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DSB.501.001.0001 ROYAL COMMISSION INTO NATIONAL NATURAL DISASTER ARRANGEMENTS WITNESS STATEMENT OF DR SALLY BOX, THREATENED SPECIES COMMISSIONER, TO NOTICE TO GIVE A WITNESS STATEMENT DATED 15 MAY 2020 (NTS-HB1-305) Name: Address: Dr Sally Box, Threatened Species Commissioner John Gorton Building King Edward Terrace Parkes ACT 2600 Occupation: Public Servant Date: 22 May 2020 1. This statement made by me accurately sets out the evidence that I am prepared to give to the Royal Commission into National Natural Disaster Arrangements (Royal Commission). This statement is true and correct to the best of my knowledge and belief. 2. I have based this statement on my own knowledge and expertise and published reports. Where my response is based on information or material provided to me by another person, I have identified that person or the relevant source of information. 3. This statement has been prepared with the assistance of lawyers engaged by the Commonwealth, in response to and in compliance with a notice to provide a statement. It is produced to the Royal Commission on the basis that it will be tendered and received in evidence by the Royal Commission pursuant to that notice and on the basis that the statement will be treated as evidence which is subject to section 6DD of the Royal Commissions Act 1902 (Cth). Format of my witness statement 4. I have been served a Notice to Give Information (Witness Statement) NTS-HB1-305 dated 15 May 2020 (the Second Notice). 4.1. The first question of the Second Notice asks me to include my full response to an earlier Notice to Give Information (NTG-HB1-102) (the First Notice) which I provided on 28 April 2020. Questions 2, 3, 5, 7-10, 12 and 20 ask me to expand upon aspects of my response to the First Dr Sally Box, Threatened Species Commissioner I Response to Notice to Give a Witness Statement I NTS-HB1-305 122 May 2020 1

DSB.501.001.0001 ARRANGEMENTS WITNESS ......DSB.501.001.0002 Notice. Questions 4, 6, 11, 13 and 19 request that I incorporate or exhibit further material. The remaining questions address

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Page 1: DSB.501.001.0001 ARRANGEMENTS WITNESS ......DSB.501.001.0002 Notice. Questions 4, 6, 11, 13 and 19 request that I incorporate or exhibit further material. The remaining questions address

DSB.501.001.0001

ROYAL COMMISSION INTO NATIONAL NATURAL DISASTER ARRANGEMENTS

WITNESS STATEMENT OF DR SALLY BOX, THREATENED SPECIES COMMISSIONER, TO NOTICE TO GIVE A WITNESS STATEMENT

DATED 15 MAY 2020 (NTS-HB1-305)

Name:

Address:

Dr Sally Box, Threatened Species Commissioner

John Gorton Building

King Edward Terrace

Parkes ACT 2600

Occupation: Public Servant

Date: 22 May 2020

1. This statement made by me accurately sets out the evidence that I am prepared to give to the Royal Commission into National Natural Disaster Arrangements (Royal Commission). This statement is true and correct to the best of my knowledge and belief.

2. I have based this statement on my own knowledge and expertise and published reports. Where my response is based on information or material provided to me by another person, I have identified that person or the relevant source of information.

3. This statement has been prepared with the assistance of lawyers engaged by the Commonwealth, in response to and in compliance with a notice to provide a statement. It is produced to the Royal Commission on the basis that it will be tendered and received in evidence by the Royal Commission pursuant to that notice and on the basis that the statement will be treated as evidence which is subject to section 6DD of the Royal Commissions Act 1902 (Cth).

Format of my witness statement

4. I have been served a Notice to Give Information (Witness Statement) NTS-HB1-305 dated 15 May 2020 (the Second Notice).

4.1. The first question of the Second Notice asks me to include my full response to an earlier Notice to Give Information (NTG-HB1-102) (the First Notice) which I provided on 28 April 2020. Questions 2, 3, 5, 7-10, 12 and 20 ask me to expand upon aspects of my response to the First

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Notice. Questions 4, 6, 11 , 13 and 19 request that I incorporate or exhibit further material. The remaining questions address topics not raised , but related to, topics in the First Notice.

4.2. In preparing my statement I have:

4.2.1 . set out my response to the First Notice;

4.2.2. amended my response to the First Notice to respond to the requests for further information in the Second Notice (to the extent to which I can respond to those questions);

4.2.3. set out my responses to the questions on new topics; and

4.2.4. annexed material as requested.

5. To the extent possible, I have sought to identify the relevant part of the First Notice and the Second Notice to which my statement relates.

Second Notice question 1: include the full response to NTG-HB1-102 in the Witness Statement

First Notice question 1: Describe (in general terms) your: 11. key qualifications, professional experience and academic research; and

current statutory and/or other functions, as Threatened Species Commissioner, relevant to threatened species management and conservation, particularly from the perspective of bushfire (The following response includes an answer to question 21 in the Second Notice, see at [11.31 below.)

6. I hold a Bachelor of Science (Honours) from the University of Adelaide (awarded in 1997) and a PhD in plant sciences from the Australian National University (awarded in 2003). My PhD research was on the impacts of elevated atmospheric carbon dioxide on plant growth and nutrition.

7. Since 2003, I have worked for the Australian Public Service in departments responsible for environment and climate change matters, in various policy advice and program implementation roles. My roles and responsibilities have included assessment of threatened species for listing under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) , the development of emissions reduction and carbon sequestration methods for the land sector under the Emissions Reduction Fund (and the former Carbon Farming Initiative), and the design and delivery of the Green Army program. Immediately prior to my appointment as Threatened Species Commissioner, I contributed to the development of international climate change policies and partnerships, including as a member of the Australian Government's

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delegation to the United Nations Framework Convention on Climate Change (UNFCCC), in the former Department of the Environment and Energy.

8. I have held the position of Threatened Species Commissioner since January 2018. The Threatened Species Commissioner is a non-statutory, Senior Executive Service Band 1 position within the Department. As a member of the Department's senior executive, I report to the Secretary through the First Assistant Secretary of the Biodiversity Conservation Division to help deliver the Corporate Plan in line with the Public Service Act 1999.

9. The Threatened Species Commissioner model was established in 2014 to bring a new national focus to threatened species conservation efforts and to help address the growing number of native flora and fauna in Australia facing extinction. I am the second person to hold this position. Terms of reference to guide the work of the Commissioner were approved by the then Minister for the Environment, the Hon Greg Hunt in 2015 and can be found on the Department's website.1

10. Broadly speaking, my role as Threatened Species Commissioner is to champion the development and implementation of practical actions to support threatened species recovery, contribute to threatened species policy and program development, bring partners and resources together to deliver on-ground change, promote awareness of threatened species at a national level and support Indigenous people and local communities in their efforts to avoid species extinctions.

11 . One of my key responsibilities as Threatened Species Commissioner is to lead and report on the implementation of the Australian Government's Threatened Species Strategy 2015 - 2020,2 which is the guiding policy document that outlines the Government's approach to protecting and recovering Australia's threatened species.

11.1 . The Strategy establishes key action areas including habitat improvement, establishing safe havens for species most at risk and emergency interventions to avert extinction of threatened species.

11.2. The Strategy includes explicit and measurable targets to improve the trajectory of 70 priority threatened animals and plants, improve

Threatened Species Commissioner Terms of Reference: https://www, environment gov. a.u/syste rn/files/pages/fc0ed96c-43e9-45b2-98ce-6f9d 1520D182/files/commissioner-tor. pdf

The Strategy is available at http://www. environment. gov.a u/system/files/resou rces/51 b0e2d4-50ae-49b5-8317-081 c6afb3117 /files/ts-strategy. pdf

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threatened species recovery practices and tackle the impact of feral cats on threatened species.

11.3. The Strategy does not specifically address risks to threatened species from natural hazards, however it does recognise inappropriate fire regimes as a threat to many of the Strategy's priority plants, birds and mammals. Furthermore, implementation of the Strategy' s approach and action plan supports threatened species to be more resilient to stochastic events such as bushfire, to mitigate threats from inappropriate fire regimes and to assist in species recovery following impacts of fire. These actions are delivered in partnership with others, examples include:

11 .3.1 . Action to recover the Mongarlowe Mallee (Eucalyptus rec1,1Na) ,

one of Australia's rarest Eucalypts and one of the 30 priority plants in the Strategy, has included ex situ conservation efforts to increase the population size and thereby increase species resilience. In actions coordinated by the NSW Government the known six individuals in the wild were marked and protected during the 2019-20 bushfires.

11 .3.2. Action to recover Gilbert's Potoroo (Potorous gilbertil) , the world's rarest marsupial and one of 20 priority mammals in the Strategy, has included feral predator management and establishment of an additional insurance population following the devastating impact of a wildfire in 2015.

12. My role as Threatened Species Commissioner complements the Australian Government's responsibilities for threatened species protection and recovery under the EPBC Act. I do not have any statutory functions under the EPBC Act or otherwise.

13. Prior to the 2019-20 bushfire season, I did not have a direct and defined role in relation to bushfire mitigation, preparation, response or recovery. However, inappropriate fire regimes are recognised as a threat to many native species3

and as such, in my role as Threatened Species Commissioner, I have contributed to the design and delivery of programs that support activities to reduce the intensity and frequency of fires where they are detrimental to threatened species recovery. This includes, for example, acti.vities such as the implementation of traditional Indigenous burning regimes in remote areas of Australia that are important for the persistence of threatened species such as

3 Cresswell ID, Murphy H j2016). Biodiversity: Altered fire regimes. In: Australia state of the environment 2016, Australian Government Department of the Environment and Energy, Canberra. https.//soe.environment.gov.au/theme/biodiversity/topic/2016/altered-fire-reqimes

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the Greater Bilby (Macrotis Jagotis) and Great Desert Skink (Liopholis kintore1). These managed burning practices create a mosaic of burnt and unburnt habitat suitable for these threatened species and reduce the occurrence of large and destructive fires.

First Notice question 2: Describe (in general terms) your involvement as Threatened Species Commissioner in the 2019-2020 bushfires - including in mitigation, preparation, response and recovery phases. (The following response includes answers to questions in the Second Notice including question 11 see at [18] below, question 3 see at [221 to [24] below, question 4 see at [26] below. question 5 see at [2TI below)

14. As Threatened Species Commissioner, I have had two roles in relation to the 2019-20 bushfires: i) as Chair of the Wildlife and Threatened Species Bushfire Recovery Expert Panel (Expert Panel) and ii) as a member of the Department's senior leadership team providing advice to Government on the bushfire impacts and response.

15. In both roles, my involvement in the 2019-20 bushfires has been restricted to the response and recovery phases, particularly as it relates to the assessment of impacts on, and recovery of, animals, plants, ecological communities and other natural assets following the fires.

16. The Minister for the Environment appointed me as Chair of the Expert Panel, which was convened in January 2020 to help inform the Australian Government's response to the 2019-20 bushfires.

17. The role of the Expert Panel, which first met on 15 January 2020, is to:

17.1. advise on spatial and ecological information to assess bushfire impacts on animals, plants, ecological communities and other natural assets and their cultural values for Indigenous Australians;

17.2. assist the Minister for the Environment and Government to prioritise species and locations requiring intervention, and inform the delivery of the Government's response to the fires; and

17.3. advise on the recovery actions needed to support the immediate survival and medium and long-term recovery and resilience of affected animals, plants and ecological communities and natural assets and values.

18. The Expert Panel's Terms of Reference, membership and meeting communiques are on the Department's website:• I have annexed copies of the

4 Information on the Expert Panel is available at https://www.environmentgov.au/biodiversity/bushfire-recovery/expert-panel

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Terms of Reference, membership and meeting communiques of the Expert Panel as a bundle of documents at Annexure A to this statement.

