacts upon aquatic ecology.

Stormwater runoff from urban centres within the catchment also contributes to the declining

quality of the surface water.


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Figure 14: Key Characteristics of the Namoi Catchment Potential impacts on water quality as a result of the proposed upgrade may occur as a result

of:

• Erosion and sediment transport during construction and operation phases; and

• Potential spillage or addition of pollutants to the waterways.

The implementation of appropriate mitigation measures will be required to minimise the

potential impact to waterways. Such measures will include erosion and sediment controls to

prevent sediment from entering the waterway. It is considered that if the mitigation measures

prescribed in Section 6 are implemented during the construction and operation phases, in

addition to the management of the project being consistent with relevant guidelines, policies

and legislation, the proposed upgrade will have minimal impact on the overall condition of

the waterways.

The effectiveness of the mitigation measures would need to be monitored throughout the

completion of the upgrade.

5.1.3 Flood Hazard

Bugilbone Road is located on the alluvial plain of the Namoi River. The existing road is slightly

raised above the natural surface height. Sections of the road have been known to be


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inundated in the event of major floods. A total of fourteen (14) causeways with no associated

culverts currently exist on Bugilbone Road (Figure 11). The existing road does not pose a

barrier to the natural passage of floodwaters across the landscape. Council has indicated that

current centre line levels of the road will be retained to ensure that local drainage is not

impacted.

A total of eleven (11) culverts currently exist along Bugilbone Road. Of the eleven culverts,

eight (8) of these are either wholly or partially blocked or damaged and are in need of repair.

Repairs of these culverts will be undertaken as part of the proposed development. The

locations of causeways and culverts along Bugilbone Road are indicated in Figure 11.

It is noted that a number of culverts requiring repair occur along sections of existing sealed

road, and therefore some construction work will occur in association with these sections.

However, no damaged culverts are located within 100m of the Namoi River (Figure 12), and

therefore no construction works will be undertaken within the riparian zone of the river.

Repair of the culverts is considered to maintain current floodplain connectivity, by ensuring

continued passage of floodwaters through existing flood management infrastructure. Overall

floodplain connectivity will not be altered by the upgrade, as no new culverts will be installed

on Bugilbone Road which may result in changed drainage patterns across the landscape.

The road includes two existing bridges, which traverse Turragulla Creek and the Namoi River.

Roadwork has been completed for both bridges and therefore these bridge areas are not

included in this project. There are no other watercourses within the study area of the

proposed upgrade.

The development will therefore not alter existing flood patterns. In the event that the road

becomes inundated in a major flood, Council would normally close the road whilst the road

is inundated. Once floodwaters recede, Council will assess the quality of the road and will

undertake repairs as required to address damage caused by flooding to ensure the road is

safe prior to opening the road.

5.1.4 Soils The soils of the site are dominated by heavy clays, with occasional outcrops of sand and clay

loam. There are no rock outcrops within the development footprint.

Normal procedures to prevent erosion and siltation, particularly during and following

earthworks, will be included within work practices. Measures taken will include silt fences,

earthen bunds, and drains as required.


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5.1.5 Noise

Noise will be generated by machinery used during the construction phase of the project. The

machinery to be used in the construction phase would be similar to the machinery used in

normal road maintenance and agricultural operations in the general locality.

Table 4: Standard Working Hours

Monday – Friday 7:00am to 6:00pm

Saturday 8:00am to 1:00pm

Sunday and Public Holidays No work

Works will be undertaken during standard working hours.

Once the road is completed, it is anticipated that there will be a slight increase in traffic

volume on Bugilbone Road, as a result of the increased accessibility for freight traffic. This

would include more regular trucks outside of harvest periods. Harvest periods would remain

similar for traffic volumes.

The net result of a slight increase in traffic will be more frequent noise disturbance for short

periods. The area is relatively isolated with background noise levels below 30 dBA. Any

isolated noise, such as a truck is noticeable. The majority of homesteads are located at a

sufficient distance from the road to ensure that the traffic noise is compliant (<45 dBA) but

the traffic will be noticeable.

5.1.6 Flora and Fauna A desktop survey to identify ecological communities present within the region was

undertaken, which was complemented by a site survey (discussed in Section 2.7). Overall, the

majority of the proposed development site intercepts Open Coolibah Woodland. Additional

ecological communities identified include:

• Cleared Plain With Occasional Scattered Trees

• Dense Cypress Pine/Box Woodland

• Box Woodland

• Box/Cypress Pine Woodland

• Riparian Zone: Coolibah/River Red Gum

• Weeping Myall Endangered Ecological Community

A desktop assessment was conducted to assess the risk posed by the development to

threatened species and communities within the wider region.


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The EPBC Protected Matters Search Tool was used to identify the potential presence of

species and communities protected under the EPBC Act. Identified species and communities

were then assessed in accordance with the Matters of National Significance Assessment

Guidelines with regards to their potential to be impacted by the proposed development. A

copy of the assessment is presented in Appendix 1.

The BioNet Search Tool was also used to identify the potential presence of species protected

under the Biodiversity Conservation Act 2016. A Five Part Assessment was conducted to

assess the potential impact of the proposed development upon these species. A copy of this

assessment is presented in Appendix 2.

Overall, as no significant vegetation clearing will be required to complete the upgrade of

Bugilbone Road, the proposed development is not considered to pose a significant risk to

threatened flora and fauna within the region. This assessment is considered to satisfy the

requirements of the EPBC Act and the Biodiversity Conservation Act 2016.

5.1.7 Land Use

The proposed upgrade will occur on an existing road. The road provides public access

throughout the region. The road corridor is utilised as a travelling stock route. The current

land use of the site will continue following the completion of the upgrade.

The road corridor also supports communication infrastructure. A Telstra communications line

runs underground alongside Bugilbone Road, to the west of the road. It is therefore

recommended that Dial Before You Dig is called (1100) prior to the commencement of any

construction works which may disturb the ground surface.

5.1.8 Contaminated Land

A site assessment was undertaken to identify potential issues of concern with relation to

contaminated land. The objective of this assessment was to ‘gather sufficient information for

the site to characterise any soil contamination issues that may present a risk to human and

environmental health.’ The assessment identified that the only activity within the subject area

of concern consisted of agricultural based activities. No residual chemicals or other

contamination risks are considered to be of concern to the proposed use of the land.

5.1.9 Waste Minimisation and Management

The project may generate minor waste in the form of lunch waste from workers and some

waste from machinery repairs. Council would generally remove this waste from the site on a

daily basis for disposal at one of Council’s refuse facilities.


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5.1.10 Chemical and Hazardous Substance Management

Diesel fuel and lubricating oils will be used in the machinery constructing the scheme. There

is always a potential for localised fuel or oil spills to contaminate the environment, however,

the quantities of fuel and oil to be used on site are relatively small and normal operating

procedures for refuelling will minimise any risk associated with an oil spill.

5.1.11 Visual Assessment The proposed development will have a negligible impact upon the visual amenity of the

surrounding region.

The proposed development involves the sealing of an existing road. No alterations will be

made to the route taken by the road, and no new roads will be constructed. No land clearing

will take place in association with the proposed development which may alter the visual

amenity of the landscape.

Construction works associated with the road will install temporary side tracks alongside

Bugilbone Road. Following the completion of construction, the side tracks will be

rehabilitated to their original condition.

The development will therefore not significantly impact upon the visual amenity of the

surrounding region.

5.1.12 Heritage

A desktop study was undertaken of the Aboriginal Heritage Information Management System

(AHIMS) for Aboriginal objects and places within the subject area. The results have been

included within Appendix 3 of this report. These results indicated that 32 Aboriginal sites

modified trees or artefacts are known to occur within the region (Figure 15). Of these, a total

of 13 sites are located within 500 m of the Bugilbone Road upgrade (Figure 16).

A site inspection was undertaken which identified a number of these scarred trees along

Bugilbone Road. Of the modified trees identified:

• Two corresponded to GPS coordinates on the AHIMs database.

• Four did not correspond exactly to GPS coordinates on the AHIMs database, yet AHIMs

had recorded a number of trees within the immediate locality. Given that the spatial

accuracy of the AHIMs coordinates is unknown, it is possible that the identified sites

are consistent with AHIMs records.

The locations of the scarred trees identified during the site visit are indicated in Figure 17 and

Figure 18. Examples of scar trees encountered during the site visit are shown in Figure 19.


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Figure 15: Locations of Scarred Trees and Artefacts Identified by AHIMS

Figure 16: AHIMs Records Within 500m of Upgrade


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Figure 17: Locations of Modified Trees Identified During Site Visit

Figure 18: Scarred Trees Near The Namoi River from AHIMS records


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Figure 19: Scar Trees Identified During Site Visit. From Top Left, Moving Clockwise: Tree Number 2, Tree Number 4, Tree Number 5, Tree Number 7

No scarred trees or other indigenous artefacts were found in close proximity to the proposed

upgrade. Of all scarred trees identified within 500m of Bugilbone Road (both on site and on


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the AHIMs database), the majority were identified near the Namoi River, most of which are

outside the development footprint as no construction will occur in proximity to these sites.

The following trees are considered to have the potential to be in close proximity to activities

associated with construction of Bugilbone Road:

• Tree Number 2: this tree is located adjacent to Turragulla Creek. The tree’s location is

such that it will not be located near a side track or a similar form of disturbance (such

as a spoil heap). However, it is likely that construction workers may utilise the site as

a resting spot during work breaks. As such, this tree should be clearly identified and

taped off during construction work and that workers be notified as to the location and

significance of the tree, to minimise the risk of accidental harm occurring on site.

• Tree Numbers 4 and 5: these trees are located adjacent to the existing site access to

the Namoi River, which will be utilised on occasion by a water truck. These trees

should be clearly identified and taped off during the construction period to minimise

the risk of accidental harm occurring to these trees during the road upgrade.

• Tree Number 7: this tree is located approximately 20-30m from the edge of Bugilbone

Road. The tree should be clearly identified and taped off during the construction

period to minimise the risk of accidental harm occurring to the tree. If a side track is

to be constructed along this area of road, it is recommended that (if possible) the side

track be constructed on the eastern side of the road, as the tree is located on the

western side of the road, to minimise the risk of harm. If this is not possible due to

other site constraints (e.g. avoiding land clearing), then it is recommended that the

side track do not pass within a 10m radius of the tree.

Approximate GPS coordinates (MGA Zone 55) of Trees 2, 4, 5 and 7 are outlined in Table 7. It

should be noted that GPS coordinates are indicative of the approximate, rather than exact,

locations of the modified trees. Site examination with reference to images of the modified

trees outlined in Figure 19 is recommended to ensure each tree is appropriately identified on

site prior to the commencement of construction works.

Table 7: Coordinates of Modified Trees (MGA Zone 55)

Tree Number Eastings Northings

2 674900 6645750

4 and 5 674988 6649697

7 686584 6659943

In addition to clearly marking and taping off modified trees on site, all workers on site will

need to be made aware of their legal responsibilities and obligations to protect heritage sites

under the National Parks and Wildlife Act 1974 and the Heritage Act 1977. Overall, adoption

of the above mitigation measures is considered sufficient to ensure that the proposed


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development will not have a significant impact upon places and artefacts of Aboriginal

heritage within locality.

If any Aboriginal object is discovered and/or harmed during the course of the development,

the Proponent will:

• Ensure no further harm is caused to the object;

• Immediately cease all work at the particular location;

• Secure the area so as to avoid additional further harm to the Aboriginal object;

• Notify OEH as soon as practicable on 131 555, providing details of the Aboriginal object

and its location; and

• Not recommence any work at the particular location unless authorised by OEH.

• In the event that skeletal remains are unexpectedly encountered during the activity,

work must stop immediately, the area secured to prevent unauthorised access and

NSW Police contacted.

In accordance with legislation, no aboriginal heritage impact permit will be required for the

works as proposed as there will be no existing or new sites impacted by the development. No

consultation is required under the National Parks & Wildlife Act 1974.

There are no items of European heritage that will be impacted by the proposed works.

5.1.13 Cumulative Environmental Impacts

Cumulative impacts may occur as a result of the combination of issues generated as a result

of the development of the upgrade. Overall, the cumulative environmental impacts of the

proposed upgrade are considered to be minimal, as the upgrade is not anticipated to have

significant impacts upon flora and fauna, heritage and amenity of the region. Management

plans will be implemented to ensure that ecological and heritage values of the region are

protected during the construction of the upgrade.

6 Summary of Mitigation Measures The outcome of this Review of Environmental Factors is the following list of

recommendations, which are to be observed during the planning, construction and operation

of the project.


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Table 8: List of Proposed Mitigation Measures

Issue Mitigation Measures

General ▪ Preparation of a Construction Environmental Plan (CEMP),

incorporating detailed erosion and sediment control

measures.

Noise ▪ Include noise management measures in the CEMP

▪ Carefully check all plant and equipment to ensure that they

produce minimal noise

▪ Where practical, operate machines at low speed or power

and switch off when not in use

▪ Regularly inspect all plant and equipment to ensure

compliance with industry best practice regarding noise

levels, and carry out repairs or modifications where

necessary

▪ Machinery to be operated in accordance with the

manufacturer’s direction Undertake noise monitoring during

and post construction

▪ Limit construction activities to the hours between 7.00am

and 6.00pm Monday to Friday and 8.00am to 1.00pm

Saturday

▪ Develop a complaints handling procedure

▪ Conduct environmental noise awareness inductions for all

contractor employees and subcontractors

▪ Conduct ongoing on the job training for each specific job task

Air Quality ▪ Air quality measures / management to be considered as part

of the CEMP

▪ Prior to works being undertaken, notify potentially affected

residents that some dust generation would occur

▪ Employ water sprays and tankers, especially during hot, dry,

windy days, to stabilise (unsealed) roads, stockpiles and

other open areas

▪ Cover all open trucks transporting spoil and fill to and from

the site

▪ Wash vehicles to remove mud prior to leaving the

construction site

▪ Cover or dampen all stockpiled materials to ensure proper

stabilisation

▪ As soon as possible following construction, stabilise all

exposed areas through revegetation or similar means


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▪ Prohibit the burning of timber and other combustible

materials

▪ Regularly inspect and maintain all construction equipment to

reduce potential for excessive emissions

▪ Cease construction activities if extreme wind conditions

prevail

Traffic and Transport ▪ Include traffic and transport management measures in the

CEMP

▪ Prioritise certain works to ensure that overall disruptions to

local traffic is minimised

▪ Provide adequate traffic management, including temporary

speed restrictions, precautionary signs, illuminated warning

devices, manual traffic control and provision of temporary

barriers and markers when necessary

Flora and Fauna ▪ Include flora and fauna management measures (including

weed management strategies) in the CEMP

▪ Re-use existing side tracks alongside the road corridor where

such tracks are available, to minimise the impact of the

proposed development on the surrounding environment

▪ Place new side tracks such that tree and shrub clearing is not

required

▪ Ensure clearing is restricted to regrowth vegetation growing

in the tail drains of the existing road

▪ Do not construct a side track through the dense White

Cypress/Box woodland, as construction would require

clearing of remnant vegetation. Establish alternate

construction methodologies to permit construction of this

section (such as construction of one lane at a time, with

portable traffic lights in place to permit safe passage of

traffic)

▪ Limit water extraction from the Namoi River as far as

practicable

▪ Only extract water from the river during times of moderate

to high water flows

▪ Utilise the existing access to the river to extract water to

minimise the spatial extent of disturbance to the river bank

▪ Do not alter water velocities or flow rates within the Namoi

River


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▪ Revegetate side tracks and other sites impacted by

construction as soon as possible after completion of

construction activities

Cultural Heritage ▪ Clearly mark and tape off each identified modified tree on

site, to minimise the risk of accidental damage to these trees

▪ If additional artefacts or relics are uncovered during

construction, cease work in the immediate area until NPWS,

Moree LALC are advised and the site/artefact/relic is

assessed

▪ Ensure that WSC project staff and contractors and their

employees are advised of their legal responsibilities under

the National Parks and Wildlife Act 1974 and the Heritage

Act 1977

Water Quality ▪ Prepare a comprehensive Erosion and Sediment Control Plan

and CEMP

▪ Construct culverts and catch drains as soon as possible to

ensure transverse drainage is in place during the early stages

of construction

▪ Implement temporary erosion and sediment control

structures such as straw bales and silt fences to minimise the

potential for sediment laden runoff to enter watercourses

▪ Progressively stabilise and revegetate disturbed areas

▪ Regularly monitor and maintain all erosion, sedimentation

and pollution control devices, particularly after any

significant rainfall event, to ensure effective operation,

especially during the construction phase and until disturbed

areas are stabilised and/or properly vegetated

▪ In the event of a chemical or sediment escape from site it

would be cleaned up to a state which is no less than its

condition prior to discharge

▪ Regularly monitor the effectiveness of the mitigation

measures

▪ Buffer strips to be identified to minimise disturbance to the

surrounding area

▪ Education of site personnel for the implementation of

sediment and erosion control plans

Energy ▪ Minimise the amount of waste material generated,

particularly waste construction material


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▪ Use locally obtained construction material where possible to

minimise transport energy use

▪ Ensure that construction equipment is well maintained and

operated in an efficient manner

Machinery ▪ Care taken when refuelling construction machinery

▪ Waste lubricating oil removed from site

Topography, Geology

and Soils

▪ Minimise the disturbance and exposure of soils. Address

measures in an Erosion and Sediment Control Plan

Hazards and Risks ▪ Include hazard and risk management and contingency

measures in the CEMP

▪ Appointed contractors would need to be appropriately

accredited, and undertake their work in accordance with an

accepted WH&S Management Plan

Utilities ▪ Call Dial Before You Dig on 1100

Waste Management ▪ Prepare a detailed Waste Management Plan as part of the

Construction EMP

▪ Balance project earthworks to avoid unnecessary material

imports or exports

▪ Use construction materials with recycled content where such

materials are available, cost-competitive with other

materials

▪ Waste materials would be placed into individual bins or skips

that are clearly labelled, so that waste materials may be kept

segregated during collection and storage

▪ Transport of waste material off-site, whether for reuse,

recycling or disposal, would be conducted by a licensed

waste contractor where required by legislation. All waste

transport would be conducted in an environmentally sound

manner

6.1.1 Reliability of Proposed Mitigation Measures

As detailed in the previous section, a suite of mitigation measures will be adopted, as part of

a comprehensive and coordinated approach to reduce environmental harm. By adopting

multiple measures, the limitations of each individual mitigation action are expected to be

compensated for by the strengths of another. Such an approach is predicted to effectively

and reliably minimise environmental harm to the fullest extent practicable in the given

circumstances.


