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www.nghenvironmental.com.au e: [email protected] Sydney Region 18/21 mary st surry hills nsw 2010 (t 02 8202 8333) Canberra - NSW SE & ACT 8/27 yallourn st (po box 62) fyshwick act 2609 (t 02 6280 5053) Brisbane Suit 4 Level 5, 87 Wickham st spring hill qld 4000 (t 07 3129 7633) Newcastle - Hunter and North Coast 2/54 Hudson st hamilton nsw 2303 (t 02 4929 2301) Wagga Wagga - Riverina and Western NSW suite 1, 39 fitzmaurice st (po box 5464) wagga wagga nsw 2650 (t 02 6971 9696) Bega - ACT and South East NSW suite 89-91 Auckland st (po box 470) bega nsw 2550 (t 02 6492 8333) Construction Flora and Fauna Management Plan NEVERTIRE SOLAR FARM OCTOBER 2018
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Page 1: Construction Flora and Fauna Management Plannevertiresolarfarm.com.au/wp-content/uploads/2019/01/Nevertire-SF-FF… · suite 89-91 Auckland st (po box 470) bega nsw 2550 (t 02 6492

www.nghenvironmental.com.au e: [email protected]

Sydney Region 18/21 mary st

surry hills nsw 2010 (t 02 8202 8333)

Canberra - NSW SE & ACT 8/27 yallourn st (po box 62)

fyshwick act 2609 (t 02 6280 5053)

Brisbane Suit 4 Level 5, 87 Wickham st

spring hill qld 4000 (t 07 3129 7633)

Newcastle - Hunter and North Coast 2/54 Hudson st

hamilton nsw 2303 (t 02 4929 2301)

Wagga Wagga - Riverina and Western NSW suite 1, 39 fitzmaurice st (po box 5464)

wagga wagga nsw 2650 (t 02 6971 9696)

Bega - ACT and South East NSW suite 89-91 Auckland st (po box 470)

bega nsw 2550 (t 02 6492 8333)

Construction Flora and Fauna Management Plan

NEVERTIRE SOLAR FARM

OCTOBER 2018

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www.nghenvironmental.com.au e: [email protected]

Sydney Region 18/21 mary st

surry hills nsw 2010 (t 02 8202 8333)

Canberra - NSW SE & ACT 8/27 yallourn st (po box 62)

fyshwick act 2609 (t 02 6280 5053)

Brisbane Suit 4 Level 5, 87 Wickham st

spring hill qld 4000 (t 07 3129 7633)

Newcastle - Hunter and North Coast 2/54 Hudson st

hamilton nsw 2303 (t 02 4929 2301)

Wagga Wagga - Riverina and Western NSW suite 1, 39 fitzmaurice st (po box 5464)

wagga wagga nsw 2650 (t 02 6971 9696)

Bega - ACT and South East NSW suite 89-91 Auckland st (po box 470)

bega nsw 2550 (t 02 6492 8333)

Document Verification

Project Title: Nevertire Solar Farm Flora and Fauna Management Plan

Project Number: 18-429 Project File Name: Nevertire SF FFMP Final Revision Date Prepared by (name) Reviewed by (name) Approved by (name) Final V01 20/09/18 Nicola Smith Michial Sutherland Erwin Budde

Plan Control

The latest version of this plan will be available on the electronic database for the Project for all Project personnel. Distribution of the plan will be to those detailed in the distribution listing below. This distribution will be by ‘hard copy’ or electronically via email.

Copy Number Issued To Date Name 1 Biosar Project Manager Brian Rafferty 2 Biosar HSEQ Manager Sally Stahmer

NGH Environmental prints all documents on environmentally sustainable paper including paper made from bagasse (a by-product of sugar production) or recycled paper.

NGH Environmental Pty Ltd (ACN: 124 444 622. ABN: 31 124 444 622) and NGH Environmental (Heritage) Pty Ltd (ACN: 603 938 549. ABN: 62 603 938 549) are part of the NGH Environmental Group of Companies.

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CONTENTS 1 INTRODUCTION ........................................................................................................................ 1

1.1 CONTEXT ..............................................................................................................................................1

1.2 BACKGROUND ......................................................................................................................................1

1.3 ENVIRONMENTAL MANAGEMENT SYSTEMS OVERVIEW .....................................................................1

1.3.1 Associated environmental management plans ..................................................................................... 2

2 PURPOSES AND OBJECTIVES ..................................................................................................... 3

2.1 PURPOSE ..............................................................................................................................................3

2.2 OBJECTIVES ..........................................................................................................................................3

2.3 TARGETS ...............................................................................................................................................3

3 ENVIRONMENTAL REQUIREMENTS ........................................................................................... 4

3.1 RELEVANT LEGISLATION, GUIDELINES AND COMMITTMENTS ............................................................4

3.1.1 Legislation .............................................................................................................................................. 4

3.1.2 Guidelines and standards ...................................................................................................................... 4

3.1.3 Conditions of Approval .......................................................................................................................... 4

3.1.4 Project commitments ............................................................................................................................ 5

4 EXISTING ENVIRONMENT AND IMPACTS ................................................................................... 6

4.1 EXISTING ENVIRONMENT .....................................................................................................................6

4.1.1 Landscape attributes ............................................................................................................................. 6

4.1.2 Flora ....................................................................................................................................................... 6

4.1.3 Fauna ..................................................................................................................................................... 7

4.1.4 Commonwealth Matters of National Environmental Significance (MNES) ........................................... 8

4.2 IMPACTS AND RISKS .............................................................................................................................8

5 ENVIRONMENTAL MITIGATION AND MANAGEMENT MEASURES ............................................. 10

5.1 ENVIRONMENTAL ACTIVITIES, IMPACTS AND RISKS ......................................................................... 10

5.2 FLORA AND FAUNA MANAGEMENT PROTOCOLS ............................................................................. 13

PROTOCOL 1: PROTECTION OF NATIVE VEGETATION TO BE RETAINED ...................................................... 13

PROTOCOL 2: REMOVAL AND DISPOSAL OF NATIVE VEGETATION ............................................................. 13

PROTOCOL 3: EXCAVATION (INCLUDING TRENCHING AND STOCKPILE MANAGEMENT) ........................... 14

PROTOCOL 4: OPERATION OF PLANT AND EQUIPMENT ............................................................................. 15

