PLANS for a new 250-home residential estate in Dromana could be reconsidered under federal environment laws as the Mornington Peninsula Shire pushes to protect a threatened lizard species within the site. The shire will formally make a submission to federal Environment Minister Tanya Plibersek requesting that the proposed development of land at 62 Collins Rd and 170 Boundary Rd in Dromana be deemed a “controlled action” to protect the swamp skink, a nationally endangered species of lizard. The proposal includes 250 residential lots, a new 6.99-hectare conservation reserve that would protect existing “high-value” native vegetation, additional public open space areas and associated infrastructure.
Land at the site has been identified in council’s adopted Housing and Settlement Strategy: Refresh 2020-2036 (July 2020) as an “investigation area” where more housing may be suitable. A planning scheme amendment (known as Amendment C249morn) and a planning permit to subdivide the land, which was submitted by the developer to the shire, has been with the state government for review since September 2021. But while a decision by Planning Minister Sonya Kilkenny has yet to be announced, the request from council was made before the swamp skink was listed as endangered under the Commonwealth’s Environment Protection and Biodiversity Conservation Act (EPBC) on 25 March 2023.
Swamp skinks grow up to 250mm in length and occupy densely vegetated wetlands both saltwater and freshwater. Land clearing, changing water regimes, and climate change have led to their habitat loss.
According to a council report, the developer had identified swamp skink habitat on site and lodged a referral with council on 13 January. Plibersek now has the power to decide how the potential impact of the “controlled action” should be assessed within a 20-business day period after the referral was released for public feedback in early February.
“Significantly, the proponents submitted that the proposed development should be a ‘controlled action’, acknowledging that the development will have a significant impact on the swamp skink because of proposed removal of the species’ habitat from the subject land,” the report, published in February, said. The proposed site supports about 22.88 hectares of swamp skink habitat however the plan would currently seek to remove about 17.09 hectares of habitat, which the shire said, “would likely result in significant impacts to swamp skinks”.
“Shire officers note that there are opportunities for the proponent to further avoid and mitigate impacts of the proposed development within the current subdivision design (such as increasing the size of the proposed conservation reserve) which should be fully explored during the EPBC Act process,” the shire report said.
Councillors unanimously approved a recommendation from council officers to advocate for the protection of the swamp skink at the proposed site while imploring the developer to “re-consider the implications of the proposed project” under the Environment Effects Act, which has been detailed in a submission to be sent to Plibersek.
Deputy mayor Cr Paul Pingiaro said, “I think that it’s quite important that we move forward and adopt the recommendation. There’s a 6.99-hectare reserve in there and I’m all for the skinks but if we don’t act swiftly ourselves, with what the Premier said today, that might be taken out of our hands. That’s why I’ll be voting in favour.” Pingiaro was referring to the Premier’s comments about the state’s new housing targets, in which Jacinta Allan issued a warning to all councils to “work with us to unlock space for more homes or we’ll do it for you”.
Cr David Gill said while he understood some residents opposed development, he believed the plans had sought to achieve the “best outcome” in terms of “ecological values,” but further protecting the swamp skink has “now thrown another element and maybe it’ll help further those values”. “I’m looking forward to the outcome knowing that we started off from a very low base and we’ve improved the situation for the council’s actions in trying to have the amendment and now we might be able to perhaps improve this a little further,” he said. “Certainly, going through this process is necessary.”
Cr Patrick Binyon, whose Brokil Ward covers Dromana, applauded the decision to seek controlled action.
Through the recommendation, a review from the developer would also have to be provided to the Victorian Planning Minister and the Federal Environment Minister. The Federal Environment Minister will ultimately decide whether to approve the proposed development with or without conditions or refuse it outright, which cannot be appealed unless an error in law is made. If the proposal was knocked back, the developer can redesign the project and make a new referral request.
First published in the Mornington News – 11 March 2025
