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Referral of proposed action - Rural City of Murray Bridge - SA.Gov.au

Referral of proposed action - Rural City of Murray Bridge - SA.Gov.au

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Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211<strong>Referral</strong> <strong>of</strong> <strong>proposed</strong> <strong>action</strong>(Version 2, October 2009) – Adapted from Version 1,May 2008 EPBC Ref 2008/4211 (Council Trim Ref08/10254) – Addition <strong>of</strong> requested preliminaryinformationProject TitleFerries McDonald Road Redevelopment(From the Ch<strong>au</strong>ncey’s Line & Kangaroo Road Intersection Tothe South Eastern Freeway at Monarto South)1 Contacts1.1 Referring Party <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>, South AustraliaContact: Mr Martin WaddingtonManager, Infrastructure & Technical ServicesPhone: (08) 8539-1160Email: m.waddington@murraybridge.sa.gov.<strong>au</strong>1.2 Responsible party1.3 ProponentMr Martin Waddington,Manager, Infrastructure & Technical Services<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>PO Box 421<strong>Murray</strong> <strong>Bridge</strong> <strong>SA</strong> 5253“As Above” for 1.2Please note that:Council’s original referral submission in May 2008 wasprepared by Mr Chris Obst, Senior Environmental Consultant,Environmental and Biodiversity Services (EBS) on behalf <strong>of</strong>the <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> as signed and dated the30/04/2008.Given Mr Obst’s current absence, the EBS companyrepresentative is Dr Travis How, Director.Phone: (08) 8297-7711Version 2 <strong>of</strong> October 2009 has been revised by Ms Tina Anic-Kaliger, Civil Technical Officer - <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>,Infrastructure & Technical Services Department.Phone: (08) 8539-1158Email: t.anic-kaliger@murraybridge.sa.gov.<strong>au</strong><strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 1 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42111.4 Other (asrequested sinceoriginalsubmission in May2008)Consultations with the South Australian Transport Authority,Department for Transport, Energy & Infrastructure (DTEI)regarding the two enclosed concept plans currently <strong>proposed</strong>for the Project (detailed survey and final design drawing willbe completed pending EPBC Act <strong>Referral</strong> Approval and/orConditions being established):1) ‘Proposed Speed Signing Strategy on FerriesMcDonald Road (Version 4)’ September 2009(Attachment One); and2) ‘Ferries McDonald Road Upgrade – Proposed TrafficControl Measures – Each End <strong>of</strong> Ferries McDonaldConservation Park’ 18 June 2009 (Attachment Two)The above two concept plans, which have also been basedon consultations with the directly affected landowners,reference current and relevant Australian Standards andAustroads technical guidelines for the newly <strong>proposed</strong> “T-Intersection” at the northern end <strong>of</strong> FMCP. A designrationale document, prepared by Council, may also be viewedon Council’s website at:www.murraybridge.sa.gov.<strong>au</strong>/site/page.cfm?u=202&c=10925Other supporting documents submitted with Council’s originalsubmission in May 2008 may be viewed on Council’s websiteunder “F” (Ferries McDonald Road) in the Fast Find “A-ZServices”.DTEI Contacts regarding input into the currenttechnical design and approval in the setting <strong>of</strong> postedspeed limits on roads within South Australia include:Mr Stephen Pascale, Manager Traffic & AccessStandardsPhone: (08) 8343-2002Mr Steve Clark, Manager Traffic Regulation andStandardsPhone: (08) 8343-2289Mr Errol Cavallaro, Senior Consultant – TrafficManagement, Traffic & Access Standards SectionPhone: (08) 8343-2673Mr Peter Larsson, Manager Traffic InvestigationsPhone: (08) 8226-8214DTEI Contact regarding the project’s strategicplanning and regional importance is:Mr Phil Lawes, Network Strategy ManagerRoad Transport Policy & Investment SectionPolicy and Planning DivisionPhone: (08) 8204-8810<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 2 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42111.4 Other (asrequested sinceoriginalsubmission in May2008)Consultations with the South Australian EnvironmentAuthority, Department for Environment & Heritage (DEH)have occurred in relation to the above listed concept plans.DEH Contacts include:Ms Donna Nussio, District Ranger <strong>Murray</strong> Mallee,Regional Conservation DirectoratePhone: (08) 8576-3690Approval-in-principle <strong>of</strong> the enclosed Council Concept Plan, aslisted on page 2, regarding a <strong>proposed</strong> “T-Intersection” ateach end <strong>of</strong> FMCP (newly constructed for the northern end)has been verified by Ms Nussio to Council upon herpresentation <strong>of</strong> the Plan at an internal DEH Project Meeting inJune 2009.2 Summary <strong>of</strong> <strong>proposed</strong> <strong>action</strong>2.1 ShortdescriptionThis Project will complete the final section in creating a sealed north–southregional transport corridor designed to efficiently facilitate inter-state, Nationaland export freight movements as well as local and state vehicular traffic acrossregions. The State Transport Authority (DTEI) have indicated support for theProject based on a number <strong>of</strong> factors such as travel time, social impacts <strong>of</strong>heavy vehicles travelling through populated areas, traffic demand, fitness forpurpose (vertical and horizontal alignment) and cost to upgrade an existing roadto B-Double standard.The Project’s design aims to provide a safer road alignment; especially byminimising two potentially dangerous “S” Bends along the presently unsealed (iedef<strong>au</strong>lt 100 kph) 11.7 km stretch <strong>of</strong> Ferries McDonald Road.This Project will show how formalising the remaining 11.7 km (approx) <strong>of</strong>Ferries McDonald Road as a sealed road would provide opportunity to influencedriver behaviour through regulatory speed environments, physical geometry <strong>of</strong>intersections, road surface texture, signage and other visual cues such asnarrow carriageway width, alternate road surface colour and reinforcing the factto motorists that they are entering an environmentally sensitive area.Furthermore, a road that is sealed is without any doubt safer to drive on than aroad that is not sealed. It is highly likely that a driver presented with a suddenbraking situation; such as to avoid collision with a kangaroo or Malleefowl,would more likely succeed in stopping within time to avoid collision on a sealedroad than on an unsealed road.The sealing <strong>of</strong> Ferries McDonald Road would allow the opportunity for drivers tobe governed by an appropriately posted speed limit. Discussions with DTEIhave been encouraging but have not been so fruitful as to gain support forlowering the speed limit to 60 kph through the Ferries McDonald ConservationPark (FMCP). DTEI have indicated that a speed limit <strong>of</strong> 80 kph, although alsonot technically compliant, may have some justification. This would require“special” Ministerial consent but does have the “support-in-principle” <strong>of</strong> relevantDTEI Managers who would advise the Transport Minister on such matters.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 3 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211Council’s proposal includes re-arranging the road alignment at both the northand south entrances <strong>of</strong> FMCP to enforce drivers to slow down and stop prior toproceeding through the Park (refer Concept Plan Attachment One & Two).The Concept Drawing (Attachment Two) shows a new ‘T-Intersection’ at thenorthern end <strong>of</strong> FMCP where currently the road is straight and unimpeded. Atthe southern end <strong>of</strong> FMCP, an existing ‘Staggered T-Intersection’ would befurther emphasised to ensure that drivers slow down and stop prior toproceeding through the Park.The southern section <strong>of</strong> the Project, at the intersection <strong>of</strong> Ch<strong>au</strong>ncey’s Line &Kangaroo Road, will form a direct continuation <strong>of</strong> Alexandrina Council’s recentredevelopment and seal <strong>of</strong> the adjoining Kangaroo Road that included a State<strong>Gov</strong>ernment contribution / investment <strong>of</strong> $450,000. At the northern most end,the Project links into the Monarto Freeway Interchange near the developingMonarto South Industrial Precinct. Local roads immediately north <strong>of</strong> theSoutheast Freeway at Monarto (Schenscher Road – Pallamana Road –Wagenknecht Road) have also been upgraded to B-Double standard withCommonwealth funding.The Project, as shown below in Figure 1, will be an upgrade <strong>of</strong> the existingstrategic network and will provide a transport corridor linking the LanghorneCreek area to the Barossa Valley. The route has been identified as a significanttransport freight route in a number <strong>of</strong> studies.Figure 1: Plan showing location <strong>of</strong> Project<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 4 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42112.2 Latitude andlongitude2.3 Locality2.4 Size <strong>of</strong> thedevelopmentfootprint orwork area(hectares)LatitudeLongitudelocation point degrees minutes seconds degrees minutes secondsMiddle <strong>of</strong>project area-35 03 32 135 85 30The Project site is located approximately 10 km south-west <strong>of</strong> the <strong>Rural</strong> <strong>City</strong> <strong>of</strong><strong>Murray</strong> <strong>Bridge</strong> in South Australia, between the intersection <strong>of</strong> Bremer Range andFerries McDonald Roads (south <strong>of</strong> the South Eastern Freeway bridge) and theIntersection <strong>of</strong> Ch<strong>au</strong>ncey’s Line / Kangaroo / Ferries McDonald Road at thesouthern end <strong>of</strong> Ferries McDonald Conservation Park (FMCP) (see Figure 1:p4). The overall length <strong>of</strong> the project area is approximately 11.7 km.An assessment <strong>of</strong> the extent <strong>of</strong> native vegetation to be cleared has beenundertaken as per the principles <strong>of</strong> the Native Vegetation Act 1991 (<strong>SA</strong>). Thetotal area <strong>of</strong> vegetation to be cleared is 1.485 ha.As outlined on page 2, a detailed survey and final design drawing will becompleted pending EPBC Act <strong>Referral</strong> Approval and/or Conditions beingestablished based on the enclosed Council Concept Plan (Attachment Two)that includes a new “T-Intersection” being constructed at the northern entrance<strong>of</strong> FMCP.A critical design aim for this area will be to minimise impact as much as possibleon existing native vegetation along the existing road reserve alignment, withinthe adjacent private properties and within FMCP which should not be affected atall by this design proposal. This is shown in Council’s concept design rationaleprovided overleaf on page 5 as Figure 2 and accessible on Council’s website at:www.murraybridge.sa.gov.<strong>au</strong>/site/page.cfm?u=202&c=10925The Two Documents <strong>of</strong> note at the above link address are:Ferries McDonald – Garwood Roads T Junction – design rationaleFerries McDonald – Garwood Roads T Junction – concept design plans<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 5 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211Ferries McDonald Road & Garwood RoadNewly Proposed “T-Intersection” at the Northern End <strong>of</strong> FMCPConcept Design Detail with required DimensionsEdge <strong>of</strong> new RoadReserve & PrivateProperty Boundary tobe Fenced inconsultation withLandownerFerries McDonaldConservation ParkFigure 2: Diagram extracted from Council’s Document accessible onthe website titled, ‘Ferries McDonald – Garwood Roads T Junction –design rationale’ at:www.murraybridge.sa.gov.