Final Report Biodiversity Assessment: 3013 Henty Highway, Heywood,

Prepared for BB Design Group September 2019

Ecology and Heritage Partners Pty Ltd

MELBOURNE: 292 Mt Alexander Road, Ascot Vale VIC 3032 : 230 Latrobe Terrace, Geelong West Vic 3218 BRISBANE: Level 22, 127 Creek Street, Brisbane QLD 4000 : 22 Greenhill Road, Wayville SA 5034 CANBERRA: PO Box 6067, O’Connor ACT 2602 SYDNEY: Level 5, 616 Harris Street, Ultimo, NSW, 2007 www.ehpartners.com.au | (03) 9377 0100

Contents

1 INTRODUCTION ...... 3 2 STUDY AREA ...... 3 3 METHODS ...... 3 4 RESULTS ...... 5 5 LEGISLATIVE AND POLICY IMPLICATIONS ...... 8 6 MITIGATION MEASURES ...... 9 7 FURTHER REQUIREMENTS ...... 9 REFERENCES ...... 11 FIGURES ...... 13 APPENDIX 1 - FLORA ...... 18

Document Control

Assessment Biodiversity Assessment Address 3013 Henty Highway, Heywood, Victoria Project number 12516 Project manager Elyse Harrison (Technical Officer – Botany) Report reviewer Robyn Neville (Senior Botanist) Mapping Julian Yuan (GIS Officer) File name 12516_EHP_BA_3013HentyHighwayHeywood_Final_24092019 Client BB Design Group Bioregion Plain CMA Glenelg Hopkins Council Glenelg Shire

Copyright © Ecology and Heritage Partners Pty Ltd This document is subject to copyright and may only be used for the purposes for which it was commissioned. The use or copying of this document in whole or part without the permission of Ecology and Heritage Partners Pty Ltd is an infringement of copyright.

Disclaimer Although Ecology and Heritage Partners Pty Ltd have taken all the necessary steps to ensure that an accurate document has been prepared, the company accepts no liability for any damages or loss incurred as a result of reliance placed upon the report and its contents.

Biodiversity Assessment: 3013 Henty Highway, Heywood, Victoria 2

1 Introduction

Ecology and Heritage Partners Pty Ltd was commissioned by BB Design Group to conduct a Biodiversity Assessment at 3013 Henty Highway, Heywood, Victoria. The purpose of the assessment was to identify the extent and type of remnant native vegetation present within the study area and to determine the likely presence of significant flora and fauna species and/or ecological communities. This report presents the results of the assessment and discusses the potential ecological and legislative implications associated with the proposed action.

2 Study Area

The study area is located at 3013 Henty Highway, Heywood, Victoria, approximately 335 kilometres west of ’s CBD (Figure 1). The site covers approximately 2.3 hectares and is bound by agricultural land to the north, and the Princes and Henty Highways to the west, east and south. The study area is generally flat pasture land, with a drainage line running adjacent to the property along both the Princes and Henty Highway. The land is heavily grazed and degraded by cattle. There is a small waterbody/wallow toward the centre of the property, which adjoins a thin stream flowing along the eastern property boundary. This stream connects to the drainage line along the . According to the Department of Environment, Land, Water and Planning (DELWP) NatureKit Map (DELWP 2019a), the study area occurs within the Warrnambool Plain bioregion. It is located within the jurisdiction of the Glenelg Hopkins Catchment Management Authority (CMA) and the Glenelg Shire municipality.

3 Methods

3.1 Desktop Assessment

Relevant literature, online-resources and databases were reviewed to provide an assessment of flora and fauna values associated with the study area. The following information sources were reviewed: • The DELWP NatureKit Map (DELWP 2019a) and Native Vegetation Information Management (NVIM) Tool (DELWP 2019b) for: o Modelled data for location risk, remnant vegetation patches, scattered trees and habitat for rare or threatened species; and, o The extent of historic and current EVCs. • EVC benchmarks (DELWP 2019c) for descriptions of EVCs within the relevant bioregion;

• The Victorian Biodiversity Atlas (VBA) for previously documented flora and fauna records within the project locality (DELWP 2018a);

