creek at the picnic area; Dampeira rodwayana , a small shrub occurring in the Scribbly Gum
woodland and Zierla bacuerlenii (Rutaceae) a rare and endangered plant occurring only in bush
land around the Bomaderry Creek. As Dr. Kevin Mills says this means that it is found nowhere
else in the world. Already it has been noted that many Zierla plants in the area of the proposed
road have been vandalised and destroyed. Some Zierla bacuerlenii are growing a small distance
to the north of the proposed road and are proposed to be fenced off. The Australian Heritage
Commission has placed a nearby area of the Bomaderry Creek on the Register of the National
Estate because of the occurrence of Zierla. In addition, the plant is listed as an endangered species
under Schedule I of the Endangered Species Protection Act 1992 (Cth).
The comment might be made that it is somewhat strange that under State law rare and endangered
plants are not accorded similar protection to rare and endangered fauna, especially since flora is
important for biological diversity and advances in medical science sometimes involve the
application of rare plants.
The review of environmental factors found that diverse fauna communities were expected to be
present in the gorge area. Fauna were briefly surveyed. A number of species listed in schedule 12
of the Act were known, or likely, to occur in the study area. However, the review of
environmental factors (at 4.12) stated that the impact of the road on fauna "is likely to be
negligible". To protect the ecological values of the area the report proposed a number of
mitigation measures. An ecological assessment of Dr. Kevin Mills was appended to the review of
environmental factors. It examined the vegetation communities, the presence of threatened plant
species and fauna of conservation importance. His assessment stated that "the Bomaderry Creek
gorge is probably one of the most valuable areas of fauna habitat within the Noowra town limits"
(at 13). The report also noted that the Yellow-bellied Glider could be present in the area. In
assessing the options, the document concluded that the northern alternative avoided the creek
gorge, the dissection of the Bomaderry Creek bush land and also damage to rare plant species. By
contrast, the Council's preferred route had potential impacts on rare plants and on the recreational
values of the gorge (at 11).
In June 1992 the Council asked the Director-General for a specification for a fauna impact
statement and this was provided on 14th July 1992. The three page document required, inter alia,
"a full fauna survey" along the proposed route and all feasible alternatives. It mentioned the
targeting of endangered species known or likely to occur in the area including the Yellow-bellied
Glider, Diamond Python and the Tiger Quoll.
It appears that in October 1992 the Council resolved to approve the development application
"subject to the imposition of appropriate conditions of consent, provided recommendations of a
fauna impact statement were satisfactory". By letter dated 3rd February 1993, Council applied to
the National Parks and Wildlife Service for a licence under S. 120 of the Act to take or kill
endangered fauna, enclosing copies of a fauna impact statement prepared in October] 992 by its
consultants Mitchell McCotter & Associates. On 25th February 1993, Council resolved to grant
conditional development consent to its road proposal. Condition 2 thereof provides:
"This consent is conditional upon the obtaining of a Licence pursuant to s 120 of the
National Parks and Wildlife Act [as amended by the Endangered Fauna (Interim
Protection) Act the New South Wales National Parks and Wildlife Service prior to any
works commencing."The fauna impact statement and licence application were advertised by the National Parks and
Wildlife Service and a number of public submissions were received, including one from the