ncs/2016/2519 information sheet - species management program€¦ · the use of an approved species...

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Information sheet Page 1 of 16 NCS/2016/2519 Version 1.05 Effective: 03 MAY 2016 ABN 46 640 294 485 Species Management Program Requirements for tampering with a protected animal breeding place in Queensland This document has been developed by the Department of Environment and Science (DES) and describes the minimum requirements for the development of a Species Management Program (SMP) as an ‘approved species management program’ under the Nature Conservation (Wildlife Management) Regulation 2006. 1. Purpose ..........................................................................................................................................2 2. Background ....................................................................................................................................2 3. Legislative requirements ...............................................................................................................4 3.1 Queensland Government requirements ......................................................................................4 3.1.1 Nature Conservation Act 1992 .............................................................................................................4 3.1.2 Nature Conservation (Wildlife Management) Regulation 2006 .........................................................4 3.1.3 Koala Habitat..........................................................................................................................................5 3.1.4 Flying-fox roosts ...................................................................................................................................5 4. Survey Requirements ....................................................................................................................5 4.1 Suitably qualified and experienced person ..................................................................................5 4.2 Survey conduct ...........................................................................................................................5 5. Species Management Program Requirements.............................................................................5 5.1 Approved species management program....................................................................................6 5.1.1 Standard SMP documents ....................................................................................................................6 5.1.2 Additional requirements for SMP high risk of impact ....................................................................6 5.2 Application ..................................................................................................................................8 5.2.1 Department contact details ..................................................................................................................8 5.2.2 Notification requirements .....................................................................................................................9 5.3 Approval .....................................................................................................................................9 5.4 Updates to approvals ................................................................................................................ 10 6. Reporting requirements .............................................................................................................. 10 7. Key definitions ............................................................................................................................. 10 Appendix 1 - Species Management Program for tampering with animal breeding places - low risk of impacts - least concern animals (excluding special least concern or colonial breeders) .................. 14 Appendix 2 - Species Management Program for tampering with animal breeding places - high risk of impacts - all protected wildlife including special least concern animals and colonial breeders..... 15

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Page 1: NCS/2016/2519 Information sheet - Species Management Program€¦ · The use of an approved species management program (SMP) is described and the standard requirements are outlined

Information sheet

Page 1 of 16 • NCS/2016/2519 • Version 1.05 • Effective: 03 MAY 2016 ABN 46 640 294 485

Species Management Program

Requirements for tampering with a protected animal breeding place in Queensland

This document has been developed by the Department of Environment and Science (DES) and describes the minimum

requirements for the development of a Species Management Program (SMP) as an ‘approved species management

program’ under the Nature Conservation (Wildlife Management) Regulation 2006.

1. Purpose .......................................................................................................................................... 2

2. Background .................................................................................................................................... 2

3. Legislative requirements ............................................................................................................... 4

3.1 Queensland Government requirements ...................................................................................... 4

3.1.1 Nature Conservation Act 1992 ............................................................................................................. 4

3.1.2 Nature Conservation (Wildlife Management) Regulation 2006 ......................................................... 4

3.1.3 Koala Habitat.......................................................................................................................................... 5

3.1.4 Flying-fox roosts ................................................................................................................................... 5

4. Survey Requirements .................................................................................................................... 5

4.1 Suitably qualified and experienced person .................................................................................. 5

4.2 Survey conduct ........................................................................................................................... 5

5. Species Management Program Requirements ............................................................................. 5

5.1 Approved species management program .................................................................................... 6

5.1.1 Standard SMP documents .................................................................................................................... 6

5.1.2 Additional requirements for SMP – high risk of impact .................................................................... 6

5.2 Application .................................................................................................................................. 8

5.2.1 Department contact details .................................................................................................................. 8

5.2.2 Notification requirements ..................................................................................................................... 9

5.3 Approval ..................................................................................................................................... 9

5.4 Updates to approvals ................................................................................................................ 10

6. Reporting requirements .............................................................................................................. 10

7. Key definitions ............................................................................................................................. 10

Appendix 1 - Species Management Program for tampering with animal breeding places - low risk of

impacts - least concern animals (excluding special least concern or colonial breeders) .................. 14

Appendix 2 - Species Management Program for tampering with animal breeding places - high risk

of impacts - all protected wildlife including special least concern animals and colonial breeders. .... 15

Page 2: NCS/2016/2519 Information sheet - Species Management Program€¦ · The use of an approved species management program (SMP) is described and the standard requirements are outlined

Information sheet

Species Management Program Requirements for tampering with a protected animal breeding place in

Queensland

Page 2 of 16 • NCS/2016/2519 • Version 1.05 • Effective: 03 MAY 2016 Department of Environment and Science

1. Purpose

This information sheet explains the expected principles and protocols for tampering with animal breeding places

for environmental consultants and proponents. The use of an approved species management program (SMP) is

described and the standard requirements are outlined to achieve a consistent approach in the consideration of

the impact of proposals on all identified animal breeding places. This document provides the details required to

ensure that species management programs are presented to the Department of Environment and Science

(DES) in an appropriate format for assessment.

2. Background

The object of the Nature Conservation Act 1992 (NCA) is the conservation of nature, which is to be achieved

through the protection of wildlife and its habitat, and the ecological sustainability of any use of protected wildlife.

For any proposed activity that will impact on breeding places of protected animals that are classified as extinct

in the wild, endangered, vulnerable, near threatened (EVNT), special least concern, colonial breeder or least

concern, an SMP for that species will be required. Animal breeding places include obvious structures such as

bird nests and tree hollows, as well as more cryptic places such as amphibian or reptile habitat where breeding

takes place.

The purpose of an SMP is to:

Assess the threats to native animal breeding places resulting from a planned activity.

Incorporate management actions that will avoid or minimise both the immediate and the long term impact of

removing or altering an animal breeding place.

Set monitoring and reporting requirements that demonstrate the management actions in the SMP are

effectively implemented and produce the intended results.

SMPs do not give authority for a planned activity, such as clearing or removal of habitat (excluding animal

breeding places), as these are potentially addressed under other approval systems such as the Sustainable

Planning Act 2009, Vegetation Management Act 1999 and NCA Protected Plants Clearing Permits.

An SMP is required from DES in order to authorise proposed interference with all animal breeding places for the

following classes of protected animals:

Least concern animals; or

Least concern animals that are colonial breeders, and therefore whose broader populations are at greater

risk from the impacts of events at a single location; or

Special least concern animals (as prescribed in the Nature Conservation (Wildlife) Regulation 2006 (the

Wildlife Regulation)); or

Near threatened animals (as prescribed in the Wildlife Regulation or the (Commonwealth) Environmental

Protection and Biodiversity Conservation Act 1999 (the EPBC Act); or

Vulnerable animals (as prescribed in the Wildlife Regulation or EPBC Act); or

Endangered animals (as prescribed in the Wildlife Regulation or EPBC Act).