• The Illustrated Flora Information System of Victoria (IFLISV) (Gullan 2017) for assistance with the distribution and identification of flora species;

Biodiversity Assessment: 3013 Henty Highway, Heywood, Victoria 3

• The Commonwealth Department of the Environment (DoEE) Protected Matters Search Tool (PMST) for matters of National Environmental Significance (NES) protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (DoEE 2019);

• Relevant listings under the Victorian Flora and Fauna Guarantee Act 1988 (FFG Act), including the latest Threatened and Protected Lists (DELWP 2018; DELWP 2017a);

• The online VicPlan Map (DELWP 2019d) to ascertain current zoning and environmental overlays in the study area; and, • Aerial photography of the study area.

3.2 Field Assessment

A field assessment was undertaken on 26 July 2019 to obtain information on flora and fauna values within the study area. In addition, the two road reserves along the Princes and Henty Highways were also assessed.

The study area was walked, with all commonly observed vascular flora and fauna species recorded, significant records mapped and the overall condition of vegetation and habitats noted. Ecological Vegetation Classes (EVCs) were determined with reference to DELWP pre-1750 and extant EVC mapping (DELWP 2019a) and their published descriptions (DELWP 2019c). Where remnant vegetation was identified a habitat hectare assessment was undertaken following methodology described in the Vegetation Quality Assessment Manual (DSE 2004).

3.3 Removal, Destruction or Lopping of Native Vegetation (the Guidelines)

Under the Planning and Environment Act 1987, Clause 52.17 of the Glenelg Shire Planning Scheme requires a planning permit to remove, destroy or lop native vegetation. The assessment process for the clearing of vegetation follows the ‘Guidelines for the removal, destruction or lopping of native vegetation’ (the Guidelines) (DELWP 2017b).

3.4 Assessment Qualifications and Limitations

This report has been written based on the quality and extent of the ecological values and habitat considered to be present or absent at the time of the desktop and field assessments being undertaken.

Data and information held within the ecological databases and mapping programs reviewed in the desktop assessment (e.g. VBA, PMST, etc.) are unlikely to represent all flora and fauna observations within, and surrounding, the study area. It is therefore important to acknowledge that a lack of documented records does not necessarily indicate that a species or community is absent, but instead may reflect a lack of survey effort. A comprehensive list of all terrestrial flora and fauna present within the study area was not undertaken as this was not the objective of the assessment. Rather a list of commonly observed species was recorded to inform the habitat hectare assessment and assist in determining the broader biodiversity values present within the study area. Targeted flora or fauna surveys were not undertaken, as this was beyond the preliminary scope of the project. Nevertheless, the terrestrial flora and fauna data collected during the field assessment and information obtained from relevant desktop sources is considered to adequately inform an accurate assessment of the

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ecological values present within the study area.

4 Results

4.1 Vegetation Condition

4.1.1 Remnant Patches

The study area is wholly comprised of highly modified agricultural/pastural land, which is dominated by exotic flora (Plate 1; Plate 2). Scattered indigenous sedges and rushes (Juncus spp., Carex sp.) were found persisting within the study area, however, no patches of native vegetation as defined by the Guidelines (2017b) were observed(i.e. >25% cover).

Plate 1. Pasture land within the study area (Ecology and Plate 2. Pasture land within the study area (Ecology Heritage Partners Pty Ltd 26/07/2019). and Heritage Partners Pty Ltd 26/07/2019).

4.1.2 Scattered Trees

There were no scattered trees recorded within the study area.

4.1.3 Large Trees

There were no large trees recorded within the study area.

4.1.4 Introduced and Planted Vegetation

The study area is wholly comprised of highly modified agricultural/pastural land with a high cover (>95%) of exotic grass, herb and shrub species (Plate 3).

Disturbed areas were dominated by environmental weeds such as Ox-tongue Helminthotheca echioides, English Daisy Bellis perennis, Common Sow-thistle Sonchus oleraceus, Common cotula Cotula australis, Yorkshire Fog Holcus lanatus, Fleabane Conyza sp. and Couch Cynodon dactylon var. dactylon. The noxious weed Spear Thistle Cirsium vulgare was present throughout the study area (Plate 4).

