Ecological Assessment Fern Bay Development, Nelson Bay Road Secondary Access

Prepared for Fern Bay No. 1 Pty Ltd C/O- Monteath and Powys Pty Ltd

Final V2 June 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

DOCUMENT STATUS

Project Particulars Project Name Ecological Assessment: Fern Bay Development, Nelson Bay Road Secondary Access Job Number 17025 Client Fern Bay No. 1 Pty Ltd C/O- Monteath and Powys Pty Ltd Status Final Version Date Prepared by Details V1 10/05/18 AC/BS/MD/PS Draft for client review V2 08/06/18 AC/BS/MD/PS Final for submission

Approval for use:

Matt Doherty - Director 08 June 2018

Disclaimer This document may only be used for the intended purpose for which it was commissioned by the client in accordance with the contract between MJD Environmental and client. This report has been prepared in response to an agreed scope and based on available data including that supplied by the client. It has been assumed that all supplied information is both accurate and current. This report, results and outcome are accurate at date of production and subject to change over time along with the legislative and policy framework under which it was prepared. MJD Environmental Pty Limited will not be liable or responsible whatsoever for or in respect of any use of or reliance upon this report and its supporting material by any third party. Unauthorised use of this report in any form whatsoever is prohibited.

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EXECUTIVE SUMMARY

MJD Environmental has been engaged by Monteath and Powys Pty Ltd on behalf of Fern Bay No. 1 Pty Ltd, to prepare an Ecological Assessment to accompany a development application for the proposed Nelson Bay Road secondary access for the Fern Bay Development, Fern Bay, NSW.

NSW Biodiversity Reforms - This assessment has been prepared with due regard to the transitional arrangements set out under the Biodiversity Conservation (Savings and Transitional) Regulation 2017 (Transitional Regulations). Under Part 7 clause 27 of the Transitional Regulations, the proposal is categorised as a pending or interim planning application pursuant to subclause (e) as the development application is anticipated to be lodged with the consent authority within an Interim Designated Area within the stipulated transition period from commencement of the NSW Biodiversity Reforms (25th August 2017), being before 24th November 2018. The advice recognises the relevant requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) as amended by the Environmental Planning and Assessment Amendment Act 1997 (EP&AA Act). Assessment is also made with regard to those threatened entities listed federally under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The ecological field assessment found: . 1.12ha of Swamp Mahogany – Paperbark Forest commensurate with the TSC ACT listed Endangered Ecological Community Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South-East Corner Bioregion; . 0.06ha of Swamp Oak Sedge Forest is commensurate with the TSC ACT listed Endangered Ecological Community Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions; . 0.58ha of Coastal Sand Apple – Blackbutt Forest; . One threatened forest owl species was recorded in the study area. The Powerful Owl (Ninox connivens) was heard and observed within the study area. The Powerful Owl is listed as Vulnerable under the TSC Act 1995; . The Squirrel Glider (Petaurus norfolcensis) and Common Planigale (Planigale maculata) both listed TSC Act Vulnerable were recorded on motion sensing cameras installed adjacent to the study area; . The Grey-headed Flying-fox (Pteropus poliocephalus) was recorded overflying the study area on several nights; . One threatened diurnal raptor species was recorded adjacent to and overflying the study area, being the White-bellied Sea-eagle (Haliaeetus leucogaster), which is listed as Vulnerable under the TSC Act 1995; . Three threatened microchiropteran bat species were recorded in the study area being the Little Bentwing-bat (Miniopterus australis), Eastern Bentwing-bat (Miniopterus australis) and Yellow-bellied Sheath-tailed Bat (Saccolaimus flaviventris). All are listed as Vulnerable under the TSC Act 1995; and . Assessment under the Port Stephens Council Comprehensive Koala Plan of Management (as replacement to SEPP 44) found that ‘Preferred Koala Habitat,’ ‘Supplementary Koala Habitat,’ ‘Habitat Buffer over Supplementary Koala Habitat,’ and ‘Habitat Linking Area’ over ‘Supplementary Koala Habitat’ are found within the study area. The proposal will result in direct and indirect impacts, including: . Removal of 1.12ha of Swamp Mahogany – Paperbark Forest; . Removal of 0.06ha of Swamp Oak Sedge Forest; . Removal of 0.45ha of Coastal Sand Apple – Blackbutt Forest; . Removal of 0.02ha Cleared Easement; . Removal of 0.32ha of No MU Degraded Road Verge and; . Removal of up to three hollow-bearing trees, however most likely only a single hollow bearing tree is expected to be removed;

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. Habitat fragmentation increased to a limited extent beyond existing levels of fragmentation caused by Nelson Bay Road and Seaside Boulevarde; and . Potential increased edge effects, increased risk of weeds establishing, increased risk of vehicle strike, and changes to water regimes and runoff quality.

The Port Stephens Council Comprehensive Koala Plan of Management supersedes SEPP44 in the Port Stephens Local Government Area. Assessment under the CKPoM found that Preferred Koala Habitat, Habitat Buffers, and Habitat Linking Areas occur on site. Mitigation measures have been recommended where impacts cannot be avoided. The implementation of these measures should reduce adverse impacts on ecological values of the site.

An ecological impact assessment and Seven-Part Test considered whether the removal of vegetation on site totalling 1.63ha of native vegetation, would constitute a significant impact on known threatened species, populations, and ecological communities from the locality such that a local extinction may occur.

The assessment concluded that the proposal was unlikely to have a significant impact on the threatened entities assessed.

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CONTENTS 1 Introduction ...... 1

1.1 Aims & Scope ...... 1

1.2 Site Particulars...... 2 2 Methodology ...... 4

Qualifications & Licencing ...... 4

2.1 Desktop Assessment ...... 5

2.2 Field Survey ...... 5

2.2.1 Vegetation & Significant Flora Survey ...... 6

2.2.2 Fauna ...... 6

2.2.3 Port Stephens Council (PSC) Comprehensive Koala Plan of Management (CKPoM) (2002) 10

2.2.4 Habitat Survey ...... 10

2.3 Limitations ...... 10 3 Results ...... 14

3.1 Desktop Assessment ...... 14

3.2 Flora Survey ...... 20

3.2.1 Vegetation Mapping & Delineation ...... 20

3.2.2 Significant Flora Survey ...... 26

3.3 Fauna Survey ...... 28

3.3.1 Mammals ...... 28

3.3.2 Avifauna ...... 33

3.3.3 Herpetofauna ...... 33

3.3.4 Microchiropterans Bats ...... 33

3.3.5 Nocturnal Call Playback ...... 34

3.4 Habitat Survey ...... 34 4 Impact Assessment ...... 38

4.1 Potential Impacts ...... 38

4.2 Threatened Species & Communities Likelihood of Occurrence Assessment ...... 41

4.3 Other Legislative Considerations...... 56

4.3.1 Key Threatening Processes ...... 56

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4.3.2 Port Stephens Council Comprehensive Koala Plan of Management (CKPoM) ...... 59

4.3.3 SEPP 44 – Koala Habitat Protection ...... 62

4.3.4 Commonwealth EPBC Act ...... 64 5 Recommendations ...... 68 6 Conclusion ...... 71 7 References & Bibliography ...... 73

LIST OF FIGURES

Figure 1 Site Location ...... 3

Figure 2 Flora Survey Locations ...... 12

Figure 3 Fauna Survey Locations ...... 13

Figure 4 Vegetation Map ...... 27

Figure 5 Fauna Survey Results ...... 37

Figure 6 Development Area over Ecological Features ...... 40

Figure 7 Koala Habitat Map ...... 63

LIST OF TABLES

Table 1 Prevailing Weather Conditions ...... 5

Table 2 Threatened Flora & Fauna Database Search Results...... 14

Table 3 Likelihood of Occurrence and Impact Assessment ...... 42

Table 4 Key Diagnostic Characteristics - Central Hunter Valley Eucalypt Forest and Woodland ...... 65

Table 5 Condition thresholds, classes and categories for patches of Coastal Swamp Oak Forest ...... 66

Table 6 Koala Habitat Appraisal ...... 94

Table 7 Residual Koala impact Assessment ...... 95

Table 8 New Holland Mouse Significant Impact Assessment ...... 98

Table 9 New Holland Mouse Population Assessment ...... 100

LIST OF PLATES

Plate 1: MU 33 Coastal Sand Apple- Blackbutt Forest ...... 21

Plate 2: Swamp Mahogany – Paperbark Forest...... 22

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Plate 3: MU33 Swamp Oak Sedge Forest ...... 24

Plate 4: Road Verge Vegetation ...... 25

Plate 5: Feathertail Glider captured on wildlife camera ...... 28

Plate 6: Sugar Glider captured on wildlife camera ...... 29

Plate 7: Common Ringtail Possum captured on wildlife camera ...... 29

Plate 8: Mouse species captured on wildlife camera, likely to be New Holland Mouse ...... 30

Plate 9: Common Planigale captured on wildlife camera ...... 31

Plate 10: Common Planigale captured on wildlife camera ...... 31

Plate 11: Yellow-footed Antechinus captured on wildlife camera ...... 32

Plate 12: Brown Antechinus captured on wildlife camera ...... 32

Plate 13: Powerful Owl recorded during Call Playback surveys ...... 34

APPENDICES Appendix 1 Plan of Proposal Appendix 2 Flora & Fauna Species List Appendix 3 Assessment of Significance (7-part Test) Appendix 4 Anabat Analysis Report

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GLOSSARY OF TERMS AND ABBREVIATIONS

Term/ Abbreviation Meaning BC Act Biodiversity Conservation Act 2016 BS Act Biosecurity Act 2016 Council Mid-Coast Council DoE Commonwealth Department of the Environment DPE NSW Department of Planning and Environment DPI Water NSW Department of Primary Industries – Water EP&A Act NSW Environmental Planning and Assessment Act 1979 EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act 1999 ha hectare LGA Local Government Area MCC Mid-coast Council NV Act Native Vegetation Act 1995 (Repealed) OEH NSW Office of Environment and Heritage TSC Act NSW Threatened Species Conservation Act 1995 (Repealed)

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1 Introduction

MJD Environmental has been engaged by Monteath and Powys Pty Ltd on behalf of Fern Bay No. 1 Pty Ltd, to prepare an Ecological Assessment to accompany a Review of Environmental Factors (REF) for the proposed Nelson Bay Rd secondary road access for the Fern Bay Development, Fern Bay, NSW (Figure 1).

The proposal encompasses: . Acceleration and deceleration lanes, 595m + 30m taper and 180m + 30m taper respectively plus 30m buffer beyond each along Nelson Bay Rd. . Turn in and turn out access to Seaside Boulevard to limit of Stage 14 development work; including batter extents (variable) plus 10m buffer width beyond batters. . Lighting columns associated with safety barriers located on the northbound side of the road across from Seaside Boulevard and on the southbound side at the start of the deceleration lane. Safety barriers could extend 100m to the east of the deceleration lane, with a width of 10m beyond existing road edge to encompass embankment and batters. . One new ‘no right turn’ sign on the northbound intersection approach.

Refer to Appendix 1 for plans of the proposal.

1.1 Aims & Scope

The scope of this flora and fauna assessment is to: . identify vascular plant species occurring within the study area, including any threatened species listed under the TSC Act and/or EPBC Act; . identify and map the extent of vegetation communities within the study area, including any Endangered Ecological Communities (EEC) listed under the TSC Act or EPBC Act; . identify any fauna species including; threatened and migratory species, populations or their habitats, occurring within the study area and are known or likely to occur within 10 km of the study area (locality); . assess the potential of the proposed development to have a significant impact on any threatened species, populations or ecological communities (or their habitats) identified from the study area; and . describe measures to be implemented to avoid, minimise, manage or monitor potential impacts of the proposal. In addition to the survey work conducted within the Site, consideration has been afforded to habitats within the Site to appreciate the environmental context of the overall Site. This has included assessment of potential direct and indirect impacts.

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1.2 Site Particulars

The following nomenclature has been used in this report: . Study Area – Refers to the road works and associated infrastructure, with a buffer of 10 metres outward from the road and a buffer of 30 metres along Nelson Bay Road beyond the acceleration and deceleration lanes. . Site – Refers to the area of vegetation clearing and construction of the road works and associated infrastructure.

Locality The study area is situated in Fern Bay NSW.

Land Title Road Reserve, Lot 21 DP 270466, Lot 46 DP 280008

LGA Port Stephens Council

Area Study Area – 2.42ha ‘Site’ represents the Impact Area of up to 2.28 ha

Zoning The study area is currently zoned SP2 and E2

Boundaries The study area is situated on Nelson Bay Rd, Fern Bay, to the northeast of the existing Nelson Bay Rd – Seaside Boulevard intersection and roundabout. The study area is surrounded by rural lots (including Fern Bay Seaside Village to the east).

Current Land Use The study area consists of a main arterial link road, Nelson Bay Rd, with mature forests on either side forming part of a local corridor of native vegetation which stretches from the Hunter estuary northeast to the Tomaree Peninsula. Currently the site is vacant and not subject to agricultural or forestry activity. Portions of the site directly adjacent to Nelson Bay Rd are managed, including mowing/slashing vegetation on the road verge. An existing fire trail crosses the study area at the point of the proposed intersection with Seaside Boulevard, together with associated vegetation clearing as part of the approved development in the vicinity of Seaside Boulevarde

Topography The study area is situated within the Quaternary sands of the dune barrier system of Stockton Bight. Prominent ridges and knolls of sand traverse this landscape, generally parallel to the shoreline, and a few projections of these more elevated formations cross the dune swales which occupy most of the study area.

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Figure 1 Study Area Location

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2 Methodology

The ecological assessment has been prepared in accordance with RMS Guidelines for Biodiversity Assessment which require flora and fauna surveys to be undertaken following the Threatened Biodiversity Survey and Assessment: Guidelines for development and activities (DECC 2004). The Ecological survey methodology used for this project was modified from DECC guidelines to incorporate modern survey techniques and equipment. Flora surveys were also undertaken with consideration of the Biobanking Assessment Methodology (OEH 2014) – Using BAM 2017 as a replacement due to the NSW Biodiversity Reforms for vegetation plots and condition assessment as per Environmental Impact Assessment Practice Note: Biodiversity Assessment – EIA_N06 (RMS 2012).

The techniques employed to inform this impact assessment are described in further detail below.

Qualifications & Licencing

Qualifications

This ecological assessment has been prepared by Matt Doherty (BLMC, BAM Assessor BAAS17044), Adam Cavallaro (B. Env.Sc., Bush Regeneration Cert IV BAM Assessor BAAS18056), Bret Stewart (B. Sc.) and Phoebe Smith (B. Env. Sc.(Hons)) of MJD Environmental Pty Ltd.

Licencing

Research was conducted under the following licences: . NSW National Parks and Wildlife Service Scientific Investigation Licence SL101684 (Valid 28 February 2018). . Animal Research Authority (Trim File No: 16/170) issued by NSW Department of Primary Industries (Valid 8 February 2019). . Animal Care and Ethics Committee Certificate of Approval (Trim File No: 16/170) issued by NSW Department of Primary Industries (Valid 8 February 2019).

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2.1 Desktop Assessment

A review of ecological information was undertaken to provide context and understanding of ecological values occurring within the study area. Information reviewed included: Online database searches involving a 10-km buffer around the site were undertaken from the NSW Bionet Wildlife Atlas and Commonwealth Protected Matters of National Significance online search tool initially on 27th March 2018. The searches provided a current list of potentially occurring threatened flora and fauna and migratory species under both the TSC Act and EPBC Act.

Ecological Investigations carried out adjacent to and incorporating parts of the study area: . ERM (2009a) Annex P - Fern Bay Seaside Village Ecology Assessment Report. Report prepared for Aspen Group Pty Ltd. Project No. 0063154 . ERM (2005a) Annex R - Fern Bay Estate Species Impact Statement. Report prepared for Winten Property Group and Continental Venture Capital Pty Ltd . ERM (2005b) Annex H – Fern Bay Estate. Assessment of Matters of National Environmental Significance. Report prepared for Winten Property Group and Continental Venture Capital Pty Ltd

2.2 Field Survey

Field surveys were undertaken between 5th April 2018 and 8th May 2018. The prevailing weather conditions during the survey are presented in a Table 1 below.

Table 1: Prevailing Weather Conditions

Min Temp Max Temp Wind (km/h) Sunrise- Date Rain (mm) (oC) (oC) 9am / 3pm Sunset 05 Apr 2018 15.8 27.5 0.2 WNW 4 to NE 20 0607-1744 06 Apr 2018 13.7 26.5 0.0 NW 11 to SE 13 0608-1743 07 Apr 2018 15.1 28.9 0.2 NW 13 to SSE 9 0609-1742 08 Apr 2018 14.9 28.7 0.0 WNW 15 to ENE 13 0609-1740 09 Apr 2018 13.9 33.8 0.0 WNW 20 to SE 19 0610-1739 10 Apr 2018 17.5 24.9 0.0 W 7 to ESE 19 0611-1738 11 Apr 2018 14.3 29.4 0.0 N 17 to NNE 13 0612-1737 12 Apr 2018 14.2 31.8 0.0 NW 15 to NW 17 0612-1735 13 Apr 2018 14.0 31.6 0.0 NW 22 to NW 26 0613-1734 14 Apr 2018 21.1 30.9 0.2 NNW 7 to NW 30 0614-1733 15 Apr 2018 16.7 25.4 1.4 WNW 43 to NW 46 0614-1732 16 Apr 2018 13.4 29.1 0.0 NNW 17 to NW 24 0615-1730 17 Apr 2018 12.9 23.3 0.0 SW 7 to SSE 19 0616-1729 18 Apr 2018 13.8 23.6 0.6 SE 17 to ESE 19 0617-1728 19 Apr 2018 12.6 27.9 0.0 NW 13 to N 11 0617-1727 20 Apr 2018 13.5 23.7 27.2 W 11 to SSE 20 0618-1726 26 Apr 2018 16.7 25.2 0.4 WNW 17 to S 31 0622-1719 1 May 2018 12.1 21.9 6.6 WNW 13 to ESE 13 0626-1714 2 May 2018 10.6 22.7 0 NNW 7 to ENE 11 0626-1713 8 May 2018 10.0 22.3 0 WNW 15 to N 9 0631-1708

Sources: www.bom.gov.au/climate/dwo/201804/html/IDCJDW2145.201804.shtml http://www.ga.gov.au/bin/geodesy/run/sunrisenset

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2.2.1 Vegetation & Significant Flora Survey

Desktop analysis of regional mapping of the study area, site and its surrounds were informed by large-scale vegetation mapping projects and aerial photography, including: . Preliminary consultation of the Lower Hunter & Central Coast Regional Environmental Management Strategy (LHCCREMS) Extant Vegetation of the Lower Hunter and Central Coast Map (NPWS 2003) to determine the broad categorisation of the Site; . GIS analysis including - Aerial Photograph Interpretation (API) and consultation of topographic map (Scale 1:25,000) layers for the site; and . Vegetation assessments from previous studies undertaken in the wider development area. Vegetation communities were delineated on site based on the above-mentioned desktop information coupled with ground truthing of vegetation and collection of vegetation quadrat and transect data. . Establishment of five 20 X 50m vegetation quadrats using the Biodiversity Assessment Methodology to assess composition, structure and function of vegetation within study area; . Establish 3 transects approximately 100m in length. To assess vegetation heterogeneity, identify community boundaries and record species presences within the Study Area. . Targeted threatened species surveys where identified using systematic parallel transects within potential habitat for threatened species known or potentially occur in the locality, in accordance with NSW Guide to Surveying Threatened Plants (OEH 2016).

The locations of any threatened flora species that were found within the site were recorded by a differential GPS. Refer to Figure 2 showing the location of all vegetation surveys.

A full compilation of flora species recorded during survey is provided as Appendix 2.

Based on the vegetation survey the site is considered to represent four stratification units and are of a simple to complex floristic structure.

Refer to Figure 2 for Flora Survey Locations.

2.2.2 Fauna

A desktop assessment of the potential use of the site by threatened fauna species (as listed under the TSC Act and EPBC Act) identified from the vicinity was undertaken prior to the commencement of field surveys (refer to Section 3.1).

Based on the vegetation survey the site is considered to represent four stratification units and are of a simple to complex floristic structure.

A list of fauna species observed during the site survey is provided as Appendix 2.

Refer to Figure 3 showing fauna survey locations.

Arboreal Mammals

Arboreal mammal surveys were undertaken using Scout Guard remote wildlife cameras. Cameras were mounted to trees via a bracket or strap and set to record images in bursts of three photos, with a three minute delay before the next photo sequence would be triggered.

To attract fauna to the camera, a bait station was attached to a tree within 1- 1.5m of the camera. The bait station was filled with a bait containing a mixture of sardines, oats, honey, and peanut butter. The tree in which the bait station was attached also was sprayed with an attractant of honey / sugar water to increase the chance of arboreal fauna.

A total of 150 camera trap nights were undertaken over 15 nights to target arboreal mammals within the study area.

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Terrestrial Mammals

Terrestrial mammal surveys were undertaken within the study area by using Scout Guard remote wildlife cameras. Cameras were mounted to trees via a bracket or strap and set to record images at 3 photos per burst, with a three-minute delay before the next photo sequence would be triggered.

To attract fauna to trigger the camera, a bait station was pegged to the ground within 1- 1.5m of the camera. The bait station was filled with a bait containing a mixture of sardines, oats, honey, and peanut butter. The sweet bait station was sprayed with a honey water to increase the chance of attracting fauna.

A total of 150 camera trap nights were undertaken over 15 nights to target large and small terrestrial mammals within the study area.

The presence of mammals was also assessed via opportunistic observations during other diurnal fieldwork and nocturnal mammal surveys. The surveys undertaken are outlined in detail below under Spotlighting and Call playback survey techniques.

Avifauna

The observation of avifauna within the study area was undertaken via targeted diurnal census supplemented by opportunistic observations during other diurnal fieldwork (Refer to Figure 3). The diurnal census surveys were undertaken at dusk and dawn (early morning being a peak activity period for birds). 5.75 person hours of diurnal census was undertaken during peak dusk and dawn activity periods.

Nocturnal bird surveys were undertaken, and detail of methods employed is outlined in below under Spotlighting and call playback survey techniques.

Herpetofauna

Opportunistic reptile searches were conducted during fauna surveys with a focus on suitable habitat areas. Known occurrences of threatened reptile species from the locality were taken into account during assessment of onsite habitat, to determine the potential for the Study Area to support such species.

Searches in likely habitat such as among thick leaf litter, under rocks and fallen timber were undertaken. These searches were carried out during peak activity periods, generally during the warmer parts of the day. Stockpiles and/ or dumped rubbish was also checked for sheltering reptiles.

Nocturnal listening surveys were conducted over two nights. Frogs were identified by call, and species occurring on site were noted during spotlighting transects across the study area as well as during three 20 minute listening surveys over three nights near swamp forests in the study area.

Diurnal surveys where undertaken in conjunction with diurnal Avifauna surveys and vegetation surveys

Microchiropteran Bats

Microbat surveys were undertaken by recording echolocation calls using the Anabat Express Detector units set to remotely record for the entire night (6pm to 6am). Two units were deployed within the study area for a period of 7 nights (each unit) in two habitat types, Swamp Mahogany – Paperbark Forest and Coastal Sand Apple – Blackbutt Forest. Anabat units were placed with an emphasis on those areas deemed likely to provide potential foraging and flyway sites for microbats. The location of the Anabat sites are shown in Figure 3.

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Bat call analysis was undertaken by Dr Anna McConville of Echo Ecology who is experienced in the analysis of bat echolocation calls. Each call sequence (‘pass’) was assigned to one of five categories, according to the confidence with which an identification could be made, being: . Definite - Pass identified to species level and could not be confused with another species; . Probable - Pass identified to species level and there is a low chance of confusion with another species; . Possible - Pass identified to species level but short duration or poor quality of the pass increases the chance of confusion with another species; . Species group - Pass could not be identified to species level and could belong to one of two or more species. Occurs more frequently when passes are short or of poor quality; or . Unknown - Either background ‘noise’ files or passes by bats which are too short and/or of poor quality to confidently identify.

Appendix 4 contains the Anabat reports with all results, while Figure 3 shows the Anabat locations.

Spotlighting

Spotlighting was undertaken with the use of a Lightforce Enforcer 140mm LED (376m @ 1 LUX) hand-held spotlight and head torch whilst traversing the study area. Areas of mature remnant vegetation were targeted, however, tracks around the site were also spotlighted whilst entering and exiting the vegetation.

A total of 3.5 person-hours of spotlighting was conducted over three nights. Due to access limitations caused by the proximity of the site to Nelson Bay Road, a high-traffic main arterial link road, spotlighting effort was limited in scope (see Section 2.3). Spotlighting effort was therefore limited to parts of the site which could be accessed without causing risk of injury to field personnel, or risk of distraction to motorists on Nelson Bay Road. These portions of the site, which included both stratification units, were intensively surveyed covering the entire area which could be accessed without causing undue risk. Spotlighting effort included some areas adjacent to the site which contained similar vegetation to that found on site.

Figure 3 displays the spotlighting survey effort across the study area.

Nocturnal Call Playback

The use of pre-recorded calls of forest owl, Koala and Glider species that may occur within the Site and surrounding area were broadcast during the nocturnal surveys in an effort to receive a vocal response or to attract the species to the playback site. The calls were broadcast through an amplification system (25W megaphone) designed to project the sound for at least 1 km under still night conditions.

