3.4 significant species and ecological communities · 10212 australasian shoveler anas rhynchotis -...

© Biosis 2017 – Leaders in Ecology and Heritage Consulting 42

3.4 Significant species and ecological communities

3.4.1 EPBC Act and FFG Act listed species

Lists of EPBC Act and FFG Act listed species recorded or predicted to occur within 5 kilometres 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. All threatened flora and fauna database records located within 5 kilometres of the study area are displayed in Figure 4 (flora) and Figure 5 (fauna).

A summary of those species recorded or with a medium or higher likelihood of occurring in the study area is provided in Table 2 below.

Table 2 Summary of species listed as threatened under the EPBC and FFG Act most likely to occur in the study area

Species name Listing status Area of value within the study area

Golden Sun Moth Critically endangered under EPBC Act Listed under FFG Act

Species recorded throughout the Stage 2 area (Figure 3). No habitat present within Stage 1 area.

Growling Grass Frog Vulnerable under EPBC Act Listed under FFG Act

Species not present within the study area. Potential (unoccupied) wetland habitat is present within the Stage 2 area and identified in Figure 3. No habitat present within the Stage 1 area.

Grey-headed Flying-fox Vulnerable under EPBC Act Listed under FFG Act

Species not recorded within the study area during the current assessment, however remnant and planted trees provide potential foraging habitat within Stage 1 and Stage 2 areas.

Lewin's Rail, Baillon's Crake, Little Egret, Intermediate Egret, Eastern Great Egret, Freckled Duck, Blue-billed Duck.

Listed under FFG Act Potential wetland habitat present within Stage 2 area, particularly in association with local creeks and other drainage lines. No habitat present within Stage 1.

3.4.2 DELWP advisory list of rare and threatened species

To support decision making under the Guidelines, DELWP has produced models for Victoria describing the extent of habitat for most listed rare or threatened species. These models are called 'habitat importance models' and they assign a 'habitat importance score' to a location based on the importance of that location in the landscape as habitat for a particular rare or threatened species, in relation to other suitable habitat for that species (DEPI 2013a).

Under the Guidelines, these models form the basis for determining the impact of potential native vegetation clearing on rare and threatened species. The models only apply where a clearing proposal is considered on the moderate or high risk-based application pathways. The habitat importance scores are used to calculate the type and extent of biodiversity offsets required for native vegetation removal that impacts on individual rare or threatened species habitat for moderate or high risk application pathways.


A summary of those species for which habitat is modelled in the study area is provided in Table 3. Two of these species were recorded during the current study: Golden Sun Moth Synemon plana and Austral Crane's-bill Geranium solanderi var. solanderi s.s.

Table 3 Summary of rare or threatened species' habitats modelled in the study area

Species number

Species scientific name Species common name Recorded on site during

Biosis assessment?

10019 Red-chested Button-quail Turnix pyrrhothorax -

10045 Lewin's Rail Lewinia pectoralis pectoralis -

10050 Baillon's Crake Porzana pusilla palustris -

10154 Wood Sandpiper Tringa glareola -

10170 Australian Painted Snipe Rostratula benghalensis australis -

10174 Bush Stone-curlew Burhinus grallarius -

10186 Intermediate Egret Ardea intermedia -

10187 Eastern Great Egret Ardea modesta -

10195 Australian Little Bittern Ixobrychus minutus dubius -

10197 Australasian Bittern Botaurus poiciloptilus -

10212 Australasian Shoveler Anas rhynchotis -

10214 Freckled Duck Stictonetta naevosa -

10215 Hardhead Aythya australis -

10216 Blue-billed Duck Oxyura australis -

10217 Musk Duck Biziura lobata -

10220 Grey Goshawk Accipiter novaehollandiae novaehollandiae -

10230 Square-tailed Kite Lophoictinia isura -

10238 Black Falcon Falco subniger -

10598 Painted Honeyeater Grantiella picta -

12159 Striped Legless Lizard Delma impar -

12683 Glossy Grass Skink Pseudemoia rawlinsoni -

13207 Growling Grass Frog Litoria raniformis -

15021 Golden Sun Moth Synemon plana Yes

501084 Purple Diuris Diuris punctata var. punctata -

501456 Clover Glycine Glycine latrobeana -

503455 Rye Beetle-grass Tripogon loliiformis -


Species number

Species scientific name Species common name Recorded on site during

Biosis assessment?

