Download Eight part test in accordance with Section 94 of the Threatened

ATTACHMENT 8
Eight part test in accordance with Section 94 of the Threatened Species Act
(1995)
Eight Point Test – Pandion haliaetus (Osprey)
I.
in the case of threatened species, is the life cycle of the species likely to be
disrupted such that a viable local population of the species is likely to be
placed at risk of extinction ?
Osprey is a large fishing hawk. The species is cosmopolitan with a distinct
Australasian race. The known most southern breeding population occurs at
Bensville on the Central Coast. Ospreys constructed a nest at Narrabeen in 2005,
however, nesting failed. Osprey forage for fish in large bodies of water. Osprey
require suitably large and productive foraging areas along with suitable elevated
nesting sites in proximity to the foraging habitat, where breeding territory of 5 – 20 km
of coastline (NPWS, 2000b; Schodde & Tidemann, 1990)
Osprey generally do not occur south of Broken Bay and the recording at Barrenjoey
is considered a rarity.
The proposed activity will be concentrated on the Access Trail and Smugglers
Track. Vegetation removal will be negligible and is not considered to have any impact
on Osprey nesting or roosting sites. Vegetation removal will largely confined to
pruning back and sensitive removal of groundstory species in and around drainage
structures.
II.
in the case of an endangered population, is the life cycle of the species that
constitutes the endangered population likely to be disrupted such that the
viability of the population is likely to be significantly compromised ?
No known endangered Osprey populations occur in the vicinity of the lighthouse
precinct.
III.
in relation to the regional distribution of the habitat of a threatened species,
population or ecological community, is a significant area of known habitat
going to be modified or removed ?
No habitat suitable for Osprey nesting or roosting sites is to be removed in the
proposal.
IV.
is there an area of known habitat likely to become isolated from currently
interconnecting or proximate areas of habitat for a threatened species,
population or ecological community?
Osprey is a highly mobile estuarine specialist. The proposed activity will not affect the
connectivity of Osprey habitat.
V
will critical habitat be affected?
No area of critical habitat under Part 3 of the TSC will be affected.
VI
are threatened species, populations or ecological communities or their
habitats adequately represented in conservation reserves (or similar
protected areas) in the region?
As this species has large coastal territories and low population numbers, it is highly
likely to be poorly represented in conservation reserves in the region. A large
proportion of the total number of individuals in NSW are not located in conservation
reserves.
VII
is the development or activity proposed of a class of development or activity
that is recognised as a threatening process?
No.
VIII
are any threatened species, populations or ecological communities at the limit
of their known distribution?
Yes. Osprey generally do not occur south of Broken Bay and the recording at
Barrenjoey is considered a rarity.
Eight Point Test – Sterna fuscata - (Sooty Tern)
I.
in the case of threatened species, is the life cycle of the species likely to be
disrupted such that a viable local population of the species is likely to be
placed at risk of extinction ?
The Sooty Tern is a distinctively marked medium sized tern. The species has been
observed within the tropical and subtropical waters and islands of the Indian, Pacific
and Atlantic Ocean. In NSW, the Sooty Tern is more common off the north coast.
Breeding occurs in small to large colonies, oftern mixed with other seabirds. Breeding
colonies of up to 1,000,000 pairs have been recorded on Lord Howe Island and
offshore inlets, and up to 70,000 pairs at Norfolk Island and its offshore islets.
The Sooty Tern is a pelagic species that forages offshore. Individuals are usually
only observed onshore during breeding season or when they have been forced there
by stormy weather. Sooty Tern sightings in the Sydney Region tend to be of
vagrants.
The proposed activity will be concentrated on the Access Trail and Smugglers
Track. Vegetation removal will be negligible and is not considered to have any impact
on Sooty Tern nesting sites. Vegetation removal will largely confined to pruning back
and sensitive removal of groundstory species in and around drainage structures.
It is considered that the proposed activity will not disrupt any viable Sooty Tern
population and not place them at risk of extinction.
II.
in the case of an endangered population, is the life cycle of the species that
constitutes the endangered population likely to be disrupted such that the
viability of the population is likely to be significantly compromised ?
The Sooty Tern normally breeds in colonies, nesting on coral cays, atolls,
sandbanks, rocks, cliffs or other offshore islets. No known endangered Sooty Tern
populations occur in the vicinity of the lighthouse precinct.
III.
in relation to the regional distribution of the habitat of a threatened species,
population or ecological community, is a significant area of known habitat
going to be modified or removed ?
No significant area of known habitat of the Sooty Tern is going to be modified or
removed in this proposal.
IV.
is there an area of known habitat likely to become isolated from currently
interconnecting or proximate areas of habitat for a threatened species,
population or ecological community?
