Adani. Appendix B11 Marine Turtle Nesting Surveys, Abbot Beach

Adani Appendix B11 Marine Turtle Nesting Surveys, Abbot Beach

Terminal 0 Environmental Impact Statement Abbot Point Coal Terminal 0 EIS Adani

Table of Contents Section 1 Marine Turtle Nesting Surveys Abbot Beach... 1 1.1 Purpose... 1 1.2 Background... 1 1.2.1 Flatback Turtles... 2 1.2.2 Green Turtles... 3 1.2.3 Previous Studies at Abbot Point... 4 Section 2 Survey methods... 5 Section 3 Results... 6 3.1.1 Walking transect... 6 3.1.2 Beach habitat suitability... 9 Section 4 Conclusion... 10 Section 5 References... 11 List of Figures Figure 1 1 Nesting locations in northern and eastern Australia for Flatback Turtles (from Limpus and Miller 2008)... 3 Figure 1 2 Nesting locations in northern and eastern Australia for Green Turtles (from Limpus and Miller 2008)... 4 Figure 1 3 Marine turtle nesting survey results Abbot Beach (Dec 2012)... 8 List of Tables Table 1 1 Conservation status of marine turtles found in Australian waters... 2 Appendices Appendix A Disclaimer and Limitations Marine Turtle Nesting Surveys Abbot Beach iii

Marine Turtle Nesting Surveys Abbot Beach Adani Mining Pty Ltd Document History and Status Revision Date Issued Reviewed By Approved By Date Approved Revision Type Rev A 20/2/2013 Dr Toivo Zoete Dr Toivo Zoete 20/2/2013 Draft Rev 0 22/2/2013 Brett Taylor/Daryl Dr Toivo Zoete 26/2/2013 Final McPhee Distribution of Copies Version Date Issued Quantity Electronic Issued To Rev A 20/2/2013 1 Gordana Vidovic Rev 0 26/2/2013 1 Gordana Vidovic Printed: 26 February 2013 Last Saved: 26 February 2013 03:33 PM File Name: CDM Smith B12859.0 RPT Draft Turtle Nesting Report Abbot Beach RevA 200213.docx Author: Daryl McPhee and Brett Taylor Project Manager: Toivo Zoete Client: Adani Mining Pty Ltd Document Title: Marine Turtle Nesting Surveys Abbot Beach Document Version: Final Project Number: B12859.01 Marine Turtle Nesting Surveys Abbot Beach iv

Section 1 Marine Turtle Nesting Surveys Abbot Beach 1.1 Purpose This report provides the results of surveys of Abbot Beach to assess its use as a nesting site by marine turtles. CDM Smith was commissioned by Adani Mining Pty Ltd to carry out surveys along beach and dune habitat located adjacent to the proposed T0 Coal Terminal facility to ascertain the potential use of the area by marine turtles as a nesting site. The study area is located approximately 20 km north west of Bowen on the north Queensland coast. The surveys were carried out as part of commitments outlined in Section 3.9.8 of the Abbot Point Terminal 0 Draft Environmental Impact Statement (2011), which includes undertaking a monitoring program to manage the potential impacts of lighting from the Project on nesting turtles during and after construction. The surveys were carried out to reflect baseline conditions prior to development of the proposed terminal. Artificial lighting can lead to avoidance of nest beaches by breeding adult marine turtles and may impact a hatchling turtle s ability to orientate when leaving the nest (Witherington and Martin 1996; Pendoley 2005; Limpus 2008). It has been reported that marine turtles avoid beaches with excessive light pollution. In effect, light pollution leads to habitat loss (Witherington and Martin 1996). Hatchlings may suffer increased mortality by becoming lost in vegetation and through heat exhaustion (Limpus 2008). Hatchlings may also be at greater risk of predation from terrestrial species that observe them leaving the nest (Pendoley 2005). 1.2 Background Marine turtles are long lived and late maturing with maturity reached at between 30 and 50 years of age (Miller 1996). Marine turtles nest on mainland coastal beaches and offshore islands. Most marine turtles are highly migratory and undertake extensive movement between foraging and nesting areas and also significant movements between life stages (Limpus et al. 1993; Miller et al. 1998). However, individuals can be attached to site specific foraging areas for long periods of time. Female marine turtles emerge from the water, generally at night, and move up the shoreline to select a nesting location. Most females do not nest in consecutive years (Miller 1996). However, a female marine turtle may lay several clutches of eggs per year (Limpus et al. 1984). Nesting marine turtles generally demonstrate fidelity to a nesting beach and return to nest on their natal beach with a very high degree of precision (Limpus et al. 1984). Nesting generally occurs between the high water mark and the fore dune, however, nests may also be laid below the high tide mark (Whiting et al. 2007). If inundation of nests is significant, the nest becomes unviable. The process by which turtles select nesting sites along a beach has not been clarified (Miller 1996), however light regime is considered to have a significant influence on the emergence of female marine turtles from the ocean. Once hatched, lighting cues are also identified as critical for hatchlings to move from the beach to the ocean a behaviour known as sea finding. In simple terms, where there are no anthropogenic light sources, hatchlings move away from the dark silhouetted shoreline towards the brighter ocean horizon. Brightness in this context, however, is a term encompassing wavelength and intensity (Witherington and Martin 1996). Further, the heterogeneity of the light regime can also act as a cue. That is, hatchlings may orientate away from a horizon that has spatial patterns of light and shadow which in practical terms would see them Marine Turtle Nesting Surveys Abbot Beach 1

