Jervis Bay Regional Alliance PO BOX 21 VINCENTIA 2540

Committee Secretary Senate Standing Committees on Environment and Communications Department of the Senate PO Box 6100 Parliament House ACT 2600 [email protected]

10th September 2018

Re: Submission to the Senate Inquiry into Australia’s Faunal Extinction crisis

Dear Sir/Madam,

The Jervis Bay Regional Alliance (JBRA) is an environmental advocacy group covering the coast from to Sussex Inlet and the catchments and ecosystems of Lake Wollumboola, Jervis Bay and St Georges Basin. The JBRA’s charter includes advocacy for environmental, social and cultural heritage, as well as visual quality of the coast. Sound planning decisions at all levels of government are key areas of concern for our group. We appreciate the opportunity to make a submission to the Senate Inquiry into Australia’s Faunal Extinction crisis. We do not make comment on every element of the Terms of Reference, rather those that are of particular concern to our group and our area of interest. We make a number of recommendations below.

Recommendations 1. The restoration of national leadership in environmental protection is vital in light of recent weakening of environment laws in Queensland and NSW (though we recognise that progress has been made in restoring some oversight in the case of Queensland). The federal government must increase its capacity to act in the national interest. 2. The federal government should act to ensure that actions undertaken by the three tiers of government are consistent and complementary. This will require guidance and financial support in order to protect fauna and fauna habitat. 3. The federal government must strengthen national environment law to better protect nature in the face of increasing habitat loss from urban development, land clearing and logging. 4. We support calls from the Places You Love Alliance to establish an independent National Sustainability Commission and an independent National Environmental Protection Authority. 5. We urge the federal government to prioritise rapidly expanding the National Reserve System in order to prevent further fragmentation and degradation of habitat and to help wildlife adapt to climate change and present some local priorities.

a) The ongoing decline in the population and conservation status of Australia's nearly 500 threatened fauna species

Members of our group have witnessed declines of Australian fauna over time in our local area. Yellow-bellied gliders used to be widespread in the Jervis Bay area but are much less common now, while the greater glider is now extinct in the Commonwealth Booderee National Park (Lindenmayer et al. 2011). We contend that there has been a poor history of local government development consents that have inadequately considered the long-term needs of fauna in regards habitat

1 retention and connectivity that have contributed to the declines in yellow-bellied gliders and which make natural recolonization of Booderee National Park by greater gliders difficult.

We note that intact high conservation value forest (the forests in the Jervis Bay area are part of the ‘Forests of Eastern Australia’ Global Biodiversity Hotspot) is being cleared on an ongoing basis in Vincentia for the Bayswood development, and that Bayswood and the Vincentia Marketplace development are situated in an area of extremely high conservation value—identified as a Key Biodiversity Area by BirdLife Australia. For example, the Marketplace involved the removal of eastern bristlebird habitat. Eastern bristlebirds are listed as endangered under the Environment Protection and Biodiversity Conservation Act (EPBC Act), and the national recovery plan states that “further loss or degradation of any habitat that supports the eastern bristlebird is deemed significant”. This example highlights the need for the federal government to have robust means to act in the national interest.

c) The international and domestic obligations of the Commonwealth Government

We highlight ongoing development pressures in the Lake Wollumboola catchment (the Long Bow Point and West Culburra development proposals) as an example of how actions on a local level have implications for Australia’s international obligations. Lake Wollumboola provides critical habitat for many bird species. Lake Wollumboola is listed as a Key Biodiversity Area by BirdLife Australia for this reason. Over 100 species of birds have been recorded at the Lake, with substantial numbers (~20,000) being counted in a single event. It hosts species of migratory bird that are the subject of international agreements with Japan, China and South Korea. The Australian government must therefore ensure that it has the means to act in order to meet its international responsibilities to ensure the protection and conservation of species subject to these agreements.

d) The adequacy of Commonwealth environment laws in providing sufficient protections for threatened fauna and against key threatening processes

Our local area offers an example of an occasion in which the federal EPBC Act has been effective in protecting land and fauna of high conservation value. A Shoalhaven City Council proposal to rezone and develop the ‘Heritage Estates’, situated to the west of Naval College Road between and was rejected by the then federal environment minister Peter Garrett in March 2009 on the basis of impacts on threatened species (the eastern bristlebird and leafless tongue orchid) and Commonwealth land (via fragmenting the east-west habitat corridor and impacting the flora and fauna values).

