Aquatic Ecology CEMP
Sub-plan and Marine
Ecology Construction
Monitoring Program
Eden Breakwater Wharf Extension
August 2017
Level 17, 141 Walker St
North Sydney NSW 2060
Australia
301311-13734-EN-REP-0010
www.advisian.com
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 2 of 41
Synopsis
The Aquatic Ecology Construction Environmental Management Plan (CEMP) Sub-plan has been
prepared by Advisian to identify environmental risks associated with aquatic ecology and how
those identified risks will be managed and mitigated for all construction activities for the Eden
Breakwater Wharf Extension herein referred to as “the Project”. The Project is to be carried out by
NSW Department of Industry – Lands and Forestry (the Principal).
Specifically, the Aquatic Ecology CEMP Sub-plan has been prepared to address the requirements of
Conditions C3c, C4 and C5 of the Infrastructure Approval (SSI 7734) and details how the
performance outcomes, commitments and mitigation measures specified in the Environmental
Impact Statement (EIS) and Response to Submissions (RTS) Report prepared during the planning
approval stage of the Project, as well as the relevant terms of the Infrastructure Approval, will be
implemented and achieved during construction. In accordance with Condition C17, the
requirements of the Marine Ecology Construction Monitoring Program in Conditions C10, C11, C12
and C13 have been incorporated into this Sub-plan.
Disclaimer
Advisian operates as an independent business line of the WorleyParsons Group. This report has
been prepared on behalf of and for the exclusive use of NSW Department of Industry - Lands &
Forestry, and is subject to and issued in accordance with the agreement between NSW Department
of Industry - Lands & Forestry and WorleyParsons.
Advisian accepts no liability or responsibility whatsoever for it in respect of any use of or reliance
upon this report by any third party.
Copying this report without the permission of NSW Department of Industry - Lands & Forestry and
Advisian is not permitted.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 3 of 41
Project No: 301311-13734-EN-REP-0010 – Aquatic Ecology CEMP Sub-plan
and Marine Ecology Construction Monitoring Program: Eden Breakwater
Wharf Extension
Rev Description Author Review
Advisian
Approval Date
A Draft for Internal
Review C. Steele C. Jones N/A
06.07.17
B Draft for Internal
Review C. Steele S. Mason-
Jones
N/A
12.07.17
C Draft for Contractor
and Agency Review C. Steele S. Mason-
Jones
N/A
13.07.17
0 Issued for Use
C. Steele S. Mason-
Jones
S. Mason-
Jones
25.07.17
1 Re-Issued for Use
C. Steele S. Mason-
Jones
S. Mason-
Jones
09.08.17
Endorsement by Environment Representative
Name: Sofie Mason-Jones
Signature:
Date: 09/08/17
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 4 of 41
Table of Contents
Acronyms and Terms ....................................................................................................................... 6
1 Introduction ......................................................................................................................... 10
1.1 Purpose and Objectives of the Sub-plan ..................................................... 10
1.2 Requirements Matrix ........................................................................................... 10
1.3 Project Description .............................................................................................. 12
2 Approval Requirements ................................................................................................... 15
2.1 Infrastructure Approval ...................................................................................... 15
2.2 EPBC Referral Decision ....................................................................................... 15
2.3 Sea Dumping Permit ........................................................................................... 15
2.4 Harbour Master Approval ................................................................................. 15
3 Agency Consultation ......................................................................................................... 16
4 Management Controls ..................................................................................................... 18
5 Marine Ecology Monitoring ........................................................................................... 26
5.1 Baseline Data ......................................................................................................... 26
5.1.1 Marine Habitats .................................................................................................. 26
5.1.2 Marine Species .................................................................................................... 29
5.2 Marine Species Monitoring .............................................................................. 33
5.3 Piling and Re-Strike Testing Shut-down Requirements ......................... 34
5.4 Reporting of Monitoring Results .................................................................... 35
5.5 Monitoring Improvement Procedure ............................................................ 35
6 Reporting .............................................................................................................................. 36
6.1 Construction Specific Records and Reporting ........................................... 36
7 Review and Improvement ............................................................................................... 39
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 5 of 41
7.1 Continuous Improvement ................................................................................. 39
7.2 Sub-plan Update and Amendment ............................................................... 39
References .......................................................................................................................................... 40
Appendices
Appendix A: Agency Correspondence
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 6 of 41
Acronyms and Terms
Acronym and Term Definition
ALARP As low as reasonably practicable
BMP Batemans Marine Park
CEMP Construction Environmental Management Plan
Construction Includes all physical work required to construct the SSI, other
than the following low impact work:
(a) survey works including carrying out general alignment
survey, installing survey controls (including installation
of global positioning system (GPS)), installing repeater
stations, carrying out survey of existing and future
utilities and building and road dilapidation surveys and
hydrographic survey;
(b) background and/or baseline monitoring works;
(c) investigations including investigative drilling and
excavation;
(d) establishment of ancillary facilities in approved locations
or in locations meeting the criteria identified in
Condition A9 and Condition A11 of the Infrastructure
Approval including constructing ancillary facility access
roads and providing utilities to the facility;
(e) operation of ancillary facilities if the ER has determined
the operational activities will have minimal impact on the
environment and community
(f) minor clearing and relocation of native vegetation, as
identified in the EIS/RTS;
(g) installation of mitigation measures including erosion and
sediment controls, temporary exclusion fencing for
sensitive areas and acoustic treatments;
(h) relocation and connection of utilities where the
relocation or connection does not present a significant
risk to the environment as determined by the ER;
(i) archaeological testing under the Code of practice for
archaeological investigation of Aboriginal objects in NSW
(DECCW, 2010) or archaeological monitoring undertaken
in association with (a)-(i) above to ensure that there is
no impact on heritage items;
(j) other activities determined by the ER to have minimal
environmental impact which may include construction of
minor access roads, temporary relocation of pedestrian
and cycle paths and the provision of property access;
and
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 7 of 41
Acronym and Term Definition
(k) maintenance of existing buildings and structures
required to facilitate the carrying out of the SSI.
However, where heritage items, or threatened species,
populations or ecological communities (within the meaning of
the EP&A Act) are affected or potentially affected by any low
impact work, that work is construction, unless otherwise
determined by the Secretary in consultation with OEH or DPI
Fisheries (in the case of impact upon fish, aquatic invertebrates
or marine vegetation).
Contractor The Head or Principal Contractor for any contractor package.
This includes any direct employees, sub-contractors or sub-
consultants.
DISRD NSW Department of Industry, Skills and Regional Development
DoEE Commonwealth Department of the Environment and Energy
DP&E NSW Department of Planning and Environment
DPI NSW Department of Primary Industries including DPI Agriculture,
DPI Biosecurity and Food Safety, DPI Water and DPI Fisheries
Dumping Activities
Defined in the Sea Dumping Permit Variation as:
means all activities associated with the dumping permitted under
this permit, including:
(i) the loading for the purpose of dumping of dredged
material;
(ii) the dumping of the material at the prescribed
disposal site
EIS
The Eden Breakwater Wharf Extension State Significant
Infrastructure - Environmental Impact Statement, dated 3
November 2016
EP&A Act Environmental Planning and Assessment Act 1979
EPA NSW Environment Protection Authority
EPBC Act Commonwealth Environment Protection and Biodiversity
Conservation Act 1999
EPBC Referral Decision EPBC Referral Decision (EPBC 2016/7828), issued by DoEE, dated
13 April 2017
ER The Environmental Representative for the SSI
FM Act NSW Fisheries Management Act 1994
Harbour Master Approval Harbour Master Approval issued by the Port Authority of NSW
on 14 June 2017 under Clause 67ZN of the Ports and Maritime
Administration Regulation 2012
Infrastructure Approval Infrastructure Approval (SSI 7734) issued by the Executive
Director, Priority Projects Assessment (as delegate of the
Minister for Planning) DP&E under Section 115ZB of the
Environmental Planning and Assessment Act 1979, dated 5 July
2017)
IMO International Maritime Organisation
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 8 of 41
Acronym and Term Definition
IMS Invasive Marine Species
Incident An occurrence or set of circumstances that:
causes, or threatens to cause, material harm to the
environment, community or any member of the
community, being actual or potential harm to the health
or safety of human beings or to threatened species,
endangered ecological communities or ecosystems that
is not trivial; or
results in non-compliance with the Infrastructure
Approval
Key Threatening Process Key threatening process as specified in the NSW Fisheries
Management Act 1994
Low Impact Work Refer definition of Construction
Marine Mammal Observers
Trained marine mammal observer, with demonstrated
experience in the identification and management of whales and
to undertake the observation of whales during piling and re-
strike testing
Marine Species Means all whales, dolphins and marine turtles listed under the
Environment Protection and Biodiversity Conservation Act 1999
MARPOL International Convention for the Prevention of Pollution from
Ships 1973
Monitoring zone The area within a 300 metre radius of the (dredging disposal)
vessel
NOAA National Oceanic and Atmospheric Administration
NPWS NSW National Parks and Wildlife Service
NSW New South Wales
Observation Zone
The Observation Zone is defined as:
A horizontal radius as determined from the piling
equipment of 2.2 kilometres during September, October
and November, and
A horizontal radius determined from the piling
equipment of 1.5 kilometres during January, February,
March, April, May, June, July, August and December.
OEH NSW Office of Environment and Heritage
ORRCA Organisation for the Rescue and Research of Cetaceans in
Australia
Piling Defined in the EPBC Referral Decision as:
Any impact driving and/or vibro-coring
Proposed Mitigation
Measures
As detailed in the Response to Submissions Report Eden
Breakwater Wharf Extension, dated 24 February 2017
Principal NSW Department of Industry - Lands & Forestry
Re-strike testing Defined in the EPBC Referral Decision as:
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 9 of 41
Acronym and Term Definition
Testing of an installed pile to confirm that the pile has been
installed to the appropriate engineering standards
RTS
Response to Submissions Report Eden Breakwater Wharf
Extension, dated 24 February 2017 including the Summary of
Proposed Mitigation Measures
Shut down zone The Shut-down Zone is defined as:
A horizontal radius determined from the piling
equipment of 1.3 kilometres during September, October
and November, and
A horizontal radius determined from the piling
equipment of 1 kilometres during January, February,
March, April, May, June, July, August and December.
