ffiEnvironmental Protection AuthorityWestralia Souare.

l4l St Georges Terrace. Perlh. Weslem Australia 6000.Telephone: (08) 9222 7000. Facsimile:(08) 9222 7155.

Postal Adtuess: PO Box K822,Perth, Westem Australia 6842.Website: www.epa,wa,gov.au

Mr L BoschManaging DirectorMartinick Bosch Sell Pty Ltd4 Cook StreetWEST PERTH WA 6005

Dear Mr Bosch

PROPOSAL:-

LOCATION:LOCALITY:PROPONENT:ASSESSMENT:

Thank you for your letter of 24 March 2005 referring the above matter to the EnvironmenlalProtection Authority.

The Authority has determined that the likely environmental impacts are sufficient to warrant formalassessment of the proposal under the provisions of the Environmental Protection Act. The level ofassessment has been set at Public Environmental Review (PER) with a 6 week public review period.

There is a 14 day appeal period on this decision, closing 2 May 2005. During this period anyone maylodge an appeal with the Minister for the Environment, accompanied by the required $10 iee'requesting the Minister to consider directing the Authority to increase the level o{ assessment or thelength of the public review period.

Please contact the Appeals Conveno/s office on 9221 8711 after the closing date of appeals tocheck whether any appeals against level of assessment or the length of the public review periodwere received.

A formal assessment means that the proponent is required to interact with the Authority to identifypctential environmenta! irnpacts, and th-.n submit to the,quthority plans for managing those impact-".The Authority will then assess lhe proposal and report to the Minister. A copy of the Authoritys reportwill be sent to you when released.

The Environmental Protection Act requires that no decision should be made to allow or implementthis proposal until the Environmental Protection Authority has reported to the Minister lor theEnvironment, and the Minister has aulhorised implementation or otherwise.

The Department's contact officer for this proposal is Emma Glencross whose direct telephonenumber is 9222 8311.

Environmental lmpact Assessment

18 April 2005

iilitrGtrE\ZtrlRllji t g rn zool JlJBY:

Our Ref CRN2I2992Enquiries Emma Glencross

Houtman Abrolhos lstands Tourism Development (Assessment No-1ssg)Long lsland, Wallabi Group, Ablolhos lslands55 to 90 km offshore trom GeraldtonHumfrey Land DevelopmentPublic Environmental Review (PER) with a 6 week public review period

Australian Goverxxexl

Deparlxcxt of lle [:dralment and {eritage

ntrctr[\Ztr]tlll[ z r rpn zoos llJ

Mr Edward ClerkMBS Environmental4 Cook StueetWEST PERTH WA 6005

Dear Mr Clcrk

Tourist Facility and Associated Infrastructure/lloutman Abrolhos IslandVWA(EPBC Ref erence: 2005/2038)

Thank you for the above efer:raL received on 15 March 2005, for dccision whetl]el or notapproval is necded under Chapter 4 of the Enoironment Protectio tltld BiodiaersitllConser'oation Act 1999 (EPBC Act),

The referral has now been considered under the EPBC Act and I have decided that the actionis a controllcd action. Approval is therefore needed under Part 9 of the Act before the actioncan proLeed.

A copy of the document recording my decision is attached for you:r inJormation. I havewritten separately to Hum{rey Land Developments to advise of my decision (copy of letterattached).

Policy & Compliance Branch

a Apm2005

ACT 2601, Telephone (02) 62741111Intcrnet: www.deh. gov.au

Mark FlaniganAssistant Secretary

Gl'O Bo.r. 787 Canberra Facsimile (02) 6274 1666

Auslralian Gover*:nelt

Department of the kvironmeirt *nd Heritage

Mr Barry HunrJrcyHumfrey Land DevelopmentsPO Box 1917GERALDTON WA 6531

Dear Mr Hulrfrey

DECISION ON REFERRAL UNDER EPBC ACTTourisn Facili$ and Associated Inftastrucfu rellloutman Abrolhos Islands/WA

(EPBC Re{erence: 2005/2038)

Ttre above action was received on 15 March 2005 for a decision on whether approval is

needed turder Cl1aptet 4 oI +he EnLriroflmeflt Protection and Biodi..)ersitll Collsetoation Act 1999(EPBC Act). The referral documentation nominated Humfrcy Land Developments as thecompany proposing to udertake the actron. I apologise for the short delay in Providing adecision on your proposal.

The referral has now been considered under the EPBC Act and I have decided that the action is

a controlled action. Approval is therefore needed rrl1der the Act before tlrc action can proceed.

A copy of the document recording my decision is attached for yow information. Irr reachingthis decision, I carefully considered all available inJorrnahon concenring the likelihood ofsignficant impact on the matters of national environnental siSnficance (NES) protected bythe EPBC Act. In particular, in regard to potential impacts on the listed thleatened andmigratory marine species and seabrrds, which are Prctected under the EPBC Act- li/hile I

acknowledge the rutderlying philosophy of the tourist facility as a low density, land basedecotoudsm venture, our view js that the development is likely to facfitate usage by Suestsand associated operatorc of the surrormding marine area and islands that comPrise habitatutilised by Iisted tbieatened and migratory species aird may lead to indrrect imPacts cm thoseprctected matte$.

The Comrnonwealth and Westem Australia have signed a bilateral agreement under section45 of tlrc EPBC Act to provide for accreditation of certain State environrrental assessmentprocesses. I have written to the WA Department of Environrnental Protection to seek adviceon whether the proposal will be assessed tmder tlrc bilateml agreement.

If the assessment is undertaken in a manner described in Schedule 1 to the bilateralagreement, the action will not lequire assessment under Part 8 of the EPBC Act. Please notethat separate Commonwealth approval rmder Pad 9 o{ the EPBC Act is still requiredfollowing completion of the State assessment. My Deparlfrcnt will provide advice to you onthis matter once I have received a response from the State Goverrunent.

