Department of Environment Regulation – Department of Mines and Petroleum

Applications for a clearing permit to be assessed under a Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Accredited Process

Assessment bilateral agreement – Annex C7 The native vegetation clearing permit processes under Part V of the Environmental Protection Act 1986 (EP Act) have been accredited by the Commonwealth under the EPBC Act and can be assessed under an assessment bilateral agreement. To be assessed under the assessment bilateral agreement, the proposed clearing action must be referred to the Commonwealth under the EPBC Act prior to submitting this Annex C7 together with a permit application form (C1, C2 or C4).

Part 1 Project name and identification

EPBC Act Number

Short name for the project

Orchard Development and Fire Protection Strip – 814 Canning Road, Carmel

Provide 2 or 3 sentences to uniquely identify the proposed action and its location

This property abuts well developed orchards in the Carmel area which have been used for orchard activities for some 4 generations. This application includes the degraded areas and has taken into consideration a need to reduce the number of larger trees with hollows (noting that many of the larger trees are either very stressed or dead and are generally unsafe as most have a burnt out hollow in the base of the tree). The proposed clearing area includes areas that have been used historically for a cattle yard and has been heavily logged in the past for a former nearby timber mill. The area occurs in a valley system that has had orchard activities operating in the valley for some four generations. The owners intend to cover the orchard with netting to protect the fruit from local birds. This measure has worked effectively in other areas of Australia in terms of balancing the orchard production and in deterring native birds from the impacting the fruit in the orchards. More details associated with baseline property values, proposed actions, consultation, management and mitigation measures are summarized in an attached letter.

Part 2 Proposed clearing action and impact assessment details

Where the proposed clearing action has been determined to be a controlled action by the Commonwealth Minister for the Environment, assessment of the clearing action under the assessment bilateral agreement can occur if the following information is provided and attached to this Annex and the clearing permit application form (C1, C2 or C4).

Please tick the boxes to indicate you have attached the required information:

Description of the proposed clearing action.

Detailed descriptions, including surveys reports and methodologies, of the matter/s of national environmental significance (matters of NES) prescribed through the EPBC Act controlled action decision and any other relevant matters:

World heritage property Specify N/A

National heritage property Specify N/A

Wetlands of international importance (Ramsar) Specify N/A

Nationally listed threatened species and ecological communities including suitable habitat Specify Potential for some foraging by listed Black Cockatoos, some potential hollows in some

sections of the proposed clearing areas. The proposed clearing area of 9.24ha has reduced the number of larger trees with hollows. On the basis of local knowledge and assessments these larger trees on this property have not been observed to be used for nesting by the Black Cockatoos. See attached letter and previous baseline reports (Mattiske Consulting and Western Wildlife).

Listed migratory species including suitable habitat Specify N/A

Commonwealth Marine

Specify N/A

The likely relevant impacts of the action on matters of NES prescribed through the EPBC Act controlled action decision such as:

a description of the relevant impacts, including environmental, social and economic impacts;

a detailed analysis of the nature and extent of the likely direct, indirect, short or long term impacts;

a statement whether any relevant impacts are likely to be unknown, unpredictable or irreversible;

technical data and other information used to make the detailed assessment.

Feasible alternatives to the proposed action such as:

the alternative of taking no action;

a comparative description of the impacts of each alternative;

sufficient detail to make clear why any alternative is preferred to another.

Detailed description and cost details of possible mitigation measures such as:

avoidance and mitigation measures proposed to be undertaken to prevent or minimise the relevant impacts

of the action on any matter of NES;

a detailed outline of a plan for the continuing management, mitigation and monitoring of relevant matters of

NES impacts of the action;

details of the offset package to compensate for any significant residual impacts on matters of NES;

an analysis of how the offset package meets the requirements of the EPBC Act Offsets Policy.

Sources of information and references

Part 3 Consultation

The role and interest of Aboriginal peoples, as applicable, in promoting conservation and ecologically sustainable use of natural resources and knowledge of biodiversity and Aboriginal heritage are included.