<strong>au</strong>/site/page.cfm?u=202&c=109252.5 Streetaddress <strong>of</strong>the site2.6 Lotdescription2.7 Local<strong>Gov</strong>ernmentArea, CouncilcontactFerries McDonald Road (from Ch<strong>au</strong>ncey’s Line / Kangaroo / Ferries McDonaldRoad Intersection northward approximately 11.7 km up to the South EasternFreeway at Monarto South)Existing Road Reserve (Council)The <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>As per 1.1 and 1.2 listed on page 1 – The Manager, Infrastructure & TechnicalServices<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 6 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42112.8 Project lifeConstruction phase, including road sealing works, is estimated to be <strong>of</strong> sixmonths duration. The landscaping, environmental rehabilitation and monitoringphase is estimated to be <strong>of</strong> three to five year duration following completion <strong>of</strong>the construction phase for the project.2.9 Alternatives2.10 StateassessmentXXNoYes, complete section 3.2NoYes, complete Section 3.52.11 Component X No<strong>of</strong> larger<strong>action</strong> Yes, complete Section 3.6<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 7 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42113 Detailed project description3.1 Description <strong>of</strong> proposalAny <strong>proposed</strong> option <strong>of</strong> fencing or culverts along Ferries McDonald Road has been dismissed basedon advice provided to Council by Dr Joe Benshemesh (2009: Refer Section 10 “Personal CommentReferences”).Council’s enclosed Concept Plan (Attachment Two), in essence, reiterates and has been a result<strong>of</strong> the following:Council has consulted widely and taken on board advice sought from senior staff <strong>of</strong>DTEI on the subject <strong>of</strong> providing a workable design solution for a road thattraverses through a park containing sensitive f<strong>au</strong>na and flora such as FerriesMcDonald Conservation Park (FMCP).The existing fact that a road has been built and is most likely to continue to be usedat an increasing rate remains. This is regardless <strong>of</strong> whether the existing roadsurface is upgraded to a bitumen standard or not.Current and potential future growth and development in the surrounding areasimmediately adjacent the <strong>proposed</strong> road upgrade, and on a regional scope, willmost likely result in an increase in vehicular traffic from local resident commuters,commercial and regional heavy vehicle commuters. Council’s Concept Planindicates establishment <strong>of</strong> a green waste composting facility (Peats Soils andGarden Supplies) on land adjacent the south western corner <strong>of</strong> Ch<strong>au</strong>ncey’s Line /Kangaroo / Ferries McDonald Roads (development approved under EPBC Actapplication 2002/874) as well as establishment <strong>of</strong> the Monarto South Industrial Parkto the immediate north <strong>of</strong> the <strong>proposed</strong> road upgrade. The Peats Soils and GardenSupplies operation will most likely result in truck movements to and from the siteeach day along Ferries McDonald Road to access the SE Freeway in the delivery andcarting <strong>of</strong> materials & product. The Executive Officer <strong>of</strong> Peats Soils estimates thatup to 90 additional truck movements per day are expected to occur once the planthas matured and is in full operation. This was indicated in the Development’s EPBCAct Application (2002/874). With regard to the Monarto South Industrial Park,hatcheries and transport depots have established recently to add to the existingWoolworths Distribution warehouse located on Ferries McDonald Road MonartoSouth just north <strong>of</strong> the SE Freeway. The Industrial Park has also just seencompletion <strong>of</strong> a seventeen allotment industrial land division which will begin to beoccupied shortly. It is not unreasonable, therefore, to assume that manyemployees are most likely to travel along Ferries McDonald Road in their journey t<strong>of</strong>romwork. Similarly, is would not be unreasonable to expect industrial traffic touse Ferries McDonald Road to access areas to the south from the new enterprisesbeing established in Monarto South.Formalising the road as a sealed road provides opportunity to influence driverbehaviour through regulatory speed environments, physical geometry <strong>of</strong>intersections, road surface texture, signage and other visual cues such as narrowcarriageway width, alternate road surface colour and reinforcing the fact tomotorists that they are entering an environmentally sensitive area. Furthermore, aroad that is sealed is without any doubt safer to drive on than a road that is not<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 8 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211sealed. It is highly likely that a driver presented with a sudden braking situation;such as to avoid collision with a kangaroo or Malleefowl, would more likely succeedin stopping within time to avoid collision on a sealed road than on an unsealedroad.Regulatory speed environments along Ferries McDonald Road:Discussions with Dr Joe Benshemesh (2008, 2009) revealed that, in his opinion, aspeed limit <strong>of</strong> 60 kph would be most desirable.Ferries McDonald Road is currently an unsealed road. Such a situation in SouthAustralia assumes a def<strong>au</strong>lt speed limit <strong>of</strong> 100 kph. Motorists in such a case areexpected to “drive according to the prevailing conditions”.Traffic survey data undertaken in December 2007 (Attachment Three) showvehicle speeds are on average 73.8 to 77.7 kph along Ferries McDonald Road nearFMCP, with a maximum recorded speed <strong>of</strong> 131.9 kph & 111.4 kph northbound &southbound respectively between Garwood and Thomas Roads, immediately north<strong>of</strong> FMCP. Average daily volume (total number <strong>of</strong> vehicles per day) for this surveylocation was in the vicinity <strong>of</strong> 43 vehicles per day.Traffic survey data undertaken in June 2009 (Attachment Three) show vehiclespeeds are on average 91 kph along Ferries McDonald Road near FMCP, with amaximum recorded speed <strong>of</strong> 117 kph & 112 kph between Garwood and ThomasRoads, immediately north <strong>of</strong> FMCP. Average daily volume (total number <strong>of</strong> vehiclesper day) for this survey location was in the vicinity <strong>of</strong> 51 vehicles per day.Traffic survey in June 2009 (Attachment Three) included counters being placedon Ferries McDonald Road approximately midway at FMCP. This data shows vehiclespeeds are on average 78 to 87 kph, with a maximum recorded speed <strong>of</strong> 106 kph.Average daily volume (total number <strong>of</strong> vehicles per day) for this survey location wasin the vicinity <strong>of</strong> 44 vehicles per day.As can be seen from the traffic data (Attachment Three), despite the road nothaving changed in that period <strong>of</strong> time being 18 months (unsealed) there is anoticeable increase in both traffic volume and traffic speed which remainconsistently high.Sealing the road would allow the opportunity for drivers to be governed by anappropriately posted speed limit. Discussions with DTEI have been encouraging buthave not been so fruitful as to gain support for lowering the speed limit to 60 kph.Reasons for this are that firstly the driving environment is rural and as such is notconducive to such a “slow speed” where it is highly unlikely that drivers will take themeasure seriously and secondly from a technical point <strong>of</strong> view, the measure wouldnot comply with current mandatory Australian Standards (AS1742).DTEI have indicated however that a speed limit <strong>of</strong> 80 kph, although also nottechnically compliant, may have some justification. This would require “special”Ministerial consent but does have the support in principle <strong>of</strong> relevant DTEI <strong>of</strong>ficerswho would advise the Transport Minister on such matters. Council’s intention wasto seek an 80 kph speed limit along Ferries McDonald Road from Monarto South atthe South Eastern Freeway to Ch<strong>au</strong>ncey’s Line Road Intersection (AttachmentTwo note: “Refer separate attachment – Updated Version 4”).Council also recognises that it is critical to reinforce a sign posted speedenvironment with an appropriate driving environment.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 9 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211Physical geometry <strong>of</strong> intersections at each end <strong>of</strong> FMCP:Council’s proposal includes re-arranging the road alignment at the north and southentrances <strong>of</strong> Ferries McDonald Conservation Park to enforce drivers to slow downand stop prior to proceeding through the Park (refer Attachment Two: ProposedTraffic Control Measures – Each End <strong>of</strong> FMCP)The Concept Plan shows a new ‘T-Intersection’ at the northern end <strong>of</strong> FMCP wherecurrently the road is straight and unimpeded. At the southern end <strong>of</strong> FMCP, anexisting ‘Staggered T-Intersection’ would be further emphasised to ensure thatdrivers slow down and stop prior to proceeding through the Park.Physical slow point devices (such as chicanes or speed humps), as used in urbanand well lighted environments, were considered within the Park. However,consultations with DTEI revealed that these measures would not be highly effectiveand, at worst, potentially dangerous should a driver encounter such slow pointdevices in unexpected circumstances; ie a rural and relatively dark environment.Physical slow point devices are thus not <strong>proposed</strong> to be used along FerriesMcDonald Road.Road surface texture through FMCP:Council proposes to install a comparatively rough, <strong>au</strong>dible seal finish by using acourse aggregate through the Park. This has the effect <strong>of</strong> creating a noticeable‘noise’ in the cabin <strong>of</strong> a heavy vehicle as the driver travels over it and is c<strong>au</strong>sed byvibrations induced by the aggregate through the vehicle’s tyres and suspension.The noise increases with speed providing a constant presence and reminder to thedriver that he/she is travelling through a “different” environment.Signage and other visual cues for the driver:It must be absolutely clear to the driver that the area along Ferries McDonald Road,particularly as one travels towards and traverses through the Park, is <strong>of</strong>environmental significance. Adjustments to typical driving behaviour normallyassociated with a rural environment would therefore be required. Council proposesto achieve this by an integration <strong>of</strong> traffic control measures:‣ A narrow carriageway with scrub that is retained close to the road pavement.Driver behaviour with regard to speed is very much influenced by the width <strong>of</strong>the road they are travelling on and will reduce by a corresponding reduction inavailable width.‣ An alternative aggregate colour that distinguishes the road from other roads inthe district. This will be achieved using non-standard (for this area) colouredaggregate such as red/brown. The coloured aggregate, in conjunction with arougher or coarser texture, would provide a constant reminder to the driver thathe/she is travelling though an area that is “different”.‣ Appropriate wildlife and speed restriction signs. The enclosed concept planshows location <strong>of</strong> <strong>proposed</strong> signage which includes “Endangered Malleefowl”and standard “Kangaroo Ahead” wildlife signs. The “Endangered Malleefowl”sign has been designed specifically for this location and will measure 1.5 m highx 1.0 m wide. The signage will be present at each end <strong>of</strong> FMCP and at thenortherly approach from the SE Freeway.‣ Entrance Statement, in accordance with current DEH publications and signsstandard manual or unless otherwise advised, at the northern and southern end<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 10 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211<strong>of</strong> FMCP. This entrance statement will give the driver an unambiguous messagethat they are leaving the normal road environment and about to enter aConservation Park. Together with the visual and <strong>au</strong>dible indicators asaforementioned throughout the journey in the park serve to encourage a slowerspeed environment.