19. As chair of the Expert Panel, and as a member of the Department's senior executive, I have facilitated collaboration and coordination with State and Territory government agencies, other scientific experts (including experts from the National Environmental Science Program's (NESP) Threatened Species Recovery Hub), non-government organisations, the private sector and departmental colleagues to i) share data, information and analysis of bushfire impacts on wildlife and threatened species, and ii) support coordinated on-ground recovery efforts. My branch has provided secretariat services to the Expert Panel and commissioned expert advice and reports on its behalf.

20. As a member of the senior executive team of the Biodiversity Conservation Division, I have provided advice to the Minister for the Environment on investment programs for bushfire recovery, including the design and delivery of the $50 million Wildlife and Habitat Bushfire Recovery Package (the Package). The Package includes a $25 million emergency intervention fund, the allocation of which is informed by the advice of the Expert Panel.

21. An overview of the components of the package are provided below (as requested by the Second Notice), however, the details of individual contracts and activities are managed by another area within the Department.

22. The $25 million emergency intervention fund has been allocated as follows:

22.1. $13 million for New South Wales (NSW), Victoria, South Australia, Tasmania, Western Australia and the Australian Capital Territory for interventions proposed by those states and territories that include activities such as on-ground assessment of impacts, as well as on­ground management measures such as predator control.

22.2. Up to $12 million to a current open competitive grants round called the "Wildlife and Habitat Bushfire Recovery Program". The first tranche applications have been received and are currently being assessed, and the second tranche closes on 28 May 2020.

23. The remaining funds in the Package have been allocated as follows:

23.1. $5 million for Greening Australia to support native seed and plant supply for the restoration of bushfire affected areas and conservation of valuable habitat.

23.2. $2.5 million for Conservation Volunteers Australia to coordinate and mobilise volunteers responding to environmental impacts of bushfires.

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23.3. $1 million for the Foundation for National Parks & Wildlife to support the Wildlife Heroes Program to resp.ond to bushfires impacts, including by helping wildlife carers with out of pocket expenses, veterinary expertise and mental health support.

23.4. $1 million each for Zoos SA, Zoos Victoria and Taronga Zoo to support wildlife rescue and rehabilitation, and ex situ conservation measures.

23.5. $2.6 million to 17 Natural Resource Management (NRM) regional bodies for emergency pest and weed management, and habitat management measures, such as fencing,

23.6. NRM regional bodies have submitted project proposals for a further $4.3 million in funding. These proposals are currently being assessed.

23.7. As part of additional funding for NRM regional bodies, $100,000 has been allocated to OceanWatch Australia to accelerate coordination of aquatic habitat rehabilitation throughout fire affected coastal NRM regions.

23.8. The Department is continuing to progress the delivery of a further $6.3 million in funds for community wildlife carers, animal hospitals, environment groups and zoos to rescue and rehabilitate wildlife and support ex situ conservation, such as captive breeding programs.

24. The Minister for the Environment announced an additional $150 million investment in bushfire recovery for native wildlife and habitat areas on 12 May 2020 with the money to be allocated as follows:5

5

24.1 . $110 million will be directed to strategic on-ground support for the most impacted native species in vulnerable bushfire-affected regions. These actions will focus on preventing extinction and limiting species decline, including interventions such as feral animal and weed control , revegetation and regeneration, protection of refuges and landscape management delivering umbrella benefits for plants and animals.

24.2. $12 million will be made available for projects to engage local communities in conserving their local environment and driving recovery and to support knowledge exchange on Indigenous cultural burning and land management.

24.3. $28 million will resource further scientific assessment and planning coordination for our most at-risk species under Australia's environmental

The announcement is available at: https://mtnister.awe.gov.au/ley/media- releases/150-million-funding-boost-for-bushfire-affected-wildlife-and-plants

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law, ensuring we are well placed to understand the actions needed to recover these species, and support the Expert Panel and Department in their critical advisory and implementation roles.

25. Also in my capacity as a member of the senior executive team of the Biodiversity Conservation Division, I have played a leading role in communicating to stakeholders and the general public about the impacts of the 2019-20 bushfires on wildlife and threatened species, the work of the Expert Panel, and the Australian Government's recovery efforts, including via the Department's website, traditional media and the Threatened Species Commissioner's social media channels.

26. I have supported the Minister for the Environment to host a series of roundtables with stakeholder groups (non-government wildlife care and environment organisations, scientists, land managers, philanthropy, heritage and koala experts) to hear about the impacts of the bushfires on environmental and cultural assets and to seek advice from stakeholders to inform the Government's response. I have annexed a copy of a summary of the key discussions and key recommendations of the roundtables at Annexure B. I attended all roundtables, with the exception of Roundtable 4: Business and philanthropy.

27. My role also includes liaising with the National Bushfire Recovery Agency to support the coordination of, and reporting on, the Australian Government's response to the 2019-20 bushfire recovery efforts.

27.1. This includes regular sharing of factual information for input to briefings to ministers and senior executive and responses to stakeholder correspondence, and provision of updates to the National Bushfire Recovery Agency on the delivery of the Wildlife and Habitat Bushfire Recovery Package.

27.2. Officers from the National Bushfire Recovery Agency have attended some stakeholder roundtables hosted by the Minister for the Environment (see paragraph 26 above) and attended an Expert Panel meeting as an observer. I have spoken with the National Bushfire Recovery Coordinator, Andrew Colvin APM OAM, on several occasions to discuss the impact of the bushfires on the environment and the delivery of the Government's response.

First Notice question 3: Describe your assessment of the extent of the impacts of the 2019-2020 bushfires on flora and fauna (including threatened species). {The following response includes answers to questions in the Second Notice including. question 6 see at [30] below, questions 14 and 16 at [311 and paragraphs reference therein, question 15 from [831 to [961 and

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paragraphs referenced therein, question 2 at [58] and questions 17 and 18 from [97] to (106])

28.

29.

30.

31.

6

My assessment of the extent of the impacts of the 2019-20 bushfires on flora and fauna (including threatened species) is informed by assessments undertaken by the Expert Panel and the Department. in collaboration with a range of species experts and State and Territory government agencies, since January 2020.

The impact of the 2019-20 bushfires on flora and fauna (including threatened species) has been severe. The fires covered an unusually large area and, in many places, burnt with unusually high intensity. More than 330 threatened and migratory species listed as matters of national environmental significance (MNES) under the EPBC Act were in the path of the bushfires (with more than 10 per cent of their known or likely distribution within the fire extent) .6 The entire known range of some species was burnt. For some species that were considered threatened before the fires, the fires have now likely increased their risk of extinction. Many other fire-affected species that were considered secure before the fires, have now lost much of their habitat and may be imperilled.

The Department's response to Question 1 in its Notice to Give Information (NTG-HB1-004) issued by the Royal Commission to the Department on 3 April 2020 (Notice to Give) summarises the assessments undertaken by the Department and the Expert Panel on the impacts of the 2019-20 bushfires on listed threatened and migratory species, listed threatened ecological communities and a number of unlisted animal species (including mammals, birds, reptiles, frogs, fish and spiny crayfish) and provides links to key documents on the Department's website. My contribution to that aspect of the Department's response is set out at Annexure C, and I do not have anything further to add to that assessmenl

The Second Notice requested that I provide an overview of the process used to identify and assess the nature of the impacts of the 2019-20 bushfires on threatened species and/or communities and other flora and fauna, including to explain how the Expert Panel is using the Preliminary Analysis Area Map and the National Indicative Aggregated Fire Extent Dataset. The Second Notice also requested that I provide an overview of the process used to prioritise the species and/or communities requiring urgent management intervention. The information is provided in paragraphs 32 to 52 immediately below, in paragraphs 60 to 69 for plant species, and in paragraphs 75 to 82 for invertebrate species.

Protected species in bushfire affected areas http://www. environment. gov. au/b iod iversity/bushfire-recovery/resea rch-a nd-resou rces

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Process for identifying protected species in bushfire affected areas

32. The first step taken to assess the nature and extent of the impact of the 2019-20 bushfires on threatened species and other flora and fauna was to identify the threatened and migratory species listed under the EPBC Act which have more than 10 per cent of their known or predicted distribution in areas affected by bushfires in southern and eastern Australian between 1 August 2019 and 13 January 2020. The report 'Protected species in bushfire affected areas' was published on the Department's website on 20 January 2020 and is Exhibit A to this statement.

33. To identify threatened and migratory species within the fire extent, the Department assessed the spatial overlap between the fire extent compiled from State fire agencies (which was later published as the National Indicative Aggregated Fire Extent Dataset) and the modelled known and likely distribution of listed threatened and migratory species protected under the EPBC Act.

34. The National Indicative Aggregated Fire Extent Dataset (the Dataset), within the Preliminary Analysis Area, was intersected with maps of the modelled distributions of species protected under the EPBC Act to estimate the potential impact of the fires. The species distribution maps include areas where listed species are known to occur, or are predicted to occur, based on their habitat preferences.

34.1. For example, the Vulnerable Slaty Red Gum (Eucalyptus glaucina) is estimated to have had over 20 per cent of its known or likely habitat burnt in the 2019-20 fires.

34.2. For example, the Endangered Kangaroo Island Dunnart ( Sminthopsis aitkem) is estimated to have had over 80 per cent of its known or likely habitat burnt in the 2019-20 fires.

35. The Species of National Environmental Significance spatial dataset maintained by the Department was the primary source of spatial information on EPBC Act listed threatened and migratory species used for rapid assessment of bushfire impacts.

36. A Preliminary Analysis Area (PAA) was defined to focus the assessment on southern Australia. The restriction of the PAA to southern parts of Australia was based on an understanding that the 2019-20 fire season was anomalous in southern Australia. This has since been reviewed and verified through the analysis of satellite imagery. The PAA uses boundaries from the Interim Biogeographical Regionalisation of Australia (I BRA, Department of the

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Environment, 2012) and the included regions were selected based on expert opinion.

37. Maps of the two examples described above, together with a map of the Preliminary Analysis Area, are annexed to my statement in the bundle of documents titled Annexure D.

38. A summary of the results of the assessment are described in the Department's response to Question 1 in its Notice to Give, set out at Annexure C, and the report at Exhibit A.

39. This assessment was just the first step in analysing the potential impacts of the bushfires on species and communities. This assessment was based on fire extent only and did not consider the severity of the fire in different locations or individual species traits which may make them more or less vulnerable to fire impacts. Further, it did not examine species not listed as threatened or migratory under the EPBC Act.

Process for assessment of impacts of fires on threatened ecological communities

40. To assess the impacts of the 2019-20 bushfires on threatened ecological communities, the Department assessed the spatial overlap between the National Indicative Aggregated Fire Extent Dataset, within the PAA, and maps of the estimated distributions of threatened ecological communities listed under the EPBC Act.

41. The results indicated that, of the 84 nationally listed threatened ecological communities, 37 had some of their estimated distribution within the fire extent and 20 had more than 10 per cent of their estimated distribution within the fire extent.

41.1. For example, the Upland Basalt Eucalypt Forests of the Sydney Basin Bioregion Threatened Ecological Community is one of four threatened ecological communities with greater than 50 per cent of its distribution within the fire extent.

42. From this initial fire overlap assessment, seven fire-affected threatened ecological communities of greatest initial concern and highest priority for detailed impact assessment were identified. These threatened ecological communities were identified on the basis that they are likely to be more fire sensitive, because they typically experience infrequent fire or no fire at all, and are consequently poorly adapted to fire. These include peatlands, rainforests, wet sclerophyll forests and a highly threatened heathland that has burnt too frequently in recent years to maintain its characteristic biota.

