About this document Strategic assessment scoping document - Solomon Heights, Vic Before a strategic assessment begins, it is recommended that a scoping exercise is carried out by the Department of the Environment (the Department) and the strategic assessment partner/s (assessment partner/s). It is intended that this process will lead to a common understanding on: expectations about the outcomes of the assessment; key issues for both parties including areas where compromise is not possible; key matters of national environmental significance (MNES); availability of information and data requirements; resourcing requirements; timing; and governance arrangements. The main purpose of this process is to ensure that all parties are very clear about expectations and legal requirements. The scoping exercise will provide the basis for preparing the agreement and a work plan detailing milestones, responsibilities and other arrangements. Background Solomon Heights is an area of 32.82 hectares in North Sunshine, approximately 12 kilometres north-west of the Melbourne central business district, Victoria. There is increasing interest in developing this property, given the relative proximity to the Melbourne central business district. Surveys of the site indicate the presence of substantial environmental values, including critically endangered plants, animals and ecological communities. Attachment A includes details on MNES and summarises the available data. This area is zoned as industrial; however the block sizes and road widths are more suited to residential development. The blocks are owned by over 100 individual lot owners. Also, the road network is owned by private individuals and different entities own the road networks in the north and south of the site. More information on the background of the site is at Attachment B. Expected outcomes of the strategic assessment All parties agree that the following outcomes are expected from the strategic assessment: 1) An approval under s146b of the EPBC Act (with or without conditions) for taking actions in accordance with a program. This approval does not affect obligations to comply with any other laws of the commonwealth, state or territory that are applicable to the action. Neither does this approval confer any right, title or interest that may be required to access land or waters to take the action. 2) An endorsed program that sets out: avoidance of direct and/or indirect impacts on high quality environmental assets at the site as far as reasonably practical; provisions for long-term management of any protected assets;
mitigation measures to reduce the risk of indirect impacts to as low as reasonably practical; and provision of offsets for the residual impacts of development at the site in accordance with the Department s EPBC Act Environmental Offsets Policy, including the principle that an offset should be implemented either before, or at the same point in time as, the impacts. The offset may be delivered by the identified proponent of the development (Glen Ora Pty Ltd) or an alternative strategic assessment partner. Key issues to be resolved and stakeholders The assessment partner/s who would enter the agreement have not been decided: Glen Ora Pty Ltd have provided written advice indicating that they are interested in entering into a strategic assessment for the southern portion of the site. Brimbank City Council and the Metropolitan Planning Authority (MPA) have indicated that they are exploring options regarding strategic approaches to the whole site including the northern and southern portions. The site may be subject to a Native Vegetation Precinct Planning Process (Victorian Planning Provision 52.16). In this case, the Department of Environment, Land, Water and Planning would be involved in a state-level assessment process. The site that will be the subject of the assessment is yet to be clearly defined. Glen Ora Pty Ltd is primarily interested in the development of the southern portion of the site, south of Whitehill Ave. One option is to conduct an EPBC strategic assessment that only covers this southern portion of the site. Brimbank City Council has been working with landowners for a number of years to implement a solution that covers the entirety of the site. The land that is the subject of the strategic assessment is owned by a number of different parties. If the program sets out avoidance or mitigation strategies (for example, avoiding the development of certain portions of the site), the implications of these strategies on the land owners must be considered. The land owners are key stakeholders, and the assessment partner/s would need to consider how to effectively engage these stakeholders in the process; for example, by seeking comments on the program prior to the general public consultation period. Resourcing requirements and timing The site has been surveyed a number of times. While a few additional surveys may be required, the bulk of the environmental values on the site are well characterised. Cost recovery applies to strategic assessments, and the Minister (or delegate) will determine whether full or partial cost recovery is appropriate for this strategic assessment. It is noted that Glen Ora Pty Ltd has claimed exemptions from cost recovery in the referrals received to date. Attachment C sets out the documentation required for a strategic assessment. The process for a strategic assessment of a property of this size is expected to be of similar magnitude to an assessment by preliminary documentation under the EPBC Act. The key outputs to be produced from the strategic assessment process are: A strategic assessment agreement and terms of reference for the strategic assessment report. For this assessment, it is unlikely that public comment would be required on the terms of reference.!2