‣ Refer Attachment One: “Proposed Speed Signing Strategy on FerriesMcDonald Road (Version 4)”, September 2009.Flora and F<strong>au</strong>na AssessmentAs part <strong>of</strong> the environmental assessment associated with the project, a vegetation survey andf<strong>au</strong>na assessment was undertaken in December 2006 along the project area by consultantsEnvironmental and Biodiversity Services (EBS). The vegetation survey was undertaken inaccordance with <strong>SA</strong> Native Vegetation Council assessment methodology. A document wasproduced reporting on the type and condition <strong>of</strong> existing vegetation, the landscape and/orecological significance <strong>of</strong> the area, and flora and f<strong>au</strong>na sighted during the survey. Threatenedflora and f<strong>au</strong>na (nationally and state listed) that may use or occur in the area were determined viadatabase searches (e.g. the Commonwealth Protected Matters Search Tool, the Department forEnvironment and Heritage (<strong>SA</strong> DEH) Biological Database and the South Australian MuseumDatabase).The Final Report by EBS (August 2008), ‘Flora and F<strong>au</strong>na Assessment – Ferries McDonald RoadRedevelopment Proposal” was submitted with Council’s May 2008 application submission and isalso accessible on Council’s website under “F” (Ferries McDonald Road) in the Fast Find “A-ZServices” section, titled “EBS Final Report”. The link is provided below:http://www.murraybridge.sa.gov.<strong>au</strong>/site/page.cfm?u=371#e679Native Vegetation Management PlanVegetation clearance has been minimised in the project design and is estimated to be 1.33 ha.The appropriate Significant Environmental Benefit (SEB) as per the Native Vegetation Act 1991(<strong>SA</strong>) has been calculated by EBS at 8.64 ha based on the amount <strong>of</strong> vegetation clearance. SEBrequirements can be met through various methods including remnant vegetation protection,revegetation, weed and feral animal control programs, environmental programs or payment intothe Native Vegetation Fund. At this stage it is likely that the Council may choose the option <strong>of</strong>meeting the SEB requirements with payment into the Native Vegetation Fund if this is found to beacceptable by the deciding Authority, the Native Vegetation Council <strong>of</strong> DEH.The above is detailed in the EBS (July 2008) ‘Native Vegetation Clearance Assessment Report’,accessible on Council’s website (address link as provided above) and was submitted to DEWHAwith Council’s submission dated 12 September 2008 as Appendix 2.1. The ‘Native VegetationClearance Report’ was also submitted to the South Australian Native Vegetation Council (NVC) <strong>of</strong>DEH as part <strong>of</strong> Council’s mandatory application to the NVC under the Native Vegetation Act 1991(<strong>SA</strong>). The Report (July 2008:p8) highlights two road alignment design options in direct relation topotential vegetation impacts that would be likely for the approximately one kilometre stretchbetween the two “S”-Bends along Ferries McDonald Road and adjacent to Monarto ConservationPark. EBS Report (April 2008), ‘Design Option 2 Vegetation Survey Report’, also accessible at theabove quoted Council website address under “Vegetation Survey”, concludes for the specified onekilometre stretch that:“. . . two main variables have been assessed – the quantity <strong>of</strong> vegetation to be cleared andthe condition that it is in.. . . under the original design the amount <strong>of</strong> native vegetation to be cleared is 0.31hectares, while under design option 2 it is 0.16 hectares. This represents a reduction innative vegetation clearance by 0.15 hectares or approximately 50% under design option 2,<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 11 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211and as such is considered to be a significant reduction in the amount <strong>of</strong> native vegetationto be cleared.Due to these facts design option 2 is considered to be the preferred option that should beadopted by the <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>”.The above recommendation, in relation to the one kilometre stretch between the two “S”-Bendsalong Ferries McDonald Road and adjacent to Monarto Conservation Park is what Council hasadopted in the design and subsequent land negotiations with adjoining landowners in order tominimise any vegetation impact.An Environmental Management Plan (EMP) detailing required management during constructionworks for the Project has been produced by EBS to ensure that unnecessary damage <strong>of</strong> nativevegetation will not occur during the construction phase <strong>of</strong> the project. This was also submitted toDEWHA as Appendix 2.2 with Council’s submission dated 12 September 2008 and would beavailable for perusal upon any request.Vegetation Clearance(Pending detailed survey and final design for Concept Plan presented in Attachment Two“Proposed Traffic Control Measures – Each End <strong>of</strong> FMCP)Amount <strong>of</strong> vegetation to be cleared to facilitate the upgrade has been assessed as per guidelinesunder the Native Vegetation Act 1991. The area to be cleared consists <strong>of</strong> 1.33 ha <strong>of</strong> vegetation;the condition <strong>of</strong> which varies based on an independent assessment (refer to Table 1 below). Alsorefer to EBS (July 2008) ‘Native Vegetation Clearance Assessment Report’, accessible on Council’swebsite at http://www.murraybridge.sa.gov.<strong>au</strong>/site/page.cfm?u=371#e679 - under “F” (FerriesMcDonald) in the Fast Find “A-Z Services” and previously submitted to DEWHA in hardcopy andelectronically on CD.Table 1: Vegetation clearance in accordance to vegetation condition categories*Vegetation ConditionArea to be cleared (ha)1 (excellent quality native vegetation,containing very few or no exotic species) 0.332 (good quality native vegetation, containingfew exotic species) 0.133 (moderate quality native vegetation,containing an even mix <strong>of</strong> native and exoticspecies) 0.724 (poor quality, containing little nativevegetation, exotic species being morecommon then natives) 0.135 (very little or no native vegetation, exoticspecies dominating) 0.025Total 1.33*Condition ratings adapted from Stokes et al. (1998), Guide to the Roadside Vegetation Survey Methodology forSouth Australia.EarthworksThe new road design will remain along and within the existing road alignment and road formationas much as possible. The upgrade width will be 9.0 m with a 7.0 m seal. The existing dimensionsinclude 6.5 m to 9.0 m formations (all unsealed). The upgrade, both on the roadside and on anyland to be acquired, has been designed to have as little impact on vegetation as possible. Designcross-sections have been developed at critical locations to illustrate the extent <strong>of</strong> batters, landacquisition and effects on vegetation. The designs include alignment improvements at each <strong>of</strong> thetwo existing and prominent “S”-Bends along the <strong>proposed</strong> works.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 12 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211Batter ConstructionThe design is such that no undermining or destabilisation <strong>of</strong> existing batter slopes will occur. Sitepreparation over s<strong>of</strong>t batters will consist <strong>of</strong> geotextile or vegetation reinforcement mat placementand appropriate native re-vegetation in accordance with any advice or conditions being establishedfrom the <strong>SA</strong> Native Vegetation Council as part <strong>of</strong> Council’s mandatory application to that Authority.DrainageNo watercourses cross the road and as such, drainage designs have not been considered asnecessary for the Project’s design. Stormwater run-<strong>of</strong>f from the road will be designed andconstructed to flow onto adjacent lands or pond along the side <strong>of</strong> the road at natural low points.The edge <strong>of</strong> the road shoulder will be designed to be at least 300 mm above the natural surface atlow points.Excavation and Stockpile <strong>of</strong> Quarry MaterialAn estimated 60,000 tonnes <strong>of</strong> limestone quarry material for road construction will be excavated,crushed, stockpiled and h<strong>au</strong>led from the same pit used by Alexandrina Council. The Quarry issituated on sparse private cropping land within the Peats Soils and Garden Supplies site near theIntersection <strong>of</strong> Ch<strong>au</strong>ncey’s Line / Kangaroo / Ferries McDonald Road. The site will be accessedfrom Ch<strong>au</strong>ncey’s Line Road, approximately one kilometre west <strong>of</strong> the commencement <strong>of</strong> works atthe Ch<strong>au</strong>ncey’s Line, Kangaroo and Ferries McDonald Road Intersection. The Quarry will bereshaped and rehabilitated by Council following completion <strong>of</strong> works. Truck h<strong>au</strong>lage will largelyremain along this one kilometre section <strong>of</strong> Ch<strong>au</strong>ncey’s Line Road and along the newly constructedroad pavement <strong>of</strong> Ferries McDonald Road; adding to comp<strong>action</strong> efforts and ensuring thatconstruction trucks do not impact on other access tracks or diversion roads. The constructionplant and equipment will remain secured overnight within the Quarry site. This site will also beused to stockpile aggregate for surface spray seal works.3.2 Alternative locations, time frames or activities that form part <strong>of</strong> the referred <strong>action</strong>No alternatives form part <strong>of</strong> the referred <strong>action</strong>.Council has been required however to seek an extension in time <strong>of</strong> the Federal grant monies forthe project, administered through the State Local <strong>Gov</strong>ernment Grants Commission. Original expirydate was 30 June 2009. Fortunately, a two year extension has now been granted up to 30 June2011. However, road sealing works for such a project must be undertaken during the appropriatesealing season, being from October to early April at the latest. For the project to be completed inaccordance with required and desirable quality parameters, on-site construction work shouldcommence no later than September / October 2010.3.3 Previously considered alternatives and the ‘do nothing’ caseThe public meeting <strong>of</strong> 10 March 2009 included a presentation by Mr Kelvin Dobie, local long-termresident <strong>of</strong> Monarto South.Mr Dobie presented to Council a signed petition by forty-two local residents <strong>of</strong> Monarto South whouse Ferries McDonald Road on a daily basis. Residents were asked to express a preference from‘Option 1’, ‘Option 2’ or ‘Option 3’ for the <strong>proposed</strong> road upgrade.Each <strong>of</strong> the forty-two signatories on the petition that was presented to Council in March 2009expressed a preference for the road upgrade being ‘Option 1 with culverts’. That is, theoriginal design route that aims to “hug” the existing road alignment as much as possible andcontinues straight from the adjoining Kangaroo Road upgrade and directly through FerriesMcDonald Conservation Park (FMCP).