application for a section 91 licence...section 91 tsc act licence application (august 2012) 1 of 14...

Section 91 TSC Act Licence Application (August 2012) 1 of 14

Application for a

Section 91 Licence under the Threatened Species Conservation Act 1995 to harm or pick a

threatened species, population or ecological community* or damage habitat.

1. Applicant’s Name ^: (if additional persons require authorisation by this licence, please attach details of names and addresses)

Susan Richards

2. Australian Business Number (ABN):

46004610459

3. Organisation name and position of applicant ^: (if applicable)

Organisation – The Shell Company Of Australia. Position – Environmental Services Program Manager

4. Postal address ^:

Gate 5, Durham Street, Rosehill, NSW 2214

Telephone ^:

B.H. (07)3364 5235

5. Location of the action (including grid reference and local government area and delineated on a map).

The proposed Environmental Site Assessment works are to be completed at the Former Shell Depot site located at the corner of Old Port Road and Flinders Street, Port Kembla NSW. The action is to be undertaken wholly within the Wollongong City Council local government area. See Figure 1 in the attached Plan of Management for site boundary and location details. The site is centred on grid reference 306847 6183670, UTM MGA Zone 56.

6. Full description of the action and its purpose (e.g. environmental assessment, development, etc.)

Shell has engaged URS as their environmental consultants to complete site assessment works at this site in line with the EPA’s Sampling Design Guidelines

1. The works will comprise soil and groundwater

sampling and URS propose to carry out the investigation over the course of a two to three week period, immediately following the approval of this Licence (assumed to be December 2012).

* A threatened species, population or ecological community means a species, population or ecological community identified in Schedule 1, 1A or Schedule 2 of the Threatened Species Conservation Act 1995.

^The personal details of all Section 91 licences will be displayed in the register of Section 91 licences

required under Section 104 of the Threatened Species Conservation Act 1995. See notes. 1 NSW EPA (1995) Sampling Design Guidelines – Contaminated Sites

http://www.environment.nsw.gov.au/resources/clm/95059sampgdlne.pdf


The temporary investigation locations will provide detailed information on the current soil and groundwater conditions in order for URS to gain an understanding of the environmental conditions of the site. The investigation locations will either comprise a soil bore, a soil test pit, or a soil bore converted to a groundwater monitoring well. The test pitting will be carried out with an excavator (most likely 12 tonne excavator) completing up to 30 soil test pits. A test pit (1.5 m by 0.5 m) will be mechanically excavated, opened up, material placed to one side, soil samples collected and the material will then be returned to the excavation to complete the pit. Each test pit, including infill, will be completed in the same day. Up to 30 soil bore locations will be investigated and the conversion of up to 15 of these locations to groundwater monitoring wells. A soil bore will be mechanically augered by a drill rig (expected to be a track mounted Geoprobe rig). The drill rig is to be accompanied by a support trailer (also expected to be track mounted) working side by side. Each soil bore, including infill, will be completed in the same day. Soil bores converted to groundwater monitoring wells will be capped in the same day. Following on from the installation of up to 15 groundwater monitoring wells, a separate round of monitoring will take place. No intrusive works are involved. The works comprise gauging, purging and sampling the newly installed and existing groundwater monitoring wells on-site. It is expected that one 4WD vehicle only would be used during the groundwater monitoring event. Given the Christmas break, this phase of work may take place early January 2013.

7. Details of the area to be affected by the action (in hectares).

The site covers a total area of 3.4 hectares (ha). The proposed investigation locations are spread across the site. The final locations proposed investigations will be selected based on the guidelines provided within the Plan of Management for the site (refer to Question 17 of this licence application). Wherever possible investigation locations will be sited in areas considered least likely to support the Green and Golden Bell Frog (identified as Zone 3 in Figure 4 of the attached Plan of Management). Some investigation in other areas may be required. These will be restricted to areas identified as Zone 2 in Figure 4 of the attached Plan of Management. No investigations will be undertaken in areas identified as Zone 1 in Figure 4 of the attached Plan of Management. Soil test pits will cover a surface area of approximately 2.0 m long x 0.5 m wide and will extend down to a depth ranging from 2.0 – 4.0 m below ground level. Soil bores will have a circular surface area of 0.15 – 0.30 m in diameter and will extend down to a depth ranging from 2.0 – 6.0 m below ground level. The total area of impact will be approximately 100 m

2, encompassing

30 test pits and temporary stockpile areas, as well as 30 soil bores. Groundwater sampling involves no intrusive works and would be limited


to vehicle and pedestrian movements between existing well locations.

