Australian Government

Department of the Environment and Energy

APPROVAL
lIuka Residential Subdivision, Hickey Street, lIuka, NSW (EPBC 2017/8003)

This decision is made under sections 130(1) and 133(1) of the Environment Protection and Biodiversity
Conservation Act 1999 (Cth) (EPBC Act). Note that section 134(lA) of the EPBC Act applies to this
approval, which provides in general terms that if the approval holder authorises another person to
undertake any part of the action, the approval holder must take all reasonable steps to ensure that the
other person is informed of any conditions attached to this approval, and that the other person
complies with any such condition.

Details

Person to whom the approval is granted Stevens Holdings Pty Limited

(approval holder)

ACN or ABN of approval holder ACN 002 386450

Action To construct a community title residential subdivision
on Lot 99 DP 823635 in lluka, NSW [See EPBC Act
referral 2017/8003].

Approval decision
My decisions on whether or not to approve the taking of the action for the purposes of each controlling
provision for the action are as follows.

Controlling Provisions

Sections 12 and 15A (World Heritage) Approve

Sections 15B and 15C (National Heritage) Approve
Sections 18 and 18A (Listed threatened species and communities) Approve

Period for which the approval has effect

This approval has effect until 31 December 2031.

Conditions of approval
This approval is subject to the conditions under the EPBC Act as set out in ANNEXUREA.

Decision-maker

Name and position Kim Farrant

Assistant Secretary
Assessments and Waste Branch

Signature

Date 0/ decision

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NOT 401 v4.0
ANNEXURE A- CONDITIONS OF APPROVAL

Part A - Conditions specific to the action

1. The person taking the action must not clear more than 14.11 ha of native vegetation on the subject
site within the development footprint, and must not clear any native vegetation within the core
conservation zones.
2. The person taking the action must implement the Landscape Master Plan, to facilitate movement
of protected fauna through the street verges. All landscaping works specified in the Landscape
Master Plan must be completed prior to finalising the plan of survey at each stage of the
subdivision.
3. The person taking the action must prepare and submit a Habitat Management Plan for the
Minister's approval at least three months prior to commencement of the action. Clearing of native
vegetation must not commence uniess the Minister has approved the Habitat Management Pian in
writing. If the Minister approves the Habitat Management Plan, then the approved Habitat
Management Plan must be implemented.
4. The Habitat Management Plan must be consistent with the Department's Environmental
Management Plan Guidelines, and consistent with the draft Habitat Management Plan dated
14 August 2018 including:
a. Measures to improve and maintain the condition of habitat for protected matters in the core
conservation zones.
b. Planting schedules and landscape requirements for the Landscape Master Plan to facilitate
movement for protected fauna as required by Condition 2.
c. Measures to control recognised threats to protected matters and their habitats during
construction and ongoing use post construction.
d. Provisions for the ecological supervision of works to minimise direct impacts of the action on
protected matters.
e. A monitoring and reporting program, which must include measurable performance indicators,
trigger values for corrective actions, and proposed corrective actions if trigger values are
reached.
f. A Koala Monitoring and Reporting Program. The Koala Monitoring Program must be consistent
with the provisions of the Clarence Valley Comprehensive Koala Plan of Management,
including any provisions for registration of data on koala presence.
5. The person taking the action must prepare a Community Management Statement and register it
prior to cornplatlon of the action, and submit a copy to the Minister. To ensure the ongoing
protection of habitat for protected matters on the subject site, the registered Community
Management Statement must:
a. Include binding provisions specifying that the core conservation zones must be secured for
environmental conservation purposes for the life of the scheme.
b. Include binding obligations requiring the Community Association to implement the approved
Habitat Management Plan for the life of the scheme.
c. Specify that the community is a dog and cat containment area, and include binding obligations
for all residents requiring that premises with dogs must have dog-proof and koala-proof
exclusion fences, dogs must be on leash at all times within the subdivision when outside of
fenced premises, and domestic cats are prohibited from being outside of fenced premises.

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Part B - Standard administrative conditions

Notification of date of commencement of the action

6. The approval holder must notify the Department in writing of the date of commencement of the
action within 10 business days after the date of commencement of the action.

7. If the commencement ofthe action does not occur within 5 years from the date of this approval,
then the approval holder must not commence the action without the prior written agreement of
the Minister.

Compliance records

8. The approval holder must maintain accurate and complete compliance records.

9. If the Department makes a request in writing, the approval holder must provide electronic copies of
compliance records to the Department within the timeframe specified in the request.
Note: Compliance records may be subject to audit by the Department or an independent auditor in accordance with section
458 of the EPBC Act, and or used to verify compliance with the conditions. Summaries of the result of an audit may be
published on the Department's website or through the general media.

