ecology expert witness statement · • a number of parks and gardens were also ... map of...

Ecology Expert Witness Statement

Submission to the West Gate Tunnel Project Inquiry and Advisory Committee -Planning Panels Victoria

Cameron Miller (B.Sc. (Biology), M.Sc. (Ecology and Management), Graduate Certificate in Arboriculture (in progress)

August 2017

Background

AECOM was engaged by the Western Distributor Authority (WDA) to undertake an ecological assessment of the West Gate Tunnel Project .

The objectives of this investigation were to:

• Characterise the existing conditions (ecological)

• Assess the ecological risks and impacts to:o terrestrial and aquatic flora and fauna including planted vegetation

• Assist in satisfying ecological approvals under relevant legislation including:o the Environmental Effects Act 1978o the Planning and Environment Act 1987o The Flora and Fauna Guarantee Act 1988

• Develop Environmental Performance Requirements (EPR’s) that specify the limits of impacts and define mitigation strategies that must be followed to minimise ecological impacts.

August 16, 2017Ecology

Methods

Approach


Desktop Assessment

• Review existing literature• Database searches (State and Commonwealth)

Field Survey

• Ground-truth desktop results• Assess ecological values of the area• Undertake targeted survey• Gather additional data where required

Technical Report

• Documentation of methods• Results of desktop and field survey• Establish the existing conditions• Assessment of risks to any conservation significant species and/or communities • Provide appropriate mitigation

Ecological s tudy areaW E S T G A T E T U N N E L P R O J E C T

KEY

Field Investigation Extent

Port, CityLink and city connectionsTunnels

West Gate Freeway

Study Area (5km radius)Watercourse

Desktop assessment


Databases Literature• Department of Environment and Energy –

Protected Matters Search Tool • Biodiversity Interactive Map for Ecological

Vegetation Classes (EVCs)• City of Melbourne Urban Forest Visual Urban

Forest Visual, • Arboricultural data supplied by the City of

Melbourne entitled ‘Western Distributor–CoM tree data’.

• Victorian Biodiversity Atlas for records of Commonwealth and State significant species.

• Native Vegetation Information Management System Online

• Department of Environment and Energy National Flying-fox Monitoring Viewer

• Viridans Biological Database.

• Western Distributor Project EPBC Act Referral (GHD, 2015)

• Land Design Partnership, Kororoit Creek Regional Strategy 2005 – 2030

• Greening the West, Greening the West – a regional approach

• City of Melbourne, Nature in the City Strategy, 2017

• Royal Botanic Gardens Victoria, Floristic Survey along Moonee Ponds Creek & Maribyrnong River,

• Royal Botanic Gardens Victoria, Bird Survey at Moonee Ponds Creek

• City of Melbourne, North and West Melbourne Urban Forest Precinct Plan 2014-2024

• Melbourne Water, Port Philip and Westernport Regional River Health Strategy, 2007

• Melbourne Water, Healthy Waterways Strategy: A Melbourne Water strategy for managing rivers, estuaries and wetlands, 2013

Field assessment


• Two field assessments completed in 2015, focussed on:

o mapping the extent and quality of remnant vegetation (habitat-hectares assessments) undertaken by DELWP-qualified assessors),

o Mapping scattered indigenous trees, and

o habitat assessments for threatened flora and fauna.

• Planted tree verification in 2016 along Footscray Road to validate the species and size of street trees mapped by the City of Melbourne.

• A targeted survey for the Growling Grass Frog Litoria raniformis was undertaken in Kororoit Creek (March 2015).

• A complete arboricultural assessment was completed by Landscape Dept in January 2017.

• Refer to AECOM 2017 for more details

Existing Conditions

Existing conditions


• EPBC determination - “not controlled action” in response to the EPBC Act Referral (2015/7620) submitted in December 2015.

• The project occurs within a largely industrial and residential landscape with a history of human disturbance and clearing.

• Very little indigenous vegetation was observed and when it did occur, it was typically found to be associated with waterways - Kororoit Creek, Stony Creek, the Stony Creek Backwash, the Maribyrnong River and Moonee Ponds Creek.

• Unnatural landforms such as constructed road islands or road batters that are managed for amenity, rather than biodiversity purposes were noted to generally contain mixed plantings of indigenous, native and exotic species.

• A number of parks and gardens were also assessed including Yarraville Gardens, Hanmer Reserve, Westgate Golf Club, Donald McLean Reserve and the north east component of Anderson Reserve.

