Environment Protection and Biodiversity Conservation Act 1999

Referral of proposed action What is a referral? The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) provides for the protection of the environment, especially matters of national environmental significance (NES). Under the EPBC Act, a person must not take an action that has, will have, or is likely to have a significant impact on any of the matters of NES without approval from the Australian Government Environment Minister. To obtain approval from the Environment Minister, a proposed action should be referred. The purpose of a referral is to obtain a decision on whether your proposed action will need formal assessment and approval under the EPBC Act. Your referral will be the principal basis for the Minister’s decision as to whether approval is necessary and, if so, the type of assessment that will be taken. These decisions are made within 20 business days, provided that sufficient information is provided in the referral.

Who can make a referral? Referrals may be made by a person proposing to take an action, the Commonwealth or a Commonwealth agency, a state or territory government, or agency, provided that the relevant government or agency has administrative responsibilities relating to the action.

When do I need to make a referral? A referral must be made for actions that are likely to have a significant impact on the following matters protected by Part 3 of the EPBC Act: World Heritage properties (sections 12 and 15A) National Heritage places (sections 15B and 15C) Wetlands of international importance (sections 16 and 17B) Listed threatened species and communities (sections 18 and 18A) Listed migratory species (sections 20 and 20A) Protection of the environment from nuclear actions (sections 21 and 22A) Marine environment (sections 23 and 24A) The environment, if the action involves Commonwealth land (sections 26 and 27A), including:  actions that are likely to have a significant impact on the environment of Commonwealth land (even if taken outside Commonwealth land);  actions taken on Commonwealth land that may have a significant impact on the environment generally; The environment, if the action is taken by the Commonwealth (section 28) Commonwealth Heritage places outside the Australian jurisdiction (sections 27B and 27C) You may still make a referral if you believe your action is not going to have a significant impact, or if you are unsure. This will provide a greater level of certainty that Commonwealth assessment requirements have been met. To help you decide whether or not your proposed action requires approval (and therefore, if you should make a referral), the following guidance is available from the Department’s web site: the Policy Statement titled Significant Impact Guidelines 1.1 – Matters of National Environmental Significance. Additional sectoral guidelines are also available. the Policy Statement titled Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies. the interactive map tool (enter a location to obtain a report on what matters of NES may occur in that location).

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Can I refer part of a larger action? In certain circumstances, the Minister may not accept a referral for an action that is a component of a larger action and may request the person proposing to take the action to refer the larger action for consideration under the EPBC Act (Section 74A, EPBC Act). If you wish to make a referral for a staged or component referral, read ‘Fact Sheet 6 Staged Developments/Split Referrals’ and contact the Referral Business Entry Point (1800 803 772).

Do I need a permit? Some activities may also require a permit under other sections of the EPBC Act. Information is available on the Department’s web site.

What information do I need to provide? Schedule 2 of the EPBC Regulations sets out the information that must be included in a referral. Completing all parts of this form will ensure that you submit the required information and will also assist the Department to process your referral efficiently. You can complete your referral by entering your information into this Word file. Instructions Instructions are provided in green text throughout the form. Attachments/supporting information The referral form should contain sufficient information to provide an adequate basis for a decision on the likely impacts of the proposed action. You should also provide supporting documentation, such as environmental reports or surveys, as attachments. Coloured maps, figures or photographs to help explain the project and its location should also be submitted with your referral. Aerial photographs, in particular, can provide a useful perspective and context. Figures should be good quality as they may be scanned and viewed electronically as black and white documents. Maps should be of a scale that clearly shows the location of the proposed action and any environmental aspects of interest. Please ensure any attachments are below two megabytes (2mb) as they will be published on the Department’s website for public comment (Note: the Minister may decide not to publish information that is commercial-in-confidence). To minimise file size, enclose maps and figures as separate files if necessary. If unsure, contact the Referral Business Entry Point for advice. Attachments larger than two megabytes (2mb) may delay processing of your referral.

How do I submit a referral? Referrals may be submitted by mail, fax or email. Mail to: Referral Business Entry Point Environment Assessment Branch Department of the Environment, Water, Heritage and the Arts GPO Box 787 CANBERRA ACT 2601

 If submitting via mail, electronic copies of documentation (on CD/DVD or by email) are appreciated.

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Fax to: 02 6274 1789 Faxed documents must be of sufficiently clear quality to be scanned into electronic format. Address the fax to the mailing address, and clearly mark it as a ‘Referral under the EPBC Act’. Follow up with a mailed hardcopy including copies of any attachments or supporting reports.

Email to: [email protected] Clearly mark the email as a ‘Referral under the EPBC Act’. Attach the referral as a Microsoft Word file and, if possible, a PDF file. Follow up with a mailed hardcopy including copies of any attachments or supporting reports.

What happens next? Following receipt of a valid referral (containing all required information) you will be advised of the next steps in the process, and the referral and attachments will be published on the Department’s web site for public comment (Note: the Minister may decide not to publish information that is commercial-in- confidence). The Department will write to you at the end of 20 business days to advise you of the outcome of your referral and whether or not formal assessment and approval under the EPBC Act is required. There are a number of possible decisions regarding your referral, including: The proposed action is NOT LIKELY to have a significant impact and does NOT NEED approval No further consideration is required under the environmental assessment provisions of the EPBC Act and the action can proceed (subject to any state or local government requirements). The proposed action is NOT LIKELY to have a significant impact IF undertaken in a particular manner The particular manner in which you must carry out the action will be identified as part of the final decision. You must report your compliance with the particular manner to the Department. The proposed action is LIKELY to have a significant impact and does NEED approval If the action has, will have or is likely to have a significant impact it is called a controlled action and the particular matters upon which the action may have a significant impact (such as World Heritage or threatened species) are known as the controlling provisions. The proposed action is subject to a public assessment process before it can be considered for approval. The assessment approach will usually be decided at the same time as the controlled action decision. (Further information about the levels of assessment and basis for deciding the approach are available on the Department’s web site.) Compliance audits The Department may audit your project at any time to ensure that it was completed in accordance with the information provided in the referral or the particular manner specified in the decision. If the project changes, such that the likelihood of significant impacts could vary, you should write to the Department to advise of the changes.

For more information call the Department of the Environment, Water, Heritage and the Arts Community Information Unit on 1800 803 772 or visit the web site www.environment.gov.au/epbc All the information you need to make a referral, including documents referenced in this form, can be accessed from the above web site.

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Referral of proposed action

Wolseley to Kalangadoo Rail Upgrade Project title:

1 Summary of proposed action

1.1 Short description Use 2 or 3 sentences to uniquely identify the proposed action and its location. To upgrade approximately 150 km of the temporarily unused South-East railway line between Wolseley to Kalangadoo, South Australia. The previously active railway line would be converted from broad gauge line to a standard gauge to link with the Adelaide-Melbourne railway line.

Additionally, the project includes:

 A new rail loading facility and mainline diversion:

o a 1.8 km rail siding, 2 km railway line diversion and 500 m concrete loading pad is to be built adjacent to the Penola pulp mill site, Argyle Road, Penola.

 A new Naracoorte crossing loop (1.95km track duplication) It is proposed that the pulp mill will generate approximately one freight train journey per day.

1.2 Latitude and longitude Latitude Longitude (S) (E) location point degrees minutes seconds degrees minutes seconds Wolseley (start 36 21 59 140 54 33 of railway line) Naracoorte 36 57 31 140 43 53 (railway line passes through) Penola (railway 37 22 58 140 49 46 line passes through) Kalangadoo 37 33 42 140 42 05 (end of railway line)

1.3 Locality

The railway line is located within the south-east region of South Australia. The start of the proposed upgraded railway line is located at Wolseley, which is approximately 14 km south-east of Bordertown. The track begins where the proposed upgraded railway line meets the Melbourne to Adelaide railway line (50 m east of Wolseley Station). The railway line extends south, to the west of the South Australian-Victorian border for approximately 150 km to Kalangadoo, passing through towns including Naracoorte and Penola. Kalangadoo (where the proposed rail upgrade finishes) is located approximately 35 km north of Mount Gambier. A location map is shown in Attachment 1.

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1.4 Size of the development The proposed works will occur within the existing rail reserve. The footprint or work area development footprint of the existing rail line and the proposed upgrade is (hectares) estimated to be approximately 187 ha. The development footprint is made up of the following elements:  The existing railway line which will be upgraded: approximately 12 m wide x 150 km long (180 ha)  Penola rail loading facility and mainline diversion (4.8 ha), including: o Penola rail siding utilising the existing track: approximately 10m wide x 1.8 km long (1.8 ha) o Penola concrete loading pad: 20m wide x 500 m long (1 ha) o Penola main line diversion: 10m wide x 2 km long (2 ha)  Naracoorte crossing loop: 12m wide x 1.95 km long (2.4 ha) Diagrams detailing the location and dimensions of these proposed works are shown in Attachment 2. 1.5 Street address of the site No street address. The South East railway line between Wolseley and Kalangadoo, South Australia. 1.6 Lot description The allotments of the proposed railway line upgrade from Wolseley to Kalangadoo are listed as Crown Land and are in ownership of the Minister for Transport, South Australia. A summary of the Land Title’s for the proposed railway line upgrade (including the proposed pulp mill rail works) from Wolseley to Kalangadoo is shown in Attachment 3. 1.7 Local Government Area and Council contact (if known) The proposed upgraded railway line is located across three council shire/district areas:

 Wattle Range Council Frank Brennan Chief Executive Officer Wattle Range Council George Street Millicent SA 5280 Phone : (08) 8733 0900 Fax : (08) 8733 4999  Naracoorte Lucindale Council Andrew Evans Chief Executive Officer Naracoorte Lucindale Council. Degaris Place Naracoorte SA 5271 Phone: 08 87622133 : Fax: 08 87623139  Tatiara District Council

Rob Harkness Chief Executive Officer Tatiara District Council 43 Woolshed Street Bordertown SA 5268 Phone: 08 8752 1044 Fax: 08 8752 1442

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1.8 Timeframe

The South Australian Government and Genesse & Wyoming Australia (GWA) wish to commence the upgrade of the railway line and associated works in 2009/2010. The initial upgrade works will take approximately 18 months to complete. The upgrade will enable continued operation of the railway line into the future. 1.9 Alternatives No

 Yes, you must also complete Section 2.2 1.10 State assessment  No

Yes, you must also complete Section 2.4

1.11 Component of larger action  No

Yes, you must also complete Section 2.6 1.12 Related actions/proposals No

 Yes, provide details: The rail loading facility will be used to load pulp onto trains from the Penola Pulp Mill, which obtained EPBC Act approval on 3rd November, 2006. In addition, the Wattle Range Council is upgrading the road to the pulp mill which is the subject of a separate referral under the EPBC Act. 1.13 Australian Government  No funding Yes, provide details:

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2 Detailed description of proposed action

2.1 Description of proposed action It is proposed to upgrade the temporarily unused 150 km (approximately) railway line between Wolseley and Kalangadoo to service the local region and the likely freight movement associated with the Penola Pulp Mill. It is proposed that the railway line will be upgraded from broad to standard gauge to link with the mainline between Adelaide and Melbourne and will be re-sleepered. The current rail formation and infrastructure are in reasonably poor condition in sections, despite freight running on the active line up to 1995 and the Limestone Coast passenger railway up to 2003. Sleeper type and condition varies between hardwood and steel. Several level crossings have damaged the railway line as a result of the grading of the road crossing. Active crossings on the public roads generally have intact but outdated equipment that will need to be brought up to current rail safety requirements. The non-active public road crossings have cross bucks/triangles/stop signs which will need replacement. An access track along the length of the rail line was utilised whilst the line was in operation. The width of the track is likely to have varied with some sections cleared from boundary fence to boundary fence (Phillips, R. pers. comm. 2009). The upgrading of the railway line will consist of the following attributes:  Railway line upgrade (150km) – The existing temporarily unused South East Railway line (between Wolseley and Kalangadoo) will be upgraded. The full length of the track will require the replacement of sleepers with ballast top-up and tamping. The Clearance envelop (refer to Figure 2.1) will require the clearance of vegetation that has regrown since the track was last used (1995). In addition, DTEI’s Project EMP (refer to Attachment 4) details the anticipated works for each of the track sections along the railway line. Temporary stacking sites will be located on existing sidings and rail yards at Wolseley, Custon, Geegeela, Bangham, Frances , Binnum, Kybybolite, Hynam, Naracoorte, Naracoorte crossing loop, Struan, Glenroy, Coonawarra, Penola and Penola pulp mill. These will be located in existing cleared areas which avoid areas of native vegetation.  Penola rail loading facility and mainline diversion – o Penola rail loading facility – Approximately 1.8 km of the existing mainline, adjacent to the Penola pulp mill site, will be maintained as a rail siding, to allow freight to be loaded/unloaded at the pulp mill. A newly constructed 500 m long concrete loading pad is proposed to be built adjacent to the siding of the pulp mill, to serve as the interface for loading/unloading between the railway line and the pulp mill. A diagram detailing the location and dimensions of the rail siding and loading pad is shown in Attachment 2; o Penola main line diversion – A 2 km (approximately) section of new railway line will be constructed to the east of the pulp mill site, to act as a mainline diversion/bypass, to prevent disruption to the railway line whilst freight is being loaded/unloaded at the pulp mill. A diagram detailing the location and dimensions for the rail access track is shown in Attachment 2.  Naracoorte crossing loop – A 1.95 km section of new railway line adjacent to the existing railway line will be constructed to enable trains to pass each other. The existing crossing loops are currently too short to enable long trains to store off the main track while another train passes. A diagram detailing the location and dimensions for the crossing loop is shown in Attachment 2. Where possible the above activities will be carried out at the same time to improve the efficiency of the project. Table 2.1 outlines the various activities that are associated with the rail upgrade.

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Table 2.1 Rail upgrade activities

Activity Description of Activity Railway line upgrade Penola loading facility & diversion crossing Naracoorte loop Site The setting up of a work compound and designated vehicle parking areas. Establishment Sensitive areas to be delineated for protection.    Likely equipment to be used: Small truck to transport materials for compound, a grader and a loader. Rail upgrade Involves: works  replacement of sleepers and topping up ballast;  replacing track and tamping;   stacking sites for new and used sleepers. Likely equipment to be used: Trucks to import sleepers and ballast; machinery to place sleepers, ballast and tracks. Provision of a Involves: maintenance  clearing and grubbing restricted to the Activity Zone access track, fire Likely equipment to be used: Chainsaws, mulching equipment and small    break & sight truck. distance Construction of Involves creating a new rail formation, including: mainline  placing of sleepers, track and ballast; diversion &  track tamping.   crossing loop Likely equipment to be used: Trucks to import sleepers, track and ballast; machinery to place sleepers, ballast and tracks. Upgrading level This will involve: crossings and  updating the infrastructure associated with the crossing occupational  clearing or pruning vegetation for sight lines to ensure the safe crossings approach and crossing of the railway line   minor realignment of some approach roads within current road reserves to bring them in line with new rail safety requirements. Likely equipment to be used: Construction equipment, earth movers, chainsaws, mulching equipment and small truck. Maintaining level This will involve: crossings and  maintaining the infrastructure associated with the crossing occupational  maintaining the sight lines to ensure the safe approach and crossing of  crossings the railway line Likely equipment to be used: Chainsaws, mulching equipment and small truck. Erosion and Installation of both temporary and permanent erosion and sediment control Sediment measures in accordance with an approved Soil Erosion and Drainage Control Management Plan.    Measures Likely equipment to be used: Low sediment control fences, sandbags, hay bales or similar. Most low flow temporary protection measures will be installed by manual labour. General General earthworks will involve the importation of material for the Earthworks Naracoorte crossing loop, the Penola concrete loading facility and the new section of mainline adjacent to the Penola pulp mill.   Likely equipment to be used: Excavator, trucks to import / export material, grader and compaction machinery. Rail Operation After the completion of the rail upgrade, maintenance activities will be undertaken by GWA. These will typically involve activities such as maintaining:  the railway line     the access track and fire break within the Activity Zone Likely equipment to be used: Maintenance activities will be undertaken with standard rail maintenance machinery, such as light trucks, rail inspection and maintenance vehicles, hand held tools and mower/slasher.

