Rainforest Estate Lot 1 RP804194, Douglas Track Road

Further Information for Department of Environment and Water Resources

13 August 2007

Cairns Rainforest Resort – EPBC Further Information

Introduction...... 3 Background...... 3 Purpose of This Document...... 3 Summary Only – Further Information Available...... 3 The Proposal ...... 4 Location...... 4 Proposal...... 4 Density and Layout of Proposed Development ...... 7 Outcomes of the State Appeal Process ...... 7 General Environmental Characteristics of the Site ...... 8 Vegetation Characteristics ...... 8 Fauna of Conservation Concern ...... 10 Integrity of Habitat and Linkages ...... 10 Environmental Management Commitments and Conditions ...... 13 Matters of National Environmental Significance ...... 16 Potential for impact on the Wet Tropics World Heritage Area ...... 16 Potential for impact on the Southern Cassowary ...... 17 Potential Impact on Rainforest Frogs...... 18 Potential for Impact on Other Fauna of Conservation Concern ...... 20 Appendix 1 ...... 23 Environmental Experts’ Joint Report...... 23 Appendix 2 ...... 24 Environmental Expert’s Report...... 24 Appendix 3 ...... 25 Flora Report ...... 25 Appendix 4 ...... 26 Fauna Report ...... 26 Appendix 5 ...... 27 Weed Management Plan ...... 27 Appendix 6 ...... 28 Planning and Environment Court – Consent Orders...... 28 Appendix 7 ...... 29 Development Approval Conditions...... 29

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© EcoSustainAbility 2007 This document remains the property of EcoSustainAbility until all invoices relating to our consulting services for this project are fully paid. Copyright and ownership of the intellectual property contained in the report remains with EcoSustainAbility unless otherwise agreed. Unauthorised use, distribution, copying or dissemination of this document in any form whatsoever is prohibited. The content of this report should be read in the context of the scope of consulting services, the purpose of the document and the information supplied by the client. The report does not constitute legal or engineering advice.

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Cairns Rainforest Resort – EPBC Further Information

Introduction

Background

A referral was lodged in April 2006 for the proposed Cairns Rainforest Resort on Lot 1 RP804194. On the 24th of May 2006 to proposal was determined to be a controlled action. Since the referral there have been many additional environmental studies and further planning and design of the proposal. Whilst State and Local Government planning approvals were obtained there was an appeal to the Queensland Environment and Planning Court. This appeal has subsequently settled and as such relevant outcomes (including a joint experts report, the Council imposed conditions and court ordered conditions, known as Consent Orders were established as a result of settlement with the appellants).

Purpose of This Document

This document is provided to set out further information on: • The current proposed development; • General environmental characteristics of the site; • The environmental commitments and conditions; • Conclusions relating to matters of national environmental significance.

Summary Only – Further Information Available

This report is meant to provide a brief summary, the appendices provide the full detail if required for reference. As most of the appendices relate to many sections of the summary report they are not individually cited. Appendix 1: Environmental Experts’ Joint Report Appendix 2:Environmental Expert’s Report Appendix 3: Flora Report Appendix 4:Fauna Report Appendix 5: Weed Management Plan Appendix 6: Planning and Environment Court – Consent Orders Appendix 7: Development Approval

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Cairns Rainforest Resort – EPBC Further Information

The Proposal

Location

The subject property is part of the Rainforest Estate located in Cairns City, 8 kilometres west of the Cairns Airport and 15 kilometres north-west of Cairns CBD. The lot is 5.682 hectares in area, bounded on the east by Douglas Track Road, to the south by lot 32 RP804194 (which includes Stoney Creek), to the west by Barron Gorge National Park (within the Wet Tropics of Queensland World Heritage Area). The majority of the northern side of the property is bounded by lot 19 RP804194 but smaller residential lots 51, 50 and 49 (all RP899694) bound the north-eastern side of the lot. The site is located in the suburb of Kamerunga in the foothills of the McAllister Ranges. To the west the site adjoins Barron Falls National Park which is included in the Wet Tropics World Heritage Area. The site is not near any Ramsar Wetlands or essential habitat of any migratory birds.

Figure 1: Location of Site

Proposal Residential Allotments It is proposed to reconfigure the land to create eight (8) residential allotments, one allotment for tourist development and one allotment for parkland. Total ten (10) allotments plus road area.

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Cairns Rainforest Resort – EPBC Further Information

Development of the proposal plan has resulted from extensive field investigations which prompted a range of development options including multiple dwellings, more intense single residential planning and a comprehensive resort development. Site analysis has shown a less intense development the preferred option to achieve sustainability on the site particularly with regard to site slope constraints, the need to minimise vegetation clearing and reduce impact on integrity of ecology. The proposed residential allotments are based on the use of the higher moderate sloping land to provide opportunities to minimise the need for cut and fill operations in conjunction with dwelling house construction and maximise opportunity for cooling breezes. The proposed dwelling construction is post and beam, a feature of other dwellings in the Rainforest Estate. Resort Development The allotment proposed for tourist development of 3.6 hectares in area extends along the Stoney Creek boundary to the south and the western boundaries abutting Barron Gorge National Park. The resort proposal is for 56 apartments and 34 lodges (note proposal in EPBC referral was for 102 rooms, density has been reduced to 91 rooms). The tourist resort development concept allows flexibility in designing and siting buildings with sensitivity to the existing landform and trees. Buildings associated with the resort (central facilities) and lodges located in or near riparian vegetation will be sited so as to avoid clearing large trees (including any buttress roots) and any species of conservation concern. It is intended to “nestle” the buildings among the existing forest vegetation, thus maintaining the integrity of the habitat and special forested amenity and character of the site. I understand that buildings will to be constructed above ground to enable existing landform and hydrological flows over the site to be maintained. I note that this form of construction will minimise disturbance to the surface roots of trees. Access paths from the Central Facilities to the Lodges will primarily be by low boardwalk raised just off the ground, which will facilitate the retention of existing landforms and minimise impact on the forest environment. Infrastructure services to individual lodges will be integrated with the pathways wherever possible, which will reduce trenching for services. The footprint of the Lodges has been kept between trees with minimum clearing of smaller saplings. The lodges will be raised off the ground and positioned on slopes to hang over more steeply sloping ground. This promotes an undercroft with minimum shadow and disturbance to the natural earth and soil surface. The central facilities building, shown indicatively on the plans will be designed to ensure preservation of vegetation and landform. The proposal includes abut 56 apartments in an arrangement of four two-bedroom apartments over two levels, two apartments to each level, allowing minimal footprint. The common wall can be offset in either direction, allowing the footprint to be modified to ensure it fits within the large trees making the canopy. The proposal includes about 34 single one bedroom, single storey lodges minimising footprint, and “nestled” amongst the forest.

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Cairns Rainforest Resort – EPBC Further Information

Figure 2: Revised Masterplan

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Cairns Rainforest Resort – EPBC Further Information

Density and Layout of Proposed Development

The proposed masterplan above is indicative and no particular density has been approved. As such the Plan gives an indication, whilst the final layout of buildings will be determined on the basis of site constraints. In particular buildings will be sited amongst tree 20cm DBH or greater. The density of the resort in the western precinct is appropriate to the relatively undisturbed nature of the area, its proximity to the World Heritage Area and its value for fauna habitat connectivity. The central facilities area outlines on the Plan is indicative and that building will be sited around trees. The density of the central facilities area is appropriate given the previously disturbed nature of this area. Outcomes of the State Appeal Process

Local residents of Rainforest Estate lodged an appeal of Cairns City Councils decision to permit the resort and residential lots. During the appeal process the appellants engaged environmental experts, these included the highly regarded Peter Stanton (a Cassowary Award winner) and Martin Cohen. Guy Chester of EcoSustainAbility was retained by the proponent. The appeal process involved an experts conclave (the joint report from which is included in the appendices). After the conclave the masterplan was revised to provide the 25m buffer from the World Heritage Area, provide the 20 setback from the boundary adjacent to Stoney Creek and reduce the density in sensitive areas and allow some changes in density in previously disturbed areas. The experts reviewed the masterplan, Peter Stanton wrote: “…the revised plan conforms with our joint comments, and I would be prepared to endorse it.” Martin Cohen also orally indicated his agreement that the revised plan allayed his concerns. In summary, since the master plan lodged with the referral there has been a rigorous review by independent experts, who have now agreed that issues relating to the protection of world heritage, the Cassowary and endangered frog have been adequately addressed in the revised masterplan. The appeal was settled out of court and the Appendices include the Consent Orders.

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General Environmental Characteristics of the Site

The topography of the site slopes from north to south with an average gradient of 1:3. I note that the proposed road is to be located on the flattest part of the site. There are no permanent creeks/stream which traverse the site. However, the site does contain a number of natural gullies which are ephemeral drainage lines. I note that these will be retained in an undisturbed state. The site is not known to contain any outstanding topographical natural features. There are no caves on site. The site soil consists of red earths derived from Metamorphic Rock. These are typically deeply weathered, and can support tall, well developed rainforest, of which substantial remnants are present on the site. Some minor erosion is apparent along the banks of Stoney Creek with exposure of trees' root systems in places.

Vegetation Characteristics

The site retains approximately three quarters native vegetation cover, which is fragmented by existing tracks and clearings, with some degradation and weed invasion fringing these, and more specifically along the road frontage. The Vegetation Management Act 1999 (VMA) is the relevant Queensland Legislation associated with the clearing of native vegetation. The VMA is administered by the Department of Natural Resources, Mines and Water. The Department was requested to comment on the proposed development with regards to the VMA. By letter dated 05 June 2001, they advised that: "the proposed development is exempt from requiring an approval to clear native vegetation under the provisions of the Vegetation Management Act.” This is on the basis that the clearing is in an urban area, and is not mapped as an endangered regional ecosystem and has not been declared by the Minister an area of high native conservation value. A comprehensive flora survey which was conducted in May 2004 (Andrew Small 2004). This work reviewed all relevant references and available data and undertook detailed surveys on site including both line intersect transects and area search quadrats, with general attributes scored including species presence/abundance, changes in floristic structure and integrity, introduced species, obvious evidence of disturbance and successional processes, forest structure (height, composition and general integrity) and flora species of conservation significance. The Environmental Protection Agency Queensland Herbarium has mapped the vegetation of the property under the Vegetation Management Act 1999 (Queensland) and has described the vegetation as Regional Ecosystem (RE) 7.11.7 (complex notophyll vine forests using the Tracey/Webb designation). The Vegetation Management Regulation 2000 (Queensland) lists the conservation status of this RE under the VMA as being “not of concern at present”. Currently greater than 30% of the original extent of this community still remains and is well represented in protected area estates with approximately 27,000 hectares within in the Wet Tropics of Queensland World Heritage Area. This RE usually occurs on the moist foothills and uplands in the Cairns area on metamorphic derived yellow podzolics, however parts of this RE in the Barron Gorge are to be found on granite derived soils. The community is characterised by a number of deciduous canopy species, and typical signature canopy emergents include kauri pine (Agathis robusta), acacia cedar (Paraserianthes toona) and rose butternut (Blepharocarya involucrigera).

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Cairns Rainforest Resort – EPBC Further Information

In total there are 215 records of species of conservation significance in the area recorded by HERBRECS, however this data list includes species in community types (eg mountain tops and sclerophyll woodlands) not represented in the Stoney Creek area and would not be found in notophyll vine forests. Twenty six species of flora of conservation significance (as listed under the schedules of the Nature Conservation (Wildlife) Regulation 1994) could be expected to be found in the in the habitats represented in the Stoney Creek area. A systematic search of transects across the property identified two species of conservation significance, Rourea brachyandra (a vine) and Diplazium cordifolium (Athyriaceae - a fern). Rourea brachyandra (Connaraceae), is a liana of the upper canopy and was identified attached to a fallen tree branch. The vine was located in the western most section of the property, close to the World Heritage Boundary. Rourea brachyandra is listed as “rare” under schedule 3 of the Nature Conservation (Wildlife) Regulation 1994 (Queensland). Stoney Creek is a known important habitat for the fern Diplazium cordifolium (the locality is specifically identified on the HERBRECS database), and this fern was identified in the riparian margin of this creek in the western precinct of the property. There is some imprecision in the locality of the observation as the location could not be GPS fixed, and the current demarcation of the streamline in relation to the digital cadastre database of the Cairns City Council is inaccurate. It is possible that the location is outside the boundary of the property in question. It is certainly away from the areas of disturbance of the proposed development. Diplazium cordifolium is listed under schedule 2 of the Nature Conservation (Wildlife) Regulation 1994 (Queensland) as “vulnerable” and is also listed as “vulnerable” on the schedules of the Environment Protection and Biodiversity Regulation 2000 (Commonwealth). The vegetation of the property can be characterised broadly into four categories, with some areas of the site cleared. The specific elements that divide the categories are: general species composition; canopy height and dominant characteristic canopy species; frequency and abundance of successional and transgressive species; levels of disturbance related to past logging and access requirements; and presence/absence of introduced species. The four categories include: • tall complex notophyll vine forest; • notophyll vine forest with frequent successional and transgressive species; • notophyll/mesophyll vine forest; and • riparian/levee vine forest along Stoney Creek. On the basis of presence of flora species of conservation significance as identified by Andrew Small in the field, the most significant flora habitat areas are the riparian and levee forests along Stoney Creek, and the complex notophyll vine forests of the western section of the lot. These areas have limited evidence of anthropogenic disturbance, have the highest diversity of species represented and generally are most characteristic of their community type. Of lesser value as a significant flora habitat area is the disturbed notophyll vine forest about the access track and clearing. However with ongoing successional processes well advanced and with minimal ongoing disturbance evident, this area provides opportunity for flora species of conservation significance to recruit successfully. The vegetation about the access track, as mapped, has obvious evidence of recent disturbance (less than 50 years) through timber cutting, storm damage, and clearing of the access track. It is suspected that the clearing may have been the site of the original log dump (in the 1960s) prior to timber being hauled to the nearby sawmill at Stratford. The site retains rainforest cover over most of the area, however this is fragmented by existing clearings and tracks. Cyclone damage is evident surrounding clearings, and along the degraded frontage, to Douglas Track Road. Continuous canopy cover is present through the western end of the site where it adjoins Barron Gorge National Park. The property's frontage to Stoney Creek has a narrow band along the creek bank, with a distinct riparian character, dominated by Syzygium tierneyanum. There is an existing easement within the site adjacent the frontage to Stoney Creek. The easement precludes development and provides a riparian buffer to the creek.

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Cairns Rainforest Resort – EPBC Further Information

As can be expected, introduced weeds including bamboo are concentrated under large canopy gaps. These are associated with past clearing and can be found along the existing, partially overgrown access track, along the frontage to Douglas Track Road and in several discrete clearings in the lower part of the site. There are no pest plants of any Class on any area of the property. Subsequent to the Referral being lodged a survey of all trees larger that 20cm DBH has been undertaken. The distribution of these trees has formed the basis of the revised proposal.

Fauna of Conservation Concern

Animals listed under the Environment Protection and Biodiversity Conservation Act 1999 which may occur in the locality containing the site include the following species: • Litoria rheocola (Common Mistfrog) • Nyctimystes dayi (Australian Lace-lid) • Litoria nannotis (Waterfall Frog) • Casuarius casuarius johnstonii (Southern Cassowary) • Pteropus conspicillatus (Spectacled Flying Fox) • Cyclopsitta diophthalma macleayana (Double-eyed Fig-parrot)

Integrity of Habitat and Linkages

The site is adjoining Barron River National Park (and Wet Tropics World Heritage Area), I note that the catchment of Stoney Creek is very steep and as is si at the beginning of the very steep Barron Gorge connectivity to the north is restricted. The railway line bisects the catchment from the remaining world heritage area, with a disturbance corridor further affected by the fill placement on the downhill side of the railway and by fire affected vegetation structure on the uphill side of the railway. Given this I topography and major disturbance in the upper catchment I conclude that the connectivity with the greater Wet Tropics World Heritage Area is somewhat restricted. See below for an image extracted from “Google Earth” which highlights the topography and railway line disturbance.

Figure 3: Location adjacent to Barron Gorge

Steep sided Barron Gorge

Railway Railway corridor corridor disturbance. di b

Proposed Resort Site

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The integrity of Stoney Creek as a riparian corridor is reduced by the existence of the road crossing at Douglas Track Road creating a barrier immediately downstream of the site and is constrained by the close proximity of Stoney Creek Road and adjoining houses of Red Bluff crescent and Glacier Road. See below for an image extracted from “Google Earth” which highlights the topography and railway line disturbance.

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Figure 4: Overview of Site

I conclude that the overall connectivity from Wet Tropics World Heritage Area to nearby natural habitats is constrained by the level of habitat disturbance to the north and east of the site and t the south of the site and Stoney Creek. There is a narrow riparian corridor along the bank of the Barron River, however connectivity to this is limited by the restricted riparian corridor along Stoney Creek (which is “squeezed” by the houses adjoining to the north and south). Given the above it is consider that (disregarding the role of the site itself) that the connectivity value between the Wet Tropics World Heritage Area and nearby natural habitats is limited. In relation to the site, it is considered that as the proposed development retains the rainforest canopy, does not disturb the riparian corridor and allows ground level connectivity that habitat connectivity through the site will largely unaffected.

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Cairns Rainforest Resort – EPBC Further Information

Environmental Management Commitments and Conditions

The following list below sets out the environmental commitments made in obtaining approvals to date and the conditions of these approvals. Fundamental to the maintenance of overall integrity on the site is the condition relating to vegetation clearing of the site (see the Consent Order at Appendices). This states: “When identifying vegetation that will be retained the applicant/owner must give consideration to both the diameter at breast height measurement and the tree’s contribution to canopy cover. Wherever possible, any tree larger than 20cm diameter at breast height or that provides a major contributor to canopy cover will be retained.” Further, conditions require 8 metre separation between the two storey apartments and 5 metres between the cabins. Any consideration of ecological impact must consider the potential to reduce impacts though mitigation measures (environmental management commitments) and as such below the following mitigation strategies have been adopted as commitments and/or are established as conditions under the State and/or Local government approval conditions. The proposal is based on achieving a high level of (if not best practice) ecological sustainability for the project. The proposed ecotourism resort relies on the maintenance of the rainforest and nestling the resort among the forest with minimal impacts to achieve its unique tourism character. The intention is to retain the forest canopy. The location of buildings is to be handled by determining building envelopes for each structure to minimise impact on the canopy. Owing to the complex structure of the forest, relevance of the canopy and that the size of trunk does not necessarily reflect height, so this placement of buildings will be by sight on site. The actual density will be determined by the number of building envelopes created (although 91 rooms is the maximum density for the resort). The footprint of buildings will be minimised and configuration flexible to give opportunity for situating sensitively amongst the trees. Access to the lodges will be by boardwalk in most instances. Within the context of the above general commitments, the mitigation measures which have been adopted are: 1. The establishment of a 25m buffer in from the world heritage boundary. 2. The establishment of a 20m setback from the boundary adjacent to Stoney Creek. 3. For the resort, the building envelopes will be chosen on site to minimise the need for clearing. The total building envelope proposed (at this stage, it may reduce as planning proceeds) is 7500 m2 which is 21% of the block. 4. The design criteria is to ensure the buildings nestle under the forest canopy. No tree larger than 20cm diameter at breast height (DBH) or that provides major contribution to canopy cover will be cleared for site development. 5. There will be no disturbance of riparian vegetation. Buildings associated with the resort that will be located near riparian vegetation will be sited so as to avoid clearing canopy trees and any species of conservation concern. 6. Other than for buildings, the lane way (access road) and pathways, shrubs, small trees, saplings and seedlings will be retained as they provide extensive soil protection properties and provide niche habitat and shelter to a range of fauna species.

