Friends of Callum Brae Nature Reserve convenor Pamela Collett (with her partner Jim Lindsay) says the group hasn’t finished its fight against a proposed crematorium next door to the reserve. Photo: Supplied.
The ACT Civil and Administrative Tribunal has ordered a controversial proposed crematorium can go ahead in Symonston but development has to take every step to not destroy mature, critically endangered trees.
Friends of Callum Brae Nature Reserve Inc took the proposal to ACAT more than a year ago but the hearings were suspended awaiting the outcome of a reconsideration request to the Federal Department of Climate Change, Energy and Environment (DCCEEW).
This was for the department to reconsider its ruling that the crematorium complex was not a “controlled action” under the Environment Protection and Biodiversity Conservation (EPBC) Act.
The ruling had meant the proposed development could go ahead without further environmental studies. The ACT Conservator of Flora and Fauna also previously indicated that it wouldn’t have a “significant adverse environmental impact” which meant an environmental impact statement wasn’t required.
Friends convenor Pamela Collett said it took the federal department a year to respond, and on 20 March it notified it would not change the original decision.
“[Then] ACAT sent us their decision: the private crematorium complex could proceed but should not try to destroy critically endangered trees, some of whom are at least 200 years old,” she said.
“It takes 200 years for yellow box and Blakely’s [red gum trees] to form hollows which is what parrots and small mammals need for breeding.”
The tribunal’s decision ordered the development needed to adjust its plans to retain 11 trees, realign one of the service roads to enable the retention of a further 10 trees (unless it was demonstrated there was no “realistic alternative” to removal), retain three other trees unless removal was unavoidable, and to also screen plant suitable tree and plant species consistent with the character of the site and adjacent Callum Brae Nature Reserve.
“Emphasis should be given to measures to prevent fragmentation of swift parrot habitat in the immediate and short term (one to five years) including by preserving existing trees that may not presently be suitable as swift parrot foraging habitat but may become suitable as they mature, and by planting advanced specimens where possible,” the tribunal ruled.
The crematorium was first put forward in 2018 and plans lodged in 2021.
It would be located on about 9.7 hectares at the corner of Mugga and Narrabundah lanes in Symonston.
Its footprint is generally on the southern central part of the site, constrained by potential archaeological areas of “significant heritage value” and a deep band (about 100 metres) of remnant box gum woodland.
The tribunal found while the development would have a “negligible” impact on the landscape quality of the area on the whole, the plans for the southern boundary (with Callum Brae Nature Reserve) would “detract materially” from the landscape quality of that area, “particularly the northern outlook from Callum Brae”.
As for impacts on the swift parrot, the tribunal ruled the development would have a greater impact than assessed by the DCCEEW.
“The tribunal considers the potential fragmentation of swift parrot habitat associated with the development, removal of mature trees and the growth times for compensatory replacement trees, cannot be dismissed considering the evidence [from experts],” it stated.
“The tribunal recognises the proponent has gone to considerable trouble to contain the development footprint, the associated service infrastructure requirements related to retention of trees, the restoration intentions to replant with box gum woodland post vegetation clearance and tree removal, and the identification of potential swift parrot foraging habitat to be removed or retained.
“However, the tribunal is not persuaded sufficient steps have been taken to limit the fragmentation of swift parrot habitat in the immediate to short term.”
The tribunal felt its conditions around screen planting, road realignment and retention of trees slated for removal would ameliorate these concerns.
Ms Collett said the ACAT ruling didn’t mean the fight to stop the development was over.
“We continue in our challenge to [multinational funeral services company] InvoCare and ACT Planning and Land Authority,” she said.
“By proceeding with the crematorium complex … InvoCare will undermine its social license with the surrounding community and demonstrate a lack of concern for critically endangered trees and birds, and for the community’s interest in protecting this threatened ecological community.”
The group has called for a legislative inquiry into the Planning and Land Authority’s assessment of the proposal, as well as an in-depth environmental assessment of the development.