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Vegetation clearance summary All activities associated with the upgrade, maintenance and operation of the rail infrastructure will take place within the Activity Zone as defined in the Project EMP (DTEI, 2008) and outlined below:  Pruning or removal of vegetation within the Clearance Envelope (refer Figure 2.1) is required to: o provide adequate sight distance for the safe passage of rolling stock; o provide an access track to allow for longitudinal vehicular access to the railway line. The access track will use the existing access track where available and will be located to minimize vegetation clearance; o provide a firebreak between the railway line and the adjacent vegetation. Note - the final location of the access track is likely to be based on: o Location of the old track; o The side which requires the least amount of clearance of vegetation (trees as well as understorey vegetation) to provide an all weather vehicular track.  Additional clearance at level crossings and occupational crossings to provide adequate sight distance;  Clearance for the construction of the Penola rail loading facility and mainline diversion;  Clearance for the construction of the Naracoorte crossing loop (39 native tree removals); and  Stacking sites which will be located in cleared areas on existing sidings and rail yards.

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6 metres

A

refer note C B 5 metres top of rail

Max Max 5 metres Formation 3 metres Min 2 metres Note: Zone A – Rolling stock clearance envelope - for the safe passage of rolling stock. The vertical height within the rolling stock clearance envelope will depend on whether the railway line will cater for single stack or double stack containers, as follows:  Single stack containers - 6 metres  Double stack containers - 7.5 metres Zone B – Access track – 5 metres high, with variable width (between 3 - 5 metres) depending on vegetation type and quality Zone C – Fire break – 5 metres high, with variable width (between 2 - 3 metres) depending on vegetation type and quality

Figure 2.1: Clearance Envelope

2.2 Alternative locations, time frames or activities that form part of the referred action Alternatives considered The 2006 Penola Pulp Mill EPBC Act Referral assumed that transport of pulp to ports and domestic/international markets would be carried out by heavy vehicles, with an option to connect into the existing railway line if heavy vehicle transport became inefficient. The transportation of pulp by heavy vehicles was considered unviable due to:  Impact on local road networks  Fuel costs Penola rail loading facility and mainline diversion The Native Vegetation Council Clearance Application Assessment (Attachment 5) and Penola Pulp Mill Railway Upgrade – Vegetation Impact Summary (EBS, 2007) (Attachment 9a) details the alternatives considered and deemed the current site the most appropriate for the following reasons:  Development of the proposed site for the rail access track and rail platform will involve the least amount of vegetation to be removed;  The proposed location for the concrete loading pad is considered to be located across an area that includes the most degraded in the immediate vicinity. Moving the location further to the north east or the south west would result in impacting upon native vegetation of higher conservation value.

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Consequently the proposed location of the concrete loading pad and main line diversion minimise the need for vegetation clearance and disturbance to areas of local conservation significance. Naracoorte crossing loop A number of alternative locations were considered for the crossing loop and this location was chosen as the preferred option for the following reasons:  Rail corridor width enables the provision of the crossing loop  Minimum effect on flora and fauna when considered against the alternative locations to the north and the south of the current alignment. ‘Do nothing’ case The South East Railway line has been unused since 2003, with some sections remaining unused since 1995. In this period regrowth of both native and exotic vegetation has occurred on the railway track and within the maintenance corridor (vehicular access track and fire break). The railway track assets have also been subject to ‘fair wear and tear’ over this period and are in need of upgrading. The ‘do nothing’ case would result in the ongoing closure of the Wolseley to Kalangadoo railway line and the south-east region of South Australia would continue not have a rail freight service in their region, therefore increasing the freight truck usage of the roads in the region, which is expected to increase with the commencement of the Penola pulp mill and harvesting of the softwood and hardwood plantations in the region. With regards to the Penola rail loading facility and mainline diversion the ‘do-nothing’ case would not enable a loading facility and thus the railway line would not be able to be used for transportation of the pulp. The Naracoorte crossing loop will enable full length trains to pull off the main railway line, providing the only location for trains to cross along the 150km railway line. Without the crossing loops trains would not be able to cross on the track.

2.3 Context, planning framework and state/local government requirements South-eastern South Australia, together with part of the south-western Victoria, forms the region known as the Greater Green Triangle Region. The Greater Green Triangle Region contains Australia’s most significant softwood and hardwood plantation resource and supports the largest collection of forest product processing operations in the country. More recently, extensive Blue Gum hardwood (Eucalyptus globulus) plantations have been established. Since the 1990s, over 113,000 hectares of Blue Gum hardwood plantation has been established on cleared agricultural land (Limestone Coast Regional Development Board, 2004). Considerable hardwood plantation development in south-eastern South Australia has seen the establishment of a sustainable wood resource in recent years for the proposed Penola Pulp Mill project. Growth and the development of the Green Triangle Region is being guided by the Plantation 2020 Vision that aims to treble Australia’s plantation estate by 2020. In 2006 the Penola Pulp Mill was granted approval under the EPBC Act to construct and operate the Penola Pulp Mill. In 2007 the Penola Pulp Mill Authorisation Act, 2007 was enacted by the South Australia government. The Act authorises certain works for the purposes of development of a pulp mill at Penola; it also provides a mechanism for the authorisation of other works associated with the pulp mill, including the upgrade of the railway line. The Penola Pulp Mill Authorisation Act, 2007 excludes the requirements of other State legislation.

2.4 Environmental impact assessments under Commonwealth, state or territory legislation The proposed railway line upgrade will be administered and considered by the SA Government under the Penola Pulp Mill Authorisation Act, 2007. An environmental impact assessment will be carried out in accordance with DTEI procedures. DTEI is liaising with relevant adjoining landholders that may be affected by the proposed railway line upgrade.

2.5 Consultation with Indigenous stakeholders No Indigenous heritage sites have been previously identified in the present study area. The closest site on the Register of Aboriginal Sites and Objects (RASO) comprises a scarred tree, which is located approximately 500 m north of the railway line at Naracoorte (Wood, 2008). There will be no impact to this site as all the works are proposed within the rail corridor.

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No consultation has been carried out with Indigenous Stakeholders as the works primarily involve reinstating the existing railway line. In addition, it is unlikely that any sites of significance to archaeology will be preserved within the area, given the extent of disturbance to ground surfaces within the rail corridor (Wood, 2008).

2.6 A staged development or component of a larger project Not applicable.

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3 Description of environment & likely impacts

3.1 Matters of national environmental significance

3.1 (a) World Heritage Properties Description Naracoorte Caves National Park together with the Riversleigh portion of Lawn Hill National Park (North Queensland) were jointly added to the World Heritage list as the Australian Fossil Mammal Sites (Riversleigh/Naracoorte) in 1994. They were listed for their outstanding natural universal values and fulfilling the following two of four possible criteria for inclusion on the World Heritage List as natural heritage:  as outstanding examples representing major stages of the earth’s evolutionary history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physio-geographic features; or  as outstanding examples representing significant ongoing ecological and biological processes in the evolution and development of terrestrial, freshwater, coastal and marine ecosystems and communities of plants and animals. The Caves contain the fossil remains of tens of thousands of vertebrate animals making it one of the richest deposits of Pleistocene vertebrate fossils in the world. Represented are 96 species of amphibians, reptiles, birds, and mammals, but the site is most famous for the fossil remains of many giant fauna species found there, known collectively as Mega fauna. These include a giant Tasmanian Devil, many giant Kangaroos, the Marsupial Lion, a giant Echidna and a giant Python (DEH, 2001). The boundary of the Naracoorte Caves National Park is approximately 200 m from the existing railway line that is proposed to be upgraded. However, the actual caves are located 3.5 km from the railway line corridor. The locations of these sites are identified on the map in Attachment 1. The proposed railway line upgrade works will not sever nor disturb the Naracoorte Caves National Park.

Nature and extent of likely impact

For an impact on a World Heritage area to be considered significant (as described in Commonwealth DEH 2006), one of the following needs to occur:  One or more of the World Heritage values to be lost;  One or more of the World Heritage values to be degraded or damaged; or  One or more of the World Heritage values to be notably altered, modified, obscured or diminished. It is considered that there will not be an impact on the World Heritage values of the Australian Fossil Mammals Sites (Riversleigh / Naracoorte) from the Wolseley to Penola rail upgrade project. This is due to all works being at least 3.5km from the site and the nature of the works associated with the rail upgrade.

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3.1 (b) National Heritage Places

Description The Naracoorte Fossil Mammal Site was one of 15 World Heritage places included in the National Heritage List on 21 May 2007. Further details about the site are detailed above in Section 3.1 (a).

Nature and extent of likely impact

The actual caves are located approximately 3.5 km from the railway line reserve and the proposed railway line upgrade works will not impact the National Heritage values of the site.

3.1 (c) Wetlands of International Importance (declared Ramsar wetlands)

Description The proposed upgraded railway line is within the catchment of two Ramsar listed sites, namely:  Bool and Hacks Lagoon, which is situated approximately 4-5 km to the west of the railway line at its’ closest point. Bool and Hacks Lagoon is located approximately 17 km south-west of Naracoorte and 17 km north-west of Penola; as identified in Attachment 1; and  The Coorong, and Lakes Alexandrina and Albert wetland, which is situated to the north-west, approximately 160 km from the start of the railway line at Wolseley. Bool and Hacks Lagoon Bool Lagoon Game Reserve and Hacks Lagoon Conservation Park cover an area of 3,200 hectares and are one of the most important wetland areas remaining in the south-east of the state of South Australia. When these wetlands contain water, they provide a major drought refuge and breeding habitat for a variety of waterbird species and act as a buffer storage basin in the regional drainage system.

Seventy-nine waterbird species have been recorded using the Bool Lagoon and Hacks Lagoon areas, with 48 of these species recorded breeding within these areas (DEH 2006b). It is a particularly important habitat for waterfowl and common species but also provides critical habitat for species of national and state conservation significance and migratory species (DEH 2006b). The Bool Lagoon and Hacks Lagoon areas also contain very significant populations of several nationally threatened fauna species such as the Yarra Pygmy Perch (Nannoperca obscura), Dwarf Galaxias (Galaxiella pusilla), Southern Bell Frog (Litoria raniformis) and the Striped Legless Lizard (Delma impar).Several species of state conservation significance have also been recorded in the area including the Glossy Grass Skink (Pseudemoia rawlinsoni) and the Swamp Wallaby (Wallabia bicolor) (DEH 2006b).

The lagoons act as sumps for a 1,215 km² catchment. Mosquito Creek flows into Hacks Lagoon, and any overflow flows into Bool Lagoon. Mosquito Creek used to continue out of Hacks Lagoon to spread out on the plains near Naracoorte, but is now blocked and any excess water is directed through a drain from Bool Lagoon to the coast near Beachport. Mosquito Creek / Drain runs east to west underneath the existing railway bridge at Struan, where it is located approximately 3 km east of Bool and Hacks Lagoon.

The Coorong, Lakes Alexandrina and Albert Wetland The Coorong is a complex array of beach dunes, lagoons, estuaries, wetlands and swamps, which extends 150 km along the coast of the Southern Ocean. The area can be divided into three main parts; the Murray Mouth and estuary, north lagoon and south lagoon. The Murray Mouth and estuary are dominated by sea water due to low river flows and regular dredging to connect the channel to the sea. The north lagoon is an estuarine-saline water body with saline inflows from the Murray Mouth and south lagoon, and freshwater inflows from the Tauwitchere Barrage. The south lagoon is a saline to hypersaline water body and is connected to the north lagoon by a narrow channel at the northern end.

Lakes Alexandrina and Albert are large freshwater lakes that are fed principally from River Murray flows but also from the Eastern Mount Lofty Ranges via the Finniss River, Currency Creek, Angus and Bremer Rivers. The interconnected, freshwater lakes have been physically separated from the estuarine environments of the Coorong and Murray Mouth by a series of five barrages: Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere.

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Prior to European settlement the Lower Lakes may have experienced seawater intrusions during severe drought periods but this is believed to have been limited.

Nature and extent of likely impact

Bool and Hacks Lagoon Whilst Bool and Hacks Lagoon are situated approximately 5 km to the west of the railway line and Mosquito Creek runs east to west underneath the existing railway line bridge at Struan (approximately 3 km from the lagoon), the proposed action does not present any new threats to the ecological character of the Ramsar wetland. The proposed railway line upgrade works will be within the existing railway line reserve and the bridge at Struan over the creek is not to be replaced nor is the creek or Lagoon to be disturbed by the rail upgrade activities. The Commonwealth DEH (2006) detail a range of criteria for determining a significant impact on wetlands of international importance. These criteria include:  Areas of the wetland being destroyed or substantially modified;  A substantial and measurable change in the hydrological regime of the wetland;  The habitat or lifecycle of native species dependent on the wetland being seriously affected; or  An invasive species that is harmful to the ecological character of the wetland being established or spread in the wetland. Based on these criteria it is considered the proposed activities associated with Wolseley to Kalangadoo rail upgrade is unlikely to have a significant impact on the ecological character of the Bool and Hacks Lagoon.

The Coorong and Lakes Alexandrina and Albert wetland Based on the criteria detailed above, it is considered unlikely that the proposed Wolseley to Kalangadoo rail upgrade will have a significant impact on the ecological character of Coorong and Lakes Alexandrina and Albert Wetland. Given the substantial distance from the proposed railway line the proposed action will not have a direct or indirect impact on this Ramsar site or its related tributaries.

Wolseley to Penola Rail Upgrade - Referral of proposed action, April 2009 page 12 Environment Protection and Biodiversity Conservation Act 1999

3.1 (d) Listed threatened species

Description

The Protected Matters database search of Matters of National Environmental Significance (MNES) and a search of the Biological Databases of South Australia has identified the potential for eleven Commonwealth-listed threatened fauna species, fifteen Commonwealth-listed threatened flora species and one Commonwealth-listed ecological community in the study area, including:  Fauna: o Birds – 5 species (Confirmed records – 4 species) o Frogs – 1 species (Confirmed records – 1 species) o Mammals – 4 species (Confirmed records – 4 species) o Reptiles – 1 species (Confirmed records – 1 species)  Flora – 15 species (confirmed records – 10 species)  Ecological communities – 1 community (Confirmed records) Information on the Commonwealth-listed fauna, flora and ecological communities that may occur in the study area are provided in Tables 3.1, 3.2 and 3.3.