503624 Plump Swamp Wallaby-grass Amphibromus pithogastrus -

504206 Purple Blown-grass Lachnagrostis punicea subsp. punicea -

504314 Brackish Plains Buttercup Ranunculus diminutus -

504655 Pale Swamp Everlasting Coronidium scorpioides 'aff. rutidolepis (Lowland Swamps)' variant

-

505084 Matted Flax-lily Dianella amoena -

505337 Austral Crane's-bill Geranium solanderi var. solanderi s.s. Yes

3.4.3 Significant ecological communities

Plains Grassy Woodland (EVC 55) and Stony Knoll Shrubland (EVC 649) are both considered endangered communities within the Victorian Volcanic Plains bioregion. Relatively intact examples of Plains Grassy Woodland correlate to the EPBC Act listed community Grassy Eucalypt Woodland of the Victorian Volcanic Plain, however, remnants of Plains Grassy Woodland within the study area are too small and degraded to satisfy the definition of the EPBC Act listed ecological community.

3.5 Other ecological values

3.5.1 Habitat corridors

Edgars Creek is identified as a potential movement corridor allowing connectivity between local populations of frogs and other aquatic fauna. Developments within the local area have been required to maintain habitat connectivity along Edgars Creek for Growling Grass Frog and duplication works associated with Stage 2 of the project should, if possible, broadly adopt the design principles of DELWP’s Crossing Standards for Growling Grass Frog at the Edgars Creek crossing.

3.5.2 Pests and pathogens

Phylloxera is a small (1mm) insect from North America that feeds on the roots of grapevines, causing the death of grapevines within vineyards. The study area does not fall within a Phylloxera Infested Zone, though it falls partly within a Phylloxera Exclusion Zone and a Phylloxera Risk Zone. As the proposed action is unlikely to result in any grape products or contaminated soil being transported into the study area, no further consideration is required.

Phytophthora is a common plant disease in the coastal and near coastal woodlands of Victoria. The disease is spread by the movement of fungal spores through surface or sub-surface water flows which transport these propagules between host plants. While there is little accessible information on the distribution of this disease in Victoria, the heavy clay soils associated with the Victorian volcanic plains provide poor habitat for the spread of this disease. Not only are susceptible species rare to often absent, transmission of spores through these types of soil would be poor to impossible.

There is no information to indicate that Phytophthora is an issue within the grasslands and grassy woodlands of the Victorian Volcanic Plains. However, normal vehicle/plant hygiene protocols associated with the control of other pest plants recorded in the local area are considered adequate to deal with this potential issue.


3.6 Further survey recommendations

The current assessment incorporated targeted surveys for Golden Sun Moth, Growling Grass Frog and Matted Flax-lily. We consider that no further targeted surveys are required.

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±Matter: 23402Date: 24 March 2017, Checked by: CPM, Drawn by: SKM, Last edited by: lmilneLocation:P:\23400s\23402\Mapping\23402_F4_ThrFlora

Biosis Pty LtdBallarat, Brisbane, Canberra, Hobart, Melbourne,

Newcastle, Sydney,Wangaratta & Wollongong

Scale: 1:45,000 @ A3

Figure 4 Threatened floradatabase records within 5km of the study area,Epping, Victoria

Coordinate System: GDA 1994 MGA Zone 55

Acknowledgements: Vicmap ©State of Victoria. Species data provided by VBA

Species listSearch AreaStudy area

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0 500 1,000 1,500 2,000

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±Matter: Date: 24 March 2017, Checked by: smitchell, Drawn by: GIS, Last edited by: lmilneLocation:P:\23400s\23402\Mapping\23402_F5_ThrFauna


Newcastle, Sydney,Wangaratta & Wollongong

Scale: 1:45,000 @ A3

Figure 5 Threatened faunadatabase records within 5km of the study area,Epping, Victoria

Coordinate System: GDA 1994 MGA Zone 55

Acknowledgements: Vicmap ©State of Victoria


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. Further consideration of MNES and an assessment of the significant impact criteria in relation to the provision of mitigation measures for the MNES assumed to be present or recorded in the study area are provided in Appendix 3 in VicRoads' preferred format.

