6280 Great Ocean Road, Apollo Bay: Flora and fauna assessment - Prepared for Beveridge Williams 6 January 2020 - Colac Otway Shire
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6280 Great Ocean Road, Apollo Bay: Flora and fauna assessment Prepared for Beveridge Williams 6 January 2020
Biosis offices Document information
NEW SOUTH WALES Report to: Beveridge Williams
Albury Prepared by: Joshua Howard
Phone: (02) 6069 9200
Email: albury@biosis.com.au Biosis project no.: 30972
File name: 30972. 6280 Great Ocean Road. FFA.FIN. 20200106
Newcastle
Phone: (02) 4911 4040 Citation: Biosis 2020. 6280 Great Ocean Road, Apollo Bay.
Email: newcastle@biosis.com.au
Report for Beveridge Williams. Authors: Howard, J.
Biosis Pty Ltd, Ballarat. Project no. 30972
Sydney
Phone: (02) 9101 8700
Email: sydney@biosis.com.au
Document control
Western Sydney
Phone: (02) 9101 8700
Email: westernsydneyoffice@biosis.com.au
Version Internal reviewer Date issued
Draft version 01 MSG 13/12/2019
Wollongong
Phone: (02) 4201 1090 Final version 01 MSG 6/01/2020
Email: wollongong@biosis.com.au
Acknowledgements
VICTORIA
Biosis acknowledges the contribution of the following people and
Ballarat organisations in undertaking this study:
Phone: (03) 5304 4250
Email: ballarat@biosis.com.au • Beveridge Williams: Bernard Stewart
Melbourne (Head Office) • Department of Environment, Land, Water and Planning for access to
Phone: (03) 8686 4800
the Victorian Biodiversity Atlas and Native Vegetation Information
Email: melbourne@biosis.com.au
Tools
Wangaratta
Phone: (03) 5718 6900
• Department of the Environment and Energy for access to the
Email: wangaratta@biosis.com.au Protected Matters Search Tool of the Australian Government
Biosis staff involved in this project were:
• John Muchan (assistance in the field)
• Anne Murray (mapping)
• Matt Gibson (quality assurance)
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 2020 - Leaders in Ecology and Heritage Consulting - www.biosis.com.au i
Contents
Summary .................................................................................................................................................................... 1
1. Introduction .................................................................................................................................................... 5
1.1 Project background .............................................................................................................................................5
1.2 Scope of assessment ..........................................................................................................................................5
1.3 Location of the study area .................................................................................................................................5
2. Methods ........................................................................................................................................................... 7
2.1 Database review...................................................................................................................................................7
2.2 Definitions of significance ..................................................................................................................................8
2.3 Determining likelihood of occurrence of significant species .....................................................................8
2.4 Site investigation ..................................................................................................................................................8
2.4.1 Flora assessment .....................................................................................................................................8
2.4.2 Fauna assessment ...................................................................................................................................9
2.4.3 Permits .......................................................................................................................................................9
2.5 Qualifications ..................................................................................................................................................... 10
2.6 Legislation and policy ....................................................................................................................................... 10
2.7 Mapping .............................................................................................................................................................. 10
3. Results ............................................................................................................................................................ 11
3.1 Vegetation and fauna habitat ........................................................................................................................ 11
3.2 Landscape context............................................................................................................................................ 13
3.3 Significant species and ecological communities ........................................................................................ 13
3.3.1 EPBC Act and FFG Act listed species ................................................................................................. 13
3.3.2 DELWP advisory list of rare and threatened species .................................................................... 13
3.3.3 Significant ecological communities ................................................................................................... 14
3.4 Further survey recommendations ................................................................................................................ 14
4. Biodiversity legislation and government policy ..................................................................................... 16
4.1 Commonwealth................................................................................................................................................. 16
4.1.1 Environment Protection and Biodiversity Conservation Act 1999 ............................................. 16
4.2 State ..................................................................................................................................................................... 17
4.2.1 Flora and Fauna Guarantee Act 1988 (FFG Act) .............................................................................. 17
4.2.2 Catchment and Land Protection Act 1994 (CaLP Act) ................................................................... 17
4.2.3 Planning and Environment Act 1987 (incl. Planning Schemes)................................................... 18