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Toowoomba Canary-grass Phalaris aquatica was located around the boundary of the study area, along the fence lines, and also along the stream within the study area (Plate 5).

Planted vegetation consisted of non-indigenous trees along the Henty Highway road reserve (outside of the study area) (Plate 6).

Plate 3. Introduced grassland within the study area Plate 4. Spear Thistle (dead) within the study area (Ecology and Heritage Partners Pty Ltd 26/07/2019). (Ecology and Heritage Partners Pty Ltd 26/07/2019).

Plate 5. Toowoomba Canary-grass located along the Plate 6. Planted tree along the Henty Highway road study area boundary (Ecology and Heritage Partners Pty reserve (Ecology and Heritage Partners Pty Ltd Ltd 26/07/2019). 26/07/2019).

4.2 Fauna Habitat

The majority of the study area consists of paddocks which contain improved exotic pastures, likely to be used as a foraging resource by common generalist bird species which are tolerant of modified open areas. Fauna observed using this habitat included; Australian Magpie Cracticus tibicen, Common Blackbird Turdus merula, Little Raven Corvus mellori, Magpie-lark Grallina cyanoleuca, House Sparrow Passer domesticus, and Willie Wagtail Rhipidura leucophrys. Numerous clay mounds or ‘chimneys’ were located along the drainage lines and waterbodies, indicative of crayfish habitat.

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Important feeding and nesting habitat for the South-eastern Red-tailed Black Cockatoo (scattered, mature paddock trees) were not recorded within the study area.

4.3 Removal of Native Vegetation (the Guidelines)

We understand that BB Design Group is proposing to develop the site into a service station and require an ecological assessment to support their planning permit application. The current development plan proposes to develop the entire site. However, the study area is wholly comprised of agricultural/pastural land and is considered highly modified with no native vegetation present.

4.3.1 Vegetation proposed to be removed

No scattered trees or patches of native vegetation, as defined by the Guidelines, were identified within the study area.

4.3.2 Offset Targets

There are no offset requirements associated with the removal of vegetation within the study area.

4.4 Significance Assessment

4.4.1 Flora

There were no listed or protected flora species in the study area. A consolidated list of flora species recorded is provided in Appendix 1.

The VBA contains records of four nationally significant and 19 State significant flora species previously recorded within 10 kilometres of the study area (DELWP 2019d) (Figure 3). The PMST nominated an additional nine nationally significant species which have not been previously recorded but have the potential to occur in the locality (DoEE 2019). No national or State significant flora were recorded during the site assessment, and based on the modified nature of the study area, landscape context and the proximity of previous records, significant flora species are considered unlikely to occur within the study area due to the high levels of disturbance and absence of suitable habitat.

4.4.2 Fauna

The VBA contains records of 13 nationally significant and 15 State significant fauna species previously recorded within 10 kilometres of the study area (DELWP 2019d) (Figure 4). The PMST nominated an additional 10 nationally significant species which have not been previously recorded but have the potential to occur in the locality (DoEE 2019).

Based on the absence of important breeding or foraging habitats, the modified nature of the study area, landscape context and the proximity of previous records, significant fauna species are considered unlikely to rely on habitat within the study area.

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4.4.3 Communities

Two nationally listed ecological communities are predicted to occur within 10 kilometres of the study area (DoEE 2019).

• Grassy Eucalypt Woodland of the Victorian Volcanic Plain; and, • Natural Temperate Grassland of the Victorian Volcanic Plain. However, due to the extensive modification of vegetation within the study area, the vegetation present did not meet the condition thresholds that define any national or State-significant ecological communities.

5 Legislative and Policy Implications

5.1 Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)

The proposed action is highly unlikely to have a significant impact on any matter of NES. As such, a referral to the Commonwealth Environment Minister is unlikely to be required regarding matters listed under the EPBC Act.

5.2 Flora and Fauna Guarantee Act 1988 (Victoria)

There are no confirmed records of species listed as threatened and/or protected under the FFG Act. Furthermore, the study area is privately owned, and as such a permit under the FFG Act is not required.