8. Duration and timing of the action (including staging, if any).

The first phase of the proposed action (intrusive works), are to be completed on weekdays over the course of two to three weeks. The typical hours of operation would be 07:00 am to 05:30 pm. Actual dates of work would be finalised once this licence has been approved, however are expected to commence immediately following the approval of this Licence application, with intrusive works to be undertaken in December 2012. It is likely that the groundwater sampling will take place in January 2013 given the Christmas break. Mitigation measures provided in the attached Plan of Management have been developed to assume that the dates of work would be undertaken during the active period for the species. Following on from the installation of the soil bores and monitoring wells, groundwater sampling would be undertaken. This would involve going to each location and opening the gatic cover, drawing a sample with a small pump, collecting the water and then resealing the gatic cover.

9. Is the action to occur on land declared as critical habitat

*?

(tick appropriate box)

Yes No

10. Threatened species, populations or ecological communities to be harmed or picked.

Scientific name

Litoria aurea

Common name (if known)

Green and Golden Bell

Frog

Conservation status

(i.e. critically endangered,

endangered or vulnerable)

Vulnerable, EPBC Act;

Endangered, TSC Act

Details of no. of individual

animals, or proportion and type of plant

material (e.g. fertile

branchlets for herbarium

specimens or whole plants or

plant parts)

Individuals are assumed to be on site given

the presence of suitable habitat,

location of nearby records, and known Port

Kembla population.

Actual numbers on site are not

known.

* Critical habitat means habitat declared as critical habitat under Part 3 of the Threatened Species Conservation Act 1995.


11. Species impact: (please tick appropriate box)

a) For action proposed on land declared as critical habtat;

or b) For action proposed

on land not declared as critical habitat.

an SIS is attached Yes No Items 12 to 25 have been addressed Yes No

N.B: Provision of a species impact statement is a statutory requirement of a licence application if the action is proposed on critical habitat. The provision of information addressing items 12 to 17 is a statutory requirement of a licence application if the action proposed is not on land that is critical habitat. Information addressing any of the questions below must be attached to the application.

12. Describe the type and condition of habitats in and adjacent to the land to be affected by the action.

The action is to be undertaken on highly modified and disturbed land which is surrounded by heavy industry and associated infrastructure, including a Port railway line and several roads (Refer to Figure 2 in the attached Plan of Management). Land on which the action is to be undertaken has been utilised for heavy industrial purposes for an extended period of time, including bulk storage of petroleum products, and open storage of bulk materials such as gypsum. There is potential for some contamination to be present on site as a result. Much of the site is gently undulating, and drains towards Old Port Road. A retention basin is present on site, surrounded Typha sp. (Cumbungi), Phragmites australis (Common Reed), exotic grasses such as Pennisetum clandestinum (Kikuyu), Chrysanthemoides monilifera (Bitou Bush) and various exotic herbaceous species (Plate 1, below).

Plate 1. The retention basin contained relatively deep water (0.5 m - > 1.5 m) at the time of a site inspection (dated November 19, 2012), and it is suspected that the pond would have permanent standing water


due to the depth and topography of the site. The pond is fringed with Cumbungi and Common Reed, and drops away steeply from the bank. Given the depth of the water, it is thought that the Cumbungi and Common Reed would not have the chance to colonise the centre of the pond, leaving the water free of vegetation which may otherwise smother it. The aquatic plant Myriophyllum sp. was observed forming rafts within the pond. Elsewhere on site there are several grassed areas, as well as areas which are dominated by Bitou Bush, Lantana camara (Lantana) and Acacia spp., as well as some bare areas which were previously used for stockpiling bulk materials. To the south of the site lies a railway corridor and the site is surrounded by similar industrial sites. There are areas of ballast around the railway corridor, and several stockpiles of blue metal on site. There is evidence of illegal dumping in various locations throughout the site, with old mattresses, plasterboard, building rubble and garden waste piled around the site. Some of these areas have the potential to provide habitat for a range of native species. While the site is heavily impacted by industry, there is a known Port Kembla Litoria aurea population, which is known to use similarly disturbed sites nearby

2, characterised by similar habitat types.

