Airservices Australia - environment.gov.au · GHD | Report for Airservices Australia - Future Navigation Network Project, 23/14795 Table index Table 1 Ecological Vegetation Classes

Airservices Australia Future Navigation Network Project

Mansfield Flora and Fauna Assessment April 2013

GHD | Report for Airservices Australia - Future Navigation Network Project, 23/14795

Table of contents Acknowledgements ................................................................................................................................... i

Abbreviations ............................................................................................................................................ ii

Glossary of terms .................................................................................................................................... iii

1. Project background ........................................................................................................................ 1

1.1 Introduction .......................................................................................................................... 1

1.2 Objectives of this assessment ............................................................................................. 1

1.3 Study area and Study site .................................................................................................... 1 1.4 Ecological limitations............................................................................................................ 2

2. Methods.......................................................................................................................................... 4

2.1 Review of existing information ............................................................................................. 4

2.2 Nomenclature ....................................................................................................................... 4

2.3 Field survey .......................................................................................................................... 5

3. Flora results.................................................................................................................................... 8

3.1 Vegetation communities....................................................................................................... 8

3.2 Vegetation communities of conservation significance ....................................................... 11

3.3 Flora species ...................................................................................................................... 11

3.4 Flora species of conservation significance ........................................................................ 12 3.5 BioSites .............................................................................................................................. 14

3.6 Highly localised assets....................................................................................................... 14

4. Fauna ........................................................................................................................................... 15

4.1 Fauna species .................................................................................................................... 15 4.2 Fauna habitats ................................................................................................................... 15

4.3 Wildlife corridors ................................................................................................................ 16

4.4 Fauna of conservation significance ................................................................................... 16

5. Potential impacts .......................................................................................................................... 19

6. Policy and legislative implications ................................................................................................ 20 6.1 Commonwealth .................................................................................................................. 20

6.2 State ................................................................................................................................... 22

7. Recommendations ....................................................................................................................... 27

7.1 Environmental management plan ...................................................................................... 27 7.2 Permits required ................................................................................................................. 27

7.3 Other next steps ................................................................................................................. 27

8. References ................................................................................................................................... 29


Table index Table 1 Ecological Vegetation Classes (EVCs) mapped within the vicinity of the

proposed study area ............................................................................................................ 8

Table 2 Threatened flora species known or predicted to occur within 10 km of the study site...................................................................................................................................... 12

Figure index Figure 1 Study Area ........................................................................................................................... 3


This Future Navigation Network Project – Mansfield Flora and Fauna Report (“Report”):

1. has been prepared by GHD Pty Ltd (“GHD”) for Airservices Australia (ASA);

2. may only be used and relied on by ASA;

3. must not be copied to, used by, or relied on by any person other than ASA without the prior written consent of GHD;

4. may only be used for the purpose of assessing the ecological values present within the proposed study site (as of 7 March 2013) and evaluating the proposed impacts to native vegetation (and must not be used for any other purpose).

GHD and its servants, employees and officers otherwise expressly disclaim responsibility to any person other than ASA arising from or in connection with this Report.

To the maximum extent permitted by law, all implied warranties and conditions in relation to the services provided by GHD and the Report are excluded unless they are expressly stated to apply in this Report.

The services undertaken by GHD in connection with preparing this Report were limited to those specifically detailed in the Report and are subject to the scope limitations (refer section 1.2) and ecological limitations (refer section 1.4) set out in the Report.

Subject to the paragraphs in this section of the Report, the opinions, conclusions and any recommendations in this Report are based on conditions encountered and information reviewed at the time of preparation of the Report. GHD has no responsibility or obligation to update this Report to account for events or changes occurring subsequent to the date that the Report was prepared.

The opinions, conclusions and any recommendations in this Report are based on assumptions made by GHD described in this Report (refer section 1). GHD disclaims liability arising from any of the assumptions being incorrect.

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Acknowledgements The following individuals or groups have assisted in the preparation of this report. However, it is acknowledged that the contents and views expressed within this report are those of GHD Pty Ltd and do not necessarily reflect the views of the parties acknowledged below:

The Department of Sustainability and Environment (DSE) for allowing access to records in the VBA database and use of GIS data (EVC mapping and BioSites). Steve Smith and Jill Fleming of DSE provided advice on mitigation measures.

Tessa Bird of the Department of Sustainability and Environment, Water, Populations and Communities (DSEWPaC) for providing advice with regard to the Environment Protection Biodiversity and Conservation Act 1999.

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Abbreviations AVW Atlas of Victorian Wildlife

CaLP Act Catchment and Land Protection Act 1994 CMA Catchment Management Authority

CVU Central Victorian Uplands Bioregion

DBH Diameter at breast height

DEWHA Commonwealth Department of the Environment, Water, Heritage and the Arts (now DSEWPaC)

DNRE Victorian Department of Natural Resources and Environment (now DSE)

DSE Victorian Department of Sustainability and Environment

DSEWPaC Department of Sustainability, Environment, Water, Population and Communities

EMP Environmental Management Plan

EPBC Environment Protection and Biodiversity Conservation Act 1999

EVC Ecological Vegetation Class

FFG Flora and Fauna Guarantee Act 1988

FIS Flora Information System

GHD GHD Pty Ltd

GIS Geographical Information System

HZ Habitat Zone

MiTV Minor Treeless Vegetation MNES Matters of National Environmental Significance

MoTV Modified Treeless Vegetation PMST EPBC Act Protected Matters Search Tool

sp. Species (one species)

spp. Species (more than one species)

subsp. Subspecies

TRZ Tree Retention Zone

var. Variety

VBA Victorian Biodiversity Atlas

VROT Victorian rare and / or threatened species

WONS Weed of National Significance

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Glossary of terms Bioregion Biogeographic areas that capture the patterns of ecological characteristics in the

landscape or seascape, providing a natural framework for recognising and responding to biodiversity values.

Bioregional Conservation Status (BCS of an EVC)

A state-wide classification of the degree of depletion in the extent and/or quality of an Ecological Conservation Class (EVC) within a bioregion in comparison to the State’s estimation of its pre-1750 extent and condition.

Diameter at Breast Height (DBH)

The diameter of the trunk of a tree measured over bark at 1.3 m above ground level.

Ecological Vegetation Class (EVC)

A type of native vegetation classification that is described through a combination of its floristic, life form and ecological characteristics, and through an inferred fidelity to particular environmental attributes. Each EVC includes a collection of floristic communities (i.e. lower level in the classification that is based solely on groups of the same species) that occur across a biogeographic range, and although differing in species, have similar habitat and ecological processes operating.

EVC Benchmark A standard vegetation-quality reference point relevant to the vegetation type that is applied in habitat hectare assessments. Represents the average characteristics of a mature and apparently long-undisturbed state of the same vegetation type.

Gain target The amount of gain that needs to be achieved to offset a loss measured in habitat hectares.

Habitat Hectare A site based measure of quality and quantity of native vegetation that is assessed in the context of the relevant native vegetation type.

Habitat score The score assigned to a habitat zone that indicates the quality of the vegetation relative to the Ecological Vegetation Class (EVC) benchmark – sum of the site condition score and landscape context score usually expressed as a percentage or on a scale of zero to 1.

Habitat zone A discrete area of native vegetation consisting of a single vegetation type (EVC) with an assumed similar quality. This is the base spatial unit for conducting a habitat hectare assessment.

High threat weed Introduced plant species (including non-indigenous ‘natives’) with the ability to out-compete and substantially reduce one or more indigenous life forms in the longer term, assuming on-going current site characteristics and disturbance regime.

Improvement gain This is gain resulting from management commitments beyond existing obligations under legislation to improve the current vegetation quality. Achieving improvement gain is predicated on maintenance commitments being already in place. For example, control of any threats such as grazing that could otherwise damage the native vegetation must already be agreed.

Large Old Tree (LOT) A tree with a Diameter at Breast Height equal to or greater than the large tree diameter as specified in the relevant EVC benchmark.

Like-for-like These are part of the criteria for the determination of an offset and provide a direct link between the loss and the offset gain, in terms of vegetation type or landscape function. There are more specific requirements for higher conservation significance vegetation and more flexible requirements for lower significance.

Maintenance gain This is gain from commitments that contribute to the maintenance of the current vegetation quality over time (i.e. avoiding any decline). It includes foregoing certain entitled activities that could otherwise damage or remove native vegetation, such as grazing or firewood collection.