Page 3: NCS/2016/2519 Information sheet - Species Management Program€¦ · The use of an approved species management program (SMP) is described and the standard requirements are outlined

Information sheet

Species Management Program Requirements for tampering with a protected animal breeding place in

Queensland

Page 3 of 16 • NCS/2016/2519 • Version 1.05 • Effective: 03 MAY 2016 Department of Environment and Science

An SMP is only required where an animal breeding place, as defined under section 332 of the Nature

Conservation (Wildlife Management) Regulation 2006, has been identified and activities are proposed that

would tamper with the breeding place in order to complete the scope of works.

The process and requirements for tampering with the breeding place of a protected animal in Queensland is

provided in the Flowchart, below. This also depicts the process for determining whether an SMP is required for

a particular project.

Flowchart: Process for determining when an approved species management program is required.

Undertake field fauna survey to determine

animal breeding places

Have you completed a desktop survey?

Undertake desktop assessment to determine

what species of fauna may be onsite

SMP not required

Were any animal breeding places as defined in section 332(2) of the

Nature Conservation (Wildlife Management) Regulation present?

Approved SMP required

Yes

No Yes

No

Field survey identified breeding place of least

concern species only (excluding special least

concern and colonial breeders)

Approved SMP – low risk of impacts required for

least concern species only

Approved SMP- high risk of impacts required for all

protected animals

Field survey identified breeding place of least concern;

colonial breeders; special least concern; extinct in the wild;

endangered; vulnerable; or near threatened species.

Does the person removing or tampering with the breeding place hold a damage

mitigation permit for the species identified and the permit authorises the removal

or tampering?

No

Yes

Apply for approval at [email protected] as

per section 5.2 of this guideline.

Apply for approval at [email protected] as per section

5.2 of this guideline. Include animal breeding place

assessment report and impact management plan as per

Table 1 of this guideline.

Is the removal or tampering of the animal breeding place part of an approved SMP

for animals of the same species? Yes

No

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Species Management Program Requirements for tampering with a protected animal breeding place in

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Page 4 of 16 • NCS/2016/2519 • Version 1.05 • Effective: 03 MAY 2016 Department of Environment and Science

3. Legislative requirements

3.1 Queensland Government requirements

3.1.1 Nature Conservation Act 1992

Under section 88 of the Act, a person must not take, keep or use a protected animal unless authorised, such as

by the grant of a licence or permit or under the authority of a conservation plan, unless:

(a) the taking happened in the course of a lawful activity that was not directed towards the taking; and

(b) the taking could not have been reasonably avoided.

Maximum penalty—3000 penalty units or 2 years imprisonment.

Note: The taking of a protected animal is not authorised under an SMP. Under the NCA, a separate wildlife

authority such as a damage mitigation permit (culling and dispersal of wildlife) is required.

3.1.2 Nature Conservation (Wildlife Management) Regulation 2006

The Wildlife Management Regulation prohibits tampering with an animal breeding place except under specific

conditions which include the activity being part of an approved SMP.

Section 332 of the Wildlife Management Regulation states:

(1) A person must not, without a reasonable excuse, tamper with an animal breeding place that is being

used by a protected animal to incubate or rear the animal’s offspring.

Maximum penalty—165 penalty units.

(2) For subsection (1), an animal breeding place is being used by a protected animal to incubate or rear the

animal’s offspring if—

the animal is preparing, or has prepared, the place for incubating or rearing the animal’s offspring; or

the animal is breeding, or is about to breed, and is physically occupying the place; or

the animal and the animal’s offspring are physically occupying the place, even if the occupation is only

periodical; or

the animal has used the place to incubate or rear the animal’s offspring and is of a species generally

known to return to the same place to incubate or rear offspring in each breeding season for the animal.

(3) It is a reasonable excuse for a person to tamper with the breeding place if—

the tampering happened in the course of a lawful activity that was not directed towards the tampering;

and

the tampering could not have been reasonably avoided.

(4) Also, subsection (1) does not apply to a person removing or otherwise tampering with the breeding

place if—

the removal or tampering is part of an approved species management program for animals of the same

species; or

the person holds a damage mitigation permit for the animal and the permit authorises the removal or

tampering.

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3.1.3 Koala Habitat

Koalas are not included in SMP documentation, as koalas do not use a habitual breeding place. The clearing of

vegetation in which koalas are present should be viewed as clearing of koala habitat rather than clearing of a

koala breeding place. Special requirements apply to the disturbance of koala habitat, such as sequential

clearing, having a koala spotter in attendance and limits on the area of habitat that can be cleared at any one

time. Refer to the following documents:

• South East Queensland Koala Conservation State Planning Regulatory Provision; and

• Nature Conservation (Koala) Conservation Plan 2006 and Management program 2006 - 2016.

3.1.4 Flying-fox roosts

Disturbance of a flying-fox roost (genus Pteropus) is dealt with specifically under section 88C of the Act and

section 41A of the Wildlife Management Regulation. An SMP does not authorise a person to destroy, drive

away, attempt to drive away or disturb a flying-fox roost. DES must be contacted directly to discuss any

proposed activity relating to flying-foxes and flying-fox roosts.

4. Survey Requirements

A survey for an animal breeding place is required in order to comply with the delegate approval process as an

“approved species management program”

4.1 Suitably qualified and experienced person

Surveys are to be coordinated and led by a person experienced in conducting fauna surveys, wildlife ecology

and/or environmental management, including the identification of animal breeding places for EVNT, special

least concern or colonial breeding species. In this instance, the suitably qualified and experienced person must

meet one or more of the following criteria:

• An ecological consultant with experience in conducting surveys for animal breeding places;

• A person who possesses a degree in natural science or similar with experience in conducting surveys

for animal breeding places;

• A person who is a spotter-catcher under a rehabilitation permit issued under the NCA.

4.2 Survey conduct

A reasonable attempt must be made as part of any survey for animal breeding places to identify those that

belong to birds and mammals as a priority.

Reptile breeding places are considered by DES to be impractical to identify in most circumstances. As a

consequence, surveying for them specifically is not necessary. Should the surveyors become aware of a

specific reptile breeding site on a property, prior to the survey, then the surveyor must make a reasonable

attempt to find it and identify the site on the survey.

5. Species Management Program Requirements

For any activity that will impact on an animal breeding place, an entity must apply in writing to DES for the

approval of an SMP to tamper with an animal breeding place.

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5.1 Approved species management program

5.1.1 Standard SMP documents

The department has standard documents which form the conditions of approval to tamper with an animal

breeding place. An entity can request approval to use these standard documents prior to any works being

undertaken on a project site.

Depending on the species, proponents may use one of the following SMP documents:

1. Species management program for tampering with animal breeding places - low risk of impacts - least concern

animals (excluding special least concern or colonial breeders). Generally the only additional information

required to be supplied is a map or plan of the proposed impact area.

2. Species Management Program for tampering with animal breeding places - high risk of impacts - all other

protected animals including special least concern animals and colonial breeders. Additional information tailored

for the identified species will be required (refer to section 5.1.2).

Refer to Appendix 1 and Appendix 2 to view the terms and conditions of these documents prior to making an

application to the department for the approval of an SMP.

5.1.2 Additional requirements for SMP – high risk of impact

An additional report must be provided as an appendix to the template SMP - high risk of impacts (all protected

animals, other than least concern animals but including special least concern animals and colonial breeders).

Information required in the report is detailed in Table 1 below.