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7 Justification for the Project The proposed Bugilbone Road upgrade has been assessed thoroughly with regards to its

capacity to effectively and efficiently achieve the objectives of the proposed development

and its likely social, economic and environmental impact upon the region in which it is

located. The environmental risks of the development, including acceptability of

environmental outcomes and reliability of proposed environmental impact mitigation

measures, are also considered. Finally, a number of alternative outcomes, including a ‘do

nothing’ approach in which this development is not approved, have also been assessed

against the aforementioned criteria. The assessment is seen below.

7.1 Capacity to Achieve Proposal Objectives The development is considered capable of achieving its objective to improve the connectivity

and efficiency of freight routes within the region. This will be achieved by improving the

quality of Bugilbone Road which links the townships of Pilliga and Burren Junction. The

connectivity will result in a range of economic and social benefits within the region.

Environmental impacts of the proposed development are considered minimal.

7.2 Economic Impacts The proposed development will improve the efficiency of economic operations within the

region. Bugilbone Road is located within a highly productive agricultural region, which

supports cropland, grazing land and forestry. Such industries produce significant volumes of

heavy vehicle freight traffic, particularly during periods of harvest.

Currently, a significant proportion of freight vehicles voluntarily adopt detour routes to avoid

using Bugilbone Road as the road is in poor condition. Such detours may add 70km or more

to the distance travelled by freight vehicles through the region. These detours are inefficient

and increase the operating costs of businesses within the region.

The proposed upgrade would therefore reduce operating costs for a range of businesses, by

improving the efficiency and connectivity of the local freight network. This in turn will enable

further economic development within the region, and will increase the attractiveness of the

locality to future prospective investors.

The Pilliga region serves as a tourist destination in central NSW, due to its natural aesthetic

values associated with its significant reserves of untouched sclerophyll forest. Walgett Shire

also functions as a tourist destination for those seeking an outback experience. It is essential

to improve and maintain the connectivity of the road network within the wider region, to

enable further development and expansion of the tourism industry in these regions. The

proposed upgrade of Bugilbone Road will contribute to this objective by improving the

connectivity of the road network from the Pilliga to tourism destinations in the north such as


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Lightning Ridge. This is predicted to assist in encouraging the development of the tourism

industry in north west NSW.

The proposed development will involve capital expenditure in the order of $6.2 million. The

construction period is anticipated to generate employment for approximately 6 full-time

equivalent positions, in association with stimulating employment in a range of supporting

industries.

Overall, it is predicted that the upgrade of Bugilbone Road will produce a range of economic

benefits to the wider region.

7.3 Social Impacts Currently, the poor condition of Bugilbone Road decreases the safety of the road network.

Driver fatigue is one of the leading causes of fatalities on NSW roads. Freight vehicles typically

travel long distances, and as such drivers of these vehicles are susceptible to fatigue. As the

poor condition of Bugilbone Road encourages many drivers of heavy vehicles to take detours,

this increases the road hours for freight vehicle drivers, which subsequently increases the risk

of driver fatigue.

Heavy vehicles are legally permitted to access Bugilbone Road, however, the road is not in a

suitable condition to support heavy vehicle traffic. If heavy vehicles elect not to take a detour

and to travel on Bugilbone Road whilst it is in a degraded condition, the safety of the road

network may be compromised. Overall, the poor condition of Bugilbone Road is considered

to be a risk to road safety. Upgrading of Bugilbone Road therefore has the potential to achieve

social benefits within the region, by improving the safety of the road network.

Further, distance and poor road infrastructure is a common consideration and impediment

to rural communities, in their ability to travel and access regional services. If Bugilbone Road

is not upgraded, the accessibility of towns such as Burren Junction would remain poor, which

is considered to be a disadvantage to these communities. The upgrade would therefore result

in additional social benefits by improving the accessibility of small towns such as Burren

Junction.

There were limited adverse social impacts identified by this initial assessment. There is

potential for noise and dust throughout construction, and increased noise upon completion,

to impact nearby residences. However, these impacts are considered to be within acceptable

thresholds. In short, the proposed upgrade is considered to produce overall positive social

benefits within the region.


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7.4 Environmental Impacts The proposed development is not considered to have significant environmental impacts.

The footprint of the proposed development is small, as it will be confined to narrow strips

associated with construction of the road and side tracks. Ground disturbance has the

potential to temporarily impact upon flora individuals through clearing of groundcover, and

the prevention of germination at the location of the side tracks if germination were to occur

during construction. However, it is considered that germination of other individuals beyond

the impact of the development area may continue to occur, ensuring continuation of the

population within the local area. Over time, rehabilitation of the side tracks would enable

future recolonisation of the impact area by native flora species, including threatened flora

species, using the surrounding protected local populations as a source of seeds.

Ground disturbance has the potential to temporarily impact upon fauna individuals through

a temporary decrease in the availability of foraging habitat. This is not considered to pose a

risk of populations of vulnerable fauna within the region. Following recolonisation, the site

may once again be utilised as foraging habitat for vulnerable species. The long-term impact

of the proposed development upon threatened flora and fauna species is therefore

considered to be minimal, as there would be no long-term decrease in habitat availability or

quality for these species.

Habitat features within the study area which are particularly significant for supporting local

populations of threatened fauna species are mature trees (primarily coolibah and belah)

which support tree hollows of a variety of sizes. No tree clearing will occur in association with

the proposed development; nor will the accessibility or utility of tree hollow habitat be

otherwise altered by indirect impacts of the development. Therefore tree hollow habitat

within the locality will be protected.

Overall, the proposed development is considered to be justified on environmental grounds,

as any impacts to native species within the locality will be minor and temporary.

7.5 Assessment of Alternative Outcomes

7.5.1 Alternative Route Upgrades

Bugilbone Road is an existing road which connects the townships of Pilliga with Burren

Junction. There are no other existing roads which provide an equally direct link between

these two towns. If an alternative route were to be established, it would require construction

of a new road. The environmental impact of construction of a new road is significantly greater

than the impacts of upgrading an existing road. Further, construction of a new road would

require significant capital investment, which would undermine the economic feasibility of the

project.


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Therefore, there are no feasible alternative routes which may be upgraded, which will

produce equivalent connectivity outcomes for the regional road network between the

townships of Pilliga and Burren Junction.

7.5.2 ‘Do Nothing’ Approach

Currently, a significant proportion of heavy vehicle traffic voluntarily undertakes considerable

detours to avoid utilising Bugilbone Road as a freight route. If the road is not upgraded, this

will continue to occur in the future. As a result, businesses in the region would continue to

operate inefficiently as a result of freight vehicles taking significant detours while en route

when transporting produce. This limits the profitability of businesses within the region,

resulting in negative economic outcomes and decreased attractiveness of the region as a

place for investment.

Further, if Bugilbone Road is not upgraded, safety hazards associated with the road’s current

poor condition (which may increase the risk of driver fatigue, or crashes as a result of heavy

vehicles inappropriately utilising the road) would continue to occur. This is not considered to

be a preferable outcome.

The accessibility of the region would also continue to be undermined by poor infrastructure.

This will negatively impact upon communities residing within the region (such as residents of

small townships such as Burren Junction), which rely upon connectivity with the surrounding

region to access a range of services including medical services. Further, limited regional

connectivity limits the potential growth of the tourism industry within the area.

Overall, failure to upgrade Bugilbone Road will result in a range of social and economic

disadvantages to continue to persist within the region. This is not considered to be a

preferable outcome.

7.6 Summary The proposed upgrade of Bugilbone Road is justified on social and economic outcomes.

Environmental risks are minimal. The upgrade is required to minimise social and economic

impediments associated with the current poor condition of Bugilbone Road. The proposed

development is therefore preferable to a ‘do nothing’ option in which the development is not

approved.

8 Conclusion This report has been prepared by SMK Consultants on behalf of the Walgett Shire Council.

The Review of Environmental Factors (REF) contained herein is carried out in accordance with

the Environmental Planning and Assessment Act 1979.


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This REF indicates that the proposed upgrade of Bugilbone Road will not have a significant

impact upon the amenity, ecological, heritage and cultural values of the subject site. No

required additional approvals from external State or Federal agencies and/or departments

have been identified. Management plans will be implemented during the construction

period, to ensure that environmental values of the region are protected from impacts of the

development.

Overall, the proposed upgrade of Bugilbone Road is considered permissible in accordance

with environmental protection requirements outlined by the Environmental Planning and

Assessment Act 1979 and the Biodiversity Conservation Act 2016.


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9 References Australian Government (2016) Namoi Subregion Bioregional Assessment, accessed

1/11/2017, < http://www.bioregionalassessments.gov.au/assessments/namoi-subregion >

DoE (2013) Matters of National Environmental – Significant Impact Guidelines 1.1 Environment Protection and Biodiversity Conservation Act 1999. Department of the Environment

Department of Environment Climate Change and Water (DECCW), (2010). Aboriginal cultural

heritage consultation requirements for proponents 2010, State of New South Wales and the

Department of Environment Climate Change and Water.

Department of Environment Climate Change and Water (DECCW), (2010). Due Diligence Code

of Practice for the Protection of Aboriginal Objects in New South Wales, State of New South

Wales and the Department of Environment Climate Change and Water.

Department of Planning and Environment (2017) NSW Geological Survey Online Mapping Tool

Office of Environment and Heritage (2016) Guidelines for Preparing a Review of

Environmental Factors, State of NSW and Office of Environment and Heritage

Green D., Petrovic J., Moss P., Burrell M. (2011) Water resources and management overview:

Namoi catchment, NSW Office of Water, Sydney

Preece R.M., Jones H.A. (2002) The effect of Keepit Dam on the temperature regime of the

Namoi River, Australia, River Research and Applications, 18(4):397-414

http://www.bioregionalassessments.gov.au/assessments/namoi-subregion


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CONSULTANTS

Appendix 1 – Matters of National Environmental Significance

Assessment

Bugilbone Road Upgrade Matters of National Significance Assessment

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EPBC Protected Matters Assessment

Development Background The proposed development involves the upgrade of 25km of Bugilbone Road (SR103), which links the

townships of Pilliga and Burren Junction in north west New South Wales. The purpose of the

development is to seal the road between Pilliga and Burren Junction. This Matters of National

Significance Assessment complies with species assessment requirements outlined by the

Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), and supports a broader

assessment of the environmental factors of the proposed development (presented as a Review of

Environmental Factors).

A desktop and site assessment of ecological assemblages present along the length of the upgrade has

been undertaken. The spatial distribution of ecological communities along the length of the road is

presented in Figure 1. Overall, the majority of the proposed development site intercepts Open

Coolibah Woodland (on clay soils). Additional ecological communities identified include:

• Cleared Plain With Occasional Scattered Trees (On Clay Soils)

• Dense Cypress Pine/Box Woodland (On Sandy Soils)

• Box Woodland (On Clay Loam Soils)

• Box/Cypress Pine Woodland (On Clay Loam Soils)

• Riparian Zone: Coolibah/River Red Gum (On Clay Soils)

• Weeping Myall Endangered Ecological Community (On Clay Soils)

The footprint of the proposed development is considered to equate to approximately 15m width on

either side of the road corridor. Ecological communities encountered exhibit varying degrees of

disturbance, from heavily disturbed (cleared and regularly grazed) to moderately disturbed (remnant

vegetation showing indications of with selective tree removal for timber utilisation and disturbance

associated with the road corridor presence).

Overall, across all vegetation communities, mature trees are present in varying degrees of density. On

average, mature coolibah trees contained 2-4 large tree hollows (600mm average diameter), whilst

mature belah trees contained an average of one tree hollow. Many of the tree hollows appeared to

be well-used.

Whilst the site visit was not intended as a fauna survey, incidental fauna sightings occurred. Species

sighted included a juvenile sand goanna, in addition to a range of common birds including cockatoos

and galahs. Tracks indicating the presence of kangaroos were also recorded. Fauna sightings serve to

indicate that the habitat of the subject site is utilised by a range of native species.

The proposal will involve the utilisation of existing side tracks, or construction of new side tracks to

enable passage of traffic around areas of construction. New side tracks will be placed to ensure that

clearing of vegetation will not be required. Upon completion of the upgrade, the side tracks will be

rehabilitated to their original condition. In instances where side track construction is not possible

without associated vegetation clearing, alternative construction methods will be adopted to ensure

that no clearing will occur (such as upgrading one lane at a time, with a portable traffic light to safely

enable passage of traffic along the road).


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Study Area Delineation Habitat disturbance will primarily be related to construction of side tracks, in addition to groundcover

disturbance associated with machinery movements and areas of material stockpiles.

The study area of the proposed development has been defined to be groundcover, approximately 20m

width on either side of the road corridor for the majority of the extent of the upgrade. This represents

an average width, which will vary depending upon the location of side tracks. Given that no tree

clearing will occur, species which exclusively reside in/rely upon trees are not considered to be

impacted by the proposed development.

It should be noted that no side track will be constructed within the Dense Cypress Pine/Box woodland,

as such construction would require clearing of remnant vegetation. The footprint of disturbance at

this location is therefore confined to the width of the existing road corridor, which has already been

cleared.

Further, no construction will take place within the riparian zone of the Namoi River and Turrungulla

Creek, as each watercourse is traversed by an existing bridge with sealed road leading up to and away

from it. Erosion and sediment control management plans will be in place to protect the riparian zones

of these rivers from indirect impacts of construction.

Minor water extraction from the Namoi River may occur during the construction period, which will

occur via a water truck using an existing access to the river. As extraction will take place via an existing

site access, this is not considered to disturb the habitat values of riparian vegetation fringing the river.

Water extraction will only occur during periods of moderate to high river flow, and will not significantly

impact upon the Namoi River.

Therefore, the riparian zones of the Namoi River and Turrungulla Creek are not considered to be

located within the study area of the proposed development.


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Matters of National Significance The EPBC Act requires consideration of the effect of an action on the following 7 Matters of National

Environmental Significance (MNES):

• World Heritage Properties

• National Heritage Places

• Ramsar wetlands of international importance

• Nationally threatened species and communities

• Migratory species protected under international agreements

• Nuclear actions, including uranium mining, and

• The Commonwealth marine environment.

The impact of an action on these matters is assessed under the criteria specified in: Matters of

National Environmental Significance – Significant Impact Guidelines 1.1 (DoE 2013).

Consideration of EPBC Matters A search was undertaken using the EPBC Protected Matters Search Tool (PMST) (DoEE 2017) to

generate a list of World Heritage Properties, National Heritage Places, Ramsar wetlands and nationally

threatened species, communities and migratory species protected under international agreements

that may occur on or within the region surrounding the proposed development (Figure 2).

Figure 2: Region searched for MNES using the EPBC PMST.

Results of Database Search The EPBC PMST does not list any World Heritage Properties or National Heritage Places on or within

the search area. Additionally, the PMST identified no wetlands downstream of the subject site;

therefore, the proposal is not considered to impact on these matters. Further, the proposal does not

involve nuclear actions or impact on the marine environment; consequently, these matters are also

not relevant to this assessment.


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Nationally threatened species and migratory species protected under international agreements have

been initially defined within the search area outlined in Figure 1 using the PMST. These species are

listed in Tables 1 and 2.