Marine Turtle Nesting Surveys Abbot Beach Adani Mining Pty Ltd orientate away from the shore and head towards the more homogenous light environment of the ocean horizon (Godfrey and Barreto 1995; Witherington and Martin 1996). The sex ratio of turtle hatchlings is dependent on the temperature of incubation which is a function of sand colour. Nests in darker sand incubate at higher temperatures and produce more females (Hays et al. 2001). The conservation status of marine turtle species found in Australian waters is described in Table 1 1. Currently, there is a Recovery Plan in place under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) for all marine turtle species in Australia. The Abbot Point area provides both foraging and nesting habitat for a number of species of marine turtles. Surveys by Bell (2003) identified that Abbot Point provides nesting habitat for both Flatback Turtle (Natator depressus) and Green Turtle (Chelonia mydas). Table 1 1 Conservation status of marine turtles found in Australian waters Species name Scientific name Conservation status 1 IUCN EPBC NC Green Turtle Chelonia mydas Endangered Vulnerable Vulnerable Hawksbill Turtle Eretmochelys imbricata Critically Vulnerable Vulnerable endangered Flatback Turtle Natator depressus Data deficient Vulnerable Vulnerable Olive Ridley Turtle Lepidochelys olivacea Vulnerable Endangered Endangered Leatherback Turtle Dermochelys coriacea Critically Vulnerable 2 Endangered endangered Loggerhead Turtle Caretta caretta Endangered Endangered Endangered 1 Status: IUCN = The International Union for the Conservation of Nature; EPBC = Commonwealth Environment Protection and Biodiversity Conservation Act 1999; and NC = Queensland Nature Conservation Act 1992. 2 The leatherback turtle has been nominated as critically endangered under the EPBC Act. The results of this nomination are pending. 1.2.1 Flatback Turtles In Queensland, Flatback Turtles nest at a number of mainland and island locations in central Queensland, western Cape York and a number of islands in the Torres Strait region. Most nesting for the eastern Australian stock (>70%) of Flatback Turtles is contained in protected habitat of National Parks or Conservation Parks declared under Queensland s Nature Conservation Act (NC). The major nesting areas for Flatback Turtles in northern and eastern Australia are indicated in Figure 1 1. The major eastern Australian breeding aggregations occur on continental islands in inshore areas of the southern Great Barrier Reef (GBR) at Peak, Wild Duck, Avoid and Curtis Islands (Limpus 2007). In central Queensland, minor rookeries are identified at: Inflex Islets, Flock Pigeon Island, Aquilla Island, Red Clay Island, Brampton Island, St Bee s Island, Rabbit Island, Cockermouth Island, Penrith Island and Wigton Island. Other locations with suitable beach nesting habitat also make a contribution to reproductive output of the population. In eastern Queensland breeding is seasonal with nesting commencing in mid October. Nesting activity reaches a peak in late November early December, and ceases by about late January. Hatchlings emerge from nests during early December until about late March, with a peak of hatching activity in February (Limpus 2007). The Flatback Turtle is carnivorous and mostly feeds on epibenthic invertebrates including sea cucumbers and soft corals. Marine Turtle Nesting Surveys Abbot Beach 2