Further detail regarding the section of the study area located within the MSA is provided in Section 4.1.2.

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

Listed species that have been recorded or predicted to occur in the project search area are provided in Appendix 1 (flora) and Appendix 2 (fauna), along with an assessment of the likelihood of these species occurring in the study area.

Study area contains habitat for Golden Sun Moth, which was confirmed as present during targeted surveys. Potential Growling Grass Frog habitat is present within and immediately adjacent to the study area, however the species is not resident in these habitats. An assessment of the project against the relevant significant impact criteria for these species is provided in Appendix 3, along with mitigation measures proposed. The proposed works are likely to result in a significant impact on Golden Sun Moth, but are not likely to result in a significant impact on Growling Grass Frog or Grey-headed Flying-fox (Appendix 3). No other species are likely to be present or significantly impacted by the proposed works.

Migratory species A total of 15 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 The study area is not identified as being Proposed works will not result in a significant impact


Matter of NES Project specifics Assessment against significant impact guidelines

international importance (Ramsar sites).

within the catchment of any Ramsar sites. to a listed Ramsar site.

On the basis of the potential for significant impacts on MNES (Golden Sun Moth), the EPBC Act is likely to be triggered and referral of the proposed action to the Australian Government Minister for the Environment is recommended. A complete assessment of significant impact criteria for these MNES is provided in Appendix 3.

4.1.2 Melbourne Strategic Assessment (MSA)

The Melbourne Strategic Assessment (MSA) is a strategic environmental assessment and approvals process conducted under Part 10 of the EPBC Act to address impacts to Matters of National Environmental Significance resulting from a number of approved actions in Melbourne’s growth corridors. Development of land within the MSA requires payment of Habitat Compensation Fees that reflect the biodiversity values of the site, in accordance with the Biodiversity Conservation Strategy prepared for Melbourne’s growth corridors (DEPI 2013b).

The section of the study area located north of O’Herns Road on the Hume Freeway is located within an area covered by the MSA. Previously mapped and modelled biodiversity spatial information is used to calculate the Habitat Compensation Fees payable under the Biodiversity Conservation Strategy, in accordance with the MSA (DEPI 2013b). The habitat compensation obligations for this area of land are displayed in Figure 6 and summarised in Table 5 below.

Impacts to Golden Sun Moth habitat outside the MSA area will require referral to the Australian Government Minister for the Environment due to the amount of habitat being removed.

Table 5 MSA habitat compensation obligations relevant to the study area (see Figure 6)

Feature Per unit (ha) cost

Approximate units (ha) within study area

Approximate total obligation

Golden Sun Moth habitat $8,705.40 5.215 ha $45,398.66

Growling Grass Frog habitat $8,281.90 3.399 ha $28,150.18

Matted Flax-lily habitat and native vegetation

$116,898.10 0.068 ha $7,949.07

Scattered trees $14,359.80 Scattered tree survey and offset not required within the road reserve (J. Fero pers. comm., DELWP).

Total - 8.682 ha $81,497.91

4.1.3 EPBC Act offsets

The proposed works are likely to result in a significant impact to Golden Sun Moth, therefore the proposed action is likely to be deemed a ‘controlled action’ by the Australian Government Minister for the Environment. Environmental offsets will therefore be required for residual impacts to Golden Sun Moth outside the MSA area, in accordance with the EPBC Act Environmental Offsets Policy (Commonwealth of Australia 2012). VicRoads propose to secure an offset site that supports a Golden Sun Moth population, consistent with the requirements of the EPBC Act Environmental Offsets Policy and the outputs of the associated EPBC Act offset calculator.


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 represents the remnants of listed communities (Western (Basalt) Plains Grassland and Western Basalt Plains (River-Red-gum) Grassy Woodland Floristic Community 55-04), contains protected flora species, and listed threatened species or habitat for them (Appendix 1 and 2).