Note: After the CEO has determined that the permit application is validly made under section 51E of the EP Act the application will be advertised for public comment. The applicant will be provided with submissions made by the public during the public comment period and must prepare and submit to the CEO a written response which summarises or takes into account the issues raised by the public in those submissions.

If you need any assistance please contact the Department of Environment Regulation Email: nvp@der.wa.gov.au

Telephone: +61 8 6467 5020

December 2014 DER20141218

Department of Environment Regulation – Department of Mines and Petroleum

Application for a clearing permit (area permit) Environmental Protection Act 1986 s 51E

FORM C1 Clearing of native vegetation is prohibited in Western Australia except where a clearing permit has been granted or an exemption applies. A person who causes or allows unauthorised clearing commits an offence.

CPS No.

Date stamp

Part 1 Assessment bilateral agreement

The native vegetation clearing processes under Part V of the Environmental Protection Act 1986 (EP Act) have been accredited by the Commonwealth of Australia under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and can be assessed under an assessment bilateral agreement.

To be assessed under the assessment bilateral agreement, the proposed clearing action must be referred to the Commonwealth under the EPBC Act prior to submitting this application form and Annex C7 must also be completed. For further information see Annex C7 and A guide to native vegetation clearing processes under the assessment bilateral agreement available at www.der.wa.gov.au/nvp.

Do you want your proposed clearing action assessed in accordance with, or under, an EPBC Act Accredited Process such as the assessment bilateral agreement?

Yes No Proceed to Part 2

Has the proposed clearing action been referred to the Commonwealth of Australia under the EPBC Act?

Yes EPBC Number

No It cannot be assessed under an Accredited Process such as the assessment

bilateral agreement until it has been referred to the Commonwealth. Proceed to Part 2.

Has a decision been made under the EPBC Act as to whether the proposed clearing action is a controlled action?

Yes No Proceed to Part 2

Is the proposed clearing action a controlled action under the EPBC Act?

No It cannot be assessed under an Accredited Process, proceed to Part 2

Yes Complete and attach the requirements of Annex C7 to this completed form

List the controlling provisions identified in the notification of the controlled action decision

Awaiting allocation of assessment number. Annex C7

Annex C7 is complete and the required supporting information is attached

Part 2 Land details The location of the land where clearing is proposed must be accurately described.

FILE REFERENCE

Land description: volume and folio number, lot or location number(s), Crown lease or reserve number, pastoral lease number or mining tenement number of all properties

Street address

Local government area Land zoning, e.g. rural, residential, industrial

Rural Conservation

Part 3 Proposal An aerial photograph or map with a north arrow must be attached, clearly marking the area proposed to be cleared or if you have the facilities, a digital map on CDROM of the area to clear as an ESRI shapefile with the following properties:

Geometry type: polygon shape

Coordinate system: GDA 1994 (Geographic latitude/longitude)

Datum: GDA 1994 (Geocentric Datum of Australia 1994).

Total area of clearing proposed (hectares) and/or number of individual trees to be removed

See Covering Letter (June 2017)

Proposed method of clearing

Period within which clearing is proposed to be undertaken, e.g. May 2014 – June 2014

Purpose of clearing

Has this clearing application or any related matter been referred to the Environmental

Protection Authority (EPA) Yes No

Lot 400 Canning Road, Carmel: Previous cattle yard and mainly degraded regrowth stunted Jarrah – Sheoak forest – see Mattiske report attached, aerial photographs (in attached series of maps) and also photographs in Appendix A as attached and also a brief letter summarizing reduced impacts on

the Cockatoos.

Facilitate expansion of orchard operations for fruit and fire break between orchard and the adjacent lands for fire protection purposes.

814 Canning Road, Carmel

Dingo and Bulldozer clearing of vegetation, with excavators used for stump removal.

9.24 ha

July 2017 to July 2018

Shire of Kalamunda

Part 4 Applicant To apply for a permit you must either be:

the landowner

acting on the landowner’s behalf or

likely to become the landowner.

Note: If you are acting on behalf of the landowner, you must attach a letter of authority from the landowner explicitly stating that you, the applicant, have authority to clear on the said land.