Table 1: Additional information required for SMP high risk of impacts

Item Information required Assessment Consideration Yes / No

Application details

1. Application Applicant details The applicant has provided name, address, phone number, as well as the following:

Registered legal entity name (not a business trading name)

Trading name (if applicable)

Contact details including registered business address (not apost office box), including permanent Queensland address.

ABN/ACN, or title and section of legislation under whichcorporation has legal status

Name of principal of corporation

Details of nominated person in charge where the approvedactivity is to be undertaken.

Location details The applicant has provided the items listed:

A map or plan of the proposed impact area including scale.

A description of the location including address and registeredlot and plan details.

Any other relevant project documentation.

Approved agents Applicant specifies the agents approved to operate under the program including suitably qualified and experienced persons, authorised wildlife carer and veterinarian.

Terms

1. Terms ofapproval

Duration Applicant specifies the approval period for the SMP. The term must be relevant to the activity being undertaken and allow for a periodic

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review of the program. The standard term for a SMP is three years.

Assessment of impacts to animal breeding places

1. Desktopassessment

Desktop assessment undertaken prior to field assessment

The applicant has undertaken a desktop assessment to research and evaluate the potential for an animal breeding place to be present on a works site using a variety of resources including but not limited to:

WildNet records

Museum records

Atlas of Living Australia

Essential habitat mapping

Legislative requirements and listings (State and FederalGovernments)

SMPs previously approved by the department

2. Fieldassessment

Survey conducted by a suitably qualified and experienced person.

The animal breeding place survey was undertaken by a suitably qualified and experienced person who meets one or more of the following criteria:

An ecological consultant with experience in conducting surveysfor animal breeding places;

A person who possesses a degree in natural science or similarwith experience in conducting fauna surveys;

A person who is a spotter-catcher under a rehabilitation permitissued under the Act.

A statement to justify the suitability and qualifications of the person undertaking the animal breeding place survey is required.

3. Assessmentreport.

Report requirements The applicant submitted an animal breeding place survey report including:

A list of all animal breeding places identified within the impactarea, including conservation status.

A statement to justify the suitability and qualifications of theperson undertaking the animal breeding place survey.

Justification of the timing of the survey and detail of anylimitations and assumptions associated with the timing of thesurvey.

A map or plan of the proposed impact area indicating thelocations of identified animal breeding places.

A description of the location.

Impact management plan

1. Plan Impact management plan has been submitted

The applicant has submitted an impact management plan with the SMP application that includes the following sections:

The nature of impact

The proposed management of impacts (if any)

2. Impactmanagementstrategies

Avoid and minimise interference with animal breeding place.

The applicant has provided evidence that alternative options were thoroughly considered. Examples may include:

Avoidance through the design phase

Avoidance through works period

Avoidance through adaptive management

Consideration of seasonal factors e.g. completing worksoutside of breeding season

Sequential clearing

Rehabilitation of animal breeding habitat

Replacement or translocation of breeding structure

Use of authorised spotter catchers, licensed wildlife carer andveterinarian

Staff training and procedures

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Nature of impact The applicant has provided the following information:

a) The applicant has identified the area (Ha) and number ofparticular animal breeding places to be tampered with, and theconservation status of the species.

b) Information has been provided on the population dynamics ofthe species.

c) Information has been provided about the ecology of the species.

d) The applicant has accounted for all impacts, both direct andindirect, on an animal breeding place, where tampering is required.

Management of impact The applicant has provided the following information:

a) The applicant has listed appropriate impact managementsolutions to account for all EVNT, special least concern or colonialbreeding places identified in the animal breeding place surveyreport.

b) The applicant has provided a list of rehabilitation methods to beused in impact management for animal breeding places.

Contingency planning The applicant has outlined the process to be followed in the event of unexpected impacts on animal breeding places and other protected animals (e.g. will a Damage Mitigation Permit (culling and dispersal of wildlife) be required?).

If a DMP is proposed, has the applicant demonstrated what

impacts, if any, may occur upon the broader species population?

3. Supportinginformation

The applicant has demonstrated proposed impact management measures are appropriate for the applicable species.

The applicant demonstrates how the proposed impact management measures are appropriate for the animal breeding places identified and will ensure the animals survival in the wild through the following:

a) Written advice obtained from a suitably qualified person orexpert regarding impact management strategies

b) Reference to scientific papers which discuss the success ofproposed mitigation strategies to the specific animal breedingplace or that of a comparable species has been made

c) SMP documents and reports previously approved by thedepartment were referred to

d) The expected success rate of the proposed impact managementand any serious limitations or potential threats associated with theimpact management have been identified.

e) Identified how limitations or threats to the success of the impactmanagement will be overcome.

5.2 Application

Entities wishing to operate under the conditions of the DES species management program must notify the

Director of Wildlife Management of their intent to use an SMP.

5.2.1 Department contact details

Correspondence should be directed to:

Director, Wildlife Management

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Page 9 of 16 • NCS/2016/2519 • Version 1.05 • Effective: 03 MAY 2016 Department of Environment and Science

Conservation and Biodiversity Operations

Department of Environment and Science

GPO Box 2454

BRISBANE QLD 4001

Email: [email protected]

5.2.2 Notification requirements

Written notification to use an SMP should include the following information:

• A signed and dated statement of intention:

I _________ [name of Chief Executive Officer (if applicable)] on behalf of ____________[applicant, person or

other legal entity] accept the species management program offered by the Department of Environment and

Science under section 332 of the Nature Conservation (Wildlife Management) Regulation 1992 in its current

form and agree to abide by the conditions of approval.

• Registered legal entity name (not a business trading name)

• Trading name (if applicable)

• Contact details including registered business address (not a post office box), including permanent

Queensland address.

• ABN/ACN or title and section of legislation under which corporation has legal status

• Name of principal of corporation

• Details of nominated person in charge where the approved activity is to be undertaken.

• Landholder consent (if applicable)

• Nature of activities resulting in tampering with an animal breeding place

• A description of the location including project name, address and registered lot and plan details

• A map or plan of the proposed impact area including scale.

In addition, for an SMP for all protected animals (other than least concern animals but including special least

concern animals and colonial breeders), the following is required:

• Animal breeding place assessment report; and

• Impact management plan.

5.3 Approval

Upon approval, an entity will receive the following documents:

• Approval letter from the Director, Wildlife Management.

• Species Management Program containing entities name and authorisation expiry date.

• Access to an electronic register for tampering with animal breeding places, via the DES website.

An entities details and approval and expiry dates will be registered by DES.

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Page 10 of 16 • NCS/2016/2519 • Version 1.05 • Effective: 03 MAY 2016 Department of Environment and Science

Interference with an animal breeding place may not commence until written approval has been obtained.

5.4 Updates to approvals

It may be necessary for an approved SMP to be amended to address minor changes or issues that have arisen

during its implementation. For example –

change in methodology due to issues arising during program implementation (including updated

versions)

greater geographic extent to that originally provided

new species that have been identified during implementation

a greater number of species tampered with or impacted by the activity than originally assessed (this

could impact upon the broader species population)

a new nominated person in charge.

The holder of an approved SMP must discuss any proposed amendment of the document with DES.

Requests should be made as per standard approval requests.