<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 13 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211Not one <strong>of</strong> the forty-two residents who signed the petition expressed a preference for ‘Option 2’;that is, to divert the route west along Ch<strong>au</strong>ncey’s Line Road and create a new road along thewestern boundary <strong>of</strong> FMCP through privately owned paddocks.Not one <strong>of</strong> the forty-two residents who signed the petition expressed a preference for ‘Option 3’;that is, a diversion proposal presented during the public consultation meeting held on 17December 2008 by a select handful <strong>of</strong> local residents named as the Monarto Residents Association.This proposal indicates to “keep existing road line” at each <strong>of</strong> the two “S” Bends and to seal FerriesMcDonald Road for a small section at the northern end near the SE Freeway. The proposal alsoheads out toward Woodchester along Ch<strong>au</strong>ncey’s Line Road.Given the observed incremental increase in heavy vehicle usage <strong>of</strong> Kangaroo and Ferries McDonaldRoads, Council continues to receive letters <strong>of</strong> support or endorsement for the <strong>proposed</strong> projectbeing the original design ‘Option 1’; that is, to “hug” the existing road alignment. This is largelyviewed as providing the best direct and safest route <strong>of</strong> travel for all road users being localresidents and commercial vehicle operators who appear to be growing in number due to theemergence and growth <strong>of</strong> the Monarto South Industrial Precinct area immediately north <strong>of</strong> the<strong>proposed</strong> project site.Endorsement dated 8 May 2009 has been provided by <strong>SA</strong>POL (Hills <strong>Murray</strong> Local Service Area).The advice claims that:“We have had numerous reports <strong>of</strong> accidents due in part to the narrowness <strong>of</strong> theroad as well as a couple <strong>of</strong> nasty bends that require straightening. In addition theaccident rate with Kangaroos in particular has been quite high in both reported andnon reported collisions, mainly due to the fact that the road is narrow. Driverscomplain <strong>of</strong> not being able to see sufficiently on to the verges to avoid wildlife. Asyou would be aware the incremental increase in heavy vehicles using that road fromthe intermodal hub at Monarto is also now posing some further safety concerns thatwe have due again to the narrowness <strong>of</strong> the road and the potential for furthercollision” (Council TRIM Ref 09/14984).Other road alignments therefore cannot be created in this general area due to feedback receivedfrom a majority <strong>of</strong> the local residents who use Ferries McDonald Road on a daily basis as well astheir voiced concerns to Council during the public consultations which have been against ‘Option2’ ie around western boundary <strong>of</strong> FMCP as this is where the anecdotal sightings <strong>of</strong> Malleefowl havebeen and not along the existing Ferries McDonald Road.3.4 Context, planning framework and state/local government requirementsCouncil has received State (Blackspot Program) and Federal (Auslink Program) funding for theupgrade. Funding from Industry Partners has also been attained. Federal Funding for theupgrade will ensure the continued development <strong>of</strong> the north-south corridor which will contribute tothe local development <strong>of</strong> the Monarto Industrial/Commercial Precinct, the <strong>Murray</strong>lands andRiverland Regions. In conjunction with financial support from Project Partners, in-principle-supportfor the upgrade has been provided by the State Transport Authority (DTEI), the Local <strong>Gov</strong>ernmentAssociation and the Office for Local <strong>Gov</strong>ernment, <strong>Murray</strong> & Mallee LGA and the Local <strong>Gov</strong>ernmentGrants Commission who as mentioned in part 3.2 on page 12 administer the grant monies.The state transport <strong>au</strong>thority (DTEI) is “very supportive <strong>of</strong> the <strong>proposed</strong> upgrading <strong>of</strong> FerriesMcDonald Road to form part <strong>of</strong> a broader north-south freight route between Langhorne Creek andthe Barossa Valley”.Consideration <strong>of</strong> route options included:• Travel Time• Social impacts <strong>of</strong> heavy vehicles travelling through populated areas• Traffic demand<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 14 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211• Fitness for purpose (vertical and horizontal alignment)• Cost (to upgrade to B-Double standard)It has been noted that “the local roads immediately north <strong>of</strong> the Southeast Freeway at Monarto(Schenscher Road – Pallamana Road – Wagenknecht Road) have also previously been upgraded toB-Double standard utilising Commonwealth funding. These roads link into the only existing B-Double route between the Southeast Freeway and the Sturt Highway to the west <strong>of</strong> the River<strong>Murray</strong>. A route to the south <strong>of</strong> the Freeway that links into these roads was considered to be ahighly cost effective approach to the provision <strong>of</strong> this important north-south freight route”.The recent upgrading <strong>of</strong> Kangaroo Road, situated immediately south <strong>of</strong> Ferries McDonald Road,included a State <strong>Gov</strong>ernment contribution / investment <strong>of</strong> $450,000 which also provides a sealedaccess for the Peat Soil and Garden Supplies development (approved under EPBC 2002/874) aswell as <strong>proposed</strong> support for development <strong>of</strong> the north-south freight route.Alternative routes would appear to “result in greater travel time and distance resulting in increasedcosts to industry (such as via Callington), and have greater impacts upon existing communities.Any route to the east would most likely result in heavy vehicles travelling through <strong>Murray</strong> <strong>Bridge</strong>,unlike the <strong>proposed</strong> route. Routes further to the west encounter hilly terrain and travel throughnumerous townships impacting upon local residents”.Source: Letter from DTEI Policy and Planning Division, Mr Mark Elford Director, RoadTransport Policy and Planning, 7 November 2008 - Refer Section 10 “Personal CommentReferences”Furthermore, Executive Officer <strong>of</strong> the Southern & Hills Local <strong>Gov</strong>ernment Association (S&HLGA)notes <strong>of</strong> the ‘2010 Transport Plan Addendum’ <strong>of</strong> 2004 that:“The outcome <strong>of</strong> consultation on the plan, which involved all Councils and the State<strong>Gov</strong>ernment over a number <strong>of</strong> months in 2004-2005 was the adoption <strong>of</strong> Option 1B theEastern North-South freight route from Langhorne Creek to the Barossa Valley as -Langhorne Creek to Wellington Road, Kangaroo Road, Ferries McDonald Road,Schenscher Road, Pallamana Road to Pallamana, to Palmer, to Tungkillo, Tungkillo Road toMt Pleasant, Mt Pleasant to Nuriootpa via Eden Valley and a bypass <strong>of</strong> Angaston. Initialassessment <strong>of</strong> the Palmer Tungkillo section <strong>of</strong> this route has identified that significantworks would be required to improve the alignment to meet a freight route standard. Thedef<strong>au</strong>lt eastern freight route is therefore Option 5 to the Sturt Highway which does notaffect the southern alignment.Options 2, 3 and 4 were rejected by the stakeholders <strong>of</strong> the plan during the consultationprocess and can not be considered as alternatives.A significant issue must be that Kangaroo Road – Ferries McDonald Road was submittedand endorsed by three local government regions, Central Region, <strong>Murray</strong> and MalleeRegionand the Southern & Hills Region and the State <strong>Gov</strong>ernment and approved under Auslinkwith funding from the State <strong>Gov</strong>ernment, a developer and the two Councils, Alexandrinaand <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>. The southern section <strong>of</strong> this project, Kangaroo Road hasbeen constructed to the Council boundary at the southern boundary <strong>of</strong> the FerriesMcDonald Conservation Park with work being completed in February 2008 under theapprovals for the project”.Source: Email: Mr Fred Pedler, Executive Officer S&HLGA, 28 October 2008 - ReferSection 10 “Personal Comment References”Several studies and reports have identified Ferries McDonald Road as requiring an upgrade:<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 15 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211 Southern and Hills 2010 Transport Plan (2001) and Addendum (2004) undertaken byengineering consultants QED; State Strategic Plan (2004); <strong>Murray</strong> and Mallee Regional Transport Study (2002) undertaken by engineering consultantsConnell Wagner; Regional Action Plan – <strong>Murray</strong>lands (2001) undertaken by engineering consultants Brownand Root, Mack Consulting; <strong>SA</strong> Development Plan;Mt L<strong>of</strong>ty Ranges Central Regional Industry Strategy (2002) by Planning <strong>SA</strong>, andCountry Towns Structure Plan Study (2002) undertaken by Planning <strong>SA</strong>, Transport <strong>SA</strong> andDepartment <strong>of</strong> Industry and Trade.3.5 Environmental impact assessments under Commonwealth, state or territory legislationNative Vegetation Act 1991 (<strong>SA</strong>)Since the <strong>proposed</strong> upgrade will require the clearance <strong>of</strong> some native vegetation, an assessment<strong>of</strong> the amount and type (including threatened species) <strong>of</strong> vegetation to be cleared is required.Additionally, the <strong>SA</strong> Native Vegetation Council requires that a document detailing the management<strong>of</strong> vegetation during and post construction be created. An assessment <strong>of</strong> the vegetation presentalong the <strong>proposed</strong> road upgrade and the amount <strong>of</strong> vegetation to be cleared has beenundertaken by EBS. Under the Act, any native vegetation clearance must be <strong>of</strong>fset by a SignificantEnvironmental Benefit (SEB). The Native Vegetation Act requires the <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>to achieve a SEB by one (or a combination) <strong>of</strong> the following <strong>action</strong>s:Set-aside and protect (e.g. through Heritage Agreements) an area <strong>of</strong> intact nativevegetationRegenerate (i.e. weed control, bushcare, fencing) an area <strong>of</strong> degraded native vegetationRevegetate and maintain an area <strong>of</strong> cleared landMake a payment into the Native Vegetation Fund, which will then be spent on conservationprojects throughout the state.Council are reviewing their options in this regard and await feedback from the <strong>SA</strong> NativeVegetation Council as part <strong>of</strong> the Application and approval process for that Authority.Environmental Protection and Biodiversity Conservation Act 1999 (Cth)The Project will require assessment under Commonwealth legislation due to potential impacts onmatters <strong>of</strong> national significance (threatened and migratory species) listed under theCommonwealth Environment Protection and Biodiversity Conservation Act 1999. The Minister forthe Environment, Water, Heritage & the Arts will determine if approval is required for the Projectunder the Act.Following Council’s initial application submission to the Minister in May 2008, the Project wasdeemed a “controlled <strong>action</strong>” in June 2008. A summary <strong>of</strong> events is as follows:‣ May 2008 - Council’s initial Project submission to DEWHA.‣ June 2008 – Project deemed a “controlled <strong>action</strong>”.‣ 25 June 2008 DEWHA letter to Council - seven points specified that requirefurther information to enable the Department to consider all the relevantissues. Follow-up email clarification received on 4 July 2008 re the sevenpoints to address.‣ August 2008 – Meeting held at <strong>Murray</strong> <strong>Bridge</strong> Council and at the Projectsite between Council Project Representatives and DEWHA Representatives,Ms Yogi Lal-Parks and Ms Amanda Slade. Council Agenda and meeting<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 16 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211discussion focused on the above DEWHA letter advice to Council dated 25June 2008.‣ September 2008 - Council’s second Project submission to DEWHA -addressed each <strong>of</strong> the seven points (refer Appendix 1 <strong>of</strong> 12 September 2008submission) referred to in the Department’s letter to Council dated 25 June2008.