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PO Box 495 Unit 2, 10-11 Ferguson Road Springwood NSW 2777 T (02) 4751 9487 F (02) 4751 9488 Abel Ecology Pty Ltd E [email protected] 2 Samuel 20:18 ACN 079 079 762 – ABN 72 516 253 751 www.abelecology.com.au Abel Ecology Fauna Management Protocol for Construction Sites for 14 & 28 Clarke Street, Riverstone NSW 2765 Lot 1 & 8, DP 30211 Long-necked Turtle rescued at Metella Reserve Prepared for: Elite International Investment Pty Ltd Offer No: AE17-REP-1748-ISS 1 Prepared by: Abel Ecology Date: 18 September 2017
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Page 1: Fauna Management Protocol for Construction Sites 14 & 28 ......whether fauna should be excluded from the site, aided in escaping from the site or aided in re-entering the site post-construction.

PO Box 495 Unit 2, 10-11 Ferguson Road Springwood NSW 2777 T (02) 4751 9487 F (02) 4751 9488

Abel Ecology Pty Ltd E [email protected] 2 Samuel 20:18 ACN 079 079 762 – ABN 72 516 253 751 www.abelecology.com.au

Abel Ecology

Fauna Management Protocol for Construction Sites

for 14 & 28 Clarke Street, Riverstone NSW 2765 Lot 1 & 8, DP 30211

Long-necked Turtle rescued at Metella Reserve

Prepared for: Elite International Investment Pty Ltd

Offer No: AE17-REP-1748-ISS 1 Prepared by: Abel Ecology Date: 18 September 2017

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Disclaimer

This report has been prepared in accordance with the scope of services described in agreement between Abel Ecology and the Client.

In preparing this report, Abel Ecology has relied upon data, surveys and site inspection results taken at or under the particular time and or conditions specified herein. Abel Ecology has also relied on certain

verbal information and documentation provided by the Client and/or third parties, but did not attempt to independently verify the accuracy or completeness of that information. To the extent that the conclusions and recommendations in this report are based in whole or in part on such information,

they are contingent on its validity. Abel Ecology assumes no responsibility for any consequences arising from any information or condition that was concealed, withheld, misrepresented, or otherwise not fully disclosed or available to Abel Ecology.

The findings contained in this report are the result of discrete/specific methodologies used in accordance with normal practices and standards. To the best of our knowledge, they represent a reasonable interpretation of the general condition of the site in question. Under no circumstances,

however, can it be considered that these findings represent the actual state of the site/sites at all points.

Any representation, statement, opinion or advice, expressed or implied in this publication is made in good faith but on the basis that Abel Ecology, its agents and employees are not liable (whether by reason of negligence, lack of care or otherwise) to any person for any damage or loss whatsoever,

which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any representation, statement, or advice referred to above. Any findings, conclusions or recommendations only apply to the aforementioned circumstances and no greater reliance should be assumed or drawn by the Client.

Furthermore, this report has been prepared solely for use by the Client. Abel Ecology accepts no responsibility for its use by other parties.

Document History

Report Version Prepared by Checked by Submission

Method Date

Draft Report

Draft A Mark Mackinnon Dr Daniel McDonald

Steven Smith Email 21 July 17

Report Issue 1 Mark Mackinnon Dr Daniel McDonald

Steven Smith Email 18 Sept 17

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TableofContents1. Purpose ......................................................................................................................................................... 42. Assessment of Fauna species or habitat on a construction site ............................................................. 43. Consents ....................................................................................................................................................... 54. Site survey for fauna species and habitat (pre-construction) ................................................................. 55. Analysis of significant species or habitat requiring management ......................................................... 66. Isolation of the site/habitat (Pre-construction) ......................................................................................... 67. Identify relocation site and strategy (Pre-construction) .......................................................................... 78. Implement fauna barriers/escapes, protection measures and fauna removals (Pre-

construction) .............................................................................................................................................. 78.1 Sedentary species ....................................................................................................................................... 88.2 Mobile aquatic/semi-aquatic species ...................................................................................................... 88.3 Mobile Terrestrial Species ............................................................................................................................ 89. Preparation of working arrangement between Fauna Ecologist & Site Manager ................................. 910. Site induction for contractors (Construction Phase – Dam De-watering) ............................................... 911. Commence construction (Construction Phase – Dam De-watering) ..................................................... 912. Completion (Post-construction) ................................................................................................................ 1013. References .................................................................................................................................................. 1014. Appendix 1. Fauna Management Checklist for Construction Sites ...................................................... 11

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1. Purpose

Construction works, or disturbance, may adversely affect fauna species and their habitat. A Protocol

for Fauna Management during construction works aims to minimise impact on fauna species present within the construction site. This protocol is applicable to sites that contain potential fauna habitat, which may be impacted by construction. In this case, a Fauna Ecologist may need to be consulted.