4.2.4 Fisheries Act 1995 ................................................................................................................................. 19
4.2.5 Environment Protection Act 1970: State Environmental Protection Policy (Waters)
2018.......................................................................................................................................................... 19
5. Victoria's Guidelines for the removal, destruction or lopping of native vegetation ....................... 20
5.1 Proposed removal of native vegetation....................................................................................................... 21
5.1.1 Habitat hectares .................................................................................................................................... 21
© Biosis 2020 – Leaders in Ecology and Heritage Consulting ii
5.2 Determining the assessment pathway ........................................................................................................ 25
5.3 Offset requirements......................................................................................................................................... 25
5.4 Proposed offset strategy ................................................................................................................................. 26
6. Key ecological values and recommendations ......................................................................................... 27
References ................................................................................................................................................................ 29
Appendices ............................................................................................................................................................... 30
Appendix 1 Flora ........................................................................................................................................... 31
Appendix 2 Fauna ......................................................................................................................................... 36
Appendix 3 Photos of the study area........................................................................................................ 56
Appendix 4 Vegetation impact assessment results ............................................................................... 62
Appendix 5 Native Vegetation Removal Report ..................................................................................... 66
Tables
Table 1 Criteria for determining significance of species & ecological communities .................................... 8
Table 2 Summary of vegetation and habitat types within the study area ................................................... 12
Table 3 Assessment of project in relation to the EPBC Act ............................................................................ 16
Table 4 Habitat hectares of native vegetation within the study area ........................................................... 22
Table 5 Habitat hectare conversion for scattered trees within the study area........................................... 23
Table 6 Summary of DELWP Native Vegetation Removal Report ................................................................. 25
Table 7 Summary of key ecological values, potential implications of developing the study area
and recommendations to minimise ecological impacts during the design phase. ...................... 27
Figures
Figure 1 Location of the study area – 6280 Great Ocean Road, Apollo Bay, Victoria .................................... 6
Figure 2 Ecological features of the study area, Victoria ................................................................................... 15
Figure 3 Vegetation removal................................................................................................................................ 24
Photos
Photo 1 Swamp Scrub - Habitat Zone 1; Looking approximately south (see Figure 2). .............................. 56
Photo 2 Swamp Scrub - Habitat Zone 2; looking approximately south-east (see Figure 2). ...................... 56
Photo 3 Wet Forest – Habitat Zone 3; looking approximately south-east (see Figure 2)............................ 57
Photo 4 Swamp Scrub – Habitat Zone 4; looking approximately east (see Figure 2). ................................. 57
Photo 5 Wet Forest – Habitat Zone 5; looking approximately south (see Figure 2). ................................... 58
Photo 6 Wet Forest– Habitat Zone 6; looking approximately west (see Figure 2). ...................................... 58
Photo 7 Wet Forest– Habitat Zone 7; looking approximately north (see Figure 2). .................................... 59
Photo 8 Wet Forest– Habitat Zone 8; looking approximately east (see Figure 2). ....................................... 59
Photo 9 Swamp Scrub – Habitat Zone 9; looking approximately east (see Figure 2). ................................. 60
© Biosis 2020 – Leaders in Ecology and Heritage Consulting iii
Photo 10 Exotic grassland– dominated most of the study area; looking approximately east (see
Figure 2)................................................................................................................................................... 60
Photo 11 Overview of study area–looking approximately south-east (see Figure 2). .................................. 61
Photo 12 Wetland in the north-east of the study area; photo taken 2010 (see Figure 2). .......................... 61
© Biosis 2020 – Leaders in Ecology and Heritage Consulting iv
Summary
Biosis Pty Ltd was commissioned by Beveridge Williams to undertake a flora and fauna assessment of an area
of land proposed for subdivision. The study area is located in predominately agricultural land approximately
2.5 kilometres north-east of Apollo Bay, immediately north of the existing Apollo Bay township boundary.
Ecological values
Key ecological values identified within the study area are as follows:
• 2.81 hectares of native vegetation. The highest quality areas of native vegetation were five patches of
Wet Forest EVC equating to 2.64 ha in area and containing 30 large trees. The patches of Wet Forest
were located in the western section of the study area and will not be impacted by the proposed
development. The study area also contained five small dam/wetland areas, 0.17 ha of Swamp Scrub
EVC and five scattered remnant trees.
• One patch of Swamp Scrub (HZ4) is located in the Otway Ranges Bioregion and is classified as
endangered in this Bioregion. The patches of Wet Forest EVC are classified are classed as least
concern and the patches of Swamp Scrub in the Otway Plain Bioregion are considered to be
vulnerable.