Existing conditions - waterways


Existing conditions - typical parks & roads


Existing conditions


Indigenous vegetation:

• 53 scattered trees (River Red Gums Eucalyptus camaldulensis) were identified within the field investigation extent.

Ecological Vegetation Class (No.)Bioregional

conservation status

Total area (hectares)

Total habitat

hectares

Brackish Wetland (656) Endangered 2.04 0.72

Coastal Saltmarsh (9) Least concern 2.93 1.26

Mangrove Shrubland (140) Least concern 1.65 0.92

Plains Grassy Woodland (55) Endangered 2.54 0.86

Riparian Woodland (641) Endangered 0.05 0.01

Swamp Scrub (53) Endangered 0.61 0.25

Total 9.82 4.02

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Port, CityLinkand city

connections

West GateFreeway

Tunnels

0 550 1,100 2,200Metres

1:52,306

M A P O F S T R A T E G I C B I O D I V E R S I T Y S C O R E ( N V I M ) R E C O R D E D A C R O S S T H E S T U D Y A R E A

B

KEY

!! Existing Rail Station Existing Railway

Watercourse

Study Area (5km radius)

Field Investigation ExtentWest Gate Freeway

Tunnels

Port, CityLink and city connections

Strategic biodiversity score0.81 - 1.00

0.61 - 0.80

0.41 - 0.60

0.21 - 0.40

0.01 - 0.20

46Figure

at A4

Existing conditions


Planted vegetation:

• Over 5700 planted trees were mapped and a number of additional areas of planted shrubs / ground-covers were also identified.

Fauna

• The modification of land within the project boundary has had a marked impact on available fauna habitat.

• Limited natural habitat exists and where this does occur, it is typically degraded.

• Planted vegetation is recognised to provide foraging and limited shelter habitat for common microbats, arboreal mammals (possums), birds and skinks.

• No critical habitat was considered present for threatened fauna.

• Foraging and temporary roosting habitat is available for Grey-headed Flying-fox Pteropus poliocephalus, Swift Parrot Lathamus discolorand Powerful Owl Ninox strenua

Existing conditions

Common name Scientific name

EPBC

FFG

VRO

T

West Gate Freeway Tunnels

Port, CityLink &

city connections

Australasian Shoveler Anas rhynchotis v Moderate Unlikely Unlikely

Caspian Tern Hydroprogne caspia L nt Present Low Present

Common Greenshank Tringa nebularia Mig v Moderate Unlikely LowCommon Sandpiper Actitis hypoleucos v Moderate Low ModerateEastern Great Egret Ardea modesta Ma L v High Low PresentFairy Tern Sternula nereis nereis VU L e Moderate Unlikely UnlikelyGull-billed Tern Gelochelidon nilotica

macrotarsaL e Moderate Unlikely Unlikely

Lewin's Rail Lewinia pectoralis pectoralis L v Moderate Unlikely Moderate

Little Egret Egretta garzetta nigripes L e Moderate Low Moderate

Powerful Owl Ninox strenua L v Moderate Moderate Moderate

Swift Parrot Lathamus discolor CR / MaMa

L e Moderate Moderate Moderate

Grey-headed Flying-fox Pteropus poliocephalus VU L v Moderate Moderate Moderate


Fauna continued

Existing conditions


Aquatic Habitat

• The lower reach of Kororoit Creek has had a history of industrial disturbance and poor water quality. Recent rehabilitation works has seen an increase in in-stream and riparian vegetation and better connection to the upper and lower reaches.

• The lower reaches of Stony Creek represent a largely natural estuary with marine influences and a predominance of coastal saltmarsh and mangroves.

• The Maribyrnong River was observed to be channelised with rock battering on the embankments and planted trees. In-stream and riparian vegetation was observed to be generally absent.

• Much of Moonee Ponds Creek is a heavily disturbed, deeply incised, man-made channel lined with concrete. However, more natural components of the creek did occur between Footscray Road and Dynon Roads which contained areas of brackish wetland and in-stream macrophytes and aquatic vegetation.

Existing conditions


Aquatic Habitat continued

• All waterways would support common species including River Blackfish Gadopsis marmoratus, common galaxias Galaxias maculatus, Short-finned eels Anguilla australis as well as exotic species such as Carp Cyprinus carpio and Mosquito Fish Gambusia affinis.