Table 1: Threatened flora and fauna species predicted or known to occur on the proposal area

Category Scientific Name Common Name Legal Status

Birds Botaurus poiciloptilus Australasian Bittern Endangered

Calidris ferruginea Curlew Sandpiper Critically Endangered; Listed Migratory (Bonn, CAMBA, JAMBA, ROKAMBA); Listed Marine

Grantiella picta Painted Honeyeater Vulnerable

Leipoa ocellata Malleefowl Vulnerable

Polytelis swainsonii Superb Parrot Vulnerable

Rostratula australis Australian Painted Snipe Endangered as Rostratula australis; Listed Marine as Rostratula benghalensis (sensu lato)

Mammals Chalinolobus dwyeri Large-eared Pied Bat, Large Pied Bat

Vulnerable

Nyctophilus corbeni Corben’s Long-eared Bat, South-eastern Long-eared Bat

Vulnerable

Phascolarctos cinereus (combined populations of NSW, QLD & ACT)

Koala (combined populations of NSW, QLD & ACT)

Vulnerable

Pseudomys pilligaensis Pilliga Mouse, Poolkoo Vulnerable

Fish Maccullochella peelii Murray Cod Vulnerable

Reptiles Anomalopus mackayi Five-clawed Worm-skink, Long-legged Worm-skink

Vulnerable

Plants

Dichanthium setosum Bluegrass Vulnerable

Swainsona murrayana Slender Darling-pea, Slender Swainson, Murray Swainson-pea

Vulnerable

CAMBA = China Australia Migratory Bird Agreement; JAMBA = Japan Australia Migratory Bird Agreement; ROKAMBA = Republic of Korea

Australia Migratory Bird Agreement; Bonn = Convention on the Conservation of Migratory Species of Wild Animals

Table 2: Migratory species predicted to occur on the proposal area

Category Scientific Name Common Name Legal Status

Migratory Marine Birds

Apus pacificus Fork-Tailed Swift Listed Migratory (CAMBA, JAMBA, ROKAMBA); Listed Marine

Migratory Terrestrial Species

Hirundapus caudacutus

White-throated Needletail Listed Migratory (CAMBA, JAMBA); Listed Marine as Hirundapus caudacutus Listed Migratory (ROKAMBA) as Chaetura caudacuta

Motacilla flava Yellow Wagtail Listed Migratory (CAMBA, JAMBA, ROKAMBA); Listed Marine

Myiagra cyanoleuca Satin Flycatcher Listed Migratory (Bonn); Listed Marine

Migratory Wetland Species

Actitis hypoleucos Common Sandpiper Listed Migratory (Bonn, CAMBA, JAMBA); Listed Marine as Actitis hypoleucos


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Category Scientific Name Common Name Legal Status Listed Migratory (ROKAMBA) as Tringa hypoleucos

Calidris acuminata Sharp-tailed Sandpiper Listed Migratory (Bonn, CAMBA, JAMBA, ROKAMBA); Listed Marine

Calidris ferruginea Curlew Sandpiper Critically Endangered; Listed Migratory (Bonn, JAMBA, ROKAMBA); Listed Marine

Calidris melanotos Pectoral Sandpiper Critically Endangered; Listed Migratory (Bonn, CAMBA, JAMBA, ROKAMBA); Listed Marine

Gallinago hardwickii Latham’s Snipe, Japanese Snipe

Listed Migratory (Bonn, JAMBA, ROKAMBA); Listed Marine

CAMBA = China Australia Migratory Bird Agreement; JAMBA = Japan Australia Migratory Bird Agreement; ROKAMBA = Republic of Korea

Australia Migratory Bird Agreement; Bonn = Convention on the Conservation of Migratory Species of Wild Animals

The PMST also identified a range of threatened ecological communities which have the potential to

be present within the study area. In preparation of this report, only threatened ecological

communities identified as present during the site visit will be considered.

The following endangered ecological community was identified on site:

• Weeping Myall Woodlands (listed as Endangered)

The location of this Endangered Ecological Community (EEC) is indicated in Figure 1. The impact of the

proposed development upon this community has been considered below.


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Assessment of Significance

Vulnerable Species An action has, or will have, or is likely to have a significant impact on a vulnerable species if it does,

will or is likely to:

• Lead to a long-term decrease in the size of an important population of species

The footprint of the proposed development is small, as it will be confined to narrow strips associated

with construction of the road and side tracks. Ground disturbance has the potential to temporarily

impact upon flora individuals through the prevention of germination at the location of the side tracks

if germination were to occur during construction. However, it is considered that germination of other

individuals beyond the impact of the development area may continue to occur, ensuring continuation

of the population within the local area.

Ground disturbance has the potential to temporarily impact upon fauna individuals through a

temporary decrease in the availability of foraging habitat. This is not considered to pose a risk of

populations of vulnerable fauna within the region.

Over time, rehabilitation of the side tracks would enable future recolonisation of the impact area by

native flora species, including vulnerable flora species, using the surrounding protected local

populations as a source of seeds. Following recolonisation, the site may once again be utilised as

foraging habitat for vulnerable species. The long-term impact of the proposed development upon

threatened flora and fauna species is therefore considered to be minimal, as there would be no long-

term decrease in habitat availability or quality for these species.


populations of threatened fauna species are mature trees (primarily coolibah and belah) which

support tree hollows of a variety of sizes. No tree clearing will occur in association with the proposed

development, and therefore tree hollow habitat within the locality will be protected.

• Reduce the area of occupancy of an important population

Overall, the total area to be disturbed by the road development will be small, and the longevity of the

disturbance will be limited. The disturbance associated with the development is therefore not

considered to pose a risk to the long-term survival of any threatened species or ecological community

within the locality.

• Fragment an existing important population into two or more populations

The Travelling Stock Route along Bugilbone Road supports a number of ecological assemblages, which

function as a significant habitat corridor through an otherwise heavily cleared landscape. The

proposed development will not involve any land clearing, and therefore will not isolate any areas of

potential habitat.

• Adversely affect habitat critical to the survival of a species

The groundcover to be impacted by the proposed upgrade is not considered to be critical habitat for

any of the listed vulnerable species. Further, implementation of management plans during the

construction period (including an Construction Environmental Management Plan and Erosion

Sediment Control Plan) will minimise the risk of any off-site impacts which may occur in association

with the proposed development.


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• Disrupt the breeding cycle of an important population

Habitat features within the locality which are considered to be significant to support the breeding

cycles of vulnerable species include tree hollows provided by mature trees within the study area. No

tree clearing will be associated with the proposed development; nor will the accessibility or utility of

tree hollows be altered.

Therefore, the proposed development is not considered to pose a risk to breeding cycles of

populations of vulnerable species within the locality.

• Modify, destroy, remove or isolate or decrease the availability or quality of habitat to the

extent that the species is likely to decline

The habitat modification associated with the proposed development is considered to be minor and

temporary in nature. The development is therefore not predicted to result in a decline of vulnerable

species populations within the region.

• Result in invasive species that are harmful to a vulnerable species becoming established in

the vulnerable species’ habitat

Weed seeds are carried onto and distributed by vehicles along road corridors. Construction machinery

may also transport weed seeds onto and off-road works sites. Weed management strategies will be

implemented through the Construction Environmental Management Plan (CEMP) to minimise the risk

of weed establishment and proliferation as a result of construction activities on site. Examples of weed

management strategies include adoption of proper hygiene procedures to minimise the potential for

seed transport onto and off the work site.

Weed management in Walgett Local Government Area is conducted by Castlereagh Macquarie County

Council (CMCC), which is a local government authority for noxious weed control in the Walgett,

Coonamble, Warren, Gilgandra and Warrumbungle Shire Council areas. The CMCC is empowered to

implement and enforce the Noxious Weeds Act 1993 on behalf of the constituent councils and the

New South Wales State Government. Following the completion of the upgrade, weed management

along Bugilbone Road will continue to be conducted by the CMCC as part of its regular and ongoing

weed management activities.

• Introduce disease that may cause the species to decline, or

Upgrading of Bugilbone Road is not considered a disease risk.

• Interfere substantially with the recovery of the species

Ensuring the recovery of a species generally involves the protection and enhancement of existing

populations and habitat, by preventing further clearing and modification of native vegetation

communities and protecting water quality values.

Key habitat features within the road corridor of Bugilbone Road which are significant for supporting

the recovery of vulnerable fauna species within the region are the considerable number of tree

hollows of varying sizes offered by mature coolibah and belah individuals. No tree clearing will occur

in association with the proposed development (nor other activities which may inadvertently limit the

accessibility or utility of tree hollows within the region).

The proposed development will involve minor and temporary modification of disturbed groundcover

adjacent to Bugilbone Road. This is not considered to pose a significant risk to the recovery of fauna


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CONSULTANTS

or flora species within the locality. Environmental management plans will be in place to ensure that

the potential impact of the proposed development on the surrounding environment is minimised.

Overall, the development is not considered to pose a risk to the recovery of vulnerable species within

the region.

Critically Endangered and Endangered Species An action is likely to have a significant impact on a critically endangered or endangered species if

there is a real chance or possibility that it will:

• Lead to a long-term decrease in the size of a population


populations of endangered and critically endangered fauna species are mature trees (primarily

coolibah and belah) which support tree hollows of a variety of sizes. No tree clearing will occur in

association with the proposed development, and therefore tree hollow habitat within the locality will

be protected.

It is possible that a range of fauna species may forage or otherwise utilise groundcover habitat which

may be temporarily disturbed by the proposed development. However, the habitat value of this

groundcover is not considered to be significant, as the site is heavily denuded by regular grazing

activity. The temporary nature of the disturbance ensures that any impacts which may occur will not

continue into the long-term future.

Therefore, it is unlikely that the proposed development will lead to a long-term decrease in

populations of endangered or critically endangered species within the region.

• Reduce the area of occupancy of the species





• Fragment an existing population into two or more populations




potential habitat.

• Adversely affect habitat critical to the survival of a species

The groundcover to be impacted by the proposed upgrade is not considered to be critical habitat for

any of the listed vulnerable species. Further, implementation of management plans during the

construction period (including an Construction Environmental Management Plan and Erosion

Sediment Control Plan) will minimise the risk of any off-site impacts which may occur in association

with the proposed development.

• Disrupt the breeding cycle of a population

Habitat features within the locality which are considered to be significant to support the breeding

cycles of endangered or critically endangered species include tree hollows provided by mature trees


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CONSULTANTS

within the study area. No tree clearing will be associated with the proposed development; nor will the

accessibility or utility of tree hollows be altered.

Therefore, the proposed development is not considered to pose a risk to breeding cycles of

populations of endangered or critically endandered species within the locality.

• Modify, destroy, remove or isolate or decrease the availability or quality of habitat to the

extent that the species is likely to decline

The habitat modification associated with the proposed development is considered to be minor and

temporary in nature. The development is therefore not predicted to result in a decline of endangered

or critically endangered species within the region.

• Result in invasive species that are harmful to a critically endangered or endangered species

becoming established in the critically endangered or endangered species’ habitat














• Introduce disease that may cause the species to decline, or

Upgrading of Bugilbone Road is not considered a disease risk.

• Interfere substantially with the recovery of the species

Recovery of a species generally involves protection and enhancement of existing populations and

habitat, by preventing further clearing and modification of native vegetation communities and

protecting water quality values.

Key habitat features within the road corridor of Bugilbone Road which are significant for supporting

the recovery of endangered and critically endangered species within the region are the considerable

number of tree hollows of varying sizes offered by mature coolibah and belah individuals. No tree

clearing will occur in association with the proposed development (nor other activities which may

inadvertently limit the accessibility or utility of tree hollows within the region).

The proposed development will involve minor and temporary modification of disturbed groundcover

adjacent to Bugilbone Road. Environmental management plans will be in place to ensure that the

potential impact of the proposed development on the surrounding environment is minimised.

Overall, the development is not considered to pose a risk to the recovery of endangered or critically

endangered species within the region.


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Critically Endangered and Endangered Ecological Communities An action is likely to have a significant impact on a critically endangered or endangered ecological

community if there is a real chance or possibility that it will:

• Reduce the extent of an ecological community

No tree clearing will take place in association with the proposed development, other than minor

clearing of regrowth which has grown in the tail drains of the existing road. The proposed upgrade will

therefore not reduce the extent of this community.

• Fragment or increase fragmentation of an ecological community, for example by clearing

vegetation for roads or transmission lines

As no tree clearing will take place in association with the proposed development, the development

will not increase fragmentation of this community.

• Adversely affect habitat critical to the survival of an ecological community

The ecological community identified near Bugilbone Road is a relatively small and isolated remnant,

which is not connected via vegetation corridors to equivalent communities elsewhere. Therefore, it is

considered that the community adjacent to the proposed development site must be protected from

impacts associated with the development, as the site is significant to ensure the continued local

viability and persistence of the community which is not connected to similar communities elsewhere.

The ecological community is located to the eastern side of the road. Construction works will not take

place within the community. Therefore, the primary risk to the identified community in association

with the proposed development is that of indirect impacts.

The proposed development will not result in a significant alteration of the level of the road, and

therefore will not significantly alter drainage patterns.

The site is level, and therefore is not at a high risk of erosion. Erosion and sediment control

management plans will be implemented during construction to minimise the risk of erosion occurring

on site. The proposed development is unlikely to increase the risk of erosion of, or sediment deposition

onto, the endangered ecological community.

Diesel fuel and lubricating oils will be used in the machinery constructing the scheme. There is always

a potential for localised fuel or oil spills to contaminate the environment, however, the quantities of

fuel and oil to be used on site are relatively small and normal operating procedures for refuelling will

minimise any risk associated with an oil spill. Therefore, the risk of pollutant runoff from the subject

site into the ecological community is minimal.

General waste materials would be placed into individual bins or skips that are clearly labelled, so that

waste materials may be kept segregated during collection and storage. Storage on site will occur until

delivery to landfill can be arranged. Delivery to landfill would occur regularly as required to prevent

the accumulation of waste on site. The proposed upgrade will therefore not increase the risk of

degradation on site as a result of litter.

Overall, the proposed upgrade is not considered to pose a risk to the identified Weeping Myall

Woodland, on the basis that no vegetation clearing will occur, and that management practices will be

implemented on site to minimise the risk of adverse indirect impacts to the community.


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• Modify or destroy abiotic (non-living) factors (such as water, nutrients or soil) necessary for

an ecological community’s survival, including reduction of groundwater levels, or

substantial alteration of surface water drainage patterns

As discussed above, the proposed development will not alter abiotic factors of the ecological

community.

• Cause substantial change in the species composition of an occurrence of an ecological

community, including causing a decline or loss of functionally important species, for example

through regular burning or flora or fauna harvesting

The proposed development relates to the upgrade of an existing road to the west of the ecological

community. No direct interference will occur within the ecological community as a result of the

proposed development which may lead to altered species compositions of the community.

• Cause a substantial reduction in the quality or integrity of an occurrence of an ecological

community, including, but not limited to:

o Assisting invasive species, that are harmful to the listed ecological community, to

become established, or














o Causing regular mobilisation of fertilisers, herbicides or other chemicals or

pollutants into the ecological community which kill or inhibit the growth of species

in the ecological community, or

The proposed development involves upgrading of an existing road corridor. The construction of the

upgrade will not involve the use of fertilisers, herbicides or other chemicals which may kill or inhibit

the growth of species in the ecological community.

Following completion of construction, regular road maintenance activities, including spot spraying of

weeds, will continue to be conducted by the CMCC. These activities are consistent with existing road

management activities which occur on site.

Therefore, the proposed development will not result in the release of chemicals which may kill or

inhibit species’ growth within the community.


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CONSULTANTS

• Interfere with the recovery of an ecological community

The development involves the sealing of an existing road. The development will involve temporary

alteration of the groundcover to the west of the ecological community, associated with side track

construction and construction related disturbances. Upon completion of the development, these

areas will be rehabilitated to their original condition. Therefore, the long-term footprint of the

proposed development will be confined to the disturbance footprint associated with the existing road.

The development will subsequently not interfere with the recovery of the Weeping Myall Woodlands.

Listed Migratory Species An action is likely to have a significant impact on a migratory species if there is a real chance or

possibility that it will:

• Substantially modify (including by fragmenting, altering fire regimes, altering nutrient cycles or

altering hydrological cycles), destroy or isolate an area of important habitat for migratory

species

Important habitat for a migratory species is defined as habitat which is:

• Utilised by migratory species occasionally or periodically within a region that supports an

ecologically significant proportion of the population of the species, and/or

• Of critical importance to the species at particular life cycle stages, and/or

• Utilised by a migratory species which is at the limit of the species range, and/or

• Within an area where the species is declining.

The definition of an ecologically significant proportion of a migratory species varies depending on the

characteristics of each species. Factors which should be considered in determining an ecologically

significant proportion include the species’ population status, genetic distinctiveness and species

specific behavioural patterns (such as site fidelity and dispersal rates).

It is possible that migratory species may utilise trees within the study area for foraging or roosting en

route during migration. No tree clearing will occur in association with the proposed development. The

proposed development therefore does not involve substantial habitat modification within the study

area.

Overall, the subject site is not considered to incorporate important habitat for migratory species, as

the site is infrequently used by such species, and does not offer key habitat features such as fresh

water which may be utilised by these species en route during migration.

• Result in an invasive species that is harmful to the migratory species becoming established in

an area of important habitat for the migratory species, or

The proposed development will not impact upon important habitat for migratory species, either

directly or indirectly.

• Seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an

ecologically significant proportion of the population of a migratory species

The proposal is not considered a risk to the lifecycle of the listed migratory species.


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Assessment of Significance Conclusions The proposed development involves the upgrade of an existing road linking the townships of Pilliga

and Burren Junction, within Walgett Shire Council. The development will involve the temporary

construction of side tracks to enable safe passage of traffic around areas of construction. Side tracks

will be rehabilitated upon completion of the development. No clearing of mature trees will take place

in association with the proposed development.

It is the conclusion of this assessment that there will be no significant long-term impacts on any listed

ecological community, threatened or migratory species of national environmental significance as a

consequence of the proposed development, providing:

• No clearing of trees occurs during the course of construction works associated with the

development, other than necessary clearing of regrowth which has grown in the tail drains of the

existing road.

• Existing side tracks are utilised where possible in preference to constructing new side tracks, to

ensure minimisation of the footprint of the development.

• Side tracks and associated areas of disturbance are progressively rehabilitated as soon as

practicable following the conclusion of construction of each road section.

