ncs/2016/2516 species management program for tampering ...€¦ · species management program for...

of 9 • NCS/2016/2516 • Version 1.06 • Effective: 03 May 2016 ABN 46 640 294 485

Species management program for tampering with animal breeding places

(low risk of impacts)

INSERT NAME OF APPLICANT PERSON OR OTHER LEGAL ENTITY

INSERT ADDRESS, PHONE NUMBER AND OTHER CONTACT DETAILS OF APPLICANT PERSON OR OTHER LEGAL ENTITY

NAME OF PROJECT

INSERT PROJECT Lot/RP, ADDRESS

Made pursuant to section 332 of the Nature Conservation (Wildlife Management) Regulation 2006.

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of 9 • NCS/2016/2516 • Version 1.05 • Effective: 03 May 2016 Department of Environment and Science

CONTENTS

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1. SCOPE OF THIS SPECIES MANAGEMENT PROGRAM

2. TERMS OF THIS SPECIES MANAGEMENT PROGRAM

3. CONDITIONS OF APPROVAL OF THIS SPECIES MANAGEMENT PROGRAM

4. KEY DEFINITIONS

5. DES CONTACTS 8

APPENDIX 1 – Map or plan of the proposed impact area 8

6. APPLICANT’S STATEMENT OF INTENT 8

7. APPLICANT’S DECLARATION 9

8. APPROVAL BY DELEGATE 9


1. SCOPE OF THIS SPECIES MANAGEMENT PROGRAM

Section 332 of the Nature Conservation (Wildlife Management) Regulation 2006 (“Wildlife Management Regulation”) prescribes that a person must not tamper with an animal breeding place unless, amongst other matters, the tampering (including removal of the breeding place but not the animal) is part of an approved species management program for animals of the same species.

On its approval by the chief executive, Department of Environment and Science (DES), thisdocument is recognised as an approved species management program for the purposes of section 332 of the Wildlife Management Regulation. It applies to activities that propose to or are likely to tamper with animal breeding places with respect to protected animals prescribed as least concern wildlife under the Nature Conservation (Wildlife) Regulation 2006 (“Wildlife Regulation”) - excluding least concern animals that are colonial breeders or that are listed as special least concern - where the impacts are unlikely to affect broader populations of the species.

This SMP cannot be used for activities that propose to, or are likely to, tamper with animal

breeding places for:

(a) Protected animals prescribed as extinct in the wild, endangered, vulnerable, nearthreatened, or a special least concern animal under the Wildlife Regulation; or

(b) Least concern animals that are colonial breeders; or(c) Least concern animals where proposed tampering with a breeding place may have

impacts on the broader population of that species of animal.

The proposed disturbance of a flying-fox roost (genus Pteropus) is dealt with specifically under section 88C of the Nature Conservation Act 1992 (“the Act”) and section 41A of the Wildlife Management Regulation. Note that this species management program does not authorise a person to destroy or disturb a flying-fox roost or to drive away or attempt to drive away a flying-fox. DES should be contacted with respect to anyproposed activity relating to flying-foxes and flying-fox roosts.

Where approved tampering with a known breeding place of a protected animal would also take another species of protected animal, the approved entity is required to obtain a damage mitigation permit under the Act prior to the take occurring.

It should be noted that, when interpreting this species management program, any words present in italics have specific meaning as indicated in ‘key definitions’ in section 6.

2. TERMS OF THIS SPECIES MANAGEMENT PROGRAM

2.1 The chief executive’s approval of this species management program is granted toINSERT ENTITY NAME

2.2

2.3

and is effective from the date of approval untilafter which tampering with an animal breeding place is not authorised.

This SMP does not prevent any reasonable action being taken to safeguard the safety of any person in an emergency situation. In that circumstance and where feasible, the authorised entity should discuss a proposed action with DES. The approved entity will within 48 hours of an action undertaken under this clause notify DES in writing at [email protected].

On approval of this SMP, the approved entity is only authorised to tamper with an animal breeding place in a manner that is in strict accordance with the conditions

mailto:[email protected]


specified in this document. In default, approval of this SMP may be revoked by the chief executive in accordance with the following process:

a) DES will give written notice to the approved entity that condition(s) of thisdocument are alleged to have been contravened, and will invite the approvedentity to show cause in writing within 20 business days of the date of the noticewhy the approval should not be revoked; and

b) if the approved entity does not respond within this period, or after the chiefexecutive considers the response, the chief executive determines that theapproval of the SMP should be withdrawn forthwith, DES will give written noticeto the approved entity that approval has been withdrawn. Otherwise, the chiefexecutive may require the approved entity to rectify the breach within 20 businessdays of the date of DES notification; and

c) if the approved entity fails to rectify the breach within 20 business days of the dateof notification by DES, the chief executive may withdraw approval of this SMP.

