Legislative framework
1.4
1.4.1 Overview The Queensland Coordinator-General declared the Project to be a ‘coordinated project for which an environmental impact statement (EIS) is required’ under the Queensland State Development and Public Works Organisation Act 1971 (SDPWO Act). The Project was also declared a ‘controlled action’ by the Commonwealth Minister for the Department of Climate Change, Energy, Environment and Water (DCCEEW). Under bilateral arrangements, it was agreed that the project be assessed under the State EIS process to avoid duplication across jurisdictions. An ecological assessment conducted by 3D Environmental (2023) determined that the development is likely to have a significant residual impact to C. megacarpa , amongst other matters. However, they did not consider the status (in the wild) of the habitat nor the grandfathering provisions of the EPBC Act . 1.4.2 Commonwealth legislation Under the EPBC Act , an action requires approval from the Minister if the action has, will have, or is likely to have, a significant impact on a matter of national environmental significance. This particular part of the act is not relevant given the ongoing use of the land where the Cycas megacarpa plants are located for mining and having been under continuous mining lease tenure predating the introduction of the EPBC Act. A national recovery plan provides guidance for the management of C. megacarpa and other endangered cycad species in northern Australia (Queensland Herbarium, 2007). Recovery action 4.6.1 of this plan recommends that individual plants under immediate threat should be translocated to suitable habitat in the vicinity of nearby larger populations. The EPBC Act Policy Statement on the Translocation of Listed Threatened Species – Assessment under Chapter 4 of the EPBC Act provides information relevant to considering a translocation proposal in connection with a referral under the EPBC Act . This Policy Statement recommends that a salvage translocation proposal should: • Consider the proportion of reproductively mature individuals proposed to be removed, the species’ reproductive cycle and rate, the security of new and existing populations and the potential impacts of the translocation, including impacts on the recipient site. • Effectively account for and manage the risks of the translocation not succeeding. • Provide a high degree of certainty that a particular translocation attempt will be successful in its effectiveness in contributing to the long-term conservation of the species, where success may be characterised by: the individuals involved are of measurable value to the long term conservation of the species
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Mundic Gully TSF Translocation Project - Cycas megacarpa
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