Wolseley to Penola Rail Upgrade - Referral of proposed action, April 2009 page 13 an Impact Likelihood of Rail Line Upgrade Present Potentially an Impact Likelihood of Diversion Penola Mainline Present Potentially an Impact Likelihood of Loop Likely Unlikely Likely Unlikely Likely Unlikely Naracoorte Crossing Present Potentially Km area * Distance Distance Within 14.5 Within from project 6 Within 10km Possible Unlikely Possible Unlikely Possible Unlikely 10km 6 Within 46 Within 10km Unlikely No Unlikely Likely Unlikely 10km Possible Within 46 101 Within 7km No Nil No Nil No Nil No Nil No Nil Nil No 7km Within 101 No. of records* records* 1999, that have been recorded, or considered to possibly occur, within the study area and the within the study area and occur, to possibly or considered recorded, been 1999, that have

EPBC Act EPBC project site * project site comm., 28 Aug) comm., comm., 28 Aug) comm., e project components on each species species each on e project components Yes – but now extinct in SA now extinct Yes – but 2 25km No Nil No Nil No Nil 2008, pers. comm.,2008, pers. 28 Aug). southeast (Johnson, 2008, pers. (Johnson, 2008, pers. southeast southeast (Johnson, 2008, pers. (Johnson, 2008, pers. southeast Recorded in close proximity to Yes, but mainly found in the far lower Yes, occasional records from the upper Yes, mainly south of Frances (Johnson, of proposed action, April 2009 2009 April proposed of action, page 14 EN EN Yes 403 EN Yes EN EN VU VU No N/A N/A No Nil no Nil Possible Unlikely Possible Nil no Nil No N/A VU N/A VU No Yes Unlikely VU Possible No Nil 2km 2 Yes No Nil 6km 2 SA) EPBC

diversity Conservation Act 1999 Conservation Act diversity Status (Extinct in

eastern) Species obesulus

maculatus Bandicoot graptogyne graptogyne Malleefowl Swift Parrot

Leipoa ocellata Southern Brown Plains-Wanderer Spot-tailed Quoll Red-tailed Black- Red-tailed

Cockatoo (south- Cockatoo Litoria raniformis Lathamus discolor discolor Lathamus Isoodon obesulus Rostratula australis Southern Bell Frog Dasyurus maculatus Threatened Fauna Pedionomus torquatus

Calyptorhynchus banksii Australian Painted Snipe Birds Frogs Mammals potential level of impact the thre Environment Protection and Bio Protection Environment , listed under the Table 3.1 Fauna species Referral Upgrade - Rail Penola to Wolseley an Impact Likelihood of Rail Line Upgrade Present Possible Unlikely Possible Unlikely Potentially an Impact an Impact Likelihood of Diversion Penola Mainline Present Unlikely No Possible Unlikely Unlikely Possible No Unlikely Potentially an Impact Likelihood of Loop No Nil No Nil No Nil No No Nil No Nil No Nil No Nil No No Nil No Nil No Nil No Nil No Nil No Nil No No Nil Naracoorte Crossing Present Potentially 3.5km Possible Unlikely Possible Unlikely Possible Unlikely area * Distance Distance from project 4 2km No Nil No Nil No Nil No Nil 2km No Nil 4 6 Within 9.5km 6 Within 167 Within 8.5km Possible Possible Unlikely 8.5km 167 Within N/A N/A No. of Many - various surveys records* records* 1999, which have been recorded, or considered to possibly occur, within the study area occur, to possibly or considered recorded, been 1999, which have

No N/A N/A No N/A Yes 1 Within 2km Within 1 Yes Yes Yes 28 Aug) project site * project site comm., 28 Aug) comm., EPBC Act Act EPBC ngered; EN = Endangered; VU = Vulnerable ngered; EN = Endangered; VU pers. comm., 28 Aug) No, known locations are outside study area (Johnson, 2008, pers. 2008, pers. study area (Johnson, No, only found north of the Dukes Recorded in close proximity to Hwy (Johnson, 2008,Hwy (Johnson, comm., pers. Yes, particularly south of Naracoorte Naracoorte of south particularly Yes, Yes, but now extinct (Johnson, 2008, now extinct but Yes, (Johnson, 2008, pers. comm., 28 Aug) 2008, pers. (Johnson, of proposed action, April 2009 2009 April proposed of action, page 15 EN EN EN VU VU Status Ex CE Yes – Naracoorte Bat Caves VU diversity Conservation Act 1999 Conservation Act diversity

bassanii Species

Delma impar Hairy-pod Wattle Acacia enterocarpa enterocarpa Acacia Arachnorchis tensa Threatened Flora Threatened

Conilurus albipes — albipes Conilurus Jumping-jack Wattle glandulicarpa Acacia

Arachnorchis colorata Arachnorchis formosa Elegant Spider-orchid Striped Legless Lizard Lizard Legless Striped Coloured Spider-orchid

Miniopterus schreibersii Rabbit-rat White-footed Southern Bent-wing Bat Bat Bent-wing Southern

Reptiles Greencomb Spider-orchid listed under the species Table 3.2 Flora Environment Protection and Bio Protection Environment of South Australia Databases the Biological obtained from *Information = Critically enda = Extinct; CE = Ex Status Referral Upgrade - Rail Penola to Wolseley an Impact Likelihood of Present Possible Unlikely Possible Unlikely Possible Unlikely Potentially Impact Impact Likelihood of an Present Penola Mainline Diversion Rail Line Upgrade Potentially an Impact Likelihood of Loop No Nil No Nil Unlikely No Unlikely No Nil No Nil No Nil No Nil No No Nil No Nil No Nil No Nil No Unlikely No Nil No Nil No Nil Unlikely No Unlikely No Nil No Nil No Nil Unlikely No Unlikely No No Nil Unlikely No Nil No Nil No Nil No Nil No No Nil No Nil No Nil Yes Unlikely No Nil No Unlikely Nil Yes Naracoorte Crossing Present Potentially Within Approx Approx 10.1km 12.5km corridor 1 6.5km 1 <500m 8 No. of records* No. Various; 8 sites are mapped as being within 500 metres the rail of 500 metres within being *

sites No N/A N/A No N/A close No N/A N/A No N/A Yes Yes Yes Yes 2.1km 1 Yes Yes 1 4km 1 Yes Yes 1 Yes Yes 1 1.1km 5.85km 1 Yes 6 Yes project site Recorded in proximity to proximity Yes: Scattered Scattered Yes: ities that may occur in the study area pers. comm., 28 Aug) ngered; EN = Endangered; VU = Vulnerable ngered; EN = Endangered; VU occurs in SA. (Johnson, 2008, occurs Yes. However, doubtful that it EN Status ical Databases of South Australia ical Databases of South of proposed action, April 2009 2009 April proposed of action, page 16 EN EN VU VU VU VU VU VU VU VU

diversity Conservation Act 1999 Conservation Act diversity

Bioregions

Communities Purple Clover Threatened Ecological Spiral Sun-orchid Leafy Greenhood Swamp Fireweed Trailing Hop-bush Southern Pipewort Glycine latrobeana Dense Leek-orchid Metallic Sun-orchid Pterostylis cucullata Senecio psilocarpus Depression and Murray-Darling

Caladenia versicolor Candy Spider-orchid

Thelymitra matthewsii Buloke Woodlands of the Riverina Dodonaea procumbens procumbens Dodonaea spicatum Prasophyllum Thelymitra epipactoides Eriocaulon australasicum

Pterostylis chlorogramma Information obtained from the Biolog

Environment Protection and Bio Protection Environment of South Australia Databases the Biological obtained from *Information = Critically enda = Extinct; CE = Ex Status ecological commun Table 3.3 Threatened * = Endangered Status = EN Referral Upgrade - Rail Penola to Wolseley Environment Protection and Biodiversity Conservation Act 1999

Nature and extent of likely impact Address any impacts on the members of any listened threatened species or any threatened ecological community, or their habitat The following comments are provided regarding the likelihood and potential impact of threatened species occurring within the study area:

FAUNA

A total of 11 fauna species, listed as nationally threatened under the EPBC Act 1999, are either known to occur or possibly have habitat occurring within the project area (Protected Matters Database) (Refer to Table 3.1 for full list). The following section discusses each of the 11 species individually.

South-eastern Red-tailed Black-Cockatoo (Calyptorhynchus banksii graptogyne)

Background Information

The south-eastern subspecies of the Red-Tailed Black-Cockatoo is listed as endangered under the EPBC Act 1999. This subspecies is restricted to an area of approximately 18,000 km2 within south eastern South Australia and western Victoria. It ranges between Keith to Lucindale to Mt Gambier in South Australia and a small region of Wimmera region of western Victoria (DEWR 2007). It is a widespread species but it is considered to be rare within its range with a population estimate of between 500 and 1,000 individuals (DEWR 2007). It is inferred that the population is in decline as a higher proportion of males have been recorded in recent years indicating that reproductive success is declining (generally females and immature birds are difficult to distinguish between therefore, the proportion of males in the population is used as an indicator for reproductive success) (Red-tailed Black-Cockatoo Recovery Team website accessed 2/1/2009 http://redtail.com.au).

The South-eastern Red-tailed Black-Cockatoo relies primarily on the seeds of the Desert Stringybark (Eucalyptus arenacea) and Brown Stringybark (E. baxteri) and seasonally on the seeds of Buloke (Allocasuarina leuhmannii)(DEWR 2007). Birds will feed in blocks of woodland vegetation as well as scattered paddock trees (DEWR 2007). This species nests in very old, large hollow Eucalypts and show a preference for dead trees but will also nest in live trees (DEWR 2007). Nests have most often been recorded in Red Gums (Eucalyptus camaldulensis) (Joseph et al 1991) but they will also nest in other large Eucalypt species (including E. baxteri, E. arenacea, E. viminalis, E. leucoxylon and E. fasciculosa). ). Hollows are generally larger than 15cm in diameter (Carpenter, G. pers comm.) and are more likely to be found in vertical or near vertical ‘spouts’ rather than hollows in trunks (Commonwealth of Australia 2006). Over 95% of nest trees are within 2km, and all within 5km, of blocks of stringybark woodland which are greater than 5ha in size. The South-eastern Red-tailed Black-Cockatoo generally roost within clumps of tall Eucalypts with copses of Red Gums (E. camaldulensis) preferred (DEWR 2007). They will sometimes roost in the same clump of trees each night for several months.

A number of key threatening processes have contributed to the decline of the South-eastern Red-tailed Black Cockatoo and are still considered to be significant threats to the survival of the species. These include loss of critical feeding habitat (estimated that approximately 62% of the suitable habitat in its range has been cleared) (WWF 2007), natural senescence and continuing clearance of scattered paddock trees (loss of nest and feed trees), fire (wildfire and fuel reduction burns can both impact on fruiting of stringybarks) and firewood collection (DEWR 2007). Other threats to the viability of the population stem from the low breeding population and loss of genetic diversity as well as the invasion of hollows by bees, possums and possibly Starlings. The collection of eggs and chicks for the illegal bird trade is also a concern.

The habitat critical to survival of the South-eastern Red-tailed Black-Cockatoo is defined as all potential habitat within its 'current normal range' which includes stringybark (E. arenacea and E. baxteri) woodlands and forests and woodlands of Red Gum (E. camaldulensis), SA Blue Gum (E. leucocxylon) and Buloke (A. luehmannii). Scattered paddock trees may also form critical habitat for the species if they are the right species for feeding, contain hollows for nesting and are within 5km of stringybark woodlands (also a nest tree requirement).

Wolseley to Penola Rail Upgrade - Referral of proposed action, April 2009 page 17 Environment Protection and Biodiversity Conservation Act 1999

Potential Impacts of the Project

Railway Line Upgrade (Wolseley to Kalangadoo)

Whilst there were 403 confirmed sightings of the South-eastern Red-tailed Black-Cockatoo within 14.5km of the rail corridor, it is anticipated that the clearance of regrowth less than 14 years old will not impact on any potential Red-tailed Black Cockatoo populations. The regrowth would not currently offer nesting, roosting or feeding resources to the species as the regrowth is too young. Therefore, the removal of regrowth within the rail corridor will not significantly affect habitat that is critical to the survival of the species, even if it occurs within areas of preferred habitat.

Penola Rail Loading Facility and Mainline Diversion

The mainline diversion will involve the clearance of 77 Red Gums (E. camaldulensis) that range in height from 2.5 m to 24 m. Two of these trees contain a hollow. On 14 May 2008 approval was granted by the Native Vegetation Council (Attachment 7) for the clearance of native vegetation associated with the rail loading facility and mainline diversion subject to a number of conditions, including permanently setting aside and revegetating a minimum of 59.56 hectares. It is also a condition of approval that all hollows from the two trees containing hollows be relocated to other trees on the property.

The project site does not require the removal of any stringybarks (E. arenacea or E. baxteri) and therefore will not impact on any potential food resources of the South-eastern Red-tailed Back-Cockatoo. However, the site is located within approximately 4km of suitable stringybark feeding habitat (Penola State Forest) and therefore is located within an area that may be utilised for nesting and roosting purposes. Two of the trees requiring removal contain hollows, trees numbered 3 and 9 (as numbered in the attached vegetation clearance application – Attachment 5). Both are both Red Gums (E. camaldulensis), the preferred nest tree species, and have butt diameters of 1.48m and 1.10m respectively. The location and the nature of each of the hollows (they are not located within a vertical or near vertical spout but rather within the main trunk) indicate that the hollows present in Trees 3 and 9 (refer to Attachment 5 for photographs of the hollows to be removed) are not currently suitable for the South-eastern Red-tail Black-cockatoo. It is likely that the project area is utilised for roosting purposes by this species, however, as this is not considered to be a key threat to the survival of the species, it is considered that the removal of 77 trees will not have a significant impact on the roosting habitat and therefore the species.

Naracoorte Crossing Loop

A number of records occur within close proximity to the Naracoorte Crossing Loop area, however no suitable roosting, feeding or nesting habitat was recorded within the site and therefore it is unlikely this component of the project will have an impact on the species.

Summary

It is considered that the proposed upgrade of the Wolseley to Kalangadoo rail line will not have a significant impact on the South-eastern Red-tailed Black-Cockatoo. None of the significant impact criteria for endangered species are considered likely to occur as a result of the proposed action. For an action to have a significant impact on an endangered species, one of the following criteria must have a real chance or possibility of occurring:  Lead to a long-term decrease in the size of a population;  Reduce the area of occupancy of the species;  Fragment an existing population in two or more populations;  Adversely affect habitat critical to the survival of a species;  Disrupt the breeding cycle of a 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 an endangered species becoming established in the endangered species’ habitat;  Introduce disease that may cause the species to decline; or  Interfere with the recovery of the species.

The proposed works will remove regrowth vegetation to facilitate the upgrade of the Wolseley to Kalangadoo rail line as well as native vegetation within the rail corridor and adjoining paddock to accommodate the rail loading facility and mainline diversion at Penola and the crossing loop at Naracoorte. Only potential roosting habitat is

Wolseley to Penola Rail Upgrade - Referral of proposed action, April 2009 page 18 Environment Protection and Biodiversity Conservation Act 1999

likely to be impacted upon at the Penola site with no feeding or nesting resources impacted upon by the project. Therefore, it is considered that there will not be a significant impact on the nationally endangered South-eastern Red-tail Black-cockatoo as a result of the proposed action.

Swift Parrot (Lathamus dicolor)

The nationally endangered Swift Parrot breeds in Tasmania during spring and summer, before migrating to south- eastern Australia for the autumn and winter months (Swift Parrot Recovery Team 2001). During autumn and winter the species is generally found from southern Victoria north along the east coast of Australia to south Queensland. Whilst on the mainland, the species generally feeds within dry forests and woodlands with the principal over wintering habitat found in the box-ironbark forests and woodlands inland of the Great Dividing Range in Victoria and New South Wales (Swift Parrot Recovery Team 2001). In South Australia, the species has been recorded occasionally in the Bordertown - Naracoorte region, however this area is not considered to provide significant over wintering habitat for Swift Parrots.

The Swift Parrot is known to be a rare visitor to the area with only six confirmed sightings of the species within 10km of the rail corridor. Potential foraging habitat may occur within the study area, however, it is not considered to be significant due to the very low number of observations of the species in the general area. Consequently, despite habitat for this species being located within the rail corridor, the area is not considered to contain habitat critical to the survival of the species. Therefore, the vegetation clearance associated with the upgrade of the rail line (Wolseley to Kalangadoo), the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop, will not significantly impact upon the Swift Parrot.

Mallefowl (Leipoa ocellata)

The Malleefowl is listed as nationally vulnerable under the EPBC Act 1999. The species occurs over a predicted area of approximately 900 000km² across the southern half of Australia. The population is spread across four states generally occupying shrublands and mallee communities (Benshemesh 2000). The breeding habitat is characterised by light soil and an abundance of leaf litter, which is used in the construction of nesting mounds. The major threats to Malleefowl are the clearance of preferred habitat, feral animals (such as foxes) and the fragmentation of populations.

Two confirmed sighting of Malleefowl has been recorded within 2km of the rail corridor in the Bangham Conservation Park adjacent the railway line. This record is a recent record from 2004. The clearance of regrowth vegetation for the upgrade of the rail line (Wolseley to Kalangadoo) will not remove habitat that is critical to the survival of the Mallefowl. The removal of vegetation associated with the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop will not impact on the species as neither site contains habitat suitable for the species. Therefore, the proposed action will not have a significant impact on the Mallefowl.

Australian Painted Snipe (Rostratula australis)

The nationally vulnerable Australian Painted Snipe is usually found in shallow inland wetlands, either freshwater or brackish, that are either permanently or temporarily filled (Garnett and Crowley 2000). Although they have occurred at many sites, no site can be identified in which they are resident or regular in occurrence. This may suggest the species is nomadic but the extent to which its cryptic behaviour may contribute to this belief is uncertain. It is a cryptic bird that is hard to see and often overlooked. Usually only single birds are seen, though larger groups of up to 30 have been recorded. It nests on the ground amongst tall reed-like vegetation near water, and feeds near the water’s edge and on mudflats, taking invertebrates, such as insects and worms, and seeds. The species has a scattered distribution throughout many parts of Australia. Their distribution within South Australia is limited according to available records and their occurrence is often unpredictable and hence they are recorded irregularly (Garnett and Crowley 2000). There are no confirmed sightings of Australian Painted Snipe within 10km of the rail corridor, however they are known to be occasionally recorded within the South East region of South Australia.