• The waterways were not considered important for amphibians and again are likely to support population of common amphibians such as the Common Froglet Crinia signifera, Striped Marsh Frog Limnodynastes peronii and Southern Brown Tree Frog Litoria ewingii

Impacts

Summary of impacts to planted & indigenous vegetation


ComponentCa

tego

ry

Value West Gate Freeway Tunnels

Port, CityLink and city

connectionsTotal

Plan

ted

vege

tatio

n MLTV Trees Direct impact 2224 102 624 2950Shade impact 1 1 2 4

NMLTV TreesDirect impact 256 13 116 385

Shade impact 1 5 2 8

Sub Total (planted trees) 2482 121 744 3347

Nat

ive

Vege

tatio

n

EVC140: Mangrove Shrubland (Least concern)

Area 0.002 - - 0.002Habitat hectares 0.001 - - 0.001

EVC641: Riparian Woodland (Endangered)


EVC9: Coastal Saltmarsh (Least concern)


EVC656: Brackish Wetland (Endangered)

Area - - 0.141 0.141Habitat hectares - - 0.05 0.05

Scattered Trees (ST) Individuals 22 - - 22Sub Total (Area) 0.52 - 0.14 0.66Sub Total (Hha) 0.22 - 0.05 0.27

Source: Section 7.2.1 of my expert evidence

Impacts


Fauna

• The loss of flowering eucalypts, was not considered likely to significantly impact on: Grey-headed Flying-fox Swift Parrot, or Powerful Owl.

• The FFG listed Caspian Tern and Eastern Great Egret are considered either present or highly likely to be present within the Stony Creek Backwash and within the Moonee Ponds Creek. These areas are considered to provide local habitat but losses are not considered large enough to be considered critical to the survival of these species.

• Losses of habitat is not considered significant to any other threatened fauna with the potential to occur in the project footprint.

Impacts


Aquatic Ecology

• The general poor quality of the waterways within was considered to limit the potential to support any threatened aquatic fauna species.

• If present, threatened fish species will utilise these waterways only as a means to migrate between the upper and lower reaches of the waterways.

• Waterway passage will be maintained during construction and operation.

• Disturbance to common fish species will occur during construction. Once operational all common species will reinhabit any disturbed areas.

• Disturbance to common frog species will occur within waterways and associated floodplains during construction. Once operational all common species will reinhabit any disturbed areas.

Offsetting & minimising impacts

Offsets & minimisation


Offset requirement Environmental Performance Measure

The offset requirements are summarised below:

• The general offset amount (general biodiversity equivalence units) is 0.141 general units.

• Within the vicinity of Port Phillip and Westernport Catchment Management Authority (CMA) or cities of Hobsons Bay, Maribyrnong, Melbourne and Wyndham.

• The strategic biodiversity score of all marked native vegetation is 0.126. It has a minimum strategic biodiversity score of 0.101.

• The project has no specific offset requirements.

EP7: Vegetation Offsets

Indigenous vegetation



Planted vegetation

Offset requirement Environmental Performance Measure

No formal requirements to offset. It was a project standard to meet the replacement ratio of 3: 1 for every tree lost.

In total approximately 917,500 plants are proposed to be planted, including in excess of 17,500 trees.

EP6: Landscaping Plan



Planted vegetation continued

The proposed breakdown of plantings is provided below:

Trees to be planted

Project componentIndicative advanced

treesIndicative

tube-stockTotal No. of

trees

Westgate Freeway 2350 12550 14900

Tunnels 690 700 1390

Port, CityLink and City Connections 960 250 1210

Totals 4000 13500 17500

Minimisation and mitigation addressed in EP6 Landscaping Plan and EP2 Vegetation Protection Measures.



Planted vegetation continuedIn addition, a number of additional parks and reserves are proposed equalling approximately 8.9 hectares, including:Project component Additional public open space Area (m2)

Westgate Freeway Land between Westgate Freeway west of Newport Rail line, Altona North / South Kingsville 30,000

Tunnels

Land north of West Gate Bridge, south of Stony Creek, Yarraville (expansion of Stony Creek Reserve) 17,000

Land east of Whitehall Street and south of Youell Street, Yarraville 28,000

Port, CityLink and City Connections

Land north of Footscray Road and west of Moonee Ponds Creek, West Melbourne 14,000

Totals 89,000

Minimisation and mitigation addressed in EP3: Reinstatement , EP6 Landscaping Plan and EP2 Vegetation Protection Measures.

