Saturday, November 1, 2008

Restrictions that apply to exploration of Ganyan Drive, Speewah Road, Forest Close and Cadagi Close

1 Wet Tropics Area

The WTQ map for Kuranda (available on-line here) shows that the Wet Tropics area includes part of FTY1569, including the entire portion that borders properties on Ganyan Drive and Forest Close across the Ganyan Creek.

2. Code of Environmental Compliance for Exploration and Mineral Development Projects

This document, published by the Envoronmental Protection Agency and the Department of Mines and Energy is available online here.

Section 3.1 (GENERAL CONDITIONS) contains the following:

Condition 13

The holder of the environmental authority must not carry out activities in a category A or B Environmentally Sensitive Area. Activities involving machinery must not be carried out within 1km of a category A environmentally sensitive area or within 500m of category B environmentally sensitive area. Prior to carrying out activities in a category C environmentally sensitive area, consult with the relevant administering authority and the Environmental Protection Agency. If it is determined through the consultation that additional conditions are necessary, the holder must comply with those conditions.

Note 20 – Refer to Appendix A - Environmentally sensitive Areas.

Of particular interest is the following: "Activities involving machinery must not be carried out within 1km of a category A environmentally sensitive area"

The definition of Category A contains the following:

APPENDIX A - ENVIRONMENTALLY SENSITIVE AREAS

Category A - Environmentally Sensitive Areas

LAND AREA CLASSIFICATION: Wet Tropics
ADMINISTERING LEGISLATION: Wet Tropics World Heritage Protection and Management Act 1993
ADMINISTRATING AUTHORITY: Wet Tropics Management Authority


3. Application of Condition 13 to affected properties

Any property that lies within 1 km of the portion of FTY1569 that is classified as a Category A Environmentally Sensitive Area will come under condition 13.

Exploration may take place, but no machinery may be used. It might be assumed that this implies that any digging or tree felling must be done with hand-tools; legal opinion on this matter is invited.

4. Properties within 1 km of a Category A Environmentally Sensitive Area

Ganyan Drive
The affected areas of all properties fall entirely within 1 km of the World Heritage Area.

Forest Close
The affected areas of all properties fall entirely within 1 km of the World Heritage Area.

Cadagi Close
The affected areas of all properties fall entirely within 1 km of the World Heritage Area.

Speewah Road
The northeastern corner of 492 Speewah Road lies outside the 1 km boundary. The rest of the block lies within 1 km of the World Heritage Area.
A small strip of 460 Speewah Road lies outside the 1 km limit. All of the region of 460 Speewah Road that adjoins properties on Ganyan Drive lies within the 1 km limit.