Submission to the Draft Koala Habitat Protection Guideline
​by Alec Roberts
 
To whom it may concern,
 
Please accept this letter as my submission to the Draft Koala Habitat Protection Guideline. I consent to the Department making this submission and my name public.
 
Following the recent catastrophic bushfires, koala populations are at a crisis point and it is imperative that urgent action is taken to ensure the survival of this iconic species within NSW.
 
Koalas are currently listed as a vulnerable threatened species in NSW, and therefore have a high risk of local extinction in the medium term.  In 2016 it was estimated that there remained approximately 36,000 koalas in NSW (representing a decline of 26% over 2 decades).  However, other studies suggest much lower numbers.  Furthermore, compounding this, more than 24% of koala habitats were within fire-affected areas in eastern NSW with the recent bushfires.
 
In my area of the Lower Hunter, areas of know Koala Habitat have had an estimated 75% reduction in habitat since European Settlement with commensurate declines in koala population due to habitat clearing.   Furthermore, areas of high priority koala habitat are often unprotected, with just over 20 percent within existing formal conservation reserves.
 
The main threats to Koala populations across the Lower Hunter include:

• Fragmentation, degradation and loss of habitat (at both macro and micro scale);
• Barriers to habitat connectivity (both natural and manmade);
• Road fatalities;
• Predation by dogs;
• Disease (e.g. Chlamydia);
• Fire (bushfires and control burns); and
• Climate Change.

 
Changes in habitat in the Lower Hunter can be attributed to high development pressure and piecemeal planning resulting in isolated fragments of habitat remaining between urban areas.  The long-term conservation of koalas is reliant on understanding habitat requirements and population dynamics and incorporating this into urban planning.  The Koala SEPP 2019 and the Guideline should provide consistent requirements for development assessment on core koala habitat across the State.
 
 
NSW laws do not prohibit the clearing of koala habitat. Despite declining koala numbers and the devastation caused by this summer’s catastrophic bushfires, NSW laws still allow koala habitat to be cleared with approval. Decision makers just need to ensure development approvals are consistent with koala plans of management (if they exist) or these guidelines are considered.  For our laws to protect koalas and their habitats, the approval process should not allow important koala habitat to be offset or cleared in exchange for money (as NSW Biodiversity Assessment Method does). 
 
Comprehensive koala plans of management should be mandatory for all councils wherever there is koala habitat with a set completion timeframe.  With only 5 LGAs adopting comprehensive koala plans of management since 1995 (including only one from the Lower Hunter) a mandatory approach is required. These plans should be monitored, reviewed and reported publicly on a set and regular timeframe.  To assist local councils with these obligations the NSW government should provide incentive and support for councils to develop and maintain these plans.  Furthermore, for consistency, the Koala SEPP 2019 should be applicable across the state wherever there is koala habitat.
 
The Koala SEPP 2019 and the Guideline need to apply to a wider range of developments and activities that can impact on koala habitat that are outside of the domain of local councils including: complying development, major projects (State significant development and State significant infrastructure), Part 5 activities (e.g. activities undertaken by public authorities) and land clearing activities requiring approval under the LLS Act. The NSW planning system, public and private forestry, and land management (land clearing) laws fail to protect koala habitat. The limited application of the Koala SEPP 2019 is unlikely to lead to improved outcomes for koalas.
 
The threshold of 1 hectare for triggering the Koala SEPP 2019 where a plan is not in place is arbitrary and leaves small koala habitat areas, particularly koala habitat in urban areas, without adequate protection. The one-hectare requirement also contributes to cumulative impacts and can reduce connectivity across the landscape by allowing small patches to be cleared. The threshold should be removed.
 
Climate change considerations need to be included in the Koala SEPP 2019 and the Guideline to identify and protect habitat and corridors that will support koalas’ resilience to more extreme heat and natural disasters, even if there is no koala population in those areas now.
 