The Sooty Tern is a northern pelagic seabird. The proposed activity will not affect the
connectivity of Sooty Tern habitat.
V
will critical habitat be affected?
No area of critical habitat under Part 3 of the TSC will be affected.
VI
are threatened species, populations or ecological communities or their
habitats adequately represented in conservation reserves (or similar
protected areas) in the region?
As this species has large coastal territories, it is highly likely to be poorly represented
in conservation reserves in the region. A proportion of the total number of individuals
in NSW are located in Lord Howe Island World Heritage Area.
VII
is the development or activity proposed of a class of development or activity
that is recognised as a threatening process?
No
VIII
are any threatened species, populations or ecological communities at the limit
of their known distribution?
No. Generally the species is more common off the north coast of NSW. The
occurrence at Barrenjoey is considered a rarity and was likely to be a vagrant
sighting.
Eight Point Test – Littoral Rainforest in the NSW North Coast, Sydney Basin
and South East Corner Bioregions - ENDANGERED ECOLOGICAL
COMMUNITY
I.
in the case of threatened species, is the life cycle of the species likely to be
disrupted such that a viable local population of the species is likely to be
placed at risk of extinction ?
No.
II.
in the case of an endangered population, is the life cycle of the species that
constitutes the endangered population likely to be disrupted such that the
viability of the population is likely to be significantly compromised ?
No.
III.
in relation to the regional distribution of the habitat of a threatened species,
population or ecological community, is a significant area of known habitat
going to be modified or removed ?
Littoral Rainforest in the NSW North Coast, Sydney Basin and South East Corner
Bioregions is generally a closed forest, the structure and composition of which is
strongly influenced by proximity to the ocean. The plant species in this ecological
community are predominantly rainforest species with evergreen mesic or coriaceous
leaves. Several species have compound leaves, and vines may be a major
component of the canopy. These features differentiate littoral rainforest from
sclerophyll forest or scrub, but while the canopy is dominated by rainforest species,
scattered emergent individuals of sclerophyll species, such as Banksia integrifolia,
and Eucalyptus botryoides occur in many stands. Littoral Rainforest in NSW is found
at locations along the entire NSW Coast in the NSW North Coast Bioregion, Sydney
Basin Bioregion and South East Corner Bioregion (extract from NSW Scientific
Committee - final determination)
The Barrenjoey Headland community occurs as a low closed forest with the canopy
generally being 4 – 8m in height throughout the type. The type occupies only a small
area of the headland (approx 1 ha). The canopy is composed of a number of species,
which include Guioa semiglauca, Acmena smithii, Pittosproum undulatum, Syzygium
oleosum, Pararchidendron pruinosum, Rhodomyrtis psidiodes and Cassine australis.
Lianes are also present, the most common being Cissus antartica, but other include
c. hypoglauca, Pasonsiasp, Marsdenia rostrata, Hibbertia denata and H. scandens.
The climber Flagellaria indica and epiphytic orchids (Dendrobium linguiforme) can be
located in this type. The palm species Livistonia australis is a conspicuous canopy
emergent. (Lembit & McDougall, 1994).
The proposed activity will be concentrated on the Access Trail and Smugglers Track.
Vegetation proposed for removal in the Littoral Rainforest Community will be minor
and it is considered will have minimal impact on the areas adjacent the track and
trail. Vegetation removal will be confined to sensitive pruning back and sensitive
removal of groundstory species in and around drainage structures.
Littoral Rainforest and important species will be flagged. All works in these areas will
be undertaken with caution to ensure the species are not damaged. Machine
operators (staff and contractors) will be informed of the need to work with caution and
the importance of the area.
No significant area of known Littoral Rainforest is going to be modified or removed in
this proposal.
IV.
No.
is there an area of known habitat likely to become isolated from currently
interconnecting or proximate areas of habitat for a threatened species,
population or ecological community?
V
will critical habitat be affected?
No area of critical habitat under Part 3 of the TSC will be affected.
VI
are threatened species, populations or ecological communities or their
habitats adequately represented in conservation reserves (or similar
protected areas) in the region?
Littoral Rainforest occurs in numerous, small stands and in total comprises less than
1% of the total area of rainforest in NSW. Many, but not all, stands of Littoral
Rainforest have been included in mapping for State Environmental Planning Policy
26 Littoral Rainforest, but degradation of the ecological community is still occurring in
NSW (extract from NSW Scientific Committee - final determination). It is assumed
that the small remaining areas located outside national park in the Sydney Region
are managed under local government planning instruments. Pittwater Council would
manage most of these areas (eg Bilgola Bends)
VII
is the development or activity proposed of a class of development or activity
that is recognised as a threatening process?
No
VIII
No.
are any threatened species, populations or ecological communities at the limit
of their known distribution?