PROTOCOL 5: HABITAT RESTORATION ........................................................................................................ 16

PROTOCOL 6: MONITOR AND ADAPT ACTIONS ........................................................................................... 17

6 COMPLIANCE MANAGEMENT ................................................................................................. 18

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6.1 CONSULTATION ................................................................................................................................. 18

6.2 ROLES AND RESPONSIBILITIES ........................................................................................................... 18

6.3 TRAINING .......................................................................................................................................... 19

6.4 MONITORING AND INSPECTION ....................................................................................................... 19

6.5 RECORD KEEPING AND MANAGEMENT ............................................................................................ 19

6.6 AUDITING .......................................................................................................................................... 19

6.7 REPORTING ........................................................................................................................................ 19

7 REVIEW AND IMPROVEMENT ................................................................................................. 20

7.1 CONTINUOUS IMPROVEMENT .......................................................................................................... 20

7.2 FFMP UPDATE AND AMENDMENT .................................................................................................... 20

8 REFERENCES ........................................................................................................................... 21

APPENDIX A APPROVED GENERAL LAYOUT OF DEVELOPMENT .................................................... A-1

APPENDIX B TREE CLEARING PROCEDURE ................................................................................... B-3

APPENDIX C VEGETATION CLEARING PROCEDURE ....................................................................... C-6

APPENDIX D VEGETATION CLEARANCE REGISTER ........................................................................ D-8

APPENDIX E UNEXPECTED THREATENED SPECIES FINDS PROCEDURE ........................................... E-1

APPENDIX F FAUNA HANDLING PROCEDURE .............................................................................. F-1

APPENDIX G WEED MANAGEMENT PROCEDURE ......................................................................... G-0

APPENDIX H PESTICIDE APPLICATION RECORD ............................................................................ H-2

APPENDIX I WORKING CLOSE TO BOUNDARY PROCEDURE .......................................................... I-3

TABLES

Table 3-1 Location of information in this plan addressing requirements of CoA . ......................................... 4

Table 5-1 Biosar Risk Matrix .........................................................................................................................11

Table 6-1 Consultation requirements: FFMP ...............................................................................................18

FIGURES

Figure 14-1 Example of exclusion zone signage.......................................................................................... C-7

Figure 14-2 Example of exclusion zone fencing. ......................................................................................... C-7

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ACRONYMS AND ABBREVIATIONS

BAR Biodiversity Assessment Report

CEMP Construction Environmental Management Plan

CEMS Construction Environmental Management Strategy

CoA Minister’s Conditions of Approval

DP&E NSW Department of Planning and Environment

EIS Environmental Impact Statement

EMS Environmental Management System

EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act

1999

FFMP Flora and Fauna Management Plan

km kilometres

LGA Local Government Area

m Metres

NSW New South Wales

OEH NSW Office of Environment and Heritage

PCT Plant Community Type

SWMS Safety Work Method Statement

SM Site Manager

BC Act NSW Biodiversity Act 2016

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1 INTRODUCTION

1.1 CONTEXT

This Flora and Fauna Management Plan (FFMP) forms part of the Construction Environmental Plan (CEMP) and the Construction Environmental Management Strategy (CEMS) for the Nevertire Solar Farm (the Project).

This FFMP has been prepared to address the requirements of the mitigation and management measures listed in the Nevertire Solar Farm Environmental Impact Statement (EIS), Nevertire Solar Farm Submissions Report (SR) and the Conditions of Approval (CoA) from the New South Wales, Minister for Planning and all applicable legislation, during the construction of the Project.

1.2 BACKGROUND

Nevertire Solar Pty Ltd received planning approval (on 5 July 2018) for the construction and operation of a solar farm, 1 km west of Nevertire within the Warren Shire Council Local Government Area (LGA). The project is a significant infrastructure project and environmental initiative that represents an important contribution to renewable energy generation in New South Wales.

A Biodiversity Assessment Report (BAR) (NGH Environmental 2017a) was prepared for the Nevertire Solar Farm. The EIS (NGH Environmental 2017b) summarised the key findings of the BAR including impacts to Vegetation communities, flora and fauna. The EIS included the proposed implementation of mitigation measures to minimise these impacts. Following consideration of submissions on the EIS, the project was modified to avoid impacts on Poplar Box - Belah woodland on clay-loam soils on alluvial plains of north-central NSW where and overstorey was present and habitat for Sloanes Froglet. Mitigation measures relavent to these entities were removed in the revised mitigation measures documented within the Nevertire Solar Farm Submissions Report (NGH Environmental 2017c).

The approved layout of Nevertire Solar Farm is shown in Appendix A Figure 1-1.

1.3 ENVIRONMENTAL MANAGEMENT SYSTEMS OVERVIEW

The overall Environmental Management System (EMS) for the Project is described in the CEMP and the CEMS.

This FFMP is part of the Biosar. environmental management framework for the Project, as described in the CEMP and the CEMS. Relevant management measures identified in this Plan will be incorporated into Environmental Work Method Statements (SWMS) outlined in the CEMP and the CEMS.

All Biosar personnel and sub-contractors undertaking a task governed by a SWMS must have signed that they have participated in training on the SWMS, and that they have read and understood their obligations prior to commencing work.

Used together, the CEMP and CEMS, management measures, procedures and SWMS form management guides that clearly identify required environmental management actions for reference by Biosar personnel and contractors.

As a subplan of the CEMP and CEMS, the review and document control processes for this Plan are described in the CEMP and CEMS.

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1.3.1 Associated environmental management plans

Associated environmental management plans of relevance to this FFMP include:

Construction Environmental Management Plan

An overarching Construction Environmental Management Plan (CEMP) applies to this project.

This FFMP is a sub-plan of the CEMP.

Groundcover Management Plan

A Ground Cover Management Plan to monitor and manage:

• Weeds • Site rehabilitation • Maintenance of ground cover (particularly beneath panels)

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2 PURPOSES AND OBJECTIVES

2.1 PURPOSE

The purpose of this Plan is to describe how impacts on biodiversity will be minimised and managed during construction of the Project.

