especially the case in relation to populations of Yellow-bellied Glider and Tiger Quoll, even
though precise estimates cannot be given as to current population distribution and abundances.
It is also considered that the definite need for the road has been demonstrated by Shoal haven
City Council and it is noted that development approval under the Environmental Planning and
Assessment Act 1979 has been granted for the construction of the road.
It is also considered that there is uncertainty as to the long-term viability of the local .endangered
fauna populations which are likely to be affected by this road. Long-term development plans for
the locality indicate increasing pressures on existing populations which may become locally
extinct irrespective of whether or not the road is constructed. This is especially the case in
relation to populations of Yellow bellied Glider and Tiger Quoll.
Generally, the ameliorative prescriptions proposed by Council as described in the fauna impact
statement and Council's additional information provide an adequate amelioration of any adverse
effects which the road may have on endangered fauna."
THE HEARING
The Director-General, represented by Mr. Preston, tendered the whole of the relevant National
Parks and Wildlife Service documentation including the review of environmental factors, the
fauna impact statement, the public submissions and further information provided by the Council.
No oral evidence was called. The applicant, Mrs. Leatch, represented by Mr. Dodd, tendered
reports of Mr. Terence Barratt, an environmental scientist with the Water Board and ex-National
Parks and Wildlife Service officer (and a member of the Shoalhaven branch of Australian
Conservation Foundation); Mr. Garry Webb, an expert on the giant Burrowing Frog and Dr.
Roger Coles, an expert on bats. The Council, represented by Mr. Webster, tendered reports form
two of its officers, Messrs Murray and Aber; Dr. Kevin Mills, ecological and environmental
consultant; Mitchell McCotter, planning and environmental consultants; Dr. Alan York, a wildlife
ecologist with State Forests and Mr. Robert Nairn, a transport planner and economist.
The parties also tendered a number of plans, photographs, background reports and
documentation. It may be reasonable to summarise the thrust of the evidence as principally
concerning the impact of the road proposal on the Yellow-bellied Gliders living in the vicinity
and their habitat and the likely impact of the road on the Giant Burrowing frog. Besides these
species it may be concluded that the evidence does not establish that any other species of
endangered fauna is likely to be taken or killed in the course of carrying out the development. No
licence is therefore required for those animals. The applicant placed emphasis on the perceived
lack of exploration of the alternative northern route via West Cambewarra Road as a factor to
balance against the application for a licence to take or kill endangered fauna.
THE VALIDITY OF THE FAUNA IMPACT STATEMENT
The applicant submits that the fauna impact statement is invalid or legally inadequate as failing to
comply with S.92D (l)( c) of the Act. In particular, it is submitted that there was a failure to
include "to the fullest extent reasonably practicable" a description of the fauna affected by the
actions and the habitat of the fauna (S.92D (I)(c)(i». Particular reference is made to the non-
inclusion of the Giant Burrowing Frog. Should the fauna impact statement be found to be legally
inadequate, the applicant submits that there is no jurisdiction in the Court to embark on the
appeal.