Climate change is predicted to affect koala habitat condition and cause more severe weather conditions (such as the recent severe drought and catastrophic bushfires) which will impact koala survival rates. Climate change is predicted to affect koala habitat by altering the structure and chemical composition of koala food trees, changing the composition of plant communities, and changing the range of important habitat species.

Changing sea levels as a result of climate change will impact on low lying priority habitat area with Port Stephens area and Stockton Bight affected, further fragmenting habitat stands.
The ability of Koalas to migrate due to the effects of climate change are impacted by the connectivity across the landscape.  Particular attention is required to remove or mitigate the barriers to connectivity and to preserve and enhance existing connectivity, such as undertaken in the Hunter with the Great Eastern Ranges initiative.  For example, regional and local conservation planning should consider protecting existing connectivity and enhancing connectivity of koala habitat patches that are within 100m of another patch.
 
Koala research findings, and potential application of mitigation measures, should feed back into the Koala SEPP 2019 and the Guideline, as part of a regular review process.  In particular, new information should be added to Koala Development Application Maps and Site Investigation Area for Koala Plans of Management Maps to ensure they are current and accurate.  The processes for the development and application of these maps needs to be transparent to allow for effective ground-truthing to ensure accuracy.
 
Regular monitoring and compliance are required to ensure the success of the Koala SEPP and Guideline. Monitoring, review, public reporting and compliance need to be established with a defined and regular timeframe.
 
To protect koalas, koala habitat must be protected from destruction.  The Koala SEPP 2019 at present does not increase the protection for koala habitat.  Until our laws are strengthened to truly limit or prohibit the destruction of koala habitat, koala populations and their habitat will continue to be at risk and koala numbers will continue to decline in NSW, possibly to the point of local extinction.
 
I urge the Department and relevant Ministers to strengthen the Koala SEPP 2019, the Koala Habitat Protection Guideline and provide incentive and support for councils.
 
Yours sincerely,
Alec Roberts
Gateshead 2290
 
I have read the Department's Privacy Statement and agree to the Department using my submission in the ways it describes. I understand this includes full publication on the Department's website of my submission, any attachments, and any of my personal information in those documents and possible supply to third parties such as state agencies, local government and the proponent.
 
References: 
Adams-Hosking, C., McAlpine, C., Rhodes, J. R., Grantham, H. S. and Moss, P. T. (2012). "Modelling changes in the distribution of the critical food resources of a specialist folivore in response to climate change." Journal of Conservation Biogeography Diversity and Distributions: 1-14.
 
Biodiversity Conservation Act 2016, s 4.4(3)
 
Department of Planning, Industry and Environment, Understanding the impact of the 2019-20 fires, https://www.environment.nsw.gov.au/topics/parks-reserves-and-protected-areas/fire/park-recovery-and-rehabilitation/recovering-from-2019-20-fires/understanding-the-impact-of-the-2019-20-fires
 
Department of Planning, Industry and Environment, Koala conservation, https://www.environment.nsw.gov.au/topics/animals-and-plants/native-animals/native-animal-facts/koala/koala-conservation  
 
‘Eco Logical Australia 2013. Lower Hunter Koala Study. Prepared for Dept Sustainability, Environment, Water, Population and Communities’.
 
Local Land Services, Threatened Fauna of the Hunter & Mid Coast: Koala,2019, https://www.lls.nsw.gov.au/__data/assets/pdf_file/0007/1118563/koala.pdf
 
NSW Chief Scientist & Engineer, Report of the Independent Review into the Decline of Koala Populations in Key Areas of NSW, December 2016 above no 6, citing Adams-Hosking, C, McBride, M.F, Baxter, G, Burgman, M, de Villiers, D, Kavanagh, R, Lawler, I, Lunney, D, Melzer, A, Menkhorst, P, Molsher, R, et al. (2016). Use of expert knowledge to elicit population trends for the koala (Phascolarctos cinereus). Diversity and Distributions, 22(3), 249-262. doi: 10.1111/ddi.12400
 