The majority of the study area is on public land. Three protected flora species (Approximately five Black Wattles Acacia mearnsii, one Cottony Fireweed and two Drooping Cassinia Cassinia arcuata; Appendix 1) and remnants of two listed flora communities are present (Stony Knoll Shrubland and Plains Grassy Woodland). A protected flora permit from DELWP would therefore be required for any of these species/communities affected by the proposed works.

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 and established pest animals are listed in Appendix 2. Occurrences of Sweet Briar Rosa rubiginosa, African Boxthorn Lycium ferocissimum and Blackberry Rubus fruticosus spp. agg. are mapped in Figure 2. The regionally restricted Chilean Needle-grass dominates the majority of the study area and adjacent private land; the extent of this weed largely corresponds with Golden Sun Moth habitat mapped in Figure 3.

VicRoads 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.

The general area, in particular sections of the Aurora residential estate and Alliance Business Park (275 O'Herns Road), is known to support populations of Lobed Needle-grass Nassella charruana. This state prohibited weed is likely to occur within the road reserve of O'Herns Road and the Hume Freeway although it was not detected during this survey. The offsite movement of any material likely to support propagules of Lobed Needle-grass would require a permit under the Act.

VicRoads may need to establish a protocol with DEDJT&R for the management of the likely presence of Lobed Needle-grass and any permit requirements for noxious weeds. Permits and further advice should be sought from the Department of Economic Development, Jobs, Transport and Resources (DEDJT&R).

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.


Under the Schedule to Clause 52.17 in the Whittlesea Planning Scheme a Planning Permit is not required to remove native vegetation within areas zoned Road 1 Zone or designated with a Public Acquisition Overlay (PAO2) being land forming the Hume Freeway between the Metropolitan Ring Road and Mount Ridley Road. For areas that fall outside of this area a planning permit is required to remove native vegetation under Clause 52.17. While parts of the study area are exempt under the Schedule, there are still areas supporting native vegetation that fall outside Schedule to Clause 52.17. Therefore, a Planning Permit is still required.

The need for a permit to remove native vegetation may also be triggered by Vegetation Protection or Environmental Significance overlays within the Scheme. Overlays and zones relevant to biodiversity are shown in Figure 7. The provisions of the following overlays relevant to biodiversity apply to the study area:

Vegetation Protection Overlay 2 (VPO2) covers the study area north of the existing road reserve of O'Herns Road to the east of the freeway. Additional permit requirements for this area are to consider the presence of significant native vegetation and fauna habitat. This is achieved through the conduct of a full assessment of vegetation prior to any development approval and to protect and maintain significant vegetation and the character of the area. A report is required from a suitably qualified environmental consultant.

Environmental Significance Overlay 4 (ESO4) covers the study area to the west of the freeway and north of the existing road reserve of O'Herns Road. Additional permit requirements for this area include a statement of:

Environmental significance, and

The environmental objective to be achieved.

This includes an assessment of the importance of habitat for threatened flora and fauna. However a permit is not required to impact on vegetation that is not native.

Overall this report satisfies the additional requirements prescribed by the biodiversity overlays.

In addition VicRoads must comply with the City of Whittlesea River Red-gum Protection Policy, which may require an arborist report to support a planning permit application.

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. Under the Guidelines, there are three risk-based pathways for assessing an application for a permit to remove native vegetation: low, moderate and high.

A detailed determination of the risk-based pathway for the planning application relevant to the proposed development is provided in Section 5.2. In summary, the planning application for removal of native vegetation must meet the requirements of, and be assessed in, the moderate risk-based pathway.

4.2.4 Environment Effects Act 1978

The Environment Effects Act 1978 establishes a process to assess the environmental impacts of a project. If applicable, the Act requires that an Environment Effects Statement (EES) be prepared by the proponent. The EES is submitted to the Minister for Planning and enables them to assess the potential environmental effects of the proposed development.


The general objective of the assessment process is to provide for the transparent, integrated and timely assessment of the environmental effects of projects capable of having a significant effect on the environment (DSE 2006).