• The design and management of the storage is in accordance with best management practices and

relevant guidelines.

• Appropriate mitigation measures are implemented throughout the construction and operation of

the storage.

Prepared by:

Natasha Livingstone BSc Hons.

Environment and Resource Consultant

References DoE (2013) Matters of National Environmental – Significant Impact Guidelines 1.1 Environment

Protection and Biodiversity Conservation Act 1999. Department of the Environment

DoEE Protected Matters Search Tool (accessed 2017). Department of the Environment and Energy

Website: http://www.environment.gov.au/epbc/protected-matters-search-tool

http://www.environment.gov.au/epbc/protected-matters-search-tool


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Appendix 2 – Five Part Assessment

Bugilbone Road Upgrade Five Part Assessment

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NSW Threatened Species Assessment – Five Part Test

Development Background The proposed development involves the upgrade of 25km of Bugilbone Road (SR103), which links the

townships of Pilliga and Burren Junction in north west New South Wales. The purpose of the

development is to seal the road between Pilliga and Burren Junction. This Five Part Test complies with

species assessment requirements outlined by the Biodiversity Conservation Act 2016, and supports a

broader assessment of the environmental factors of the proposed development (presented as a

Review of Environmental Factors).

A desktop and site assessment of ecological assemblages present along the length of the upgrade has

been undertaken. The spatial distribution of ecological communities along the length of the road is

presented in Figure 1. Overall, the majority of the proposed development site intercepts Open

Coolibah Woodland (on clay soils). Additional ecological communities identified include:

• Cleared Plain With Occasional Scattered Trees (On Clay Soils)

• Dense Cypress Pine/Box Woodland (On Sandy Soils)

• Box Woodland (On Clay Loam Soils)

• Box/Cypress Pine Woodland (On Clay Loam Soils)

• Riparian Zone: Coolibah/River Red Gum (On Clay Soils)

• Weeping Myall Endangered Ecological Community (On Clay Soils)

The footprint of the proposed development is considered to equate to approximately 15m width on

either side of the road corridor. Ecological communities encountered exhibit varying degrees of

disturbance, from heavily disturbed (cleared and regularly grazed) to moderately disturbed (remnant

vegetation showing indications of selective tree removal for timber utilisation and disturbance

associated with the road corridor presence).

Overall, across all vegetation communities, mature trees are present in varying degrees of density. On

average, mature coolibah trees contained 2-4 large tree hollows (600mm average diameter), whilst

mature belah trees contained an average of one tree hollow. Many of the tree hollows appeared to

be well-used.

Whilst the site visit was not intended as a fauna survey, incidental fauna sightings occurred. Species

sighted included a juvenile sand goanna, in addition to a range of common birds including cockatoos

and galahs. Tracks indicating the presence of kangaroos were also recorded. Fauna sightings serve to

indicate that the habitat of the subject site is utilised by a range of native species.

The proposal will involve the utilisation of existing side tracks, or construction of new side tracks to

enable passage of traffic around areas of construction. New side tracks will be placed to ensure that

clearing of vegetation will not be required. Upon completion of the upgrade, the side tracks will be

rehabilitated to their original condition. In instances where side track construction is not possible

without associated vegetation clearing (such as within the Dense Cypress Pine/Box Woodland),

alternative construction methods will be adopted to ensure that no clearing will occur (such as

upgrading one lane at a time, with a portable traffic light to safely enable passage of traffic along the

road).


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Study Area Delineation Habitat disturbance will primarily be related to construction of side tracks, in addition to groundcover

disturbance associated with machinery movements and areas of material stockpiles.

The study area of the proposed development has been defined to be groundcover, approximately 20m

width on either side of the road corridor for the majority of the extent of the upgrade. This represents

an average width, which will vary depending upon the location of side tracks. Given that no tree

clearing will occur, species which exclusively reside in/rely upon trees are not considered to be

impacted by the proposed development.

It should be noted that no side track will be constructed within the Dense Cypress Pine/Box woodland,

as such construction would require clearing of remnant vegetation. The footprint of disturbance at

this location is therefore confined to the width of the existing road corridor, which has already been

cleared.

Further, no construction will take place within the riparian zone of the Namoi River and Turrungulla

Creek, as each watercourse is traversed by an existing bridge with sealed road leading up to and away

from it. Erosion and sediment control management plans will be in place to protect the riparian zones

of these rivers from indirect impacts of construction.

Minor water extraction from the Namoi River may occur during the construction period, which will

occur via a water truck using an existing access to the river. As extraction will take place via an existing

site access, this is not considered to disturb the habitat values of riparian vegetation fringing the river.

Water extraction will only occur during periods of moderate to high river flow, and will not significantly

impact upon the Namoi River.

Therefore, the riparian zones of the Namoi River and Turrungulla Creek are not considered to be

located within the study area of the proposed development.


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Assessment of Eligibility for Consideration under the Biodiversity Conservation Act

2016 Five Parameter Test A search of the National Parks and Wildlife Atlas of NSW Wildlife (BioNet) identified the following list

of species, populations and communities with recorded sightings within the immediate region

surrounding the proposed development (Figure 2; Table 1).

Figure 2: BioNet Targeted Search Boundaries

Table 1: Species Recorded Within Vicinity of the Proposed Development Site Scientific Name Common Name BC Act Legal

Status EPBC Act

Legal Status

Hoplocephalus bitorquatus Pale-headed Snake Vulnerable Burhinus grallarius Bush Stone-curlew Endangered

Phascolarctos cinereus Koala Vulnerable Vulnerable

Saccolaimus flaviventris Yellow-bellied Sheathtail-bat Vulnerable

A broader search for species, populations and communities known to occur within the Pilliga Outwash

Interim Biogeographic Regionalisation for Australia (IBRA) Subregion was also conducted (Table 2).

Species were considered with regards to their known distribution and habitat requirements, to assess

whether the subject site is likely to serve as suitable habitat, and subsequently whether/how the

development is likely to impact upon the species.


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Table 2: Species, populations and communities identified by Bionet predicted and known to occur within the Pilliga Outwash IBRA Subregion Scientific Name Common

Name Habitat BC Act Legal

Status EPBC Act

Legal Status Assessment of

Significance

Amphibia

Crinia sloanei Sloane's Froglet

Region: Murray Darling Basin particularly the Darling Riverine Plains, NSW South Western Slopes and Riverina Bioregions. Habitat: Ground-dwelling frog typically associated with periodically inundated areas in grassland, woodland and disturbed habitats on the flood plains. Preferred Food: Limited information available. Breeding: Typically breeds in ephemeral wetlands, or periodically inundated areas of permanent wetlands, in grasslands, woodlands, and disturbed environments. Comment: Bridge crossings of the Namoi River and Turragulla Creek are already constructed and sealed, and therefore no construction works will take place within riparian zones. However, an unsealed section of the road does cross a small floodway within Open Coolibah Woodland, approximately 500m south-east of the Turragulla Crossing, which may be periodically inundated during a flood. The road corridor at this location may therefore constitute potential habitat for this species.

Vulnerable Yes. See below for assessment.

Reptilia

Anomalopus mackayi

Five-clawed Worm-skink

Region: Patchy distribution on the North West Slopes and Plains of north-east NSW and south-east Queensland, from Ashford area west to Mungindi and Walgett in NSW, south past Narrabri in NSW and north to Dalby, Queensland. Habitat: On or near lower slopes of slight rises in grassy White Box woodland on moist black soils, and River Red Gum-Coolibah-Bimble Box woodland on deep cracking loose clay soil. May also occur in grassland areas and open paddocks with scattered trees. Live in permanent tunnel-like burrows and deep soil cracks, coming close to surface under fallen timber and litter. Preferred Food: Limited information available; believed to feed on arthropods such as ants. Breeding: Limited information available. Comment: Species is a ground-dwelling species. Potential habitat exists within the study area of the proposed development. Species therefore has the potential to be impacted by side track construction.

Endangered Vulnerable Yes. See below for assessment.

Hoplocephalus bitorquatus

Pale-headed Snake

Region: Patchy distribution from north-east Queensland to the north-eastern quarter of NSW. Has been historically recorded as far west as Mungindi, across the north-west slopes, and from the north coast from Queensland to Sydney. Few records are known for the New England Tablelands; majority of records from lower



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elevations. Although the pale-headed snake is very cryptic, it appears to have contracted to a patchy and fragmented distribution. Habitat: Found mainly in dry eucalypt forests and woodlands, cypress forest and occasionally in rainforest or moist eucalypt forest. In drier climates, it favours habitat close to riparian areas with a sandy soil. Shelters during the day between loose bark and tree trunks, or in hollow trunks and limbs of dead trees. Highly cryptic that can spend weeks at a time hidden in tree hollows. Preferred Food: Main prey is tree frogs, yet lizards and small mammals are also taken Breeding: Knowledge derived from observation of captive species. Species is live-bearing and gives birth to between 2-11 young around January. It is likely that females breed bi-annually. Comment: Species resides in mature eucalypt and cypress trees. No mature trees will be disturbed by the proposed development. However, species may forage within the study area.

Aves

Leipoa ocellata

Malleefowl Region: Known and predicted to occur in central and western NSW. Significant populations occur in Mallee Cliffs NP, extending east to Balranald and north to Mungo. The population in central NSW has been significantly reduced due to land clearance and fox predation. A population continues to persist in the Goonoo forest near Dubbo. Habitat: Predominantly inhabit mallee communities, less frequently found in other eucalypt woodlands such as Inland Grey Box, Ironbark or Bimble Box woodlands with thick understorey, or in other woodlands dominated by Mulga or native Cypress Pine species. Prefers areas of light sandy to sandy loam soils and habitats with a dense but discontinuous canopy, with dense and diverse shrub and herb layers. Preferred Food: Forage in open areas on seeds, buds, flowers, fruits, herbs, insects and cereals if available. Breeding: Usually 15-24 (up to 34) eggs laid in a single season. Nest: Incubate eggs in large mounds with considerable volume of sandy soil. Comment: Potential habitat may be available within Dense Cypress Pine/Box woodlands within the vicinity of the proposed development. No vegetation clearing will occur of dense vegetation communities; the zone of disturbance at this location is therefore confined to the existing road corridor, which is already cleared. The proposed development is therefore unlikely to impact upon this species.

Endangered Vulnerable No. Potential habitat will not be impacted by the proposed development.


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Anseranas semipalmata

Magpie Goose Region: Still relatively common in Australian northern tropics, but had disappeared from south-east Australia by 1920 due to drainage and overgrazing of reed swamps used for breeding. Since 1980's there have been an increasing number of records in central and northern NSW. Habitat: Activities are centred on wetlands, mainly those on floodplains of rivers and large shallow (<1m deep) wetlands formed by run-off. Seen both in wetlands with dense growth of rushes and sedges, or walking and grazing on land. Preferred Food: Grasses, bulbs, rhizomes. Breeding: Most breeding occurs in monsoonal areas. Breeding unlikely in south-eastern NSW. Nest: Nests formed in trees over deep water. Comment: Foraging habitat may be available within the study area.


Phaethon rubricauda

Red-tailed Tropicbird

Region: Marine species. Greatest breeding concentration found on Lord Howe Island. Vagrant birds occur in coastal NSW waters and occasionally inland, particularly after storm events. Habitat: Breeds in coastal cliffs and under bushes in tropical Australia. Nests on cliffs at Lord Howe Island. Comment: The proposed development is located outside the species’ regular distribution. Any individuals present are likely to be vagrants.

Vulnerable China-Australia

Migratory Bird

Agreement (CAMBA)

No. Species present are likely to be vagrants.

Ephippiorhynchus asiaticus

Black-necked Stork

Region: In Australia, Black-necked Storks are widespread in coastal and subcoastal northern and eastern Australia, as far south as Central NSW. In NSW, species has been observed along the coastline down to Ulladulla, and inland west of Bourke down to the region surrounding Dubbo. Habitat: Floodplain wetlands (swamps, billabongs, watercourses and dams) of major coastal rivers are key habitat in NSW. Secondary habitat includes minor floodplains, coastal sandplain wetlands and estuaries. Preferred Food: Usually forage in water 5-30cm deep for vertebrate and invertebrate prey, usually eels. Breeding: Between 1-2 birds fledged per nest in NSW. Nest: Large nests built high in tall trees close to water at low elevations. Comment: Species may utilise water bodies within the region (artificial water storages and watercourses). No construction will take place within the riparian zone of the Namoi River and Turragulla Creek, and erosion management plans will be in place to protect waterways from indirect impacts. Therefore, these habitats will not be impacted by the proposed development. The species may forage within the study area during flood events; however, it is predicted that construction will

Endangered No. Potential habitat will not be impacted by the proposed development.


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have finished and that side tracks will be rehabilitated prior to the next major flood event.

Botaurus poiciloptilus

Australasian Bittern

Region: Widespread but uncommon over south-eastern Australia. Found throughout most of NSW except for the north-west. Habitat: Favours permanent freshwater wetlands with tall, dense vegetation, particularly bullrushes and spikerushes. Preferred Food: Frogs, rush, yabbies, spiders, insects, snails. Breeding: Occurs in summer from October to January. Usually six eggs to a clutch. Nest: Built in secluded places in densely-vegetated wetlands on a platform of reeds. Comment: Species may utilise water bodies within the region (artificial water storages and watercourses). No construction will take place within the riparian zone of the Namoi River and Turragulla Creek, and erosion management plans will be in place to protect waterways from indirect impacts. Therefore, these habitats will not be impacted by the proposed development.

Endangered Endangered No. Potential habitat will not be impacted by the proposed development.

Circus assimilis Spotted Harrier

Region: Occurs throughout the Australian mainland. Individuals disperse widely in NSW and comprise a single population. Habitat: Occurs in grassy open woodland including Acacia and mallee remnants, inland riparian woodland, grassland and shrub steppe. Found most commonly in native grassland, but also occurs in agricultural land, foraging over open habitats including edges of inland wetlands. Preferred Food: Preys on terrestrial mammals (e.g. bandicoots and rodents), birds and reptiles, occasionally insects and rarely carrion. Breeding: Breeding season from spring to autumn. Nest: Stick nest in a tree. Comment: Potential foraging habitat is available within the study area.


Haliaeetus leucogaster

White-bellied Sea-Eagle

Region: The White-bellied Sea-Eagle is distributed along the coastline (including offshore islands) of mainland Australia and Tasmania. It also extends inland along some of the larger waterways, especially in eastern Australia. The inland limits of the species are most restricted in south-central and south-western Australia, where it is confined to a narrow band along the coast. Habitat: The White-bellied Sea-Eagle is found in coastal habitats (especially those close to the sea-shore) and around terrestrial wetlands in tropical and temperate regions of mainland Australia and its offshore islands. The habitats occupied by the sea-eagle are characterised by the presence of large areas of open water (larger rivers, swamps, lakes, the sea). Birds have been recorded in (or flying over) a variety of terrestrial habitats. Birds have been recorded at or in the vicinity of freshwater

Vulnerable CAMBA No. Potential habitat will not be impacted by the proposed development.


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swamps, lakes, reservoirs, billabongs, saltmarsh and sewage ponds. Preferred Food: Fish, birds, reptiles, mammals, crustaceans, carrion and offal Breeding: Breeding season from June to January Nest: The nest is a large structure composed of sticks and lined with leaves, grass or seaweed. Nests may be built in a variety of sites including tall trees (especially Eucalyptus species), bushes, mangroves, cliffs, rocky outcrops, caves, crevices, on the ground or even on artificial structures. Comment: Species may utilise water bodies within the region (artificial water storages and watercourses). No construction will take place within the riparian zone of the Namoi River and Turragulla Creek, and erosion management plans will be in place to protect waterways from indirect impacts. Therefore, these habitats will not be impacted by the proposed development.

Hieraaetus morphnoides

Little Eagle Region: Occurs throughout the Australian mainland. Habitat: Occupies open eucalypt forest, woodland or open woodland. Sheoak or Acacia woodlands and riparian woodlands of interior NSW also used. Preferred Food: Birds, reptiles and mammals, large insects and carrion. Breeding: Lays two or three eggs in spring, young fledge in summer. Nest: Pairs build large stick nest in tall living trees within remnant patches in winter. Comment: Potential foraging habitat likely to be present within the study area.


Lophoictinia isura Square-tailed Kite

Region: Ranges along coastal and subcoastal areas from south-western to northern Australia, Queensland, NSW and Victoria. In NSW, scattered records indicate species is a regular resident in the north, north-east and along major west-flowing river systems. It migrates to south-east Australia to breed. Habitat: Found in a variety of timbered habitats including dry woodlands and open forests. Shows preference for timbered watercourses. Preferred Food: Is a specialist hunter of passerines, nestlings and insects in the tree canopy. Breeding: Breeding from July to February. Breeding productivity is 0.7 young per pair per year in NSW. Nest: Nest sites located along or near watercourses, in a fork or on large horizontal limbs. Comment: Species forages amongst the tree canopy. No vegetation clearing will occur in association with the proposed development. Therefore, this species is unlikely to be impacted by the proposed development.

Vulnerable No. Potential habitat will not be impacted by the proposed development.

Grus rubicunda Brolga Region: Formerly found across most of Australia, particularly towards the north. Still abundant in the north, but very sparse across the southern part of its range.



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Habitat: Dependent on wetlands, yet will also feed in dry grassland and ploughed paddocks. Preferred Food: Sedge roots, tubers, insects, crustaceans, molluscs, frogs. Breeding: Two eggs laid from winter to autumn. Nest: A platform of grasses and sticks augmented with mud, on an island or in the water. Comment: Potential foraging habitat may be present within the study area.