2.2 OBJECTIVES

The key objective of the FFMP is to ensure that impacts to biodiversity are managed and are within the scope permitted by the planning approval. To achieve this objective, the following will be undertaken:

• Ensure appropriate controls and procedures are implemented during construction activities to avoid (where necessary) or minimise potential adverse impacts to biodiversity values in the project footprint

• Ensure appropriate measures are implemented to address the mitigation measures detailed in the EIS, SR and CoA

• Ensure appropriate measures are implemented to comply with all relevant legislation and other requirements as described in Section 3.1 of this plan

2.3 TARGETS

The following targets have been established for the management of biodiversity impacts during construction of the Project:

• Ensure full compliance with the relevant legislative requirements • Ensure full compliance with relevant requirements of the EIS, SR and CoA • No disturbance to biodiversity outside the construction footprint • Minimise disturbance to biodiversity within the project area • No increase in distribution of priority weeds currently existing within the project area • No new priority weeds introduced to the project area • No fauna mortality during clearing and construction • No pollution or siltation of aquatic ecosystems, wetlands, endangered ecological

communities or threatened species habitat

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3 ENVIRONMENTAL REQUIREMENTS

3.1 RELEVANT LEGISLATION, GUIDELINES AND COMMITTMENTS

3.1.1 Legislation

Legislation relevant to biodiversity management includes:

• Environmental Planning and Assessment Act 1979 (EP&A Act) • National Parks and Wildlife Act 1974 (NPW Act) • Biodiversity Act 2016 (BC Act) • Fisheries Management Act 1994 (FM Act) • Biosecurity Act 2015 B • Pesticides Act 1999 • Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) (EPBC Act)

Relevant provisions of the above legislation are explained in the register of legal and other requirements included in Section 2 and Appendix B of the CEMS.

3.1.2 Guidelines and standards

The main guidelines, specifications and policy documents relevant to this Plan include:

• NSW National Parks & Wildlife Service. 2001. Policy for the Translocation of Threatened Fauna in NSW: Policy and Procedure Statement No. 9 Threatened Species Unit, Hurstville NSW

• Relevant recovery plans, priority action statements and best practice guidelines.

3.1.3 Conditions of Approval

The CoA issued by DP&E on the 5th July 2017 in relation to biodiversity are provided below in (Table 3-1).

Table 3-1 Location of information in this plan addressing requirements of CoA .

CoA Condition requirement Location

Schedule 3 conditon 10

The Applicant must protect vegetation and fauna habitat outside the approved disturbance areas.

Section 5.2 of this plan

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3.1.4 Project commitments

Appendix A of the Submissions Report commits to the preparation of a FFMP that would incorporate protocols for:

o Protection of native vegetation to be retained o Best practice removal and disposal of vegetation o Weed management o Unexpected threatened species finds o Rehabilitation of disturbed areas

This FFMP satisfies this commitment through the protocols detailed in Section 5 of this Plan.

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4 EXISTING ENVIRONMENT AND IMPACTS

4.1 EXISTING ENVIRONMENT

4.1.1 Landscape attributes

The Nevertire Solar Farm project site comprises freehold land, identified as Lot 26 DP 755292. It is bounded by agricultural land, mostly cropping, to the west, north and east. The Mitchell Highway is along the southern boundary and provides access to the eastern end of the site.

The dominant Interim Biogeographic Regionalisation for Australia (IBRA) subregion affected by the Nevertire Solar Farm project is the Bogan - Macquarie Subregion.

Three Mitchell Landscapes occur within the project site; Boggy Cowal Channels and Floodplains, Boggy Cowal Alluvial Plains and Trangie Terrace. The dominant Mitchell Landscape affected by the project is Boggy Cowal Alluvial Plains.

One stream occurs within the western portion of the project site. Boggy Cowal may be a first order tributary of the Macquarie River. The stream is understood to be ephemeral in nature, filling only during periods of high rainfall. When it contains water, the waterway would provide suitable foraging habitat for fauna groups such as wading birds and ducks, in addition to suitable breeding habitat for frogs. This may in turn provide prey for native and feral predators.

Naturally occurring areas of inundation were observed within the western portion of the project site after Spring rains in 2016, forming ephemeral wetlands. While still cropped, these areas appear to become inundated following heavy rainfall events, and similar to Boggy Cowal, are also considered likely to provide suitable foraging habitat for groups such as wading birds and ducks, in addition to suitable breeding habitat for frogs.

There is one artificially constructed dam within the project site, which provides potentially suitable habitat for wetland birds and amphibians, although they are generally considered low quality due to a sparse covering of aquatic vegetation.

The closest Nationally Important Wetland to the project site is the Macquarie Marshes, located approximately 100km to the north of the development site.

No state or regionally significant biodiversity links occur within the project site or within the study area.

4.1.2 Flora

Two vegetation communities were identified within the Nevertire Solar Farm Project site, cleared/cropped areas and Plant Community Type (PCT) 56 Poplar Box - Belah woodland on clay-loam soils on alluvial plains of north-central NSW. These are described further below.

No threatened flora species were identified within the project site.

Poplar Box - Belah woodland on clay-loam soils on alluvial plains of north-central NSW (PCT 56)

One Plant Community Type (PCT) was identified in the project site, Poplar Box - Belah woodland on clay-loam soils on alluvial plains of north-central NSW (PCT 56). This vegetation is not listed as an Endangered Ecological Community.