Secretary Secretary of the NSW Department of Planning and Environment
Sea Dumping Permit
Variation
Sea Dumping Permit (SD2015/3102) Variation issued by DoEE
under the Environment Protection (Sea Dumping) Act 1981,
dated 27 April 2017
SSI The State Significant Infrastructure as generally described in
Schedule 1 of the SSI 7734 Infrastructure Approval
Threatened Flora and Fauna
Threatened species, populations and ecological communities
listed under the NSW Threatened Species Conservation Act 1005,
NSW Fisheries Management Act 1994 and Commonwealth
Environment Protection and Biodiversity Conservation Act 1999
TSC Act NSW Threatened Species Conservation Act 1995
VRA Vessel Risk Assessment
Whales Species listed under the Environment Protection Biodiversity
Conservation Act 1999 (EPBC Act)
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 10 of 41
1 Introduction
1.1 Purpose and Objectives of the Sub-plan
Advisian has prepared a Construction Environmental Management Plan (CEMP) to identify the
environmental risks and how those identified risks will be managed and mitigated for all
construction activities for the Eden Breakwater Wharf Extension herein referred to as “the Project”.
The CEMP also addresses the relevant requirements of the Infrastructure Approval, the Sea
Dumping Permit Variation and EPBC Referral Decision.
This Aquatic Ecology CEMP Sub-plan has been prepared by Advisian to address the requirements
of Conditions C3c, C4 and C5 of the Infrastructure Approval and details how the performance
outcomes, commitments and mitigation measures specified in the Environmental Impact
Statement (EIS) and Response to Submissions (RTS) Report prepared during the planning approval
stage of the Project, as well as the relevant terms of the Infrastructure Approval, will be
implemented and achieved during construction. Further, in accordance with Condition C17, the
requirements of the Marine Ecology Construction Monitoring Program in Conditions C10, C11,
C12 and C13 have been incorporated into this Sub-plan. The Aquatic Ecology CEMP Sub-plan
forms part of the CEMP for the Project.
This Aquatic Ecology CEMP Sub-plan has been prepared in consultation with the NSW Department
of Primary Industries (DPI) and the NSW Office of Environment and Heritage (OEH). The details of
the consultation undertaken are set out in Section 3 with copies of written correspondence
between the Principal and the agencies provided in Appendix A.
The objectives of this Aquatic Ecology CEMP Sub-plan are to:
Ensure all personnel and Contractor(s) clearly understand their environmental
obligations under the relevant Project approvals, permits and licences in relation to
aquatic ecology;
Enable the Project to comply with the relevant Commonwealth and State Government
requirements and all relevant Australian standards;
Describe the management/mitigation measures and requirements as detailed in the
CEMP, EIS (and as amended by the RTS Report) and all other approvals, permits and
licences to ensure risks to aquatic ecology are minimised to As Low As Reasonably
Practicable (ALARP); and
To detail the required Marine Ecology Monitoring Program required during
construction activities.
1.2 Requirements Matrix
Table 1-1 shows the sections of the Aquatic Ecology CEMP Sub-plan where the relevant conditions
of the Infrastructure Approval have been addressed.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 11 of 41
Table 1-1 Matrix referencing the Infrastructure Approval Aquatic Ecology CEMP Sub-plan
Requirements and Section of Sub-Plan where addressed
Condition
No.
Requirement Reference
C3 The following CEMP Sub-plans must be prepared in consultation
with the relevant government agencies and stakeholders identified
for each CEMP Sub-Plan, and in consideration of the relevant
requirements in this approval and the Proposed Mitigation
Measures:
Required CEMP Sub-
plan
Relevant government
agencies and stakeholders
to be consulted
(c) Aquatic Ecology DPI, OEH
This CEMP
Sub-Plan
Section 3
Appendix A
C4 The CEMP Sub-plans must include, to the written satisfaction of the
Secretary, details of all information requested by an agency to be
included in a CEMP Sub-plan, including copies of all
correspondence from those agencies
Section 3
Appendix A
C5 The Aquatic Ecology CEMP Sub-plans is to make reference to
management measures and requirements of the Australian
Government specified in the Environment Protection and Biodiversity
Conservation Act 1999 (Commonwealth) referral decision EPBC
2016/7828 and Environment protection (Sea Dumping) Act 1981
(Commonwealth) sea dumping permit no. SD 2015/3102.
Section 2.2
Section 2.3
Table 4-1
C10 The following Construction Monitoring Programs must be prepared
in consultation with the relevant government agencies identified for
each Construction Monitoring Program to compare actual
performance of construction of the SSI against performance
predicted in the EIS/Submissions Report or in the CEMP:
Required CEMP Sub-
plan
Relevant government
agencies and stakeholders
to be consulted
(b) Marine Ecology
Monitoring
DPI, OEH
Section 5
Appendix A
C11 Each Construction Monitoring Program must provide:
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 12 of 41
a) Details of baseline data available Section 5.1
b) Details of baseline data to be obtained and when Section 5.1
c) Details of all monitoring of the project to be undertaken Section 5.2
d) The parameters of the project to be monitored Section 5.2
e) The frequency of monitoring to be undertaken Section 5.2
f) The location of monitoring Section 5.2
g) The reporting of monitoring results Section 5.3
h) Procedures to identify and implement additional mitigation
measures where results of monitoring are unsatisfactory
Section 5.5
i) Any consultation to be undertaken in relation to the monitoring
programs
Section 3
Appendix A
C12 The Construction Monitoring Programs must include, to the written
satisfaction of the Secretary, information requested by an agency to
be included in a Construction Monitoring Program including copies
of all correspondence from those agencies.
Section 3
Appendix A
1.3 Project Description
The Project comprises the extension of the existing Eden Breakwater Wharf and dredging of the
approach channel and berth pocket with offshore disposal, to accommodate the berthing of cruise
ships of up to 325m in length.
Key features of the Project include:
Extension of the existing wharf by approximately 95m;
Installation of three mooring dolphins and two berthing dolphins;
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 13 of 41
Installation of new landside bollards to restrain the ship’s bow;
Dredging of approximately 231,500m3 of in-situ material (including over-dredging
allowance);
Transport and placement of the dredge material at an offshore disposal site;
Installation of minor services (lighting, power, potable water and emergency water);
and
Installation of navigational aids.
The Eden Breakwater Wharf is located in Snug Cove, Eden, New South Wales and the proposed
offshore disposal site is approximately 6 nautical miles offshore from Twofold Bay.
Construction of the Project will be delivered in two stages under two separate contracts by a
Dredging Contractor and Marine Structures Contractor (as described in the Staging Report,
Revision 0, 24 July 2017). This Aquatic Ecology CEMP Sub-plan applies to both Stages.
Specific activities potentially affecting Aquatic Ecology include:
Dredging and disposal activities (managed by this Sub-plan and the Sea Dumping
Permit); and
Piling activities (managed by this Sub-plan and the EPBC Referral Conditions).
The dredging works will be undertaken by the Dredging Contractor utilising the selected BHD
‘Machiavelli’. The BHD will excavate the material and place it into the accompanying two split
hopper barges that towed by tugs will transport the material to and dispose of it by bottom
dumping at the offshore disposal site on a continual basis. It is expected that between five to eight
barge loads will be transported to the offshore disposal site per 24 hour period during the
dredging program. Dredging is programmed to start in the closest area to sensitive receivers and
once the dredging of the rock like material is completed, the BHD will have the freedom to be able
to move around the dredge area.
Piling to construct the new wharf deck will constitute steel piles, which will be driven to a design
toe level (level into the seabed) by a piling hammer lifted by a crane mounted either on a barge or
from the existing wharf. Prefabricated headstocks will then be installed by crane onto the piles.
Rock anchors may be installed in some piles, depending on pile refusal level. Three to four piles will
support each of the headstocks (or bents). Prefabricated concrete deck panels will then be lifted
into place, spanning across two adjacent headstocks (or bents). Once all deck panels have been
installed, gaps will be filled with a gap filler product, before an in-situ concrete topping slab is
installed and minor services are fitted to the deck.
Three mooring dolphins and two berthing dolphins will also be installed along the fender line
(berthing face). Each dolphin will consist of 6 steel tubular piles driven into the seabed by a piling
hammer suspended from a crane mounted on a barge. Once the piles are established, the pre-
fabricated dolphin modules will be installed with bollards on each of the decks, access platform,
safety ladders and hand railings fitted. Panel fenders will be installed on the berthing dolphins.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 14 of 41
The key reference documents for a detailed description of the existing aquatic ecology
environment are Section 9.3 of the EIS (Advisian 2016a) and Appendix M of the EIS - Aquatic
Ecology Assessment (Advisian 2016b).
Further detail relating to the construction activities for the Project is contained within the CEMP
(Advisian Revision 3, August 2017) prepared under Conditions C1 and C2 of the Infrastructure
Approval.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 15 of 41
2 Approval Requirements
This section identifies the conditions of the Project’s approvals, permits and licences relevant to
aquatic ecology.
2.1 Infrastructure Approval
Conditions of the Infrastructure Approval relating to aquatic ecology are as described in Section
1.1.
2.2 EPBC Referral Decision
The Project was deemed not a controlled action if undertaken in a particular manner by the
Delegate of the Minister for the Department of Environment and Energy (DoEE) in their Decision
Letter (EPBC Reference 2016/7828) on 13 April 2017. The manner in which the action must be
taken is outlined in Table 4-1. These conditions form key management and monitoring approaches
and procedures during construction.
2.3 Sea Dumping Permit
A Sea Dumping Permit was initially granted under the Environment Protection (Sea Dumping) Act
1981 on 18 February 2016. Following changes in the dredge volume, a Sea Dumping Permit
Variation was issued on 27 April 2017 by the Delegate of the Minister for the DoEE, to permit the
dumping of 231,500m³ (in situ) of dredged material by the Project. The Sea Dumping Permit
Variation is subject to conditions relating to marine ecology as contained in Table 4-1.
2.4 Harbour Master Approval
Harbour Master Approval was gained under the Ports and Maritime Administration Regulation,
2012 on 14 June 2017. The approval is subject to conditions relating to marine ecology as
contained in Table 4-1.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 16 of 41
3 Agency Consultation
DPI and OEH were consulted during the preparation of the EIS, CEMP and RTS for the Project and
provided comments during DP&E’s assessment of the Project.
The Infrastructure Approval Part C - Construction Environmental Management, requires
preparation of a CEMP and a number of CEMP Sub-plans and Construction Monitoring Programs
to be prepared in consultation with relevant government agencies.
As required by Conditions C4 and C12, consultation was undertaken by the Principal with NSW
DPI and OEH. Their requests and the Principal’s response are outlined in Table 3-1.
Table 3-1 Aquatic Ecology Sub-plan Agency requests and Principal’s response
Agency Request Response
NSW DPI
(Fisheries)
Clarification of ‘BMP’ in Acronym
table.
BMP refers to Bateman’s Marine Park as
per Section 5.1.1.
Definition of ‘Key Threatening
Process’ to be changed from
“Key threatening process as
defined under the NSW Fisheries
Management Act 1994” to “Key
threatening process as specified
in the NSW Fisheries
Management Act 1994”.
