Notification of matters adversely affecting environmental values
Governing law and jurisdiction
Signatures to Agreement
SCHEDULES Schedule 1:Imagery identifying the area of land to be subject to the Conservation Agreement including areas for restoration. Schedule 2: A list of areas excluded from Restoration Areas/Restoration Works. THIS CONSERVATION AGREEMENT is made on 30 day of April 2011.
This is an agreement between:
The Minister for Sustainability, Environment, Water, Population and Communities, on behalf of the Commonwealth of Australia
An Authorised Delegate of the Minister:
Ms Kimberley Dripps
Department of Sustainability, Environment, Water, Population and Communities on behalf of the Commonwealth of Australia
34 190 894 983
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787
CANBERRA ACT 2601
02 6274 2760
02 6274 1607
Compliance and Enforcement Branch
Approvals and Wildlife Division
Mr Suckchain Singh and
Mrs Joginder Singh
This Agreement relates to the restoration, protection and conservation of riparian areas along Stony Creek and a tributary of Cedar Creek, known as Double Barrel Creek, within the Property located at 12 Butler Road, Bingil Bay, Queensland. The Agreement applies to the Property and requires the rehabilitation works to be taken within the Conservation Area. The Conservation Area is detailed in the map at Schedule 1, being the riparian areas of a tributary of Cedar Creek, known as Double Barrel Creek, and Stony Creek within the Property, located within the purple boundary described as ‘Habitat Corridor Outline’, including those areas marked in blue (restoration area).
Subsection 307A of the EPBC Act provides that the Minister may, on behalf of the Commonwealth, enter into a conservation agreement with a person if the Minister considers that an action taken by a person has contravened or may have contravened a provision of Part 3. The Minister may enter into a conservation agreement with the person that provides for the protection and conservation of a matter referred to in section 305 by providing for the taking of measures to repair or mitigate damage to the matter protected by the provision of Part 3 (whether or not the damage may or will be, or has been, caused by the action).
The purpose of this conservation agreement is (i) for the Minister to specify the area of land that will be rehabilitated, protected and conserved as a Conservation Area (ii) to ensure the ongoing protection and maintenance of this Conservation Area as Essential Cassowary Habitat to provide a movement corridor for the endangered Southern Cassowary (Casuarius casurarius johnsonii), which is the matter protected under Part 3 of the EPBC Act, and
(iii) to repair or mitigate damage caused by clearing of essential cassowary habitat from the property.
The specified provisions of this Agreement relate to the protection and conservation of biodiversity in the Australian jurisdiction referred to in section 305 of the EPBC Act and the repairing and mitigating of damage as further provided in subsection 307A of the EPBC Act.
The Specified Persons are the title-holders of the Property.
The Property is located to the south west of the Clump Mountain National Park. The Djiru National Park World Heritage Area abuts the Property to the south and west. The Property contains tributaries of Cedar Creek, including one known as Double Barrel Creek, and Stony Creek which together form part of the Muff Creek catchment. Remnant vegetation on the Property is identified as Essential Cassowary Habitat and the Property provides a corridor for cassowaries to move between the Djiru National Park World Heritage Area and the Clump Mountain National Park.
CIRCUMSTANCES From June 2007 until June 2010 the Specified Persons, or an agent working on his or her behalf or direction, undertook clearing of native vegetation throughout the Property. This native vegetation clearance has resulted in the removal and disturbance of Essential Cassowary Habitat.
The property has been subject to impacts of Cyclones in the past, these impacts are not subject to this agreement.
During the period of such clearance from June 2007 until June 2010 the Specified Persons did not hold an approval to clear such native vegetation under Part 9 of the EPBC Act.
This clearing and disturbance has, or is likely to have, a significant impact on the Southern Cassowary (Casuarius casurarius johnsonii), listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Section 18(3) of the EPBC Act relevantly provides:
A person must not take an action that: has or will have a significant impact on a listed threatened species included in the endangered category; or
is likely to have a significant impact on a listed threatened species included in the endangered category.
Civil penalty: for an individual – 5,000 penalty units;