• Potential habitat for 20 flora and fauna species listed under the EPBC Act or FFG Act (the majority of
these species would be found in patches of Wet Forest or wetland/dams and are unlikely to be
impacted by the proposed development).
Government legislation and policy
An assessment of the project in relation to key biodiversity legislation and policy is provided and summarised
in the table below.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 1
Legislation / policy Relevant ecological feature Permit / approval Notes
on site required
EPBC Act Potential habitat for 11 fauna Referral not Most of these species (if present)
species. recommended occur in patches of wet forest which
will not be impacted by
development.
Potential Growling Grass Frog Referral not There is an existing large wetland to
habitat on site. recommended the north east of the site which
should be fenced during the
construction of the drainage reserve
and water from the reserve should
not be channelled directly into the
wetland. There is also another dam
to the south mapped as habitat zone
9 which is proposed to be part of an
open space area. As long as these
two wetlands are not impacted by
development and the
recommendations outlined in this
report are followed there should be
no impacts to this species.
FFG Act Potential habitat for seven Protected Flora Permit Site is private land.
fauna species and two flora not required.
species.
Planning & All indigenous vegetation to Planning permit Permit application needs to address
Environment Act be removed. required to lop or provisions of BMO, SLO3, SLO5 and
remove native EMO1.
vegetation.
CaLP Act Three noxious weeds N/A Comply with requirements to
control/eradicate.
Fisheries Act Dams/ wetlands Providing that none of Follow recommendations outlined in
the dams/ wetlands in this report.
the study area are
impacted the potential
for protected aquatic
biota to be injured,
damaged or destroyed
is considered to be
negligible and no
permit is required
from DELWP.
SEPP (Waters) Dams/ wetlands N/A Comply with EPA requirements
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 2
Guidelines for the removal, destruction or lopping of native vegetation (the Guidelines)
Based on the current design, the proposed development will require the removal of 0.261 hectares of native
vegetation, including two large trees, from within location category 1. Therefore, the planning permit
application will be assessed on the intermediate assessment pathway. The strategic biodiversity value score
of the native vegetation to be removed is 0.4488.
The steps that have been taken during the design of the development to ensure that impacts on biodiversity
from the removal of native vegetation have been minimised include:
• Avoiding higher quality areas of remnant Wet Forest native vegetation to the western section of the
site.
• Locating temporary site storage and compounds on existing disturbed land to minimise impacts to
native vegetation.
• Incorporating open space and drainage reserves around existing wetland areas to avoid impacting
these areas.
If a permit is granted, the offset requirements would be 0.066 general habitat units. The general offset must
be within the Corangamite Catchment Management Authority (CMA) area or the Colac Otway Shire Council,
and must have a minimum strategic biodiversity value score of 0.359.
The proponent will purchase the offset credits from the Victorian native vegetation credit register. An online
search of the Native Vegetation Credit Register on 12th December 2019 indicates that there are four offset
sites available to purchase that meet the offset requirements stated above.
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.
From our understanding the wetlands/dams will be incorporated into open space areas or drainage reserves
and should not be impacted by development.
To ensure that ecological impacts to the wetland/dam areas are minimised it is recommended that:
• The areas around the proposed drainage reserve/open space areas should be fenced during
construction to avoid any accidental impacts on the adjacent wetlands. The existing wetlands/dams
should be designated as “no-go” areas and preserve as natural wetlands and a feature of the
development.
• Water from the drainage reserves should not be channelled or otherwise directed into the existing
wetland/dams to avoid contamination by fertiliser or any other pollutants from the development.
If any of the wetlands/dams in the study area will be impacted by development then targeted surveys are
recommended for Growling Grass Frog to resolve presence/absence of the species and distribution within
the study area. This will then inform the design process further.
Other recommendations to protect/enhance biodiversity within the study area include:
• Control noxious weeds within the study area including Spear Thistle Cirsium vulgare, Blackberry Rubus
fruticosus spp. agg. and Ragwort Senecio jacobaea.
