Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd

Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd - [2007] NSWLEC 59 - NSWLEC 2007 case summary — Zoe

[182]

In this consent, except in so far as the context or subject-matter otherwise indicates or requires, the following terms have the meanings indicated: Act Environmental Planning and Assessment Act 1979 Applicant RES Southern Cross Pty Ltd AHD Australian Height Datum CASA Civil Aviation Safety Authority CIP Community Information Plan Commissioning commencement of testing and connection of any individual turbine(s) and may include concurrent ongoing construction activities Conditions of Consent The conditions set out in this Schedule CEMP Construction Environmental Management Plan Construction any activity requiring a Construction Certificate, the laying of a slab or significant excavation work Council Upper Lachlan Council dB(A) decibel (A-weighted scale) the Department NSW Department of Planning Development the development to which this consent applies, the scope of which is described in the EIS and these conditions of consent DEC NSW Department of Environment and Conservation (incorporates the former NSW Environment Protection Authority and National Parks and Wildlife Service) Director-General Director-General of the NSW Department of Planning or delegate DNR Department of Natural Resources Dust any solid material that may become suspended in air or deposited EPA Environment Protection Authority (part of DEC). DEC continues to exercise certain statutory functions and powers in the name of the EPA EIS Environmental Impact Statement for the development entitled Taralga Wind Farm Environmental Impact Statement Volumes 1 and 2, prepared by Geolyse and dated November 2004 LAeq(10-minute) equivalent average sound pressure level that is measured over a 10 minute period Minister NSW Minister for Planning, or delegate OEMP Operational Environmental Management Plan Operation any activity at the site that results in the production, or intended production of electricity for contribution to the electricity grid, but does not include commissioning Parcel of land an allotment or a number of adjoining allotments belonging to the same landowner. Publicly Available Available for inspection by a member of the general public (for example available on an internet site or at a display centre) and including the Crookwell library and the Council's Community Service Centre, Taralga. POEO Act Protection of the Environment Operations Act 1997 Principal Certifying Authority the Minister or an accredited certifier, appointed under section 109E of the Act, to issue a Part 4A Certificate as provided under section 109C of the Act Reasonable and Feasible Consideration of best practice taking into account the benefit of proposed measures and their technological and associated operational application in the NSW and Australian context. Feasible relates to engineering considerations and what is practical to build. Reasonable relates to the application of judgement in arriving at a decision, taking into account: mitigation benefits, cost of mitigation versus benefits provided, community views and the nature and extent of potential improvements Relevant receiver has the same meaning as in the SA Guidelines Regulation Environmental Planning and Assessment Regulation 2000 Relevant Government Agencies the Department, Department of Natural Resources, Department of Lands, RTA, SCA, and Upper Lachlan Council RFS Rural Fire Service RTA Roads and Traffic Authority SCA Sydney Catchment Authority Site the land to which this consent applies SA Guidelines the South Australian Environmental Protection Authority's Wind Farms: Environmental Noise Guidelines (2003) in existence as at the date of this consent. Confidential information Any information in respect of or in relation to: (a) warranty details of any windfarm component (including turbines, electrical equipment or cables, monitoring equipment, television re-transmission tower, buildings or any civil works); (b) contractual or commercial arrangements with any landowners, suppliers, customers or other third parties; (c) contractual or commercial arrangements with windfarm owners or managers; (d) Any matter the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (whether living or deceased); and (e) The energy performance and/or capacity of any turbine.

[290]

85 A Construction Flora and Fauna Management Sub Plan must be prepared as part of the CEMP. The Sub Plan must be prepared in consultation with the Department and must include but not be limited to: (a) detailed plans identifying: (i) terrestrial vegetation communities; important flora and fauna habitat areas; habitat trees, locations where threatened species, populations or ecological communities were recorded; and areas to be cleared. The plans must also identify vegetation adjoining the development where this contains important habitat areas and/or threatened species, populations or ecological communities; (b) methods to manage impacts on flora and fauna species (terrestrial and aquatic) and their habitat which may be directly or indirectly affected by the development. These must include: (i) procedures for vegetation clearing, soil management and managing other habitat damage (terrestrial and aquatic) during construction; (ii) methods to protect vegetation both retained within, and also adjoining, the development from damage during construction; (iii) methods to protect rocky outcrops and other potential reptile habitat both retained within, and also adjoining, turbines and ancillary development from damage during construction; (iv) a habitat tree management program including fauna recovery procedures and habitat maintenance (e.g. relocating hollows or installing nesting boxes); and (v) performance criteria against which to measure the success of the methods; (c) details of how structures associated with the development will be designed to reduce the risk of bird and bat strike; (d) rehabilitation details including: (i) identification of locally native species to be used in rehabilitation and landscaping works, including flora species suitable as a food resource for threatened fauna species; (ii) the source of all seed or tube stock to be used in rehabilitation and landscaping works including the identification of seed sources within the site. Seed of locally native species should be collected before construction commences; and (iii) methods to re-use topsoil (and where relevant, subsoils), surface rocks and cleared vegetation; (e) a Weed Management Strategy including: (i) identification of weeds within the site and adjoining areas; (ii) weed eradication methods and protocols for the use of herbicides; (iii) strategies to control the spread of weeds during construction, including ensuring that machinery brought on site is weed and pathogen free; (f) a program for reporting on the effectiveness of terrestrial and aquatic flora and fauna management measures against the identified performance criteria. Management methods must be reviewed and revised where found to be ineffective; and (g) a program to ensure that all staff and contractors associated with the development are aware of the location of all protected areas.

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