Preparation and publication of plans

10. The approval holder must:
a. Submit the Habitat Management Plan electronically to the Department for approval by the
Minister.
b. Publish the Habitat Management Plan on its website within 20 business days of the date the
plan is approved by the Minister or of the date a revised action management plan is submitted
to the Minister, unless otherwise agreed to in writing by the Minister.
c. Exclude or redact sensitive ecological data from plans published on its website or provided to
a member of the public.
d. Publish the landscape Master Plan on its website prior to commencement of the action.
e. Keep the Habitat Management Plan and the landscape Master Plan published on its website
until the end date of this approval.
11. The approval holder must ensure that any monitoring data (including sensitive ecological data),
surveys, maps, and other spatial and metadata required under conditions of this approval, is
prepared in accordance with the Department's Guidelinesfor biological survey and mapped data
(2018) and submitted electronically to the Department.
Annual compliance reporting
12. The approval holder must prepare a compliance report for each 12 month period following the date
of commencement of the action, or as otherwise agreed to in writing by the Minister. The approval
holder must:
a. Publish each compliance report on its website within 60 business days following the relevant
12 month period.
b. Notify the Department by email that a compliance report has been published on its website
within five business days of the date of publication.
c. Keep all compliance reports publicly-available on its website until-this approval-expires.
d. Exclude or redact sensitive ecological data from compliance reports published on its website.
e. Where any sensitive ecological data has been excluded from the version published, submit the
full compliance report to the Department within five business days of publication.
Note: Compliance reports may be published on the Department's website.

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Reporting non-compliance

13. The approval holder must notify the Department in writing of any non-compliance with the
conditions and any non-compliance with the commitments made in the Habitat Management Plan
or the Landscape Master Plan. The notification must be given no later than two business days after
becoming aware of the non-compliance. The notification must specify:
a. The condition which is or may be in breach.
b. A short description of the non-compliance.
14. The approval holder must provide to the Department the details of any non-compliance with the
conditions or commitments made in the Habitat Management Plan as soon as practicable and no
later than 10 business days after becoming aware of the non-compliance, specifying:
a. Any corrective action or investigation which the approval holder has already taken or intends
to take in the immediate future.
b. The potential impacts of non-compliance.
c. The method and timing of any remedial action that will be undertaken by the approval holder.
Independent audit
15. The approval holder must ensure that independent audits of compliance with the conditions are
conducted as requested in writing by the Minister.
16. For each independent audit, the approval holder must:
a. Provide the name and qualifications of the independent auditor and the draft audit criteria to
the Department.
b. Only commence the independent audit once the audit criteria have been approved in writing
by the Department.
c. Submit an audit report to the Department within the timeframe specified in the approved
audit criteria.
17. The approval holder must publish the audit report on its website within 10 business days of
receiving the Department's approval of the audit report and keep the audit report published on its
website until the end date of this approval.
Revision of action management plans
18. The approval holder may, at any time, apply to the Minister for a variation to an action
management plan approved by the Minister under condition 3, or as subsequently revised in
accordance with these conditions, by submitting an application in accordance with the
requirements of section 143A of the EPBC Act. If the Minister approves a revised action
management plan (RAMP)then, from the date specified, the approval holder must implement the
RAMP in place of the previous action management plan.
19. The approval holder may choose to revise an action management plan approved by the Minister
under condition 3, or as subsequently revised in accordance with these conditions, without
submitting it for approval under section 143A of the EPBC Act, if the taking of the action in
accordance with the RAMPwould not be likely to have a new or increased impact.
20. If the approval holder makes the choice under condition 19 to revise an action management plan
(RAMP) without submitting it for approval, the approval holder must:
a. Notify the Department in writing that the approved action management plan has been revised
and provide the Department with:
i. An electronic copy of the RAMP.
ii. An electronic copy of the RAMP marked up with track changes to show the differences
between the approved action management plan and the RAMP.

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 iii. An explanation of the differences between the approved action management plan and
the RAMP.

iv. The reasons the approval holder considers that taking the action in accordance with the
RAMP would not be likely to have a new or increased impact.

v. Written notice of the date on which the approval holder will implement the RAMP (RAMP
implementation date), being at least 20 business days after the date of providing notice
of the revision of the action management plan, or a date agreed to in writing with the
Department.

b. Subject to condition 22, implement the RAMP from the RAMP implementation date.
21. The approval holder may revoke their choice to implement a RAMP under condition 19 at any time
by giving written notice to the Department. If the approval holder revokes the choice under
condition 19 the approval holder must implement the previous action management plan approved
by the Minister.
22. If the Minister gives a notice to the approval holder that the Minister is satisfied that the taking of
the action in accordance with the RAMP would be likely to have a new or increased impact, then:
a. Condition 19 does not apply, or ceasesto apply, in relation to the RAMP.
b. The approval holder must implement the action management plan specified by the Minister in
the notice.
23. At the time of giving the notice under condition 22, the Minister may also notify that for a specified
period of time, condition 19 does not apply for one or more specified action management plans.
Note: conditions 19, 20, 21, and 22 are not intended to limit the operation of section 143A of the EPBC Act which allows the
approval holder to submit a revised action management plan, at any time, to the Minister for approval.

Completion of the action

24. The approval holder must notify the Department in writing of the date of completion of the action
within 30 days after the date of completion of the action.