The species has suffered primarily from the drainage of wetlands and diversion of water for domestic and agricultural purposes (Garnett and Crowley 2000). Diversion of water means that many shallow wetlands never form. Major water resource developments in the northern Murray-Darling Basin from the 1960s-1990s coincided with a significant decline in number of observations. Nest predation by introduced mammals, and over-grazing of shallow swamps could also have played a role in the population decline.

Wolseley to Penola Rail Upgrade - Referral of proposed action, April 2009 page 19 Environment Protection and Biodiversity Conservation Act 1999

Several small ephemeral depressions occur within the rail corridor which may provide suitable habitat for this transient species when surface water is present. However, the small size of these ephemeral depressions and the transient nature of the species indicate the proposed upgrade of the rail line (Wolseley to Kalangadoo), the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop will not have a significant impact on the Australian Painted Snipe or habitat critical to the species survival.

Plains-Wanderer (Pedionomus torquatus)

The nationally vulnerable Plains Wanderer occurs in Victoria, New South Wales, Queensland and South Australia (Garnett and Cowley 2000). However, the majority of records occur within the Riverina district of Victoria and New South Wales and the south-western and central areas of Queensland (Garnett and Crowley 2000). In South Australia, sightings of the Plans-Wanderer have been recently recorded on the Willochra Plain north-east of Quorn, and in some adjacent areas of the southern Flinders Ranges, and north of the Barrier Highway (and west of Broken Hill) on Kalabity, Boolcoomatta and Mulyungarie Stations. The Plains-wanderer also irregularly occurs in the arid regions of northern South Australia during seasons of good rainfall.

The Plains-wanderer inhabits sparse, treeless, lowland native grasslands which can contain 50% bare ground with the widely spaced plants up to 10cm high (Garnett and Crowley 2000). It appears that habitat structure is more important than floristic composition.

Two records of Plains Wanderer occur within 6 km of the rail corridor, however, both records are from 1900. The habitat within the project area is not considered to be suitable for Plains Wanderers as the majority of the project areas contain woodland vegetation. The areas of grassland vegetation within the project area are either dense exotic grasslands or native tussock grasslands (Themeda triandra / Austrostipa Tussock Grassland within the rail corridor) which do not contain a suitable habitat structure for the species. The lack of suitable habitat and recent records (within the last 50 years), indicate that the proposed upgrade of the rail line (Wolseley to Kalangadoo), the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop will not have a significant impact on the Plains Wanderer or habitat critical to the species survival.

Southern Bell Frog (Litoria raniformis)

Background Information

The nationally vulnerable Southern Bell Frog occurs across south-eastern mainland Australia and Tasmania. Within South Australia the species is now only found along the River Murray (primarily in the Riverland) and within the South East region. The species is thought to be extinct in the Mt Lofty Ranges and Adelaide Plains where it historically occurred (Harley et al 2005). Within the South East region, isolated populations occur between Naracoorte and Penola, near Bordertown and Mundulla, Beachport, Glencoe and a site near Kingston (Harley et al 2005).

The species is found in a variety of natural and artificial permanent and ephemeral wetland habitats (Harley et al 2005). These include swamps, lakes, stream, irrigated areas, reservoirs, farm dams and irrigation channels. The species has a preference for permanent and semi-permanent waterbodies that are still to slow flowing and surrounded by dense aquatic vegetation (Pyke 2002; Robertson 2003 as cited in Harley et al 2005). Sites used for breeding generally contain submergent, floating and emergent vegetation as well as terrestrial vegetation surrounding the waterbody and fallen debris (Harley et al 2005). Harley et al (2005) suggest that maintaining habitat connectivity, to allow movement of the species between areas of higher quality habitat, is critical to the long-term survival of the species.

The key threats to the populations of the Southern Bell Frog in the South East region of South Australia include habitat loss (including wetland drainage), habitat degradation and fragmentation, alteration to natural hydrological regimes, tadpole predation by introduced fish species, infection by the Chytridiomycosis disease and the creation of artificial barriers to movement and dispersal (Harley et al 2005).

A total of 46 records are known from within a 10km radius of the Wolseley to Kalangadoo rail corridor.

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Potential Impacts of the Project

Railway Line Upgrade (Wolseley to Kalangadoo)

It is likely that the Southern Bell Frog utilises habitat within the Wolseley to Kalangadoo rail reserve, however, the rail line does not pass through any permanent or semi permanent wetlands (potential breeding habitat for the species). A variety of low-lying ephemerally inundated areas (generally inundated in winter / early spring) occur along the rail corridor and are likely to be used by the Southern Bell Frog, either as a movement corridor or as short-term refuges. The Southern Bell Frog is only likely to occur along the corridor within the Naracoorte and Penola areas as these are the locations where known populations occur.

It is considered that the clearance of regrowth vegetation alone will not have a significant impact on the Southern Bell Frog. The proposed works will not alter the drainage in the area or reduce the area of ephemerally inundated wetlands. The ongoing use of the access track could possibly cause deaths by frogs being run over, however, the access track will be rarely used and generally the ephemerally inundated areas are impassable when water is present as they are too boggy. Therefore, at the times the frogs are likely to be present, the rail reserve area is unlikely to be utilised.

Penola Rail Loading Facility and Mainline Diversion

The Penola Rail Loading Facility and Mainline Diversion area contains several lower lying areas which may seasonally contain water (Ecology Partners 2008 (attachment 6); EBS 2007). There is a possibility that the Southern Bell Frog would utilise these areas when water was present but it is likely to only be used as a movement corridor or as a short-term refuge. The area does not contain permanent or semi-permanent water and therefore is unlikely to be used as a breeding site by the Southern Bell Frog. As the area likely to be utilised by the species is small and a number of similar low lying areas are present within the surrounding area, it is considered that the proposed project will not have a significant impact on the Southern Bell Frog or habitat critical to its survival.

Naracoorte Crossing Loop

Southern Bell Frogs occur within the Lake Ormerod area (approximately 6km west of the project area) (Harley et al 2005) with the area providing suitable habitat for the species to breed. Although the project site is in close proximity to Lake Ormerod and several other small wetland areas, the Naracoorte Crossing Loop site contains little native vegetation (EBS 2008 – attachment 11). Several lower lying areas do occur within this project site but no evidence was found to suggest these areas contain water on a permanent or semi-permanent basis. If the low lying areas were occasionally inundated, it is possible that these areas would be used as movement corridors or as short-term refuges. Similar low lying areas occur within the adjacent farm areas which may also be utilised. Due to the poor quality habitat within the Naracoorte Crossing Loop site and the potential habitat near the site, it is considered that the proposed Naracoorte Crossing Loop will not have a significant impact on the Southern Bell Frog or habitat critical to its survival.

Summary

It is considered that the proposed upgrades of the Wolseley to Kalangadoo rail line (including the Penola loading facility and mainline diversion and the Naracoorte Crossing Loop) will not have a significant impact on the Southern Bell Frog. None of the significant impact criteria for vulnerable species are considered likely to occur as a result of the proposed action. For an action to have a significant impact on a vulnerable species, one of the following criteria must have a real chance or possibility of occurring:  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;  Fragment an existing population in two or more populations;  Adversely affect habitat critical to the survival of a species;  Disrupt the breeding cycle of a 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 an vulnerable species becoming established in the endangered species’ habitat;  Introduce disease that may cause the species to decline; or

Wolseley to Penola Rail Upgrade - Referral of proposed action, April 2009 page 21 Environment Protection and Biodiversity Conservation Act 1999

 Interfere with the recovery of the species.

The proposed works will remove regrowth vegetation to facilitate the upgrade of the Wolseley to Kalangadoo rail line as well as native vegetation within the rail corridor and adjoining paddock to accommodate the rail loading facility and mainline diversion at Penola and the crossing loop at Naracoorte. Low lying ephemerally inundated areas are likely to be the only habitat within the project area. These areas are generally not used for breeding but may act as movement corridors or short-term refuges. The nature of the work is unlikely to significantly impact on available habitat for the species as regrowth vegetation will be removed, no changes to the drainage are likely to occur and the areas ephemerally inundated with water will continue to be ephemerally inundated with water. Therefore, it is considered that there will not be a significant impact on the nationally vulnerable Southern Bell Frog as a result of the proposed action.

Tiger Quoll (Dasyurus maculatus maculatus)

The nationally endangered Tiger Quoll is found along the south-east of Australia and is dependent on forested areas. Two confirmed record of the species exists for the region, at Mt Gambier (outside of study area), which were recorded in 1922. These records are very old and it is now considered extinct within South Australia. Therefore the proposed action will not have a significant impact on the Tiger Quoll.

Southern Brown Bandicoot (Isoodon obesulus obesulus)

The nationally endangered Southern Brown Bandicoot is thought to cover an area of around 5000km² across south-eastern Australia. The Southern Brown Bandicoot lives in areas of dense vegetation, and within South Australia it is now restricted to the Mount Lofty Ranges, Kangaroo Island and the South East. One hundred and one records of the species occur in close proximity to the project site (within 10km) with the majority of population found in the far lower South East region (Johnson, R. pers. comm.). It is considered that no suitable habitat occurs for the species at either the Penola Rail Loading Facility and Mainline Diversion site or the Naracoorte Crossing Loop site. The vegetation at both of these sites is highly modified with little understorey vegetation.

Sections of the Railway Line Upgrade (Wolseley to Kalangadoo) project may contain suitable habitat for the Southern Brown Bandicoot. However, the vegetation condition in the areas between Naracoorte and Kalangadoo (area where they are most likely to occur, if present) is generally poor with the understorey highly disturbed. As this species prefers vegetation with a dense understorey, it is considered that if the species is present within the project area, it is either in a low density or occasionally utilising poor quality habitat. In addition, only regrowth will be removed as part of the rail upgrade between Wolseley to Kalangadoo which reduces any potential impacts on the species. It is therefore, considered that the proposed action will not result in any of the significant impact criteria for endangered species being met as a result of the proposed project.

Southern Bent-wing Bat (Miniopterus schreibersii bassanii)

The critically endangered Southern Bent-wing Bat is found in southeastern South Australia and western Victoria. In South Australia, the Southern Bent-wing Bat has been recorded from Melrose (Flinders Ranges), Mount Lofty and Port Adelaide, Brentwood (Yorke Peninsula) and the far southeast from Naracoorte to the Lower Glenelg River. In south-eastern South Australia, the population is centred upon the Naracoorte Caves, which is the major maternity cave for this species in the region. Approximately 20 other caves in this region have been identified as wintering caves across the South East region.

The quality of habitat for the species is generally determined by the suitability of foraging areas and the proximity to suitable roosting caves. Foraging areas include forested areas, volcanic plains, wetlands and coastal vegetation including beaches. The bats are known to rely on two caves for the majority of breeding activities with the Naracoorte Caves and the Starlight Cave (near Warrnambool in Victoria) being the key maternity caves for the species. The Naracoorte Caves are currently protected within Naracoorte Caves National Park.

The boundary of the Naracoorte Caves National Park is located 200m from the existing railway line. However, the actual caves are located approximately 3.5 km from the railway line reserve.

The proposed Railway Line Upgrade (Wolseley to Kalangadoo) will involve the clearance of vegetation regrowth approximately 3.5 km away from the Maternity Cave and will not impact upon the Southern Bent-wing Bat. The

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Penola Rail Loading Facility and Mainline Diversion site and the Naracoorte Crossing Loop site are further away from the Naracoorte Caves and therefore, it is also considered that the removal of vegetation from these sites will not significantly impact upon the Southern Bent-wing Bat.

White-footed Rabbit-rat (Conilurus albipes)

The White-footed Rabbit-rat lived in eucalypt forest and woodland in south-eastern mainland Australia. The species is now considered to be extinct and therefore the proposed action will not impact on the White-footed Rabbit-rat.

Striped Legless Lizard (Delma impar)

Background Information

The Striped Legless Lizard was once found throughout temperate lowland grasslands in the ACT, the south- western slopes and southern tablelands of NSW, central and southern Victoria, and the south-eastern corner of SA. The distribution of the species has declined, with many sites no longer supporting populations. This species was first discovered in South Australia in 1966 at Bool Lagoon and since that time has been found at four other sites to the north, west and south west of Naracoorte (Harley et al 2005).

The cryptic behaviour of the Striped Legless Lizard makes it difficult to survey for and a high survey effort in the South East region has yielded a low number of populations and a low number of individuals. Originally it is thought that the species was restricted to native tussock grassland areas, however recent surveys have confirmed that it will occupy grassland areas dominated by introduced tussock grass species such as Phalaris (Phalaris aquatica) (Harley et al 2005). It appears that the species is not reliant on any one particular floristic composition, however, tussock forming grasses are thought to be a key component of its preferred habitat. It has also been suggested that cracking clay soils may also be an important habitat component for this species (Johnson, R. pers. comm.). Two populations have been found within narrow road reserves (Harley et al 2005).

The main cause of the decline for this species has been attributed to the extensive clearance of suitable habitat with less than 1% of the preferred native grassland habitat remaining within the South East region (Croft et al 1999). Ongoing threats to the species include the destruction and degradation of native grasslands, intensive grazing for prolonged periods, pasture improvement, ploughing and cultivation and loss of refuge sites (Harley et al 2005).

Potential Impacts of the Project

Penola rail loading facility and mainline diversion

The Striped Legless Lizard has not been recorded as far south as Penola but it is considered to possibly occur within this area. The SA Department for Environment and Heritage is currently monitoring a number of sites (using the tile survey method) at sites south of Penola (Harley et al 2005). No additional records have been made of the species in this area at the time of preparing this referral. The understorey within the Penola rail loading facility and mainline diversion does contain similar habitat to several known populations of the species. However, generally the species has been found in areas with no or few trees or shrubs and the entire Penola project area contains a tree layer, although it is considered to be quite open in some areas. Possible pasture improvement (within the mainline diversion alignment) and cultivation also reduces the likelihood of this species occurring within the area surrounding the Penola project area. If present within the Penola site, it is likely that the species would be restricted to the areas of more degraded habitat where there is a limited tree or shrub layer.

Naracoorte crossing loop

Populations of the Striped Legless Lizard occur approximately 6km west of the Naracoorte Crossing Loop site adjacent to Lake Ormerod (Harley et al 2005). Several of the sites where populations occur are dominated by exotic tussock grasslands. The Naracoorte Crossing Loop project site contains patches of degraded native vegetation but it is dominated by an exotic grassland. On the western side of the rail line, a large portion of the area has been recently ploughed (furrow marks visible) and therefore considered unsuitable for the Striped Legless Lizard. The entire Naracoorte Crossing Loop has been grazed as evidenced by the presence of sheep footprints and fresh manure at the time of vegetation survey, however, no grazing was observed (EBS 2008). The exotic grassland areas, which have not been recently ploughed, are considered to offer potential habitat for the

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Striped Legless Lizard, although the species presence in the area has not been confirmed. Extensive active searching was undertaken within the Naracoorte Crossing Loop area with all possible surface refuges, which could be lifted (predominantly surface rock and fallen timber), checked for this species (EBS 2008 – Attachment 11). The presence of grazing appears to have influenced the structure of the exotic grassland with less large tussocks of grass present when visually compared to known sites of the species present. Whilst it is known tussock grasses (native or exotic) are a key habitat requirement for the species, it is unclear as to the importance of the density and size of the tussocks.

Currently, the proposed Naracoorte Crossing Loop is planned to be constructed on the western side of the rail line (Attachment 2d). The quality of the potential habitat for the Striped Legless Lizard is considered to be poor on the western side of the rail line as the majority of this area has been previously ploughed and very few tussock grasses are present. The crossing loop site is not within a known population of Striped Legless Lizards, however, the remainder of the crossing loop area occurs within potential habitat for the species. With the development of the Naracoorte Crossing Loop, grazing will be removed from the site, which is likely to improve the quality of the remainder of the area as potential Striped Legless Lizard habitat.

Railway line upgrade

Whilst a total of 167 records for this species occur within 10km of the rail corridor, all known populations occur in the Naracoorte area with no populations known to occur within the Wolseley to Kalangadoo rail reserve. The railway line upgrade predominantly consists of the clearance of regrowth tree and shrub species less than 10 years old and it is considered that this will not adversely affect potential habitat of this species as it generally occurs within grassland habitats. There are large areas of exotic grassland and several areas of native tussock grassland (dominated by Themeda triandra and Poa labillardieri) within the rail corridor within the Naracoorte area. These areas are considered potential habitat for the species. In addition to the Naracoorte area, potential habitat also occurs within exotic grasslands found along the rail corridor between Naracoorte and Hynam and Naracoorte and Kalangadoo. Areas to the north of Hynam contain woodland vegetation which is generally considered to be unsuitable habitat for this species.