This Fauna Management Protocol will need to be modified for each site. There are two potential management actions relevant to this site and potential fauna:

Before and during construction

1. Exclusion from the site. In some cases it will be more important to deter animals from entering, e.g. water birds, from a potentially hazardous artificial water body.

2. Escape or removal from the site. At others it may be important to enable escape routes for

fauna during construction, e.g. aquatic fauna during creek line modification. Alternatively,

some fauna may be moved to a new suitable location. These priorities may require the Fauna Ecologist to actively capture fauna, or may be done passively

by fauna barriers or access/escape pathways. Both management actions may potentially be required at this site.

2. AssessmentofFaunaspeciesorhabitatonaconstructionsite

This protocol is applicable to sites that contain potential fauna habitat that may be impacted by

construction. This initial assessment will be made by a Construction Site Manager responsible for the construction

site. If suitable habitat exists, a Fauna Consultant may need to be engaged for fauna management. If it is uncertain, the Fauna Consultant may need to be consulted first.

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3. Consents

The Pre-Application Meeting Minutes (PAM No. C17/1880, Dated - 2 Feb 2017) provided by Blacktown

City Council, states the responsibilities of the consent holder in regards to the de-watering of the dams:

• A contamination report for dams identified on the site. The report will outline the mitigation

strategies if the water is contaminated (i.e. the de-watering of contaminated water). • If applicable, the proponent must apply to the Environmental Protection Authority (EPA) for a

discharge permit (EPL), and

• A storm-water management plan for the proposal. The EPL must then be shown to Council and comply with any conditions. Any contamination must be made known to Council and the EPA. Any offsite disposal must be subject to a final classification,

transported to a licensed facility with waste tracking, and contain a site validation. A contamination report (report no. DL4140_S007004) has been provided by DLA Environmental

Services (dated July 2017) with no requirement for an EPL. The report above gives recommendations and methodology for the disposal of the dam water and sediments on-site.

4. Sitesurveyforfaunaspeciesandhabitat(pre-construction)

A Fauna Ecologist will conduct a preliminary fauna species and habitat survey/site inspection. In general, this will involve “point and identify” searches, to record species present. Significant habitat to be protected from works will also be identified.

In addition to the site survey a vertebrate and mollusc species list is to be compiled from the following sources:

1. Cross reference to the Atlas of NSW Wildlife fauna database. 2. Previously recorded species (reports, local observations of fauna). 3. Threatened species likely to occur given appropriate available habitat.

A site inspection by the Fauna Ecologist revealed the dams are likely to have Long-neck Tortoise, and Long-finned Eel. No threatened species are likely to be present within dams on-site.

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5. Analysisofsignificantspeciesorhabitatrequiringmanagement

Previous records of fauna species in the area, or the presence of suitable habitat on or adjacent to

the site, may indicate species “are likely to occur” in the site area. The site will be analysed as to whether fauna should be excluded from the site, aided in escaping from the site or aided in re-entering the site post-construction.

In general fauna will fall into the following groups:

1. Sedentary fauna, e.g. mussels, snails. 2. Mobile aquatic fauna, e.g. turtles, eels. 3. Mobile terrestrial fauna, e.g. Native Water Rat, possums.

Fauna species in the sedentary/mobile/terrestrial/aquatic groups above will have differing abilities to escape the site. For example, the Cumberland Plain Land Snail Meridolum corneovirens is largely sedentary. Long-finned Eel, in contrast, are highly capable dispersers, but will probably need removal

during construction. Items 6-13 below may, or may not, be applicable depending on which fauna groups are likely to be

present, and which of the three management actions are required.