Burhinus grallarius

Bush Stone-curlew

Region: Found throughout mainland Australia except for central and southern coast, inland, and the far south-eastern corner. Still common in northern Australia; either rare or extinct elsewhere throughout its former range. Habitat: Inhabits open forests and woodlands with sparse grassy ground layer and fallen timber. Preferred Food: Insects, small vertebrates such as frogs, lizards and snakes. Breeding: Two eggs laid in spring and early summer. Nest: Nest on the ground in a scrape or small bare patch. Comment: Potential foraging habitat exists within the study area.

Endangered Yes. See below for assessment.

Rostratula australis

Australian Painted Snipe

Region: Most records from the south east, particularly the Murray Darling Basin. In NSW, most records associated with marshes, lakes and swamps in the Basin. Habitat: Prefers fringes of swamps, dams and nearby marshy areas where there is a cover of grasses, lignum, low scrub or open timber. Forages on mud flats and in shallow water. Preferred Food: Worms, molluscs, insects, some plant matter. Breeding: Often in response to local conditions, generally occurs from September to December. Nest: A scrape in the ground lined with grasses and leaves. Comment: No wetlands, marshes, lakes or swamps are located within the study area.

Endangered Endangered No. Potential habitat not

present within the study area.

Calyptorhynchus lathami

Glossy Black-Cockatoo

Region: Uncommon although widespread through suitable forest and woodland habitats, from central Queensland coast south to East Gippsland in Victoria, inland to the southern tablelands and central western plains of NSW. Habitat: Open forest and woodlands of the coast and the Great Dividing Range where stands of sheoak occur. In the Riverina, birds are associated with hills and rocky rises supporting Sheoak, but also recorded in open woodlands dominated by Belah. Preferred Food: Feeds almost exclusively on several species of sheoak (Casuarina and Allocasuarina species). Belah is also used as a critical food source for some



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populations. Breeding: A single egg is laid between March and May. Nest: Dependent on large hollow-bearing eucalypts for nest sites. Comment: Belah is recorded to occur within the study area of the proposed development, in addition to eucalypts bearing large tree hollows. No tree clearing will occur in association with the proposed upgrade. Therefore, this species will not be impacted by the proposed development.

Glossopsitta pusilla

Little Lorikeet Region: Distributed widely across the coastal and Great Divide regions of Eastern Australia, from Cape York to South Australia. NSW provides a large portion of the species' habitat, with individuals found westward as far as Dubbo and Albury. Nomadic movements common, influenced by season and food availability. Habitat: Forages primarily in open Eucalyptus forest and woodland, yet also finds food in Angophora, Melaleuca and other tree species. Riparian habitats particularly used. Isolated flowering trees in open country also used to help sustain viable populations. Roosts in treetops, often distant from feeding areas. Preferred Food: Nectar and pollen, occasionally native fruits such as mistletoe, rarely in orchards. Breeding: Breeding season from May to September. In seasons with prolific flowering, lorikeet pairs can breed twice, producing 3-4 young per attempt. Survival rate of fledglings is unknown. Nest: In proximity to feeding areas if possible. Typically in hollows in the limb or trunk of smooth-barked Eucalyptus. Entrance of hollows typically small (3cm) and high above the ground (2-15m). The nests are often used repeatedly for decades, suggesting preferred sites are limited. Comment: Open eucalypt woodland and tree hollows are available within the study area. However, no tree clearing will occur in association with the proposed upgrade. Therefore, this species will not be impacted by the proposed development.


Neophema pulchella

Turquoise Parrot

Region: Southern Queensland through to northern Victoria, from coastal plains to western slopes of Great Diving Range. Habitat: Lives on edges of eucalypt woodland adjoining clearings, timbered ridges and creeks in farmland. Prefers to feed in the shade of a tree and spends most of the day on the ground searching for the seeds or grasses and herbaceous plants, or browsing on vegetable matter. Forages quietly and may be quite tolerant of disturbance. However, if flushed it will fly to a nearby tree and then return to the ground to browse as soon as the danger has passed.



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Preferred Food: Seeds, grasses, herbaceous plants, vegetable matter. Breeding: From August to December to produce four to five white, rounded eggs. Nest: Nests in tree hollows, logs or posts. Lays on a nest of decayed wood dust. Comment: Potential foraging habitat is likely to be available within the study area.

Polytelis swainsonii

Superb Parrot Region: Eastern inland NSW Breeding on the south-western slopes, migrating to the Namoi & Gwydir regions during winter. Habitat: Inhabit Box-Gum, Box-Cypress-pine and Boree Woodlands and River Red Gum Forest. In the Riverina the birds nest in the hollows of large trees (dead or alive) mainly in tall riparian River Red Gum Forest or Woodland. On the South West Slopes nest trees can be in open Box-Gum Woodland or isolated paddock trees. Species known to be used are Blakely’s Red Gum, Yellow Box, Apple Box and Red Box. Preferred Food: Feed in trees and understorey shrubs and on the ground and their diet consists mainly of grass seeds and herbaceous plants. Also eaten are fruits, berries, nectar, buds, flowers, insects and grain. Breeding: Sept-Jan to produce 4-6 round white eggs. Nest: Hollow of red river gum or yellow box near water. Comment: Potential foraging habitat is likely to be available within the study area.

Vulnerable Vulnerable Yes. See below for assessment.

Ninox connivens Barking Owl Region: Found throughout continental Australia except for in the central arid regions. Species has declined in southern Australia, occurs in a wide but sparse distribution in NSW. Core populations exist on the western slopes and plains (especially in the Pilliga) and in some northeast coastal and escarpment forests. Habitat: Inhabits woodland and open forest, including fragmented remnants and partly cleared farmland. Is flexible in its habitat use. Can hunt in closed forest and more open areas. Sometimes able to successfully breed along timbered watercourses in heavily cleared habitats due to higher prey density on fertile soil. Preferred Food: Small arboreal mammals such as squirrel gliders and ringtail possums, birds, invertebrates, terrestrial mammals such as rodents and rabbits. Breeding: Nesting occurs during mid-winter and spring but is variable between pairs and among years. Nest: Two or three eggs laid in hollows of large, old trees. Comment: Potential foraging habitat is likely to be available within the study area.


Tyto novaehollandiae

Masked Owl Region: Records for this species fall within 90% of NSW, excluding the most arid north-western corner. Most common on the western plains. Habitat: Lives in dry eucalypt forests and woodland from sea level to 1100m ASL. Preferred Food: Tree- and ground-dwelling mammals, especially rats.



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Breeding: Breeds in moist eucalypt forested gullies. Breeds any time of the year, with clutch sizes of 2-3 eggs. Nest: Uses large tree hollows or sometimes caves for nesting. Comment: Potential foraging habitat is likely to be available within the study area.

Climacteris picumnus victoriae

Brown Treecreeper

(eastern subspecies)

Region: Eastern Australia from SA to Cape York, Qld. Western boundary of the species' range runs approximately through Corowa, Wagga Wagga, Temora, Forbes, Dubbo, Inverell. Habitat: Found in eucalypt woodlands (including Box-Gum Woodland) and dry open forest of the inland slopes and plains inland of the Great Dividing Range; mainly inhabits woodlands dominated by stringybarks or other rough-barked eucalypts, usually with an open grassy understorey, sometimes with one or more shrub species; also found in mallee and River Red Gum (Eucalyptus camaldulensis) Forest bordering wetlands with an open understorey of acacias, saltbush, lignum, cumbungi and grasses; usually not found in woodlands with a dense shrub layer; fallen timber is an important habitat component for foraging; also recorded, though less commonly, in similar woodland habitats on the coastal ranges and plains. Preferred Food: Feeding predominantly on ants and other invertebrates and sometimes on nectar, sap, lizards and food scraps. Breeding: Usually produce 2-3 speckled and streaked pinkish eggs. Nest: Grass-lined hollow. Hollows in standing dead or live trees and tree stumps are essential for nesting. Comment: No fallen timber or grassy groundcover was present within the study area. It is therefore unlikely that the species would utilise the study area for foraging.

Vulnerable No. Potential habitat not

available within study area.

Chthonicola sagittata

Speckled Warbler

Region: Ranges throughout south-eastern Queensland, the eastern half of NSW and into Victoria. Most frequently reported from the hills and tablelands of the Great Dividing Range. Severe species decline observed where no vegetation remnants larger than 100ha survive. Habitat: A wide range of Eucalyptus dominated communities that have a grassy understorey, often on rocky ridges or gullies. Typical habitat would include scattered native tussock grasses, a sparse shrub layer, some eucalypt regrowth and an open canopy. Large, relatively undisturbed remnants are required for species to persist in an area. Pairs are sedentary and occupy a breeding territory of about ten hectares, with a slightly larger home-range when not breeding. Preferred Food: Seeds and insects. Most foraging takes place on the ground around tussocks and under bushes and trees.

Vulnerable No. Potential habitat not

available within study area.


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Breeding: 3-4 eggs per clutch, laid between August to January. Eggs are a glossy red-brown. Nest: Nests are rounded, domed and built of dry grass and strips of bark, located in a slight hollow in the ground or at the base of a low dense plant, often amongst fallen branches or litter. Comment: Tussock grasses are not present within the study area. Further, the region surrounding Bugilbone Road has been extensively cleared for agricultural development. The species may be present within the Pilliga forests to the south, but the sedentary nature of the bird is such that it would be unlikely to venture out to the study area. Therefore, it is considered unlikely that the species would utilise habitat within the study area of the proposed development.

Grantiella picta Painted Honeyeater

Region: Nomadic species occurring at low densities throughout its range. Occurs throughout NSW, except in coastal areas and the south-western corner of the state. Greatest concentration and almost all breeding occurs on inland slopes of Great Dividing Range. Habitat: Boree/Weeping Myall, Brigalow and Box-Gum Woodlands and Box-Ironbark forests. Preferred Food: Specialist feeder on the fruits of mistletoes growing on woodland eucalypts and acacias. Prefers mistletoes of the genus Amyema. Insects and nectar from mistletoe or eucalypts are occasionally eaten. Breeding: Nest from spring to autumn. Nest: Small, delicate nest hanging within the outer canopy of drooping eucalypts, sheoak, paperbark or mistletoe branches. Comment: Species may be present within the study area, foraging and residing amongst the tree canopy. No vegetation clearing will occur in association with the proposed development. Therefore, the species is unlikely to be impacted by the upgrade.

Vulnerable Vulnerable No. Potential habitat will not be impacted by the proposed development.

Melithreptus gularis gularis

Black-chinned Honeyeater

(eastern subspecies)

Region: Widespread in NSW, most commonly recorded from tablelands and western slopes of the Great Dividing Range to the north-west and central-west plains and the Riverina. Habitat: Occupies mostly upper levels of drier open forests or woodlands dominated by box and ironbark eucalypts, especially Mugga Ironbark (Eucalyptus sideroxylon), White Box (E. albens), Inland Grey Box (E. microcarpa), Yellow Box (E. melliodora), Blakely's Red Gum (E. blakelyi) and Forest Red Gum (E. tereticornis). Also inhabits open forests of smooth-barked gums, stringybarks, ironbarks, river sheoaks (nesting habitat) and tea-trees. Feeding territories are large making the species locally



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nomadic. Recent studies have found that the Black-chinned Honeyeater tends to occur in the largest woodland patches in the landscape as birds forage over large home ranges of at least 5 hectares. Preferred Food: Nectar, insects, honeydew. Foraging occurs arboreally. Breeding: Breeding occurs from June to December. Two to three eggs per clutch. Nest: Cup-shaped nest is placed in the high crown of a tree in the uppermost lateral branches, hidden by foliage. It is a compact, suspended, cup-shaped nest. Comment: Species unlikely to be present within the study area due to absence of key tree species. If the species is present, it would forage and reside amongst the tree canopy. No vegetation clearing will occur in association with the proposed development. Therefore, the species is unlikely to be impacted by the upgrade.

Pomatostomus temporalis temporalis

Grey-crowned Babbler (eastern

subspecies)

Region: Eastern and northern Australia. Becoming rarer in settled areas. Habitat: Inhabits open Box-Gum Woodlands on the slopes, and Box-Cypress-pine and open Box Woodlands on alluvial plains. Woodlands on fertile soils in coastal regions. Flight is laborious so birds prefer to hop to the top of a tree and glide down to the next one. Birds are generally unable to cross large open areas. Preferred Food: Feed on invertebrates by foraging on the trunks and branches of eucalypts and other woodland trees or on the ground, digging and probing amongst litter and tussock grasses. Breeding: Usually 2-3 eggs laid between July and February. Nest: Build and maintain several conspicuous, dome-shaped stick nests about the size of a football. A nest is used as a dormitory for roosting each night. Nests are usually located in shrubs or sapling eucalypts, although they may be built in the outermost leaves of low branches of large eucalypts. Nests are maintained year round, and old nests are often dismantled to build new ones. Comment: Species may forage within the study area. The potential impact of the proposed development on this species will therefore be considered.

Vulnerable Yes. Species considered for

assessment.

Daphoenositta chrysoptera

Varied Sittella Region: Distribution in NSW nearly continuous from the coast to the far west. Habitat: Eucalypt forests and woodlands, especially those containing rough-barked species and mature smooth-barked gums with dead branches, mallee and Acacia woodland. Preferred Food: Feeds on arthropods gleaned from crevices in rough or decorticating bark, dead branches, standing dead trees and small branches and twigs in the tree canopy. Breeding: Limited information available. Nest: Cup-shaped nest of plant fibres and cobwebs in an upright tree fork high in the



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CONSULTANTS

living tree canopy, often re-using the same fork or tree in successive years. Comment: Species may be present within the study area, foraging and residing amongst the tree canopy. No vegetation clearing will occur in association with the proposed development. Therefore, the species is unlikely to be impacted by the upgrade.

Pachycephala inornata

Gilbert's Whistler

Region: Distributed throughout most of central and western Australia. The range of the species has declined chiefly due to habitat clearance, such that the extent of extant communities is uncertain. Habitat: The Gilbert’s Whistler occurs in a range of habitats within NSW, though the shared feature appears to be a dense shrub layer. It is widely recorded in mallee shrublands, but also occurs in box-ironbark woodlands, Cypress Pine and Belah woodlands and River Red Gum forests, though at this stage it is only known to use this habitat along the Murray, Edwards and Wakool Rivers. Within the mallee the species is often found in association with an understorey of spinifex and low shrubs including wattles, hakeas, sennas and hop-bushes. In woodland habitats, the understorey comprises dense patches of shrubs, particularly thickets of regrowth Callitris pine. Parasitic 'cherries' (Exocarpus species) appear to be an important habitat component in Belah and Red Gum communities, though in the latter case other dense shrubs, such as Lignum and wattles, are also utilised. Preferred Food: The Gilbert's Whistler forages on or near the ground in shrub thickets and in tops of small trees. Its food consists mainly of spiders and insects such as caterpillars, beetles and ants, and occasionally, seeds and fruits are eaten. Breeding: Breeding occurs between August and November. Between two and four eggs are laid per clutch. Nest: Nest either lined cup or sometimes birds use old nests of other species, particularly disused babblers' nests. Nests are usually built below about two and a half metres (but up to six metres) above the ground in the fork of dense foliage of plants such as wattles or cypress pines. Comment: The only ecological community supporting a dense shrub layer is the Dense Cypress Pine/Box Woodland. This species may occur within this woodland. No clearing will occur of this habitat; the impact of the proposed development will be restricted to the existing road corridor, which is already cleared. Therefore, the proposed development will not impact upon potential habitat of this species.


Artamus cyanopterus cyanopterus

Dusky Woodswallow

Region: Dusky woodswallows are widespread in eastern, southern and south western Australia. The species occurs throughout most of New South Wales, but is sparsely scattered in, or largely absent from, much of the upper western region.



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CONSULTANTS

Most breeding activity occurs on the western slopes of the Great Dividing Range. Habitat: Primarily inhabit dry, open eucalypt forests and woodlands, including mallee associations, with an open or sparse understorey of eucalypt saplings, acacias and other shrubs, and ground-cover of grasses or sedges and fallen woody debris. It has also been recorded in shrublands, heathlands and very occasionally in moist forest or rainforest. Also found in farmland, usually at the edges of forest or woodland. Preferred Food: Primarily eats invertebrates, mainly insects, which are captured whilst hovering or sallying above the canopy or over water. Also frequently hovers, sallies and pounces under the canopy, primarily over leaf litter and dead timber. Also occasionally take nectar, fruit and seed. Breeding: Late September to late February, with eggs present between September and January, although most eggs are present between October and early December. Clutch size is 1–4 and pairs may nest twice in a season. Nest: Nest is an open, cup-shape, made of twigs, grass, fibrous rootlets and occasionally casuarina needles, and may be lined with grass, rootlets or infrequently horsehair, occasionally unlined. Nest sites vary greatly, but generally occur in shrubs or low trees, living or dead, horizontal or upright forks in branches, spouts, hollow stumps or logs, behind loose bark or in a hollow in the top of a wooden fence post. Nest sites may be exposed or well concealed by foliage. Comment: Potential foraging habitat may be available within the study area. Therefore, this species will be considered for assessment.

