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Flora and Fauna Assessment: Planning Scheme Amendment for Intensive Animal Husbandry, Cape Nelson Road, Portland, Victoria Prepared for Davis Advisory Privileged and Confidential 4 May 2016

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Page 1: Flora and Fauna Assessment: Planning Scheme …...Flora and Fauna Assessment: Planning Scheme Amendment for Intensive Animal Husbandry, Cape Nelson Road, Portland, Victoria Prepared

Flora and Fauna Assessment: Planning Scheme Amendment for Intensive Animal Husbandry, Cape Nelson Road, Portland, Victoria Prepared for Davis Advisory Privileged and Confidential 4 May 2016

Page 2: Flora and Fauna Assessment: Planning Scheme …...Flora and Fauna Assessment: Planning Scheme Amendment for Intensive Animal Husbandry, Cape Nelson Road, Portland, Victoria Prepared

Biosis Pty Ltd

This document is and shall remain the property of Biosis Pty Ltd. The document may only be used for the purposes for which it was commissioned and in accordance with the Terms of the Engagement for the commission. Unauthorised use of this document in any form whatsoever is prohibited.

Disclaimer:

Biosis Pty Ltd has completed this assessment in accordance with the relevant federal, state and local legislation and current industry best practice. The company accepts no liability for any damages or loss incurred as a result of reliance placed upon the report content or for any purpose other than that for which it was intended.

© Biosis 2016 - Leaders in Ecology and Heritage Consulting - www.biosis.com.au i

Biosis offices

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Canberra

Phone: (02) 6102 1200 Email: [email protected]

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Phone: (02) 4911 4040 Email: [email protected]

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Wangaratta

Phone: (03) 5721 9453 Email: [email protected]

Document information

Report to: Davis Advisory

Prepared by: Chris Jones

Ben Howells

Mark Venosta

Biosis project no.: 22024

File name: 22024.capenelsonroadportland.ffa.fin.20160504.docx

Citation: Biosis 2016. Flora and Fauna Assessment for Planning Scheme Amendment for Intensive Animal Husbandry, Cape Nelson Road, Portland, Victoria. Report for Davis Advisory. Authors: Jones C, Howells, B & Venosta M, Biosis Pty Ltd, Melbourne. Project no. 22024

Document control

Version Internal reviewer Date issued

Draft version 01 MV 15/04/16

Draft version 02 MV 20/04/16

Final version 01 MV 04/05/16

Acknowledgements

Biosis acknowledges the contribution of the following people and organisations in undertaking this study:

Davis Advisory: Andrew Low

Department of Environment, Land, Water and Planning for Victorian Biodiversity Atlas and Native Vegetation Information Tools access

Department of Environment for access to the Protected Matters Search Tool of the Australian Government

BirdLife Australia for access to the New Atlas of Australian Birds 1998-2013.

Other Biosis staff involved in this project were:

James Shepherd (mapping)

Dan Lim (research assistance)

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© Biosis 2016 – Leaders in Ecology and Heritage Consulting II

Contents 1. Introduction ................................................................................................................................................. 1

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

1.2 Scope of assessment ....................................................................................................................................... 1

1.3 Location of the study area ............................................................................................................................. 1

2. Methods ........................................................................................................................................................ 3

2.1 Database review .............................................................................................................................................. 3

2.2 Definitions of significance .............................................................................................................................. 4

2.3 Determining likelihood of occurrence of significant species ................................................................... 4

2.4 Site investigation .............................................................................................................................................. 4

2.4.1 Flora assessment .................................................................................................................................. 42.4.2 Fauna assessment ................................................................................................................................ 52.4.3 Permits ................................................................................................................................................... 5

2.5 Qualifications .................................................................................................................................................... 5

2.6 Legislation and policy ...................................................................................................................................... 6

2.7 Mapping ............................................................................................................................................................. 6

3. Results ........................................................................................................................................................... 7

3.1 Vegetation & fauna habitat ............................................................................................................................ 7

3.2 Landscape context ........................................................................................................................................... 9

3.3 Significant species and ecological communities ........................................................................................ 9

3.3.1 EPBC Act and FFG Act listed species ................................................................................................. 93.3.2 Significant ecological communities ................................................................................................... 9

4. Biodiversity legislation and government policy ................................................................................... 11

4.1 Commonwealth ............................................................................................................................................. 11

4.1.1 Environment Protection and Biodiversity Conservation Act 1999 ............................................ 11

4.2 State ................................................................................................................................................................. 12

4.2.1 Flora and Fauna Guarantee Act 1988 (FFG Act) ............................................................................ 124.2.2 Catchment and Land Protection Act 1994 (CaLP Act) .................................................................. 124.2.3 Planning and Environment Act 1987 (incl. Planning Schemes) .................................................. 12

5. Victoria's biodiversity assessment guidelines ...................................................................................... 15

5.1 Proposed removal of native vegetation .................................................................................................... 15

6. Key ecological values and recommendations ...................................................................................... 17

Appendix 1 Flora ................................................................................................................................................... 20

Appendix 2 Fauna ................................................................................................................................................. 29

Appendix 3 Photos of the study area ................................................................................................................ 45

Appendix 4 Glossary – Biodiversity assessment guidelines.......................................................................... 46

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© Biosis 2016 – Leaders in Ecology and Heritage Consulting III

Tables

Table 1 Criteria for determining significance of species & ecological communities ................................... 4

Table 2 Summary of vegetation and habitat types within the study area .................................................... 8

Table 3 Summary of EPBC and FFG Act listed species most likely to occur in the study area ................... 9

Table 4 Assessment of project in relation to the EPBC Act ........................................................................... 11

Figures

Figure 1 Location of the study area, Cape Nelson, Victoria .............................................................................. 2

Figure 2 Ecological features of the study area, Cape Nelson, Victoria .......................................................... 10

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© Biosis 2016 – Leaders in Ecology and Heritage Consulting iv

Summary

Biosis Pty Ltd was commissioned by Davis Advisory to undertake a flora and fauna assessment for a planning scheme amendment to undertake intensive animal husbandry within a property on Cape Nelson Road, Portland. The area is currently zoned Rural Conservation Zone schedule 1 (RCZ1), which does not allow for the intensive land use.

Ecological values

Key ecological values identified within the study area are as follows:

Habitat for five FFG listed fauna species

Four small patches of native coastal mallee scrub vegetation

Government legislation and policy

An assessment of the project in relation to key biodiversity legislation and policy is provided and summarised below.

Legislation / policy Relevant ecological feature on site

Permit / approval required

Notes

EPBC Act No listed flora or fauna recorded or with potential habitat within the study area.

Referral not required Development unlikely to constitute a significant impact.

FFG Act Six listed species with habitat in the study area: Rufous Bristlebird Rufous Bristlebird (Coorong subsp.) Magpie Goose Eastern Great Egret Intermediate Egret Little Egret

Protected Flora Permit not required. Site is private land.

Planning & Environment Act

Indigenous vegetation to be cleared.

Planning permit required, including permission to lop or remove vegetation.

Permit application needs to address provisions of SLO3 and ESO1 (see section 4).

CaLP Act Seven noxious weeds: African Boneseed Perennial Thistle Spear Thistle Flax-leaf Broom African Box-thorn Apple of Sodom Gorse

None required. Comply with requirements to control/eradicate weeds. Permit only required from DEDJTRI to transport soil/rock off site for State Prohibited weeds.

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Clause 52.17 and Permitted clearing of native vegetation: Biodiversity assessment guidelines (the Guidelines)

Native vegetation within the study area is coastal mallee scrub EVC 665 and can be described as either remnant patches or scattered native vegetation. The existing remnant patches of native vegetation found on the site are already fenced off and will not be removed by the proposed planning scheme amendment and development. Based on current designs, the proposed use of the site for intensive animal husbandry will not require the removal of any remnant patches of native vegetation or scattered native trees (greater then 10 year old) from within the study area.

The scattered native grasses/ shrubs found throughout the study area that do not fall under the definition of a remnant patch will continue to be impacted by grazing activities. Grazing of this scattered native vegetation by domestic stock is exempt from needing a planning permit under Clause 52.17 of the Glenelg Planning Scheme. Given the planning permit exemptions within Clause 52.17 of the Glenelg Planning Scheme which allow for the removal of native vegetation that is regrowth less than 10 years old or through the grazing of domestic stock, it is considered that a planning permit is not required under Clause 52.17.

However, if the areas of remnant patch that are already fenced become impacted or all or part of them are proposed to be removed a planning permit will be required and vegetation offset(s) will be required.

Environmental Significance Overlay schedule 1 (ESO1)

Under the ESO1 a planning permit is required to remove, destroy or lop any vegetation. This does not apply to the removal of Bracken which has naturally established or regenerated. The ESO1 does not contain any permit exemptions for grazing of regrowth that is less then 10 years old.

Any permit application submitted will need to address the requirements and environmental objective of the ESO1.

Significant Landscape Overlay schedule 3 (SLO3)

Under the SLO3 a planning permit is required to remove, destroy or lop any vegetation. This does not apply to the removal of Bracken which has naturally established or regenerated. The SLO3s does not contain any permit exemptions for grazing of regrowth that is less then 10 years old.

Any permit application submitted will need to address the requirements and environmental objective of the SLO1.

Recommendations

The results of this assessment should be incorporated into the project design, by adding the flora and fauna mapping information into the planning maps and investigating options to retain as much of the mapped vegetation/habitats as possible. All areas of vegetation/habitat nominated as 'retained' are to be treated as no-go zones and are not to be encroached upon as development progresses. This includes the native vegetation areas currently fenced off, but also any additional areas of regrowth that may be fenced or protected in the future. If these areas are impacted then a planning permit will be required under Clause 52.17 to remove, destroy or lop native vegetation. A planning permit will be required under the ESO1 and SLO3 to remove, destroy or lop any vegetation (except Bracken).

There are unlikely to be any significant impacts to native vegetation within the study area, but there may be scope to add additional native shelter belts in the future where recruitment of native vegetation occurs.

High quality native vegetation occurs along the eastern boundary of the study area. All efforts should be made to ensure the fencing between the property and the remnant vegetation remains in good working

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© Biosis 2016 – Leaders in Ecology and Heritage Consulting vi

condition. All significant weed species should be managed to prevent their spread within the study area and to adjacent land.