Paull, D., Pugh, D., Sweeney, O., Taylor, M, Woosnam, O. and Hawes, W. Koala habitat conservation plan. An action plan for legislative change and the identification of priority koala habitat necessary to protect and enhance koala habitat and populations in New South Wales and Queensland (2019), published by WWF-Australia, Sydney, which estimates koala numbers to be in the range of 15,000 to 25,000 animals. In 2018, the Australian Koala Foundations estimates koala numbers in NSW to be between 11,555 and 16,130 animals, see www.savethekoala.com/our-work/bobs-map-%E2%80%93-koala-populations-then-and-now
 
Additional Sources (not referenced in submission):
Environmental Defenders Office, Analysis: Koalas: new laws – old tricks, February 20, 2020, 
https://www.edo.org.au/2020/02/20/koalas-nsw-new-laws-old-tricks/#_edn1

Nature Conservation Council, Submission Guide: Koala Habitat Protection Guideline, 2020, https://www.nature.org.au/news-and-resources/submission-guides/koala-habitat-protection-guideline/

​Nature Conservation Council, 2020, Defend koala protection laws, https://www.nature.org.au/get-involved/take-action/koala-sepp-guidelines-review/

Independent member for Warringah , Zalli Steggall has launched her intention to introduce a private members bill to parliament on climate action. If you live in the Shortland electorate and you'd like to let Pat Conroy know that you would like him to support this bill click on the following link https://climateactnow.com.au/, select your electorate, and enter your name and email address. With a little extra energy you could contact Pat directly by email or mail if you would like to make your preferences known to him prior to the bill (Personal emails work the best). Thanks for your support.
For those outside the Shortland electorate please contact your local Federal member:
Hunter - Joel Fitzgibbon ALP
Newcastle - Sharon Claydon ALP
Paterson - Meryl Swanson ALP
#ClimateActNow


This letter was written requesting support for the Climate Change Bill by Pat Conroy my local Federal member of Parliament:


Pat,
​
Support for Climate Change Bill

The present scientific consensus is that the earth's climate is warming due to human activity (https://climate.nasa.gov/scientific-consensus/), and the negative impacts of increased greenhouse gas emissions are measurable globally and nationally. The government is responsible for the health and wellbeing of its citizens and the financial security of the nation. As we see the impact of increased carbon emissions, we also find evidence of the impact on Australians and the wealth of the nation as noted by the recent catastrophic bushfires and devastating drought.

As one of your constituents, I’m writing to urge you to support the Climate Change Bill that will be introduced into parliament on Monday March 23rd by way of a conscience vote. 

I support the proposed Climate Change legislation because I believe it’s vital that we have a national climate change framework that ensures Australia has:

• Long-term plans for reducing greenhouse gas emissions to meet emissions reduction statutory targets which align with the science and international commitments (Net-zero emissions by 2050);
• A positive response to the challenges of climate change that looks to new opportunities, just transitions from legacy industries and addresses generational equity;
• Plans for adapting to the effects of climate change, whether that be responding to changing physical conditions or developing progressive international policies; and
• Transparent and accountable adaptation and mitigation planning through an independent Climate Change Commission to advise the Government.

There are 20 other countries already with Climate Change framework legislation such as the UK and New Zealand that we could learn and adapt from.

This bill gives Australia the ability to respond as a nation to the risks, challenges and opportunities of climate change and provides a proven legislative framework to lead a transition to a zero-carbon economy.
It will provide the business sector with certainty and position Australia to take advantage of the world demand for low emissions technology.

The cost of inaction far outweighs the cost of action as shown by natural disasters such as the recent bushfires, droughts, and floods. As the costs will increase of these more prevalent and severe disasters as warming increases.
The Climate Change Bill aims to protect the Australian economy against these impacts.

I implore you to support the Climate Change Bill.  

Thank you for taking the time to read my letter.