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Within the development site, PCT 56 occurred as:

• A small patch (0.84 ha) of moderate to good woodland vegetation around an existing dam within the proposed solar array area

• Derived grassland vegetation along the proposed transmission line with 0.04 ha in moderate to good condition and 0.53 hectares in low condition

This PCT was determined during the survey on the basis of plot data collected within the development envelope and on surveys conducted in adjacent less disturbed vegetation The overstorey was characteristically dominated by Poplar Box (Eucalyptus populneus subsp. bimbil) with a sub component of Belah (Casuarina cristata) and occasional Wilga (Geijera parviflora). Western Rosewood (Alectryon oleifolius subsp. canescens) was present as occasional individuals within the less disturbed vegetation to the north of the solar array site. Characteristic shrub species of PCT 56 present include Thorny Saltbush (Rhagodia spinescens), Climbing Saltbush (Einadia nutans subsp. nutans), Ruby Saltbush (Enchylaena tomentosa) and Galvanised Burr (Sclerolaena birchii). The ground cover was heavily invaded with exotic annuals, perennial grasses and forbs. Where a native groundcover was present, Curly Windmill Grass (Enteropogon acicularis) was often the dominant grass species which is also listed as a diagnostic species for PCT 56. Common diagnostic forbs included Mallee Goodenia (Goodenia fascicularis), Tufted Bluebell (Wahlenbergia communis) and Blue Crowfoot (Erodium crinitum). The project site is located on an alluvial plain and soils were comprised of a clay-loam which is consistent with the description of PCT 56.

Cleared areas (exotic dominated and cropped land)

Highly disturbed and modified vegetation community occupies the majority of the site and is found where there is a prevalence of exotic or planted exotic flora species that make up groundcover. Within the proposed array area, the groundcover is mainly the crop species Wheat (*Triticum aestivum) with various other common agricultural weeds. Along the transmission line route there are areas surrounding the sewage ponds and south of Belerenga Street that are almost entirely exotic grass species including Perennial Rye Grass (*Lolium perenne), Wild Oats (*Avena sp) and Phalaris (*Phalaris aquatica).

4.1.3 Fauna

The field surveys resulted in the identification of three threatened species, and one migratory species within the project site and adjacent habitats. Threatened species identified within the project site included:

• Grey-crowned Babbler (Eastern subspecies) Pomatostomus temporalis temporalis – Vulnerable (BC Act)

• Spotted Harrier Circus assimilis – Vulnerable (BC Act) • Koala Phascolarctos cinereus (Vulnerable BC Act, EPBC Act)

The Grey-crowned Babbler and Spotted Harrier were observed onsite. A single male Koala was heard vocalising in woodland vegetation adjacent to the project site.

One threatened species, Sloane’s Froglet (Crinia sloanei), is assumed to occur within the project site. The survey timing was not suitable for this species. There is potentially suitable habitat for the species present within the site.

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4.1.4 Commonwealth Matters of National Environmental Significance (MNES)

An EPBC protected matters report was undertaken on the 12 October 2016 (10km buffer of the project site) to identify Matters of National Environmental Significance (MNES) that have the potential to occur within the development site. The MNES relevant to the biodiversity assessment are summarised below.

Wetlands of International Importance

Four wetlands of international importance were returned from the protected matters report. The nearest of these (within 100km of the project site) is the Macquarie Marshes. All other wetlands returned from the search are over 500km away. The Macquarie Marshes occurs approximately 95km north of the project site. It is fed by the Macquarie River of which Boggy Cowal may be a first order tributary.

Threatened Ecological Communities

Five threatened ecological communities were returned from the protected matters report. One of these, the Weeping Myall Woodlands EEC occurs in close proximity to the project site but, not within it.

Threatened species

Ten threatened species were returned from the MNES protected matters report. Of these, three are considered to have the potential to utilise the habitats at the project site:

• Superb Parrot (Polytelis swainsonii) – Vulnerable EPBC Act • Corben’s Long-eared Bat (Nyctophilus corbeni) – Vulnerable EPBC Act • Koala (Phascolarctos cinereus) – Vulnerable EPBC Act

Migratory species

Four listed migratory species were returned from the protected matters report. None of these species are considered likely to occur at the site on a regular basis or rely on the habitats present

4.2 IMPACTS AND RISKS

Construction activites

Key aspects of the Project that could result in impacts to biodiversity include:

• Habitat clearance for permanent and temporary construction facilities (e.g. solar infrastructure, transmission lines, compound sites, stockpile sites, access tracks). The consequences of this impact may include:

o Direct loss of native flora and fauna habitat o Injury and mortality to fauna during clearing of fauna habitat o Introduction and spread of priority weeds and pathogens o Disturbance to fallen timber, dead wood and bush rock

Indirect impacts identified in the BAR included risks for soil and water contamination, creation of barriers to fauna movement, or the generation of excessive dust, light or noise. Where not already included as soil and water mitigation commitments of the proposal, these issues are addressed in the environmental mitigation and management measures in Section 6 below.

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Avoidance measures

A preliminary constraints analysis was conducted by NGH Environmental (2016) which informed the site layout design. Vegetation constituting the highest ecological constraints, such as forming components of EECs and providing potential threatened flora and fauna habitat, were avoided as far as practical.

Key changes to the proposal design included:

• Application of a 40m buffer to Boggy Cowal to avoid impacts to associated riparian habitats • Selection of the southern transmission line route, avoiding impacts to woodland vegetation

and threatened species habitat As part of the submissions report the proposal design was further changed, including:

• Avoidance of an onsite dam and vegetation surrounding the dam. Therefore, avoiding potential Koala habitat.

• Avoidance of the identified inundation area and potential Sloane’s Froglet habitat located in the south western portion of the site, adjacent to Boggy Cowal.

The avoidance measures above also result in the avoidance of all hollow-bearing trees and as such, measures to manage the removal of hollow-bearing trees are not required.

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5 ENVIRONMENTAL MITIGATION AND MANAGEMENT MEASURES

5.1 ENVIRONMENTAL ACTIVITIES, IMPACTS AND RISKS

This section identifies environmental risks of the project, to ensure activities with potential to harm the environment are managed commensurate to the risk they pose. Risk is rated low to high, dependent on the likelihood of the activity harming the environment, and the consequence, if the activity should the activity harm the environment. Refer to Table 5-1.

Construction activities that may have an adverse impact on flora and fauna and their associated risk ratings are summarised in Table 5-1 (Biosar Risk Matrix). Note, the impacts below do not include the shading from panels, which is an operational impact of the project.