• Retain scattered Southern Blue-gum trees where possible.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 3
• Undertake re-vegetation of the western slope area with indigenous species suited to Wet Forest EVC
and undertake revegetation of the two ephemeral drainage lines. Revegetation in these area would
enhance biodiversity values and decrease the risk of erosion.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 4
1. Introduction
1.1 Project background
Biosis Pty Ltd was commissioned by Beveridge Williams to undertake a flora and fauna assessment of an area
of land proposed for subdivision. The study area has previously been assessed by Biosis in 2010 and again in
2016. Due to an updated design plan produced by Beveridge Williams on 26/8/19 (Drawing No. 331, Version
36) and request for updated information from Colac Otway Shire the findings of the previous assessments
have been re-assessed on 2 December 2019 and updated in this report.
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.
• Conduct a vegetation quality assessment.
• Review the implications of relevant biodiversity legislation and policy, including Victoria’s Guidelines
for the removal, destruction or lopping of native vegetation ('the Guidelines').
• Identify potential implications of the proposed development and provide recommendations to assist
with development design.
• Recommend any further assessments of the site that may be required (such as targeted searches for
significant species).
1.3 Location of the study area
The study area is located in predominately agricultural land approximately 2.5 kilometres north-east of Apollo
Bay (Figure 1). It encompasses approximately 41 hectares of private land. It is currently zoned Neighbourhood
Residential Zone and Rural Conservation Zone.
The study area is within the:
• Otway Plains and Otway Ranges Bioregions
• Otway Coast Basin
• Management area of Corangamite Catchment Management Authority (CMA)
• Colac Otway Shire local government area.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 5350
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Acknowledgement: VicMap Data ©State of Victoria
Gr
The Backwater
Figure 1 Location of the study area - 6280 Great
Biosis Pty Ltd
Albury, Ballarat, Melbourne,
Newcastle, Sydney, Wangaratta & Wollongong
Ocean Road, Apollo Bay, Victoria
Matter: 30972,
Date: 22 November 2019,
Checked by: JH, Drawn by: AEDM, Last edited by: amurray
Location:P:\30900s\30972\Mapping\30972_F1_Locality
0 250
Scale 1:25,000 @ A4, GDA 1994 MGA Zone 54
Metres
500 750 1,000
±2. Methods
2.1 Database review
In order to provide a context for the study area, information about flora and fauna from within 5 kilometres
of the study area (the ‘local area’) was obtained from relevant biodiversity databases, many of which are
maintained by the Victorian Government Department of Environment, Land, Water and Planning (DELWP) or
the Australian Government Department of the Environment and Energy (DoEE). Records from the following
databases were collated and reviewed:
• DELWP’s Victorian Biodiversity Atlas (VBA), including the ‘VBA_FLORA25, FLORA100 & FLORA
Restricted’ and ‘VBA_FAUNA25, FAUNA100 & FAUNA Restricted’ datasets
• DoEE’s Protected Matters Search Tool for matters protected by the Commonwealth Environment
Protection and Biodiversity Conservation Act 1999 (EPBC Act)
Other sources of biodiversity information were examined including:
• DELWP’s NatureKit mapping tool
• DELWP’s Habitat Importance maps
• DELWP’s Native Vegetation Information Management (NVIM) system
• DELWP's Native Vegetation Transitional Guidance team was provided with site-based spatial
information in order to generate a Native Vegetation Removal Report for the study area.
• Planning Scheme overlays relevant to biodiversity based on http://planningschemes.dpcd.vic.gov.au.
• Biosis Research 2010. 6280 Great Ocean Road, Apollo Bay: Flora and Fauna Assessment. Report to
Australian Tourism Investments No. 5 Pty Ltd. Authors: Miller, J. & Armistead, R. Biosis Research Pty
Ltd. Ballarat. Project no. 12355.
• Biosis 2015. 6280 Great Ocean Road, Apollo Bay: Ecological reassessment. Report to Australian Toursim
Investments No.5. Author: Miller, J. Biosis Pty Ltd. Ballarat. Project no. 19629
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 72.2 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 or vulnerable in Victoria on a DELWP Advisory List (DSE
2009; DSE 2013; 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.
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. The rationale for the rank assigned is provided for each species in Appendix 1
(flora) and Appendix 2 (fauna).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.
Only those species listed under the EPBC Act or listed as threatened under the FFG Act (hereafter referred to
as 'listed species') are assessed to determine their likelihood of occurrence. The habitat value for species
listed on the DELWP Advisory Lists is calculated by the Habitat Importance Modelling produced by DELWP
(DELWP 2017). Where DELWP Advisory List species are recorded in the study area this is noted in Appendix 1
(flora) and Appendix 2 (fauna).