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43. A summary of the results of the assessment is described in the Department's response to Question 1 in its Notice to Give, set out at Annexure C to this statement, and the report exhibited to this statement and named Exhibit 8 . The report is also available on the Department's website.7 A map illustrating fire overlap for the Upland Basalt Eucalypt Forests of the Sydney Basin Bioregion Threatened Ecological Community is also annexed to my statement and titled Annexure E1 .

44. Nineteen threatened ecological communities were identified as priorities for the purpose of a current open competitive grants round called the "Wildlife and Habitat Bushfire Recovery Program'' (see paragraph 22.2). Priorities include all threatened ecological communities with more than 10 per cent of their estimated distribution within the fire extent (with the exception of two threatened ecological communities that were excluded following expert advice that they had not been adversely impacted), plus one threatened ecological community (Littoral Rainforest and Coastal Vine Thickets of Eastern Australia) that had less than 10 per cent of its total national estimated distribution in the fire extent, but had higher proportions within the fire extent in some regions, and is considered fire sensitive and of concern.

45. To refine the initial results, the Department assessed the spatial overlap between the National Indicative Aggregated Fire Extent Dataset, within the PAA, and more detailed state vegetation mapping units associated w1th threatened ecological communities to identify, for each NRM region, those communities that had a substantial proportion oftheir local, occurrences within the fire extent, and to consider their relative priority based on fire sensitivity. This assessment identified 25 threatened ecological communities that were a priority for further investigation of impacts and potential recovery action in one or more regions. The assessment is on the Department's website and annexed to my statement, marked Annexure E2.

46. The assessments were based on fire extent and did not take into account the severity of the fire in different locations.

Process for assessment of impacts and prioritisation of animal species

47.

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The Expert Panel coordinated further assessments of the impacts of the 2019-20 fires on animal species, including species not listed as threatened or migratory under the EPBC Act, in order to prioritise species for management response. This assessment built on the analysis of species distribution and fire overlap, described in paragraphs 32 to 39, by a) extending the analysis to taxa not already listed under the EPBC Act and, b) incorporating predicted variation

Threatened ecological communities assessments are available at: https://www.environment.gov,au/biodiversity/bushfire-recovery/priority-tecs

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in species' responses to fire by examining their physical , behavioural, ecological and life history traits.

48. The report 'Provisional list of species requiring management intervention' and the accompanying technical report 'Rapid analysis of impacts of the 2019-20 fires on animal species and prioritisation of species for management response' are published online. 8 These reports are set out at Annexures F1 and F2 respectively. A summary of the process and methods used to assess impacts is provided in paragraphs 49 to 52 below and is based on the information in these reports.

49. The assessment was led by Professor Sarah Legge (an Expert Panel member), with input from species experts, Expert Panel members, Departmental officers and state government representatives. The list of authors and contributors is included in the technical report.

50. This assessment established a list of 224 animal species with distributions that overlap with fire-affected areas by 1 O per cent or more (if listed as threatened under the EPBC Act or by the International Union for the Conservation of Nature (IUCN) Red List) or by 30 per cent or more (if not listed as threatened under the EPBC Act or by IUCN).

8

50.1. The assessment considered mammal, bird, frog and reptile species, fish species that are listed, or proposed for listing, under the EPBC Act or by the IUCN, all terrestrial invertebrates listed under EPBC Act, and all crayfish in the genus Euastacus (because their taxonomy, status and distribution had been rec-ently reviewed and the genus was considered to be more vulnerable to fire than other crayfish genera). The assessment did not consider other unlisted invertebrates, which were assessed separately (see paragraphs 75 to 82).

50.2. To assess fire overlap, the National Indicative Aggregated Fire Extent Dataset was used for all groups except birds (as Birdlife Australia had already carried out an analysis of the spatial overlap between bird distributions, relying on bird presence data from their databases, and different fire extent data). Analysis of fish impacts included the overlap of the fish distributions with the fire extent plus waterways 80 kilometres downstream of the fire extent, to account for the impacts of mass sedimentation events downstream of burnt areas.

50.3. Species dfstribution information was drawn from different datasets, including the Species of National Environmental Significance spatial dataset (spatial distribution models of EPBC Act listed species), the Department's Species Observation System database (point records), as

Available at www.environment.gov.au/biodiversjty/bushfire-recovery/priority-animals.

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well as records from the Atlas of Living Australia, records held by Birdlife Australia and data compiled during recent taxa assessments by the IUCN and updated by species experts.

51. Priority species for urgent management intervention were then identified based on three factors: a) the extent of fire overlap, b) the species' pre-fire imperilment (i.e. whether it was already at risk of extinction, and to what extent), and c) species traits that make them more or less vulnerable to fire.

51.1. Each species was assigned a risk score based on the extent of its fire overlap and its pre-fire imperilment (for example, the maximum risk score was given to a critically endangered species with more than 80 per cent of its distribution in the fire extent).

51.2. Species were prioritised for urgent management intervention if a) they had a high risk score, orb) if they had an intermediate risk score plus high trait scores for fire- or post-fire mortality.

51.3. Species traits that affect mortality during and after fire include physical attributes (e.g. size, ability to flee fire), and behavioral and ecological attributes (e.g. ability to find food post-fire, susceptibility to predators post-fire, types of shelter used). Considering these vulnerabilities can also inform the most relevant management interventions. The list of traits compiled for each animal group, together with the trait analysis and scores for species within each animal group, are available in the bundle of spreadsheets exhibited to this statement titled Exhibit C1 to CS.

51.4. To illustrate how the assessment of traits influenced the prioritisation of animal species, consider the White-throated Needletail (Hirundapus caudacutus) and the Western Bassian Thrush (Zoothera /unulata halmaturina). Both taxa are listed as Vulnerable by the EPBC Act, and in both taxa between 10 and 30 per cent of their Australian distributions overlapped with fire. However, the thrush was prioritised for urgent management intervention and the needletail was not, because of differences in trait scores. The thrush is vulnerable to extensive fire because it is less able to flee (it flies short distances) whereas the needletail is highly mobile and capable of fleeing a fast-moving fire. Further, the thrush lives on the ground, is sedentary and prefers long unburnt habitat, so post-fire mortality could be high. The needletail, by contrast, lives above the canopy, is dispersive and does not have a strong preference for long unburnt vegetation.

52. This assessment identified 119 animal species in need of urgent management intervention. A summary of the results of the assessment is described in the Department's response to Question 1 in its Notice to Give set out at

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Annexure C to this statement, and the reports set out at Annexures F1 and F2.

53. Further to the above, and as foreshadowed in the Department's response to Question 2 in its Notice to Give, the Expert Panel has been progressing work to assess the impacts of the 2019-20 bushfires on plant species and invertebrate species. These assessments were published on the Department's website on 23 April 20209 and are summarised below.

Extent of the impact on plant species

54. The 2019-20 bushfires have had severe impacts on many plant species in southern and eastern Australia. While many plants have the capacity to respond positively to fire, the cumulative impact of stressors like high fire frequency or severity, drought, herbivory, or disease has placed many species at risk.

55. A national provisional assessment of fire-affected plant species (led by Dr Rachael Gallagher in collaboration with the Expert Panel and species experts) assessed more than 19,000 plant species against 11 criteria, which combined the extent of the species' range burnt, species' fire response traits and the interacting effects of other stressors such as drought, herbivory, disease, weed invasion and erosion. The assessment included threatened species listed under the EPBC Act or state legislation, as well as plant species not listed as threatened. As requested by the Second Notice, further information on the process for assessment of impacts on plant species is provided in paragraphs 60 to 69 below.

56. The provisional prioritisation identified 709 plant species at high risk from the 2019-20 bushfires, of which 471 plant species were identified as the highest priorities for urgent management intervention. The provisional high priority list covers 127 genera and spans a variety of vegetation types.

57. Some species, like the Forrester's Bottlebrush {Callistemon forresterae) , Betka Bottlebrush {Callistemon kenmorrisonil) , and Grey Deua Pomaderris (Pomaderris gilmourii var. cana) are at imminent risk of extinction because all of their known or modelled range has been burnt, and they are exposed to significant other stressors such as pre-fire drought conditions, high fire frequency or severity, or plant diseases like Phytophthora or Myrtle Rust.

9 Plant and Invertebrate assessments are avaflable at https: //www.environment.gov. a u/biodive rsity/b ushfire-recovery/priority-inve rtebrates https://www.environment.qov.au/biodiversity/bushfire-recovery/priority-p lants

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Forrester's Bottlebrush (Callistemon forresterae)

Credit: Walsh, Neville, 2020 Royal Botanic Gardens Board

Betka Bottlebrush (Callistemon kenmorrisonil)

Credit: Walsh, Neville, 2020 Royal Botanic Gardens Board

• An image of Grey Deua Pomaderris (Pomaderris gilmourii var. cana) is not available.

58. The provisional list is not complete but it is an important step in understanding and responding to the bushfires. Our understanding of the fire impacts on plant species will improve after information from on-ground surveys is gathered, or as improved data sources become available. New information may tell us that the fire impacts have been more severe, or less severe, than previously thought.

59. The provisional list of 471 plant species identified as the highest priorities for urgent management intervention is published on the Department's website, along with a technical report that describes the framework and methods used to identify species at risk.10

Process for assessment of impacts and prioritisation of plant species

60.

61.

10

As described above, a national provisional assessment of fire-affected plant species was undertaken to identify highly impacted plant species, and plant species in need of urgent management intervention.

The resulting report 'Provisional list of plants requiring management intervention' and the accompanying technical report 'Interim national

The plant summary and technical reports are available at: https://www.environment.gov, au/system/files/pag es/289205b6-83c5-480c-9a 7 d-3fdf3cde2f68/files/su mmary-list-pla nts-req u irlng-u rgent-management-intervention. pdf https: //www. environment. gov. au/system/files/pag es/289205b6-83c5-480c-9a 7 d-3fdf3cde2f68/files/i nterim-report-pla nts-requ iring-urgent-management-intervention. pdf

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prioritisation of Australian plants affected by the 2019-20 bushfire season' are annexed to this statement and labelled Annexures G1 and G2 respectively. A summary of the process and methods used to assess impacts is provided below and is based on the information in these reports.

62. The assessment was led by Dr Rachael Gallagher, with input from species experts, Expert Panel members, Departmental officers and state government representatives. The prioritisation was based on a framework developed in consultation with experts in plant and fire ecology and endorsed by the Expert Panel. The list of contributors is included in the technical report.

63. The assessment considered plant species listed as threatened under the EPBC Act, plant species listed under state legislation or endemic to the state (NSW, Victoria, Queensland, WA, SA, Tasmania and ACT), and two specific vegetation groups which span state borders: subalpine treeless vegetation, and rainforest taxa.

64. To assess fire overlap, the National Indicative Aggregated Fire Extent Dataset, within the PAA, was intersected with species distribution data. Multiple types of distribution data were used, including the Species of National Environmental Significance spatial dataset (modelled species distributions; used for EPBC Act listed species), and cleaned occurrence records from the Australasian Virtual Herbarium and modelled ranges based on climate and soil conditions (used for non-EPBC Act listed species).