Offsets & Minimisation


Fauna

Offset requirement Environmental Performance Measures

In Victoria, offsets for fauna are managed through the Biodiversity Assessment Guidelines through ‘specific offsets’

No specific offsets identified by DELWP for the project

No formal requirements to offset.

Impacts to fauna minimised through:

• EP4 Fauna management measures

• LVP3 Light spillage

• NVP1: Traffic noise limits

• NVP3: Construction noise, vibration management, and monitoring

Offsets & Minimisation


Aquatic

Offset requirement Environmental Performance Measures

In Victoria, no additional offsets are required offsets for aquatic ecology other than for the loss of native vegetation or through specific offsets.

No specific offsets identified by DELWP for the project

No formal requirements to offset.

Impacts to aquatic ecology minimisedthrough:• EP5: Works on waterways• SWP5: Spill containment design

• SWP6: Management of chemicals, fuels, and hazardous materials

• SWP7: Surface Water Management during construction

• SWP9: Bank stability

• SWP10: Waterway modifications

• SWP11: Flood levels, flows and velocities

Responding to submissions & requests

Responding to submissions


Theme: alternative planting opportunities

A number of additional projects were identified that provide opportunities to mitigate the ecological impact of the West Gate Tunnel project, including:

• The Dynon Road Tidal Canal shared path, rehabilitation and bird sanctuary;

• Rehabilitation to the Dynon Road Wildlife Reserve

• Lower Stoney Creek naturalisation

• Yarraville Gardens stormwater harvesting project,

• Moonee Ponds Creek linear Park, and

• Greening the Pipeline.

EP6 Landscape Plan provides the opportunity for these or any other options to be considered


Theme: Adequacy of proposed open space on Moonee Ponds Creek

• EP6 Landscape Plan provides the opportunity for stakeholders to provide further input into the open space plans.

Theme: Impacts of structures, bridges and piers on waterways • SWP7: Surface Water Management during construction, SWP9:

Bank stability, SWP10: Waterway modifications and SWP11: Flood levels, flows and velocities each provide opportunities to minimise and manage potential impacts to aquatic ecology.

Removal of planted trees, loss of canopy cover and adequacy of offsets

• Offsets for the loss of planted vegetation will occur at a 3:1 ratio.

• EP6 Landscape Plan provides the opportunity for stakeholders to provide further input into the open space plans.


Theme: Adequacy of survey effort

The conclusions made in both the technical report and the expert evidence are based on:

• Statewide data

• Locally sourced survey reports and AECOM field assessments

• Council and government agency reports

In my opinion the survey effort was sufficient to characterise the environment and the potential impacts.

Theme: Impacts on Stony Creek and reserves

• Potential conflict between the proposed Landscape Plan for Stony Creek and coastal saltmarsh and stands of mangroves.

• I have reviewed these submissions and concur that the existing Landscape Plan is not entirely consistent with the Stony Creek master plan.

• EP6 Landscape Plan provides the opportunity for stakeholders to provide further input into the open space plans


EPR’s raised by the IAC

51. Consideration of an EPR for light spillage for potential impacts to fauna during the operation of the project.

Response:• Technical Report F acknowledges that light spillage has been noted

to cause behavioural responses in some fauna groups (refer Section 5.3.5, Technical Report F).

• EPRs were developed to address potential impacts, specifically:• LVP3 contains a requirement to ‘minimise light spillage during

construction to protect the amenity of adjacent surrounding neighbourhoods, parks and community facilities’.

• EP4 also has measures to ‘minimise lighting impacts in known fauna habitats’, again focussed on the construction period.

• Given the projects operational life is significantly longer than its construction period I believe it warranted to consider either the amendment of an existing EPR to address light spillage during operation on known fauna habitat.

Ecology August 16, 2017

EPR’s raised by the IAC

52. Consideration of an EPR for shading (>50%) on vegetation and native fauna habitats during operation of the project.

Response:

• In consideration of an EPR for shading (>50%) on vegetation and native fauna habitats during operation it should be recognised that the project has acknowledged impacts from shading and has proposed to offset all vegetation (indigenous and planted) lost due to shading.

• I don’t believe shading will materially impact fauna during operation and overhead structures have been shown to have both positive and negative impacts on fauna.

• Given this I don’t believe it necessary to create a new EPR to address shading during operation.

Ecology August 16, 2017

Thank You

Cameron Miller

August, 2017

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