Marine Turtle Nesting Surveys Abbot Beach Adani Mining Pty Ltd Figure 1 1 Nesting locations in northern and eastern Australia for Flatback Turtles (from Limpus and Miller 2008) 1.2.2 Green Turtles Seven widely separated breeding aggregations of green turtles that are separate stocks have been identified for Australia (Bowen et al. 1992; Norman et al. 1994; Moritz et al. 2002). These are: southern GBR, Coral Sea, northern GBR, Gulf of Carpentaria, Ashmore Reefs, Scott Reef and the Northwest Shelf. Within the southern GBR breeding unit, major breeding concentrations occur on the islands of the Capricorn Bunker Groups of the southern GBR. Key nesting locations for green turtles are described in Figure 1 2. Green turtle nesting on mainland beaches in central Queensland is generally limited to sporadic nesting only. Marine Turtle Nesting Surveys Abbot Beach 3

Marine Turtle Nesting Surveys Abbot Beach Adani Mining Pty Ltd Figure 1 2 Nesting locations in northern and eastern Australia for Green Turtles (from Limpus and Miller 2008) 1.2.3 Previous Studies at Abbot Point Two previous surveys for turtle nesting activity have been carried out along Abbot Beach between Euri Creek and the coal loading facility at Abbot Point. Bell (2003) carried out a two day/one night nesting survey of Abbot Beach in late November 2002. Nine nesting tracks were recorded. Track identification to species was difficult due to prevailing winds obscuring track detail. Three tracks were considered likely to be Green Turtle (based on track width) and the remaining six were thought to be that of the Flatback Turtle. Bell (2003) suggested that although nesting occurs at low density, the port area of Abbot Point provides important nesting habitat on the mainland for Flatback Turtles. Surveys associated with the Abbot Point MCF EIS located 4 and 7 nesting tracks in November and December 2008 respectively (GHD 2010). Species identification could not be attributed to tracks; however two nests that had suffered predation were identified as those of Flatback Turtles after examination of the eggs. Marine Turtle Nesting Surveys Abbot Beach 4

Section 2 Survey methods Turtle nesting surveys consisted of a walking transect extending 6 km south from the existing Material Offload Facility (MOF) site located south of Abbot Point itself. Two observers walked the length of the transect, examining the beach and adjacent foredunes for nesting turtle tracks. Where tracks were encountered, their position was recorded with a GPS. Recent tracks that had not been sufficiently obscured by prevailing weather conditions were photographed and track width was measured. The inspections of the beach were undertaken on 19/20 th December 2012 and 29 th January 2013. The suitability of beach habitat for viable marine turtle nesting was classified based on the following categories: A. Nesting habitat suitable with appropriate beach access and access to the supra littoral zone for marine turtles. A known marine turtle rookery where nesting density is high (e.g. Mon Repos, Heron and North West Islands). B. Nesting habitat suitable with appropriate beach access and access to the supra littoral zone for marine turtles. Not a known turtle rookery but low density nesting previously recorded or highly likely. C. Nesting habitat less than optimal. Narrow supra littoral zone and/or physical barriers to effective nesting (e.g. large scarps). D. Nesting habitat extremely limited or absent. Shoreline fringed by mangroves or saltmarsh with beach habitat limited in extent or absent by natural or man made features. Nesting and hatchling activity was also recorded when it was encountered and feeding activities of marine turtles in the immediate near shore area was also noted. Nesting activity was recorded by observing the distinctive tracks left following the marine turtles nesting crawl (Wyneken 1997). Although, depending on their age, aspects of track morphology required for successful nesting can be obscured by wind in particular. Both surveys were carried out by CDM Smith ecologists. Dr Daryl McPhee accompanied CDM staff on the January 2013 survey and assessed the beach habitat for marine turtle nesting suitability. Dr McPhee also identified marine turtle species (where possible) from photographs of nesting tracks from the December survey. Dr Daryl McPhee is Associate Dean (Research) at Bond University s Institute of Sustainable Development and Architecture. He has undertaken numerous turtle surveys in Queensland and was a member of the Commonwealth s Marine Turtle Recovery Team. He played an integral role in mitigating the impacts of prawn trawl fisheries on marine turtles. Marine Turtle Nesting Surveys Abbot Beach 5