The addition of a Native Vegetation Plan, Weed Management Plan and Pest Animal Management Plan will augment the implementation of an Environment Management Plan and include measures to reduce all aspects of potential deleterious impacts to biodiversity.

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© Biosis 2016 – Leaders in Ecology and Heritage Consulting 1

1. Introduction

1.1 Project background

Biosis Pty Ltd was commissioned by Davis Advisory to undertake a flora and fauna assessment for a planning scheme amendment to undertake intensive animal husbandry within a property on Cape Nelson Road, Portland. The area is currently zoned Rural Conservation Zone, which does not allow for the intensive land use.

The below was provided to Biosis by Davis Advisory to describe the proposed change in land use:

'The development of the land is solely for the purpose of satisfying the new trade in slaughter cattle for China. The protocol for this trade requires that the cattle are isolated for 7 days prior to shipment (compared with up to 30 days for breeding cattle). Allowing 4 days for receipt and 2 days for load-out, we are working on the basis of an average of 15 days for each shipment.

On the basis of 14000 head per shipment, this would mean 10 shipments per year. Thus the land would have no animals on it for a majority of the year.'

1.2 Scope of assessment

The objectives of this investigation are to:

Describe the vascular flora (ferns, conifers, flowering plants), vertebrate fauna (mammals, birds, reptiles, frogs, fishes) and decapod crustacea (e.g. crayfish).

Map native vegetation and other habitat features.

Review the implications of relevant biodiversity legislation and policy, including Victoria’s Permitted clearing of native vegetation: Biodiversity assessment guidelines ('the Guidelines').

Identify potential implications of the proposed development and provide recommendations to assist with development approvals such as input to any native vegetation plans, weed management plans and pest animal management plans.

Recommend any further assessments of the site that may be required.

1.3 Location of the study area

The study area is located on Cape Nelson, approximately 8 km south of Portland (Figure 1). It encompasses approximately 165 ha of private land and is currently zoned Rural Conservation Zone.

The study area is within the:

Glenelg Plain Bioregion

Portland Coast River Basin

Management area of Glenelg Hopkins Catchment Management Authority (CMA)

Glenelg Shire Council.

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GLENELGGLENELGSHIRESHIRE

Heath Rd

Edgar St

Cashmore Rd

Bridgewater Rd

Fole ys Rd

Smith

StSh

eoke

R d

Dutto

nWay

Cape Nelson Rd Madeira Packet Rd

Oakle

ysRd

Portland - Nelson Rd

Quarry Rd

Doug

hertie

s Rd

Devi ls

Kit chen

Rd

New St

Henty

Hwy

Trewalla

Portland

Mildura

Kerang

SwanHill

Hamilton BallaratArarat

Warrnambool

Echuca

Bendigo

AlburyWangaratta

TraralgonMelbourne

GeelongLakesEntrance

CannRiver

Mansfield

Acknowledgement: VicMap Data Copyright © The State of Victoria, Department of Environment and Primary Industries 2014

Matter: 22024,Date: 11 April 2016,Checked by: IB, Drawn by: JMS, Last edited by: jshepherdLocation:P:\22000s\22024\Mapping\22024_FFA_F1_Locality

LegendStudy area

Scale 1:62,500 @ A4, GDA 1994 MGA Zone 54

0 630 1,260 1,890 2,520

MetresBiosis Pty LtdBallarat, Brisbane, Canberra, Melbourne, Newcastle, Sydney, Wangaratta & Wollongong

Figure 1: Location of the study area, Cape Nelson,Victoria

00

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2. Methods

2.1 Database review

In order to provide a context for the study area, information about flora and fauna from within 5 km of the study area (the ‘local area’) was obtained from relevant biodiversity databases. Records from the following databases were collated and reviewed:

Flora Information System (FIS) which includes records from the Victorian Biodiversity Atlas ‘VBA_FLORA25, FLORA100 & FLORA Restricted’ August 2015 © The State of Victoria, Department of Environment, Land, Water and Planning (DELWP).

Victorian Biodiversity Atlas ‘VBA_FAUNA25, FAUNA100 & FAUNA Restricted’ August 2015 © The State of Victoria

DELWP Biodiversity Interactive Map (BIM)

DELWP Habitat Importance Models

BirdLife Australia Atlas of Australian Birds (BA)

Protected Matters Search Tool of the Australian Government Department of the Environment for matters protected by the EPBC Act.

Other sources of biodiversity information were examined including:

Planning Scheme overlays relevant to biodiversity based on http://planningschemes.dpcd.vic.gov.au/schemes/glenelg

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2.2 Definitions of significance

The significance of a species or ecological community is determined by its listing status under Commonwealth or State legislation / policy (Table 1).

Table 1 Criteria for determining significance of species & ecological communities

Significance

National Listed as critically endangered, endangered or vulnerable under the EPBC Act

State Listed as critically endangered, endangered, vulnerable or rare in Victoria on a DELWP Advisory List (DSE 2013a; DEPI 2014a) Listed as threatened under the FFG Act

Lists of significant species generated from the databases are provided in Appendix 1 (flora) and Appendix 2 (fauna) and the species have been assessed to determine their likelihood of occurrence based on the process outlined below. These species are not discussed further in this report unless they:

have a medium or greater likelihood of occurrence

are species listed as threatened under the FFG Act with a medium or greater likelihood of occurrence

are identified as having habitat on the site by the Habitat Importance Modelling by DELWP.

2.3 Determining likelihood of occurrence of significant species

Likelihood of occurrence indicates the potential for a species or ecological community to occur regularly within the study area. It is based on expert opinion, information in relevant biodiversity databases and reports, and an assessment of the habitats on site. Likelihood of occurrence is ranked as negligible, low, medium, high or recorded. Those species for which there is little or no suitable habitat within the study area are assigned a likelihood of low or negligible and are not considered further.

Species which have at least medium likelihood of occurrence are given further consideration in this report. The need for targeted survey for these species is also considered.

2.4 Site investigation

2.4.1 Flora assessment

The flora assessment was undertaken on 4 April 2016 and a list of flora species was collected (S1456300). This list will be submitted to DELWP for incorporation into the Victorian Biodiversity Atlas. Planted species have not been recorded unless they are naturalised.

Native vegetation is defined in the Victoria Planning Provisions as 'plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses' (Clause 72).

The Guidelines classify native vegetation into two categories (DEPI 2013a):

A remnant patch of native vegetation (measured in hectares) is either:

– An area of native vegetation, with or without trees, where at least 25 percent of the total perennial understorey cover is native plants.

– An area with three or more indigenous canopy trees where the tree canopy cover is at least 20 percent.

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Remnant patch vegetation is classified into ecological vegetation classes (EVCs). An EVC contains one or more floristic (plant) communities, and represents a grouping of broadly similar environments. Definitions of EVCs and benchmarks (condition against which vegetation quality at the site can be compared) are determined by DELWP.

A scattered tree is defined as (extent measured by number of trees):

– An indigenous canopy tree that does not form part of a remnant patch of native vegetation.

A canopy tree is a mature tree that is greater than three metres in height and is normally found in the upper layer of a vegetation type. Ecological vegetation class descriptions provide a list of the typical canopy species. A condition score and extent is applied to each scattered tree based on information provided by DELWP's NVIM.

A Vegetation Quality Assessment was undertaken for all remnant patch native vegetation identified in the study area. This assessment is consistent with DELWP's Habitat hectare method (DSE 2004) and the Guidelines (DEPI 2013a). For the purposes of this assessment the limit of the resolution for the Habitat hectare assessment process is taken to be 0.001 Habitat hectares (Hha). That is, if native vegetation is present with sufficient cover but its condition and extent would not result in the identification of at least 0.001 Habitat hectares then that vegetation will not be mapped or assessed as a separate habitat zone.

Where relevant, notes were made on specific issues such as noxious weed infestations, evidence of management works, current grazing impacts and the regeneration capacity of the vegetation.

Species nomenclature for flora follows the Flora Information System (FIS).

2.4.2 Fauna assessment

The study area was investigated on 4 April 2016 to determine its values for fauna. These were determined primarily on the basis of the types and qualities of habitat(s) present. All species of fauna observed during the assessment were noted and active searching for fauna was undertaken. This included direct observation, searching under rocks and logs, examination of tracks and scats and identifying calls. Particular attention was given to searching for significant species and their habitats. Fauna species were recorded with a view to characterising the values of the site and the investigation was not intended to provide a comprehensive survey of all fauna that has potential to utilise the site over time.

2.4.3 Permits

Biosis undertakes flora and fauna assessments under the following permits and approvals:

Research Permit/Management Authorisation and Permit to Take Protected Flora & Protected Fish issued by DELWP under the Wildlife Act 1975, Flora and Fauna Guarantee Act 1988 and National Parks Act 1975 (Permit number 10007569).

Approvals 07.15 and 14.12 from the Wildlife and Small Institutions Animal Ethics Committee.

2.5 Qualifications

Ecological surveys provide a sampling of flora and fauna at a given time and season. There are a number of reasons why not all species will be detected at a site during survey, such as low abundance, patchy distribution, species dormancy, seasonal conditions, and migration and breeding behaviours. In many cases these factors do not present a significant limitation to assessing the overall biodiversity values of a site.

The current flora and fauna assessment was conducted in autumn, which is not an optimal time for survey due to the late stage of flowering making identification more difficult, particularly for annual plant species.

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However, the survey period was adequate to identify and characterise patches of native vegetation within the study area and there are no obvious limitations to the survey.

2.6 Legislation and policy

The implications for the project were assessed in relation to key biodiversity legislation and policy including:

Matters listed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), associated policy statements, significant impacts guidelines, listing advice and key threatening processes

Threatened taxa, communities and threatening processes listed under Section 10 of the Flora & Fauna Guarantee Act 1988 (FFG Act); associated action statements and listing advice

Permitted Clearing of native vegetation: Biodiversity assessment guidelines (DEPI 2013a)

Native Vegetation Management Plans prepared by Catchment Management Authorities

Planning and Environment Act 1987 – specifically Clauses 12.01-2, 52.17, 66.02 and Overlays in the Glenelg Planning Scheme

Noxious weeds and pest animals lists under the Catchment and Land Protection Act 1994 (CaLP Act)

2.7 Mapping

Davis Advisory supplied site plans.

