Report 16159 1.2 86 Wilson Road, Wattle Glen PAO … · Proposed Incorporated Document ... The investigation area contained 7.468 hectares of intact remnant patch native ... Map administered

Kellehers Pty Ltd

Suite 5, 61-63 Camberwell Road, Hawthorn East, Vic. 3123

P O Box 337, Camberwell, Vic. 3124 Ph. (03) 9815 2111

Fax. (03) 9815 2685

November 2016

Report No. 16159 (1.2)

86 WILSON ROAD, WATTLE GLEN

EXPERT WITNESS STATEMENT OF

BRETT LANE

86 Wilson Road, Wattle Glen – Ecological Expert Witness Statement Report No. 16159 (1.2)

Page | i

CONTENTS

1. WITNESS INFORMATION ...................................................................................... 1

1.1. Expert witness information .......................................................................... 1

1.1.1. Name and address .............................................................................. 1

1.1.2. Area of expertise .................................................................................. 1

1.2. Information of other significant contributors ............................................. 1

2. SUMMARY OF WORK UNDERTAKEN AND FINDINGS ......................................... 2

2.1. Work undertaken ......................................................................................... 2

2.2. Summary of findings .................................................................................... 2

3. EXISTING INFORMATION & METHODS ................................................................ 4

3.1. Existing information ..................................................................................... 4

3.1.1. Existing reporting and documentation ............................................... 4

3.1.2. Native vegetation ................................................................................. 4

3.1.3. Listed ecological values ....................................................................... 4

3.2. Field methods ............................................................................................... 4

3.3. GIS mapping ................................................................................................. 4

3.4. Native vegetation definition ........................................................................ 5

4. FINDINGS .............................................................................................................. 6

4.1. Site description ............................................................................................ 6

4.2. Flora and fauna ............................................................................................ 8

4.2.1. Native vegetation ................................................................................. 8

4.2.2. Fauna habitat ....................................................................................... 8

4.2.3. Listed flora species .............................................................................. 9

4.2.4. Listed fauna species .......................................................................... 11

4.3. Potential for use of the investigation area as an offset site ................... 16

4.4. Alternative approaches .............................................................................. 16

4.4.1. Private ownership and vegetation offsetting ................................... 17

4.4.2. Proposed Incorporated Document .................................................... 17

4.4.3. Subdivision ......................................................................................... 17

4.5. Conclusions ................................................................................................ 19

5. DECLARATION ..................................................................................................... 20

TABLES

Table 1: Details of other significant contributors ...................................................... 1

Table 2: Habitat hectare assessment results ............................................................ 8


Page | ii

Table 3: FFG Act and EPBC Act listed flora species and likelihood of occurrence in the investigation area ........................................................................................ 10

Table 4: FFG Act and EPBC Act listed fauna species from the search region and likelihood of occurrence in the investigation area ........................................... 12

FIGURES

Figure 1: Investigation area and native vegetation ................................................... 7

APPENDICES

Appendix 1: Qualifications and experience of Brett Lane & Elinor Ebsworth ........ 21

Appendix 2: Gain scoring calculations ...................................................................... 26

Appendix 3: Offset Site Report .................................................................................. 27


Page | 1

1. WITNESS INFORMATION

1.1. Expert witness information

1.1.1. Name and address

Brett Alexander Lane Brett Lane & Associates Pty Ltd Suite 5, 61-63 Camberwell Road Hawthorn East, Vic. 3123

1.1.2. Area of expertise

Brett Lane has extensive expertise in terrestrial ecology and related legislation and policies.

His qualifications and experience are summarised in Appendix 1.

1.2. Information of other significant contributors

The names, addresses and areas of expertise of other significant contributors to this report, and associated background reports, are presented in Table 1.

Table 1: Details of other significant contributors

Name of contributor Address Area of relevant

expertise

Location of summary of

qualifications and expertise

Elinor Ebsworth

Brett Lane & Associates Pty Ltd Suite 5, 61-63 Camberwell Road, Hawthorn East VIC 3123

Senior Ecologist Appendix 1


Page | 2

2. SUMMARY OF WORK UNDERTAKEN AND FINDINGS

2.1. Work undertaken

Brett Lane & Associates Pty Ltd undertook a flora and fauna assessment of an approximately 10-hectare area of private land located on the boundary of a property at 86 Wilson Road, Wattle Glen, 25 kilometres north-east of Melbourne. The land is proposed to be acquired by Nillumbik Shire Council for public open space purposes in proposed Planning Scheme Amendment C108. It forms part of a larger parcel of land made up of three titles in one ownership totalling over 50 hectres in extent.

This assessment involved the scope of work described below.

Review of existing information on the flora, fauna and native vegetation of the area, including:

o Victorian Biodiversity Atlas administered by the Department of Environment and Primary Industries (DELWP);

o The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Protected Matters Search Tool; and

o DELWP Native Vegetation Information Management system (NVIM); Review information on the proposed planning overlays and associated proposed

infrastructure (i.e. a shared (bike and walking) trail and an adjacent equestrian trail).; A site survey involving:

o Characterisation and mapping of remnant native vegetation and fauna habitat on the site;

o Assessment of native vegetation in accordance with Victoria’s Biodiversity assessment guidelines (the ‘Guidelines’); and

o Consideration of the likelihood of occurrence of rare and threatened species in the investigation area;

An analysis of the potential for the investigation area to provide offsets under Victoria’s native vegetation permitted clearing regulations using DELWP’s ‘gain scoring’ guidelines.

2.2. Summary of findings

The findings of this investigation are summarised below.

The investigation area comprised approximately 10 hectares of private land on the eastern and southern boundaries of the property forming a corridor along Diamond Creek of varying width, extending up to approximately 100 metres from the creek. This corridor lay across three separate titles in the same ownership, totalling over 50 hectares.

