Consent and determining authorities are required to consider potential impacts on M. deanei and its habitat when considering development or activity proposals under parts 4 and 5 of the EP&A Act.
Part 3 of the EP&A Act provides for the preparation of environmental planning instruments (EPIs) and this presents opportunities to conserve important habitat for M. deanei at the landscape level. For example, important sites that contain M. deanei can be protected under an appropriate environmental zoning when councils prepare or review local environment plans (LEPs). This is a more effective means of providing for the conservation requirements of a species than through the assessment of individual development applications.
An action that does not require a consent or approval under the EP&A Act and which is likely to affect M. deanei, requires a licence to be issued by the Director General of DECCW under Section 91 of the TSC Act.
Rural Fires Act 1997
The RF Act requires all parties involved in fire suppression and prevention to have regard to the principles of ecologically sustainable development when exercising their functions and when preparing plans of operation or bush fire risk management plans. Within this, consideration must be given to the impact on threatened species and their habitats.
Under the RF Act, certain public authorities can authorise bush fire hazard reduction work (including prescribed burning and mechanical vegetation clearance) in habitat for a threatened species by issuing a Bush Fire Hazard Reduction Certificate (BFHRC). These certificates can only be issued for works that comply with the Bush Fire Environmental Assessment Code (BFEAC), and occur on land that is subject to a Bush Fire Risk Management Plan. The Threatened Species Hazard Reduction List forms part of the BFEAC and contains specific conditions for sites that support threatened species. The specific conditions in the list that relate to M. deanei are detailed in Section 8.
Where proposed bush fire hazard reduction activities do not meet the criteria necessary to allow a BFHRC to be issued, then an approval under Parts 4 or 5 of the EP&A Act or s91 of the TSC Act is required.
Local Government Act 1993
The LG Act defines the powers, duties and functions of all local councils in NSW. Section 8(1) of the Act requires councils ‘to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of sustainable development’. This includes the integration of biodiversity considerations into the decision-making process.
Chapter 6 of the Act requires councils to prepare plans of management for community land that take into account council’s obligations under approved recovery plans.
Crown Lands Act 1989
Part 3 of the CL Act sets out the process for assessing Crown land against prescribed land evaluation criteria. This leads to an assessment of the land’s use for community or public purposes, environmental protection, nature conservation, water conservation, or other purposes. In identifying uses for Crown land, the Minister is to have regard to the views of any government department.
Under the Act, the Minister for Lands may place restrictions on the transfer or use of Crown land or impose a public positive covenant on Crown land for the purposes of protecting the environment or natural resources, and/or protecting other significant values of the land.
Appendix 3: Melaleuca deanei general location details and population specific information
Given concerns that the publication of exact location details for populations of M. deanei may compromise conservation, specific location information (Eastings and Northings) is not included. Public authorities, land managers, or others with genuine reasons for requiring the data, may request this additional information contacting the Threatened Species Unit or may obtain the information via the NPWS Wildlife Atlas.
Site codes marked with * show priority sites as described in Section 8 of this recovery plan.