65. Species were assessed against 11 criteria to identify plant species at the greatest potential risk of population declines or local extinctions following the 2019-20 bushfires. The criteria included: (A) interactive effects of fire and drought, (B) exposure to short intervals between excessive fires, (C) post-fire herbivore impacts, (D) post-fire disease susceptibility, (E) high fire severity, (F) risk of weed invasion, (G) elevated winter temperatures or changed temperature regimes, (H) fire sensitivity based on species' traits, (I) risk of impacts from post-fire soil erosion, (J) cumulative exposure to high risks and (K) other plausible threats or expert-driven nomination.

66. Each species was given a 'high', 'medium', 'low' or 'none' risk rating against each of the 11 criteria. For example, a species was given a 'high' risk rating against criterion (F) if 50 per cent or more of the species' distribution was within the fire extent and there was evidence of significant weed impacts post­fire. The methods used to assess plant species used against each criterion, and the thresholds for each risk rating, are outlined in the technical report. Where species distribution or trait data was not available to assess a species against a criterion it was described as data deficient in the assessment.

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67. For the purposes of the interim prioritisation, not all species were assessed against all criteria (for example, because of the challenges associated with collating fire response trait data quickly across the large number of native plants). State and territory governments also provided lists of high priority taxa from their own fire recovery work, which were included under Criterion (K) if not included elsewhere. A final prioritisation will assess all species against the complete set of prioritisation criteria.

68. A species was identified as being at 'high' overall risk from the 2019-20 bushfires if it had a high risk rating against any single criterion. Of the approximately 19,000 species assessed, the prioritisation identified 709 plant species at high risk.

69. Within this set of highly impacted species, a sub-set of 471 plant species in urgent need of management interventions were identified. These species were either a) already listed as critically endangered or endangered under the EPBC Act or equivalent state legislation, orb) had more than 80 per cent of their range burnt, or c) were identified as at high risk under two or more prioritisation criteria which required unique management actions, such as field inspections to assess recovery or weed control.

Extent of the impact on invertebrate species

70. Many of Australia's invertebrate species are likely to have been severely impacted by the 2019-20 bushfires and will require management action. However, assessing the severity of the fire impact on invertebrate species is challenging because, for most of Australia's approximately 320,000 invertebrate species, there is limited available information on their distribution or susceptibility to fire.

71. A provisional list of priority invertebrate species report (led by Professor John Woinarski in collaboration with the Expert Panel and taxon experts) identified 191 invertebrate species as priorities for post-fire management, and a further 147 species as priorities for assessment because of concern about possible fire impact. The list includes spiders, butterflies, land snails, bees and other invertebrate groups.

72. Some of these invertebrate species were threatened before the fires, listed under the EPBC Act, equivalent state and territory legislation or on the I UCN Red List.

72.1. Of nearly 700 non-marine invertebrate species (or, in some cases, subspecies) that are listed as threatened under the EPBC Act, equivalent state and territory legislation, or by the I UCN, about 100 have had some of their distributional extent burnt by the 2019-20 bushfires.

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72.2. Forty-nine of these species are considered here to be substantially fire-affected (i.e. at least 30 per cent of the known distribution of these threatened species overlaps with the 2019-20 bushfires).

73. Several complementary approaches were used to derive the priority list of fire-affected invertebrate species. The list of species, together with the methods used, are described in a summary report available on the Department's website.11

74. The priority list is preliminary, and it is highly like.ly that many fire-affected invertebrate species are not included. Other species may be added as new information becomes available, and some species may be removed from the priority list if on-ground assessments or new data sources reveal less cause for concern.

Process for assessment of impacts and prioritisation of invertebrate species

75. As described above, a national provisional assessment of fire-affected invertebrate species was undertaken to identify priority invertebrate species requiring urgent management intervention or on-ground assessment.

76. The report 'Provisional list of priority invertebrate species requiring urgent management intervention or on-ground assessment' is included at Annexure H to my statement. A summary of the process and methods used to assess impacts is provided below and is based on the information in this report.

77. The assessment was led by Professor John Woinarski (an Expert Panel member), with input from taxon experts, Expert Panel members, Departmental officers and state government representatives. The list of contributors is included in the report.

78. Several complementary approaches were used to derive the priority list of fire-affected invertebrate species. The assessment considered: a) invertebrate species listed as threatened under the EPBC Act, under equivalent state legislation, or by the IUCN (which includes but extends the previous consideration of EPBC Act listed threatened invertebrates in the animal assessment described in paragraphs 47 to 52), b) invertebrate species considered to be of concern by state and territory agencies and by some experts (with such contributions in part contributed through an on-line workshop), because of fire impacts and c) some taxonomic groups likely to contain many fire-affected species for which there was reasonable

11 Invertebrate summary report is available at: https://www. environment gov, au/system/files/pages/9a6a5628-21 b9-4a 1b-947 4-e953fc5138db/files/provisional-list-invertebrates-requiring-u rgent-management­intervention.pdf

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distributional information available (butterflies, land snails, some beetle groups).

79. To assess fire overlap, the National Indicative Aggregated Fire Extent Dataset, within the PAA, was intersected with species distribution data. Multiple types of distribution data were used, including the Species of National Environmental Significance spatial dataset (modelled species distributions; used for EPBC Act listed species), and a filtered sub-set of records from the Department's Species Observation System and the Atlas of Living Australia (for non-EPBC Act listed species). The filtering of distributional records was undertaken to exclude historic records (prior to ca. 1995) and records of unacceptable geographic precision. For some aquatic invertebrates, potential downstream impacts were considered.

80. The main criterion for inclusion in the provisional list of 191 priority invertebrates for urgent management intervention species was fire overlap, with threatened species included if more than 30 per cent of their range was within the fire extent and unlisted species included if more than 50 per cent of their range was in the fire extent.

81. Unlike the animal and plant assessments, information about species' traits was not generally used as an element in the prioritisation, as this information is not readily available for most invertebrate species. An exception was for a set of Kangaroo Island invertebrate species, for which trait information was considered.

82. In comparison with the rich distributional datasets available for most vertebrate and plant species, there are very few distributional records for most invertebrate species. For some invertebrate species with very few records known to occur in or near burnt areas, available information was inadequate to determine fire overlap. The assessment identified a further 147 invertebrate species that were considered likely to meet the fire overlap thresholds for inclusion (30 per cent for threatened, 50 per cent for unlisted), but for which there was insufficient information to make a robust assessment. These species were prioritised for on-ground assessment.

Challenges encountered in assessing the nature and extent of the impact of the 2019-20 bushfires

83. The Second Notice requested that I identify any challenges in the process to assess the nature and extent of the 2019-20 bushfires on threatened species and/or communities and other flora and fauna, the nature of the challenge and how it affected the work of the Expert Panel. A response to this question is outlined below.

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84. The challenges experienced in assessing the nature and extent of the impact of the 2019-20 bushfires on threatened species and/or communities and other flora and fauna primarily related to the availability and accessibility of data and information. Data and information limitations affected the completeness and potentially the accuracy of the assessments.

85. Another challenge related to the unprecedented extent of these fires, and the urgent need for prioritising recovery responses. The magnitude of the task of assessment of bushfire impacts across so many plant, invertebrate and vertebrate species occurring in so many different locations was exceptional , as was the need to deliver rapjd but robust analyses.

86. The animal, plant and invertebrate reports at Annexures F, G and H outlined many of the data and information limitations, so that they could be considered in the interpretation of results. The reports also noted that the assessments of impacts are provisional, based on available information, and that our understanding on fire impacts will improve as data from on-ground surveys is gathered.

87. Key issues are summarised below.

Fire extent and severity mapping

88. The National Indicative Aggregated Fire Extent Dataset was developed rapidly to support the immediate needs of the Department (and subsequently, the Expert Panel) in quantifying the potential impacts of the 2019-20 bushfires on wildlife, plants and ecological communities and identifying appropriate response and recovery actions. The intent was to derive a reliable, agreed, fit for purpose and repeatable national dataset of burnt areas across Australia for th.e 2019-20 bushfire season. The Dataset provides a cumulative national view of fire extent.

89. The Dataset draws data together from multiple different sources, including from state and territory agencies responsible for emergency and natural resource management, and from the Northern Australian Fire Information website.

90. The Dataset has several known issues, which are described at its place of publication12, and include: a) some data in the Dataset was known to be of low accuracy, b) the variety of mapping methods means that the Dataset, conceptually, lacks national coherency, c) the Dataset shows only the outline of burnt areas and lacks information on fire severity in these areas, which may

12 The Natrona! Indicative Aggregated Fire Extent Dataset Is available at http://www.environment.gov. au/fed/catalog/search/resource/details. page?u u id=% 789ACD CB09-0364-4F E8-9459-2A56C 792C7 43% 7 D

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often include areas within them that are completely unburnt, and d) the Dataset is intentionally precautionary and risks overstating the size of the burnt areas.

91. This Dataset was used to assess the overlap between fire extent and species' and ecological communities' distributions and, while I am advised by experts in the Department's geospatial branch that it is the best national Dataset currently available for this purpose, the limitations of the Dataset would have affected the accuracy of the derived analyses.

92. The impact of fire on species and ecological communities depends not only on the overlap between their distributions and fire extent, but also on the spatial variation in fire severity.

93. Fire severity information has only become accessible on a national scale recently (April 2020) using a modelled method developed by one of the state jurisdictions (NSW Department of Planning, Industry and Environment). This fire severity data was not available in time to inform the animal species assessment described in paragraphs 47 to 52, and an alternative source of fire severity data was used for the initial plant species assessment.

Species distribution data

94. The assessment of the potential impacts of the 2019-20 bushfires on flora and fauna required species distribution data. For many species, there is insufficient available observation data (both historical and current) to inform species distribution models, to support an informed assessment of potential fire impacts. The availability of species observation data varies between taxa: for example, there are thousands of records for Australia's approximately 800 bird species and a paucity of reliable records for most of Australia's approximately 320,000 invertebrate species.

94.1. The availability of species observation data is particularly acute for invertebrates. The provisional list of priority invertebrate species report stated that 'For most of Australia's approximately 320,000 invertebrate species (Chapman 2009), there is little available information on distribution, susceptibility to fire, potential for recovery, conservation status, threats, or management needs; and many invertebrate species remain undescribed.' As noted in paragraph 82, for some invertebrate species with very few records known to occur in or near burnt areas, available information was inadequate to determine fire overlap. I have been advised by Professor Woinarski that a further challenge was that, in many cases, critical invertebrate species distribution records had not been collated in publicly accessible databases and could not be accessed in the time available for this initial assessment.

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94.2. The 'Interim national prioritisation of Australian plants affected by the 2019-20 bushfire season' report also highlighted issues with plant species distribution data. The report noted that distributional ranges estimated from herbarium collection data may underestimate the full extent of known occurrences for a taxon due to sparse sampling across the range. Dr Gallagher has advised me that this issue is particularly acute for newly-described species which lack comprehensive surveys across suitable habitats.

94.3. I am advised by Professor Legge that species observation data for vertebrates is highly variable: although some bird species have large numbers of observations, many other vertebrates have considerably fewer records, including bats, many reptile and frog taxa, and some taxa with small distributions. Many species have experienced (and continue to experience) range contractions, yet recent observation records are lacking, making it difficult to generate accurate current distributions. Taxonomic uncertainties are also relevant here. For example, 25 to 30 per cent of fish taxa are still undescribed, making delineation of distributional boundaries difficult.

Species traits data

95. 'Fire-trait' (susceptibility) data provides information on a species' vulnerability to fire, based on its biological, behavioural or ecological traits. Species with different fire susceptibilities can be impacted differently by similar fires (see comparison of two bird species in paragraph 51.4). Understanding species traits enables a more targeted and refined assessment of fire impacts on species than simply assessing the intersect between species distribution and fire extent.