As described by Kavanagh and Peake (1993) and Debus (1995), the call of each species was broadcast for at least five minutes, followed by five minutes of listening, and stationary spotlighting. Following the final broadcast and listening, the area was spotlighted on foot. Species targeted included the Barking Owl (Ninox connivens), Powerful Owl (N. strenua), Masked Owl (Tyto novaehollandiae), Squirrel Glider (Petaurus norfolcensis), and Koala (Phascolarctos cinereus).

A total of five call playback sessions were undertaken over five separate and non-consecutive nights. The location of the call playback sites is shown in Figure 3.

Secondary Indications and Incidental Observations

Opportunistic sightings of secondary indications (scratches, scats, diggings, tracks etc.) of resident fauna were noted. Such indicators included: . Distinctive scats left by mammals; . Scratch marks made by various types of arboreal animals;

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. Nests made by various guilds of birds; . Feeding scars on Eucalyptus trees made by Gliders; . Whitewash, regurgitation pellets and prey remains from Owls; . Aural recognition of bird and frog calls; . Skeletal material of vertebrate fauna; and . Searches for indirect evidence of fauna (such as scats, nests, burrows, hollows, tracks, and diggings).

Field Survey Effort

The field survey effort in relation to the survey guidelines that have underpinned this study have been presented in Table 2 below.

Table 2: Field Survey Effort

Coastal Sand Apple – Target DECC Guide Unit Swamp Mahogany – Blackbutt Forest Total Species Methods Value Paperbark Forest (1.12ha) (0.58ha)

Req Req

taken DECC DECC Under Undertaken

Diurnal Birds 20min. Census 3 10 3 7 17 Per site Opportunis 1hr Census diurnal 1 tic 1 Opportunistic Opportunistic Amphibians 30min 2 separate nights search 1 2 1 1.5 3.5 Hours 1 hr Spotlight Nocturnal 2 separate nights 1 2 1 1.5 3.5 Birds, Mammals Call Back -Point 5* 5 5* 0 5 census Per site Echolocation Call 2 Micro-bats separate nights 4 7 4 7 14 Small Elliot Small 3-4 consecutive 60 90 150 Mammals nights 100 camera 100 camera camera Trap Large Elliot/ Cage Nights Large Traps 100 100 Mammals 3-4 consecutive 60 90 150 nights camera camera camera Arboreal 60 90 150 Arboreal Elliot 24 24 mammals camera camera camera 30min Opportunis Reptiles Hours 2 separate days 1 tic 1 Opportunistic Opportunistic Quadrats 1 2 1 3 5 Per Site Flora Transects 1 1 1 2 3

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2.2.3 Port Stephens Council (PSC) Comprehensive Koala Plan of Management (CKPoM) (2002)

The Port Stephens Council CKPoM has been prepared in accordance with State Environmental Planning Policy No. 44 - Koala Habitat Protection (SEPP 44). Schedule 2 of SEPP 44 aims to encourage the conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range, and to reverse the current state trend of koala population decline. The Port Stephens Council CKPoM satisfies the requirements of SEPP 44 for the investigation of potential and core koala habitat within Port Stephens Council Local Government Area.

Surveys were undertaken to satisfy the requirements of Appendix 4 of the PSC CKPoM. including habitat surveys and six koala spot assessment technique (SAT) surveys to determine koala activity levels.

2.2.4 Habitat Survey

An assessment of the relative habitat value present within the study area was undertaken. This assessment focused primarily on the identification of specific habitat types and resources in the study area favoured by known threatened species from the locality. The assessment also considered the potential value of the study area (and surrounds) for all major guilds of native flora and fauna. Habitat assessment included: . presence, size and types of tree hollows within the Study Area; . survey for trees containing suitable hollows for Large Forest Owls within 100m of all impact areas; . presence of rocks, logs, caves, rocky outcrops, leaf litter, overhangs and crevices; . vegetation complexity, structure and quality; . presence of freshwater or estuarine aquatic habitats, noting permanency; . connectivity to adjacent areas of habitat; . extent and types of disturbance; . presence of foraging opportunities such as flowering eucalypts, fruits, seeds or other nectar bearing native plants; and . presence and abundance of various potential prey species.

Habitat assessment was based on the specific habitat requirements of each threatened fauna species with regard to home range, feeding, roosting, breeding, movement patterns and corridor requirements. Consideration was given to contributing factors including topography, soil, light and hydrology for threatened flora and assemblages.

2.3 Limitations

Limitations associated with this ecological assessment report are presented herewith. The limitations have been taken into account specifically in relation to threatened species assessments, results and conclusions.

In these instances, a precautionary approach has been adopted; whereby ‘assumed presence’ of known and expected threatened species, populations and ecological communities has been made where relevant and scientifically justified to ensure a holistic assessment.

Seasonality & Conditions

Threatened flora species should be surveyed within their respective flowering periods to ensure accurate identification. Surveys have been undertaken outside the flowering period of some cryptic species and in these cases the precautionary principle has been applied and the potential presence of these species has been analysed based on the presence of suitable habitat.

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The flowering and fruiting plant species that attract some nomadic or migratory threatened species, often fruit or flower in cycles spanning a number of years. Furthermore, these resources might only be accessed in some areas during years when resources more accessible to threatened species fail. As a consequence, threatened species may be absent from some areas where potential habitat exists for extended periods and this might be the case for nomadic and opportunistic species.

Access

The study area for the purposes of this assessment includes all areas of potential direct and indirect impact from the proposed intersection. However, some survey activities occurred outside this study area due to concerns for personal safety and security of field equipment. Spotlighting surveys were undertaken well away from Nelson Bay Road to avoid distraction to motorists and to avoid risk of causing an accident. Motion cameras were placed far enough from the road to avoid detection from vehicles. In the case of motion cameras, survey effort was undertaken adjacent to the study area and within the same vegetation communities with the same fauna habitat features as occur within the study area. In the case of spotlighting, survey effort was undertaken within and adjacent to portions of the site which could be accessed safely and without causing distraction to motorists.

Data Availability & Accuracy

The collated threatened flora and fauna species records provided by Bionet Atlas of NSW Wildlife are known to vary in accuracy and reliability. This is usually due to the reliability of information provided to the National Parks and Wildlife Service (NPWS) for collation and/or the need to protect specific threatened species locations. During the review of threatened species records sourced from OEH Atlas of NSW Wildlife, consideration has been given to the date and accuracy of each threatened species record in addition to an assessment of habitat suitability within the study area.

Similarly, EPBC Protected Matters Searches provide a list of threatened species and communities that have been recorded within 10 km of the study area, or which have suitable habitat within the wider area, and are subject to the same inherent inaccuracy issues as the State derived databases.

In order to address these limitations in respect to data accuracy, threatened species records have only been used to provide a guide to the types of species that occur within the locality of the study area. Consequently, habitat assessment and the results of surveys conducted within the study area and surrounds have been used to assess the likelihood of occurrence of threatened species, populations and ecological communities to occur therein.

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Figure 2 Flora Survey Locations

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Figure 3 Fauna Survey Locations

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3 Results

3.1 Desktop Assessment

Using the NSW Wildlife Atlas database BioNet, and EPBC Act Protected Matters Search (27th March 2018), a list of potentially occurring threatened species, populations and ecological communities from the locality (10 km radius) has been compiled (Table 3). A total of 98 entities have been recorded of which 17 threatened flora species, 51 fauna species, 5 ecological communities and 25 migratory species have either been detected or have the potential to occur within the locality.

Note: Included in Table 3 below are the numbers of records (not the number of individuals) for each species within the locality taken from the NSW Wildlife Atlas database. The EPBC Act Protected Matters Search does not provide number of records within the locality. Therefore, the record count related only to those TSC Act listed species that were detected within 10 km of the site.

It is also noted that due to the terrestrial nature of the site, marine species were not considered under this ecological assessment and have not been included in the list.

Table 3: Threatened Flora & Fauna Database Search Results.

EPBC No. of Scientific Name Common Name TSC Act Notes & Source Act Records Threatened Ecological Communities Community may to Central Hunter Valley Eucalypt Forest and Woodland CE - - occur in the area2 Coastal Swamp Oak (Casuarina glauca) Forest of Community may occur New South Wales and South East Queensland E E - in the area2 ecological community Community may occur Lowland Rainforest of Subtropical Australia CE - - in the area2 Community may occur Subtropical and Temperate Coastal Saltmarsh V - - in the area2 Swamp Sclerophyll Forest on Coastal Floodplains of the New South Wales North Coast, Sydney Basin and - E - South East Corner Bioregions Flora Species or Species Angophora inopina Charmhaven Apple V V - habitat known to occur within area2 Species or species Asperula asthenes Trailing Woodruff V V - habitat may occur within area2 Species or species Thick-lipped Spider- Caladenia tessellata V E - habitat likely to occur orchid, Daddy Long-legs within area2 Species or species Commersonia prostrata Dwarf Kerrawang E E - habitat likely to occur within area2 Species or Species Cryptostylis hunteriana Leafless Tongue-orchid V V - habitat known to occur within area2 Species or Species White-flowered Wax Cynanchum elegans E E - habitat likely to occur Plant within area2 Species or Species Diuris praecox Newcastle Doubletail V V - habitat likely to occur within area2

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EPBC No. of Scientific Name Common Name TSC Act Notes & Source Act Records Recorded within 10km of the Site1 Eucalyptus camfieldii Camfields Stringybark V V, P 2 Species or species habitat known to occur within area2 Recorded within 10km Eucalyptus of the Site1 parramattensis Subsp. Earp’s Gum V V, P 18 Species or Species Decadens habitat known to occur within area2 Species or Species Grevillea parviflora Small-flower Grevillea V V - habitat known to occur subsp. parviflora within area2 Recorded within 10km Maundia triglochinoides - V, P 3 of the Site1 Species or species Melaleuca biconvexa Biconvex Paperbark V V - habitat may occur within area2 Species or species Persicaria elatior Knotweed, Tall Knotweed V V - habitat likely to occur within area2 Species or species Phaius australis Lesser Swamp-orchid E E - habitat may occur within area2 Species or Species Prasophyllum sp. A leek orchid CE - - habitat may occur Wybong within area2 Species or species Syzygium paniculatum Magenta Lilly Pilly V E - habitat likely to occur within area2 Species or species Tetratheca juncea Black-eyed Susan V V, P - habitat likely to occur within area2 Birds Species or Species Anthochaera phrygia Regent Honeyeater CE E - habitat known to occur within area2 Artamus cyanopterus Recorded within 10km Dusky Woodswallow - V 2 cyanopterus of the Site1 Recorded within 10km of the Site1 Botaurus poiciloptilus Australasian Bittern E E 2 Species or Species habitat known to occur within area2 Recorded within 10km Burhinus grallarius Bush Stone-curlew - E 2 of the Site1 Recorded within 10km of the Site1 Calidris canutus Red Knot E, M - 163 Species or Species habitat known to occur within area2 Recorded within 10km of the Site1 Calidris ferruginea Curlew Sandpiper CE, M E 924 Species or Species habitat known to occur within area2

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EPBC No. of Scientific Name Common Name TSC Act Notes & Source Act Records Recorded within 10km of the Site1 Calidris tenuirostris Great Knot CE, M V 32 Roosting known to occur within area Recorded within 10km of the Site1 Charadrius leschenaultii Greater Sand-plover V, M V 4 Roosting known to occur within area Recorded within 10km of the Site1 Charadrius mongolus Lesser Sand-plover E V 40 Roosting known to occur within area Species or Species Dasyornis brachypterus Eastern Bristlebird E E - habitat likely to occur within area2 Ephippiorhynchus Recorded within 10km Black-necked Stork - E 2 asiaticus of the Site1 Recorded within 10km Epthianura albifrons White-fronted Chat - V 5 of the Site1 Species or Species Erythrotriorchis radiatus Red Goshawk V CE - habitat likely to occur within area2 Recorded within 10km Glossopsitta pusilla Little Lorikeet - V 1 of the Site1 Grantiella picta Painted Honeyeater Species or species V V - habitat may occur within area2 Haematopus fuliginosus Sooty Oystercatcher Recorded within 10km - V 2 of the Site1 Haematopus longirostris Pied Oystercatcher Recorded within 10km - E 29 of the Site1 Haliaeetus leucogaster White-bellied Sea-Eagle Recorded within 10km M V 49 of the Site1 Hieraaetus morphnoides Little Eagle Recorded within 10km - V 1 of the Site1 Recorded within 10km of the Site1 Lathamus discolor Swift Parrot CE, A E 1 Species or Species habitat known to occur within area2 Recorded within 10km Limicola falcinellus Broad-billed Sandpiper - V 13 of the Site1 Species or Species Limosa lapponica baueri Bar-tailed Godwit V, M - - habitat known to occur within area2 Species or species Limosa lapponica Northern Siberian Bar- CE - - habitat may occur menzbieri tailed Godwit within area2 Recorded within 10km Limosa limosa Black-tailed Godwit M V 285 of the Site1 Recorded within 10km Neophema pulchella Turquoise Parrot - V 1 of the Site1 Recorded within 10km Ninox strenua Powerful Owl - V 6 of the Site1

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EPBC No. of Scientific Name Common Name TSC Act Notes & Source Act Records Species or Species Numenius Eastern Curlew CE, M - 99 habitat known to occur madagascariensis within area2 Recorded within 10km Pandion cristatus Eastern Osprey - V 6 of the Site1 Recorded within 10km Sternula albifrons Little Tern - E 32 of the Site1 Recorded within 10km Tyto longimembris Eastern Grass Owl - V 3 of the Site1 Recorded within 10km Tyto novaehollandiae Masked Owl - V 3 of the Site1 Recorded within 10km Xenus cinereus Terek Sandpiper M V 242 of the Site1 Mammals Species or Species Chalinolobus dwyeri Large-eared Pied Bat V V - habitat likely to occur within area2 Species or Species Dasyurus maculatus Spotted-tailed Quoll (SE E V - habitat known to occur maculatus mainland population) within area2 Species or Species Petauroides volans Greater Glider V - - habitat likely to occur within area2 Recorded within 10km Petaurus norfolcensis Squirrel Glider - V 16 of the Site1 Recorded within 10km Koala (Combined of the Site1 Phascolarctos cinereus populations of Qld, NSW V V 79 Species or Species and the ACT) habitat known to occur within area2 Species or Species Potorous tridactylus Long-nosed Potoroo (SE V V 1 habitat likely to occur tridactylus mainland) within area2 Recorded within 10km of the Site1 Pseudomys New Holland Mouse V - 8 novaehollandiae Species or Species habitat known to occur within area2 Recorded within 10km Falsistrellus tasmaniensis Eastern False Pipistrelle - V 1 of the Site1 Recorded within 10km Miniopterus australis Little Bentwing-bat - V 8 of the Site1 Miniopterus schreibersii Recorded within 10km Eastern Bentwing-bat - V 6 oceanensis of the Site1 Mormopterus Recorded within 10km Eastern Freetail-bat - V 9 norfolkensis of the Site1 Recorded within 10km Myotis macropus Southern Myotis - V 5 of the Site1 Recorded within 10km of the Site1 Pteropus poliocephalus Grey-headed Flying-fox V V 19 Roosting known to occur within area2 Yellow-bellied Sheathtail- Recorded within 10km Saccolaimus flaviventris - V 4 bat of the Site1

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EPBC No. of Scientific Name Common Name TSC Act Notes & Source Act Records Recorded within 10km Scoteanax rueppellii Greater Broad-nosed Bat - V 7 of the Site1 Herpetofauna Recorded within 10km Crinia tinnula Wallum Froglet - V 19 of the Site1 Species or Species may Heleioporus australiacus Giant Burrowing Frog V V - occur within area2 Recorded within 10km of the Site1 Green and Golden Bell Litoria aurea V E 7 Frog Species or Species habitat known to occur within area2 Recorded within 10km Uperoleia mahonyi Mahony’s Toadlet - E 2 of the Site1 Listed Migratory Species Migratory Terrestrial Birds Species or species Cuculus optatus Oriental Cuckoo M - - habitat may occur within area2 Species or species Hirundapus caudacutus White-throated Needletail M - - habitat known occur within area2

M Species or species Monarcha trivirgatus Spectacled Monarch - - habitat known occur within area2 Species or species Motacilla flava Yellow Wagtail M - - habitat known occur within area2 Species or species Myiagra cyanoleuca Satin Flycatcher M - - habitat known occur within area2 Species or species Rhipidura rufifrons Rufous Fantail M - - habitat known occur within area2 Migratory Wetlands Birds Species or species Actitis hypoleucos Common Sandpiper M - - habitat known occur within area2 Roosting known to Arenaria interpres Ruddy Turnstone M - - occur within area2 Roosting known to Calidris acuminata Sharp-tailed Sandpiper M - - occur within area2 Species or species Calidris melanotos Pectoral Sandpiper M - - habitat known occur within area2 Roosting known to Calidris ruficollis Red-necked Stint M - - occur within area2 Roosting known to Charadrius bicinctus Double-banded Plover M - - occur within area2 Roosting known to Gallinago hardwickii Lathams Snipe M - - occur within area2 Roosting known to Gallinago megala Swinhoe’s Snipe M - - occur within area2

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EPBC No. of Scientific Name Common Name TSC Act Notes & Source Act Records Roosting known to Gallinago stenura Pin-tailed Snipe M - - occur within area2 Roosting known to Limicola falcinellus Broad-billed Sandpiper M - - occur within area2 Roosting known to Numenius minutus Little Curlew M - - likely within area2 Roosting known to Numenius phaeopus Whimbrel M - - occur within area2 Roosting known to Pandion haliaetus Osprey M - - occur within area2 Roosting known to Philomachus pugnax Ruff M - - occur within area2 Roosting known to Pluvialis fulva Pacific Golden Plover M - - occur within area2 Roosting known to Pluvialis squatarola Grey Plover M - - occur within area2 Roosting known to Tringa brevipes Grey-tailed Tattler M - - occur within area2 Species or species Tringa nebularia Common Greenshank M - - habitat known occur within area2 Roosting known to Tringa stagnatilis Marsh Sandpiper M - - occur within area2 Key: V = Vulnerable M = Migratory A= Marine E = Endangered CE = Critically Endangered 1 - Atlas of NSW Wildlife, Office of Environment and Heritage (Accessed 27-03-2018). 2 - Commonwealth Protected Matters Search Tool, Department of the Environment (Accessed 27-03-2018)

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3.2 Flora Survey

3.2.1 Vegetation Mapping & Delineation

A review of regional vegetation mapping (LHCCREMS 2000) identified two vegetation communities occurring within the study area, being: . MU 33 Coastal Sand Apple-Blackbutt Forest; and . MU 40 Swamp Oak Rushland Forest. Further analysis of a previous ecological study (ERM 2009) undertaken within the landholding and neighbouring land development identified two vegetation communities: . MU 33 Coastal Sand Apple-Blackbutt Forest; and . MU 37 Swamp Mahogany – Paperbark Forest.

Field surveys undertaken for this assessment have confirmed the presence of the one mapped vegetation communities (ERM 2009) and three additional communities.

The vegetation communities delineated within the study area are: . MU 33 Coastal Sand Apple-Blackbutt Forest; . MU 37 Swamp Mahogany – Paperbark Forest; . MU 41 Swamp Oak Sedge Forest; and . No MU Degraded Road Verge. MU 37 Swamp Mahogany – Paperbark Forest is commensurate with the TSC ACT listed Endangered Ecological Community Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions. MU 41 Swamp Oak Sedge Forest is commensurate with the TSC ACT listed Endangered Ecological Community Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions.

These vegetation communities have been described below. Refer to Figure 4.

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MU 33 – Coastal Sand Apple- Blackbutt Forest.

Plate 1: Coastal Sand Apple- Blackbutt Forest Plant Community 1646: Smooth Barked Apple – Blackbutt -Old Man Banksia Woodland on Coastal Type (PCT) Sands on the Central and Lower North Coast Description The Coastal Sands Apple-Blackbutt Forest is found on higher elevation sand hills flanking the surrounding swamp forests within the study area. This community has a limited representation, with a previously disturbed patch of vegetation observed in the south east and centrally within the study area.

The vegetation community is in moderate condition, with road side vegetation in both areas, evidences of site disturbance from past road widening and batter construction works (western side of vegetation patch). The native canopy species present within the vegetation is relatively uniform, with the primary canopy species including Angophora costata (Smooth-bark Apple), Eucalyptus pilularis (Blackbutt) and scattered mature Banksia serrata (Old Man Banksia). Canopy closer to the road side edge is generally young in age and of a single age cohort. Canopy species in the remaining area are of varying age cohorts. The mid-storey varies in density with areas of native mid-storey such as Acacia longifolia, Monotoca elliptica, Duboisia myoporoides and Glochidion ferdinandi.

The shrub layer is predominantly scattered native species such as Breynia oblongifolia (Coffee Bush) Clerodendrum tomentosa and Platysace lanceolata. The high threat weed Lantana camara (Lantana) is present with dense patches scattered throughout.

The groundcover is a mix of scattered grassy, herbaceous and subshrub species that include Hibbertia linearis, Dianella cerulea var. producta, Lomandra longifolia, Pteridium esculentum, Entolasia marginata and Themeda triandra.

The vegetation was observed to have a low presence of logs (>10cm), and there is a small number of large old trees that were observed to have hollows of varying sizes present.

Area 0.58ha

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Canopy To 25m with a 30- 40% Projected Foliage Cover (PFC). Dominant species Layer Angophora costata, Eucalyptus pilularis and Banksia serrata. Mid storey To 10m with a 20- 25% Projected Foliage Cover (PFC). Dominant species Breynia Layer oblongifolia, Glochidion ferdinandi var. pubens, Monotoca elliptica, Duboisia myoporoides and Acacia longifolia subsp. longifolia. Weed species include Lantana camara and Chrysanthemoides monilifera. Ground To 1m with a PFC. of 70%. The groundcover and herbaceous layer was Cover characterised by a predominantly of the native fern Pteridium esculentum with scattered Lomandra longifolia, Imperata cylindrica, hibbertia linearis, Entolasia marginata, Themeda triandra and Dianella cerulea var. producta.

MU 37 – Swamp Mahogany - Paperbark Forest

Plate 2: Swamp Mahogany – Paperbark Forest Plant Community 1717: Broad-leaved Paperbark - Swamp Mahogany - Swamp Oak - Saw Sedge Type (PCT) swamp forest of the Central Coast and Lower North Coast Description This vegetation community is found in low lying areas and is the dominant vegetation type observed within the study area. The canopy of this community predominantly consists of Melaleuca quinquenervia, with scattered occurrences of Casuarina glauca, Eucalyptus robusta, Melaleuca stypheloides and Livistona australis. The midstorey vegetation layer varies and is dependent on the elevation within the study areas. Areas low lying and that are persistently damp have a low density midstorey with species such as Melaleuca linariifolia and Glochidion ferdinandi subsp. pubens. In areas of slightly higher ground where water does not regularly sit or inundate, mesic species are common, creating a moderately dense cover of mid-storey species. In addition to the already mentioned species the following were observed Acmena smithii, Livistona australis, Homalanthus populneus and Myrsine variabilis. The groundcover is dense with native sedge species primarily Gahnia clarkei (Saw Sedge), Phragmites australis, and ground ferns such as Blechnum indicum and Hypolepis muelleri.

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The Swamp forest is generally in moderate to good condition, with the exception of the road verge edge where a thicket of Lantana has established creating a wall between the vegetation and exotic grasses maintained at the edge of the road. The section of Swamp forest located between the proposed road entrance and the first parcel of Blackbutt forest to the south, has a significant cover of Alternanthera philoxeroides (Alligator Weed), that is spread throughout the dense native groundlayer. The vegetation has a low presence of logs (>10cm) that where observed on the ground, and no hollow bearing trees were observed.

MU 37 Swamp Mahogany – Paperbark Forest is commensurate with the TSC ACT listed Endangered Ecological Community Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions.

Area 1.12ha Canopy Between 10 -20m with a 50- 60% Projected Foliage Cover (PFC). Dominant Layer species Eucalyptus robusta, Casuarina glauca, Livistona australis and Melaleuca quinquenervia Sub-Canopy To 10m with a 40- 50% Projected Foliage Cover (PFC). Dominant species Layer Melaleuca linariifolia, M. stypheloides. Mid storey To 5m with a 10- 20% PFC. Generally scattered with small pockets of small trees Layer and dense edges where adjacent to regrowth open forest, some areas absent of midstorey. Species recorded included Livistona australis, Glochidion ferdinandi, Homalanthus populneus and Acmena smithii. Ground To 1m with an 80 - 90% PFC. The groundcover and herbaceous layer was Cover characterised by a predominantly native sedge cover with scattered grassy and herb layer. The main species where Gahnia clarkei, Cyclosorus interruptus, Blechnum indicum, Alocasia brisbanensis, Hypolepis muelleri and Phragmites australis Scattered species included grassy and herb species Viola hederacea, Entolasia marginata, Oplismenus imbecilis, and Persicaria strigosa. Exotic Exotic species observed throughout the site include: Alternanthera philoxeroides Species (Alligator Weed) and Lantana camara (Lantana)

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MU 41 – Swamp Oak Sedge Forest

Plate 3: Swamp Oak Sedge Forest Plant Community 1717: Broad-leaved Paperbark - Swamp Mahogany - Swamp Oak - Saw Sedge Type (PCT) swamp forest of the Central Coast and Lower North Coast. Description This vegetation community is represented in a very narrow parcel of vegetation on low lying land. This area is structurally similar to MU 33 with the distinct differences Casuarina glauca observed to be dominant in the canopy. Although there is only a small representation of the community and it maybe the result of previous disturbance associated with road construction, the vegetation community was sperate for the propose of the project. The canopy of this community predominantly consists of Casuarina glauca in which it is the dominate canopy tree. There is a representation of Melaleuca quinquenervia scattered throughout, but at no time was this species observed to be the dominant species in these small areas. The areas in which this vegetation type was observed, it appeared to be the result of past disturbances in the area. this was evident by the lack of larger trees compare to vegetation adjacent to the community and the lower density of canopy species. The midstorey vegetation layer was limited with only scattered occurrences of individuals. Species observed was limited to Glochidion ferdinandi subsp. pubens and juvenile or semi mature Casuarina glauca and Melaleuca quinquenervia. The groundcover is dense with native sedge, grass and rush species primarily Gahnia clarkei (Saw Sedge), Phragmites australis, Typha orientalis and ground ferns such as Blechnum indicum and Hypolepis muelleri. The Swamp Oak forest is in moderate condition, with the exception of the road verge edge where a thicket of Lantana has established creating a wall between the vegetation and exotic grasses maintained at the edge of the road.