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 2 December 2019 and a list of flora species was collected. 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 73.01).
The Guidelines classify native vegetation into two categories (DELWP 2017):
• A 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.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 8– An area with three or more native canopy trees where the drip line (i.e. the outermost
boundary of a tree canopy) of each tree touches the drip line of at least one other tree,
forming a continuous canopy.
– Any mapped wetland included in the Current wetlands map, available in DELWP systems and
tools.
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 a native canopy tree that does not form part of a 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 scattered tree is defined as either small or large, and is determined using the large tree benchmark for the
relevant EVC. The extent of a small scattered tree is the area of a circle with a 10 metre radius (i.e. 0.031
hectares), while the extent of a large scattered tree is a circle with a 15 metre radius (i.e. 0.070 hectares). A
condition score is applied to each scattered tree based on information provided by DELWP's NVIM.
A Vegetation Quality Assessment (VQA) was undertaken for all patches of native vegetation identified in the
study area. This assessment is consistent with DELWP's habitat hectare method (DSE 2004) and the
Guidelines (DELWP 2017). For the purposes of this assessment the limit of the resolution for identification of a
patch of native vegetation was taken to be 0.001 habitat hectares (Hha). That is, if a discrete patch native
vegetation was present with sufficient cover but its condition and extent would not have resulted in the
identification of at least 0.001 habitat hectares, the vegetation patch of vegetation was not mapped or
included in the assessment.
Species nomenclature for flora follows the Victorian Biodiversity Atlas (VBA).
2.4.2 Fauna assessment
A desktop fauna assessment was undertaken by a zoologist to assess the fauna habitat values of the study
area, and to determine the likelihood of significant fauna species occurring. The desktop fauna assessment
incorporated a review of database records of significant fauna species, along with photographs and
vegetation descriptions obtained during the flora assessment.
2.4.3 Permits
Biosis undertakes flora and fauna assessments under the following permits and approvals:
• Research Permit/Management Authorisation and Permit to Take/Keep Protected Flora & Protected
Fish issued by DELWP under the Victorian Wildlife Act 1975, Flora and Fauna Guarantee Act 1988 (FFG
Act), National Parks Act 1975 and Crown Land (Reserves) Act 1978 (Permit Number 10008711)
• Permit to catch and release fish issued by the Victorian Fisheries Authority under the Victorian
Fisheries Act 1995 (Permit Number RP 1220, Personal File Number 13041)
• Approvals 30.17 and 19.18 issued by the Wildlife and Small Institutions Animal Ethics Committee of
the Victorian Government Department of Economic Development, Jobs, Transport and Resources
(DEDJTR)
• Scientific Procedures Fieldwork Licence issued by DEDJTR’s Wildlife and Small Institutions Animal
Ethics Committee (Licence Number 20020).
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 92.5 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 early summer, which is an optimal time for survey.
During this time many of the flora species within the region contain flowering or fruiting bodies which aid
greatly in identification.
Native Vegetation Removal Reports are prepared through DELWP's NVIM system or requested through
DELWP's Native Vegetation Transitional Guidance team. Biosis supplies relevant site-based spatial
information as inputs to DELWP and we are entirely reliant on DELWP's output reports for all assessment
pathway applications. Biosis makes every effort to ensure site and spatial information entered into the NVIM,
or supplied to DELWP, is an accurate reflection of proposed native vegetation removal. The Native Vegetation
Removal Report can be viewed in Appendix 5.
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 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 FFG Act and
associated action statements and listing advice
• Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017)
• Planning and Environment Act 1987 – specifically Clauses 12.01-2, 52.17 and 66.02 and Overlays in the
Colac Otway Planning Scheme
• Noxious weeds and pest animals lists under the Catchment and Land Protection Act 1994 (CaLP Act)
• Fisheries Act 1995
• Environment Protection Act 1971: State Environmental Protection Policy (Waters) 2018.
2.7 Mapping
Beveridge Williams supplied aerial photography and site plans (Version no. 36 job no. 3313).