However, the recent acceleration of land clearing (a Key Threatening Process) in Queensland and NSW and associated impacts on threatened fauna demonstrate that the federal government is often either not willing or not able to protect threatened fauna and address KTPs. Proposals for a motor sports complex at , just outside Nowra, highlight the need for federal oversight to prevent loss of high-value native vegetation: the proposal would result in the clearing of 47 hectares of forest, including some areas of old-growth, and impact upon 28 threatened fauna species according to the Office of Environment and Heritage.

Case study: the NSW Integrated Forestry Operations Approval and Regional Forest Agreements New Integrated Forestry Operation Approvals (IFOAs) being currently considered by the NSW government, will lower protection to several federally listed threatened species and will exacerbate at least three NSW key threatening process: the loss of hollow-bearing trees (NSW Scientific Committee 2007); the invasion, establishment and spread of Lantana (Lantana camera) (NSW

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Scientific Committee 2006) and Forest eucalypt dieback associated with over-abundant psyllids and Bell Miners, or bell-miner associated dieback (BMAD) (NSW Scientific Committee 2008).

Greater gliders were listed as vulnerable under the EPBC Act in May 2016. The Australian government conservation advice for greater gliders (Australian Government Department of Environment 2016) clearly identifies loss of habitat and habitat fragmentation from native forest logging operations as a threat. However, despite the listing requiring a recovery plan, no plan has yet been developed. The NSW government is therefore currently considering new IFOA in isolation of the impacts on greater gliders.

Swift parrots and regent honeyeaters are both listed as critically endangered under the EPBC Act. Both regent honeyeater and swift parrot are priority species under the federal Threatened Species Strategy. The swift parrot has a 31% chance of extinction within the next 20 years, and the regent honeyeater a 57% chance (Geyle et al. 2018). The National Recovery Plan for swift parrots proposes the retention of all trees equal to or greater than 60cm diameter as well as at least five trees per hectare of a variety of other age classes. The proposed IFOA does not conform to this recommendation, as the maximum size beyond which a tree is protected from logging under the proposed IFOA is 140cm diameter, or 160cm in the case of blackbutt and alpine ash. The National Recovery Plan for regent honeyeater identifies all remaining breeding and foraging habitat as critical to the species survival. This habitat includes forests that are to be subjected to increased logging intensity via the new IFOA. It is clear that the Regional Forest Agreements (RFAs) have not resulted in the implementation of Ecologically Sustainable Forest Management, supposedly the mechanism by which logging would occur while maintaining environmental assets, and have not resulted in the states providing equivalent protection to federally-listed species (Feehely et al. 2013). This is evidenced in declines of a wide range of forest specialist species such as greater gliders (Australian Government Department of Environment 2016), large forest owls (Department of Environment and Conservation (NSW) 2006 and koalas (Adams-Hosking et al. 2016).

