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Public Notice – Update to Referral under the Environment Protection and Biodiversity Conservation Act 1999 – 30 July 2018

As previously advertised, on 25 October 2017 the Commonwealth Department of the Environment and Energy (the Department) advised that a decision had been made to classify the Southern Precinct as a controlled action under Section 75 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Following an extended public comment period on the proposed action, and Cook Cove Inlet adequately addressing the issues raised by the public, the Department decided on 20 July 2018 that the proposed action is approved, subject to conditions. This decision was made under sections 130(1) and 133 of the EPBC Act.

In its decision, the Department noted that the proposed offset package (part of the Southern Precinct Green and Golden Bell Frog Strategy) including habitat construction “is expected to provide approximately five times the offset required to appropriately compensate for the impact in accordance with the EPBC Act environmental offsets policy”.

A link to the Department’s full decision can be found below.

Commonwealth decision regarding reconsideration of the original referral – 20 July 2018


Public Notice – Update to Referral under the Environment Protection and Biodiversity Conservation Act 1999 - 18 April 2018

As previously advertised, on 25 October 2017 the Commonwealth Department of the Environment and Energy (the Department) advised that a new decision for the Southern Precinct project would be made under Section 75 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). As directed by the Department, Cook Cove Inlet undertook a public comment period under Section 95(2) of the EPBC Act, from 22 November 2017 to 6 December 2017.

To allow for late submissions from the community, the consultation process accepted and considered submissions up to 21 December 2017, allowing an extra two weeks of public comment than the minimum timeframe set by the Commonwealth under the EPBC Act.

Cook Cove Inlet has subsequently reviewed all submissions and comments received and have prepared a summary response to the issues raised. On 10 April 2018, the Department advised that the response has adequately addressed the issues raised by the public. Under Section 95B(2) the Department then directed that Cook Cove Inlet re-publish the preliminary documentation package, with the responses to submissions, for information only.

Links to Cook Cove Inlet’s additional information and response to submissions are provided below:

Links to the preliminary documentation package exhibited are provided below:

Original Referral documentation – 22 August 2016

  • Cook Cove Southern Precinct – Referral of proposed action, prepared by Cumberland Ecology

  • Attachment A – Figures, prepared by Cumberland Ecology

  • Attachment B – Indicative Development Proposal DotE version, prepared by John Boyd Properties

  • Attachment C Part 1 – Table A Likelihood of occurrence of threatened ecological communities, flora and fauna species within Project Boundary

  • Attachment C Part 2 – Table B Likelihood of occurrence of migratory species within the Project Boundary

  • Attachment D – Flora and Fauna Assessment of Significance 2006, prepared by Cumberland Ecology

  • Attachment E – Flora and Fauna Impact Assessment 2010, prepared by Cumberland Ecology

  • Attachment F – Geographical Information System technical files, prepared by Cumberland Ecology

Original Commonwealth referral decision – 18 October 2016

Additional information provided as part of the reconsideration of the Section 75 decision – 3 August 2017

  • Cover letter response, prepared by John Boyd Properties

  • Attachment A – Additional Information relevant to the reconsideration process, prepared by Cumberland Ecology

  • Attachment B – Detailed Design Remediation Action Plan extracts, prepared by Consulting Earth Scientists

Additional information provided as part of the reconsideration of the Section 75 decision – 23 August 2017

Commonwealth decision regarding reconsideration of the original referral – 25 October 2017


Referral under the Environment Protection and Biodiversity Conservation Act 1999

In August 2016, a related entity of Cook Cove Inlet submitted a referral for the Cook Cove Southern Precinct project to the Commonwealth Department of the Environment and Energy (the Department). 

The proposed action is the construction of an 18-hole golf course, clubhouse and associated remediation activities within the southern section of Cooks Cove, Arncliffe and Banksia, New South Wales. This referral was made under Section 75 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). On 18 October 2016, the Department concluded the proposal did not significantly impact upon specific matters under Chapter 2 of the EPBC Act and the project was declared not a controlled action. 

However, as advised on 19 July 2017, the Department received a request under Section 78A of the EPBC Act that the not controlled action decision be reconsidered. On 25 October 2017, the Department advised that under Section 78 and 78C of the EPBC Act the original 18 October 2016 decision would be revoked, and a new decision made under Section 75 of the EPBC Act.

As such, the Southern Precinct project is now a controlled action and will require assessment and a decision about whether approval for the controlled action should be given under the EPBC Act. The focus of the assessment is the potential for the proposed action to have significant impacts on the Green and Golden Bell Frog (Litoria aurea), which is listed as Vulnerable under the EPBC Act.

The Department has advised that the proposal will be assessed under preliminary documentation provided by Cook Cove Inlet Pty Ltd. The Department has provided Cook Cove Inlet Pty Ltd with detailed directions for the publication of the Preliminary Documentation information to facilitate public consultation on the potential impacts of the Cook Cove Southern Precinct project. This information is provided at the links below.

Section 95(2) of the EPBC Act requires the public exhibition of this material for no less than 10 business days and during this time any third parties can comment on the proposed action. Comments on the controlled action referral must be made in writing to Cook Cove Inlet Pty Ltd C/- 173 Sussex Street, Sydney NSW 2000, or daniel@cookcoveprecinct.com.au. Comments are to be received no later than 5pm on 6 December 2017.

For any persons with special needs (i.e. for whom English is a second language or who have a vision impairment), please contact Daniel Howard or Alicia Baker on (02) 9956 6962.

Cook Cove Inlet will subsequently provide the Department with a copy of all public comments received and where required a revised version of documentation incorporating any changes or additions that take into account the public comments.
 

All information directed to be made available is provided at the links below in digital format or in hard copy at:

Note: This page was edited on 24 November 2017, after receiving advice from the Department of the Environment and Energy on the scope of the referral. The referral under the EPBC Act, and the associated consultation process is assessing the potential for the proposed action to have significant impacts on the Green and Golden Bell Frog (Litoria aurea).


Original Referral documentation – 22 August 2016

  • Cook Cove Southern Precinct – Referral of proposed action, prepared by Cumberland Ecology

  • Attachment A – Figures, prepared by Cumberland Ecology

  • Attachment B – Indicative Development Proposal DotE version, prepared by John Boyd Properties

  • Attachment C Part 1 – Table A Likelihood of occurrence of threatened ecological communities, flora and fauna species within Project Boundary

  • Attachment C Part 2 – Table B Likelihood of occurrence of migratory species within the Project Boundary

  • Attachment D – Flora and Fauna Assessment of Significance 2006, prepared by Cumberland Ecology

  • Attachment E – Flora and Fauna Impact Assessment 2010, prepared by Cumberland Ecology

  • Attachment F – Geographical Information System technical files, prepared by Cumberland Ecology


Original Commonwealth referral decision – 18 October 2016


Additional information provided as part of the reconsideration of the Section 75 decision – 3 August 2017

  • Cover letter response, prepared by John Boyd Properties

  • Attachment A – Additional Information relevant to the reconsideration process, prepared by Cumberland Ecology

  • Attachment B – Detailed Design Remediation Action Plan extracts, prepared by Consulting Earth Scientists


Additional information provided as part of the reconsideration of the Section 75 decision – 23 August 2017


Commonwealth decision regarding reconsideration of the original referral – 25 October 2017