Mapping was conducted using hand-held GPS-enabled tablets and aerial photo interpretation. The accuracy
of this mapping is therefore subject to the accuracy of the tablets (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.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 103. 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 and fauna habitat The majority of the study area has been highly modified due to past land clearing for agriculture. Most of the study area has been significantly degraded and supports predominantly introduced vegetation that is of limited ecological value. Ecological features present within the study area are limited to relatively degraded patches of Wet Forest EVC, Swamp Scrub EVC and five small dam/wetland areas. These features are described further in Table 2 and mapped in Figure 2. The topography of the area is relatively steep ranging from roughly 5 – 150 metres above sea level. The rise in gradient from 5 metres to 50 metres is gradual but there is a sharp gradient from 50-150 metres above sea level resulting in very steep slopes to the west of the study area and a change in bioregion from Otway Plains to Otway Ranges. Due to the sudden increase in slope (>20%) there is an erosion management overlay from roughly the 40m contour line to the 150 metre contour line. This area could also be subject to landslides. There are five dam/wetlands within the study area and two major drainage lines. Photos are provided in Appendix 3. © Biosis 2020 – Leaders in Ecology and Heritage Consulting 11
Table 2 Summary of vegetation and habitat types within the study area
Vegetation or habitat type Description Location Significant values
Wet Forest EVC Canopy layer (where present) dominated by Southern Along drainage lines Eucalypts in these areas offer possible foraging
Blue-gum Eucalyptus globulus subsp. globulus, and higher elevations habitat for Swift Parrot Lathamus discolor and Grey-
understorey containing shrubs (such as Blackwood of the study area. headed Flying-fox Pteropus poliocephalus. Shrubs
Acacia melanoxylon, Tree Lomatia Lomatia fraseri and and understorey vegetation could provide habitat
Banyalla Pittosporum bicolor) and ferns (including Rough for Swamp Antechinus Antechinus minimus
Tree-fern Cyahtea australis and Mother Shield-fern maritimus, Spot-tailed Quoll Dasyurus maculatus
Polystichum proliferum). Ground cover consisting of few maculatus (SE mainland population), Southern
native herb species (Bidgee-widgee Acaena novae- Brown Bandicoot Isoodon obesulus obesulus, Long-
zelandiae) and highly invaded with introduced species nosed Potoroo Potorous tridactylus tridactylus,
such as Sweet Vernal Grass Anthoxanthum odoratum and Smoky Mouse Pseudomys fumeus and Broad-
Blackberrry Rubus fruticosus spp. agg. Represented by toothed Rat Mastacomys fuscus.
Habitat Zones 3, 5, 6, 7 and 8.
Swamp Scrub EVC Highly degraded patches of this EVC were present within Various locations Areas of Swamp scrub surrounding dams/wetlands
the study area, typically characterised by a ground layer throughout the study could provide potential habitat for Growling Grass
of Rushes Juncus spp., Bidgee-widgee and a high cover of area. Typically lower Frog Litoria raniformis.
exotic species. Represented by Habitat Zones 1, 2, 4 and elevations.
9.
Planted Native Species A number of specimens in the north-east corner of the North-east corner of Planted Eucalypts in this area could contain
study area have previously been assessed as planted the study area. potential habitat for Swift Parrot and Grey-headed
native Australian species. Flying-fox.
Dam/wetlands Areas of open water with varying amounts of Various locations Could provide potential habitat for Growling Grass
surrounding native vegetation. Areas of native vegetation throughout the study Frog, Australasian Bittern Botaurus poiciloptilus and
that constituted >25% cover of native perennial species area, typically lower Australian Painted Snipe Rostratula australis.
were mapped as Swamp Scrub EVC. elevations.
Exotic pasture Most of the study area was dominated by exotic pasture Majority of the study Minimal value for native species.
species such as Sweet Vernal Grass and Cocksfoot area.
Dactylis glomerata
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 123.2 Landscape context
The ecological values within the region are varied. Remnant forest lies to the west of the study area and to the
north along Wild Dog Creek. Areas of revegetation are present in surrounding properties to the north and
south. However, further to the north and south are the residential areas of Apollo Bay and Skenes creek with
cleared agricultural land between these two townships and the study area. The study area does not form part
of a notable wildlife corridor although mobile fauna species may utilise the large trees in the western section
of the study area.
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 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.
