Redland City Council’s efforts to obtain approvals for clearing koala habitat are discussed in the third part of our story about the Redlands Sports and Recreation Precinct proposed for land at Heinemann Road, Mount Cotton.
With a block of land, and a precinct plan, the Council had two of the five things it needed to turn its field of dreams into reality. Three things still needed were: money to fund the project, environmental impact approvals, and a contractor to do the works.
Money
Money was a constraint – the full cost of delivering the sports and recreation precinct including rugby league fields, touch football fields, bicycle and BMX tracks, clubhouses, play facilities and trails was estimated by the Council’s design consultant (Bligh Tanner) at $160 million. A Courier Mail story on 5 April 2022, based on leaked information, put the total cost at $200 million which may have included associated infrastructure.
State Government grants of $4.5 million towards bike and recreation facilities were secured, on condition that works were finished by June 2024. The Council decided to stage the project, starting with bike and play facilities, and tree clearing for the football fields which would be Stage 2.
The Council’s 2022/23 Budget adopted on 23 June 2022 allocated “an initial $15 million” to Stage 1 of the Redlands Sport and Recreation Precinct. This would fund site work, mainly tree clearing and earthworks. Much more money would be needed next year to construct facilities.
Councillors enjoyed a few drinks at an after-Budget party. That evening, Mayor Karen Williams crashed her Council car with a 0.177 blood alcohol reading. The aftermath, including her court appearance and calls for her to resign, became a major distraction for elected councillors. Meanwhile, officers pressed on with getting environmental approvals and selecting a contractor.
Environmental impact approvals
The Redlands Sports and Recreation Precinct was to be developed on partly cleared cattle grazing land. The Council engaged various consultants to report on the site’s ecology and advise what environmental approvals might be needed.
Reports by Cardno (June 2019 and January 2021) and Aurecon (June 2021) explained that the site was habitat for various protected species including the Koala which had been designated Vulnerable by the Federal Government in 2012.
Since 2020, State Government planning policies and regulations imposed restrictions on clearing land officially mapped as Koala habitat. Exemptions were available if you knew how to get them.
Planning consultants Mecone were engaged by the Council to help get environmental approvals. On 27 January 2022, Mecone and Council’s project team representatives met with Council’s Development Assessment team at a pre-lodgement meeting.
The option of seeking a ministerial infrastructure designation was raised but rejected because it would take too long. Instead, the approvals strategy was to seek exemptions from State regulations for a significant community project being undertaken by a public sector entity. Mecone obtained these exemptions by 5 July 2022.
Bligh Tanner, the Council’s design consultants, then submitted development applications to Redland City Council, on behalf of Redland City Council:
- An application for tree clearing OPW22/0076 was submitted on 25 July 2022; and
- An application for the first stage of works MCU22/0105 was submitted on 5 August 2022.
Federal environment law
Federal environment law, the Environment Protection and Biodiversity Conservation act 1999 (EPBC Act), operates separately from state and local government regulations. Anyone considering an action likely to have a significant impact on a matter of national environmental significance is required by the EPBC Act to refer the proposal to the Federal Environment Department who consider if assessment as a “controlled action” is required.
The Council was advised at various times since 2019 that it should self-assess if the proposed Redland Sports and Recreation Precinct should be referred under the EPBC Act.
- In June 2019, environmental consultants Cardno said: “If the final design involves the removal of Koala habitat then a significant impact self-assessment will be required. A ‘significant impact’ is an impact which is important, notable, or of consequence, having regard to its context or intensity. The EPBC Act Policy Statement 1.1, the ‘Significant Impact Guidelines’ further lists a set of ‘significant impact criteria’ for vulnerable species. A significant impact assessment must be carried out against these criteria. The self-assessment must include the specific area of Koala habitat that to be impacted, thus this assessment cannot be completed until a preliminary design is available”.
- In January 2021 Cardno said: “ The EPBC Act Significant Impact Self-assessment indicates that the resulting action is unlikely to have significant impact upon a MNES. Nonetheless, referral to the Commonwealth is recommended for adverse impacts to habitat critical to the survival of the Koala”
- In June 2021 Aurecon, who had been engaged to prepare the concept design, provided an environmental report which recommended that Council do: An additional Significant Impact Assessment in accordance with the Matters of National Environmental Significance, Significant Impact Guidelines 1.1 (DotE 2013) to confirm that the Project will not have a significant adverse impact on MNES. The Significant Impact Assessment will focus on the Koala and the Grey-headed flying-fox. Aurecon flagged that an impact requiring approval (under the EPBC Act) may be required when “removing paddock trees where they are habitat critical to the species survival or provide the only movement opportunity / refuge to or between areas of habitat critical to the species survival”. Most of the proposed clearing at Heinemann Road fell into that category.
Koalas gets extra protection under Federal environment law
After thousands of koalas perished in the 2019 bushfires the Federal Government took action to improve koala protection under the EPBC Act. A proposal that the Koala’s conservation status be upgraded from Vulnerable to Endangered (in Queensland, NSW and the ACT) was put out for public consultation between 9 July and 27 August 2021.