The federal government should act to ensure that state activities that are to take place under accreditation of federal environment law, as per the RFAs, are consistent with that law. The RFAs are clearly failing as a mechanism to protect native fauna through logging operations and, in NSW, public oversight is not possible as there is no ‘third party standing’.

f) The adequacy of the management and extent of the National Reserve System, stewardship arrangements, covenants and connectivity through wildlife corridors

Although we are supportive of covenants and other effective conservation mechanisms, we note that protecting land in a formal reserve is the most secure form of protection. For example, local government environment zones are vulnerable to political whim and opposition from private interests and State Environment Planning Policies (SEPPs) may not function as intended. We again use the example of the case of the Heritage Estates when Shoalhaven City Council proposed to rezone and develop high conservation value land despite the negative environmental impacts. In this instance, the federal government was able to intervene and the Heritage Estates are gradually being added to the National Reserve Network, delivering on a strategic priority in the NSW National Parks Establishment Plan (Department of Environment and Climate Change NSW 2008). In 2015 changes to north coast E-zones, driven by the NSW government, watered down the ability of local governments to zone lands for environmental conservation and environmental management (EDO NSW 2015). SEPP 44 (koala habitat protection), despite being in existence for 23 years has been inconsistently applied (many councils still do not have a koala plan of management), has been

3 under review since 2016 and its effectiveness in protecting koala habitat from development is in doubt. Conservation covenants are an effective conservation mechanism because a covenant is perpetual, but we have concerns that stewardship agreements that are not perpetual remain vulnerable to reversal in future, wasting any conservation investment. It is alarming that the NSW government is proposing the ‘remapping and rezoning’ of old-growth and rainforest protected in the informal reserve system in the production forest landscape. These areas are protected in Forest Management Zones, but are still included as part of the Comprehensive, Adequate and Representative Reserve Network and are therefore part of the National Reserve System. The NSW Natural Resources Commission recommended the remapping and rezoning as a means to overcome a timber shortfall, justified by inaccurate mapping. However, this ignores the fact that, because these areas have not been logged for a minimum of 20 years, they are likely to have significant conservation value, regardless of definition. It is extremely disappointing that such areas are proposed to be logged, as this casts doubt upon the security of all informal conservation areas in the production forest estate, and therefore the long-term security of the National Reserve System. We urge the federal government to support the state governments to protect and rapidly expand the reserve network, and the bodies tasked with managing the reserve network (in the case of NSW the National Parks and Wildlife Service, NPWS). This is urgent to protect fauna habitat from continued loss and fragmentation from urban development, clearing and logging. In our area of interest, managing threats from increasing tourism is extremely important: our members frequently see inappropriate activities occurring in national parks (for example dog walking) and believe that the NPWS does not currently have capacity to manage the volume of visitors.

Prioritisation should be given to areas most at risk from clearing, east-west corridors to ensure altitudinal connectivity, climate refugia and threatened species habitat. Our group, has proposed several new reserves for the local area that we would like to see progressed:

1. Extension to Jervis Bay and National Park

We propose that Currambene, Nowra and State Forests be added to Jervis Bay National Park, and the northern part of Yerriyong State Forest be added to Jerrawangala National Park to improve the adequacy of the local reserve network—particularly via increasing connectivity and protecting threatened species. We highlight the fact that, according to Map 5 on page 276 of the 10 and 15-year NSW RFA review documents, Currambene, Nowra and Tomerong State Forests are reserved entirely by either prescriptions or as informal reserves, while approximately 20% of the northern part of Yerriyong is reserved by prescription. We therefore contend that reductions in timber supply would be negligible, and the transfer of management to the National Parks and Wildlife Service would further conservation outcomes as that agency, unlike Forestry Corporation, has conservation as its primary goal. All areas are small. Tomerong is approximately 200 hectares and the northern section of Yerriyong approximately 1000. The combined area of the contiguous Currambene and Nowra State Forests is 2200ha. Yet all areas are strategically important additions to the state reserve network to consolidate the east—west link between the coast and the hinterland (see map below), as identified as a priority in the NSW National Parks Establishment Plan. Inclusion of Currambene State Forest, which includes part of the Lake Wollumboola catchment, would assist in protecting the water quality of this internationally significant, highly sensitive coastal lake. The additions of these areas would significantly enhance connectivity values. Tomerong is adjacent to Woolamia Nature Reserve, and the relevant section of Yerriyong is bordered to the north by Parma Creek Nature Reserve and to the south by Jerrawangala National Park. Nowra and