The investigation area contained 7.468 hectares of intact remnant patch native vegetation in the form of the ecological vegetation classes Riparian Forest (EVC 18) and Valley Grassy Forest (EVC 47), contiguous with significant areas of similar vegetation extending along Diamond Creek and onto the foothills to the north and west within and beyond the three properties.

Gain scoring of this remnant native vegetation and a subsequent Offset Site Report indicate that the investigation area, if registered as an offset site, could yield up to 1.203 general biodiversity equivalence units under Victoria’s native vegetation


Page | 3

permitted clearing regulations, yielding native vegetation credits of up to $169,478 in value.

The investigation area contained habitat and has the potential to support three flora species and twelve fauna species listed as threatened under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) or the Victorian Flora and Fauna Guarantee Act 1988 (FFG Act).


Page | 4

3. EXISTING INFORMATION & METHODS

3.1. Existing information

Existing information used for this investigation is described below.

3.1.1. Existing reporting and documentation

The reporting and documentation relating to the investigation reviewed are listed below.

Nillumbik Shire Council Planning Scheme, specifically the proposed amendment C108, and in particular the following:

o Public Acquisition Overlay: Schedule 4 (PAO4) to land which the Nillumbik Shire Council wishes to acquire for the trail; and

o A proposed new Incorporated Document titled Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) – Incorporated Document (May 2016).

3.1.2. Native vegetation

Pre-1750 (pre-European settlement) vegetation mapping on the Biodiversity Interactive Map administered by DELWP was reviewed to determine the type of native vegetation likely to occur in the investigation area and surrounds. Information on Ecological Vegetation Classes (EVCs) was obtained from EVC benchmarks published by DELWP.

3.1.3. Listed ecological values

Existing flora and fauna species records and information about the potential occurrence of listed rare and threatened species and ecological communities was obtained from an area termed the ‘search region’, defined here as an area with a radius of ten kilometres from the approximate centre point of the study area (coordinates: latitude 37° 39’ 48.9” S and longitude 145° 10’ 35.6” E).

A list of the flora and fauna species recorded in the search region was obtained from the Victorian Biodiversity Atlas (VBA), a database administered by DELWP.

3.2. Field methods

An initial field visit was undertaken on the 11th November 2016 to provide an overview of the flora and fauna of the investigation area.

A detailed field assessment was then conducted on the 14th November 2016. During both of these assessments, the investigation area was surveyed on foot.

Sites in the investigation area found to support native vegetation were mapped. Mapping was undertaken through a combination of aerial photograph interpretation and ground-truthing using a hand held GPS (accurate to approximately five metres).

3.3. GIS mapping

The preparation of native vegetation mapping utilised the following data sources:

GPS mapping files prepared in the field;

A CAD file of the Public Acquisition Overlay (PAO) provided by Kellehers Australia dated 10 November 2016; and


Page | 5

The cadastral boundary of the property.

3.4. Native vegetation definition

Native vegetation is currently defined in the Victoria Planning Provisions as ‘plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses’. The Biodiversity assessment guidelines define native vegetation as belonging to two categories:

Remnant patch; or

Scattered trees.

The definitions of these categories are provided below, along with the prescribed DELWP methods to assess them.

Remnant patch

A remnant patch of native vegetation is either:

An area of native vegetation where at least 25 per cent of the total perennial understorey plant cover is native; and/or

Any area with three or more native canopy trees1 where the canopy foliage cover2 is at least 20 per cent of the area.

Remnant patch condition is assessed using the habitat hectare method prescribed by DELWP whereby components of native vegetation (e.g. tree canopy, understorey and ground cover) are assessed against an EVC benchmark. The score effectively measures the percentage resemblance of the vegetation to its original condition.

Scattered trees

The Biodiversity assessment guidelines define scattered trees as a native canopy tree2 that does not form part of a remnant patch of native vegetation.

Scattered trees are counted, the species identified and their DBH (diameter at breast height or 1.3 metres above ground) measured or estimated.

1 A canopy tree is a reproductively mature tree that is greater than 3 metres in height and is normally found in the upper layer of the relevant vegetation type. 2 Foliage cover is the proportion of the ground that is shaded by vegetation foliage when lit from directly above.


Page | 6

4. FINDINGS

4.1. Site description

The investigation area for this statement was approximately 10 hectares of private land located on the boundary of a property at 86 Wilson Road, Wattle Glen, 25 kilometres north-east of Melbourne. It formed a corridor along Diamond Creek of varying width, extending up to approximately 100 metres from the creek. This area lay across three separate titles in the same ownership, totalling over 50 hectares. The investigation area follows the proposed Public Acquisition Overlay (Amendment C108) along Diamond Creek, which forms the eastern and southern boundary of the property, as shown in Figure 1. Where the property boundary fell within the PAO, it was used as the edge of the investigation area. Wilson Road abuts the study area to the north-east, while the Hurstbridge train line runs to the south and east of Diamond Creek.

The investigation area lies within the Highlands Southern Fall bioregion and falls within the Port Phillip and Westernport catchment. It supported alluvial yellow duplex soils of sedimentary origin along Diamond Creek. Beyond the investigation area the topography rises steeply to wooded foothills.

The investigation area is dominated by native vegetation associated with the riparian zone of Diamond Creek and the adjacent foothills to the west and north. Several cleared areas dominated by introduced pasture grasses occurred along an existing unmade track that ran the length of the investigation area, and evidence of a past orchard (including scattered fruit trees) occurred within a clearing adjacent to the central portion of the investigation area.

Past and present land uses included recreation (walking and dirt-bike riding) along the unmade track and a now defunct orchard. Surrounding land predominantly supported low density rural residential blocks, including horse agistment in some areas. A new residential development is under construction to the west.

