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 Coppercats Pty Ltd - ACN 119 953 356
and Gallivantour Super Pty Ltd - ACN 112 138 682
1.
Person giving undertaking
The person giving the undertaking is Coppercats Pty Ltd (ACN 119 953 356) and
Gallivantour Super Pty Ltd (ACN 112 138 682).
2.
Background
In December 2008 Coppercats Pty Ltd (ACN 119 953 356) and Gallivantour Super Pty Ltd
(ACN 112 138 682) undertook development of an industrial subdivision at Lot 3 Harris
Road, Picton East, on the southern Swan Coastal Plain of Western Australia. These works
resulted in the removal of approximately 6.71 ha of native vegetation providing habitat for
species listed as threatened under the Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act) including the Western ringtail possum (vulnerable) and
Carnaby’s black cockatoo (endangered).
At the time Coppercats Pty Ltd and Gallivantour Super Pty Ltd did not hold an approval
pursuant to Part 9 of the EPBC Act.
The southern Swan Coastal Plain supports the largest remaining population of Western
ringtail possums, and provides essential breeding, foraging and movement habitat for the
species. The area is also important for Carnaby’s black cockatoo and supports both
breeding and foraging. Lot 3 Harris Road, Picton, provided foraging habitat for both the
Western ringtail possum and Carnaby’s black cockatoo. In addition, Lot 3 Harris Road
occupies a strategic position in the local landscape, with the vegetation on site contributing
to a suite of ecological linkages necessary for maintaining connectivity between remnant
patches and allowing the movement of fauna across the region. The clearing, and the
removal of part of these ecological linkages, has had or is likely to have had a significant
impact on the Western ringtail possum and Carnaby’s black cockatoo.
3.
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 Coppercats Pty Ltd and Gallivantour Super Pty Ltd have contravened the EPBC Act in
that, contrary to section 18(3) and section 18(4) of the EPBC Act, Coppercats Pty Ltd and
Gallivantour Super Pty Ltd undertook an action, without approval, that had or is likely to
have had a significant impact on listed threatened species in the endangered and
vulnerable categories.
4.
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 nationally listed threatened species,
Coppercats Pty Ltd and Gallivantour Super Pty Ltd hereby undertakes, for the purposes of
section 486DA of the EPBC Act, to pay a total of $80,400 to the Western Australian
Department of Environment and Conservation to be used for rehabilitation and / or
revegetation projects providing habitat suitable for the affected species.
The funds will be paid in four equal payments of $20,100, within 30 days of the sale and
settlement of the next four blocks in the development (now registered as Lots 500 to 514,
excluding blocks 503 and 504 which have previously been sold).
The delegate acknowledges and agrees that, on the basis that Coppercats Pty Ltd and
Gallivantour Super Pty Ltd fulfills the requirement of this undertaking, the Minister will not
pursue further action against the Coppercats Pty Ltd and Gallivantour Super Pty Ltd in
relation to the action, works or impacts referred to in this undertaking.
5.
Reporting
Coppercats Pty Ltd and Gallivantour Super Pty Ltd will provide the Department of
Sustainability, Environment, Water, Population and Communities with an annual report
documenting the implementation of this undertaking, commencing 12 months from the date
of execution of this enforceable undertaking, until the Minister or his delegate is satisfied
that the undertaking has been completed.
6.
Acknowledgement
Coppercats Pty Ltd and Gallivantour Super Pty Ltd acknowledge that:
a. 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.
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Signed by Coppercats Pty Ltd (ACN 119 953 356):
________________________________
_______________________________
Signature of director
Signature of director/secretary
________________________________
_______________________________
Name of director (print)
Name of director/secretary (print)
Signed by Gallivantour Super Pty Ltd (ACN 112 138 682):
________________________________
_______________________________
Signature of director
Signature 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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