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Table 5-1 Biosar Risk Matrix

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Most potential impacts are considered a moderate risk. Specific protocols have been developed to manage the impacts of these activities in Section 5.2

PROTOCOL 1: Protection of native vegetation to be retained

OBJECTIVE: Avoid harm to native vegetation outside of the development area

PROTOCOL 2: Removal and disposal of native vegetation

OBJECTIVE: Minimise impacts to native vegetation and ensure best practice methods of disposal

PROTOCOL 3: Excavation (including trenching and stockpile management)

OBJECTIVE: Minimise trap hazard

PROTOCOL 4: Operation of plant and equipment

OBJECTIVE: Minimise noise and other disturbance, minimise harm to resident fauna (including any stock)

PROTOCOL 5: Habitat restoration OBJECTIVE: Restore habitat

PROTOCOL 6: Monitor and adapt actions

OBJECTIVE: Improve management of flora and fauna / respond to on ground results

Additionally, the following issues are addressed by other management plans and are not discussed further by this plan:

Weed control and Rehabilitation of disturbed areas

Covered within the Groundcover Management Plan

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5.2 FLORA AND FAUNA MANAGEMENT PROTOCOLS

The following protocols detail the required management actions in accordance with the project’s conditions of approval and the mitigation measures committed to in the Submissions Report. Project conditions from the Project Approval and Statement of Commitments relevant to the management of flora and fauna impacts during construction are cross referenced in the CEMP.

The following protocols apply to all construction work and environmental management actions.

PROTOCOL 1: PROTECTION OF NATIVE VEGETATION TO BE RETAINED

PROTOCOL 1 Protection of native vegetation to be retained

OBJECTIVE: Avoid harm to native vegetation outside of the development area

Responsibility Timing

Define construction areas Prior to the commencement of work, a physical vegetation clearing boundary at the approved clearing limit is to be clearly demarcated and implemented. The delineation of such a boundary would include the use of temporary fencing, flagging tape, parawebbing or similar.

Elliott Green Power (SEO) Biosar

Pre-construction

Stockpiling of materials and parking of equipment

Where pratical, stockpiling materials and equipment and the parking vehicles would not occur within the dripline (extent of foliage cover) of any native tree outside of the demarcated clearing boundary

Elliott Green Power (SEO) Biosar

Construction

PROTOCOL 2: REMOVAL AND DISPOSAL OF NATIVE VEGETATION

PROTOCOL 2: Vegetation Clearing Protocol

OBJECTIVE: Minimise clearing extent

Responsibility Timing

Minimise clearing • Where clearing is required, limit it to the minimum extent practicable required for the construction of the project.

Biosar Construction

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PROTOCOL 2: Vegetation Clearing Protocol

OBJECTIVE: Minimise clearing extent

Responsibility Timing

• All areas not within the area demarcated for clearing will be strictly avoided - no direct impacts including clearing allowed.

• Minimise works where practical during and immediately following heavy rainfall events.

Tree clearing • When removing trees: o Fell the trees into the most disturbed area possible, to avoid damaging adjacent

vegetation. o Do not push felled trees into areas to be retained.

Biosar Construction

Placement of cleared vegetation

• Any vegetation (including dead trees and woody debris) removed must be placed adjacent to the impacted areas to retain refuge areas, stabilise soils and aid in vegetation rehabilitation. Refer to Protocol 5: Habitat Restoration

Biosar Construction

Construction access • Use of already cleared areas will be maximised for access. • Where it is necessary to cross vegetated areas for access:

o Trees and shrubs will be avoided were possible o Fallen timber would be avoided where possible o If disturbance is such that landforms are destabilised and an erosion risk created,

these areas will be rehabilitated as set out in the Groundcover Management Plan

Biosar Construction

PROTOCOL 3: EXCAVATION (INCLUDING TRENCHING AND STOCKPILE MANAGEMENT)

PROTOCOL 3: Excavation (including trenching and stockpile management)

OBJECTIVE: Minimise impacts of soil excavation and stockpiling

Responsibility Timing

General excavation • Minimise works where practical during and immediately following heavy rainfall events. Biosar Construction

Trenching • Trenches will have infrastructure installed and be backfilled as soon as possible. Those left open will be barricaded to minimise the chance of fauna becoming trapped.

• Where trenches are left open overnight:

Biosar Construction

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PROTOCOL 3: Excavation (including trenching and stockpile management)

OBJECTIVE: Minimise impacts of soil excavation and stockpiling

Responsibility Timing

o Exposed ends of trenches will be left sloping to allow fauna to escape. Maximum trench depth is expected to be about 1 m.

o All captured native fauna would be recorded and records provided to the NSW Wildlife Atlas.

o For any injured / dead fauna: The injured animal taken to a vet (WIRES or RRANA) for treatment

or to be euthanized. Fauna would not be euthanized on site. Injury/death.

Stockpiles • Excavated materials will be windrowed next to the trench and used as backfill. Biosar Construction

Erosion and Sediment Control

• Erosion and Sediment controls would be managed in accordance with the Erosion and Sediment Control Plan detailed in Section 7.3 of the Soil and Water Management Plan (SWMP).

Biosar Construction

Rehabilitation • All disturbed areas that do not have infrastructure directly installed will be rehabilitated progressively as set out in the Groundcover Management Plan

Biosar Construction

PROTOCOL 4: OPERATION OF PLANT AND EQUIPMENT

PROTOCOL 5: Operation of plant and equipment

OBJECTIVE: Minimise noise and other disturbance

Responsibility Timing

Operation of equipment • All reasonable and feasible noise control measures will be implemented according to the Noise and Vibration Management Plan.

• Any spills or contamination events would be managed according to the SWMP.

Biosar Construction

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PROTOCOL 5: Operation of plant and equipment

OBJECTIVE: Minimise noise and other disturbance

Responsibility Timing

Potential for collisions / other disturbance

• Stock will be restricted from construction work areas in consultation with the landowners.

• Heavy vehicles will be restricted to existing tracks and designated access ways which will be marked on site plans. Other vehicles (parking and access) will be rationalised to limit areas of impact, in accordance with the Traffic Management Plan.