Change made as requested.
Request that DPI-Fisheries be
immediately notified of any
“observations or reports of dead
or distressed fish”.
Reporting requirements changed in Table
4-1 as requested.
NSW DPI
(Aquaculture)
No request for further
information to be included.
No response required.
NSW DPI (Food
Authority)
Minor text edit; from “poison” to
“contaminate” in Section 5.1.2,
under Mussel Aquaculture.
Change made as requested.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 17 of 41
NSW DPI (Food
Authority)
Recommendation for:
‘additional monitoring for at
least one sample site (Cattle Bay)
on alternate weeks to the mussel
farm’s monitoring program,
which could assist in providing
an early warning tool for the
farm, and possibly provide
baseline data to demonstrate
whether a bloom had been
triggered by the project or had
coincidentally been transported
into the bay.’
As described in the RTS, an assessment
of available information regarding the
incidence of algal blooms along the NSW
coastline has confirmed that Alexandrium
has been present in NSW waters since
1945. Pollard and Rankin (2003) also
confirmed the presence of Alexandrium
sp. in plankton tows from Twofold Bay as
well as cysts in sediments sampled from
a number of sites within Twofold Bay.
The trigger to germinate is believed to
be caused by a number of environmental
factors, but cannot be predicted with
confidence. A desktop review undertaken
by Jacobs (2017) (Appendix E to the RTS)
also confirmed that there have been no
studies that have demonstrated a link
between dredging and the occurrence of
algal blooms which also concluded that
dredging constituted a low risk.
Subsequently, the Principal does not
consider that additional monitoring is
required by the Project.
Consultation between the Principal, Food
Authority and Eden Mussel Farms will
throughout the Project.
NSW OEH No request for further
information to be included.
No response required.
Copies of all written correspondence are contained in Appendix A.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 18 of 41
4 Management Controls
An Environmental Risk Analysis was undertaken during the preparation of the EIS to identify
potential environmental impacts associated with the construction (and operation) of the Project.
The Environmental Risk Analysis also considered the proposed mitigation and management
measures for the Project and residual risks following their implementation. Aquatic ecology was
one of the four key environmental risks identified in the Environmental Risk Analysis (Advisian
2016a).
As part of the Contractor(s) requirements (as described in Section 5.1 of the CEMP), an
Environmental Risk Analysis will be further developed in relation to its contract scope of works to
form the Project Risk Assessment, prior to construction. The CEMP contains this Project Risk
Assessment and identifies key environmental risks applicable to their works during the
construction phase of the Project and management controls to ensure that any risks shall be
managed to ALARP.
All Contractor(s) will implement reasonable and practicable measures to avoid or minimise impacts
to the environment that may arise from the Project. All Contractor(s) will ensure that work is
performed in a way that minimises impacts on the natural environment and complies with the
CEMP and related procedures, relevant legislation, regulations and rules, licences, approvals and
Project commitments made by the Principal.
Specific control measures required to manage the environmental impacts during the construction
works are described in the CEMP and must be complied with by all Contractor(s), as relevant to
their scope of work. Table 4-1 contains the relevant management controls from the CEMP relating
to aquatic ecology as well as conditions of the other relevant approvals, permits and licences as
described in Section 2.
Table 4-1 Aquatic Ecology Management Controls
Source Description
EPBC Referral
Decision
Piling Operation Procedures:
a. Pre-start Observation: Marine mammal observers must visually
monitor the observation zone for whales for a minimum of 30
minutes before the commencement of piling.
b. Soft-Start Procedure: If after the 30 minute pre-start observation no
whales have been spotted within the observation zone or shut-down
zone a soft start procedure may commence with a gradual increase in
piling impact energy of no more than 50% of full impact energy for
10 minutes. The soft start procedure must be implemented after
breaks in piling of 30 minutes or more.
c. Stand by procedure: when whales are spotted within the observation
zone during the soft start procedure the operator of the piling
equipment must be placed on standby to shut-down the piling rig
and a Marine Mammal Observer should continuously monitor the
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 19 of 41
Source Description
whales in sight at all times.
d. Normal Piling Procedure: if no whales have been sighted during the
soft-start procedure full impact piling may commence.
Re-strike testing:
a. Before the commencement of re-strike testing, marine mammal
observers must visually monitor the observation zone for whales for a
minimum of 30 minutes. Re-strike testing may only commence if no
whales are sighted in the observation zone or shut-down zone
during this time.
b. A maximum of 20 full impact strikes are to be applied to each test
pile.
Shut-Down requirements:
a. If visibility is poor and marine mammal observers are unable to
clearly identify objects to the full observation zone distance, a vessel
or aircraft search must be conducted or the piling and re-strike
testing postponed until visibility has improved.
b. Piling and re-strike testing is not permitted between 6.00pm and
7.00am.
c. If any whales are spotted within the shut-down zone, piling and re-
strike testing must cease immediately or as soon as safe to do so
until the whales move outside of the shut-down zone.
d. All piling and re-strike testing must cease for a minimum of 1 hour
after the last sighting of whales within the shut-down zone. Piling
and re-strike testing must recommence at the pre-start observation
after the 1 hour shut-down has elapsed.
Vessel speed limits:
a. All vessels associated with dredging and construction must travel at a
speed of 10 knots or less within the port limits, en-route to, or at the
disposal ground.
b. All cruise ships arriving at and departing from the Eden Breakwater
Wharf must be aware of the potential presence of whales and
maintain a suitable speed within the Port of Eden limits to avoid
collisions with whales.
Sea Dumping
Permit Variation
DISRD (Department of Industry, Skills and Regional Development) must
develop and submit for the Minister’s approval a Monitoring and
Management Plan for managing the impacts on the environment from
dumping activities. Dumping activities must not commence until the
Monitoring and Management Plan is approved.
For 20 minutes prior to the commencement of the dumping activities,
DISRD must ensure that a check is undertaken, using binoculars from a
high observation platform, for marine species within the monitoring
zone.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 20 of 41
Source Description
If any marine species are sighted in the monitoring zone, dumping
activities must not commence in the monitoring zone until 20 minutes
after the last marine species is observed in the monitoring zone, or the
vessel is to move to another area of the disposal site to maintain a
minimum distance of 300 metres between the vessel and any marine
species.
If, at any time during the course of the dumping activities, an
environmental incident occurs or environmental risk is identified, all
reasonable measures must be taken immediately by DISRD to minimise
or mitigate the risk or the impact. DISRD must provide a report on the
environmental incident or risk to the Department within 24 hours, with
details of the incident or risk, the measures taken, the success of those
measures in addressing the incident or risk and any additional measures
proposed to be taken.
DISRD must document any incidents involving the dumping activities
that result in injury or death to any marine species. The date, time and
nature of each incident and the species involved, if known, must be
recorded, and the incident is to be reported within 24 hours.
Harbour Master
Approval
Prevention of Marine Pests:
a) The Proponent (Department of Industry – Lands and Forestry) shall
take all precautionary measures to prevent the spread of harmful
aquatic organisms.
b) Domestic biofouling will be managed through Best Practice Industry
Guidelines. This will require any vessels, dredges, barges, or other
floating equipment associated with the proposal (the Eden
Breakwater Extension Project) to be free of biofouling prior to entry
in the Port. The Proponent shall ensure all domestic vessels, dredges,
barges or other floating equipment associated with the proposal are
compliant with Industry Guidelines.
CEMP:
Marine Habitats
and Flora
To minimise damage to sensitive marine habitats (seagrass and subtidal
rocky reef) in the immediate construction area, Snug Cove and Cattle
Bay, all construction vessels must avoid anchoring over areas of sensitive
habitat including mapped seagrass beds and areas of subtidal rocky
reef. Vessels must only anchor (except in the case of emergencies) in
areas marked as a dedicated mooring zone for construction vessels.
To minimise unnecessary damage to marine habitats Contractor(s) must
limit any unnecessary / temporary construction (i.e. through selection of
the most appropriate construction methods) and limit any anchoring
which is required by vessels. Any temporary barge / platform structures
along the breakwater must be positioned so as to minimise physical
disturbance of macroalgae.
All construction works must be undertaken by suitably qualified and
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 21 of 41
Source Description
experienced Contractor(s) to reduce the risk of error and accidental
environmental damage.
To reduce the potential impacts of water and sediment quality on
marine habitats during construction, all mitigation measures outlined in
the Water Quality CEMP Sub-plan must be adopted.
To enhance the potential for Contractor(s) to be able to assist in the
protection of marine habitats (especially seagrass, macroalgae and rocky
reef areas) in the study area, all personnel, in particular Vessel Masters,
must be made aware of the areas of sensitive habitat within the study
area and of the potential impacts that construction works may have on
these areas.
A turbidity curtain with a minimum drop of 4m must be used locally
around the perimeter of pile drilling works to limit the spread of plumes
generated by drilling activities. Drilling spoil and cuttings must be
deposited at seabed level within the footprint of the new wharf and
contained within the turbidity curtain.
Monitoring of water quality (particularly turbidity) during dredging will
be undertaken and dredging operations ceased if levels of suspended
sediment become higher than trigger values developed.
CEMP:
Marine Fauna
To minimise damage to marine habitats in the study area which may be
utilised by marine fauna, all measures listed under ‘Marine Habitats and
Flora’ above to protect marine habitats must be adopted.
To reduce the potential impacts of marine debris on marine fauna, waste
associated with construction must be managed as per waste controls of
the CEMP. In addition, all ships at sea must adhere with the
amendments to the International Maritime Organisation’s (IMO’s)
International Convention for the Prevention of Pollution from Ships
(Marine Pollution: MARPOL) Annex V which came into force on 1 January
2013. The amendments prohibit the discharge of all garbage from ships
into the sea (except under very specific circumstances). This reverses the
presumption that garbage may be discharged into the sea based on
defined distances from shore and the nature of the garbage. The
amendments also list requirements for garbage management plans on
ships and port reception facilities for receiving waste. MARPOL is
implemented in Australia through the Protection of the Sea (Prevention
of Pollution from Ships) Act 1983.
To reduce the potential for lighting related impacts on marine fauna the
following measures will be adopted:
o Limit the need for construction activities, other than dredging, to be
undertaken during the evening and night time to reduce the overall
need for construction related artificial lighting (on vessels and on the
land portion of the site) and associated impacts.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 22 of 41
Source Description
o The use of sensor lighting or dimmers on the wharf to reduce
brightness during times of night when the facility is less likely to be
in use.
If possible, the risk of overnight cable strike can be minimised by placing
floating plant on a swing mooring, where space permits and it is
deemed safe to do so by the vessel Master, rather than leaving plant in a
fixed mooring configuration as the reliance on a single swing mooring
line will minimise cable oscillation.