Mapping was conducted using hand-held (uncorrected) GPS units (WGS84) and aerial photo interpretation. The accuracy of this mapping is therefore subject to the accuracy of the GPS units (generally ± 7 metres) and dependent on the limitations of aerial photo rectification and registration.

Mapping has been produced using a Geographic Information System (GIS). Electronic GIS files which contain our flora and fauna spatial data are available to incorporate into design concept plans. However this mapping may not be sufficiently precise for detailed design purposes.

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© Biosis 2016 – Leaders in Ecology and Heritage Consulting 7

3. Results

The ecological features of the study area are described below and mapped in Figure 2.

Species recorded during the flora and fauna assessment are listed in Appendix 1 (flora) and Appendix 2 (fauna). Unless of particular note, these species are not discussed further.

Those species recorded or predicted to occur in the local area is also provided in those appendices, along with an assessment of the likelihood of the species occurring within the study area.

3.1 Vegetation & fauna habitat

The majority of the study area has been highly modified due to agricultural practices and quarry activities. Most of the study area has been significantly degraded and supports predominantly introduced vegetation that is of limited value for native fauna.

Notwithstanding the above, the study area supports ecological features including areas of native vegetation and a modified natural dam. These features are described further in Table 2 and mapped in Figure 2.

Photos are provided in Appendix 3.

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Table 2 Summary of vegetation and habitat types within the study area

Vegetation or habitat type

Description Location Significant values

Coastal mallee scrub EVC 665

Four small areas within the study area have been fenced off and contain native vegetation. These areas represent relatively degraded forms of coastal mallee scrub vegetation dominated by native shrubs: Coast Wattle Acacia longifolia subsp. sophorae, Seaberry Saltbush Rhagodia candolleana subsp. candolleana and large Kangaroo Apple Solanum laciniatum. These areas also contain high threat weedy shrub species: African Boneseed Chrysanthemoides monilifera subsp. monilifera, Flax-leaf Broom Genista linifolia.The understorey is mostly dominated by introduced grasses such as Kikuyu Cenchrus clandestinus. Only the largest patch in the north-eastern corner of the study area contained a low eucalypt overstorey of Brown Stringybark Eucalyptus baxteri s.l.

Four separate areas along the eastern boundary of the study area (Figure 2).

The vegetation is a low quality form of the vegetation type and therefore has relatively little floristic biodiversity value, however the areas may be colonised over time by native species in the nearby remnant vegetation along the coast. These remnants provide suitable habitat for a number of species including some significant species discussed in Table 3 and Appendix 2. These patches are unlikely to support resident populations due to disturbance, their small size, linearity and high edge to area ratio.

Pasture: predominantly introduced vegetation

The vast majority of the study area is dominated by introduced grasses, e.g. Kikuyu, Yorkshire Fog Holcus lanatus, Couch Cynodon dactylon var. dactylon, Perennial Rye-grass Lolium perenne, Paspalum Paspalum dilitatum and Rat-tail Grass Sporobolus africanus. These areas are maintained by regular livestock grazing.

Majority of the study area.

This vegetation, while grazed, has little biodiversity value.

Native vegetation regrowth

Large areas of the site contain recruiting Bracken fern Pteridium esculentum. This species is a common recruit into disturbed land within the local area. Other areas have been colonised by native species such as Knobby Club-sedge Ficinia nodosa in wetter grassy areas and Coast Wattle on the quarry spoil.

Throughout the study area.

This vegetation, while grazed, has little biodiversity value.

Dam The small dam has negligible aquatic vegetation and is bordered by introduces grasses and herbs. Although small, it is likely to be a relatively permanent water feature within the study area.

The northern part of the study area (Figure 2).

A number of waterbird species may use this dam.

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3.2 Landscape context

The study area is largely cleared of native vegetation and habitat. The predominant land use appears to have been agricultural for many years, with some limestone quarrying and more recently development of a wind energy facility. The site is bounded to the east by native coastal vegetation within the Discovery Bay Coastal Park, to the south and north by further agricultural clearing and wind energy development and to the west by Cape Nelson Road. Much of the remnant coastal vegetation and habitats have been removed from Cape Nelson, with scattered remnant patches and degraded areas remaining on private land, with the majority of remaining native vegetation contained within the coastal reserve system. The majority of the study area makes little contribution to the broader ecological landscape, with the exception of three existing linear shelter belts that contain remnants of coastal mallee scrub EVC and a large sandy depression that also supports this EVC (Figure 2, Appendix 3 Plate 2). The linear shelterbelts are relatively disturbed, particularly the ground layer, in comparison to the larger remnant, which has a more intact core habitat structure with some mature eucalypts and other shrubs.

3.3 Significant species and ecological communities

3.3.1 EPBC Act and FFG Act listed species

Lists of EPBC Act and FFG Act listed species recorded or predicted to occur within 5 km of the study area or from the relevant catchment (aquatic species) are provided in Appendix 1 (flora) and Appendix 2 (fauna). An assessment of the likelihood of these species occurring in the study area and an indication of where within the site (i.e. which habitats or features of relevance to the species) is included. A summary of those species recorded or with a medium or higher likelihood of occurring in the study area is provided in Table 3.

Table 3 Summary of EPBC and FFG Act listed species most likely to occur in the study area

Species name Listing status Area of value within the study area

Rufous Bristlebird and Rufous Bristlebird (Coorong subsp.)

Listed under FFG Act Previous records and suitable habitat in adjacent coastal reserve. Remaining habitat patches in study area are highly disturbed.

Magpie Goose Listed under FFG Act Suitable habitat in low lying paddocks and dam.

Eastern Great Egret Listed under FFG Act Suitable habitat in low lying paddocks.

Intermediate Egret Listed under FFG Act Suitable habitat in low lying paddocks.

Little Egret Listed under FFG Act Suitable habitat in low lying paddocks.

3.3.2 Significant ecological communities

Flora and fauna within the study area do not constitute any listed ecological community.

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Murrells Beach Rd

Murrells Beach Trk

Cap e

Nel so

n Rd

Norm

anWa

deSc

enic

Dr

Picnic Hill

Nelson Bay0 80 160 240 320 400

Metres

LegendStudy areaParcel boundaryDamCoastal Mallee Scrub EVC 665.

Matter: 22024, Date: 11 April 2016, Checked by: IB, Drawn by: JMS, Last edited by: jshepherdLocation:P:\22000s\22024\Mapping\22024_ffa_F2_EcoFeatures

Biosis Pty LtdBallarat, Brisbane, Canberra, Melbourne,

Newcastle, Sydney, Wangaratta & Wollongong

Portland

Scale: 1:8,000 @ A3

Figure 2: Location of studyarea, including registeredVAHR places and areas of CHS

Coordinate System: GDA 1994 MGA Zone 55

Acknowledgements: VicMap data © State of Victoria 00

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4. Biodiversity legislation and government policy

This section provides an assessment of the project in relation to key biodiversity legislation and government policy. This section does not describe the legislation and policy in detail. Where available, links to further information are provided.

4.1 Commonwealth

4.1.1 Environment Protection and Biodiversity Conservation Act 1999

The EPBC Act applies to developments and associated activities that have the potential to significantly impact on Matters of National Environmental Significance (NES) protected under the Act.

Link for further information including a guide to the referral process is available at: http://www.environment.gov.au/epbc/index.html

Matters of National Environmental Significance relevant to the project are summarised in Table 4. It includes an assessment against the EPBC Act policy statements published by the Australian Government which provide guidance on the practical application of EPBC Act.

Table 4 Assessment of project in relation to the EPBC Act

Matter of NES Project specifics Assessment against significant impact guidelines

Threatened species and ecological communities

Seven flora and 20 fauna species have been recorded or predicted to occur in the project search area. The likelihood of these species occurring in the study area is assessed in Appendix 1 (flora) and Appendix 2 (fauna).

None of these species are likely to occur and development is unlikely to constitute a significant impact.

Migratory species 24 migratory species have been recorded or predicted to occur in the project search area (Appendix 2).

While some of these species would be expected to use the study area on occasions, and some of them may do so regularly or may be resident, it does not provide important habitat for an ecologically significant proportion of any of these species.

Wetlands of international importance (Ramsar sites).

The study area is not identified as being within the catchment of any Ramsar sites.

The study area does not drain into a Ramsar site and the development is not likely to result in a significant impact.

On the basis of criteria outlined in the relevant Significant Impact Guidelines it is considered unlikely that a significant impact on a Matter of National Environmental Significance would result from the proposed action. However, Davis Advisory may choose to refer the proposed action to the Australian Government Minister for the Environment to determine whether the action requires approval under the EPBC Act.

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4.2 State

4.2.1 Flora and Fauna Guarantee Act 1988 (FFG Act)

The FFG Act is the key piece of Victorian legislation for the conservation of threatened species and communities and for the management of potentially threatening processes. Under the FFG Act a permit is required from DELWP to 'take' protected flora species from public land. A permit is generally not required for removal of protected flora from private land. Authorisation under the FFG Act is required to collect, kill, injure or disturb listed fish.

Link for further information: http://www.depi.vic.gov.au/environment-and-wildlife/threatened-species-and-communities/flora-and-fauna-guarantee-act-1988

Native vegetation on site is not a listed community, and contains no protected or listed threatened flora species or habitat for them (Appendix 1).

The land is privately owned, is not declared ‘critical habitat’ for the purposes of the FFG Act and the flora species are not being taken for the purpose of commercial sale. Therefore a protected flora permit is not required, however the presence of rare or threatened flora and habitat for threatened fauna will be considered by the Responsible Authority in determining its response to an application for vegetation clearance under Clause 52.17 (see below).

4.2.2 Catchment and Land Protection Act 1994 (CaLP Act)

The CaLP Act identifies and classifies certain species as noxious weeds or pest animals, and provides a system of controls on noxious species.

Declared noxious weeds identified in the study area are listed in Appendix 1.

The proponent must take all reasonable steps to eradicate regionally prohibited weeds, prevent the growth and spread of regionally controlled weeds, and prevent the spread of and as far as possible eradicate established pest animals. The State is responsible for eradicating State prohibited weeds from all land in Victoria.