Medium Old Tree (MOT) A tree with a Diameter at Breast Height (DBH) equal to or greater than 0.75 of the large tree diameter in the relevant EVC benchmark but less than the DBH for a large old tree.

http://www.dse.vic.gov.au/DSE/nrence.nsf/LinkView/EE160E06AD95CA20CA257131000E4170544ABC860B2506F7CA257004002550CC#bap

http://www.dse.vic.gov.au/DSE/nrence.nsf/LinkView/43FE7DF24A1447D9CA256EE6007EA8788062D358172E420C4A256DEA0012F71C



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Minor Treeless Vegetation An area of vegetation where the cover of native species is < 25% of the total understorey vegetation cover and no canopy trees are present.

Modified Treeless Vegetation An area of vegetation, where the cover of native species is > 25% of the total understorey vegetation cover. However, the native species present are not considered characteristic of the pre 1750s EVC and/or are species that readily colonise disturbed areas. Areas of Modified Treeless Vegetation require confirmation with DSE.

Native vegetation Planning and Environment Act The definition of native vegetation under the Planning and Environment Act includes any species native to Victoria. Net Gain policy Under the Net gain policy, native vegetation is defined as a remnant patch (see definition in this glossary) or a scattered indigenous tree (see definition in this glossary).

Net outcome The result of applying conservation significance criteria to protection, investment and offset decisions. This results in a range of outcomes from short term losses for Low conservation significance to substantial net gain for Very High conservation significance. For offsets, the Framework (Table 6) specifies a multiplier on the calculated loss (in habitat hectares) to achieve the net outcome, graded according to conservation significance. Refer to Table 6 (pp. 54-55) of the Framework.

Offset Zone An offset area of native vegetation consisting of a single vegetation type (EVC) with similar quality under the same proposed management regime.

Prior management gain This gain acknowledges actions to manage vegetation since State-wide planning permit controls for native vegetation removal were introduced in 1989.

Protection (of a tree) An area with twice the canopy diameter of the tree(s) fenced and protected from adverse impacts: grazing, burning and soil disturbance not permitted, fallen timber retained, weeds controlled, and other intervention and/or management if necessary to ensure adequate natural regeneration or planting can occur.

Recruitment The production of new generations of plants, either by allowing natural ecological processes to occur (regeneration etc.), by facilitating such processes such as regeneration to occur, or by actively revegetation (replanting, reseeding). See revegetation.

Remnant patch An area of vegetation, with or without trees, where less than 75% of the total understorey plant cover is weeds or non-native plants (bare ground is not included). That is at least 25% of the understorey cover is native; or a group (i.e. three or more) of trees where the tree canopy cover is at least 20%.

Regrowth < 10 years old Under the Planning and Environment Act, there are some exemptions for the removal of native vegetation. One of which is: If the vegetation is regrowth < 10 years old and on land that has been lawfully cleared in the past.

Revegetation Establishment of native vegetation to a minimum standard in formerly cleared areas, outside of a remnant patch.

Scattered trees Canopy trees within an area where at least 75% of the total understorey plant cover is weeds or non-native plants and the overall canopy cover for a group (i.e. Three or more) of trees is less than 20%.

Security gain This is gain from actions to enhance security of the on-going management and protection of native vegetation at the offset site, either by entering into an on-title agreement (for example under Section 173 of the Planning and Environment Act 1987), or by locating the offset on land that has greater security than the clearing site, or by transferring private land to a secure public conservation reserve.

Small Tree (ST) A tree with a Diameter at Breast Height (DBH) equal to or greater than 0.25 of the large tree diameter in the relevant EVC benchmark but less than the DBH for a medium old tree.

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Supplementary planting

Establishment of overstorey and/or understorey plants within a remnant patch. Typically includes the planting or direct-seeding of understorey life forms.

Tree Retention Zone Tree Retention Zones (TRZs) identify a clear boundary to construction works to allow a determination whether a tree is considered retained or deemed lost and required to be offset. To prevent the indirect losses of native vegetation TRZs should be implemented for the duration of construction activities on a project. Tree Retention Zones apply to both construction and construction-related activities (e.g. traffic movements, etc.).

Very Large Old Trees (VLOT) A tree with a Diameter at Breast Height (DBH) of at least 1.5 times that of the large tree DBH as specified in the relevant EVC benchmark.

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1. Project background 1.1 Introduction

This report was commissioned by Airservices Australia as a part of the Future Navigation Network Project (the Project), which supports the timely transition from ground based navigation to satellite-based navigation. The Project aims to decommission and subsequently remove five ground-based navaids from five sites located across four states (VIC, NSW, WA, and SA).

The scope of demolition work includes removal of all relevant infrastructure, concrete foundations and applicable cables from the sites. At the end of demolition work, the Project will include rehabilitating the sites, as required under the site lease agreement, and backfilling all excavated areas.

This report presents the results of the Flora and Fauna Assessment associated with the decommissioning works in Mansfield, Victoria. The results of the Flora and Fauna Assessment for the other four sites have been presented in separate reports.

1.2 Objectives of this assessment

The objectives of this Flora and Fauna assessment are to:

Identify flora and fauna species and ecological communities known to occur within the study area;

Identify additional flora and fauna species and ecological communities that may occur within the study area, particularly those which may be of conservation significance;

Identify ecological values that may be impacted by the Project with regards to the proposed decommissioning works;

Outline measures to avoid and/or minimise the loss of native vegetation patches and scattered remnant trees;

Discuss the possible implications of the Project under National and State Government policy and legislation related to flora and fauna; and

Provide preliminary advice on suitable mitigation measures to minimise the impacts of the Project on ecological values.

1.3 Study area and Study site

This report refers to both the study area and the study site. For the purposes of this assessment, the term study area refers to the broader Mansfield region (i.e. includes areas that are outside the proposed impact areas). The study area for this assessment includes private properties and roadsides within a 10 km radius of the study site. This description covers a much broader area than the expected zone of impact, and the additional information captured has been used to determine the significance of ecological features identified within the study site. The broader study area was assessed at a desktop level.

The term study site refers to the area bound in red in Figure 1. The study site is located approximately 1 km south east of Mount Battery, within the Mansfield Shire Council area. According to DSE’s Biodiversity Interactive Map (DSE 2011), the study site falls within the Central Victorian Uplands bioregion and the Goulburn Broken Catchment Management Authority Area.


1.4 Ecological limitations

This ecological assessment mostly covers species of vascular plants (ferns, conifers and flowering plants) and terrestrial vertebrate fauna (mammals, birds, reptiles and frogs). Non-vascular flora (i.e. mosses, liverworts, lichens), fungi and terrestrial invertebrates have not been considered in detail as part of this assessment, except where listed threatened species are known or suspected to occur. There is relatively little information available on these latter groups. Threatened aquatic fauna (fish and aquatic invertebrates) have not been considered for this assessment.

The Flora and Fauna assessment was undertaken in late Summer. Some native flora species are difficult or impossible to locate or identify at this time of year due to a lack of reproductive material and the seasonal nature of some species (in particular, native orchids and forbs). Additional native species are likely to be recorded at other times of the year, particularly in spring. This limitation is supplemented by records from the FIS / VBA database.

It should be noted that the hand-held GPS units used to record site information are accurate to within 10 m only. Therefore, the maps presented in this report displaying site information and species records should not be relied on for the detailed design process.

No targeted surveys for rare or threatened species were undertaken during this assessment. It was beyond the scope of this assessment to employ more detailed flora or fauna survey techniques such as flora quadrat surveys or fauna trapping.

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2. Methods 2.1 Review of existing information

The desktop review included a background search of the following ecological databases:

The Commonwealth Government’s EPBC Act Protected Matters Search Tool (PMST1);

Victorian Biodiversity Atlas (VBA);

The Flora Information System (used to supplement records from the VBA) (FIS 2011);

BioSites mapping from the Victorian Department of Sustainability and Environment (DSE); and

Extant Ecological Vegetation Class (EVC) mapping from DSE.

Searches of the VBA, FIS, and PMST databases were conducted for a 10 km radius around the study area.

The VBA, and FIS databases document observations of flora and fauna recorded from throughout the state of Victoria. Using the databases, surveys from within a defined geographical area can be searched to produce species lists of flora or fauna known to occur within the searched area (surveys include lists of flora and fauna, incidental observations of unusual species, and museum or herbarium specimens). These lists are only as accurate as the quality and quantity of data that have been recorded and documented from the area.