3. CONDITIONS OF APPROVAL OF THIS SPECIES MANAGEMENT PROGRAM

3.1 Approval of this SMP is conditional upon the approved entity maintaining a register of tampering with animal breeding places (“the register”) in accordance with this section. Accurate records of animal breeding places known or suspected to have been tampered with (including destroyed) must be recorded at the end of each day that tampering occurs.

3.2 The register must be:

a) made available to DES by the approved entity upon DES request; and

b) provided to DES at [email protected] by the approved entity annually from the date of commencement of this SMP, and within 10 business days after the expiry of this SMP.

3.3 For construction projects, prior to commencement of works the approved entity must undertake an assessment to determine the presence or absence of animal breeding places. The assessment must include desktop analysis and a field survey undertaken by a suitably qualified and experienced person. Where breeding places are identified the approved entity must comply with the actions identified within Table 1 and must record details of the animal breeding place in the register.

3.4 For maintenance activities, an assessment for animal breeding places is not required. However, where new or likely animal breeding places are identified, the approved entity must comply with the actions identified within Table 1 and must record details of the animal breeding place in the register.



Table 1: Authorised species management actions with respect to animal breeding places

Species group Breeding place status

Action

Least concern wildlife – special leastconcern or colonialbreedingNote: This SMP doesnot authorise tamperingfor these species.

All Apply for use of SMP – high risk ofimpact (all protected wildlife, includingspecial least concern animals andcolonial breeders).

Other least concern wildlife

Contains young or eggs

Avoidance of unnecessary disturbance;suitable qualified and experiencedperson removes animal breeding placeand eggs and/or young rehabilitated byauthorised wildlife carer *; or

Eggs destroyed by an authorised personunder a damage mitigation permit (lastresort).

No eggs or young Proceed with caution. Remove breedingplace (if applicable).

* Where rehabilitation of protected wildlife is required, rehabilitation must be undertaken inaccordance with the Code of Practice – Care of Sick, Injured or Orphaned Protected Animals inQueensland.

4. KEY DEFINITIONS

animal breeding place means—

A bower, burrow, cave, hollow, nest or other thing that is commonly used by the animal to incubate or rear the animal’s offspring’.

approved species management program means—

For a species of animal, means a program about managing impacts to the population and habitat of the species of animal that is approved by the chief executive of DES.

colonial breeders means—

A group of animals of the same kind, co-existing in close association for breeding purposes.

construction includes-

Each of the following for the infrastructure, to the extent it involves the development of the infrastructure –

(a) initial construction (including field investigations, relocation of services andsurveys);

(b) improvement of its standard;

(c) realignment;

(d) widening; and

(e) extension to infrastructure or associated assets.


endangered wildlife means –

Native wildlife that is prescribed in schedule 2 of the Wildlife Regulation as endangeredwildlife.

extinct in the wild means –

Native wildlife that is prescribed in schedule 1 of the Wildlife Regulation as extinctin the wild wildlife.

keep in relation to wildlife includes –

Have in possession, or under control, in any place (whether for the use or benefit of the person in relation to whom the term is used or another person), even though another person has the actual possession or custody.

least concern wildlife means –

Native wildlife that is prescribed in schedule 6 of the Wildlife Regulation as leastconcern wildlife.

authorised wildlife carer means—

A person qualified to take and keep protected wildlife under a current rehabilitation permit in accordance with the Nature Conservation (Administration) Regulation 2006.

maintenance includes—

(a) rehabilitation; and

(b) replacement; and

(c) repair; and

(d) recurrent servicing; and

(e) preventative and remedial action; and

(f) removal; and

(g) alteration; and

(h) maintaining systems and services for transport infrastructure.

native wildlife means –

Any taxon or species of wildlife indigenous to Australia

near threatened wildlife means –

Native wildlife prescribed in schedule 5 of the Wildlife Regulation as nearthreatened wildlife

person includes –

A body of persons, whether incorporated or unincorporated.

protected animal means –

An animal that is prescribed under the Act as threatened, near threatened or least concern wildlife, but does not include a processed product.


protected wildlife means native wildlife prescribed under the Act as—

(a) extinct in the wild wildlife; or

(b) endangered wildlife; or

(c) vulnerable wildlife; or

(d) near threatened wildlife; or

(e) least concern wildlife.

special least concern animal under the Wildlife Regulation means the following—

(a) the echidna (Tachyglossus aculeatus);

(b) the platypus (Ornithorhynchus anatinus);