The risk of vessel strike during construction may be reduced through the
adoption of:
o All vessels associated with dredging and construction must travel at a
speed of 10 knots or less within the port limits, en-route to, or at the
disposal ground.
o Vessels must maintain a 300m exclusion zone with all whales en-
route to and from the disposal ground and within the disposal
ground.
o Education of all personnel.
o Active management such as daily information exchange on known
marine mammal activity (e.g. via local residents, commercial fishers,
mussel farmers, NPWS whale watch and Cat Balou Cruises).
o Awareness of the presence of marine fauna in the local waterway by
vessel operators so that they can adopt appropriate speeds and
clearance when cetaceans are nearby.
If within 300 m of a whale or dolphin, a vessel must:
o Operate at a constant speed of less than 6 knots and minimise noise
avoid sudden changes in direction
o Post a lookout for cetaceans if the whale of dolphin shows any signs
of being disturbed, manoeuvre to a distance of at least 300 m at a
constant speed of less than 6 knots (where safe to do so)
o If a calf appears, manoeuvre to a distance of at least 300 m from the
calf at a constant speed of less than 6 knots (where safe to do so) if
the vessel drifts or approaches.
A log of cetacean sightings and action taken to be kept for all work
areas.
Methods on how to deter seals and sea lions from damaging property
have been published by the National Oceanic and Atmospheric
Administration (NOAA 2015). These methods include:
o Barriers and exclusion devices (e.g. fencing, posts, bull rails, electric
fencing, netting, swim step protectors).
o Visual repellents (e.g. flags, flashing lights / strobes, balloons, human
attendants).
o Noise makers (e.g. horns, whistles or bells, electronic acoustic
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 23 of 41
Source Description
devices, clapping, banging).
o Physical contact (e.g. water hoses, poles, sprinklers or sprayers).
The potential impacts and possible deterrents to stop Fur Seals from
utilising the end of the breakwater during construction were discussed
by Advisian with experts in the field of marine mammals from the
Merimbula NPWS (Craig Dickman), DPI-Fisheries, Eden (Matthew
Proctor), Macquarie University (Rob Harcourt) and ORRCA (Organisation
for the Rescue and Research of Cetaceans in Australia). All experts
advised that seals will move away from the area during construction and
remain at distance from any activities occurring at the end of the
breakwater whilst construction is occurring. Any attempt to deter seals
using barriers, visual and noise deterrents and physical are more likely to
cause impacts to the seals more than the development itself. Based on
this advice no removal or deterrence of fur seals from the breakwater or
construction area will be undertaken as a mitigation measure.
All injured marine mammals should be immediately reported to the
ORRCA 24 hour hotline on 02 9415 3333 or NPWS on 1300 361 967. The
ORRCA telephone hotline is staffed by volunteers and keeps ORRCA
members, Government Authorities and interested members of the public
informed of marine mammal emergencies, incidents and sightings.
ORRCA representatives will quickly mobilise to site and attempt to
capture and treat the stricken animal. Depending upon the location of
the animal and the circumstances that surround the injury, construction
activities may need to cease or be altered to enable the rescue of the
animal.
CEMP:
Invasive Marine
Species
The four goals of the NSW Invasive Species Plan 2008 – 2015 (NSW DPI
2008) must be adopted for construction:
1. Exclude – i.e. prevent the establishment of new invasive species.
The challenge is to identify species, thoroughly assess potential
invasiveness and implement effective barriers to prevent their
establishment.
2. Eradicate or Contain – i.e. eliminate or prevent the spread of new
invasive species. The challenge is to develop and deploy effective
and efficient ways to eradicate or contain an introduced species
before it becomes widespread.
3. Effectively Manage – i.e. reduce the impacts of widespread invasive
species. The challenge is to manage or control of species to
reduce their impact where benefits are greatest.
4. Capacity – i.e. ensure NSW has the ability and commitment to
manage invasive species. The challenge is for NSW to have the
knowledge, skills, resources and systems to address the impacts
of invasive species.
All Contractor(s) must undertake a Vessel Risk Assessment (VRA) for
each vessel prior to mobilisation of the vessel to Site. The VRA may be
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 24 of 41
Source Description
undertaken by the vessel owner/operator. All vessels, floating plant and
dredge equipment mobilised to Site from any place inside or outside of
Australia shall be subject to a VRA. The VRA will determine if an Invasive
Marine Species inspection (IMS) is required. The Contractor(s) must
provide the completed VRA to the Principal at least four weeks prior to
the vessel leaving the departure port.
The Contractor(s) must undertake an Invasive Marine Species (IMS)
inspection of all vessels assessed in the VRA as uncertain or high risk for
introduction of invasive marine species. Any construction vessels
mobilised from outside of Australia shall be considered high risk and an
IMS inspection must be carried out.
The IMS inspection must be undertaken by an appropriately qualified
practitioner with experience in biosecurity of marine vessels. The
Contractor(s) is responsible for arranging the IMS inspection and
attendance of DPI-Fisheries.
The Contractor(s) must provide the completed IMS report to the
Principal at least seven days prior to the vessel leaving the departure
port.
Where IMS inspections identify significant amounts of sediment and/or
the presence of an invasive marine species (as deemed by the IMS
inspector) the vessel must be dry docked and cleaned prior to entering
the Site. The Contractor(s) must then resubmit the VRA and if the vessel
is classified as low risk it shall be permitted to sail to Site and begin
operations.
Construction vessel antifouling must be maintained to avoid the
attachment and potential translocation of invasive species into and out
of Twofold Bay.
Spillage of dredged sediments during transit to the disposal location
must be avoided so as not to increase the distribution of invasive
species which may occur within the Snug Cove area but not yet in other
areas of Twofold Bay. This should be done via proper containment of
marine sediments on the barges.
Ballast water management:
o Ballast water exchange by domestic vessels must be avoided.
o Domestic vessels must manage ballast water in accordance with the
Australian Ballast Water Management Requirements (Department of
Agriculture and Water Resources 2016).
o Any ballast water exchange from international vessels must be
undertaken in accordance with the International Convention for the
Control and Management of Ships' Ballast Water and Sediments
(BWM) (IMO 2016) – i.e. “whenever possible, conduct ballast water
exchange at least 200 nautical miles from the nearest land and in
water at least 200 m in depth, taking into account Guidelines
developed by IMO” and “in cases where the ship is unable to conduct
ballast water exchange as above, this should be as far from the
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 25 of 41
Source Description
nearest land as possible, and in all cases at least 50 nautical miles
from the nearest land and in water at least 200 m in depth”.
For all commercial vessels and/or barges, dredge or other equipment
coming from overseas the Australian Government Department of
Agriculture and Water Resources processes for pre-arrival, arrival and
inspection and post-arrival must be followed. These can be found at:
http://www.agriculture.gov.au/biosecurity/avm/vessels/commercial-
vessels/barges-and-towed-vessels
http://www.agriculture.gov.au/biosecurity/avm/vessels/commercial-
vessels/process_for_commercial_vessels
Monitoring and inspection / surveillance of the dredge vessel and
barges should be undertaken in accordance with the Biosecurity Act
2015.
CEMP:
Mussel
Aquaculture
Temporary relocation of the nearby mussel aquaculture facility from
their current Cattle Bay lease area to existing lease AL06/001 at
Boydtown for the duration of construction will help to ensure that
construction related impacts on mussel aquaculture are avoided.
To reduce the potential impacts of water and sediment quality on the
mussel aquaculture lease area located near the study area during
construction all mitigation measures outlined in the Water Quality CEMP
Sub-plan must be adopted.
DPI-Fisheries (1800 043 536) must be immediately notified of any
observations or reports of dead or distressed fish within the Site. In such
cases, all works other than emergency response procedures are to cease
until the issue is rectified and written approval to proceed is provided by
DPI-Fisheries.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 26 of 41
5 Marine Ecology Monitoring
This section forms the Marine Ecology Construction Monitoring Program required by Condition
C10 and in accordance with C17 of the Infrastructure Approval.
The Monitoring Program has been prepared in consultation with DPI and OEH. The details of the
consultation undertaken are set out in Section 3 with copies of written correspondence between
the Principal and the agencies provided in Appendix A.
5.1 Baseline Data
No freshwater aquatic ecosystems are located within the Project area. The nearest coastal wetland
is Lake Curalo, located >2 kilometres north of the study area. Subsequently, only marine ecology is
described herein.
No further baseline data is proposed to be collected for the project.
5.1.1 Marine Habitats
Snug Cove is located within Twofold Bay which falls within the Twofold Shelf Marine Bioregion. The
Bioregion extends from Wallagoot Lake, NSW, to east of Wilsons Promontory in Victoria and south
into Tasmanian waters. No marine protected areas set aside for conservation under the NP&W Act
1974 and managed by the National Parks and Wildlife Service (NPWS) occur within Twofold Bay or
in the immediate study area. The closest marine protected area to the site is the Batemans Marine
Park (BMP), the southern extent of which ends at Wallaga Lake, just north of Bermagui (i.e. 90km
north of Twofold Bay).
Twofold Bay contains a wide variety of natural marine habitats including intertidal rocky shores,
sandy beaches, intertidal and subtidal reefs, deep-water areas, sand flats and coastal wetlands
which provide important habitat for marine life, cetaceans and threatened and migratory birds
(Breen et al. 2005). Under the DPI-Fisheries NSW Policy and Guidelines for Fish Habitat
Conservation and Management (NSW DPI 2013) (Table 2 of the Policy), the waterway of Twofold
Bay would be considered as a CLASS 1 – Major Key Fish Habitat, i.e. “a marine or estuarine
waterway or permanently flowing or flooded freshwater waterway (e.g. river or major creek), habitat
of a threatened or protected species or ‘critical habitat”.
A large area of Zostera sp. seagrass is located within Cattle Bay, to the approximate north-west of
the existing Breakwater Wharf, with a smaller area of Zostera sp. occurring within Snug Cove, to the
immediate north of the site. No other species of seagrass, mangroves or saltmarsh are mapped by
NSW DPI in the vicinity of the study area.
In 2014, Marine Solutions undertook bathymetric surveys and benthic habitat mapping within
Cattle Bay for the recently approved Cattle Bay Marina. Cattle Bay is in close vicinity to the Project
area, especially the dredge footprint. Towed video transects coupled with diver based
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 27 of 41
investigations were completed. Four main benthic habitat classes were identified within Cattle Bay,
and their approximate distribution mapped. These were:
a) High profile rocky reef dominated by brown macroalgae.
b) Cobble, shell and broken stone.
c) Seagrass: three species detected - Heterozostera sp, Posidonia sp. and Halophila sp.
d) Unconsolidated sand and silt.