Whilst the clearance of vegetation to re-establish and maintain appropriate clearance envelopes along the entire alignment will not impact on the Striped Legless Lizard, it is possible that the re-establishment of the access track adjacent to the rail line will impact on potential habitat for the species. The clearance of vegetation (including mowing) that may be required for sight distance at rail crossings may also impact on the species if tussock grasslands are impacted upon. The level of impact on the species is difficult to gauge as the presence of the species has not been confirmed.

Summary

The project areas between Hynam and Kalangadoo (including the Penola Rail Loading Facility and Mainline Diversion and Naracoorte Crossing Loop) contains potential habitat for the Striped Legless Lizard but no known populations occur within the rail corridor. Large sections of the project site, south of Hynam, are surrounded by exotic grasslands which are grazed. Therefore, there is a large amount of potential habitat (similar to that of known populations) for the Striped Legless Lizard outside of the rail corridor area, although the quality and extent of the potential habitat has not been determined.

None of the significant impact criteria for a vulnerable species are considered likely to occur as a result of the proposed action as their presence within the project area has not been confirmed. For an action to have a significant impact on a vulnerable species, one of the following criteria must have a real chance or possibility of occurring:  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;  Fragment an existing population in two or more populations;  Adversely affect habitat critical to the survival of a species;  Disrupt the breeding cycle of a 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 an vulnerable species becoming established in the endangered species’ habitat;  Introduce disease that may cause the species to decline; or  Interfere with the recovery of the species.

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FLORA

Fifteen flora species of national conservation significance were identified as potentially occurring within the project area. Ten of these species have been confirmed within close proximity (<10km) to the project site, including the Trailing Hop Bush (Dodonaea procumbens), Coloured Spider-orchid (Arachnorchis (formerly Caladenia) colourata), Elegant Spider Orchid (Arachnorchis (formerly Caladenia) formosa), Clover Glycine (Glycine latrobeana), Dense Leek-orchid (Prasophyllum spicatum), Pterostylis chlorogramma, Pterostylis cucullata, Swamp Fireweed (Senecio psilocarpus), Metallic Sun Orchid (Thelymitra epipactoides) and Spiral Sun-orchid (Thelymitra matthewsii). Refer to Table 3.1 for a full list of nationally threatened flora species considered likely to occur in the project area or have potential habitat within the project area. The following section discusses each species individually.

Jumping-jack Wattle (Acacia enterocarpa)

The Jumping Jack Wattle is distributed across southern South Australia into western Victoria. Disjunct populations occur on the Eyre Peninsula and Yorke Peninsula whilst the population in the South East of SA extends from Bordertown across to Nhill in western Victoria. In the South East of SA, the species has been recorded in Eucalyptus leucoxylon +/- E. fasciculosa Woodland and Eucalyptus camaldulensis var. camaldulensis Woodland associations, both of which occur along the rail corridor (KBR 2004). The species has however, been recorded in a variety of habitats including woodland and mallee vegetation.

Known populations in the Bordertown area occur well outside the project area (Dickson, C. pers. comm.) with no populations recorded within 10km of the project site. The Eucalyptus camaladulensis Woodland, within the project area, occurs between Frances and Naracoorte, starting approximately 40km south east of Bordertown. The Eucalyptus leucoxylon Low Open Forest occurs in several short segments within the project area between Custon and Frances just south of Wolseley (KBR 2004). Other vegetation communities recorded within the rail corridor possibly offer habitat for this species including the Eucalyptus arenacea +/- E. leucoxylon Woodland and E. macrocarpa +/- E. largiflorens +/- Allocasuarina luehmannii Woodland. The Jumping Jack Wattle has not been recorded within these communities previously, but as they have been recorded on a broad range of habitats, it is a possibility that it may occur within these areas.

It is considered unlikely that the species occurs within the Eucalyptus camaldulensis Woodland areas within the project site as they occur at least 40km from any known population of Jumping Jack Wattle and the vegetation is generally in poor to very poor condition (KBR 2004). It is considered that if the species was present within the rail corridor it would occur between Wolseley and Frances where suitable habitat in moderate to excellent condition occurs (KBR 2004). The Jumping Jack Wattle has been recorded previously in rail reserves and has been observed growing within previously disturbed areas.

The Penola Rail Loading Facility and Mainline Diversion and Naracoorte Crossing Loop project areas do not offer potential habitat for this species and the species was not recorded during detailed surveys of these areas. Therefore, these components of the project will not have an impact on the species.

The upgrade of the Wolseley to Kalangadoo Rail Line has not been surveyed in detail for flora species, although there are no historical records for the species within close proximity to the rail corridor or within the rail corridor. Based on the known distribution of the species, it is considered unlikely that the species would be present in the area. If present, it is most likely to occur within the Wolseley to Frances section of the project site due to the quality of vegetation present and the location of the known populations of this species. It is concluded that based on the existing information, the known distribution of the species and the nature of the project (clearance of regrowth), it is unlikely that the project will have a significant impact on the species.

Hairy-pod Wattle (Acacia glandulicarpa)

The Hairy-pod Wattle is restricted in its distribution to two discontinuous populations, one near Burra in the Mid North of South Australia and one near Bordertown (South East of SA) and Dimboola (western Victoria). In the South East, this wattle has been found as scattered individuals in roadside vegetation north east of Bordertown. Additional populations have been recorded in Victoria within 10 km of the SA border in Eucalyptus behriana (broad-leaved box) + E. dumosa (white mallee) mallee. It also occurs on heavier clay-loam soils of E. leucoxylon, E. microcarpa and/or Allocasuarina luehmannii Woodlands(Venn 1996).

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An area of E. microcarpa (Grey Box), +/- E. largiflorens (Black Box), +/- Allocasuarina luehmannii (Buloke) Woodland, in excellent condition, has been recorded along the rail corridor between Wolseley and Bangham (KBR 2004). Therefore, potential habitat for this species does occur within the project area, however, the species has not been recorded within 10km of the project site.

The Penola Rail Loading Facility and Mainline Diversion and Naracoorte Crossing Loop project areas do not offer potential habitat for this species and the species was not recorded during detailed surveys of these areas. Therefore, these components of the project will not have an impact on the species.

The upgrade of the Wolseley to Kalangadoo Rail Line has not been surveyed in detail for flora species, although there are no historical records for the species in the area. Based on the known distribution of the species it is considered unlikely that the species would be present in the area. If present within the rail corridor, the highest quality potential habitat available for the species is in the Wolseley to Bangham section of the project site. It is concluded that based on the existing information and the nature of the project (clearance of regrowth), it is considered unlikely that the project will have a significant impact on the species.

Coloured Spider-orchid (Arachnorchis colorata; previously Caladenia colorata)

There is little ecological information on this species and a recovery plan is currently being prepared under the EPBC Act 1999. Caladenia colorata is found in South Australia and Victoria populations in SA found in the Murray Mallee, Murray Plains, Eastern Mount Lofty Ranges and South East (Jones 1991). The majority of known populations of Coloured Spider-orchids occur within Callitris or Eucalyptus leucoxylon Woodlands, in sandy, more fertile soils, but also about rock outcrops and in mallee broombush associations (NOSSA 2007).

Populations have been recorded in the following vegetation associations within the Murray Mallee and Eastern Mount Lofty Ranges (Obst 2005):  Callitris preissii +/- Eucalyptus fasciculosa +/- E. porosa woodland  Eucalyptus leucoxylon ssp. leucoxylon +/- E. fasciculosa +/- Callitris preissii woodland

Within the project area Callitris has not been recorded as a dominant or sub-dominant species or any areas dominated by Mallee and Broombush (KBR 2004). However, the areas of Eucalyptus leucoxylon Woodland, particularly areas of high quality, offer potential habitat for the Coloured Spider-orchid. These areas occur along the rail corridor between Wolseley and Frances. The other vegetation association that may offer suitable habitat within the project area is the E. arenacea +/- E. leucoxylon Woodland as this association generally occurs in sandy areas and within the rail corridor it is in good to excellent condition (KBR 2004). This association also occurs between Wolseley and Frances along the rail corridor.

One record for the Coloured Spider-orchid occurs within close proximity to the rail corridor at the adjacent Bangham Conservation Park. This record is relatively recent (1996) however, the vegetation association it occurred within is unknown. The population size at this site is also currently unknown.

It is considered that the Penola Rail Loading Facility and Mainline Diversion and Naracoorte Crossing Loop project areas do not offer potential habitat for this species due to the vegetation communities present within the sites and the poor quality of the vegetation. Detailed surveys of these areas did not locate the species, however, all surveys were not undertaken in spring (the appropriate time of year to detect this species). It is considered that these components of the project will not have an impact on the species.

The upgrade of the Wolseley to Kalangadoo Rail Line has not been surveyed in detail for this species. The one record of the species in the area suggests that it is possible that Coloured Spider-orchid could occur within the rail corridor. If it is present, it is likely to occur within the Wolseley to Frances section of the rail corridor where the preferred vegetation communities occur and the condition of the vegetation is considered to be high. Although the project is confined to the clearance of regrowth vegetation, it is possible that the Coloured Spider-orchid occurs within the previously disturbed area. This species has been recorded previously at moderately disturbed sites, including some sites that have been regularly grazed (Obst, pers. comm.).

For an action to have a significant impact on an endangered species, one of the following criteria must have a real chance or possibility of occurring:  Lead to a long-term decrease in the size of a population;  Reduce the area of occupancy of the species;

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 Fragment an existing population in two or more populations;  Adversely affect habitat critical to the survival of a species;  Disrupt the breeding cycle of a 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 an endangered species becoming established in the endangered species’ habitat;  Introduce disease that may cause the species to decline; or  Interfere with the recovery of the species.

It is considered unlikely that any of the significant impact criteria for an endangered species will be met for this project unless a population was confirmed as occurring within the regrowth on the rail access track or clearance zone.

Elegant Spider-orchid (Arachnorchis formosa; previously Caladenia formosa)

The Elegant Spider-orchid occurs within the South East of South Australia and western Victoria. It is a highly restricted species with populations in Victoria being reported as locally abundant (1000’s of individuals) and size and extent of populations in South Australia being unknown (Todd 2000). In South Australia, the species has been recorded within the Lower South East Kingston, Naracoorte and Coonawarra whilst in the Upper South East, it has been recorded near Keith. It has been recorded occupying a diverse range of habitats such as River Red- gum flats, limestone hillocks and sandy heath-land (NOSSA 2007). There is very little ecological information on this species and NOSSA (2007) suggest that it is a poorly understood species.

A total of six records occur for this species within close proximity to the project area (<10km) with most records occurring either within Bangham Conservation Park or a nearby Heritage Agreement area. All records are considered to be recent (2004) and all records were collected in late September of that year. Whilst no records occur within the rail corridor, it is possible that the Elegant Spider-orchid occurs within the rail corridor, particularly areas within the Wolseley to Frances section of the rail line and classified as being in good to excellent condition (KBR 2004). It is unlikely that the species would persist under heavy grazing or within highly modified habitat. The Penola Rail Loading Facility and Mainline Diversion and Naracoorte Crossing Loop project areas do not offer potential habitat for this species due to the vegetation communities present within the sites and the poor quality of the vegetation. Detailed surveys of these areas did not locate the species, however, all surveys were not undertaken in spring (the appropriate time of year to detect this species). It is considered that these components of the project will not have an impact on the species.

The upgrade of the Wolseley to Kalangadoo Rail Line has not been surveyed in detail for this species, however, there are several known populations within close proximity to the rail corridor. These populations occur within the Bangham Conservation Park area and therefore it is considered that if it is present within the rail corridor, it would occur within the Wolseley to Frances section of the project site. This is also the location where the condition of the vegetation is higher.

It is considered unlikely that any of the significant impact criteria for a vulnerable species will be met for this project unless a population was confirmed as occurring within the regrowth areas.

For an action to have a significant impact on a vulnerable species, one of the following criteria must have a real chance or possibility of occurring:  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;  Fragment an existing population in two or more populations;  Adversely affect habitat critical to the survival of a species;  Disrupt the breeding cycle of a 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 an vulnerable species becoming established in the endangered species’ habitat;  Introduce disease that may cause the species to decline; or

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 Interfere with the recovery of the species.

Candy Spider-orchid (Arachnorchis versicolor; previously Caladenia versicolor)

The Candy Spider-orchid is very restricted range with records from western Victoria and the South East region of South Australia. The species is considered to be locally abundant at one site, near Lake Fyans west of Stawell, where several hundred plants occur. In South Australia is it known from three collections, including one site south east of Penola. The records in South Australia are old and the species has not been recorded in SA for some time and is presumed extinct in the state (NOSSA 2007).

The Candy Spider-orchid is known to occupy River Red Gum flats on sandy-loam soils overlying clay, with low sedges dominating the understorey. Sections of the project area do contain this vegetation association, primarily between Frances and Kalangadoo (KBR 2004). However, within the project area, the Red Gum Woodland areas contain a highly modified understorey layer as a result of past clearance, grazing activities and the introduction of exotic tussock grasses (such as Phalaris aquatica). The Penola Rail Loading Facility and Mainline Diversion area does contain a Eucalyptus camaldulensis Woodland with the understorey varying from poor to moderate condition. The Candy Spider-orchid was not recorded during the vegetation surveys at the site (EBS 2007; Ecology Partners 2008), however, surveys of the area were undertaken at the wrong time of year to detect the species. The Naracoorte Crossing Loop site does not contain suitable habitat for the species.

Due to the lack of recent records, the suggestion that the species is extinct in South Australia, and the lack of good quality habitat suitable for the species, it is considered unlikely that the Candy Spider-orchid will be impacted upon by the project.

Greencomb Spider-orchid (Arachnorchis tensa; previously Caladenia tensa)

The Greencomb Spider-orchid is considered to be widespread within and surrounding the Little Desert area in western Victoria. Populations are also known to occur within the South East region of South Australia where the species is considered to also be widespread but uncommon (Bates, B. SHSA, pers. comm.). This species generally prefers sandy soils with 300-400 mm annual rainfall. It has been recorded within Cypress-pine/Blue Gum Woodland, Heathy Woodland and Mallee on sands and sandy loams derived from aeolian sand deposits previously. The Greencomb Spider-orchid has not been previously recorded within close proximity to the project area.

It is considered that the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop areas do not contain suitable habitat as they occur on much heavier soils and the vegetation associations present are not the types where populations have been previously recorded.

The most suitable potential habitat within the rail corridor occurs within the Wolseley to Frances section of the Wolseley to Kalangadoo rail line. The condition of the vegetation within this area is considered to be high and areas containing sandy soils and preferred vegetation associations have been recorded within this section. The lack of records within close proximity to the project site, and the distance to the nearest known populations (15km +) suggest that it is unlikely the species is present within the project site and therefore, it is unlikely that the project will have a significant impact on the species.

Trailing Hop-bush (Dodonaea procumbens) The Trailing Hop-bush generally grows in natural temperate grassland or fringing eucalypt woodland in open bare patches where there is little competition from other species. It is has been previously recorded on sandy-clay soils, usually on or near vertically-tilted shale outcrops. There is very little information on this species and it is distribution, except that it occurs across a broad landscape from NSW, Victoria and SA with varying soil types and vegetation associations.

One record, from 1980, of the Trailing Hop-bush occurs within very close proximity to the project site (<500m) adjacent to the Penola township. There is some doubt over the validity and accuracy of this record (Johnson, R. pers. comm.) and no recent records occur of the species within close proximity to the project site. This species was not found during the flora surveys of the Penola Rail Loading Facility and Mainline Diversion or the Naracoorte Crossing Loop. Therefore, it is considered unlikely to occur within these areas. It is also considered unlikely that the Trailing Hop-bush occurs within the Wolseley to Kalangadoo rail line upgrade project area. This is

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due to the lack of recent records of the species and the highly degraded or degraded nature of the majority of the rail corridor between Naracoorte and Kalangadoo (most likely area for this species to occur based on the historical record). As the species is considered unlikely to occur within the project area, the project is considered unlikely to have a significant impact on the Trailing Hop-bush.