Melanodryas cucullata cucullata

Hooded Robin (south-

eastern form)

Region: Widespread throughout Australia except for the driest deserts and wettest coastal areas. Rare throughout most of its range. Habitat: Lightly wooded country such as open eucalypt woodland, acacia scrub and mallee, often in or near clearings/open areas. Requires structurally diverse habitats including mature and young trees, shrubs and native grasses. Preferred Food: Insects. Often perches on low dead stumps and fallen timber or on low-hanging branches, using a perch-and-pounce method of hunting insect prey. Breeding: Breed between July and November, often raising several broods. Two to three eggs per clutch. Nest: Small cup of bark, grasses and webs in a tree fork or crevice, from less than 1m to over 5m above ground. Comment: Potential foraging habitat may be available within the study area. Therefore, this species will be considered for assessment.


Stagonopleura guttata

Diamond Firetail

Region: Endemic to south-eastern Australia, from central Queensland to South Australia. Widely distributed in NSW. Uncommon along the coast and west of the

Vulnerable No. Potential habitat


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CONSULTANTS

Darling River. Habitat: Found in grassy eucalypt woodlands, including Box-Gum Woodlands and Snow Gum Eucalyptus pauciflora Woodlands. Also occurs in open forest, mallee, Natural Temperate Grassland, and in secondary grassland derived from other communities. Often found in riparian areas (rivers and creeks), and sometimes in lightly wooded farmland. Birds roost in dense shrubs or in smaller nests built especially for roosting. Has been recorded in some towns and near farm houses. Preferred Food: Feeds exclusively on the ground, on ripe and partly-ripe grass and herb seeds and green leaves, and on insects (especially in the breeding season). Breeding: Between August and January. Nest: Nests are globular structures either in shrubby understorey or higher up (especially under hawk's or raven's nests). Comment: Potential habitat unavailable due to absence of suitable grassy understorey/grassland habitat.

unavailable within study

area.

Mammalia

Dasyurus maculatus

Spotted-tailed Quoll

Region: Eastern NSW, eastern Victoria, south- and north-eastern Queensland and Tasmania. Habitat: Range of habitats, including rainforest, open forest, woodland, coastal heath and inland riparian forest, from sub-alpine to coastline. Individuals use hollow-bearing trees, fallen logs, small caves, rock outcrops and rocky-cliff faces as den sites. Preferred Food: Generalist predator with preference for medium-sized (500g-5kg) mammals, including gliders, possums, birds, small wallabies, rats, reptiles, insects. Breeding: Average litter size is 5. Reach sexual maturity at one year of age. Life expectancy in the wild is 3-4 years. Comment: Potential foraging habitat may be available within the study area.

Vulnerable Endangered Yes. See below for assessment.

Sminthopsis macroura

Stripe-faced Dunnart

Region: Inland central and northern Australia. In NSW, found in the centre and the north of the State. Rare on Central West Slopes and North West Slopes. Most easterly records of recent times around Dubbo, Coonabarabran, Warialda and Ashford. Habitat: Native dry grasslands and low dry shrublands. Shelter in cracks in soil, in grass tussocks or under logs. Prefers relatively ungrazed habitats with greater diversity and healthier understorey vegetation. Preferred Food: Invertebrates, lizards, small mammals. Breeding: From June to February. Other information of limited availability. Comment: Potential habitat unavailable, as study area is heavily grazed and devoid of grasslands and fallen timber.

Vulnerable No. Potential habitat

unavailable within study

area.


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CONSULTANTS

Phascolarctos cinereus

Koala Region: Fragment distribution throughout eastern Australia from north-east Queensland to South Australia. In NSW, mainly occurs on the central and north coasts, and some populations in the west of the Great Dividing Range. Habitat: Eucalypt woodlands and forests. Preferred Food: Foliage of more than 70 eucalypt and 30 non-eucalypt species. Breeding: Females breed at two years of age and produce one young per year. Comment: Species may be present within the study area, foraging and residing amongst the tree canopy. No vegetation clearing will occur in association with the proposed development. Therefore, the species is unlikely to be impacted by the upgrade.


Petaurus norfolcensis

Squirrel Glider Region: Species widely though sparsely distributed in eastern Australia, from northern Queensland to Victoria. Habitat: Mature or old growth Box, Box-Ironbark woodlands and River Red Gum forests west of the Great Dividing Range and Blackbutt-Bloodwood forest with heath understorey in coastal areas. Requires abundant tree hollows for refuge and nest sites. Preferred Food: Acacia gum, eucalypt sap, nectar, honeydew and manna, invertebrates, pollen. Breeding: Den and nest sites are tree hollows insulated with leaves. Females can breed from one year old, and bear 1-2 young between April and November, with up to 2 litters per year. Comment: Species may be present within the study area, foraging and residing amongst the tree canopy. No vegetation clearing will occur in association with the proposed development. Therefore, the species is unlikely to be impacted by the upgrade.


Aepyprymnus rufescens

Rufous Bettong

Region: Original range from Coen in north Queensland to central Victoria has been reduced to patchy distribution from Cooktown, Queensland, to north-eastern NSW as far south as Mt. Royal National Park. It has largely vanished from inland areas but there are sporadic, unconfirmed sightings from the Pilliga and Torrington districts. Habitat: A variety of forests from tall, moist eucalypt forest to open woodland, with tussock grass understory. Dense cover of tall native grasses is preferred shelter. Shelters during the day in nests constructed of grass in a shallow depression at the base of a tussock or fallen log. Preferred Food: Grasses, herbs, seeds, flowers, roots, tubers, fungi, insects. Breeding: Females are continuous breeders. Females raise one young per pregnancy, but can have 3-4 young per year.



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CONSULTANTS

Comment: The only ecological community supporting a grassy ground layer is the Dense Cypress Pine/Box Woodland. This species may occur within this woodland. No clearing will occur of this habitat; the impact of the proposed development will be restricted to the existing road corridor, which is already cleared. Therefore, the proposed development will not impact upon potential habitat of this species.

Macropus dorsalis

Black-striped Wallaby

Region: From the Townsville area in Queensland to northern NSW where it occurs on both sides of the Great Dividing Range. On the north-west slopes of NSW it occurs in Brigalow remnants to south of Narrabri. Distribution is now patchy due to habitat clearing for agricultural development. Habitat: Dense woody or shrubby vegetation within three metres of the ground. This dense vegetation must occur near a more open, grassy area to provide suitable feeding habitat. Preferred Food: Grasses and forbs. Breeding: Breeds throughout the year. A single young is born after one month gestation, after which it spends the following 6-7 months in the pouch. Sexual maturity reached at 12-18 months. Comment: The only ecological community supporting dense vegetation is the Dense Cypress Pine/Box Woodland. This species may occur within this woodland. No clearing will occur of this habitat; the impact of the proposed development will be restricted to the existing road corridor, which is already cleared. The wallaby is unlikely to forage within the study area of adjacent ecological communities, as these communities do not support grass. Therefore, the proposed development will not impact upon potential habitat of this species.


Saccolaimus flaviventris

Yellow-bellied Sheathtail-bat

Region: The Yellow-bellied Sheathtail-bat is a wide-ranging species found across northern and eastern Australia. There are scattered records of this species across the New England Tablelands and North West Slopes. Habitat: Forages in most habitats across its very wide Region, with and without trees; appears to defend an aerial territory. Roosts singly or in groups of up to six, in tree hollows and buildings; in treeless areas they are known to utilise mammal burrows. Preferred Food: Insects. When foraging for insects, flies high and fast over the forest canopy, but lower in more open country. Breeding: Breeding has been recorded from December to mid-March, when a single young is born. Comment: Species has diverse habitat requirements. In the study area, the species



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CONSULTANTS

is likely to utilise tree hollows for roosting, and forage aerially. The proposed development will therefore not impact upon this species.

Chalinolobus picatus

Little Pied Bat Region: Found inland in Queensland and NSW (including Western Plains and slopes), extending slightly into South Australia and Victoria. Habitat: Occurs in dry open forest, open woodland, mulga woodlands, chenopod shrublands, cypress pine forest and mallee and Bimbil box woodlands. Roosts in caves, rock outcrops, mine shafts, tunnels, tree hollows and buildings. Can tolerate high temperatures and dryness but requires access to nearby water. Preferred Food: Moths and possibly other flying invertebrates. Breeding: Limited information available. Comment: In the study area, the species is likely to utilise tree hollows for roosting, and forage aerially. The proposed development will therefore not impact upon this species.


Nyctophilus corbeni

Corben's Long-eared

Bat

Region: The distribution of the south-eastern form coincides approximately with the Marry Darling Basin, with the Pilliga Scrub region being the distinct stronghold for this species. Habitat: A variety of vegetation types. More common in box/ironbark/cypress-pine vegetation that occurs in a north-south belt along the western slopes and plains of NSW and southern Queensland. Roosts in tree hollows, crevices and under loose bark. Slow flying agile bat, utilising the understorey to hunt non-flying prey - especially caterpillars and beetles - and will even hunt on the ground. Preferred Food: Non-flying prey, especially caterpillars and beetles. Breeding: Mating takes place in autumn with one or two young born in late spring to early summer. Comment: Potential foraging habitat may be present within the study area, as the species has the potential to forage on the ground.


Vespadelus troughtoni

Eastern Cave Bat

Region: Found in a broad band on both sides of the Great Dividing Range from Cape York to Kempsey, with records from the New England Tablelands and the upper north coast NSW. The western limit appears to be the Warrumbungle Range. Habitat: Usually found in dry open forest and woodland, near cliffs or rocky overhangs. Has been recorded in disused mines. Occasionally found along cliff-lines in wet eucalypt forest and rainforest. Preferred Food: Limited information available. Breeding: Limited information available. Comment: Limited information is available regarding the foraging and breeding



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CONSULTANTS

habits of this species. Species will be considered for assessment in accordance with the precautionary principle.

Pseudomys pilligaensis

Pilliga Mouse Region: Distribution restricted to the Pilliga region of NSW. However, a Pilliga Mouse was reportedly trapped in the Warrumbungles after a major wildfire in 2013, suggesting a sparse local population may have previously existed that could now respond to early stages of the post-fire succession. Evidence exists of marked population fluctuations. Habitat: The Pilliga Mouse is known to occur in the Pilliga Scrub of NSW where it inhabits mixed Eucalyptus, Acacia and Callitris open forest on sandy soil and sandstone ridges, with a preference for sparse understorey vegetation. The Pilliga Mouse typically occurs at low densities. Recent studies indicate that the Pilliga Mouse is found in greatest abundance in recently burnt moist gullies, areas dominated by broombush and areas containing an understorey of kurricabah (Acacia burrowii) with a bloodwood (Corymbia trachyphloia) overstorey. Consistent features of the latter two habitats were: a relatively high plant species richness; a moderate to high density of low-level shrub cover; and a moist groundcover of plants, litter and fungi. The gully where the highest rates of capture were encountered had an extensive cover of low grasses and sedges, with little shrub cover and large areas of ash-covered ground. It is nocturnal, seeking refuge in burrows. Preferred Food: Predominantly seeds, with some leaf matter. Breeding: Limited information available. Comment: The species may have some potential to inhabit the Dense Cypress Pine/Box Woodland, as this woodland supports Eucalyptus and Callitris species on sandy soil. No clearing will occur of this habitat; the impact of the proposed development will be restricted to the existing road corridor, which is already cleared. The wallaby is unlikely to forage within the study area of adjacent ecological communities, as these communities do not support grass. Therefore, the proposed development will not impact upon potential habitat of this species.


Flora

Tylophora linearis

Region: Majority of records occur in the central western region. Records from Goonoo, Pillaga West, Pillaga East, Bibblewindi, Cumbil and Eura State Forests, Coolbaggie NR, Goobang NP and Beni SCA. Habitat: Grows in dry scrub and open forest. Recorded from low altitude sedimentary flats in dry woodlands of Eucalyptus fibrosa, Eucalyptus sideroxylon, Eucalyptus albens, Callitris endlicheri, Callitris glaucophylla and Allocasuarina luehmannii. Also grows in association with Acacia hakeoides, Acacia lineata,

Vulnerable Endangered No. Potential habitat unlikely to be available.


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CONSULTANTS

Melaleuca uncinata, Myoporum species and Casuarina species. Flowering: Flowers in spring, with flowers recorded in November or May with fruiting probably 2 to 3 months later. Comment: Species unlikely to be present within the study area due to an absence of associated species.

Lepidium aschersonii

Spiny Peppercress

Region: Occurs in marginal central-western slopes and north-western plains regions of NSW (and potentially the south-western plains). Habitat: Found on ridges of periodically inundated Gilgai clays dominated by Brigalow, Belah, Buloke and Grey Box. In the south has been recorded growing in Bull Mallee. Often the understorey is dominated by introduced plants. The species grows as a component of the ground flora, in grey loamy clays. Vegetation structure varies from open to dense, with sparse grassy understorey and occasional heavy litter. Often described as a 'weed' where it dominates paddocks. Flowering: Spring to autumn. Comment: Species unlikely to be present within the study area due to an absence of associated species.

Vulnerable Vulnerable No. Potential habitat unlikely to be available.

Lepidium monoplocoides

Winged Peppercress

Region: Widespread in the semi-arid western plains regions of NSW. Habitat: Occurs on seasonally moist to waterlogged sites, on heavy fertile soils, with a mean annual rainfall of around 300-500 mm. Predominant vegetation is usually an open woodland dominated by Bulloak and/or eucalypts. The field layer of the surrounding woodland is dominated by tussock grasses. Species highly dependent on seasonal conditions and does not tolerate grazing disturbance. Flowering: From August to October. Comment: Species unlikely to be present within the study area due to an absence of associated species, and due to regular site disturbance by grazing.

Endangered Endangered No. Potential habitat unlikely to be available.

Cyperus conicus Region: Occurs rarely in the Pilliga area of NSW and is also found in Victoria, Queensland, the Northern Territory and Western Australia. Habitat: Open woodland on sandy soil. Recorded from Callitris forest growing on sandy soil in the Pilliga area. Flowering: Spring to summer. Comment: The species may have some potential to inhabit the Dense Cypress Pine/Box Woodland, as this woodland supports Callitris species on sandy soil. No clearing will occur of this habitat; the impact of the proposed development will be restricted to the existing road corridor, which is already cleared. Therefore, the proposed development will not impact upon potential habitat of this species.



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CONSULTANTS

Bertya opponens Coolabah Bertya

Region: Known in four scattered sites in NSW; one near Coolabah, two south of Narrabri on the North West Slopes, one near Cobar. Habitat: A variety of habitats, including stony mallee ridges and cypress pine forest on red soils. The wide variation in habitat type between the populations makes the identification of critical habitat very difficult. Consideration of disturbance regimes and grazing management are probably more important to the survival of populations in the long term. Flowering: From July to August, although seed formation can begin as early as July. Comment: The majority of the study area is regularly and heavily grazed, and therefore it is likely that this species will not be present. The only area in which regular grazing does not occur is the Dense Cypress Pine/Box Woodland. This habitat will not be impacted by the proposed development.


Swainsona murrayana

Slender Darling Pea

Region: Found throughout NSW , it has been recorded in the Jerilderie and Deniliquin areas of the southern riverine plain, the Hay plain as far north as Willandra National Park, near Broken Hill and in various localities between Dubbo and Moree. Habitat: Collected from clay-based soils. Grows in a variety of vegetation types. Species may require some disturbance, and has been known to occur in paddocks that are moderately grazed or occasionally cultivated. Flowering/Description: Produce winter-spring growth, flower in spring to early summer, then die back after flowering. They re-shoot readily and often carpet the landscape after good cool-season rains. Comment: Potential habitat is likely to be available within the study area.


Myriophyllum implicatum

Region: This species was previously thought to be extinct in NSW; however the plant was recently discovered in the Pilliga National Park, south of Narrabri. It is known from Queensland and is listed as ‘Least Concern’ under that States Nature Conservation Act. Habitat: Occurs in moist situations, extending away from fresh water. Recent population found in a large open partly inundated gilgai depression on cracking clay soil. Probably germinates opportunistically (with inundation). Flowering/Description: Flowering is reported from August into summer, and fruiting until February. Comment: Bridge crossings of the Namoi River and Turragulla Creek are already constructed and sealed, and therefore no construction works will take place within riparian zones. However, an unsealed section of the road does cross a small floodway within Open Coolibah Woodland on cracking clay soil, approximately

Critically Endangered

Yes. See below for assessment.


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CONSULTANTS

500m south-east of the Turragulla Crossing, which may be periodically inundated during a flood. The road corridor at this location may therefore constitute potential habitat for this species.

Commersonia procumbens

Region: Endemic to NSW, mainly confined to the Dubbo-Mendooran-Gilgandra region, but also in the Pilliga and Nymagee areas. Habitat: Sandy sites. Often a pioneer of disturbed sites, including roadsides, edges of quarries and recently cleared easements under power lines. Also found in Eucalypt woodlands. Flowering: August to December, with fruiting from summer to autumn. Comment: Species has potential to be present on the roadsides within the Dense Cypress Pine/Box Woodland as it is located on sandy soils. This species will therefore be considered for assessment.