Link for further information: http://www.depi.vic.gov.au/agriculture-and-food/pests-diseases-and-weeds/protecting-victoria-from-pest-animals-and-weeds/legislation-policy-and-permits/legislation

4.2.3 Planning and Environment Act 1987 (incl. Planning Schemes)

The Planning and Environment Act 1987 controls the planning and development of land in Victoria, and provides for the development of planning schemes for all municipalities.

Reforms to the native vegetation permitted clearing regulations were gazetted on 20 December 2013 through planning scheme amendment VC105. The reforms made changes to the Victoria Planning Provisions including the State Planning Policy Framework (SPPF), Clause 52.16 and 52.17 of all planning scheme within Victoria and introduced the Permitted clearing of native vegetation: Biodiversity Assessment Guidelines (DEPI 2013a).

Clause 52.17 (Native Vegetation) requires a planning permit to remove, destroy or lop native vegetation including some dead native vegetation. However exemptions identified in Clause 52.17-7 apply to the proposed development. It should be noted that where native vegetation does not meet the definition of a remnant patch or scattered trees, as described in Section 3.1, the Guidelines do not apply. However, a permit may still be required to remove, destroy or lop native vegetation under the provisions of the Scheme.

The areas of the study area that contain remnant patches are not going to be impacted by the proposal as they are already fenced off from stock. There is native shrub and understorey regrowth less than 10 years old

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and regrowth Bracken on the site, however they are exempt from needing a planning permit for their removal if it was required. The table of exemptions within Clause 52.17 contains an exemption for regrowth that is Bracken or is less then 10 year old.

The table of exemptions also allows the grazing of native vegetation by domestic stock without the need for a planning permit.

The need for a permit to remove native vegetation may also be triggered by overlays within the Glenelg Planning Scheme. The study area is covered by two overlays both of which trigger the need to remove, destroy or lop vegetation. These overlays are the:

Environmental Significance Overlay schedule 1 (ESO1) Coastal Areas

Under the ESO1 a planning permit is required to remove, destroy or lop any vegetation. This does not apply to the removal of Bracken which has naturally established or regenerated. The ESO1 does not contain any permit exemptions for grazing or regrowth that is less then 10 years old.

Any permit application submitted will need to address the requirements and environmental objective of the ESO1. The environmental objectives to be achieved are:

To ensure the long term protection of coastal and marine ecosystems.

To prevent inappropriate development in coastal areas that is likely to prejudice the long term environmental values of the coast.

Significant Landscape Overlay schedule 3 (SLO3) Cape Bridgewater and Cape Nelson

Under the SLO3 a planning permit is required to remove, destroy or lop any vegetation. This does not apply to the removal of Bracken which has naturally established or regenerated. The SLO3s does not contain any permit exemptions for grazing or regrowth that is less then 10 years old.

Any permit application submitted will need to address the requirements and environmental objective of the SLO1. The landscape character objectives to be achieved are:

To protect and enhance the coverage of indigenous coastal vegetation to ensure that it is a

dominant feature of the landscape.

To protect cultural vegetation patterns throughout the rural hinterland.

To protect locally significant views and vistas which contribute to the character of the landscape.

To retain the dominant natural landscape character and sense of isolation at the coastal cliffs and edges and the clear views to the ocean.

To minimise visual clutter of the hinterland landscape with built development to retain open spaces that provide views to the coast, capes and hinterland.

To retain natural landforms and indigenous vegetation as an essential component of the character of the rural hinterland.

To preserve an appropriate landscape setting for features of cultural or heritage significance, including the Cape Nelson Lighthouse Station.

To recognise that the wind turbine towers on the capes do not set the scale for other forms of development.

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A planning report has been prepared for the proposed amendment and includes a discussion of the relevant overlays, local and state planning provisions and implications (Pierrepoint Planning Sept 2015).

Victoria's Biodiversity Assessment Guidelines

The Guidelines are incorporated into the Victoria Planning Provisions and all planning schemes in Victoria (DEPI 2013a). The Guidelines replace Victoria's Native Vegetation Management – A Framework for Action.

The purpose of the Guidelines is to guide how impacts to biodiversity should be considered when assessing a permit application to remove, destroy or lop native vegetation. The objective for permitted clearing of native vegetation in Victoria is 'No net loss in the contribution made by native vegetation to Victoria's biodiversity'.

A detailed assessment of the implications for the project under the Guidelines is provided in Section 5 of this report.

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5. Victoria's biodiversity assessment guidelines

The Guidelines were introduced in December 2013, and they describe the following objective for permitted clearing of native vegetation in Victoria:

"No net loss in the contribution made by native vegetation to Victoria's biodiversity"

This objective is to be achieved through Victoria's planning system using a risk-based approach that relies on strategic planning and the permit and offset system. The key strategies for achieving no net loss at the permit level are:

avoiding the removal of native vegetation that makes a significant contribution to Victoria's biodiversity

minimising impacts to Victoria's biodiversity from the removal of native vegetation

where native vegetation is permitted to be removed, ensuring it is offset in a manner that makes a contribution to Victoria's biodiversity that is equivalent to the contribution made by the native vegetation to be removed.

DELWP has provided biodiversity information tools to assist with determining the risk associated with permitted clearing and the contribution that native vegetation within the study area makes to Victoria's biodiversity.

All planning permit applications to remove native vegetation are assigned to a risk-based pathway determined by the extent and location of proposed clearing. The risk-based pathway will dictate the information to be provided in a planning permit application and the decisions guidelines the responsible authority (e.g. Council) and/or DELWP as a referral authority will use to assess the permit application.

The biodiversity information tools have two components:

Site-based information

The site-based information is observable at a particular site. Biosis has collected the requisite site-based information for the assessment against the Guidelines. Based on this assessment, the only native vegetation to be removed as part of the proposed works is exempt from offset obligations and therefore no data was required to be submitted to DELWP for assessment.

Landscape scale information

Landscape scale information requires consideration of information beyond the site. This information is managed by DELWP and can be accessed via the NVIM.

Note: a glossary of terms used in relation to the Guidelines and Habitat hectares assessment is provided in Appendix 4.

5.1 Proposed removal of native vegetation

Based on the field assessment conducted by Biosis, there were no native remnant vegetation patches or scattered trees to be removed or directly impacted upon as a result of the proposed development. Regrowth native vegetation that is less then 10 years old, including Bracken throughout the study area is exempt from requiring a permit for removal under the Glenelg Planning Scheme. Other scattered native vegetation that

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does not meet the definition of a remnant patch or scattered tree is also exempt from needing a planning permit if the land is being grazed by domestic stock animals.

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6. Key ecological values and recommendations

This section identifies the key ecological features of the study area, provides an outline of potential implications of proposed development on those values and includes recommendations to assist Davis Advisory to design the development to minimise impacts on biodiversity.

The primary measure to reduce impacts to biodiversity values within the study area is to minimise removal of native vegetation and terrestrial and aquatic habitat. It is critical that this be considered during the design phase of the project, when key decisions are made about the location of roads, services, and areas for other uses. The results of this assessment should therefore be incorporated into the project design, by adding the flora and fauna mapping information into the planning maps and investigating options to retain as much of the mapped vegetation/habitats as possible. Priority should be given to highest value areas and retaining larger areas in preference to numerous smaller ones.

The current site plan does not propose to impact on any areas of native vegetation. It is proposed to continue to retain the existing fenced shelter belts/coastal mallee scrub EVC and single larger fenced patch of coastal mallee scrub EVC within the proposed development.

All areas of vegetation/habitat nominated as 'retained' are to be treated as no-go zones and are not to be encroached upon as development progresses. This includes the native vegetation areas currently fenced off, but also any additional areas of regrowth that may be fenced or protected in the future.

The addition of a Native Vegetation Plan, Weed Management Plan and Pest Animal Management Plan will augment the implementation of an Environment Management Plan and include measures to reduce all aspects of potential deleterious impacts to biodiversity.

Construction and post-construction management

Specific detail relating to preventing impacts to retained native vegetation and habitat should be addressed in a site-specific Environmental Management Plan. This will include issues relating to contractors such as environmental inductions, installation of temporary fencing/signage, drainage and sediment control. An EMP should also address weed management and pest animal management.

A Native Vegetation Plan should be prepared by an ecological consultant to provide detailed advice on the ongoing protection and long-term management of retained vegetation/ habitat, creation of linkages and other habitat features, if proposed.

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References

DEPI 2013a. Permitted clearing of native vegetation - Biodiversity assessment guidelines. Victorian Government Department of Environment and Primary Industries, Melbourne (September 2013).

DEPI 2013b. Native vegetation gain scoring manual, version 1. Victorian Government Department of Environment and Primary Industries, Melbourne (May 2013).

DEPI 2014a. Advisory List of Rare or Threatened Plants in Victoria – 2014. Victorian Government Department of Environment & Primary Industries, East Melbourne.

DEPI 2014b. Permitted clearing of native vegetation – Biodiversity assessment handbook. Version 0.2. Victorian Government Department of Environment and Primary Industries, Melbourne (January 2014).

DNRE 2002. Victoria's Native Vegetation Management: A Framework for Action. Victorian Government Department of Natural Resources & Environment, East Melbourne.

DSE 2004. Native Vegetation: Sustaining a living landscape. Vegetation Quality Assessment Manual – Guidelines for applying the Habitat hectares scoring method. Version 1.3. Victorian Government Department of Sustainability & Environment, Melbourne.

DSE 2013. Advisory List of Threatened Vertebrate Fauna in Victoria – 2013. Victorian Government Department of Environment & Primary Industries, Melbourne.

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

DSE 2010. Victorian Biodiversity Atlas ‘VBA_FAUNA25, FAUNA100 & FAUNARestricted, FLORA25, FLORA100 & FLORARestricted’ August 2010 © The State of Victoria. Victorian Government Department of Sustainability & Environment, Melbourne.

DEWHA 2009d. Significant impact guidelines for 36 migratory shorebird species: Migratory species. Draft EPBC Act policy statement 3.21. Australian Government Department of the Environment, Water, Heritage & the Arts, Canberra.

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Appendices

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Appendix 1 Flora

Notes to tables:

EPBC Act: CR - Critically Endangered EN - Endangered VU - Vulnerable PMST – Protected Matters Search Tool

DEPI 2014a: e - endangered v - vulnerable r - rare

FFG Act: L - listed as threatened under FFG Act P - protected under the FFG Act (public land only)

Noxious weed status: SP - State prohibited species RP - Regionally prohibited species RC - Regionally controlled species RR - Regionally restricted species

# - Native species outside natural range

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A1.1 Flora species recorded from the study area

Table A1.1. Flora species recorded from the study area.

