Upgrade of Useless Loop Road, Shark Bay: Main Roads Western Australia
Upgrade of Useless Loop Road, Shark Bay: Main Roads Western Australia
Upgrade of Useless Loop Road, Shark Bay: Main Roads Western Australia
1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. The proposal.................................................................... 2
3. Consultation.................................................................... 2
5. Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6. Recommendations.............................................................. 5
Figure
1. Gascoyne Region, Useless Loop Road, Regional Location
3
Appendices
1. References
2. Recommended Environmental Conditions and Proponent’s Consolidated Commitments
3. Details of Proponent Consultation
1. Introduction
This report provides the advice and recommendations of the Environmental Protection Authority
(EPA) to the Minister for the Environment on the environmental factors relevant to a proposal
by Main Roads Western Australia (MRWA) to upgrade sections of the existing Useless Loop
Road, Shark Bay.
The EPA was advised of the proposal to upgrade the existing Useless Loop Road in April
2000. MRWA (the proponent) was advised at that time of the EPA’s expectation that
proponents of development proposals in the Shark Bay World Heritage Property will consult
with the Department of Conservation and Land Management (CALM), as the lead agency with
respect to management of the Shark Bay World Heritage Property under the terms of an
agreement between the Commonwealth and State Government. The EPA also encouraged
MRWA to take advantage of the special expertise that exists on the area, particularly that within
CALM, the Shark Bay World Heritage Property Scientific Advisory Committee and the Shark
Bay World Heritage Property Community Consultative Committee.
Based on the information provided in the EAMP and the comments of relevant agencies and
committees, the EPA considered that while the proposal had the potential to have an effect on
the environment, the proposal is capable of being implemented in an environmentally acceptable
manner such that it is most unlikely that the EPA’s environmental objectives would be
compromised, provided the proposed commitments are legally binding. Consequently, the
EPA set the level of assessment at EPA - initiated Environmental Protection Statement (EPS) in
accordance with the Environmental Impact Assessment Administrative Procedures Amendment
1999.
Any person who disagrees with the EPA’s decision on the level of assessment may lodge an
appeal with the Minister for the Environment within 14 days of the date of the decision being
placed in the public record, which was 8 December 2000.
A separate right of appeal exists for any person who disagrees with the content of, or any
recommendations in this report, also within 14 days of release of the report, which was also 8
December 2000.
Further details of the proposal are presented in Section 2 of this report. Section 3 discusses the
level of consultation undertaken and the outcomes of that consultation. The environmental
factors relevant to the proposal are described in Section 4. The EPA’s conclusions are
presented in Section 5 and Section 6 presents the EPA’s recommendations.
The report also includes the following appendices: Appendix 1 provides the references for the
report, Appendix 2 contains the recommended environmental conditions and the proponent’s
commitments and Appendix 3 provides detail of the consultation undertaken by the proponent.
1
2. The proposal
Development proposals in Shark Bay World Heritage Property
The proposal is within the Shark Bay World Heritage Property. The EPA acknowledges that
“while World Heritage listing does not prevent development, there is obviously an expectation
that developments are carefully evaluated from an environmental point of view and only allowed
to proceed if they can be implemented in a way which does not compromise the values for
which the area was listed” (EPA 2000).
The key characteristics of the proposal are outlined in Schedule 1 of Appendix 2 of this
Bulletin.
3. Consultation
The EPA considers that adequate consultation can be demonstrated by the proponent when
stakeholders:
• are kept informed about the potential and actual environmental impacts of the proposal;
• are included in the consultation process and are able to make their concerns, in regard to
environmental impacts, known to the proponent;
• are able to have meaningful input into the proponent’s management of environmental
impacts.
During the preparation of the EAMP, the proponent has undertaken consultation with
government agencies and individuals with a direct interest in the project.