‣ September 2008 - Email correspondence dated 30/09/2008 received byCouncil from Ms Yogi Lal-Parks, Assistant Director. The correspondencehighlighted that:“. . . while the information in your response does address some <strong>of</strong>the questions, the Department is <strong>of</strong> the view that all <strong>of</strong> the questionshave not been addressed”.Three areas being (i) EPBC Listed Flora, (ii) Information to DTEI, (iii)Malleefowl were highlighted as requiring further information and research.‣ October 2008 - Email correspondence dated 9/10/2008 sent from Councilto Ms Yogi Lal-Parks in response to the above three areas.‣ October 2008 – Email correspondence dated 16/10/2008 received byCouncil from Dr Andrew Weavers, Director. The correspondence highlightedthat:Four specific questions were listed as a “way forward” thatneeded to be addressed in “providing the requiredinformation and/or addressing the considerations raised”.“The following is a list <strong>of</strong> questions we would like furtherinformation on . . .”oooo“What is the extent <strong>of</strong> the surveys for threatened flora?”“What are the concrete steps you will take, as agreed withthe roads department that will address the potential impactson the Malleefowl? This is the area <strong>of</strong> greatest concern fromthis project and we need to understand how your project willinteract with the Malleefowl population”.“What are the alternatives to developing this road? . . . Weneed a clear statement establishing the relative merits <strong>of</strong> theother alternatives or a justification ruling them out entirely aspossibilities”.“Why can’t other road alignments be created in this generalarea that avoids all significant impacts?”3.6 A staged development or component <strong>of</strong> a larger projectThe <strong>proposed</strong> project is not part <strong>of</strong> a staged development. As has been specified in previoussections <strong>of</strong> this application, the Project will form part <strong>of</strong> a broader and needed north-south freightroute extending between Langhorne Creek and the Barossa Valley.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 17 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42114 Affected environmentThe Final EBS (August 2008: p10-14) Report ‘Flora and F<strong>au</strong>na Assessment – Ferries McDonaldRoad Redevelopment Proposal’, Section 5 “Background Research” highlights matters <strong>of</strong> mandatoryand national significance in relation to the Project.This Report is accessible on Council’s website under “F” (Ferries McDonald Road) in the Fast Find“A-Z Services” section, titled “EBS Final Report”. The link is provided below:http://www.murraybridge.sa.gov.<strong>au</strong>/site/page.cfm?u=371#e679This comprehensive Report was submitted in May 2008 with Council’s original Applicationsubmission in both hardcopy and electronic CD version.As noted above in Section 3.5 (p16-17), requests for further preliminary information from theDepartment (DEWHA) have focussed on the Malleefowl and the three EPBC listed threatenedorchid species for this area being:Coloured Spider-orchid (Caladenia colorata);Greencomb Spider-orchid (Caladenia tensa);Metallic Sun-orchid (Thelymitra epipactoides)Neither <strong>of</strong> the above three species were recorded by EBS (2008:p44-47) during the time <strong>of</strong> theirassessment survey. Not one <strong>of</strong> the species has yet been identified near the Project site at thedate <strong>of</strong> this application submission. Apart from conducting its own surveys, Council has alsoconsulted with Ms Bridle (2008, 2009), Conservation Officer, Native Orchid Society <strong>of</strong> SouthAustralia Inc (NOS<strong>SA</strong>), Adelaide, <strong>SA</strong> on this topic.Researching recent and up-to-date information concerning the Malleefowl population within thearea has not been all too forthcoming.There are no known records or indications <strong>of</strong> Malleefowl deaths to date on Ferries McDonald Road.The above quoted EBS (August 2008:p54) Report, notes that although the Malleefowl is listedunder the Commonwealth EPBC Act 1999 as being migratory, it is estimated that a smallMalleefowl population comprising between 10-20 breeding pairs occurs within Ferries McDonaldConservation Park. The Report also highlights somewhat inconclusive records and maintenance <strong>of</strong>such records.As was explained above in Section 3.3 (page14): Other road alignments cannot be created in thisgeneral area due to feedback received from a majority <strong>of</strong> the local residents who use FerriesMcDonald Road on a daily basis as well as their voiced concerns to Council during the publicconsultations which have been against ‘Option 2’ ie around western boundary <strong>of</strong> FMCP as this iswhere the anecdotal sightings <strong>of</strong> Malleefowl have been and not along the existing FerriesMcDonald Road.4.1 Matters <strong>of</strong> national environmental significanceThe <strong>proposed</strong> upgrade will be undertaken near a small proportion (approx 2.0 km stretch northsouth)<strong>of</strong> Ferries McDonald Conservation Park and adjacent to Monarto Conservation Park whichabuts the Project along the western side. The Parks contain remnant and planted nativevegetation as well as provide habitat to a variety <strong>of</strong> native and exotic f<strong>au</strong>na (refer section 4.2).4.1 (a) World Heritage PropertiesNo World Heritage properties are located within, near or adjacent to the Project area.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 18 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42114.1 (b) National Heritage PlacesNo National Heritage places are located within, near or adjacent to the project area.4.1 (c) Wetlands <strong>of</strong> International Significance (Ramsar)The project area occurs within the same catchment as a declared Ramsar Wetland (the Riverland)and within 10 km <strong>of</strong> another Ramsar Wetland (the Coorong, Lakes Alexandrina and Albertcomplex).4.1 (d) Listed threatened species and ecological communitiesSeveral nationally threatened flora and f<strong>au</strong>na species are known to occur or have occurred in thevicinity <strong>of</strong> the project area; namely within the Ferries McDonald Conservation Park (FMCP) and/orMonarto Conservation Park. These species include:Malleefowl (Leipoa ocellata) (Vulnerable)Red-lored Whistler (Pachycephala rufogularis) (Vulnerable)*Black-eared Miner (Manorina melanotis) (Endangered)#Resin Wattle (Acacia rhetinocarpa) (Vulnerable)Coloured Spider-orchid (Caladenia colorata) (Endangered)Greencomb Spider-orchid (Caladenia tensa) (Endangered)Metallic Sun-orchid (Thelymitra epipactoides) (Endangered)* Not sighted in the area since the 1940s# Not sighted in the area since the 1970sMalleefowlA small Malleefowl population, comprising between 10-20 breeding pairs, is assumed andestimated to be present in FMCP (Carpenter personal communication 2006). Surveys undertakenalong the monitoring grid in 2006 located only one active Malleefowl mound. Database searchesrevealed 19 records for Malleefowl from the project area and the most recent record dates from2006 in FMCP (DEH 2006; <strong>SA</strong>M 2005).A local Resident petition (forty-two signatories) and voiced concerns to Council during the publicconsultations have been against a <strong>proposed</strong> option <strong>of</strong> constructing Ferries McDonald Road aroundthe western boundary <strong>of</strong> FMCP as this is where the anecdotal sightings <strong>of</strong> Malleefowl have been;not along the existing Ferries McDonald Road.To date, Council has only been able to source from Mr Peter Copley <strong>of</strong> DEH the survey map <strong>of</strong>‘Mound Activity 1989-2006 for the Ferries McDonald Conservation Park’. This was discussed onpage 6 <strong>of</strong> the 12 September 2008 submission where it can be noted that this 1989-2006Malleefowl Survey for FMCP has been restricted to the eastern side <strong>of</strong> the FMCP and showsindication <strong>of</strong> one active mound in 2006/07 located approximately 750 metres to the east <strong>of</strong> FerriesMcDonald & Ch<strong>au</strong>ncey’s Line Road Intersection.Dr Benshemesh’s Report to Council dated 13 November 2008 notes that:“the affect <strong>of</strong> the <strong>proposed</strong> road on Malleefowl is likely to be largely if not entirelyrestricted to the Malleefowl population within FMCP” (page 2) and that remnants <strong>of</strong>native vegetation do “exist to the north <strong>of</strong> FMCP, including Monarto ConservationPark, but these do not appear to be prime Malleefowl habitat” (page 1).In preparation for a stakeholder meeting on 18 May 2009, Mr Copley’s email correspondence <strong>of</strong> 4May 2009 to Council noted the following additional information as a direct response to Council’squestions raised in emails dated 30 April 2009:<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 19 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42111. In our September 2008 submission to DEWHA re questions IV and VII, weincluded the attached survey map <strong>of</strong> ‘Mound Activity 1989-2006 for the FMCP’ asprovided by yourself . . . This appears to be the only information we can source withregards to the Malleefowl. Can you please supply any other relevant information?“There is considerably more data for Ferries-MacDonald CP, but little <strong>of</strong> direct relevance to yourenquiries. We know there are a few mounds on the west side <strong>of</strong> the road, but not in a monitoringgrid, so their activity has not been tracked over the years and I’m not sure who has the localityinfo for those nests found (about 15 years ago). [Actually, have tracked them down and will bringa copy <strong>of</strong> the map with me. There are 24 nests mapped for this area and all but 1 <strong>of</strong> these iswithin 800 m <strong>of</strong> the central road.] Unless you have much more specific questions I am not surehow I/we can help. [If more specific questions arise, I/we can provide what is possible; ie. if wehave what you need]”.2. EPBC 2002/874 Proposed Actions for Gabulu Pty Ltd (Peats Soils and GardenSupplies) were also included in our September 2008 submission to DEWHA. Pleasefind appendix extract attached. Can you please comment and provide information onthe progress <strong>of</strong> these relevant <strong>action</strong>s?“This is not for me to comment on as it relates to Commonwealth legislation/regulation andcompliance; it is not State based. I am not aware <strong>of</strong> any compliance having been either met orchecked. (I was living overseas when this issue was dealt with by EPBC, but staff who were hereat the time are not aware <strong>of</strong> this having happened either)”.Although featured in Council’s 12 September 2008 submission <strong>of</strong> additional information (Appendix4.2, page 12) the <strong>proposed</strong> <strong>action</strong>s for Gabulu Pty Ltd also featured during meeting discussionsheld on 4 August 2008 between DEWHA Representatives and Council. It was advised, during themeeting, that the outcomes <strong>of</strong> EPBC 2002/874 would be investigated and followed up.Advice from the current property owner and business operator, Mr Peter Wadewitz appears tosuggest that there have been no outcomes to date in relation to the <strong>proposed</strong> <strong>action</strong>s that werespecified in EPBC 2002/874, as a minimum, to be:• Establishment <strong>of</strong> a fox baiting program• Control <strong>of</strong> invasive weeds• Revegetation• Fire Management• Traffic• Malleefowl monitoringEPBC 2002/874 was in relation to a development application for the composting facility currentlylocated and in operation on the corner <strong>of</strong> Kangaroo / Ch<strong>au</strong>ncey’s Line / Ferries McDonald RoadIntersection. That is, located immediately south <strong>of</strong> the <strong>proposed</strong> project site from where it isintended to adjoin the completed and sealed Kangaroo Road situated in Alexandrina Council.Red-lored Whistlers have not been sighted in Ferries McDonald CP since the 1940s (Matthew et al.1996). Consequently, it is unlikely that the species persists in the area. Database searchesrevealed 47 records <strong>of</strong> this