MU 41 Swamp Oak Sedge Forest is commensurate with the TSC ACT listed Endangered Ecological Community Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions.

Area 0.06ha Canopy Between 10 -50m with a 40- 50% Projected Foliage Cover (PFC). Dominant Layer species Casuarina glauca and Melaleuca quinquenervia

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Mid storey To 8m with a 10- 20% PFC. Generally scattered with small pockets of small trees Layer and dense edges where adjacent to regrowth open forest, some areas absent of midstorey. Species recorded included Casuarina glauca and Melaleuca quinquenervia, Glochidion ferdinandi var. pubens and Homalanthus populneus Exotic species include Lantana camara. Ground To 1m with an 80 - 90% PFC. The groundcover and herbaceous layer was Cover characterised by a predominantly native sedge cover with scattered grassy and herb layer. The main species where Gahnia clarkei, Blechnum indicum, Hypolepis muelleri, Typha orientalis and Phragmites australis. Scattered grassy and herbaceous species included grassy and herb species Viola hederacea, Entolasia marginata, and Persicaria strigosa. Exotic Exotic species observed throughout the site include: Alternanthera philoxeroides Species (Alligator Weed) and Lantana camara (Lantana)

No Unit – disturbed road verge

Plate 4: Road Verge Vegetation

Description The vegetation is primarily exotic weed cover with the occasional native species persisting. Weed species present include Eragrostis curvula (African Love Grass), Melinus repens (Red Natal Grass), Cenchrus clandestinus (Kikuyu), Megathyrus maximus (Green Panic), Lantana camara and Conyza sp. Native species persisting in this area are limited to species commonly found in disturbed areas such as Pteridium esculentum, Imperata cylindrica, Bothriochloa macra and Kennedia rubicunda. The road verge ranges from 1.5m to 5m in width.

Area 0.32ha

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3.2.2 Significant Flora Survey A total of 81 flora species have been positively identified within the study area during current surveys (see Appendix 2).

No significant flora listed under the TSC Act or EPBC Act were identified within the Study Area during this ecological assessment. Targeted threatened species surveys were undertaken for listed species in which potential habitat is present on site and that were known to be detectible during the survey period. Of the 17 listed threatened species (TSC Act & EPBC Act) detected during the 10km search of the locality, the following flora species were identified to have potential habitat on site and were detectable during the survey period; Eucalyptus camfieldii, E. parramattensis subsp. decadens, and Maundia triglochinoides.

Detectable Species

The targeted surveys undertaken for Eucalyptus camfieldii, E. parramattensis Subsp. decadens, and Maundia triglochinoides, focused on areas of damp sclerophyll forest located within the study area. no individuals where identified during these surveys. The areas nominated for these surveys where primarily the transitional zones between the Swamp Mahogany Paperbark Forest and the Coastal Sands Apple-Blackbutt Forest. Vegetation condition in these areas was generally moderate to high quality with little evidence of previous site disturbance with the exception of areas where the vegetation boards the road verge and disturbed vegetation community.

Cryptic Species

There is a single threatened species listed in the locality that was identified to have potential habitat on site being Diuris praecox, however this species was not formally surveyed due to the cryptic nature of the species, and the current surveys carried out for this proposal is outside the optimal survey period for this species. The potential habitat condition (within Coastal Sands Apple-Blackbutt Forest) is generally low to moderate and the obvious disturbance (construction of road batter) that has occurred in these areas would restrict this species to persist.

Previous surveys carried out by ERM (2009) in the Study Area noted two individuals approximately 800m east of the current study area. This area and all lands between the known location and current study area where formally surveyed as part of the larger residential sub-division (ERM 2009). It is on this basis that no further surveys would be recommended to target this species.

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Figure 4 Vegetation Map

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3.3 Fauna Survey

The following provides the fauna results from the site survey. A total of 50 fauna species were recorded during the survey period. A full list of the fauna species recorded within the site is provided as Appendix 2. Locations of fauna caught on cameras, detected via ultrasonic call analysis or observed during nocturnal events have been presented as Figure 3.

3.3.1 Mammals

Arboreal Mammal Five arboreal mammal species were recorded during remote camera and nocturnal surveys across the study area. Wildlife camera recordings were used to positively identify the presence of Feathertail Gliders (Acrobates pygmaeus), Squirrel Gliders (Petaurus norfolcensis), Common Brushtail Possum (Trichosurus vulpecula), and Common Ringtail Possum (Pseudocheirus peregrinus). During spotlight surveys, only Common Brushtail Possums were observed. Nocturnal Call Playback surveys did not elicit response from any of the targeted arboreal mammal species; however Grey-headed Flying- foxes (Pteropus poliocephalus) were observed overflying during every call playback session. Arboreal remote camera stations also recorded terrestrial mammal species – Brown Antechinus (Antechinus stuartii) and Bush Rats (Rattus fuscipes) were the most frequently recorded species on arboreal remote cameras. A Swamp Rat (Rattus lutreolus) was also observed on an arboreal remote camera where the bait station had been placed in swamp forest in a large paperbark covered in a lattice of vines. Only one Common Ringtail Possum was recorded at an arboreal camera station on a Swamp Mahogany amongst a stand of Cabbage Tree Palms. The Squirrel Glider was recorded at one remote camera station placed in the Coastal Sand Apple – Blackbutt Forest in the western end of the study area in the vicinity of the proposed roadside batters. Six Koala SAT surveys within the impact area did not locate any secondary evidence of koalas in the study area.

Plate 5: Feathertail Glider captured on wildlife camera

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Plate 6: Sugar Glider captured on wildlife camera

Plate 7: Common Ringtail Possum captured on wildlife camera

Terrestrial Mammals

Remote cameras recorded terrestrial mammals with very high frequency, some cameras recording several thousand images over the fifteen days of survey. By far the most frequently recorded mammals across all camera sites (arboreal and terrestrial) were Brown Antechinus and Bush Rats, with high numbers of Black Rats (Rattus rattus) also recorded at one terrestrial camera site. Swamp

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Rats and Brushtail Possums were recorded at several terrestrial camera sites. A Short-beaked Echidna (Tachyglossus aculeatus) and a Northern Brown Bandicoot (Isoodon macrourus) were each recorded at one remote camera station.

At one remote camera station placed in swamp forest, a Common Planigale (Planigale maculata; TSC Act Vulnerable) was recorded over several nights (see Plate 9 and Plate 10). The Common Planigale was observed moving through the dense Saw Sedge as it investigated the bait station. Multiple views allowed the planigale to be identified on the basis of its small size relative to the bait station (bait station lid diameter 10.4cm), triangular, flattened head with pointed snout, and tail shorter than head-body length.

One mouse, which could not be identified to species level, was recorded on remote cameras placed in Coastal Sand Apple – Blackbutt Forest (see Plate 8). Based on known distribution and habitat preferences of small rodents, the most likely species in this photograph are either the House Mouse (Mus musculus) or the New Holland Mouse (Pseudomys novaehollandiae). House Mice are widespread throughout Australia, preferring disturbed environments and areas near human habitation. New Holland Mice occur in a variety of habitats in eastern coastal Australia, including wet heath and heathy sclerophyll forests on sandy substrates such as those occurring on site and in the surrounding area. A New Holland Mouse record exists in the Worimi Conservation Lands less than 1km to the south of the study area. Based on the location of the remote camera station in the Coastal Sand Apple – Blackbutt Forest amongst dense understorey and far away from areas of human habitation or disturbance (aside from the road), the New Holland Mouse is most likely. Applying the precautionary approach to the mouse species recorded in the study area, for the purposes of this assessment the New Holland Mouse is regarded as occurring in the study area.

In addition to the Black Rat, non-native species recorded on site included on European Red Fox (Vulpes Vulpes) recorded on a remote camera and domestic dogs (Canis lupus familiaris) observed opportunistically during diurnal surveys.

Nocturnal spotlighting surveys did not record any additional terrestrial mammal species.

Plate 8: Mouse species captured on wildlife camera, likely to be New Holland Mouse

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Plate 9: Common Planigale captured on wildlife camera

Plate 10: Common Planigale captured on wildlife camera

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Plate 11: Yellow-footed Antechinus captured on wildlife camera

Plate 12: Brown Antechinus captured on wildlife camera

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3.3.2 Avifauna

A total of 23 bird species were recorded opportunistically or during the early morning and dusk bird census efforts. Birds were identified visually or by vocalisation during the surveys. Woodland bird species were among the most frequently observed such as, Grey Fantails, Scarlet Honeyeaters, White-cheeked Honeyeaters, and White-browed Scrubwrens. Rainbow Lorikeets and Scaly-breasted Lorikeets were seen overflying the study area and may forage on site. Generally, low numbers of woodland birds were recorded during bird census due to the interference from traffic noise, dense vegetation, and regular disturbance from vehicles on Nelson Bay Road.

Two adult White-bellied Sea-eagles (TSC Act Vulnerable), likely a pair, were observed coming in to roost adjacent to the study area on dusk in a large emergent Blackbutt with exposed, defoliated upper canopy branches. One eagle flew low over the tree before continuing westward across Nelson Bay Road, while the other landed for a period of about 5 minutes before moving off in a south- westerly direction.

A Powerful Owl (TSC Act Vulnerable) responded to nocturnal call playback. This species may forage throughout the study area. Prey species for Powerful Owls, such as small and medium sized mammals, were recorded with high frequency on cameras and may be abundant in the study area.

3.3.3 Herpetofauna One amphibian species and four reptile species were recorded during opportunistic and targeted surveys. The frog was identified by vocalisation, being the Striped Marsh Frog (Limnodynastes peronii). One skink species, the Delicate Skink (Lampropholis delicata), was encountered opportunistically during survey activities and during camera trapping across the study area. Scratch marks left by a Lace Monitor (Varanus varius) were observed in a large Blackbutt adjacent to the study area. Remote cameras also recorded Land Mullets (Egernia major) and a Red-bellied Black Snake (Pseudechis porphyriacus).

3.3.4 Microchiropterans Bats A total of six microbat species were detected via the use of the Anabat express echo-location call recorder. Of these species, three are listed as Vulnerable under the TSC Act, specifically the Little Bent-wing Bat (Miniopterus australis), Eastern Bent-wing Bat (Miniopterus schreibersii oceanensis), and the Yellow-bellied Sheath-tailed Bat (Saccolaimus flaviventris). The three remaining microbats positively identified were the White-striped Free-tailed Bat (Austronomus australis), Gould’s Wattled Bat (Chalinolobus gouldii), and Ride’s Free-tail Bat (Mormopterus ridei), are all known common species. Additionally, the following bat species had potential to occur within the Study Area, but could not be confidently identified: . Chocolate Wattled Bat (Chalinolobus morio) . Eastern Falsistrelle (Falsistrellus tasmaniensis) (Vulnerable under the TSC Act); . Eastern Free-tail Bat (Mormopterus norfolkensis) (Vulnerable under the TSC Act); . Large-footed Myotis (Myotis macropus) (Vulnerable under the TSC Act); . Lesser long-eared Bat (Nyctophilus geoffroyi) . Gould’s Long-eared Bat (Nyctophilus gouldi) . Greater Broad-nosed Bat (Scoteanax rueppellii) . Eastern Broad-nosed Bat (Scotorepens orion) . Large Forest Bat (Vespadelus darlingtoni); . Eastern Forest Bat (Vespadelus pumilus); . Southern Forest Bat (Vespadelus regulus); . Eastern Cave Bat (Vespadelus troughtoni) (Vulnerable under the TSC Act) and

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. Little Forest Bat (Vespadelus vulturnus)

Refer to Appendix 2 for a detailed list of recorded species and Appendix 4 for the Anabat Call Recording reports.

3.3.5 Nocturnal Call Playback

Call play back was undertaken for the Powerful Owl, Masked Owl, Barking Owl, Squirrel Glider and Koala over five nights.

A Powerful Owl was heard responding during call back with one individual flying in to position inside the study area within 10 metres of the call playback location on the first night of call playback (Refer to Plate 13). Call playback for this species was not repeated over subsequent nights to minimise disturbance to individuals hunting or possibly nesting in the area.

Grey-headed Flying-fox were observed overflying during every call playback session.

No Masked Owls, Barking Owls, Squirrel Gliders or Koalas were heard responding to call backs played during the survey period.

Plate 13: Powerful Owl recorded during Call Playback surveys

3.4 Habitat Survey

Terrestrial Habitat

The study area is densely forested throughout, with Coastal Sand Apple – Blackbutt Forest occupying elevated sites on low sand hills while Swamp Mahogany – Paperbark Forest covers the extensive basins between sand hills.

The swamp forests which occupy most of the study area have a nearly uniformly dense, tall ground cover of sedges (Gahnia clarkei), Swamp Water Fern (Blechnum indicum), and Jointed Twig-rush (Baumea articulata). Patches of open ground cover exist at a few locations, mostly in association with stands of Cabbage Tree Palm (Livistonia australis). In these areas, deep mats of palm fronds cover the ground. Sedges grow amongst a deep litter of decaying plant material, with moderate amounts of woody debris. Small open patches in the sedges are present where water may accumulate following heavy rain. Along the existing road verge, the ground cover consists of mown grasses over

JUNE 2018 34 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS compacted sandy soils. Ground cover across the study area is likely to provide adequate shelter for secretive terrestrial mammals, such as the Swamp Rat (Rattus lutreolus), as well as small skinks and frogs. The understorey is dominated by paperbarks, with more open areas where water collects and greater density towards higher ground. The understorey could provide seasonal blossom as well as insects among the foliage for foraging woodland birds. Canopy vegetation is dominated by larger paperbarks (mostly Broad-leafed Paperbark Melaleuca quinquenervia) with some Swamp Mahogany. A few patches of Swamp Oak (Casuarina glauca) as well as patches of Cabbage Tree Palm. Swamp Mahogany is an important winter flowering food tree for nectivorous birds including the Swift Parrot, Regent Honeyeater, Little Lorikeet, and a variety of other honeyeater and lorikeet species, and the paperbarks may provide seasonal blossom at other times of the year. Swamp Mahogany is also an important koala food tree, while Broad-leafed Paperbark and Swamp Oak are listed by the PSC CKPoM as a species important to koalas in the area. Cabbage Tree Palms on site may be important to frugivorous birds and the Grey-headed Flying-fox. The dense canopy and understorey vegetation is likely to provide forage to a wide range of woodland birds such as thornbills, fantails, and whistlers which forage for insects amongst the foliage. No tree hollows or other important arboreal habitat features were found within the swamp forests. This may relate to the species of trees found in swamp forests not forming hollows through natural processes.

Coastal Sand Apple – Blackbutt Forest occupies a few low sand hills at the point of the intersection with Seaside Boulevard and in the west of the study area. The ground cover is moderately dense to densely covered with a floristically diverse assemblage of vines, grassy, herbaceous, and subshrub species. The ground cover has good structural elements such as wood litter, fallen logs, burrows, and dense vegetation thickets, which together with the floristic diversity and sandy substrate provides high quality habitat for terrestrial fauna species such as small mammals and reptiles. Camera traps recorded small mammals at high frequency, including Brown Antechinus, Bush Rats, and Black Rats. The ground cover vegetation likely provides a range of seeds, fruits, and vegetative forage for these species throughout the year. Though not recorded on this survey, New Holland Mouse has been recorded in the contiguous landscape and may forage among the ground cover of the Coastal Sand Apple – Blackbutt Forest. A varied understorey and shrub layer provides good cover for the above mentioned terrestrial species, as well as forage in the form of blossom, insects, and seeds for these species and woodland birds. The canopy is dominated by Blackbutt and Smooth-bark Apple, with occasional Old Man Banksia. These canopy species all provide good foraging resources for nectivorous species, such as honeyeaters, lorikeets, gliders, as well as insects for gliders, thornbills, honeyeaters, Golden Whistlers, and Eastern Yellow Robins. Several large Blackbutt and Smooth- barked Apple were observed to contain hollows, which could provide shelter for Brush-tail Possums, which were frequently observed on cameras and spotlighting, as well as Squirrel Gliders and Feathertail Gliders, which were observed on cameras, large forest owls, such as the Powerful Owl observed during call playback, microbats, Lace Monitors, and a variety of hollow-nesting birds. Hollow-bearing trees have been displayed on Figure 5.

Aquatic Habitat

No permanent aquatic habitat occurs within the study area. Swamp Mahogany – Paperbark Forests may contain ephemeral pools during wetter periods. Dense, tall Saw Sedge (Gahnia clarkei) dominates most of these ephemeral wetlands, beneath moderately dense paperbarks. The very dense groundcover vegetation beneath a closed canopy would preclude most aquatic birds from utilising the wetlands. Only a few, restricted locations may contain open water in very wet conditions, and these may offer only poor quality habitat for more secretive water birds such as bitterns and snipes. These wetlands may provide breeding habitat for the Striped Marsh Frog recorded during surveys.

Connectivity

The study area consists of native forests bordering Nelson Bay Road. The majority of the study area lies to the east of the road adjacent to a 200 metre wide ecological corridor associated with the approved Fern Bay residential development. This corridor connects a large contiguous landscape of native vegetation inland from Stockton Dunes stretching to the northeast as far as Anna Bay, and to the southwest into native vegetation surrounding Newcastle Golf Course and contiguous with a large patch of conserved native vegetation in Worimi Regional Park. This corridor is important for

JUNE 2018 35 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS preserving connectivity for less mobile fauna, such as gliders, koalas, terrestrial mammals, reptiles, and frogs.

The proposal will result in clearing almost entirely within the exiting road reserve of Nelson Bay, which will not narrow the ecological corridor to less than the 200 metres specified in the approvals for this subdivision. Clearing beyond the Nelson Bay road reserve and into this corridor will occur at two locations, to a very limited extent. In the south of the site, wider road side batters are necessary along a sand hill, and these batters will extend up to 15 metres beyond the Nelson Bay road reserve into the ecological corridor, over a stretch of approximately 50 metres in length. This batter will therefore decrease the width of the corridor to some extent, though not to a degree likely to significantly fragment the landscape beyond exiting levels. Vegetation over this batter will recover after road construction works are complete, thus the 200 metre wide ecological corridor will not be narrowed over the long-term. The second point of encroachment into this corridor will occur at the intersection where Seaside Boulevarde meets Nelson Bay Road. Vegetation clearing associated with Seaside Boulevarde cuts across the ecological corridor as part of existing approvals for the residential subdivision. The proposal will extend the break in vegetation to Nelson Bay road, and thus cause some fragmentation in the landscape. A gap of up to 50 metres will be created between canopy vegetation at this point. This could potentially create a hostile connection for gliders, such as the Squirrel Glider which is known to occur in the locality. Recommendations to mitigate this impact are detailed in Section 5.

Limited clearing will occur to the west of Nelson Bay Road to establish road signage, light poles, and associated safety barriers. Clearing will occur entirely within the Nelson Bay Road reserve, within a corridor of contiguous native vegetation stretching from Fullerton Cove to The Cove Village at Fern Bay. The very small area of clearing associated with the proposal will not further fragment this landscape.

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Figure 5 Fauna Survey Results

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4 Impact Assessment

The following section provides an overview of the potential direct and indirect impacts associated with the proposal. This overview has been used to inform a likelihood of occurrence and potential for impacts to occur to threatened species, populations and ecological communities. In such instances, this has determined the need for further assessment of significance (7-part test).

4.1 Potential Impacts

Based on the ecological survey results over the Study Area, the following direct and indirect impacts have been generated to inform impact assessment related to the proposal (refer to Figure 6).

Direct Impacts

The proposed development footprint will require the complete removal of up to 1.63ha of native vegetation on both sides of Nelson Bay Rd. Notably the impact area has been established to represent the maximum area of impact as design configuration and therefore impact finalisation will be in accordance with the RMS design review. As such the final area of impact beyond batters shown on the development plans in Appendix 1 may reduce. Nevertheless and taking a conservative approach to the precautionary principle, the full impact area is assumed to be impacted for the purposes of ecological impact assessment.

The development site is located primarily along the eastern edge of Nelson Bay Road, with a few roadside signs and other structures located on the western road edge and linking up with Seaside Boulevard which continues to the east.

Direct impacts have been summarised below:

Vegetation

The Site contains three vegetation communities, these communities are: . 0.58ha of Coastal Sand Apple-Blackbutt Forest; . 1.12ha of Swamp Mahogany – Paperbark Forest commensurate with the TSC ACT listed Endangered Ecological Community Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions; and . 0.06ha of Swamp Oak Sedge Forest. This vegetation community is not of a patch size large enough to be commensurate with the EPBC ACT listed Endangered Ecological Community Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions.

Flora

No threatened flora species were observed during targeted surveys of the study area. Vegetation removed by the proposal includes: . 0.45ha cleared Coastal Sand Apple-Blackbutt Forest . 1.12ha cleared Swamp Mahogany – Paperbark Forest commensurate with the TSC ACT listed Endangered Ecological Community Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions . 0.06ha cleared Swamp Oak Sedge Forest

Fauna

Threatened fauna observed within or adjacent to the study area during surveys include: . Squirrel Glider (Petaurus norfolcensis);

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. Powerful Owl (Ninox connivens); . White-bellied Sea-eagle (Haliaeetus leucogaster); . Grey-headed Flying-fox (Pteropus poliocephalus); . Little Bentwing-bat (Miniopterus australis); . Eastern Bentwing-bat (Miniopterus australis); and . Yellow-bellied Sheath-tailed Bat (Saccolaimus flaviventris). In addition to removal of vegetation communities listed above which provide habitat for these species, up to three hollow-bearing trees will be removed (however, most likely only a single hollow bearing tree is expected to be removed), which could provide denning sites for Squirrel Gliders, Powerful Owls, and other hollow-dependent fauna occurring in the locality.

Habitat fragmentation & Connectivity

The study area lies within a large tract of native forest with connectivity extending into the surrounding Tomaree National Park region on all sides of the study area. The study area is adjacent to an important 200m ecological corridor established as part of the approval for the Fern Bay Seaside Village. The proposal will extend existing approved clearing across this corridor at the point of intersection with Seaside Boulevard, which will lead to fragmentation potentially impacting less mobile terrestrial species and gliders. The widening of Nelson Bay Rd to establish acceleration and deceleration lanes, together with roadside batters, will increase an area of existing fragmentation in the landscape.

Indirect Impacts

The proposal may result in the following indirect impacts associated with the development of the proposal: . Modified or increased edge effects adjacent to the existing road and at the point of the intersection; . Increased risk of weeds establishing on disturbed ground in an area with high levels of current weed incidence; . Potential increased risk of vehicle strike due to widening of the existing, high-traffic road. Though it is noted that the nature of traffic travelling on the acceleration and deceleration lanes will not pose the same level of risk to fauna as the existing 100 km/h traffic lanes on Nelson Bay Road. This is due to slower speeds travelled approaching and leaving the intersection; and . Potential changes to water regimes and runoff quality.

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Figure 6 Development Area over Ecological Features

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4.2 Threatened Species & Communities Likelihood of Occurrence Assessment

Threatened flora and fauna species (listed under the TSC Act and/or EPBC Act) that have been gazetted and recorded within a 10 kilometres radius of the Site have been considered within the assessment contained in Table 4. Each species / community is considered for its likelihood to occur on the Site and potential for impact arising from the proposal. Where a potential for impact is considered the entity has been nominated for further assessment under an Assessment of Significance (AoS) in Appendix 3.

‘Species / Community’ – Lists each threatened species / EEC known from the locality (10 km radius). The status and number of records along with source and notes for each threatened entity under the TSC Act and the EPBC Act are also provided.

‘Habitat / Species Descriptions’ – for up to date threatened species profiles including habitat descriptions and other key ecological information reference is made to the following online resources: . NSW OEH Threatened Species Profile Search - http://www.environment.nsw.gov.au/threatenedSpeciesApp/ . Commonwealth Biodiversity: Species Profile and Threats Database (SPRAT) - http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl

‘Likelihood of Occurrence on Site’ – Assesses the likelihood of each locally recorded species and EEC to occur within the Site, using knowledge of each species’ habitat and lifecycle requirements and with regard the habitat types present within the Site, results of the literature review and database searches and field investigations. The location and number of records of the species (OEH Atlas of NSW Wildlife) were also considered in determining probability of occurrence.