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7. The road will remain a private road (community title) which allows a narrow “lane” rather than public road. It will be a total of a 5.5m width seal without cleared verges sections to allow passing. Further, the road will have a design other than traditional kerb and channel such that the rainforest floor will essentially remain at grade. I understand that the intention is to use shallow concrete lined spoon drains or coarse gravel runoff shoulders for drainage rather than concentrating stormwater flows. In this way the total footprint of disturbance of the road and its impact on runoff can be minimised. 8. Parking for the resort and residents will be nestled in small clusters among existing trees in areas adjoining the access lane, rather than one large clearing. 9. Services (electricity, water, sewage, telecommunications etc.) will be routed under the lane way and then under or alongside paths and boardwalks. The routeing of services will be designed to avoid trenching and the resultant cutting of horizontal surface roots of rainforest trees. Services will be suspended from low boardwalks or run across the ground surface (using suitable conduits and protection). 10. With regard to site disturbance, the design and construction approach will protect existing trees and their buttress roots to ensure ongoing forest integrity. The species of any trees proposed to be cleared will be identified. No endangered, of concern or threatened tree species will be cleared as part of the development. 11. Once constructed pedestrian or small service vehicle access only (golf buggy size) will be provided to each cabin/lodge/apartment. 12. Tourism resort buildings will have gutterless eaves with rock filled collection trenches below the eve or where gutters are used the runoff will be dispersed onto the rainforest floor (indeed in some cases to under the buildings), to ensure that all rainfall that penetrates the canopy reaches the forest floor to percolate to the soil. This avoids concentrating storm water into pipes and discharging it at some point. 13. To minimise the foot print of disturbance some tourism accommodation will be two storey (note the roof will still be well below the rainforest canopy). 14. All buildings will be of post and beam construction and as such there will be minimal earthworks and no cut/fill benching. The natural ground surface will remain as far as possible. 15. The swimming pool will be located in a previously disturbed area and not involve clearing of primary rainforest trees. Backwash and overflow of the swimming pool waters will be directed to municipal sewage and not disposed of on site (to avoid impacts on the natural waters). 16. There will be thorough erosion and sediment control, with a plan developed prior to construction. 17. There will be ongoing weed control, with weeds identified and a plan for their control and if possible eradication developed. 18. Mechanisms to avoid the introduction of weeds during construction will include: reduction of the use of fill needing to be brought onto site through the use of minimal roads and low level of site disturbance/ house pads etc.; ensuring that any fill brought on to site is weed free; and lack of use of any vegetative material containing weeds in erosion and sediment control (e.g. silt fences rather than hay bales etc.). NOTE: See the Weed Management Plan as an appendix. 19. A landscaping plan will be developed prior to construction which will involve planting native species to retain the ecological integrity of the site. The landscape plan will address rehabilitation of previously disturbed areas. Guidance for this rehabilitation will be sourced from the Wet Tropics Management Authority publication “Repairing the Rainforest”. 20. Paths and boardwalks around the site will be low (generally less than 300mm above the ground surface) and without handrails (unless required for safety, e.g higher bridges), this will allow unimpeded movement around the site for Cassowaries and small ground dwelling mammals. 21. Whilst there will be paths on site for visitors to appreciate the rainforest environment, there will be no guest or pedestrian access from the resort to the adjoining rainforest and world heritage area.

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Cairns Rainforest Resort – EPBC Further Information

22. Roadworthy vehicles will be restricted to the carpark and access lane. After construction, the only vehicle traffic through the site will be low power, slow and quiet golf buggy style vehicles for servicing lodges and carrying luggage etc. 23. The aim for the resort is to achieve best practice ecotourism and the target is to achieve Advanced certification with Ecotourism Australia’s EcoCertification program. 24. Sewage will be collected and pumped to the Cairns City Council sewage reticulation mains. 25. Stormwater will in almost all cases be kept clean and uncontaminated, then dispersed onto the ground of the site such that the presence of infrastructure does not affect local soil moisture and groundwater. Car parks will use pervious surfaces to encourage infiltration. Any stormwater, which (after final design) it is determined must be discharged off site will have sedimentation collection and/or treatment systems and be discharged to Stoney Creek at an approved location (downstream most likely). In summary disturbance will be minimised so that natural drainage processes remain intact. 26. No pets will be allowed on the resort. It is important to note that that the above mitigation measures involve some environmental enhancements and my conclusions below take this into account. The removal of weeds from the previously disturbed area and replanting (amongst the proposed buildings) will results in a vegetation structure and floristics which better reflects the natural rainforest on site. Further, the bamboo as a dominant weed in some areas of the site creates a barrier to ground dwelling fauna movement, and as such its removal will allow fauna to move through the site. I note that the above measures can be accepted commitments as the ownership and management of the site will remain with one entity (as apposed to if the site were to be residential land where there would be many owners and commitments regarding environmental management may nor be achieved (whilst covenants can restrict future development aspects, they rarely successful include ongoing active environmental management).

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Matters of National Environmental Significance

Potential for impact on the Wet Tropics World Heritage Area

It is concluded that the world heritage values of the Wet Tropics World Heritage Area will not be affected. The basis for this conclusion is: • The Wet Tropics Area is located upstream, the forest on site is undisturbed, weed free and has not carried a bush fire. • Whilst adjoining the Wet Tropics World Heritage Area, there will be no disturbance of the world heritage area from the proposed resort and there will be a buffer of at least 25m in from the boundary with the world heritage area of no disturbance on the property. • The Resort is less dense in the area adjoining the world heritage area, and an overall aim of maintaining the integrity of the forest canopy and maintenance of the majority of understorey vegetation, there is not expected to be any impacts from microclimate changes, weeds invasion or other structural disturbance of the forest in the world heritage area, Guests will not be allowed to enter the world heritage area from the property boundary. • There will be no pets on the resort. • The rainforest area to the west of the site along Stoney Creek is exceptionally rugged as an incised gulley and even intrepid guests (if they ignore signage, barriers and staff instructions) are not likely to stray very far into the World Heritage Area. • Weeds will be controlled and only native species planted in the site’s landscaping and rehabilitation. • Given its rainforested nature, the site is not prone to bushfire and it is highly unlikely that the development could in any way cause bushfire in the World Heritage Area. • The site will be developed to allow fauna movement (particularly the Southern Cassowary) and to maintain fauna habitat. As such, it is considered that there is little likelihood of affecting the integrity of ecological processes of the Wet Tropics World Heritage Area as a result of the proposal.

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Potential for impact on the Southern Cassowary

During investigations we commissioned a survey undertaken by others (A Small). The survey involved over 7km of transects both spread across the site (parallel to Stoney Creek) and six transects targeting ridges and gullies. The survey looked for cassowary scats, Cassowary footprints or tracks, unusually dense conglomerations of seedling recruitment (where seed from earlier cassowary scats have germinated) and actual cassowaries. The survey found only one Cassowary scat (dropping) and no sign that the site is used frequently. During community consultation with residents local community members reported that there have been no recent cassowary sightings. I note that Cassowaries would usually keep away from residential areas with dogs and there a number of dogs evident on adjoining properties. From the single scat observed during the survey, the lack of clumpings of seedlings indicating earlier scats and as there were many species of cassowary food trees fruiting on the site at the time of the survey it can be concluded that the area is not within the core home range of cassowary(ies). The site could provide occasionally used habitat as part of the extended home range of one or more cassowaries. The cassowary is an important species for the ecology and biodiversity of its rainforest habitat as is the major long distance dispersal agent for many species of rainforest trees with large fruit in the Wet Tropics. Cassowaries are mainly solitary with large home ranges up to several square kilometres and more marginal home ranges extending opportunistically (or perhaps seasonally) beyond this. Cassowaries are vulnerable to habitat fragmentation primarily as they result in seasonally available fruits and opportunistic omnivory to sustain individual birds within their (mostly exclusive) home ranges. Fragmentation of habitat can cause loss of important seasonally available resources. The site contains an abundance of “cassowary fruit trees” including from the families Lauraceae, Myrtaceae, Sapotaceae and Elaeocarpaceae. The primary cause of the decline of the cassowary is thought to be habitat loss and fragmentation, with over 80% of previous key habitat (existing prior to European settlement now cleared. Estimates of the southern population of the Southern Cassowary varies between 1500 and 2500. I consider that the site has no direct link to cassowary habitat on its adjoining northeastern and eastern sides as they abut residential areas and as such whilst cassowaries may wander though the site, the site does not form a link between two areas of cassowary habitat and as such is not a vital corridor per se. In summary, the site may be potential habitat for the Southern Cassowary. The site is not known to be within the home range of any individual Cassowary(ies). However it is possible that the site will be visited occasionally by Cassowary (ies) based in the nearby Barron Gorge National Park. Residential development does have the potential to affect cassowary habitat. The Cairns Hillslopes is a location listed as known Cassowary habitat in the Species Recovery Plan (Queensland Parks and Wildlife Service, 2001). The impacts on the Southern Cassowary will be minimised by the fact that the basic habitat including forest floor, canopy and fruit bearing trees will essentially remain. Crome and Moore (1988) suggest that cassowaries can tolerate some structural damage to their habitat and that an intermediate level of damage, particularly that which promotes high species diversity, may favour them. But they believe that there appears to be a threshold of damage beyond which cassowaries decline. I conclude that as the forest canopy will remain and owing to the lack of major barriers that Cassowaries will be able to move about the site and feed. In my thirty years experience visiting and living in the wet tropics region I have personally observed many instances in forested residential developments and resorts in rainforest where cassowaries regularly move through the site or indeed use the areas as part of their usual home range; specific examples include South Mission Beach (Tam O’Shanter Point area) and Daintree Wilderness Lodge (Cow Bay). The proposed low pathways and dispersed spacing of the lodges will mean Cassowary movement will be mostly unimpeded through the site.

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Cairns Rainforest Resort – EPBC Further Information

Regarding the potetential for conflict between human activity and cassowaries visiting the site. • In areas where cassowaries have not been hand fed, the potential for cassowaries to “harass” humans is low. In most instances where a cassowary is quietly observed by humans the cassowary continues foraging and/or moving of its own free will. There are instances where cassowaries have become threatened and aggressive however these are rare where the observes have been quiet and passive. This is not the case where cassowaries have been hand fed, the come to expect it and can be quite aggressive in “encouraging” similar benefits from other humans they come across. It is vital that there is no feeding of cassowaries on site and further that fruit sources (eg rubbish/compost bins etc.) are not accessible. • On the basis of the above it is suggested that the potential for cassowaries harming humans on site is low provided staff and guests are informed of appropriate behaviours. • There are numerous instances where cassowaries move through resorts, seemingly without being affected by the presence of humans. Obviously there must be a density of humans at which point a cassowary wandering through the forest would prefer to avoid the area. There is no research into this area, however anecdotal evidence and our experience suggest that the densities of the proposed resort will allow cassowaries to move through the site although they would most probably avoid the denser congregation of humans and activity at the central facilities building (which is located in the previously disturbed area where there are no food resources anyway). • There are not expected to be any impacts from vehicular traffic as vehicle speeds on the internal road and access roads are extremely slow and would allow driver collision avoidance. Given the above considerations, it is concluded that the Southern Cassowary has a population in the adjoining world heritage area and whilst the site is not thought to be within the home range of individuals currently, occasional forays onto the site by Cassowary(ies) from the adjoining Barron Gorge National Park are likely. Cassowaries will be able to move throughout the site and feed on available rainforest resources. As all major canopy trees (those above 20cm DBH), which include the most productive large fruiting species that comprise Cassowary food resources will remain, these food resources will be available for Cassowaries. With low boardwalks or ground level paths, there will be no physical barriers to movement. With the only onsite road being the narrow access lane, vehicle traffic will be very slow and roadkill extremely unlikely.

Potential Impact on Rainforest Frogs

During our investigations a survey of frogs in Stoney Creek was undertaken (J Sargent) in which no evidence of the existence of the four target frog species was found using spotlighting, call play back and tadpole searches. The technique included searches of (and under) cobble and boulder, washing leaf litter, searching dry tributary drainage lines, along the creek banks and in dense underfoliage. Following the joint experts conclave (for the State appeal process) the proposed ten metre setback has no been increased to twenty and as the creek itself is not on the property means there is a significant undisturbed buffer and no development at all within the high bank. This ensures the riparian area of the high bank to the creek remains undisturbed. For approximately one quarter of the southern boundary of the site the high bank of Stoney Creek has been surveyed to be south of the boundary (i.e. outside the site), for almost the entire remainder of the southern side of the site the high bank lies within the proposed ten metre set back, however there is a short section at the eastern end of the southern boundary where the high bank lies on or one to two metres inside the proposed setback. It is prudent to consider the creek could potentially be habitat for the frogs and that the conservation of their habitat will be achieved by the twenty metre setback of the proposed resort (from the site boundary, which results in 25-30 metre setback from the creek). I note that the environmental mitigation measures will include little surface disturbance and good stormwater management to ensure the site has no effect on water quality of Stoney Creek and hence maintain the potential habitat value for the frogs.

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Cairns Rainforest Resort – EPBC Further Information

Waterfall Frog In relation to the Waterfall Frog, the following is an extract from the species’ recovery plan (Northern Queensland Threatened Frogs Recovery Team, 2000). “Litoria nannotis occurred throughout the Wet Tropics Biogeographical Region between Paluma (190 01'S, 146012'E) and Mungumby Creek (150 42'S, 1460 16'E), north-east Queensland (McDonald 1992). No population declines have been observed in populations occurring below 400 m, but L. nannotis is now absent from most sites above this altitude…. L. nannotis inhabits fast-flowing streams around waterfalls and cascades in rainforest from 80- 1300 m (McDonald 1992). Frogs are generally found on boulders beside or behind waterfalls, but may be perched on trees or litter beside streams (Liem 1974, K.R. McDonald pers. obs.). Tadpoles are found predominantly in fast flowing sections of the stream, attached to rocks (Richards 1992, K.R. McDonald pers. obs.)” The frog uses the stream habitat and adults and juveniles often form small groups in amongst large boulders behind waterfalls. The literature suggests that they are a true stream dwelling species unlikely to venture far from the waterway. Tadpoles are predominantly found in fast flowing sections of streams adhering to rocks. It has been reported that nocturnal activity of the waterfall frog can involve adults moving up to 15 metres from the stream amongst stream side vegetation. Streams are the main habitat for the waterfall frog and gravid females and males with nuptial pads are found throughout the year. I conclude that the survey undertaken was conducted in a manner likely to find individuals should a thriving population exist. However despite the survey not finding any adults or tadpoles, it is prudent to conclude that it is likely that the Waterfall Frog does occur in Stoney Creek. It is considered that the impacts on the population from the proposed resort will minimal as there will be no disturbance of the creek or drainage lines and with strictly enforced best practice erosion and sediment control during construction and appropriate management of stormwater discharge there will not be any contributing pollution of the stream habitat. Further the retention of the riparian vegetation will ensure suitable riparian habitat remains. Common Mist Frog In relation to the Common Mistfrog the following is an extract from the species’ recovery plan (Northern Queensland Threatened Frogs Recovery Team, 2000). “L. rheocola occurred in rainforests north of the Herbert River in the Wet Tropics Biogeographical Region from Broadwater Creek National Park (180 23'S, 1450 57'E) to Amos Bay (150 41'S, 1450 19'E) (McDonald 1992). No population declines have been observed in lowland rainforests below 400 m, but L. rheocola has disappeared from most sites above this altitude…. L. rheocola is usually found on rocks and vegetation near fast-flowing streams in rainforest from 0-1180 m. Tadpoles are found in swiftly flowing rainforest streams, clinging to rocks in riffles, torrents, and highly oxygenated pools (Liem 1974, pers. obs.).” The Common Mistfrog is found in fast flowing streams in rainforest although usually found in slowing moving sections of these streams away from waterfalls. Individuals are often found on rocks, logs and in stream side vegetation. Calling males and gravid females of the common Mistfrog have been observed throughout the year, and breeding activity has been observed in most months, except during cold winter nights. It is concluded that the survey undertaken was conducted in a manner likely to find individuals should a thriving population exist. However, despite the survey not finding any adults or tadpoles, it is prudent to conclude that it is likely that the Common Mistfrog does occur in Stoney Creek. The impacts on any population will be minimal, there will be no disturbance of the creek or drainage lines and with strictly enforced best practice erosion and sediment control during construction and appropriate management of stormwater discharge there will not be any contributing pollution of the stream habitat. Further the retention of the riparian vegetation will ensure suitable riparian habitat remains.

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Cairns Rainforest Resort – EPBC Further Information

Australian Lacelid In relation to the Australian Lacelid Frog the following is an extract from the species recovery plan (Northern Queensland Threatened Frogs Recovery Team, 2000): “Nyctimystes dayi occurred throughout the Wet Tropics Biogeographical Region between Paluma (190 01'S, 1460 13'E) and Big Tableland (150 44'S, 1450 18'E), north-east Queensland (McDonald 1992, McDonald and Martin unpubl. data). No population declines have been observed in populations occurring in lowland rainforests below 300 m, but N. dayi is now absent from all sites above this altitude... N. dayi is restricted to rainforest and rainforest margins from 0-1200 m. In montane areas fast- flowing, rocky streams are preferred, but slower watercourses are also utilised. Adults are generally located on rocks and vegetation adjacent to the stream, though females have been found on large mossy boulders and tall vegetation some distance from the water (Czechura et al. 1987). Tadpoles are found clinging to, or sheltering under, rocks in torrents and riffles of fast flowing rainforest streams (Davies and Richards 1990).” The Australian Lacelid Frog is found in rainforests and rainforest margins and is known to favour rock soaks, narrow ephemeral streams and rock outcrops in larger streams. It is also reported as having been found on rocks, boulders and vegetation in or adjacent to streams. Juveniles and females are rarely found and males call at night from rocks or low foliage along streams. Peak breeding is reported as from October to April. The location of the Frog during non-breeding periods remains unknown. I conclude that the survey undertaken was conducted in a manner which may have found individuals should a thriving breeding population exist, yet as the survey was undertaken in October no definite conclusions can be drawn as to the absence of individuals during the survey. Given this, despite the survey not finding any adults or tadpoles, it is prudent to conclude that it is likely that the Australian Lacelid Frog does occur in Stoney Creek. The impacts on the population will be minimal, there will be no disturbance of the creek or drainage lines and with strictly enforced best practice erosion and sediment control during construction and appropriate management of stormwater discharge there will not be any contributing pollution of the stream habitat. Further the retention of the riparian vegetation will ensure suitable riparian habitat remains. Conclusion As an overall conclusion regarding the potential impact on stream dwelling rainforest frogs there are potential populations of the threatened species of frogs (Waterfall frog, Common Mist frog and Lace- eyed Tree frog) in the adjacent Stoney Creek. There will be no direct disturbance of their habitat in Stoney Creek as a result of the proposal. There is an esplanade and an easement of 10 m along the property boundary and the development will be above the high bank of the creek, 20m back from the property boundary, as such the proposal is well back from the frog habitat. There will be no disturbance of drainage lines on the site and as such there is not expected to be any affects on the site’s drainage patterns. Further, stormwater will not be directly discharged to Stoney Creek, site development will not involve any major earthworks (no cut/fill for buildings owing to post and beam construction) and during construction best practice erosion and sediment control will be implemented to ensure no impacts on Stoney Creek.