Are you applying as an individual, a company or an incorporated body? – Enter details for one only (please print)

Ownership of land Form of ownership:

A landowner can be:

a person who holds the Certificate of Title

a person who is the lessee of Crown land or

a public authority that is responsible for care of the land.

If granted, the permit will be granted in the name of the landowner.

Certificate of Title (please attach a copy of the certificate and all associated encumbrances

with the application—available from Landgate)

Pastoral lease (please attach a copy of the lease and all associated encumbrances with the

application)

Mining lease

Public authority that has care, control or management of the land

Other form of lease, land tenure or specific arrangement. Please state:

Relationship to landowner

Please indicate your relationship to the landowner. If you are likely to become the landowner, please attach evidence of the pending transfer of ownership, contract of sale (‘offer and acceptance’) or letter from current landowner.

I am (tick applicable box)

the owner of the land

acting on behalf of the owner and have attached an agent’s authority, expressly authorising

me to act on behalf of the landowner

likely to become the owner of the land (please provide copy of ‘offer and acceptance’)

Proposed permit holder details Given name, family name and title (Mr, Position title/Company Mrs, Ms, etc.)

Postal/Business address* (for future correspondence)

Fixed telephone number Mobile telephone number

Fax number Email address

*If applying as a company or incorporated body, please also supply the registered business office address.

Mr Garrie Vincenti, Weemala Orchard 60 Morton Road, CARMEL WA 6076

Mr Tony Vincenti, Mr Garrie Vincenti and Vincenti family

Weemala Orchard

60 Morton Road, CARMEL WA 6076

0418920760 (Garrie)

garriev@bigpond.com

Part 6 Prescribed fee Make cheques or money orders payable to: Department of Environment Regulation (for all clearing purposes other than mining and petroleum activities) or Department of Mines and Petroleum (for mineral and petroleum clearing activities under the Mining Act, various Petroleum Acts or State Agreement Acts). To make payment with a credit card, please complete Form C3 and attach to this form. Do not send cash in the mail.

Please indicate the clearing permit application fee that you are paying:

$50 for an area of less than one hectare

$100 for an area between one hectare and 10 hectares

$200 for an area of more than 10 hectares

OFFICE USE ONLY

Payment method (tick applicable box):

Cheque Money order Credit card (please complete Form C3 and attach)

Part 7 Application checklist Additional information to assist in the assessment of your proposal may be attached to this application – e.g. reports on salinity, fauna or flora studies or other environmental reports conducted for the site could be included in electronic format and submitted on CDROM.

Please ensure you have included the following as part of your application:

REQUIRED

A completed application form that is signed and dated by all landowners, or the applicant acting

on behalf of or likely to become the landowner.

Payment.

An aerial photograph or map with a north arrow clearly identifying the areas of vegetation

proposed to be cleared or ESRI shapefile. *An ERSI shapefile must be provided if the application requires an assessment under an EPBC Act Accredited process.

I have read and understand the ‘Confidential or commercially sensitive information’ section at the

bottom of this form. REQUIRED IF APPLICABLE

Copy of the Certificate of Title or pastoral lease

Copy of written authority to act on behalf of the landowner.

Evidence of the pending transfer of land ownership, such as the offer and acceptance, or

written notice from the current landowner

Form C3 if fee is to be paid by credit card

Annex C7 if the clearing is also to be assessed under an EPBC Act Accredited Process

Please provide a summary of all attached documentation

Cover Letter: ‘AAH1701_Carmel Cover Letter June 2017.doc’ with explanation of reduced impacts, mitigation measures and photographs, tables and maps. Series of Updated Maps: (Maps 1 to 10) See ‘AAH1701_Combined Maps June 2017.pdf’ Photograph Appendix: See ‘AAH1701_Appendix A_Photographs June 2017’ Mattiske Consulting - Threatened and Priority Flora and Vegetation: ‘Mattiske_AAH1501_Report and Appendices.doc’ This was a baseline study of the wider Lot 400, Canning Road, Carmel. Western Wildlife for Targeted Cockatoo work: ‘Western Wildlife_Lot 400 Canning Road Cockatoo Survey 2016’ This was a baseline study of the wider Lot 400, Canning Road, Carmel. Credit Card Payment for Clearing Permit (Form C3):

