Exotic tree removal for Kahibah Creek

Exotic trees will be removed from the flood area of Kahibah Creek at North Pearl Estate after an 18-month delay, at the insistence of Gosford councillors.

On the motion of mayor Cr Robert Bell, councillors resolved to "institute the removal" of the non-native trees, illegal fill and rubbish from the area.

They also required staff to provide a map of illegal incursions into the creek.

Ettamylong Landcare Group had been calling for the immediate removal of the exotic trees and rubbish, to which all stakeholders had agreed, since flood maintenance works were proposed nearly two years ago.

The motion came after a staff report to the council foreshadowed a further delay of "many months" while negotiations with government departments took place and flood levels were lowered.

Staff recommended a statement be included in planning certificates about the "flood liability".

The staff report also recommended that "Council note that a large number of properties in North Pearl Estate Umina, which were originally flood free up to a one-in-100 year flood event after the completion of private subdivision works, have now increased flood affection due to council's inability to undertake maintenance in the adjoining drainage channel".

It also recommended that Council continue to negotiate with the appropriate State and Federal government departments with a view to obtaining consent to carry out flood control works in the channel adjacent to the estate.

The council adopted the recommendations.

The staff report stated: "The matter of clearing overgrown vegetation in a drainage channel at North Pearl Estate, Kahibah Creek requires further consideration by Council because concerns raised by National Parks and Wildlife Service (NPWS - State Government) and the need to refer the matter to Environment Australia (EA - Commonwealth Government) have delayed work which was originally scheduled for January 2002."

An earlier report about the creek was considered by council on November 13, 2001, and eight recommendations were made.

One recommendation from that meeting report stated: "It is recommended that Council urgently proceed with the clearing of trees below the one per cent flood line as detailed in the 2001 NECS Report page 10, subject to the consultants, interested councillors, community representatives and appropriate council staff including environmental officers and drainage engineers, undertaking a walk of the creek and marking those trees to be removed."

A walk of the creek was undertaken in December 2001, however the staff report last week stated that "clearing work as recommended has not proceeded owing initially to the inability to agree on a course of action with National Parks & Wildlife Service (NPWS)".

"It was further delayed following the finding of an endangered species (Swift Parrot) in the area and the time taken to prepare documentation, arrange studies and resolve issues with NPWS, EA and recently the Department of Infrastructure Planning and Natural Resources.

"With regard to the NPWS, it should be noted that NPWS generally make 'recommendations only' to council as council is the determining authority in this matter.

"Therefore if Council is confident it has complied with all the regulations, it could have proceeded with the work without NPWS' concurrence.

"This was not a favoured course of action because if NPWS disagree with Council's actions, then NPWS can 'call the project in' and the project then becomes NPWS' responsibility.

"It was considered that the best course of action was for council to be transparent and work with NPWS to resolve any issues.

"With regard to EA, a submission required under the Environment Protection Biodiversity Conservation Act (EPBC) has been submitted to EA.

"This submission is required because the removal of habitat has an affect on the Swift Parrot, a nationally-listed threatened species.

"Discussions are continuing with EA who are requesting more information prior to making a determination.

"To establish whether a flood risk existed, a flood study and land survey was prepared by local consultants for council.

"The land survey only covered the properties immediately adjoining the drainage channel.

"This study confirmed that an increased flood risk existed to at least 60 properties.

"The actual number is probably many more than this as the survey did not extend past the properties adjoining the channel.

"Further analysis has not been undertaken to date owing to the previously perceived early implementation of the work and to save unnecessary additional costs.

"There has been many ongoing issues relating to environmental requirements however it is expected that these matters should be resolved within six months.

"Therefore it is still considered unnecessary to allocate and expend further funds on land survey and flood modelling at this time.

"However because council is now aware of the flood liability and that it may be many months before flood levels can be lowered, it is council's responsibility to encode the relevant properties as flood liable or any other relevant wording in accordance with section 149(2) of the Environmental Planning and Assessment Act 1979.

"Once this message is encoded on the planning certificates, existing and future owners would be aware of the risk and that may negate any liability.

"Upon completion of the necessary flood maintenance works to reduce the flood impact to the design standard at the time of subdivision, council can then consider the removal of the flood encoding."

The council decided that a message be placed on the planning certificates of the properties which are known to be affected.

It will read: "This land is identified as being affected by an increase in the one per cent design flood level from the adjoining creek as a result of vegetation regrowth.

"Please note that the removal of this regrowth affection is being pursued with the relevant government bodies whose approvals are required.

"In the meantime restrictions on development on the land, (ie new buildings, extensions, garden sheds, fences, filling, etc) may apply and the nature and extent of these restrictions, if any, may be determined by enquiry at Council's offices at 49 Mann Street Gosford."

Council agenda EP.030, August 5