ENFORCEABLE UNDERTAKING

Environment Protection and Biodiversity Conservation Act 1999

Undertaking to the Minister for Sustainability, Environment, Water, Population and Communities

given for the purposes of s 486DA

by Marloelle Pty Ltd - ACN 070 525 209

  1. Person giving undertaking

The person giving the undertaking is Marloelle Pty Ltd (ACN 070 525 209).

  1. Background

Between November 2008 and 26 July 2011, Marloelle Pty Ltd(ACN 070 525 209) undertook clearing for the purposes of a rural and residential subdivision at Lots 285 - 287; 289 and 290 DP 753848 and Lot 401 on DP 1134050, Moore Creek Road, Tamworth, New South Wales known as ‘Windmill Hill Estate’.

These works resulted in the removal or damage thereof of approximately 4.5 ha of White Box-Yellow Box-Blakely’s Red Gum Grassy Woodlands and Derived Native Grasslands ecological community (the ecological community), listed as critically endangered under theEnvironment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

At the time,Marloelle Pty Ltd did not hold an approval pursuant to Part 9 of the EPBC Act.

The ecological community is present in parts of Queensland, New South Wales, Victoria and the Australian Capital Territory on the western slopes and tablelands of the Great Dividing Range. Less than 5% of the ecological community of good quality remains across its distribution. Much of this occurs in small isolated patches. Given the ongoing threats to the ecological community and its role in the landscape, the clearing has had or is likely to have had a significant impact on the Yellow Box-Blakely’s Red Gum Grassy Woodlands and Derived Native Grasslands ecological community.

  1. Conclusion as to breach of the EPBC Act

Ms Kimberley Dripps, as the Minister's delegate under s 486DA of the EPBC Act, considers that Marloelle Pty Ltd has contravened the EPBC Act in that, contrary to section 18(2), Marloelle Pty Ltd undertook an action, without approval, that had or is likely to have had a significant impact on a listed ecological community in the critically endangered category.

  1. The undertaking

Without conceding that it has breached the EPBC Act or any other Act, but acknowledging that its activities have resulted in the loss of habitat for a nationally listed threatened ecological community, Marloelle Pty Ltd hereby undertakes, for the purposes of s 486DA of the EPBC Act, to pay a total of approximately $184,000 in the amounts specified below:

  • $60,000 to be used for management of weeds in the area of the ecological community to be paid as required, but no later than 31 December 2022to implement a weed management plan, over 10 years (to the satisfaction of the Department).
  • $100,000 to be granted as funding to a suitably qualified research or conservation entity (or similar) towards research into the ecological community. Marloelle Pty Ltd will, in arranging this grant:
  • Provide the Department with a minimum of three (3) proposals Marloelle will obtain for funding;
  • Obtain the approval of the Department to one (1) proposal; and
  • Provide payment of the funding in accordance with the approval research entities requirements and timing (in stages if required).

This research must be undertaken within two (2) years and written report published and provided to the department.

  • $9,000 towards rehabilitation of a portion of the ecological community at the site to be undertaken and paid within 3 months of the execution of this undertaking or upon completion of works, whichever is earlier.
  • $5,100 towards signage for:
  • Initial temporary signage to protect and identify the ecological community during rehabilitation actions, to be in place within one (1) month of the execution of this undertaking; and
  • Permanent signage to educate and advise of the importance of the ecological community at the site. This signage must be in place within three (3) months of the commencement of approval for further development of Windmill Hill Estate adjoining the ecological community.
  • $6,500 towards temporary fencing to protect the ecological community at the site from ongoing impacts to be in place and paid for within one (1) month of the execution of this undertaking.

The delegate acknowledges and agrees that, on the basis that Marloelle Pty Ltd fulfills the requirement of this undertaking, the Minister will not pursue further action against the Marloelle Pty Ltd in relation to the action, works or impacts referred to in this undertaking.

  1. Reporting

Marloelle Pty Ltd will provide the Department of Sustainability, Environment, Water, Population and Communities with an annual report documenting the implementation of this undertaking, commencing in(12 months from month when signed), until the Minister or his delegate is satisfied that the undertaking has been completed.

  1. Acknowledgement

Marloelle Pty Ltd acknowledges that:

  1. the Minister will make this undertaking available for public inspection including on a public register;

b. the Minister, and/or the Commonwealth, may from time to time publicly refer to this undertaking including through, but not limited to, media releases.

Signed by Marloelle Pty Ltd (ACN 070 525 209):

______

Signature of directorSignature of director/secretary

______

Name of director (print)Name of director/secretary (print)

Accepted by the Deputy Secretary of the Department of Sustainability Environment, Water, Population and Communities, on behalf of the Minister, under s486DA of the EPBC Act.

on this ______day of ______2012

______

Signature of KIMBERLEY DRIPPS

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