epbc act compliance report - main roads western australia · epbc act compliance report tonkin...

Printed copies are uncontrolled unless marked otherwise.

D17#638356 September 2017

EPBC Act Compliance Report Tonkin Grade Separation, North of Benara and Extending south of Collier Road, Bayswater, Western Australia (EPBC 2014/7385)

Tonkin Grade Separation

EPBC Approval 2014/7385 Compliance Report - September 2017

Page 1 of 14

Report Compilation & Review

Name and Position Date Document Revision

Author Fiona van Rijnswoud (Environment Officer) 16 August 2017 Draft v1

Reviewer John Braid (Principal Environment Officer) 04 September 2017

Author Fiona van Rijnswoud (Environment Officer) 06 September 2017

Draft v2



Page 2 of 14

Contents 1 INTRODUCTION ................................................................................................................... 3

1.1 Approval under the Environment Protection and Biodiversity Conservation Act 1999 ............ 3

1.2 Purpose of this Report ........................................................................................................... 3

2 COMPLIANCE ....................................................................................................................... 4

3 APPENDICES ....................................................................................................................... 7

Figure 1a: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Guildford Road to Collier Road section ................................................................................................... 8

Figure 1b: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Collier Road to Broun Avenue section ........................................................................................................... 9

Figure 1c: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Broun Avenue to Morley Drive section ................................................................................................. 10

Figure 1d: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Morley Drive to Benara Road section ............................................................................................................ 11

Attachment 1: Notification to the Department of non-compliance with EPBC 2014/7385 Condition 2 ............................................................................................................... 12

Attachment 2: Notification to the Department of commencement of the action ..................... 14



Page 3 of 14

1 INTRODUCTION

The Tonkin Highway Grade Separation project (the ‘Project’) forms part of the greater Perth Darwin National Highway improvement project (‘Northlink’) and involves the upgrade of Tonkin Highway to full freeway standard to facilitate the flow of traffic through to the Swan Valley section.

The objectives of the Project are to:

- Improve freight capacity, efficiency and productivity; - Reduce urban congestion now and into the future; - Improve road safety in line with the State “Towards Zero” policy; - Maximise sustainability through economic, social and environmental responsibility; and - Improve amenity for the community, tourists and road users.

Key construction works of the Project include:

Upgrading Tonkin Highway to a six-lane highway between Guildford Road and Reid Highway including side and median shoulders;

Constructing a new interchange at Collier Road. Collier Road will be realigned and raised to go over Tonkin Highway, with on and off ramps connecting the two roads. This interchange will be similar to the ones at Tonkin Highway and Horrie Miller Drive, and Leach Highway and Abernethy Road;

Constructing a new interchange at Morley Drive. This includes a roundabout at ground level on Morley Drive that will connect with a raised Tonkin Highway;

Allowance for future rail infrastructure; A flyover at Benara Road over Tonkin Highway; and New cycling and pedestrian facilities including a four-meter wide shared path alongside Tonkin

Highway from Guildford Road to Ellenbrook.

1.1 Approval under the Environment Protection and Biodiversity Conservation Act 1999

The Project was referred to the Department of Environment and Energy (DoEE; the ‘Department’) for assessment under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) as the Project was deemed to potentially impact significantly on the listed threatened species, Carnaby’s Black Cockatoo (Calyptorhynchus latirostris) and the Forest Red-tailed Black Cockatoo (Calyptorhynchus banksia naso). The Department issued approval of the Project on 7 December 2015 (EPBC 2014/7385) and included a number of conditions that Main Roads Western Australia (‘Main Roads WA’) is required to fulfil.

1.2 Purpose of this Report

Construction of the Project commenced on 10 June 2016. This compliance report has been produced as required by Condition 4 of approval EPBC 2014/7385. Table 1 of this report outlines the compliance with each approval condition over the 12 month period 10 June 2016 to 10 June 2017.



Page 4 of 14

2 COMPLIANCE

Table 1: 2014/7385 Compliance with EPBC Approval

Condition Number

Condition Status

1 In order to minimise impacts to black cockatoos the approval holder must comply with WA approval conditions 1-1, 1-2 and 1-3.

Compliant.