It should be noted that the requested changes could be considered by the Director, Wildlife Management, to be

major, requiring submission to DES of a new Species Management Program for consideration.

6. Reporting requirements

An entity must keep an electronic register concerning tampering with animal breeding places while operating

under an approved SMP. Please refer to the Animal Breeding Place register provided with the approval

documentation or available from the department’s website. Details of other authority holders related to the

activity must be included such a licenced DMP – removal and relocation or a rehabilitation permit.

For a Low Risk of impacts SMP, a copy of the electronic register for tampering with animal breeding places

must be submitted to DES annually from the date of approval and upon expiry of the approved SMP at

[email protected].

For a High Risk of impacts SMP, a copy of the electronic register for tampering with animal breeding places

must be submitted to DES within 6 months of the interactions with the high risk of impacts SMP species at

[email protected]. The complete electronic register must also be supplied to DES upon expiry of the

approved SMP.

7. Key definitions

For the purpose of this document:

agents includes—

Contractors and sub-contractors.

animal breeding place means—

A bower, burrow, cave, hollow, nest or other thing that is commonly used by the animal to incubate or

rear the animal’s offspring’.

approved species management program means—

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For a species of animal, means a program about managing the population and habitat of the species of

animal that is approved by the chief executive, Department of Environment and Science.

colonial breeders means—

A group of animals of the same kind, co-existing in close association for breeding purposes.

endangered wildlife means –

Protected wildlife prescribed in schedule 2 of the Wildlife Regulation as endangered wildlife.

extinct in the wild means –

Protected wildlife prescribed in schedule 1 of the Wildlife Regulation as extinct in the wild wildlife.

keep in relation to wildlife includes –

Have in possession, or under control, in any place (whether for the use or benefit of the person in

relation to whom the term is used or another person), even though another person has the actual

possession or custody.

least concern wildlife means –

Protected wildlife prescribed in schedule 6 of the Wildlife Regulation as least concern wildlife.

authorised wildlife carer means—

A person qualified to take and keep protected wildlife under a current rehabilitation permit in accordance

with the Nature Conservation (Wildlife Management) Regulation 2006.

native wildlife means –

Any taxon or species of wildlife indigenous to Australia

near threatened wildlife means –

Protected wildlife prescribed in schedule 5 of the Wildlife Regulation as near threatened wildlife

person includes –

A body of persons, whether incorporated or unincorporated.

protected animal means –

An animal that is prescribed under the NCA as threatened, near threatened or least concern wildlife, but

does not include a processed product.

protected wildlife means native wildlife prescribed under the Act as—

(a) extinct in the wild wildlife; or

(b) endangered wildlife; or

(c) vulnerable wildlife; or

(d) near threatened wildlife; or

(e) least concern wildlife.

special least concern animal under the Wildlife Regulation means the following—

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(a) koala (Phascolarctos cinereus);

(b) echidna (Tachyglossus aculeatus);

(c) platypus (Ornithorhynchus anatinus);

(d) a least concern bird to which any of the following apply—

(i) the agreement called ‘Agreement Between the Government of Australia and the Government of

Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their

Environment’ and signed at Tokyo on 6 February 1974;

(ii) the agreement called ‘Agreement Between the Government of Australia and the Government of

the People’s Republic of China for the Protection of Migratory Birds and their Environment’ and

signed at Canberra on 20 October 1986;

(iii) the convention called ‘Convention on the Conservation of Migratory Species of Wild Animals’

and signed at Bonn on 23 June 1979.

species management program (SMP) - low risk of impacts means –

A program about managing the population and habitat of protected animals prescribed as least concern

animals where the impacts are unlikely to affect broader population and excludes least concern wildlife

that are colonial breeders and wildlife prescribed as extinct in the wild, endangered, vulnerable, near

threatened, or a special least concern animal under the Nature Conservation (Wildlife) Regulation 2006

(Wildlife Regulation).

species management program (SMP)- high risk of impacts means –

A program about managing the population and habitat of protected animals prescribed by Wildlife

Regulation or breeding type (e.g. least concern colonial breeders), where the broader population is at a

greater risk from impacts and includes least concern animals that are colonial breeders and animals

prescribed as extinct in the wild, endangered, vulnerable, near threatened, or a special least concern

animal under the Nature Conservation (Wildlife) Regulation 2006.

suitably qualified and experienced person means—

A person with formal qualifications and/or experience in fauna identification and life ecology and

environmental management. A person is considered to be suitably qualified and experienced if they

meet one or more of the following criteria:

• An ecological consultant with experience in conducting surveys for animal breeding places;

• A person who possesses a degree in natural science or similar with experience in conducting

surveys for animal breeding places;

• A person who is a spotter-catcher under a rehabilitation permit issued under the Act.

spotter-catcher means—

A person qualified to take and keep protected wildlife under a current rehabilitation permit granted under

the Nature Conservation (Wildlife Management) Regulation 2006 to authorise the take, keep or use of

an animal whose habitat is about to be destroyed by human activity .

tamper with an animal breeding place means—

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Information sheet

Species Management Program Requirements for tampering with a protected animal breeding place in

Queensland

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Damage, destroy, mark, move or dig up the breeding place.

take includes—

(a) in relation to an animal -

(i) hunt, shoot, wound, kill, skin, poison, net, snare, spear, trap, catch, dredge for, bring ashore

or aboard a boat, pursue, lure, injure or harm the animal; or

(ii) attempt to do an act mentioned in subparagraph (i).

use, in relation to wildlife includes –

Buy, sell, give away, process, move or gain any benefit from the resource or wildlife.

vulnerable animal means –

A protected animal that is prescribed in schedule 3 of the Wildlife Regulation as vulnerable wildlife.

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Information sheet

Species Management Program Requirements for tampering with a protected animal breeding place in

Queensland

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Appendix 1 - Species Management Program for tampering with animal breeding places - low

risk of impacts - least concern animals (excluding special least concern or colonial breeders)

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Department of Environment and Science

Species management program for tampering with animal b1"eeding places

(low risk c>f impacts)

Note: PDF template requires Adobe Reader DC version

INSERT NAME OF APPLICANT PERSON OR OTHER LEGAL ENTITY Note:Limitto7lines

INSERT ADDRESS, PHONE NUMBER A�JD OTHER CONTACT DETAILS OF

APPLICANT PERSON OR OTHER LEGAL ENTITY Note: Limit to ? lines

NAME OF PROJECT Note: Limit to? lines

INSERT PROJECT Lot/RP, ADDRESS Note: Limit to 8 lines

Made pursuant to section 332 of the Nature Conservation (Wildlife Management) Regulation 2006.

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CONTENTS

1. SCOPE OF THIS SPECIES MANAGEMENT PROGRAM

2. TERMS OF THIS SPECIES MANAGEMENT PROGRAM

3. CONDITIONS OF APPROVAL OF THIS SPECIES MANAGEMENT PROGRAM

3

3

4

5

8

8

8

9

9

4. KEY DEFINITIONS

5. DES CONTACTS

APPENDIX 1 - Map or plan of the proposed impact area

6. APPLICANT'S STATEMENT OF INTENT

7. APPLICANT'S DECLARATION

8. APPROVAL BY DELEGATE

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1. SCOPE OF THIS SPECIES MANAGEMENT PROGRAM

Section 332 of the Nature Conservation (Wildlife Management) Regulation 2006 ("Wildlife Management Regulation") prescribes that a person must not tamper with an animal breeding place unless, amongst other matters, the tampering (including removal of the breeding place but not the animal) is part of an approved species management program for animals of the same species.