Southern Pipewort (Eriocaulon australasicum)

There are five known populations of the Southern Pipewort with approximately 2000 plants in total (Sutter 2008). Four of the five populations occur in Victoria with one population occurring just inside the South Australian border adjacent to the Little Desert National Park. Three populations occur within the Edenhope area in Victoria with over 1000 of the known plants occurring at these locations (Sutter 2008).

The Southern Pipewort is found within seasonally inundated depressions and swamp margins. It is currently under pressure from a variety of threats including habitat clearance, draining of wet areas and grazing pressures. It is considered that there is a lack of suitable habitat across the majority of the project site (including the Penola Rail Loading and Mainline Diversion and Naracoorte Crossing Loop areas). There are low lying depressions occurring along the alignment, however these are generally small in size, degraded and unlikely to contain the species.

It is considered that due to the lack of known records and with limited potential habitat within the project area, the proposed project will not have a significant impact on the species.

Purple Clover (Glycine latrobeana)

Purple Clover has a wide distribution across South Australia, Victoria and Tasmania. Within South Australia, the species has been recorded within the Southern and Northern Lofty regions as well as the South East region of the state. Within the South east region, the species is considered to be uncommon but widespread. Purple Clover generally grows within grassland, grassy woodland and heathy woodland vegetation communities.

The Penola Rail Loading Facility and Mainline Diversion and Naracoorte Crossing Loop are not considered to contain the preferred habitat of this species and the species was not identified at the time of the flora surveys of these areas. The flora surveys were not undertaken in spring which would be the most appropriate time of year to survey for this species as this is when it would be flowering.

Due to the widespread nature of the species and the occurrence of grassland, grassy woodland and heathy woodland vegetation associations occurring within the Wolseley to Kalangadoo rail line, it is considered possible that the species occurs within the rail corridor. The preferred vegetation associations for this species generally occur between Wolseley and Frances which is also where the higher quality vegetation occurs. Generally, this species occurs as small scattered populations. Therefore, it is likely that if present within the rail corridor area, the number of plants present would be low and plants would be scattered within the rail corridor.

It is considered that whilst this species may be present within the project area, it is unlikely that the project will have a significant impact on the species. It is considered unlikely that the proposed project will cause any of the significant impact criteria to occur for this species.

Dense Leek-orchid (Prasophyllum spicatum)

The Dense Leek-orchid is generally confined to the southern coastal areas of Victoria with only one known record of the species in South Australia. This record was from 1989 and occurs within close proximity (<10km) to the project site in the Coonawarra area. The Dense Leek-orchid will generally flower after fire or slashing and therefore may go a number of years without detection.

The Dense Leek-orchid generally occurs within heathy vegetation which is present within the project area, however the condition is generally poor south of Naracoorte where the species is more likely to occur (NOSSA 2007).

Based on the lack of records in South Australia and the poor quality of most of the vegetation in the rail corridor south of Naracoorte, it is considered unlikely that the species occurs within any of the project areas. Therefore, it is considered unlikely that the project will have a significant impact on the species.

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Pterostylis chlorogramma

Little information exists for Pterostylis chlorogramma, however, it appears to grow within moist well drained soils in open forest and woodland areas. The majority of records for the species occur in the south east of Victoria and central Victoria. The only known record in South Australia occurs from the Bangham Conservation Park where it was found in 1996. The size and extent of the population at this location is unknown.

The quality of the vegetation in the Bangham area is considered to be moderate to very high and there is a possibility that the species is present. However, the lack of records (recent and historic) suggest that it is unlikely that the species is present within the rail corridor.

Therefore, it is considered unlikely that the project will have a significant impact on the species.

Leafy Greenhood (Pterostylis cucullata)

The Leafy Greenhood is known to inhabit tall forests on fertile chocolaty loams in open forest, on slopes and ridges often with stringy barks and maiden hair fern (NOSSA 2007). The Leafy Greenhood occurs in approximately five locations in the Southern Lofty region of South Australia and possibly at one location in the South East region (Quamby 2006). The record form the South East region occurs within close proximity of the project site, near Wolseley. The record is from 1962 and no recent records of the species have been made across the entire South East region. It is therefore considered the species is either extinct in the region or occurs in small isolated populations.

Based on the lack of records (current or historical) within the South East region, it is considered unlikely that the species would be present within the project area and therefore the project will have not a significant impact on the species.

Swamp Fireweed (Senecio psilocarpus)

Swamp Fireweed occurs in western Victoria and the southeast region of South Australia (Barker et al., 2005), where it has a scattered distribution. The species occurs on high quality herb rich wetlands on plains with sites generally inundated with water during winter, but are almost always dry in summer. The tree canopy is usually absent, but they can be found in Eucalyptus camaldulensis (River Red Gum) woodlands, with an understorey of grasses, sedges and miscellaneous aquatic species.

Pre-European floristic mapping of the south east of South Australia shows that large areas from Kalangadoo to Frances were once covered in Eucalyptus camaldulensis (River Red Gum) woodlands. Remnants of these red gum plains still exist and are often seasonally inundated with water, over an understorey of grasses and sedges. The altered hydrology of the South East has resulted in the large scale loss of wetland habitats, once very common in the region. However, many small scattered swamps and wetlands still remain, all of which are suitable potential; habitat for the Swamp Fireweed.

A total of six records of the Swamp Fireweed occur within close proximity to the project area. Four of these records are from Honans Scrub which is approximately 18km south west of Kalangadoo whilst one record is from Telford Scrub approximately 15km south east of Kalangadoo. The last record is approximately 8km west of Mt Gambier and 30km south east of Kalangadoo. These records occur well outside the project area and due to the poor quality vegetation along much of the southern section of the Wolseley to Kalangadoo rail line, it is considered unlikely that this species would be present within the project area.

It is considered that the proposed upgrade of the Wolseley to Kalangadoo rail line (including the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop) will not have an impact on the Swamp Fireweed.

Metallic Sun-orchid (Thelymitra epipactoides)

The Metallic Sun-orchid generally occurs within heathy woodland vegetation in light sand over clay, terra rossa soils over limestone or in Callitris Woodland in coloured sands (NOSSA 2007). It has been recorded within the Eyre Peninsula, York Peninsula, Fleurieu Peninsula and the South East regions of South Australia and is thought to

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have been a common species at the time of European settlement. It’s preference for more fertile soils has resulted in a very high proportion of its preferred habitat being cleared for agriculture (NOSSA 2007).

The Metallic Sun-orchid is a post disturbance coloniser and regenerates in disturbed sites where the seed has been able to fall onto bare ground. It has been reported that when sections of the South East region were first being cleared of vegetation, areas of preferred habitat that were rolled one year would have a mass germination of Metallic Sun-orchids the following year (NOSSA 2007).

One record of this species, from 1985, occurs within the Bool Lagoon Game Reserve, approximately 5km to the east of the project area. Although there are few records within close proximity to the project site, it has been suggested that the species possibly occurs as scattered individuals or small populations within the rail corridor (Dickson, C. pers. comm.).

Based on the several flora surveys undertaken at the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop sites, it is considered unlikely that the Metallic Sun-orchid occurs within either site as the vegetation associations present do not contain a heathy understorey. Detailed surveys of these areas did not locate the species, however, all surveys were not undertaken in spring (the appropriate time of year to detect this species). It is considered that these components of the project will not have an impact on the species.

The upgrade of the Wolseley to Kalangadoo Rail Line has not been surveyed in detail for this species, however, there is one known record within close proximity to the rail corridor and it is considered possible that individuals or small populations occur within the rail corridor. Additionally, it is considered possible that the species occurs within the regrowth areas which will be cleared as it will grow in disturbed sites.

It is considered unlikely that any of the significant impact criteria for an endangered species will be met for this project unless a population was confirmed as occurring within the impact area of the project. For an action to have a significant impact on an endangered species, one of the following criteria must have a real chance or possibility of occurring:  Lead to a long-term decrease in the size of a population;  Reduce the area of occupancy of the species;  Fragment an existing population in two or more populations;  Adversely affect habitat critical to the survival of a species;  Disrupt the breeding cycle of a 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 an endangered species becoming established in the endangered species’ habitat;  Introduce disease that may cause the species to decline; or  Interfere with the recovery of the species.

Spiral Sun-orchid Thelymitra matthewsii)

The Spiral Sun-orchid is known to occur at a number of sites across Victoria and several sites within South Australia. The species probably occurred in very small numbers right across the southern coastal districts of South Australia (NOSSA 2007). Records have been collected from the Fleurieu Peninsula, the west end of Kangaroo Island, and the South-east region, however, until recently was only ever seen in South Australia as single plants of groups of less than ten (NOSSA 2007). Recently (Spring 2008) a large population of Spiral Sun-orchids was discovered within a Forestry SA reserve where hundreds of plants were located by members of the Native Orchid Society of South Australia (NOSSA) (Forestry SA Media Release December 5 2008). The population was found at the Forestry SA reserve known as Nangwarry Forest Reserve, although the exact location is currently unknown. The Nangwarry Forest Reserve is located approximately 6km east of the project site, south of Penola. The population of Spiral Sun-orchids at this location is considered to be the largest in Australia.

The Spiral Sun-orchid generally favours open forests and woodlands in well-drained sand and clay loam soils. It is a post-disturbance coloniser that is usually found in open areas around old quarries and gravel pits, on road verges, disused tracks and animal trails (NOSSA 2007). Based on the previous records of the species, it is considered that, if present, it is more likely to occur within the Naracoorte to Kalangadoo section of the project site. The condition of the vegetation over large sections of the rail corridor is very poor with areas being dominated by introduced grasses and few native species present. These areas are considered unsuitable,

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however, areas of native vegetation within the Naracoorte to Kalangdoo section are considered to be potential habitat for the species.

Based on the several flora surveys undertaken at the Penola Rail Loading Facility and Mainline Diversion and the Naracoorte Crossing Loop sites, it is considered unlikely that the Spiral Sun-orchid occurs within either site as the soil type does not appear to be right for the species. Detailed surveys of these areas did not locate the species, however, all surveys were not undertaken in spring (the appropriate time of year to detect this species). It is considered that these components of the project will not have an impact on the species.

The upgrade of the Wolseley to Kalangadoo rail line will involve the clearance of regrowth which does not rule the Spiral Sun-orchid from being impacted upon as it will grow in recently disturbed sites. It is considered unlikely that any of the significant impact criteria for a vulnerable species will be met for this project unless a population was confirmed as occurring within the impact area of the project.

For an action to have a significant impact on a vulnerable species, one of the following criteria must have a real chance or possibility of occurring:  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;  Fragment an existing population in two or more populations;  Adversely affect habitat critical to the survival of a species;  Disrupt the breeding cycle of a 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 an vulnerable species becoming established in the endangered species’ habitat;  Introduce disease that may cause the species to decline; or  Interfere with the recovery of the species.

ECOLOGICAL COMMUNITIES

Buloke (Allocasuarina luehmannii )Woodland

One threatened ecological community has been recorded within the Wolseley to Kalangadoo rail reserve. Buloke Woodlands are currently listed as nationally endangered. One location where the existing railway line passes through patches of this woodland is between Wolseley and Frances, as detailed in the PEMP (DTEI, 2008), and shown in Attachment 4. The woodland's component communities consist of a well developed ground stratum that is usually grassy, but also includes many shrubs and herbs. The community is an important source of food for the nationally endangered south-eastern Red-tailed Black-Cockatoo. These woodlands are nationally significant as they have been extensively cleared in the past and the remnants that survive face ongoing major threats from incremental clearance, grazing by rabbits and stock, invasion by exotic plants, weedicide application and fertiliser drift. The community is poorly represented in conservation reserves throughout its range.

The Penola Rail Loading Facility and Mainline Diversion site and the Naracoorte Crossing Loop site do not contain any Buloke Woodlands and therefore will not impact upon the community. The Railway Line (Wolseley to Kalangadoo) is already established and the project only involves the clearance of regrowth to allow upgrading of the existing line. The Buloke Woodlands occur predominantly in the Frances area. The clearance of regrowth on the rail line is not considered to reduce the extent of the ecological community, fragment the Buloke Woodland or cause a substantial reduction in the quality of the community. None of the significant impact criteria for an endangered ecological community are likely to be impacted upon by the project.

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3.1 (e) Listed migratory species Description The Protected Matters database search of Matters of National Environmental Significance (MNES) has identified the potential for eleven fauna species listed as migratory species under the Commonwealth EPBC Act. The database searches were supplemented by desktop literature reviews and targeted field surveys. A summary table of the Commonwealth-listed migratory species that may occur in the study area is provided in Tables 3.4. Of the eleven migratory species listed as potentially occurring within the study area, only the Red-tailed Black- Cockatoo and Malleefowl have been recorded within the study area. The potential impacts on these species are discussed in Section 3.1 d.

Nature and extent of likely impact

Table 3.4 Migratory species that may occur in the study area

Total no. Distance Type of presence Confirmed Threatened Fauna of from Status (from Protected Matters records of Species sightings railway Report) presence* * line* Migratory Terrestrial Species Birds Calyptorhynchus banksii graptogyne Breeding likely to occur within Within Migratory Yes 403 Red-tailed Black-Cockatoo area 14.5 Km (south-eastern)** Haliaeetus leucogaster Species or species habitat likely Migratory No N/A N/A White-bellied Sea-Eagle to occur within area Hirundapus caudacutus Species or species habitat may Migratory No N/A N/A White-throated Needletail occur within area Leipoa ocellata Species or species habitat likely Migratory Yes 1 2km Malleefowl** to occur within area Merops ornatus Species or species habitat may Migratory No N/A N/A Rainbow Bee-eater occur within area

Myiagra cyanoleuca Breeding likely to occur within Migratory No N/A N/A Satin Flycatcher area

Migratory Wetland Species Birds Ardea alba Species or species habitat may Migratory No N/A N/A Great Egret, White Egret occur within area Ardea ibis Species or species habitat may Migratory No N/A N/A Cattle Egret occur within area Gallinago hardwickii Species or species habitat may Latham's Snipe, Japanese Migratory No N/A N/A occur within area Snipe Rostratula benghalensis s. Species or species habitat may lat. Migratory No N/A N/A occur within area Painted Snipe Total no. Distance Type of presence Confirmed Threatened Fauna of from Status (from Protected Matters records of Species sightings railway Report) presence* * line* Migratory Marine Birds Apus pacificus Species or species habitat may Fork-tailed Swift Migratory No N/A N/A occur within area

Ardea alba Species or species habitat may Migratory No N/A N/A Great Egret, White Egret occur within area Ardea ibis Migratory Species or species habitat may No N/A N/A

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*Information obtained from the DEH Biological database

Large sections of the rail corridor have been significantly altered since European settlement with native vegetation replaced with exotic grasslands. There are areas, particularly between Wolseley and Frances that still contain high quality native vegetation that offers habitat to a wide range of flora and fauna species. Several of the species listed as migratory are also listed as being of national conservation significance and have been discussed in detail in the previous section. For the remaining species, the nature of the project (ie clearance of regrowth vegetation) is considered unlikely to have a significant impact on them as either they have not been recorded within close proximity to the project site, they generally occur across large areas or they utilize habitats not present or being impacted upon by the current project. The railway upgrade and associated activities will not have a significant impact on migratory species as the project will not:  substantially modify (including by fragmenting, altering fire regimes, altering nutrient cycles or altering hydrological cycles), destroy or isolate an area of important habitat for a migratory species;  result in an invasive species that is harmful to the migratory species becoming established in an area of important habitat for the migratory species; or  seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an ecologically significant proportion of the population of a migratory species.

3.1 (f) Commonwealth marine area

Description

Not applicable. Nature and extent of likely impact Not applicable.

3.1 (g) Commonwealth land

Description Not applicable. Nature and extent of likely impact

Not applicable.