‘Form_C3_credit_card_payment_Carmel400_June 2017.doc’

Part 8 Lodgement Send by email or post original applications for all clearing purposes (other than mining and petroleum activities) to: Department of Environment Regulation

Locked Bag 33, CLOISTERS SQUARE PERTH WA 6850 Email: nvp@der.wa.gov.au Telephone: 6467 5020 For more information: www.der.wa.gov.au/nvp

Send original applications related to mining and petroleum clearing activities (under delegation) to:

Department of Mines and Petroleum

Environment Division Mineral House 100 Plain St EAST PERTH WA 6004

Telephone: 9222 3333 For more information: www.dmp.wa.gov.au

Please retain a copy of this form for your records. Incomplete applications will be declined in accordance with section 51E (3) of the Environmental Protection Act 1986.

CONFIDENTIAL OR COMMERCIALLY SENSITIVE INFORMATION

Information submitted as part of this application may be made publicly available. If you wish to submit information that you believe to be commercially sensitive or otherwise confidential, then you should submit that information in an appendix to this application, with a written statement of reasons why you request that each item of information be kept confidential. The department will take reasonable steps to protect confidential or commercially sensitive information. Please note in particular that all submitted information may be the subject of an application for release under the Freedom of Information Act 1992. If you have any enquiries regarding the provision of relevant

information as part of this application contact either the Department of Environment Regulation or the Department of Mines and Petroleum. If there is insufficient space on any part of this form, please continue on a separate sheet of paper and attach to this form.

December 2014 DER20141218

Department of Environment Regulation – Department of Mines and Petroleum

Credit card payment for clearing permit applications

Environmental Protection Act 1986 s 51E

FORM C3 Clearing of native vegetation is prohibited in Western Australia except where a clearing permit has been granted or an exemption applies. A person who causes or allows unauthorised clearing commits an offence.

CPS No.

Date stamp

Part 1 Prescribed fees

Fee to be paid:

AREA PERMIT APPLICATION (for use with Form C1) Required for all area permit applications

$50 for an area of less than one hectare

$100 for an area between one hectare and 10 hectares

$200 for an area of more than 10 hectares

$50 for an amendment not related to the area

PURPOSE PERMIT APPLICATION (for use with Form C2) Required for all purpose permit applications

$200

OFFICE USE ONLY

AREA PERMIT AMENDMENT (for use with Form C4)

$50 to alter the requirements of, or increase the area covered by an

area permit by less than one hectare

$100 to increase the area covered by an area permit by between

one hectare and 10 hectares

$200 to increase the area covered by an area permit by more than

10 hectares

PURPOSE PERMIT AMENDMENT (for use with Form C4)

$200 to alter any requirement of a purpose permit

SURRENDER (for use with Form C6)

$5 to surrender a clearing permit (fee non-refundable)

ADDITIONAL PAYMENT (under payments or change in application details)

$50

$100

$200

Other—please specify $

Credit card number

Card holder name Card type:

MasterCard Visa

Applicant (person or company name)

Tick if receipt to be issued to the applicant

Expiry date

Signature Contact phone number

2

Part 2 Lodgement

Please attach Form C3 to any relevant clearing permit application form and send by email or post original applications for all clearing purposes (other than mining and petroleum activities) to: Department of Environment Regulation

Locked Bag 33, CLOISTERS SQUARE, PERTH WA 6850 Email: nvp@der.wa.gov.au Telephone: 6467 5020 For more information: www.der.wa.gov.au/nvp

Please attach Form C3 to any relevant clearing permit application form and send original applications related to mining and petroleum clearing activities (under delegation) to: Department of Mines and Petroleum

Environment Division Mineral House 100 Plain St EAST PERTH WA 6004

Telephone: 9222 3333 For more information: www.dmp.wa.gov.au

April 2014 DER2013037C