'Potential for Impact’ – Assesses the likelihood of impacts to each species / community that would result from the proposed development, considering direct and indirect short and long-term impacts.

Database searches were conducted of the NSW Wildlife Atlas (28-03-2018) and Commonwealth Protected Matters Tool (28-03-2018).

Note: marine species (bird, reptile, fish, mammal) recorded on the Protected Matters have not been listed or assessed herewith.

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Table 4: Likelihood of Occurrence and Impact Assessment

EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records Vegetation Communities Swamp sclerophyll forest on coastal floodplains of the - E This community was recorded within the study area. NSW north coast, Sydney Basin bioregion and South East An AoS has been applied in Appendix 3. Corner bioregions Swamp Oak Floodplain Forest of the NSW North Coast, E E This community was recorded within the study area. Sydney Basin and South East Corner bioregions. An AoS has been applied in Appendix 3. Flora This species was not recorded within the study area during flora surveys. This species typically occurs on deep white sandy soils over sandstone in open woodland, forest and wet heath. This species was not recorded during targeted surveys within the study areas. The absence of records within a 10 km search of the locality, Angophora inopina Charmhaven Apple V V - coupled with lack of suitable habitat and records during targeted surveys, this species is unlikely to occur on site. Therefore, this species is considered unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area during flora surveys and there are no records within 10km. This species is found to occur in damp areas often along river banks in dry sclerophyll forests which do not occur on site. Therefore, it is Asperula asthenes Trailing Woodruff V V - considered unlikely to occur on site. On this basis this species is considered unlikely to be impacted by the proposal. An AoS is not required for this species. No targeted threatened species surveys were undertaken during this species optimal flowering period (Sept- Nov). This species is known only to occur in grassy sclerophyll woodland on clay loam or sandy soils which do not occur on site. Given the absence Thick-lipped Spider-orchid, Caladenia tessellata V E - of records in a 10km search, coupled with the lack of suitable habitat, this species is Daddy Long-legs considered unlikely to occur on site, and therefore unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area during flora surveys and there are no records within a 10km search. This species is known to occur in association Commersonia prostrata Dwarf Kerrawang E E - with swamp forest particularly where it forms an ecotone with dry sclerophyll open forest similar to a few small patches of vegetation found within the site. Although, there are few areas on site containing sparse ground cover and open understorey,

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records which this species prefers, comprehensive targeted threatened species surveys did not record this species on site, and it is therefore considered unlikely to occur. This species was not recorded on site and suboptimal habitat exists, thus this species is unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area during flora surveys. A targeted search was conducted in past surveys (ERM 2009) along the ecotone of the dry sclerophyll open forest and swamp forest during the species flowering period. No targeted threatened species surveys were undertaken as part of current assessment works during this species optimal flowering period (Nov-Jan). This species is known to occur in association with various vegetation communities such as dry sclerophyll heathy open forests, similar to the vegetation found on site. However, despite this Cryptostylis hunteriana Leafless Tongue-orchid V V - species cryptic nature and the presence of marginal suitable habitat the species appears to be restricted in the Port Stephens area to open forest on volcanic hills where rock outcropping occurs. The study area does not support this locally preferred habitat of volcanic geology or rock outcropping. Despite the lack of records during targeted surveys and marginal habitat present on site, this cryptic species has potential to occur and potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area during flora surveys and there are no records within 10km. The species occupies the edge of dry rainforest vegetation and other associated vegetation types with particular species compositions such as littoral rainforest, coastal scrub, open forest and woodland, which do not Cynanchum elegans White-flowered Wax Plant E E - occur on site. There are no records within a 10km area and coupled with lack of suitable habitat on site means it is highly unlikely to occur and therefore unlikely to be impacted by the proposal. An AoS is not required for this species No targeted threatened species surveys were undertaken during this species optimal flowering period (Jul- Aug). Previous surveys of the wider area by ERM (2009), recorded this species in remnant Coastal Sands Apple Blackbutt Forest approximately 800m east of the current study area. These records have not been Diuris praecox Newcastle Doubletail V V - recorded in the Bionet search of the area. The species grows on hills and slopes in open forests which have a grassy to fairly-dense understorey. This species has the potential to occur in the small areas of Apple Blackbutt forest in the study area, and therefore has potential to be impacted by the proposal. An AoS has been applied in Appendix 3.

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records This species was not recorded within the study area during targeted flora surveys, with very few records within a 10km search. There is no suitable habitat (coarse sandy soils and peat in heath, mallee and open eucalypt woodland on granite or acid volcanic outcrops at higher altitudes) found within the site. Given the absence of Eucalyptus camfieldii Camfields Stringybark V V 2 records during targeted surveys and within a 10km search, coupled with lack of suitable habitat, it is considered unlikely to occur on site and unlikely to be impacted by the proposal. An AoS is not required for this species This species was not recorded within the study area; however a small number of records exist with 10 km of the locality. The site supports marginal habitat for this species with dry sclerophyll -Smooth-barked Apple-Blackbutt-Old-man Banksia Eucalyptus parramattensis Earp’s Gum V V 18 Woodland As this conspicuous species was not recorded during targeted threatened subsp. decadens species searches on site, it is unlikely to occur. Therefore, this species is unlikely to be impacted by the proposal. An AoS is not required for this species This species was not recorded within the study area during flora surveys. This species occurs on light, clayey soils in woodlands, which do not occur on site. Grevillea parviflora subsp. Therefore, given the lack of preferred habitat, coupled with no records within a 10 km Small-flower Grevillea V V - parviflora search, this species is considered unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area during flora surveys. Few records exist within a 10km search of the area. This species grows in swamps, wetlands, and dams on heavy clay, unlike the sandy loam soil found on site. Due to Maundia triglochinoides - V 3 the unsuitable soil conditions coupled with few records found within a 10 km search this species is considered unlikely to occur on site and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area during flora surveys. The study area supports marginal suitable habitat (poorly drained areas, low-lying areas on alluvial soils) on site, however there are no adjacent water courses. Due to the lack of Melaleuca biconvexa Biconvex Paperbark V V - records within a 10 km search, coupled with no adjacent water courses, it is considered unlikely to occur on site and therefore unlikely to be impacted by the proposal. An AoS is not required for this species.

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records This species was not recorded within the study area and there are no records within 10km search. It is known to occur in damp sites associated with lakes and streams, including in disturbed areas. While there are damp sites, no streams or lakes are Persicaria elatior Knotweed, Tall Knotweed V V - present within this study area. Therefore, it is considered unlikely to occur on site and thus unlikely to be impacted by the proposal. An AoS is not required for this species. No targeted threatened species surveys were undertaken during this species optimal flowering period (Sept- Oct). The site is at the extreme southern edge of its predicted range. Lesser Swamp-orchids occur in association with wet coastal freshwater environments including swamp forests and swampy grasslands. While there is Phaius australis Lesser Swamp-orchid E E - swamp forest on site which are occasionally inundated, the site does not constitute suitable habitat. Therefore, this species is unlikely to occur on site and thus unlikely to be impacted by the proposal. An AoS is not required for this species. No targeted threatened species surveys were undertaken during this species optimal flowering period (Sept- Oct). There are no records within a 10km search of the study area. This species is restricted geographically to dry Eucalypt woodlands of the upper Prasophyllum sp. Wybong Leek Orchid CE - - Hunter and western districts. Therefore, given the lack of suitable habitat coupled with no records within a 10 km search, this species is considered unlikely to occur on site. On this basis, it is considered unlikely to be impacted by the proposal. An AoS is not required for this species This species was not recorded within the study area during flora surveys. There is no suitable rainforest habitat found within the site. Therefore, this species is unlikely Syzygium paniculatum Magenta Lilly Pilly V E - to occur on site and as such unlikely to be impacted by the proposal. An AoS is not required for this species. No targeted threatened species surveys were undertaken during this species optimal flowering period (Sept- Dec). However, past ecological assessment of the wider development area, presented no records during its optimal flowering period. The Tetratheca juncea Black-eyed Susan V V - current site conditions do not provide optimal habitat for this species and coupled with no records within a 10 km search suggests this species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species Birds This species was not recorded within the study area and there are no records within Anthochaera phrygia Regent Honeyeater CE E - a 10km search. This species is known to forage on E. robusta during winter migrations which is present on site. Despite there being no records within a 10km

JUNE 2018 45 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records search of the site, there is potential foraging habitat and therefore this species has potential to intermittently forage in the area. Therefore, this species may be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area and there are few records within a 10km search of the locality. This site contains suitable habitat of dry open eucalypt forests including a sedge groundcover, however the foraging nature of this species Artamus cyanopterus Dusky Woodswallow - V 2 (feeding aerially over canopy on edges of forests and woodlands) mitigates the cyanopterus potential impact this proposal would have. On this basis, this species is unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area; however records exist within a 10km search. There is marginal suitable habitat (dense tall sedges) found within the Botaurus poiciloptilus Australasian Bittern E E 12 site, however there are no permanent wetlands. On this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area and there are only two records within a 10km search. This species prefers scarce understorey and leaf litter, unlike the dense understorey found on site. Due to the lack of habitat and few records within Burhinus grallarius Bush Stone-curlew - E 2 a 10 km search this species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) found within the site. On Calidris canutus Red Knot E, M, A - 163 this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) or areas of bare mud or Calidris ferruginea Curlew Sandpiper CE, M, A E 924 sand on which to forage found within the site. On this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) found within the site. On Calidris tenuirostris Great Knot CE, M, A V 32 this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal.

JUNE 2018 46 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) or areas of bare mud or Charadrius leschenaultii Greater Sand Plover V, M, A V 4 sand on which to forage found within the site. On this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) or areas of bare mud or Charadrius mongolus Lesser Sand Plover E, M, A V 40 sand on which to forage found within the site. On this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area or within 10km of the site. This species is known to inhabit dense, low vegetation including heath and open woodland. The location of the site is outside of the species northern range. This Dasyornis brachypterus Eastern Bristlebird E E - coupled with lack of recordings means it is unlikely to occur on the site and it is unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (floodplain wetlands of major coastal rivers, minor flood plain, coastal sandplain wetlands and estuaries) found within the site. The swamp forest, though occasionally Ephippiorhynchus asiaticus Black-necked Stork - E 2 waterlogged, does not constitute wetland habitat suitable for this species. This species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area and only a few have been recorded within a 10 km search of the study area. This species forages over bare or Epthianura albifrons White-fronted Chat - V 5 grassy ground in wetland areas and as such the site inhabits no suitable habitat. This species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is marginal suitable habitat (Melaleuca Swamp Forest or other riparian vegetation) found within the site. Erythrotriorchis radiatus Red Goshawk V CE - However, due to the lack of records within a 10km search, it is considered unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species

Glossopsitta pusilla Little Lorikeet - V 1 This species was not recorded within the study area and only one recording exists within a 10 km search. There are some foraging trees present within the site (A.

JUNE 2018 47 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records costata and M. quinquenervia), however, this species primarily forages in open eucalyptus woodland which is present but limited as well as riparian habitat which is absent. As such this species can potentially use this site for foraging. Therefore, this species has potential to occur and has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area and no records exist within a 10 km search. There is no suitable habitat (inhabits Boree/ Weeping Myall (Acacia pendula), Brigalow (A. harpophylla) and Box-Gum Woodlands and Box-Ironbark Grantiella picta Painted Honeyeater V V - Forests) found within the site. This species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable intertidal habitat (rock pools, beaches, or mudflats) found within the site. This species is Haematopus fuliginosus Sooty Oystercatcher - V 2 unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable intertidal habitat (rock pools, beaches, or mudflats) found within the site. This species is Haematopus longirostris Pied Oystercatcher - E 29 unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was recorded within the study area, and many records exist within a 10 Haliaeetus leucogaster White-bellied Sea-Eagle M V 49 km search. Suitable roosting habitat occurs on site. An AoS has been applied in Appendix 3. This species was not recorded within the study area and only one record exists within a 10 km search. This species is found throughout Australia in various open woodland and forest vegetation communities where it preys on small mammals and Hieraaetus morphnoides Little Eagle - V 1 insects. Little Eagles are unlikely to forage in the dense, closed-canopy forests in the study area. Therefore, this species is unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area and only one recording within a 10 km search of the study area. This species is known to forage on flowering eucalypt spp. during winter migrations such as E. robusta, which occurs on site. Therefore, Lathamus discolor Swift Parrot CE, A E 1 this species has potential to occur, and as such potential to be impacted by the proposal. An AoS has been applied in Appendix 3.

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records This species was not recorded within the study area. There is no suitable habitat (estuarine sandflats and mudflats, harbours, embayments, lagoons, saltmarshes and Limicola falcinellus Broad-billed Sandpiper - V 13 reefs as feeding and roosting habitat) found within the site. This species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) found within the site. On Limosa lapponica baueri Bar-tailed Godwit V, M - - this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) found within the site. On Northern Siberian Bar-tailed Limosa lapponica menzbieri CE, M - - this basis, the species is unlikely to occur and as such unlikely to be impacted by Godwit the proposal. An AoS is not required for this species. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) found within the site. On Limosa limosa Black-tailed Godwit M V 285 this basis, the species is unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area and only one record exists within a 10 km search. The site does not support a grassy ground cover on which this species could forage. The site does contain tree hollows for it to nest, although the site is not in close proximity to habitats such as open woodlands, farmlands, or Neophema pulchella Turquoise Parrot - V 1 timbered ridges and creeks where this species is typically found. There is no suitable foraging habitat on site and it is unlikely that this species would occur on site. Therefore, this species is unlikely to be impacted by this proposal. An AoS is not required for this species. This species was recorded within the study area. Ninox strenua Powerful Owl - V 6 An AoS has been applied in Appendix 3. This species was not recorded within the study area. There is no suitable habitat (intertidal mud flats in estuaries, bays, lakes and lagoons) found within the site. On Numenius Eastern Curlew CE, M - 99 this basis, the species is unlikely to occur and as such unlikely to be impacted by madagascariensis the proposal. An AoS is not required for this species.

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records This species was not recorded within the study area. There is no suitable foraging habitat found within the study area (coastal environments, shorelines, reefs and open water) for this species. Due to the site’s proximity to high quality foraging habitat in Pandion cristatus Eastern Osprey M V 6 coastal waters, Eastern Ospreys have the potential to overfly the site or roost in some of the larger emergent trees or stags. This species therefore has potential to occur and as such has potential be impacted by the proposal. An AoS has been applied in Appendix 3. Sternula albifrons Little Tern This species was not recorded within the study area. This species forage for fish over open water and roost on coastal sands, open rocky areas, and flats. The site M E 32 offers no foraging or roosting habitat for this species. Therefore, this species is unlikely to occur and unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area, and few records exist within a 10 km search. The site does not support suitable habitat of tall grass, swampy heath Tyto longimembris Eastern Grass Owl - V 3 or sedgeland on floodplains. Therefore, this species is unlikely to occur and unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area, however records exist from the surrounding area, including the adjacent Fern Bay Seaside Village. The Coastal Sand Apple – Blackbutt Forest contains a small number of large tree hollows that are suitable nest and diurnal roost sites for this species. The forests, particularly areas of Tyto novaehollandiae Masked Owl - V 3 sparse understorey which form an ecotone with swamp forest, constitute potential foraging habitat for the Masked Owl. Suitable prey items are common in this habitat, including small terrestroa; mammals such as Bush Rats, Black Rats, and Antechinus species. Therefore, the Masked Owl has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area. Suitable habitats of coastal mudflats, lagoons, creeks, and estuaries with mudbanks or sandbanks are not Xenus cinereus Terek Sandpiper M V 242 present on site. Therefore, this species is unlikely to occur and unlikely to be impacted by the proposal. An AoS is not required for this species. Mammals

This species was not recorded within the study area and there are no records within Chalinolobus dwyeri Large-eared Pied Bat V V - 10km. No preferred roosting habitat (caves or similar structures) are found within the study area, and the small amount of foraging habitat which will be impacted is similar

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records to habitats widespread in the surrounding locality. Therefore, while this species has potential to forage on site, due to the lack of records and lack of roosting habitat it is unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area. The study area supports foraging habitat and den sites for this species. This habitat is near-contiguous with similar habitat at sites where the species is known to occur, such as Tomaree Dasyurus maculatus Spotted-tailed Quoll E V - National Park. However, individuals may forage in the study area intermittently as part of a large home range centring on habitats in Tomaree National Park. The species therefore has potential to be affected by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area and there are no records within 10 km. Although, there may be some suitable arboreal habitats within the site, the site Petauroides volans Greater Glider V - - has and no connectivity to habitats in the region. This species is unlikely to occur on site and unlikely to be impacted by the proposal. An AoS is not required for this species. This species was recorded in the study area during remote camera surveys and many records exist within a 10 km search. The study area supports a small number of nesting sites, in the Coastal Sand Apple – Blackbutt Forest. The study area has good continuity with extensive forests in the surrounding region. The study area also Petaurus norfolcensis Squirrel Glider - V 16 supports foraging habitat of rich nectar food trees such as E. robusta, C. gummifera, Banksia serrata and M. quinquenervia. As such this species has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area, nor any secondary indications across the site were recorded during fauna surveys. A SEPP 44 assessment determined that the study area contains swamp forest that represents ‘potential koala habitat.’ These same areas represent ‘preferred koala habitat’ as defined in the Koala (Combined CKPoM Koala Habitat Mapping. This is due to the presence of Swamp Mahogany (E. Phascolarctos cinereus populations of Qld, NSW V V 79 robusta) as a canopy tree species. Areas of swamp forest constitute a potential koala and the ACT) movement corridor from preferred koala habitat at Newcastle Golf Course to preferred habitats north of the study area in the Tomaree Peninsula. Due to the lack of records, the koala will not be impacted by the proposal however koala habitat will be impacted. An AoS has been applied in Appendix 3. Assessment under the CKPoM is provided in Section 4.3.2.

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records This species was recorded within the study area. The study area is over 50km distant from the nearest records in the Bionet database. The study area may be at or Planigale maculata Common Planigale - V 0 near the extreme southern-coastal edge of this species range. An AoS has been applied in Appendix 3. This species was not recorded within the study area with only one recording within a 10 km search. The study area contains swamp forest that is potential habitat for the Potorous tridactylus Long-nosed Potoroo (SE species. However, preferred habitat on Hawkesbury sandstone is not present. On V V 1 tridactylus mainland) this basis, this species is considered unlikely to occur and as such unlikely to be impacted by the proposal. An AoS is not required for this species A mouse species which could not be confidently identified from photographs, but which is likely a New Holland Mouse, was recorded within the study area during fauna surveys, and many records exist within 10km. The site does not contain this Pseudomys species preferred habitat of mid-succession open woodlands or heathlands adjacent New Holland Mouse V - 8 novaehollandiae to coastal vegetation, however the site is contiguous with such habitat. Thus, this species has the potential to occur on site. Therefore, this species has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was recorded within the study area. No roosts were found, however Pteropus poliocephalus Grey-headed Flying-fox V V 19 foraging habitat is present. An AoS has been applied in Appendix 3. This species was not recorded within the study area during fauna surveys, however it has been recorded within a 10 km search. The study area provides potential roost sites throughout the dry sclerophyll open forest in Eucalypt sp. and foraging habitat Falsistrellus tasmaniensis Eastern False Pipistrelle - V 1 throughout the entire area. This species has potential to utilise the site for foraging and roosting and as such this species is likely to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was recorded within the study area and many records exists within 10 km. Although there are no preferred roosting habitats (caves, abandoned buildings, or rocky overhangs) found within the site, the site contains sub-optimal roosting habitat in a small number tree hollows. Suitable foraging habitat is found beneath the dense Miniopterus australis Little Bentwing-bat - V 8 canopy of dry sclerophyll forests, melaleuca forests and dense coastal forests and banksia scrub. This species was recorded foraging but is unlikely to utilise the site for roosting. Due to foraging activity occurring on site, this species has potential to be impacted by the proposal. An AoS has been applied in Appendix 3.

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records This species was recorded within the study area and many records exists within 10 km. Although there are no preferred roosting habitats (caves, abandoned buildings, or rocky overhangs) found within the site, the site contains sub-optimal roosting habitat in a small number tree hollows. Suitable foraging habitat is found beneath the dense Miniopterus schreibersii Eastern Bentwing-bat - V 6 canopy of dry sclerophyll forests, melaleuca forests and dense coastal forests and oceanensis banksia scrub. This species was recorded foraging but is unlikely to utilise the site for roosting. Due to foraging activity occurring on site, this species has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area, however there are many records within a 10 km search of the area. The study area provides potential roost sites in tree hollows in the Coastal Sand Apple – Blackbutt Forest and foraging Mormopterus norfolkensis Eastern Freetail-bat - V 9 habitat is present throughout the entire area. This species has potential utilise the site for foraging and roosting and as such this species has potential be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area, however there are many records within a 10 km search of the area. This species is known to prefer roosting in caves or similar structures, however tree hollows may be used. The study area provides potential sub-optimal roost sites in a small number of hollow bearing trees in Myotis macropus Southern Myotis - V 5 the Coastal Sand Apple – Blackbutt Forest and foraging habitat is present throughout the entire area. This species has potential to utilise the site for foraging and roosting and as such this species has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was recorded within the study area and records exist within a 10 km search of the area. The study area provides potential roost sites in a small number of hollow bearing trees in the Coastal Sand Apple – Blackbutt Forest and foraging Yellow-bellied Sheathtail- Saccolaimus flaviventris - V 4 habitat is present throughout the entire area. This species was recorded foraging and bat has potential to utilise the site for roosting, and as such this species has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area, however there are many records within a 10 km search of the area. The study area provides potential roost sites in a small number of hollow bearing trees in the Coastal Sand Apple – Blackbutt Scoteanax rueppellii Greater Broad-nosed Bat - V 7 Forest and foraging habitat throughout the entire area. This species has potential to utilise the site for foraging and roosting and as such this species has potential to be impacted by the proposal.

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EPBC No. of Scientific Name Common Name TSC Act Likelihood of Occurrence / Likely Level of Impact Act Records An AoS has been applied in Appendix 3. Herpetofauna This species was not recorded within the study area during surveys, however it was recorded in nearby sedgelands near the Tomago sand beds. Furthermore, 17 recordings exist within a 10 km search of the area. Potential habitat for this species occurs within the swamp forest throughout the study area, however open waters of ephemeral or permanent wetland habitat are not present within this site. The swamp Crinia tinnula Wallum Froglet - V 19 forest present within the site is unlikely to support viable populations of the Wallum Froglet as there is no standing water available which is necessary for breeding to occur. Due to the presence of marginal swamp forest habitat this species has potential to occur on site and as such potential to be impacted by the current proposal. An AoS has been applied in Appendix 3. This species was not recorded within the study area during surveys and there are no records within 10km. There is no suitable habitat (Hawkesbury Sandstone/ sandstone Heleioporus australiacus Giant Burrowing Frog V V - ridges or plateaus) found within the site. On this basis, the species is unlikely to occur on site and therefore unlikely to be impacted by the proposal. An AoS is not required for this species. This species was not recorded within the study area during surveys and only a few have been recorded within a 10 km search of the study area. Potential habitat for this species occurs within the swamp forest throughout the study area, however preferred open unshaded ephemeral or permanent wetland habitat is not present within the site. The swamp forest present is not likely to support viable populations of this Litoria aurea Green and Golden Bell Frog V E 7 species as there is no standing water available which is necessary for breeding to occur. Due to the absence of emergent vegetation and other preferred habitat features associated with this species it is unlikely that this species will occur on site and therefore unlikely to be impacted by the current proposal. An AoS is not required for this species. This species was not recorded within the study area during surveys and only two records exist within a 10 km search of the study area. Marginal habitat for this species occurs within the swamp forest throughout the study area. This species inhabits Uperoleia mahonyi Mahony’s Toadlet - E 2 ephemeral and semi-permanent swamps and swales with limited flow of water. Due to the presence of marginal habitat this species it has potential to occur and as such has potential to be impacted by the proposal. An AoS has been applied in Appendix 3. Key: V = Vulnerable M = Migratory A= Marine E = Endangered CE = Critically Endangered

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The following species and vegetation communities are assessed in Appendix 3 under the 7 Part Test of Significance (TSC Act) based on the likelihood of occurrence results contained in Table 4.

Vegetation Communities . Swamp sclerophyll forest on coastal floodplains of the NSW north coast, Sydney Basin bioregion and South East Corner bioregions . Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions.

Flora . Cryptostylis hunteriana Leafless Tongue-orchid . Diuris praecox Newcastle Doubletail

Fauna

Birds

Woodland Birds . Glossopsitta pusilla Little Lorikeet . Lathamus discolour Swift Parrot . Anthochaera phrygia Regent Honeyeater

Forest Owls . Ninox strenua Powerful Owl . Tyto novaehollandiae Masked Owl

Diurnal Raptors . Hieraaetus leucogaster White-bellied Sea-Eagle Mammals . Dasyurus maculatus Spotted-tailed Quoll . Petaurus norfolcensis Squirrel Glider . Phascolarctos cinereus Koala . Planigale maculata Common Planigale . Pseudomys novaehollandiae New Holland Mouse . Pteropus poliocephalus Grey-headed Flying-fox Hollow-dependent Microbats . Mormopterus norfolkensis Eastern Freetail-bat . Saccolaimus flaviventris Yellow-bellied Sheathtail Bat . Scoteanax rueppellii Greater Broad-nosed Bat . Falsistrellus tasmaniensis Eastern False Pipistrelle Cave-dwelling Microbats . Miniopterus australis Little Bentwing-bat . Miniopterus schreibersii oceanensis Eastern Bentwing-bat . Myotis macropus Southern Myotis

JUNE 2018 55 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

Frogs . Crinia tinnula Wallum Froglet . Uperoleia mahonyi Mahony’s Toadlet

Assessment of Significant under the 7-part test determined that the proposal is unlikely to have a significant impact on threatened entities such that a local extinction would occur.