• Vehicle speed will be limited to 20 km/h onsite • All staff will be made aware of high risk periods for vehicle collisions with wildlife, which

are: o Early morning o Evening

• Any animals killed by vehicle collision would be relocated away from existing tracks and designated accesways to reduce the potential for further collision with scavenging species such as raptors.

Biosar Construction

PROTOCOL 5: HABITAT RESTORATION

PROTOCOL 5: Habitat restoration

OBJECTIVE: Restore habitat features

Responsibility Timing

Dead trees and woody debris • Dead trees and woody debris that have been removed will be placed adjacent to the impact area to retain refuges in the immediate areas, stabilise soils and aid in vegetation rehabilitation.

Biosar Construction

Rocky habitats • Rocks uncovered during excavation will placed adjacent to the impact areas to retain refuges in the immediate areas.

Biosar Construction

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PROTOCOL 6: MONITOR AND ADAPT ACTIONS

PROTOCOL 9:

Monitor and adapt actions

OBJECTIVE:

Improve management of flora and fauna / respond to on ground results

Responsibility Timing

Monitoring would be undertaken monthly as a minimum. Indicators to be monitored will include: • Clearing restricted to only that required, indirect impacts of clearing managed • Appropriate location and management of stockpiles • Appropriate operation of plant and equipment • Injured fauna – all injuries or mortalities to be recorded on a register • Any fauna trapped, removed at first light • WIRES or RRANA called immediately, if required • Habitat elements (rocks and logs) replaced • Specific plans implemented where required • Regular tool box talks addressing the above issues

Based on the results of monitoring, the protocols above will be adapted as required to ensure the objectives are achieved.

Biosar Construction

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6 COMPLIANCE MANAGEMENT

6.1 CONSULTATION

Consultation requirements relevant to the FFMP are summarised below in Table 6-1.

Table 6-1 Consultation requirements: FFMP

Stage of project Consultation requirements Status

Flora and Fauna Management Plan

To be developed in consultation with OEH, DI Lands and local leaseholders prior to construction.

The draft has been forwarded to OEH and DI lands for input prior to finalisation.

6.2 ROLES AND RESPONSIBILITIES

The Biosar Project Team’s organisational structure and overall roles and responsibilities are outlined in the CEMS. Specific responsibilities for the implementation of environmental controls are detailed in Section 4.1 of the CEMS and Section 5.2 of the CEMP. Table 6-2 details relevant roles and responsibilities for this Plan.

Table 6-2 Relevant roles and responsibilities

Role Responsibility Authority

Site HSEQ Officer • Preparing the environmental aspects of the site induction presentation.

• Ensuring that all staff are appropriately trained in the project’s environmental requirements and responsibilities as set out in this FFMP.

• Reviewing and actioning environmental inspection and audit findings.

• Monitoring the environmental aspects of the work, particularly in relation to waste management, construction and access works, and soil management.

• The timely and proper response to requests for information and environmental issues raised by regulatory bodies.

• Undertake fortnightly environmental inspections and post rainfall inspections.

• Recommend a Stop-work for an activity that may cause material or environmental harm.

All Biosar Australia staff and contractors

• Work in accordance with the FFMP. • Report and raise any issues that arise

that may have an impact on biodiversity.

• Report any issues that may have the potential to cause environmental harm.

• Report any incidents or near-misses that may impact on the environment or breach conditions set-out in this FFMP.

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6.3 TRAINING

Training will be provided to all personnel involved in construction and management phases of the Project, including relevant sub-contractors through inductions, toolbox talks and targeted training.

6.4 MONITORING AND INSPECTION

Monitoring of flora and fauna management would be undertaken monthly as detailed in Protocol 7. Elliott Green Power would be responsible for undertaking monitoring.

6.5 RECORD KEEPING AND MANAGEMENT

Records required by the protocols in Section 6 will be stored safely and be readily accessible for auditing. The SEO is responsible for maintaining all environmental management documents as current at the point of use. Types of records relevant to this FFMP include:

• All monitoring, inspection and compliance reports/records • Correspondence with public authorities • Induction and training records • Reports on environmental incidents, other environmental incidents non-conformances,

complaints and follow-up action.

6.6 AUDITING

Audits (both internal and external) will be undertaken to assess the effectiveness of environmental controls, compliance with this sub plan and other relevant approvals, licenses and guidelines.

Flora and fauna management should be included within any environmental audit of impacts undertaken during the construction phase.

Audit requirements are detailed in Section 5 Section 8 of the CEMS and Section 9.3 of the CEMP.

6.7 REPORTING

Reporting requirements and responsibilities are documented in Section 5.3 Section 8.3 of the CEMS and Section 9.3 of the CEMP.

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7 REVIEW AND IMPROVEMENT

7.1 CONTINUOUS IMPROVEMENT

Continuous improvement of this plan will be achieved by the ongoing evaluation of performance against the FFMP, environmental policies, objectives and targets to identify opportunities for improvement.

The continuous improvement process will be designed to:

• Identify areas of opportunity for improvement of environmental management and performance.

• Determine the cause or causes of non-conformances and deficiencies. • Develop and implement a plan of corrective and preventative action to address any non-

conformances and deficiencies. • Verify the effectiveness of the corrective and preventative actions. • Document any changes in procedures resulting from process improvement. • Make comparisons with objectives and targets.

7.2 FFMP UPDATE AND AMENDMENT

The processes described in the CEMS may result in the need to update or revise this Plan. This will occur as needed.

Only the Environment Manager or delegate, with relevant Agency approval (if required) has the authority to change any of the flora and fauna management documentation.

A copy of the updated plan and changes will be distributed to all relevant stakeholders in accordance with the approved document control procedure- refer to the CEMS.

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8 REFERENCES NGH Environmental (2017a) Biodiversity Assessment Report: Nevertire Solar Farm. Report prepared for

Epuron January 2017.

NGH Environmental (2017b) Environmental Impact Statement: Nevertire Solar Farm. Report prepared for Epuron January 2017.

NGH Environmental (2017c) Submissions Report: Nevertire Solar Farm. Report prepared for Epuron April 2017.

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APPENDIX A APPROVED GENERAL LAYOUT OF DEVELOPMENT

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APPENDIX B TREE CLEARING PROCEDURE

B.1 TREE CLEARING PROCEDURE The clearing of hollow-bearing trees is to be done in accordance with the following protocols.