Potential for Impact on Other Fauna of Conservation Concern

The Spectacled Flying Fox is listed as least concern wildlife under the Queensland Nature Conservation (Wildlife) Regulation 2006 yet is listed as vulnerable under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. It roosts high in trees usually in camps (groups of up tens of thousands of individuals) in rainforest, swamps and mangroves. It is known throughout the Wet Tropics region. Whilst an important species to conserve in natural habitats it is considered a pest, particularly by orchardists, permits/licences are issued for limited control of the Spectacled Flying Fox and the Commonwealth minister for the Environment, has in past years determined that such control is unlikely to affect the population.

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Cairns Rainforest Resort – EPBC Further Information

A specific survey for bats has not been undertaken on the site. However during site inspections the site does not form a major roosting site or “camp” for the Spectacled Flying Fox. The site may be used by the Spectacled Flying Fox for feeding on rainforest fruits in the forest canopy. I note that the site would form a very small proportion of available habitat for the Spectacled Flying Fox, and further that there is extensive suitable habitat in protected areas throughout the wet tropics region. The Spectacled Flying Fox may be present on the site and as potential food resources and habitat will be mostly preserved through the retention of the rainforest canopy, the potential for a significant deleterious impact on individuals or any local population is low. The Cyclopsitta diophthalma macleayana (Macleay’s Double-eyed Fig-parrot) is Australia’s smallest parrot. It is listed as vulnerable wildlife under the Queensland Nature Conservation (Wildlife) Regulation 2006. It lives predominantly in rainforest but will move to nearby woodland and urban areas. The literature on the Double-eyed Fig Parrot indicates that it feeds mainly on rainforest figs, some other rainforest fruit and nectar. It excavates it own nest, often in rotten tree trunks. A survey of the rainforest birds on site has not been undertaken and it would be difficult to comprehensively determine the presence or absence of the fig parrot through survey owing to the closed high canopy and the likelihood that any use of the site by fig parrot would be opportunistic when food is available. We do not draw a conclusion as to the definite presence or absence of the Double-eyed Fig Parrot on the site. However, we note that the retention of the rainforest canopy and the maintenance of trees greater than 20cm DBH will retain the majority of potential food resources on the site in an almost intact habitat structure. I note that the site would form a very small proportion of available habitat for the Double-eyed Fig-Parrot, and further that there is extensive suitable habitat in protected areas throughout the wet tropics region. It is concluded that the Double-eyed Fig Parrot may be present on the site and that as potential food resources and habitat will be mostly preserved through the retention of the rainforest canopy that the potential for a significant deleterious impact on individuals or any local population is low.

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Cairns Rainforest Resort – EPBC Further Information

Appendix 1

Environmental Experts’ Joint Report

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Cairns Rainforest Resort – EPBC Further Information

Appendix 2

Environmental Expert’s Report

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Planning and Environment Appeal Number 26 of 2006

Heavey Lex No 116 Pty Ltd and Cairns City Council - V - Malcolm Beck and Others.

Report on Environmental Aspects

By Guy Chester of EcoSustainAbility Pty Ltd

Context, Scope and Report Limitations 1. This report has been provided in relation to the Planning and Environment Court Appeal Number 26 regarding a proposed tourism resort development on part of Lot 1 on RP804194. 2. This report only addresses the environmental aspects of the relevant grounds of appeal. 3. I have received oral instructions from Williams, Graham and Carman to address the environmental, biodiversity, conservation, endangered species and nature based recreation aspects of the grounds of appeal. Williams, Graham and Carmen provided a consolidated file of documents relating to the site including the planning application and subsequent further information documents, submissions made to Cairns City Council during the approval process, the original notice of Appeal and correspondence relating to the project. I have received from Williams, Graham and Carman the Further Amended Notice of Appeal and the Consolidated Further and Better Particulars. I attended a telephone conference arranged by Williams, Graham and Carmen and attended by Counsel in relation to aspects to be addressed by this report. 4. As part of my earlier consulting services to the site’s owner I have received from EdgeArchitecture copies of the planning application, correspondence relating to the appeal and a variety of site plans and maps. 5. This report firstly describes my understanding of the project in question, then describes the relevant aspects of the environment of the site. Any consideration of ecological impact must consider the potential to reduce impacts though mitigation measures and as such I then set out a set of assumptions of mitigation strategies. The potential impacts are then described. Lastly, I have set out a short conclusion response to each relevant ground of appeal in accordance with my overall considerations as set out in the preceding sections.

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Summary of Relevant Knowledge and Experience 6. I am Guy Chester of Yorkeys Knob, Queensland. I have a degree in Applied Science in Ecology and over twenty two years subsequent professional experience in the fields of conservation, protected area management, environmental management, ecologically sustainable development, ecotourism and ecologically sustainable tourism. I am Director of a consulting firm that I own, EcoSustainAbility Pty Ltd. 7. I have held the positions of: Ranger, Australian National Parks and Wildlife Service (Kakadu National Park); Planning Officer, Conservation Commission of the Northern territory (CCNT); Conservation Policy Officer, CCNT; Legal Officer, Great Barrier Reef Marine Park Authority (GBRMPA); Senior Park Management Officer (GBRMPA), Manager Planning, Wet Tropics Management Authority; Acting Executive Director; Wet Tropics Management Authority; Manager Environmental Services, GHD (multidisciplinary consulting firm); Environmental Services National Technical Coordinator, GHD; Environmental Services Division Leader, GHD, Managing Director, Integrated Energy Services; Director Business Development, Tropical Rainforest Ecology and Management Cooperative Research Centre; Director Business Development, Australian Tropical Forest Institute and Director, EcoSustainAbility. 8. Recognising my understanding of tropical rainforest conservation and best practice ecotourism I was appointed a Director (Governing Board member) of the Tropical Rainforest Ecology and Management Cooperative Research Centre (1999-2004). 9. Recognising my understanding of protected management, conservation, best practice ecologically sustainable tourism and ecotourism I held executive positions including Vice President of the Ecotourism Association of Australia from 1991-2002. The Site 10. I first visited the site in 2004 and have been on subsequent inspections in 2005 and 2006. 11. The subject property is part of the Rainforest Estate located in Cairns City, 8 kilometres west of the Cairns Airport and 15 kilometres north-west of Cairns CBD. The lot is 5.682 hectares in area, bounded on the east by Douglas Track Road, to the south by lot 32 RP804194 (which includes Stoney Creek), to the west by Barron Gorge National Park (within the Wet Tropics of Queensland World Heritage Area). The majority of the northern side of the property is bounded by lot 19 RP804194 but smaller residential lots 51, 50 and 49 (all RP899694) bound the north-eastern side of the lot. 12. The site is located in the suburb of Kamerunga in the foothills of the McAllister Ranges. To the west the site adjoins Barron Falls National Park which is included in the Wet Tropics World Heritage Area. 13. The site is not near any Ramsar Wetlands or essential habitat of any migratory birds. 14. The project addressed is the proposed resort. I understand the proposed (and approved) residential allotments are no longer included in the appeal. 15. The tourist development lot area is 3.6 ha, parkland lot area is 0.33 ha and balance lot area is 0.56 ha.

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Resort Proposal 16. The allotment proposed for tourist development of 3.6 hectares in area extends along the Stoney Creek boundary to the south and the western boundaries abutting Barron Gorge National Park. 17. I understand that the tourist resort development concept allows flexibility in designing and siting buildings with sensitivity to the existing landform and trees. Buildings associated with the resort (central facilities) and lodges located in or near riparian vegetation will be sited so as to avoid clearing large trees (including any buttress roots) and any species of conservation concern. 18. I understand that it is intended to “nestle” the buildings among the existing forest vegetation, thus maintaining the integrity of the habitat and special forested amenity and character of the site. I understand that buildings will to be constructed above ground to enable existing landform and hydrological flows over the site to be maintained. I note that this form of construction will minimise disturbance to the surface roots of trees. 19. I understand that access paths from the Central Facilities to the Lodges will primarily be by low boardwalk raised just off the ground, which I note will facilitate the retention of existing landforms and minimise impact on the forest environment. I understand that infrastructure services to individual lodges will be integrated with the pathways wherever possible, which I note will reduce trenching for services. 20. The footprint of the Lodges has been kept between trees with minimum clearing of smaller saplings. The lodges will be raised off the ground and positioned on slopes to hang over more steeply sloping ground. I note that this promotes an undercroft with minimum shadow and disturbance to the natural earth and soil surface. 21. I understand that the central facilities building, shown indicatively on the plans will be designed to ensure preservation of vegetation and landform. 22. I understand that the proposal includes abut 56 apartments in an arrangement of four two-bedroom apartments over two levels, two apartments to each level, allowing minimal footprint. I note that the common wall can be offset in either direction, allowing the footprint to be modified to ensure it fits within the large trees making the canopy. 23. I understand that the proposal includes about 20 single two-bedroom lodges over two levels again minimising footprint, and “nestled” amongst the forest. 24. I note that there are about 26 cabins proposed as single one-bedroom accommodation buildings located in the more sensitive forested areas towards the western side of the site. General Environmental Characteristics of the Site 25. The topography of the site slopes from north to south with an average gradient of 1:3. I note that the proposed road is to be located on the flattest part of the site. 26. There are no permanent creeks/stream which traverse the site. However, the site does contain a number of natural gullies which are ephemeral drainage lines. I note that these will be retained in an undisturbed state. 27. The site is not known to contain any outstanding topographical natural features. There are no caves on site.

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28. The site soil consists of red earths derived from Metamorphic Rock. These are typically deeply weathered, and can support tall, well developed rainforest, of which substantial remnants are present on the site. 29. Some minor erosion is apparent along the banks of Stoney Creek with exposure of trees' root systems in places. Vegetation Characteristics 30. The site retains approximately three quarters native vegetation cover, which is fragmented by existing tracks and clearings, with some degradation and weed invasion fringing these, and more specifically along the road frontage. 31. The Vegetation Management Act 1999 (VMA) is the relevant Queensland Legislation associated with the clearing of native vegetation. The VMA is administered by the Department of Natural Resources, Mines and Water. The Department was requested to comment on the proposed development with regards to the VMA. By letter dated 05 June 2001, they advised that: "the proposed development is exempt from requiring an approval to clear native vegetation under the provisions of the Vegetation Management Act.” 32. I understand that this is on the basis that the clearing is in an urban area, and is not mapped as an endangered regional ecosystem and has not been declared by the Minister an area of high native conservation value. 33. On the basis of the advice from the Department of Natural Resources and Mines that the Vegetation Management Act provisions do not apply, I understand that the statutory description and conservation status of the relevant regional ecosystems is not relevant or in dispute. 34. As part of the investigation I have undertaken on the site, I commissioned a comprehensive flora survey which was conducted in May 2004 (Andrew Small 2004). This work reviewed all relevant references and available data and undertook detailed surveys on site including both line intersect transects and area search quadrats, with general attributes scored including species presence/abundance, changes in floristic structure and integrity, introduced species, obvious evidence of disturbance and successional processes, forest structure (height, composition and general integrity) and flora species of conservation significance. 35. The Environmental Protection Agency Queensland Herbarium has mapped the vegetation of the property under the Vegetation Management Act 1999 (Queensland) and has described the vegetation as Regional Ecosystem (RE) 7.11.7 (complex notophyll vine forests using the Tracey/Webb designation). The Vegetation Management Regulation 2000 (Queensland) lists the conservation status of this RE under the VMA as being “not of concern at present”. Currently greater than 30% of the original extent of this community still remains and is well represented in protected area estates with approximately 27,000 hectares within in the Wet Tropics of Queensland World Heritage Area.

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36. This RE usually occurs on the moist foothills and uplands in the Cairns area on metamorphic derived yellow podzolics, however parts of this RE in the Barron Gorge are to be found on granite derived soils. The community is characterised by a number of deciduous canopy species, and typical signature canopy emergents include kauri pine (Agathis robusta), acacia cedar (Paraserianthes toona) and rose butternut (Blepharocarya involucrigera). 37. In total there are 215 records of species of conservation significance in the area recorded by HERBRECS, however this data list includes species in community types (eg mountain tops and sclerophyll woodlands) not represented in the Stoney Creek area and would not be found in notophyll vine forests. Twenty six species of flora of conservation significance (as listed under the schedules of the Nature Conservation (Wildlife) Regulation 1994) could be expected to be found in the in the habitats represented in the Stoney Creek area. 38. A systematic search of transects across the property identified two species of conservation significance, Rourea brachyandra (a vine) and Diplazium cordifolium (Athyriaceae - a fern). Rourea brachyandra (Connaraceae), is a liana of the upper canopy and was identified attached to a fallen tree branch. The vine was located in the western most section of the property, close to the World Heritage Boundary. Rourea brachyandra is listed as “rare” under schedule 3 of the Nature Conservation (Wildlife) Regulation 1994 (Queensland). 39. Stoney Creek is a known important habitat for the fern Diplazium cordifolium (the locality is specifically identified on the HERBRECS database), and this fern was identified in the riparian margin of this creek in the western precinct of the property. There is some imprecision in the locality of the observation as the location could not be GPS fixed, and the current demarcation of the streamline in relation to the digital cadastre database of the Cairns City Council is inaccurate. It is possible that the location is outside the boundary of the property in question. It is certainly away from the areas of disturbance of the proposed development. Diplazium cordifolium is listed under schedule 2 of the Nature Conservation (Wildlife) Regulation 1994 (Queensland) as “vulnerable” and is also listed as “vulnerable” on the schedules of the Environment Protection and Biodiversity Regulation 2000 (Commonwealth). 40. The vegetation of the property can be characterised broadly into four categories, with some areas of the site cleared. The specific elements that divide the categories are: general species composition; canopy height and dominant characteristic canopy species; frequency and abundance of successional and transgressive species; levels of disturbance related to past logging and access requirements; and presence/absence of introduced species. The four categories include: • tall complex notophyll vine forest; • notophyll vine forest with frequent successional and transgressive species; • notophyll/mesophyll vine forest; and • riparian/levee vine forest along Stoney Creek. 41. On the basis of presence of flora species of conservation significance as identified by Andrew Small in the field, the most significant flora habitat areas are the riparian and levee forests along Stoney Creek, and the complex notophyll vine forests of the western section of the lot. These areas have limited evidence of anthropogenic disturbance, have the highest diversity of species represented and generally are most characteristic of their community type.

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42. Of lesser value as a significant flora habitat area is the disturbed notophyll vine forest about the access track and clearing. However with ongoing successional processes well advanced and with minimal ongoing disturbance evident, this area provides opportunity for flora species of conservation significance to recruit successfully. 43. The vegetation about the access track, as mapped, has obvious evidence of recent disturbance (less than 50 years) through timber cutting, storm damage, and clearing of the access track. It is suspected that the clearing may have been the site of the original log dump (in the 1960s) prior to timber being hauled to the nearby sawmill at Stratford. 44. The site retains rainforest cover over most of the area, however this is fragmented by existing clearings and tracks. Cyclone damage is evident surrounding clearings, and along the degraded frontage, to Douglas Track Road. Continuous canopy cover is present through the western end of the site where it adjoins Barron Gorge National Park. 45. The property's frontage to Stoney Creek has a narrow band along the creek bank, with a distinct riparian character, dominated by Syzygium tierneyanum. There is an existing easement within the site adjacent the frontage to Stoney Creek. The easement precludes development and provides a riparian buffer to the creek. 46. As can be expected, introduced weeds including bamboo are concentrated under large canopy gaps. These are associated with past clearing and can be found along the existing, partially overgrown access track, along the frontage to Douglas Track Road and in several discrete clearings in the lower part of the site. There are no pest plants of any Class on any area of the property. 47. I note that subsequent to the planning application being lodged a survey of all trees larger that 20cm DBH has been undertaken. I note that the distribution of these trees allows a layout of the proposed resort in a similar layout as to the proposal. Fauna of Conservation Concern 48. Animals listed under the Environment Protection and Biodiversity Conservation Act 1999 which may occur in the locality containing the site include the following species: • Litoria rheocola (Common Mistfrog) • Nyctimystes dayi (Australian Lace-lid) • Litoria nannotis (Waterfall Frog) • Casuarius casuarius johnstonii (Southern Cassowary) • Pteropus conspicillatus (Spectacled Flying Fox) • Cyclopsitta diophthalma macleayana (Double-eyed Fig-parrot) Comment on Density and Layout of Proposed Development 49. I note that the proposed development Plan is indicative and that no particular density has been approved. As such I have considered the Plan as giving an indication and on the understanding that the actual layout of buildings will be determined on the basis of site constraints. In particular I assume that buildings will be site amongst tree 20cm DBH or greater. 50. The density of the resort in the western precinct is appropriate to the relatively undisturbed nature of the area, its proximity to the World Heritage Area and its value for fauna habitat connectivity.

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51. I understand that the central facilities area outlines on the Plan is indicative and that building will be sited around trees. The density of the central facilities area is appropriate given the previously disturbed nature of this area. Assessment of Impact on the Basis of Environmental Management Commitments 52. Any consideration of ecological impact must consider the potential to reduce impacts though mitigation measures (environmental management commitments) and as such below I outline my assumptions of mitigation strategies. 53. I understand that the proposal is based on achieving a high level of (if not best practice) ecological sustainability for the project. The proposed ecotourism resort relies on the maintenance of the rainforest and nestling the resort among the forest with minimal impacts to achieve its unique tourism character. 54. I understand that the intention is to retain the forest canopy. The location of buildings is to be handled by determining building envelopes for each structure to minimise impact on the canopy. Owing to the complex structure of the forest, relevance of the canopy and that the size of trunk does not necessarily reflect height, so this placement of buildings will be by sight on site. The actual density will be determined by the number of building envelopes created. The footprint of buildings will be minimised and configuration flexible to give opportunity for situating sensitively amongst the trees. Access to the lodges will be by boardwalk in most instances. 55. Within the context of the above general understanding I make the following assumptions as to the mitigation measures which will be adopted: a. For the resort, the building envelopes will be chosen on site to minimise the need for clearing. The total building envelope proposed (at this stage, it may reduce as planning proceeds) is 7500 m2 which is 21% of the block. b. The design criteria is to ensure the buildings nestle under the forest canopy. No tree larger than 20cm diameter at breast height (DBH) or that provides major contribution to canopy cover will be cleared for site development. c. There will be no disturbance of riparian vegetation. Buildings associated with the resort that will be located near riparian vegetation will be sited so as to avoid clearing canopy trees and any species of conservation concern. d. Other than for buildings, the lane way (access road) and pathways, shrubs, small trees, saplings and seedlings will be retained as they provide extensive soil protection properties and provide niche habitat and shelter to a range of fauna species. e. The road will remain a private road (community title) which allows a narrow “lane” rather than public road. It will be a total of a 5.5m width seal without cleared verges sections to allow passing. Further, the road will have a design other than traditional kerb and channel such that the rainforest floor will essentially remain at grade. I understand that the intention is to use shallow concrete lined spoon drains or coarse gravel runoff shoulders for drainage rather than concentrating stormwater flows. In this way the total footprint of disturbance of the road and its impact on runoff can be minimised.

