How Can Flora and Fauna Cause Delays?
Infrastructure, residential, and commercial construction projects can potentially impact natural habitats, affecting flora and fauna.
Construction of a residential development west of Melbourne, Victoria was recently impacted by the presence of a thought to be extinct species of lizard, called the “Victorian grassland earless dragon”. The rediscovery of the lizard will mean that the development will likely need to be suspended until an alternative plan can be put in place that preserves the habitat and encourages the survival of the species.
A similar experience on a water pipeline project in central Victoria, involved the recognition and preservation of several protected species, notably the “matted flax lily” and the “legless lizard”. In order to preserve the habitat whilst delivering a critical piece of infrastructure, it was necessary to relocate a pumping station and tunnel under an area of forest, rather than through it.
“Finding a balance between sustainable urban development and the preservation of the environment is difficult, though the preservation of precious habitats should take precedence. ”
Whilst the planning and approvals process considers the potential environmental impact of a development, the discovery of protected flora and fauna during the construction phase of the project could result in lengthy delays.
It is imperative that the contractor understands its obligations under the Contract. Environmentally sensitive projects will typically require the contractor to prepare, seek approval of and follow an Environmental Management Plan (EMP) in relation to the site-specific environmental impact assessment.
The contractor must also understand its entitlement to claim delay and damages as a result of a latent condition relating to flora and fauna.
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