The Department of Conservation and Land Management is the lead agency with respect to the
management of the Shark Bay World Heritage Property. In accordance with the EPA’s
Guidance Statement for Assessment of Development Proposals in Shark Bay World Heritage
Property (EPA 2000), the EPA considered the proponent should primarily consult with CALM
and seek its approval of the EAMP and the proposed commitments prior to the EPA accepting
the EAMP document. The advice of both the Shark Bay World Heritage Property Community
Consultative Committee (CCC) and the Shark Bay World Heritage Property Scientific Advisory
Committee (SAC) was also sought. The proposal was discussed at the August 2000 meetings
of both of the CCC and the SAC, where CALM’s Regional Manager of the Midwest region
provided a briefing on the proposal to the committees. The EPA has received notification from
CALM that the environmental commitments made by MRWA, included as Schedule 2 of
Appendix 2 in this report, will enable the impacts of the proposed works to be adequately
managed. The EPA is therefore satisfied that sufficient consultation has occurred.
2
The primary focus of consultation was to ensure that the World Heritage values of the areas
within which roadworks are proposed would not be compromised. The primary issues raised
during consultation included minimisation of: vegetation clearing; impact on priority flora
species; impact on visual amenity; potential for erosion; management of weeds and impact on
landform characteristics, such as the evaporative clay/ salt pans known as birridas.
The most significant outcome of the consultation phase for this proposal is the reduction in the
area and number of borrow pits required to source material for road upgrades. The original
proposal identified an area of approximately 760 hectares from which road materials could
potentially be sourced. A number of the initially proposed borrow pit sites were in pristine
birridas, in areas with potential for high visual impact or in areas with priority flora species. As
a result of consultation, the locations of borrow pit sites have been more accurately defined and
the number of sites has been reduced from twelve to six. The re-evaluation of borrow pit sites
ensures that no pristine birridas are impacted by this proposal, visual impact is minimised and
the area of vegetation clearing is substantially reduced, to approximately 4 hectares.
The proponent has addressed other issues, such as the potential for erosion and the management
of weeds, in its commitment to management practices that will be applied in the implementation
of the proposal.
The organisations consulted and a summary of comments received are included in Section 2.16
of the EAMP and are attached as Appendix 3 of this report.
a) Vegetation – effects of vegetation clearing for the upgrade of Useless Loop Road on the
local and regional vegetation, including priority flora species;
These are two of the World Heritage values for which Shark Bay was inscribed on the World
Heritage List in 1991. These are the only World Heritage values that would be affected by the
construction and operation of this proposed road upgrade.
4 . 1 Vegetation
The proposed road upgrade will require the removal of approximately 12 hectares of native
vegetation, with a further 4 hectares of clearing required for the proposed borrow pits. In the
flora surveys commissioned by the proponent (Landcare Services, 1998 – Appendix 1 of the
EAMP), no Declared Rare Flora were identified in the study area, however, nine priority flora
species were located. Resource extraction will not affect any priority species however,
proposed road works will affect a number of individual plants of the nine priority flora species
as described in Section 3.4 of the EAMP. A follow up flora survey, conducted in September
2000 (Landcare Services, 2000) to determine the potential impact of the proposed road works
on priority flora species, established that the majority of the priority taxa previously identified
were quite common in the area surveyed. The proponent has included a commitment to
continue to consult with CALM to develop a management plan that includes measures to limit
the impacts of the proposal on priority flora during the implementation of the project. No
threatened vegetation communities were identified in the area of proposed works.
Taking into account both modifications to the proposal to limit the amount of vegetation affected
by the proposal and the proponent’s commitments to prepare and implement management plans
in consultation with CALM, particularly with regard to managing the impacts on priority flora
4
species, the EPA considers that this proposal is capable of being managed to meet the EPA’s
objective for vegetation.
4 . 2 Landform
Shark Bay has distinctive evaporative clay/ salt pans which are known as birridas. No pristine
birridas will be affected by this proposal. However, it is proposed to source road construction
materials from two borrow pits within birridas, both of which have previously been used for
obtaining road construction material. The remaining borrow pits are located outside birridas.