Impacts resulting from the action would be contained entirely within the site boundary.

13. Provide details of any known records of a threatened species in the same or similar known habitats in the locality (include reference

sources).

Port Kembla is identified as being the most significant population for Litoria aurea in the Illawarra region

3. Litoria aurea has been found

on land owned by a range of industrial companies, including Bluescope Steel, Orica, Metal Manufactures, Commonwealth Rolling Mills, Port Kembla Copper, Garnock Engineering, Cleary Bros and Kembla Properties, as well as several local residential properties

2.

Where the species has been found on industrial properties, habitat similar to that found within the site is present. Known records of the species exist from similarly disturbed and modified land, within 1 km of the site

4 (Plate 2, overleaf), and

unqualified reports suggest that the species is known to use the adjacent rail corridor to the south of the site.

2 Department of Environment and conservation (NSW) (2007). Management Plan for the green and Golden Bell Frog

Key Population at Port Kembla. Department of Environment and Conservation (NSW), Sydney.

http://www.environment.nsw.gov.au/resources/threatenedspecies/2007106PortKemblaGGBFMP.pdf 3 Department of Environment and Conservation NSW ( 2005). Draft Recovery Plan for the Green and Golden Bell

Frog (Litoria aurea). DEC NSW, Hurstville, NSW.

http://www.environment.nsw.gov.au/resources/nature/recoveryplanGreenGoldBellFrogDraft.pdf 4 Office of Environment and Heritage (2012). NSW Bionet. http://www.bionet.nsw.gov.au/


14. Provide details of any known or potential habitat for a threatened species on the land to be affected by the action (include reference

sources).

Potential breeding, sheltering, foraging and dispersal habitat for the species exists within the site, in the form of the retention basin and surrounding vegetation (described in Question 12, above), with additional potential foraging habitat elsewhere on site (refer to Question 17 of this licence). Given that the species is known to use similarly disturbed land with similar habitat types in adjacent areas, it is considered likely that the species may utilise the site. While there are no confirmed records of the species on the site, the presence of suitable habitat, location of nearby records, and known habitat usage of the Port Kembla Litoria aurea population

2,4, it is

considered likely that the species would use the site periodically.

15. Provide details of the amount of such habitat to be affected by the action proposed in relation to the known distribution of the species and its habitat in the locality.

The site is approximately 3.4 ha in size. The total area of impact resulting from intrusive works is approximately 100 m

2. In addition to

this impact, disturbance resulting from vehicle, plant and equipment movement around site would be incurred. This disturbance would be limited where possible to existing tracks and cleared bare areas within the site; however some disturbance to grassed areas is envisaged. No impacts to breeding habitat or high quality sheltering habitat (Zone 1 in Figure 4 of the attached Plan of Management) will occur. Investigation locations will not be sited in these areas. Investigation locations will be preferentially located in previously disturbed areas (Zone 3 of Figure 4 of the attached Plan of Management). Some investigation locations will be required in Zone 2 (Figure 4 of the attached Plan of Management) in order to obtain suitable coverage of the site. Impacts are considered to be temporary in nature, as all test pits would be filled in using the original soil material once necessary testing is completed. It is envisaged that no open holes, pits, bores or wells would be left open overnight. Given the presence of suitable habitat in surrounding areas, and in adjacent properties, the amount of potential habitat to be impacted as a result of the action is considered to be small. It is likely that noise associated with the action would move on any Litoria aurea prior to commencement of works, and given the short time period over which works would be undertaken, impacts are considered to be temporary in nature.

16. Provide an assessment of the likely nature and intensity of the effect of the action on the lifecycle and habitat of the species.