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3.2 Nuclear actions, actions taken by the Commonwealth (or Commonwealth agency), actions taken in a Commonwealth marine area, or actions taken on Commonwealth land

3.2 (a) Is the proposed action a nuclear action?  No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment

3.2 (b) Is the proposed action to be taken by the  No Commonwealth or a Commonwealth agency? Yes (provide details below) If yes, nature & extent of likely impact on the whole environment

3.2 (c) Is the proposed action to be taken in a  No Commonwealth marine area? Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(f))

3.2 (d) Is the proposed action to be taken on  No Commonwealth land? Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(g))

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3.3 Other important features of the environment

3.3 (a) Soil and vegetation characteristics The existing railway line runs through the south-east region of South Australia. The landscape within this region is dominated by human activity; large areas of native woodlands, forests and heaths which have been replaced by sown pasture, vineyards and soft and hard wood plantations (eg pine, bluegum). Remnants of the original swamp vegetation are now found mainly in the north-west of the province. According to the Atlas of South Australia (SA Government, 2008) the railway line runs between two main environmental regions, namely Frances Plateau for the northern part of the railway line (between Wolseley and Naracoorte) and the Southern Wetlands and Dune Ranges for the southern part of the railway line (between Naracoorte and Kalangadoo). Frances Plateau Region Within the Frances Plateau Region there are two environmental associations, Bangham and Kybybolite. The region is made up of gently undulating plains and areas of easterly trending dunes, representing an older and slightly higher land surface than the pro-grading beach landscapes to the west:  Bangham (approximately 20 km south of Wolseley) is an undulating plain of tertiary sand with local ferruginous cappings overlain by easterly trending dunes and sheets of aeolian sand of variable thickness. Occasional sinkholes and small depressions, some of which are swampy, are caused by solution of the underlying limestone. Parkland with pasture understorey, and large blocks of low open forest are grazed at varying intensities by beef cattle, coarse wool sheep and merinos. One small area of low open forest is a conservation park (Bangham Conservation Park). Swamps and blocks of remnant forest and woodland are local features.  Kybybolite (approximately 56 km south of Wolseley) is of a similar landscape to the area slightly north, as described above, however, the dunes are more scattered and lower; the land use is the same as described above. Southern Wetland and Dune Ranges Within the Southern Wetland and Dune Ranges region there are 13 environmental associations, comprising of a series of north-north-westerly trending low ridges and intervening plains, the present landscape is a system of parallel coastal dunes stranded during successive phases of retreat of the sea, the dunes becoming progressively older inland. Little native vegetation remains. The key environmental associations within the study area include:  Naracoorte Range is the innermost dune ridge forms the eastern boundary of the region. Locally, the calcarenite dune ridges are overlain by younger sands. Well-drained deep and shallow sands are typical of the dune ridges. The plains contrast markedly with the dune ridges and are characterized by impermeable soils derived from marl, clay and silt.  Glenroy is also a uniform plain on clay and marl with some swamps. A pasture grassland, locally under open parkland, is used for intensive grazing of beef cattle and sheep.  Penola is a plain on marl with numerous small swamps. The area has parkland with pasture understory used for moderately intensive grazing of beef cattle and coarse wool sheep. River Red Gums, remnants of the original woodland, dominate foreground panoramic views.  Kalangadoo is a gently undulating calcarenite plain with small superimposed sand dunes and minor areas of swamp formed on impermeable clay and marl. With exceptions of one large and several smaller blocks of open forest this association is planted with pines.

3.3 (b) Water flows, including rivers, creeks and impoundments The climate is characterized by wet winters and relatively dry summers. Annual precipitation ranges from 500 mm in the north to 850 mm in the south of the region, and temperatures range from warm to hot in summer to moderate in winter. There are few surface streams within the south-eastern region but extensive surface flooding occurs in most winters. The underlying limestone absorbs water copiously, holding large underground resources. The water- supplies of the south-east are second only to the River Murray in their potential significance for the State. Many swamps and seasonally flooded plains are now drained by an extensive system of drains.

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In the area surrounding the northern part of the railway line (Wolseley-Hyman/Naracoorte) no integrated surface drainage network is developed; at the northern end (Bangham) some drainage disappears underground with most of it disappearing underground by the time it reaches Kybyolite. In the area surrounding the southern part of the railway line (Naracoorte- Kalangadoo) the soils on the plains are impermeable and the landscape lacks an organized natural drainage network, therefore seasonal flooding occurs and lakes and swamps are common features. Lunettes (crescent-shaped clay dunes) generally fringe the eastern shorelines of these lakes. Little native vegetation remains. Further south (at Glenroy) artificial drains have been constructed, as there is no natural integrated drainage. The only creek / drain of interest that traverses the existing railway line is Mosquito Creek / Drain, which flows into Hacks Lagoon, a wetland of international significance as outlined in Section 3.1 (c). The creek crosses the railway line 17 km south of Naracoorte and 17 km north of Penola. Mosquito Creek used to continue out of Hacks Lagoon to spread out on the plains near Naracoorte, but is now blocked and any excess water is directed through a drain from Bool Lagoon to the coast near Beachport. Mosquito Creek runs east to west underneath the existing railway bridge at Struan, located approximately 3 km from Bool and Hacks Lagoon.

3.3 (c) Outstanding natural features, including caves Much of the south-east region is underlain by limestone, producing extensive karst formations of caves and sinkholes. The limestone caves at Naracoorte are located approximately 3.5 km from the existing railway. The caves are within a national park that is South Australia's only World Heritage Site. The importance of the fossil record at Naracoorte Caves was officially recognised in 1994, when the site was inscribed on the World Heritage List. The park preserves 600 ha of remnant vegetation, with 26 caves contained within the 305 ha World Heritage Area.

3.3 (d) Gradient The South-East region, is characterised by low relief, below 90 m. The Atlas of South Australia (SA Government, 2008) describes the relief along the railway line as follows:  At Wolseley the relief is classed as low, between 31-90 m;  At Frances the relief is classed as very low, between 6-30 m;  Between Frances and Penola the relief is classed as negligible, less than 6 m, with it slightly increasing to low just north of Naracoorte; and  Between Penola and Kalangadoo the relief is classed as very low, between 6-30 m.

3.3 (e) Buildings or other infrastructure No buildings or other infrastructure outside of the rail reserve will be affected by the proposed works.

3.3 (f) Marine areas Not applicable.

3.3 (g) Kinds of fauna & flora Refer to Tables 3.1 and 3.4 for the Commonwealth-listed threatened fauna and migratory species.

3.3 (h) Current state of the environment in the area The rail upgrade and associated activities will occur entirely within the rail corridor. A number of trees, large shrub species and some weeds have established or regenerated along the railway line since the cessation of regular maintenance within the rail corridor. Much of the remnant vegetation within the rail corridor has been cleared or heavily grazed, with the exception of certain sections of the track, where largely intact vegetation occurs within wide, unfenced easement, up to 25-30 m wide on either side of the rail formation. Significant stands of native vegetation occur within the rail corridor. This vegetation is particularly important as the general landscape has been extensively cleared and the continued survival of individual species within the region is dependent on the protection of such remnants.

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Examples of the vegetation located along the railway corridor and at the proposed concrete pad and siding area are shown in photographs in Attachment 10.

3.3 (i) Other important or unique values of the environment In addition to the wetlands of international significance referred to in Section 4.1(c) there are a number of other wetlands in the region, including:  Big Heath - a conservation park and marshes, located approximately 20 km west of the railway line, 10 km west of Bool and Hacks Lagoon;  Penola Conservation Park is situated approximately 12 km west of the railway line, approximately 13 km west of Penola; and  Deadmans Swamp is situated approximately 9 km east of the railway line, approximately 20 km south-east of Naracoorte. The locations of these sites are identified on the map in Attachment 1. As all of the above wetlands are at least 10 km or more from the railway line and there are no watercourses that run into these from where the railway line is situated, there will be no impacts on these wetlands.

3.3 (j) Tenure of the action area (eg freehold, leasehold) The allotments of land of the proposed railway line upgrade are listed as Crown Land and are in ownership of the Minister for Transport, South Australia. The allotments of land for the rail access track and part of the concrete loading pad are freehold land, but will be acquired by DTEI. Refer to Attachment 3. 3.3 (k) Existing land/marine uses of area The project area is within a rail corridor, which has been temporarily unused. Adjacent land uses include a variety of activities, including:  Livestock grazing  Horticulture  Conserved areas

3.3 (l) Any proposed land/marine uses of area The existing land uses will not be changed by the upgrade of the existing railway line.

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4 Measures to avoid or reduce impacts

In order to avoid and lessen the potential impacts on matters protected under the EPBC Act, a number of environmental protection measures for the rail upgrade and operation of the rail line will be undertaken. DTEI Environmental Management System The Department for Transport, Energy and Infrastructure (DTEI) has an Environmental Management System for it’s construction and maintenance activities. DTEI has developed various environment-related policies and procedures, and a planning framework to ensure that all projects are undertaken responsibly and with environmental protection as a prominent focus Environmental requirements are included in the Rail Agreement including the requirement for EMPs. Rail Agreement The Rail Agreement specifies environmental management provisions to be undertaken by the lessee, the rail operator and their sub contractors. The Project EMP’s (Attachment 4), outline the known environmental issues and constraints within, or adjacent to, the rail corridor, and specifies requirements for protecting environmental values. It details actions and procedures to be carried out during the project in order to mitigate adverse environmental impacts. The PEMP’s require the rail operator (GWA) to establish, implement and maintain a Company Environmental Management Plan (CEMP) for the duration of the Lease. Further information about GWA CEMP and their work procedures are outlined in the following sub-section. The PEMP covers the following issues: Definition of an activity zone in which all activities associated with the upgrade, maintenance and operation of the rail infrastructure will take place. Measures to protect flora and fauna Requirements for the protection of other environmental issues, including: o Drainage and soil erosion o Noise and vibration control o Air quality and dust suppression o Waste management and recycling of materials o Site Contamination o Material Storage and handling o Waste management o Protection of sites of cultural and natural heritage o Emergency response GWA Company Environmental Management Plan The PEMP requires the lessee and rail operator, GWA to establish, implement and maintain a Company Environmental Management Plan (CEMP) for the duration of the project. The CEMP shall:  detail the process for ensuring that the Contractor's staff and subcontractors understand and meet all environmental requirements of the Project Deed and Lease,  detail the Contractor's approach to management of the Environmental Protection Issues referred to within the PEMP ,  identify areas containing key plant populations, rare fauna habitat and weed species (including EPBC Act listed species) and vegetation types, based on drive-by survey information.  describe each lessee activity and an evaluation of the potential threat to key plant populations, vegetation types and fauna habitat and describe measures to be implemented to avoid or minimise disturbance to these areas, including the management of non-target damage during weed control.

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 include a process to monitor railside significant sites and potential rare fauna habitat locations that are sensitive to disturbance and a process for the reporting of damage or disturbance.  detail a strategic annual weed control program to be implemented on a priority basis, with clear objectives, and appropriate management options and control techniques.  outline a process to review and update the actions in the Company Environmental Management Plan at regular intervals. GWA Environmental Procedures GWA has an Environmental Policy and an Environmental Management Plan and procedures to manage the environmental impacts of the company’s activities. The GWA Environmental Policies and Procedures are listed below:

Licences

EPA Licence 2933 EPA 2933

Policies

Environmental Policy RS-POL-007 Vegetation Policy EV-POL-002

Management Plans

Environmental Management Plan EV-PLN-001 Environmental Improvement Program EV-PLN-004

Procedures Register of Significant Sites (Database) EV-PRC-003 Procedure Vegetation Removal Procedure EV-PRC-004 Phytophthora Threat Management EV-PRC-005 Procedure Work Instructions

Vegetation Management EV-WIN-001 Clearing of Fire Breaks and Access EV-WIN-002 Roads Maintenance of Line of Sight EV-WIN-003 Track Maintenance Activities EV-WIN-004 Derailment Attendance EV-WIN-005 Maintenance of Drains and Culverts EV-WIN-006 Rail Significant Sites EV-WIN-007 Phytophthora Threat Management EV-WIN-008 Rehabilitation of Work Sites EV-WIN-009 Minimum Disturbance Weed EV-WIN-010 Management and Vegetation Control

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Revegetation of Sites EV-WIN-011 Collection of Seed and Propagation EV-WIN-012 Material Forms Environmental Incident Form EV-FRM-003

Offset area Penola Pulp Mill On 3 November 2006 approval under the EPBC Act was granted to Protavia for the construction and operation of the Penola Pulp Mill. The approval was subject to a number of conditions, including the long term protection and management of the River Red Gum woodland on the balance of the ‘Argyle’ Property. This area equates to a set aside of approximately 215 hectares and will be used as offset for native vegetation clearance for the Pulp Mill. Protavia has made this area available to offset the Pulp Mill and associated activities including the south-east railway line upgrade, the Naracoorte crossing loop, the Penola main line diversion and the upgrade of the access roads into the Pulp Mill.

Penola rail loading facility/mainline diversion and other activities On 14 May 2008 approval was granted by the Native Vegetation Council (Attachment 7) for the clearance of native vegetation associated with the rail loading facility and mainline diversion subject to a number of conditions, including permanently setting aside a minimum of 59.56 hectares for the growth of native vegetation. The NVC recognised that 215 hectares had already been set aside (as part of the Penola Pulp Mill EPBC Act approval where 9.64ha was required to be set-aside) and deducted the 59.56 hectares from the remaining balance available of 205.36 hectares.

Table 4.1 details the significant environmental benefit requirements under the Native Vegetation Act for the various projects. The offset for all these activities under the EPBC Act will be delivered through the 215 ha Argyle Property.

Table 4.1 Summary of SEB offsets under the Native Vegetation Act for the Pulp Mill and Associated projects

Activity Organisation SEB SEB location

Protavia Pulp Mill Protavia 9.64 ha Argyle Property

Penola Rail line diversion and Protavia 59.56 ha Argyle Property concrete loading pad

Millers Lane and Argyle Rd upgrade Wattle Range Council 55.9 ha Argyle Property

Riddoch Hwy upgrade Wattle Range Council 39.2 ha Argyle Property

Naracoorte Crossing loop DTEI 4.34 ha Payment to NV Fund

TOTAL SEB Area 167.07 ha

Surplus SEB Area Remaining 47.93

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5 Conclusion on the likelihood of significant impacts

5.1 Do you THINK your proposed action is a controlled action?

 No, complete section 5.2 Yes, complete section 5.3

5.2 Proposed action IS NOT a controlled action. Key reasons World and National Heritage Properties/Places The heritage values of the World and National Heritage properties will not be impacted by the proposed railway line upgrade, as detailed in Section 3.1(a) of this referral. Wetlands of International Significance (Ramsar) For reasons described in Section 3.1(c) of this referral, the proposed upgrading of the existing railway line will not have a significant impact on the ecological character (as defined in EPBC Act Policy Statement 1.1 Significant Impact Guidelines Matters of National Environmental Significance, 2006) of the Ramsar listed site, which is located approximately 5 km to the west of the railway line; namely Bool and Hacks Lagoon. Environmental management measures for the project are summarised in Section 6 of this referral and will be detailed in the Rail Agreement . Listed Threatened and Migratory Species and Ecological Communities As identified in Section 3.1 (d), 3.1 (e) & 3.1 (f) a number of threatened and migratory species, and an ecological community have been identified as potentially occurring or confirmed to occur within the study area. Based on the proposed actions outlined in the PEMP and the significant impact criteria outlined in the ‘EPBC Act Policy Statement 1.1 - Significant Impact Guidelines’ (DEH, 2006) the project will not have a significant impact on listed threatened species as the proposed actions will:  not lead to a long-term decrease in the size of any of the populations or ecological communities;  not reduce the area of occupancy of any of the species;  not fragment an existing population or ecological community into two or more populations;  not adversely effect habitat critical to the survival of any of the species or ecological community;  not modify or destroy abiotic factors necessary for an ecological community’s survival;  not cause a substantial change in the species composition of an occurrence of an ecological community;  not disrupt the breeding cycle of any of the populations or ecological communities;  not modify, destroy, remove, isolate or decrease the availability or quality of habitat to the extent that the species or ecological community is likely to decline;  not result in invasive species that are harmful to any of the threatened species or ecological community becoming established in the threatened species or ecological community habitat;  not introduce disease that may cause the species or ecological community to decline;  not cause regular mobilisation of fertilisers, herbicides or other chemicals or pollutants into an ecological community which kill or inhibit the growth of species in the ecological community; and  not interfere with the recovery of the species or ecological community. In addition, a set-aside area will also be provided to offset the clearance of the native vegetation associated with the mainline diversion at Penola and the Naracoorte crossing loop. The set-aside area will contain native vegetation and scattered trees over the entire area, providing habitat for a number of bird species including the Red-tailed Black Cockatoo. Other matters of National Environmental Significance No other matters of National Environmental Significance are likely to be affected by the proposed action and no significant impact on any of these matters is likely to result from the proposed action.

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In conclusion, it is considered unlikely that the proposed action will have a significant impact on a matter of national environmental significance.