Status Scientific Name Common Name Indigenous species

#, P Acacia longifolia subsp. sophorae Coast Wattle

Acaena spp. Sheep's Burr

Clematis microphylla s.l. Small-leaved Clematis

Dichondra repens Kidney-weed

Eucalyptus baxteri s.l. Brown Stringybark

Ficinia nodosa Knobby Club-sedge

Geranium solanderi s.l. Austral Crane's-bill

Lepidosperma gladiatum Coast Sword-sedge

# Leptospermum laevigatum Coast Tea-tree

Leptospermum lanigerum Woolly Tea-tree

Malva spp. Mallow

Poa spp. Tussock Grass

Pteridium esculentum Austral Bracken

Rhagodia candolleana subsp. candolleana Seaberry Saltbush

Rytidosperma racemosum var. racemosum Slender Wallaby-grass

Solanum laciniatum Large Kangaroo Apple

Tetragonia implexicoma Bower Spinach

Introduced species

Acetosella vulgaris Sheep Sorrel

Anthoxanthum odoratum Sweet Vernal-grass

Arctotheca calendula Cape Weed

Avena spp. Oat

Brassica rapa White Turnip

Bromus catharticus Prairie Grass

Bromus diandrus Great Brome

Cenchrus clandestinus Kikuyu

Chenopodium album Fat Hen

RC Chrysanthemoides monilifera subsp. monilifera African Boneseed

RC Cirsium arvense Perennial Thistle

RR Cirsium vulgare Spear Thistle

Cucumis myriocarpus subsp. leptodermis Paddy Melon

Cynodon dactylon var. dactylon Couch

RR Genista linifolia Flax-leaf Broom

Holcus lanatus Yorkshire Fog

Hypochaeris radicata Flatweed

Lagurus ovatus Hare's-tail Grass

Lolium perenne Perennial Rye-grass

RC Lycium ferocissimum African Box-thorn

Medicago polymorpha Burr Medic

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Status Scientific Name Common Name Paspalum dilatatum Paspalum

Paspalum distichum Water Couch

Phalaris aquatica Toowoomba Canary-grass

Plantago coronopus Buck's-horn Plantain

Polygonum aviculare s.l. Prostrate Knotweed

Rumex crispus Curled Dock

RR Solanum linnaeanum Apple of Sodom

Solanum nigrum s.s. Black Nightshade

Sonchus asper s.l. Rough Sow-thistle

Sonchus oleraceus Common Sow-thistle

Sporobolus africanus Rat-tail Grass

Taraxacum officinale spp. agg. Garden Dandelion

Trifolium repens var. repens White Clover

RC Ulex europaeus Gorse

Urtica urens Small Nettle

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A1.2 Listed flora species The following table includes the listed flora species that have potential to occur within the study area. The list of species is sourced from the Victorian Flora Information System and the Protected Matters Search Tool (DoE; accessed on 31.03.16).

Table A1.2. Listed flora species recorded / predicted to occur within 5 km of the study area.

Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking EPBC VIC FFG

National significance Caladenia hastata Mellblom's

Spider-orchid EN e L - Dense coastal heath

and heathy woodlands, commonly on the margins of swampy depressions.

Negligible Unsuitable habitat within the study area

Glycine latrobeana Clover Glycine VU v L - Grasslands and grassy woodlands, particularly those dominated by Themeda triandra.

Negligible Unsuitable habitat within the study area

Ixodia achillaeoides subsp. arenicola

Coast Ixodia VU v 1990 PMST Low coastal Shrublands on exposed limestone headlands, often on steeply sloped sites.

Low Unsuitable habitat within the study area

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking EPBC VIC FFG

Muehlenbeckia australis Climbing Lignum EN 2004 Primarily coastal environments behind dunes, on clifftops and the margins of coastal swamps; disjunct records occur at Mt Arapiles and the Grampians.

Low Highly unlikely to have withstood extensive grazing pressure but may recruit to fenced areas over time if occur in local area

Prasophyllum frenchii Maroon Leek-orchid

EN e L - Grassland and grassy woodland environments on sandy or black clay loam soils, that are generally damp but well drained.

Negligible Highly unlikely to have withstood extensive grazing pressure

Pterostylis cucullata Leafy Greenhood

VU v L 1952 PMST Coastal and inland subspecies have differing habitat characteristics.

Negligible Highly unlikely to have withstood extensive grazing pressure

Taraxacum cygnorum Coast Dandelion VU e L - Confined to woodlands and scrub on calcerous soils.

Low Highly unlikely to have withstood previous land use

State significance Acrotriche cordata Coast Ground-

berry r 2004 Limestone-derived

soils, often near coastal or riparian cliffs in coastal scrub, mallee or woodland

Low Highly unlikely to have withstood previous land use

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking EPBC VIC FFG

Baumea laxa Lax Twig-sedge r 1980 Wet sandy areas in heathlands and heathy swamps

Negligible Unsuitable habitat within the study area

Cardamine papillata Forest Bitter-cress

r 2004 Hilly or mountainous forest areas.

Negligible Unsuitable habitat within the study area

Colobanthus apetalus Coast Colobanth r 1980 Coastal areas, typically on sheltered dune slopes or in swales.

Negligible Unsuitable habitat within the study area

Correa alba var. pannosa Velvet White Correa

r 1980 Calcareous sands and coastal cliffs; likely to be extinct from the Port Phillip region.

Low Highly unlikely to have withstood previous land use

Eucalyptus diversifolia subsp. megacarpa

Coast Gum v 2004 Low Conspicuous and not observed

Exocarpos syrticola Coast Ballart r 2004 Calcerous sands of coastal dunes and cliffs. Semi-parasitic on the roots of nearby plants.

Low Unsuitable habitat within the study area

Galium compactum Compact Bedstraw

r 1980 Sandy soils of coastal and near-coastal environments.

Negligible Unsuitable habitat within the study area

Galium curvihirtum Tight Bedstraw r 1980 Moist, shaded sites in open-forest and woodland.

Low Highly unlikely to have withstood previous land use

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking EPBC VIC FFG

Haloragis eichleri Eichler's Raspwort

v 1980 Confined to Portland area where it is known from a single collection.

Low Highly unlikely to have withstood previous land use

Heterozostera tasmanica Tasman Grass-wrack

r 1952 Locally common in shallow waters to a depth of c. 8m in sandy soil

Negligible Unsuitable habitat within the study area

Hibbertia pallidiflora Pale Guinea-flower

r 1989 Coastal heath and mallee vegetation in SW Victoria

Low Highly unlikely to have withstood previous land use

Lasiopetalum schulzenii Drooping Velvet-bush

r 1999 Confined to clifftop and dune woodland and heathland, favouring sandy soils derived from limestone

Negligible Unsuitable habitat within the study area

Lepidosperma canescens Hoary Rapier-sedge

r 1999 Sandy heaths and woodland.

Negligible Unsuitable habitat within the study area

Logania ovata Oval-leaf Logania

r 1999 Woodlands on rocky, calcareous soils, often near coast but not on beach sands.

Low Highly unlikely to have withstood previous land use

Orthrosanthus multiflorus Morning Flag r 1980 Heathland communities

Negligible Highly unlikely to have withstood previous land use

Poa billardierei Coast Fescue r 1980 Coastal dunes Negligible Unsuitable habitat within

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking EPBC VIC FFG

the study area Prasophyllum litorale Coastal Leek-

orchid v L 1983 Coastal scrub and

heath on sandhills or headlands, in sand over moisture-retentive clays.

Negligible Unsuitable habitat within the study area

Pterostylis dolichochila Long-tongue Shell-orchid

r 1992 Often growing under Mallee-scrub or Callitris gracilis/Eucalyptus leucoxylonwoodland, on well-drained sandy soil

Negligible Highly unlikely to have withstood previous land use

Pterostylis sp. aff. dolichochila (Portland)

Portland Shell-orchid

e L 2006 Often growing under Mallee-scrub or Callitris gracilis/Eucalyptus leucoxylonwoodland, on well-drained sandy soil

Negligible Highly unlikely to have withstood previous land use

Pultenaea canaliculata Coast Bush-pea r 1999 Coastal dunes and limestone cliffs.

Negligible Unsuitable habitat within the study area

Pultenaea prolifera Otway Bush-pea r 1980 Restricted to eastern Victoria in dry or moist forests.

Low Uncommon within the local area

Schoenus deformis Small Bog-sedge v 1980 Coastal mallee on sandy soils near Cape Nelson

Low Highly unlikely to have withstood previous land use

Senecio X orarius Coast Fireweed r 1990 Coastal areas on rear dunes and swales.

Low Unsuitable habitat within the study area

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking EPBC VIC FFG

Veronica hillebrandii Coast Speedwell v 1952 Rare in Victoria, confined to coastal shrubland, in sand over dune limestone

Low No recent records within the local area

Viola seppeltiana Tiny Violet r 1995 Lowland heaths, and alpine heathlands and grassland.

Low Unsuitable habitat within the study area

Zygophyllum billardierei Coast Twin-leaf r 1983 Dunes and limestone cliffs in scrubby vegetation

Negligible Unsuitable habitat within the study area

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Appendix 2 Fauna

Notes to tables:

EPBC Act:

EX - Extinct CR - Critically Endangered EN - Endangered VU - Vulnerable CD - Conservation dependent

DSE 2013:

ex - extinct cr - critically endangered en - endangered vu - vulnerable nt - near threatened dd - data deficient rx - regionally extinct

FFG Act:

L - listed as threatened under FFG Act

N - nominated for listing as threatened

I - determined ineligible for listing

PS - pest species listed under the CaLP Act * - introduced species

Most recent database records are from the Victorian Biodiversity Atlas unless otherwise specified as follows

# – Protected Matters Search Tool

BA – Birds Australia

Fauna species in these tables are listed in alphabetical order within their taxonomic group.