In addition to reducing the number and area of birridas affected by the proposal, the proponent
has consulted with CALM with regard to developing management measures that will be applied
by MRWA during the implementation of the project. MRWA has committed to the preparation
of a Rehabilitation Plan in consultation with CALM that will provide more detail of the
rehabilitation of areas affected by the proposal particularly with regard to re-establishing
landforms consistent with the surrounds.
Taking into account the modifications to the proposal to substantially reduce the impacts on
birridas, the proponent’s commitments to rehabilitation and to continued consultation with
CALM during the implementation of the proposal, the EPA considers that this proposal is
capable of being managed meet the EPA’s objective for landform.
5. Conclusions
Section 44 of the Environmental Protection Act 1986 requires the EPA to report to the Minister
for the Environment on the environmental factors relevant to the proposal and on the conditions
and procedures to which the proposal should be subject, if implemented. In addition, the EPA
may make recommendations as it sees fit.
The EPA has concluded that the proposal to upgrade the existing Useless Loop Road is capable
of being managed in an environmentally acceptable manner such that the EPA’s objectives
would not be compromised, provided there is satisfactory implementation of the proponent’s
commitments and the proposed Ministerial Conditions. The management plans to be developed
as part of the proponent’s commitments will also ensure that the World Heritage values of the
Shark Bay World Heritage Property are unlikely to be compromised.
Furthermore, the EPA has recommended that the proposal should be subject to the preparation
and implementation of an Environmental Management System.
6. Recommendations
The EPA considers that the proponent has demonstrated, in the Environmental Assessment and
Management Plan – Upgrade of Useless Loop Road, that the proposal can be managed in an
environmentally acceptable manner and provides the following recommendations to the Minister
for the Environment:
1. That the Minister notes that this report follows a decision by the EPA to set a level of
assessment as EPA - initiated Environmental Protection Statement because:
5
2. That the Minister considers the report on the relevant environmental factors as set out in
Section 4.
3. That the Minister notes that the EPA has concluded that it is unlikely that the EPA’s
objectives would be compromised, provided there is satisfactory implementation by the
proponent of the recommended conditions and proponent commitments as set out in
Appendix 2, including the provision for implementation of an environmental management
system.
4. That the Minister imposes the conditions and procedures recommended in Appendix 2 of
this report.
6
Appendix 1
References
ATA Environmental (2000) Environmental Assessment and Management Plan – Upgrade of
Useless Loop Road, (final December 2000).
Environmental Protection Authority (2000) Final Guidance No 49. Guidance Statement for
Assessment of Development Proposals in Shark Bay World Heritage Property, (November
2000).
Landcare Services Pty Ltd (1998) Gascoyne (North-west Coastal Highway and Useless loop
Road) Vegetation and Flora Survey. Report prepared for Alan Tingay and Associates
(September 1998).
Landcare Services Pty Ltd (2000) Priority Species Populations Investigations Useless Loop
Road Realignment. Report prepared for Main Roads Western Australia (September 2000).
Appendix 2
Proposal: This proposal is for the upgrading of eight sections (each up to 1200
metres long) of the existing Useless Loop Road, in the Shire of
Shark Bay. The road works, which extend over approximately 67
kilometres of road, include curve improvement, realignment and
reconstruction. The proposal also includes the development and use
of six borrow pits for extraction of suitable road construction
materials, as documented in schedule 1 of this statement.
The proposal to which the above report of the Environmental Protection Authority relates may
be implemented subject to the following environmental conditions and procedures:
Procedures
1 Implementation
1-1 Subject to these conditions and procedures, the proponent shall implement the proposal as
documented in schedule 1 of this statement.
1-2 Where the proponent seeks to change any aspect of the proposal as documented in
schedule 1 of this statement in any way that the Minister for the Environment determines,
on advice of the Environmental Protection Authority, is substantial, the proponent shall
refer the matter to the Environmental Protection Authority.