4.3 Other Legislative Considerations

4.3.1 Key Threatening Processes

A Key Threatening Process (KTP) is defined in the TSC Act as a process that “threatens, or could threaten, the survival or evolutionary development of species, populations or ecological communities”. They are listed under Schedule 3 of the TSC Act and may adversely affect threatened species, populations or ecological communities or could cause species, populations or ecological communities that are not threatened to become threatened.

A total of 11 KTP’s have the potential to operate on site and require consideration under the site proposal:

1. Aggressive exclusion of birds from woodland and forest habitat by abundant Noisy Miners (Manorina melanocephala)

2. Anthropogenic Climate Change

3. Competition and grazing by the feral European Rabbit (Oryctolagus cuniculus)

4. Loss of hollow bearing trees

5. Removal of dead wood and dead trees

6. Invasion, establishment and spread of Lantana camara (Lantana)

7. Invasion of native plant communities by Chrysanthemoides monilifera

8. Invasion of native plant communities by exotic perennial grasses

9. Infection of native plants by Phytophthora cinnamomi

10. Predation by the European Red Fox (Vulpes vulpes)

11. Clearing of native Vegetation

Aggressive exclusion of birds from woodland and forest habitat by abundant Noisy Miners (Manorina melanocephala)

Noisy Miners were not observed within the study area. The proposal seeks to remove 1.12ha of mature Swamp Mahogany – Paperbark Forest and 0.45ha of Coastal Sand Apple Blackbutt Forest. This will result in marginal increase in the forest edge habitat that Noisy Miners prefer. The increase in edge will only be minor due clearing occurring almost entirely along the existing road, which currently provides this edge habitat between contiguous parcels of bushland.

This KTP is not currently operating on site, or potentially operating at low levels outside the season of surveys. The proposal may increase the potential for Noisy Miners to colonise the area to a very limited extent, via the widening of an existing forest edge along Nelson Bay Rd, and therefore may to a limited degree increase the potential for this KTP to begin operating.

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Invasion, establishment and spread of Lantana (Lantana camara)

This species was observed on site during field surveys with relatively significant infestations present within the swamp forest and drainage line vegetation along in the study area along the road edge.

The proposal seeks to remove 1.12ha of well-established Swamp Mahogany – Paperbark Forest and 0.45ha of Coastal Sand Apple Blackbutt Forest. The areas to be cleared currently contain isolated Lantana thickets. The proposal may increase the potential for Lantana to colonise edges of retained remnant vegetation but will be reduced in areas of road construction due to the wholesale removal of vegetation in these areas. On this basis, it is considered that the proposal may increase the prevalence of this KTP which is currently operating within the study area, whilst reducing its effect within the construction site.

Invasion, establishment and spread of Bitou Bush (Chrysanthemoides monilifera Subsp. rotundata)

This species was observed on site during field surveys in very limited numbers. Past disturbances to the vegetation, seed spread by birds and exotic species have likely provided opportunity for establishment and spread of this species in the area.

The proposal seeks to remove 1.12ha of well-established Swamp Mahogany – Paperbark Forest and 0.45ha of Coastal Sand Apple Blackbutt Forest. The proposal may increase the potential for Bitou Bush to colonise edges of retained remnant vegetation but will be reduced in areas of development due to the removal and management of vegetation in these areas. On this basis, it is considered that the proposal may increase the prevalence of this KTP which is currently operating within the study area, whilst reducing its effect within the development site.

Anthropogenic Climate Change

Modification of the environment by humans is considered to contribute to Climate Change and as a result has been listed as a Key Threatening Process. Activities such as the construction processes which will occur as a result of the proposal are actions that can contribute to greenhouse gas emissions. These actions may indirectly impact upon known or potentially occurring threatened species as the distribution of these species is affected by climate.

The proposal seeks to remove 1.12ha of well-established Swamp Mahogany – Paperbark Forest and 0.45ha of Coastal Sand Apple Blackbutt Forest. The impact of the proposal is likely to make a minor contribution to anthropogenic climate change due to the loss of vegetation (carbon storage), coupled with increased vehicular use. Such impacts would contribute only by small amounts and would cause little impact on locally occurring threatened species, populations or ecological communities.

Loss of hollow bearing trees

The abundance of hollow bearing trees on site was observed to be low. The Swamp Mahogany – Paperbark Forests did not contain any hollow-bearing trees, likely due to the species within this vegetation community not forming hollows through natural processes. Only a small number (seven in total) of hollow-bearing trees were found within Coastal Sand Apple – Blackbutt Forest in the area of proposed roadside batters in the west of the study area.

The development will result in the removal of up to three hollow bearing trees, (however most likely only a single hollow bearing tree is expected to be removed), and therefore will result in a small increase in this KTP on site.

Removal of dead wood and dead trees

The proposal seeks to remove 1.12ha of mature Swamp Mahogany – Paperbark Forest and 0.45ha of Coastal Sand Apple Blackbutt Forest. Due to the age of the vegetation the site contains a significant amount of dead wood and dead trees, on this basis the proposal may contribute to this KTP. Considering the quantity of vegetation to be cleared this contribution will be minor.

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Invasion of native plant communities by exotic perennial grasses

This KTP is considered to be operating on site primarily along Nelson Bay Rd, and the intersection where significant openings in the canopy are present. The proposal seeks to remove 1.12ha of mature Swamp Mahogany – Paperbark Forest and 0.45ha of Coastal Sand Apple Blackbutt Forest. The proposal may result in the widening of road/forest edge buffer zones which are regularly mowed or slashed, potentially resulting in the increase of invasive native plant communities.

Infection of native plants by Phytophthora cinnamomi.

The soil born pathogen Phytophthora cinnamomi spreads in plant roots and has been known to infect a number of native plants. There was no evidence observed of P. cinnamomi impact on site during the survey period. Given the proposal will increase vehicle/machinery movements on site during construction and operations, it is possible that contamination of the site with the pathogen may occur. Due to this risk of contamination it is considered likely that the proposal may contribute to this KTP. A Plant hygiene protocol should be implemented to ensure spread of the pathogen by machinery to be used on site is cleaned down prior to arrival on site in accordance with industry best practice.

Introduction and establishment of Exotic Rust Fungi of the order Pucciniales pathogenic on plants of the family Myrtaceae;

The exotic rust pathogen of the order Puccinales spores can be dispersed by wind, water-splash, on plant material including seed, on people and their clothing and equipment and has been known to infect plants of the family Myrtaceae. There was no evidence observed of Exotic rust fungus impact on site during the survey period. Given the proposal will increase vehicle/machinery movements on site during construction and operations, it is possible that contamination of the site with the pathogen may occur. Due to this risk of contamination it is considered that the proposal may contribute to this KTP. A plant hygiene protocol should be implemented to ensure spread of the pathogen by machinery to be used on site is managed, and machinery is to be cleaned down prior to arrival on site in accordance with industry best practice.

Clearing of native vegetation

The KTP final determination lists nine factors that have the potential to impact species distribution or result in extinction. These factors are: 1) destruction of habitat resulting in loss of local populations of individual species; 2) fragmentation; 3) expansion of dryland salinity; 4) riparian zone degradation; 5) increased greenhouse gas emissions; 6) increased habitat for invasive species; 7) loss of leaf litter layer; 8) loss or disruption of ecological function; and 9) changes to soil biota.

The proposal seeks to remove 1.12ha of well-established Swamp Mahogany – Paperbark Forest and 0.45ha of Coastal Sand Apple – Blackbutt Forest. This loss of vegetation will represent a small amount of habitat loss for potential threatened species in the area. Remnant vegetation will be conserved in the locality in the 200m ecological corridor along Nelson Bay Road, and in the Community Conservation Lands of the adjacent Fern Bay Seaside Village, reducing the likelihood of local extinctions of threatened species as a result of the proposal.

The proposal will affect habitat connectivity on a small scale within the study area, but it will not fragment or isolate areas of habitat in the surrounding region.

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The proposal will have a minor impact on increasing greenhouse gas emissions and a minor loss on leaf litter layer due the reduction of vegetation within the site.

The site is not within or adjacent to a riparian area, and therefore will have no impact on riparian areas and will not increase areas of dry land salinity.

The proposal will have a minor impact on ecological function and soil biota. The sites ecological function and soil biota has been impacted prior to the proposal due to the previous land uses in the area, and the existing main road on site.

The proposed retained vegetation currently has low to moderate density cover of invasive weed species present, particularly Lantana camara (Lantana) which exists in isolated large thickets in the northern section of the site on the eastern side of the road. Chrysanthemoides monilifera Subsp. rotundata (Bitou Bush) was also apparent, scattered throughout the site. The majority of the site consists of good quality mature native vegetation.

On this basis, it is considered the KTP will be increased on a small scale in the locality, however it is unlikely that the level of impact will result in a decline and/ or extinction due to reduction in habitat availability from clearing.

Predation by the European Red Fox (Vulpes vulpes).

This KTP is currently operating on the site with the European Red Fox recorded in the surrounding area contiguous with the site, including the Worimi Conservation Lands, Fern Bay, and Fullerton Cove areas.

The removal of vegetation and widening of existing road corridors is not likely to lead to an increase in foxes on the site, and is not likely to increase the foraging potential of the area for foxes. Increases in traffic may have a negative impact on foxes locally. Therefore, this KTP is likely to continue to operate in the locality, though the proposal is not likely to significantly increase the abundance or activity of the European Red Fox.

4.3.2 Port Stephens Council Comprehensive Koala Plan of Management (CKPoM)

An assessment has been made against the provisions of Appendix 4 of the Port Stephens Council CKPoM. Assessment against performance criteria (a – h) of Appendix 4 is required under the Port Stephens Council Local Environmental Plan to comply with State Environmental Planning Policy No. 44 – Koala Habitat Protection.

Performance criteria (a – h) apply to all developments proposed on sites that contain or are adjacent to Preferred or Supplementary Koala Habitat, Habitat Buffers, or Habitat Linking Areas. Performance Criteria are as follows:

Proposed development (other than agricultural activities) must: a) Minimise the removal or degradation of native vegetation within Preferred Koala Habitat or Habitat Buffers;

(a) The proposed intersection is located in such a way that vegetation removal will occur primarily in the Coastal Sand Apple – Blackbutt forest, both at the point of intersection with Seaside Boulevarde and at roadside batters along sand hills in the west of the study area. This vegetation community represents Habitat Buffer over Supplementary Koala Habitat (0.55ha cleared). Vegetation removal within Swamp Mahogany – Paperbark Forest, which is Preferred Koala Habitat, will occur only as needed to accommodate the one-lane widening of Nelson Bay Road for acceleration and deceleration lanes and the required lighting, barriers, and signage for the intersection (0.89ha cleared). Vegetation removal for the proposed intersection will therefore minimise removal or degradation of native vegetation within Preferred Koala Habitat. Due to the location of Seaside Boulevarde in relation to Nelson Bay Road, it is not possible to locate the development in such a way that removal or degradation of native vegetation in Habitat Buffers can be further avoided or minimised.

JUNE 2018 59 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS b) Maximise retention and minimise degradation of native vegetation within Supplementary Koala Habitat and Habitat Linking Areas;

(b) The proposed intersection will remove only a small extent of Habitat Linking Area over Supplementary Koala Habitat (0.04ha cleared) and will not remove Supplementary Koala Habitat outside Habitat Buffer areas. Removal of this vegetation occurs at the point of the intersection with Seaside Boulevarde. Due to the location of this road and the Preferred Koala Habitat occurring on either side of the intersection, the proposed intersection is located in such a way as to maximise retention and minimise degradation of native vegetation within Supplementary Koala Habitat and Habitat Linking Areas. c) Minimise the removal of any individuals of preferred koala food trees, where ever they occur on a development site. In the Port Stephens LGA these tree species are Swamp Mahogany (Eucalyptus robusta), Parramatta Red Gum (Eucalyptus parramattensis), and Forest Red Gum (Eucalyptus tereticornis), and hybrids of any of these species. An additional list of tree species that may be important to koalas based on anecdotal evidence is included in Appendix 8

(c) The proposed intersection will remove Swamp Mahogany trees only where they occur directly adjacent to the existing Nelson Bay Road. The acceleration and deceleration lanes will be of a width necessary to accommodate traffic and required signage and safety structures, and cannot be sited in such a way to avoid all Swamp Mahogany. d) Make provision, where appropriate, for restoration or rehabilitation of areas identified as Koala Habitat including Habitat Buffers and Habitat Linking Areas over Mainly Cleared Land. In instances where Council approves the removal of koala habitat (in accordance with dot points 1-4 of the above waive clause), and where circumstances permit, this is to include measures which result in a “net gain” of koala habitat on the site and/or adjacent land;

(d) The proposed intersection will include vegetation clearing to accommodate roadside batters. These areas will be cleared only to accommodate the grading necessary to achieve the required slope of the roadside landform, after which native vegetation will regenerate over the roadside batters. No additional areas on site would be appropriate for restoration or rehabilitation of koala habitat, as the site consists of koala habitat throughout. e) Make provision for long term management and protection of koala habitat including both existing and restored habitat;

(e) Koala habitat which will remain within the study area is to be conserved as part of the reserves and ecological corridor established as part of the adjacent Fern Bay Seaside Village development. f) Not compromise the potential for safe movement of koalas across the site. This should include maximising tree retention generally and minimising the likelihood that the proposal would result in the creation of barriers to koala movement, such as would be imposed by certain types of fencing. The preferred option for minimising restrictions to safe koala movement is that there be no fencing (of a sort that would preclude koalas) associated with dog free developments within or adjacent to Preferred or Supplementary Koala Habitat, Habitat Buffers or Habitat Linking Areas. Suitable fencing for such areas could include: i) fences where the bottom of the fence is a minimum of 200 mm above ground level that would allow koalas to move underneath; ii) fences that facilitate easy climbing by koalas; for example, sturdy chain mesh fences, or solid style fences with timber posts on both sides at regular intervals of approximately 20m; or iii) open post and rail or post and wire (definitely not barbed wire on the bottom strand).

(f) The proposed intersection will not establish fencing or other structures which may impede movement of koalas. The widening of Nelson Bay Road will marginally increase (overall road width)

JUNE 2018 60 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS an existing barrier to koala movement. The intersection with Seaside Boulevarde will result in the continuation and widening of an existing barrier to koala movement. The point of the intersection is located at an existing fire trail where vegetation has previously been cleared, and this area of clearing will be widened. g) Be restricted to identified envelopes which contain all buildings and infrastructure and fire fuel reduction zone. Generally, there will be no clearing on the site outside these envelopes. In the case of applications for subdivision, such envelopes should be registered as a restriction on the title, pursuant to the Conveyancing Act 1919; and

(g) The proposed intersection will involve vegetation clearing only as required to establish the intersection, acceleration and deceleration lanes, and required signage and infrastructure. No additional clearing will occur following the establishment of these structures. h) Include measures to effectively minimise the threat posed to koalas by dogs, motor vehicles and swimming pools by adopting the following minimum standards. i) The development must include measures that effectively abate the threat posed to koalas by dogs through prohibitions or restrictions on dog ownership. Restrictions on title may be appropriate. ii) The development must include measures that effectively minimise the threat posed to koalas from traffic by restricting motor vehicle speeds, where appropriate, to 40 kph or less. iii) The development must reduce the risk of koala mortality by drowning in backyard swimming pools. Appropriate measures could include: trailing a length of stout rope (minimum diameter of 50mm), which is secured to a stable poolside fixture, in the swimming pool at all times; designing the pool in such a way that koalas can readily escape; or enclosing the pool with a fence that precludes koalas. This last option should include locating the fence away from any trees which koalas could use to cross the fence.

(h) The proposed intersection will include acceleration and deceleration lanes where vehicles will be entering and exiting the existing Nelson Bay Road, which is a major arterial link road with high traffic levels and a speed limit of 100 km/h where it crosses the study area. Therefore, there is a significant existing threat to koalas within the study area. Seaside Boulevarde currently has a speed limit of 50 km/h, and it can be anticipated that vehicles travelling on Seaside Boulevarde within the study area will be travelling at speeds slower than this as they approach and leave the intersection.

Council may waive the provisions of a), b) and c) of these criteria only for the purposes of establishing a building envelope and associated works, and only if the proponent can demonstrate:

1. That the building envelope and associated works including fire fuel reduction zones cannot be located in such a way that would avoid the removal of native vegetation within Preferred or Supplementary Koala Habitat, Habitat Buffers, or Habitat Linking Areas, or removal of preferred koala food trees;

1. The proposed intersection cannot be located in such a way that would avoid removal of koala habitat, due to the location of Seaside Boulevarde in relation to Nelson Bay Road and the presence of these koala habitat features over a wide area on either side of the proposed intersection.

2. That the location of the building envelope and associated works minimises the need to remove vegetation as per 1 above;

2. The proposed intersection will only incorporate structures and design features as required by Roads and Maritime Services road design standards.

3. That, in the case of subdivisions, they are designed in such a way as to retain and enhance koala habitat on the site and are consistent with the objectives of this appendix; and

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3. This provision does not apply to the proposed intersection.

4. That koala survey methods (as per the Guidelines for Koala Habitat Assessment in Appendix 6) have been used to determine the most appropriate location for the building envelope and associated works (so as to minimise the impact on koala habitat and any koala populations that might occur on the site).

4. The results of Koala SAT surveys (six SATs conducted in swamp forest in the impact area shown in Figure 7) found no evidence of koala activity within Preferred Koala Habitat. Due to the low activity levels across the entire study area, the proposed intersection is considered to be in the most appropriate location to minimise impact on koala habitat and any koala population that might occur on the site.

4.3.3 SEPP 44 – Koala Habitat Protection

Assessment of potential koala habitat under SEPP 44 requires the following steps be undertaken:

(a) Identification of ‘potential Koala habitat’ within the site area to be impacted; if the total tree cover contains 15% or more of the Koala food tree species listed in Schedule 2 of SEPP 44 then it is deemed to be ‘potential Koala habitat’. Identification of ‘potential Koala habitat requires the determination of the presence of ‘core Koala habitat’;

(b) Identification of ‘core Koala habitat’ within the area to be impacted. ‘Core Koala habitat’ is defined as an area of land with a resident population of Koalas, evidenced by attributes such as breeding females (females with young), recent sightings and historical records of a Koala population;

(d) If the rezoning of lands, other than to environmental protection, involves potential or core Koala habitat then the Director of planning may require a local environmental study be carried out.

One tree species listed in Schedule 2 of the SEPP as a ‘Koala Feed Tree Species’ occurs on the site, being Eucalyptus robusta (Swamp Mahogany).

At no point where Koala feed trees persist on site do they represent 15% or more of the total tree cover. Additionally, investigations did not detect Koalas or signs of Koalas within the study area. Therefore, the vegetation on the site does not constitute Potential or Core Koala Habitat. The CKPoM is applied as a replacement to the SEPP as per Section 4.3.2.

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Figure 7 Koala Habitat Map

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4.3.4 Commonwealth EPBC Act

An EPBC Act Protected Matters Search (accessed 27-03-2018) was undertaken to generate a list of those Matters of National Environmental Significance (MNES) from within 10 km of the Site. An assessment of those MNES relevant to biodiversity has been undertaken in accordance within EPBC Act Policy Statement 1.1 Significant Impact Guidelines Matters of National Environmental Significance (DoE, 2013). The Matters of National Environmental Significance protected under national environment law include: . Listed threatened species and communities; . Listed migratory species; . Ramsar wetlands of international importance; . Commonwealth marine environment; . World heritage properties; . National heritage places; . The Great Barrier Reef Marine Park; . Nuclear actions; and . A water resource, in relation to coal seam gas development and large coal mining development.

Listed Threatened Species and Communities

A total of 68 threatened species and 5 threatened ecological communities listed under the EPBC Act have been recorded on the protected matters search. A likelihood of occurrence assessment for these MNES has been completed in Section 4.2 and Appendix 3.

This assessment concluded that the proposal is unlikely to impact the listed threatened species.

Coastal Swamp Oak (Casuarina glauca) Forest

The proposal will result in the removal 0.06ha of Swamp Oak Sedge Forest.

During the protected matters search undertaken for this proposal, threatened communities were detected as, ‘Community likely to occur in within the (search) area’, the community being, ‘Coastal Swamp Oak (Casuarina glauca) Forest of New South Wales and South East Queensland ecological community was detected.

Based on the SPRAT Profile – Listing and Conservation Advices, this community corresponds, in large part, to Swamp Oak Floodplain Forest of NSW North Coast and Sydney Basin and South East Bioregion. This community is listed as Vulnerable under the EPBC Act and Endangered under the NSW TSC Act.

Based on the conservation advice, in order to be considered a MNES under the EPBC Act, areas of the community must meet: . The key diagnostic characteristics (per section 1.5.1 of the conservation advice) have been assessed in Table 5; AND . At least the minimum condition thresholds table for small patch size (per section 3.1 of the conservation advice) that have been assessed in Table 6.

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Table 5: Key Diagnostic Characteristics – Swamp Oak Floodplain Forest

Key Diagnostic Feature (DoE 2018) Response

Occurs from south-east Queensland to southern NSW within Yes, Site occurs within the NSW North Coast the South Eastern Queensland, NSW North Coast, Sydney bioregion Basin, or South East Corner bioregions AND

Occurs in coastal catchments at elevations up to 50 m ASL, typically less than 20 m ASL, on coastal flats, floodplains, drainage lines, lake margins, wetlands and estuarine fringes Yes, site occurs in Occurs in coastal catchments at where soils are at least occasionally saturated, water-logged or elevations up to 50 m ASL, typically less than 20 m inundated. There are also minor occurrences on coastal dune ASL, on coastal flats, floodplains. swales or flats,particularly deflated dunes and dune soaks. AND

Occurs on soils derived from unconsolidated sediments (including alluvium), typically hydrosols (grey-black clay-loam and/or sandy loam soils) and sometimes organosols (peaty Yes, the site is within areas of unconsolidated soils). It may occur in transitional soils (or catenas) where sediments shallow unconsolidated sediments border lithic substrates.; AND

Has an open woodland, woodland, forest, or closed forest Yes, Site has a forest structure with a tree canopy 1 structure, with a tree canopy that has a total crown cover of at that has a total crown cover of at least 10% least 10%.; AND

Has a canopy of trees dominated2 by Casuarina glauca Yes, the site has a canopy of trees dominated by (swamp-oak, swamp she-oak).AND Casuarina glauca

Yes, Site is adjacent to areas of saline or brackish Typically occurs where groundwater is saline or brackish. areas

Typically occurs within 30km of the coast, but in some areas, such as along tidal river catchments, the ecological community Yes, this site is within 30km of the coast can occur more than 100km inland. AND

Does not occur on rocky headlands, sea cliffs or other Correct consolidated sediments.

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Table 6: Condition thresholds, classes and categories for patches of Coastal Swamp Oak Forest

(Source: DoEE 2018)

The vegetation which has been identified as Coastal Swamp Oak Forest is 0.06ha in area. The current patch size threshold for a small patch as per Table 1 of the conservation advice is at least 0.5ha.

On this basis the community meets the key diagnostic features outlined in table 3 of the conservation advice but does not meet the minimum condition threshold for Category C. Based on these criteria, it is unlikely that the community is to be considered a MNES under the EPBC Act.

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Listed Migratory Species

The protected matters search nominated 25 migratory species or species habitat that may occur with the 10km site buffer search area. No listed migratory species were observed on site. The assessment contained in Section 4.2 concluded that although migratory species may occupy and utilise various habitats throughout the study area and locality, no habitat on the study area is critical to their survival. Therefore, it is unlikely that the proposal over the study area will impact migratory species.

Wetlands of International Significance (declared Ramsar wetlands):

The site is not a wetland of international significance or declared Ramsar wetland. The protected matters search nominates the following wetlands of international importance: . Hunter estuary wetlands The study area is located within one kilometre of Ramsar listed estuarine wetlands of Hunter Estuary Wetlands within Kooragang Nature Reserve. These significant wetlands include internationally important habitat for migratory shorebirds listed under the Japan-Australia Migratory Birds Agreement (JAMBA) and China-Australia Migratory Birds Agreement (CAMBA).

Commonwealth Marine Areas:

The site is not part of a Commonwealth Marine Area but is in close proximity to; . EEZ and Territorial Sea

World Heritage Properties:

The site is not a World Heritage area and is not in close proximity to any such area.

National Heritage Places:

The site is not a National Heritage area and is not in close proximity to any such area.

Great Barrier Reef Marine Parks:

The site is not part of or within close proximity to any Great Barrier Reef Marine Park.

Nuclear Actions:

The proposal over the site is not and does not form part of a Nuclear action.

Water Resources in relation to Coal Mining and CSG: The proposal over the site is related to residential development and as such is not or does not form part of a coal mining and/or CSG proposal.

