Environmental Protection AuthorityGOVERNMENT OF

WESTERN AUSTRALIA

Mr Jonathan Throssell Chief Executive Officer Shire of Mundaring 7000 Great Eastern HighwayMUNDARING WA 6073

Our Ref: CMS 17637Enquiries: Angela Coletti, 6364 7600Email: Angela. Coletti@dwer. wa.gov.au

Dear Mr Throssell

DECISION UNDER SECTION 48A(1)(a) Environmental Protection Act 1986

SCHEME: Shire of Mundaring Local Planning Scheme 4Amendment 16

LOCATION: Lot 506 Jellicoe Road and Lot 487 Holbrook Road,Glen Forrest

RESPONSIBLE AUTHORITY: Shire of MundaringDECISION: Referral Examined, Preliminary Investigations

and Inquiries Conducted. Scheme Amendment Not to be Assessed Under Part IV of EP Act. Advice Given. (Not Appealable)

Thank you for referring the above proposed scheme to the Environmental Protection Authority (EPA).

After consideration of the information provided by you, the EPA considers that the proposed scheme should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 (EP Act) but nevertheless provides the attached advice and recommendations. I have also attached a copy of the Chairman’s determination of the scheme.

Prime House, 8 Davidson Terrace, Joondalup, Western Australia 6027 Telephone 08 6364 7600 I Email info epa@dwer.wa.gov.au

Locked Bag 10, Joondalup DC WA 6919

www.epa.wa.gov.au

Please note the following:

• For the purposes of Part IV of the EP Act, the scheme is defined as an assessed scheme. In relation to the implementation of the scheme, please note the requirements of Part IV Division 4 of the EP Act.

• There is no appeal right in respect of the EPA's decision to not assess the scheme.

A copy of the Chairman’s determination, this letter and the attached advice and recommendations will be made available to the public via the EPA website.

Yours sincerely

Hans JacobDelegate of the Environmental Protection AuthorityA/Executive Director EPA Services

January 2020

Enel. Scheme Advice and Recommendations Chairman’s Determination

2

ADVICE UNDER SECTION 48A(1)(a) ENVIRONMENTAL PROTECTION ACT 1986

Shire of Mundaring Local Planning Scheme 4 Amendment 16

Location: Lot 506 Jellicoe Road and Lot 487 Holbrook Road, Glen Forrest

Determination: Scheme Not Assessed - Advice Given (not appealable)

Determination Published: 6 January 2020

Summary

The Shire of Mundaring has initiated Local Planning Scheme 4 (LPS 4) Amendment 16 to rezone Lot 506 Jellicoe Road and Lot 487 Holbrook Road, Glen Forrest from ‘Public Purposes’ to ‘Rural Residential T.

The Environmental Protection Authority (EPA) has considered the scheme amendment in accordance with the requirements of the Environmental Protection Act 1986. The EPA considers that the scheme amendment is unlikely to have a significant effect on the environment and does not warrant formal assessment under Part IV of the EP Act. The EPA has based its decision on the documentation provided by the Shire of Mundaring (Shire). Having considered this matter the following advice is provided.

Environmental Factors

The EPA has identified the following preliminary environmental factors relevant to this scheme amendment:• Terrestrial Fauna;• Flora and Vegetation, and• Inland Waters.

Advice and Recommendations regarding Environmental Factors

Terrestrial Fauna and Flora and Vegetation

The area of land proposed to be rezoned to ‘Rural Residential T contains native vegetation mapped as ‘Very Good’ to ‘Excellent Condition’. The EPA notes the area is mapped and prioritised in the Shire’s Local Biodiversity Strategy as Conservation Priority 1 and 2 for Local Natural Areas, which are formally protected through Local Planning Scheme 4.

The vegetation provides habitat for species of black cockatoo listed as Endangered under both the Biodiversity Conservation Act 2016 and Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the Flora, Vegetation and Fauna Survey’s (Eco Logical January 2019 and December 2019) identified 19 potentially significant black cockatoo habitat trees, six of which have hollows considered suitable for nesting.

The EPA notes a building envelope is required for a lot zoned Rural Residential. The location of building envelopes and clearing necessary for access and bush fire management should aim to retain mature habitat trees, particularly those with hollows. Clearing and maintenance works should be undertaken outside of black cockatoo breeding season.

Page 1 of 2

The landowner should consider their responsibilities under the EPBC Act to refer proposals to the Commonwealth Department of the Environment and Energy should clearing of significant black cockatoo habitat be proposed.

Inland Waters

The lots are located within the Middle Helena Catchment Area Special Control Area, identified as Priority 1 public drinking source. The Department of Water and Environmental Regulation Water Quality Protection Note No.25 generally restricts land uses to single dwelling, ancillary dwelling, Industry - Cottage and Home Occupation. The EPA considers that these land uses are consistent with the proposed ‘Rural Residential T zoning.

Recommendation

The EPA recommends that the Shire of Mundaring consult with the Department of Biodiversity, Conservation and Attractions and the Department of Planning, Lands and Heritage to identify and implement planning mechanisms to ensure the protection and retention of significant fauna habitat.

Conclusion

The EPA concludes that the scheme amendment can be managed to meet the EPA's environmental objectives through the implementation of planning scheme provisions. Future development proposals should identify, manage and protect the above environmental values.

Page 2 of 2