1-3 Where the proponent seeks to change any aspect of the proposal as documented in
schedule 1 of this statement in any way that the Minister for the Environment determines,
on advice of the Environmental Protection Authority, is not substantial, those changes
may be effected.
2 Proponent Commitments
2-1 The proponent shall implement the consolidated environmental management commitments
documented in schedule 2 of this statement.
3 Proponent
3-1 The proponent for the time being nominated by the Minister for the Environment under
section 38(6) or (7) of the Environmental Protection Act 1986 is responsible for the
implementation of the proposal until such time as the Minister for the Environment has
exercised the Minister’s power under section 38(7) of the Act to revoke the nomination of
that proponent and nominate another person in respect of the proposal.
3-2 Any request for the exercise of that power of the Minister referred to in condition 3-1 shall
be accompanied by a copy of this statement endorsed with an undertaking by the
proposed replacement proponent to carry out the proposal in accordance with the
conditions and procedures set out in the statement.
3-3 The proponent shall notify the Department of Environmental Protection of any change of
proponent contact name and address within 30 days of such change.
4 Commencement
4-1 The proponent shall provide evidence to the Minister for the Environment within five
years of the date of this statement that the proposal has been substantially commenced.
4-2 Where the proposal has not been substantially commenced within five years of the date of
this statement, the approval to implement the proposal as granted in this statement shall
lapse and be void. The Minister for the Environment will determine any question as to
whether the proposal has been substantially commenced.
4-3 The proponent shall make application to the Minister for the Environment for any
extension of approval for the substantial commencement of the proposal beyond five
years from the date of this statement at least six months prior to the expiration of the five
year period referred to in conditions 4-1 and 4-2.
4-4 Where the proponent demonstrates to the requirements of the Minister for the
Environment on advice of the Environmental Protection Authority that the environmental
parameters of the proposal have not changed significantly, then the Minister may grant an
extension not exceeding five years for the substantial commencement of the proposal.
5 Compliance Auditing
5-1 The proponent shall submit periodic Compliance Reports, in accordance with an audit
program prepared in consultation between the proponent and the Department of
Environmental Protection.
5-2 Unless otherwise specified, the Chief Executive Officer of the Department of
Environmental Protection is responsible for assessing compliance with the conditions,
procedures and commitments contained in this statement and for issuing formal, written
advice that the requirements have been met.
5-3 Where compliance with any condition, procedure or commitment is in dispute, the matter
will be determined by the Minister for the Environment.
Conditions
6-1 In order to manage the environmental impacts of the project, and to fulfil the requirements
of the conditions and procedures in this statement, prior to ground-disturbing activity, the
proponent shall demonstrate to the requirements of the Environmental Protection
Authority on advice of the Department of Environmental Protection and Department of
Conservation and Land Management that there is in place an environmental management
system which includes the following elements:
6-2 The proponent shall implement the environmental management system referred to in
condition 6-1.
December 2000
Version3 27/11/00
Schedule 2: Proponent’s environmental management commitments – Upgrade of Useless Loop Road, Shark Bay.
Main Roads Western Australia makes the following commitments to ensure appropriate environmental management of the proposed road works.
The following management plan actions are first to be addressed in the specifications and/or drawings during the design phase, prior to being
undertaken by the Contractor or responsible officer.
The above management plans will be developed from the Main Roads WA standard specifications, to a level relevant to the size and scale of the
project.
Main Roads WA have indicated that the contractor will be given responsibility for implementing Main Roads WA’s commitments, except for
ongoing monitoring arrangements which will be the responsibility of the Main Roads WA Project Manager. The Main Roads WA Asset Manager
will be responsible for the preparation of compliance reports. Management plans and details may be incorporated into contractual arrangements for
the protection of the environment.
Appendix 3
(from Section 2.16 of ATA Environmental (2000) Environmental Assessment and Management
Plan – Upgrade of Useless Loop Road, (final December 2000))