On its approval by the chief executive, Department of Environment and Science (DES), this document is recognised as an approved species management program for the purposes of section 332 of the Wildlife Management Regulation. It applies to activities that propose to or are likely to tamper with animal breeding places with respect to protected animals prescribed as least concern wildlife under the Nature Conservation (Wildlife) Regulation 2006 ("Wildlife Regulation") - excluding least concern animals that are colonial breeders or that are listed as special least concern - where the impacts are unlikely to affect broader populations of the species.

This SMP cannot be used for activities that propose to, or are likely to, tamper with animal breeding places for:

(a) Protected animals prescribed as extinct in the wild, endangered, vulnerable, nearthreatened, or a special least concern animal under the Wildlife Regulation; or

(b) Least concern animals that are colonial breeders; or(c) Least concern animals where proposed tampering with a breeding place may have

impacts on the broader population of that species of animal.

The proposed disturbance of a flying-fox roost (genus Pteropus) is dealt with specifically under section BBC of the Nature Conservation Act 1992 ("the Act") and section 41A of the Wildlife Management Regulation. Note that Ith is species management program does not authorise a person to destroy or disturb a flying-fox roost or to drive away or attempt to drive away a flying-fox. DES should be contacted with respect to any proposed activity relating to flying-foxes and flying-fox roosts.

Where approved tampering with a known breeding place of a protected animal would also take another species of protected animal, thei approved entity is required to obtain a damage mitigation permit under the Act prior to the take occurring.

It should be noted that, when interpreting this species management program, any words present in italics have specific meaning as indicated in 'key definitions' in section 6.

2. TERMS OF THIS SPECIES MANAGEMENT PROGRAM

2.1 The chief executive's approval of this species management program is granted to

and is effective from the date of approval until after which tampering with an animal breeding place is not authorised.

2.2 This SMP does not prevent any reasonable action being taken to safeguard the safety of any person in an emergency situation. In that circumstance and where feasible, the authorised entity should discuss a proposed action with DES. The approved entity will within 48 hours of an action undertaken under this clause notify DES in writing at [email protected].

2.3 On approval of this SMP, the approved entity is only authorised to tamper with an animal breeding place in a manner that is in strict accordance with the conditions

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specified in this document. In default, approval of this SMP may be revoked by the chief executive in accordance with thH following process:

a) DES will give written notice to the approved entity that condition(s) of thisdocument are alleged to have be�en contravened, and will invite the approvedentity to show cause in writing within 20 business days of the date of the noticewhy the approval should not be revoked; and

b) if the approved entity does not respond within this period, or after the chiefexecutive considers the response, the chief executive determines that theapproval of the SMP should be withdrawn forthwith, DES will give written noticeto the approved entity that approval has been withdrawn. Otherwise, the chiefexecutive may require the approveid entity to rectify the breach within 20 businessdays of the date of DES notification; and

c) if the approved entity fails to rectify the breach within 20 business days of the dateof notification by DES, the chief executive may withdraw approval of this SMP.

3. CONDITIONS OF APPROVAL OF THIS SPECIES MANAGEMENT PROGRAM

3.1 Approval of this SMP is conditional upon the approved entity maintaining a register of tampering with animal breeding places ("the register") in accordance with this section. Accurate records of animal breeding places known or suspected to have been tampered with (including destroyed) must be recorded at the end of each day that tampering occurs.

3.2 The register must be:

a) made available to DES by the approved entity upon DES request; and

b) provided to DES at [email protected] by the approved entity annuallyfrom the date of commencement of this SMP, and within 10 business daysafter the expiry of this SMP.

3.3 For construction projects, prior to commencement of works the approved entity must undertake an assessment to determine the presence or absence of animal breeding places. The assessment must include desktop analysis and a field survey undertaken by a suitably qualified and experienced person. Where breeding places are identified the approved entity must comply with the actions identified within Table 1 and must record details of the animal breeding place in the register.

3.4 For maintenance activities, an assessment for animal breeding places is not required. However, where new or likely animal breeding places are identified, the approved entity must comply with the actions identified within Table 1 and must record details of the animal breeding place in the re!gister.

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Table 1: Authorised species management ac1tions with respect to animal breeding places

Species group Breeding plaice Action status

Least concern wildlife All • Apply for use of SMP - high risk of- special least impact (all protected wildlife, includingconcern or colonial special least concern animals andbreeding colonial breeders).Note: This SMP does

not authorise tampering

for these species.

Other least concern Contains younfJ or • Avoidance of unnecessary disturbance;wildlife eggs suitable qualified and experienced

person removes animal breeding placeand eggs and/or young rehabilitated byauthorised wildlife carer*; or

• Eggs destroyed by an authorised personunder a damage mitigation permit (lastresort).

No eggs or young • Proceed with caution. Remove breedingplace (if applicable).

* Where rehabilitation of protected wildlife is required, rehabilitation must be undertaken inaccordance with the Code of Practice - Care of Sick, Injured or Orphaned Protected Animals inQueensland.

4. KEY DEFINITIONS

animal breeding place means-

A bower, burrow, cave, hollow, nest or other thing that is commonly used by the animal to incubate or rear the animal's offspring'.

approved species management program means-

For a species of animal, means a program about managing impacts to the population and habitat of the species of animal that is approved by the chief executive of DES.

colonial breeders means-

A group of animals of the same kind,. co-existing in close association for breeding purposes.

construction includes-

Each of the following for the infrastructure, to the extent it involves the development of the infrastructure -

(a) initial construction (including field investigations, relocation of services andsurveys);

(b) improvement of its standard;

(c) realignment;

(d) widening; and

(e) extension to infrastructure or associated assets.

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endangered wildlife means -

Native wildlife that is prescribed in schedule 2 of the Wildlife Regulation as endangered wildlife.

extinct in the wild means -

Native wildlife that is prescribed in schedule 1 of the Wildlife Regulation as extinct in the wild wildlife.

keep in relation to wildlife includes -

Have in possession, or under control, in any place (whether for the use or benefit of the person in relation to whom the teffm is used or another person), even though another person has the actual possession or custody.

least concern wildlife means -

Native wildlife that is prescribed in schedule 6 of the Wildlife Regulation as least concern wildlife.

authorised wildlife carer means-

A person qualified to take and keep protected wildlife under a current rehabilitation permit in accordance with the Nature Conservation (Administration) Regulation 2006.

maintenance includes-

( a) rehabilitation; and

(b) replacement; and

(c) repair; and

(d) recurrent servicing; and

(e) preventative and remedial action; and

(f) removal; and

(g) alteration; and

(h) maintaining systems and services for transport infrastructure.

native wildlife means -

Any taxon or species of wildlife indigenous to Australia

near threatened wildlife means -

Native wildlife prescribed in schedule 15 of the Wildlife Regulation as near threatened wildlife

person includes -

A body of persons, whether incorporatHd or unincorporated.

protected animal means -

An animal that is prescribed under thie Act as threatened, near threatened or least concern wildlife, but does not include a processed product.