(c) a least concern bird to which any of the following apply—

(i) the agreement called ‘Agreement Between the Government of Australia and theGovernment of Japan for the Protection of Migratory Birds and Birds in Dangerof Extinction and their Environment’ and signed at Tokyo on 6 February 1974;

(ii) the agreement called ‘Agreement Between the Government of Australia and theGovernment of the People’s Republic of China for the Protection of MigratoryBirds and their Environment’ and signed at Canberra on 20 October 1986;

(iii) the convention called ‘Convention on the Conservation of Migratory Species ofWild Animals’ and signed at Bonn on 23 June 1979.

species management program (SMP) - low risk of impacts means –

An SMP for tampering with breeding places of protected animals prescribed as LeastConcern (excluding least concern animals that are colonial breeders or that areprescribed as special least concern) where the impacts are unlikely to affect broaderpopulations.

species management program (SMP)- high risk of impacts means –

An SMP for tampering with breeding places of protected animals that are:

prescribed as extinct in the wild, endangered, vulnerable, near threatened, orspecial least concern animal under the Wildlife Regulation, or

least concern animals that are colonial breeders, or

least concern animals where proposed tampering with a breeding place mayhave impacts on the broader population of that or another species of protectedanimal.

suitably qualified and experienced person means—

A person with formal qualifications and/or experience in identification of native animals and wildlife ecology. A person is considered to be suitably qualified and experienced if they meet one or more of the following criteria:

o An ecological consultant with experience in conducting surveys for native animalbreeding places;

o A person who possesses a degree in natural science or similar with experience inconducting surveys for native animal breeding places;

o A person who is authorised as a spotter-catcher under a rehabilitation permitissued under the Act.

An SMP (high risk of impacts) may also include other least concern animals if requested.


spotter-catcher means—

A person authorised under a current rehabilitation permit to take and/or keep a protected animal whose habitat is about to be destroyed by human activity in

accordance with the Nature Conservation (Administration) Regulation 2017.

tamper means—

damage, destroy, mark, move or dig up an animal breeding place.

take includes—

(a) in relation to an animal -

(i) hunt, shoot, wound, kill, skin, poison, net, snare, spear, trap, catch, dredge for,bring ashore or aboard a boat, pursue, lure, injure or harm the animal; or

(ii) attempt to do an act mentioned in subparagraph (i).

vulnerable wildlife means –

Native wildlife that is that is prescribed in schedule 3 of the Wildlife Regulation asvulnerable wildlife.

5. DES CONTACTS

All enquiries should be directed to DES at [email protected]. The enquiry will be redirected to the relevant office for response.

APPENDIX 1 – Map or plan of the proposed impact area

Insert a map and/or plan of your proposed impact area, including scale, here.

INSERT DOCUMENT HERE OR REFERENCE TO RELEVANT ATTACHMENT. TO INSERT A FILE INTO THIS PDF, YOU NEED TO USE THE EDIT OBJECT TOOL LOCATED IN THE COMMENT TAB ON THE RIGHT.

6. APPLICANT’S STATEMENT OF INTENT

I APPLICANT: A PERSON OR OTHER LEGAL ENTITY

accept this species management program offered by the Department of Environment and Science under section 332 of the Nature Conservation (Wildlife Management) Regulation2006, without amendment or alteration and agree to abide by the conditions of approval stated within this document.

To insert a file into this PDF, you need to use the edit object tool located in the comment tab on the right.




7. APPLICANT’S DECLARATION

I do solemnly and sincerely declare that the information provided in this document, including any information provided with or in support of this document, is true and correct to the best of my knowledge, and I make this solemn declaration conscientiously believing the same to be true.

I understand that all information supplied in or with this document may be disclosed publicly in accordance with the Right to Information Act 2009, Native Title (Queensland) Act 1993 and the Evidence Act 1977.

APPLICANT’S NAME

APPLICANT’S SIGNATURE DATE

IF THE APPLICANT IS A LEGAL ENTITY, PLEASE INDICATE YOUR POSITION IN THAT ENTITY

OFFICE USE ONLY

8. APPROVAL BY DELEGATE

Delegate Name / Signature Date

Program Coordinator, AssessmentsWildlife Assessment, Strategic Compliance & Northern Operations Department of Environment and Science

Enquiries:

Note: The form will be locked on the applicant's signature and no changes will be possible.

APPROVED OPERATIONAL DOCUMENTS ATTACHED

Animal Breeding Place register<http://www.DES.qld.gov.au/licences-permits/plants-animals/documents/fm-wl-register-animal-breeding-place.xls>

[email protected]

http://www.ehp.qld.gov.au/licences-permits/plants-animals/documents/fm-wl-register-animal-breeding-place.xls


Information Sheet

Page 1 of 2 • NCS/2016/2254 • Version 1.02 • Effective: 12 OCT 2016 ABN 46 640 294 485

This information sheet is issued by the Department of Environment and Science to advise of a

statutory decision on a permit application under the Nature Conservation Act 1992 (the Act).