Native vegetation in the investigation area consisted primarily of Riparian Forest dominated by a canopy of Manna Gums, including several large old trees, with an intact understorey of shrubs and the presence of several high threat weed species. Some patches of Riparian Forest had been subject to past clearing, and as such lacked a tree canopy. This Riparian Forest formed a continuous band of vegetation within the investigation area, contiguous with similar vegetation to the north and south-west along Diamond Creek.

Small areas of Valley Grassy Forest (EVC 47) occurred on the foothills landform, dominated by Yellow Box, Red Box, Candlebark and Bundy. These areas also had a diverse tree and shrub layer, as well as several high threat weed species. This vegetation was contiguous with a large forested area on the nearby slopes, including Valley Grassy Forest and Grassy Dry Forest.

The study area lies with the Highlands Southern Fall bioregion and the Port Phillip and Westernport Catchment Management Authority area. The local government area is Nillumbik Shire.

Figure 1: Investigationarea and applicablenative vegetationProject: 86 Wilson Road, WattleGlenClient: Kellehers AustraliaDate: 21/11/2016

D2

C

A

G

E

H

B

F

D1

HE

IDE

LB

ER

G-K

ING

LA

KE

RO

AD

0 100

Metres

PO Box 337, Camberwell, VIC 3124, Australiawww.ecologicalresearch.com.au

P: (03) 9815 2111 - F: (03) 9815 2685

LegendProperty boundary

Investigation area

PAO layout

Applicable native vegetationRiparian Forest (EVC 18)

Valley Grassy Forest (EVC 47)

16159 - Created by: nmay / mwright - E:\GIS\2016 Jobs\16159\16159 SA NV offset FIG 161118.mxd


Page | 8

4.2. Flora and fauna

4.2.1. Native vegetation

Pre–European EVC mapping on DELWP’s Biodiversity Interactive Map indicated that the investigation area and surrounds would have supported Riparian Forest (EVC 18), Valley Grassy Forest (EVC 47), Herb-rich Foothill Forest (EVC 23), Grassy Dry Forest (EVC 22) and Swampy Riparian Complex (EVC 126) prior to European settlement based on modelling of factors including rainfall, aspect, soils and remaining vegetation.

Native vegetation in the investigation area consisted primarily of Riparian Forest (EVC 18) dominated by a canopy of Manna Gums, including several large old trees. Most patches had a diverse tree and shrub layer including wattles, Snowy Daisy-bush, Hazel Pomaderris, Prickly Tea-tree and Prickly Currant-bush. Some patches of Riparian Forest had been subject to past clearing, and as such lacked a canopy. High-threat weeds present included Blackberry, thistles, Bridal Creeper, Sweet Pittosporum and Radiata Pine.

Small areas of the investigation area included the foothills landform and supported Valley Grassy Forest (EVC 47), dominated by Yellow Box, Red Box, Candlebark and Bundy. These areas also had a diverse tree and shrub layer, including wattles, Tree Violet, Cherry Ballart and Sweet Bursaria. High-threat weeds present included Blackberry, thistles, Bridal Creeper, Hawthorn and European Privet.

Eight (8) habitat zones of these EVCs were mapped and assessed using the habitat hectare assessment method, the results of which are shown in Figure 1 and Table 2. Only remnant native vegetation defined as ‘applicable native vegetation’ is documented in Table 2. In a limited number of small areas, the PAO diverted inside the property boundary and native vegetation in these areas is not documented.

Table 2: Habitat hectare assessment results

Habitat Zone EVC Area (ha)

Condition score

(out of 100)

A Riparian Forest (EVC 18) 0.787 61 B Riparian Forest (EVC 18) 0.330 39 C Valley Grassy Forest (EVC 47) 1.310 54 D Riparian Forest (EVC 18) 3.219 61 E Riparian Forest (EVC 18) 0.444 46 F Riparian Forest (EVC 18) 0.295 60 G Riparian Forest (EVC 18) 0.672 47 H Valley Grassy Forest (EVC 47) 0.411 49

Total area (ha) 7.468

4.2.2. Fauna habitat

Fauna habitat within the investigation area comprised mostly the riparian zone of the Diamond Creek, including treed and semi-cleared areas with a varying density shrub layer and varying levels of indigenous grassy ground cover or weeds. This provided


Page | 9

considerable structural diversity to the habitat. The creek itself provided continuous aquatic habitat on the boundary of the investigation area.

In the investigation area, this complex of riparian habitats forms a continuous corridor with the creek to the north of the investigation area. To the immediate south west of the investigation area, past clearing and new works have severed connectivity with the riparian habitat complex further south west towards Diamond Creek and Greensborough by about 180 metres.

4.2.3. Listed flora species

Victorian Biodiversity Atlas records, administered by the Department of Environment, Land, Water and Planning indicated that within the search region there were records of fourteen species listed as threatened under the Commonwealth EPBC Act or the state FFG Act. No threatened flora species listed under these Acts were recorded during the field survey.

The likelihood of occurrence in the investigation area of species listed under the EPBC Act and FFG Act is addressed in Table 3. Species considered ‘likely to occur’ are those that have a very high chance of being in the area based on numerous records in the search region and suitable habitat in the area. Species considered to have the ‘potential to occur’ are those where suitable habitat exists, but recent records are scarce.

This analysis indicates that three (3) listed flora species are likely to occur or have the potential to occur. These are:

Crimson Spider-orchid;

Rufous Pomaderris; and

Round-leaf Pomaderris.


