A parliamentary question regarding the potential environmental impact of expanded cattle production and dam construction at Lake Gregory, a Wetland of National Significance. The Minister's response indicates a lack of departmental advice or assessment to date, deferring responsibility to the Minister for Lands and awaiting a formal project proposal.

AnsweredQoN 1504Legislative Council
Asked
14 August 2018
Portfolio
Environment

QuestionView source ↗

I refer to
the recent media announcement for the subleasing of the Lake Gregory Station in
the East Kimberley to the Yougawalla Pastoral Company, and the plans for
expanded cattle production and the construction of ten catchment dams, and ask: (a) given
Lake Gregory is listed as a Wetland of National Significance and meets
four Ramsar Criteria for listing as a wetland of international significance, have the Department of Biodiversity, Conservation and
Attractions or Department of Water and Environmental Regulationprovided
any advice as to the potential impact on Lake Gregory, and/or impacts on
protected native flora and fauna, from the expansion of cattle production
and the construction of dams in the Lake Gregory Catchment; (b) if yes to (a), will the Minister table the advice; (c) if no to (b), why not; (d) if no to (a), why not; (e) given the
Australian Government’s Directory of Important Wetlands describes cattle
grazing as a disturbance or threat to the nationally significant values of
Lake Gregory, will the Minister advise if advice has been sought from the
Department of the Environment and Energy as to the possible impacts of
catchment dams and expanded cattle production on the values of Lake
Gregory, or on Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) listed nationally threatened species and
ecological communities, or migratory species covered under international
treaties such as Japan–Australia Migratory Bird Agreement, China Migratory Bird Agreement or Convention on the Conservation of Migratory Species of Wild Animals; (f) if yes to (e), will the Minister table the advice; (g) if no to (f), why not; (h) if no to (e), why not; (i) the
Australian Government’s Directory of Important Wetlands states under
Disturbance or Threats that: “Partly flooded trees and shrubs are critical
habitat for breeding waterbirds around Lake Gregory. Overgrazing (12 000
cattle at site in 1987: C. Done in Halse 1990), which prevents tree
regeneration, has reduced the extent of available breeding sites.”
Will the Minister comment on how an expansion of dams and cattle grazing
might impact on Lake Gregory, and what protections or management will be
in place for these impacts; (j) if no to (i), why not; (k) will the Minister please provide a list of the species and ecosystems found at
Lake Gregory that are listed and/or protected under State and Federal
legislation; (l) will the Minster please advise if any approvals under environmental legislation
would be required for the construction of new dams in the Lake Gregory
Catchment; (m) if yes to (l), which approvals; (n) if yes to (l), will there be any public consultation; (o) if no to (n), why not; and (p) I refer the Minister to the report by the then Department of Environment and
Conservation titled, Resource Condition Report for a Significant Western
Australian Wetland: Lake Gregory (Paraku) System: 2009, which states that “Other threats to the system pale compared to that posed by
grazing, particularly if the proposed increase in cattle numbers
eventuates. Will the Minister please advise if: (i) there have been any further updates to the resource condition report since 2009; (ii) if yes to (p)(i), will the Minister please table the reports; (iii) if no to (p)(i) and/or (p)(ii), why not; (iv) there are any other management plans in place, or what other management actions are underway to protect the values of Lake Gregory; (v) if yes to (p)(iv), will the Minister please table the reports; (vi) if no to (p)(iv) and/or (p)(v), why not; and (vii) will the Minister please provide advice on how the impacts of expanded cattle production and new dams on the values of Lake Gregory will be assessed by Government?

AnswerView source ↗

Answered
12 September 2018
Responded by
Minister for Environment
Response time
10 days
(a) – (j) Neither the Department of Biodiversity, Conservation and Attractions (DBCA) nor the Department of Water and Environmental Regulation have provided any advice on this matter and no advice has been sought by either Department from the Commonwealth Government in relation to potential impacts of the proposal on matters of national environmental significance (MNES) as defined by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The subleasing of the Lake Gregory Station pertains to the implementation of the Land Administration Act 1997 and associated questions should be referred to the Minister for Lands.
(k) A list of species and ecosystems listed under State and Federal legislation for Lake Gregory is publicly available through the NatureMap web portal at https://naturemap.dpaw.wa.gov.au . [See tabled paper no. #]
(l) – (o) The details of this development proposal have not been presented to the Department of Water and Environmental Regulation, so it is not clear at this stage which environmental approvals, if any, would be required.
If the proposal is considered likely to have a significant effect on the environment it may need to be referred under Part IV of the Environmental Protection Act 1986 (EP Act) to the Environmental Protection Authority. This would involve public consultation should a formal assessment be determined by the Environmental Protection Authority.
If the proposal is not assessed under Part IV of the EP Act, and the clearing of native vegetation is proposed, a clearing permit under Part V of the EP Act would be required, unless the clearing is of an exempt kind under the EP Act or Environmental Protection (Clearing of Native Vegetation) Regulations 2004. Clearing permit applications are advertised for public comment and any submissions received are considered through the assessment of the application. Decisions on clearing permit applications are also subject to third party appeal rights.
If the proposal is likely to impact upon MNES, then the proponent has obligations under the Commonwealth EPBC Act. Public consultation is incorporated into some assessment processes under the EPBC Act.
(p)(i) There are no further updates to the resource condition report since 2009.
(ii) Not applicable.
(iii) The Department of Biodiversity, Conservation and Attractions focuses its resources on conservation actions for Ramsar wetlands and significant wetlands located in conservation estate managed by DBCA. Lake Gregory is not a Ramsar site and is not located in conservation estate managed by DBCA. The 2009 resource condition report was funded through an external grant and such funding is no longer available.
(iv) – (vi) Advice on management plans and actions for pastoral lease tenure should be sought from the Minister for Lands.
(vii) The Departments of Water and Environmental Regulation and Biodiversity, Conservation and Attractions have not received applications nor a project proposal for Lake Gregory Station.  Until the project is understood, the impacts or regulatory requirements cannot be assessed.

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