The action would likely be undertaken during the active period of the species lifecycle, that is, between August to March, however the duration of works are expected to be less than three weeks in total. Works are expected to commence in December 2012, following approval of this Licence application, with the non-intrusive phase potentially occurring in January 2013. Works would be undertaken during daylight hours only, predominantly between 7:00 am and 5:30 pm.


No impacts to breeding habitat will occur. High quality sheltering habitat will not be disturbed. Given the comparatively small area of disturbance, the limited duration of works, and providing recommended mitigation measures are implemented, the intensity of works is considered unlikely to significantly impact on the lifecycle and habitat of the species.

17. Provide details of possible measures to avoid or ameliorate the effect of the action.

Measures to avoid, minimise and mitigate any impact are outlined in the attached Plan of Management. Management actions include:

• Avoid undertaking works in areas of breeding habitat and high quality sheltering habitat where the GGBF is most likely to occur. These areas are shown as 'Zone 1 – Avoid Works' in Figure 4 of the attached Plan of Management.

• Ensure active searching of foraging habitat and low quality sheltering habitat is undertaken prior to any surface disturbance. Active searching should include turning of potential shelter sites and searching through stands of grass. These areas are shown as 'Zone 2 – minimise impacts' in Figure 4 of the attached Plan of Management.

• Care should taken in all other areas to ensure animals are not moving across these areas. This would include having a person walk in front of any vehicles moving across the site. These areas are shown as 'Zone 3 – Take care' in Figure 4 of the attached Plan of Management.

• All personnel working on the site should be provided with an information sheet (Appendix 1 of the attached Plan of Management) to ensure they can identify the GGBF. If any fauna species are encountered a qualified ecologist should be contacted to relocate the anima to the nearest suitable habitat that will not be disturbed.

• Test pits and bore holes should be preferentially located in Zone 3 then Zone 2 (Figure 4 of the attached Plan of Management). No test pits or bore holes should be located in Zone 1 (Figure 4 of the attached Plan of Management).

• All test pits and bore holes (excluding groundwater monitoring bores) must be reinstated the same day, following the completion of works, and prior to leaving the site.

• All groundwater monitoring bores must be capped and sealed in the same day, prior to leaving the site.

• Vehicle movement should be restricted to formed and unformed tracks or areas of past disturbance that provide minimal habitat value (Zone 3, Figure 4 of the attached Plan of Management) where possible. If vehicle movement in areas of foraging habitat and low quality sheltering habitat (Zone 2, Figure 4 of the attached Plan of Management) are necessary active searching should be undertaken prior to any surface disturbance (see above for details). Vehicles should be moved in and out on the same path and disturbance minimized as far as possible.

• Works should be restricted to daylight hours when the species is unlikely to be calling. Work during nocturnal periods should be avoided.

• Suitable sediment control measures should be put in place


where works are to be undertaken adjacent to breeding habitat (Figure 3 of the attached Plan of Management). This would include temporary sediment control fences installed immediately downslope of spoil stockpile areas to prevent runoff.

• Sediment control measures must be maintained throughout the proposed works and until soil has compacted and is unlikely to cause sediment runoff during periods of heavy rainfall.

N.B: The Director-General must determine whether the action proposed is likely to significantly affect threatened species, populations or ecological communities, or their habitats. To enable this assessment the Applicant is required to address items 18 to 24. Any additional information referred to in addressing these items must be attached to the application.

18. In the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction.

Litoria aurea has been historically recorded within 1 km of the site (Plate 2

5), and potential habitat for the species is considered to exist

within the site. No disturbance to breeding habitat or moderate to high quality sheltering habitat will occur. The action will require temporary disturbance to potential foraging and low quality sheltering habitat for this species, in the form of test pits, and vehicle and plant movement around the site. However, it is considered unlikely that the action would have an adverse effect on the life cycle of the species such that a viable local population is placed at risk of extinction, given the presence of the species on the site has not been confirmed, that the Port Kembla population is known to extend over a series of properties within the vicinity of the site, and throughout the Port Kembla area

6,7, and the action will be

restricted to within the site boundary.

19. In the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction.

Not applicable, this factor refers to endangered populations listed in Part 2 of Schedule 1 of the TSC Act and Part 2 of Schedule 4 of the FM Act.