5.3 Planning and Environment Act 1987 (Victoria)

The Planning and Environment Act 1987 outlines the legislative framework for planning in Victoria and for the development and administration of planning schemes. All planning schemes contain native vegetation provisions at Clause 52.17 which require a planning permit from the relevant local Council to remove, destroy or lop native vegetation, unless an exemption under clause 52.17-7 of the Victorian Planning Schemes applies.

5.3.1 Local Planning Schemes

The study area is located within the Glenelg Shire municipality. The following zoning and overlays apply (DELWP 2017f, 2017g):

• Farming Zone (FZ); and, • Environmental Significance Overlay – Schedule 3 (ESO3)

5.3.2 Environmental Significance Overlay – Schedule 3 (ESO3)

The ESO3 aims to protect and conserve the critical habitat of the endangered South-Eastern Red-tailed Black Cockatoo Calyptorhynchus banksia graptogyne. This is accomplished through the retention of live and dead hollow bearing trees within the species’ range and the retention of Brown Stringybark Eucalyptus baxteri and Desert Stringybark Eucalyptus arenacea trees within the species’ known feeding area. A permit is required to remove, destroy, or lop any standing native tree (including a dead tree) with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level, a hollow bearing eucalypt

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tree or a Brown Stringybark or Desert Stringybark with a trunk diameter of greater than 30 centimetres at 1.3 metres above ground level.

5.3.3 The Guidelines

The State Planning Policy Framework and the decision guidelines at Clause 52.17 (Native Vegetation) and Clause 12.01 require Planning and Responsible Authorities to have regard for the ‘Guidelines for the removal, destruction or lopping of native vegetation’ (the Guidelines) (DELWP 2017a).

5.3.4 Implications

No scattered trees or patches of native vegetation, as defined by the Guidelines, were identified within the study area, therefore there are no offset requirements associated with the removal of vegetation within the study area.

Based on the presence of scattered indigenous sedges and rushes, a Planning Permit from Glenelg Shire is required to remove, destroy or lop native vegetation under Clause 52.17 and 42.01 (ESO3) of the Planning Scheme.

In this instance, the application is not required to be referred to DELWP.

Catchment and Land Protection Act 1994 (Victoria)

Weeds listed as noxious under the CaLP Act were recorded during the assessment (Spear Thistle). To meet requirements under the CaLP Act, listed noxious weeds should be appropriately controlled throughout the study area.

6 Mitigation Measures

6.1 Best Practice Mitigation Measures

Recommended measures to mitigate impacts upon terrestrial and aquatic values present within the study area may include:

• Ensure that best practice sedimentation and pollution control measures are undertaken at all times, in accordance with Environment Protection Authority guidelines (EPA 1991; EPA 1996; Victorian Stormwater Committee 1999) to prevent offsite impacts to waterways and wetlands; and,

• As indigenous flora provides valuable habitat for indigenous fauna, it is recommended that any landscape plantings that are undertaken as part of the proposed works are conducted using indigenous species sourced from a local provenance, rather than exotic deciduous trees and shrubs.

7 Further Requirements

Further requirements associated with development of the study area, as well as additional studies or reporting that may be required, are provided in Table 1.

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Table 1. Further requirements associated with development of the study area

Relevant Legislation Implications Further Action Environment The proposed action is highly unlikely to have a Protection and significant impact on any matter of NES. As such, a Biodiversity referral to the Commonwealth Environment Minister is No further action required. Conservation Act unlikely to be required regarding matters listed under 1999 the EPBC Act. There are no confirmed records of species listed as Flora and Fauna threatened and/or protected under the FFG Act. No further action required. Guarantee Act 1988 Furthermore, the study area is privately owned, and as such a permit under the FFG Act is not required. No scattered trees or patches of native vegetation, as defined by the Guidelines, were identified within the study area. There are no offset requirements associated with the Planning and removal of vegetation within the study area. Prepare and submit a Planning Permit Environment Act 1987 Based on the presence of scattered indigenous sedges application. and rushes, a Planning Permit from Glenelg Shire is required to remove, destroy or lop native vegetation under Clause 52.17 and 42.01 (ESO3) of the Planning Scheme. A weed species (Spear Thistle) listed under the CaLP Act was recorded within the study area. To meet Listed noxious weeds should be Catchment and Land requirements under the CaLP Act, listed noxious weeds appropriately controlled throughout the Protection Act 1994 should be appropriately controlled throughout the study area study area.