The VBA, BioSites database and EVC mapping are maintained by DSE and were accessed and used in accordance with a data-sharing agreement between the Department of Sustainability and Environment (DSE) and GHD. GHD hereby acknowledges DSE for the use of these databases.

2.2 Nomenclature

2.2.1 Flora species

Common and scientific names for plants follow the Flora Information System (FIS) database (2011 version), maintained by Viridans.

2.2.2 Fauna species

Common and scientific names for terrestrial vertebrate fauna (mammals, birds, reptiles, amphibians) follow the Atlas of Victorian Wildlife (AVW 2011) database, maintained by Viridans.

2.2.3 Ecological vegetation classes

Native vegetation in Victoria is classified into units known as Ecological Vegetation Classes (EVCs). Ecological Vegetation Classes are described according to a combination of floristic, life form and ecological characteristics, and through an inferred fidelity to particular environmental attributes. Each EVC occurs under a common regime of ecological processes within a given biogeographic range, and may contain multiple floristic communities (DSE 2002).

1 http://www.environment.gov.au/erin/ert/epbc/index.html (Accessed by GHD 18 February 2013)


2.2.4 Flora communities and ecological communities

Other vegetation types that may occur in Victoria include ecological communities listed as threatened on the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and ‘communities of flora and fauna’ (i.e. flora communities) listed as threatened on the Victorian Flora and Fauna Guarantee Act 1988 (FFG Act). These two Acts both have vegetation classification systems that are separate to each other and also separate to the EVC classification system. As such, any single patch of native vegetation occurring within the project area (or anywhere in Victoria) will be classifiable as a particular EVC, and it may also be separately classified as a different ecological community under the EPBC Act, and/or as another flora community under the FFG Act.

2.2.5 Fauna communities and habitats

The FFG Act lists a small number of ‘communities of flora and fauna’ that are considered to be threatened at a state scale. Fauna communities known or potentially occurring within the project area or surrounds are only considered in this report if they are listed on the FFG Act.

Unlike native vegetation and the corresponding use of the EVC categorisation technique, there is no equivalent accepted process for categorising fauna habitats in Victoria. Instead, the categorisation of fauna habitats is usually based upon the experience of each zoologist.

2.3 Field survey

A GHD botanist and zoologist undertook a field assessment in Summer (25 February 2013). The field investigation involved an initial overall assessment of the study area, then allocating any patches of native vegetation within the study area a habitat zone. One habitat zone was identified within the study area and a Habitat Hectare assessment was undertaken.

2.3.1 Flora assessments

A GHD Botanist undertook a Net Gain field assessment of the study area on 25 February 2013. The assessment included:

Describing the structure and composition of patches of native vegetation (dominant species in each stratum, weed cover etc.);

Assessing the condition of vegetation patches;

Assessing the likelihood of occurrence of rare or threatened flora (based on presence of suitable habitat); and

Documenting any scattered indigenous trees proposed for removal or possibly impacted by the proposed works (including location using a hand-held GPS, species, Diameter at Breast Height (DBH) and conservation significance).

An incidental flora species list will be entered into the VBA database as required under GHD’s data-sharing agreement with DSE.

During the site visit, it was noted whether the following was present:

Presence of a patch of Native Vegetation (i.e. where cover of native species is >25% of the total understorey vegetation cover), which was classified as a particular EVC;


Presence of Minor Treeless Vegetation (MiTV i.e. where cover of native species is <25% of the total understorey vegetation cover and no canopy trees are present). In other words, scattered native species are present but based on cover of native species, the vegetation is not considered a “remnant patch” following DSE guidelines. MiTV is a sub-category of Degraded Treeless Vegetation (DTV), which DSE describes as ‘neither a wetland, a remnant patch nor a scattered tree’ (DSE 2007). Degraded Treeless Vegetation should not possess other ecological values such as threatened species habitat, and only DSE can confirm an area as Degraded Treeless Vegetation (DSE 2009b);

Presence of Modified Treeless Vegetation (MoTV i.e. vegetation that has >25% understorey cover that is native but is now dominated by species that are unlikely to have originally dominated the site’ (DSE 2010). MoTV is also a sub category of DTV, and only DSE can define an area as such. Areas are therefore assessed to determine if species present are characteristic of the pre 1750s EVC or most likely to have colonised the site post disturbance;

Presence of Regrowth <10 years old (i.e. where a patch of native vegetation or scattered native species is present, an assessment was undertaken to determine if the site had been lawfully cleared in the past 10 years and the vegetation is considered regrowth <10 years old); and

Presence of Non-Native Vegetation (NNV i.e. Vegetation which comprises introduced exotic flora species including pasture grasses and exotic weeds).

This assessment was undertaken in accordance with recent guidelines provided by DSE (DSE 2010). Definitions of the above terms are provided in the Glossary.

2.3.2 Habitat hectare assessments

During the Habitat Hectare assessment, the quality and quantity of all native vegetation within the proposed impact areas was assessed in accordance with the Habitat-Hectare (HabHa) approach, as outlined in Victoria’s Native Vegetation Management – A Framework for Action (NRE 2002) and the Vegetation Quality Assessment Manual – guidelines for applying the habitat hectare scoring method (DSE 2004). Native vegetation was assessed using version 1.3 of the ‘Vegetation Quality Field Assessment Sheet’ provided by DSE, and EVC benchmarks for the Central Victorian Uplands Bioregion2.

A Habitat Hectare assessment was undertaken during the site visit and one Habitat Zone was identified comprising EVC 55 (Plains Grassy Woodland). As the project is still at a preliminary stage the results of the Habitat Hectares assessment have not been reported in this report.

2.3.3 Fauna assessment

A GHD zoologist undertook a preliminary assessment of the study site on 25 February, 2013. The fauna assessment included:

Identification of fauna habitats within the study site;

Brief evaluation of the likelihood of occurrence of threatened fauna (based on presence of suitable habitat); and

Recording all opportunistic fauna species encountered within the study area (including indirect records such as scats and tracks).

2 http://www.dse.vic.gov.au/conservation-and-environment/native-vegetation-groups-for-victoria/ecological-vegetation-class-evc-

benchmarks-by-bioregion/evc-benchmarks-central-victorian-uplands-bioregion (Accessed by GHD 22/02/2013)

http://www.dse.vic.gov.au/conservation-and-environment/native-vegetation-groups-for-victoria/ecological-vegetation-class-evc-benchmarks-by-bioregion/evc-benchmarks-central-victorian-uplands-bioregion

http://www.dse.vic.gov.au/conservation-and-environment/native-vegetation-groups-for-victoria/ecological-vegetation-class-evc-benchmarks-by-bioregion/evc-benchmarks-central-victorian-uplands-bioregion


In accordance with GHD’s data-sharing agreement with DSE, all fauna records documented during the field-based component of this project will be lodged with the Victorian Biodiversity Atlas database.


3. Flora results 3.1 Vegetation communities

3.1.1 Desktop assessment

Ecological Vegetation Classes (EVCs)

Remnant native vegetation along and surrounding study site has been mapped at a scale of 1:25,000 (DSE 2005). In summary, three EVCs have been identified from the EVC mapping by DSE within the study area (see Table 1).

Table 1 Ecological Vegetation Classes (EVCs) mapped within the vicinity of the proposed study area

EVC name (EVC number) Bioregional Conservation status

Valley Grassy Forest (EVC 47) Vulnerable

Plains Grassy Woodland (EVC 55) Endangered

Grassy Woodland (EVC 175) Endangered

There are limitations to the DSE mapping and it is therefore possible that EVCs other than those listed above could occur in close proximity to the assessed area.

3.1.2 Field assessment

The field investigation encountered a variety vegetation types, ranging from non-native vegetation comprising weedy areas, to intact native vegetation largely devoid of weeds. Approximately half of the study area contained some form of native vegetation, either as patches of native vegetation or as remnant scattered trees.