Summary - In summary, the proposed action is unlikely to have an impact to MNES based on the assessment criteria set out in relevant Commonwealth policies and advices as at the time of this assessment.

JUNE 2018 67 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS 5 Recommendations

The following recommendations have been generated with due consideration of the proposal. The intent is to minimise the impacts of clearing and potential for any indirect impacts to occur.

Pre-clearance survey

Prior to commencement of vegetation removal, a pre-clearance survey will be conducted across the areas where clearing works are to occur in accordance with the approval. These surveys are to be undertaken by a suitably qualified and experienced ecologist familiar with the biodiversity of the Fern Bay area. These surveys will identify and mark any areas containing significant habitat features (e.g. tree hollows, nests, arboreal termite terrarium) and/or observations of faunal occupation. Hollow bearing trees have been identified during the current survey and the location of trees is show in Figure 5.

Significant habitat features (nests, burrows, termite terrarium with hollows) and/or hollow bearing trees will be marked all the way around the trunk at a height of approximately 1.5 metres with an ‘H’ on no fewer than three sides (or as appropriate based on barrel size) using fluorescent spray marking paint. This is to include Koala feed trees. An alternate marking procedure such as highly visible flagging tape would also be suitable. This is to ensure a high level of visibility for construction / vegetation clearing contractors. Any tree that is known to have resident fauna present is to be marked. At the time of marking, the following attributes will be recorded: . Tree species; . Height; . Diameter at Breast Height DBH; . Location record (GPS); . Habitat feature; . Number of hollows; and . Size of hollow.

Clearing Procedure

Following completion of the pre-clearance survey, if significant habitat features are located, clearing shall generally occur in two phases as follows:

Stage 1 . Non-habitat vegetation will be cleared in a sequence that leaves trees that allow fauna to move to adjacent vegetation to be retained.

Stage 2 . After completion of stage 1, clearing of habitat trees / significant habitat features will commence. . Ideally the vegetation should be cleared toward retained vegetation to ensure any displaced fauna are able to self-relocate. . To ensure that no felled trees impact upon retained vegetation, all trees within 15 metres (or canopy height) will be felled away from, or at least parallel with, retained vegetation boundary. A spotter should be present to assist the operator. . Hollow bearing trees are to be knocked with an excavator bucket or other machinery to encourage fauna to evacuate the tree immediately prior to felling. . If an animal is detected in a tree prior to pushing over, the clearing activities are to cease to allow fauna time to leave, or until the animal is carefully removed from the tree. . Tree should be “soft-felled”.

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. Felled habitat trees or significant habitat features must be left for a period of at least one night in situ on the ground to give any fauna trapped in the trees an opportunity to escape before further processing of the trees. . Felled hollow-bearing trees must be inspected by an ecologist as soon as the tree is felled. . Any animals found in fallen trees will be inspected for injury and either treated by a wildlife carer (if required) or released into the retained vegetation of the study area. . In the instance that a Koala is detected in a tree, all clearing works in that area are to cease immediately until the individual has moved on.

At the completion of clearing works the preparation of a compliance letter will be undertaken that will outline dates of survey and clearing, number of habitat trees / significant habitat features removed, list of fauna found, condition in at time of discovery, and where they were released.

General Mitigation Measures for the Construction Phase

The following mitigation measures have been provided for implementation to ensure the retained bushland interface is appropriately managed throughout the construction phase, including appropriate location and management of construction materials: . The site will be appropriately demarcated with barrier fencing or highly visible flicker tape (or similar) to ensure machinery is limited to the development area. . Machinery and compound storage shall be carefully considered to ensure no impact to the retained areas within the study area. . All contractors will be specifically advised of the designated work area. The following activities are not to occur outside of designated work areas to minimise impacts on native vegetation: o Vehicle movements; o Storage and mixing of materials; o Vehicle parking; o Liquid disposal; o Machinery repairs and/or refuelling; o Placement of the site office or shed; o Combustion of any material; o Stockpiling of soil, rubble or debris; and o Any filling or excavation including trenching, topsoil skimming and/or surface excavation. . All construction vehicles/machinery are to use the designated access tracks. Speeds will be limited to reduce the potential of fauna strike and to reduce dust generation; . Plant and machinery would be cleaned of any foreign soil and seed prior to being transported to the site to prevent the potential spread of weeds and Phytophthora cinnamomi; . If machinery is transported from an area of confirmed infection of Phytophthora cinnamomi to the site, stringent wash down must be completed before leaving the area, removing all soil and vegetative material from cabins, trays, and under carriages. Documentary evidence is to be provided upon request; . All liquids (fuel, oil, cleaning agents, etc.) will be stored appropriately and disposed of at suitably licensed facilities. Spill management procedures will be implemented as required. . Rubbish will be collected and removed from the development area; and . During the construction works, erosion or sediment measures will be considered and installed as required.

Erosion and Sedimentation Control

Erosion and sediment control measures shall be implemented in accordance with an approved Sediment and Erosion control plan. In general, erosion and sediment control measures include: . Identification of potential erosion areas;

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. Installation and maintenance of flow, erosion, sediment and nutrient control within the site during construction ahead of pavement and kerb establishment; . Separation of ‘dirty’ construction water from the ‘clean’ natural overland flow water; . Coordinated work practices aimed at minimising land disturbance; . Minimise vegetation disturbance to surrounding retained vegetation; and . Routine site inspections of drains, channels, sediment control structures and water quality.

JUNE 2018 70 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS 6 Conclusion

The ecological field assessment found: . 1.12ha of Swamp Mahogany – Paperbark Forest commensurate with Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South-East Corner Bioregion; . 0.06ha of Swamp Oak Sedge Forest is commensurate with the TSC ACT listed Endangered Ecological Community Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions; . 0.58ha of Coastal Sand Apple – Blackbutt Forest; . One threatened forest owl species was recorded in the study area. The Powerful Owl (Ninox connivens) was heard and observed within the study area. The Powerful Owl is listed as Vulnerable under the TSC Act 1995; . The Squirrel Glider (Petaurus norfolcensis) and Common Planigale (Planigale maculata) both listed TSC Act Vulnerable were recorded on motion sensing cameras installed adjacent to the study area; . The Grey-headed Flying-fox (Pteropus poliocephalus) was recorded overflying the study area on several nights; . One threatened diurnal raptor species was recorded adjacent to and overflying the study area, being the White-bellied Sea-eagle (Haliaeetus leucogaster), which is listed as Vulnerable under the TSC Act 1995; . Three threatened microchiropteran bat species were recorded in the study area being the Little Bentwing-bat (Miniopterus australis), Eastern Bentwing-bat (Miniopterus australis) and Yellow- bellied Sheath-tailed Bat (Saccolaimus flaviventris). All are listed as Vulnerable under the TSC Act 1995; and . Assessment under the Port Stephens Council Comprehensive Koala Plan of Management (as satisfying the provisions of SEPP 44) found that ‘Preferred Koala Habitat,’ ‘Supplementary Koala Habitat,’ ‘Habitat Buffer over Supplementary Koala Habitat,’ and ‘Habitat Linking Area over Supplementary Koala Habitat’ are found within the study area. The proposal will result in direct and indirect impacts, including: . Removal of up to 1.12ha of Swamp Mahogany – Paperbark Forest; . Removal of up to 0.06ha of Swamp Oak Sedge Forest; . Removal of up to 0.45ha of Coastal Sand Apple – Blackbutt Forest; and . Removal of up to three hollow-bearing trees, however most likely only a single hollow-bearing tree is expected to be removed;

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The assessment concluded that the proposal was unlikely to have a significant impact on the threatened entities assessed.

JUNE 2018 72 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS 7 References & Bibliography

Botanical Gardens Trust 2017 -Plantnet- The Plant Information Network System of The Botanic Gardens Trust, Sydney, Australia. Accessed March 2018.

Commonwealth of Australia (2016) National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia). Canberra, ACT: Department of Environment. In effect under the EPBC Act from 04- May-2016 as Anthochaera Phrygia

Cropper (1993) Management of Endangered Plants. CSIRO Publications, East Melbourne, Victoria

Debus, S.J.S. (1995) Surveys of large forest owls in northern New South Wales: methodology, calling behaviour and owl responses. Corella 19(2), 38-50.

Department of the Environment Commonwealth Biodiversity: Species Profile and Threats Database (SPRAT) - http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl (accessed April 2017)

Department of Environment and Conservation (DEC) (2004) Threatened Biodiversity Survey and Assessment: Guidelines for Development and Activities (Working Draft), New South Wales Department of Environment and Conservation

Department of Environment and Conservation (2006a) Recovery Plan for the Bush Stone-curlew (Burhinus grallarius). Department of Environment and Conservation, Sydney.

Department of Environment and Conservation (2006b) Recovery Plan for the Large Forest Owls:Powerful Owl (Ninox strenua), Sooty Owl (Tyto tenebricosa) and Masked Owl (Tyto novaehollandiae). Department of Environment and Conservation, Sydney.

Department of the Environment (2013) Matters of National Environmental Significance: Significant impact guidelines 1.1, Environment Protection and Biodiversity Conservation Act 1999. http://www.environment.gov.au/system/files/resources/42f84df4-720b-4dcf-b262- 48679a3aba58/files/nes-guidelines_1.pdf

Department of the Environment (2014) EPBC Act referral guidelines for the vulnerable koala (combined populations of Queensland, New South Wales and the Australian Capital Territory). http://www.environment.gov.au/system/files/resources/dc2ae592-ff25-4e2c-ada3- 843e4dea1dae/files/koala-referral-guidelines.pdf Accessed March 2008

Department of the Environment (2016) The National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia) https://www.environment.gov.au/system/files/resources/286c0b52-815e- 4a6c-9d55-8498c174a057/files/national-recovery-plan-regent-honeyeater.pdf

Department of the Environment and Energy (2010) Approved Conservation Advice for Pseudomys novaehollandiae (New Holland Mouse). s266B of the Environment Protection and Biodiversity Conservation Act 1999. http://www.environment.gov.au/biodiversity/threatened/species/pubs/96- conservation-advice.pdf

Department of the Environment and Energy (2017) Draft Recovery Plan for the Grey-headed Flying- fox (Pteropus poliocephalus), Commonwealth of Australia 2017.

Department of the Environment and Energy (2018) EPBC Act Protected Matter Search tool http://www.environment.gov.au/epbc/protected-matters-search-tool Accessed March 2018

Department of Environment, Land, Water & Planning (2016) National Recovery Plan for the Spotted- tailed Quoll (Dasyurus maculatus). Australian Government, Canberra.

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ERM (2005a) Annex R - Fern Bay Estate Species Impact Statement. Report prepared for Winten Property Group and Continental Venture Capital Pty Ltd

ERM (2005b) Annex H – Fern Bay Estate. Assessment of Matters of National Environmental Significance. Report prepared for Winten Property Group and Continental Venture Capital Pty Ltd

ERM (2009a) Annex P - Fern Bay Seaside Village Ecology Assessment Report. Report prepared for Aspen Group Pty Ltd. Project No. 0063154

ERM (2009b) Fern Bay Seaside Village Environmental Assessment – Volume 1. Report for Aspen Group Pty Ltd. Project No. 0063154

Fox, B.J. and McKay, G.M. (1981) Small mammal responses to pyric successional changes in eucalypt forest. Australian Journal of Ecology 9: 241-252

Goldingay, R.L. & Taylor, B.D. (2009) Gliding performance and its relevance to gap crossing by the squirrel glider (Petaurus norfolcensis), Australian Journal of Zoology, vol. 57, no. 2, pp. 99-104

Harden, G.J. (Ed) (1992) Flora of New South Wales. Volume 3. Royal Botanical Gardens Sydney & New South Wales University Press, Sydney

Harden, G.J. (Ed) (1993) Flora of New South Wales. Volume 4. Royal Botanical Gardens Sydney & New South Wales University Press, Sydney

Harden, G.J. (Ed) (2000) Flora of New South Wales. Volume 1. Royal Botanical Gardens Sydney & New South Wales University Press, Sydney

Harden, G.J. (Ed) (2002) Flora of New South Wales. Volume 2. Royal Botanical Gardens Sydney & New South Wales University Press, Sydney

Kavanagh, R.P., and Peake, P. (1993) Survey procedures for nocturnal forest birds: an evaluation of variability in census results due to temporal factors, weather and technique. In 'Australian Raptor Studies.' (Ed. PD Olsen) pp. 86-100. (Australasian Raptor Association, Royal Australasian Ornithologists Union: Moonee Ponds)

Lower Hunter and Central Coast Regional Environmental Management Strategy LHCCREMS (2002). Lower Hunter and Central Coast Extant Vegetation 2002. Draft report.

NSW OEH Threatened Species Profile Search - http://www.environment.nsw.gov.au/threatenedSpeciesApp/ (accessed March 2018)

NSW OEH (2016) NSW Guide to Surveying Threatened Plants. State of NSW and Office of Environment and Heritage.

NSW Planning & Environment (2018). Planning Portal – Find a Property. Accessed from: https://www.planningportal.nsw.gov.au/find- aproperty/3726830_Clarke_Street_22_Pindimar_DP238401

Pizzey, G. and Knight, F. (2007) The Field Guide to the Birds of Australia. Harper Collins Publishers, Sydney.

Robinson, M. (1998) A field Guide to Frogs of Australia. Reed New Holland, Sydney.

Saunders, D.L. and Tzaros, C.L. (2011) National Recovery Plan for the Swift Parrot Lathamus discolour. Birds Australia, Melbourne.

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https://www.environment.gov.au/system/files/resources/c3e20a20-8122-4a9c-bd06- 455ea7620380/files/lathamus-discolor-swift-parrot.pdf Accessed March 2018

Seebeck, J., Menkhorst, P., Wilson, B.A., and Lowe, K.M. (1996) Flora and Fauna Guarantee Action Statement No. 74, New Holland Mouse Pseudomys novaehollandiae. Department of Natural Resources and Environment, Victoria.

Strahan, R. (2004) The Mammals of Australia. New Holland Publishers, Australia.

Simpson. K, and Day. N. (2010) Field Guide to the Birds of Australia. Penguin Group, Australia.

Strahan, R. (2004) The Mammals of Australia. New Holland Publishers, Australia.

Tyler, M. J. And Knight. F. (2011) Field Guide to the Frogs of Australia. Revised Edition. CSIRO Publishing, Australia.

Wilson. S, and Swan. G. (2003) A Complete Guide to Reptiles of Australia. Reed New Holland, Sydney.

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Appendix 1 Plan of Proposal

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS Appendix 2 Flora & Fauna Species List

Fauna Species List Fauna List Mammals Domestic Dog* Canis lupus familiaris* European Red Fox* Vulpes Vulpes* Common Brushtail Possum Trichosurus vulpecula Common Ringtail Possum Pseudocheirus peregrinus Feathertail Glider Acrobates pygmaeus Bush Rat Rattus fuscipes Swamp Rat Rattus lutreolus Black Rat* Rattus rattus* Mus musculus* / Mouse (unknown) Pseudomys novaehollandiae (V) Brown Antechinus Antechinus stuartii Yellow-footed Antechinus Antechinus flavipes Squirrel Glider Petaurus norfolcensis (V) Northern Brown Bandicoot Isoodon macrourus Common Planigale Planigale maculata (V) Short-beaked Echidna Tachyglossus aculeatus Grey-headed Flying-fox Pteropus poliocephalus White-striped Free-tailed Bat Austronomus australis Gould's Wattled Bat Chalinolobus gouldii Little Bentwing Bat Miniopterus australis (V) Eastern Bentwing Bat Miniopterus schreibersii oceanensis (V) Ride's Freetail Bat Mormopterus ridei Yellow-bellied Sheath-tailed Bat Saccolaimus flaviventris (V) Birds Australian Magpie Cracticus tibicen Australian Raven Corvus coronoides Black-faced Cuckoo-Shrike Coracina novaehollandiae Brown Thornbill Acanthiza pusilla Eastern Whipbird Psophodes olivaceus Eastern Yellow Robin Eopsaltria australis Golden Whistler Pachycephala pectoralis Grey Fantail Rhipidura fuliginosa Laughing Kookaburra Dacelo novaeguineae Lewin's Honeyeater Meliphaga lewinii Pied Currawong Strepera graculina Powerful Owl Ninox strenua (V) Rainbow Lorikeet Trichoglossus haematodus Red-browed Finch Neochmia temporalis Scaly-breasted Lorikeet Trichoglossus chlorolepidotus

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Fauna List Scarlet Honeyeater Myzomela sanguinolenta Variegated Fairy-wren Malurus lamberti White-bellied Sea-eagle Haliaeetus leucogaster (V, M) White-browed Scrubwren Sericornis frontalis White-cheeked Honeyeater Phylidonyris nigra White-throated Treecreeper Cormobates Leucophaeus Yellow Thornbill Acanthiza nana Yellow-faced Honeyeater Lichenostomus chrysops Herpetofauna Delicate Skink Lampropholis delicata Land Mullet Egernia major Lace Monitor Varanus varius Red-bellied Black Snake Pseudechis porphyriacus Striped Marsh Frog Limnodynastes peroni

V= Vulnerable (TSC ACT / EPBC ACT) M= Migratory (EPBC Act) * = Non-native

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Flora Species List

Family Scientific Name Common Name Q1 Q2 Q3 Q4 Q5 T1 T2 T3 Alternanthera denticulata Lesser Joyweed X Amaranthaceae Alternanthera philoxeroides Alligator Weed X Apiaceae Platysace lanceolata Shrubby Platysace X X Marsdenia rostrata Milk Vine X Apocynaceae Parsonsia straminea Common Silk Pod X X X X X X X Araceae Alocasia brisbanensis Cunjevoi X X X X Araliaceae Hydrocotyle bonariensis Largeleaf Pennywort X X X Arecaceae Livistona australis Cabbage Tree Palm X X X X X X Chrysanthemoides monilifera subsp. Bitou Bush X rotundata Asteraceae Enydra woollsii X X Senecio sp. X Bignoniaceae Pandorea pandorana ssp. Pandorana Wonga-Wonga Vine X X X X Blechnaceae Telmatoblechnum indicum Swamp Water Fern X X X X X Casuarinacea Casuarina glauca Swamp Oak X X X X Commelinaceae Commelina cyanea X X X X Baumea articulata Jointed Twig-rush X X X X Carex appressa Tall Sedge X X X X Cyperaceae Cyperus brevifolius Mullumbimby Couch X Gahnia clarkei Tall Saw-sedge X X X X Hypolepis muelleri Harsh Ground Fern X X X X Dennstaedtiaceae Pteridium esculentum Common Bracken X X X Dilleniaceae Hibbertia linearis X X X Ericaeae Monotoca elliptica Tree Broom-heath X X X (Epacridoideae)

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Family Scientific Name Common Name Q1 Q2 Q3 Q4 Q5 T1 T2 T3 Homalanthus populifolius Bleeding Heart X X X Euphorbiaceae Ricinocarpos linearifolius X Fabaceae Acacia longifolia subsp. longifolia Sydney Golden Wattle X X X (Mimosoideae)

Desmodium varians Slender Tick-trefoil X

Glycine clandestina Twining glycine X Fabaceae (Faboideae) Glycine tabacina X

Hardenbergia violacea Purple Coral Pea X Kennedia rubicunda Dusky Coral Pea X Juncaceae Juncus sp. X Lamiaceae Clerodendrum tomentosum Hairy Clerodendrum X X Cassytha spp. Devils twine X X Lauraceae Endiandra sieberi Hard Corkwood X Spiny-headed Mat Lomandraceae Lomandra longifolia X X X Rush Sarcopetalum harveyanum Pearl Vine X Menispermaceae Stephania japonica Snake Vine X X X Ficus coronata Sandpaper Fig X Moraceae Maclura cochinchinensis Cockspur Thorn X Angophora costata Smooth-barked Apple X X X Eucalyptus pilularis Blackbutt X X X Eucalyptus robusta Swamp Mahogany X X X X X Myrtaceae Broad-leaved Melaleuca quinquenervia X X X X X Paperbark Prickly-leaved Melaleuca styphelioides X X X X Paperbark Syzygium smithii Lilly Pilly X

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Family Scientific Name Common Name Q1 Q2 Q3 Q4 Q5 T1 T2 T3 Orchidaceae Acianthus fornicatus Pixie Caps X Passifloraceae Passiflora subpeltata White Passionflower X Billardiera scandens var. scandens Apple Berry dumpling X Pittosporaceae Pittosporum revolutum Rough Pittosporum X Dianella caerulea var. caerulea Blue Flax-lily X X Phormiaceae Dianella caerulea var. producta Blue Flax-lily X X Breynia oblongifolia Coffee bush X X X Phyllanthaceae Glochidion ferdinandi var. pubens Cheese Tree X X X X X X Cenchrus clandestinus Kikuyu Grass X Entolasia marginata Bordered Panic X X X Eragrostis curvula* African Lovegrass X X Imperata cylindrica Blady Grass X X X Melinis repens* Red Natal Grass X Poaceae Microlaena stipoides Weeping Grass X X Oplismenus imbecillis Creeping Beard Grass X X X Panicum sp. X Panicum maximum var. maximum* Guinea grass X Phragmites australis Common Reed X X X X Themeda triandra Kangaroo Grass X X Polygonaceae Persicaria strigosa Spotted Knotweed X X X Primulaceae Myrsine variabilis X Proteaceae Banksia serrata Old-man Banksia X X X Rhamnaceae Alphitonia excelsa Red Ash X X X Rosaceae Rubus parvifolius Native raspberry X Rubiaceae Pomax umbellata X Sapindaceae Cupaniopsis anacardioides Tuckeroo X X X

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Family Scientific Name Common Name Q1 Q2 Q3 Q4 Q5 T1 T2 T3 Santalaceae Exocarpos cupressiformis Native Cherry X X Eustrephus latifolius Wombat Berry X Smilacaceae Smilax australis Wait -a-while X X Duboisia myoporoides Corkwood X X X Solanaceae Black-berry Solanum nigrum X Nightshade Thelypteridaceae Cyclosorus interruptus X X X X Verbanaceae Lantana camara* Lantana X X X X X X Violaceae Viola hederacea Ivy Leafed Violet X X

*Introduced species

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Appendix 3 Assessment of Significance

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TSC Act 7-Part Test

Section 5A of the EP&A Act lists seven factors that must be taken into account in the determination of the significance of potential impacts of proposed activities on ‘threatened species, populations or ecological communities or their habitats’ (threatened biota) listed under the TSC Act. The ‘7-part test’ is used to determine whether there is likely to be a significant effect on threatened species, populations or ecological communities, or their habitats and thus whether a Species Impact Statement (SIS) is required to be produced.

The significance of the impacts on those threatened species and EECs which have been recorded in the Study Area or are likely to occur and are likely to utilise habitat to be potentially impacted by the proposal (see Table 4) have been assessed. The following threatened species have been considered:

Threatened Ecological Communities . Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions. . Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions.

Flora . Cryptostylis hunteriana Leafless Tongue Orchid . Diuris praecox Newcastle Doubletail

Fauna

Birds

Woodland Birds . Glossopsitta pusilla Little Lorikeet . Lathamus discolour Swift Parrot . Anthochaera phrygia Regent Honeyeater

Forest Owls . Ninox strenua Powerful Owl . Tyto novaehollandiae Masked Owl

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. Scoteanax rueppellii Greater Broad-nosed Bat . Falsistrellus tasmaniensis Eastern False Pipistrelle Cave-dwelling Microbats . Chalinolobus dwyeri Large-eared Pied Bat . Miniopterus australis Little Bentwing-bat . Miniopterus schreibersii oceanensis Eastern Bentwing-bat . Myotis macropus Southern Myotis

a) In the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction.

Threatened Flora . Cryptostylis hunteriana (Leafless Tongue Orchid) . Diuris praecox (Rough Doubletail)

The cryptic Leafless Tongue Orchid is a rare leafless orchid that has a symbiotic relationship with mycorrhizal fungi and is known to remain underground for the majority of its lifecycle. This species is known to have no defined habitat preference and is found in a range of communities including swamp-heath, woodland and open forest (OEH 2017).

The Rough Double tail is a terrestrial orchid that is known to occur on hills and slopes near coastal districts in open forest which a grassy to fairly dense understorey (OEH 2017). This species is only visible during its flowering period of late winter.

The proposal will result in the removal of 0.45ha of potential habitat (Open Forest), for these two cryptic orchid species on site. The proposed impact area is restricted to the Study Area and there will be no direct/ indirect impacts within the broader conservation areas associated with the adjacent Fern Bay Seaside Village in which habitat for both species is known to occur and Diuris praecox has been recorded.

On this basis, it is considered that the area of clearing that represents a minor reduction in potential area of occupation for these cryptic species within areas of lower habitat condition. Retention of higher quality habitat occurs in the retained conservation areas associated with the adjacent Fern Bay Seaside Village. On this basis, the proposed intersection not likely to lead to an adverse effect on the life cycle of C. hunteriana or D. praecox such that a viable local population of each species is likely to be placed at risk of extinction

Threatened Fauna

Birds

Woodland /Forest Birds . Glossopsitta pusilla Little Lorikeet . Lathamus discolour Swift Parrot . Anthochaera phrygia Regent Honeyeater

The site provides foraging habitat for these species in the form of Eucalyptus, Angophora, Melaleuca, and Banksia blossom. There are low numbers of hollows that Little Lorikeets could use for nesting within the site, and the site is unlikely to support breeding events of this species. Swift Parrots and Regent Honeyeaters do not nest in coastal swamp forest environments, the Swift Parrot breeding only in Tasmania and the Regent Honeyeater currently only known to breed in rich patches of Box- Ironbark woodland and riparian gallery forest in the interior of NSW and Victoria.