Rocky reef was the dominant habitat present in shallow waters of Cattle Bay adjacent to the rocky
foreshore. Cobbles and shell were found at the outer edge of the rocky reef, and only represented
a small band of habitat. Further offshore, either sand or seagrass, or a mosaic of both, were
present.
In 2015 Australasian Marine Associates (AMA) undertook field surveys within Snug Cove and Cattle
Bay to identify and delineate the distribution of marine habitats within the study area. In early
2015, diver based field surveys of the rocky intertidal and subtidal areas immediately adjacent to
the foreshore and existing marine infrastructure were conducted to describe the communities
present in intertidal and subtidal areas and on artificial structures (AMA 2015).
A small embayment south of the Breakwater Wharf contained an intertidal rocky foreshore with
small rock pools. The marine macroalgae Neptune’s necklace (Hormosira spp.) dominates the
intertidal zone here.
On the northern side of Snug Cove a rocky intertidal foreshore occurs. Subtidally, the rocky
seafloor in this area is inhabited by the large brown macroalgae species, Sargassum spp..
The closest sandy beach to the site is located within Cattle Bay, approximately 800 m from the
Breakwater Wharf. Offshore from this beach one of the largest mapped seagrass areas in the
vicinity of the proposed development, and within Twofold Bay, occurs.
Towed video surveys undertaken by AMA in June 2015 showed that large beds of macroalgae (kelp
- Ecklonia spp.) occur along the northern extent of the Breakwater Wharf and along the seawall,
extending from the Police Jetty, east into the cove between the Breakwater Wharf and
Multipurpose Jetty. A small patch of Posidonia spp. seagrass was recorded adjacent to the Twofold
Bay Bait Jetty and a small Heterozostera spp. seagrass meadow occurs offshore of the Cattle Bay
Jetty. The mapping of seagrass undertaken by AMA (2015) was generally in agreement with
previous mapping undertaken by Marine Solutions (2014), however, the area of seagrass detected
by AMA (2015) was smaller. This was noted by AMA to perhaps be due to natural senescence
during winter (however, both surveys were undertaken in the winter months). No seagrass was
recorded within the actual dredge footprint.
Benthic habitat within the dredge footprint consisted of bare sand with occasional epifauna (e.g.
sea pens). Temperate rocky reef and low profile reef were found on the northern shore of Snug
Cove, as well as an extensive area extending off Cocora Point to the west of Cattle Bay.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 28 of 41
The closest seagrass beds mapped by AMA (2015) occur approximately 50 m to the north-east of
the proposed dredge area (i.e. the small Posidonia spp. bed near the Twofold Bay Jetty). The larger
Heterozostera spp. bed mapped in Cattle Bay by NSW DPI, Marine Solutions and AMA, is located
approximately 200 m to the north-west (near the Former Heinz Cannery jetty). Areas of subtidal
rocky reef located off Cocora Point and on the northern side of Snug Cove are located within 100
m of the proposed dredge footprint (Marine GeoSolutions 2016).
Figure 5-1 Habitat mapping and dredge plan (Source: Marine GeoSolutions 2016)
Artificial structures at the site provide habitat for marine flora and fauna. These include the rocky
areas and sheet pile walls of the existing Breakwater Wharf along with wooden piles of the
Multipurpose Jetty and Mooring Jetty. Diver surveys undertaken by AMA (early 2015) found that
subtidal areas of the artificial rocky reef created by the Breakwater Wharf Wall were dominated by
the large brown macroalgae Ecklonia spp. This species was also found at the base of the sheet pile
walls that make up approximately 40% of the Breakwater Wharf Wall. Marine flora on the wooden
wharf piles included a wide range of micro and macroalgae species including encrusting coralline
algae.
The various marine habitats present within Twofold Bay are likely to provide areas for shelter,
feeding and breeding for a wide range of mobile marine fauna.
Considering the specific attributes of the marine habitats in the study area, and in accordance with
Table 1 of the DPI-Fisheries NSW Policy and Guidelines for Fish Habitat Conservation and
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 29 of 41
Management (NSW DPI 2013), much of Snug Cove and Cattle Bay outside the immediate dredge
footprint would be considered as a TYPE 1 – Highly Sensitive Key Fish Habitat, as it contains
seagrass beds >5m² in area. The area within the immediate dredge footprint would be classed as
TYPE 2 – Moderately Sensitive Key Fish Habitat, as it contains marine macroalgae (NSW DPI
2013).The disposal site would be considered as TYPE 3 – Minimally Sensitive Key Fish Habitat as it
consists of unvegetated sandy substrate (NSW DPI 2013).
5.1.2 Marine Species
Table 5-1 shows the results of database searches completed by AMA in 2015 and contains a list of
all TSC Act and EPBC Act threatened and protected marine species that have the potential to occur
in the Twofold Bay area.
Table 5-1 Threatened and protected marine species listed under the TSC Act 1995 and EPBC Act 1999
with the potential to occur in the study area
Common
Name
Species
Name
TSC Act
1995
EPBC Act
1999
Likelihood of
Occurrence *
Black Cod Epinephelus
daemelii - V
Species or species habitat
may occur within area
Little Penguin Eudyptula minor P - -
Loggerhead
Turtle Caretta caretta - E, M, L
Breeding likely to occur
within area
Green Turtle Chelonia mydas - V, M, L
Foraging, feeding or related
behaviour known to occur
within area
Leatherback
Turtle
Dermochelys
coriacea - E, M, L
Species or species habitat
known to occur within area
Hawksbill
Turtle
Eretmochelys
imbricata - V, M, L
Species or species habitat
known to occur within area
Grey Nurse
Shark (east
coast pop’n)
Carcharias taurus - CE Species or species habitat
likely to occur within area
Great White
Shark
Carcharodon
carcharias - V, M
Species or species habitat
known to occur within area
Whale Shark Rhincodon typus - V, M Species or species habitat
may occur within area
Porbeagle Lamna nasus - M Species or species habitat
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 30 of 41
Common
Name
Species
Name
TSC Act
1995
EPBC Act
1999
Likelihood of
Occurrence *
likely to occur within area
Blue Whale Balaenoptera
musculus E1, P E, M, W
Species or species habitat
likely to occur within area
Southern
Right Whale
Eubalaena
australis E1, P E, M, W
Breeding likely to occur
within area
Humpback
Whale
Megaptera
novaeangliae V, P V, M, W
Congregation or
aggregation known to occur
within area
Pygmy Sperm
Whale Kogia breviceps P - -
Killer Whale Orcinus orca P M Species or species habitat
may occur within area
Brydes Whale Balaenoptera
edeni - M, W
Species or species habitat
may occur within area
Pygmy Right
Whale
Caperea
marginata - M, W
Species or species habitat
may occur within area
Minke Whale Balaenoptera
acutorostrata - W
Species or species habitat
may occur within area
Indian Ocean
Bottlenose
Dolphin
Tursiops aduncus - W Species or species habitat
likely to occur within area
Bottlenose
Dolphin
Tursiops
truncatus s. str. - W
Species or species habitat
may occur within area
Common
Dolphin Delphinus delphis P W
Species or species habitat
may occur within area
Dusky Dolphin Lagenorhynchus
obscurus - M, W
Species or species habitat
may occur within area
Risso's
Dolphin Grampus griseus - W
Species or species habitat
may occur within area
Dugong Dugong dugon E1, P - -
New Zealand Arctocephalus V, P L Species or species habitat
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 31 of 41
Common
Name
Species
Name
TSC Act
1995
EPBC Act
1999
Likelihood of
Occurrence *
Fur Seal forsteri may occur within area
Australian Fur
Seal
Arctocephalus
pusillus V, P L
Species or species habitat
may occur within area
Syngnathids Syngnathidae - L Species or species habitat
may occur within area
Threatened and protected species and Key Threatening Processes (KTPs) listed under Schedules 4
to 6 of the FM Act relevant to the Project were assessed in the EIS. Marine species, populations and
ecological communities currently listed as endangered, critically endangered and/or vulnerable
under the FM Act which are thought to have the potential to occur in the Twofold Bay area are
listed below. In addition, KTPs under the FM Act which are relevant to the Project are also listed.
Schedule 4: Endangered Species, Populations and Ecological Communities
Scalloped hammerhead shark (Sphyrna lewini) - endangered species.
Southern bluefin tuna (Thunnus maccoyii) - endangered species.
Marine worm (Hadrachaeta aspeta) - species presumed extinct.
Green sawfish (Pristis zijsron) - species presumed extinct.
Bennetts seaweed (Vanvoorstia bennettiana) - species presumed extinct.
Schedule 4A: Critically Endangered Species and Ecological Communities
Grey nurse shark (Carcharius taurus) - critically endangered species.
Marine slug (Smeagol hilaris) - critically endangered species.
Marine brown algae (Nereia lophocladia) - critically endangered species.
Schedule 5: Vulnerable Species and Ecological Communities
Great white shark (Carcharodon carcharias) - vulnerable species.
Black cod (Epinephelus daemelii) - vulnerable species.
Great hammerhead shark (Sphyrna mokarran) - vulnerable species.
Schedule 6: Key Threatening Processes (KTPs)
The only KTP listed under the FM Act which may potentially be associated with the
Project is the “introduction of non-indigenous fish and marine vegetation to the coastal
waters of New South Wales”.
The assessment undertaken by AMA in 2015 identified that the nearby intertidal rocky foreshores,
particularly in the mid to upper intertidal zone, contained a variety of gastropods (sea snails),
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 32 of 41
including Nerita spp.. Blue mussel (Mytilus spp.) beds were present in the subtidal areas adjacent to
the beaches on the northern side of Snug Cove and in the intertidal areas of the western foreshore
of Cattle Bay. Intertidal and shallow subtidal areas, including in front of the Breakwater Wharf, also
contained beds of oysters (Saccostrea spp.) (AMA 2015).
A variety of sessile marine growth was also recorded on the sheet pile wall which constitutes
approximately 40% of the Breakwater Wharf wall. Oysters were generally found at the top of the
concrete pylons and were reported to outcompete the blue mussels (Mytilus spp.) which occurred
directly below them. The flat surfaces of the sheet pile walls were occupied by barnacles and
limpets, while ascidians and tube worms were found on the deeper horizontal surfaces. The
Multipurpose Jetty and Mooring Jetty located to the north of the breakwater wharf contained
wooden pylons which supported a wide range of filter feeding organisms such as oysters, mussels,
tubeworms and ascidians (AMA 2015).
Characterisation of benthic infauna assemblages at the offshore dredge disposal ground was
undertaken by AMA in 2015. The main findings were:
Forty-four taxa (families) were identified across the eight sites sampled. This included one
invasive species, the European fan worm, Sabella spallanzanii.