5.3 Proposed action IS a controlled action

Matters likely to be impacted sections 12 and 15A (World Heritage) sections 15B and 15C (National Heritage places) sections 16 and 17B (Wetlands of international importance) sections 18 and 18A (Listed threatened species and communities) sections 20 and 20A (Listed migratory species) sections 21 and 22A (Protection of the environment from nuclear actions) sections 23 and 24A (Marine environment) sections 26 and 27A (Protection of the environment from actions involving Commonwealth land) section 28 (Protection of the environment from Commonwealth actions) Sections 27B and 27C (Commonwealth Heritage places outside the Australian Jurisdiction)

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6 Environmental history of the responsible party

Yes No 6.1 Does the party taking the action have a satisfactory record of responsible environmental management? 

Provide details

Yes – please refer to Section 6.3 for a summary of DTEI’s and GWA’s environmental planning framework. 6.2 Has the party taking the action ever been subject to any proceedings under a Commonwealth, State or Territory law for the protection of the environment or the  conservation and sustainable use of natural resources?

If yes, provide details

6.3 If the party taking the action is a corporation, will the action be taken in accordance with the corporation’s environmental policy and planning framework? 

If yes, provide details of environmental policy and planning framework The Department for Transport, Energy and Infrastructure DTEI has an Environmental Management System which covers its construction and maintenance activities and has developed various environment-related policies and procedures to ensure that all projects are undertaken responsibly and with environmental protection as a prominent focus. A Rail Agreement between the Minister for Transport and the Lessee is being developed which will outline the environmental requirements that apply to the upgrade and operation of the rail line. The Agreement will require the Lessee and rail operator to have an Environmental Management System a Company Environmental Management Plan and to comply with the relevant environmental legislation and conditions of approval. Genesee and Wyoming Australia (GWA) GWA’s Environmental Policy (Attachment 8) states that GWA ‘is committed to managing its business operations and activities in an environmentally responsible manner with an emphasis on achieving sustainable development and protection of the environment.’ GWA is licenced by the Environment Protection Authority to carry out activities under the Environment Protection Act 1993. Part of the EPA licence 2933 requires GWA to develop and implement an Environment Improvement Program. GWA has developed a range of environmental systems and procedures to ensure that their operations have minimal impact on the environment.

6.4 Has the person proposing to take the action previously referred an action under the  EPBC Act?

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Provide name of proposal and EPBC reference number (if known) The Department for Transport, Energy and Infrastructure has made the following referrals:  Mt Compass overtaking lane (Northbound) (EPBC Ref 2007/3457)  Rapid Bay Jetty (EPBC Ref 2007/3468)  Sturt Highway Duplication – Seppeltsfield Road to Greenock Road (EPBC Ref 2008/4502)  Coast to Coast Light Rail Extension, Adelaide SA (EPBC Ref 2009/4697 )

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7 Information sources and attachments (For the information provided above)

7.1 References Highlight documents that are available to the public, including web references if relevant. Australian Government, Department of Environment and Heritage, 2006, EPBC Act Policy Statement 1.1 Significant Impact Guidelines, Matters of National Environmental Significance. Benshemesh, J. (2000). National Recovery Plan for Malleefowl. Department of the Environment, Water, Heritage and the Arts. Commonwealth of Australia (2006). Background and Implementation Information for the South-eastern Red- tailed Black-Cockatoo Calyptorhynchus banksii graptogyne Recovery Plan. Department of the Environment and Water Resources, Canberra. Commonwealth of Australia (2007). National Recovery Plan for the South-eastern Red-tailed Black-Cockatoo Calyptorhynchus banksii graptogyne. Department of the Environment and Water Resources, Canberra. Department for Environment and Heritage, 2001, Naracoorte Caves National Park Management Plan, South East, South Australia Department for Environment and Heritage, 2006a, Wetland Inventory, Lower South East, South Australia Department for Environment and Heritage (2006b). Bool Lagoon Game Reserve and Hacks Lagoon Conservation Park Management and Ramsar Plan, Adelaide, South Australia. Department for Environment and Heritage and Department of Water, Land and Biodiversity Conservation, 2003, Wetlands Strategy for South Australia, Department for Environment and Heritage, South Australia. Department for Environment and Heritage and the South Australian Murray-Darling Basin Natural Resources Management Board, 2006. Recovery Plan for the Golden Bell Frog Litoria raniformis in the South Australian River Murray Corridor. Department for Environment, Water, Heritage and the Arts, 2007: The Action Plan for Australian Frogs, accessed 20 August, 2008, Available Department of the Environment, Water, Heritage and the Arts (2008). Litoria raniformis in Species Profile and Threats Database, Department of the Environment, Water, Heritage and the Arts, Canberra. Available from: http://www.environment.gov.au/sprat. Accessed 2008-08-20@14:06:33. Department of the Environment, Water, Heritage and the Arts (2008). Buloke Woodlands of the Riverina and Murray-Darling Depression Bioregions in Community and Species Profile and Threats Database, Department of the Environment, Water, Heritage and the Arts, Canberra. Available from: http://www.environment.gov.au/sprat. Accessed 2008-08-20@14:30:10. Department of the Environment, Water, Heritage and the Arts (2008). Leipoa ocellata in Species Profile and Threats Database, Department of the Environment, Water, Heritage and the Arts, Canberra. Available from: http://www.environment.gov.au/sprat. Accessed 2008-08-21@10:56:08. Department of the Environment, Water, Heritage and the Arts (2008), ‘Australian Painted Snipe’ Nationally Threatened Species and Ecological Communities Fact Sheet Available from: http://www.environment.gov.au/biodiversity/threatened/publications/pubs/painted-snipe.pdf . Accessed 2008- 08-21 Department of the Environment, Water, Heritage and the Arts (2008). Rostratula australis in Species Profile and Threats Database, Department of the Environment, Water, Heritage and the Arts, Canberra. Available from: http://www.environment.gov.au/sprat. Accessed 2008-08-21@11:37:14. Department of the Environment, Water, Heritage and the Arts (2008). Dasyurus maculatus maculatus in Species Profile and Threats Database, Department of the Environment, Water, Heritage and the Arts, Canberra. Available from: http://www.environment.gov.au/sprat. Accessed 2008-08-21@10:56:08. Department of the Environment, Water, Heritage and the Arts (2008). Isoodon obesulus obesulus in Species Profile and Threats Database, Department of the Environment, Water, Heritage and the Arts, Canberra. Available from: http://www.environment.gov.au/sprat. Accessed 2008-08-21@12:11:49.

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Department for Transport Energy and Infrastructure, Rail Agreement. Department for Transport Energy and Infrastructure, 2002, Drive-by Survey. Douglas Partners, 2006, Report on Geotechnical and Environmental Desk Study, Proposed Penola Pulp Mill, Argyle Road, Penola, South Australia. Frogs of Australia, 2007: Litoria Raniformis, accessed 20 August, 2008, Available http://frogs.org.au/frogs/species/Litoria/raniformis/

Garnett, S.T. & G.M. Crowley (2000). The Action Plan for Australian Birds 2000. [Online]. Canberra: Environment Australia and Birds Australia

Harley, D., Bachmann, M., Green, R. & Stratman, B. (2005) Regional Action Plans for the Recovery of Threatened Fauna in the South East of South Australia. South Australian Department for Environment and Heritage, Mount Gambier.

Jones, D.L. (1991). Australian Orchid Research – Volume 2. New Taxa of Australian Orchidaceae. Australian Orchid Foundation. Essendon, Australia. KBR (2004). South East Various Rail Lines – Drive-by Vegetation Survey. A report prepared for Transport SA. Limestone Coast Regional Development Board Inc., 2004. Limestone Coast Plantation Timber 2005 and Beyond. August 2004. Naracoorte Lucindale Council, South Australia, http://www.naracoortelucindale.sa.gov.au National Native Tribunal, http://www.nntt.gov.au NOSSA (2007) South Australian Native Orchids. Native Orchid Society of South Australia electronic version. Pyke, G. (2002). A review of the biology of the Southern Bell Frog Litoria raniformis (Anura: Hylidae. Australian Zoologist 32: 32-48. Native Vegetation Council, 2008, Native Vegetation Council Approval Letter Rural Solutions South Australia, 2008, Native Vegetation Clearance Application Assessment Penola Pulp Mill Authorisation Act, 2007, South Australia. South Australian Government, 2008, Atlas of South Australia http://www.atlas.sa.gov.au/go/home Sutter, G. 2008, National Recovery Plan for the Austral Pipewort Ericaulon australasicum. A report published by the Victorian Government, Department for Sustainability and Environment. Swift Parrot Recovery Team (2001). Swift Parrot Recovery Plan. Department of Primary Industries, Water and Environment, Hobart, Tas. Tatiara District Council, South Australia, http://www.tatiara.sa.gov.au Todd, J.A. (2000) National recovery plan for Twelve Threatened Spider-Orchid Caladenia R. Br. Taxa of Victoria and South Australia 2000 – 2004. Department of Natural Resources and Environment, Victoria Flora and Fauna Statewide Programs. Venn, D.R. (1996) Action Statement No. 73 Hairy Pod Wattle Acacia glandulicapra. Department of Natural Resources and Environment. Wattle Range Council, South Australia http://www.wattlerange.sa.gov.au Wood, V. 2008, Desk-top Cultural Heritage Assessment of the Proposed Wolseley to Kalangadoo Railway line Upgrade, South East, South Australia.

7.2 Reliability and date of information

(a) The source of the information.

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The information contained in this referral is based on the following reports:-  EPBC Search Tool undertaken in 2008;  Search of BDBSA records in 2009;  Drive-by Vegetation Survey (DTEI, 2002); and  Vegetation Survey report (DTEI, 2007). (b) How recent the information is. Ecological surveys for the project were completed in 2002, 2007 and 2008 whilst searches of the BDBSA were undertaken in January 2009. (c) How the reliability of the information was tested. All staff involved in the preparation of the ecological reports are professional and reliable ecologists, with extensive experience in such assessments. (d) Any uncertainties in the information. No specific reliability testing was conducted on the ecology survey assessments, however, the documentation and its contents have been prepared in tandem with relevant Federal and State government documentation. There is a high level of confidence through the various assessments that correct representation of the conditions of the potential impacts is contained within. It should be noted that a conservative approach, encompassing the precautionary principal, was adopted when assessing the likely impacts on matters of national environmental significance and species likely to occur along the rail corridor.

7.3 Attachments

 attached Title of attachment(s) Attachment 1 – Location You must attach figures, maps or aerial photographs  showing the project locality (section 1) Map Attachment 2 – figures, maps or aerial photographs  showing the location of the project in Diagrams detailing the respect to any matters of national location and dimensions environmental significance or important of the proposed works features of the environments (section 3) Attachment 7a– If relevant, attach copies of any state or local government  approvals and consent conditions (section Approval by the Native 2.3) Vegetation Council Penola siding and loading facility, May 2008 Attachment 7b– Approval by the Native Vegetation Council, Naracoorte Crossing Loop Decision notification NVC2009/3030/674 Document 09WLB02437

Attachment 5 – Native copies of any completed assessments to  meet state or local government approvals Vegetation clearance and outcomes of public consultations, if Application Assessment, available (section 2.4) 2008

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Attachment 6 – Penola copies of any flora and fauna investigations  and surveys (section 3) Pulp Mill Railway Upgrade – Vegetation Impact Summary (Ecology Partners 2008) Attachment 9 – Penola Pulp Mill upgrade Vegetation Impact Summary (EBS 2007) Attachment 11 – Vegetation Survey – Naracoorte crossing loop (EBS, 2008/075) Attachment 12 – BDBSA Records Attachment 13 – Maps of BDBSA records in relation to project site

Attachment 3 – A technical reports relevant to the  assessment of impacts on protected Summary of the Land matters and that support the arguments Title’s for the railway line and conclusions in the referral (section 3 upgrade from Wolseley to and 4) Kalangadoo Attachment 4 – Project Environmental Management Plans (DTEI, 2008) Attachment 8 – GWA Environmental Policy Attachment 10 – Photos of Existing Railway line Wolseley – Kalangadoo report(s) on any public consultations undertaken, including with Indigenous stakeholders (section 3)

EPBC Referral Attachments

Attachment Description knet 1. Location map 2940028 2a Penola rail loading facility aerial 2940760 2b Penola rail loading facility plan view 1 2940397 2c Penola rail loading facility plan view 2 2940407 2d Naracoorte crossing loop plan view 2939529 2e Naracoorte crossing loop aerial VS 2008/0075 2940710 (see also figs in Attach 11 Veg survey) 3a Summary of land titles 2922154 3b Summary of land titles 2922155 4a Project Environmental Management Plan construction 2787810 4b Project Environmental Management Plan operations 2789767 5 Native Vegetation Clearance Application Assessment prepared by Rural 2939545 Solutions 6 Penola Pulp Mill Vegetation and fauna survey Ecology Partners (2008) 2940931 7a Approval by NVC of Penola Pulp mill siding and main line diversion 2939546 7b Approval by NVC of Naracoorte Crossing Loop 3483706 8 GWA Environmental Policy 2736550

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9a Penola Pulp Mill Railway Upgrade Vegetation Impact Summary EBS (2007) 2943186 9b Figure 3 Impact option 1 2315712 9c Figure 4 Impact option 2 2315682 9d Figure 5 Impact option 3 2315730 9e Figure 6 Impact option 4 2315740 9f Figure 7 Impact option 5 2315755 9g Figure 8 Impact option 6 2315773 10 Photos of existing railway line Wolseley - Kalangadoo 2938332 11a Vegetation survey Naracoorte crossing loop (2008/075) 2917966 Survey Summary Report 11b Species list 2917971 11c Data sheet 2917969 11d Aerial of survey area 2932644 11e Photos 1-22 2925393 11f Photos 22-42 2925401 12 Biological Databases of SA search results 3718341 13a Map of BDBSA records-Flora northern section 3718603 13b Map of BDBSA records-Flora middle section 3718673 13c Map of BDBSA records-Flora southern section 3718700 13d Map of BDBSA records-Fauna northern section 3718727 13e Map of BDBSA records-Fauna middle section 3718740 13f Map of BDBSA records-Fauna southern section 3718756

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8 Contacts, signatures and declarations

Project title: Wolseley to Kalangadoo railway upgrade

8.1 Person proposing to take action This is the individual, body politic or body corporate that will be principally responsible for, or who will carry out, the proposed action. The Minister may also request additional information from this person, for the purposes of deciding whether the action is a controlled action, the controlling provisions that apply, and for the making of an approval decision (if applicable).

If approval for the action is required and is granted, it will be issued to the person proposing to take the action. This person will be responsible for complying with any conditions of approval.

If the Minister decides that the action is a controlled action, the Minister must also designate a person as a proponent of the action. The proponent is responsible for meeting the requirements of the EPBC Act during the assessment process. The proponent will generally be the person proposing to take the action*2. Name Robert Jenkins Title Project Director Organisation Department for Transport Energy and Infrastructure ACN / ABN (if applicable) Level 12, Roma Mitchell House, 136 North Terrace Adelaide Postal address PO Box 1, Walkerville, SA 5081 Telephone (08) 8463 6232 Email [email protected]

Declaration I declare that the information contained in this form is, to my knowledge, true and not misleading. I agree to be nominated as the proponent for this action.

Signature Date 20/07/2009

Name Robert Easthope

Title Managing Director

Organisation Genessee and Wyoming Australia Pty Ltd

ACN / ABN (if applicable) Kidman Road, Dry Creek SA Postal address PO Box 2086 Regency Park SA 5942 Ph: 08) 8343 5490 Telephone Fax: (08) 8343 7655

Email Email: [email protected]

Declaration I declare that the information contained in this form is, to my knowledge, true and not misleading. I agree to be nominated as the proponent for this action.

Signature Date 21/07/2009

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8.2 Person preparing the referral information (if different from 8.1)

Dr Travis How Name Director Title EBS Environmental and Biodiversity Services Organisation 2 / 48 Barwell Road, Kurralta Park, SA 5037 Postal address 08 7127 5607 Telephone [email protected] Email

Declaration I declare that the information contained in this form is, to my knowledge, true and not misleading.

27/07/2009 Signature Date

If the referring party is a small business (fewer than 20 employees), estimate the time, in Hours Minutes hours and minutes, to complete this form (include your time reading the instructions, working on the questions and obtaining the information and time spent by all employees in collecting and providing this information).

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