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f. Parking for the resort and residents will be nestled in small clusters among existing trees in areas adjoining the access lane, rather than one large clearing. g. Services (electricity, water, sewage, telecommunications etc.) will be routed under the lane way and then under or alongside paths and boardwalks. The routeing of services will be designed to avoid trenching and the resultant cutting of horizontal surface roots of rainforest trees. Services will be suspended from low boardwalks or run across the ground surface (using suitable conduits and protection). h. With regard to site disturbance, the design and construction approach will protect existing trees and their buttress roots to ensure ongoing forest integrity. The species of any trees proposed to be cleared will be identified. No endangered, of concern or threatened tree species will be cleared as part of the development. i. Once constructed pedestrian or small service vehicle access only (golf buggy size) will be provided to each cabin/lodge/apartment. j. Tourism resort buildings will have gutterless eaves with rock filled collection trenches below the eve or where gutters are used the runoff will be dispersed onto the rainforest floor (indeed in some cases to under the buildings), to ensure that all rainfall that penetrates the canopy reaches the forest floor to percolate to the soil. This avoids concentrating stormwater into pipes and discharging it at some point. k. To minimise the foot print of disturbance some tourism accomodation will be two storey (note the roof will still be well below the rainforest canopy). l. All buildings will be of post and beam construction and as such there will be minimal earthworks and no cut/fill benching. The natural ground surface will remain as far as possible. m. The swimming pool will be located in a previously disturbed area and not involve clearing of primary rainforest trees. Backwash and overflow of the swimming pool waters will be directed to municipal sewage and not disposed of on site (to avoid impacts on the natural waters). n. There will be thorough erosion and sediment control, with a plan developed prior to construction. o. There will be ongoing weed control, with weeds identified and a plan for their control and if possible eradication developed. p. Mechanisms to avoid the introduction of weeds during construction will include: reduction of the use of fill needing to be brought onto site through the use of minimal roads and low level of site disturbance/ house pads etc.; ensuring that any fill brought on to site is weed free; and lack of use of any vegetative material containing weeds in erosion and sediment control (eg silt fences rather than hay bales etc.). q. A landscaping plan will be developed prior to construction which will involve planting native species to retain the ecological integrity of the site. The landscape plan will address rehabilitation of previously disturbed areas.

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Guidance for this rehabilitation will be sourced from the Wet Tropics Management Authority publication “Repairing the Rainforest”. r. Paths and boardwalks around the site will be low (generally less than 300mm above the ground surface) and without handrails (unless required for safety, e.g higher bridges), this will allow unimpeded movement around the site for Cassowaries and small ground dwelling mammals. s. Whilst there will be paths on site for visitors to appreciate the rainforest environment, there will be no guest or pedestrian access from the resort to the adjoining rainforest and world heritage area. t. Roadworthy vehicles will be restricted to the carpark and access lane. After construction, the only vehicle traffic through the site will be low power, slow and quiet golf buggy style vehicles for servicing lodges and carrying luggage etc. u. The aim for the resort is to achieve best practice ecotourism and the target is to achieve Advanced certification with Ecotourism Australia’s EcoCertification program. v. Sewage will be collected and pumped to the Cairns City Council sewage reticulation mains. w. Stormwater will in almost all cases be kept clean and uncontaminated, then dispersed onto the ground of the site such that the presence of infrastructure does not affect local soil moisture and groundwater. Car parks will use pervious surfaces to encourage infiltration. Any stormwater, which (after final design) it is determined must be discharged off site will have sedimentation collection and/or treatment systems and be discharged to Stoney Creek at an approved location (downstream most likely). In summary disturbance will be minimised so that natural drainage processes remain intact. x. No pets will be allowed on the resort. 56. I note that the above mitigation measures involve some environmental enhancements and my conclusions below take this into account. The removal of weeds from the previously disturbed area and replanting (amongst the proposed buildings) will results in a vegetation structure and floristics which better reflects the natural rainforest on site. Further, the bamboo as a dominant weed in some areas of the site creates a barrier to ground dwelling fauna movement, and as such its removal will allow fauna to move through the site. 57. I note that the above measures can be accepted commitments as the ownership and management of the site will remain with one entity (as apposed to if the site were to be residential land where there would be many owners and commitments regarding environmental management may nor be achieved (whilst covenants can restrict future development aspects, they rarely successful include ongoing active environmental management).

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Potential for Impact on the Sites Biodiversity 58. The retention of the canopy will minimise edge effects (changes in light, temperature and humidity regimes) and thereby continue to restrict opportunities for introduced species to recruit and spread. 59. The retention of the canopy will mean that the extensive root systems of large tree individuals will be retained and continue to provide important soil conservation measures. 60. Retention of large trees and subsequent canopy closure will require careful siting and infrastructure design requirements. 61. The water quality of Stoney Creek is highly dependent upon the stability of rainforest soils within the catchment. Disturbance of the soil without extensive erosion and sediment control measures will be detrimental to the general forest, and to the viability of Stoney Creek as habitat to endangered frog species in particular. Soil disturbance promotes introduction of weed species, restricts native species recruitment, alters critical mycchorrhizal interactions between plant roots and soil organisms and impacts on the nutrient and water uptake ability of rainforest plants. 62. The primary mitigation measure will be to ensure that the design of the structures (and roads) is sympathetic to the forest floor and avoids disturbance as far as possible (e.g. through raised buildings). 63. Shrubs, small trees, saplings and seedlings on the lot provide extensive soil protection properties and provide niche habitat and shelter to a range of fauna species. The minimalist clearing of normally considered “pest” species (such as Hornstedtia, Calamus, Macaranga etc) would enable some retention of the understorey nature of the existing community and to some degree continue to provide habitat niches. 64. I consider that as the proposed layout has the major buildings and human activity concentrated in the existing cleared and disturbed area and that the lower density is proposed in the precinct near the world heritage area and along the riparian corridor of Stoney Creek serves to conserve biodiversity on the site. 65. Overall, on the basis of: a. the retention of the rainforest canopy; b. retention of trees greater than 20cm DBH; c. retention of natural surface drainage; d. retention of surface roots of trees; and e. implementation of the other mitigation measures outlined in previous sections; that the essential ecological processes necessary to allow the biodiversity of the site to remain will be able to continue with minimal disturbance. Further I conclude that the overall biodiversity and integrity of ecosystem process of the site will be maintained, with only minimal temporary impacts during construction. Habitat Connectivity 66. The site is adjoining Barron River National Park (and Wet Tropics World Heritage Area), I note that the catchment of Stoney Creek is very steep and as is si at the beginning of the very steep Barron Gorge connectivity to the north is restricted. The

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railway line bisects the catchment from the remaining world heritage area, with a disturbance corridor further affected by the fill placement on the downhill side of the railway and by fire affected vegetation structure on the uphill side of the railway. Given this I topography and major disturbance in the upper catchment I conclude that the connectivity with the greater Wet Tropics World Heritage Area is somewhat restricted. See below for an image extracted from “Google Earth” which highlights the topography and railway line disturbance.

Steep sided Barron Gorge

RailwayRailway corridorcorridor disturbance.di t b

Proposed Resort Site

67. I note that the integrity of Stoney Creek as a riparian corridor is reduced by the existence of the road crossing at Douglas Track Road creating a barrier immediately downstream of the site and is constrained by the close proximity of Stoney Creek Road and adjoining houses of Red Bluff crescent and Glacier Road. See below for an image extracted from “Google Earth” which highlights the topography and railway line disturbance.

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68. I conclude that the overall connectivity from Wet Tropics World Heritage Area to nearby natural habitats is constrained by the level of habitat disturbance to the north and east of the site and t the south of the site and Stoney Creek. I note that there is a narrow riparian corridor along the bank of the Barron River, however connectivity to this is limited by the restricted riparian corridor along Stoney Creek (which is “squeezed” by the houses adjoining to the north and south. 69. Given the above I consider that (disregarding the role of the site itself) that the connectivity value between the wet tropics world heritage area and nearby natural habitats is limited. 70. In relation to the site, I consider that as the proposed development retains the rainforest canopy, does not disturb the riparian corridor and allows ground level connectivity that habitat connectivity through the site will largely unaffected. Potential for impact on the Wet Tropics World Heritage Area 71. I conclude that the world heritage values of the Wet Tropics World Heritage Area will not be affected. The basis for this conclusion is: a. The Wet Tropics Area is located upstream, the forest on site is undisturbed, weed free and has not carried a bush fire. b. Whilst adjoining the Wet Tropics World Heritage Area, there will be no disturbance of the world heritage area from the proposed resort and there will be a buffer of at least 8m in from the boundary with the world heritage area of no disturbance on the property. c. The Resort is less dense in the area adjoining the world heritage area, and an overall aim of maintaining the integrity of the forest canopy and maintenance of the majority of understorey vegetation, there is not expected to be any impacts from microclimate changes, weeds invasion or other structural disturbance of the forest in the world heritage area, Guests will not be allowed to enter the world heritage area from the property boundary. d. There will be no pets on the resort. e. The rainforest area to the west of the site along Stoney Creek is exceptionally rugged as an incised gulley and even intrepid guests (if they ignore signage, barriers and staff instructions) are not likely to stray very far into the World Heritage Area. f. Weeds will be controlled and only native species planted in the site’s landscaping and rehabilitation. g. Given its rainforested nature, the site is not prone to bushfire and it is highly unlikely that the development could in any way cause bushfire in the World Heritage Area. h. The site will be developed to allow fauna movement (particularly the Southern Cassowary) and to maintain fauna habitat. As such, I consider that there is little likelihood of affecting the integrity of ecological processes of the Wet Tropics World Heritage Area as a result of the proposal.

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Potential for impact on the Southern Cassowary 72. During my investigations I commissioned a survey undertaken by others (A Small). The survey involved over 7km of transects both spread across the site (parallel to Stoney Creek) and six transects targeting ridges and gullies. The survey looked for cassowary scats, Cassowary footprints or tracks, unusually dense conglomerations of seedling recruitment (where seed from earlier cassowary scats have germinated) and actual cassowaries. The survey found only one Cassowary scat (dropping) and no sign that the site is used frequently. 73. During community consultation with residents local community members reported that there have been no recent cassowary sightings. I note that Cassowaries would usually keep away from residential areas with dogs and there a number of dogs evident on adjoining properties. 74. From the single scat observed during the survey, the lack of clumpings of seedlings indicating earlier scats and as there were many species of cassowary food trees fruiting on the site at the time of the survey it can be concluded that the area is not within the core home range of cassowary(ies). The site could provide occasionally used habitat as part of the extended home range of one or more cassowaries. 75. The cassowary is an important species for the ecology and biodiversity of its rainforest habitat as is the major long distance dispersal agent for many species of rainforest trees with large fruit in the Wet Tropics. Cassowaries are mainly solitary with large home ranges up to several square kilometres and more marginal home ranges extending opportunistically (or perhaps seasonally) beyond this. Cassowaries are vulnerable to habitat fragmentation primarily as they result in seasonally available fruits and opportunistic omnivory to sustain individual birds within their (mostly exclusive) home ranges. Fragmentation of habitat can cause loss of important seasonally available resources. 76. The site contains an abundance of “cassowary fruit trees” including from the families Lauraceae, Myrtaceae, Sapotaceae and Elaeocarpaceae. 77. The primary cause of the decline of the cassowary is thought to be habitat loss and fragmentation, with over 80% of previous key habitat (existing prior to European settlement now cleared. Estimates of the southern population of the Southern Cassowary varies between 1500 and 2500. 78. I consider that the site has no direct link to cassowary habitat on its adjoining northeastern and eastern sides as they abut residential areas and as such whilst cassowaries may wander though the site, the site does not form a link between two areas of cassowary habitat and as such is not a vital corridor per se. 79. In summary, the site may be potential habitat for the Southern Cassowary. The site is not known to be within the home range of any individual Cassowary(ies). However it is possible that the site will be visited occasionally by Cassowary (ies) based in the nearby Barron Gorge National Park. 80. Residential development does have the potential to affect cassowary habitat. The Cairns Hillslopes is a location listed as known Cassowary habitat in the Species Recovery Plan (Queensland Parks and Wildlife Service, 2001). 81. The impacts on the Southern Cassowary will be minimised by the fact that the basic habitat including forest floor, canopy and fruit bearing trees will essentially remain.

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Crome and Moore (1988) suggest that cassowaries can tolerate some structural damage to their habitat and that an intermediate level of damage, particularly that which promotes high species diversity, may favour them. But they believe that there appears to be a threshold of damage beyond which cassowaries decline. I conclude that as the forest canopy will remain and owing to the lack of major barriers that Cassowaries will be able to move about the site and feed. 82. In my thirty years experience visiting and living in the wet tropics region I have personally observed many instances in forested residential developments and resorts in rainforest where cassowaries regularly move through the site or indeed use the areas as part of their usual home range; specific examples include South Mission Beach (Tam O’Shanter Point area) and Daintree Wilderness Lodge (Cow Bay). The proposed low pathways and dispersed spacing of the lodges will mean Cassowary movement will be mostly unimpeded through the site. 83. Concern was raised during the experts conclave that there is a potential conflict of human activity and cassowaries visiting the site. a. In areas where cassowaries have not been hand fed, the potential for cassowaries to “harass” humans is low. In most instances where a cassowary is quietly observed by humans the cassowary continues foraging and/or moving of its own free will. There are instances where cassowaries have become threatened and aggressive however these are rare where the observes have been quiet and passive. I note that this is not the case where cassowaries have been hand fed, the come to expect it and ca be quite aggressive in “encouraging” similar benefits from other humans they come across. I suggest it vital that there is no feeding of cassowaries on site and further that fruit sources (eg rubbish/compost bins etc. are not accessible. b. On the basis of the above I suggest that the potential for cassowaries harming humans on site is low provided staff and guests are informed of appropriate behaviours. c. I note numerous instances outlined above where cassowaries move through resorts, seemingly without being affected by the presence of humans. Obviously there must be a density of humans at which point a cassowary wandering through the forest would prefer to avoid the area. I know of no research into this area, however anecdotal evidence and my own experiences suggest that the densities of the proposed resort will allow cassowaries to move through the site although they would most probably avoid the denser congregation of humans and activity at the central facilities building (which is located in the previously disturbed area where there are no food resources anyway). 84. There are not expected to be any impacts from vehicular traffic as vehicle speeds on the internal road and access roads are quite slow and would allow driver collision avoidance. 85. Given the above considerations, I conclude that the Southern Cassowary has a population in the adjoining world heritage area and whilst the site is not thought to be within the home range of individuals currently, occasional forays onto the site by Cassowary(ies) from the adjoining Barron Gorge National Park are likely. Cassowaries will be able to move throughout the site and feed on available rainforest

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resources. As all major canopy trees (those above 20cm DBH), which include the most productive large fruiting species that comprise Cassowary food resources will remain, these food resources will be available for Cassowaries. With low boardwalks or ground level paths, there will be no physical barriers to movement. With the only onsite road being the narrow access lane, vehicle traffic will be very slow and roadkill extremely unlikely. Potential Impact on Rainforest Frogs 86. During my investigations I commissioned a survey of frogs in Stoney Creek undertaken by others (J Sargent) in which no evidence of the existence of the four target frog species was found using spotlighting, call play back and tadpole searches. The technique included searches of (and under) cobble and boulder, washing leaf litter, searching dry tributary drainage lines, along the creek banks and in dense underfoliage. 87. I note that the proposed ten metre setback ensures the riparian area of the high bank to the creek remains undisturbed. For approximately one quarter of the southern boundary of the site the high bank of Stoney Creek has been surveyed to be south of the boundary (i.e. outside the site), for almost the entire remainder of the southern side of the site the high bank lies within the proposed ten metre set back, however there is a short section at the eastern end of the southern boundary where the high bank lies on or one to two metres inside the proposed setback. 88. I suggest that it is prudent to consider the creek could potentially be habitat for the frogs and that the conservation of their habitat will be achieved by the ten metre setback of the proposed resort (from the site boundary, which results in 10-15 metre setback from the creek). 89. I note that the environmental mitigation measures will include little surface disturbance and good stormwater management to ensure the site has no effect on water quality of Stoney Creek and hence maintain the potential habitat value for the frogs. 90. In relation to the Waterfall Frog, the following is an extract from the species’ recovery plan (Northern Queensland Threatened Frogs Recovery Team, 2000). a. “Litoria nannotis occurred throughout the Wet Tropics Biogeographical Region between Paluma (190 01'S, 146012'E) and Mungumby Creek (150 42'S, 1460 16'E), north-east Queensland (McDonald 1992). No population declines have been observed in populations occurring below 400 m, but L. nannotis is now absent from most sites above this altitude…. L. nannotis inhabits fast-flowing streams around waterfalls and cascades in rainforest from 80-1300 m (McDonald 1992). Frogs are generally found on boulders beside or behind waterfalls, but may be perched on trees or litter beside streams (Liem 1974, K.R. McDonald pers. obs.). Tadpoles are found predominantly in fast flowing sections of the stream, attached to rocks (Richards 1992, K.R. McDonald pers. obs.)”