95.1. In developing the provisional list of priority animals, information about species traits that influenced their susceptibility to fire was used as an element in prioritisation, but I am advised by Professor Legge that data quality was highly variable, generally being quite high for birds and mammals, but poor for frogs and reptiles. Comparable information was not readily available for most invertebrate species, although trait information defined and collated for fire-affected Kangaroo Island invertebrates now serves as a model and template for ongoing application to fire-affected invertebrates more broadly. Further complicating the assessment of fire impacts on invertebrate species is that many invertebrate groups have distinct life stages, each with different susceptibilities to fire.

95.2. I am advised by Dr Gallagher that trait data required to assess plant species ranged from general information on growth form, woodiness and maximum height, to more specific data on fire response, such as

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capacity to resprout, the nature and location of the seedbank and time to maturity. For many plant species, data on these specific fire response traits was not able to be rapidly collated for the interim assessment because it had not been previously recorded, or was not available for inclusion in the resources mined for data, namely the AusTraits plant trait database and various state agency datasets. Often, the ambiguity in the fire trait data available for a species between different studies collated in the AusTraits database made rapid decision-making a challenge and species were listed as data deficient for the interim assessment.

Threatened ecological community distribution data

96. The assessment of the potential impacts of the 2019-20 bushfires on threatened ecological communities required distribution data. I am advised by Departmental colleagues that, for most threatened ecological communities, there is limited specific mapping of their locations. National datasets are derived from the closest matched vegetation units in state or other mapping data, which may over or underestimate the actual distribution. This data is suitable for identifying the general area in which a threatened ecological community may be found, but cannot be used to precisely calculate areas (hectares) affected by threats such as bushfire.

Next steps following assessment and prioritisation

97. The Second Notice requested that I provide an overview of the steps that are to be taken following the assessment and prioritisation process, and any proposed timelines for the completion of these steps.

98. Additional steps include further work to expand and refine the assessment of the 2019-20 bushfires on animals, plants and communities, as well as on­ground surveys and management actions to support their recovery.

Further assessment and research

99. Further assessment of animal (vertebrate) species: The initial assessment of the priority animal species for urgent management intervention is being revised (with a focus on vertebrates), via a new research project led by Professor Legge through the NESP Threatened Species Recovery Hub (which received an additional $2 million to deliver research and scientific advice to support wildlife and habitat recovery efforts, including developing national protocols for assessment of bushfire impacts). The initial assessment will be revised to consider fire severity information (to identify species that experienced high intensity fires over large parts of their distribution) and to improve information on species' traits and their responses to variation in fire intensity. The project also aims to also gather more comprehensive

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information on the actions that will support recovery of these species over the medium to longer term. The project is expected to be completed by December 2020.

100. Further assessment of plant species: Following the release of the 'Interim National Prioritisation of Australian Plants Affected by the 2019-2020 Bushfire Season', the next steps for the assessment of plant species is to revise and update the assessment of plant species in bushfire-affected areas against the 11 criteria, by a) assessing an additional approximately 2000 plant species not covered in the interim prioritisation and b) incorporating new and revised data sources, such as data on species occurrence from state agency databases, the new fire severity dataset (described in paragraph 93), and revised trait data to inform fire sensitivity. This is expected to be completed by July 2020.

101. Further assessment of invertebrate species: The provisional list of priority invertebrate species for urgent management intervention is being revised, via a new research project led by Professor Woinarski through the NESP Threatened Species Recovery Hub. This project aims to prepare a more comprehensive and justified list of invertebrate species affected by the 2019-20 bushfires, as well as a list of priority management actions for all the priority fire-affected invertebrate species, in a form suitable to help guide recovery. In updating the assessment, this project will consider fire severity information, gather additional distribution records, and consider invertebrate groups not included in the initial assessment. The project is expected to be completed by December 2020.

102. Further assessment of ecological communities: Additional work has been commissioned by the Department (led by Professor David Keith) to a) identify key on-ground assessment and recovery actions for priority bushfire impacted threatened ecological communities, and b) identify priority candidates for new or updated listings of threatened ecological communities under the EPBC Act. This work is underway, an initial assessment of priority actions has been made, and the project is expected to be completed this year.

103. Assessment of species conservation status: The Threatened Species Scientific Committee, which has a statutory role in advising the Minister for the Environment on threatened species listing and conservation is, in accordance with its role, assessing (or re-assessing) the conservation status of species and ecological communities in light of the impacts of the 2019-20 bushfires. As foreshadowed in the Committee's Bushfire Response Plan (released on 2 March 2020),13 key work includes accelerating processes for assessment of unlisted species and ecological communities that urgently require EPBC Act

13 Available at https: //www.environment.gov. a u/biodiversity/threatened/publicatlo ns/th reatened-species­scientific-committee-bushfi re-response-plan

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protection, reassessing listed species and ecological communities where their conservation status has deteriorated, and updating conservation advices and recovery plans to include information on fire impacts and key actions. The Committee's work will draw upon the assessment work of the Expert Panel. The Committee will give priority to these assessments and conservation planning updates over the coming two years.

On-ground surveys and actions to support recovery

104. The information on protected species in the path of fire, and on priority animal, plant and invertebrate species and threatened ecological communities, has informed on-ground surveys and management actions to support further assessment and recovery, by forming the priorities for funding under the Wildlife and Habitat Bushfire Recovery Package. The priority actions identified by the Expert Panel ,14 together with management actions identified in the animal, plant, invertebrate and threatened ecological communities reports, are also helping to guide on-ground activities. This information has been incorporated into funding streams as it has become available, for example:

14

104.1. Funding allocations to state governments: State governments were invited to submit project proposals to access their funding allocations in early February, informed by the objectives and priority actions identified by the Expert Panel at their first meeting on 15 January 2020. The Expert Panel considered alignment with priority animal species and actions when providing comment on, and endorsement for the proposals. The Expert Panel recognised that state governments bring local knowledge and expertise and this also informed priorities for action within each jurisdiction. Activities undertaken by state governments using this funding range from on-ground assessment of fire impacts to recovery actions such as emergency extraction of species and pest management.

104.2. Funding allocations to NRM regional bodies: For the second tranche of funding to NRM regional bodies ($4.3 mlllion), NRM regional bodies were provided with the list of priority threatened ecological communities and animals for urgent management intervention, and the Expert Panel considered alignment with priority species, ecological communities and actions when providing advice on these proposals.

104.3. Open competitive grants round: The priority animal and threatened ecological communities lists formed the priority matters for funding under the first tranche of the open grants round called the 0 Wildlife and Habitat

Expert Panel 15 January communique, available at: https: //www.environment.gov. au/system/files/pag es/effd 94e2,-00fc-4e4b-8692-941 f90f5ad8c/files/communique-15jan2020. pdf

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Bushfire Recovery Program" which opened on 1 April 2020. Once completed, the priority plant and invertebrate lists were added as priority matters for funding under the second tranche which opened on 23 April 2020. The objectives of the Program align with the objectives established by the Expert Panel on 15 January to guide recovery efforts, and eligible activities include (but are not limited to) priority actions identified by the Panel to meet those objectives.

105. The NESP Threatened Species Recovery Hub (with additional funding to deliver post-bushfire research), developed draft guidance for conducting post­fire on-ground reconnaissance surveys, which was published in April 2020.15

The purpose of the guidance is to highlight preliminary design considerations for how, where and when to survey for priority species and ecological communities, as well as how to assess fire severity, habitat condition and threats. It reviews published literature on the preferred sampling method(s), minimum survey effort and optimal timing of surveys to detect the priority animals identified by the Expert Panel, as well as fauna! threats. It is intended to provide guidance for the delivery of projects funding by the Wildlife and Habitat Recovery Program (described in paragraph 104.3) that include on­ground assessments. The publication is a preliminary draft and will be updated after further consultation with experts.

106. Funding for activities under the $50 million Wildlife and Habitat Bushfire Recovery Package (the Package) is to 30 June 2021.

First Notice question 4 : Describe any key measures that could be taken to reduce the impacts of future bushfires on flora and fauna (including threatened species) and ecological communities or assist in their recovery from bushfires. (The following response includes answers to questions in the Second Notice including, question 7 see at [115] below, question 8 see at [123] below, question 9 see at [131] below and question 2 at [114.51, [119.1] and [1241)

107. My response to this question is informed by my experience and expertise in threatened species recovery, as well as my recent role in the Department's response to the 2019-20 bushfires. Aspects of my response will therefore closely reflect the Department's response to the Notice to Give for related questions, to which I contributed.

108. My response to this question necessarily focuses on measures that will benefit biodiversity, but is premised on the assumption that human life and property

15 Southwell (2020) Prelfrninary Draft Design considerations for post natural disaster (fite) on­ground assessment of status of species, ecological communities habitats and threats available at https://www.environment.gov. au/system/files/pages/a8d 1 0ce5.-6a49-4fc2-b94d-575d6d 11c547 /files/draft-post-fire-rapid-assessment-guide. pdf

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will be prioritised when responding to natural disasters. Further, while I suggest key measures that could be considered in bushfire preparedness and response planning, I do not have subject matter expertise or responsibilities in natural disaster management and I recognise the role of state governments, land managers and Traditional Owners in this regard.

109. Many of my suggestions relate to threatened species recovery, however they are also likely to be applicable to other MNES under the EPBC Act, such as threatened ecological communities, migratory speci'es, Ramsar wetlands and listed heritage properties and places.

110. The broad and pervasive impacts of global climate change on our biodiversity are increasingly well understood. The impacts include changes to ecosystem structure and composition, phenology and hydrology. The impacts of climate change increasingly include the occurrence of bushfires and also dynamic shifts in fire regimes resulting in ecosystem changes. 18 Measures that mitigate global climate change and support natural systems to adapt to a changing climate will both reduce the impacts of future natural disasters on flora and fauna and aid in their recovery.

111 . A further three key measures to reduce the impacts of future fires on flora and fauna, include i) building species r,esilience through managing threats and protecting habitat, ii) mitigating risk to threatened species through establishing insurance populations, and iii) better incorporating critical biodiversity assets into bushfire preparedness and response planning. Key measures proposed to assist in recovery include i) implementing a series of on-ground actions, and ii) improving the information base to more rapidly assess and respond to bushfire impacts.

Key measures to reduce impacts of future bushfires

Build resilience through managing threats and protecting habitat

112.

lo

Much of my work as the Threatened Species Commissioner has focused on the recovery of threatened species in situ by tackling threats and building resilience of species to withstand and better recover from new and emerging threats. \Nhile specific a,nd tailored recovery actions will be required in response to natural disasters such as bushfires, the impacts of bushfires are likely to be less severe at the species or ecological community level if

Cresswell ID, Murphy H (2016). Biodiversity: Global climate Change and climate variability. In: Australia state of the environment 2016, Australian Government Department of the Environment and Energy, Canberra. https://soe.environment.gov.aultheme/biodivers~y/lopic/2016/global-climate-change-and­climate-variability

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populations of native flora and fauna are well understood, healthy and threats are adequately managed.

113. The main threats to biodiversity are: invasive species; the clearing, fragmentation and degradation of habitat; changed fire regimes; climate change; grazing pressure and changed hydrology.17 Many species suffer from the cumulative impact of multiple pressures. Understanding the status and trends of our threatened species and the causes of their declines, and taking action to address these threats, will better position threatened species to be resilient to future natural disasters.

114. Actions that governments and the community can continue to take to build the resilience of threatened species in the wild and reduce the impacts of future bushfire events, include:

17

18

114.1 . Monitoring and research. Data and information provides the foundation from which to make decisions about species and ecological communities under threat from fire and how to best protect them.

