By Carolyn Bloye, Convenor of Binningup Coastcare and Environment Group 2010-2014
Project: Coonawarra Nominees Pty Ltd proposal for sand mining
Location: Lot 7 Buffalo Road, Harvey Coast and Leschenault Estuary
Impact: Loss of parabolic dunes in good condition, erosion, destabilising estuary and seawater inundation impacting estuary health and impacting migratory waders and shorebirds. Clearing of Tuart/Peppermint woodland, habitat which supports threatened species.
The Coonawarra Nominees’ sand extraction proposal at Lot 7 Buffalo Road included the removal of a fragile parabolic dune system adjacent to Buffalo Beach and native vegetation adjacent to the Leschenault Estuary (Urban Resources Pty Ltd, 2009). The Appeals Convenor’s report to the Minister for Environment (2010) stated, in reference to the EPA response:
The vegetation proposed to be cleared provides protection from erosion for sand dunes in the area. The EPA advised that the increased erosion that may result from the proposal could affect the conservation values of the nearby Leschenault Conservation Park and nearby Conservation Category Wetlands
Upon referral the EPA initially decided to “not assess” the proposal. Five appeals were lodged opposing the EPA decision and calling for a Public Environmental Review.
After considering appeals, in March 2010, the EPA’s decision not to assess was overturned by the Office of the Appeals Convenor. The Appeals Convenor’s evaluation deemed the environmental risks for this site warranted formal assessment, with significant risk factors necessitating a formal EIA, recommending a Public Environmental Review. The EPA conceded that in light of new information provided through the appeals that a PER was warranted.
The Appeals Convenor’s decision referenced strategic studies and government reports highlighting the areas constrained land use:
Low intensity tourist development on parts of the better drained soils of Lot 7 Buffalo Road, east of the line of primary foreshore dunes, would be appropriate subject to stringent environmental assessments and ongoing management. Clearing of this area shall be discouraged (WAPC, 1999)
The decision also noted that the concerns raised in the appeals were broadly associated with potential impacts to the biodiversity values of the Lot and surrounding area which includes conservation significant flora and fauna, dune systems and habitat values.
Following further consultation, the proposal was withdrawn, averting potential long-term environmental degradation. The Lot 7 Buffalo Road case underscores the need to preserve public appeal rights to safeguard environmental values.
Recommendations
- Reinstate and strengthen the public’s right to appeal EPA decisions to not assess proposals.
- Enable early filtering of flawed or inappropriately sited proposals.
- Broaden the requirement for a ‘right to reasons’, with an express statutory right to request the reasons for a decision or exercise of power under the EP Act
(See Recommendation 14 under ' Proactive Project Filtering', Recommendation 29 under ' Guarantee Right to Reason' and Recommendation 34 under ' Strengthen Public Participation and Accountability')
Citations
Urban Resources Pty Ltd (2009). ’Proposed Sand Excavation Program Lot 7 Buffalo Road, Parkfield, Shire of Harvey.
Western Australian Planning Commission (WAPC) (1999). ’Coastal Lakelands Strategy Dawesville to Binningup.’