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91. The frog uses the stream habitat and adults and juveniles often form small groups in amongst large boulders behind waterfalls. The literature suggests that they are a true stream dwelling species unlikely to venture far from the waterway. Tadpoles are predominantly found in fast flowing sections of streams adhering to rocks. It has been reported that nocturnal activity of the waterfall frog can involve adults moving up to 15 metres from the stream amongst stream side vegetation. 92. Streams are the main habitat for the waterfall frog and gravid females and males with nuptial pads are found throughout the year. I conclude that the survey undertaken was conducted in a manner likely to find individuals should a thriving population exist. However despite the survey not finding any adults or tadpoles, it is prudent to conclude that it is likely that the Waterfall Frog does occur in Stoney Creek. 93. I consider that the impacts on the population from the proposed resort will minimal as there will be no disturbance of the creek or drainage lines and with strictly enforced best practice erosion and sediment control during construction and appropriate management of stormwater discharge there will not be any contributing pollution of the stream habitat. Further the retention of the riparian vegetation will ensure suitable riparian habitat remains. 94. In relation to the Common Mistfrog the following is an extract from the species’ recovery plan (Northern Queensland Threatened Frogs Recovery Team, 2000). a. “L. rheocola occurred in rainforests north of the Herbert River in the Wet Tropics Biogeographical Region from Broadwater Creek National Park (180 23'S, 1450 57'E) to Amos Bay (150 41'S, 1450 19'E) (McDonald 1992). No population declines have been observed in lowland rainforests below 400 m, but L. rheocola has disappeared from most sites above this altitude…. L. rheocola is usually found on rocks and vegetation near fast-flowing streams in rainforest from 0-1180 m. Tadpoles are found in swiftly flowing rainforest streams, clinging to rocks in riffles, torrents, and highly oxygenated pools (Liem 1974, pers. obs.).” 95. The Common Mistfrog is found in fast flowing streams in rainforest although usually found in slowing moving sections of these streams away from waterfalls. Individuals are often found on rocks, logs and in stream side vegetation. 96. Calling males and gravid females of the common Mistfrog have been observed throughout the year, and breeding activity has been observed in most months, except during cold winter nights. I conclude that the survey undertaken was conducted in a manner likely to find individuals should a thriving population exist. However, despite the survey not finding any adults or tadpoles, it is prudent to conclude that it is likely that the Common Mistfrog does occur in Stoney Creek. 97. The impacts on the population will be minimal, there will be no disturbance of the creek or drainage lines and with strictly enforced best practice erosion and sediment control during construction and appropriate management of stormwater discharge there will not be any contributing pollution of the stream habitat. Further the retention of the riparian vegetation will ensure suitable riparian habitat remains. 98. In relation to the Australian Lacelid Frog the following is an extract from the species recovery plan (Northern Queensland Threatened Frogs Recovery Team, 2000):

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a. “Nyctimystes dayi occurred throughout the Wet Tropics Biogeographical Region between Paluma (190 01'S, 1460 13'E) and Big Tableland (150 44'S, 1450 18'E), north-east Queensland (McDonald 1992, McDonald and Martin unpubl. data). No population declines have been observed in populations occurring in lowland rainforests below 300 m, but N. dayi is now absent from all sites above this altitude... N. dayi is restricted to rainforest and rainforest margins from 0-1200 m. In montane areas fast-flowing, rocky streams are preferred, but slower watercourses are also utilised. Adults are generally located on rocks and vegetation adjacent to the stream, though females have been found on large mossy boulders and tall vegetation some distance from the water (Czechura et al. 1987). Tadpoles are found clinging to, or sheltering under, rocks in torrents and riffles of fast flowing rainforest streams (Davies and Richards 1990).” 99. The Australian Lacelid Frog is found in rainforests and rainforest margins and is known to favour rock soaks, narrow ephemeral streams and rock outcrops in larger streams. It is also reported as having been found on rocks, boulders and vegetation in or adjacent to streams. Juveniles and females are rarely found and males call at night from rocks or low foliage along streams. 100. Peak breeding is reported as from October to April. The location of the Frog during non-breeding periods remains unknown. I conclude that the survey undertaken was conducted in a manner which may have found individuals should a thriving breeding population exist, yet as the survey was undertaken in October no definite conclusions can be drawn as to the absence of individuals during the survey. Given this, despite the survey not finding any adults or tadpoles, it is prudent to conclude that it is likely that the Australian Lacelid Frog does occur in Stoney Creek. The impacts on the population will be minimal, there will be no disturbance of the creek or drainage lines and with strictly enforced best practice erosion and sediment control during construction and appropriate management of stormwater discharge there will not be any contributing pollution of the stream habitat. Further the retention of the riparian vegetation will ensure suitable riparian habitat remains. 101. As an overall conclusion regarding the potential impact on stream dwelling rainforest frogs there are potential populations of the threatened species of frogs (Waterfall frog, Common Mist frog and Lace-eyed Tree frog) in the adjacent Stoney Creek. There will be no direct disturbance of their habitat in Stoney Creek as a result of the proposal. There is an esplanade and an easement of 10 m along the property boundary and the development will be above the high bank of the creek, as such the proposal is well back from the frog habitat. There will be no disturbance of drainage lines on the site and as such there is not expected to be any affects on the site’s drainage patterns. Further, stormwater will not be directly discharged to Stoney Creek, site development will not involve any major earthworks (no cut/fill for buildings owing to post and beam construction) and during construction best practice erosion and sediment control will be implemented to ensure no impacts on Stoney Creek. Potential for Impact on Other Fauna of Conservation Concern 102. The Spectacled Flying Fox is listed as least concern wildlife under the Queensland Nature Conservation (Wildlife) Regulation 2006 yet is listed as

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vulnerable under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. It roosts high in trees usually in camps (groups of up tens of thousands of individuals) in rainforest, swamps and mangroves. It is known throughout the Wet Tropics region. Whilst an important species to conserve in natural habitats it is considered a pest, particularly by orchardists, permits/licences are issued for limited control of the Spectacled Flying Fox and the Commonwealth minister for the Environment, has in past years determined that such control is unlikely to affect the population. 103. A specific survey for bats has not been undertaken on the site. However during site inspections the site does not form a major roosting site or “camp” for the Spectacled Flying Fox. The site may be used by the Spectacled Flying Fox for feeding on rainforest fruits in the forest canopy. I note that the site would form a very small proportion of available habitat for the Spectacled Flying Fox, and further that there is extensive suitable habitat in protected areas throughout the wet tropics region. 104. I conclude that the Spectacled Flying Fox may be present on the site and that as potential food resources and habitat will be mostly preserved through the retention of the rainforest canopy that the potential for a significant deleterious impact on individuals or any local population is low. 105. The Cyclopsitta diophthalma macleayana (Macleay’s Double-eyed Fig-parrot) is Australia’s smallest parrot. It is listed as vulnerable wildlife under the Queensland Nature Conservation (Wildlife) Regulation 2006. It lives predominantly in rainforest but will move to nearby woodland and urban areas. The literature on the Double-eyed Fig Parrot indicates that it feeds mainly on rainforest figs, some other rainforest fruit and nectar. It excavates it own nest, often in rotten tree trunks. A survey of the rainforest birds on site has not been undertaken and it would be difficult to comprehensively determine the presence or absence of the fig parrot through survey owing to the closed high canopy and the likelihood that any use of the site by fig parrot would be opportunistic when food is available. 106. I do not draw a conclusion as to the definite presence or absence of the Double- eyed Fig Parrot on the site. However, I note that the retention of the rainforest canopy and the maintenance of trees greater than 20cm DBH will retain the majority of potential food resources on the site in an almost intact habitat structure. I note that the site would form a very small proportion of available habitat for the Double-eyed Fig-Parrot, and further that there is extensive suitable habitat in protected areas throughout the wet tropics region. 107. I conclude that the Double-eyed Fig Parrot may be present on the site and that as potential food resources and habitat will be mostly preserved through the retention of the rainforest canopy that the potential for a significant deleterious impact on individuals or any local population is low. Conclusions relating to Grounds of Appeal 108. Regarding Ground of Appeal 1 (a) (i), requirements for maintaining biological diversity and essential ecological processes:

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a. There will be some temporary loss of understorey flora species during construction but following rehabilitation of areas and landscaping with native species the overall level of disturbance will remain within the assimilative capacity of the forest structure and processes of pollination, germination, seedling establishment and growth of shrubs, palms, ferns, vines and trees will continue. b. Regarding fauna, the existing suite of invertebrate and vertebrate species should remain and the necessary processes of feeding, shelter, mating and reproduction should be able to continue. Populations of fauna species should be able to remain viable on the site and have ongoing genetic and physical connectivity to populations in adjoining areas. c. The overall ecological processes of the water cycle, carbon cycle, nutrient cycle(s) and genetic exchange of populations of species should remain intact. The physical environment (particularly the microclimate within the forest) should remain similar. Geomorphological processes including the hydrological regime, surface runoff, erosion and sedimentation will remain essentially in their current natural state. d. As concluded above the biodiversity of the site will be retained and essential ecological processes will remain. The existing species composition and structure of the rainforest will remain (with the reduction of weeds serving to increase integrity). 109. Regarding ground of appeal 1 (a) (ii), requirements for maintaining riverine areas in their natural state. a. The riparian corridor along Stoney Creek is protected in two ways, firstly the actual creek lies in a reserve outside the property boundary, then in addition to this there is a ten metre set back. The high bank of Stoney Creek has been surveyed and is mostly within the ten metre setback. There are a few instances in gullies where the high bank lies within the property side of the 10 metre setback. b. The riverine (riparian) habitat is essentially between the two high banks of the creek and comprises the open rocky creek bed, the river banks and the areas of forested creek bank up to and including the high bank. c. As the proposed resort does not impact on the riparian area of Stoney Creek within and adjacent to the site there I conclude that there are no impacts on the Stoney Creek Riparian area. d. There are a number of other gullies of ephemeral watercourses on the site and these remain unaffected in the proposed design and layout of the resort. I therefore conclude that there will not be any effect on the riverine/riparian areas within the site. Further I conclude that the 10 metre set back almost entirely encompasses the high bank and therefore adequately protects riverine habitat. 110. Regarding ground of appeal 1 (a) (vi), the regional landscape of Stoney Creek and impacts upon Barron Gorge National Park. In accordance with my conclusion above regarding impacts on the Wet Tropics World Heritage Area (Barron Gorge National Park is a apart of the Wet Tropics World Heritage Area) I consider that there

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is little likelihood of affecting the integrity of ecological processes or existing biodiversity of Barron Gorge National Park as a result of the proposal. a. Regarding section 5.4.1.7 of the Strategic Plan (a) (ii), as the built form of the proposed resort will be entirely within the rainforest on the site (and specifically below and mostly covered by the rainforest canopy the development is unlikely to have an impact on the landscape of the locality and upon the regional landscape. b. Regarding section 5.4.1.7 of the Strategic Plan (a) (iii), as the built form of the proposed resort will be entirely within the rainforest on the site (and specifically below and mostly covered by the rainforest canopy the development is unlikely to cause shadowing of adjoining properties. c. Regarding section 5.4.1.7 of the Strategic Plan (a) (iv), as the built form of the proposed resort will be entirely within the rainforest on the site (and specifically below and mostly covered by the rainforest canopy the development is unlikely to cause impacts on loss of privacy or ambient breezes of adjoining properties. d. Regarding section 5.4.1.7 of the Strategic Plan (a) (v), the proposed development achives this matter as the built form of the proposed resort will be entirely within the rainforest on the site (and specifically below and mostly covered by the rainforest canopy. e. Regarding section 5.4.1.7 of the Strategic Plan (a) (vii), given the: the retention of the rainforest canopy; retention of trees greater than 20cm DBH; retention of natural surface drainage; retention of surface roots of trees; and implementation of the other mitigation measures outlined in previous sections; there will be minimal (and only temporary and reversible) impacts upon the natural environment. 111. Regarding ground of appeal 1 (b) (iii), in relation to key conservation aspects: a. Regarding Performance Measure P2 (of the CairnsPlan Vegetation Conservation and Waterway Significance Code), the proposed development will not fragment or alienate areas of conservation value through habitat retention on the site and the riparian corridor setback. b. Regarding Performance Measure P3, the proposed development (though the rainforest canopy and habitat retention) will retain the viability and habitat connectivity of areas of conservation value. c. Regarding Performance Measure P4 and Acceptable Measure A4.1, the proposed development is located in a manner which poses least threat to conservation values by concentrating the disturbance of the central facilities, road and carparking in the areas of existing disturbance and ensuring that the remaining area have intact rainforest canopy. The vegetation of the site is mostly maintained and the vital forest structure of the rainforest canopy will be retained. Clearing for buildings will be restricted to only those trees less than 20cm DBH in the footprint of buildings. Further, there will be no fences. d. Regarding Performance Measure P4 and Acceptable Measure A4.2, the proposed development ensures retention of all native vegetation apart from

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trees less than 20cm DBH within the footprint of proposed buildings. Vegetation of the site is mostly maintained and the vital forest structure of the rainforest canopy will be retained. e. Regarding Performance Measure P4 and Acceptable Measure A4.3, the proposed development will not damage the root zone as the development will not involve compaction, excavation or filling. f. Regarding Performance Measure P4 and Acceptable Measure A4.4, the proposed development will not affect the hydrological regime of the site, the proposal will not cause drainage or flooding of vegetation. 112. Regarding ground of appeal 1 (b) (iii), in relation to Riparian Corridors: a. Regarding Performance Measure P1 (of the CairnsPlan Vegetation Conservation and Waterway Significance Code) and Acceptable Measure A1.1 the proposed development is not within the riparian corridor. b. Regarding Performance Measure P1 and Acceptable Measure A1.2 I understand that the proposed ten metre set back will be declared a reserve or have a covenant placed on it. c. Regarding Performance Measure P1 and Acceptable Measure A1.3 the vegetation in the riparian corridor will be retained. d. Regarding Performance Measure P2, there are no degraded areas of the Stoney Creek riparian corridor on the site that need to be rehabilitated. 113. Regarding ground of appeal 2 (a) (a), the impact on biodiversity and conservation values and interconnectivity of habitats: a. On the basis of the conclusions reached above about the impact on biodiversity, the integrity of ecological processes, protection of riparian habitats, the conservation of the endangered frog and the Southern Cassowary and provided that the assumed mitigation measures are adopted I conclude that there will not be any long term irreversible impacts on biodiversity, conservation values and interconnectivity of habitats. 114. In regard to ground of appeal 2 (a) (b), the impact on riparian values and nature based recreation values: a. The development will not affect the riparian vegetation between the stream channel and the high bank. Through the measures to minimise effects on the hydrological regime and prevent erosion on site, the integrity of Stoney Creek will remain. As the proposed resort does not impact on the riparian area of Stoney Creek within and adjacent to the site, I conclude that there are no impacts on the Stoney Creek riparian area. b. With regard to any potential impact on nature based recreation values, the site is private property and as such there are no existing nature based recreation values on the site. There is no public access to the national park/ world heritage area to the west of the site and as such there is no impact on any nature based recreation values in the national park/ world heritage area. There may be some public use of the Stoney Creek stream bed and this will remain available for public use.

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115. In regard ground of appeal 3 (a) the site does contain intact rainforest communities as described above and the natural habitats for a range of flora and fauna species. However as described above the vegetation structure and floristics of the rainforest will remain essentially unaltered and as such there will still be vegetation connectivity between the Tablelands and the Barron River. 116. In regard to ground of appeal 3 (b) I have attended an experts conclave and the agreed species of conservation concern are: • Litoria rheocola (Common Mistfrog) • Nyctimystes dayi (Australian Lace-lid) • Litoria nannotis (Waterfall Frog) • Casuarius casuarius johnstonii (Southern Cassowary) • Pteropus conspicillatus (Spectacled Flying Fox) • Cyclopsitta diophthalma macleayana (Double-eyed Fig Parrot) 117. Regarding the potential impact on stream dwelling rainforest frogs I conclude that there are potential populations of the threatened species of frogs (Waterfall frog, Common Mist frog and Lace-eyed Tree frog) in the adjacent Stoney Creek. I conclude that there will be no direct disturbance of their habitat in Stoney Creek as a result of the proposal. There is an esplanade and an easement of 10 m along the property boundary and the development will be above the high bank of the creek, as such the proposal is well back from the frog habitat. There will be no disturbance of drainage lines on the site and as such there is not expected to be any affects on the site’s drainage patterns. Further, stormwater will not be directly discharged to Stoney Creek, site development will not involve any major earthworks (no cut/fill for buildings owing to post and beam construction) and during construction best practice erosion and sediment control will be implemented to ensure no impacts on Stoney Creek. 118. In regard to the Southern Cassowary I conclude that there is a population in the adjoining world heritage area and whilst the site is not thought to be within the core home range of individuals currently, occasional forays onto the site by Cassowary(ies) from the adjoining Barron Gorge National Park are likely. Cassowaries will be able to move throughout the site and feed on available rainforest resources. With low boardwalks or ground level paths, there will be no physical barriers to movement. With the only onsite road being the narrow access lane, vehicle traffic will be very slow and roadkill extremely unlikely. Given the retention of canopy trees species that comprise cassowary food trees, there will be ongoing food resources on the site. 119. I conclude that the Double-eyed Fig Parrot may be present on the site and that as potential food resources and habitat will be mostly preserved through the retention of the rainforest canopy that the potential for a significant deleterious impact on individuals or any local population is low. 120. I conclude that the Spectacled Flying Fox may be present on the site and that as potential food resources and habitat will be mostly preserved through the retention of the rainforest canopy that the potential for a significant deleterious impact on individuals or any local population is low. 121. Regarding ground of appeal 3 (c) and in accordance with my conclusion above regarding impacts on the Wet Tropics World Heritage Area (Barron Gorge National Park a apart of the Wet Tropics World Heritage Area) I consider that there is little

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likelihood of affecting the integrity of ecological processes or existing biodiversity of Barron Gorge National Park as a result of the proposal. Issues Raised By Meeting of Environmental Experts 122. In relation to Cassowaries, Martin Cohen had concern regarding cassowaries and human interactions at the site and cited instances in the aftermath of cyclone Larry. I concur that the massive loss of habitat has caused distress to cassowaries in the Innisfail to Mission Beach are following Cyclone Larry. During such a time individuals are moving around looking for shelter from predators (including dogs) and for food resources. I was in the Mission Beach area in the aftermath of cyclone Winifred in 1986 and Cape Tribulation after cyclone Rona in 1999. In these areas where there is an extant population of many individuals the destruction of habitat causes much movement for foraging for food into urban areas until the rainforest recovers somewhat and usual home ranges of individuals within natural habitat become re-established. I do not consider that these instances of animals under duress directly relate to the behaviour of the individual cassowary(ies) that may visit the proposed resort in normal circumstances. 123. In relation to rainforest frogs the survey was taken at a time of year that the literature suggests breeding individuals may be found and the presence of tadpoles could be expected. Notwithstanding a survey which found no individuals of any species I have drawn a prudent conclusion that the three frog species of concern may inhabit the area. As such Martin Cohen’s concerns regarding the time of year of survey are irrelevant. 124. Martin Cohen has suggested that a twenty metre setback is required for the protection of frog habitat. The literature suggests that the Waterfall Frog occurs up to fifteen metres from the stream, the Common Mist Frog on stream side vegetation and the Australia Lacelid Frog on vegetation in or adjacent to the stream. I have reviewed the site boundary, creek bed and high bank and from the surveyed location of the high bank I have concluded that the actual stream itself is from five to ten metres outside the boundary of the site and as such the ten metre setback from the boundary is more than adequate for the Common Mist Frog and Australian Lacelid frog and appropriate for the Waterfall Frog. Further I consider it highly unlikely that these species will much beyond the high bank and as there is no development proposed below the high bank, the impact on frogs is adequately protected by the ten metre setback and does not need a twenty metre setback. 125. Peter Stanton has concerns regarding buildings reducing the intactness of the canopy. I consider that provided the buildings are sited so as to ensure that all trees greater than 20cm DBH remain, that the canopy will remain intact. Further I feel that the presence of intact mid storey rainforest trees and saplings between the buildings will provide for recruitment into canopy gaps caused by tree death. Peter proposed a setback of twenty five metres from the Wet Tropics World Heritage Area boundary is required to ensure that canopy of the Area remains unaffected. I consider that provided the canopy of the site remains intact (which I consider it will as all structural trees greater than 20cm DBH will remain) then this is not required.