114.2. Eliminating or reducing the impacts of invasive predators, herbivores and weeds that can compound bushfire impacts and impede recovery. For example, feral cats are a key threat to over 120 threatened species and this predation risk can increase following bushfire events. This is because shelter is removed rendering native species more vulnerable to predation .18

114.3. Protecting, managing and restoring habitat. Habitat protection and restoration activities (such as tree planting) increase habitat availability and create corridors, which can assist native fauna to escape fire and disperse to refuges following fire events.

114.4. Implementing appropriate fire regimes to maintain or restore the ecological integrity of a landscape and create suitable habitat to support healthy populations of threatened species. The appropriate timing and frequency of fire events can both aid in recovery of threatened species and reduce the potential impacts of future fire events. Many of our native plants, animals and ecosystems are adapted to fire, and need fire at some stage in their life cycles to survive and flourish. However,

Cresswell ID, Murphy H (201$). Biodiversity: Pressures. In: Australia state of the environment 2016, Australian Government Department of the Environment and Energy, Canberra, available at: https;//soe.environmentgov.au/theme/biodiversity/frameworK/pressures

Woinarski JCZ et al. Considering cats and foxes after bushfires: fewer pests but more impact? Science for saving species. Summer 2020. Issue 14, avallable at: http://www.nespthreatenedspecies.edu.au/_images/partners/SfSS%2014%202020%20cat s%20mag.pdf

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appropriate fire regimes (including exclusion of fire) vary enormously with climate and local ecological need. Understanding the fire ecology needs of our natural systems and developing and implementing fire management plans that reflect these needs, can be key to the creation and restoration of suitable habitat for threatened species.

114.5. For example, one of the key threats to the White-throated Grasswren (Amytornis woodward1) is thought to be the extent and frequency of fire across the Arnhem Land sandstone country. The species is reliant on large areas of unburnt spinifex which have been reduced in recent decades due to frequent, large and hot fires late in the dry season, causing the species to decline.19 In Kakadu National Park the instigation of strategic fire management by Indigenous Traditional Owners and Park staff, as well as similar programs in Arnhem Land, has reduced the frequency and size of late season fires across the sandstone country. Any late dry season fires that do start are prevented from spreading due to the creation of a patchwork of early season burns. Collectively these actions have resulted in an increase in suitable, long unburnt grasswren habitat.

White-throated Grasswren (Amytornis woodward1)

Credit: Peter Cooke

114.6. Similarly, the recovery of threatened plants requires careful fire management and for some fire sensitive species this may include the exclusion of prescribed fire. For others, fire may need to be excluded for varying intervals of time, particularly ifthere has been recent fire history.

115. I have been asked in the Second Notice to identify whether there were any limitations or gaps in the data and information which provides the foundation from which to make decisions about species and ecological communities under threat from fire and how best to protect them, and if there were any limitations, how that affected the work of the Expert Panel.

19 Department of the Environment (2014 ). Conservation Advice Amyfornis woodwardia white­throated grasswren, available at: http://www.environment.gov.au/biodiversity/threatened/species/pubs/564-conservation­advice.pdf

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116. My response to this question is largely addressed by my response to question 15 from the Second Notice, which is provided in paragraphs 83 to 96 above. I provided a description of data and information limitations that impacted the Expert Panel's assessment of the nature and extent of the impacts of the 2019-20 bushfires on threatened species and/or communities and other flora and fauna (including species distribution and traits data), and therefore the basis from which to make decisions about those species and ecological communities.

117. Other information resources which provide a foundation from which to make decisions about species and ecological communities under threat from fire include recovery plans and conservation advices for threatened species and ecological communities listed under the EPBC Act. While I do not have management responsibility for the development of these plans, I have provided a general description of these resources, and identified some limitations and opportunities for improvement, following consultation with Departmental colleagues.

118. The EPBC Act provides a framework to plan for the long-term recovery of listed threatened species and ecological communities through the development of recovery plans and conservation advices. When a species or ecological community is listed as threatened under the EPBC Act, a conservation advice or recovery plan must be developed to assist its recovery. These documents provide guidance on recovery and threat abatement activities that can be undertaken to ensure the conservation of a listed species. Recovery plans and conservation advices guide collaborative investment and participation by all levels of government and the broader community in recovery effort They are also taken into account in EPBC Act approval decisions.

118.1. Preliminary analysis shows that for some species impacted by the 2019-20 bushfires, fire is not recognised as a threat and their recovery plans and conservation advices provide no specific guidance on post-fire recovery. For others, the recovery plans and conservation advices are clear that fire is a key threat, and provide useful pre-, during- and post­fire management recommendations.

118.2. ln response to the bushfires, work has commenced to review and update recovery plans and conservation advices for those fire affected species and ecological communities, to incorporate appropriate fire management actions. Toward this, the Threatened Species Scientific Committee has published a 10-point Bushfire Response Plan20 which

20 Available at https: //www.environment.gov. a u/biodiversity/threatened/publicatlo ns/th reatened-species­scientific-committee-bush fire-response-plan

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has been endorsed by the Minister for the Environment. In that plan, the Committee has undertaken to;

118.3. 'Support immediate post-fire recovery efforts by appending information on fire impacts and key actions to support recovery to the Conservation Advices and Recovery Plans of fire-affected species and ecological communities. Key actions (including cultural practices) will align with the priority activities identified by the Bushfire Recovery Expert Panel.'

118.4. 'Update the Conservation Advices for the highest priority fire-affected species and ecological communities to include the impacts of, and management response to, the 2019-20 fires; the potential impacts and management of future fires and the information needs, key conservation actions and resources that will be needed to support longer-term recovery.'

Mitigating risk through insurance populations and ex situ measures

119. Threatened plant and animal species that have few individuals remaining, or a

limited distribution, are particularly vulnerable to extinction following a major bushfire event In such cases, the risk of extinction may be reduced by establishing in situ or ex situ insurance populations. Strategies can include: 'wild-to-wild' translocations of threatened species to establish new sub-populations in suitable habitat, thereby reducing the risk of fire impact to the population as a whole; protection of threatened species in predator-free fenced area safe havens, particularly for species vulnerable to predation by cats and foxes; captive breeding programs for animal species (for example, in accredited zoos or wildlife sanctuaries), and conservation seed banking of threatened plant species.

21

119.1. For example, the establishment of insurance populations of the Gilbert's Potoroo (Potorous gilberti1) in Western Australia prior to 2015 prevented disaster for this species during the 2015 bushfire. The bushfire impacted more than 90 per cent of the species' habitat at Mt Gardner, which was previously the only known site for this species.21 An additional population has been established since the 2015 fires, further reducing the risk of bushfire to this species overall.

Department of Parks and Wildllfe (2016). Gllberfs potoroo (Potorous gi/bertli) Recovery Plan. Wildlife Management Program No. 62. Prepared by J.A. Friend, S. Comer, M.J. Page, A Thomas, Department of Parks and Wildlife, Perth, WA, available at https: //www. dpaw. wa .gov, au/images/plants-a n1 mals/threatened-species/gilberts _potoroo _ recovery _plan_ 2016. pdf

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' I I J _r: I ·,, - . . , / .: i.

I ' I ·h ~ ~ , I -~ . ,

l!J, -· _:\\f -- . _· ,.-.,r ·.· · . ....... . •c~ -,-~

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Gilbert's Potoroo (Potorous gilberti1)

Credit: Dick Walker, Gilbert's Potoroo Action Group

120. These measures can be helpful risk mitigation strategies for animals and plants at high risk of extinction from future fire events. They can provide a source of animals for re-release into the wild, or in the case of conservation seed banks, seed supplies for habitat restoration work following fire. However, ex situ actions are not a substitute for in situ conservation measures. They require considerable focus on the maintenance of species genetic viability and activities such as captive breeding can come with significant costs, and some risks and uncertainty.

Incorporate consideration of biodiversity assets into bushfire response planning

121. Increased recognition and prioritisation of environmental assets in bushfire preparedness and response planning could help reduce the impacts of future fires on flora and fauna, including threatened species.

122. Further work to i) identify, prioritise and locate critical biodiversity assets (which could include, for example, important populations of threatened species, ecological refuges, or unique places), ii) make this information accessible to fire authorities, and iii) integrate it into bushfire response planning (alongside critical infrastructure and community assets) , could assist in reducing future fire impacts on biodiversity.

123. Emergency response planning and management systems differ across jurisdictions, including definitions of assets for protection in emergency situations. The Department, in consultation with state and territory counterparts, would like to explore opportunities to identify and prioritise key biodiversity and heritage assets and support their integration into emergency response and planning systems, in order to prioritise their protection in fire planning and response. Developing a systematic approach to identifying critical biodiversity and heritage assets and building them into emergency response processes could improve capacity for protecting the most vulnerable species, ecological communities and heritage places (noting that natural disaster response planning and management is led by the States and Territories).

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124. Protection could be achieved through fire management strategies, where feasible (a successful example from the 2019-20 bushfires was the protection of the world's only stand of Wollemi Pine (Wollemi nobilis) in the Greater Blue Mountains), but also through the capture/collection and temporary relocation of threatened species ahead of, or during, a fire event, such as the emergency relocation of the Eastern Bristlebird (Dasyornis brachypterus) from the Mallacoota region in February 2020.

Wollemi Pine (Wol/emi nobilis)

Credit: Fagg,M. (2008)

Eastern Bristlebird (Dasyornis brachypterus)

Credit: Mick Bramwell

Key measures to assist in wildlife recovery from bushfires

On-ground actions to support recovery

125.

126.

22

Preventing the local or population wide extinction of a species or ecological community as a result of bushfire impacts requires a mix of actions from localised and time-critical emergency response through to long-term broad­scale measures. My experience implementing the Threatened Species Strategy is that recovery of threatened species is complex, can be very expensive and takes time, and this is amplified following natural disaster.

My assessment of the specific on-ground measures to support recovery has been informed by the work of the Expert Panel. At its first meeting on 15 January 2020,22 the Expert Panel identified five priority activities required immediately following the bushfires to prevent extinction and limit decline of

Expert Panel 15 January communique, available at: https: //www. environment. gov. a u/system/files/pages/effd94e2-00fc-4 e4b-8692-941 f90f5ad8c/files/communique-15jan2020. pdf

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native species, and to maximise the chances for long term recovery of native species and communities. These were: i) rapid on-ground assessment for species and communities of concern, ii) protecting unburnt areas within or adjacent to recently burnt ground that provide refugia, iii) feral predator and herbivore control to reduce pressure on native species where appropriate, iv) emergency salvage of plant and animal species for ex-situ conservation or wild-to-wild translocation, and v) supplementary shelter, food and water for animals where appropriate. Many of these actions are underway.

127. In the medium-term (6 months - 2 years), the Expert Panel has recommended:23 i) continuing rehabilitation of injured wildlife and provision of shelter, nest boxes, and artificial hollows, ii) population management of some species (genetic rescue, translocation, captive breeding (animals) and seed banking (plants)) , iii) continuing strategic feral predator and herbivore control , and weed control, at key sites, iv) for some species and ecosystems, active revegetation and regeneration, and v) identifying and protecting unburnt refugia within burnt landscapes, including from further fire.

128. To strengthen prospects for recovery of flora and fauna, many of these actions will need to continue for at least 2-10 years following tt1e 2019-20 bushfires, particularly actions such as population management, predator and weed control, and restoration at key sites, and actions to minimise the risk of future fires burning refugia. Actions will vary from species to species, and from place to place.