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Currambene State Forests abut the western extent of the northern portion of Jervis Bay National Park and Saltwater Swamp Nature Reserve to the north. These additions are all included in the Illawarra to Shoalhaven Great Eastern Ranges corridor, specifically the Tomerong and Currambene focal corridors. We would also like to see a satisfactory resolution to ongoing development threats to private land in the Lake Wollumboola catchment, and support the Lake Wollumboola Protection Association’s efforts in this regard. All areas contain multiple records of national and state-listed fauna threatened species including yellow-bellied glider; greater glider (recently EPBC listed); masked owl; sooty owl; powerful owl; glossy-black cockatoo; spotted-tail quoll; and green and gold bell-frog. The Jervis Bay area is contained within the global biodiversity hotspot, Forests of East Australia and is home to highly localised species such as the eastern bristlebird. It is also one of the most visited areas in the state of NSW due to its natural beauty. It is our contention that the overwhelming importance of the flora and fauna of the area to the local economy justifies the attention and funds that the NPWS has devoted to the area. These additions are reasonably simple, yet logical and important additions to a key National Park and in keeping with the National Parks Establishment Plan.

The locations of Nowra, Currambene, Tomerong and the northern section of Yerriyong State Forests (light green) relative to the protected area network (dark green) in the Jervis Bay area. Note there are vegetated tracts of Crown Land subject to land claims to the south of Currambene State Forest which means north-south connectivity is currently high. 2. Morton-Colymea-Parma-Jerrawangala links proposal

This is a proposal to reserve under the NP&W Act all of the remaining Vacant Crown Land between Morton National Park, Colymea State Conservation Area, Parma Creek Nature Reserve and

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Jerrawangala National Park situated on the western side of the , south west of Nowra. The northern section of Yerriyong State Forest is a key link to the Jervis Bay area. The relevant parks and Crown land are identified in the map below. The extensive area of Crown land constitutes the major part of the corridor referred to in the NSW National Parks Establishment Plan 2008 as one of its statements of intent, ie, “Consolidating the existing east-west coast-to-ranges corridor near Jervis Bay”. In recognition of the importance of the Crown land identified in the map, the area linking Colymea SCA and Parma Creek NR east of Deans Gap Road and the area north of Road linking Colymea SCA and Morton NP is identified by Shoalhaven City Council in its 2014 LEP as significant vegetation and habitat corridor. To put this proposal in a historic context, the rugged Yarramunmun Creek and Boolijong Creek catchments were referenced by the NP&WS in the 1970s as additions to Morton NP. In anticipation of the proposed additions, four blocks of freehold land were purchased and reserved in the 1970s as outliers of Morton NP. Biodiversity Values of the Linking Crown Land Forest types Barratt (1999) listed 19 forest types in public lands between Morton and Jervis Bay National Parks and noted that “Interspersed amongst these forest types are a range of dry and wet heaths, scrubs and sedgelands”. Threatened Animal Species Threatened animal species include: Hooded Robin (Vulnerable – NSW), Scarlet Robin (Vulnerable – NSW), Pink Robin (Vulnerable – NSW), Little Lorikeet (Vulnerable – NSW), Turquoise Parrot (Vulnerable – NSW), Gang-gang Cockatoo (Vulnerable – NSW), Glossy-black Cockatoo (Vulnerable – NSW), Powerful Owl (Vulnerable – NSW), Sooty Owl (Vulnerable – NSW), Barking Owl (Vulnerable – NSW), Square-tailed Kite (Vulnerable – NSW), Striated Fieldwren (Endangered – NSW), Varied Sittella (Vulnerable – NSW), Giant Burrowing Frog (Vulnerable – NSW/Aus), Little-john’s Tree Frog (Vulnerable – NSW/Aus), Rosenberg’s Goanna (Vulnerable – NSW), Broad-headed Snake (Endangered – NSW, Vulnerable – Aus), Grey-headed Flying Fox (Vulnerable – NSW/Aus), Large-eared Pied Bat (Vulnerable – NSW/Aus), Eastern Bentwing Bat (Vulnerable – NSW), Eastern Freetail Bat (Vulnerable – NSW), Yellow-bellied Glider (Vulnerable – NSW), Eastern Pygmy Possum (Vulnerable – NSW), Southern Brown Bandicoot (Endangered – NSW/Aus), Koala (Vulnerable – NSW/Aus), Brush-tailed Rock-wallaby (Endangered – NSW, Vulnerable – Aus). Spotted-tailed Quoll (Vulnerable – NSW, Endangered – Aus), White-footed Dunnart (Vulnerable – NSW).