Page | 10

Table 3: FFG Act and EPBC Act listed flora species and likelihood of occurrence in the investigation area

Common Name Scientific name EPBC FFG Number of records Date of last record Likelihood of occurrence

Venus-hair Fern Adiantum capillus-veneris

L 1 14/03/1991 No suitable habitat - unlikely to occur

River Swamp Wallaby-grass Amphibromus fluitans VU

2 22/02/1996 No suitable habitat - unlikely to occur

Charming Spider-orchid Caladenia amoena EN L 5 1/09/1998 No suitable habitat - unlikely to occur

Crimson Spider-orchid Caladenia concolor VU L 4 29/09/2014 Suitable habitat present in HZ C and H - likely to occur.

Frankston Spider-orchid Caladenia robinsonii EN L 1 22/10/1904 No suitable habitat - unlikely to occur

Little Pink Spider-orchid Caladenia rosella EN L 24 28/08/2015 No suitable habitat - unlikely to occur

Short Water-starwort Callitriche brachycarpa


Matted Flax-lily Dianella amoena EN L 31 29/09/2014 No suitable habitat - unlikely to occur

Swamp Diuris Diuris palustris


Large-flower Crane's-bill Geranium sp. 1


Clover Glycine Glycine latrobeana VU L 17 8/09/2014 No suitable habitat - unlikely to occur

Rufous Pomaderris Pomaderris brunnea VU

1 14/02/1996 Suitable habitat present in HZ A, D and F; only one record within 10 km - potential to occur.

Round-leaf Pomaderris Pomaderris vacciniifolia CR L 9 29/03/2011 Suitable habitat present in HZ A, D and F - likely to occur.

Magenta Cherry Syzygium paniculatum VU


Notes: EPBC = threatened species status under EPBC Act: EX = presumed extinct in the wild; CR = critically endangered; EN = endangered; VU = vulnerable; FFG = threatened species status under the FFG Act: L = listed as threatened under the FFG Act


Page | 11

4.2.4. Listed fauna species

The review of existing information indicated that 43 fauna species listed under the Commonwealth EPBC Act and the state FFG Act have previously been recorded within the search region in the last 30 years. The likelihood of occurrence of these species in the investigation area was assessed and the results are presented in Table 4.

This analysis of potential occurrence of listed fauna species excludes marine fauna, migratory oceanic bird species and most migratory shorebirds, given that the study area is inland

Species considered ‘likely to occur’ are those that have a very high chance of being in the study area given the existence of numerous records in the search region and suitable habitat in the study area. Using the precautionary approach, species considered to have the ‘potential to occur’ are those where suitable habitat exists, but recent records are scarce.

This analysis indicates that twelve (12) listed fauna species are likely to occur or have the potential to occur. These are:

Baillon's Crake;

Fork-tailed Swift;

Grey Goshawk;

Latham's Snipe;

Lewin's Rail;

Powerful Owl;

Satin Flycatcher;

White-throated Needletail;

Brown Toadlet;

Brush-tailed Phascogale;

Common Bent-wing Bat; and

Grey-headed Flying-fox.


Page | 12

Table 4: FFG Act and EPBC Act listed fauna species from the search region and likelihood of occurrence in the investigation area

Common Name Scientific name EPBC-T EPBC-M FFG Number of records

Date of last record

Likelihood of occurrence

Birds

Baillon's Crake Porzana pusilla palustris

L 7 22/11/2008

Small area of potential reed-bed habitat on Diamond Creek at the south western end of the investigation area - potential to occur

Barking Owl Ninox connivens connivens


Blue-billed Duck Oxyura australis


Chestnut-rumped Heathwren Calamanthus pyrrhopygius

L 1 20/08/1990 No suitable habitat -

unlikely to occur

Diamond Firetail Stagonopleura guttata


Eastern Great Egret Ardea modesta


Fork-tailed Swift Apus pacificus

M (JAMBA,CAMBA, ROKAMBA)

66 3/05/2004 Aerial species - potential to occur

Freckled Duck Stictonetta naevosa


Glossy Ibis Plegadis falcinellus

M (CAMBA, Bonn (A2S))


Grey Goshawk Accipiter novaehollandiae novaehollandiae

L 9 16/06/2008 Suitable habitat present - potential to occur

Hooded Robin Melanodryas cucullata cucullata



Page | 13


Date of last record


Intermediate Egret Ardea intermedia


Latham's Snipe Gallinago hardwickii

M (JAMBA, CAMBA, ROKAMBA, Bonn

A2H) 112 30/12/2012

Suitable habitat present - potential to occur

Lewin's Rail Lewinia pectoralis pectoralis

L 7 9/01/2006

Small area of potential reed-bed habitat on Diamond Creek at the south western end of the investigation area - potential to occur

Little Bittern Ixobrychus minutus dubius


Little Egret Egretta garzetta nigripes


Masked Owl Tyto novaehollandiae novaehollandiae


Painted Honeyeater Grantiella picta VU


Plains-wanderer Pedionomus torquatus CR


Powerful Owl Ninox strenua

L 184 11/09/2014 Suitable habitat present - potential to occur

Regent Honeyeater Anthochaera phrygia CR M (JAMBA) L 40 12/11/1998 No suitable habitat - unlikely to occur

Regent Parrot Polytelis anthopeplus monarchoides

VU



Page | 14


Date of last record


Rufous Fantail Rhipidura rufifrons

M (Bonn Convention (A2H))


Satin Flycatcher Myiagra cyanoleuca

M (Bonn Convention (A2H))

79 11/09/2014 Suitable habitat present - potential to occur

Speckled Warbler Chthonicola sagittatus


Square-tailed Kite Lophoictinia isura


Swift Parrot Lathamus discolor CR


Turquoise Parrot Neophema pulchella


White-bellied Sea-Eagle Haliaeetus leucogaster


White-throated Needletail Hirundapus caudacutus

M (JAMBA, CAMBA, ROKAMBA)

