At the July 2021 Council meeting, Council adopted the following recommendations relating to the Dinner Plain Montane Swamp Offset Management Agreement (Stockman Agreement):
That Council:
1. Delegates authority to the CEO to commit Council to a six month extension to the Heads of Agreement 'Completion Date';
2. Publishes a copy of the 'Heads of Agreement Native Vegetation and Threatened Offset Management', inclusive of 'Schedule 1 Offset Proposal' however excluding 'Schedule 2 Payment Schedule on Council's website;
3. Notes that the 'Schedule 2 Payment Schedule' is deemed confidential information in accordance with the definition in s3 of the Local Government Act 2020, as it deals with private commercial information, being information provided by a business, commercial or financial undertaking that if released may unreasonably expose the business, commercial or financial undertaking to disadvantage; and
4. Directs parties seeking access to the 'Schedule 2 Payment Schedule' towards the provisions contained within the Freedom of Information Act 1982.
- The Heads of Agreement Native Vegetation and Threatened Species Offset Management [The Stockman Agreement] is available by clicking here.
At the December 2021 Council meeting, Council adopted the following recommendations relating to the Dinner Plain Montane Swamp Offset Management Agreement (Stockman Agreement):
That Council:
1. Delegates to the CEO the authority to commit Council to a further six month extension to the current Heads of Agreement 'Completion Date', with the revised 'Completion Date' being 2 August 2022;
2. Deems that the minutes of the confidential report presented to the Ordinary Council Meeting M3 - 1 April 2014 relating to the Dinner Plain Montane Swamp Offset Management Agreement are no longer confidential, with the exception of the names and titles of individuals, and details of the proposed commercial arrangements, which remain as confidential information in accordance with the definition in s3 of the Local Government Act 2020, as they contain:
a. personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs; and
b. private commercial information, being information provided by a business, commercial or financial undertaking that if released may unreasonably expose the business, commercial or financial undertaking to disadvantage;
3. Publishes on the Alpine Shire Council website a copy of the Ordinary Council Meeting Minutes M3 - 1 April 2014 relating to the Dinner Plain Montane Swamp Offset Management Agreement, with names and titles of individuals and details of the proposed commercial arrangements redacted; and
4. Directs individuals seeking access to the redacted information towards the provisions contained within the Freedom of Information Act 1982.
- The Ordinary Council Meeting Minutes M3 - 1 April 2014 are available by clicking here.
Background
Lots 1, 2 and 3 at Dinner Plain were purchased by Council in 2012. The land was purchased for opportunity and recreational development purposes.
The land hosts significant and high value species, particularly within lot 3 which contains significant vegetation communities along the headwaters of the Victoria River.
In 2013, Council was approached by the Independence Group NL (IGO), which was proposing to carry out underground mining operations to source copper and zinc from two prospects located approximately 19km southeast of Benambra, within the East Gippsland Shire.
As part of the proposed operations, IGO identified the requirement to remove of 0.41ha of Sub-alpine Wet Heathland or Alpine Sphagnum Bogs and Associated Fens.
This vegetation community meets both the Environmental Protection and Biodiversity Conservation EPBC Act 1999 listed ‘Alpine Sphagnum Bogs and Associated Fens’ ecological community and also the floristic community 'Montane Swamp Complex' which is listed under the Flora Fauna Guarantee Act 1988 (FFG).
Both State and Commonwealth legislation requires that an offset is established to compensate for the loss in biodiversity value when native vegetation is removed. An offset is delivered by protecting and managing native vegetation at an offset site.
This protection and management improves the security and condition of the native vegetation, resulting in ‘gain’.
This gain is used to meet the offset requirements when native vegetation is removed. In this case, because the proposed removal of native vegetation is deemed to have a significant impact on the habitat for a rare or threatened species, a 'species offset' is required, where an equivalent habitat is required to be protected and maintained.
IGO sought to enter into a commercial arrangement with Council through which an offset site would be established on Council land in Dinner Plain to offset the loss of vegetation at the site of the proposed IGO operations in East Gippsland.
Following the acquisition by WHSP Stockman Pty Limited of the Stockman Project from IGO in December 2017, an Assignment Deed was signed through which the benefit of the Heads of Agreement was unconditionally assigned from IGO to WHSP Stockman Pty Alpine Shire Council. WHSP Stockman Pty Limited is a subsidiary of Round Oak Minerals Pty Ltd, which itself is owned by Australian ASX listed company Washington H. Soul Pattison Pty Ltd.
Useful information:
- https://earthresources.vic.gov.au/community-and-land-use/key-site-updates/stockman-project
- https://roundoakminerals.com.au/projects/
- https://www.environment.vic.gov.au/native-vegetation/native-vegetation/offsets-for-the-removal-of-native-vegetation