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protected wildlife means native wildlife prescribed under the Act as­

(a) extinct in the wild wildlife; or

(b) endangered wildlife; or

(c) vulnerable wildlife; or

(d) near threatened wildlife; or

(e) least concern wildlife.

special least concern animal under the Wildlife Regulation means the following­

(a) the echidna (Tachyglossus aculeatus);

(b) the platypus (Omithorhynchus anatinus);

(c) a least concern bird to which any o'f the following apply-

(i) the agreement called 'Agreement Between the Government of Australia and theGovernment of Japan for the Protection of Migratory Birds and Birds in Dangerof Extinction and their Environmient' and signed at Tokyo on 6 February 1974;

(ii) the agreement called 'Agreement Between the Government of Australia and theGovernment of the People's Republic of China for the Protection of MigratoryBirds and their Environment' and signed at Canberra on 20 October 1986;

(iii) the convention called 'Convention on the Conservation of Migratory Species ofWild Animals' and signed at Bonn on 23 June 1979.

species management program (SMP) - low risk of impacts means -

An SMP for tampering with breeding places of protected animals prescribed as Least Concern (excluding least concern animals that are colonial breeders or that are prescribed as special least concern) where the impacts are unlikely to affect broader populations.

species management program (SMP)- hi9h risk of impacts means -

An SMP for tampering with breeding places of protected animals that are:

• prescribed as extinct in the wild, endangered, vulnerable, near threatened, orspecial least concern animal under the Wildlife Regulation, or

• least concern animals that are colonial breeders, or• least concern animals where proposed tampering with a breeding place may

have impacts on the broader population of that or another species of protectedanimal.

An SMP (high risk of impacts) may also include other least concern animals if requested.

suitably qualified and experienced person means-

A person with formal qualifications and/or experience in identification of native animals and wildlife ecology. A person is considered to be suitably qualified and experienced if they meet one or more of the following criteria:

o An ecological consultant with expe:rience in conducting surveys for native animalbreeding places;

o A person who possesses a degree in natural science or similar with experience inconducting surveys for native animal breeding places;

o A person who is authorised as a spotter-catcher under a rehabilitation permitissued under the Act.

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spotter-catcher means-

A person authorised under a current rehabilitation permit to take and/or keep a protected animal whose habitat is about to be destroyed by human activity in accordance with the Nature Conservation (Administration) Regulation 2017.

tamper means-

damage, destroy, mark, move or dig up an animal breeding place.

take includes-

(a) in relation to an animal -

(i) hunt, shoot, wound, kill, skin, poison, net, snare, spear, trap, catch, dredge for,bring ashore or aboard a boat, pursue, lure, injure or harm the animal; or

(ii) attempt to do an act mentioned in subparagraph (i).

vulnerable wildlife means -

Native wildlife that is that is prescribed iin schedule 3 of the Wildlife Regulation as vulnerable wildlife.

5. DES CONTACTS

All enquiries should be directed to DES at [email protected]. The enquiry will be redirected to the relevant office for response.

APPENDIX 1 - Map or plan of the proposed impact area

Insert a map and/or plan of your proposed impact area, including scale, here.

INSERT DOCUMENT HERE OR REFERENCE TO RELEVANT ATIACHMENT. TO INSERT A FILE INTO THIS PDF, YOU NEED TO USE

THE EDIT OBJECT TOOL LOCATED IN THE COMMENT TAB ON THE RIGHT. Note: Limit to 3 lines

To insert a file into this PDF, you need to use the edit object tool located in the comment tab on the right.

6. APPLICANT'S STATEMENT OF INTENT

APPLICANT: A PERSON OR OTHER LEGAL ENTITY

accept this species management program o1ffered by the Department of Environment and Science under section 332 of the Nature Conservation (Wildlife Management) Regulation 2006, without amendment or alteration and agree to abide by the conditions of approval stated within this document.

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7. APPLICANT'S DECLARATION

I do solemnly and sincerely declare that the information provided in this document, including any information provided with or in support of this document, is true and correct

to the best of my knowledge, and I make this solemn declaration conscientiously believing the same to be true.

I understand that all information supplied in or with this document may be disclosed publicly in accordance with the Right to Information Act 2009, Native Title (Queensland) Act 1993 and the Evidence Act 1977.

APPLICANT'S NAME

IF THE APPLICANT IS A LEGAL ENTITY, PLEASE INDICATE YOUR POSITION IN THAT ENTITY

APPLICANT'S SIGNATURE DATE

Press to sign

Note: The form will be locked on the applicant's signature and no changes will be possible .

. OFFICE USE ONLY

8. APPROVAL BY DELEGATE

Delegate Name I Signature

Program Coordinator, Assessments

Wildlife Assessment, Strategic Compliance & Northern Operations

Department of Environment and Science

APPROVED OPERATIONAL DOCUMENTS ATTACHED

Date

Enquiries:

[email protected]

Animal Breeding Place register <http://www.DES.qld.gov.au/licences-permits/plants-animals/documents/fm-wl-register-animal-breeding-I l I

Press for Information Notice - Permit Application

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Information sheet

Species Management Program Requirements for tampering with a protected animal breeding place in

Queensland

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Appendix 2 - Species Management Program for tampering with animal breeding places - high

risk of impacts - all protected wildlife including special least concern animals and colonial

breeders.

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Department of Environment and Science

Species management program for tampering with animal b1reeding places

(high risk 1of impacts)

Note: PDF template requires Adobe Reader DC version

INSERT NAME OF APPLICANT PERSON OR OTHER LEGAL ENTITY Note:Limitto6lines

INSERT ADDRESS, PHONE NUMBER AND OTHER CONTACT DETAILS OF

APPLICANT PERSON OR OTHER LEGAL ENTITY Note: Limit to 6 lines

NAME OF PROJECT Note: Limit to 6 lines

INSERT PROJECT Lot/RP, ADDRESS Note: Limit to ? lines

Made pursuant to section 332 of the Nature Conservation (Wildlife Management) Regulation 2006.

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CONTENTS

1. SCOPE OF THIS SPECIES MANAGEMENT PROGRAM

2. TERMS OF THIS SPECIES MANAGEMENT PROGRAM

3. CONDITIONS OF APPROVAL OF THIS SPECIES MANAGEMENT PROGRAM

3

3

4

5

8

8

8

8

9

9

9

4. KEY DEFINITIONS

5. DES CONTACTS

APPENDIX 1 - Map or plan of the proposed impact area

APPENDIX 2 - Animal Breeding Place Survey Report

APPENDIX 3 - Impact Management Plan

6. APPLICANT'S STATEMENT OF INTENT

7. APPLICANT'S DECLARATION

8. APPROVAL BY DELEGATE

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1. SCOPE OF THIS SPECIES MANAGEMENT PROGRAM

Section 332 of the Nature Conservation (Wildlife Management) Regulation 2006 ("Wildlife Management Regulation") prescribes that a person must not tamper with an animal breeding place unless, amongst other matters, the tampering (including removal of the breeding place but not the animal) is part of an approved species management program (SMP) for animals of the same species.