To comprise a patch of native vegetation and be defined as an EVC, a patch must meet one of two criteria (DSE 2007), either:

1. Native species within the understorey must comprise at least 25% of the understorey vegetation cover; or

2. Be a group (three or more) of trees where the tree canopy cover is at least 20%.

Approximately half of the study area did not meet either of these criteria and are defined as non-native vegetation (NNV) where no native remnant species are evident, or as minor treeless vegetation (MiTV) where there are only occasional native species, e.g. scattered native grasses. These vegetation types do not require a Net Gain assessment if impacted, however, a permit under the Planning and Environment Act is likely to be required to remove MiTV as outlined in Section 6.2.2.

The field assessment confirmed the presence of three remnant patches of one previously mapped EVC within the study area: Plains Grassy Woodland (EVC 55).

A description of this EVC as it occurs in the study area is provided below.


Plains Grassy Woodland (EVC 55)

According to the EVC Benchmark for Plains Grassy Woodland (EVC 55) within the CVU Bioregion3, this vegetation class occurs on a number of geologies and soil types, occupying poorly drained, fertile soils on flat or gently undulating plains at low elevations. The overstorey is dominated by a low to medium woodland of eucalypts to 15 m tall. The understorey usually consists of a few sparse shrubs over a species-rich grassy and herbaceous ground layer.

Plains Grassy Woodland within the study area (see Plate 1) is a woodland dominated by Eucalyptus camaldulensis (River Red-gum). There was no shrub layer present. Native graminoids dominate the understorey with common species including Anthosachne scabra s.l. (Common Wheat-grass), Juncus spp. (Rush), Rytidosperma spp. (Wallaby grasses) with scattered native forbs including Crassula spp. (Crassula) and Rumex brownii (Slender dock).

The vegetation is in poor to good condition with a moderate cover (<50%) of weeds. Dominant weed species include Holcus lanatus (Yorkshire Fog), Hordeum spp. (Barley Grass), Lolium spp. (Rye Grass), and Vulpia sp. (Fescue).

Locations of Plains Grassy Woodland (EVC 55) within the study area are shown in Figure 1.

Plate 1 Remnant patch of Plains Grassy Woodland (EVC 55) at the site

Remnant scattered trees

The study area contains three remnant (i.e. not planted) scattered indigenous trees (eucalypts i.e. Plate 2). The three trees were identified as Eucalyptus camaldulensis (River Red-gum). Each of these trees had a DBH greater than 100 cm and are therefore classified as Large Old Trees (LOTs).

3 http://www.dse.vic.gov.au/__data/assets/pdf_file/0006/98106/CVU_0055.pdf (Accessed by GHD 22 February 2013)

http://www.dse.vic.gov.au/__data/assets/pdf_file/0006/98106/CVU_0055.pdf


Removal of or damage to remnant scattered trees (e.g. root damage), would require a Net Gain assessment and securing of a suitable offset as defined by Victoria’s Native Vegetation Management – A Framework for Action (NRE 2002). This can be avoided by complying with the recommendations outlined in the Australian Standard 4970 ‘Protection of trees on development sites’ (Standards Australia 2009). This includes setting of Tree Protection Zones, where allowable actions are limited.

Locations of remnant Scattered Trees identified within the study area are shown in Figure 1.

Plate 2 A scattered tree (Eucalyptus camaldulensis River Red-gum) within the study area

Minor treeless vegetation

Minor Treeless Vegetation (MiTV)4 was found across the study site where EVC 55 has not been mapped (see Figure 1).

Generally, MiTV consists of predominantly introduced pasture grasses including Bromus hordeaceus subsp. hordeaceus (Soft Brome), Holcus lanatus (Yorkshire Fog), Hordeum spp. (Barley Grass), Lolium spp. (Rye Grass), Phalaris aquatica (Toowoomba Canary-grass), Romulea rosea (Onion Grass) and Vulpia sp. (Fescue).

Given the time of survey (late summer), these areas may have a higher proportion or diversity of native vegetation, if surveyed at a more appropriate time of year to detect native grasses and estimate the cover of native species more accurately (e.g. Spring).

4 Minor Treeless Vegetation is defined as an area of vegetation where the cover of native species is < 25% of the total

understorey vegetation cover and no canopy trees are present.


Plate 3 Minor Treeless Vegetation (MiTV) within the study area

3.2 Vegetation communities of conservation significance

3.2.1 EPBC Act

The PMST identifies that one nationally endangered community could occur within 5 km of the proposed alignment:

White Box-Yellow Box-Blakely’s Red Gum Grassy Woodland and Derived Native Grassland (Critically Endangered).

This vegetation community was not encountered during the field assessment, and is not expected to occur within or immediately adjacent to the study site.

3.2.2 FFG Act

No vegetation communities listed as threatened under the FFG Act were identified within the study site and none are expected to occur within the alignment.

3.3 Flora species

3.3.1 Overview

The VBA has records of 142 flora species from documented sites within 10 km of the study site. These records include 101 native species and 42 introduced species.

3.3.2 Flora species found during survey

A total of 29 flora species was recorded within the study site during the field assessment (12 indigenous and 17 introduced).


3.4 Flora species of conservation significance

‘Threatened flora species’ are those species listed in a threat category under one or more of the Commonwealth EPBC Act, the Victorian FFG Act and/or the Advisory List of Rare or Threatened Plants in Victoria5 (DSE 2005b).

A total of nine rare or threatened flora species have been either recorded (FIS, VBA) or predicted to occur (PMST) within 10 km of proposed study area (see Table 2).

Table 2 Threatened flora species known or predicted to occur within 10 km of the study site

Source EPBC FFG VROTS Scientific Name Common Name

FIS / VBA f e Amphibromus pithogastrus

Plump Swamp Wallaby-grass

VBA f e Cullen tenax Tough Scurf-pea

EPBC PMST E f e Dianella amoena Matted Flax-lily

VBA f r Discaria pubescens Australian Anchor Plant

FIS / VBA V f e Eucalyptus alligatrix subsp. limaensis

Lima Stringybark

VBA / EPBC PMST

V f v Glycine latrobeana Clover Glycine

VBA e Leptorhynchos elongatus

Lanky Buttons

FIS / VBA k Solanum cinereum Narrawa Burr

VBA V f v Thesium australe Austral Toad-flax

Furthermore, additional rare or threatened flora species may occur for which there are no local records on the FIS and/or they are not predicted to occur in the local area by the PMST. This can only be determined with detailed on-ground surveys, preferably undertaken at the appropriate time of the year. However, the probability that this would occur is unlikely.

As a general rule, rare or threatened flora species are most likely to occur where areas of intact native vegetation are intercepted and least likely where areas of non-native vegetation are intercepted.

3.4.1 Flora species listed under the EPBC Act

Desktop assessment

The FIS and VBA databases have records of three species listed as threatened under the Commonwealth EPBC Act that have been recorded within 10 km of the alignment. These species are:

Eucalyptus alligatrix subsp. limaensis (Lima Stringybark) is listed as Vulnerable under the EPBC Act, endangered on the DSE advisory list, and threatened under the FFG Act;

5 Otherwise known as the DSE Advisory List


Glycine latrobeana (Clover Glycine) is listed as Vulnerable under the EPBC Act, vulnerable on the DSE advisory list, and threatened under the FFG Act; and

Thesium australe (Austral Toad-flax) is listed as Vulnerable under the EPBC Act, vulnerable on the DSE advisory list, and threatened under the FFG Act.

In addition, the PMST predicts the occurrence of, or suitable habitat for one other species listed as threatened under the EPBC Act in the 10 km radius search area. These species are:

Dianella amoena (Matted Flax-lily) is listed as Endangered under the EPBC Act, endangered on the DSE advisory list, and threatened under the FFG Act.

Field assessment

No flora species listed under the EPBC Act were identified during the current field assessment. However, based on the presence of suitable habitat, it is considered possible that Dianella amoena (Matted Flax-lily) could occur within the study site. However, due to the history of disturbance at the site and the lack of any known records for the species within 10 km of the site, it is considered unlikely that this species would be found within the study site.

The other EPBC listed species mentioned above are considered unlikely to occur within the study site due to the absence of suitable habitat.

3.4.2 Flora species listed as threatened under the FFG Act

Desktop assessment

From the FIS and VBA database and PMST, eight flora species that are known or predicted to occur in the local area (i.e. within 10 km of the study area) are listed as threatened under the Victorian FFG Act. Three of these FFG Act-listed species are also listed as threatened under the EPBC Act.

In addition, the PMST predicts the occurrence of, or suitable habitat for one other species listed as threatened under the FFG Act Act in the 10 km radius search area.