Section 3 Results 3.1.1 Walking transect Evidence of limited marine turtle nesting was recorded in the December 2012. Eleven sets of tracks were recorded over the two days (Figure 3 1). Nine individual tracks were recorded on the 19th December including one set of tracks that was likely to have been produced on the previous night. Two more fresh tracks were observed on the subsequent morning following the night of the 19th December indicating that nesting activity was ongoing at the time of the survey. Tracks were also recorded at the most southern extent of the transect indicating that turtle nesting may extend further south of the survey area. At least three sets of tracks appeared to lead to a successful nesting attempt. The remaining tracks often featured multiple attempts at nesting although it was uncertain whether successful nesting had occurred. Of the tracks identified, six were sufficient to allow identification of the species likely to be responsible five tracks were likely to be from Flatback Turtles and one from a Green Turtle (Plate 1 1 and 1 2). Two examples of hatchling emergence were also recorded indicating the beach is used early in the turtle nesting season. Identification of the hatchling species could not be made. The first track was recorded 2.2 km south of the MOF (Figure 3 1) despite apparently similar habitat being present along much of this area. Eight sets of tracks and two hatching sites were located within the next 1.4 km of beach/dune. Plate 3 1: Flatback Turtle tracks recorded on Abbot Beach (Dec 2012) Marine Turtle Nesting Surveys Abbot Beach 6

Marine Turtle Nesting Surveys Abbot Beach Adani Mining Pty Ltd Plate 3 2: Green Turtle track recorded on Abbot Beach (Dec 2012) No marine turtle nesting or hatchling emergence was recorded in the January survey. The January survey occurred at the end of the nesting period. It was hypothesised that evidence of hatchling emergence, more than new marine turtle nesting activity would have been encountered in this survey period. However, the survey was undertaken approximately a week after ex tropical cyclone Oswald passed through the region and evidence of significant shoreline inundation over and above the highest tide of the year was evident. This may have impacted hatchling emergence and/or the ability to detect hatchling emergence. Both survey periods identified a concentration of marine turtles associated with the rocky reef area that extends approximately 2.5 km south of the MOF. This consisted of Green, Loggerhead and Flatback Turtles (Plate 1 3). Bell (2003) discussed anecdotal reports which indicated that a population of Green Turtles utilise the rocky sub tidal reef face extending south for approximately 3.5 km from Abbot Point Jetty for both foraging and resting refugia at high tide. Although an exact number of individuals using the area could not be obtained, an indicative estimate is between 16 and 25 animals. The observations made as part of this study support the use of this area by marine turtles. Plate 3 3: Green Turtle Abbot Beach (August 2012) Marine Turtle Nesting Surveys Abbot Beach 7

148 5'0"E 148 5'30"E 148 6'0"E 148 6'30"E 19 54'0"S MOF 2.2km 19 54'0"S 19 56'0"S 19 56'0"S 19 55'30"S 19 55'30"S 19 55'0"S 19 55'0"S 19 54'30"S 19 54'30"S 148 5'0"E Abbot Point Coal Terminal 0 (T0) Project Legend Turtle hatching site Turtle nesting site Road Existing Rail APSDA Boundary 148 5'30"E Figure 1-3 Marine turtle nesting survey results - Abbot Beach (Dec 2012) Job: B12705_113-R1_TurtleSurvey Date: 15/01/2013 Project Area Proposed Project Infrastructure Area 148 6'0"E 0 125 250 500 Metres DISCLAIMER CDM Smith has endeavoured to ensure accuracy and completeness of the data. CDM Smith assumes no legal liability or responsibility for any decisions or actions resulting from the information contained within this map. Data source: Turtle survey by CDM SMith, 2012; Roads by Geoscience Australia; Terminal data by Adani; Aerial Image by BingMaps, 2011; All other data by DERM, 2010. MOUNT ISA 148 6'30"E CAIRNS TOWNSVILLE ROCKHAMPTON BRISBANE

Marine Turtle Nesting Surveys Abbot Beach Adani Mining Pty Ltd 3.1.2 Beach habitat suitability With the exception of a small area (approximately 100 metres) directly south of the MOF, the beach habitat can be classified as B. While the quality of the habitat varied to a degree at smaller spatial scales with respect to optimal marine turtle habitat, the habitat overall warranted the classification. As beach habitats clearly have a dynamic component, finer scale spatial assessments also need a temporal component, which was not able to be undertaken, and in any case is not necessarily relevant to considering potential port impacts. The small area adjacent to the MOF was classified as C due to the presence of a large scarp (~ three metres high) which would have limited any nesting activity. The height of this scarp would have been enhanced by the aforementioned weather. Parts of the supralittoral zone however, contained Coastal She oak (Casuarina equisetifolia) which is identified as potentially compromising marine turtle nesting success (Ryder et al. 2000; Mohanty 2002). This tree species rapidly propagates to form dense stands with extensive root systems, which prohibit turtles from successfully digging body pits and egg chambers. The general coverage of C. equisetifolia was such that the value of the entire beach area for marine turtle nesting was not compromised. However, it is uncertain if the tree species causes the same potential impacts in Australia with respect to marine turtle nesting in comparison to overseas locations. However, one nesting turtle had made multiple attempts to successfully nest with successful nest construction apparently impeded by of C. equisetifolia roots (Plate 1 4). Plate 3 4: Marine turtle nesting attempt at base of Coastal She oak (Dec 2012) Marine Turtle Nesting Surveys Abbot Beach 9