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References DELWP 2017a. Flora and Fauna Guarantee Act 1988 Protected Flora List – June 2017. Victorian Department of Environment, Land, Water and Planning. Melbourne, Victoria.

DELWP 2017b. Guidelines for the removal, destruction or lopping of native vegetation. December 2017.Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2017c. Flora and Fauna Guarantee Act 1988 – Threatened List: Characteristics of Threatened Communities [WWW Document]. URL:

DELWP 2019a. NatureKit Map [www Document]. URL: http://maps.biodiversity.vic.gov.au/viewer/?viewer=NatureKit. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2019b. Native Vegetation Information Management Tool [www Document]. URL: https://nvim.delwp.vic.gov.au. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria.

DELWP 2019c. Ecological Vegetation Class (EVC) Benchmarks for each Bioregion [www Document]. URL: https://www.environment.vic.gov.au/biodiversity/bioregions-and-evc-benchmarks. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria.

DELWP 2019d. VicPlan Map [www Document]. URL: https://mapshare.maps.vic.gov.au/vicplan/. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DEPI 2014. Advisory List of Rare or Threatened Plants in Victoria. Victorian Department of Environment and Primary Industries, Melbourne, Victoria. DoEE 2019. Protected Matters Search Tool. [www Document] URL: http://www.environment.gov.au/epbc/pmst/index.html. Commonwealth Department of Environment and Energy, Canberra, ACT. DSE 2004. Vegetation quality assessment manual: Guidelines for applying the habitat hectares scoring method. Version 1.3. Victorian Department of Sustainability and Environment, Melbourne Victoria

DSE 2009. Advisory list of Threatened Invertebrate Fauna in Victoria – 2009. Victorian Department of Sustainability and Environment, Melbourne, Victoria. DSE 2011. Native Vegetation Technical information sheet: Defining an acceptable distance for tree retention during construction works. Victorian Department of Sustainability and Environment, Melbourne, Victoria.

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EPA 1991. Construction Techniques for Sediment Pollution Control. Published document prepared by the Victorian Environment Protection Authority, Melbourne, Victoria.

EPA 1996. Environmental Guidelines for Major Construction Sites. Published document prepared by the Victorian Environmental Protection Authority, Melbourne, Victoria. Gullan, P. 2017. Illustrated Flora Information System of Victoria (IFISV). Viridans Pty Ltd, Victoria. Victorian Urban Stormwater Committee 1999. Urban Stormwater: Best Practice Environmental Management Guidelines. CSIRO, Collingwood, Victoria.

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Figures

Biodiversity Assessment: 3013 Henty Highway, Heywood, Victoria 13

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Appendix 1 - Flora

Legend: * Listed as a noxious weed under the CaLP Act w Weed of National Significance

Table A1.1. Flora recorded within the study area

Scientific Name Common Name Notes

INDIGENOUS SPECIES Carex sp. Sedge - Juncus sp. Rush -

NON-INDIGENOUS OR INTRODUCED SPECIES Bellis perennis English Daisy - Calamagrostis sp. Rush Grass - Cirsium vulgare Spear Thistle * Conyza sp. Fleabane - Cotula australis Common Cotula - Cynodon dactylon Couch - Daucus carota Carrot - Glyceria sp. Sweet Grass - Helminthotheca echioides Ox-tongue - Holcus lanatus Yorkshire Fog - Hypochaeris radicata Flatweed - Paspalum sp. Paspalum - Phalaris aquatica Toowoomba Canary-grass - Sonchus oleraceus Common Sow-thistle - Trifolium sp. Clover -

Biodiversity Assessment: 3013 Henty Highway, Heywood, Victoria 18