Field assessment

No flora species listed under the FFG Act were identified during the current field assessment. However, based on the presence of suitable habitat it is considered possible that Dianella amoena (Matted Flax-lily) could occur within the study site. However, due to the history of disturbance at the site and the lack of any known records for the species within 10 km of the site, it is considered unlikely that this species would be found within the study site.

The other FFG listed threatened flora previously recorded or predicted to occur are considered unlikely to occur at the study site due to the absence of suitable habitat.

3.4.3 Victorian rare and/or threatened flora (VROTs)

Desktop assessment

From the FIS database and the PMST, there are eight flora species listed on the Advisory List of Rare or Threatened Plants in Victoria (DSE 2005b) that are known to or predicted to occur in the local area (i.e. within 10 km of the study area).

In addition, the PMST predicts the occurrence of, or suitable habitat for one other species listed as threatened under the FFG Act Act in the 10 km radius search area.


Field assessment

No flora species listed as rare under the DSE advisory List for Rare or Threatened Plants in Victoria (VROTs) were identified with the study area during the current assessment. However, based on the presence of suitable habitat it is considered possible that Dianella amoena (Matted Flax-lily) could occur within the study site. However, due to the history of disturbance at the site and the lack of any known records for the species within 10 km of the site, it is considered unlikely that this species would be found within the study site.

The other DSE Advisory listed species mentioned above are considered unlikely to occur within the study site due to the absence of suitable habitat.

3.5 BioSites

BioSites are sites of conservation significance identified by DSE (DSE 2005). BioSites have not been comprehensively mapped across the entire State, and the absence of a BioSite in an area does not necessarily correlate to an absence of ecological values. Significant attributes of a BioSite can include: rare and threatened flora and fauna, EVCs, areas of high ecological integrity and viability, high species richness and diversity, and wildlife corridors.

No BioSites were identified as occurring within the study area, therefore, it is considered unlikely that the project would impact any BioSites.

3.6 Highly localised assets

Highly Localised Assets (HLAs) are mapped6 throughout the state and are considered when assessing an application to remove native vegetation. For planning permit applications referred to DSE, the presence of a Highly Localised Asset will result in an application that would otherwise be considered low risk, to be assessed as moderate risk.

DSE defines HLAs as “Ecological Vegetation Classes (EVCs) and flora and fauna species that live in such a small area (small area of occupancy) that even small amounts of vegetation removal could result in a considerable impact on the species.”

The nearest HLAs occur on Mount Battery Road immediately south of the southern extent of the study area. As long as this site is not intercepted by works associated with this project, then the project will not need to be referred to DSE on the basis of impacts to HLAs.

6 Available through the Biodiversity Interactive Maps website provided by DSE (http://www.dse.vic.gov.au/about-dse/interactive-

maps). Accessed for this project on 19 February 2012.

http://www.dse.vic.gov.au/about-dse/interactive-maps

http://www.dse.vic.gov.au/about-dse/interactive-maps


4. Fauna 4.1 Fauna species

4.1.1 Overview – desktop search

The VBA and PMST search results included records of 190 terrestrial fauna species. These comprised 181 native and 9 non-native species which are documented to occur, or predicted to occur, or have habitat occurring, within 10 km of the study area (VBA and PMST)7.

4.1.2 Fauna species recorded during field assessment

Several common bird species were recorded from the survey of the study area during the preliminary field assessment (25 February 2013).

No threatened fauna species were recorded within the study area during the assessment.

4.2 Fauna habitats

As determined from site visits and desktop investigations, three types of habitat for terrestrial fauna occur along the alignment sections: grasslands, scattered remnant trees and artificial habitat. Habitats are described below.

4.2.1 Grassland

Corresponding EVC: Plains Grassy Woodland (EVC 55):

Grassland occurs throughout a majority of the study site. Grassland in the study site ranges in condition and in its composition of native and non-native vegetation. Some patches are composed predominantly of native vegetation species (equates to EVC 55), while others are almost entirely non-native (equates to minor treeless vegetation) (Figure 1). The study site has been historically disturbed by the erection of infrastructure on site (building, towers, fences) and by grazing. The grassland habitat is extensive and continues well beyond the study site boundary. Beyond the boundary patches of scattered embedded basalt rocks exist.

Many fauna would utilise grassland habitat for foraging, breeding and as a corridor for movements across the landscape. As well as supporting a range of common grassland species, it is possible that this habitat type provides suitable habitat for threatened species (e.g. Striped Legless Lizard (Delma impar)). It is possible that these species may incur a minor loss to food sources and/or protective shelter habitat as a result of the project.

4.2.2 Scattered remnant trees

Corresponding EVC: NA

The study site contains three remnant (i.e. not planted) scattered eucalypt trees (River Red Gums). Locations of remnant Scattered Trees that may be impacted by the proposed project are shown in Figure 1.

7 These numbers exclude freshwater, aquatic and marine fauna (e.g. fish, marine mammals, aquatic invertebrates), which are

not included in this assessment, because the study considers terrestrial fauna only.


In general, these scattered trees have low value for most fauna species (especially if isolated), but may be used to a limited extent by adaptable birds and other fauna as a site for foraging or protective cover and would assist more mobile fauna move across the landscape. However in this case these trees meet the minimum sizes to be classified as “Very Large Old Trees” (VLOTs) and all contain hollows, therefore providing potential habitat for hollow dependant species.

While only two records of the federally listed Swift Parrots have been recorded within 10 km of the study area it is possible that this habitat type provides some value for this species. It is possible this species may incur a minor loss of food sources and protective shelter habitat.

4.2.3 Artificial habitat

Corresponding EVC: NA

Artificial habitats are usually constructed features including human-made structures such as fences, buildings, power poles etc. Occasionally, these structures may be used as perching or roosting sites, or locations for foraging (e.g. buildings). A range of species (e.g. small birds and microchiropteran bats) often nest or roost in structures like old fence posts and buildings, however, generally, this habitat has little value for most native fauna species and is not considered further as part of this assessment.

4.3 Wildlife corridors

Wildlife corridors are areas of habitat that facilitate the movement of fauna between two or more areas of habitat. Corridors play an important role in linking otherwise isolated areas of habitat.

Typically, a wildlife corridor is a linear strip of habitat that connects two larger patches of habitat. However, isolated trees or patches of trees could be considered as wildlife corridors (often termed as ‘stepping stones’) if they facilitate the movement of species (mainly birds) between larger areas of habitat. Waterways and their associated aquatic and riparian vegetation are often considered to be wildlife corridors. Grasslands can also be considered corridors if they facilitate the movement of grassland-dependent or ground-dwelling fauna.

The success of a corridor depends on its width, length and habitat features, and on the biology of the fauna species involved. Wildlife corridors often comprise valuable fauna habitat themselves, regardless of their connectivity value.

Given the small size of the study site it is considered unlikely that there will be a significant impact on wildlife corridors within the area.

4.4 Fauna of conservation significance

For the purpose of this assessment, fauna of conservation significance includes species and communities listed as threatened, Migratory or Marine under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, threatened under the Victorian Flora and Fauna Guarantee Act 1988, and/or included on the DSE Advisory Lists of Threatened Vertebrate or Invertebrate Fauna in Victoria (DSE 2007a, 2009).


4.4.1 Threatened fauna communities

One fauna community listed as threatened under the FFG Act has the potential to occur within the study area: Victorian Temperate Woodland Bird Community (VTWBC). The description of this community identifies key indicator bird species (the presence of which confirm the presence of the community) and associated bird species (the presence of which indicate the potential presence of the community). This community is characteristically found within box-ironbark, yellow box, cypress pine and other woodlands. The geographic area that constrains this bird assemblage can be broadly defined as the country that lies in the south-east along the sloped and plains of the Great Dividing Range.

Eleven key indicator species and seven associated bird species were identified by the desktop assessment as having been recorded historically (VBA) within 10 km of the study area. No key indicator or associated bird species were observed within the study area during the field investigation.

The study site has largely been cleared of trees and only three remnant scattered trees remain. The habitat present within the study site is not considered suitable to support the VTWBC.

4.4.2 Threatened fauna species

Of the 190 fauna species documented or predicted to occur within 10 km of the study area, 29 species (four mammals, 21 birds, two reptiles, one frogs and one invertebrates) are listed under the EPBC Act, the FFG Act, the DSE Advisory list of Threatened Vertebrate Fauna in Victoria (DSE, 2007) and/or the DSE Advisory list of Threatened Invertebrate Fauna in Victoria (DSE 2009).