336 22/02/2013 Aerial species - likely to occur

Fish

Australian Grayling Prototroctes maraena VU


Freshwater Catfish Tandanus tandanus


Macquarie Perch Macquaria australasica EN


Murray Cod Maccullochella peelii VU


Frogs


Page | 15


Date of last record


Brown Toadlet Pseudophryne bibronii

L 27 25/06/1992 Suitable habitat - potential to occur

Growling Grass Frog Litoria raniformis VU


Invertebrates

Eltham Copper Butterfly Paralucia pyrodiscus lucida EN


Large Ant Blue Acrodipsas brisbanensis


Mammals

Brush-tailed Phascogale Phascogale tapoatafa


Common Bent-wing Bat Miniopterus schreibersii GROUP


Grey-headed Flying-fox Pteropus poliocephalus VU


Reptiles

Broad-shelled Turtle Chelodina expansa


Notes: EPBC-T = threatened species status under EPBC Act; EX = presumed extinct in the wild; CE = critically endangered; EN = endangered; VU = vulnerable; EPBC-M = migratory status under the EPBC Act; M = listed migratory taxa; Bonn Convention (A2H) - Convention on the Conservation of Migratory Species of Wild Animals – listed as a member of a family; Bonn Convention (A2S) - Convention on the Conservation of Migratory Species of Wild Animals - species listed explicitly; CAMBA - China- Australia Migratory Birds Agreement; JAMBA - Japan-Australia Migratory Birds Agreement; ROKAMBA - Republic of Korea Australia Migratory Birds Agreement; FFG = threatened species status under the FFG Act: L = listed as threatened under the FFG Act


Page | 16

4.3. Potential for use of the investigation area as an offset site

Given the dominance of native vegetation in the investigation area, the potential exists for it to be used as an offset site for approved removal of native vegetation and/or fauna habitat elsewhere in Victoria.

Under Victoria’s native vegetation permitted clearing regulations and the associated Biodiversity assessment guidelines (the ‘Guidelines’), offsets for approved removal elsewhere in Victoria are accounted for in terms of biodiversity equivalence units (BEUs). BEU offsets may be general in nature (GBEUs), which must be located in the same Catchment Management Authority or local government area as the impact; or specific to a rare or threatened species impact, which can be located anywhere in Victoria (SBEUs).

Native vegetation offsets must be intensively managed for a 10-year period and protected in perpetuity by way of an on-title security agreement such as a Trust for Nature Conservation Covenant, or a Landowner Agreement with DELWP under s. 69 of the Conservation, Forests and Lands Act 1987.

In order to determine the offset capacity of the investigation area, information on the habitat condition of native vegetation and threats to this condition were gathered during the site assessment, and a subsequent ‘gain scoring’ exercise for the protection of remnant patch native vegetation was undertaken using DELWP’s Native vegetation gain scoring manual (May 2013). The results of this gain scoring exercise are presented in Appendix 2, based on the land use commitments listed below.

Exclude stock

Eliminate all woody weeds < 1 % cover and ensure that weed cover does not increase beyond the current level

Monitor for any new and emerging weeds and eliminate to < 1% cover

Control rabbits

Retain all standing trees (dead or alive)

Retain all logs and fallen timber

In order to translate these gain scores into BEUs, an Offset Site Report was generated by DELWP’s Native Vegetation Support team based on mapping files and gain scores provided by BL&A. This Offset Site Report (Appendix 3) has identified that the offsets listed below would be available in the investigation area if it were protected and managed for conservation.

1.203 general biodiversity equivalence units

0.891 specific biodiversity equivalence units for Australian Grayling

0.889 specific biodiversity equivalence units for Macquarie Perch

Offset ‘credits’ could be purchased either as GBEUs across the whole site, or a combination of GBEUs and SBEUs – each ‘land unit’ within the site can be used to satisfy either a general or a specific offset (but not both).

4.4. Alternative approaches

Other alternatives considered here include no acquisition and retention in private ownership as a native vegetation offset, as well as development of house sites above the


Page | 17

escarpment to the west and north of Diamond Creek and associated access arrangements.

4.4.1. Private ownership and vegetation offsetting

Retention of the land in private ownership as a dedicated native vegetation offset has the following advantages compared with the consequences of opening the area up to public access via the proposed Amendment C108:

Public access will be limited, ensuring minimal potential for disturbance to vegetation and wildlife in the area;

Restricted public access translates into a reduction in the potential for fires;

Restricting public access and horse access limits the potential for weed introductions, making native vegetation management more effective and less costly; and

Activities in the area will be entirely focussed on restoring and enhancing the ecological values of the Diamond Creek Corridor.

The PAO will limit the capacity of the land to be used for private offsets should the owner chose to realise the maximum value from their landholdings through this mechanism. Under current planning controls in the area, this is the only option they have in the PAO area itself. Private offsetting is subject to a clear timetable and commitment to outcomes through the offset management plan that sits with the on-title agreement that secures the land for conservation purposes. Through this mechanism, landholders are directly accountable for the positive environmental outcomes offsetting requires. By contrast, public land managers are not under such obligation and often management plans are implemented in the context of limited budgets and internal accountabilities only. The Incorporated Document therefore does not provide the same level of assurance as private offsetting.

4.4.2. Proposed Incorporated Document

The proposed incorporated document requires Council to comply with Clause 52.17 of the planning scheme, which means providing an offset for vegetation to be removed for the construction of the track and associated works. The document also provides for the preparation of an Environmental Management Plan that demonstrates how project impacts are minimised, mitigated and offset and how the offset is to be provided and managed.