Areas of greatest value for significant species within the study area are:
• Wet Forest: potential habitat for eight EPBC Act fauna species including Grey-headed Flying-fox, Smoky
Mouse, Long-nosed Potoroo, Swift Parrot, Southern Brown Bandicoot, Spot-tailed Quoll and Swamp
Antechinus and Broad-toothed Rat. This EVC could also provide habitat for five FFG Act fauna listed
species including Otway Black Snail Victaphanta compacta, Powerful Owl Ninox strenua, Rufous Bristlebird
Dasyornis broadbenti and Grey Goshawk Accipiter novaehollandiae. One FFG Act listed flora species,
Slender Tree-fern Cyathea cunninghamii, could occur within patches of Wet Forest.
• Wetland/dams and surrounding Swamp Scrub vegetation: potential habitat for three EPBC Act listed
fauna species including Growling Grass Frog, Australasian Bittern and Australian Painted-snipe. Could
also provide potential habitat for three FFG Act fauna species including Eastern Great Egret Ardea alba
modesta, Plumed Egret Ardea intermedia plumifera and Swamp Skink Lissolepis coventryi. One FFG Act listed
flora species; Short Water-starwort Callitriche brachycarpa, could occur within the wetland/dams within
the study.
3.3.2 DELWP advisory list of rare and threatened species
To support decision making under the Guidelines, DELWP has produced maps for Victoria showing the
modelled extent of habitat for most listed rare or threatened species. These maps are called 'habitat
importance maps' 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 (DELWP 2017).
Under the Guidelines, these maps form the basis for determining the impact of potential native vegetation
removal on rare and threatened species. The maps only apply where a proposal to remove native vegetation
is considered on detailed assessment pathway. 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.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 133.3.3 Significant ecological communities
Three threatened ecologically communities listed under the EPBC Act were predicted to occur according to
the PMST:
• Assemblages of species associated with open-coast salt-wedge estuaries of western and central
Victoria ecological community.
• Giant Kelp Marine Forests of South East Australia.
• Natural Damp Grassland of the Victorian Coastal Plain.
None of these ecological communities were recorded during the site inspection.
No FFG Act listed communities were deemed to be present during the site inspection.
3.4 Further survey recommendations
From our understanding the wetlands/dams will be incorporated into open space areas or drainage reserves
and should not be impacted by development as long as the recommendations in this report are followed. If
the wetland areas are likely to be directly impacted then it is recommended that targeted surveys for
Growling Grass Frog be conducted. No further surveys are needed for species which could occur in patches of
Wet Forest as these areas will be not be impacted besides a few scattered trees at lower elevations.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 14Skenes Creek !
Apollo Bay
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Biosis Pty Ltd
Albury, Ballarat, Melbourne, Newcastle,
Sydney, Wangaratta & Wollongong
±
Matter: 30972,
Date: 12 December 2019,
Checked by: JH, Drawn by: AEDM, Last edited by: amurray
Location: P:\30900s\30972\Mapping\
Acknowledgements: Vicmap ©State of Victoria, Imagery - NearMap 2019 30972_F2_Ecofeatures.mxd4. 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 (MNES) 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.
MNES relevant to the project are summarised in Table 3. 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 3 Assessment of project in relation to the EPBC Act
MNES Project specifics Assessment against significant impact
guidelines
Threatened Four flora species and 52 fauna species Most of these species are not likely to occur and
species have been recorded or predicted to occur in development unlikely to constitute a significant
the project search area. The likelihood of impact on species that may occur within the study
these species occurring in the study area is area.
assessed in Appendix 1 (flora) and Appendix If the existing wetland/dams are not impacted and
2 (fauna). recommendations outlined in this report are
followed significant impacts to Growling Grass Frog
should be avoided (if present).
Threatened Three threatened ecological communities None of these communities were deemed to be
ecological have been recorded or predicted to occur in present during the field assessment.
communities the project search area.
Migratory species Forty two migratory species have been While some of these species would be expected to
recorded or predicted to occur in the use the study area on occasions, and some of
project search area (Appendix 2). 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 Development will not impact any Ramsar sites.
international within the catchment of any Ramsar sites.
importance
(Ramsar sites).
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 16On 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. Referral of the proposed action to the Australian Government Minister for the Environment to determine whether the action requires approval under the EPBC Act is therefore unlikely to be required. 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: https://www.environment.vic.gov.au/conserving-threatened-species/flora-and- fauna-guarantee-act-1988. Native vegetation on site is not a listed community, but does contain eight protected flora species (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 removal 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 (Table A1.1) and established pest animals are listed in Appendix 2 (Table A2.1). The land owner 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://agriculture.vic.gov.au/agriculture/pests-diseases-and-weeds. © Biosis 2020 – Leaders in Ecology and Heritage Consulting 17
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.