The likelihood of threatened fauna species occurring within the study site was considered briefly but an in depth assessment of likelihood was not undertaken at this stage of the assessment.

Habitat in the broader study area is present for one species in particular; the EPBC-listed Striped Legless Lizard (SLL). Patches within the study site itself are also suitable habitat for this species.

The project is expected to impact on potential SLL grassland habitat within the study site. Implications for the project on the basis of impacts to the SLL are discussed further within Chapter 6.

4.4.3 EPBC Act-listed migratory and marine fauna

Eleven species known or predicted to occur within 10 km of the study area are listed as Migratory under the EPBC Act 1999.

An action is likely to have a significant impact on a migratory species if there is a real chance or possibility that it will:

Substantially modify (including by fragmenting, altering fire regimes, altering nutrient cycles or altering hydrological cycles), destroy or isolate an area of important habitat for a migratory species;

Result in an invasive species that is harmful to the migratory species becoming established in an area of important habitat for the migratory species; or

Seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an ecologically significant proportion of the population of a migratory species.


Some migratory listed species are likely to occasionally utilise habitats within nearby patches of more suitable habitat (e.g. waterways, patches of woodland), however the habitat within the actual study area is not considered to comprise any key habitat features necessary for migratory species. Migratory species are considered unlikely to regularly utilise the habitats within the study area and the works are not likely to constitute a significant impact on migratory species.

The Marine status of fauna species (as indicated under the EPBC Act) was not considered because the study site is not in or near a Commonwealth marine area.


5. Potential impacts In the absence of appropriate mitigation measures, the project could result in a range of impacts upon ecological values within and surrounding the study area. However, it is acknowledged that Airservices Australia, or their subcontractors, are experienced in the construction of projects of this type and would typically implement measures that would minimise or avoid some of these impacts.

These impacts are based on Key Threatening Processes published by the Commonwealth DSEWPaC and Potentially Threatening Processes by DSE in accordance with Section 10 of the Flora and Fauna Guarantee Act 1988 and other potential impacts perceived to be relevant to the site. In summary, potential impacts of this project include:

Loss of native vegetation from one EVC: Plains Grassy Woodland (EVC 55);

Possible loss of threatened species individuals, flora and fauna;

Loss of or disturbance to potential habitat for flora and fauna species of state significance;

Possible damage to the roots or branches (including by lopping) of established trees, resulting in possible injury or death to the trees, and possible eventual decline in habitat values;

Possible disturbance of native vegetation during the decommissioning process;

Likely disturbance to, loss of, or fragmentation of fauna habitats (including habitat suitable for threatened species);

Possible removal of litter, coarse woody debris resulting in the loss of habitat for ground-dwelling fauna species;

Possible direct disturbance to native fauna;

Possible injury to, or death of, ground-dwelling fauna species by machinery, vehicles or other activities during the construction process;

The introduction and spread of new weed species and pathogens to native flora communities during construction activities. Although a number of introduced flora species are already present in the study site, there is a possibility that more invasive or otherwise damaging environmental weeds and/or other detrimental pests;

Further spread of existing weed species into new areas, both within and beyond the study site. For example, construction vehicles and machinery working at the site may inadvertently spread weed seeds to other sites during the construction process;

Possible introduction or spread of Phytophthora cinnamomi from infected sites;

Accidental spills of chemicals and oils; and

Accidental damage to vegetation during construction (beyond any approved footprints).

The extent to which each impact actually occurs will depend upon the decommissioning technique and any mitigation measures implemented.


6. Policy and legislative implications The following chapter provides information with regard to specific biodiversity legislation and policy and is relevant to the Project. This information is not intended to provide an exhaustive list of legislative requirements but rather a summary of the key requirements. The information below is based upon GHD’s understanding of the legislation and policy, and the GHD consultants’ experience with their implementation. There is a possibility that regulatory authorities may interpret and/or implement the legislation and policy differently.

6.1 Commonwealth

6.1.1 Environment Protection and Biodiversity Conservation Act 1999

The Commonwealth Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) promotes the conservation of biodiversity by providing protection for threatened species, threatened ecological communities, migratory and marine species and other protected matters.

There are eight Matters of National Environmental Significance (MNES) identified in the EPBC Act. Certain actions – in particular, actions that are likely to have a significant impact on any MNES – are subject to a rigorous assessment and approval process (DEWHA 2009). MNES that may act as triggers for the Commonwealth assessment and approval regime for this Project are addressed below. The Protected Matters Search Tool (PMST), desktop review of DSE databases, and the field assessments were utilised to identify potential MNES for the Project.

World heritage properties

The PMST identified no World Heritage Properties within 10 km of the study area.

National heritage places

The PMST identified no National Heritage Places within 10 km of the study area.

Wetland of international significance (Ramsar sites)

The PMST identified six Wetlands of International Significance within 10 km of the study area. It is not expected that the project will have an off-site impact on wetland environments.

Commonwealth marine areas

The PMST identified no Commonwealth Marine Areas within 10 km of the study area. No marine species are considered likely to be significantly impacted by this project. It is not expected that the project will have an off-site impact on marine environments.

Threatened ecological communities

One EPBC Act-listed ecological community is predicted to occur within 5 km of the study area according to the PMST:

White Box-Yellow Box-Blakely’s Red Gum Grassy Woodland and Derived Native Grassland

This ecological community was not observed in the study area during the field assessment and is not expected to be impacted.


Threatened species

Threatened Flora

The study area is considered to provide suitable habitat for one EPBC Act-listed flora species:

Dianella amoena (Matted Flax-lily), Endangered

This species was not detected during the current field assessment of the study site but suitable habitat is present. However, due to the history of disturbance at the site and the lack of any known records for the species within 10 km of the site, it is considered unlikely that this species would be found within the study site.

Threatened Fauna

No EPBC Act-listed fauna species were detected during the site assessment. Two EPBC Act-listed fauna species, the Swift Parrot and Striped Legless Lizard, are considered possible to occur within the study site. It is considered unlikely that individuals or habitat for the Swift Parrot will be significantly impacted by this project.

The study site is right on the edge of the Striped Legless Lizard “Known/Species Likely to Occur” modelled distribution (DSEWPaC 2011). DSEWPaCs significant impact guidelines 1.1 (DSEWPaC 2009) indicate that a significant impact will occur when a project will:

• Adversely affect habitat critical to the survival of a species;

• Modify, destroy, remove, isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline;

• Result in invasive species that are harmful to a vulnerable species becoming established in the vulnerable species’ habitat;

• Introduce disease that may cause the species to decline; and

• Interfere substantially with the recovery of the species.

None of the above impacts are expected regardless of the extent of impacts within the study site. DSEWPaC has advised during discussion with GHD (pers comm Tessa Bird 4 Feb 2013) that the proposed works are “unlikely to require a referral under the EPBC Act.” Whilst a significant impact is considered unlikely to occur at a federal legislative level impacts to this species will still trigger the need for permits and mitigation under Victorian State legislation (see Section 6.2).

Migratory species

No EPBC Act-listed Migratory species were detected during this site assessment.

An action is likely to have a significant impact on a migratory species if there is a real chance or possibility that it will:

Substantially modify (including by fragmenting, altering fire regimes, altering nutrient cycles or altering hydrological cycles), destroy or isolate an area of important habitat for a migratory species;

Result in an invasive species that is harmful to the migratory species becoming established in an area of important habitat for the migratory species; or

Seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an ecologically significant proportion of the population of a migratory species.


Habitat within the actual study site is not considered to comprise an important area for migratory species and proposed works are unlikely to seriously disrupt the lifecycle of an ecologically significant proportion of a population of migratory species.

Nuclear actions (including uranium mining)

The Project is not considered to be a nuclear action.

Great Barrier Reef Marine Park

The project does not occur within the Great Barrier Reef Marine Park and is not expected to have any off site impacts that would significantly impact this marine park.

Conclusion

The proposed footprint of the project is unlikely to have a significant impact on any Matters of National Environmental Significance (MNES) listed under this Act. Therefore, a referral under the Act to the Commonwealth Minister for the Environment is unlikely to be required.