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Overall Conclusion Regarding Impacts on Biodiversity, Species of Conservation Concern 126. I consider that the overall mitigation strategies and layout of the resort maintains the rainforest canopy in an intact state, that cassowaries will still be free to move through the forest and feed on availalble resources and that the present setback from Stoney Creek is adequate to protect the rainforest frogs and that as such there will not be adverse impacts on the endangered species (the Southern Cassowary, the rainforest frogs) and the Wet Tropics World Heritage Area Information Sources and Informants 127. In developing this report and reaching the above conclusions I have referred to the following documents: a. “Stoney Creek Road Development, Flora Survey Report” an unpublished report by Andrew Small of GHD provided to EcoSustainAbility. b. “Cassowary and Listed Frog Surveys, Stoney Creek” an unpublished report by Andrew Small and Jemma Sargent of GHD provided to EcoSustainAbility. 128. In developing this report I have relied on the field work of and reporting by: a. Andrew Small BSc (Ecol), DipBMM (Smithsonian).Andrew is a Principal Ecologist with over 20 years experience in fauna and flora habitat assessment and in natural resource planning and management. His major areas of expertise include fauna and habitat assessment, flora/regional ecosystem surveys/mapping, land management and resource monitoring and restoration ecology. His expertise has been recognised through his appointment to the Smithsonian Institute Biodiversity Monitoring and Inventory Team (for UNESCO) and he has subsequently undertaken a diversity of national and international high profile projects. He has a long association with the implementation of habitat assessment projects and in the establishment of monitoring protocols of the trend and condition of habitat values. His experience has encompassed a range of fauna/flora biodiversity management issues throughout northern Australia, the south- west Pacific, south-east Asia and the Americas. The majority of this work has related to the development of management strategies for a wide range of vegetation and fauna habitat assessment and monitoring protocols including within World Heritage Areas. He has previously been Chair and Deputy Chair of the Commonwealth Natural Heritage Trust North Queensland Regional Assessment Panel and on the Executive of the Queensland Natural Heritage Trust State Assessment Panel. He is currently a Director of the Australian Tropical Research Foundation (AUSTROP) and is also on the Board of the Wildlife Conservancy of Tropical Queensland and Chair of the Scientific Advisory Committee to the Conservancy. b. Jemma Sargent (manager Aquatic sciences and Manager Environmental and Planning Services with GHD) Jemma is a Principal Scientist with over thirteen years experience specialising in environmental impact assessments and terrestrial, marine and aquatic ecosystems. She has a Bachelor of Science degree and post graduate qualifications in applied statistics and information systems. She has managed a number of large-scale ecological projects including a million dollar, five-year monitoring program of the

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experimental environmental flows on the Hawkesbury-Nepean River and seven years monitoring macroinvertebrates and diatoms in Hornsby Shire. She has knowledge and experience in the design of large scale monitoring projects and the survey, identification and analysis of terrestrial, marine and aquatic flora and fauna, ecosystems and water quality . These include: large scale surveys of mammals, frogs, bats macroinvertebrates, diatoms, macrophytes, macroalgae fish and seagrass surveys, water quality, and terrestrial, freshwater, marine and estuarine habitat assessments. She is experienced in the identification of terrestrial, aquatic and marine flora and fauna to family, genus and species levels. Jemma has undertaken terrestrial, marine and aquatic ecological studies and resource assessments for government, mining, property and transport industries. Intellectual Property 129. This document remains the property of EcoSustainAbility, copyright and ownership of the intellectual property contained in the report remains with EcoSustainAbility unless otherwise agreed. Unauthorised use, distribution, copying or dissemination of this document in any form whatsoever is prohibited. The content of this report should be read in the context of the scope of consulting services, the purpose of the document and the information supplied by the client. The report does not constitute legal or engineering advice. Declaration 130. I declare that I have made all the inquiries which I believe are desirable and appropriate and that no matters of significance which I regard as relevant have, in my knowledge been withheld from the court.

______Guy Chester _____/______/2007

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Appendix One – Further Details Regarding Experience In regard to my knowledge of rainforest biodiversity and conservation, I: a. Was the inaugural Manager Planning for the Wet Tropics Management Authority and developed the first planning document for the Wet Tropics of Queensland, the award winning “Wet Tropics Plan: Strategic Directions. During this period I oversaw major investigations and analysis of the conservation of biodiversity and endangered species of the wet tropics. Further, I developed the initial Draft Wet Tropics Management Plan approved by the joint Queensland/Commonwealth Wet Tropics Ministerial Council. b. I was appointed to the Governing Board of the Tropical Rainforest Ecology and Management Cooperative Research Centre (Rainforest CRC) and during this time oversaw two of the centre’s research programs. c. I was appointed Director Business Development for the Rainforest CRC and the Australian Tropical Rainforest Institute, for which I have managed major national level and international level projects and represented these organisations at an international level. A thorough knowledge of rainforest conservation and ecologically sustainable development in tropical rainforest environments is a fundamental to undertaking these roles. d. As a consultant I have managed and been the major author of many projects relating to tropical rainforest conservation, including: i. The Daintree Futures Study (commissioned by the joint Queensland/Commonwealth Wet Tropics Ministerial Council). ii. Lorentz World Heritage Area, Papua Province, Indonesia world heritage management training program where 15 park mangers and indigenous lands owners were brought to Cairns for an intensive month long training course. iii. Lorentz World Heritage Area Strategic Plan, Papua Province, Indonesia (commissioned by the Commonwealth Department of Environment and Heritage and Wet Tropics Management Authority for the project undertaken in association with AusAid and the Indonesian Government, Lorentz has similar biodiversity to the wet tropics). iv. Central Eastern Australia Rainforest Reserves World Heritage Area Monitoring Strategy (commissioned by the CERRA Management Board). v. Various projects in the Wet Tropics World Heritage Area. vi. Various other professional experience in tropical rainforest conservation and management in the Northern Territory, China, Malaysia, Indonesia, India, Fiji. In regard to my knowledge of tropical rainforest endangered species (including the Southern Cassowary and Rainforest Stream Dwelling frogs, I: a. Recently completed the Cairns Northern Beaches Wildlife Management Plan (for the Queensland Environmental Protection Agency), addressing the area

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from the Barron River to Ellis Beach, i.e. immediately adjacent to the subject property. b. Undertook the initial planning for the Wet Tropics Management Authority to understand the spatial extent, habitat conservation requirements and threatening process for all the vertebrate species of conservation concern (endangered) in the wet tropics. c. Have undertaken a variety of consulting projects addressing Cassowary conservation including work in the Daintree lowlands and Mission Beach (both prime cassowary habitat). d. Have field experience in the survey and identification of stream dwelling rainforest frogs, including research under a grant from the Peter Rankin trust fund for Herpetology and being the co-collector of the type specimens of the Eungella Gastric Brooding Frog (Rheobatracus vitellenus) in 1982. In regard to my knowledge of world heritage area and national park management and habitat conservation for species of conservation concern, I: a. Have worked professionally in twelve world heritage areas in Australia, China, Indonesia and Malaysia. b. Have worked at the field management level as a ranger in Kakadu National Park. c. Have undertaken planning (both proposing new and managing existing) for National Parks in the Northern Territory, Queensland (Wet Tropics and Great Barrier Reef). d. Have prepared overall management planning documents for the Wet Tropics World Heritage Area in Queensland and Lorentz World Heritage Area in Indonesia. e. Have prepared an overall monitoring strategy for the Central Eastern Australia Rainforest Reserves World Heritage Area requiring an understanding of all aspects of landscape, habitat and species conservation (including threatening process) to develop indicators for successful management. f. Recently acted as a consultant advisor to the Wet Tropics Management Authority on the priorities for freehold land purchase under the Daintree Rescue Package. In regard to my knowledge of ecologically sustainable development in the Wet Tropics World Heritage Area, I: a. Recently acted as a consultant advisor to the Wet Tropics Management Authority on the priorities for freehold land purchase under the Daintree Rescue Package. b. Recently provided a set of guidelines for ecologically sustainable development of residential sites in the Daintree area which was recently adopted by the Douglas Shire Council as their model planning approval conditions.

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c. Managed the development of siting and design guidelines for development within the Wet Tropics World Heritage Area. d. Was the inaugural chair of the Daintree Planning Coordination Committee, which led to the Daintree Rescue program. e. Was a major author of the Daintree Futures Study addressing potential sustainable development of the Daintree lowlands (both cassowary and frog habitat). f. Have undertaken major environmental impact assessment studies and provided specialist advise on projects such as roads in cassowary habitat at Mission Beach, the Kuranda Range Road (on the opposite side of the Barron River Gorge to the project site) and the proposed Daintree Powerline Environmental Impact Assessment Study. g. Developed the Roads in Tropical Forests – Best Practice Manual (for Queensland Department of Main Roads), initially in 1997 and have recently completed a major revision (in press). In regard to my knowledge of best practice ecotourism and sustainable tourism development, I: a. was the inaugural Vice President of the Ecotourism Association of Australia; b. was a co-author of the National Ecotourism Accreditation Program, was on the management committee and co-authored subsequent revisions; c. was co-author of the Mohonk Agreement (an international agreement supported by organisations from over 50 countries as to the definition of best practice ecotourism and sustainable tourism); d. was co-author of the Green Globe International Ecotourism Standard, a certification program for ecotourism worldwide; e. was author of the latest version of the Green Globe Company Standard, a certification program for ecologically sustainable tourism worldwide; f. am currently appointed as an ecotourism auditor by Ecotourism Australia; g. am currently appointed an ecotourism and sustainable tourism auditor by Green Globe and have conducted audits in Australia, Fiji, China and Chile; h. am currently appointed an ecotourism and sustainable tourism trainer by Green Globe and have conducted training in Australia, Fiji, Papua New Guinea, Vanuatu, Samoa, China and Chile; and i. have provided advice on best practice ecotourism for the development of ecotourism projects in China, India, Indonesia, Malaysia, Papua New Guinea, Vanuatu, Fiji, Samoa, Chile and Australia (including in the wet tropics region).

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Cairns Rainforest Resort – EPBC Further Information

Appendix 3

Flora Report

13 August 2007 Solutions for Success

Rainforest Estate Lot 1 RP804194, Douglas Track Road Flora Study

25 June 2004

Flora Study: Lot 1 RP804194, Douglas Track Road

1 Introduction ...... 3 1.1 Background...... 3 2 Methodology ...... 5 2.1 Location ...... 5 2.2 Review of Background Data ...... 5 2.3 Field Surveying...... 6 3 Survey Findings ...... 7 3.1 Background Data Review ...... 7 3.2 Field Surveys ...... 11 3.3 Vegetation Integrity...... 15 4 Assessment ...... 18 4.1 Flora Assessment ...... 18 4.2 Legislative Requirements...... 19

EcoSustainAbility Pty Ltd Cairns Office Mobile 61 (0)407 391211 Phone 61 (0)7 40558132 Fax 61 (0)7 40558142 [email protected] PO Box 230 Yorkeys Knob QLD 4878 Australia Fiji Contact Phone 679 3314925 Fax 679 330 5510 PO Box 12499 Suva, Fiji ACN 098560126:

© EcoSustainAbility 2004 COMMERCIAL IN CONFIDENCE This document remains the property of EcoSustainAbility until all invoices relating to our consulting services for this project are fully paid. Copyright and ownership of the intellectual property contained in the report remains with EcoSustainAbility unless otherwise agreed. Unauthorised use, distribution, copying or dissemination of this document in any form whatsoever is prohibited. The content of this report should be read in the context of the scope of consulting services, the purpose of the document and the information supplied by the client. The report does not constitute legal or engineering advice.

25 June 2004 2 Solutions for Success

Flora Study: Lot 1 RP804194, Douglas Track Road

1 Introduction

1.1 Background

EcoSustainAbility was commissioned by EdgeArchitecture to undertake a flora study for Lot 1 RP804194, Douglas Track Road. 1.1.1 The Proposal There is a proposal to develop the lot to include a low density tourism resort, a residential area (.78 hectares), multi units (.56 hectares) and parkland (.33 hectares). Road access is expected to occupy .33 hectares. Figure 1 below is the indicative concept layout.

Figure 1: Proposed Layout Plan

The actual boundaries of the residential lots 1-8 will be confirmed after creating the preferred building envelopes. The building envelopes will be determined by selecting the area with least tree density and least reduction of the tree canopy. It is expected that most buildings on the residential lots will involve above ground construction (e.g Pole Homes etc.). However it is not proposed to predetermine this, rather these houses would retain a flexibility in building design within the building envelope. The intention of the design strategy is to maintain the natural hydrological flows over the site wherever possible. Apart from the access road all other structures of the resort will be raised off the ground to allow water flow and smaller fauna to pass under.

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Flora Study: Lot 1 RP804194, Douglas Track Road

The intention is to retain the forest canopy. The location of buildings is to be handled by determining building envelopes for each structure (lodge) to minimise impact on the canopy. Owing to the complex structure of the forest, relevance of the canopy and that the size of trunk does not necessarily reflect height, so this placement of buildings has to be by sight on site. The actual density will be determined by the number of reasonable building envelopes created. The footprint of buildings will be minimised and configuration flexible to give opportunity for situating sensitively amongst the trees. Access to the lodges will be by boardwalk in most instances. Currently the allotment is heavily forested, and fronts Stoney Creek. This current report is based on field work and desktop data reviews undertaken in May 2004 based on the concept plan and a surveyed topographical plan. Field work was undertaken by Andrew Small (GHD), with the editing and final preparation of this report by Guy Chester (EcoSustainAbility). 1.1.2 Study Scope This report has been prepared in accordance with the requirements of Cairns City Council (and various referral agencies). The Cairns City Council’s requirements which this report addresses are: • The location of significant vegetation on the subject land, including all vegetation proposed to be retained and all vegetation to be removed, and whether any rare or threatened vegetation exists on the subject land. Any significant vegetation located on proposed allotment boundary lines or within possible building envelopes should be clearly indicated. • Extent of proposed vegetation disturbance in order to accommodate service (sic services) on the subject land. • Indication of any noxious weeds or plants that may exist on the subject land. • Measures to protect riparian areas adjacent to gullies, including proposed conservation measures for any riparian vegetation. • Measures to prevent the introduction, or mitigate the spread of pest weeds. 1.1.3 Study Approach This report addresses the following aspects: • Details results of background data reviews including regional ecosystem mapping under the Vegetation Management Act 1999. • Provides maps and text describing location of significant vegetation on the land in relation to the proposal in the concept layout provided. • Analyses any threatened vegetation that may exist on the lot, and includes an assessment of flora species that may be listed on the schedules of the Nature Conservation (Wildlife) Regulation 1994 (Queensland) and the schedules of the Environment Protection and Biodiversity Regulation 2000 (Commonwealth). • Identifies requirements to secure approvals necessary to disturb, interfere or remove with protected flora species. • An assessment of introduced flora species on the property, with particular emphasis on weeds declared under Queensland legislation. • Identifies possible mitigation methodologies, based on information supplied in the concept layout.

25 June 2004 4 Solutions for Success

Flora Study: Lot 1 RP804194, Douglas Track Road

2 Methodology

2.1 Location

The study site, Lot 1 RP804194, is located on the western side of Douglas Track Road, north of Stoney Creek in the Rainforest Estate subdivision, Barron Gorge. The lot is approximately 5.7 hectares in area, bounded on the east by Douglas Track Road, to the south by lot 32 RP804194 (which is includes all of Stoney Creek), to the west by the Barron Gorge National Park (within the Wet Tropics of Queensland World Heritage Area). The majority of the northern side of the property is bounded by lot 19 RP804194 but smaller lots 51, 50 and 49 (all RP899694) bound the north-eastern side of the lot. Figure 2 shows the location of the study site in relation to surrounding properties and Stoney Creek.

Figure 2: General Location of Proposal

2.2 Review of Background Data

Background data was obtained from a number of sources and included: • Queensland Herbarium HERBRECS database; • Department of Environment and Heritage (Commonwealth) On Line Protected Matters Search Database; • Queensland Environmental Protection Agency Regional Ecosystem Mapping, version 4.0, for remnant vegetation of North Queensland; • Schedules of the Nature Conservation (Wildlife) Regulation 1994 (Queensland)

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Flora Study: Lot 1 RP804194, Douglas Track Road

• Schedules of the Vegetation Management Regulation 2000 (Queensland) • Schedules of the Environment Protection and Biodiversity Conservation Regulation 2000 (Commonwealth). • Wet Tropics Mapping Project, Stanton P.J. and Stanton D., Kuranda map sheet and notes 2000 • FNQ 2010 Biodiversity Remnant Mapping, Small A. 1999, Dept of Local Government and Planning and Greening Australia. The background data was reviewed and information pertinent to the proposal was noted. The field survey to a large extent was based on confirming the conservation status of the vegetation and regional ecosystem mapping of the site, and to verify the presence or absence of any flora species of conservation significance that were likely to occur on site as identified in resource literature.

2.3 Field Surveying

Field surveying was undertaken May 2004. The following were the specific aims of the fieldwork: • identification of flora species and vegetation of conservation significance; • significant flora habitat areas; • general vegetation community habitat integrity, resilience and contribution to ecological processes; • GPS reference localities for all of the above; and • identify possible mitigation methodologies.

GPS references were entered into a GIS program (MapInfo) and the subsequent information was overlain on the surveyed topographical map and the Cairns City Council DCDB. Exact fixes from the GPS were difficult owing to the generally tall and closed nature of the canopy, and the resultant boundaries as shown in Figure 5 may vary slightly. Surveys were undertaken using both line intersect transects and area search quadrats, with general attributes scored including species presence/abundance, changes in floristic structure and integrity, introduced species, obvious evidence of disturbance and successional processes, forest structure (height, composition and general integrity) and flora species of conservation significance.

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Flora Study: Lot 1 RP804194, Douglas Track Road

3 Survey Findings

3.1 Background Data Review 3.1.1 Bioregional Ecosystems The Environmental Protection Agency Queensland Herbarium has mapped the vegetation of the property1 under the Vegetation Management Act 1999 (Queensland) and has described the vegetation as Regional Ecosystem (RE) 7.11.7 (complex notophyll vine forests using the Tracey/Webb designation). The Vegetation Management Regulation 2000 (Queensland) lists the conservation status of this RE under the VMA as being “not of concern at present”. Currently greater than 30% of the original extent of this community still remains and is well represented in protected area estates with approximately 27,000 hectares within in the Wet Tropics of Queensland World Heritage Area. This RE usually occurs on the moist foothills and uplands in the Cairns area on metamorphic derived yellow podzolics, however parts of this RE in the Barron Gorge are to be found on granite derived soils. The community is characterised by a number of deciduous canopy species, and typical signature canopy emergents include kauri pine (Agathis robusta), acacia cedar (Paraserianthes toona) and rose butternut (Blepharocarya involucrigera). Figure 3 is an extract from Version 4.0 of the Bioregional Mapping compiled by the Queensland Herbarium. The data was compiled at a scale of 1:100 000, and at larger scales (such as property management scales) requires site investigations to confirm the accuracy and delineation of the community, as well as any site-specific floristic associations that may exist. For example, Stoney Creek is included within the broad description of the RE as 7.11.7, however the riparian margins and levees are more typically of mesophyll vine forest structure, but are at a scale too small to map under the RE mapping.