Section 4 Conclusion Overall, the field work undertaken provides additional, updated information on marine turtle use of the near shore and beach environment by marine turtles. In the case of the second survey, an absence of nesting activity was recorded; however, this should not be interpreted as the area being unimportant for nesting activities. Marine Turtle nesting activity along Abbot Beach occurs in low densities when compared to island nesting beaches. The major nesting aggregations for both Flatback and Green Turtles in the GBR occur on islands and coral cays (Limpus 2007; 2008). However, nesting activity for Flatback Turtle may compare favourably with well known mainland sites further south in the Mon Repos region (refer Limpus 2007). Bell (2003) states although Flatback Turtles nest in low densities, the port area of Abbot Point provides important mainland nesting habitat in north Queensland. Caution should be exercised in interpreting low density nesting as unimportant as low density nesting can make an important reproductive contribution. This is particularly the case if low density nesting on mainland beaches produces a disproportionate number of female hatchlings compared to island beaches of higher density nesting. This scenario occurs for Flatback Turtles in western Cape York and the various adjacent offshore islands, and although uncertainties exist, may also potentially occur on the Queensland east coast. From a regional perspective Abbot Beach may be considered less important than offshore nesting sites; however, given each marine turtle s fidelity to its natal nesting beach the site should be considered as locally important. As with previous surveys (i.e. Bell 2003; GHD 2010) this study was limited in scope as only a single survey could be carried out in December after the peak nesting period for Flatback Turtle had finished. In the future, more intensive surveys along Abbot Beach may provide representative numbers of marine turtle nesting activity on the site, and information regarding the potential effects of Coastal She oak on nesting success in the area. It is recommended that monitoring programs focussed on nesting females and hatchlings be developed as a component of adaptive management of the potential impacts of lighting on marine fauna. Marine Turtle Nesting Surveys Abbot Beach 10

Section 5 References Bell I 2003, Turtle Population Dynamics in the Hay Point, Abbot Point and Lucinda Port Areas. A Report prepared for the Ports Corporation of Queensland. Bowen BW, Meylan AB, Ross PJ, Limpus CJ, Balazs GH and Avise JC 1992, Global population structure and natural history of the green turtle (Chelonia mydas) in terms of matriarchal phylogeny. Evolution, vol. 46, pp. 865 881. GHD 2010, Terrestrial and aquatic ecological assessment. Proposed Abbot Point Multi Cargo Facility EIS, report prepared for North Queensland Bulk Ports Corporation. Godfrey MH and Barreto R 1995, Beach vegetation and seafinding orientation of turtle hatchlings. Biological Conservation, vol. 74, pp. 29 32. Hays GC, Ashworth JS, Barnsley MJ, Broderick AC, Emery DR, Godley BJ, Henwood A and Jones EL 2001, The importance of sand albedo for the thermal conditions on sea turtle nesting beaches. Oikos, vol. 93, pp. 87 94. Limpus CJ, Couper PJ and Couper KLD 1993, Crab Island revisited: reassessment of the world's largest flatback turtle rookery after twelve years. Memoirs of the Queensland Museum, vol. 33, pp. 227 289. Limpus CJ 2007, A Biological Review of Australian Marine Turtles. 5. Flatback turtle, Natator depressus (Garman). Report for Environmental Protection Agency, Queensland. Limpus CJ, Fleay A. and Baker V 1984, The flatback turtle, Chelonia depressa, in Queensland: reproductive periodicity, philopatry and recruitment. Australian Journal of Wildlife Research, vol. 11, pp. 579 587. Limpus CJ 2008, A Biological Review of the Australian Marine Turtles. 2. Green turtle Chelonia mydas (Linnaeus), Report prepared for Environmental Protection Agency, Queensland. Limpus CJ and Miller JD 2008, Australian Hawksbill Turtle Population Dynamics Project. A report prepared for the Japan Bekko Association. Miller JD 1996, Reproduction in sea turtles., In: PL Lutz and JA Musick (eds.), The Biology of Sea Turtles. CRC Press, New York, pp. 51 81. Miller JD, Dobbs KA, Limpus CJ, Mattocks N and Landry Jr AM 1998, Long distance migrations by the hawksbill turtle, Eretmochelys imbricata, from north eastern Australia. Wildlife Research. vol. 25, pp. 89 95. Mohanty B 2002. Casuarina forests ruin turtle nesting beaches in Orissa. Kachhapa No. 7, pp. 20 21. Moritz C, Broderick D, Dethmers K, Fitzsimmons N, and Limpus C 2002, Population genetics of southeast Asian and western Pacific green turtles, Chelonia mydas. Final report to UNEP/CMS, Bonn. Norman JA, Moritz C and Limpus CJ 1994. Mitochondrial DNA control region polymorphisms: genetic markers for ecological studies of marine turtles. Molecular Ecology, vol. 3, pp. 363 373. Pendoley KL 2005, Sea turtles and the environmental management of industrial activities in northwest Western Australia, Ph.D. Thesis, PhD Thesis, Murdoch University: Perth. Marine Turtle Nesting Surveys Abbot Beach 11