Although nMDS analysis showed little similarity among sites, there was consistency in the
dominant species found. Of the 44 families identified, five were found to dominate
assemblages. The families Spionidae, Orbiniidae, Gammaridea, Apseudida and Hydrozoa
accounted for 63% of overall biodiversity.
Invasive Marine Species
The following are the most notable invasive marine species which are found in NSW (and
specifically from Twofold Bay):
Caulerpa (Caulerpa taxifolia).
Dinoflagellate (Alexandrium catenella).
European fan worm (Sabella spallanzanii).
European green crab (Carcinus maenas).
New Zealand screwshell (Maoricolpus roseus).
Pacific oyster (Crassostrea gigas).
Yellowfin goby (Acanthogobius flavimanus).
Japanese goby (Tridentiger trigonocephalus).
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 33 of 41
Mussel Aquaculture
Commercial mussel farming of the blue mussel (Mytilus edulis) has been conducted in Twofold Bay
since the mid-1970s. The species is native to the area and prefers water temperatures between 5
and 20°C. In Twofold Bay (with average sea surface temperatures of ~ 19°C) the blue mussel has
achieved fast growth rates and appears to reach a larger size than anywhere else in Australia. The
blue mussel is farmed by Eden Sea Farms with an aquaculture area located nearby to the Project
area.
Regular water quality monitoring of temperature, salinity, faecal coliforms and phytoplankton is
undertaken for the mussel aquaculture facilities in Twofold Bay at a number of sites near the study
area. Several potentially toxic phytoplankton species were found during these surveys; four
Pseudo-nitzchia species/groups and two Alexandrium species. Very large concentrations, as found
in algal blooms of these particular species, have a potential to contaminate the mussels growing in
the aquaculture farms located in Twofold Bay.
5.2 Marine Species Monitoring
The Aquatic Ecology Assessment completed as part of the EIS (Appendix M of the EIS) identifies
the introduction of marine species (‘Introduction of non-indigenous fish and marine vegetation to
the coastal waters of New South Wales’), and the injury/fatality by marine debris (‘Entanglement in
or ingestion of anthropogenic debris in marine and estuarine environments’) as KTPs under the
NSW Fisheries Management Act 1994 and Threatened Species Conservation Act 1995 respectively.
Measures to ensure the management of these KTPs to ALARP were described in the Aquatic
Ecology Assessment and the EIS, and have been carried into the CEMP and this Aquatic Ecology
CEMP Sub-Plan. No monitoring in relation to the introduction of marine species or the
injury/fatality by marine debris is proposed, as the risks were minimised to an acceptable level with
the implementation of appropriate controls.
The Aquatic Ecology Assessment identifies the potential for direct and indirect impacts of
construction on TYPE 1 – Highly Sensitive Key Fish Habitat located outside of the dredge footprint
(i.e. within Cattle Bay and Snug Cove), on TYPE 2 – Moderately Sensitive Key Fish Habitat located
within the dredge footprint and also on TYPE 3 – Minimally Sensitive Key Fish Habitat present at
the dredge and disposal sites as classified by the Fisheries NSW Policy and Guidelines for Fish
Habitat Conservation and Management. Identified construction impacts (sedimentation, smothering
and reductions in light availability) are related to water quality during dredging, and subsequently
a Water Quality (Turbidity) Monitoring Program will be developed by the dredging contractor and
will be implemented throughout dredging works.
Monitoring of all whales, dolphins and marine turtles (as listed under the EPBC Act) as required by
the Sea Dumping Permit Variation (as described in Section 2.3) will be implemented to ensure
marine fauna are not impacted by dumping activities associated with dredging. For 20 minutes
prior to the commencement of dumping at the offshore disposal site, the dredging contractor will
undertake a check, using binoculars from a high observation platform for marine species (whales,
dolphins and marine turtles), within the monitoring zone (300m radius from the vessel). Where
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 34 of 41
marine species are sighted within the monitoring zone, dumping activities will not commence in
the monitoring zone until 20 minutes after the last marine species observed in the monitoring
zone. Alternatively, the vessel may move to another area of the disposal site to maintain a
minimum distance of 300 metres between the vessel and any marine species.
Furthermore, monitoring of whales (as listed under the EPBC Act) will also be undertaken by
Marine Mammal Observers in line with the EPBC Referral Decision (as described in Section 2.2) to
ensure piling operation procedures during construction do not impact whales. The procedures for
marine mammal observation are outlined in Table 5-2.
Table 5-2 Marine Mammal Observation Requirements for Piling and Re-strike Testing
Procedures as per the EPBC Referral Decision (Conditions 1 and 2)
Activity Description
Piling Operation Procedure
Pre-Start
Observation
Marine Mammal Observers must visually monitor the observation zone for
whales for a minimum of 30 minutes before the commencement of piling.
Soft-Start
Procedure
Soft-Start Procedure: If after the 30 minute pre-start observation no whales
have been spotted within the observation zone or shut-down zone a soft
start procedure may commence with a gradual increase in piling impact
energy of no more than 50% of full impact energy for 10 minutes. The soft
start procedure must be implemented after breaks in piling of 30 minutes or
more.
Stand by
Procedure
Stand by procedure: when whales are spotted within the observation zone
during the soft start procedure the operator of the piling equipment must be
placed on standby to shut-down the piling rig and a Marine Mammal
Observer should continuously monitor the whales in sight at all times.
Normal Piling
Procedure
If no whales have been sighted during the soft-start procedure full impact
piling may commence.
Re-strike Testing
Before the commencement of re-strike testing, marine mammal observers
must visually monitor the observation zone for whales for a minimum of 30
minutes. Re-strike testing may only commence if no whales are sighted in the
observation zone or shut-down zone during this time.
A maximum of 20 full impact strikes are to be applied to each test pile.
5.3 Piling and Re-Strike Testing Shut-down Requirements
The following Shut-down requirements are to be implemented for piling and re-strike testing as
per the EPBC Referral Decision (Condition 3):
a. If visibility is poor and marine mammal observers are unable to clearly identify objects to
the full observation zone distance, a vessel or aircraft search must be conducted or the
piling and re-strike testing postponed until visibility has improved.
b. Piling and re-strike testing is not permitted between 6.00pm and 7.00am.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 35 of 41
c. If any whales are spitted within the shut-down zone, piling and re-strike testing must
cease immediately or as soon as safe to do so until the whales move outside of the shut-
down zone.
d. All piling and re-strike testing must cease for a minimum of 1 hour after the last sighting
of whales within the shut-down zone. Piling and re-strike testing must recommence at the
pre-start observation after the 1 hour shut-down has elapsed.
5.4 Reporting of Monitoring Results
Reporting of water quality monitoring results will be as per the frequency described in the Water
Quality (Turbidity) Monitoring Program.
Observation of marine fauna reporting in the form of marine fauna sighting logs will be completed
by the construction contractor(s) and supplied to DP&E when requested. Any interactions with
marine fauna will be reported in the Weekly and Monthly environmental reports prepared by the
contractor(s).
5.5 Monitoring Improvement Procedure
It is not expected that monitoring will be unsatisfactory given that where marine species are
observed, Dumping Activities and Piling and Re-strike testing procedures must cease and are not
permitted to continue until such time as they are absent from the monitoring/observation zone.
However, in the event that a marine species is not detected prior to entering an observation,
monitoring or shutdown zone (as relevant to the species), a review of the monitoring procedure
and identification of reasonable additional or alternate environmental management measures will
be completed. Following the identification of an alternative management measure(s) that is
considered to improve the monitoring procedure, the relevant monitoring procedure will be
updated, and submitted to the ER for consideration and approval under Infrastructure Approval
Condition A16(j).
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 36 of 41
6 Reporting
Routine reporting must be undertaken in accordance with the CEMP, including:
Weekly Compliance Audits (by Contractor(s)) to demonstrate compliance with the
CEMP (and Sub-plans);
Weekly Reporting of aquatic ecology issues, incidents and near-misses and a summary
of interactions with marine mammals; and
An Environmental Management Monthly Report, including implementation of
environmental and incident management.
6.1 Construction Specific Records and Reporting
Construction specific record and reporting requirements are contained in Table 6-1.
Table 6-1 Aquatic Ecology Reporting and monitoring required during construction
Report Name Contents Recipient (and
Responsibility) Frequency / Schedule
Marine Fauna
Incident Report
Details of any incident
resulting in
injury/mortality of
marine fauna, including
time, location, species
involved and activities
being undertaken.
Principal (from
Contractor(s))
DP&E, EPA and
Eden Harbour
Master (from
Principal)
Immediate notification from
Contractor(s) ORRCA 24 hour
hotline or NPWS and to
Principal. Submit incident
report within 24 hours of
incident
Marine Fauna
Sighting Logs
Log of any marine
fauna sightings (i.e.
seals, dolphins, turtles,
whales, etc). Including
time, location, number,
species, activities being
undertaken and
individual’s behaviour
Principal (from
Contractor(s))
(and made
available to
D&PE on
request)
Daily
Pile Dive Record
Piling Operation
Procedures to be
documented on Pile
Dive Record including
start time, stop time of
marine mammal
Principal (from
Contractor(s)) Daily
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 37 of 41
Report Name Contents Recipient (and
Responsibility) Frequency / Schedule
observations and shut
down times.
Vessel Risk
Assessment
(VRA)
Statement from
inspector on vessel risk
Principal (from
Contractor(s))
(and made
available to
DP&E/DPI-
Fisheries on
request)
Prior to mobilising vessels,
floating plant and dredging
equipment to the Port of Eden
Invasive Marine
Species
Inspection (IMS)
Inspection of vessel
assessed in the VRA as
uncertain or high risk.
Statement from
inspector on vessel risk.
Principal (from
Contractor(s))
(and made
available to
DP&E/DPI-
Fisheries on
request)
Prior to mobilising vessels,
floating plant and dredging
equipment to the Port of Eden
Disposal Run
Sheets
The times, dates,
estimated discharge
volume, real time
vessel track records
and disposal locations,
and estimated volume
of dredge spoil and dry
weight (in tonnes)
disposed at the ground
for each dredge
disposal run.
Principal (from
Contractor(s))
DoEE (from
Principal)
Weekly during dredging
activities
(Input to) IMO
Annual Report
Sea Dumping Permit
start and expiry dates,
disposal quantities,
nature of material and
material disposal
methods
Principal (from
Contractor(s))
DoEE (from
Principal)
Totals for the previous year, by
January 31 of each year
dredging activities were
undertaken
Sea Dumping
Permit reporting
requirements
Sea Dumping Permit
reporting requirements
Principal (from
Contractor(s))
DoEE (from
As per conditions of Sea
Dumping Permit
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 38 of 41
Report Name Contents Recipient (and
Responsibility) Frequency / Schedule
Principal)
Complaint
Report/ Notice
Any complaints by th3
public will be reported
by the Principal and
when received by the
Contractor(s) are
reported to the
Principal. Remedial
management will be
implemented.