Within the properties, the area of native vegetation to be removed for the trail is 0.3 hectares. The offset for this would be much less than the area covered by the PAO. The Incorporated Document therefore does not provide for any native vegetation maintenance and enhancement other than that required for offsetting removal for the proposed trail. An incentive is provided through the native vegetation offset system in Victoria for private landowners to set aside and positively manage areas of remnant native vegetation on their land. The value of the offset within the PAO area on the three properties is described in section 4.3.

4.4.3. Subdivision

Further subdivision of the three properties affected is possible to a minimum lot size of eight hectares under Schedule 3 to the Rural Conservation Zone applicable to the properties. Under this scenario, subdivision is possible in the northern property, to create


Page | 18

four lots but the remaining two (southern properties) cannot be further subdivided as they are both about 12 hectares. Such a proposition would require site access driveways. Without Amendment C108, these driveways can be constructed off a six metre wide road that follows the existing unmade vehicle track within the proposed PAO. Short driveways up the escarpment to house sites overlooking the creek would be required.

The option of minimising native vegetation impacts through the use of the existing unmade vehicle track would be precluded with the adoption of proposed Amendment C108. Driveways would have to be brought in from Wilson Road or the development underway to the immediate west. This would involve the removal of more native vegetation. An approximate comparison is provided below.

Access via the existing track in proposed PAO would involve the following native vegetation removal:

o Removal of two metres of additional native vegetation (from four metres to a six metre wide road) along most of the existing track for approximately 1.2 kilometres , 500 metres of which is vegetated (removal = 2 x 500m = 0.1 hectare); and

o Up to six four metre wide driveway averaging 150 metres in length (removal = 150 x 4 x 6 = 0.36 hectares); so

o Total vegetation to be removed for access and driveways is 0.46 hectares.

Access to escarpment home sites from a new road off existing development to the west within and along the north-western boundary of the properties:

o Removal of a six metre wide road for 400 metres behind each of six lots (removal = 0.24 hectares); and

o Removal of approximately 1.5 kilometres of four metre wide driveways (i.e. from north to south respectively 60m, 300m, 320m, 200m,300m and 300m) to six house sites (removal = 0.6 hectares); so

o Total vegetation to be removed for access and driveways is 0.84 hectares.

It is anticipated that a similar area of native vegetation removal would be required if the same road within and along the north-western boundary were taken off Wilson Road.

Access to six lots from a new road adjacent to the north western boundary of the properties would remove 0.84 hectares of native vegetation, compared with 0.46 hectares, or approaching twice as much removal.

Combining this second scenario with the removal of 0.3 hectares for the Council-proposed trail (i.e. an extra six metres along 500 metres of the existing unmade vehicle track that is vegetated), would take to over 1.1 hectares the extent of native vegetation removal that may ultimately be required as a consequence of proposed Amendment C108. This compares to 0.46 hectares of removal if the amendment were not to proceed and access and driveways were to be confined to the southern and eastern parts of the properties, currently proposed for acquisition under Amendment C108.

Based on the foregoing analysis, the advent of the proposed PAO will limit options for the land owner to subdivide and develop the properties for residential purposes, consistent


Page | 19

with the applicable planning controls, in a manner that minimises native vegetation impacts.

4.5. Conclusions

The foregoing comparison of the Council-proposed PAO and Incorporated Document, with continued private ownership, offsetting and subdivision has concluded that the maintenance and enhancement of the native vegetation in the PAO area are more assured through the adoption of a native vegetation offset in the entire area rather than removal of vegetation for a trail. Furthermore, the limitations on site vehicle access imposed by the PAO once subdivision and housing are developed mean that more vegetation would need to be removed to provide alternative access to resulting lots.


Page | 20

5. DECLARATION

I have made all the inquiries that I believe are desirable and appropriate and no matters of significance which I regard as relevant have to my knowledge been withheld from the Tribunal.

Signed:

Brett Alexander Lane Director Brett Lane & Associates Pty Ltd 25 Burwood Road Hawthorn, Vic. 3122 21st November 2016


Page | 21

Appendix 1: Qualifications and experience of Brett Lane & Elinor Ebsworth

(see CVs on following pages)

Biography Working in industry since 1979 Qualifications BA (Zoology & Physical Geography) Monash University

Certificates and Licenses Management Authorisation – Salvage and Translocation Victorian Animal Ethics Approval

Employment History 2001 – present

Director, Brett Lane & Associates Pty Ltd, Melbourne 1999 – 2000

Natural Resource Specialist, PPK Environment & Infrastructure Pty Ltd, Melbourne

1996 – 1998 Senior Ecologist, Ecology Australia Pty Ltd, Melbourne

1993 – 1996 Principal Terrestrial Ecologist, WBM Oceanics Australia, Brisbane

1991 – 1993 Assistant Director (East Asia), Asian Wetland Bureau, Kuala Lumpur, Malaysia

1987 – 1991 Director, Brett A Lane Pty Ltd (Melbourne)

1980 – 1986 Wader Studies Co‐ordinator, Royal Australasian Ornithologists’ Union (now Birdlife Australia, Melbourne

1979 Research Assistant, Kinhill Planners Pty Ltd., Melbourne

Profile Brett has over 35 years’ experience in ecological research and management. He has worked in a range of positions with environmental consultancies in Melbourne and Brisbane and with non‐government environmental groups in Australia and East Asia. He has specialist knowledge in birds and wetlands, and extensive experience in ecological impact assessment, including in the infrastructure, renewable energy, property development and mining industries. Brett has undertaken and managed many hundreds of ecological assessments and prepared and reviewed documents that have accompanied development applications on behalf of private companies, government infrastructure agencies and private individuals. His extensive experience has given him an excellent knowledge of the regulatory environment relevant to native vegetation, flora and fauna and he can advise on the scope of scientific information needed to inform the development assessment and decision‐making process. He has also defended his scientific work as an expert witness in courts and tribunals. Brett founded BL&A in 2001.