6. Isolationofthesite/habitat(Pre-construction)

Where possible fauna will be deterred, rather than relocated. Small construction sites may be isolated from potential wildlife corridors through the use of fencing or other barriers. The Fauna Ecologist will

discuss with the Site Manager appropriate protective measures. This will include protection of habitat during works where possible. In some circumstances, escape pathways for disturbed fauna may also need to be installed where required.

Action: There is no need for Isolation of the site and habitat during the pre-construction phase.

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7. Identifyrelocationsiteandstrategy(Pre-construction)

This may involve relocating individual animals or their habitat, such as hollow logs, loose rocks or

woody debris. Based upon the species list (Item 4), a relocation site, containing suitable habitat, will need to be identified. Relocation strategies will be specific to the site and species present.

Action: Any fauna caught by the Ecologist during the dam de-watering process will be relocated to First Ponds Creek at its intersection with Riverstone Road, Riverstone NSW. This is movement off-site by 130 metres.

8. Implement fauna barriers/escapes, protection measures and faunaremovals(Pre-construction)

Significant areas or features of habitat will be marked out to be protected from works. Barriers and

protection devices are to be implemented as identified in Items 4 and 6. Any physical obstructions hindering access to the site may need to be removed. Ideally a clear pathway between the removal points and the relocation site should occur. Animal handling/holding procedures and equipment will

need to be available prior to construction. Resources need to be obtained for rescue or euthanasia of injured fauna and euthanasia of feral fauna. All fauna handling should be carried out or supervised by the Fauna Ecologist.

Fauna will be removed as per the relocation strategies identified in Item 7 above. Relocation methods will be dependent upon the species present and the area under construction. Special consideration will need to be paid to any threatened or vulnerable species. If only a small area is to be developed,

physical barriers can be constructed and inserted, and species can be relocated to regions either side of the proposed development. Disturbed fauna are to be captured as required. The following general practices should be adhered to:

1. All vertebrate fauna captured should be stored in separate bags/containers. 2. The NSW NPWS (2001) Hygiene Protocol for the control of disease in frogs.

3. Nocturnally active species if captured during the day should not be released until the evening/nightfall.

4. NHMRC et al. (2004) Australian code of practice for the care and use of animals for scientific

purposes (sixth edition). 5. Aquatic animals will be caught using nets, put into 32 micron polythene plastic bags and

transported, in insulated containers, to the appropriate relocation site. 6. Terrestrial animals will be trapped as deemed appropriate to the species.

7. Feral species will not be relocated or released. Release of feral (noxious) animals is illegal in NSW under the Rural Lands Protection Act 1989 No. 197.

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8.1 Sedentary species

Cumberland Plain Land Snail No Cumberland Plain Land Snail has been found on-site.

Benthic invertebrates Such species should be captured opportunistically by netting, mud sifting or other means. All benthic invertebrates will be relocated to the relocation site as per Item 7.

8.2 Mobile aquatic/semi-aquatic species

Frogs Frogs searches must occur during or shortly after rain. NSW NPWS, 2001 hygiene guidelines should be

followed, such as handling with gloves and only placing one frog per bag/container if relocating. Fish Fish may be netted. Introduced predatory species, such as Plague Minnow Gambusia holbrooki, will not be relocated.

Turtles Turtles will be netted or captured by hand.

8.3 Mobile Terrestrial Species

Reptiles Active searching for mobile terrestrial species during warm days will be most effective. Appropriate handling jigs or tongs should be available for venomous species.

Birds If birds are not deterred by machinery and construction works, bird scare strategies may be used to scare them out of harm’s way, e.g. scarecrow, hawk silhouette, gas guns.

Mammals Mammals should be captured opportunistically, with minimal handling and kept until release in a

quiet, dark location.

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9. Preparation ofworking arrangement between Fauna Ecologist & SiteManager

The presence of an on-site Fauna Ecologist is necessary to control any animals that may be displaced through the development process. The role of the ecologist is to capture and relocate these

individuals to the appropriate sites, as well as implement exclusion, escape and re-entrance structures. A working arrangement will need to be reached for the duration of the construction works outlining when the Fauna Ecologist would need to be on site or how she or he can be contacted and or

consulted. The Site Manager or Ganger may be responsible for constructing some of the exclusion, escape and re-entrance structures after consulting with the Fauna Ecologist. The Fauna Ecologist can be contacted by calling or emailing Abel Ecology Pty Ltd on (02) 4751 9487

or [email protected].