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A2.1 Fauna species recorded from the study area

Table A2.1. Vertebrate fauna recorded from the study area

Scientific name Common name Ocyphaps lophotes Crested Pigeon Threskiornis molucca Australian White Ibis Egretta novaehollandiae White-faced Heron Tadorna tadornoides Australian Shelduck Anas superciliosa Pacific Black Duck Falco cenchroides Nankeen Kestrel Petrochelidon neoxena Welcome Swallow Rhipidura leucophrys Willie Wagtail Colluricincla harmonica Grey Shrike-thrush Grallina cyanoleuca Magpie-lark Acanthiza pusilla Brown Thornbill Malurus cyaneus Superb Fairy-wren Zosterops lateralis Silvereye Gymnorhina tibicen Australian Magpie Pardalotus striatus Striated Pardalote Sturnus vulgaris Common Starling Corvus spp. Raven

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A2.2 Listed fauna species The following table includes a list of the listed fauna species that have potential to occur within the study area. The list of species is sourced from the Victorian Biodiversity Atlas and the Protected Matters Search Tool (DoE; accessed on 31.03.16).

Table A2.2. Listed fauna species recorded, or predicted to occur, within 5 km of the study area.

Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Mammals Isoodon obesulus obesulus

Southern Brown Bandicoot

EN nt L 2010 PMST Typically occurs in heathland, shrubland, heathy forest and woodland habitat across southern Victoria. Previously recorded on the outskirts of Stawell and also known from within the Grampians National Park.

Low Previous records and suitable habitat in adjacent coastal reserve. Remaining habitat patches in study area highly disturbed.

Potorous tridactylus tridactylus

Long-nosed Potoroo VU en L - PMST Six populations of Long-nosed Potoroo occur in Victoria within a range of habitats from open forests to heathy woodlands. The majority of their habitat are dominated by Eucalypts.

Low Previous records and suitable habitat in adjacent coastal reserve. Remaining habitat patches in study area highly disturbed.

Pteropus poliocephalus

Grey-headed Flying-fox

VU vu L - PMST Utilises a wide range of habitats from lowland rainforest in East Gippsland and coastal Stringybark forests to agricultural land and suburban gardens, with permanently established colonies in Melbourne, Geelong and Mallacoota.

Negligible No habitat

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Miniopterus schreibersii bassanii

Southern Bent-wing Bat

CR cr L - PMST A range of open forests in relatively high rainfall areas. The species has a requirement for caves (or similar human-built structures such as mineshafts) for roosting, mating and raising young. Some caves may hold many thousands of animals from a wide catchment area.

Likely Known from cave roosts at nearby Bats Ridge Wildlife Reserve and from sea caves in the Portland coastline. Likely to fly over the study area, but no roost habitat likely to be impacted by proposed land use.

Pseudomys fumeus Smoky Mouse EN cr L - PMST Disjunct Victorian distribution with populations in the Snowfields, Eastern Highlands, East Gippsland, Otway Range and the Grampians. Recorded from a variety of vegetation communities ranging form coastal heath and heathy woodland in East Gippsland to subalpine heath and dry forest. The understorey vegetation is typically dominated by heathy shrubs, with seeds and berries providing an important food resource.

Low No previous records nearby. Suitable habitat in adjacent coastal reserve. Remaining habitat patches in study area highly disturbed.

Pseudomys shortridgei

Heath Mouse VU nt L - PMST Inhabits cool-temperate heathlands and forest with a heathy understorey, recorded extensively throughout the Grampians and the southern half of the Wannon region, south of Dergholm and the west of Mt Clay. Readily exploits suitable areas that have recently been burnt, with populations declining as the heathland ages and

Low Previous records and suitable habitat in adjacent coastal reserve. Remaining habitat patches in study area highly disturbed.

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG regeneration slows down.

Neophoca cinerea Australian Sea Lion VU 1984 Marine habitat is the continental sea off south-western and southern Australia, with the few Victorian records found west of Peterborough.

Negligible No suitable habitat

Arctocephalus tropicalis

Subantarctic Fur Seal

VU 2000 Widely distributed in the Southern Ocean, records on Victoria's central coast are thought to be part of an influx of stranded individuals in southern Australia since 1986.

Negligible No suitable habitat

Birds Pedionomus torquatus

Plains-wanderer CR cr L - PMST The Plains-wanderer is a small ground-dwelling bird that occupies high quality native grassland with a sparse, open structure. Due to a range of threatening processes, the species has declined markedly across most of its range. Populations are now patchily distributed throughout south-west Queensland, the Riverina district of NSW and north-central Victoria.

Negligible No suitable habitat

Geopelia cuneata Diamond Dove nt L 1941 Is found in small flocks in grassy woodlands, semi-arid grasslands, spinifex and dry scrub areas. The species is rarely found far from water and is also known to inhabit open riparian woodlands.

Negligible No suitable habitat

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Lewinia pectoralis Lewin's Rail vu L 1979 Inhabits densely vegetated

wetlands, including swamps, farm dams, saltmarshes, lakes and small pools that can range from fresh to saline water. May also use riverine forest.

Negligible No suitable habitat

Thalassarche cauta Shy Albatross EN vu L 2014 The Shy Albatross is a marine pelagic species inhabiting sub-Antarctic and subtropical waters, spending the majority of their time at sea. Occasionally it is observed in continental shelf waters in bays and harbours.

Negligible No suitable habitat

Hydroprogne caspia Caspian Tern nt L 1980 Occurs on exposed ocean beaches or in sheltered coastal embayments including harbours, lagoons, inlets, estuaries and river deltas usually with sandy or muddy margins and breeds in a variety of coastal habitats including banks, ridges and beaches of sand and shell, often in open or among low or sparse vegetation.

Negligible No suitable habitat

Sternula albifrons Little Tern vu L - PMST This bird is mostly recorded in sheltered coastal environments, including bays, lagoons and estuaries. Nests on sandy substrates containing much shell-grit, which provides good camouflage for their eggs.

Negligible No suitable habitat

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Sternula nereis Fairy Tern VU en L - PMST Fairy Terns inhabit coastal

environments including intertidal mudflats, sand flats and beaches. Nests above high-water mark on sandy shell-grit beaches.

Negligible No suitable habitat

Thinornis rubricollis Hooded Plover VU vu L 1981 PMST In south-east Australia, prefers sandy ocean beaches, especially those that are broad and flat, with a wide beach zone for feeding. Prefer beachcast seaweed for feeding activities and sparsely vegetated back dunes for shelter and nesting.

Negligible No suitable habitat

Rostratula australis Australian Painted Snipe

EN cr L - PMST Generally found in shallow, terrestrial freshwater wetlands with rank, emergent tussocks of grass, sedges and rushes. Australian Painted Snipe can occur in well vegetated lakes, swamps, inundated pasture, saltmarsh and dams.

Negligible No suitable habitat

Burhinus grallarius Bush Stone-curlew en L 1966 This species generally occurs in open woodland habitats, including mallee and mulga, which have a sparse layer of small shrubs, grass and litter. The species is mostly restricted to low rainfall areas in the north central and western regions of Victoria.

Negligible Extinct in region

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Grus rubicunda Brolga vu L 2010 Prefers shallow marshland areas,

usually less than 50 cm deep with emergent vegetation. Most commonly found in south-west Victoria, the Northern Plains and associated parts of the Murray River. Feeds predominantly on wetland plants, but also forages in crops and pasture.

Negligible No suitable habitat

Egretta garzetta Little Egret en L 1979 Occupies a wide range of wetlands and typically prefers the shallows of wetlands for foraging activities. Occasionally they will forage in small waterways or wet grassland areas.

Medium Suitable habitat in low lying paddocks

Ardea intermedia Intermediate Egret cr L 1980 Breeds in flooded or fringing trees alongside wetlands.

Medium Suitable habitat in low lying paddocks

Ardea modesta Eastern Great Egret vu L 1981 PMST Usually found in terrestrial wetland, estuarine and wet grassland habitats particularly permanent well-vegetated water bodies but also use freshwater meadows, channels and larger dams. Forages by wading on shallow open water, generally avoiding dry or deeply flooded areas preferring moist, low-lying, poorly drained pasture, especially near hollows and ditches and where tussocks of long grass are present . Uses estuarine mudflats as summer-autumn or drought refuges.

Medium Suitable habitat in low lying paddocks

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Botaurus poiciloptilus

Australasian Bittern EN en L - PMST Occurs in wetlands with tall, dense vegetation where it forages in shallow water at the edges of pools or waterways. Prefers permanent freshwater habitats, particularly when dominated by sedges, rushes and reeds.

Negligible No suitable habitat

Anseranas semipalmata

Magpie Goose nt L 2011 Uses aquatic and terrestrial habitat, although most activity occurs on wetlands such as those associated with flood plains. Historically occurring in south-eastern Australia, however, loss of wetland habitats meant the species became extinct in Victoria in the early 1900s. Re-introduction attempts have had mixed results.

Medium Suitable habitat in low lying paddocks and dam.

Anas rhynchotis Australasian Shoveler

vu 1981 Prefers large, permanent lakes and swamps with deep water, stable conditions and abundant aquatic vegetation. Less commonly recorded in small or shallow waters, such as billabongs, sewage ponds, freshwater rivers and densely vegetated farm dams. Forages in open water but nests in densely vegetated freshwater wetlands, where fringing vegetation may be an important habitat feature.

Negligible No suitable habitat

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Stictonetta naevosa Freckled Duck en L 2008 Freckled Ducks are usually found on

densely vegetated freshwater wetlands. During dry conditions the birds move from ephemeral wetlands to large areas of permanent open water, particularly lakes and reservoirs.

Negligible No suitable habitat

Aythya australis Hardhead vu 1981 A mainly aquatic species preferring large, deep freshwater environments with abundant aquatic vegetation, including slow moving areas of rivers. Also occurs in brackish wetlands and can be found in deep dams and water storage ponds. Occasionally in estuarine and littoral habitats such as saltpans, coastal lagoons and sheltered inshore waters. Avoids main streams or rivers, except in calm reaches where aquatic flora is developed.

Negligible No suitable habitat

Biziura lobata Musk Duck vu 1981 A largely aquatic species preferring deep water on large, permanent swamps, lakes and estuaries with abundant aquatic vegetation. Often occurs in areas of dense vegetated cover within a wetland. Less commonly recorded in small or shallow waters, such as billabongs, sewage ponds, freshwater rivers and densely vegetated farm dams.

Negligible No suitable habitat

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Accipiter novaehollandiae

Grey Goshawk vu L 2007 Favours tall, wet forests in gullies but can occur in woodlands, dry forests, wooded farmlands and suburban parks. Relies on mature forests for breeding.

