Environmental impact statement submission

Comment on the draft terms of reference (TOR)—Aquis Resort at the Great Barrier Reef project
Comments close at 5pm on 9 September 2013
Organisation (if applicable):
Cairns and Far North Environment Centre Telephone:
Address:
PO Box 323N, Cairns North, QLD 4870 Section of TOR
Describe the issue
Suggested solution
Send your completed comment form to one of the following: Privacy: The Coordinator-General is authorised to collect personal information under sections 24 and 29 of the
State Development and Public Works Organisation Act 1971. Your personal information will be used for the purpose of considering your comments, assessing the draft TOR, completing the EIS process and the performance of functions under the Act and other legislation relevant to the proposed project. Your personal The Coordinator-General information will be disclosed to the project proponent and other government agencies that are involved in the c/- EIS Project Manager—Aquis Resort at the Great Barrier Reef proposed project and is also subject to disclosure under the Right to Information Act 2009. Your personal Coordinated Project Delivery information will not otherwise be disclosed, unless disclosure is authorised or required by law, or is permitted under the Information Privacy Act 2009. City East QLD 4002 Australia Note: Under section 157O of the SDPWO Act, it is an offence to give the Coordinator-General a document that
contains information known to be false or misleading. Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
The definition of environment that applies should be set out in full, For the purposes of the EIS process, ‘environment'
not merely referred to. includes –
(a) ecosystems and their constituent parts, including
people and communities; and
(b) all natural and physical resources;
(c) the qualities and characteristics of locations,
places and areas, however large or small, that
contribute to their biological diversity and
integrity, intrinsic or attributed scientific value or
interest, amenity, harmony and sense of
community; and
(d) the social, economic, aesthetic and cultural
conditions that affect, or are affected by, things
mentioned in paragraphs (a) to (c).
A comprehensive cumulative impacts analysis should be a Remove: The absence of a comprehensive cumulative requirement in the EIS. impacts analysis need not be fatal to the project. The EIS should provide an overview and assessment of the risks Instead: An EIS should describe the expected benefits
and potential harms associated with the project as well as the and opportunities associated with the project, as well as
expected benefits and opportunities. the potential negative impacts of the project.
Given the scale of the project, effective community consultation is Add: including methods of engagement, number of
extremely important. participants, and any identified bias, conflicts of interest,
or screening of participants.
The proponent's complete environmental record is relevant. Delete: during the previous ten years.
Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
The project's relationship to the environment, (where environment Insert after (d): (e) relationship to the environment
has its inclusive statutory meaning), should also be specifically
described.
This section should include contaminated soil in the list of soils to Add ‘contamination' to the list of soil types requiring
be identified as requiring management. particular management. The site is highly vulnerable to flooding and storm surge as well Add: Include projected climatic changes such as sea level
as climate change impacts such as sea level rise. This section rise, likelihood and severity of future flood events, and
should include a requirement to incorporate climate change projected intensity of cyclones and associated storm
projections into the climate summary. surge events.
This section is not very clearly drafted and should be improved for Describe the climate patterns at (and surrounding) the
the final terms of reference.
site that are relevant to the construction and operation of
the project and the environmental assessment of the
project. Climate information should be presented in a
statistical form including long-term averages, extreme
values and predictions based on the forthcoming
Intergovernmental Panel on Climate Change (IPCC) Fifth
Assessment Report (AR5).

Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
This section should also include details of the proponent's Add (q): contingency planning including the proponent's
contingency planning in case the construction of the project remediation strategies in the event of problems, delay or
encounters problems, delay, or failure. In particular the proponent failure of the project. Particular reference should be
should address the arrangement for the funding of remediation made to the bonds/securities that will be provided to
works and reimbursement of the local and state authorities for any ensure remediation of the site and reimbursement of
infrastructure changes made to service the site. The proponent
local and state authorities for infrastructure expenditures
should present a range of alternatives for ensuring that the made to service the site. Benefit of the bonds/securities to
community is not left with an environmentally degraded site be gifted to a trust for the benefit of local and State and/or an expensive eyesore. governments prior to commencement of works. The project would constitute a major change in direction for land After: ‘Provide a copy of the proposed plan of development' use planning in the region and full consideration of the Add: .identifying features of the project which conflict
implications of this change in direction is critical. with the current planning scheme including building
heights, zoning, visual amenity and density.
The ‘surrounding area' includes the Great Barrier Reef and Wet Add after (c): (d) reference to the outstanding universal
Tropics World Heritage Areas. The compatibility of the project values for which the surrounding World Heritage Areas
with the outstanding universal values of these two unique were inscribed on the World Heritage List, and any
locations should be discussed in detail. dangers posed by the project to the integrity and
conservation of those Areas.
The site is vulnerable to flooding and storm surge impacts, which Add: (e) risks to public safety and property from coastal
have significant implications for public safety and land use in the hazards such as storm surge and flooding at the site and
in adjacent lands.
Existing planning instruments have been developed to manage Add: …identifying aspects of the project which conflict
land use in the region and to protect visual amenity and with these existing planning instruments and providing
environmental values. Seeking to override these instruments proposed justification for seeking to override these.
constitutes a major shift in land use planning for the region and the implications of this should be considered in detail. Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
The buildings will be higher than some other significant land Add: including three dimensional modelling of visual
marks in the area, including Yorkey's Knob. To ful y understand amenity impacts.
the visual amenity impacts of this, 3D modelling is required. The CairnsPlan acid sulphate soils overlay for the Barron- Add: Provide details and results of any field surveys and
Smithfield District indicates that the entire site is a potential acid investigations undertaken, and show how these results
sulphate soil area. Given that further investigations will have to be have been incorporated into the management strategies
undertaken, the details and results of these investigations should
for dealing with acid sulphate soils. Detail the
also be included in the EIS. management strategies for acid sulphate soils. If acid
sulphate soils are to be removed from the site, detail how
they will be managed at the removed location.

The site has previously been contaminated by illegal dumping of Testing for hydrocarbon contamination should be a More emphasis on the Great Barrier Reef and matters of national Change to: (a) matters of state significance environmental significance is needed. Add: (b) matters of national environmental significance
including the Great Barrier Reef and Wet Tropics World
Heritage Areas
The site is adjacent to the Great Barrier Reef lagoon and is Change existing (b): ‘terrestrial and aquatic ecosystems surrounded by tidal waters. There is a high likelihood of the (including groundwater-dependent ecosystems) and their project resulting in impacts on the marine environment. interaction' ADD: as well as marine and estuarine
ecosystems and upstream and downstream effects,
including impacts on recreational fishing.

Impacts on remnant vegetation on and near the site should also Add (i): impacts on remnant vegetation on or near the
be described in detail. Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
The threatened or near-threatened species should be listed and Add after ‘In particular': any threatened or near-threatened
measures to protect and preserve each species should be species should be identified by name and measures to
individually addressed. protect and preserve each species should be addressed.
The Commonwealth legislation and policies to be addressed by Identify all the relevant Commonwealth legislation and the proponent should be named, as should all the relevant policies as well as all the relevant international treaties for the international treaties. proponent to address. (Perhaps each instrument could form a separate subsection of 7.15.) With reference to the international treaties dealing with migratory In relation to the international treaties dealing with migratory species: all the migratory species which may be impacted by the species: List all migratory species which may be
development should be identified, and the compatibility of the impacted by the project and discuss the compatibility of
development in relation to Australia's treaty obligations discussed the project with Australia's obligations under JAMBA,
in detail.
CAMBA and ROKAMBA.
The Barron River floodplain is a dynamic coastal system and Add: avoid the need for waterway barriers or engineering
expert opinion suggests that in time the mouth of the Barron River solutions which prevent natural coastal processes….
wil natural y shift so that Richter's Creek wil be the new Barron
Add: Identify the likelihood or otherwise of future rock
walls or rock of creeks or any engineering solution to
secure the banks/boundaries of the creek.
This is unclear. Instead: Describe how the achievement of the objective
would be monitored and audited in (a) the construction
phase of the project and (b) the operation phase of the
project. Describe how corrective actions would be
managed in both phases.

Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
Immediate and long term impacts should be measured. Add: Including collection of baseline data as well as
monitoring programs during construction and plans for
long term monitoring during operation of the resort.
Some of the waters that will be directly impacted by this project Development is planned, designed, constructed and
are Commonwealth waters (the Great Barrier Reef Marine Park) operated to protect the environmental values of
and include the Great Barrier Reef World Heritage Area. The Queensland and Commonwealth waters, as well as the
‘objective' for Water Quality should be reframed to capture the full outstanding universal values of the Great Barrier Reef
context of this project.
World Heritage Area.
It would also be helpful if the Water Quality Objective listed the The project must support the achievement of the
water quality objectives that the project should comply with. following water quality objectives: …
The creeks on the site flow directly out to the Great Barrier Reef Add: …water levels, water quality, discharges and
lagoon. Therefore there needs to be greater emphasis on freshwater flows. identifying and avoiding potential water quality impacts of the The Water Quality Information requirements do not directly After 7.19 add: 7.20 Detail the complete wastewater
request a detailed description of the proponent's complete management strategy for the project in (a) the
wastewater management strategy for the project. This is essential construction phase and (b) the operational phase of the
for determining what the impacts on hydrology, surface waters
project.
and groundwater will be. Runoff from such a large development will be substantial. Details Add: …including stormwater runoff…
on how this will be managed are needed. Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
After 7.21 (add) Water quality information must include details about predictive Add: Describe likely contaminants that will be
pollutant discharges such as pesticides (particularly from the golf discharged, including pesticides, heavy metals,
course), polycyclic aromatic hydrocarbons and heavy metals as hydrocarbons and other emerging contaminants. Detail
well as emergent contaminants like pharmaceuticals and whether discharges will be treated (i.e. direct runoff or
metabolites (oestradiol, ethinyl-oestradiol, diclophenac, treatment via wastewater treatment plant), the likelihood
of contaminants persisting in the environment, and the
possible effects of persistence.
After 7.21 (add) The water from the swimming pool has the potential to Add. Detail how the water from the swimming pool will be
contaminate the lagoon, which would then flow out and cycled and treated, including methods for avoiding
contaminate the Great Barrier Reef. leakages of treated water and chemicals into the
surrounding environment.
The rate of water exchange will be crucial for maintaining water Add: Identify likely solutions for problems such as
quality in the lagoon. There is potential for the project to result in insufficient water flow leading to contamination of lagoon
ongoing environmental impacts if the proposed rate of water water. Detail likely immediate consequences and how
exchange is insufficient to maintain water quality. This would lead these would be managed as well as longer term reactions
to contamination of surrounding areas and ongoing proposals for to the problem including likelihood of construction of
engineered solutions to the problem, with higher environmental rock walls and larger entry and exit pipes as solutions.
Add: Identify likely energy costs and direct environmental
impacts of the water pumping and filtration system.

Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
It is essential, given the location of the development, that the Instead: Assess the potential and cumulative impacts of:
cumulative impacts of such a large project on the receiving
point-source, diffuse and external-source (wastewater
waters (including the Half Moon Creek Fish Habitat Area, and the treatment plant) discharges on the quality and quantity of
Great Barrier Reef World Heritage Area) should be assessed. receiving waters taking into consideration the
Assessment should include analysis of point-source wastewater assimilative capacity of the receiving environment and
discharges, as well as diffuse and external-source discharges the practices and procedures that would be used to avoid
(including the effect on receiving waters of the increased load on or minimise impacts. ‘Receiving waters' to include the
existing wastewater treatment facilities which the proponent may creeks in the catchment which will be directly impacted
propose to utilise). by discharges from the project, and the waters into which
these creeks drain, including the Great Barrier Reef
World Heritage Area.