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Swift Parrots breed in Tasmania and disperse northwards into Southeast Australia in the winter months. The site contains flowering eucalypt species, including species such as Swamp Mahogany (Eucalyptus robusta) and Blackbutt (Eucalyptus pilularis) which could provide foraging habitat during the Swift Parrot’s non-breeding dispersal. While the proposal will result in the loss of a small patch of potential winter foraging habitat for this species, extensive tracts of similar forests will remain in the areas immediately surrounding the site and in the wider region. Also, the utilisation of forests on site is likely intermittent, coinciding with major flowering events in the area, and as such the site is likely to be inconsistently utilised in its current condition.

Regent Honeyeaters seldom occur in the Port Stephens area, however flowering eucalypts which could provide forage during irregular coastal dispersive events occur on site and in the wider region. Regent Honeyeaters have been found foraging in coastal Swamp Mahogany forests such as those found on site during winter migrations. Therefore, the site could be utilised by these species on an intermittent basis, particularly as a winter coastal drought refuge when food resources further inland are not available.

Little Lorikeets are known from the lower Hunter region, where they are likely resident, though rarely recorded in the southern Port Stephens LGA within 10km of the site. Irregular nomadic movements influenced by season and food availability may bring them to the site, particularly during major flowering events of Swamp Mahogany, Blackbutt, Smooth-barked Apple, or Broad-leaved Paperbark. The site does is unlikely to be utilised for nesting, lacking preferred nesting characteristics such as riparian trees, areas of higher soil fertility and therefore higher foraging productivity, and known site fidelity for breeding. However, due to the presence of a few smooth-barked Eucalypts with hollows, nesting has potential to occur.

The small area of vegetation clearing will reduce the area of potential intermittently used foraging habitat for these species. However, extensive areas of similar foraging habitat will remain in the surrounding area, including forests within the conservation areas of the adjacent Fern Bay Seaside Village. Swift Parrots and Regent Honeyeaters will not lose breeding habitat, while Little Lorikeets could potentially lose a very small number of nesting hollows within marginal breeding habitat. On this basis, the proposed intersection will not adversely affect the life cycle of these species such that they are likely to be placed at risk of extinction.

Forest Owls . Ninox strenua Powerful Owl . Tyto novaehollandiae Masked Owl

The Powerful Owl was recorded on site during call playback. Masked Owls were not recorded during this survey, however records exist in the locality including the adjacent Fern Bay Seaside Village. The Masked Owl and Powerful Owl are known to inhabit dry sclerophyll forest which are present in varying forms across the study area. The swamp forest and dry sclerophyll vegetation within the study area is mature with a variable, often dense understorey and small areas of mid-age regrowth vegetation. A small number of hollows suitable for nesting were found in the area of roadside batters in the west of the study area, in the Coastal Sand Apple – Blackbutt Forest. However, no signs of occupation such as pellets or whitewash were observed around these trees. A known Powerful Owl nest is located in the adjacent Fern Bay Seaside Village, approximately 200m to the southwest of the study area. The proposal will not impact this nest either directly or indirectly. The proposal will result in the removal of a small patch remnant vegetation that contains dry sclerophyll forest which may be potential foraging habitat for the Powerful or Masked Owl as part of a wider home range. However, given the nature of the proposal (widening an already well-used road), and proximity of the site to a well-used main road, the proposal is not likely to significantly further impact habitat necessary for either foraging or nesting of Forest Owl species. Therefore, the proposal is unlikely to lead to an adverse effect on the life cycle of these species such that a viable local population is likely to be placed at risk of extinction. Fishing Eagles . Hieraaetus leucogaster White-bellied Sea-Eagle

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Two adult birds, likely a pair, were observed coming in to roost on dusk in a large emergent Blackbutt with exposed, defoliated upper canopy branches. One eagle flew low over the tree before continuing westward across Nelson Bay Road, while the other landed for a period of about five minutes in this tree adjacent to the previously cleared batters for Seaside Boulevard, approximately 60m outside the study area. The White-bellied Sea Eagle is frequently observed in the Port Stephens area in close proximity to the site. The inshore waters off the Stockton Bight and Port Stephens provide excellent foraging for White-bellied Sea-Eagles. As this species occur in significant numbers in the locality, the site has an increased potential to be utilised for nesting. However, habitat surveys on site failed to locate the type of large emergent trees or stags that would typically be used for nesting of this large bird of prey. No nests were observed on site. As the site shows no signs of current breeding occupation by these species, and similar or higher quality nesting habitat occurs off site, the proposal is unlikely to impact White-bellied Sea-Eagles nesting in the area. On this basis, it is considered that the area of clearing, while representing a small loss of potential nesting habitat, is not likely to lead to an adverse effect on the life cycle of this species such that a viable local population is likely to be placed at risk of extinction.

Mammals . Dasyurus maculatus Spotted-tailed Quoll

The Spotted-tailed Quoll is known to inhabit a range of habitats in rainforest, open forest, woodland, coastal heath and inland riparian forest, from the sub-alpine zone to the coastline. This species will den in hollows, logs, small caves outcrops and cliff-faces (OEH 2018). Quolls are known to be a generalist predator and will feed on various small mammal species (gliders, possums, rats) that are known to inhabit the study area. The proposal will result in the removal of a small patch of remnant vegetation which may provide potential denning and foraging habitat for this nocturnal predator. The study area lies within a larger tract of contiguous native forest, which has connectivity to large tracts of state forest and national park land in the region. It is considered that the area of clearing that represents a reduction in potential area of denning and foraging habitat is unlikely to be significant within the context of this species home range (F=750ha and M=3500ha) and would not lead to an adverse effect on the life cycle of this species such that a viable local population of Spotted-tailed Quoll is likely to be placed at risk of extinction. . Petaurus norfolcensis Squirrel Glider

The Squirrel Glider was recorded on arboreal remote camera stations during field surveys. This species is also widely distributed in the region, with records of a 10km threatened species search indicating 16 records within the locality, including records from the adjacent Fern Bay Seaside Village.

The preferred foraging habitat of this species includes dry sclerophyll forest, woodlands and swamp forest where it feeds on sap and blossom, as well as invertebrates. Important foraging species within these vegetation communities required by the Squirrel Glider are eucalypt species that flower during the winter period, including Swamp Mahogany, which are found in the swamp forests within the study area. The proposal will result in a small reduction of this key foraging species directly within the Site. Elsewhere in the study area, Blackbutt, Smooth-barked Apple, and Old Man Banksia also provide foraging resources for this species. Squirrel Gliders require tree hollows for the propose of shelter and denning. The study area was found to contain a very low density of hollow bearing trees. This is likely due to the tree species in the Swamp Mahogany – Paperbark Forest vegetation community, which covers most of the site, not developing hollows through natural processes. A small number of hollow bearing trees (seven in total) were found in Blackbutts and Smooth-barked Apples in the roadside batters in the west of the study area, these trees contain >16 hollows and 11 potential hollows.

Squirrel Gliders are sensitive to habitat fragmentation. Squirrel Gliders glide across gaps between trees at a glide angle averaging 28.5 degrees (Goldingay & Taylor 2009). While gliding distance varies depending on the height of the tree used as a launch point, generally 35m is considered to be a hostile connection for the Squirrel Glider. The proposed acceleration and deceleration lanes will widen Nelson Bay Road, however it will not widen the gap between trees beyond 35m, except at the point of two roadside batters occupying up to 50m along the length of Nelson Bay Rd. At the point of the proposed intersection, batters constructed along Seaside Boulevarde as part of the approved

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS subdivision currently create a gap in the canopy over 35m. However, due to the slope of landform either side of the intersection, batter extents at the point of the intersection will not result in a gap greater than 35m between vegetation which would create a hostile connection impeding the movement of Squirrel Gliders across the study area. Additionally, plantings and revegetation along Seaside Boulevarde within the approved subdivision area will restore connectivity adjacent to the study area.

The study area contains very low densities of hollow bearing trees, and likely represents part of the foraging home range of individuals resident within the 200m Ecological Corridor of the Fern Bay Seaside Estate and the surrounding contiguous forests. The main impact of the proposal will be the loss of a small area of potential foraging habitat and a small number of hollows for shelter. This represents a small reduction in the home range of any individuals in the locality and is not expected to have an adverse effect on this species such that a local population is likely to be placed at risk of extinction. . Phascolarctos cinereus Koala Although not observed, the koala could potentially utilise the site for foraging, resting and as a movement corridor. Swamp Mahogany present on site is an important feed trees for this species. The proposal will result in the removal of Swamp Mahogany. While the proposed activity will clear koala Habitat Buffers and Habitat Linking Areas as defined in the CKPoM, it will not fragment an existing population, adversely affect critical habitat, modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline. While the potential area of occupancy may be reduced, the site is not likely to support an important population of koalas. Koala activity is likely to be very low on site as there were no signs of activity recorded during targeted searches and SATs. See Section 4.3.2 for assessment of impacts to the koala under the Port Stephens Council CKPoM. The proposed intersection is not likely to have an adverse effect on this species such that a local population is likely to be placed at risk of extinction.

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. Planigale maculata Common Planigale Common Planigales were recorded at one remote camera station placed in the swamp forests adjacent to the site. Fern Bay lies at the extreme southern end of this species’ known range. The nearest OEH Atlas of NSW Wildlife (Bionet) records are over 60km to the north, near the Karuah River north of Stroud, and there are no Bionet records south of the study area. The population occurring on site and in the Fern Bay locality is therefore likely to be of greater importance for the survival of the species at the southern edge of its range. The Common Planigales observed on cameras were seen to move through the dense matrix of vegetation at the base of Saw Sedge mats in the swamp forest. This secretive species likely forages for insects and other invertebrates in similar dense cover throughout the swamp forests, as these dense mats of Saw Sedge form the dominant ground cover of the swamp forests on site. Woody litter and mats of palm fronds and loose bark were observed in swamp forests and are likely to provide daytime shelter sites. The proposal will lead to a small decrease in the area of occupancy of the local population, along a narrow linear strip and within an established 200m wide ecological corridor for the Fern Bay Seaside Village. The proposal will also lead to a small increase in the risk of vehicle strike, as the road widening will increase risks individuals crossing Nelson Bay Road, as well as linking up with the existing portion of Seaside Boulevarde. However, there is a significant existing threat of vehicle strike, with speed limits of 100 km/h along this high traffic stretch of Nelson Bay Road, and the widening of the road will remove only a small proportion of the total swamp forests contiguous with the site. The proposed intersection is therefore unlikely to have an adverse effect such that the local population of Common Planigales is likely to be placed at risk of extinction. . Pteropus poliocephalus Grey-headed Flying-fox

The Grey-headed Flying Fox was observed within the study area, with large numbers seen overflying during every call playback and spotlighting session. No signs of past or current roost camps were observed (nearest being Fullerton Cove), however the study area does present some foraging potential for Grey-headed Flying Foxes occurring in the locality. The study area provides important winter blossom forage for this flying fox species in the form of Swamp Mahogany. Other Eucalypt and Banksia species also provide nectar, and Cabbage Tree Palms provide fruits. The proposal will clear a linear strip of foraging habitat. Similar vegetation will be retained in the study area and furthermore is part of a large area of contiguous bushland surrounding the study area. It is considered that the area of clearing represents a small reduction in potential area of foraging habitat for this species, however is unlikely to lead to an adverse effect on the life cycle of this species such that a viable local population of Grey-headed Flying-fox is likely to be placed at risk of extinction.

Cave Roosting Microbats . Miniopterus australis Little Bentwing-bat . Miniopterus schreibersii oceanensis Eastern Bentwing-bat . Myotis macropus Southern Myotis

The Eastern Bentwing Bat and Little Bentwing Bat were detected during field surveys in the study area whilst the Southern Myotis may have been recorded but could not be positively identified by call analysis. These species require specific roosting habitat but forage more generally, inhabiting various vegetation communities whilst foraging. The study area generally does not have suitable roosting habitat that is required by these bats, such as caves. However, Little Bentwing-bats and Southern Myotis are known to utilise tree hollows, which occur in the study area in small numbers. The proposal will result in the removal a small, linear extent of forests which may be potential foraging habitat for these microbat species. Given that the study area is part of a large area of contiguous bushland surrounding the site, and the linear clearing corridors within the dense forest foraging habitat, these species are likely to continue foraging over areas cleared for the proposed intersection. The area of clearing that represents a reduction in potential area of foraging habitat is unlikely to lead to an adverse effect on the life cycle of these species such that a viable local population of the species is likely to be placed at risk of extinction.

Hollow Roosting Microbats . Saccolaimus flaviventris – Yellow-bellied Sheathtail Bat

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

. Scoteanax rueppellii Greater Broad-nosed Bat . Falsistrellus tasmaniensis Eastern False Pipistrelle . Mormopterus norfolkensis Eastern Freetail-bat

The Yellow-bellied Sheathtail Bat was detected during field surveys in the study area whilst the Greater Broad-nosed Bat, Eastern Freetail-bat, and Eastern False Pipistrelle may have been recorded but could not be positively identified by call analysis. The proposal will remove or modify potential foraging and roosting habitat for hollow dependant microbats. Only a small number of trees on site were found to contain hollows (up to three in total) and only within the Coastal Sand Apple – Blackbutt Forest in the roadside batters in the west of the study area. The proposal will result in the removal a small, linear extent of forests which may be potential foraging habitat for these microbat species. Given that the study area is part of a large area of contiguous bushland surrounding the site, and the linear clearing corridors within the dense forest foraging habitat, these species are likely to continue foraging over areas cleared for the proposed intersection. The area of clearing that represents a reduction in potential area of foraging habitat and the loss of up to 2 hollows and 4 potential hollows suitable for roosting is unlikely to lead to an adverse effect on the life cycle of this species such that a viable local population of the species is likely to be placed at risk of extinction.

Frogs . Crinia tinnula Wallum Froglet . Uperoleia mahonyi Mahony’s Toadlet No threatened frog species were recorded during field surveys in the study area. The survey period coincided with both warm (min 21oC) and cooler (min 12.6oC) nights in autumn, including periods of rainfall (up to 27.2mm on one day). Only one frog species (Limnodynastes peronii) was heard calling on site, and only on one night during intermittent rainfall. The lack of frogs on site generally likely relates to a lack of breeding habitat. Despite the damp, swampy conditions of shallow depressions in the Swamp Mahogany – Paperbark Forest, no water bodies were found on site, even after significant rain events. Nonetheless, due to the presence of suitable swamp forest habitat, the Wallum Froglet and Mahony’s Toadlet have potential to utilise the site. Any individuals occurring in the study area likely occupy in the swamp forest during non-breeding periods, moving to ephemeral water bodies elsewhere in the locality to breed. The area of clearing most likely represents a small reduction in non-breeding habitat. Clearing will occur along a linear strip adjacent to Nelson Bay Road and connecting to Seaside Boulevarde. Provided erosion and sedimentation controls are applied during the construction phase as per Section 5 Recommendations, water quality of the retained swamp forests will not be impacted. Thus, the area of clearing for the proposal is not likely to have an adverse effect on frog species such that a local population is likely to be placed at risk of extinction.

b) In the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction.

No endangered populations were considered as having potential to occur on site. Therefore, the action proposed is not likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction.

c) In the case of an endangered ecological community or critically endangered ecological community, whether the action proposed:

i. is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

ii. is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction.

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Two EEC occurs on site, Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions and Swamp Sclerophyll Forest on Coastal Floodplains of the New South Wales North Coast, Sydney Basin and South East Corner Bioregions. Due to the small size of the proposed vegetation clearing along an existing road, the action proposed is not likely to have an adverse effect on the life cycle of either community or substantially modify an ecological community composition such that a local occurrence of the community is likely to be placed at risk of extinction.

d) In relation to the habitat of a threatened species, population or ecological community:

i. the extent to which habitat is likely to be removed or modified as a result of the action proposed,

The proposal seeks to remove 1.12ha of Swamp Mahogany – Paperbark Forest, 0.06ha of Swamp Oak Sedge Forest, and 0.45ha of Coastal Sand Apple – Blackbutt Forest. All of which represent potential habitat for threatened species assessed under this 7-part test.

ii. whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and

The proposal to construct a secondary access for the Fern Bay development including the widening of Nelson Bay Road is not likely to fragment or isolate habitat either within the study area or in the surrounding region beyond the current levels of fragmentation caused by the existing roads. Hostile connections for the Squirrel Glider (gaps in the trees greater than 30m) will not be created either by the widening of Nelson Bay Road or the completion of Seaside Boulevarde to the point of the intersection. The intersection is not likely to substantially fragment habitat for any of the terrestrial mammals, microbats, flying fox, or birds assessed herein.

iii. the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality

The habitat to be removed for the threatened species considered under this 7-part test is considered to form part of a home range for species or groups as either foraging and/or roosting/ denning habitat or maintenance of genetic exchange. The Swamp Mahogany – Paperbark Forests are likely to be of particular importance to the Woodland Birds and the koala, due the presence of Swamp Mahogany which is an important foraging resource for these species. The Coastal Sand Apple – Blackbutt Forest is likely to be of particular importance to Forest Owls, Squirrely Gliders, and Hollow Roosting Microbats, as this vegetation community is the only one found to contain hollow bearing trees in the study area. The remaining species assessed here are likely to use both vegetation communities for primarily for foraging, and only the Common Planigale is likely to be resident.

On a wider scale the site forms part of a contiguous patch in the locality where connectivity and opportunity for faunal movement, foraging, roosting/ denning and genetic exchange shall be maintained.

e) Whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly)

No critical habitat for any threatened species occurs on site, therefore the proposal is unlikely to impact upon such habitat.

f) Whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan,

Threat abatement plan or recovery plans have been prepared for seven of the species being assessed, as follows: . Koala (Phascolarctos cinereus)

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The removal of habitat as a result of the proposal is inconsistent with Action 1.13 which relates to the Comprehensive Koala Plan of Management for the local area. The habitat to be removed includes preferred, supplementary, buffer, and linking habitat under the Port Stephens Council CKPoM (Section 4.3.2). . Swift Parrot (Lathamus discolor) The removal of habitat as a result of the Project is inconsistent with Action 2.1 (Manage and protect nesting and foraging habitat) of the National Recovery Plan for the Swift Parrot (Saunders 2011) as the proposal will result in clearing of trees that could potentially be used for foraging. . Regent Honeyeater (Anthochaera phrygia) The removal of habitat as a result of the Project is somewhat inconsistent with Strategy 1 (Improve the extent and quality of Regent Honeyeater habitat) of the National Recovery Plan for the Regent Honeyeater (DoE 2016) as the proposal will clear some trees that could potentially be used for foraging, however these trees do not constitute “Habitat critical to survival” of this species as defined by this management plan.

Forest Owls . Powerful Owl (Ninox strenua); . Masked Owl (Tyto novaehollandiae); and

The removal of habitat as a result of the Project is in part inconsistent with Objective 5 (minimise loss and fragmentation of owl habitat areas) of the Recovery Plan for the Large Forest Owls (DEC 2006b) as the proposal will remove areas that may represent foraging habitat on as part of a wider home range.

Mammals . Spotted-tailed Quoll (Dasyurus maculatus)

The removal of habitat as a result of the Project is inconsistent with Objective 3 (Reduce the rate of habitat loss and fragmentation on private land) of the National Recovery Plan for the Spotted-tailed Quoll (DELWP 2016) as the proposal will remove areas that may represent foraging habitat on as part of a wider home range. . Pteropus poliocephalus Grey-headed Flying-fox

The removal of habitat as a result of the proposal is inconsistent with objective 3.3.1 Habitat loss, in particular the loss of winter blossoming species, of the Draft Recovery Plan for the Grey-headed Flying-fox Pteropus poliocephalus (DoE 2017). Within the broader landscape surrounding the study area, extensive habitat remains for this species.

More broadly the NSW OEH are in the early phases of implementing the ‘Saving our Species’ program, that aims to secure species in their natural settings for the next 100 years. The intent is to manage threatened species one of six streams being: 1) Site managed species 2) Iconic species 3) Data-deficient species 4) Landscape-managed species 5) Partnership species 6) Keep watch species Based on management allocation each species will be prioritised by OEH. At the time of reporting, all fauna species assessed were nominated as ‘Landscape-managed Species’ except the Regent Honeyeater, which is listed as a ‘Site managed species.’ In order to facilitate the long-term conservation of this species, five conservation management sites have been set up in NSW as follows:

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

. Bundarra – Barabba . Lower Hunter Valley . Capertee Valley . Toronga Zoo . Mudgee/Wollar The site is not located in or adjacent to any of the dedicated conservation management sites for the Regent Honeyeater. The status of flora species is discussed below: . Cryptostylis hunteriana Leafless Tongue Orchid

A strategy for the management of Cryptostylis hunteriana has been developed under the NSW Save Our Species program. Under the program the species has been assigned to the Site-managed species stream. In order to facilitate long term conservation of this species, two conservation management sites have been set up in NSW as follows: . Bulahdelah in Great Lakes LGA . Tomaree Head in Port Stephens LGA The site is not located in or adjacent to either of the dedicated conservation management sites.

g) Whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

Key Threatening Processes (KTPs) are listed under Schedule 3 of the TSC Act 2016. KTPs considered relevant to the proposal is described in Section 4.3.1. This assessment concluded that the proposal was unlikely to trigger KTPs currently not operating on site and/or not contribute to or increase the activity of a KTP potentially operating on the site.

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

EPBC Act Assessment of Significance - Koala

To assess the likelihood of significant impact to the koala, the EPBC Act referral guidelines for the vulnerable koala (Department of the Environment 2014) have been applied. Under the guidelines, a decision to refer is based on two key considerations: . Adversely affecting habitat critical to the survival of the koala (Section 7); and/or . Interfering substantially with the recovery of the koala through the introduction or exacerbation of key threats in areas of habitat critical to the survival of the koala (Section 8).

Results of this assessment under Section 7 and Section 8 of the koala referral guidelines are provided below.

Koala Habitat Assessment

To determine whether the site constitutes habitat critical to the survival of the koala, five factors are assessed and a score from 0 – 2 is assigned to each. Impact areas that score ≥5 are deemed to be habitat critical to the survival of the koala. The five factors assessed are: . Koala occurrence . Vegetation composition . Habitat connectivity . Key existing threats . Recovery value

A habitat appraisal against the above factors is summarised in Table 7.

Action: Road Intersection, central NSW Context: Coastal Associated infrastructure: Acceleration and deceleration lanes, roadside batters, signage, vehicle safety barriers, light poles Primary impacts: Habitat loss (clearing), habitat fragmentation, habitat degradation, and vehicle strikes Impact area size: Approximately up to 2.28 hectares

Table 7: Koala Habitat Appraisal

Attribute Score Preliminary appraisal Koala occurrence +1 Evidence of one or more koalas within 2km of the edge of the impact area within the last 5 years. OEH Bionet returns the following records within 2km: . 14-Dec-2015 NE of site on Nelson Bay Rd . 20-Jul-2015 W of site on Seaside Boulevard, 300m SE of roundabout Vegetation composition +1 Has forest or woodland with only one species of known koala food tree present (Eucalyptus robusta). Habitat connectivity +2 Using available mapping for the region (LHCCREMS 2003), a small proportion of the Stockton Bight landscape appears to constitute vegetation communities which may be classified as koala habitat (such as swamp forest or wet heath). Based the very high level mapping available, there is likely to be greater than 500ha of koala habitat in the Stockton Bight landscape. Additionally, due to the lack of barriers to movement between the site and the Tomaree Peninsula north of Anna Bay, the contiguous landscape is considered to include the extensive area of koala habitat north of Anna Bay. Therefore, the contiguous landscape contains greater than 500ha of koala habitat. Note: The koala habitat of the Stockton Bight has not been surveyed for this assessment. Based on the low number of koala records from the Stockton Bight, incomplete vegetation mapping, and the distance between the site and known breeding populations of koalas (in the vicinity of Bob’s Farm and Anna Bay), a habitat score of +1 or even 0 may be more appropriate. However, using the precautionary approach, the highest habitat score has been applied here.

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Attribute Score Preliminary appraisal Key existing threats 0 Koala deaths from vehicle strikes have been reported infrequently within 2km of the site. The site will be constructed entirely along a main arterial link road with high traffic volume and high vehicle speeds (100 km/h speed limit). Therefore, despite the low incidence of koala mortality reported from the area (which may relate to the low density of koalas in the area generally), a score of 0 is best applied for key existing threats. Recovery value +1 It is uncertain whether the habitat on site is important for achieving the interim recovery objectives in the Coastal context.

The habitat score for the impact area is 5, and therefore constitutes habitat critical to the survival of the koala. Following guidance in Figure 2 of the koala referral guidelines, a habitat score of 5 for an area of clearing which comprises less than 2ha of habitat containing known koala food trees (1.12ha Swamp Mahogany – Paperbark Forest cleared) results in an assessment of “referral not recommended.”