You should note that the Batavia and Hadda Shipwrecks are among those listed under theConmonwealth H?'sl ori Shipwrecks Act 1976 and are in the vicinity o{ the ProPosed facility.While encouraging responsible public access to historic shipwleck sites, it Prohibits thedamage, inteference, rcmoval or destruction of items or arfefacts and penalties apply toindividuals or organisations that contravene the provisions of the Act. Hun rcy Land

GPO Box 787 Canberra ACT 2601 Telephone (02) 62747771 Facsilr.ile (O2) 62741666Lrternet: r4.!wv.deh. gov.au

Developments, and any opemtols that may utilise its facilities to access these shiPwrecks aspart of toudsm activities, are strongly encouraged to contact Mr Kael da Costa, theDepaftment's HGtoric Shipwrccks Officei (telepho e 02 6274 2116 or emailkael.dacosta@deh,gor'-au) who can provide advice on the obligations mder the Act-

You should also be aware that the ruins of huts on West Wallabi Island near Long Island(one o{ which is considered to have been built in 1629 by survivors of the Batavia shiPwreck)are ljsted on the Register of the National Estate for historic heritage values. You shouldprovide a copy of arry management/visitation plans formulated with the WA Museum forthese sites to the Heritage Division of this Department Mr Terry Soutberg on 02 6274 2124)for urformation,

the Department's contact for the assesament of your proposal i5 Ms Lesley Donohoe,Assistant Director, Tourjsm and Nafural Resources Section (02 6274 1907).

Yours

FlaniganAsslstant SecretaryPolicy & Compliance Branch

/4 aPrzoos

2

COMMONWEALTH OF AUSTRALIA

ENWRON1TENT PR orE crroN AND BroDr\.ERsrw CoNSERvA?toN Acr 1999

DECISTON ON CONTROLLED ACTION, CONTROLLING PROVISIONS AND DESIGNATION OF

PRoPoNENT

I, MARK FIANICAN, Assistant Secretary, Policy and Compliance Bralrcll DEparhiient ofthe Environment and Heritage, a delegate of the Minister for the Environment and Heritagefor ltre purposes of secao TS ofthe Enoironment Protecho anil Biodbercity Consenmtion Act1999, decide that fhe prcposed actiorL set out in the Schedule, is a controlled action; that thecontrolling piovisions for the action are those set out in the Schedule; and designateHumfrey Land Developments as proponent of the action-

ScHEDULE

the proposed action to develop a tourism facility and associated mftastructure at theHoutrnan Abrolhos Islands, Western Australia, and as described in the rcferal receivedrrnder the Act on 15 March 2005 (EPBC 2005/2038).

The Parl 3, Di \, ision | . controLling provisions a re:. sections 18 and 18A (Listed tlreatened species and communities); and. sections 20 and 20A (Listed migmtory species).

Dated this 1t day of $a-s-'--

POLICY AND COMPLIANCE BRANCHDEPARTMENT OF THE ENVIRONMENT AND HERITAGE

2005

ASSISTANT SECRETARY

COMMONVYEALTH OF AUSTRALIA

ENYIRONMENT PROTECTION AND BIODIWRSITT CONSERT/ATION ACT 1999

DEcrsroN oNCoNTRoLLEDAcrroN, CottrRot t txcPnovlsloNs AI\D DESIGNATION oF

PROPIONENT

I, TANIA RISHNIW, Acting Assistant Secretary, Environme,lrt Assessment Branch, Department of

the Environme,nt and Heritafe, a delegate of the Minister for the Environme,lrt and Heritage for the

purposes of section lS of thJ Z*ronient Protbction and Biodiversity Consewation Act 1999' dwide

itrui ttt" proposd action, set out in the Schedule, is a controlled action; that the controlling provisions

for the uction are those set out in the Schedule; and designate Humfiey Land Developments as

proponent of the action.

Scnnnur,n

The proposed action to develop a tourism facihty and associated infrastructure at the HoutmanAbrolhos Islands, Western Australia, (EPBC 200612792).

The Part 3, Division 1, confiollingprovisions are:o sections 158 and 15C (National Heritage);o sections 18 and 18A (Listd threatened species and communities); ando sections 20 and 20A (Listed migratory species).

Z t r 4

Lto day of f'4fqDatedthis 2006

/\-:...**{\elnqc AssrsrANT sEcRETARY

EI\TVIRONMENT ASSESSMENT BRANCEDEPARTMENT OF THE EIT{VIRONMENT AI{D HERITAGE

Australian GovernmentDepartment of the Envirunrent and Ilnritage

Ms Carolyn BeasleySenior Environmental ScientistMBS Environmental4 Cook StreaWESTPERTH WA 6005

Dear Ms Beasley

Tourlsm Facility and Associated InfrrstructurelLong IsIand/WA(EPBC Reference : 20061 27 92)

Thank you for the above referral, received on l2May 2006, for decision whether or not approval isneededunder Chapter 4 of the Ewironment Protection and Biodiversity Consewation Act 1999(EPBC Act).

The referral has now beeir considered under the EPBC Act and I have decided tbat the action is acontrolled action- Approval is therefore needed under Part 9 of the Act before the action can proceed.

A copy of the documeirt recording my decision is attached for yor.r information. I have writtenseparately to Mr Barry Humfrey of Hunfrey Land Developmeirts to advise of my decision (copy ofletter attached).

Yours sincerely

rr{

FI

a_GTaniaRishniwActing Assistant SecretaryEnvironment Assessrnent Branch

fu May2oo6

GPO Box 787 Canbena ACT 2601 Telephone (02) 62741L77 Facsimile (02) 62747666Internet www. deh. gov.au