When assessing an application for a licence, permit or other authority, the chief executive must have regard to

the following matters under the following laws:

Section 26(1) of the Nature Conservation (Administration) Regulation 20171

(a) the impact the activities that may be carried out under the authority may have on the conservation of

the cultural or natural resources of a protected area or native wildlife;

(b) the effect the grant of the authority will have on the fair and equitable access to nature, having regard

to, in particular, the ecologically sustainable use of protected areas or wildlife;

(c) any contribution the applicant proposes to make to the conservation of nature;

(d) any relevant Australian or international code, instrument, protocol or standard or any relevant

intergovernmental agreement;

(e) the precautionary principle;

(f) public health and safety;

(g) the public interest;

(h) for an application for a relevant authority other than a camping permit—whether the applicant is a

suitable person to hold the authority, having regard to the matters mentioned in schedule 2;

(i) for an application for a relevant authority for a national park (Cape York Peninsula Aboriginal land)—

the indigenous management agreement for the protected area;

(j) any recovery plan for wildlife to which the authority applies;

(k) any other matter stated in a management instrument as a matter the chief executive must have regard

to when considering an application for the authority.

Section 26(2) of the Nature Conservation (Administration) Regulation 2017

Without limiting subsection (1), the chief executive may have regard to anything else the chief executive

considers appropriate to achieve the object of the Act.

Section 33 of the Nature Conservation (Administration) Regulation 2017!

The chief executive cannot –

(a) grant a protected area authority to a person if the Protected Areas Management Regulation states the

chief executive can not grant the authority to the person or to any person; or

(b) grant a wildlife authority to a person if the Wildlife Management Regulation or a conservation plan

states the chief executive can not grant the authority to the person or to any person.

1 Matters relating to Protected Areas (excluding Nature Refuges) under the Nature Conservation Act 1992 are the responsibility of Queensland Parks and Wildlife Service (QPWS).

Information notice

This notice is issued by the Department of Environment and Science to advise of a statutory decision on a

permit application under the Nature Conservation Act 1992 (the Act).

Page 2 of 2 • NCS/2016/2254 • Version 1.02 • Effective: 12 OCT 2016 Department of Environment and Science

Note – See also section 137 of the Act.

Section 137 of the Nature Conservation Act 1992

(2) A licence, permit or other authority issued or given under a regulation to—

(a) take, use or keep protected wildlife; or

(b) abandon, release, keep, use or introduce international or prohibited wildlife;

must be consistent with—

(c) the management principles for the wildlife; and

(d) the declared management intent, or conservation plan, applicable to the wildlife.

In assessing your application, consideration has been given to each of the relevant matters listed above, and

consequently some conditions have been imposed on your permit. Please take the time to familiarise yourself

with these requirements. Should you have any questions regarding any of these conditions please contact the

Department of Environment and Science using the contact details provided under the Enquiries heading on your

licence, permit or other authority.

Part 4 of the Nature Conservation (Administration) Regulation 2017 provides for internal and external reviews,

should you be dissatisfied with any reviewable decision. In summary these include:

– If you wish to apply for an internal review of the decision an application must be made in writing within

20 business days after being given this notice.

– The application must be supported by sufficient information to decide the application.

– The application for internal review does not stay the decision made. However you may apply to the

Queensland Civil and Administrative Tribunal (QCAT) for a stay of the decision.

– The Department of Environment and Science must review the decision within 28 days of receiving the

application and provide you with a decision within 14 days of making the review decision.

– If you are dissatisfied with the internal review decision then you are able to file an application for an

external review in the registry of the QCAT within 28 days of receiving the internal review notice.

– For further information you are directed to Part 4: Internal and External Reviews, of the Nature

Conservation (Administration) Regulation 2017 and the Queensland Civil and Administrative Tribunal

Act 2009 which can both be found at www.legislation.qld.gov.au/OQPChome.htm

Also please note:

Should it be determined at some future date by any Court or Tribunal that Native Title exists over the subject

land or waters, this permit may be terminated and the holder (or any subsequent holder) may be required to

remove any works established under this permit at the permit holder’s (or any subsequent permit holder’s) own

cost, expense and risk. In that event, no compensation for works, development costs or loss of income shall be

payable to the permit holder (or any subsequent permit holder) by the State of Queensland.

http://www.legislation.qld.gov.au/OQPChome.htm

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