Of particular relevance to the development proposal are controls relating to the removal, destruction or
lopping of native vegetation contained within the Colac Otway Planning Scheme (the Scheme), including
permit requirements. The Scheme (Clause 73.01) defines ‘native vegetation’ as 'Plants that are indigenous to
Victoria, including trees, shrubs, herbs, and grasses'. It is an objective of Clause 12.01-2 of the State Planning
Policy Framework (Native Vegetation Management) that removal of native vegetation results in no net loss in
the contribution made by native vegetation to Victoria’s biodiversity.
Clause 52.17 (Native Vegetation) requires a planning permit to remove, destroy or lop native vegetation
including some dead native vegetation. Decision guidelines that must be considered by the referral or
responsible authority are contained in Section 7 of the Guidelines, and referred to in Clause 52.17-4. Clause
52.17 does not apply if a Native Vegetation Precinct Plan corresponding to the land is incorporated in the
Scheme. It should be noted that where native vegetation does not meet the definition of a patch or scattered
tree, 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.
Clause 65.02 requires consideration of native vegetation retention in a subdivision application and siting of
open space areas.
Under Clause 66.02 a permit application to remove, destroy or lop native vegetation is required to be referred
to DELWP as a recommending referral authority if any of the following apply:
• the class of application is on the detailed assessment pathway
• a property vegetation precinct plan applies to the site or
• the native vegetation is on Crown land occupied or managed by the Responsible Authority.
The need for a permit to remove native vegetation may also be triggered by four overlays within the Scheme.
The location of the overlays in relation to the study area can be determined via the following link:
https://mapshare.vic.gov.au/vicplan/. The provisions of the following overlays apply to the study area:
Bushfire Management Overlay (BMO) covers the northern and western sections of the study area. A permit
under this overlay is required to subdivide land and to construct a building or construct or carry out works
associated with the uses specified under the overlay. An application must also be accompanied by a bushfire
hazard site assessment, bushfire hazard landscape assessment and a bushfire management statement.
Significant Landscape Overlay (SLO3) covers the wester section of the study area above the 40m contour.
Under this overlay a permit is required to remove, destroy or lop any native vegetation unless it is dead or will
only be lopped by 20% or less.
Significant Landscape Overlay (SLO5) cover the north-east corner of the study area and a small area in the
centre of the study area between the 10-40m contours. Under this overlay a permit is required to remove,
destroy or lop any native vegetation unless it is dead or will only be lopped by 20% or less.
Erosion Management Overlay (EMO1) covers the north-east corner and western half of the study area. Under
this overlay a permit is not required to remove, destruct or lop any vegetation providing the roots below
ground level are retained. If the roots of any vegetation below ground level are to be removed then a permit
under this overlay will be required.
© Biosis 2020 – Leaders in Ecology and Heritage Consulting 18Victoria's Guidelines for the removal, destruction or lopping of native vegetation The Guidelines are incorporated into the Victoria Planning Provisions and all planning schemes in Victoria (DELWP 2017). The Guidelines replaced the previous incorporated document titled Permitted clearing of native vegetation – Biodiversity assessment guidelines (DEPI 2013) on 12 December 2017. 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 the guidelines in Victoria is 'No net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation'. 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 assessment pathways for assessing an application for a permit to remove native vegetation: basic, intermediate and detailed. A detailed determination of the assessment 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 intermediate assessment pathway. 4.2.4 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 that none of the dams/ wetlands in the study area are impacted the potential for protected aquatic biota to be injured, damaged or destroyed is considered to be negligible and no permit is required from DELWP. 4.2.5 Environment Protection Act 1970: State Environmental Protection Policy (Waters) 2018 The Environment Protection Act underpins the SEPP (Waters) which provides a legal framework for the protection and management of Victoria’s water environments, including surface waters, estuarine and marine waters and groundwater. The project may directly and/or indirectly impact upon two dams/wetlands and two drainage lines within the study area and their 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 to protect surface water values. Beveridge Williams 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. Link to further information: https://www.epa.vic.gov.au/about-us/legislation/water-legislation/water-related- policies. © Biosis 2020 – Leaders in Ecology and Heritage Consulting 19
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