Better data and information to assess impacts and guide recovery

129. The Department and Expert Panel have undertaken significant work to bring together and analyse available data and information to assess the impacts of the 2019-20 bushfires on flora and fauna, including threatened species.

130. This work has highlighted that improvements to data and information on fire extent and severity, and on species' distribution, trends and fire susceptibility, could enable a more rapid and accurate assessment of impacts to inform any management response to future fires.

131 . Potential measures include:

131.1 . Preparation of national fire extent mapping, and a coordinated ongoing national fire severity mapping capability, to facil itate a faster assessment of the impacts of future bushfires on flora and fauna. (The National Indicative Aggregated Fire Extent Dataset produced by the

Expert Panel 11 March communique, available at: https: //www.environment.gov. a u/systemtflles/pag es/effd 94e2,-00fc-4e4b-8692-941 f90f5ad8c/files/communique-11 mar2020.pdf

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Department was critical to assessing 2019-20 bushfire impacts on threatened species, but was challenging to develop due to methodological differences across jurisdictions.)

131.2. More information is provided in the Department's response to Question 5 in the Notice to Give.

131.2.1. In response to the request in the Second Notice for further details on the nature and extent of improvements of fire extent and severity mapping, and how it would enable more rapid and accurate assessment, the following additional information is provided.

131.2.2. In previous sections of this statement, I have provided a description of the National Indicative Aggregated Fire Extent Dataset, how is was used in the assessment of the nature and extent of the impacts of the 2019-20 bushfires on threatened species, threatened ecological communities and other flora and fauna, and some of the known issues with the Dataset that would have affected the accuracy of the derived analysis.

131.2.3. I am advised by experts in the Department's geospatial branch that there were no pre-existing national sources of information on fire extent prior to the 2019-20 bushfire season which were available to the Australian Government. Before any analysis of impact on species, ecological communities or other natural assets could be undertaken, fire extent data needed to be sourced, agreements for access put in place, a process for accessing and aggregating the data developed, and the limitations of the data understood.

131.2.4. The data available was primarily sourced from emergency services agencies and was created to direct emergency services operations with each State (not environmental impact assessment), and some was known to be of low accuracy. Development of the map and dataset was challenging due to the use of different fire extent mapping methodologies across the various agencies. This was further complicated by different data sharing agreements across jurisdictions that did not support national public release (not all State governments publicly release fire-mapping data due to concerns over potential misuse).

131.2.5. I am advised by experts in the Department's geospatial branch that the availability of information on fire extent at a national

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level using agreed methodologies (which meet the requirements for accuracy, spatial resolution and temporal resolution for the assessment of environmental impact in addition to directing State emergency services), on dedicated infrastructure, which has been calibrated and validated with field data, with predetermined collation and sharing protocols and processes, and with agreed licencing, would have allowed rapid and detailed analysis at least one month earlier. In understanding the accuracy and precision of data in advance, and the limitations in use, a more nuanced analysis can be produced.

131.2.6. In previous sections of this statement, I described how fire severity information (as well as fire extent information) can assist in assessing the impacts of fire on species and ecological communities, and the fact that national fire severity information was not available in time to inform the initial assessment of bushfire impacts.

131.2.7. Fire severity information has only become accessible on a national scale recently (April 2020) using a modelled method developed by one of the state jurisdictions (NSW Department of Planning, Industry and Environment). I am advised by experts in the Department's geospatial branch that an established and coordinated ongoing national fire severity mapping capability, with similar characteristics as described for national fire extent mapping capability in the preceding paragraph, would allow more rapid and detailed analysis of relative on-ground impacts across large spatial areas.

131.3. More detailed modelling of species distributions, and consolidated species 'fire-trait' (susceptibility) data, to provide an informed basis to understand, quantify and report on impacts. For example, the assessment of fire impacts on invertebrates was particularly challenging due to the limited available information on their distribution or susceptibility to fire.

131.4. A strategic approach to long-term monitoring of species and ecological communities across fire-affected regions, to both assess impacts (including from repeat fire events), track recovery, understand the effectiveness of our management actions and assess longer-term ecosystem changes. The need for appropriate and coordinated

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monitoring in response to the 2019-20 fires has been highlighted by the Expert Panel. 24

131 .4.1. In response to the request in the Second Notice for further details on the nature and extent of improvements of species distribution, monitoring and trait data, and how it would enable more rapid and accurate assessment, the following additional information is provided.

131.4.2. In previous sections of this statement, in the context of the work of the Expert Panel, I provided a description of how species and ecological communities distribution data and species' traits data was used in the assessment of the nature and extent of the impacts of the 2019-20 bushfires on threatened species, threatened ecological communities and other flora and fauna, and how some data gaps and limitations created challenges for those assessments.

131.4.3. Additional species observation data (particularly for, but not limited to, invertebrates), improved species distribution models, and additional and more accessible species' traits data would enable a more refined and rapid assessment of bushfire impacts.

131.4.4. The Species of National Environmental Significance spatial dataset maintained by the Department was the primary source of spatial information on EPBC Act listed threatened and migratory species used for rapid assessment of bushfire impacts (described above and illustrated in the maps at Annexure D). The dataset represents the best available national spatial representation of the potential distribution of EPBC Act listed threatened species, however the quality of the model outputs is dependent on a combination of available observation data and the resources and priorities of the Department for updating or creating new modelled distributions from that data.

131.4.5. I am advised by colleagues who have operational responsibility for the Department's species datasets that data is being improved through a number of collaborative projects. For example, the Department is working with the Atlas of Living Australia on a 12-month project to improve the data quality of species point observations that can inform distribution models.

Expert Panel 11 March communique, available at: https: //www.environment.gov. a u/system/files/pag es/effd94e2-00fc-4e4b-8692-941 f90f5ad8c/files/commun i que-11 mar2020.pdf

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in collaboration with biodiversity managers and researchers from all states and territories. The Department is partnering with Atlas of Living Australia and state environment agencies in a pilot Collaborative Species Distribution Modelling project to collaboratively improve the development and sharing of modelling algorithms, data and models from a shared online platform.

131.4.6. Australia is one of 17 megadiverse countries with globally distinct levels of biodiversity and a significantly larger number of unique species than most other countries, Effective species monitoring and research across a country as large and diverse as Australia, and as sparsely populated, is an inherently challenging exercise.

131.4.7. There is much basic biodiversity discovery work still to be undertaken in Australia. Only around 30 per cent of the approximately 620,000 species estimated to occur in Australia have been discovered and named.25 The Decadal Plan for taxonomy and biosystematics in Australia and New Zealand (2018-2027) aims to accelerate species discovery and documentation of Australia's and New Zealand's unique organisms. Species discovery work is where much of the knowledge about species characteristics, traits, biogeography and ecology is generated.

131.4.8. There is a need for improved monitoring of species that have been discovered and documented. Recent research from the NESP Threatened Species Recovery Hub, has highlighted the importance of monitoring to the conservation management of threatened species and ecological communities in Australia, and has documented the number of threatened vertebrate species (excluding marine mammals and marine fish) that are monitored. In keeping with the findings of the 2016 State of the Environment report which found that biodiversity monitoring data are often inadequate, the research26 found that 7 4 per cent of the a$sessed vertebrates received some monitoring (with one in four threatened taxa not monitored at all) and for taxa that are monitored, monitoring quality was generally low. This creates challenges for threatened species management and

Taxonomy Decadal Pian Working Group (2018). Discovering Biodiversity: A decadal p/an for taxonomy and biosystem0tics in Australia and New Zealand 2018-2027 (Australian Academy of Science and Royal Society Te Aparangl: Canberra and Wellington)

Scheele et al (2019), available at: https: //www. scienced ire ct. com/science/article/pi i/S0006320718318731 ?via%3Dih u b

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recovery, which are particularly evident in responding to emergency situations like the recent fires. The challenge is higher for the many species impacted by the recent fires, but not yet assessed and listed as threatened.

131.4.9. The Australian Government contributes to threatened species monitoring and reporting in a number of ways, including through supporting threatened species research (including through the NESP Threatened Species Recovery Hub), identifying species monitoring needs through the development and revision of conservation advices and recovery plans, and monitoring the outcomes of Australian Government program investments such as the National Landcare Program.

131.5. Updates to statutory threatened species lists to reflect the impact of the 2019-20 bushfires on the conservation status of flora and fauna (to ensure that environmental decision-making is based on up-to-date information), and updates to conservation plans (such as recovery plans and conservation advices) including to identify, and support implementation of measures required to build overall resilience and support recovery from the 2019-20 and future bushfires. This work has been prioritised by the Commonwealth Threatened Species Scientific Committee.27

First Notice question 5: Describe any policy, legislative, funding or other impediments to the adoption and effective implementation of measures of the nature identified in (4) above. (The following response includes answers to questions in the Second Notice including, question 10 see at (136] below and question 12 see at (142.4.11 below)

132. The magnitude and severity of the 2019-20 bushfires was shocking even to those of us who have worked in biodiversity conservation for many years. The collective response of governments and the community to these bushfires so far includes valuable lessons on what has and can work well in response to disaster. V\/hile we are still intensively identifying and implementing recovery actions, it is possible to provide initial comment on both what has worked well and should continue, along with current watchpoints and possible future challenges to developing and implementing bushfire recovery response.

133. In my response to First Notice question 4, I recommended a range of key measures to prevent future fire impacts to flora and fauna and support their recovery. These outcomes can be achieved through a combination of planning

Threatened Species Scientific Committee Bushfire Response Plan http://environment.gov.au/biodiversTty/threatened/publications/threatened-species­scientific-committee-bushfire-response-plan

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instruments, regulatory tools and investment strategies and will necessarily require close collaboration between governments at all levels, non­government organisations and the private sector. These tools and approaches need to support the ongoing business of building resilience, managing risk and monitoring threatened species, and be sufficiently agile to respond quickly to shocks to our natural systems, such as bushfires.

134. An independent review of the EPBC Act is currently underway and this provides a welcome opportunity to examine how national regulation can support improved outcomes for threatened species and other MNES. The Independent Review is considering the implications of the bushfires in its work.

Funding available and deployed rapidly

135. The recovery of flora, fauna and other natural assets, including from the 2019-20 bushfires will take many years and will require substantial investment in on-ground action from all levels of government and other sectors.

136. The Australian Government, along with State and Territory governments, non-government organisations and the private sector have committed funding to the recovery effort, and my role has been to support the Australian Government to direct the Australian Government funds to priority species and actions, based on the advice of the Expert Panel. The Australian Government has acknowledged that additional funding will be required, beyond the initial $50 million Package.

136.1. As noted in paragraph 24, and since I provided my response to the First Notice, the Minister announced an additional $150 million investment in bushfire recovery for native wildlife and habitat areas on 12 May 2020.

137. The capacity of governments to make human resources and funding rapidly available for the bushfire response (in accordance with public accountability and legal frameworks), coupled with the efforts of other organisations, has been critical to the implementation of recovery actions to date.

137.1. The Department's established contractual arrangements and relationships with Regional Land Partnerships Service Providers, established under Phase 2 of the National Landcare Program, was particularly useful in quickly delivering funds to bushfire-affected natural resource management regions for on-ground action.

137.2. Rapid delivery of funds to private landholders who manage land for conservation proved more challenging, although these stakeholders now

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have an opportunity to apply for funding through the competitive grants round under the Package that opened on 1 April 2020.28

138. In the Second Notice I was asked to provide further details of the barriers to rapid delivery and improvements that could be made to overcome these barriers. This is a matter which goes beyond my area of expertise. However, I provide the following additional information based on my experience as a senior executive officer in the Department assisting with the design and delivery of the Wildlife and Habitat Bushfire Recovery Package:

139.