Yours Sincerely

Alec Roberts
Gateshead, NSW
Project Manager | Chair CLEANaS

Submission on Glendell Continuation Project (part of Mt Owen Complex)
by Alec Roberts (thanks to George Woods for the great info supporting this submission)
Objection to Project
Climate Change
The present scientific consensus is that the earth's climate is warming due to human activity (https://climate.nasa.gov/scientific-consensus/), and the negative impacts of increased greenhouse gas emissions are measurable globally and nationally. The government is responsible for the health and wellbeing of its citizens and the financial security of the nation. As we see the impact of increased carbon emissions, we also find evidence of the impact on Australians and the wealth of the nation.
NSW Climate Change Policy Framework details NSW Government’s objective to achieve net-zero emissions by 2050. This long-term objective “sets a clear statement of government’s intent, commitment and level of ambition and sets expectations about future emissions constraints that will help the private sector to plan and act.” The Policy Framework states that the NSW Government will investigate how to embed consideration of climate change mitigation and adaptation across government operations including service delivery, infrastructure, purchasing decisions and regulatory frameworks.  Furthermore, it states that Agencies will undertake additional policy investigation for sectors with significant opportunities and risks, including primary industries emissions and adaptation (Department of Primary Industries).
 
The Glendell Continuation Project will result in 230.8 million tonnes of greenhouse gases over the life of the project. This is in addition to the greenhouse pollution from the rest of the Mount Owen complex.
 
The assessment admits that the project is consistent with the IPCC’s “high emissions A2 emission trajectory scenario.” This is a shocking admission and all the more shocking that it did not prompt the company to withdraw the proposal. The A2 scenario is projected to result in warming by approximately 3.4C by 2100. As the greenhouse assessment outlines, this scenario is associated with increased maximum temperatures, hot days and severe fire danger days.
 
This project is not consistent with NSW’s climate change policy, the principle of inter-generational equity nor the public interest, as it clearly assumes failure to meet the Paris Agreement temperature goals and worsening climate change impacts for New South Wales.
 
Air quality
There is a cumulative issue relating to air quality in the Upper Hunter that needs attention.  Average levels of coarse particle pollution in the Hunter Valley have increased at a rate higher than the rest of NSW
Air quality in the local area has been deteriorating over time, reaching 470 air quality alerts in 2019 prior to the bushfires.
The top three for PM10 particulate levels of air pollution in NSW are in the local area.
This air pollution contributes to heart disease, stroke, deaths, diabetes, low birth weight for babies, restricted lung growth in children, lung cancer in non-smokers, asthma and emphysema.
The expansion will exacerbate an already dire set of circumstances with respect to air quality and health issues in the local area.
 
The mine assessment admits that most air quality monitoring sites in the vicinity of Glendell Mine have experienced at least one day above the national standards for PM10 particulate pollution in the past seven years and some exceeded annual average thresholds in the last two years. Camberwell and Singleton also exceeded the PM2.5 criterion last year.
But the EIS uses a low pollution year, 2014, as its base year, setting background air pollution levels at less than half of the pollution concentrations experienced in the vicinity more recently. Nevertheless, the assessment shows intensification of PM2.5 and PM10 air pollution in Camberwell and surrounding areas.
 
Water Loss
This project further extends mining in a heavily-mined area, exacerbating water loss.
 
Baseline monitoring has identified water level drawdown within the coal seams due to the cumulative impact of approved activities that surround the proposed Glendell Pit Extension. The Environmental assessment noted
“The proposed Glendell Pit Extension will further depressurise the geological strata directly intersected by the mining activities. The Project will create a zone of drawdown around the mining activity where groundwater levels will decline during the mine life. The depressurisation will also create an area of low pressure within the groundwater system centred on the Glendell Pit Extension that will encourage groundwater to flow through coal seams towards the mining area drawing groundwater from the adjacent water sources.”
 