The draft strategic assessment report and the draft program, released for public comment for 28 days, then revised to take into account public comments. The submission of the revised strategic assessment report and program to the Department for review and approval. The following figure sets out the process of carrying out a strategic assessment:!3
! Attachment A Matters of National Environmental Significance!4
The site (both northern and southern sections) contains listed threatened species and ecological communities. No other controlling provisions are expected to be significantly impacted. Surveys indicate the presence of: ~16 hectares (ha) of the critically endangered natural temperate grassland of the Victorian volcanic plain ecological community; >300 critically endangered spiny rice-flower (Pimelea spinescens subsp. spinescens); habitat for the critically endangered golden sun moth (Synemon plana); and habitat for the vulnerable striped legless lizard (Delma impar). The following MNES survey reports are relevant to the site: Ecological assessment, Ecology and Heritage Partners (January 2016); Targeted surveys for matted flax-lily and golden sun moth, Ecology and Heritage Partners (March 2016); Striped legless lizard survey, Abzeco (March 2016); Spiny rice-flower survey parts 1, 2, 3 and 4 (August 2015); and Flora and fauna report, Abzeco (May 2011) There are also a number of other reports that may be relevant for assessing indirect impacts, for example on hydrology and geology of the site. The following map of native vegetation is from the 2011 Abzeco flora and fauna report, and shows the distribution at that time of critically endangered grassland and spiny rice-flower:!5
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Attachment B Recent background of Solomon Heights The Metropolitan Planning Authority (Victoria) has been in contact with the Department including in June 2015, to discuss a possible strategic approach to developing Solomon Heights, given that there are more than 100 lot owners. The Brimbank City Council is interested in developing a precinct structure plan (PSP) to cover all of Solomon Heights. This approach would allow for compensation of those lot owners who have protected matters on their land. There has been some discussion between the MPA and the Council about rezoning the land to residential; however this has not yet been resolved. In April 2016, Glen Ora Pty Ltd submitted a referral proposing the paving of roads and the installation of infrastructure across the southern portion of the site. At the same time, further referrals were submitted for the development of a small number of blocks and the installation of fencing.!1
Attachment C - Strategic assessment documentation Document Purpose / Content / Comments Responsibility Agreement The Minister may enter into a strategic assessment Agreement with any Party the adoption or implementation of a Policy, Plan or Programme (): o formalises both Parties intention to undertake a strategic assessment o stipulates statutory obligations under Part 10 of the EPBC Act and the assessment process. Contain draft Terms of Reference see below. Contain Endorsement Criteria: o Set of conditions that guide the Minister in deciding whether to endorse the. Terms of Reference (ToR) Policy, Plan or Programme () Strategic Assessment Report (SAR) Management Strategies Optional Management Plans Optional Defines the minimum content of the Strategic Assessment Report (SAR) to assess impacts on protected matters from implementation of the. Any instrument that, if implemented, may significantly impact on one or more protected matters. Not generally suitable for assessment under Part 8 of the EPBC Act because it would not meet the definition of an action under Section 527E of the EPBC Act. Describes and assesses the potential impacts of to which the strategic assessment Agreement relates. Demonstrate that implementation of the will result in acceptable outcomes for protected matters. Must address the ToR and Endorsement Criteria. One or more strategies that: o describe how mitigation / management procedures for protected matters will be implemented o are not site specific o ensure protected matters are managed consistently throughout strategic assessment area. Set the requirements for specific Management Plans. One or more plans that: o are developed from approved Management Strategies o implement the mitigation and management measures outlined in Management Strategies o may be site/area specific dependant on protected matters present and potential impacts. Signed by the Minister (or delegate) and at least one other Party Approved by the Minister Reviewed by the Department Endorsed by the Minister Reviewed by the Department Considered by the Minister at endorsement Select strategies may be approved by the Minister Select plans may be approved by the Minister
Other implement n plans Optional Any other documentation, not specifically part of the, required to deliver commitments and/or outcomes for protected matters o E.g. administration plans, governance structures and agreements, state level agreements and plans Approved iaw governance framework!2