On its approval by the chief executive, Department of Environment and Science (DES), this document is recognised as an approved species management program for the purposes of section 332 of the Wildlife Management Regulation. It applies to activities that propose to or are likely to tamper with animal breeding places with respect to:

(a) Protected animals prescribed as extinct in the wild, endangered, vulnerable, nearthreatened, or a special least concern animal under the Nature Conservation(Wildlife) Regulation 2006 (Wildlife Regulation); or

(b) Least concern animals that are colonial breeders; or(c) Least concern animals where proposed tampering with a breeding place mayhave impacts on the broader population of the species.

If required, this SMP may be approved to also apply to least concern animals.

This Species Management Program incorporates an animal breeding place survey report and an impact management plan per the attached Appendices. It is a requirement of approval of this SMP that the program will bH applied in conjunction with those Appendices.

The proposed disturbance of a flying-fox roost (genus Pteropus) is dealt with specifically under section BBC of the Nature Conservation Act 1992 ("the Act") and section 41A of the Wildlife Management Regulation. Note that Ith is species management program does not authorise a person to destroy or disturb a flying-fox roost or to drive away or attempt to drive away a flying-fox. DES should be contacted with respect to any proposed activity relating to flying-foxes and flying-fox roosts.

Where approved tampering with a known breeding place of a protected animal would also take another species of protected animal, tt1e approved entity is required to apply for, and be granted, a damage mitigation permit undier the Act prior to the take occurring.

It should be noted that, when interpreting this species management program, any words present in italics have specific meaning as indicated in 'key definitions' in section 6.

2. TERMS OF THIS SPECIES MANAGEMENT PROGRAM

2.1 The chief executive's approval of this species management program is granted to

and is effective from the date of approval until, after which tampering with an animal breeding place is not authorised.

2.2 This SMP does not prevent any reasonable action being taken to safeguard the safety of any person in an emergency situation. In that circumstance and where feasible, the authorised entity should discuss a proposed action with DES. The approved entity will within 48 hours of an action undertaken under this clause notify DES in writing at [email protected].

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2.3 On approval of this SMP, the approved entity is only authorised to tamper with an animal breeding place in a manner that is in strict accordance with the conditions specified in this document. In default, approval of this SMP may be revoked by the chief executive in accordance with thH following process:

a) DES will give written notice to the approved entity that condition(s) of thisdocument are alleged to have be�en contravened, and will invite the approvedentity to show cause in writing within 20 business days of the date of the noticewhy the approval should not be revoked; and

b) if the approved entity does not respond within this period, or after the chiefexecutive considers the response, the chief executive determines that theapproval of the SMP should be withdrawn forthwith, DES will give written noticeto the approved entity that approval has been withdrawn. Otherwise, the chiefexecutive may require the approveid entity to rectify the breach within 20 businessdays of the date of DES notification; and

c) if the approved entity fails to rectify the breach within 20 business days of the dateof notification by DES, the chief executive may withdraw approval of this SMP.

3. CONDITIONS OF APPROVAL OF THIS SPECIES MANAGEMENT PROGRAM

3.1 Approval of this SMP is conditional upon the approved entity maintaining a register of tampering with animal breeding places ("the register") in accordance with this section. Accurate records of animal breeding places known or suspected to have been tampered with (including destroyed) will be recorded by the approved entity at the end of each day that tampering occurs.

3.2 The register will be:

a) made available to DES by the approved entity upon DES request; and

b) provided to DES at [email protected] by the approved entity within 6months of the interactions with the� high risk of impacts SMP species and thecomplete register within 10 busineiss days after the expiry of this SM P.

3.3 For construction projects, prior to commencement of works, the approved entity will undertake an assessment, including a field survey, to determine the presence or absence of animal breeding places. Where breeding places are identified, the approved entity will comply with the actions identified within Table 1 and will record details of the animal breeding place in the register.

3.4 For maintenance activities, an assessment for animal breeding places is not required. However, where new or likely animal breeding places are identified, the approved entity will comply with the actions identified within Table 1 and will record details of the animal breeding place in the register.

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Table 1: Authorised species management ac1tions with respect to animal breeding places

Type of wildlife Breeding place

status

Least concern All animals-special least concern or colonial breeding

Extinct in the wild, All endangered, vulnerable and near threatened animals (EVNT)

Other least concern Contains young animals (if or eggs authorised by this SMP)

No eggs or young

Table notes:

Action

•• Apply for use of SMP - high risk of impact(all protected wildlife, including special leastconcern animals and colonial breeders).

•• Animal breeding place survey report andimpact management plan required as perTable 1 in Information SheetA _

• Animal breeding place survey report andimpact management plan required as perTable 1 in Information SheetA _

• Approval for take must be authorised underanother approval

• Avoidance of unnecessary disturbance; orsuitably qualified and experienced personremoves animal breeding place and eggsand/or young rehabilitated by authorised

wildlife carer*; or• Eggs destroyed by an authorised person

under a damage mitigation permit (lastresort).

•• Proceed with caution. Remove breedingplace (if applicable).

A Document titled 'Information Sheet - Requirements for tampering with a protected animal breeding place in Queensland under a Species Management Program.'

* Where rehabilitation of protected wildlife is required, rehabilitation must be undertaken inaccordance with the Code of Practice - Care of Sick, Injured or Orphaned Protected Animals inQueensland.

4. KEY DEFINITIONS

animal breeding place means-

A bower, burrow, cave, hollow, nest or other thing that is commonly used by the animal to incubate or rear the animal's offspring'.

approved species management program means-

For a species of animal, a program about managing impacts to the population and habitat of the species of animal that is approved by the chief executive of DES.

colonial breeders means-

A group of animals of the same kind,. co-existing in close association for breeding purposes.

construction includes-

Each of the following for the infrastructure, to the extent it involves the development of the infrastructure -

(a) initial construction (including field investigations, relocation of services andsurveys);

(b) improvement of its standard;

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(c) realignment;

(d) widening; and

(e) extension to infrastructure or associated assets.

endangered wildlife means -

Native wildlife that is prescribed in schedule 2 of the Wildlife Regulation as endangered wildlife.

extinct in the wild means -

Native wildlife that is prescribed in schedule 1 of the Wildlife Regulation as extinct in the wild wildlife.

keep in relation to wildlife includes -

Have in possession, or under control, in any place (whether for the use or benefit of the person in relation to whom the te�rm is used or another person), even though another person has the actual possession or custody.

least concern wildlife means -

Native wildlife that is prescribed in schedule 6 of the Wildlife Regulation as least concern wildlife.

authorised wildlife carer means-

A person qualified to take and keep protected wildlife under a current rehabilitation permit in accordance with the Nature Conservation (Administration) Regulation 2006.

maintenance includes-

( a) rehabilitation; and

(b) replacement; and

(c) repair; and

(d) recurrent servicing; and

(e) preventative and remedial action; and

(f) removal; and

(g) alteration; and

(h) maintaining systems and services for transport infrastructure.

native wildlife means -

Any taxon or species of wildlife indigenous to Australia

near threatened wildlife means -

Native wildlife prescribed in schedule 15 of the Wildlife Regulation as near threatened wildlife

person includes -

A body of persons, whether incorporatHd or unincorporated.

protected animal means -

An animal that is prescribed under th,e Act as threatened, near threatened or least concern wildlife, but does not include a processed product.