Condition 1-1: Purpose for which clearing may be done

Clearing undertaken to date has been done so only for the purpose of the Tonkin Grade Separation Project which is referred to in the WA approval documentation (CPS 6456/1) as ‘Tonkin Highway Upgrade’. 11.7 hectares have been cleared for the purpose of the Tonkin Highway Upgrade

Condition 1-2: Land on which clearing is to be done

Clearing undertaken to date occurs within all land parcels listed under Condition 1-2 of CPS 6456/1. No clearing has occurred outside of the approved area specified in CPS 6456/1.

Condition 1-3: Area of clearing

11.7 hectares of the approved 15.38 hectares of clearing has occurred to date.

Refer to Figures 1a-1d

2

To offset the loss of black cockatoo habitat, prior to commencement, the approval holder must provide the Department with written evidence that the offset was transferred to the Conservation Commission as an environmental offset. The written evidence must include the offset attributes and a shapefile.

Non-compliant.

Main Roads WA has not provided the Department with written evidence (Including offset attributes and a shapefile) that the offset was transferred to the Conservation Commission.

Lot M2091 Ioppolo Road was acquired by the Department of Biodiversity, Conservation and Attractions (DBCA) in late 2013 with funds provided by Main Roads WA. DBCA are in



Page 5 of 14

Condition Number

Condition Status

the process of creating a conservation reserve that will be vested with the Conservation Commission. DBCA are currently managing the property as part of the conservation estate until a reserve is created and the reserve is vested with the Conservation Commission. Main Roads WA are unable to influence the creation of the reserve in order to vest the property with the Conservation Commission, as the property is owned by DBCA.

The Department was notified of this non-compliance on 06 September 2017. Refer to Attachment 1.

3

Within 14 days after the commencement of the action, the approval holder must advise the Department in writing of the actual date of commencement.

Non-Compliant.

Commencement of the action was on 10 June 2016 and Main Roads WA notified the Department in writing on 30 June 2016.

The Department was notified of this non-compliance on 06 September 2017.

Refer to Attachments 1 and 2.

4

Within three months of every 12 month anniversary of the commencement of the action, the approval holder must publish a report on their website addressing compliance with each of the conditions of this approval. Documentary evidence providing proof of the date of publication and non-compliance with any of the conditions of this approval must be provided to the Department at the same time as the compliance report is published. The approval holder must continue to publish the report until such time as agreed in writing by the Minister.

Compliant.

This 2017 compliance report will be published on the Main Roads WA website prior to 10 September 2017 and documentary evidence of the date of publication will be sent to the Department at the same time. The Department will also be sent a copy of this 2017 compliance report.



Page 6 of 14

Condition Number

Condition Status

5

Upon the direction of the Minister, the approval holder must ensure that an independent audit of compliance with the conditions of approval is conducted and a report submitted to the Minister. The independent auditor must be approved by the Minister prior to the commencement of the audit. Audit criteria must be agreed to by the Minister and the audit report must address the criteria to the satisfaction of the Minister.

Not applicable.

To date, no direction has been received from the Minister to undertake an independent audit of compliance with the conditions of approval EPBC 2014/7385.

6

The approval holder must maintain accurate records substantiating all activities associated with or relevant to the conditions of the approval, including measures taken to implement the Plans or Surveys required by this approval, and make them available upon request to the Department. Such records may be subject to audit by the Department or an independent auditor in accordance with the conditions of approval. Summaries of audits will be posted on the Department’s website. The results of audits may also be publicised through the general media.

Compliant.

Main Roads WA has maintained in accordance with this condition and their legal obligations, under the State Records Act 2000 (Western Australia).



Page 7 of 14

3 APPENDICES

Figure 1a: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Guildford Road to Collier Road section

Figure 1b: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Collier Road to Broun Avenue section

Figure 1c: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Broun Avenue to Morley Drive section

Figure 1d: Authorised clearing area (CPS 6456/1 Condition 1.1-1.3) – Morley Drive to Benara Road section

Attachment 1: Notification to the Department of non-compliance with EPBC 2014/7385

Attachment 2: Notification to the Department of commencement of the action



Page 8 of 14

Figure 1a:



Page 9 of 14

Figure 1b:



Page 10 of 14

Figure 1c:



Page 11 of 14

Figure 1d:



Page 12 of 14

Attachment 1: Notification to the Department of non-compliance with EPBC 2014/7385



Page 13 of 14



Page 14 of 14

Attachment 2: Notification to the Department of commencement of action

epbc act compliance report - main roads western australia · epbc act compliance report tonkin...

Documents