Figure 3: Regional Ecosystem Mapping

1 Vegetation mapping by EPA compiled from Stanton and Stanton Wet Tropics Mapping Project (2002) and FNQ 2010 Biodiversity Mapping (Small, 1999), and is presented by EPA as Version 4.0 of the VMA mapping.

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Flora Study: Lot 1 RP804194, Douglas Track Road

3.1.2 Flora of Conservation Significance The large extent of the community type in the Cairns area, and the broad range of microhabitats represented in this community has resulted in a very wide range of flora species of conservation significance being recorded for the this vegetation type. A search of the Queensland Herbarium database (HERBRECS) for the area of the property for species protected under the Nature Conservation Act 1992 (Queensland) and listed under the schedules of the Nature Conservation (Wildlife) Regulation 1994 (Queensland) is listed below. Many of these species are widely dispersed across the extent of the community, never being particularly well represented in any given area, although there are some species (such as Archidendron lucyi) that have found their way into horticulture and are frequently encountered in the Cairns area. In total there are 215 records of species of conservation significance in the area recorded by HERBRECS, however this data list includes species in community types (eg mountain tops and sclerophyll woodlands) not represented in the Stoney Creek area and would not be found in notophyll vine forests. Twenty six species of flora of conservation significance (as listed under the schedules of the Nature Conservation (Wildlife) Regulation 1994 ) could be expected to be found in the in the habitats represented in the Stoney Creek area. These species are listed in Table 1.

Table 1: Species Listed under Queensland Legislation

Family Botanical Name Status2

Annonaceae Pseuduvaria mulgraveana var. glabrescens Jessup Rare

Apocynaceae Parsonsia lenticellata C.T.White Rare

Asclepiadaceae Marsdenia araujacea F.Muell. Presumed extinct

Aspleniaceae Asplenium wildii F.M.Bailey Vulnerable

Athyriaceae Diplazium cordifolium Blume Vulnerable

Athyriaceae Diplazium pallidum (Blume) T.Moore Endangered

Connaraceae Rourea brachyandra F.Muell. Rare

Euphorbiaceae Cleistanthus discolor Summerh. Rare

Euphorbiaceae Macaranga polyadenia Pax & K.Hoffm. Rare

Euphorbiaceae Sauropus macranthus Hassk. Rare

Hymenophyllaceae Crepidomanes pallidum (Blume) K.Iwats. Rare

Lycopodiaceae Huperzia dalhousieana (Spring) Trevis. Endangered

Lycopodiaceae Huperzia filiformis (Sw.) Holub Endangered

Lycopodiaceae Huperzia phlegmaria (L.) Rothm. Rare

Orchidaceae Eria dischorensis Schltr. Rare

Orchidaceae Spathoglottis paulinae F.Muell. Rare

Orchidaceae Spathoglottis plicata Blume Vulnerable

Pandanaceae Pandanus gemmifer H.St.John Rare

Poaceae Centotheca philippinensis (Merr.) C.Monod Rare

Poaceae Ichnanthus pallens var. majus (Nees) Stieber Rare

2 As listed under the schedules of the Nature Conservation (Wildlife) Regulation 1994

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Family Botanical Name Status2

Rhamnaceae Gouania australiana F.Muell. Rare

Rubiaceae Randia audasii C.T.White Rare

Sapindaceae Sarcotoechia villosa S.T.Reynolds Rare

Symplocaceae Symplocos stawellii var. montana C.T.White Rare

3.1.3 Environment Protection and Biodiversity Conservation Act 1999 Protected Matters On-line Database A search was undertaken on the Department of Environment and Heritage EPBC Protected Matters on-line database for any flora species or protected vegetation communities listed on the schedules of the Environment Protection and Biodiversity Conservation Regulation 2000 (Commonwealth) that are known, are likely to occur in the nominated search area. The search was bounded by the coordinates -16.87173,145.66622, -16.87675,145.66622, - 16.87675,145.67097, -16.87173,145.67097. Figure 4 below illustrates the boundaries of the search.

Figure 4: Bounds of EPBC Protected Matters Search

The summary for the matters of national significance is as follows (see Table 2).

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Table 2: Summary of Matters of National Significance

Matter

World Heritage Properties 1

National Heritage Places None

Wetlands of International Significance: None (Ramsar Sites)

Commonwealth Marine Areas: None

Threatened Ecological Communities: None

Threatened Species: 20

Migratory Species: 12

Three of the threatened species are birds, five are frogs, four are mammals and eight are plant species. Fauna studies were not specifically a component of this report, however Stoney Creek is listed as critical habitat to endangered frog species (in their relevant Species Recovery Plans), and the southern cassowary has been sighted in the area. Migratory species were excluded from consideration in this report. No threatened ecological communities are listed. The Commonwealth protected plant species on the protected matters report are listed below.

Table 3: Plant Species listed on the Schedules of Commonwealth Legislation

Family Botanical Name Status3

Athyriaceae Diplazium cordifolium Blume Vulnerable

Araliaceae Polyscias bellendenkerensis (Bailey) Philipson Vulnerable

Euphorbiaceae Sauropus macranthus Hassk. Vulnerable

Lycopodiaceae Huperzia filiformis (Sw.) Holub Endangered

Orchidaceae Dendrobium superbiens H.G.Reichb. Vulnerable

Orchidaceae Phalaenopsis rosenstromii Bailey Endangered

Orchidaceae Zeuxine polygonoides (F.Muell.) Cribb Vulnerable

Rubiaceae Hodgkinsonia frutescens C.White Vulnerable

3 As listed under the schedules of the Environment Protection and Biodiversity Regulation 2000

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Flora Study: Lot 1 RP804194, Douglas Track Road

3.2 Field Surveys 3.2.1 Regional Ecosystem Mapping and Description A specific flora field survey was undertaken over the property in May 2004. Notes were taken on species present, presence/absence of species of conservation significance, forest structure and integrity, and any additional attributes that may be related to mitigating potential impacts on site. The regional ecosystem designation of the vegetation as RE 7.11.7 under the Vegetation Management Act was confirmed in the field. The ground truthing through the survey generally agreed with the designation of this community as a notophyll vine forest as mapped by the EPA. The was some slight variation along the riparian verges of Stoney Creek and adjacent levees where some mesophyll vine forest elements were more dominant. The only characteristic element of this community lacking was the absence of kauri pine (Agathis robusta) as an emergent in the canopy. This is a direct result of logging activity, and in every other respect of species composition and structure the community as identified in the field satisfied the RE mapping designation as RE 7.11.7. This community is listed under the Vegetation Management Regulation 2000 as “not of concern at present”. 3.2.2 Flora of Conservation Significance A systematic search of transects across the property identified two species of conservation significance, Rourea brachyandra (a vine) and Diplazium cordifolium (Athyriaceae - a fern). Rourea brachyandra (Connaraceae), is a liana of the upper canopy and was identified attached to a fallen tree branch. The vine was located in the western most section of the property, and although a GPS fix could not be accurately taken (owing to closed canopy), was believed to be close to the World Heritage Boundary. Rourea brachyandra is listed as “rare” under schedule 3 of the Nature Conservation (Wildlife) Regulation 1994 (Queensland). Stoney Creek is a known important habitat for the fern Diplazium cordifolium (the locality is specifically identified on the HERBRECS database), and this fern was identified in the riparian margin of this creek in the western precinct of the property. There is some imprecision in the locality of the observation as the location could not be GPS fixed, and the current demarcation of the streamline in relation to the digital cadastre database of the Cairns City Council is inaccurate. It is possible that the location is outside the boundary of the property in question. Diplazium cordifolium is listed under schedule 2 of the Nature Conservation (Wildlife) Regulation 1994 (Queensland) as “vulnerable” and is also listed as “vulnerable” on the schedules of the Environment Protection and Biodiversity Regulation 2000 (Commonwealth). Given the restrictions of the large size of the surveyed property, the inability to access the tall canopy for further sampling of vines, and the variety of habitats represented, it is possible that further extended searches could locate other species of significance. 3.2.3 General Vegetation The vegetation of the property can be characterised broadly into four categories, with some areas of the site cleared. The specific elements that divide the categories are: • general species composition; • canopy height and dominant characteristic canopy species; • frequency and abundance of successional and transgressive species; • levels of disturbance related to past logging and access requirements; and • presence/absence of introduced species. The four categories include: • tall complex notophyll vine forest; • notophyll vine forest with frequent successional and transgressive species; • notophyll/mesophyll vine forest; and • riparian/levee vine forest along Stoney Creek.

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The approximate demarcation of these communities is shown in Figure 5.

Figure 5: Vegetation Communities

Tall Complex Notophyll Vine Forest

This community is located primarily in the western area of the lot and occupies approximately 2.3 ha of the property (lot is in total 5.703 hectares). Generally the topography is moderate to steeply undulating with two deeply incised channels draining into Stoney Creek to the south. The canopy varies from 22 to 30 metres in height, depending on species, with the characteristic canopy species including Paraserianthes toona, Argyrodendron peralatum, Alstonia scholaris, Beilschmieida bancrofti, Palaquium galactoxylum, Terminalia sericocarpa. Subcanopy is species rich and variable in composition and structure depending on slope, aspect and drainage within the type. The more common species include Polyscias elegans, Litsea leefeana, Castanospermum australe, Ficus variegata, Dysoxylum pettigrewianum, Dysoxylum oppositifolium, Ganophyllum falcatum, Myristica muelleri subsp globosa, Pisonia umbellifera, and Castanospora alphandii. The understorey is generally sparse and open, however there are areas where the shrub/small tree Codiaeum variegata is very common, and the ground orchid Corymborkis veratrifolia is well represented throughout the community. Calamus thickets (wait-a-while, lawyer vine) associated with light gaps due to canopy disturbance are noticeable by their general absence. The rare vine Rourea brachyandra was found in this community on fallen tree limb. The community generally occupies the area on the concept plan layout (Figure 1) marked as Resort 2, and includes lots 8, 7 and 6 (marked as residential on the concept layout), and the main building of Resort 1. The road as indicated on the concept layout is not on the surveyed existing access track for the western most two thirds and will pass through a section of complex notophyll vineforest. The construction of the resorts, access and residential lots will require the clearing of a number of large trees, many saplings and shrubs, on generally moderate to steep slopes.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Notophyll vine forest with common successional elements.

This community occupies approximately .8 of an hectare, and is primarily restricted to the area about the access track into the property from Douglas Track road. The community is notophyll vine forest between 17 and 25 metres in height and is distinctly characterised by a number of successional rainforest species in the canopy, indicating past disturbance. Characteristic canopy species include Aleurites rockinghamensis, Alstonia scholaris, Litsea leefeana, Elaeocarpus angustifolius, Paraserianthes toona, and Terminalia sericocarpa. Subcanopy is relatively dense, and with numerous transgressive and successional species. Typical species includes Cryptocarya triplinervis, Dysoxylum oppositifolium, Pisonia umbellifera, Mallotus polyadenos, Alphitonia philippensis, Trichosperma pleiostigma, Trema orientalis, Macaranga tanarius, Macaranga involucrata, and Glochidion sumatranum. Understorey is variable in composition but rattan and vine thickets are present in open areas (notably Calamus australis and Faradaya splendida) and there are distinctive ground forbs and ferns including the ginger family members Hornstedtia scottiana, and Tapeinocheilos anassae. The pandan Pandanus monticola is locally common. While integrity has been lessened by some disturbance, this community is generally a structurally intact notophyll/complex notophyll vine forest, with high species diversity and abundance. The majority of Resort 1, the park land, lots 5, 4, 3, 2 and 1 and the northern section of the multi unit designated portion (all as marked on the concept layout) will be within (either wholly or partially) this community. While there do exist clearings and associated light gaps in this community, the current proposal will require additional clearing for buildings, services and access infrastructure. Minor to moderately disturbed mesophyll/notophyll vine forest

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Flora Study: Lot 1 RP804194, Douglas Track Road

This is a transitional community between the notophyll vine forests of the majority of the lot and the riparian/levee vine forests along Stoney Creek. Generally this community occurs on the steeper lower fall of the lot. Many species are shared with the notophyll vine forest complex but the structure in terms of canopy height is different, generally being lower (to 22 metres), and more uneven. Various fig species, notably strangler figs (Ficus spp) are a characteristic of this community. Canopy species common in the type include Aleurites rockinghamensis, Ficus variegata, Castanospermum australe, Ficus virens, Dysoxylum pettigrewianum, Ganophyllum falcatum, and Buchanania arborescens. Subcanopy is generally species rich, with common species being Cryptocarya hypospodia, Melicope elleryana, Chionanthus ramiflora, Myristica muelleri subsp globosa, Dysoxylum oppositifolium, and Synima cordierorum. The understorey on these steep slopes is relatively sparse, the most common species being the shrub Codiaeum variegata. Pandanus monticola, Faradaya splendida, and occasional Calamus radicalis are in more open areas with light gaps. Five deeply incised (some to four metres) drainage channels lead southwards into Stoney Creek, and erosion potential is very high on these slopes mitigated by the existing closed forest and intact root systems. The areas designated for multi unit usage and a portion of resort 1 are located within this community. Much of this vegetation is on moderate to steep slopes and construction and access will require innovative solutions to mitigate the potential for major soil erosion and sedimentation. While there are areas of disturbance, these are insufficient in themselves to accommodate the land uses identified in the concept layout without further clearing. Riparian and levee vine forest

This is a distinctive community on the lot, restricted to the riparian verges and levee banks along Stoney Creek. The immediate riparian verge floods regularly, with sparse canopy vegetation represented almost solely by Syzygium tierneyanum (river cherry) in the rocky verge closest to the water edge with Lomandra longifolia (mat rush) in the understorey. Substrates are rock and sand closest to the water, grading to finer loams and sandy/loams on the levee banks. The vegetation on the levees is a mesophyll/notophyll vine forest association, low to medium in height (to 20 metres), with occasional emergents to 25m. Typically the canopy species include Syzygium cormiflorum, Syzygium tierneyanum, Dysoxylum gaudichaudianum, Dysoxylum pettigrewianum, Endiandra longipedicellata, Cryptocarya hypospodia, and Pouteria obovoidea. Subcanopy includes Chionanthus ramiflora, Myristica muelleri subsp globosa, Dysoxylum arborescens, Carallia brachiata, Semecarpus australiense, Cryptocarya triplinervis, and Gomphandra australiana. A feature of this community is the abundance of ferns represented in areas closest to the water on rocky banks in shaded areas and the presence of the palm Ptychosperma elegans occurring as scattered individuals. Flood damage in some areas has disturbed the understorey, with proliferation of vines (including rattan palms) in some portions of the levee vegetation in the western reach of Stoney Creek, otherwise the integrity of the riparian and levee community is very high, with obvious evidence of disturbance (other than flooding) rare. The vulnerable fern Diplazium cordifolium was located in this riparian community in the western section of Stoney Creek. The provided concept layout includes development within this area. This is a vegetation community characterised by flooding events, and a number of resort buildings, and multi unit designated land is shown as occupying levee areas, although none of the buildings are within the riparian zone of Stoney Creek. Construction, access and service provision to these buildings without compromising the integrity of this community will require lateral thinking and innovative approaches.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Cleared areas

Approximately .24 hectares of the lot has been cleared. This consists of an access track from Douglas Track Road and a clearing in the south central portion of the lot. There is partial canopy closure over the access track by a number of successional and mature forest species, however the clearing itself has no cover. Most of the track is dominated by introduced vegetation notably Stachytarpheta jamaicensis (blue snake weed) with occasional Panicum maximum (guinea grass). However there are no infestations of major environmental weeds and there are numerous vine forest seedlings and saplings successfully recruited along the track.

3.3 Vegetation Integrity

Vegetation integrity was assessed based on observation of the following: • canopy closure; • abundance and frequency of introduced species; • maturity of vegetation, evidence of successional processes (saplings, primary/secondary successional species); • species representativeness of vegetation community type; • diversity of vegetative life forms and habitats for fauna; and • ability to contribute to local and regional landscape scale processes, eg erosion control through overland flow interception and absorption, water quality maintenance, wildlife corridor linkages. 3.3.1 Historical Influences In common with most other areas surrounding Cairns, the forests in the Stoney Creek area have an extensive history of timber extraction. The construction of the Cairns to Kuranda railway line sourced much of the timber necessary from rainforests on the lower Cairns hillslopes, including the Stoney Creek area. Timber cutting for this purpose was very selective, with the majority of timbers being those necessary for structural purposes. The rainforests provided a limited source of these types of timbers, and it is most likely that the sections of the forest closest to Stoney Creek on the property (on the southern side of the access track in – see Figure 5) have never been logged. Species in this area are more typical of the alluvial levees along streams in the tropics (locally including Dysoxylum arborescens, Dysoxylum oppositifolium, Dysoxylum pettigrewianum, Syzygium cormiflorum, Syzygium tierneyanum, Cryptocarya triplinervis, Endiandra longipedicellata) with few commercial tree species located in these areas.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Logging has occurred above the access track, as evidenced with few large trees remaining, a high proportion of saplings, irregular canopy and numbers of primary and secondary species in the canopy and subcanopy. These include candlenut (Aleurites rockinghamensis, Elaeocarpus angustifolius, Macaranga tanarius, and Alphitonia philippensis. The western side of the property adjoining the Wet Tropics World Heritage Area would have been logged for commercial species including tulip oak (Argyrodendron peralatum), kauri pine (Agathis robusta), rose butternut (Blepharoccarya involucrigera), northern silky oak (Cardwellia sublimis), acacia cedar (Paraserianthes toona) and ash and maples (various Flindersia species). The closed canopy, relative lack of undergrowth and dominance of the understorey shrub Codiaeum variegatum var moluccanum (typical of well developed rainforest) in this western precinct would indicate that logging had occurred in a distant enough timeframe to allow rainforest of moderate to high integrity to recruit. 3.3.2 Introduced Species Introduced species are entirely restricted to the access track and clearing within the lot, with no evidence anywhere else on site of these species. Even along the access track and in the clearing none of the introduced species are serious environmental weeds, and ongoing successional processes and partial canopy closure (over the track area) have resulted in successful recruitment by a number of native species. Introduced species have not negatively contributed to the integrity of the vegetation of the lot through restriction of seedling recruitment or displacement of existing native vegetation. 3.3.3 Maturity of Vegetation and Successional Processes As previously noted, the past historical usage of the lot is the primary contributor to the current integrity of the vegetation and demarcation of the mapped associations as noted in the field. The western area of the lot is of very high integrity, has mature notophyll rainforest species, some individuals of which would be remnants of the original pre-European vegetation, and has not been extensively cut for timber in the recent past (up to 50 years ago at a minimum). The steepness of the general area in which this tall notophyll vine forest occurs and the relative lack of desirable commercial timbers has resulted in the retention of typical tall notophyll vine forest not commonly represented in accessible areas about Cairns. The vegetation about the access track, as mapped, has obvious evidence of recent disturbance (less than 50 years) through timber cutting, storm damage, and clearing of the access track. It is suspected that the clearing may have been the site of the original log dump (in the 1960s) prior to timber being hauled to the nearby sawmill at Stratford. This is anecdotal information only. The number of large primary and secondary successional tree species (Aleurites rockinghamensis, Alphitonia philippensis, Polyscias elegans, Elaeocarpus angustifolius) and the abundance of saplings, seedlings and vines are characteristic of this disturbance. The height of the successional trees (some are in excess of 20 metres tall) and the diversity of species in the seedling and sapling stages) would indicate that recruitment is well advanced. In the areas of notophyll/mesophyll vine forest towards the creek there is little evidence of disturbance that could be attributed to timber cutting. Most of the disturbance (light gaps from tree falls and limb shedding) is related to storm damage and flood damage (on the lowest slopes closest to Stoney Creek). There are few commercial species of value in this area, and the largest tree species are primarily figs and species such as Pisonia umbellifera. Saplings, vines, pandans and rattan palms are abundant in light gaps, but on steeper slopes the canopy is intact with little undergrowth. The riparian verge and levee forest areas show no evidence of disturbance other than that associated with flooding and natural tree fall. This community is of high integrity with no evidence of ongoing successional processes other than as localised occurrences in flood damaged areas. Understorey is generally sparse. 3.3.4 Contribution to ecological processes The location of this community along a primary riparian corridor juxtaposed between the World Heritage Area and the Barron River contributes to ecological processes at both a local and regional scale of importance.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Stoney Creek is listed critical habitat to endangered frog species, and the maintenance of water quality is of the paramount importance in ensuring the continuing value of the stream as viable habitat. The rainforest of the lot is generally of high integrity, and has very important values in maintaining water quality through mitigating soil erosion and sediment movement into Stoney Creek. Stoney Creek is one of the very few lowland rainforested streams in the Cairns area with intact riparian vegetation that is continuous with a protected area. This ensures a degree of habitat connectivity between lowland and upland communities that is otherwise not well represented in the Cairns area and the study site occupies a critical lowland linkage to the Barron River for wildlife movement.