Brett Lane Principal Consultant and Director

Key Skills

Experienced advisor on state and federal biodiversity

legislation and policy

EPBC Act and EES Referrals

Preparation of environmental assessment reports (preliminary documentation, public environmental report and environmental impact statement)

Preparation of native vegetation planning permit applications

Design of developments to comply with biodiversity legislation and policies

Expert witness for VCAT, planning panels and courts

Ecological risk assessment

Native vegetation assessment

Terrestrial fauna assessment and wetland ecology

Ornithologist specialising in wetland and migratory shorebirds

Wind energy development specialist and minimizing impacts on wildlife including collision risk modelling

Project Examples Property Development Eynesbury Township, Eynesbury, Victoria: Flora, Fauna and Habitat Hectare Assessment, Targeted Flora Surveys, Growling Grass Frog Survey, Plains‐wanderer Survey and Development of an Offset Tracking Tool. Net Gain Analysis for Planning Permit Applications of subsequent stages and advice on offset management (2003 – present)

Taylors Rd, Sydenham, Victoria (Broadcast Australia): EPBC Act Referral, preparation of EPBC Act Public Environment Report (PER), Offset Site Search and Offset Management Plan, Spiny Rice‐flower Propagation and Translocation Plans, Seed Collection (2006 – present)

Somerfield Estate, Keysborough, Victoria: Flora, Fauna and Growling Grass Frog Survey and Offset Plan Preparation, preparation of offset tracking reports for each stage of development (2008 – present)

Modena Estate, Burnside, Victoria: Flora and Fauna Assessment, targeted threatened species surveys, EPBC Act referrals and assessment approvals, development of offset and mitigation plans (2002 – present)

Renewable Energy Dundonnell Wind Farm, Dundonnell, Victoria: Overview and Targeted Assessments including Brolga, bat, migratory bird, Striped Legless Lizard, Flora Surveys, assessment of powerline route and road access options, EPBC Act Referral, Input to EES Referral, preparation of EES technical appendix on flora and fauna, Brolga impact assessment, collision risk modelling (2009 – present)

Granville Wind Farm, Granville Harbour, Tasmania: Overview Assessment, targeted surveys including Orange‐bellied Parrot and bat surveys, EPBC Act Referral and advice for regulator negotiations (2011 – present)

MacArthur Wind Farm, MacArthur, Victoria: Overview assessment, detailed flora and fauna surveys, impact assessment, input to EPBC Act Referral and state EES, assessment of powerline and road rout options, appearance at state Planning Panel hearings as expert witness, preparation of pre‐construction and operational flora and fauna management plans, net gain analysis and identification of suitable offsets (2004 – 2012)

Cherry Tree Wind Farm, Victoria: Overview assessment, native vegetation and threatened flora surveys, targeted threatened fauna surveys, assessment of powerline and road route options, offset site sourcing and assessment, preparation of expert witness statement and appearance at VCAT (2010 ‐ 2015)

Mt Gellibrand Wind Farm, Mt Gellibrand, Victoria: Overview assessment, detailed flora and fauna surveys, including targeted Brolga and migratory bird surveys, and Striped Legless Lizard tile grid surveys, input to state planning permit application, preparation of witness statement and appearance at state Planning Panel hearing, preparation and early implementation of pre‐construction flora and fauna management plans, including bat and avifauna management plan, native vegetation mapping, offset mapping, development of Brolga monitoring and mitigation strategies (2004 – present).

Road and Rail Infrastructure Avalon Airport Rail Link, Little River, Victoria: Flora and Fauna Mapping, Constraint Analysis and Net Gain Analysis (2011 – 2013)

Dingley Bypass, Keysborough, Victoria: Flora and Fauna Assessment, including targeted flora surveys, habitat hectare assessment and Net Gain analysis, expert witness at VCAT case (approved) (2008 – 2014)

Nagambie bypass, Nagambie Victoria: Flora and Fauna Assessment, including habitat hectare assessment and Net Gain analysis (2008)

Second Murray River Bridge Crossing at Echuca‐Moama: Detailed Flora Assessment, Targeted Flora Survey (2008 – present)

Ecosystem Monitoring and Management Scientific Review Panel, Kerang Lakes Bypass project (North Central Catchment Management Authority, Goulburn Murray Water): Scientific review of detailed technical reports to inform decisions of water savings plans and associated watering plans for five wetlands that form part of the Ramsar‐listed Kerang Lakes wetlands system. (2013)

Northern Victoria Irrigation Renewal Program (NVIRP): Assessed the impact of a major federal water industry investment project on Matters of National Environmental Significance, including threatened flora, threatened fauna and listed migratory birds using wetlands located in the potential impact area. (2009‐2011)

Biography Working in industry since 2012

Qualifications

BSc Geography and Environmental Studies, University of Tasmania, Hobart

Employment History

2015 - present Senior Ecologist, Brett Lane and Associates Pty Ltd, Victoria

2014 - 2015 Research Associate, Environmental Change Biology (Bowman) Lab, University of Tasmania

2012—2014 Botanist, GHD Pty Ltd, Victoria

2006—2009 (casual) Environmental Management Officer, Hobart Water, Tasmania

Profile

Elinor is a competent ecologist with over four years’ experience in ecological consultancy. She completed a Bachelor’s

degree in Science (Honours) at the University of Tasmania and has worked for BL&A since 2015. During her time as a

consultant, Elinor has worked on numerous projects involving ecological assessments, management and monitoring. Her

reporting experience includes assessments under the Biodiversity Assessment Guidelines, formulation of environmental

management plans and preparation of ecological monitoring reports.

