New South Wales environmental defenders office takes action against developers of freight terminal after the shrub hibbertia fumana found on site

This article is more than 3 years old

This article is more than 3 years old

A newly rediscovered rare plant – thought to have become extinct almost 200 years ago – has sparked a legal action in Sydney’s west against a development that threatens the flower’s only known location.

About 370 specimens of Hibbertia fumana – a small flowering shrub endemic to Sydney – were found on the grounds of the proposed 83-hectare Simta Moorebank transport hub late last year.



On Friday the New South Wales Environmental Defenders Office filed a suit on behalf of residents appealing against the development’s approval.

“As far as we understand, the hibbertia was found on the project site in October last year and was the first time it had been seen since 1823. The planning assessment commission then approved the development in December – but wasn’t provided with any information about this newly rediscovered threatened species,” said the principal solicitor, Elaine Johnson.

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The plant’s discovery was only announced after planning had been approved, with some insiders telling the Sydney Morning Herald they had been pressured to “keep it quiet”. The Greens environment spokeswoman Mehreen Faruqi described it as “something very dodgy”.

For nearly 200 years, the low shrub with yellow, furred flowers was known only through three specimens collected in the 19th century and preserved in a herbarium. Following its rediscovery, it is now listed as “critically endangered”.

The Office of Environment and Heritage lists “loss of existing habitats” and “development of the adjacent lands” as risks to the plant. The NSW scientific committee determined that “infrastructure work in the area is likely to result in further habitat loss and facilitate weed invasion”.

“It is facing an extremely high risk of extinction in New South Wales in the immediate future,” it said.

If approved, the appeal would allow the NSW land and environment court to “sit in the shoes of the original decision-maker” and reconsider the development’s approval, according to Johnson.



Located on an ex-military site, the Simta Moorebank intermodal terminal facility aims to link the shipping access of Port Botany with interstate freight rail. When complete, it intends to receive 1.5m shipping containers a year.

The project’s website says it will create 7,700 jobs, reduce truck freight by more than 2,700 vehicles a day and reduce related CO2 emissions by up to 40,000 tonnes a year.



But it has attracted protest since its announcement, with the federal Liberal MP Craig Kelly calling it a “white elephant in the making” in 2014.

Johnson said the appeal did not have an injunctive effect upon the site, with construction slated to begin this year and operations to begin late next year.



The appeal, filed in the land and environment court under section 89 of the Environmental Planning and Assessment Act, is scheduled for a directions hearing on 13 April.

A Department of Planning and Environment spokesperson confirmed the appeal had been filed but said it was “inappropriate” to comment further as the matter was before the court. Developers had previously indicated the area containing the hibbertia would possibly be left undeveloped in a protective “bio-bank”, but Johnson said that was an insufficient solution.

“It can be one way in which biodiversity is managed but it’s certainly not the strongest or most effective,” she said. “The evidence is clear, Australia’s biodiversity is in rapid decline, and has been for a very long time. We need to do much better if we are going to ensure the survival of our critically endangered species into the future.”