species from within the vicinity <strong>of</strong> the project area with the most recentrecord dating from 2004 (DEH 2006; <strong>SA</strong>M 2005). Since the species disperses widely, it is possiblethat the bird could recolonise Ferries McDonald CP where suitable habitat exists (Carpenter pers.comm., 2006) and it is possible (though unlikely) that the species uses the remnant roadsidevegetation to disperse.Database searches revealed one record <strong>of</strong> the Black-eared Miner from within the project area,dating from 1966 (DEH 2006; <strong>SA</strong>M 2005). Consequently, it is unlikely that the species persists in<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 20 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211the area. The nearest known population is located at Gluepot CP in the Riverland BiosphereReserve, over 125 km from the project area (north-east).The closest records for the Coloured Spider-orchid within the survey area are from Monarto CPdating from 1990 and 1991 (DEH 2006). Searches <strong>of</strong> these locations in 2004 and 2005 by theSouth Australian <strong>Murray</strong> Darling Basin (<strong>SA</strong>MDB) Threatened Flora Recovery Program failed torelocate the plants. However, this does not mean that the orchid no longer occurs at these sites,as orchids do not necessarily appear every year, depending on environmental conditions. Thehabitat within Monarto CP is considered suitable for this species; therefore it is possible that theorchid still occurs in the area. The roadside vegetation adjacent to Monarto CP is in less optimalcondition than that within the park, and consequently, it is less likely that the species would occurthere (EBS 2007). The Coloured Spider-orchid was not found during a survey undertaken inDecember 2006, but the species was not specifically targeted and due to the time <strong>of</strong> year, it isunlikely that the orchid would have been visible.The Greencomb Spider-orchid was not recorded in the project area during a survey undertaken inDecember 2006. Due to the timing <strong>of</strong> this survey though, this species would probably not havebeen visible above ground. The species has been recorded in the region (Strathalbyn NaturalistsClub Inc 2000) although not in the survey area. Database searches revealed one record <strong>of</strong> thisspecies from within the immediate vicinity <strong>of</strong> the project area, with the last known record datingfrom 1989 (DEH 2006). It is possible that the orchid occurs in the project area, particularly onroadsides with higher quality vegetation.Current population counts indicate that the Metallic Sun-orchid population consists <strong>of</strong> up to 250individuals in the upper South-east and <strong>Murray</strong>lands regions <strong>of</strong> South Australia. The nearestcurrent record (i.e. where the species is still in existence), occurs 22 km to the east <strong>of</strong> the projectarea. The closest record <strong>of</strong> the species to the survey area is from Monarto CP, approximately 15 mwest <strong>of</strong> Ferries McDonald Road, dating from 1992. Searches <strong>of</strong> these locations in 2004 and 2005by the <strong>SA</strong>MDB Threatened Flora Recovery Program failed to relocate any plants; however, theorchid may not have been visible at this time. The habitat within Monarto CP is considered suitablefor this species; consequently it is possible that the species persists in the park. Since the roadsidevegetation adjacent to the park is in less optimal condition than that within the park, it is less likelythat the species would occur there. The orchid was not found during a survey undertaken inDecember 2006, but due to the timing <strong>of</strong> the survey, the orchid is unlikely to have been visible.Database searches revealed three records <strong>of</strong> this species from in the immediate vicinity <strong>of</strong> thesurvey area, with the last known record dating from 1989 (DEH 2006).Orchid Surveys for EPBC Listed Species:A Report on observations <strong>of</strong> orchid species along the section <strong>of</strong> Ferries McDonald Road where itbisects FMCP dated 4 September 2008 was presented to Council from Ms Thelma Bridle, NativeOrchid Society <strong>of</strong> South Australia Inc (NOS<strong>SA</strong>) Conservation Officer. An area <strong>of</strong> 5.0 metres fromthe current road edge has been surveyed. This was deemed to be an area where “orchids wouldbe most vulnerable”. Orchids were found scattered along the roadside to a depth <strong>of</strong> 15.0 metresand mainly apparent on the western side <strong>of</strong> Ferries McDonald Road in the region where it bisectsthe FMCP.To date, not one <strong>of</strong> the three EPBC listed threatened orchid species being (i) Coloured Spiderorchid(Caladenia colorata), (ii) Greencomb Spider-orchid (Caladenia tensa) and (iii) Metallic Sunorchid(Thelymitra epipactoides) have been found along or near the <strong>proposed</strong> project site <strong>of</strong>Ferries McDonald Road.As was discussed with DEWHA Representatives at a meeting held at <strong>Murray</strong> <strong>Bridge</strong> Council on 4August 2008 in relation to the latter species listed:<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 21 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211“The nearest current known record <strong>of</strong> (Metallic Sun-orchid) occurs 22 km to the east.The closest record <strong>of</strong> (Metallic Sun-orchid) to the survey area is one that occurs in MonartoConservation Park. This record comes from Department for Environment and Heritagedatabases. The record occurs approximately 15 m to the west <strong>of</strong> Ferries McDonald Roadand dates back to 1992 . . .. . . The habitat within Monarto Conservation Park is considered suitable for this speciesand it is therefore possible that (Metallic Sun-orchid) could occur in this area. The roadsidevegetation adjacent to the park is not in as good a condition as the vegetation within thepark, and therefore it is less likely that the species would occur there, however it can notbe discounted as a possibility” (EBS 2008:p47).Historical data in this area has been relatively scarce or ad-hoc and was discussed on page 1 andpage 2 <strong>of</strong> Council’s submission to DEWHA dated 12 September 2008 under point number 1:‘Recent surveys <strong>of</strong> the EPBC listed threatened orchid species’. Appendix 2.1, 2.2 and 2.3 <strong>of</strong> the 12September 2008 submission also detail pertinent information related to ‘vegetation removal’ thatincludes copy <strong>of</strong> Council’s Environmental Management Plan (EMP) as prepared by consultant’sEnvironment & Biodiversity Services (EBS). These detailed and pertinent Appendix references arediscussed in the 12 September 2008 submission on page 7, 8 and 9. The initial May 2008submission also discusses this topic which was prepared at the time by consultant’s EBS.Thus, as highlighted above with the 2008 survey and report undertaken by Ms Thelma Bridle,Native Orchid Society <strong>of</strong> South Australia Inc (NOS<strong>SA</strong>) Conservation Officer, surveys have occurred5.0 m from the current road edge. This was deemed to be an area where “orchids would be mostvulnerable”.No EPBC listed threatened orchid species have been cited to date along or near Ferries McDonaldRoad.Resin WattleWithin the <strong>SA</strong>MDB area, the Resin Wattle population has a restricted distribution with mostindividuals occurring in FMCP and the immediate surrounding area. Current population countsindicate that approximately 2,500 naturally occurring individuals persist in the area, whileapproximately 1000 individuals have been planted as a part <strong>of</strong> various conservation andrevegetation programs. In the general project area, seven natural and six translocatedpopulations <strong>of</strong> Resin Wattle occur within 1.5 km <strong>of</strong> Ferries McDonald Road. Sixteen additional DEHBiological Database records also exist for Resin Wattle which are located within 1.5 km <strong>of</strong> theFerries McDonald Road project area. These locations were searched by the <strong>SA</strong>MDB ThreatenedFlora Recovery Program during 2006 and no individuals were found. Two separate populations <strong>of</strong>Resin Wattle were recorded during a survey undertaken in December 2006, totalling 20 individualplants. Database searches revealed a total <strong>of</strong> 57 records for this species from within the projectarea (DEH 2006).No threatened ecological communities are present in the project area. Although several otherconservation significant species are considered to potentially occur in the vicinity <strong>of</strong> the projectarea, their presence is considered unlikely based on the lack <strong>of</strong> suitable habitat, lack <strong>of</strong> recordedsightings and observations from a survey undertaken in 2006.4.1 (e) Listed migratory speciesA number <strong>of</strong> listed migratory species are identified as potentially occurring or having preferredhabitat in the vicinity <strong>of</strong> the <strong>proposed</strong> project area (Table 3). However, the only confirmedmigratory species that use the project area are the Malleefowl (as detailed in section 4.1(d)) andRainbow Bee-eater (Merops ornatus). The Rainbow Bee-eater is a spring/summer migrant thatbreeds in South Australia. Road cuttings with sandy banks are ideal nesting sites so this species<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 22 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211could be found nesting along the road reserve within the survey area (Carpenter pers. comm.2006).4.1 (f) Nuclear <strong>action</strong>sNo Nuclear <strong>action</strong>s are located within, near or adjacent to the project area.4.1 (g) Commonwealth marine areasNo Commonwealth marine areas are located within, near or adjacent to the project area.4.2 Important or unique aspects <strong>of</strong> the environment, if relevant4.2 (a) Soil and vegetation characteristicsVegetationThe vegetation inside the roadside reserve, adjacent to and within the vicinity <strong>of</strong> Monarto andFerries McDonald CPs, remains intact and is in good to excellent condition. This vegetation ischaracterised by very low levels <strong>of</strong> weed invasion, grazing and human disturbance. Generally,sections <strong>of</strong> vegetation that are adjacent to the agricultural land are in a poor to moderatecondition. These sections include highly modified zones and also zones where the invasion <strong>of</strong>weeds has degraded an otherwise diverse area <strong>of</strong> native species. The highly modified, moredegraded areas constitute approximately 30% <strong>of</strong> the survey area, whereas the less weedy andmore intact areas constitute approximately 70% <strong>of</strong> the total area. The project area is locatedwithin the Hundreds <strong>of</strong> Monarto and Freeling, which contain approximately 12.7% and 9.7% <strong>of</strong>their original native vegetation. The project site is also located within the EnvironmentalAssociations <strong>of</strong> Wood Hill and Loydella, which both contain approximately 9% <strong>of</strong> their originalnative vegetation. These figures are considered to represent a low level <strong>of</strong> remnant nativevegetation within the agricultural areas <strong>of</strong> South Australia (EBS 2007).SoilThe project area is located within the <strong>Murray</strong> Mallee/<strong>Murray</strong> Plains region <strong>of</strong> the <strong>Murray</strong>-DarlingBasin. This region is defined by a mixture <strong>of</strong> shallow, well-drained calcareous earths; shallow ordeep well drained uniform sands; deep, imperfectly-drained yellow duplex soils, and moderatelydeep, imperfectly drained yellow duplex soils (Kahrimanis et al. 2001).4.2 (b) Water flows, including rivers, creeks and impoundmentsNo significant water flows are in proximity to the project area.4.2 (c) Outstanding natural features, including cavesThe project area does not have any outstanding natural features.4.2 (d) GradientThe project area