5 Office of Environment and Heritage (2012). NSW Bionet. http://www.bionet.nsw.gov.au/



http://www.environment.nsw.gov.au/resources/threatenedspecies/2007106PortKemblaGGBFMP.pdf 7 Department of Environment and Conservation NSW ( 2005). Draft Recovery Plan for the Green and Golden Bell


http://www.environment.nsw.gov.au/resources/nature/recoveryplanGreenGoldBellFrogDraft.pdf


20. In the case of an endangered ecological community or critically endangered ecological community, whether the action proposed:

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction.

Not applicable, this factor relates to endangered ecological communities listed under Part 3 of Schedule 1 of the TSC Act and Part 3 of Schedule 4 of the FM Act and the critically endangered communities listed under Part 2 of Schedule 1A of the TSC Act and Part 2 of Schedule 4A of the FM Act.

21. In relation to the habitat of a threatened species, population or ecological community:

(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and

(ii) whether an area of habitat is likely to

Litoria aurea inhabits marshes, dams and stream-sides, particularly those containing bullrushes (Typha spp.) or spikerushes (Eleocharis spp.). Preferred habitat includes water-bodies that are unshaded, free of predatory fish such as Plague Minnow (Gambusia holbrooki), have a grassy area nearby and diurnal sheltering sites available. Some sites, particularly in the Greater Sydney and Illawarra regions occur in highly disturbed areas

8.

(i) The action will require disturbance to areas of potential

foraging and low quality sheltering habitat for this species. Disturbance will be temporary in nature and limited to test pits with a total area of impact of approximately 100 m

2, as well as vehicle and plant

8 Office of Environment and Heritage (2012). Green and Golden Bell Frog – Profile.

http://www.environment.nsw.gov.au/threatenedspeciesapp/profile.aspx?id=10483


become fragmented or isolated from other areas of habitat as a result of the proposed action, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality.

movements around site. No impacts to breeding habitat or moderate to high quality sheltering habitat will occur. Given the relatively small area of land to be impacted, and given the known population range of the species in the region, the size of the area of potential habitat to be impacted is not considered likely to result a significant threat to the Port Kembla population of Litoria aurea.

(ii) Vegetation within the site is highly modified and disturbed, with existing fragmentation evident around the site including the rail corridor to the south and several roads and tracks. The site contains damp areas, as well as a retention pond and several grassy areas and potential diurnal sheltering sites that forms potential habitat for the species. Given the existing modified and disturbed nature of the site, the limited disturbance associated with the action and the proposed re-instatement of all test pits and soil bores it is considered unlikely that the action will further fragment or isolate areas of potential habitat for the species.

(iii) Potential habitat for Litoria aurea exists within the site, in the form of damp areas, a retention pond, grassed areas and diurnal shelter sites comprising shrubby exotic vegetation. Disturbance to the site will be temporary and limited to foraging habitat and low quality sheltering habitat. No impacts to breeding habitat or moderate to high quality sheltering habitat will occur. The species is known to occur throughout the Port Kembla area in a series of sub-populations, with records on numerous industrial and residential properties near to the site

9.

Assuming recommended mitigation measures are adopted, and given the existing habitat outside of the site, it is not considered likely that the potential habitat to be impacted is important to the long-term survival of the species in the locality.

(iv)

22. Whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly).

Not applicable. No critical habitat is listed on the register of Critical Habitat kept by the NSW Office of Environment and Heritage (OEH), NSW Department of Primary Industries (DPI) or the Commonwealth Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) relevant to the site

10,11,12.



http://www.environment.nsw.gov.au/resources/threatenedspecies/2007106PortKemblaGGBFMP.pdf 10

Office of Environment and Heritage (2012). Critical habitat register.

http://www.environment.nsw.gov.au/criticalhabitat/CriticalHabitatProtectionByDoctype.htm 11

Primary Industries Fishing and Aquaculture (2012). Register of critical habitat.

http://www.dpi.nsw.gov.au/fisheries/species-protection/conservation/what/register 12

Department of Sustainability, Environment, Water, Population and Communities (2012) Register of Critical Habitat.

http://www.environment.gov.au/cgi-bin/sprat/public/publicregisterofcriticalhabitat.pl


23. Whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan.

The key recovery actions identified in the draft recovery plan for Litoria aurea

13 are consistent with key threats associated with the

decline of the species. Those recovery actions that are relevant to the action include:

• Undertaking habitat improvement activities; and • Implementing a frog disease management strategy.