The site is adjacent to the Great Barrier Reef. A flood event Add: (e) preventing sediment runoff in the event of
during construction would carry large volumes of sediment out to flooding during construction
the reef, with serious negative consequences for marine life. The proponent's Initial Advice Statement raised the risk of Add: (f) contamination of the lower aquifer.
contamination of the lower aquifer if the older alluvium at the site was disturbed. The proponent also indicated that the project would require the driving of piles into the older alluvium to support most of the proposed buildings. Section 7.24 should require the proponent to describe the monitoring and auditing of, and contingency plans for, the risk of contamination of the lower aquifer. Mitigation strategies. After ‘Provide details of the safeguards…' insert: and
mitigation strategies …
Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
More than an outline of emergency management procedures Instead of ‘Provide an outline of' insert: Detail the proposed
should be provided. The site is vulnerable to isolation during integrated emergency management planning procedures… major flood events, and cyclones. The Barron River floodplain is a dynamic coastal system and Add: Describe… options for protecting property from
expert opinion suggests that in time the mouth of the Barron River fluvial migration, in particular from the predicted change
will natural y shift so that Richter's Creek wil be the new Barron
in bifurcation of the Barron River which would result in
Richter's Creek being the new Barron River mouth.
It is highly likely that the proponent will seek to install engineering solutions such as rock walls or other permanent structures to prevent this from happening. The environmental impacts of such measures would be severe. The Barron River floodplain is a dynamic coastal system and Add: including likely future requirements to protect
expert opinion suggests that in time the mouth of the Barron River property from flooding and from flood-related damage.
wil natural y shift so that Richter's Creek wil be the new Barron
River mouth. It is highly likely that the proponent will seek to install engineering solutions such as rock walls or other permanent structures to prevent this from happening. The environmental impacts of such measures would be severe. The project wil change the community of Yorkey's Knob and the Add: … including implications for cost of living,
broader Cairns community. Full consideration of the social consequences of increased gambling in the community,
implications of the project must be considered. and impacts of competition on existing local businesses.
Provide details of the kind of employee-skills required for
the construction and operation of the project, and assess
whether the local community will be able to provide
employees with the requisite skills, and to what extent.
Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
The project wil change the community of Yorkey's Knob and the Add: …including analysis of impacts on existing local
broader Cairns community. The estimated increase in the businesses due to duplication of businesses.
population of up to 50,000 people over the next few years will Add: Provide detailed modelling of the business
have considerable social impacts. Full consideration of the social outcomes including minimum guest turnover for viability,
and economic implications of the project must be considered. projected revenue going to the Queensland Government,
and projected rates paid to Council.
Add: Discuss access to adequate housing, housing
affordability and location of additional housing.
Visual amenity and character are key reasons why many choose Add: Describe the changes to visual amenity and
to live in Yorkey's Knob and the broader region. The proposed neighbourhood character that would result from this
development would significantly alter both the visual and social project, including measures that will be undertaken to
landscape of the area, resulting in major changes for residents. reduce impacts on visual amenity and neighbourhood
character.
The community should not have to bear the cost if the project Require irrevocable bonds/securities from the developer encounters problems, delay or failure. The proponent should sufficient for site remediation and reimbursement of provide a bond sufficient to cover site remediation and reimburse infrastructure expenditures in the event of project failure government authorities for costs of changes made to either during or following construction. Benefit of the infrastructure to service the site. The bond should be paid into a bonds/securities to be gifted to a trust for the benefit of local, trust for the benefit of local and/or state governments. State and/or Federal (in the case of remedial works required to remedy a breach of any environmental authority the breach of which places matters of national significance at risk) governments prior to commencement of works. After 8.12 (add) Such a large project will consume a large volume of water. Given Add: Detail the systems and technologies that will be
constraints on the region's water supply, there should be a used to optimise water efficiency and reuse.
greater emphasis placed on water efficiency. Waste disposal is a complex issue given limited landfill space in Add: Detail predicted volumes, options for reuse and
the region and distance from recycling facilities. recycling, planned methods of disposal, and location of
disposal, as well as the waste minimisation strategies to
be employed.
Comment on the draft terms of reference—Aquis Resort at the Great Barrier Reef project
Section of TOR
Describe the issue
Suggested solution
Crocodiles are part of the ecology of the region and hold appeal Add: Detail methods to encourage safe coexistence of
with tourists. Emphasis should be on living with these animals crocodiles and people at the site and methods proposed to
where possible rather than relocating animals. relocate animals and prevent their entrance to the site. Mosquitos and sand flies are likely to be problematic at the site. Add: Include details of pesticides to be used, volumes to
Fogging is likely to be proposed to manage their populations, be applied and regularity of use.
which has impacts on water quality. After 8.23 (add) Cultural heritage on the site should be protected. Add: Detail how the project will work with traditional
owners to protect known cultural heritage sites and
encourage cultural respect and learning.
Traffic congestion and impacts of the road upgrade should be Add: Detail likely impacts on traffic congestion and
considered in full. implications for local residents.
The increased volume of air traffic may result in renewed calls for Add: Discuss whether the increased volume of air traffic
construction of the ‘movement expansion precinct' (second will result in the construction of the ‘movement
runway), which would result in large areas of mangrove expansion precinct' (second runway). If likely to result in
vegetation being cleared. the construction of the second runway, detail likely
impacts of this.
On-site energy generation is more efficient and results in better Add: Indicate (as a percentage) how much energy from
environmental outcomes. The majority of electricity supplied to renewable sources will be used in (a) the construction
Cairns is generated hundreds of kilometres away. Transmission phase and (b) the operational phase of the project.
losses are around 30%. Outline strategies for enhancing the energy efficiency of
the project during both phases, and detail how much
energy will be generated onsite, and by what means.
Contaminants in wastewater should be considered. Add: (f) options assessed for treatment of emergent
wastewater contaminants such as pharmaceuticals and
UV filters (sunscreens) introduced by the development.

Source: http://cafnec.org.au/download/submissions/Final%20TOR%20submission%20CAFNEC%20Sep%202013.pdf