Principal (from
Contractor(s)) As required – within 24 hours
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 39 of 41
7 Review and Improvement
7.1 Continuous Improvement
Continuous improvement of this Aquatic Ecology CEMP Sub-plan will be achieved by the
Principal’s and Contractor(s) ongoing evaluation of environmental management performance
against environmental policies, objectives and targets for the purpose of identifying opportunities
for improvement.
The continuous improvement process will be designed to:
Identify areas of opportunity for improvement of environmental management and
performance;
Determine the cause(s) of non-conformances and deficiencies;
Develop and implement a plan of corrective and preventative action to address any
non-conformances and deficiencies;
Verify the effectiveness of the corrective and preventative actions; and
Document any changes in procedures resulting from process improvement.
7.2 Sub-plan Update and Amendment
The processes described in Section 1.6 of the CEMP may result in the need to update or revise this
Aquatic Ecology CEMP Sub-plan.
As required by Condition C8, any future amendments to this Aquatic Ecology CEMP Sub-plan are
to be submitted to the Secretary for approval, other than amendments that can be approved by
the Environment Representative (ER) under Infrastructure Approval Condition A16(j).
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 40 of 41
References
Advisian (2016a). Environmental Impact Statement. Prepared for the NSW Department of Industry
– Lands. 3 November 2016.
Advisian (2016b). Aquatic Ecology Assessment, 26 October 2016.
Australasian Marine Associates (AMA) (2015). Review of Environmental Factors. Eden Harbour –
Breakwater Wharf Extension. Prepared for NSW Trade and Investment (Crown Lands). 18 August
2015.
Breen, D., Avery R. and Otway, N. (2005). Biodiversity assessment of the Batemans and Twofold
Shelf Bioregions. Report to the NSW Marine Parks Authority and Environment Australia.
Elgin Associates (2017). Water Quality Monitoring Management Plan. Prepared for Heron
Construction Company Ltd. July 2017.
Jacobs (2017). Harmful Algal Bloom and Dredging Interaction Assessment.
NOAA (2015). Potential Deterrence Methods for Pacific Harbour Seals, California Sea Lions and
Eastern U.S. Stock Steller Sea Lions. Updated November 2015. Available online:
http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/deterring_qa.html
NSW Department of Primary Industries (2008). NSW Invasive Species Plan 2008-2015.
NSW Department of Primary Industries (2013). Policy and Guidelines for fish habitat conservation
and management.
Pollard, DA. and Rankin, BK. (2003). Port of Eden Introduced Marine Pest Species Survey. Final
Report to Coasts & Clean Seas Program. NSW Fisheries Final Report Series No. 46.
Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 41 of 41
Agency Correspondence Appendix A
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
Ref: DOC17/140792
14th July 2017
Mr Allan Lugg Senior Fisheries Manager Aquatic Ecosystems (South) NSW Department of Primary Industries PO Box 97 HUSKISSON, NSW 2540
Letter by E-mail
Dear Mr Lugg
RE: State Significant Infrastructure Approval (SSI 7734) for the Eden Breakwater Wharf Extension Project)
As discussed on the 7th July 2017, Infrastructure Approval (SSI7734) was granted by the Department of Planning and Environment (DP&E) on the 5th July 2017 for the Eden Breakwater Wharf Extension Project.
The following environmental assessment documentation was prepared and available for review during the SSI assessment process;
1. EIS (Advisian, November 2016)2. CEMP (Advisian, October 2016)3. Response to Submissions (Advisian, February 2017)
NSW Department of Primary Industries (DPI) were consulted during the preparation of the above environmental assessment documentation and provided comments to the DP&E on the EIS, CEMP and RTS during DP&E’s assessment of the Project.
The DP&E Infrastructure Approval “Part C”, Construction Environmental Management, requires the preparation of a listed number of CEMP Sub-plans and Construction Monitoring Programs to be prepared in consultation with the relevant government agencies.
Specifically, Conditions C4 and C12 require:
C4: “The CEMP Sub-plans must include, to the written satisfaction of the Secretary, details of all information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
C12 “The Construction Monitoring Programs must include, to the written satisfaction of the Secretary, information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
The CEMP is being revised and the CEMP Sub-plans and construction monitoring programs are currently being prepared to address the commitments in the EIS, CEMP and RTS as well as the requirements of the Infrastructure Approval conditions, EPBC Referral Decision, Sea Dumping Permit Variation, Environmental Protection Licence and Harbour Master’s Approval as appropriate to each of the CEMP Sub-Plans.
In accordance with Conditions C4 and C12, it would be appreciated if DPI could provide in writing by 20th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program.
If you wish to discuss the attached document or require further information, please contact Greg Thomson on or email address
Yours sincerely
Andrew Dooley Senior Project Manager Eden Breakwater Wharf Extension Project
Greg Thomson
RE: HPRM: Eden Breakwater Wharf Extension - CEMP sub-plan3 messages
Allan Lugg 19 July 2017 at 11:57To: Greg Thomson Cc: Jillian Reynolds
Hi Greg,
Only a couple of very minor edits – see a�ached.
From DPI Fisheries perspec�ve there is no addi�onal informa�on that needs to be included.
Cheers Allan
Allan Lugg | Senior Fisheries Manager – Aquatic Ecosystems (South) NSW Department of Primary Industries 4 Woollamia Road | PO Box 97 | HUSKISSON NSW 2540
W: http://www.dpi.nsw.gov.au/fishing
Keeping south coast waterways Unspoilt
Habitat Policy and Guidelines available at:
http://www.dpi.nsw.gov.au/fishing/habitat/publications/fish-habitat-conservation
Key Fish Habitat maps and Permit Application forms available at: http://www.dpi.nsw.gov.au/fishing/habitat/publications/key-fish-habitat-maps
Information on threatened species is available at: http://www.dpi.nsw.gov.au/fishing/species-protection
From: Greg Thomson Sent: Friday, 14 July 2017 12:45 PM To: Allan Lugg Cc: Jillian Reynolds Subject: HPRM: Eden Breakwater Wharf Extension - CEMP sub-plan
Hi Allan,
Please see the attached cover letter and working draft of the Aquatic Ecology Sub-plan
and Marine Ecology Construction Monitoring Program.
We've progressed the plan a long way internally to help make it easier to review and provide any additional informationthat you would like included.
I've requested a response by the 20th of which I acknowledge is very short notice.
I'll send through the Water Quality sub-plan and monitoring program under a separate email when available.
Regards,
Greg Thomson | Engineer - Infrastructure Projects
NSW Department of Industry - Lands
W: www.crownland.nsw.gov.au | www.industry.nsw.gov.au |
This message is intended for the addressee named and may contain confidential information. If you are not theintended recipient, please delete it and notify the sender. Views expressed in this message are those of the individualsender, and are not necessarily the views of their organisation.
This message is intended for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notifythe sender. Views expressed in this message are those of the individual sender, and are not necessarily the views of their organisation.
301311-13734-EN-REP-0010_Aquatic Ecology Sub-plan_RevC(ad) Lugg's edits 19Jul17.docx 7502K
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
Ref: DOC17/145964
20th July 2017
Mr Ian Lyall Manager Aquaculture NSW Department of Primary Industries Locked Bag 1 NELSON BAY, NSW 23151
Letter by E-mail
Dear Mr Lyall
RE: State Significant Infrastructure Approval (SSI 7734) for the Eden Breakwater Wharf Extension Project
As discussed on the 7th July 2017, Infrastructure Approval (SSI7734) was granted by the Department of Planning and Environment (DP&E) on the 5th July 2017 for the Eden Breakwater Wharf Extension Project.
The following environmental assessment documentation was prepared and available for review during the SSI assessment process;
1. EIS (Advisian, November 2016)2. CEMP (Advisian, October 2016)3. Response to Submissions (Advisian, February 2017)
NSW Department of Primary Industries (DPI) were consulted during the preparation of the above environmental assessment documentation and provided comments to the DP&E on the EIS, CEMP and RTS during DP&E’s assessment of the Project.
The DP&E Infrastructure Approval “Part C”, Construction Environmental Management, requires the preparation of a listed number of CEMP Sub-plans and Construction Monitoring Programs to be prepared in consultation with the relevant government agencies.
Specifically, Conditions C4 and C12 require:
C4: “The CEMP Sub-plans must include, to the written satisfaction of the Secretary, details of all information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
C12 “The Construction Monitoring Programs must include, to the written satisfaction of the Secretary, information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
The CEMP is being revised and the CEMP Sub-plans and construction monitoring programs are currently being prepared to address the commitments in the EIS, CEMP and RTS as well as the requirements of the Infrastructure Approval conditions, EPBC Referral Decision, Sea Dumping Permit Variation, Environmental Protection Licence and Harbour Master’s Approval as appropriate to each of the CEMP Sub-Plans.
In accordance with Conditions C4 and C12, it would be appreciated if DPI could provide in writing by 24th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program and Water Quality Sub-plan and Water Quality (Turbidity) Monitoring Program.
If you wish to discuss the attached document or require further information, please contact Greg Thomson on or email address
Yours sincerely
Andrew Dooley Senior Project Manager Eden Breakwater Wharf Extension Project
tt.tk ----
NSW GOVERNMENT
Your Ref: Doc17/145964 Our Ref: OUT17/30144
24 July 2017
Andrew Dooley Senior Project Manager, Eden Wharf Extension Project NSW Department of Industry- Lands PO Box 2185 Dangar NSW 2309
Correspondence by email.
Re State Significant Infrastructure Approval (551 7734) for the Eden Breakwater Wharf Extension Project
Thank you for the opportunity to provide comment on the Eden Breakwater Extension Project CEMP Sub-plans and Construction Monitoring programs.
NSW Department of Primary Industry (Aquaculture unit) has reviewed the plans and acknowledges the consultation between mussel farmers and the concurrence to relocate mussel farming activities to mitigate any potential mussel farming impacts for the duration of construction. As such no further comments are offered in regard to the project.
If you require any further information please contact me on 02 4916 3856.
Yours sincerely
Aquaculture Management - Port Stephens Fisheries Institute Locked Bag 1, NELSON BAY NSW 2315
Tel: 02 49821232 Fax: 024982 1107 www.dpi.nsw.gov.au ABN: 72 189 919 072
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
Ref: DOC17/145985
20th July 2017
Mr Phil Baker Manager Shellfish Program NSW Department of Primary Industries Food Safety 1 Macquarie St TAREE, NSW 2430
Letter by E-mail
Dear Mr Baker
RE: State Significant Infrastructure Approval (SSI 7734) for the Eden Breakwater Wharf Extension Project
Infrastructure Approval (SSI7734) was granted by the Department of Planning and Environment (DP&E) on the 5th July 2017 for the Eden Breakwater Wharf Extension Project.