6.1.2 EPBC Act 1999 - General Permit for Threatened Species and Ecological Communities

The EPBC Act requires a proponent to obtain a permit for activities which may kill, injure, take, trade, keep or move a member of a listed threatened species or ecological community, a member of a listed migratory species, or a member of a listed marine species in or on a Commonwealth area.

As this Project is occurring on land that is leased by a Commonwealth Agency, it is considered Commonwealth land when considered under the EPBC Act.

Conclusion

The proposed Project may involve handling of threatened species during the salvage and translocation operation required for the Striped Legless Lizard. A General Permit for Listed Threatened Species and Ecological Communities will be required prior to the start of any construction works.

6.2 State

6.2.1 Flora and Fauna Guarantee Act 1988

The Flora and Fauna Guarantee Act 1988 (FFG Act) is the key piece of Victorian legislation for the conservation of threatened species and communities and for the management of potentially threatening processes. The Act seeks to put in place preventative management mechanisms to ensure no biota or ecological communities become extinct within Victoria, and to ensure that the processes that threaten biodiversity are identified and addressed. The Act is far broader than ‘endangered species’ legislation, covering ecological communities; potentially threatening processes; community involvement in conservation; and a strategic approach to biodiversity conservation and sustainable use.


Under the Act, a permit is required from DSE for the removal or disturbance of listed protected flora, or flora species that form part of listed or protected communities. The Act applies to public land and to projects undertaken by State Government authorities, even if on private land.

Whilst the study site occurs on private land (lot number 1, plan TP761485), the FFG Act 1988 will apply to this project because the work is being undertaken by a government authority. Therefore, as a minimum, the project should aim to meet the stated objectives of the FFG Act. This would involve demonstrating to DSE that measures have been taken to avoid impacts upon FFG-listed threatened species and communities, and that potentially threatening processes have been avoided or minimised. For listed items where Action Statements have been prepared, the project must be undertaken in accordance with those Action Statements.

Threatened flora and fauna communities

No FFG Act-listed flora communities were found within the study area during the investigation.

One threatened fauna community, the FFG listed ‘Victorian Temperate Woodland Bird Community’, has the potential to occur within the study area. No key indicator or associated bird species were observed within the study site during the field investigation. The study site has largely been cleared of trees and only three remnant scattered trees remain. The habitat present within the study site is not considered suitable to support the VTWBC.

Threatened flora species

There were no FFG Act-listed threatened flora species recorded during the field assessment.

One FFG Act-listed threatened flora species (See Section 3.4.2 for details) is considered to possibly occur within the study area based on the presence of suitable habitat: Dianella amoena (Matted Flax-lily). This species is also listed under the EPBC Act

Protected flora species

Many common flora species are listed as protected under the FFG Act and a permit for their removal is required from DSE, e.g. most Acacia species, flora species in the Asteraceae, Orchidaceae and Epacridaceae families. No flora species listed as protected under the FFG Act were observed during the site assessment therefore it is unlikely that a permit to remove protected flora will be required for this project.

Threatened fauna species

No FFG-listed species were detected during the site assessments during February 2013.

Two FFG-listed threatened fauna species were identified as possibly occurring within the study area for this assessment (Regent Parrot and Striped Legless Lizard). It is considered unlikely that the Regent Parrot or potential habitat for this species will be significantly impacted by this project especially if the three scattered remnant trees are retained. Whilst SLL are also unlikely to be significantly impacted some mitigation measures will be necessary to prevent impacts on this species as the study site comprises suitable habitat.


If grassland habitat is avoided then no significant impacts to FFG species are expected. Currently the extent of vegetation removal includes potential SLL habitat. Advice from DSE (pers comm Jill Flemming, DSE Benalla Office, 4 Feb 2013) indicated if grassland habitat is removed then mitigation measures for SLL should be incorporated into the project. Further advice from DSE (pers comm Steve Smith, DSE Alexandra Office, 22 April 2013) specified that the minimum level of mitigation required to reduce impacts to SLL would include:

Preparation and implementation of a salvage and translocation plan8 (approved by DSE);

Presence of an ecologist on site during construction; and

Undertake works during the SLL active season.

Potentially Threatening Processes

Without the implementation of appropriate mitigation measures, the following listed potentially threatening processes (in accordance with Section 10 of the Flora and Fauna Guarantee Act 1988) have the potential to be relevant to this project:

Habitat fragmentation as a threatening process for fauna in Victoria;

Loss of coarse woody debris from Victorian native forests and woodlands;

Loss of hollow-bearing trees from Victorian native forests;

Invasion of native vegetation by ‘environmental weeds’;

The spread of Phytophthora cinnamomi from infected sites into parks and reserves, including roadsides, under the control of a state or local government authority; and

Use of Phytophthora-infected gravel in construction of roads, bridges and reservoirs.

Conclusion

A permit to remove or disturb Protected or Threatened Flora under the FFG Act is unlikely to be required for this project as no species listed as protected or threatened under the FFG Act were identified during the current assessment. If future assessments identified the presence of any protected or threatened species or communities, then a permit under this Act would be required.

An Environmental Management Plan will be required for the decommissioning phase of this project, to document in detail the mitigation measures that would be required to avoid and minimise impacts on protected flora species, and flora and fauna habitat that may occur within the study area, and to avoid or minimise potentially threatening processes.

A salvage and translocation plan for the Striped Legless Lizard may be necessary if large amounts of grassland habitat are removed. This approach should be confirmed with DSE when the extent of clearing is known.

6.2.2 Planning and Environment Act 1987

Unless particular exemptions apply, a planning permit under the Victoria Planning Provisions (made pursuant to the Planning and Environment Act 1987) is required to remove, destroy or lop native vegetation on land, which, together with all contiguous land in one ownership, has an area greater than 0.4 hectares.

8 See http://www.dse.vic.gov.au/land-management/land/native-vegetation-home/strategic-assessment-agreement-for-future-

melbourne-growth/planning-requirements for example salvage and translocation plan requirements and methodologies.

http://www.dse.vic.gov.au/land-management/land/native-vegetation-home/strategic-assessment-agreement-for-future-melbourne-growth/planning-requirements

http://www.dse.vic.gov.au/land-management/land/native-vegetation-home/strategic-assessment-agreement-for-future-melbourne-growth/planning-requirements


DSE is the referral authority for applications where native vegetation is proposed to be impacted on public land (e.g. road reserve, river reserve). A referral is also required in cases where more than 15 scattered trees smaller than 40 cm Diameter at Breast Height (DBH) are planned to be impacted, or more than five scattered trees greater than 40 cm DBH are planned to be impacted. In addition, a referral is required to remove greater than 0.5 ha of vegetation in an EVC with a bioregional conservation status of endangered, vulnerable or rare; or, in instances where removal of greater than 1 ha of vegetation is planned in an EVC with a bioregional conservation status of depleted or least concern.

Conclusion

A planning permit to remove, destroy or lop native vegetation will be required for this project if native vegetation is proposed to be impacted.

6.2.3 Victoria’s native vegetation management – A framework for action policy 2002

The main goal of Victoria’s Native Vegetation Management – A Framework for Action (DNRE 2002) is to achieve a reversal, across the entire landscape of the long-term decline in the extent and quality of native vegetation, leading to a Net Gain. In applying the Net Gain approach to protection and clearance decisions, a 3-step approach must be adhered to. The three stages are described below in order of priority:

Avoid adverse impacts, particularly through vegetation clearance;

If impacts cannot be avoided, minimise impacts through appropriate consideration in planning processes and expert input to Project design and management; and

a) Identify and b) undertake appropriate offsets. In other words, any permitted clearing of native vegetation must be offset in a manner that adequately addresses the impacts of the proposed clearing.

Conclusion

Efforts should be made to avoid and minimise impacts to native vegetation within the study site. If impacts to native vegetation at the site cannot be avoided, then a Net Gain Assesment will be required to determine offsets for the project, and an Offset Plan would need to be prepared. A Habitat Hectare Assessment was undertaken during the current field assessment, the results of this assessment can be used to prepare the Net Gain Report once the footprint of the project has been finalised.