Part C - Definitions

25. In these conditions, except where contrary intention is expressed, the following definitions are
used:

a. Clarence Valley Comprehensive Koala Plan of Management means the document

Comprehensive Koala Plan of Management for the Ashby, Woombah & lIuka localities in the
Clarence Valley LGA prepared by Clarence Valley Council, dated March 2015.

b. Clear / Clearing means the cutting down, felling, thinning, logging, removing, killing,
destroying, poisoning, ring-barking, uprooting or burning.

c. Commencement of the action means the first instance of any specified physical activity on the
subject site associated with the action. Commencement does not include minor physical
disturbance necessary to undertake pre-clearance surveys or monitoring programs or install
signage and lor temporary fencing to prevent unapproved use of the project area.

d. Community means a Community Association within the meaning of the NSW

Association
Community Land Development Act 1989 and the NSW Community Land Management Act 1989.

e. Community Management Statement means a community management statement within the

meaning of the NSW Community Land Development Act 1989 and the NSW Community Land
Management Act 1989.

f. Completion of the action means the time at which all approval conditions (except condition
24) have been fully met.

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g. Compliance records means all documentation or other material in whatever form required to
demonstrate compliance with the conditions of approval in the approval holder's possession or
that are within the approval holder's power to obtain lawfully.

h. Compliance reports means written reports:

i. Providing accurate and complete details of compliance and non-compliance with the
conditions and the Habitat Management Plan or the Landscape Master Plan.
ii. Consistent with the Department's Annual Compliance Report Guidelines dated 2014 or as
updated from time to time.
iii. Include a shapefile of any clearance of any protected matters, or their habitat,
undertaken within the relevant 12 month period.
iv. Annexing a schedule of all plans prepared and in existence in relation to the conditions
during the relevant 12 month period.

i. Core Conservation Zones means the areas identified as 'Core Conservation Zone' shaded dark
green on the map at Attachment B.

j. Department means the Australian Government agency responsible for administering the EPBC
Act.

k. Development footprint means the area shaded blue on the map at Attachment A.

I. Independent audit means an audit conducted by an independent and suitably qualified person
as detailed in the Department's Environment Protection and Biodiversity Conservation Act 1999
Independent Audit and Audit Report Guidelines dated 2015 or as updated from time to time.

m. Landscape Master Plan means the document 1586l1uka Community Subdivision - Landscape
Master Plan prepared by Moir LandscapeArchitect dated 6 April 2018, or as updated from time
to time.

n. Minister means the Australian Government Minister administering the EPBC Act including any
delegate thereof.

o. Native vegetation means any plant species naturally occurring in New South Wales.

p. New or increased impact means a new or increased environmental impact or risk relating to
any protected matter, when compared to the likely impact of implementing the action
management plan that has been approved by the Minister under condition 3, including any
subsequent revisions approved by the Minister, as outlined in the Department's Guidance on
'New or Increased Impact' relating to changes to approved management plans under EPBC Act
environmental approvals, dated 2017 or as updated from time to time.

q. Plan of survey means :3 plan of survey defining the lots in the community plan within thp.
meaning of the NSW Surveying and Spatial Information Regulation 2017.

r. Protected fauna means the listed threatened species, and the species associated with world
heritage values, for which this approval has effect, including: the Koala (Phascolarctos
cinereus) (combined populations of Qld, NSW and the ACT),Spot-tailed Quoll (Dasyurus
maculatus maculatus) (SE mainland population), Grey-headed Flying-fox (Pteropus
poliocephalus), White-eared Monarch (Monarcha leucotis), Wonga Pigeon (Leucosarcia
melanoleuca), Wompoo Fruit-Dove (Ptililnopus magnificus), Rose-crowned Fruit-Dove
(Ptilinopus regina), Superb Fruit-Dove (Ptilinopus superbus), Rufous Fantail (Rhipidura
rufifrons), Eastern Free-tail Bat (Mormopterus norfolkensis), Little Bent-wing Bat (Miniopterus
australis), Eastern Long-eared Bat (Nyctophilus bifax).

s. Protected matter means a matter protected under a controlling provision in Part 3 of the EPBC
Act for which this approval has effect, including protected fauna and the Scented Acronychia
(Acronychia littoralis).

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t. Scheme means a community scheme within the meaning of the NSW Community Land
Development Act 1989 and the NSW Community Land Management Act 1989.

u. Sensitive ecological data means data as defined in the Department's Sensitive Ecological Data
- Access and Management Policy Vl.0, dated 2016 or as updated from time to time.

v. Street verges means the areas identified as 'Street Verges / Landscape Zone' shaded light
green on the map at Attachment B.

w. Subject site means the land parcel identified as Lot 99 DP 823635 bordered by the red line on
the map at Attachment B.

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 ATIACHMENTA

8
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Z LOT 99 DP 823635
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::I: Core Conservation Zone
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5 Bushfire Trail Zone

street Verges / Landscape Zone

APZ setbacks LOT 7020 DP 1114873

Residential Lots ~

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