consists <strong>of</strong> a gently undulating landscape that lies approximately 35 m above sealevel.4.2 (e) Buildings or other infrastructureCurrently, an unsealed road (the target <strong>of</strong> the <strong>proposed</strong> upgrade) passes through the project area.No other buildings or infrastructure are located in the project area.4.2 (f) Marine areasThe project area is not in proximity to any marine areas.4.2 (g) Kinds <strong>of</strong> f<strong>au</strong>naSearches <strong>of</strong> the <strong>SA</strong> DEH Biological Database and South Australian Museum Database indicate that175 bird species (including 2 exotic), 13 mammals species (9 exotic), and 19 reptile species have<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 23 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211been recorded in the vicinity <strong>of</strong> the project area. During a survey undertaken by EBS in December2006, eighteen f<strong>au</strong>na species were observed incidentally (refer Table 2 below), none <strong>of</strong> which hada conservation rating. Nine regionally conservation significant species (all birds) have beenidentified by Carpenter (pers. comm. 2006) that may use the project area (refer Table 3 below).Each <strong>of</strong> these species has previously been recorded by the <strong>SA</strong> DEH within the general vicinity <strong>of</strong>the project area. One nationally vulnerable f<strong>au</strong>na species (Malleefowl) is known to occur in theproject area. Several other EPBC listed species were recorded from an <strong>SA</strong> DEH BiologicalDatabase search (refer Table 4 below); however it is unlikely that they occur in the project area.As highlighted in the EBS (2008:p10) Report, “no mammal, reptile or amphibian species <strong>of</strong> nationalsignificance were recorded with the EPBC Act Protected Matters Search Tool”.Table 2:F<strong>au</strong>na species observed in the survey area during December 2006 (EBS2008:p41)Class Species name Common NameAves Acanthiza chrysorrhoa Yellow-rumped ThornbillAves Barnardius zonarius Australian RingneckAves Cacatua roseicapilla GalahAves Cincloramphus cruralis Brown SonglarkAves Corvus coronoides Australian RavenAves Gymnorhina tibicen Australian MagpieAves Malurus lamberti Variegated Fairy-wrenAves Ocyphaps lophotes Crested PigeonAves Pardalotus punctatus Spotted PardaloteAves Phaps chalcoptera Common BronzewingAves Psephotus haematonotus Red-rumped ParrotAves Rhipidura leucophrys Willie WagtailMammalia Lepus capensis HareMammalia Macropus fuliginosus Western Grey KangarooMammalia Oryctolagus cuniculus RabbitReptilia Pogona vitticeps Central Bearded DragonReptilia Tiliqua rugosa Sleepy LizardReptilia Varanus gouldii Gould's GoannaTable 3:Regionally rated bird species considered likely to utilise the project area(EBS 2008:p59)Scientific NameCommon NameConservation RatingAUS <strong>SA</strong> MUAphelocephala leucopsis Southern Whiteface UEurostopodus argus Spotted Nightjar VFalco subniger Black Falcon UGeopelia placida Peaceful Dove UGlossopsitta concinna Musk Lorikeet RLichenostomus leucotis White-eared Honeyeater UNorthiella haematogaster Blue Bonnet UOreoica gutturalis Crested Bellbird UTrichoglossus haematodus Rainbow Lorikeet UAUS = Australia, <strong>SA</strong> = South Australia, MU = <strong>Murray</strong>lands Region (in <strong>SA</strong>)<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 24 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211Table 4:F<strong>au</strong>na listed under the EPBC Act 1999 that possibly occur within theproject area (EBS 2008:p11)Common NameScientific NameStatusandListingsLikely tooccur insurveyareaAustralian Painted Snipe Rostratula <strong>au</strong>stralis VUBlack-eared Miner Manorina melanotis EN, MCattle Egret Ardea ibis MaFork-tailed Swift Apus pacificus MaGreat Egret Ardea alba MaLatham's Snipe Gallinago hardwickii M, MaMalleefowl Leipoa ocellata VU, M Orange-bellied Parrot Neophema chrysogaster CE, M, MaPainted Snipe Rostratula benghalensis s. lat. M, MaRainbow Bee-eater Merops ornatus M, Ma Red-lored Whistler Pachycephala rufogularis VU Spotted Quail-thrush Cinclosoma punctatum anachoreta CEWhite-throated Needletail Hirundapus c<strong>au</strong>dacutus M, MaWhite-bellied Sea-Eagle Haliaeetus leucogaster M, MaStatus and Listings: CE = Critically Endangered, EN = Endangered, VU = Vulnerable,M = Migratory, Ma = Listed marine species4.2 (h) Current state <strong>of</strong> the environmentAs noted in Section 4.2(a), the vegetation inside the roadside reserve, adjacent to and within thevicinity <strong>of</strong> Monarto and Ferries McDonald CPs appears intact and in “good to excellent” conditionwith very low levels <strong>of</strong> weed invasion, grazing and human disturbance. Sections <strong>of</strong> vegetationadjacent to the agricultural land appear in a “poor to moderate” condition and include highlymodified sections and sections where weed invasion has degraded the native vegetation. Thehighly modified, more degraded areas constitute approximately 30% <strong>of</strong> the survey area and themore intact areas approximately 70% <strong>of</strong> the total area. Feral animals, including Foxes (Vulpesvulpes), Rabbits (Oryctolagus cuniculus) and Hares (Lepus capensis) are present in the areathough not necessarily in unusually high or low numbers. The EBS (2008:p42) Report provides alist <strong>of</strong> declared and environmental weeds <strong>of</strong> which twenty-two (22) weed species were foundwithin the Project site.Of the six <strong>proposed</strong> <strong>action</strong>s or conditions listed following assessment approval <strong>of</strong> the Peats Soilsand Garden Supplies application (EPBC 2002/874) establishment <strong>of</strong> a fox baiting program to“contribute to a continuous fox control program to be undertaken by the National Parks andWildlife (South Australia) in the Ferries McDonald Conservation park” and to “ensure adequatemonitoring and control <strong>of</strong> vermin on the subject site and surrounding property” was specified.Furthermore, a condition regarding “Malleefowl monitoring” was also specified as part <strong>of</strong> thisapplication approval where the Applicant was to “contribute funds to the South AustralianDepartment <strong>of</strong> Environment and Heritage to assist in development and implementation <strong>of</strong> adetailed Malleefowl monitoring program, including radio tracking <strong>of</strong> birds, within the FerriesMcDonald Conservation Park”.Outcomes <strong>of</strong> the above listed <strong>action</strong>s remain unknown for this general survey and Project area;hence have not been able to assist with this Project’s investigations and research.4.2 (i) Commonwealth Heritage Places and places on the Register <strong>of</strong> the National EstateNo Commonwealth Heritage Places or places on the Register <strong>of</strong> the National Estate occur inproximity to the project area.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 25 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42114.2 (j) Known Indigenous heritage valuesTo date, no evidence <strong>of</strong> indigenous artefacts within and around the direct line <strong>of</strong> the ProposedRoad Upgrade has been found or recorded within Council records. No evidence <strong>of</strong> scarred trees,open artefact scatters or potential archaeological deposit have been observed by Council ProjectRepresentatives during recent site inspections and site environmental assessments. Consequently,the risk <strong>of</strong> the <strong>proposed</strong> upgrade affecting Aboriginal Heritage Sites is viewed as being very low,unlikely or minimal and the need for a Heritage Survey low.Additionally, the need for an Aboriginal Heritage Survey for this Project was determined not to benecessary following written advice to Council from the Division <strong>of</strong> State Aboriginal Affairs (DO<strong>SA</strong>A)which stated that the Register <strong>of</strong> Aboriginal Sites and Objects had no entries for Aboriginal sites inthe project area. This process is in accordance with the DTEI, formerly Transport <strong>SA</strong>, “CulturalHeritage Guidelines – A Handbook for Staff and Contractors” (July 1999).4.2 (k) Other important or unique values <strong>of</strong> the environmentThe project area occurs within the same catchment as the Riverland (a Ramsar wetland) andwithin 10 km <strong>of</strong> another Ramsar Wetland (the Coorong/Lakes Alexandrina/Albert complex). Theproject area passes through Ferries McDonald CP (approx 2.0 km) at its southern most point andat further north is adjacent to the Monarto CP (refer Figure 1: Plan showing location <strong>of</strong> Project,page 4).4.2 (l) Tenure <strong>of</strong> the <strong>action</strong> area (eg freehold, leasehold)The Road Reserve is owned by the <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong>.4.2 (m) Existing land usesThe land within this project is classified as road reserve and is used for this purpose. Currently,much <strong>of</strong> the land adjacent to the project area is used for agricultural purposes (crops and grazing),with a smaller proportion being used for conservation purposes (either Heritage Agreements orConservation Parks). A small section (approximately 2.0 km) <strong>of</strong> the project area passes throughFerries McDonald CP and adjacent (approximately 1.5 km) to Monarto CP.4.2 (n) Proposed land usesThe upgraded, sealed road will be used as a regional and local transit route.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 26 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42115 Nature and extent <strong>of</strong> likely impacts5.1 Likely impacts on matters <strong>of</strong> national environmental significance (NES)5.1 (a) Likely impact on the world heritage values <strong>of</strong> a declared World Heritage propertyNo impact will occur since no World Heritage properties are located within, near or adjacent to theproject area.5.1 (b) Likely impact on the heritage values <strong>of</strong> a listed National Heritage placeNo impact will occur since no listed National Heritage places are located within, near or adjacent tothe project area.5.1 (c) Likely impact on the ecological character <strong>of</strong> a declared Ramsar wetlandAlthough the project area occurs within the same catchment as the Riverland and within 10 km <strong>of</strong>another Ramsar Wetland (the Coorong/Lakes Alexandrina/Albert complex), it is unlikely that theproject will impact on the ecological character <strong>of</strong> any <strong>of</strong> these sites due to its distance from them.Additionally, it is unlikely that the <strong>proposed</strong> upgrade would have flow-on effects for the catchmentsince no watercourses are located within or near the project area.5.1 (d) Likely impact on the members <strong>of</strong> a listed threatened species or ecological community,or their habitatComments for Malleefowl are the same as those for Section 4.1 (d) Listed threatened species andecological communities, page 19 and Section 4.2 (h) Current state <strong>of</strong> the environment, page 25.Red-lored Whistlers have not been sighted inside Ferries McDonald CP since the 1940’s. Althoughthe species has been recorded in the general surrounding area in past years, since the species hasnot been sighted at Ferries McDonald CP (which represents the largest patch <strong>of</strong> suitable habitat) inseveral decades, it is unlikely that the <strong>proposed</strong> upgrade will significantly affect the species.The Black-eared Miner has not been recorded in the project area since the 1970’s and is nowconsidered extinct from the area (Carpenter pers. comm. 2006). Consequently, it is highly unlikelythat the <strong>proposed</strong> upgrade will affect the species in any way.Twenty Resin Wattle plants are located in the road reserve and were considered to be underthreat from this proposal. However during site visits with the RCMB, it was agreed that none <strong>of</strong>these plants would be affected during the implementation <strong>of</strong> this project. The twenty plantsrepresent approximately 0.8 % <strong>of</strong> the overall population (approximately 2,500 individuals) in theregion (Obst pers. comm. 2007), and as such would be unlikely to significantly impact this speciesanyway.The closest historic records <strong>of</strong> the Coloured Spider-orchid near the project area occur 300 and 800m west <strong>of</strong> Ferries McDonald Road in Monarto CP. Searching <strong>of</strong> these locations did occur as part <strong>of</strong>the <strong>SA</strong>MDB Threatened Flora Program surveys, however no individuals were relocated. A surveyundertaken in December 2006 did not locate any individuals in the survey area. Since only a smallamount <strong>of</strong> vegetation will be removed from the entire project area, and considering that thespecies has not actually been recorded in the project area, it is considered unlikely that the<strong>proposed</strong> upgrade will significantly affect the species.Although the Greencomb Spider-orchid has been recorded from the general region, it has not beenlocated in the project area and no individuals were located during a general flora surveyundertaken in December 2006. Consequently, it is considered highly unlikely that the <strong>proposed</strong>upgrade will significantly affect the species, particularly as vegetation clearance will be minimal.The closest current record for the Metallic Sun-orchid occurs 22 km east <strong>of</strong> the project area. Theclosest historical records for this species to the <strong>proposed</strong> upgrade area are from an areaapproximately 15 m west <strong>of</strong> Ferries McDonald Road in Monarto CP from 1992. Searches<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 27 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/4211undertaken in 2004 and 2005 failed to locate this species. Bec<strong>au</strong>se the roadside vegetationadjacent to Monarto CP is not considered optimal habitat for the species (EBS 2008), it is unlikelythat the <strong>proposed</strong> upgrade will significantly impact on the species.Comments for EPBC listed threatened orchid species were also addressed in Section 4.1 (d) Listedthreatened species and ecological communities, page 19.5.1 (e) Likely impact on the members <strong>of</strong> a listed migratory species or their habitatComments for Malleefowl are the same as those for Section 4.1 (d) Listed threatened species andecological communities, page 19.The Rainbow Bee-eater is a spring/summer migrant that breeds in South Australia. Road cuttingswith sandy banks are considered ideal nesting sites, consequently this species could be foundnesting along the road reserve within the project area (Carpenter pers. comm. 2006). However, itis unlikely that the <strong>proposed</strong> upgrade will affect the Rainbow Bee-eater significantly bec<strong>au</strong>se theupgrade will not substantially modify, destroy or isolate important habitat for the species, result inthe introduction <strong>of</strong> an invasive species that is harmful to the Rainbow Bee-eater or seriouslydisrupt any stage <strong>of</strong> a significant proportion <strong>of</strong> the species’ population.5.1 (f) Likely impact on the environment in part <strong>of</strong> the Commonwealth marine areaNo impact is likely since no Commonwealth marine areas are located within or adjacent to theproject area.5.2 Likely impacts for nuclear <strong>action</strong>s, <strong>action</strong>s affectingCommonwealth land or <strong>action</strong>s taken by the CommonwealthNo impact will occur for nuclear <strong>action</strong>s since no nuclear <strong>action</strong> areas are located within oradjacent to the project area. The project will take place on Commonwealth land (Ferries McDonaldCP), however the overall impact <strong>of</strong> the project will be minimal since the amount <strong>of</strong> vegetation tobe cleared is relatively small and constitutes an upgrade <strong>of</strong> an already existing road rather thanthe development <strong>of</strong> a new road. Additionally, the sections that pass through or are adjacent tothe Conservation Parks are relatively small.Several threatened species have been identified as existing in or near the project area (detailedpreviously) in the Conservation Parks (Commonwealth land). It is considered that impacts on thesespecies will be minimal, either bec<strong>au</strong>se enough suitable habitats will remain, bec<strong>au</strong>se the potentialloss <strong>of</strong> individuals would not be substantial enough to affect the overall population, or bec<strong>au</strong>se thespecies has not been recorded in proximity to the project area for a number <strong>of</strong> years. Malleefowlmay be affected by the <strong>proposed</strong> upgrade, not necessarily by the construction phase, but throughroad mortality facilitated by the increased traffic flow that is anticipated after the upgrade. Thepotential impacts on Commonwealth land include the possible introduction <strong>of</strong> weeds onearthmoving and other construction equipment and increased road mortality for Malleefowl. Otherimpacts on Malleefowl may include disturbance during their breeding season. These issues havebeen addressed through Council’s Environment Management Plan (EMP) for the Project that waswritten by consultant’s EBS.It is unlikely that the upgrade will significantly affect soil on Commonwealth land as the road isalready in place and the proposal constitutes an upgrade. No important landscapes or landforms,water bodies, Heritage places or items, or renewable or non-renewable items are situated in theproject area.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 28 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42116 Measures to avoid or reduce impactsCouncil is committed to minimising potential impacts on matters <strong>of</strong> national significance.Investigations regarding the environmental value (both flora and f<strong>au</strong>na) <strong>of</strong> the project area (referEBS Reports); including identifying the amount <strong>of</strong> native vegetation likely to be cleared has beencompleted. A detailed ‘Native Vegetation Clearance Assessment Report’ (EBS, July 2008) has beencompleted. Measures to reduce potential impacts will be undertaken prior to, during and after theroad upgrade as per Council’s Environment Management Plan (EMP).General All earthmoving equipment and vehicles will be cleaned thoroughly prior to undertakingconstruction work in the project area. This cleaning will ensure that new weed species arenot introduced into the area. Compliance will be monitored in accordance with the EMP.Threatened flora The location <strong>of</strong> potentially threatened flora has been documented and wherever possible,will be avoided during the upgrade. Implementation and monitoring <strong>of</strong> EMP.Threatened and migratory f<strong>au</strong>naComments for Malleefowl are as per Section 3.1 Description <strong>of</strong> proposal, page 8 and AttachmentOne: Proposed Speed Signing Strategy and Attachment Two: Proposed Traffic Control Measures– Each End <strong>of</strong> FMCP.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 29 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/42118 Assessment approach under the EPBC ActLevel <strong>of</strong> assessmentBilateral Agreement appliesAccredited assessmentXAssessment on referral informationPreliminary informationPublic Environment ReportEnvironmental Impact StatementCommission <strong>of</strong> InquiryNo comment/Not sureKey reasonsThe information provided in this referral is based on a flora survey and f<strong>au</strong>na survey undertaken inDecember 2006 and consultation with experts; consequently it should be adequate to facilitate adecision against the criteria <strong>of</strong> the EPBC Act 1999.<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 31 <strong>of</strong> 35


Application - Version 2 <strong>of</strong> October 2009 EPBC Ref 2008/421110 Information sources and attachments10.1 ReferencesGeneral ReferencesCutten, J L., (1998), Distribution and Abundance <strong>of</strong> Mallefowl (Leipoa ocellata) in the <strong>Murray</strong>Mallee and South East Regions <strong>of</strong> South Australia, Nature Conservation Society <strong>of</strong> SouthAustralia Incorporated, AdelaideDepartment for the Environment & Heritage, South Australia (2006), South Australian F<strong>au</strong>na andFlora databaseEnvironmental & Biodiversity Services (EBS) (2007), Flora and F<strong>au</strong>na Assessment – FerriesMcDonald Road Redevelopment Proposal, Report prepared for the <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong><strong>Bridge</strong>, Adelaide, <strong>SA</strong>Gillam, S. (2005), Update <strong>of</strong> Mallefowl Monitoring in South Australia, <strong>SA</strong> Department for theEnvironment & Heritage, AdelaideKahrimanis, M. J., Carruthers, S., Oppermann, A., and Inns, R. (2001), Biodiversity Plan for theSouth Australian <strong>Murray</strong>-Darling Basin, <strong>SA</strong> Department for the Environment & Heritage,AdelaideMatthew, J., Cr<strong>of</strong>t, T., and Carpenter, G. (1995), Revision <strong>of</strong> the distribution <strong>of</strong> the Red-loredWhistler in <strong>SA</strong>, South Australian Ornithologist 33, 103-106South Australian Museum (2005), South Australian Museum f<strong>au</strong>na databaseStokes A (1998), Guide to the Roadside Vegetation Survey Methodology for South Australia, SouthAustralian <strong>Gov</strong>ernmentStrathalbyn Naturalists Club Inc (2000), Natural History <strong>of</strong> Strathalbyn and Goolwa Districts,Strathalbyn Naturalists Club IncorporatedPersonal Comment ReferencesBenshemesh, Dr Joe (2008; 2009), Melbourne (Aust) Based Consultant and Published AustralianAuthority on the Malleefowl, engaged by the <strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> for this Project,Report Correspondences dated 13 November 2008; 25 April 2009 & 12 June 2009, CouncilTrim References 08/30324; 09/13134 and 09/19315Bridle Thelma (2008; 2009), Conservation Officer, Native Orchid Society <strong>of</strong> South Australia Inc(NOS<strong>SA</strong>), Adelaide <strong>SA</strong>Carpenter, Graham (2006), Scientific Officer, Biodiversity Assessment Services, <strong>SA</strong> Department forthe Environment & Heritage, AdelaideCopley, Peter (2009), Senior Ecologist, Threatened Species & Ecological Communities,Conservation Policy & Programs Directorate, <strong>SA</strong> Department for Environment & Heritage,Adelaide, Council Trim Ref 09/14231Department for Transport, Energy & Infrastructure (DTEI), Senior Managers as listed on page 2,Adelaide, South AustraliaElford, Mark (2008), Director, Road Transport Policy & Planning, DTEI Policy & Planning Division,<strong>SA</strong> <strong>Gov</strong>ernment, Letter <strong>of</strong> support to Council for the Project, 7 November 2008, CouncilTrim Ref 08/29751Gillam, Sharon (2007), Threatened F<strong>au</strong>na Project Officer, <strong>SA</strong> Department for the Environment &Heritage, AdelaideNussio Donna (2009), District Ranger <strong>Murray</strong> Mallee, Regional Conservation Directorate, <strong>SA</strong> Deptfor Environment & Heritage, Email Correspondence Council Trim Ref 09/20045Obst, Chris (2007), <strong>Murray</strong> Darling Basin Threatened Flora Officer, Environmental and BiodiversityServices, Adelaide <strong>SA</strong>Pedler, Fred (2008; 2009), Executive Officer, Southern & Hills Local <strong>Gov</strong>ernment Association(S&HLGA), South Australia, Email Correspondence 28 October 2008 justifying FerriesMcDonald Road Option in the S&HLGA ‘2010 Transport Plan Addendum’ <strong>of</strong> 2004 CouncilTrim Ref 08/28811<strong>SA</strong> Police (<strong>SA</strong>POL) Hills <strong>Murray</strong> Local Service Area (2009), Endorsement provided to <strong>Murray</strong> <strong>Bridge</strong>Council for the Project, Letter 8 May 2009, Council Trim Ref 09/14984<strong>Rural</strong> <strong>City</strong> <strong>of</strong> <strong>Murray</strong> <strong>Bridge</strong> – Ferries McDonald Rd (Ver 2) Page: 33 <strong>of</strong> 35

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