Residual Impacts Assessment Residual impacts of the action are considered to be unavoidable impacts that remain after avoidance and mitigation measures have been applied and encompass anything that is likely to substantially interfere with the recovery of the koala. Residual impacts may include one or more of the following: . Increasing koala fatalities in habitat critical to the survival of the koala due to dog attacks to a level that is likely to result in multiple, ongoing mortalities. . Increasing koala fatalities in habitat critical to the survival of the koala due to vehicle-strikes to a level that is likely to result in multiple, ongoing mortalities. . Facilitating the introduction or spread of disease or pathogens, for example Chlamydia or Phytophthora cinnamomi, to habitat critical to the survival of the koala, that are likely to significantly reduce the reproductive output of koalas or reduce the carrying capacity of the habitat. . Creating a barrier to movement to, between or within habitat critical to the survival of the koala that is likely to result in a long-term reduction in genetic fitness or access to habitat critical to the survival of the koala. . Changing hydrology which degrades habitat critical to the survival of the koala to the extent that the carrying capacity of the habitat is reduced in the long-term. The residual impacts remaining on site are assessed in Table 8.

Table 8: Residual Koala impact Assessment

Residual impact likely to require Likely Residual Impact Key Threats Likely Significant Impact referral Dog attack An action leads to an • Dog attacks in habitat critical to • The risk of dog attack in retained increase in dog attacks in the survival of the koala increase to koala habitat adjacent to the habitat critical to the survival a level that is likely to result in proposed intersection will not of the koala to a level that is multiple, ongoing koala mortalities. increase as a result of the likely to result in multiple, • The standards of the mitigation development. ongoing koala mortalities. measure are not met. • The action It is unlikely that multiple, ongoing involves the use of other, unproven koala mortalities could occur in the mitigation measures and or study area or wider locality as a standards. result of the proposal. • There is significant loss of habitat critical to the survival of the koala (section 7)

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Residual impact likely to require Likely Residual Impact Key Threats Likely Significant Impact referral An action leads to an • The study area currently has a high Vehicle strike • Vehicle-strikes in habitat critical increase in vehicle-strikes in risk of vehicle strike on Nelson Bay to the survival of the koala habitat critical to the survival Road, which is a high traffic main increase to a level that is likely to of the koala to a level that is arterial link road with a speed limit of result in multiple, ongoing koala likely to result in multiple, 100 km/h. Despite this existing mortalities. ongoing koala mortalities. hazard, koala deaths are seldom • The standards of the mitigation reported on this road in the vicinity measure are not met, OR of the study area. • The action involves the use of • The proposed intersection has other, unproven, mitigation potential to raise the risk of koala measures and or standards. mortality due to the widening of Nelson Bay Road for acceleration and deceleration lanes, and the introduction of traffic to the previously approved Seaside Boulevarde. • These residual impacts are mitigated due to the speed limit of Seaside Boulevarde being below 60 km/h. Also, the acceleration and deceleration lanes will result in vehicle traffic traveling at less than 100 km/h at the point where wildlife may enter the roadway, and motorists are likely to be more alert while making turns into and out of Seaside Boulevarde, therefore potentially reducing the risk of vehicle strike. Facilitating the An action facilitates the • The action is still likely to facilitate • The proposal has potential to introduction or introduction or spread of the spread of or introduce disease increase the risk of introduction of spread of disease or pathogens to or pathogens to habitat critical to Phytophthora cinnamomi to the disease or habitat critical to the survival the survival of the koala, which is study area via ground disturbance pathogens of the koala, for example likely to significantly reduce the and construction activity combined Chlamydia or Phytophthora reproductive output of koalas or with machinery bringing spores into cinnamomi, which are likely reduce the carrying capacity of the the area. to significantly reduce the habitat. • The implementation of best reproductive output of • The standards of the mitigation practice hygiene protocols (see koalas or reduce the measure are not met, OR Section 5 Recommendations) will carrying capacity of the • The action involves the use of mitigate this residual impact. habitat. other, unproven, mitigation measures and or standards • There is significant loss of habitat critical to the survival of the koala (section 7) Barrier to An action creates a barrier • A barrier is created to, from or • The proposed intersection is dispersal and to movement to, from or within habitat critical to the unlikely to create a barrier to, from, fragmentation within habitat critical to the survival of the koala that is likely or within habitat critical to the survival of the koala that is to result in a long-term reduction survival of the koala that is likely to likely to result in a long- in genetic fitness or access to result in a long-term reduction in term reduction in genetic habitat critical to the survival of genetic fitness or access to habitat fitness or access to habitat the koala. critical to the survival of the koala. critical to the survival of the • The standards of the mitigation Koalas are likely to continue moving koala. measure are not met. through the landscape within the • There is significant loss of 200m wide ecological corridor which habitat critical to the survival of runs parallel to Nelson Bay Road the koala (section 7) and across Seaside Boulevarde. Degradation of An action results in a • The carrying capacity of habitat • The development is unlikely to habitat critical change to water quality or critical to the survival of the koala is change the hydrology of the locality to the survival quantity that degrades still likely to be reduced in the long- such that the carrying capacity of of the koala habitat critical to the survival term. retained vegetation is reduced. through of the koala to the extent

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Residual impact likely to require Likely Residual Impact Key Threats Likely Significant Impact referral hydrological that the carrying capacity of • There is significant loss of habitat change the habitat is reduced in the critical to the survival of the koala long-term. (section 7).

Koala Impacts Assessment Summary

The study area is assessed here as containing habitat critical to the survival of the koala, using the habitat appraisal method described in the EPBC Act referral guidelines for the vulnerable koala. However, the critical habitat score assigned, even when the precautionary approach is applied, is low. When the assessment criteria of the koala referral guidelines (Figure 2: Assessing adverse effects on habitat critical to the survival of the koala) are applied, referral is not recommended based on the small area of habitat containing known koala food trees being cleared (<2ha) and the low critical habitat score assigned to the study area (5). Further assessment of residual impacts found that while the proposal may elevate the risk of vehicle strike and the introduction of pathogens, the risk of these key threats has been reduced via appropriate mitigation measures incorporated into the design of the intersection and the construction protocols which will be put in place.

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EPBC Act Assessment of Significance – New Holland Mouse

To assess the likelihood of significant impact on the New Holland Mouse, the Matters of National Environmental Significance: Significant impact guidelines 1.1 (Department of Environment 2013), have been applied and assessment based on information contained in the ERM reference material. Under the EPBC Act, an action is considered likely to have a significant impact on a vulnerable species if there is a real chance or possibility that it will: . Lead to a long-term decrease in the size of an important population of a species . Reduce the area of occupancy of an important population species . Fragment an existing important population into two or more populations . Adversely affect habitat critical to the survival of a species . Disrupt the breeding cycle of an important population . Modify, destroy, remove, isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline . Result in invasive species that are harmful to a vulnerable species becoming established in the vulnerable species’ habitat . Introduce disease that may cause the species to decline, or . Interfere substantially with the recovery of the species.

These impact criteria are assessed in Table 9.

Table 9: New Holland Mouse Significant Impact Assessment

Impact Criteria Comment Lead to a long-term decrease in the size of an No Due to the extent of native vegetation clearing important population of a species (1.63ha), the local population is likely to experience a small reduction in habitat where local individuals may be resident, which due to the variation in this species abundance in response to stochastic events (preferring vegetation of a mid-succession age after fire or disturbance), may not be permanently occupied. While the small linear area of vegetation clearing will reduce available foraging and shelter habitat, any potential decrease in population size is likely to be small and more highly influenced by factors unrelated to the proposal, such as fire frequency. This population is not likely to be an important population as defined in Table 10. Reduce the area of occupancy of an important No The area of occupancy of the local population will be population reduced by 1.63ha, however this is not considered to be an important population (Table 6), and the reduction in area of occupancy is small by comparison to the estimated total area of occupancy of 42,000 ha (Department of Environment 2010), and the large area of contiguous habitat in the Stockton Bight landscape. Also, the reduction in area of occupancy will occur primarily in marginal swamp forest habitat with a dense sedge groundcover lacking the floristic diversity of the preferred wet heath habitats in the surrounding locality. Fragment an existing population into two or more No A population is not likely to be fragmented into two or populations more populations. Corridors allowing genetic exchange between individuals to the north and south of the site are conserved at the 200m wide fauna corridor along Nelson Bay Rd which will not be substantially fragmented by the extension of the previously approved Seaside Boulevarde across this corridor to form an intersection with Nelson Bay Rd.

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Impact Criteria Comment Adversely affect habitat critical to the survival of a No No critical habitat is identified in a recovery plan for species this species. The local population, though no individuals were confidently identified during surveys, would likely be resident. A recent (2013) record exists less than 1km from the site in Worimi Regional Park. Due to the likely presence of a local population, the vegetation on site may be utilised for foraging, breeding, or dispersal, however the much of the habitat in the study area is marginal for this species, being swamp forest with a dense sedge ground cover and low floristic diversity. Disrupt the breeding cycle of an important No Changes to fire regimes have potential to disrupt the population breeding cycle of this species, as breeding is related to the abundance and quality of food which is in turn related to fire succession (Seebeck et al., 1996). New Holland Mice are known to prefer (and become more abundant) in habitats at an early stage of succession (Fox and McKay, 1981). However, the proposal will result in changes to fire frequency in the locality and the local population is not likely to be an important population as defined in Table 10. Modify, destroy, remove or isolate or decrease the No The removal of habitat on site is likely to contribute to availability or quality of habitat to the extent that the a small decline in habitat available to the local species is likely to decline population, however due to the small linear area of clearing, mostly marginal habitat cleared, and large area of retained habitat in the locality, this is not likely to cause the species to decline. Result in invasive species that are harmful to a No Weed invasion, competition from the house mouse vulnerable species becoming established in the (Mus musculus), and predation from the red fox vulnerable species’ habitat (Vulpes vulpes), cat (Felis catus), and dog (Canis familiaris) are all known threats to this species or its habitat (Seebeck et al., 1996). The action will increase the risk of weeds establishing, however it is noted that the study area has a high incidence of weeds currently (mostly roadside exotic grasses and Lantana). Foxes were also observed on motion sensing cameras in the study area. The proposal is not likely to substantially increase the risk of invasive species establishing beyond the current high levels. Introduce disease that may cause the species to No A minor increase in the risk of Phytophthora decline cinnamomi establishing is possible as a result of increased human activity, construction, and ground disturbance introducing spores into the local vegetation. Dieback caused by Phytophthora has been identified as a threat to the New Holland Mouse (Seebeck et al., 1996). However, the site has a high level of existing disturbance along Nelson Bay Rd, as evidenced by the high incidence of weeds along the roadway, and therefore an elevated risk of P. cinnamomi establishing via existing dispersal mechanisms operating along the road way. Provided recommended best practice hygiene protocols are implemented (Section 5), the proposal is unlikely to substantially increase the risk of disease establishing in the area such that this species could decline. Interfere substantially with the recovery of the No No actions or objectives are listed under a published species recovery plan for this species applicable at a national level, or to the NSW population. With regard to Priority Actions listed in the Approved Conservation Advice for this species, the development will interfere with the action “Ensure there is no disturbance in areas where the New Holland Mouse occurs,

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

Impact Criteria Comment excluding necessary actions to manage the conservation of the species.” Due to the likely presence of local population, the development may interfere with the recovery of this species in the locality. However, due to the small linear clearing area and the population not representing an important population as defined in Table 6, this local disturbance is not likely to substantially interfere with the recovery of the species.

An “important population” is defined in the Matters of National Environmental Significance: Significant impact guidelines 1.1 (Department of Environment 2013) as a population that is necessary for a species’ long-term survival and recovery. To determine whether any New Holland Mouse population potentially occurring on site constitutes an important population for the purposes of this assessment, the population must be assessed as one or more of the following: . a population identified as an important population in a recovery plan, . a key source population either for breeding or dispersal, . a population that is necessary for maintaining genetic diversity, and/or . a population that is near the limit of the species range.

An assessment of the local population of New Holland Mouse against these criteria is provided in Table 10 below.

Table 10: New Holland Mouse Population Assessment

Population attributes Comment Population identified as an important population in a The New Holland Mouse population at Fern Bay is not listed recovery plan in a recovery plan for the species. Key source population either for breeding or The population is not likely to be a key source population for dispersal dispersal owing to the local geography and relative isolation of the southern Stockton Bight. Any population occurring on site is bound on three sides by barriers to dispersal (Fullerton Cove, Hunter River, and Pacific Ocean) and dispersal to the northeast is limited to a corridor of vegetation inland from Stockton Dunes which is itself bordered on two sides by unsuitable dune habitat lacking vegetation and cleared, disturbed pasture vegetation. Due to the presence of records along the whole vegetated area inland from Stockton dunes between Fern Bay and Bob’s Farm (including several recent records from the past 20 years), and the contiguous habitat across this landscape, the local population which includes the site is likely to be large and able to disperse across this extensive area. Breeding is likely to occur in the area, due to the long history of records (1994, 1997, 2000, 2013), and is likely to follow a pattern of irruption following stochastic events which create favourable conditions for the species, such as optimal vegetation succession conditions after fire. Population that is necessary for maintaining genetic No published evidence from the Fern Bay population or wider diversity region suggests that this population could be important for maintaining genetic diversity or is a genetically distinct sub- population of this species. Barriers to dispersal described above further limit the potential contribution of this population to genetic diversity in the wider Port Stephens region. Population that is near the limit of the species range The New Holland Mouse population at Fern Bay and in the wider Port Stephens region is not near the limit of the species range.

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS

Due to the small area of habitat lost within an area of existing disturbance, the proposed action is not likely to result in a significant impact on the New Holland Mouse. Additionally, the population of the New Holland Mouse occurring at Fern Bay is not likely to constitute an important population necessary for the species long term survival or recovery

JUNE 2018 ECOLOGICAL ASSESSMENT: FERN BAY, NELSON BAY RD SECONDARY ACCESS Appendix 4 Anabat Analysis Report

JUNE 2018

Bat Call Identification

Fern Bay, NSW

Prepared for MJD Environmental Pty Ltd 2/235 Maitland Rd, Mayfield, NSW 2998

Job Reference BC_MJD11 - May 2018

Bat Call Analysis Fern Bay, NSW

This report has been prepared to document the analysis of digital ultrasonic bat echolocation calls received from a third party. The data was not collected by the author and as such no responsibility is taken for the quality of data collection or for the suitability of its subsequent use.

This report was authored by

Dr Anna McConville PhD, B.Env.Sc.

Job Reference: BC_MJD11 7 May 2018

Bat Call Analysis Fern Bay, NSW

Contents

1.0 Introduction ...... 1

2.0 Methods ...... 1

2.1 Characteristics Used to Differentiate Species ...... 2

3.0 Results ...... 3

4.0 Sample Calls ...... 7

5.0 References ...... 8

List of Tables

Table 3-1: Results of bat call analysis (number of passes per site per night) ...... 4

List of Figures

Figure 4-1: Austronomus australis definite call ...... 7

Figure 4-2: Chalinolobus gouldii definite call ...... 7

Figure 4-3: Miniopterus australis definite call ...... 7

Figure 4-4: Miniopterus orianae oceanensis probable call ...... 7

Figure 4-5: Mormopterus ridei probable call ...... 8

Figure 4-6: Saccolaimus flaviventris probable call ...... 8

Job Reference: BC_MJD11 May 2018

Bat Call Analysis Fern Bay, NSW

1.0 INTRODUCTION

This report has been commissioned by MJD Environmental to analyse bat echolocation call data (Anabat, Titley Electronics) collected from Fern Bay, NSW. Data was provided electronically to the author. This report documents the methods involved in analysing bat call data and the results obtained only.

2.0 METHODS

The identification of bat echolocation calls recorded during surveys was undertaken using AnalookW (Chris Corben, Version 4.2n) software. The calls were recorded using Data Division Ratio 8. The identification of calls was undertaken with reference to Pennay et al. (2004) and through the comparison of recorded reference calls from north-eastern NSW and the Sydney Basin. Reference calls were obtained from the NSW database and from the authors personal collection.

Each call sequence (‘pass’) was assigned to one of five categories, according to the confidence with which an identification could be made, being:

• Definite - Pass identified to species level and could not be confused with another species

• Probable - Pass identified to species level and there is a low chance of confusion with another species

• Possible - Pass identified to species level but short duration or poor quality of the pass increases the chance of confusion with another species

• Species group - Pass could not be identified to species level and could belong to one of two or more species. Occurs more frequently when passes are short or of poor quality

• Unknown - Either background ‘noise’ files or passes by bats which are too short and/or of poor quality to confidently identify.

Call sequences that were less than three pulses in length were not analysed and were assigned to ‘Unknown’ and only search phase calls were analysed. Furthermore, some species are difficult to differentiate using bat call analysis due to overlapping call frequencies and similar shape of plotted calls and in these cases calls were assigned to species groups.

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Bat Call Analysis Fern Bay, NSW

The total number of passes (call sequences) per unit per night was tallied to give an index of activity.

It should be noted that the activity levels recorded at different sites may not be readily able to be compared. Activity levels should not be compared among species as different species have different detectability due to factors such as call loudness, foraging strategy and call identifying features. Activity comparisons among sites are dependent on many variables which need to be carefully controlled during data collection and statistically analysed. Influential variables include wind, rain, temperature, duration of recording, season, detector and microphone sensitivity, detector placement, weather protection devices etc.

Nomenclature follows the Australian Chiroptera taxonomic list described by Reardon et al. (2015).

2.1 Characteristics Used to Differentiate Species

Miniopterus australis was differentiated from Vespadelus pumilus, by characteristic frequency or the presence of a down-sweeping tail on pulses.

Calls from Miniopterus orianae oceanensis were differentiated from Vespadelus spp. by a combination of uneven consecutive pulses and the presence of down-sweeping tails.

Calls from Mormopterus spp. were differentiated by the presence of mainly flat pulses. Mormopterus ridei was differentiated from Mormopterus norfolkensis in long call sequences with little pulse alternation.

Chalinolobus gouldii was differentiated from other species by the presence of curved, alternating call pulses.

Scotorepens orion, Scoteanax rueppellii and Falsistrellus tasmaniensis were unable to be differentiated from one another. Falsistrellus tasmaniensis is most frequently recorded from more elevated locations in the region and so its occurrence within the study area is unlikely. However, some records exist from coastal lowlands and so we have included it in our species groups as a precautionary measure.

Myotis macropus, Nyctophilus geoffroyi and Nyctophilus gouldi were unable to be differentiated.

Saccolaimus flaviventris and Austronomus australis were differentiated from other bat species on the basis of characteristic frequency.

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Bat Call Analysis Fern Bay, NSW

Phoniscus papuensis (Golden-tipped Bat) has a very quiet call that is not often recorded on bat detectors.

3.0 RESULTS

A total of 37,387 call sequences were recorded, of which 80 call sequences were able to be analysed (ie were not ‘noise’ files or bat calls of short length). Of the bat calls, 22 call sequences (28 %) were able to be confidently identified (those classified as either definite or probable identifications) to species level (Table 3-1). Species recorded confidently within the site include:

• Austronomus australis (White-striped Free-tailed Bat) • Chalinolobus gouldii (Gould’s Wattled Bat) • Miniopterus australis (Little Bent-winged Bat) • Miniopterus orianae oceanensis (Eastern Bent-winged Bat) • Mormopterus ridei (Ride’s Free-tailed Bat) • Saccolaimus flaviventris (Yellow-bellied Sheath-tailed Bat)

Additionally, the following bat species potentially occurred within the site, but could not be confidently identified (those calls classified as possible or as a species group):

• Chalinolobus morio (Chocolate Wattled Bat) • Falsistrellus tasmaniensis (Eastern Falsistrelle) • Mormopterus norfolkensis (Eastern coastal Free-tailed Bat) • Myotis macropus (Large-footed Myotis) • Nyctophilus geoffroyi (Lesser long-eared bat) • Nyctophilus gouldi (Gould’s long-eared bat) • Scoteanax rueppellii (Greater Broad-nosed Bat) • Scotorepens orion (Eastern Broad-nosed Bat) • Vespadelus darlingtoni (Large Forest Bat) • Vespadelus pumilus (Eastern Forest Bat) • Vespadelus regulus (Southern Forest Bat) • Vespadelus troughtoni (Eastern cave bat) • Vespadelus vulturnus (Little Forest Bat)

It should be noted that additional bat species may be present within the site but were not recorded by the detectors (or are difficult to identify by bat call) and habitat assessment should be used in conjunction with these results to determine the likelihood of occurrence of other bat species.

Table 3-1 below summarises the results of the bat call analysis.

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Bat Call Analysis Fern Bay, NSW

Table 3-1: Results of bat call analysis (number of passes per site per night)

A B1 A B1 A B1 A B1 A B1 A B1 A B1 A B2 A B2 A B2 A B2 A B2 A B2 A B2 IDENTIFICATION /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 /04/2018 5/04/2018 6 7 8 9 5/04/2018 6 7 8 9 10 11 10 11 Anabat Anabat Anabat Anabat Anabat Anabat Anabat Anabat Anabat Anabat Anabat Anabat Anabat Anabat

DEFINITE

Austronomus australis - - 1 ------

Chalinolobus gouldii ------1 1 - 1 3 1

Miniopterus australis ------1 - - 1 - 1 -

PROBABLE

Chalinolobus gouldii ------2 1 2 2

Miniopterus orianae oceanensis ------1 - - -

Mormopterus ridei ------2 - - -

Saccolaimus flaviventris ------1 - - - -

POSSIBLE

Chalinolobus dwyeri ------1 -

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Bat Call Analysis Fern Bay, NSW

SPECIES GROUPS

Chalinolobus gouldii / Mormopterus norfolkensis / Mormopterus 1 - 1 1 - - - 4 - - 4 - 1 1 ridei

Chalinolobus gouldii / Mormopterus ridei ------1 - 1 1 1 - -

Chalinolobus gouldii / Scoteanax rueppellii 1 - - 1 - 1 ------

Chalinolobus morio / Vespadelus pumilus / Vespadelus vulturnus ------1 - - - - - 1 / Vespadelus troughtoni

Falsistrellus tasmaniensis / Scotorepens orion 1 - - - - - 3 ------

Falsistrellus tasmaniensis / Scotorepens orion / Scoteanax - - - 1 - - 2 - - - 2 - - 1 rueppellii

Miniopterus australis / Vespadelus pumilus 1 3 2 1 - 1 - - 1 1 - - - 2

Miniopterus orianae oceanensis / Vespadelus darlingtoni / - - - - - 1 - 5 3 - - - 2 1 Vespadelus regulus

Myotis macropus / Nyctophilus geoffroyi / Nyctophilus gouldi - 1 ------

UNKNOWN

‘Noise’ files 24 2 - - - - - 3134 1970 8806 2613 5872 6970 7834

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Bat Call Analysis Fern Bay, NSW

Unknown 17 6 10 10 5 - 4 6 3 2 13 3 2 1

TOTAL 45 12 14 14 5 3 9 3152 1978 8812 2639 5878 6982 7844

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Bat Call Analysis Fern Bay, NSW

4.0 SAMPLE CALLS

A sample of the calls actually identified from the site for each species is given below.

Figure 4-1: Austronomus australis definite call

Figure 4-2: Chalinolobus gouldii definite call

Figure 4-3: Miniopterus australis definite call

Figure 4-4: Miniopterus orianae oceanensis probable call

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Bat Call Analysis Fern Bay, NSW

Figure 4-5: Mormopterus ridei probable call

Figure 4-6: Saccolaimus flaviventris probable call

5.0 REFERENCES

Adams, M. D., Law, B.S., French, K.O. (2009). "Vegetation structure influences the vertical stratification of open- and edge-space aerial-foraging bats in harvested forests." Forest Ecology and Management 258(9): 2090-2100.

Adams, M. D., Law, B.S., French, K.O. (2010). Reliable automation of bat call identification for eastern New South Wales, Australia, using classification trees and AnaScheme software. Acta Chiropterologica 12(1): 231-245.

Australasian Bat Society Incorporated (undated) Standards for reporting bat detector surveys, http://batcall.csu.edu.au/abs/issues/ABS Anabat survey standards.pdf

Churchill, S. (2008). Australian Bats. Second Edition Allen & Unwin; Crows Nest, NSW.

Law, B.S., Reinhold, L. and Pennay, M. (2002). Geographic variation in the echolocation calls of Vespadelus spp. (Vespertilionidae) from New South Wale and Queensland, Australia. Acta Chiropterologica 4: 201-215.

Pennay, M., Law, B. and Reinhold, L. (2004). Bat calls of New South Wales: Region based guide to the echolocation calls of Microchiropteran bats. NSW Department of Environment and Conservation, Hurstville.

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Bat Call Analysis Fern Bay, NSW

Reardon, T., Armstrong, K., Jackson, S. (2015). A current taxonomic list of Australian Chiroptera, Australasian Bat Society, Inc. Version 2015-05-15.

Reinhold, L., Law, B., Ford, G. and Pennay, M. (2001a). Key to the bat calls of south-east Queensland and north-east New South Wales. Queensland Department of Natural Resources and Mines, State Forests of New South Wales, University of Southern Queensland, and New South Wales National Parks and Wildlife Service, Australia.

Reinhold, L., Herr, A., Lumsden, L., Reardon, T., Corben, C., Law, B., Prevett, P., Ford, G., Conole, L., Kutt, A., Milne, D. and Hoye, G. (2001b). Geographic variation in the echolocation calls of Gould’s wattled bat Chalinolobus gouldii. Australian Zoologist 31: 618- 624.

Van Dyck, S. and Strahan, R. (Eds.) (2008). The Mammals of Australia: Third Edition. New Holland; Sydney.

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