B.2 LOPPING, PRUNING AND TRIMMING PROCEDURE

Heavy machinery should not be used for pruning or trimming. Appropriate tools to use are loppers, chain saws and vehicle mounted saws.

In the first instance, hollow bearing limbs should be retained. If this is not possible the hollow bearing limb should be inspected by the Project Ecologist / suitably qualified expert and placed in adjacent un-disturbed vegetation to provide fauna habitat.

Tree limbs are to be removed using the three cut method as shown below in Figure 1. 1.

Figure 1 – Three cut method.

B.3 HOLLOW-BEARING TREE REMOVAL PROCEDURE Hollow-bearing trees are important habitat feature for a variety of native animals such as possums, gliders, birds and bats. Before clearing any hollow-bearing trees, it is important to consider if animals are present. The following procedure is a guide to give animals an opportunity to escape a hollow-bearing tree prior to it being removed.

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B.4 REMOVAL OF TREES OUTSIDE THE APPROVED CLEARING LIMITS

The approved clearing limit is the line between the vegetation to be removed and the vegetation to be retained. Vegetation removal will only occur within the approved limits identified in the EIS and BAR. It will be shown on all design plans as required. If construction activities require tree removal or trimming that has not been included in the approved design a modification to the existing COA may be required.

Where additional impacts to trees are identified, the following process should be followed:

1. The Supervisor should notify the HSEQ Manager of the location and need for the tree impact. 2. In consultation with the Project Ecologist, the HSEQ Manager should confirm that the tree (or other

vegetation type) is not heritage listed, a habitat tree, nominated for retention or protected under relevant legislation and is legally able to be removed and/or trimmed. Alternatives to removing the tree should also be investigated at this stage.

3. The Project manager should notify the HSE Coordinator of the works which may require a site visit.

Clear other surrounding native vegetation first and allow hollow-bearing trees to

remain standing overnight. After at least one night, hollow-bearing vegetation can be

removed in accordance with the following steps.

Prior to removal, organise a spotter who will look for signs of animal movement in the vegetation to be cleared. Ensure that the

spotter can locate all hollows and that the spotter has direct radio and/or visual

communication with the plant or chainsaw operator.

Before felling the tree, use an excavator or loader to nudge the trunk of the tree as high

as possible several times. Wait at least 30 seconds then repeat the process. This is to allow any animals an opportunity to escape prior to felling the tree. If using a chainsaw, remove some non-hollow-bearing branches first to allow any fauna the opportunity to

escape.

If removing the tree in stages, remove non-hollow-bearing branches first, allowing an

opportunity for animals to escape.

Once the hollow-bearing branches of hollow-bearing tree are on the ground, the spotter must check each hollow for signs of animals

before the next branch/tree is removed.

Keep a record of any animals that manage to escape.

If any injured animals are found, refer to animal handling procedure.

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4. The Supervisor should await written confirmation from the HSE Coordinator prior to re-commencing works around the tree(s).

B.5 RE-USE OF WOODY DEBRIS FOR HABITAT ENHANCEMENT

Felled timber greater than 200 mm and less than 600 mm will be used as Coarse Woody Debris (CWD) for habitat enhancement and to maximize the salvage of resources within the disturbance area for beneficial reuse. CWD can be used to enhance habitat values in existing vegetation and rehabilitated areas including derived native grassland (either in offset areas or areas adjoining impacted areas). CWD can provide:

• Habitat for microinvertebrates • Habitat for macroinvertebrates • Habitat for vertebrates using fallen timber for shelter, e.g. skinks, geckoes, dunnarts • Habitat for vertebrates using fallen timber for foraging, e.g. treecreepers, robins • A source of nutrients for native vegetation • Increased habitat complexity

CWD will be placed as discrete logs rather than in piles to reduce fire risk and potential for use as shelter by feral animals such as foxes and rabbits. CWD will be placed at discrete intervals at densities to ensure that the CWD Benchmark for the receiving PCT is not exceeded. The density of CWD must take into account existing fallen timber. Removal, transportation, and placement of CWD will be carried out in a manner that minimises disturbance to native vegetation, including the canopy, trees, shrubs, standing dead timber, fallen timber, and groundcover, as well as topsoil.

Felled timber greater than 600 mm (primarily tree trunks) will be used as CWD where practicable or left on site where it is too large to transport.

Woody debris between 10 and 200 mm in diameter will be chipped and used for disturbed area rehabilitation.

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APPENDIX C VEGETATION CLEARING PROCEDURE When undertaking vegetation clearing, the following process must be followed to minimise the area of disturbance and the amount of vegetation to be cleared.

* The term vegetation in this procedure means any native trees, shrubs or grassland.

** The term sensitive vegetation refers to native vegetation that is adjacent to and outside of any designed clearing area. Sensitive vegetation will be protected in the field by exclusion fencing and signage (Figure 14-1, Figure 14-2. Exclusion fencing will define the boundary between vegetation to be removed and vegetation to be retained.

Is the vegetation* to be cleared adjacent to vegetation that is not to be disturbed?

Demarcate the sensitive

vegetation** using fencing, flags, guide rope and/or signage.

Does the non-sensitive vegetation

to be removed comprise trees with

hollows?

Refer to the Hollow-bearing tree removal

procedure. Is pruning sufficient?

Prune the minimal amount of branches

and foliage.

Clear removed vegetation to a disturbed area.

Remove the vegetation.

Stockpile removed vegetation in an approved area.

YES

NO

NO

NO

YES

YES

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Figure 14-1 Example of exclusion zone signage.

Figure 14-2 Example of exclusion zone fencing.

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APPENDIX D VEGETATION CLEARANCE REGISTER Location Vegetation

Community Area cleared (ha)

Number of habitat trees removed

Tree coordinates

Tree species Tree sizes (DBH, m)

Hollow details (size, shape, height, evidence of fauna)

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APPENDIX E UNEXPECTED THREATENED SPECIES FINDS PROCEDURE

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APPENDIX F FAUNA HANDLING PROCEDURE The following procedure is derived from information provided by the NSW Wildlife Information Rescue and Education Service (WIRES) and the RTA’s Biodiversity Guidelines: Protecting and managing biodiversity on RTA projects.