Low May fly over the study area and forage in open areas.

Haliaeetus leucogaster

White-bellied Sea-Eagle

vu L 2010 Occurs in marine habitats and terrestrial wetlands along or near coastal areas in eastern Victoria, particularly around large open wetlands such as deep freshwater swamps, lakes, reservoirs and billabongs. Uses tall trees in or near water for breeding.

Low May fly over the study area and forage in open areas.

Lophoictinia isura Square-tailed Kite vu L 1979 Typically inhabits coastal forested and wooded lands of tropical and temperate Australia. In NSW it is often associated with ridge and gully forests dominated by Eucalyptus longifolia, Corymbia maculata, E. elata, or E. smithii

Low May fly over the study area and forage in open areas.

Neophema chrysogaster

Orange-bellied Parrot

CR cr L - PMST Annual migrant to coastal Victoria from breeding grounds in south-west Tasmania, appearing from approximately March to October. Forages on coastal or near-coastal areas such as saltmarshes, coastal dunes, pastures, shrublands, estuaries, islands, beaches and moorlands.

Low May fly over the study area and forage in pasture.

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Neophema elegans Elegant Parrot vu 2010 This species is typically found in

woodlands, open woody grasslands, partially cleared farmlands and the fringes of clearings in forests, tree-lined watercourses and mallee environments.

Low May fly over the study area.

Lathamus discolor Swift Parrot EN en L - PMST Migrates to south-east mainland Australia during the winter months where it prefers dry, open eucalypt forests and woodlands, especially Box Ironbark Forest in north-central Victoria. Has also been recorded in urban parks, gardens, street trees and golf courses with flowering ornamental trees and shrubs.

Low May fly over the study area.

Melanodryas cucullata

Hooded Robin nt L 1991 Occupies a range of open woodlands including those dominated by Eucalypts, Acacias and Callitris with an understorey of smaller trees, shrubs and grasses.

Low May fly over the study area.

Pomatostomus temporalis

Grey-crowned Babbler

en L 1950 Typically occupies open forests and woodlands north of the Great Dividing Range including dry forests and woodlands, acacia scrub, wooded farmlands and roadside trees. Occurs in breeding groups that seldom remain in southern areas of Victoria.

Negligible Extinct in region

Dasyornis broadbenti

Rufous Bristlebird L 2014 Found in coastal thickets or, in the Otways, forested valleys generally a short distance inland.

Medium Previous records and suitable habitat in adjacent coastal reserve. Remaining habitat patches in study area highly

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG disturbed.

Stagonopleura guttata

Diamond Firetail vu L 1978 Occurs mostly in the lowlands and foothills in the north of Victoria. It has specific habitat requirements, which include grassy woodlands with tree cover for refuge and an undisturbed ground layer with grasses.

Low May fly over the study area.

Dasyornis broadbenti broadbenti

Rufous Bristlebird (Coorong subsp.)

nt L 2006 Found in coastal thickets or, in the Otways, forested valleys generally a short distance inland.

Medium Previous records and suitable habitat in adjacent coastal reserve. Remaining habitat patches in study area highly disturbed.

Reptiles Lissolepis coventryi Swamp Skink vu L 2006 Occupies swamp scrub habitat in

cool, temperate, low-lying wetlands and swamp margins with a dense shrub layer, particularly in near-coastal areas ranging from the Mt Gambier region in the west, across southern Victoria to just beyond the NSW border to the east. Often associated with stands of paperbark and tea-tree, suitable habitat occurs along rivers, lakes, swamp margins and estuarine areas, usually in heathy or scrubby areas.

Negligible No suitable habitat

Amphibians

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Litoria raniformis Growling Grass Frog VU en L - PMST Occupies a variety of permanent

and semi-permanent water bodies generally containing abundant submerged and emergent vegetation, within lowland grasslands, woodlands and open forests.

Negligible No suitable habitat

Prototroctes maraena

Australian Grayling VU vu L - PMST A diadromous species which spends most of its life in freshwater within rivers and large creeks. Juveniles inhabit estuaries and coastal seas. Adults occur in freshwater habitats, typically rivers and streams with cool, clear waters and gravel substrates, but occasionally also in turbid waters.

Negligible No suitable habitat

Fishes Galaxiella pusilla Dwarf Galaxias VU vu L - PMST Occurs in relatively shallow still or

slow flowing water bodies including streams, wetlands, drains, that in many instances are ephemeral and partially dry up over summer. Typically requires abundant marginal and aquatic vegetation.

Negligible No suitable habitat

Crustaceans

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Scientific name Common name Conservation status

Most recent database record

Other records

Habitat description Likely occurrence in study area

Rationale for likelihood ranking

EPBC VIC FFG Euastacus bispinosus

Glenelg Spiny Crayfish

EN en L - PMST In Victoria, the Glenelg Spiny Crayfish is found within the Glenelg River system. The species inhabits cool, shaded, flowing areas of rivers and streams which have intact riparian vegetation and high water quality. Springs discharging fresh water and deeper pools are important summer refuges for the crayfish.

Negligible No suitable habitat

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A2.3 Migratory species (EPBC Act listed)

Table A2.3. Migratory fauna species recorded or predicted to occur within 5 km of the study area.

Scientific name Common name Most recent record

Ardenna grisea Sooty Shearwater 2010

Ardenna tenuirostris Short-tailed Shearwater 2014

Ardenna carneipes Flesh-footed Shearwater -

Hydroprogne caspia Caspian Tern 1980

Sternula albifrons Little Tern -

Pluvialis squatarola Grey Plover 1978

Limosa lapponica Bar-tailed Godwit 1979

Actitis hypoleucos Common Sandpiper 1982

Tringa stagnatilis Marsh Sandpiper 1978

Calidris ruficollis Red-necked Stint 1980

Calidris acuminata Sharp-tailed Sandpiper 2010

Gallinago hardwickii Latham's Snipe 2010

Rostratula australis Australian Painted Snipe -

Ardea modesta Eastern Great Egret 1981

Haliaeetus leucogaster White-bellied Sea-Eagle 2010

Pandion cristatus Eastern Osprey -

Merops ornatus Rainbow Bee-eater 2009

Hirundapus caudacutus White-throated Needletail 1980

Apus pacificus Fork-tailed Swift 1980

Rhipidura rufifrons Rufous Fantail 1978

Myiagra cyanoleuca Satin Flycatcher 1978

Acrocephalus stentoreus Clamorous Reed Warbler 2010

Motacilla flava Yellow Wagtail -

Ardea ibis Cattle Egret 1981

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Appendix 3 Photos of the study area

Plate 1: Predominantly introduced vegetation including the site dam within the study area. Looking approximately south-west.

Plate 2: Coastal mallee scrub native vegetation fenced-off within the study area. Looking approximately west.

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Appendix 4 Glossary – Biodiversity assessment guidelines

Items marked with 'A' are cited from DEPI (2013a) ; items marked with 'B' are cited from DSE (2007b) and items marked with a 'C' are cited from DEPI (2014b).

Avoid A

Avoiding removing any native vegetation when undertaking a use or development. This can be either by not permitting or not going ahead with the use or development, or locating it elsewhere so that removing native vegetation is not required.

Benchmark B

A standard vegetation –quality reference point, dependent on vegetation type, which is applied in Habitat hectare assessments. Represents the average characteristics of a mature and apparently long undisturbed state of the same vegetation type.

Biodiversity A

The variety of all life forms, the different plants, animals and microorganisms, the genes they contain, and the ecosystems of which they form a part.

Biodiversity Interactive Map (BIM)

Web based interactive map available on the DSE website that provides information on the biodiversity of Victoria and displays flora and fauna data from the Victorian Biodiversity Atlas.

Bioregion B

Biogeographic areas that capture the patterns of ecological characteristics in the landscape or seascape, providing a natural framework for recognising and responding to biodiversity values. A landscape based approach to classifying the land surface using a range of environmental attributes such as climate, geomorphology, lithology and vegetation.

BushBroker A

A program coordinated by DELWP to match parties that require native vegetation offsets with third party suppliers of native vegetation offsets.

Canopy Tree C

Is a mature tree greater than 3 m in height and is normally found in the upper layer of a vegetation type. Immature trees that are not yet able to flower and are less than three metres in height are considered part of the understorey (see definition of understorey).

Condition score

The score assigned to a habitat zone that indicates the quality of the vegetation relative to the ecological vegetation class benchmark, usually expressed as a percentage or on a scale of 0 to 1.

Degraded treeless vegetation B

Vegetation that is neither a wetland, a remnant patch nor scattered tree(s).

DBH (Diameter at Breast Height) B

The diameter of the main trunk of a tree measured 1.3 m above ground level.

Dispersed habitat A

Habitat for a rare or threatened species whose habitat is spread over a relatively broad geographic area.

Ecological vegetation class (EVC) A

A native vegetation type classified on the basis of a combination of its floristic, life form, environmental and ecological characteristics.

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EVC (see Ecological vegetation class) B

Extent risk A

The level of risk to biodiversity from the removal of native vegetation based on the area and/or number of scattered trees to be removed.

Forb

A herbaceous flowering plant that is not a graminoid (grass, sedge or rush).

Gain A

Predicted improvement in the contribution to Victoria’s biodiversity achieved from an offset, calculated by combining site gain with the strategic biodiversity score or habitat importance score of the site. Gain is measured with biodiversity equivalence scores or units.

Gain Target B

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

General biodiversity equivalence score / units A

Score or units used to quantify the relative overall contribution of a site to Victoria’s biodiversity.

General offset A

An offset that is required when a proposal to remove native vegetation is not deemed, by application of the specific-general offset test, to have a significant impact on habitat for any rare or threatened species.

General provisions A

Operational requirements in planning schemes which are consistent across the state, relating to matters such as administrative provisions, ancillary activities and referral of applications.

Habitat hectares A

Combined measure of condition and extent of native vegetation. This measure is obtained by multiplying the site’s condition score (measured between 0 and 1) with the area of the site (in hectares).

Habitat hectares benchmark A

A reference point for each vegetation type that represents the average condition of mature stands that are likely to reflect pre-settlement circumstances.

Habitat hectares site assessment A

A site-based measure of the condition of native vegetation with reference to the benchmark for the same type of native vegetation. The assessment generates a condition score of between 0 and 1.