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protected wildlife means native wildlife prescribed under the Act as­

(a) extinct in the wild wildlife; or

(b) endangered wildlife; or

(c) vulnerable wildlife; or

(d) near threatened wildlife; or

(e) least concern wildlife.

special least concern animal under the Wildlife Regulation means the following-

(a) the echidna (Tachyglossus aculeatus);

(b) the platypus (Ornithorhynchus ainatinus);

(c) a least concern bird to which any of the following apply-

(i) the agreement called 'Agreement Between the Government of Australia and

the Government of Japan for thB Protection of Migratory Birds and Birds in Danger

of Extinction and their Environment' and signed at Tokyo on 6 February 1974;

(ii) the agreement called 'Agreement Between the Government of Australia and

the Government of the People's Republic of China for the Protection of Migratory

Birds and their Environment' and signed at Canberra on 20 October 1986;

(iii) the convention called 'Convention on the Conservation of Migratory Species

of Wild Animals' and signed at Bonn on 23 June 1979.

species management program (SMP) - low risk of impacts means -

An SMP for tampering with breeding places of protected animals prescribed as Least Concern wildlife (excluding least concern wildlife that are colonial breeders or that

are listed as special least concern) wt1ere the impacts are unlikely to affect broader populations.

species management program (SMP)- higrh risk of impacts means -

An SMP for tampering with breeding places of protected animals that are:

• prescribed as extinct in the wildl, endangered, vulnerable, near threatened, orspecial least concern animal under the Nature Conservation (Wildlife)

Regulation 2006 (Wildlife Regulation), or• least concern animals that are colonial breeders, or• least concern animals where proposed tampering with a breeding place may

have impacts on the broader population of that or another species of protectedanimal.

An SMP (high risk of impacts) may also include other least concern animals if requested.

suitably qualified and experienced person means-

A person with formal qualifications and/or experience in identification of native animals and wildlife ecology. A person is considered to be suitably qualified and experienced if

they meet one or more of the following criteria:

o An ecological consultant with expe:rience in conducting surveys for native animalbreeding places;

o A person who possesses a degree in natural science or similar with experience inconducting surveys for native animal breeding places;

o A person who is authorised as a spotter-catcher under a rehabilitation permit

granted under the Act.

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spotter-catcher means-

A person authorised under a current rehabilitation permit to take and/or keep a protected animal whose habitat is about to be destroyed by human activity, in accordance with the Nature Conservation (Administration) Regulation 2017.

tamper means-

damage, destroy, mark, move or dig up an animal breeding place.

take includes-

(a) in relation to an animal -

(i) hunt, shoot, wound, kill, skin, poison, net, snare, spear, trap, catch, dredge for,bring ashore or aboard a boat, pursue, lure, injure or harm the animal; or

(ii) attempt to do an act mentioned in subparagraph (i).

vulnerable wildlife means -

Native wildlife that is that is prescribed in schedule 3 of the Wildlife Regulation as vulnerable wildlife.

5. DES CONTACTS

All enquiries should be directed to DES at [email protected]. The enquiry will be redirected to the relevant office for response.

To insert a file into this PDF, you need to use the edit object tool located in the comment tab on the right.

APPENDIX 1 - Map or plan of the proposed impact area

Insert a map and/or plan of your proposed impact area, including scale, here. INSERT DOCUMENT HERE OR REFERENCE TO RELEVANT ATTACHMENT. TO INSERT A FILE INTO THIS PDF, YOU NEED TO USE THE EDIT OBJECT TOOL LOCATED IN THE COMMENT TAB ON THE RIGHT.

APPENDIX 2 - Animal Breeding Place Survey Report

Attach your animal breeding place survey report here.

Note: Limit to 2 lines

INSERT DOCUMENT HERE OR REFERENCE TO RELEVANT ATTACHMENT. TO INSERT A FILE INTO THIS PDF, YOU NEED TO USE THE EDIT OBJECT TOOL LOCATED IN THE COMMENT TAB ON THE RIGHT. Note: Limit to 2 lines

APPENDIX 3 - Impact Management Plan

Attach your impact management plan here. INSERT DOCUMENT HERE OR REFERENCE TO RELEVANT ATTACHMENT. TO INSERT A FILE INTO THIS PDF, YOU NEED TO USE THE EDIT OBJECT TOOL LOCATED IN THE COMMENT TAB ON THE RIGHT. Note: Limit to 2 lines

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6. APPLICANT'S S TATEMENT OF INTENT

APPLICANT: A PERSON OR OTHER LEGAL ENTITY

accept this species management program offered by the Department of Environment and Science under section 332 of the Nature Conservation (Wildlife Management) Regulation 2006, without amendment or alteration and agree to abide by the conditions of approval stated within this document.

7. APPLICANT'S DECLARATION

I do solemnly and sincerely declare that the information provided in this document, including any information provided with or in support of this document, is true and correct to the best of my knowledge, and I make this solemn declaration conscientiously believing the same to be true.

I understand that all information supplied in or with this document may be disclosed publicly in accordance with the Right to Information Act 2009, Native Title (Queensland) Act 1993 and the Evidence Act 1977.

APPLICANT'S NAME

IF THE APPLICANT IS A LEGAL ENTITY, PLEASE INDICATE YOUR POSITION IN THAT ENTITY

APPLICANT'S SIGNATURE DATE

Press to sign j

Note: The form will be locked on the applicant's signature and no changes will be possible.

OFFICE USE ONLY

8. APPROVAL BY DELEGATE

I. D ate Delegate Name I Signature

Program Coordinator, Assessments

Wildlife Assessment, Strategic Compliance & Northern Operations

Department of Environment and S cience

Enquiries: [email protected]

APPROVED OPERATIONAL DOCUMENTS AT TACHED

Animal Breeding Place register

<http://www.DES.qld.gov.au/licences-permits/plants-animals/documents/fm-wl-register-animal-breeding­

place.xls>

Press for Information Notice - Permit Application

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Information sheet

Species Management Program Requirements for tampering with a protected animal breeding place in

Queensland

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Disclaimer

While this document has been prepared with care, it contains general information and does not profess to other legal,

professional or commercial advice. The Queensland Government accepts no liability for any external decisions of actions

taken on the basis of this document. Persons external to the Department of Environment and Science should satisfy

themselves independently and by consulting their own professional advisers before embarking on any proposed course of

action.

Approved:

03 May 2016

Enquiries: Wildlife Management Unit Ph. 3330 5393

Version history:

Version Effective date Comments

1.00 03 May 2016 Approved by: L Delzoppo, Acting Executive Director, Nature Conservation Services

1.01 18 May 2016 Section 6. Reporting requirement corrected

1.02 09 June 2016 Office use only – added attach documents. Wording in Table 1 changed.

1.03 07 July 2016 Wording changes throughout the document to make it clearer. High risk reporting changed to 6 months.

1.04 24/08/2017 Email address updated to [email protected]

1.05 23/07/2018 Inserted sample templates for High and Low Risk SMP.