6.2.4 Wildlife Act 1975

In Victoria, the legislation for protecting and managing wildlife is the Wildlife Act 1975. Under this Act, ‘wildlife’ is defined as including indigenous vertebrate species (except declared pest species), invertebrate species listed under the Flora and Fauna Guarantee Act 1988 and some introduced game species. This Act does not apply to fish as defined under the Fisheries Act 1995. Penalties for the Wildlife Act 1975 are prescribed within the Wildlife Regulations 2002. These include penalties for persons who wilfully damage, disturb or destroy wildlife habitat without appropriate authorisation (Part 2, Section 9 of the Wildlife Regulations 2002).

All native fauna (listed as threatened or not) are protected under the Wildlife Act 1975. A Management Authorisation under the Wildlife Act 1975 will be required for this project to conduct salvage and translocation of Striped Legless Lizards.


Conclusion

A Management Authorisation under the Wildlife Act 1975 will be required for this project as salvage and handling of fauna is necessary as a mitigation measure during the construction process.

6.2.5 Environment Effects Act 1978

The Ministerial guidelines for assessment of environmental effects under the Environment Effects Act 1978 (EE Act) provide a range of criteria that can be used to determine whether an Environmental Effects Statement (EES) would be required for a project (page 7; DSE 2006a). Many of the listed potential effects that may warrant a referral of a project are related to flora and fauna. There are also other triggers not related to flora and fauna such as social, economic and environmental triggers that may need to be considered for the Project. There are two types of referral criteria: 1) individual potential environmental effects; and 2) a combination of potential environmental effects.

Conclusion

The project is considered unlikely to trigger any of the above listed criteria relating to flora and fauna. Therefore, on the basis of the referral criteria relating to terrestrial flora and fauna, this project is considered unlikely to require a referral under this Act. However, it is recommended that all other potential triggers (i.e., those not related to flora and fauna), are also considered.

6.2.6 Catchment and Land Protection Act 1994

There are legislative requirements for weed management that must be adhered to. For example, works must comply with sections 70A and 71 of the Catchment and Land Protection Act 1988. These provisions inhibit the transportation of noxious weeds and the movement of vehicles containing noxious weeds onto a road.

One Declared Noxious Weed was observed within the study area: Cirsium vulgare (Spear Thistle) – Restricted within the Goulburn Broken Catchment.

Conclusion

One Declared Noxious Weed was observed within the study area. Mitigation measures must be developed for the construction and post-construction phase to prevent the spread of this weed species and any other Declared Noxious Weeds that may be found within the study area in accordance with the CaLP Act.


7. Recommendations 7.1 Environmental management plan

We recommend that an Environmental Management Plan (EMP) is developed for the project and implemented in full. The EMP would be prepared once the footprint for the proposed decommissioning works had been finalised. The key issues to address in the EMP include (but are not limited to):

Limit all construction activity to as small a footprint as possible (ideally already cleared areas within fenced off areas around towers, gravelled areas around site building). This will minimise ecological impact;

Fencing of native vegetation to be retained, so that “No Go” zones are clearly delineated for construction workers to minimise any accidental damage to native vegetation during construction beyond the approved footprint. An ecologist must assist Air Services on site to identify areas to be protected before construction commences;

Limit works to the Striped Legless Lizard to the active season (October to March inclusive);

Incorporate Striped Legless Lizard specific mitigation as identified in the SLL salvage and translocation plan;

Measures to prevent the introduction of new weeds into the study area and prevent the further spread of existing weeds within the study area (especially declared noxious weeds);

Where appropriate, restore native vegetation in areas that are disturbed/destroyed as part of the construction process. Replacement species must be exclusively locally indigenous species of local provenance; and

Measures to prevent (and minimise the impacts of any) accidental chemical and oil spills.

7.2 Permits required

The following permits may be required for this project:

An EPBC Act General Permit for Listed Threatened Species and Ecological Communities will be required prior to the start of any construction works in order to carry out salvage and translocation of Striped Legless Lizards;

A permit to remove native vegetation under the Planning and Environment Act 1987 will be required if areas mapped as patches of native vegetation (Plains Grassy Woodland, EVC 55) or Minor Treeless Vegetation within Figure 1 are proposed to be impacted; and

A Management Authorisation under the Wildlife Act 1975, will be required to conduct salvage and handling of fauna as a mitigation measure during the construction process (i.e. salvage and translocation of Striped Legless Lizard).

7.3 Other next steps

GHD recommends the following next steps:

Adhere to Tree Retention Zone guidelines (DSE 2011), where possible, when determining footprint of construction works;


Prepare and implement a salvage and translocation plan for Striped Legless Lizard. The plan should include reference to the timing of works (October to March inclusive), and the need for an onsite ecologist during construction. As native vegetation is expected to be impact a Net Gain Assessment will be required to determine Offsets, and an Offset Plan will need to be prepared. A Habitat Hectare Assessment was undertaken during the current field assessment with one Habitat Zone (EVC 55- Plains Grassy Woodland) identified on site. A Net Gain Report can be prepared using the results of this Habitat Hectare Assessment; and

Develop project specific mitigation measures and incorporate into an EMP (e.g. pre-construction clearance of native fauna from the study area, fencing to protect native vegetation to be retained, and vehicle and machinery hygiene protocols to prevent introduction and further spread of weeds throughout the study area during construction).


8. References AVW 2011. Atlas of Victorian Wildlife: Victorian Fauna Database, Viridans software, Victoria.

DEH 2009. Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). EPBC Act Policy Statement 1.1. Significant impact guidelines. Matters of National Environmental Significance.

DNRE 2002. Victoria’s Native Vegetation Management – A Framework for Action. Department of Natural Resources and Environment.

DSE 2004. Vegetation Quality Assessment Manual – Guidelines for Applying the Habitat Hectares scoring method, version 1.3. Victorian Government, Department of Sustainability and Environment.

DSE 2005. Advisory List of Rare or Threatened Plants in Victoria - 2005. Victorian Department of Sustainability and Environment, East Melbourne, Victoria.

DSE 2006a. Ministerial guidelines for assessment of environmental effects under the Environment Effects Act 1978. Department of Sustainability and Environment.

DSE 2006b. Native vegetation planting standards – Guidelines for establishing native vegetation for net gain accounting. Victorian government, Department of Sustainability and Environment, East Melbourne.

DSE 2007a. Advisory List of Threatened Vertebrate Fauna in Victoria – 2007. Victorian Department of Sustainability and Environment, East Melbourne, Victoria.

DSE 2007b. Native Vegetation. Guide for assessment of referred planning permit applications. Victorian Government, Department of Sustainability and Environment, East Melbourne.

DSE 2009. Advisory List of Threatened Invertebrate Fauna in Victoria – 2009. Victorian Department of Sustainability and Environment, East Melbourne, Victoria.

DSE 2009b. Technical Note on Degraded Treeless Vegetation (DTV). Department of Sustainability and Environment, Melbourne, Victoria.

DSE 2011 Defining an acceptable distance for tree retention during construction works – Native Vegetation Technical Information Sheet. Victorian Department of Sustainability and Environment, East Melbourne, Victoria.

DSEWPAC 2009, Matters of National Environmental Significance, Significant Impact Guidelines 1.1, Environment Protection Biodiversity and Conservation Act 1999. Department of Sustainability, Environment, Water, populations and Communities. Commonwealth of Australia.

DSEWPAC 2011, Environment Protection Biodiversity and Conservation Act 1999 referral guidelines for the vulnerable striped legless lizards, Delma impar. Department of Sustainability, Environment, Water, populations and Communities. Commonwealth of Australia.

FIS, 2011. Flora Information System: Victorian Flora Database, Viridans software, Victoria.

PMST. The Environment Protection and Biodiversity Act 1999 (EPBC Act) ‘Protected Matters Search Tool’. Commonwealth Government, Department of Environment and Heritage, www.deh.gov.au

Walsh N. G. and Entwisle T. J. 1994. Flora of Victoria Volume 2, Ferns and allied plants.

Walsh N. G. and Entwisle T. J. 1996. Flora of Victoria Volume 3, Dicotyledons Winteraceae to Myrtaceae.

Walsh N. G. and Entwisle T. J. 1999. Flora of Victoria Volume 4, Dicotyledons Cornaceae to Asteracea

http://www.deh.gov.au/

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Document Status

Rev No.

Author Reviewer Approved for Issue Name Signature Name Signature Date

Draft Z. Jellie K. Dalton

V. McKenzie S. Bidwell

7/3/13

0 Z. Jellie K. Dalton

V. McKenzie S. Bidwell

R. Signor

24/4/13

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