The action is largely consistent with the recovery actions outlined within the draft recovery plan for the species.

24. Whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

Key threatening processes considered relevant to the species and the action include:

• Invasion of native plant communities by Chrysanthemoides monilifera (bitou bush and boneseed).

• Infection of frogs by amphibian chytrid causing the disease chytridiomycosis

The majority of vegetation on site is highly modified and degraded, with established populations of Chrysanthemoides monilifera and other exotic species. The proposed works are unlikely to actively spread this species. No access to waterbodies is proposed, thus no spread of Chytrid fungus will occur. Breeding habitat will be avoided. As such, it is considered unlikely that the action would result in the operation of, or increase the impact of these key threatening processes.

Important information for the applicant Processing times and fees The Threatened Species Conservation Act 1995 provides that the Director-General must make a decision on the licence application within 120 days where a species impact statement (SIS) has been received. No timeframes have been set for those applications which do not require a SIS. The Director-General will assess your application as soon as possible. You can assist this process by providing clear and concise information in your application. Applicants may be charged a processing fee. The Director-General is required to advise prospective applicants of the maximum fee payable before the licence application is lodged. Therefore, prospective applicants should contact the Office of Environment and Heritage (OEH) prior to submitting a licence application. A $30 licence application fee must accompany a licence application. Protected fauna and protected native plants

*

13

Department of Environment and Conservation NSW ( 2005). Draft Recovery Plan for the Green and Golden Bell


http://www.environment.nsw.gov.au/resources/nature/recoveryplanGreenGoldBellFrogDraft.pdf * Protected fauna means fauna of a species not named in Schedule 11 of the National Parks and Wildlife Act 1974.


Licensing provisions for protected fauna and protected native plants are contained within the National Parks and Wildlife Act 1974. However, a Section 91 Licence may be extended to include protected fauna and protected native plants when these will be affected by the action. If you are applying for a licence to cover both threatened and protected species please provide the information requested in Item 10 as well as a list of protected species and details of the number of individuals animals or proportion and type of plant material which are likely to be harmed or picked. Request for additional information The Director-General may, after receiving the application, request additional information necessary for the determination of the licence application. Species impact statement Where the application is not accompanied by a SIS, the Director-General may decide, following an initial assessment of your application, that the action proposed is likely to have a significant effect on threatened species, populations or ecological communities, or their habitats. In such cases, the Threatened Species Conservation Act 1995 requires that the applicant submit a SIS. Following initial review of the application, the Director-General will advise the applicant of the need to prepare a SIS. Director-General’s requirements for a SIS Prior to the preparation of a SIS, a request for Director-General’s requirements must be forwarded to the relevant OEH Office. The SIS must be prepared in accordance with section 109 and 110 of the TSC Act and must comply with any requirements notified by the Director-General of OEH. Disclosure of Personal Information in the Public Register of s91 Licences The Public Register provides a list of licence applications and licences granted. A person about whom personal information is contained in a public register may request that the information is removed or not placed on the register as publicly available. Copies of all applications and licences issued under section 91 and certificates issued under section 95 of the Act are available on the OEH website at www.environment.nsw.gov.au/threatenedspecies/S91TscaRegisterByDate.htm or in hardcopy form from The Librarian, OEH, 59 Goulburn St, Sydney. Certificates If the Director-General decides, following an assessment of your application, that the proposed action is not likely to significantly affect threatened species, populations or ecological communities, or their habitats, a Section 91 Licence is not required and the Director-General must, as soon as practicable after making the determination, issue the applicant with a certificate to that effect. N.B: An action that is not required to be licensed under the Threatened Species Conservation Act 1995, may require licensing under the National Parks and Wildlife Act 1974, if it is likely to affect protected fauna or protected native plants.

Protected native plant means a native plant of a species named in Schedule 13 of the National Parks and Wildlife Service 1974.

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