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138.1. The Department routinely delivers funding via competitive grant and open tender processes, which are not well suited to delivering funding within days and weeks, as is required for some emergency response activities.

138.2. In the context of the recent bushfires, the Department was able to quickly use established mechanisms for Commonwealth to state I territory payments, and to add projects to existing contracts with Regional Land Partnerships Service Providers (NRM regional bodies). The Department was also able to deliver a small number of targeted non-competitive ad hoc grants to trusted delivery partners.

138.3. However, there was no existing mechanism for the Department to identify bushfire-affected private landholders who manage land for conservation, and to rapid delivery funds to these landholders a fair and transparent way.

138.4. I do not have expertise in the operation of the National Disaster Relief and Recovery Arrangement framework, but it may be a more responsive way to deliver emergency payments to private landholders who manage land for conservation. Some stakeholders who made representations to me and other Departmental officers following the fires expressed concern that there was different treatment of primary producers and conservation land managers within the current framework.

There is scope to further address challenges to the rapid deployment of funds, through exploring how the National Disaster Relief and Recovery Arrangements could be applied to accelerate the flow of funds for environmental recovery purposes. In March, the Council of Australian Governments agreed to review how governments apply the Disaster Recovery

https://www.grants.gov.au/?event=public.G0.show&GOUUID=38DC2D1 F-A88F-2629-F87FEABD26FCA879

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Funding Arrangements, and in this regard, referred to the restoration of environmental amenity.29

Enhanced coordination and collaboration

140. Biodiversity management has inherent complexities given the roles of various tiers of government, along with significant rights, roles and interests of many other stakeholders. The environment sector's response to the 2019-20 bushfire disaster has been characterised by significant cooperation, collaboration and good will between government agencies, the scientific and academic community, land management organisations, Indigenous land managers, non-government organisations and many others. Outcomes to date owe much to the critical roles and generosity of committed, and highly experienced and skilled individuals who have dedicated time and resources to implement an environmental response to the bushfires.

141 . For governments, there is scope to continue to improve our joined-up approaches. Maintained momentum on national coordination will be key to the successful implementation of medium to long term recovery and resilience actions from 2019-20 bushfires, and for better preparedness for future fire events. Some of the ongoing watch points in this space include avoiding duplication of effort, sharing information resources and addressing trans­boundary issues in a consistent way (such as recovery strategies for species that occur in multiple jurisdictions).

142. The establishment of the Expert Panel , which is supported by state government expert advisers, has facilitated the rapid assessment of impacts and the coordination of recovery effort at a national level in response to the 2019-20 bushfires.

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142.1. A new Panel was convened in early 2020, because there was no pre­established model for assessing and responding to the impact of natural disasters on flora, fauna and ecological communities at a national level.

142.2. The 'Expert Panel' model could be a blueprint for ~esponding to future disasters where a national effort is required. An established model, that could be quickly 'stood up' in response to an event, could facilitate a more rapid and coordinated response in the future.

142.3. The rapid scientific assessment of the impacts of the 2019-20 bushfires has been facilitated by the capabilities of the NESP and the Department's established relationships with its researchers, as well as

https://www.coag.gov. au/sites/de fa u lt/files/communique/communique-13-march2020, pd f

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the Department's spatial mapping capabilities and the willing contributions of the broader scientific community.

142.4. However, as stated in my response to question 4 of the First Notice, barriers to more accurate and rapid assessments included i) different fire extent mapping methodologies across jurisdictions and ii) the need for better distribution models and long-term monitoring data for many species. Addressing these barriers could facilitate a more targeted assessment of the impacts and recovery needs after future events.

142.4.1. Further information on how improved fire extent mapping and species information could facilitate a more targeted assessment of the impacts of bushfires, in the context of the recent work of the Expert Panel, is provided in paragraphs 83 to 96 and 131.

First Notice question 6: Describe any key ongoing work in which you are involved, to further assess the matters in (3) and (4) above. {The following response includes answers to questions in the Second Notice including. question 13 see at [1441 below and question 19 see at [1441

143. The Department's response to Question 2 in its Notice to Give summarises the key ongoing work that I am involved in, as Chair of the Expert Panel, to further assess the extent of impacts of the 2019-20 bushfires on animals and plants (including threatened species), ecological communities and other natural assets.

144. The Department's response to Question 2 of its Notice to Give Information is at Annexure I. Some of the work to further assess the extent of impacts of the 2019-20 bushfires on animals and plants (including threatened species), ecological communities and other natural assets has progressed since the Department responded to its Notice to Give on 21 April 2020. Key updates include:

144.1. An early release version of a national fire severity dataset has been made available to key stakeholders, including the Expert Panel, but has not yet been publicly released.

144.2. The Expert Panel has considered priorities for further assessing bushfire impacts on Ramsar wetlands and identified three wetlands as targets for further assessment - the Macquarie Marshes, the Gwydir Wetlands and the Gippsland Lakes Ramsar sites. The assessment will focus on how the bushfires have impacted and potentially changed the ecological character of these wetlands, as well as identifying potential management interventions. More information is in the Expert Panel's communique of 17 April 2020 included at Annexure A to this statement.

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144.3. The Expert Panel's assessment of plant species and invertebrate species has progressed and is described in this statement.

144.4. $13 million from the Package supports State governments to conduct assessments of the impacts of the 2019-20 bushfires on MNES (an increase from $12.5 million).

144.5. As described in paragraph 24 of this statement, on 12 May 2020 the Minister announced an additional $150 million investment in bushfire recovery for native wildlife and habitat areas, which includes funding for further scientific assessment and planning coordination for our most at­risk species under Australia's environmental law and to support the Expert Panel in its critical advisory role.

145. As Chair of the Expert Panel, and a member of the Department's senior executive team, I have an ongoing role in providing advice to Government on the recovery actions needed to support the recovery resilience of affected animals, plants and ecological communities and natural assets and values. This advice will continue to be refined, as we learn more about the impacts of the fires (including from on-ground assessments) and the effectiveness of our interventions so far.

146. As Chair of the Expert Panel, and a member of the steering committee for the NESP Threatened Species Recovery Hub, I also have a role in identifying and prioritising research needs to inform bushfire recovery. The NESP Threatened Species Recovery Hub has been funded to deliver research and scientific advice to support wildlife and habitat recovery efforts. I have annexed copies of the Terms of Reference for the NESP Threatened Species Recovery Hub Steering Committee, as well as a copy of the NESP Threatened Species Recovery Hub's report 'Preliminary Draft: Design considerations for post natural disaster (fire) on-ground assessment of status of species, ecological communities, habitats and threats' referred to in paragraph 105 above, at Annexures J1 and J2 respectively.

First Notice question 7: In your assessment: a. is sufficient recognition and prioritisation presently given to the

protection of flora and fauna (including threatened species) in a natural disaster context; and

b. is there scope for review and enhancement of relevant procedures, strategies and initiatives, including having regard to the impacts of the 2019-2020 bushfires, in each case, explaining the bases for the responses provided.

{The following response includes a response to question 20 of the Second Notice see at [1491 below)

147. The Department's response to Question 5 in its Notice to Give addresses this question. I contributed to the Department's response, and key messages were

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also reiterated in my response to question 4 above (with respect to incorporating consideration of biodiversity assets into bushfire response planning).

148. There is one further matter I would like to raise in response to this question. The large scale, intensity and length of the 2019-20 bushfire season put immense pressure on the wildlife rescue and care sector. I do not have deep knowledge of this sector, but I understand it is comprised of many groups, with various levels of organisation and formality. Based on discussions with governments and wildlife care groups, I understand that there is scope to improve the coordination and operational capability of the sector and its interface with emergency response systems, for better animal welfare outcomes. There is interest from governments and non-government organisations alike to improve preparedness for future events which would likely involve the review and enhancement of standards and protocols in the sector.

149. Some of the issues raised by government and other organisations involved in the wildlife care response have included: challenges in communication and coordination across the sector, both within jurisdictions and nationally; unclear roles and responsibilities between groups within the wildlife care sector, such as between vets and wildlife carers; lack of standardisation of care and release of wildlife; and the need for integration of wildlife response into emergency management systems.

150. Through preliminary discussions with organisations from within the sector and some state governments, there seems to be broad agreement that building the capacity and preparedness of the wildlife care sector to respond to future natural disasters is needed. Specific ideas for improvement raised to date include development of standard operating procedures for wildlife responders and carers and development of nationally accredited training for wildlife responders and carers.

151. The Department is having preliminary discussions with state governments and wildlife care organisations on how we can work together to identify opportunities for, and pathways to, improvement. State and territory governments, and relevant wildlife care organisations, may be able to provide more information to the Commission on any standards and protocols currently in place in each jurisdiction.

First Notice question 8: Describe (in summary terms) any other matters which you consider relevant to your responses to the above questions, or to the Commissioners' inquiries regarding bushfire risk mitigation within Australia, in response to the Terms of Reference.

152. There are no additional matters which I consider relevant.

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Second Notice question 22: In the context of the work of the Expert Panel and the terms of the reference of the Expert Panel (in particular dot point 3 under the heading "RESPONSIBILITIES"), what if any improvements could be made to mitigate the risks to threatened species from bushfires and other natural hazards

153. The Expert Panel has a responsibility to 'Provide advice on the recovery actions needed to support the immediate survival and long-term recovery and resilience of affected animals, plants and ecological communities and natural assets and values, including (but not limited to) provision of critical resources (food, shelter), habitat protection and restoration, threat management and ex situ conservation (captive management, seed collection)' (Terms of Reference, dot point three under 'responsibilities').

154. The Expert Panel has not specifically turned its attention to potential improvements to mitigate risks to threatened species from bushfires and other natural hazards, as it is not included in their Terms of Reference. However, as part of their advice on recovery actions to support survival, and long-term recovery and resilience, the Expert Panel has provided advice on immediate, medium-term and long-term responses. Some of these have included measures which would mitigate future risks.

155. The Panel has provided some advice on the medium-term (six months to two years) and long-term (two to 10 years) bushfire recovery responses required, as outlined in its communique of 11 March 2020 (included in the bundle of documents at Annexure A). The medium to longer-term on-ground actions to support recovery that were recommended by the Expert Panel are included in my response to the First Notice question 4 at paragraphs 126 to 128. This included protecting unburnt refugia within burnt landscapes, including from further fire, which would help to mitigate risks to threatened species.

156. In addition to on-ground actions, the Expert Panel also recommended, in the medium-term, a range of policy responses including a) identifying biodiversity assets for explicit inclusion in planning documents for future fire management and suppression (which I have expanded on in my response at paragraph 119 to 122), b) identifying opportunities to improve preparedness and response capacity, and c) developing best practice guidelines to build capacity and the available evidence base for future fire responses. For the longer-term, the Panel recommended a focus on minimising the risk of future fires burning refugia and building capacity to response to future fires.

157. The Panel also agreed that it would draw on the lessons from this recovery effort to develop guidance on the data needs, planning tools, coordination functions and rapid intervention activities that could help inform future environmental responses to natural disasters. This may be undertaken through a series of 'best practice' guidelines.

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158. The Expert Panel is yet to identify additional specific opportunities to improve preparedness and response capacity, or develop best practice guidelines, as it has focussed most of its efforts to date on assessing the impacts of the bushfires, providing advice on priority species and ecological communities for urgent management action, and identifying priority actions. The work of the Expert Panel is ongoing.

Signed by Dr Sally Box

on 22 May 2020

Signature

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