Diuris tricolor Pine Donkey Orchid

Region: Sporadically distributed on western slopes of NSW, extending from south of Narrandera to the north of NSW. Habitat: Associated species include Callitris glaucophylla, Eucalyptus populnea, Eucalyptus intertexta, Ironbark and Acacia shrubland. The understorey is often grassy with herbaceous plants such as Bulbine species. The Pine Donkey Orchid grows in sclerophyll forest among grass, often with native Cypress Pine (Callitris spp.). It is found in sandy soils, either on flats or small rises. Also recorded from a red earth soil in a Bimble Box community in western NSW. Disturbance regimes are not known, although the species is usually recorded from disturbed habitats. Flowering: Early September to late October. Comment: Species has potential to be present on the roadsides within the Dense Cypress Pine/Box Woodland as it is located on sandy soils. This species will therefore be considered for assessment.


Pterostylis cobarensis

Greenhood Orchid

Region: Recorded from Bourke, Nyngan, Cobar, Nymagee, Warren, Gilgandra, Narrabri, Coonabarabran districts. Recorded from a number of reserves and state forests including Mutawintji, Gundabooka, Culgoa, Warrumbungles National Parks, Quanda, Yathong Nature Reserves, Mt Grenfell Historic Site and Bimbilwindi and Pilliga East State Forests. There are also records from the Darling Downs district of Queensland. Habitat: Habitats are eucalypt woodlands, open mallee or Callitris shrublands on low stony ridges and slopes in skeletal sandy-loam soils. Associated species include Eucalyptus morrisii, E. viridis, E. intertexta, E. vicina, Callitris glaucophylla, Geijera parviflora, Casuarina cristata, Acacia doratoxylon, Senna spp. and Eremophila spp. Flowering: September-November.

Vulnerable No. Potential habitat unlikely to be available.


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CONSULTANTS

Comment: Species unlikely to be present within the study area due to an absence of associated species, and due to topography of subject site (alluvial plains).

Dichanthium setosum

Bluegrass Region: New England Tablelands, North West Slopes and Plains and the Central Western Slopes of NSW, extending to northern Queensland. It occurs widely on private property, including in the Inverell, Guyra, Armidale and Glen Innes areas. Habitat: Associated with heavy basaltic black soils and red-brown loams with clay subsoils. Found in moderately disturbed areas such as cleared woodland, grassy roadside remnants and highly disturbed pasture. Flowering: Mostly in summer. Comment: Site survey indicated that ecological communities atop clay soils along Bugilbone Road do not support grasses (possibly as a result of intensive grazing). This species is therefore unlikely to be present within the study area.

Vulnerable Vulnerable No. Species is unlikely to be

present due to notable

absence of grasses in

suitable habitat, noted during

site inspection.

Polygala linariifolia

Native Milkwort

Region: North from Copeton Dam and the Warialda area to southern Queensland; also found on the NSW north coast near Casino and Kyogle, and there is an isolated population in far western NSW near Weebah Gate, west of Hungerford. This species also occurs in Western Australia. Habitat: Sandy soils in dry eucalypt forest and woodland with a sparse understorey. In Inverell and Torrington districts, found on dark sandy loam on granite in shrubby forest, and in yellow podsolic soil on granite in layered open forest. In Pilliga area, found in Fuzzy Box woodland, White Cypress Pine-Bulloak - Ironbark woodland, Rough-barked Apple riparian forb-grass open forest, and Ironbark - Brown Bloodwood shrubby woodland. Flowering: Spring to summer. Comment: Potential habitat unavailable due to absence of suitable ecological communities.

Endangered No. Potential habitat unlikely to be available

within the study area.

Pomaderris queenslandica

Scant Pomaderris

Region: Widely scattered but not common in north-east NSW and in Queensland. It is known from several locations on the NSW north coast and a few locations on the New England Tablelands and North West Slopes, including near Torrington and Coolata. Habitat: Moist eucalypt forest or sheltered woodlands with shrubby understory, occasionally along creeks. Flowering: Limited information available. Comment: Species’ growth habit is that of a 2-3m high shrub. Species was not observed within the study area during site inspection, yet there is still a potential it may be present within the region. The side tracks will be constructed such that

Endangered No. Proposed development

unlikely to impact upon species, as species not

observed on site during site

inspection.


SMK P a g e | 27

CONSULTANTS

clearing of shrubs will not occur. Therefore, the proposed development will not impact upon this species.

Philotheca ericifolia

Region: Known only from the upper Hunter Valley and Pilliga to Peak Hill districts of NSW. The records are scattered over a range of over 400 km between West Wyalong and the Pilliga Scrub. Site localities include Pilliga East State Forest, Goonoo State Forest, Hervey Range, Wingen Maid Nature Reserve, Toongi, Denman, Rylestone district and Kandos Weir. Habitat: Grows chiefly in dry sclerophyll forest and heath on damp sandy flats and gullies. It has been collected from a variety of habitats including heath, open woodland, dry sandy creek beds, and rocky ridge and cliff tops. Associated species include Melaleuca uncinata, Eucalyptus crebra, E. rossii, E. punctata, Corymbia trachyphloia, Acacia triptera, A. burrowii, Beyeria viscosa, Philotheca australis, Leucopogon muticus and Calytrix tetragona. Noted as being a “moisture-loving plant”, with plants common on the sides of a particular spur of the Hervey Ranges where soakage from the high background provides sufficient moisture for the plants. Also recorded growing in a recently burnt site (wildfire) and within a regeneration zone resulting from clearing. Populations comprise from 3-12 adult plants to approx. 200 plants (mostly seedlings in one population). Also described as uncommon, scattered, common, locally occasional and locally frequent. Populations in Pilliga State Forest consist of hundreds or thousands of individuals. A very large population occurs in Lincoln State Forest near Gilgandra. Flowering/Description: Flowering time is in the spring. Fruits are produced from November to December. Comment: Potential habitat not available within the study area due to an absence of associated species.

Protected Vulnerable No. Potential habitat unlikely to be available

within the study area.


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CONSULTANTS

Assessment of Significance – The Five Parameter Test The five-parameter test as required under Part 7 of the Biodiversity Conservation Act has been applied

to determine whether there is likely to be a significant effect on the threatened species recorded at

or likely to occur at the site.

The following species identified by BioNet will be considered in the Assessment of Significance (Table

3):

Table 3: Threatened Species and Populations to be Considered in the Assessment of Significance Scientific Name Common Name BC Act Legal Status EPBC Act Legal

Status

Crinia sloanei Sloane's Froglet Vulnerable

Anomalopus mackayi Five-clawed Worm-skink Endangered Vulnerable

Hoplocephalus bitorquatus Pale-headed Snake Vulnerable

Anseranas semipalmata Magpie Goose Vulnerable

Circus assimilis Spotted Harrier Vulnerable

Hieraaetus morphnoides Little Eagle Vulnerable

Grus rubicunda Brolga Vulnerable

Burhinus grallarius Bush Stone-curlew Endangered

Neophema pulchella Turquoise Parrot Vulnerable

Polytelis swainsonii Superb Parrot Vulnerable Vulnerable

Ninox connivens Barking Owl Vulnerable

Tyto novaehollandiae Masked Owl Vulnerable

Pomatostomus temporalis temporalis

Grey-crowned Babbler (eastern subspecies)

Vulnerable

Artamus cyanopterus cyanopterus

Dusky Woodswallow

Vulnerable

Melanodryas cucullata cucullata

Hooded Robin (south-eastern form)

Vulnerable

Dasyurus maculatus Spotted-tailed Quoll Vulnerable Endangered

Nyctophilus corbeni Corben's Long-eared Bat Vulnerable Vulnerable

Vespadelus troughtoni Eastern Cave Bat Vulnerable

Swainsona murrayana Slender Darling Pea Vulnerable Vulnerable

Myriophyllum implicatum Critically Endangered

Commersonia procumbens Vulnerable Vulnerable

Diuris tricolor Pine Donkey Orchid Vulnerable

Site inspection also identified the presence of Myall Woodland in the Darling Riverine Plains, Brigalow

Belt South, Cobar Peneplain, Murray-Darling Depression, Riverina and NSW South Western Slopes

bioregions, which is listed as Endangered under the Biodiversity Conservation Act 2016. This

community is identified as Weeping Myall Endangered Ecological Community in Figure 1.

The following is to be taken into account for the purposes of determining whether a proposed

development or activity is likely to significantly affect threatened species or ecological communities,

or their habitats:

a) in the case of a threatened species, whether the proposed development or activity is likely

to have an adverse effect on the life cycle of the species such that a viable local population

of the species is likely to be placed at risk of extinction,


SMK P a g e | 29

CONSULTANTS


populations of threatened fauna species are mature trees (primarily coolibah and belah) which

support tree hollows of a variety of sizes. No tree clearing will occur in association with the proposed

development, and therefore tree hollow habitat within the locality will be protected.

It is possible that a range of fauna species may forage or otherwise utilise groundcover habitat which

may be temporarily disturbed by the proposed development. However, the habitat value of this

groundcover is not considered to be significant, as the site is heavily denuded by regular grazing

activity.

The proposed development will involve the temporary construction of side tracks alongside Bugilbone

Road, which will result in a minor, temporary decrease in groundcover. No tree or shrub clearing will

occur in association with side track construction. Following completion of construction, the side tracks

will be rehabilitated to their original condition. Given the small footprint of the impact area and the

temporary nature of the disturbance, side track construction is not considered to be likely to

significantly impact upon the viability of any local fauna populations within the region.

Site inspection did not indicate any significant local populations of threatened flora species on site.

The annual nature of some threatened species, however, is such that the species may not have been

visible during the time of the site visit, and therefore it must be assumed that viable populations of

threatened flora species may be present within the region in accordance with the precautionary

principle.

The footprint of the proposed development is small, as it will be confined to narrow strips associated

with construction of the road and side tracks. Ground disturbance has the potential to temporarily

impact upon individuals through the prevention of germination at the location of the side tracks if

germination were to occur during construction. However, it is considered that germination of other

individuals beyond the impact of the development area may continue to occur, ensuring continuation

of the population within the local area.

Over time, rehabilitation of the side tracks would enable future recolonisation of the impact area by

threatened species, using the surrounding protected local populations as a source of seeds. The long-

term impact of the proposed development upon threatened flora species is therefore considered to

be minimal, as there would be no long-term decrease in habitat availability or quality for these species.

b) in the case of an endangered ecological community or critically endangered ecological

community, whether the proposed development or activity:

i. is likely to have an adverse effect on the extent of the ecological community such

that its local occurrence is likely to be placed at risk of extinction, or

ii. is likely to substantially and adversely modify the composition of the ecological

community such that its local occurrence is likely to be placed at risk of extinction,

The ecological community identified near Bugilbone Road is a relatively small and isolated remnant,

which is not connected via vegetation corridors to equivalent communities elsewhere. Therefore, it is

considered that the community adjacent to the proposed development site must be protected from

impacts associated with the development, as the site is significant to ensure the continued local

viability and persistence of the community which is not connected to similar communities elsewhere.


SMK P a g e | 30

CONSULTANTS

The ecological community is located to the eastern side of the road. Construction works will not take

place within the community. Therefore, the primary risk to the identified community in association

with the proposed development is that of indirect impacts.

The proposed development will not result in a significant alteration of the level of the road, and

therefore will not significantly alter drainage patterns.

The site is level, and therefore is not at a high risk of erosion. Erosion and sediment control

management plans will be implemented during construction to minimise the risk of erosion occurring

on site. The proposed development is unlikely to increase the risk of erosion of, or sediment deposition

onto, the endangered ecological community.

Diesel fuel and lubricating oils will be used in the machinery constructing the scheme. There is always

a potential for localised fuel or oil spills to contaminate the environment, however, the quantities of

fuel and oil to be used on site are relatively small and normal operating procedures for refuelling will

minimise any risk associated with an oil spill. Therefore, the risk of pollutant runoff from the subject

site into the ecological community is minimal.

General waste materials would be placed into individual bins or skips that are clearly labelled, so that

waste materials may be kept segregated during collection and storage. Storage on site will occur until

delivery to landfill can be arranged. Delivery to landfill would occur regularly as required to prevent

the accumulation of waste on site. The proposed upgrade will therefore not increase the risk of

degradation on site as a result of litter.

Overall, the development involves the sealing of an existing road. The development will involve

temporary alteration of the groundcover to the west of the ecological community, associated with

side track construction and construction related disturbances. Upon completion of the development,

these areas will be rehabilitated to their original condition. Therefore, the long-term footprint of the

proposed development will be confined to the disturbance footprint associated with the existing road.

The development will subsequently not interfere with the persistence or recovery of the Weeping

Myall Woodlands.

c) in relation to the habitat of a threatened species or ecological community:

i. the extent to which habitat is likely to be removed or modified as a result of the

proposed development or activity, and

The proposed development will involve temporary disturbance of groundcover within the study area.

No tree clearing will be associated with the proposed development. Upon completion of the

development, side tracks and any associated areas of disturbance will be rehabilitated to their original

condition.

ii. whether an area of habitat is likely to become fragmented or isolated from other

areas of habitat as a result of the proposed development or activity, and




potential habitat.


SMK P a g e | 31

CONSULTANTS

iii. the importance of the habitat to be removed, modified, fragmented or isolated to

the long-term survival of the species or ecological community in the locality,

The groundcover to be impacted by the proposed development is moderately to heavily disturbed.

The majority of the development along Bugilbone Road (with the exception of the Dense Cypress

Pine/Box Woodland) is utilised as a Travelling Stock Route, and therefore is regularly disturbed by

grazing stock. The groundcover is heavily denuded along the length of the Travelling Stock Route as a

result of grazing pressures. The habitat value of groundcover at these places is therefore not

considered to be significant, due to the regular and ongoing stressors present at these locations.

At some locations, existing side tracks associated with previous construction/maintenance work on

Bugilbone Road will be utilised to minimise the disturbance footprint of the development.





d) whether the proposed development or activity is likely to have an adverse effect on any

declared area of outstanding biodiversity value (either directly or indirectly),

The Namoi River and its riparian zone is considered to be an Area of Outstanding Biodiversity Value

under the Biodiversity Conservation Act 2016. Bugilbone Road crosses the Namoi River via an existing

bridge, with existing sealed road leading up to and away from it. The bridge and the sealed road are

of suitable standard to support anticipated traffic volumes along Bugilbone Road following completion

of the upgrade. As such, no construction works will take place within the riparian zone of the Namoi

River.

Minor water extraction from the river may occur during construction, via a water truck utilising an

existing access to the river bank. Water extraction will be of small water volumes, and will only occur

during period of moderate to high flow. It is considered that this activity will not adversely impact

upon the river or the riparian zone.

The river will be protected from indirect impacts associated with the development (such as

sedimentation caused by erosion from construction sites) through the development and

implementation of a detailed Construction Environmental Management Plan (CEMP) and Erosion and

Sediment Control Plan (ESCP).

Overall, the proposed development is considered to be unlikely to impact upon the quality of the

Namoi River.

e) whether the proposed development or activity is or is part of a key threatening process or

is likely to increase the impact of a key threatening process.

The action proposed does not constitute nor is it part of a key threatening process, nor is it likely to

result in the operation of, or increase the impact of, a key threatening process.


SMK P a g e | 32

CONSULTANTS

Conclusions The Travelling Stock Route along Bugilbone Road supports a number of ecological assemblages, which function as a significant habitat corridor through an otherwise heavily cleared landscape. The proposed development will not involve any land clearing. The development will involve temporary disturbance of the groundcover within the study area. The long-term disturbance footprint will be associated with the existing disturbance footprint associated with Bugilbone Road. The long-term risk posed by the proposed development to threatened species and ecological communities within the region is therefore minimal. The study area is considered to provide potential habitat for:

• 16 vulnerable fauna species

• 2 endangered fauna species

• 3 vulnerable flora species

• 1 critically endangered flora species

The following threatened ecological communities were identified during site inspection:

• Myall Woodland in the Darling Riverine Plains, Brigalow Belt South, Cobar Peneplain, Murray-

Darling Depression, Riverina and NSW South Western Slopes bioregions

The above assessment was conducted under the provisions of Part 7 of the Biodiversity Conservation

Act 2016 and determined that the proposal would not have a significant impact on any listed

threatened species their habitat and as such further assessment is not required.

Prepared by:

Natasha Livingstone BSc Hons.

Environment and Resource Consultant

References Atlas of NSW Wildlife (accessed 2017). NSW Government Department of Environment and Heritage

Website: http://www.bionet.nsw.gov.au/

http://www.bionet.nsw.gov.au/


SMK

CONSULTANTS

Appendix 3 – Due Diligence and AHIMs Search Results

of 7

39 Frome Street

PO Box 774 Moree NSW 2400

Ph 02 6752 1021

Fax 02 6752 5070 [email protected]

Other offices: Goondiwindi,

Gatton, Brisbane, Miles

www.smk.com

SMK CONSULTANTS surveying – irrigation – environmental - planning ABN 63 061 919 003

Aboriginal Heritage Due Diligence Assessment

Bugilbone Road Upgrade

Background

The proposed development involves bitumen sealing of approximately 25km of Bugilbone Road,

between Pilliga and Burren Junction. Some small sections have been sealed for bridges at present. The

remaining 25 km is unsealed road. The work will involve reconstruction of the subgrade and pavement

surface to allow bitumen seal construction that will support local rural traffic.

This report presents the results of an Aboriginal Due Diligence Assessment on the section of road to

be modified and immediate surrounds.

Aboriginal History

The study area is located between the regional towns of Pilliga and Burren Junction. The area consists

of open plains with interspersed remnants of mainly woodland. The region has been extensively

developed for cropping and grazing. Bugilbone road is an original track linking Pilliga with Burren

Junction to the north. The road crosses the Namoi River but the remaining area consists of open

floodplain, sand ridges and ephemeral flood channels.