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Map of the proposed Morton-Colymea-Parma-Jerrawangala links proposal. The northern section of Yerriyong State Forest to the east is incorporated in the ‘Extensions to Jervis Bay and Jerrawangala’ proposal.

We are happy to discuss any aspect of this submission.

Yours sincerely,

Dr Oisín Sweeney, President, Jervis Bay Regional Alliance

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References Adams-Hosking C, et al. 2016. Use of expert knowledge to elicit population trends for the koala (Phascolarctos cinereus). Diversity and Distributions 22:249-262. Australian Government Department of Environment. 2016. Conservation Advice: Petauroides volans - Greater Glider, Available from http://www.environment.gov.au/biodiversity/threatened/species/pubs/254-conservation- advice-20160525.pdf (accessed 29th June 2016). Department of Environment and Climate Change NSW. 2008. National Parks Establishment Plan 2008: directions for building a diverse and resilient system of parks and reserves under the National Parks and Wildlife Act, . Available from http://www.environment.nsw.gov.au/resources/protectedareas/0852npestplan.pdf. Department of Environment and Conservation (NSW). 2006. Recovery Plan for the Large Forest Owls: Powerful Owl (Ninox strenus), Sooty Owl (Tyto tenebricosa) and Masked Owl (Tyto novaehollandiae), Sydney. Available from http://www.environment.nsw.gov.au/resources/nature/TSRecoveryPlanForestOwls.pdf (accessed 6th June 2017). EDO NSW. 2015. Northern Councils E Zone Review Final Recommendations Report. A new approach to North Coast environmental zones. EDO NSW Briefing Note - December 2015, Available from https://d3n8a8pro7vhmx.cloudfront.net/edonsw/pages/2477/attachments/original/144944 2234/151203 E zones Briefing Note.pdf?1449442234. Feehely J, Hammond-Deakin N, Millner F. 2013. One Stop Chop: How Regional Forest Agreements streamline environmental destruction, Melbourne. Available from https://envirojustice.org.au/sites/default/files/files/Submissions%20and%20reports/One St op Chop.pdf. Geyle HM, et al. 2018. Quantifying extinction risk and forecasting the number of impending Australian bird and mammal extinctions. Pacific Conservation Biology:-. Lindenmayer DB, Wood JT, McBurney L, MacGregor C, Youngentob K, Banks SC. 2011. How to make a common species rare: A case against conservation complacency. Biological Conservation 144:1663-1672. NSW Scientific Committee. 2006. Lantana camara - key threatening process listing, Available from http://www.environment.nsw.gov.au/determinations/LantanaKtp.htm (accessed 14th July 2015). NSW Scientific Committee. 2007. Loss of hollow-bearing trees - key threatening process determination, Available from http://www.environment.nsw.gov.au/determinations/lossofhollowtreesktp.htm (accessed 8th January 2015). NSW Scientific Committee. 2008. Forest eucalypt dieback associated with over-abundant psyllids and Bell Miners, Available from http://www.environment.nsw.gov.au/determinations/bellminerfd.htm (accessed 14th July 2015).

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