Elinor Ebsworth Senior Ecologist

Key Skills

Native vegetation assessments

Vegetation monitoring

Habitat hectare assessments

Listed Flora assessments

Fauna habitat assessments

Targeted surveys for listed species

Ecological monitoring

Offset site selection

Project Examples Property Development Bacchus Marsh Grammar School, Staughton Vale, Victoria: Flora and Bushfire Assessment, including habitat hectare assessment (2015)

Bellarine Highway, Point Lonsdale, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015)

15 Bowmans Lane, Keysborough, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015)

Braemar College road widening for access, Woodend: Flora and Fauna Assessment, including habitat hectare assessment (2016)

Cave Hill Quarry, Lilydale, Victoria: Updated Flora and Fauna Assessment, including habitat hectare assessment (2015)

Centre Road, Berwick, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015)

Citation Reserve, Mount Martha, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015)

Donnybrook Road, Donnybrook, Victoria: Determination of Matters of National Significance within the Melbourne Strategic Assessment Area (2015)

Honda MPE Hume Highway, Somerton, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015)

Inverloch RACV Resort, Inverloch, Victoria: Offset Monitoring including flora quadrats, photo point and pest animal monitoring (2015)

Modeina, Burnside, Victoria: tagging of Spiny Rice‐flower (2016)

Mullane Road, Pakenham, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2016)

Stamford Park, Rowville, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015‐2016)

St Andrews Beach Golf Course: Flora and Fauna Assessment, including habitat hectare assessment; Bushfire assessment (2016)

Victorian Volcanic Plain, Western Victoria: Searches for Matters of National Significance (including NTGVVP and Spiny Rice‐flower) within potential offset sites (2015)

Waverley Golf Club, Rowville, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015‐2016)

Renewable Energy Ararat Wind Farm, Ararat, Victoria: Revised vegetation assessment and Pest Animal Monitoring (2015)

Berrybank Wind Farm, Berrybank, Victoria: Desktop native vegetation assessment for revised layout (2015)

Dundonnell Wind Farm, Dundonnell, Victoria: Transmission line Native Vegetation Assessment, including habitat hectare assessment and targeted surveys (2015)

Kiata Wind Farm, Kiata, Victoria: Desktop native vegetation assessment for revised layout (2015)

Ryan Corner and Hawkesdale Wind Farms, Victoria: Desktop native vegetation assessment for revised layout (2015)

Salt Creek Wind Farm, Hexham, Victoria: Access track overview assessment (2015)

Road and Rail Infrastructure Murray River Crossing ‐ Echuca, Victoria and Moama, New South Wales: Masked Owl Habitat assessment (2016)

Murray River Crossing ‐ Echuca, Victoria and Moama, New South Wales: Squirrel Glider Habitat Linkage Strategy (2015)

Telecommunications Infrastructure NBN Tower, Goughs Bay, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2015)

NBN Tower, Lovely Banks, Victoria: Flora and Fauna Assessment, including habitat hectare assessment (2016)


Page | 26

Appendix 2: Gain scoring calculations

Habitat Zone A B C D E F G H Property Size >=10 Ha >=10 Ha >=10 Ha >=10 Ha >=10 Ha >=10 Ha >=10 Ha >=10 Ha

Applicable overlays ESO ESO ESO ESO ESO ESO ESO ESO

Bioregion HSF HSF HSF HSF HSF HSF HSF HSF

EVC Riparian Forest (EVC 18)

Riparian Forest (EVC 18)







EVC standardiser 1 1 1 1 1 1 1 1

Max

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Curr

ent c

ondi

tion

Mai

nten

ance

Impr

ovem

ent

Scor

es

Large Trees 10 6 n/a 0 n/a 2 n/a 4 n/a 0 n/a 3 n/a 1 n/a 4 n/a Tree Canopy Cover

5 5 n/a 0 0 n/a 0 5 n/a 0 5 n/a 0 0 n/a 0 5 n/a 0 0 n/a 0 5 n/a 0

Understorey 25 15 1.5 2.5 5 0.5 0 15 1.5 2.5 15 1.5 2.5 15 1.5 2.5 15 1.5 2.5 15 1.5 2.5 15 1.5 2.5 Lack of Weeds

15 2 2 6 2 5 2 6 2 2 2 6 2 2 2 0 2

Recruitment 10 6 0.6 2 5 0.5 0 4 0.3 2 6 0.6 2 6 0.6 2 6 0.6 2 6 0.6 2 3 0.3 2 Organic Litter

5 5 0.5 0 5 0.5 0 3 0.3 2 5 0.5 0 5 0.5 0 5 0.5 0 5 0.5 0 3 0.3 2

Logs 5 4 4.4 0 0 0 0 2 2.4 0 2 2.4 0 0 0 0 2 2.4 0 0 0 0 2 2.4 0 Landscape Context

25 18 18 18 18 18 18 18 17 Habitat Score

100 61 39 54 61 46 60 47 49 Condition gains subtotal 7 6.5 1.5 2 4.5 8.5 5 6.5 2.6 6.5 5 6.5 2.6 6.5 4.5 8.5

Prior Mgt Gain/ha 6.1 3.9 5.4 6.1 4.6 6 4.7 4.9

Security Gain/ha 6.1 3.9 5.4 6.1 4.6 6 4.7 4.9

Total Gain/ha 25.7 11.3 23.8 23.7 18.3 23.5 18.5 22.8

Size of zone (ha) 0.787 0.33 1.31 3.219 0.444 0.295 0.672 0.411 TOTAL GAIN (habitat hectares) 0.202 0.037 0.312 0.763 0.081 0.069 0.124 0.094


Page | 27

Appendix 3: Offset Site Report

Documents

Report 16159 1.2 86 Wilson Road, Wattle Glen PAO … · Proposed Incorporated Document ... The investigation area contained 7.468 hectares of intact remnant patch native ... Map administered