Habitat importance map A

A map that indicates the importance of locations as habitat for a particular rare or threatened species. This map is based on modelled data.

Habitat importance score A

Measure of the importance of the habitat located on a site for a particular rare or threatened species.

Habitat zone B

A discrete area of native vegetation consisting of a single vegetation type (EVC) within an assumed similar quality. This is the base spatial unit for conducting a Habitat hectare assessment. Separate Vegetation Quality Assessments (or Habitat hectare assessments) are conducted for each habitat zone within the designated assessment area.

Highly localised habitat A

Habitat for rare or threatened species whose habitat is spread over a very restricted area (i.e. less than 2,000 ha). This can also be applied to a similarly limited sub-habitat that is disproportionately important for a wide-ranging rare or threatened species.

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Improvement gain B

This is gain resulting from management commitments beyond existing obligations under legislation to improve the current vegetation quality. Achieving improvement gain is predicated on maintenance commitments being already in place. For example, control of any threats such as grazing that could otherwise damage the native vegetation must already be agreed. Typical actions leading to an improvement gain include reducing or eliminating environmental weeds, enhancement planting or revegetation over a 10-year management period. If the vegetation is to be used as an offset, a commitment to maintain the improvement gain (i.e. no subsequent decline in quality) will be required in perpetuity.

Incorporated document A

A document that is included in the list of incorporated documents in a planning scheme. These documents affect the operation of the planning scheme.

Indigenous vegetation B

The type of native vegetation that would have normally been expected to occur on the site prior to European settlement.

Landholder A

An owner, occupier, proprietor or holder of land.

Landowner A

Owner of land.

Landscape scale information A

Mapped or modelled information based on data collected across the landscape rather than just on a particular site.

Large Old Tree (LOT) B

A tree with a DBH equal to or greater than the large tree diameter as specified in the relevant EVC benchmark.

Listed species

A flora or fauna species listed under the Commonwealth Environment Protection and Biodiversity Act 1999 or listed as threatened under the Victorian Flora and Fauna Guarantee Act 1988.

Local Planning Policy Framework A

Framework outlining a Municipal Strategic Statement and the Local Planning Policies that apply to the local government area.

Location risk A

The risk that removing native vegetation in a particular location will have an impact on the persistence of a rare or threatened species.

LossA

Loss in the contribution to Victoria’s biodiversity when native vegetation is fully or partially removed, as measured in biodiversity equivalence scores or units.

Maintenance Gain B

This is gain from commitments that contribute to the maintenance of the current vegetation quality over time (i.e. avoiding any decline). Includes foregoing certain entitled activities that could otherwise damage or remove native vegetation, such as grazing or firewood collection. Also typically requires a commitment to ensure no further spread of environmental weeds that may otherwise result in the loss of vegetation quality over time. If the vegetation is to be used as an offset, a commitment to maintain the vegetation quality will be required in perpetuity.

Minimise A

Locating, designing or managing a use or development to reduce the impacts on biodiversity from the removal of native vegetation.

Native (indigenous) vegetation B

Native vegetation is plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses (as defined in Clause 72 of the planning scheme).

Native vegetation credit A

Gains in the contribution that native vegetation makes to Victoria’s biodiversity that are registered on the native vegetation credit register. Native vegetation credits are offered for sale to parties who are required to offset the removal of native vegetation.

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Native vegetation credit register A

A statewide register of native vegetation credits that meet minimum standards for security and management of sites. The register is administered by the Department of Environment and Primary Industries, and records the creation, trade and allocation of credits to meet specific offset requirements.

Native vegetation extent A

Area of land covered by native vegetation or the number of scattered trees.

Native Vegetation Information Management (NVIM) system A

An online tool used to access information about Victoria's native vegetation.

Native vegetation particular provision A

Clause 52.17 in the Victoria Planning Provisions that relates to the removing, destroying or lopping of native vegetation.

No net loss A

An outcome where a particular gain in the contribution to Victoria’s biodiversity is equivalent to an associated loss in the contribution to Victoria’s biodiversity from permitted clearing.

Offset A

Protection and management (including revegetation) of native vegetation at a site to generate a gain in the contribution that native vegetation makes to Victoria’s biodiversity. An offset is used to compensate for the loss to Victoria’s biodiversity from the removal of native vegetation.

Offset Management Plan (OMP)

A document which sets out the requirements for establishment, protection and management of an offset site.

Offset market A

A system which facilitates trade of native vegetation credits between parties requiring offsets and third party suppliers of offsets.

Old tree B

A tree with a DBH equal to or greater than 0.75 of the large tree diameter as specified in the relevant EVC benchmark. Includes medium old trees and large old trees (see separate definitions). Some Regional Native Vegetation Plans additionally define very large old trees (1.5 times large tree diameter).

On-site offset B

An offset located on the same property as the clearing.

Particular Provisions A

Provisions in the Victoria Planning Provisions that relate to specific activities (for example, native vegetation is a Particular Provision).

Patch (see Remnant Patch)

PermitA

A legal document that gives permission for a use or development on a particular piece of land.

Perennial A

A plant that lives for more than two years. Perennials include species that are always visible e.g. shrubs and trees, but also include species that are not always visible above ground.

Permitted clearing A

Removal of native vegetation for which a planning permit has been granted to remove native vegetation.

Permitted clearing regulations A

The rules in the planning system that regulate permits for the removal of native vegetation.

Planning provisions – See Victoria Planning Provisions.

Prior management gain

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

Planning scheme A

Policies and provisions for the use, development and protection of land in a local government area.

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Planning system A

Victoria’s land-use planning system that includes the Victoria Planning Provisions and each local government’s planning scheme.

Property Vegetation Plan B

A plan which relates to the management of native vegetation within a property, and which is contained within an agreement made pursuant to section 69 of the Conservation, Forests and Lands Act 1987.

Protected species

A flora species protected under the Victorian Flora and Fauna Guarantee Act 1988.

Protection (of a tree) B

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

Rare or threatened species A

A species that is listed in:

DELWP’s Advisory List of Rare or Threatened Plants in Victoria as ‘endangered’, ‘vulnerable’, or ‘rare’, but does not include the ‘poorly known’ category

DELWP’s Advisory List of Threatened Vertebrate Fauna in Victoria as ‘critically endangered’, ‘endangered’ or ‘vulnerable’, but does not include ‘near threatened’ or ‘data deficient’ categories

DELWP’s Advisory List of Threatened Invertebrate Fauna in Victoria as ‘critically endangered’, ‘endangered’ or ‘vulnerable’, but does not include ‘near threatened’ or ‘data deficient’ categories.

Recruitment B

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

Referral authority A

An authority that a permit application is referred to for decision under Section 55 of the Planning and Environment Act 1987. All referral requirements are specified in Clause 66 of planning schemes.

Remnant patch of native vegetation A

Either:

an area of native vegetation , with or without trees, where at least 25 per cent of the total perennial understorey plant cover is native plants

an area with three or more indigenous canopy trees where the tree canopy cover is at least 20 per cent.

Remnant vegetation B

Native vegetation that is established or has regenerated on a largely natural landform. The species present are those normally expected in that vegetation community. Largely natural landforms may have been subject to some past surface disturbance such as some clearing or cultivation (or even the activities of the nineteenth century gold rushes) but do not include man-made structures such as dam walls and quarry floors.

Responsible authority A

The authority charged with the responsibility for administering and enforcing particular aspects of a planning scheme.

Revegetation B

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

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Scattered tree C

An indigenous canopy tree that does not form part of a remnant patch of native vegetation (see definition of remnant patch of native vegetation).

Section 173 agreements B

A management agreement primarily between a landowner and the responsible authority according to section 173 of the Planning and Environment Act 1987.

Security Gain

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

Site A

An area of land that contains contiguous patches of native vegetation or scattered trees, within the same ownership.

Site-based information A

Information that is collected at a site.

Site gain A

Predicted improvement in the condition, or the condition and extent, of native vegetation at a site (measured in Habitat hectares) generated by the landowner committing to active management and increased security.

Site loss A

Loss in the condition, or condition and extent, of native vegetation when native vegetation is fully or partially removed, measured in Habitat hectares.

sp.

Species (one species).

spp.

Species (more than one species).

Species persistence A

The continued existence of a species into the future.

Specific biodiversity equivalence score / units A

With reference to a specific species, a score or units used to quantify the relative contribution of a site to Victoria’s biodiversity.

Specific-general offset test A

A test used to determine whether a general or specific offset is required based on the impact of native vegetation removal on the habitat for rare or threatened species.

Specific offset A

An offset that is targeted to a particular species (or multiple species) impacted by the removal of native vegetation.

State Planning Policy Framework A

A collection of clauses in the Victoria Planning Provisions that inform planning authorities and responsible authorities of those aspects of state planning policy which they are to take into account and give effect to in planning and administering their respective areas.

Strategic biodiversity map A

A map that shows the relative value of a location in the landscape with regard to its condition, extent, connectivity and the support function it plays for species. The map is based on modelled data.

Strategic biodiversity score A

A score that quantifies the relative value of a location in the landscape with regard to its condition, extent, connectivity and the support function it plays for species.

Strategic planning A

A coordinated approach to planning where areas for conservation and areas which can be cleared are strategically identified.

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Supplementary planting

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

Taxon (plural taxa)

A term used to describe any taxonomic unit. This term is typically used when referring broadly to any scientifically recognised species, subspecies or variety.

Third-party offset B

An offset located on a property owned by a person other than the landowner who incurs the native vegetation loss being offset.

Understorey

Understorey is all vegetation other than mature canopy trees – includes immature trees, shrubs, grasses, herbs, mosses, lichens and soil crust. It does not include dead plant material that is not attached to a living plant. More information on understorey life forms is set out in the Vegetation Quality Assessment Manual (DSE 2004).

Vegetation Quality Assessment

The standard DELWP method for assessing remnant patches of vegetation. Details of the method are outlined in the Vegetation Quality Assessment Method (DSE 2004). The results of the assessment are expressed in Habitat hectares. Also referred to as a ‘Habitat hectare assessment’

Victoria Planning Provisions A

A list of planning provisions that provides a standard template for individual planning schemes.

Zone A

A zone in the Victoria Planning Provisions is a set of permitted uses of land which are defined spatially.