Marine Turtle Nesting Surveys Abbot Beach Adani Mining Pty Ltd Ryder J 2000, Preliminary investigation of loggerhead (Caretta caretta) nesting after the removal of Australian pines (Casuarina equisetifolia). Proceedings of the Nineteenth Annual Symposium on Sea Turtle Biology and Conservation. U.S. Dept. Commerce. NOAA Tech. Memo. NMFS SEFSC 443, pp. 207 208. Whiting SD, Long JL, Hadden KM, Lauder ADK and Koch AU 2007, Insights into size, seasonality and biology of a nesting population of the Olive Ridley turtle in Australia. Wildlife Research, vol. 34, pp. 200 210. Wyneken J 2001, The Anatomy of Sea Turtles. NOAA Technical Memorandum NMFS SEFSC 470, pp. 1 172. Witherington BE and Martin RE 1996, Understanding, Assessing, and Resolving Light Pollution Problems on Sea Turtle Nesting Beaches. Technical Report TR 2, Florida Marine Research Institute, St Petersburg, Florida. Marine Turtle Nesting Surveys Abbot Beach 12

Appendix A Disclaimer and Limitations This report has been prepared by CDM Smith Australia Pty Ltd (CDM Smith) for the sole benefit of Mundra Port P/L for the sole purpose of providing a report on current marine turtle activity on Abbot Beach. This report should not be used or relied upon for any other purpose without CDM Smith s prior written consent. CDM Smith, nor any officer or employee of CDM Smith, accepts no responsibility or liability in any way whatsoever for the use or reliance of this report for any purpose other than that for which it has been prepared. Except with CDM Smith s prior written consent, this report may not be: (a) released to any other party, whether in whole or in part (other than to Mundra Port s P/L officers, employees and advisers); (b) used or relied upon by any other party; or (c) filed with any Governmental agency or other person or quoted or referred to in any public document. CDM Smith, nor any officer or employee of CDM Smith, accepts no liability or responsibility whatsoever for or in respect of any use or reliance upon this report by any third party. The information on which this report is based has been provided by Mundra Port s P/L and third parties. CDM Smith (including its officer and employee): (a) has relied upon and presumed the accuracy of this information; (b) has not verified the accuracy or reliability of this information (other than as expressly stated in this report); (c) has not made any independent investigations or enquiries in respect of those matters of which it has no actual knowledge at the time of giving this report to Mundra Port s P/L; and (d) makes no warranty or guarantee, expressed or implied, as to the accuracy or reliability of this information. In recognition of the limited use to be made by Mundra Port s P/L of this report, Mundra Port s P/L agrees that, to the maximum extent permitted by law, CDM Smith (including its officer and employee) shall not be liable for any losses, claims, costs, expenses, damages (whether in statute, in contract or tort for negligence or otherwise) suffered or incurred by Mundra Port s P/L or any third party as a result of or in connection with the information, findings, opinions, estimates, recommendations and conclusions provided in the course of this report. If further information becomes available, or additional assumptions need to be made, CDM Smith reserves its right to amend this report. Marine Turtle Nesting Surveys Abbot Beach 1