The mine’s groundwater assessment shows that dramatic drawdown of the coal seam under the Bowman’s Creek alluvium propagates upward into the alluvium and causes drawdown and loss of surface water.
This adds to stress already being experienced in the area from other mines, and the groundwater assessment also shows cumulative draw down of over 2 metres in the alluvium during the proposed mining operations.

​I am opposed to legislation to prevent the regulation of greenhouse gas emissions from Australian coal, gas and oil burned overseas. Specifically, in “determining a development application for development for the purposes of mining, petroleum production or an extractive industry", the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 should RETAIN the specific requirement to "consider downstream greenhouse gas emission in determining a development application"
 
The present scientific consensus is that the earth's climate is warming due to human activity (https://climate.nasa.gov/scientific-consensus/), and the negative impacts of increased greenhouse gas emissions are measurable globally and nationally. The government is responsible for the health and wellbeing of its citizens and the financial security of the nation. As we see the impact of increased carbon emissions, we also find evidence of the impact on Australians and the wealth of the nation.
 
The Rocky Hill decision was made based on science and fact. In considering the impacts of the Rocky Hill mine and the public interest, Chief Justice Brian Preston held that downstream indirect GHG emissions should be considered in determining the DA, as both direct and indirect GHG emissions (i.e. Scope 1, 2 and 3 emission) contribute to the cumulative impacts of climate change. The Chief Justice indicated that the following factors must be considered:

• GHG emissions from the development;
• the likely contribution of GHG emissions to climate change;
• the consequences of this contribution to climate change; and
• other impacts of the development.

This includes ‘downstream emissions’ which included:

• the transportation and combustion of coal product from a mine; and
• GHG emissions from the combustion of product coal by end users.

Please note that Clause 14 (2) of the Mining SEPP has never been the sole reason a coal mine has been refused. The Rocky Hill and also the Bylong coal projects were both refused primarily because of their local environmental impacts.


Downstream greenhouse gas emission of "mining, petroleum production or an extractive industry" are significant in contributing to global warming.  As noted by Professor Will Steffen in the Rocky Hill case “it is one climate system”, the burning NSW coal overseas impacts communities here at home. Emissions from NSW coal are not something that happens outside Australia, they have a deep and lasting impact here at home, as seen recently with the devastating bush fires and severe drought in NSW. You cannot artificially carve out climate impacts from Australian coal on local communities. The impacts of climate change on NSW communities matter.
That’s why we all need to take responsibility for those emissions, and it’s appropriate our laws and policy need to reflect that. Furthermore, it is irresponsible to propose blinkering a planning authority from considering one of the environmental impacts of a development, and contrary to the spirit of the Environmental Planning and Assessment Act and established case law.  A decision to remove that requirement would be a retrograde step and inconsistent with a science-based response to managing climate change.
 
NSW Climate Change Policy Framework details NSW Government’s objective to achieve net-zero emissions by 2050. This long-term objective “sets a clear statement of government’s intent, commitment and level of ambition and sets expectations about future emissions constraints that will help the private sector to plan and act.” The Policy Framework states that the NSW Government will investigate how to embed consideration of climate change mitigation and adaptation across government operations including service delivery, infrastructure, purchasing decisions and regulatory frameworks.  Furthermore, it states that Agencies will undertake additional policy investigation for sectors with significant opportunities and risks, including primary industries emissions and adaptation (Department of Primary Industries). 
The proposed legislation flies in the face of the NSW Climate Change Policy Framework. It removes the consideration of climate change mitigation from a regulatory framework.  It works against Agency policy investigation and development on primary industry emissions and adaptation. Furthermore, it sets the wrong expectations of future emissions constraints to private sector across the Mining, Petroleum Production and Extractive Industries in their planning for new or expanded operations. In addition to retaining the specific requirement to "consider downstream greenhouse gas emission in determining a development application", the government should consider ways to assist these industries in transitioning towards low emission industries and renewable energy production in the immediate future.