The following environmental assessment documentation was prepared and available for review during the SSI assessment process;
1. EIS (Advisian, November 2016)2. CEMP (Advisian, October 2016)3. Response to Submissions (Advisian, February 2017)
NSW Department of Primary Industries (DPI) were consulted during the preparation of the above environmental assessment documentation and provided comments to the DP&E on the EIS, CEMP and RTS during DP&E’s assessment of the Project.
The DP&E Infrastructure Approval “Part C”, Construction Environmental Management, requires the preparation of a listed number of CEMP Sub-plans and Construction Monitoring Programs to be prepared in consultation with the relevant government agencies.
Specifically, Conditions C4 and C12 require:
C4: “The CEMP Sub-plans must include, to the written satisfaction of the Secretary, details of all information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
C12 “The Construction Monitoring Programs must include, to the written satisfaction of the Secretary, information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
The CEMP is being revised and the CEMP Sub-plans and construction monitoring programs are currently being prepared to address the commitments in the EIS, CEMP and RTS as well as the requirements of the Infrastructure Approval conditions, EPBC Referral Decision, Sea Dumping Permit Variation, Environmental Protection Licence and Harbour Master’s Approval as appropriate to each of the CEMP Sub-Plans.
In accordance with Conditions C4 and C12, it would be appreciated if DPI could provide in writing by 24th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program and Water Quality Sub-plan and Water Quality (Turbidity) Monitoring Program.
If you wish to discuss the attached document or require further information, please contact Greg Thomson on or email address
Yours sincerely
Andrew Dooley Senior Project Manager Eden Breakwater Wharf Extension Project
Greg Thomson
Eden Breakwater Wharf Extension
Phil Baker 24 July 2017 at 15:18To: Greg Thomson Cc: Hazel Farrell
Hi Greg,
thank you for the opportunity to provide input in this plan. Both Hazel and myself have gone over the plan and can providecomment on the following.
Document 1: DI-DPI-16-PLAN-ENV_006_WQCSp_Rev B
1) References to a bloom of Alexandrium fundyense during late 2016 should be amended. The document refers to abloom of A. fundyense during late 2016 in Twofold Bay. This is based on information from sitreps that were issued at thetime of the bloom. In the phytoplankton samples collected during the late 2016 bloom in Twofold Bay,the Alexandrium species present was reported to resemble Alexandrium fundyense. Species within the Alexandriumtamarense/catenella/fundyense species complex are morphologically similar. Of the Alexandrium species known to be toxinproducing, Alexandrium catenella (Group IV) occurs most frequently in NSW shellfish aquaculture areas. The differences incell characteristics could be attributed to physiological changes in the more common A. catenella cells depending on thestage of the bloom, which is unknown prior to 18 October 2016. Preliminary results of genetic testing in a sample collectedin Twofold Bay on 24 October 2016 did detect A. catenella but did not detect A. fundyense. These results and a fulldescription of the Twofold Bay bloom event will be presented in a manuscript which is currently in preparation.
2) Pg 20. Maximum cell concentrations from samples collected within Twofold Bay were 89,000 cells/L
Document 2: 301311-13734-EN-REP-0010_Aquatic Ecology Sub-plan_RevC(ad)
1) Pg 31. suggest change "poison" to "contaminate". The toxin may not harm the mussels but it could accumulate in themussels and cause illness in humans or other marine life, if consumed.
2) Pg 31. notes Alexandrium catenella (refer point 1 under comments for Document 1) is an invasive species. Routinefortnightly phytoplankton monitoring will be carried out by the local shellfish program under the existing quality assuranceprogram, if the southern harvest area (Twofold Bay B) is open for harvest during the dredging operations. As discussedpreviously, if a toxic bloom occurred the mussel farm would be closed until biotoxin levels were reported below regulatorylimits.
There is potential, since the 2016 Alexandrium bloom in Twofold Bay that new or existing cyst beds may have been seeded. It is possible that dredging may initiate a bloom. If a toxic Alexandrium bloom was to occur when the dredging works were ongoing, additional monitoring for at least one sample site (Cattle Bay) by the project operators on alternate weeks to the mussel farm’s monitoring program could assist in providing an early warning tool for the farm, and possibly provide baseline data to demonstrate whether a bloom had been triggered by the project or had coincidentally been transported into the bay.
Phil Baker | Acting Manager NSW Shellfish Program
W www.foodauthority.nsw.gov.au | Helpline 1300 552 406 nswfoodauthority | nswfoodauth
Greg Thomson
Hazardous Algal Bloom Study8 messages
Greg Thomson 25 July 2017 at 09:53To: Hazel FarrellCc: Phil Baker
Hi Hazel,
I refer to the last paragraph of Phil's email sent yesterday afternoon and your request to undertake additional samplingfor phytoplankton.
Please see the study undertaken by Jacobs for the Eden Breakwater Wharf Extension Project - as requested. I have alsoattached the response from DPI in regards to the project.
The study found that the risk of dredging stimulating algal growth by re-suspending nutrients held within sediments is lowand only relevant to enclosed areas with historically high nutrient laden sediments.
Along with the relocation of the mussel farm/compensation paid to the farmers, the impact would be negligible and theadditional sampling not warranted.
I would need a response this morning as to Food Safety's stance on the additional sampling.
Any help would be greatly appreciated.
Regards,
Greg Thomson | Engineer - Infrastructure Projects NSW Department of Industry | Lands & Forestry Division
W: www.crownland.nsw.gov.au | www.industry.nsw.gov.au |
2 attachments
IH101300-0003-NM-TNE-001_v2_HAB Dredge Interaction Assess_170210 (2).pdf 677K
16.12.16 DPI submission.pdf 39K
Phil Baker 25 July 2017 at 11:19To: Greg Thomson Cc: Hazel Farrell
Morning Greg,
I understand you have been in contact with Hazel this morning. Regarding the email i send yesterday with a submissionrecommending additional sampling we still stick by that recommendation. Please note this a recommendation only, notan order. Ultimately you/project team responsible for the project will make the decision on implementing therecommendation or not.
The food safety implications are concerned with nutrient release and exposure/re-suspension of phytoplankton cysts intothe water column which may result in a potentially toxic phytoplankton bloom. The recommended sampling will assist inearly detection if a bloom occurs. As blooms are sporadic in nature it would be difficult to determine if the dredgingoperation attributed to a bloom if one was to occur at the relocated harvest area or not if sampling was not conducted.
I also make reference to the report you attached (pg 18), it states a similar sampling strategy as a precautionarymitigation measure.
As requested these are the food safety concerns and recommendations to address the concern. Ultimately the decision toimplement or waive the recommendation is yours.
I trust this assists in clearing up any confusion
regards
--
Phil Baker | Acting Manager NSW Shellfish Program
W www.foodauthority.nsw.gov.au | Helpline 1300 552 406 nswfoodauthority | nswfoodauth
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Greg Thomson 25 July 2017 at 13:31To: Phil BakerCc: Hazel Farrell
Hi Phil,
Thanks for the clarification, we will update the sub-plans where applicable.
Once again your quick turn around is greatly appreciated.
Regards,
Greg Thomson | Engineer - Infrastructure Projects NSW Department of Industry | Lands & Forestry Division
W: www.crownland.nsw.gov.au | www.industry.nsw.gov.au
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
Ref: DOC17/140823
14th July 2017
Ms Allison Treweek Senior Team Leader Planning – South East Regional Operations Group Office of Environment and Heritage PO Box 733 QUEANBEYAN, NSW 2620
Letter by E-mail
Dear Ms Treweek
RE: State Significant Infrastructure Approval (SSI 7734) for the Eden Breakwater Wharf Extension Project
As discussed on the 7th July 2017, Infrastructure Approval (SSI7734) was granted by the Department of Planning and Environment (DP&E) on the 5th July 2017 for the Eden Breakwater Wharf Extension Project.
The following environmental assessment documentation was prepared and available for review during the SSI assessment process;
1. EIS (Advisian, November 2016)2. CEMP (Advisian, October 2016)3. Response to Submissions (Advisian, February 2017)
The Office of Environment ad Heritage (OEH) were consulted during the preparation of the above environmental assessment documentation and provided comments to the DP&E on the EIS, CEMP and RTS during DP&E’s assessment of the Project.
The DP&E Infrastructure Approval “Part C”, Construction Environmental Management, requires the preparation of a listed number of CEMP Sub-plans and Construction Monitoring Programs to be prepared in consultation with the relevant government agencies.
Specifically, Conditions C4 and C12 require:
C4: “The CEMP Sub-plans must include, to the written satisfaction of the Secretary, details of all information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
C12 “The Construction Monitoring Programs must include, to the written satisfaction of the Secretary, information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”
NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300
PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722
The CEMP is being revised and the CEMP Sub-plans and construction monitoring programs are currently being prepared to address the commitments in the EIS, CEMP and RTS as well as the requirements of the Infrastructure Approval conditions, EPBC Referral Decision, Sea Dumping Permit Variation, Environmental Protection Licence and Harbour Master’s Approval as appropriate to each of the CEMP Sub-Plans.
In accordance with Conditions C4 and C12, it would be appreciated if OEH could provide in writing by 20th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program.
If you wish to discuss the attached document or require further information, please contact Greg Thomson on or email address
Yours sincerely
Andrew Dooley Senior Project Manager Eden Breakwater Wharf Extension Project
1
Steele, Chantel (Melbourne)
From: Greg Thomson Sent: Friday, 21 July 2017 1:35 PMTo:
Subject: Fwd: Eden wharf responseAttachments: OEH response Eden wharf aquatic ecology sub plan comments.pdf
Hi All,
FYI
Regards,
Greg Thomson | Engineer - Infrastructure ProjectsNSW Department of Industry | Lands & Forestry Division
W: www.crownland.nsw.gov.au | www.industry.nsw.gov.au |
---------- Forwarded message ---------- From: Allison TreweekDate: 21 July 2017 at 13:33 Subject: Eden wharf response To: "Greg Thomson (
Hello Greg, we have had a quick look at the report and have no comments at this stage. As per the attached letter.
Thanks Allison
Allison Treweek
Senior Team Leader Planning-South East
Regional Operations Group -South
Office Of Environment and Heritage
www.environment.nsw.gov.au
In order to ensure a high level of customer service and monitor work flow, the Office of Environment and Heritage (OEH) South East Planning Team has a new email address:
2
[email protected]. Please address all further email correspondence in relation to Planning and Aboriginal cultural heritage regulation matters to this address. If appropriate, emails can be marked to the attention of your usual contact in the team.
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