The ‘Ministerial Guidelines for Assessment of Environmental Effects under the Environment Effects Act 1978’ (DSE 2006) provide a range of criteria that can be used to determine whether an EES may be required for a project. These criteria relate to individual potential environmental effects and a combination of (two or more) potential environmental effects.

The removal of the small patches of native vegetation identified would result in the loss of less than 10 hectares of native vegetation and do not remove a significant component of the habitat for a threatened species. The proposed construction footprint also avoids populations or habitat for the threatened species identified as present or likely to occur by this assessment with the exception of Golden Sun Moth, which is known to occur in surrounding areas of introduced vegetation. It is anticipated that none of the ecological triggers for an EES are exceeded and a referral to the Minister for Planning is not required.

However, the guidelines are not binding, and the decision as to whether an EES is required is ultimately at the discretion of the Minister for Planning.

4.2.5 Fisheries Act 1995

The Fisheries Act 1995 provides a legislative frame work for the regulation, management and conservation of Victorian fisheries including aquatic habitats.

A person must not take, injure, damage, destroy or release any protected aquatic biota. Protected aquatic biota includes all species of the family Syngnathidae (seahorses, sea dragons and pipefish), and any fish or aquatic invertebrate or community that is listed under the FFG Act.

Providing mitigation measures outlined in this report are adhered to, the potential for protected aquatic biota as listed above, to be injured, damaged or destroyed is considered to be negligible and no permit is required from DELWP.

4.2.6 Water Act 1989

The primary purpose of the Water Act 1989 is to provide a framework for the allocation and management of surface water and groundwater throughout Victoria. It provides a principal mechanism for maintenance of ecosystem functions including those of aquatic ecosystems. Under By-Laws created by the relevant Authority under the Act, the authorities regulate the works within and in the vicinity of waterways. In Melbourne Water's management area this applies to all waterways with a catchment area of 60 hectares or more. These waterways are deemed to be Melbourne Water assets, while all smaller watercourses are deemed the responsibility of the local government.

The proposed development will involve construction works that are likely to impact on the beds/ banks, riparian vegetation, hydrology and water quality of Edgars Creek.

Development within the study area will require a permit to work from Melbourne Water. Guidelines and application forms can be obtained from Melbourne Water's Asset Service team – 9235 1414.

4.2.7 Environment Protection Act 1970: State Environmental Protection Policy (Waters of Victoria) 2003

The Environment Protection Act underpins the State Environmental Protection Policy (SEPP) - Waters of Victoria which provides a legal framework for the protection and rehabilitation of Victoria’s surface water environments. The project may directly and/or indirectly impact upon Edgars Creek and its aquatic ecosystems. The SEPP requires that aquatic ecosystem values be protected. Environmental quality objectives


and indicators are defined to protect beneficial uses (i.e. the uses and values of the water environment) and an attainment program provides guidance on protection of the beneficial uses.

Impacts to surface water quality must not result in changes that exceed background levels and/or the water quality objectives specified for the Cleared Hills and Coastal Plains segment to protect beneficial uses and values. VicRoads needs to ensure that direct and indirect (e.g. runoff) impacts to surface water quality do not exceed the background levels and/or water quality objectives. This could be achieved by implementing appropriate sediment control measures and securing exposed soil. All measures would require regular monitoring and maintenance to ensure they remain in good working order throughout the construction phase. Link to further information: http://www.epa.vic.gov.au/water/epa/wov.asp.

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Scale: 1:3,325 @ A3Coordinate System: GDA 1994 MGA Zone 55


Newcastle, Sydney, Wangaratta & Wollongong

Figure 6 MSA habitatcompensation obligations

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MSA habitat compensation obligations

Golden Sun MothGrowling Grass FrogMatted Flax-lily

Acknowledgements: State Government of Victoria - VicMap - Nearmap

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Figure 7.1 Planning zonesand overlays within thestudy area, Epping,

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Vegetation removal not exemptPlanning Zone

Comprehensive Development Zone (1 to 6)Farming Zone (FZ)Industrial 1 Zone (IN1Z)Priority Development Zone (PDZ)

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3.4 significant species and ecological communities · 10212 australasian shoveler anas rhynchotis -...

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