On 12 February 2022, Federal Environment Minister Sussan Ley declared the Koala to be Endangered under the EPBC Act. This was accompanied by other Federal Government measures. A Koala Recovery Plan (put out as a draft for consultation in 2021) was published in March 2022. In April 2022 the Federal Government published ‘A review of koala habitat assessment criteria and methods”, recognizing that lightly treed areas could be Koala habitat.
The Federal Government’s increased protection for Koalas was not back-dated. Law firm Corrs Chambers Westgarth explained this clearly on 5 September 2022, saying: “…all new projects which were, or will be, referred under the EPBC Act since the status change will need to be assessed having regard to the endangered status of Koalas”.
If the Council had submitted an EPBC referral BEFORE 12 February 2022, the Heinemann Road story might have ended differently.
Council (finally) does an EPBC referral
In August 2022 Redland City Council officers in the Development Assessment Team pointed out to Bligh Tanner (who were submitting the development applications on behalf of the Council’s project team) that: “The federal (EPBC Act 1999) and state (NC Act 1992) listing of koala and greater glider have been upgraded from vulnerable to endangered since the ecological surveys were conducted in 2019-20 and the EAR [Ecological Assessment Report] was prepared in 2021. Given the high profile of the development and extent of clearing of relevant habitat, it is strongly advised that an updated ecological survey targeting these species is conducted to further inform avoid/minimise/mitigate impacts associated with the proposed clearing.”
At this time there was no indication that the Council was planning to do an EPBC referral even though 550 trees were proposed to be cleared.
On 15 September 2022 the Koala Action Group (KAG) issued a STOP WORK email to the then CEO Andrew Chesterman (with cc to elected councillors and Federal Environment Minister Tanya Plibersek) saying: We write to advise that all work with respect to the development of the Redlands Coast Regional Sport & Recreation Precinct at 277-293 Heinemann Road Mount Cotton – including the awarding of contracts through your delegated authority – should be suspended pending referral of the project to the Federal Government for consideration under the Environment Protection & Biodiversity Conservation (EPBC) Act.
A report by Bligh Tanner was updated on 26 September 2022 to say that the proposed works were being referred under the EPBC Act “and no vegetation clearing is to occur until that referral has been determined”.
On 29 November 2022, the Council referred the Redlands Sports and Recreation Precinct to the Federal Government arguing that the proposed works should NOT be a controlled action. Referral EPBC number 2022/09420 was published by the Federal Government on 30 January 2023 for public consultation. On 27 February the Federal Government decided that this WOULD be a controlled action, assessed by preliminary documentation.
A contract is awarded
On 16 December 2022, Alder Constructions was awarded a contract worth $61,274,400 which included bulk earthworks for the entire site, delivery of the Criterium and BMX facilities, regional level play space including pump tracks, access roads and footpaths, and car parking.
Why did the Council award such a high value contract before learning the outcome of its EPBC referral? Was the Council supremely confident that the Federal Government WOULD NOT make the project a controlled action? Or was the Council desperate to get the works completed by 30 June 2024, the deadline imposed by the State Government as a condition of its $4.5 million grants?
The contract with Alder Constructions was dissolved in late 2024 because the EPBC assessment was “ongoing”.
Koala habitat offsets
At Council meetings in November 2023 starting at time 1:01:00 and August 2025 starting at time 5:01:00 it was explained that the EPBC assessment will remain “ongoing” until Redland City Council submits an acceptable plan to offset the clearing of Koala habitat trees at Heinemann Road. It now seems that re-vegetation of about 150-200 hectares of cleared farming land will be required. This will be an expensive exercise. Most likely, offset land would have to be in another local government area and inaccessible to Redland City residents.
Meanwhile, the cost of the Redlands Sports and Recreation Precinct continues to escalate.
Further reading
In Part 1, the Council bought 159 hectares of bushland and farmland – initially expected to yield 46 hectares for sports fields.
In Part 2, the Council found, after years of planning, that the site could only provide “about 21 hectares of sport and recreation land” – room for three rugby league fields, 13 touch football fields, cycling tracks (BMX and criterium), play area (with water play) and a trail head for horse riders.
In Part 4, Council officers have recommended three times that this land be rezoned to Conservation but the Council wants to use the prospect of rezoning this the land as a bargaining chip in negotiations with the Federal Government to get approval to clear hundreds of trees.
Is it true? Do koalas get extra protection under Federal Government laws? That’s music to my ears after witnessing too many koala deaths near where I live in Capalaba…first, our specially protected wetland site, 29-37 Moreton Bay Rd Capalaba, which was a sanctuary for koalas, on Coolnwynpin Creek corridor, that was lost to us in area between Finucane Rd and the creek by Moreton Bay Rd bridge. No area is protected when deals are done between council operatives and Labor’s Env Minister, in this case, Rod Welford, to fill the forested wetland site by commercial developer with deep pockets. The aftermath was criminal activity, graffiti on towering concrete walls, and a waterway shaded forever. Nor was it safe for locals to venture into what was left of a walkway by creek bank that once you could walk through to Central shops without being mugged on return home. Many families who raised children in the area, left.. due to vandalism and no longer a pleasant environment in which to live. Former neighbor, Lyn, moved onto greener pastures, was informed by then Local Member for Capalaba, Jim Elder, that the only koala to be seen in future, is in the Zoo.