Any nests found in habitat features to be removed should be inspected by the Ecologist to determine whether fauna are using the nest, and whether relocation of the fauna and the nest to an adjacent area is viable.

As a general principle, any native animals found with the construction area should be avoided. Fauna should only be handled by a qualified ecologist or wildlife carer with relevant skills and experience (e.g. snake handling), and only when absolutely necessary.

Any onsite protected fauna found within a habitat feature to be removed should be captured and relocated according to the following steps. Any onsite protected fauna injured during a construction activity should be captured and a wildlife handler (WIRES) or vet contacted.

Step 1

Remove any threat to the animal that could cause or exacerbate an injury.

Step 2

Use appropriate equipment to capture the animal. This may include:

• Frogs: disposable gloves, disinfectant on hands and equipment between animals, disposable plastic bags (one per animal, one use only)

• Mammals: gloves, cloth bags/cotton pillow slips, up-to-date Australian Bat Lyssavirus vaccinations

Step 3

Contain the animal to minimise stress. Gently place the animal in a holding box specifically designed for holding animals. Cotton pillowslips may be used to cover mammals, or mammals may be placed inside them. Boxes should be placed in a quiet, safe, dark location (not in a vehicle unless temperature is constantly monitored). Do not give the animal food or water.

Step 5

Call WIRES on 1300 556 686, who will provide advice on what to do until a trained WIRES rescuer can come to take the animal away. If you cannot contact WIRES, contact Wellington Veterinary Hospital on 02 6845 2872.

Step 6

Release fauna into similar habitats, as near as possible to their capture location. Diurnal (day-active) fauna should be released during the day of capture. Nocturnal (night-active) fauna should be released at or after dusk. Arboreal fauna should be slowly released from their bag onto the trunk of a tree, with bats and gliders placed on a tree with rough or peeling bark and hollows.

Step 7

Details of fauna captured and relocated should be recorded in the following register. Any injury or death of a threatened species should be reported to the HSE Coordinator.

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Date Species Location and time captured

Location and time released Behaviour and condition on release

Details of any injuries/ death

Contact details of vet/wildlife handler if transferred to their care

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APPENDIX G WEED MANAGEMENT PROCEDURE

G.1 WEED INSPECTION

The HSE Coordinator will undertake a ‘joint inspection’ with the Project Ecologist or qualified weed contractor to inspect the area for priority weeds (Priority weeds under Biosecurity Act 2015) and other weeds as required:

• A survey of weeds will occur with other environmental inspections. • Prior to clearing and grubbing. • When a potential weed infestation has been identified. • Before spring (around August) to identify weeds before they go to flower and seed. Infestations of priority weeds and WONS will be mapped with GPS by the Project Ecologist during the joint inspection including noting the specie(s) degree of infestation and capturing an image for monitoring purposes.

G.2 WEED TREATMENT

Detailed information on weed control and management, including herbicide types and application rates, can be sought from the Project Ecologist or from the WeedWise website (http://weeds.dpi.nsw.gov.au/). .

G.3 PESTICIDE APPLICATION RECORD

Pesticide application is to be administered by authorised personnel only (i.e. ChemCert Accreditation – AQF 3), in accordance with SafeWork requirements.

Pesticides will only be applied in accordance with the Safety Data Sheet (SDS) for that product.

A Pesticide Application Record will be completed, and public notifications made in accordance with relevant legislation, where pesticides are to be used in areas that could be accessed by members of the public.

Only pesticides registered for use near water may be used near any waterways.

G.4 FOLLOW-UP INSPECTION

The HSE Coordinator

will ensure that a follow-up inspection is undertaken of identified weed infestation sites to ensure treatment was successful.

Where weeds cannot be effectively destroyed prior to topsoil stripping, weed contaminated topsoil will be isolated and either encapsulated by deep burying, or disposed of at an approved offsite licensed facility as directed by the HSE Coordinator.

G.5 VEHICLE, PLANT & EQUIPMENT MOVEMENT

To prevent the spread of weeds through the construction site and surrounding areas, the movement of weed-contaminated plant and equipment will be monitored by the Supervisor. The Supervisor will ensure that all plant and machinery that enter the site is inspected and free of weeds. Plant and equipment will

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be checked and cleaned before leaving a worksite that contains priority weeds. Plant and equipment leaving the site will be cleaned so as to be free of soil and vegetation. This will occur in the plant washdown area in the main compound. Any water from this wash down area will be directed to compound water quality pond.

Records of all construction plant screen checks will be recorded on a Mobile Plant Inspection Checklist and monitored by the Supervisor (refer to form FM-15d Plant Acceptance Checklist).

G.6 WEED DISPOSAL

Where priority weed areas are disturbed by construction activities, weeds and topsoil potentially containing weed propagules will be removed and disposed of, as required by the Waste Management Protocol outlined in the EMP. Any weeds physically removed (particularly those bearing seeds) will be disposed of appropriately at a licenced facility.

G.7 ONGOING MANAGEMENT & MONITORING

Monitoring or weed infestations will occur as part of the routine weekly inspections to determine effectiveness of management controls. The presence of any weeds and the necessary management actions will be noted on the Site HSE Inspection Checklist (refer to the CEMP).

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APPENDIX H PESTICIDE APPLICATION RECORD

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APPENDIX I WORKING CLOSE TO BOUNDARY PROCEDURE

The following procedure outlines some mitigation measures to be applied when working in close proximity to the boundary of the solar farm construction footprint.

Prior to the construction of each section of work, check

the relevant drawing to determine if the access road

or hardstand is in close proximity to the development

boundary.

If the access road or hardstand is within 50m of the development boundary,

check and mark out the development boundary.

Erect temporary NO ENTRY signs every 20m along the

marked development boundary.

During pre-start meetings, remind site personnel of the NO ENTRY rule when working

close to the development boundary.

If work outside of the development boundary is

required in order to prevent harm to the environment,

such work must be approved by the Site Manager.


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