The road follows the approximate boundary adopted between the Kamilaroi and Wailwan Nations. A

section of the road runs parallel to the Namoi river which partially forms some of the boundary.

Some archaeological surveys have been undertaken along the road in association with previous road

construction works including the bridge over the Namoi River. A number of archaeological sites have

been officially recorded for sections of Bugilbone road. An AHIMS survey identified 32 Aboriginal

sites within the area (Figure 1). A copy of the AHIMS search is presented below.

http://www.smk.com/

SMK Consultants Page 2 of 7

Figure 1: Aerial image showing Aboriginal object sites recorded by AHIMS

The recorded sites predominantly consist of scarred trees located along watercourse areas that are near

Bugilbone road. Scarring on the trees varies in shape and size with some clusters of trees. The clusters

would suggest a higher or more frequent site of a camp or a site of more significance.

AHIMs also identified a small number of scattered artefacts were also recorded on the floodplains. The

plain area would have supported a wide-open hunting and foraging area traversed during journeys

across the land. Some semi-permanent water would have been present on the open plain area after

flooding or local rain. This would have provided various forms of food as well as temporary camp

sites.

The region’s dominant sources of Aboriginal heritage sites are associated with more permanent water

such as the Namoi River. No major ceremonial grounds have been registered in the AHIMS data base.

The majority of sites are scarred trees within close proximity of the river area. More major sites are

located to the north of the study area in the Collarenebri district. This is a major meeting area

established in the western sector of the Kamilaroi region with connections along the Barwon-Macintyre

River system. The Wailwan Aboriginal people were considered to primarily reside in central western

NSW. The recorded history suggests Wailwan ceremonial gatherings were more centred toward the

Quambone region to the west of the study area and the Macquarie Marshes further to the south.

The Namoi River would be considered as a major migratory route for Aboriginal movements across

the area due to the potential of permanent water. The presence of artefacts such as camp sites and

scarred trees along the river system would be the primary form of artefacts that remain in the area.

Other sites may include artefact scatters (flint) that would potentially be considered random if not

located along a river corridor.

The area consists of clay and sandy soil plains. The presence of rocks is rare other than a small outcrop

of mudstone within the bed of the Namoi River and a highly weathered conglomerate material located

within a sandy ridge. This conglomerate area had previously been impacted during the process of gravel

removal. The presence of harder rock materials such as flint/quartz would potentially be identified as

an artefact due to the absence of this material in the local natural environment.


Archaeological Survey

To follow legislative guidelines, a due diligence assessment process was undertaken. This is considered

the first step of an archaeological impact assessment process to determine the required detail of the

investigation and consultation requirement to meet statutory planning provisions.

The due diligence process involved the following steps:

• AHIMS Register search – a search of the AHIMS to ascertain if there are any known sites

within or adjacent to the subject area

• Assessment of Landscape – assess the study area for the presence, nature and level of

disturbance of landscape features that may contain heritage sites

• Desktop assessment and visual inspection – Physically inspect the proposed development site

for artefacts or signs of aboriginal presence.

• If aboriginal artefacts are located, further assessment is required in conjunction with an

archaeologist and the Local Aboriginal community representatives

• If disturbance to the area is not considerable and there is no presence of aboriginal artefacts or

other signs, a standard summary of the work is to be prepared and the development can proceed

subject to approvals.

Survey Results

A search of the NSW AHIMS register indicated that there are 32 recorded sites along this section of

road. This detail has resulted from previous surveys of sections of the road which have been upgraded

to a bitumen seal or a new bridge has been constructed. GPS coordinates for these sites were uploaded

to allow identification of these sites in the field.

The route of the road upgrade was then traversed by vehicle to locate the existing artefact sites. A

number of were identified from the GPS coordinate locations. Some sites were located outside of the

road reserve on private land. These sites were considered well removed from the road work area.

Other sites identified by the AHIMS database were located away from the side of the road, and

therefore were not identified during the site survey. These sites remained intact and surrounded by

relatively undisturbed vegetation.

Once AHIMS sites were identified, a second traverse of the road reserve area was undertaken by

vehicle to identify other areas that may contain artefact sites. Based on the existing data, the most

common artefact would consist of a scarred tree. The woodland areas within the road reserve were

traversed on foot to inspection mature trees that may contain artefacts. Additional areas which may be

disturbed by the works, including potential side track sections were also traversed on foot to examine

the ground for other artefacts including stones.

Five additional potential scarred trees were identified in the road reserve area. The scarring on these

trees could potentially be the result of Aboriginal activity or normal damage from storms or clearing

along the road and fence areas associated with the road boundary. Registration submissions will be

made for these five sites.

Overall, a total of seven scarred trees were identified along the length of Bugilbone Road during the

site visit. The locations of these trees is outlined in Figure 2.


Figure 2: Artefacts Identified During Site Survey

The following trees are considered to have the potential to be in close proximity to activities associated

with construction of Bugilbone Road:

• Tree Number 2: This tree is located adjacent to Turragulla Creek. The tree’s location is such

that it will not be located near a side track or a similar form of disturbance (such as a spoil

heap). However, it is likely that construction workers may utilise the site as a resting spot during

work breaks. As such, this tree should be clearly identified and taped off during construction

work and that workers be notified as to the location and significance of the tree, to minimise

the risk of accidental harm occurring on site.

• Tree Numbers 4 and 5: These trees are located adjacent to the existing site access to the Namoi

River, which will be utilised on occasion by a water truck. Other scarred trees have been

previously recorded on the upstream side of the Namoi River bridge. These trees should be

clearly identified and taped off during the construction period to minimise the risk of accidental

harm occurring to these trees during the road upgrade.

• Tree Number 7: This tree is located approximately 30m from the edge of Bugilbone Road.

The tree should be clearly identified and taped off during the construction period to minimise

the risk of accidental harm occurring to the tree. If a side track is to be constructed along this

area of road, it is recommended that the side track be constructed on the eastern side of the road,

as the tree is located on the western side of the road, to minimise the risk of harm. If this is not

possible due to other site constraints (e.g. avoiding land clearing), then it is recommended that

the side track does not pass within a 10m radius of the tree.

GPS coordinates (MGA Zone 55) of Trees 2, 4, 5 and 7 are outlined in Table 1. It should be noted that

GPS coordinates are indicative of the approximate, rather than exact, locations of the trees.


Table 1: Coordinates of Modified Trees (MGA Zone 55)

Tree Number Eastings Northings

2 674900 6645750

4 and 5 674988 6649697

7 686584 6659943

Figure 3: Scar Trees Identified During Site Visit. From Top Left, Moving Clockwise: Tree

Number 2, Tree Number 4, Tree Number 5, Tree Number 7


Discussion

The investigation identified that 32-artefact sites had been previously identified within the region

surrounding Bugilbone Road. These sites primarily consisted of scarred trees. The majority of these

sites are not located within the road corridor, as indicated by the AHIMS database. These sites are

outside of the proposed development area and therefore not subject to any potential impact from the

road work activity.

The remaining AHIMS sites were identified during the site visit. An additional five scarred trees, not

recorded in AHIMS, were also identified during the site visit. Four of these five sites were located

within close proximity to AHIMS records near the Namoi River. As the spatial accuracy of AHIMS

records is not know, there is a possibility that these sites correspond to AHIMS records. The five new

sites will be submitted to AHIMS for registration.

Four sites have the potential to be impacted by the proposed development.

Site 2 is located adjacent to an area that already has been bitumen sealed and therefore would not be

subjected to impact of the proposed works. The tree associated with this site would provide an ideal

shade area that may be utilised for this purpose. The tree should therefore be identified and an exclusion

zone established prior to work being undertaken on the road.

Sites 4 and 5 are located on the downstream side of the Namoi River bridge. These sites were not

located as part of other sites that are already registered at the bridge. A side track has been constructed

around these trees which is used by local fisherman and potentially water trucks if the river is utilised

for a source of construction water. The trees should be marked with an exclusion zone to prevent any

damage.

Site 7 is a large mature tree located outside of the area that would be disturbed by the road work. It is

in the road verge at a distance of approximately 30m from the existing road edge. Road construction

along this section may involve construction of a temporary side track. Sufficient width is available to

construct this side track without disturbing the tree. Prior to road construction works, the tree should

be identified, marked and protected by an exclusion zone.

None of the artefacts previously identified or identified during this investigation are considered to

require salvage prior to the road works being undertaken. The project is not considered to require an

Aboriginal Heritage Cultural Heritage Report to further investigate the sites identified.

The sites identified in this report will need to be excluded from the work zone to ensure that they remain

protected in accordance with the NPW Act 1974. Exclusion would involve temporary fencing if works

are to be undertaken within 20m of the tree. In this instance, exclusion tapes should be erected to ensure

that works remain outside a 10m radius from the tree to ensure no root damage occurs.

Conclusions

The following presents a summary of the site investigation:

• The section of Bugilbone road subject to bitumen sealing has several potential artefact sites in

addition to artefacts which have been registered under AHIMS.

• The proposed works will not impact on the majority scarred trees and artefacts identified on the

AHIMS database, nor on potential scarred trees (subject to registration process) which are

outside of the potential impact area for road construction.

• Scarred trees which are within proximity to the construction area should be protected by

appropriate barriers and marked with high visibility prior to works within potential impact

range as discussed above. Therefore, these trees will not be impacted by the development.

• No other artefact sites were identified along the road verge area.

• The proposed development is not considered to impact on recorded or identified artefact sites

and therefore no salvage or removal processes are required for the works.


• It is expected that some sites of significance would be present along natural watercourse areas

supporting woodland adjacent to the road reserve and therefore works should limit the area of

impact to a minimum.

• If additional sites are identified, appropriate protocol as detailed below should be followed.

The result of this investigation has therefore determined that the likelihood of disturbing sites or objects

of aboriginal cultural significance are low. On this basis, it can be concluded that there is no specific

requirement to engage with the local Aboriginal community through an Archaeologist to undertake a

more detailed investigation of the road area.

On this basis, the development may proceed with only limited constraints regarding Aboriginal

heritage. The limited constraints are presented in the following management recommendations.

Management Recommendations

It is recommended that appropriate care and responsibilities form part of any approval or development

process to occur on this site. These responsibilities include protection of existing sites recorded under

the AHIMS data base and protection of other potential scarred or modified trees that are observed

during the works.

Once know sites are protected, the following procedure should be adopted if a site is identified during

construction of works. The following protocol is adopted from Office of Environment and Heritage for

“Unanticipated Finds Protocol”. This should form part of the site induction process:

If any Aboriginal object is discovered and/or harmed in, or under the land, while undertaking the

development activities, the Proponent must:

• Not further harm the object

• Immediately cease all work at the particular location

• Secure the area so as to avoid further harm to the Aboriginal object

• Notify OEH as soon as practical on 131 555 providing any details of the Aboriginal object and

its location

• Not recommence any work at the particular location unless authorised in writing by OEH

• In the event of skeletal remains are encountered during the activity, work must stop

immediately, the area secured to prevent unauthorised access and the NSW Police and OEH

are contacted.

It should be noted that the proponent and any subsequent employees or agents are advised that it is an

offence under the National Parks and Wildlife Act 1974 to destroy, deface or otherwise disturb an

Aboriginal Object without first obtaining the consent of the Director General of NSW NPWS.

Prepared by:

Peter Taylor B.Sc. MEIANZ

Environmental and Resource Consultant

SMK Consultants

AHIMS Web Services (AWS)Search Result Purchase Order/Reference : REF Road

Client Service ID : 307044

Date: 16 October 2017SMK Consultants

P O Box 774

Moree New South Wales 2400

Dear Sir or Madam:

AHIMS Web Service search for the following area at Lat, Long From : -30.3519, 148.8061 - Lat, Long To :

-30.1635, 148.9541 with a Buffer of 0 meters, conducted by Natasha Livingstone on 16 October 2017.

Email: [email protected]

Attention: Natasha Livingstone

The context area of your search is shown in the map below. Please note that the map does not accurately

display the exact boundaries of the search as defined in the paragraph above. The map is to be used for

general reference purposes only.

A search of the Office of the Environment and Heritage AHIMS Web Services (Aboriginal Heritage Information

Management System) has shown that:

32

0

Aboriginal sites are recorded in or near the above location.

Aboriginal places have been declared in or near the above location. *

If your search shows Aboriginal sites or places what should you do?

Important information about your AHIMS search

You can get further information about Aboriginal places by looking at the gazettal notice that declared it.

Aboriginal places gazetted after 2001 are available on the NSW Government Gazette

(http://www.nsw.gov.au/gazette) website. Gazettal notices published prior to 2001 can be obtained from

Office of Environment and Heritage's Aboriginal Heritage Information Unit upon request

Aboriginal objects are protected under the National Parks and Wildlife Act 1974 even if they are not recorded

as a site on AHIMS.

You must do an extensive search if AHIMS has shown that there are Aboriginal sites or places recorded in the

search area.

If you are checking AHIMS as a part of your due diligence, refer to the next steps of the Due Diligence Code of

practice.

AHIMS records information about Aboriginal sites that have been provided to Office of Environment and

Heritage and Aboriginal places that have been declared by the Minister;

Information recorded on AHIMS may vary in its accuracy and may not be up to date .Location details are

recorded as grid references and it is important to note that there may be errors or omissions in these

recordings,

Some parts of New South Wales have not been investigated in detail and there may be fewer records of

Aboriginal sites in those areas. These areas may contain Aboriginal sites which are not recorded on AHIMS.

This search can form part of your due diligence and remains valid for 12 months.

The information derived from the AHIMS search is only to be used for the purpose for which it was requested.

It is not be made available to the public.

3 Marist Place, Parramatta NSW 2150

Locked Bag 5020 Parramatta NSW 2220

Tel: (02) 9585 6380 Fax: (02) 9873 8599

ABN 30 841 387 271

Email: [email protected]

Web: www.environment.nsw.gov.au

AHIMS Web Services (AWS)Extensive search - Site list report

SiteID SiteName Datum Zone Easting Northing Context SiteFeatures SiteTypes Reports

Your Ref/PO Number : 17/292 Walgett Road


Site Status

19-1-0004 WN8;Narrabri; AGD 55 687636 6657554 Open site Valid Artefact : - Open Camp Site 84

PermitsRex SilcoxRecordersContact

19-1-0005 WN7;Narrabri; AGD 55 687196 6658027 Open site Valid Artefact : - Open Camp Site 84

PermitsRex SilcoxRecordersContact

19-1-0010 Pilliga BB1 AGD 55 675275 6649301 Open site Valid Modified Tree

(Carved or Scarred) :

-

Scarred Tree 827

PermitsMargrit KoettigRecordersContact



-

Scarred Tree 827




-

Scarred Tree 827




-

Scarred Tree 827




-

Scarred Tree 827


19-1-0033 CB / IF 1,2,3; AGD 55 674900 6645700 Open site Valid Artefact : - Isolated Find

PermitsMr.Neville BakerRecordersContact

19-1-0034 CB1, CB2, CB3; AGD 55 674900 6645750 Open site Valid Modified Tree


-

Scarred Tree 99333

PermitsMr.Neville BakerRecordersContact

19-1-0041 BBS; Pilliga LALC; Namoi River ST 4 AGD 55 674740 6649279 Open site Valid Modified Tree


1

99067

PermitsLeila McAdam,Pilliga LALCRecordersContact



1

99067


Report generated by AHIMS Web Service on 16/10/2017 for Natasha Livingstone for the following area at Lat, Long From : -30.3519, 148.8061 - Lat, Long To : -30.1635, 148.9541 with a Buffer

of 0 meters. Additional Info : Information used to supplement a Review of Environmental Factors assessment. Number of Aboriginal sites and Aboriginal objects found is 32

This information is not guaranteed to be free from error omission. Office of Environment and Heritage (NSW) and its employees disclaim liability for any act done or omission made on the information and consequences of such

acts or omission.

Page 1 of 4





Site Status

19-1-0043 BBS; Pilliga LALC; Turragulla Ck ST 1 AGD 55 675758 6646552 Open site Valid Modified Tree


1

99067


19-1-0044 BBS; Pilliga LALC; Turragulla Ck ST2 AGD 55 675769 6646536 Open site Valid Modified Tree


1

99067


19-1-0045 BBS; Pilliga LALC; Fairfield private property; ST 1 & Reburial AGD 55 679303 6642157 Open site Valid Modified Tree


1, Burial : 1

99067


19-1-0058 BBS; Pilliga LALC; Oakey Ck ST 6 AGD 55 682680 6640686 Open site Valid Modified Tree


1

99067

PermitsPhil Purcell,Pilliga LALCRecordersContact

19-1-0046 BBS; Pilliga LALC; Pilliga Lagoon ST 1 AGD 55 679503 6641089 Open site Valid Modified Tree


1

99067




1

99067




1

99067


19-1-0053 BBS; PiIliga LALC; Namoi River ST 3 AGD 55 674699 6649331 Open site Valid Modified Tree


1

99067




-

Scarred Tree 827

94PermitsMargrit KoettigRecordersContact

19-1-0071 Oaky Creek Scar Tree 10 AGD 55 682732 6640570 Open site Valid Modified Tree


1

PermitsMr.Mervyn SutherlandRecordersContact




acts or omission.

Page 2 of 4





Site Status



1




1




1




1




1




1, Artefact : 3




1




1




1




1





acts or omission.

Page 3 of 4





Site Status



1





acts or omission.

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