10. Siteinductionforcontractors(ConstructionPhase–DamDe-watering)

A contractor induction programme will be drawn up for all site workers prior to any works. Contractors

will need to be aware of the specific area under construction. They will be informed about the local fauna and will be introduced to the on-site Fauna Ecologist. Open dialogue will be encouraged between these two parties, so that any displaced animals during construction can be identified and

dealt with appropriately.

11. Commenceconstruction(ConstructionPhase–DamDe-watering)

Appropriate animal handling equipment will be prepared prior to construction (Item 8). Disturbed fauna are to be captured and relocated as required. Fauna injured in the construction phase are to

be managed according to the Australian code of practice for the care and use of animals for scientific purposes (NHMRC et al., 2004), either for rescue or euthanasia. Correctly identified feral species, if captured, should not be relocated or returned to the site; they are to be euthanased in accordance with practices mentioned in Item 11 above.

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12. Completion(Post-construction)

No further fauna management will be required once construction has ceased and no further

interventions to fauna species or habitat is required. A site-specific fauna management summary report may be submitted if required at this point.

13. References

National Health and Medical Research Council, Commonwealth Scientific and Industrial Research Organisation, Australian Research Council, and Australian Vice-Chancellors’ Committee; (2004) Australian code of practice for the care and use of animals for scientific purposes, Seventh edition, Canberra.

NSW National Parks and Wildlife Service (2001). Hygiene protocol for the control of disease in frogs. Information Circular Number 6. NSW NPWS, Hurstville NSW.

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14. Appendix1.FaunaManagementChecklistforConstructionSites

This checklist is a summary and is to be used in conjunction with the Fauna Management Protocol for

Construction Sites.

1. Does the site contain potential fauna habitat or species that may be impacted by construction or require management?

Yes (or don’t know) – Proceed to Item 2. No – Proceed with construction.

2. Have consents been obtained as required under relevant legislation and regulations?

• Part 5 EP&A Act • Section 111 EP&A Act Yes – Proceed to Item 3. No – Refer to Council’s planning and environmental staff.

3. Engage Fauna Ecologist for following actions.

• Site survey/inspection for fauna habitat and species. • Identify habitat to be protected from works. • Compile list of species and habitat to be affected (from survey results and other documents or

local knowledge sources).

4. Determine if significant species or habitat requiring management are present

Yes – Proceed to Item 5. No – Proceed with construction.

5. Can fauna escape or be excluded from the construction sites so no relocations are necessary?

Yes – Site Manager to discuss escape/exclusion structures/measures with Fauna Ecologist, and proceed with construction.

No – Site Manager to discuss protective/barrier measures with Fauna Ecologist, and proceed to

Item 6.

6. Fauna species/habitat relocation and protective measures.

• Determine appropriate relocation site for species. • Determine appropriate relocation site for habitat (e.g. logs, rocks, debris). • Determine appropriate fauna relocation/holding methods for pre-construction and during

construction.

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7. Implement escape/exclusion measures and pre-construction relocation measures.

• Escape/exclusion identified in Item 5. • Prepare animal holding/handling equipment and resources. • Relocate fauna species or habitat as determined in Item 6.

8. Prepare working arrangement between Fauna Ecologist and Site Manager.

• This step may have been completed in Item 5. • Outline time requirements for Fauna Ecologist to be on the site. • Outline contact methods and availability of Fauna Ecologist for on-demand site visits during

construction.

9. Induction programme to be drawn up and implemented for all contractors prior to any works.

• Prepare site induction documents. • Prepare induction sign off sheets. • Organise storage and record keeping for sign-off sheets.

10. Commence construction • Implement fauna management procedures from Items 6 and 7. • Relevant Animal Ethics Committee guidelines are to be followed.

11. Is further fauna management of species or habitat required?

Yes – Remaining relocations, works, removal of barriers to be completed.

No – Once no further fauna intervention is required, management is complete. A summary report may be submitted or the Fauna Ecologist may sign-off depending on requirements.


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