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Flora Study: Lot 1 RP804194, Douglas Track Road

4 Assessment

4.1 Flora Assessment 4.1.1 Significant Flora Habitat Areas As has been noted, the general integrity of the vegetation of the site is highest in the western portion of the lot and along the creek frontages. The areas about the track access and the clearing show more recent evidence of disturbance through timber cutting and storm damage. The lessening of the integrity of this area through disturbance (see Figure 5, disturbed notophyll vine forest) does not necessarily confer lesser values in terms of significance as actual or potential habitat to flora/fauna of conservation significance. Any protected flora species has the same ability to recruit into successional forest as a more common species. On the basis of presence of flora species of conservation significance as identified in the field, the most significant flora habitat areas are the riparian and levee forests along Stoney Creek, and the complex notophyll vine forests of the western section of the lot. These areas have limited evidence of anthropogenic disturbance, have the highest diversity of species represented and generally are most characteristic of their community type. Of lesser value as a significant flora habitat area is the disturbed notophyll vine forest about the access track and clearing. With ongoing successional processes well advanced and with minimal ongoing disturbance evident, this area provides equal opportunity for flora species of conservation significance to recruit successfully. 4.1.2 Proposed Vegetation Disturbance The development of the lot in accordance with the concept layout plan will involve a number of innovative approaches to ensure that the character and integrity of the site is retained. The primary approaches will be: Retention of forest canopy to the greatest extent possible.

The retention of the canopy will minimise edge effects (changes in light, temperature and humidity regimes) and thereby continue to restrict opportunities for introduced species to recruit and spread. The retention of the canopy will mean that the extensive root systems of large tree individuals will be retained and continue to provide important soil conservation measures. Retention of large trees and subsequent canopy closure will require careful siting and infrastructure design requirements. The development of the proposed residential lots will be managed to ensure that significant trees are retained. Minimal disturbance of the forest floor profile.

The water quality of Stoney Creek is highly dependent upon the stability of rainforest soils within the catchment. Disturbance of the soil without extensive erosion and sediment control measures will be detrimental to the general forest, and to the viability of Stoney Creek as habitat to endangered frog species in particular. Soil disturbance promotes introduction of weed species, restricts native species recruitment, alters critical mycchorrhizal interactions between plant roots and soil organisms and impacts on the nutrient and water uptake ability of rainforest plants. The primary mitigation measure will be to ensure that the design of the structures (and roads) is sympathetic to the forest floor and avoids disturbance as far as possible (e.g. through raised buildings). Some infrastructure services, e.g. electricity, water and sewerage, will be required to be trenched. Where possible, the amalgamation of these services into a single dedicated corridor will minimise requirements for multiple trenches. In the resort area, services will be co-located with pad walking track (trenched) or boardwalk (elevated) access to individual lodges.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Minimise understorey and general clearing

Shrubs, small trees, saplings and seedlings on the lot provide extensive soil protection properties and provide niche habitat and shelter to a range of fauna species. Whilst fauna was not a component of this survey, a wide range was noted during the field survey, a number of which require the retention of specialist niches (such as Boyds Forest Dragon). The minimalist clearing of normally considered “pest” species (such as Hornstedtia, Calamus, Macaranga etc) would enable some retention of the understorey nature of the existing community and to some degree continue to provide habitat niches. 4.1.3 Noxious Weeds and Plants There are no pest plants of any Class of any on the property. Mechanisms to avoid the introduction of weeds during construction will include: • reduction of the use of fill needing to be brought onto site through the use of minimal roads and low level of site disturbance/ house pads etc.; • ensuring that any fill brought on to site is weed free; and • lack of use of any vegetative material containing weeds in erosion and sediment control (eg silt fences rather than hay bales etc.). 4.1.4 Protection of Riparian Vegetation There will be no major disturbance of riparian vegetation. Buildings associated with the resort (central facilities) and some lodges that will be located in or near riparian vegetation will be sited so as to avoid clearing large trees and any species of conservation concern. In essence it is intended to “nestle” the buildings among the existing riparian vegetation, thus maintaining the integrity of the habitat and the special forested amenity and character of the site. Further the above ground construction will minimise the disturbance to the surface roots.

4.2 Legislative Requirements

A number of approvals may be required under legislation in order for the proposal to proceed. The approvals outlined are based on the following; • The lot is currently zoned Residential 3 under the current Cairns Planning Scheme. This permits the construction of units and the residential allotments, but requires a Material Change of Use application for resort development. • The lot is included within the remnant vegetation mapping of the Environmental Protection Agency and mapped as “not of concern at present”. • The lot is shown within the current Cairns Planning Scheme as “development constrained”. • The lot is included within the current Cairns Planning Scheme Tourism Development Area. • The lot is within the current Category B Hillslopes Constraint area. • The lot is within the Cairns City Council Vegetation Protection Area. • Under the draft Cairns Plan the lot is proposed to be rezoned Residential 1 and the lot is included within Council’s Key Vegetation Conservation Area. The proposal to construct a resort (s) will require that an MCU application be made. The draft Cairns Plan indicates that the resort component would be impact assessable under the new scheme.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Clearing of vegetation is considered to be operational works under the Integrated Planning Act 1997, and subsequent amendments to this Act exclude the requirement for an application under the Vegetation Management Act 1999 to clear vegetation not listed as ‘endangered’ or ‘of concern’ for the purposes for which the lot is currently zoned (residential 3). Consequently an application under this Act is not required. The situation is less clear if a Material Change of Use application is made which will include portions of the lot within a tourism facilities designation. Conflicting advice has been received from the Department of Natural Resources, Mines and Energy and the EPA regarding the necessity for approval under the VMA to clear vegetation for tourism facilities on land previously approved for multi-unit residential. This had not been resolved at the time of this report. The Nature Conservation Act 1994 allows for the clearing of protected plant species for the purposes of residential and necessary infrastructure provision. If clearing is restricted entirely to the allowed development under the current planning scheme (and also if the land were to be rezoned residential 1 under the draft Cairns Plan), then no permit is required under the Nature Conservation Act 1994. If a Material Change of Use application to allow a resort development is approved, then an EcoAccess application to the Environmental Protection Agency for a permit to remove/interfere with protected plant species will be required for the resort and infrastructure component of the proposal. As the property is within the Cairns City Council Vegetation Protection Area, an application under Local Law 24 (Vegetation Protection) and approval (from CCC) to clear the vegetation will be required. Based on flora and vegetation issues, a referral to the Commonwealth under the Environment Protection and Biodiversity Conservation Act 1999 is not necessary.

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Cairns Rainforest Resort – EPBC Further Information

Appendix 4

Fauna Report

13 August 2007 Solutions for Success

EcoSustainAbility Pty Ltd Cassowary and Listed Frog Surveys Stoney Creek

October 2006 Contents

1. The Project 1 1.1 Background 1 1.2 Scope of Works 1

2. Study Area Description 2 2.1 Study Area Locality 2 2.2 Ecological Summary Description 2 2.3 Target Species Summaries 4

3. Methods 7 3.1 Cassowary 7 3.2 Frogs 7

4. Results 10 4.1 Cassowary 10 4.2 Frogs 11

5. Summary and Recommendations 14 5.1 Frogs 14 5.2 Southern Cassowary 14

6. References 16

42/14350/88717 Cassowary and Listed Frog Assessments Stoney Creek 1. The Project

1.1 Background Lot 1 RP804194 is a property of 5.682 hectares in area, part of the Rainforest Estate residential development approximately 15 kilometres north•west of Cairns CBD. The property (part of the ‘study area’) is the subject of an application to the Cairns City Council for a lot reconfiguration to allow residential and commercial development. This property adjoins Lot 32 RP804194 (1.325 hectares) that includes Stoney Creek. This lot is not included within the lot reconfiguration application but does form part of the study area The study area adjoins the Wet Tropics of Queensland World Heritage Area, and contains habitat that may be utilised by species that are listed on the schedules of the Environment Protection and Biodiversity Conservation Regulation 2000 (Commonwealth). Subsequently the proponent has lodged a referral to the Commonwealth under the provisions of the Environmental Protection and Biodiversity Conservation Act 1999 (‘EPBC’) to allow the Minister to determine whether the project constitutes a “controlled action” under the provisions of the EPBC. EcoSustainAbility, on behalf of the proponent, has commissioned GHD to undertake specific detailed surveys of the study area to provide input into the approval processes for the project.

1.2 Scope of Works The scope of the works for this project are targeted towards the following species:

» Southern Cassowary (Casuarius casuarius johnsonii)

» Waterfall/torrent frog (Litoria nannotis);

» Common mist frog (Litoria rheocola); and

» Lace•eyed tree frog (Nyctimystes dayi). All species are listed under the schedules of the Environment Protection and Biodiversity Conservation Regulation 2000 as Endangered. Similarly, all species are listed as Endangered under the Queensland Nature Conservation (Wildlife) Regulation 2006. Specific aims of the GHD surveys were to:

» Determine whether the Southern Cassowary Casuarius casuarius johnsonii is utilising the study area.

» Assess the habitat potential for the cassowary on site;

» Determine the presence/absence of the listed endangered frog species: – Waterfall/torrent frog Litoria( nannotis); – Common mist frog Litoria( rheocola); and – Lace•eyed tree frog Nyctimystes( dayi) on the site.

» Assess the habitat potential for the listed frogs on site.

42/14350/88717 Cassowary and Listed Frog Assessments 1 Stoney Creek 2. Study Area Description

2.1 Study Area Locality The study area comprises Lot 1 RP804194 (the property subject to a lot reconfiguration application) and Lot 32 RP804194 (Stoney Creek) and is within the Rainforest Estate residential development located in Cairns City, 8 kilometres west of the Cairns Airport and 15 kilometres north•west of Cairns CBD. Lot 1 RP804194 is 5.682 hectares in area, bounded on the east by Douglas Track Road, to the south by lot 32 RP804194 (which includes Stoney Creek), to the west by Barron Gorge National Park (within the Wet Tropics of Queensland World Heritage Area). The majority of the northern side of the property is bounded by lot 19 RP8041 94 but smaller residential lots 51, 50 and 49 (all RP899694) bound the north• eastern side of the lot. See Figure 1 for study area locality and detailed study sites for frog and tadpole surveys.

2.2 Ecological Summary Description GHD previously undertook detailed ecological descriptions of study area in 2004. In summary the site consists of:

» tall complex notophyll vine forest;

» notophyll vine forest with frequent successional and transgressive species;

» notophyll/mesophyll vine forest; and

» riparian/levee vine forest along Stoney Creek. The variability within the study area can be attributed to:

» general species composition;

» canopy height and dominant characteristic canopy species;

» frequency and abundance of successional and transgressive species;

» levels of disturbance related to past logging and access requirements; and

» presence/absence of introduced species. The general integrity of the habitats within the study area are highest in the western portion of Lot 1 RP804194 and along the creek frontages of Lot 32 RP804194. There are areas about the track access and a clearing within Lot 1 that exhibit evidence of disturbance through historical timber cutting and storm damage. Weeds, including introduced bamboo, are frequent in areas where the canopy is absent. The lessening of the integrity of this area through disturbance does not necessarily confer lesser values in terms of significance as actual or potential habitat to flora/fauna. On the basis of habitat type and integrity as identified in the field, the most significant habitats are the riparian and levee forests along Stoney Creek, and the complex notophyll vine forests of the western section of Lot 1. These areas have limited evidence of anthropogenic disturbance, have the highest diversity of species represented and generally are most characteristic of their community type.

42/14350/88717 Cassowary and Listed Frog Assessments 2 Stoney Creek 42/14350/88717 Cassowary and Listed Frog Assessments 3 Stoney Creek 2.3 Target Species Summaries

2.3.1 Southern Cassowary The southern cassowary (Casuarius casuarius johnsonii) of the Cairns region belongs to one of three populations of cassowaries in Australia, the others being on the Cape York Peninsula. The southern Wet Tropics population is listed as Endangered under the schedules of the Environment Protection and Biodiversity Conservation Regulation 2000 and is listed as Endangered under the Queensland Nature Conservation (Wildlife) Regulation 2006. The primary cause of the decline of the cassowary is thought to be habitat loss and fragmentation, with over 80% of the key habitat areas of the coastal lowlands now cleared. Cassowary populations estimations vary between 2500 with more conservative estimates at less than 1500 in 2002. The cassowary is an ecological “keystone” species, and is the major long distance dispersal agent of rainforest trees with large fruit in the Wet Tropics. Cassowaries may have large home ranges with core ranges up to several square kilometres and more marginal ranges extending opportunistically beyond this. They are solitary birds, with adult males tending eggs and chicks. Because of the size of ranges necessary to support a cassowary, their populations are extremely vulnerable to habitat fragmentation, and rely on seasonally available fruits and opportunistic omnivory to sustain individual birds. Increasing human settlement brings cassowaries into direct contact with roads, dogs and general human occupation, and cassowaries with ranges which are impinged upon generally lose ready access to key seasonal resources in these areas.

2.3.2 Frogs The frog species summaries below have been sourced from the Department of Environment and Heritage (DEH) Species Profile and Threats Database and the references therein relate to the species specific profiles.

Litoria nannotis Waterfall/torrent Litoria rheocola Common mist Nyctimystes dayi Lace•eyed tree frog frog frog

Waterfall/Torrent Frog Description

This frog is grey to olive•green to almost black on its back with lots of darker mottling with a broad, rounded snout. There is a bluish metallic sheen on the sides of the body while the belly is whitish and granular. The armpits and groin are flesh coloured with the backs of the thighs a dark brown. The skin on the back is granular or has lots of small warts. The finger and toe pads are large with the fingers

42/14350/88717 Cassowary and Listed Frog Assessments 4 Stoney Creek being slightly webbed while and the toes are fully webbed. The tympanum is not clearly visible. (Cogger, 2000) Range Litoria nannotis was found throughout the Wet Tropics Bioregion, N Qld, from Paluma to Cooktown (Hero & Fickling 1994) at altitudes between 180 and 1300 m (McDonald 1992). The area of occurrence of the species is approximately 9000 km² (M.Cunningham 2001, pers. comm.). L. nannotis includes three deeply divergent lineages, distributed from Paluma to Tully R., Tully R. to Lamb Range and Mt. Lewis to Big Tableland (Schneider et al. 1998). L. nannotis is known from Cape Tribulation, Cedar Bay, Crater, Crater Lakes, Daintree, Lumholtz, Millstream, Paluma Range and Wooroonooran NP, Kirrama Range, Lamb Range, Maalan, Mt Baldy, Mt Lewis, Mt Spec, Tully and Windsor Tableland SF, Daintree Timber Reserve (165 Monkhouse) (Tyler 1997), Elizabeth Grant Falls, Millstream Falls, Mt Lee, Seaview Range NP (Wallaman Falls, Sword Ck., Garrawalt Falls), Cardwell Range, and Ravenshoe SF (M.Cunningham 2001, pers. comm.).

2.3.3 Common Mist Frog Description

This frog is dull grey or brown frog which is relatively smooth, growing to 50mm, with irregular darker markings tending to form a broad vertebral zone starting between the eyes. It has darker flecks on dorsal surfaces a darker band along the side of the snout, through the eye and ear to the shoulder a white belly and large finger and toes discs (Cogger, 2000). Range Litoria rheocola occurs from Broadwater Ck NP to Amos Bay, northern Qld, at altitudes between 0 and 1180 m (McDonald 1992). The area of occupancy of the species is approximately 6000 km² (Cunningham, M. 2001, pers. comm.). Three genetic lineages of L. rheocola have been identified, based on mitochondrial DNA, distributed from Kirrama Range to Palmerston NP, Bartle Frere to Harris Park and from Mt Lewis to Big Tableland. Each of these lineages carry substantial genetic variability (Schneider et al. 1998). Litoria rheocola is known from Cedar Bay, Crater, Crater Lakes, Daintree, Lumholtz, Millstream and Wooroonooran NP, Herberton Range, Kirrama, Lamb Range, Maalan, Mt Lewis, Ravenshoe, Tam O'Shanter and Windsor Tableland SF, SF758 Alcock, Daintree Timber Reserve (165 Monkhouse) (Tyler 1997), Elizabeth Grant Falls and Palmerston NP (M.Cunningham 2001, pers. comm.).

2.3.4 Lace eyed tree frog Description

This frog is a rich brown/orange•brown frog growing to 50mm with or without a series of cream/white fungus•like spots and blotches, sometimes with black centres, on the head, back or limbs, with limbs often having obscure banding or marbling (Cogger, 2000). Range

42/14350/88717 Cassowary and Listed Frog Assessments 5 Stoney Creek Nyctimystes dayi occurred throughout the Wet Tropics Bioregion from Paluma to Cooktown, northern Qld, at altitudes between 0 and 1200 m (McDonald 1992). The area of occurrence of the species was approximately 9000 km². The species includes two divergent genetic lineages separated by Barron Ck. Diversity within each lineage is very low (M.Cunningham 2001, pers. comm.). N. dayi is known from Cedar Bay, Crater, Daintree, Lumholtz, Millstream, Paluma Range and Wooroonooran NP, Daintree Timber Reserve (165 Monkhouse), Lamb Range, Mt Lewis, Mt Spec and Windsor Tableland SF, SF 768 Alcock, Crystal Cascades NP (Tyler 1997), Wallaman Falls (Seaview), and Palmerston NP (M.Cunningham 2001, pers. comm).

42/14350/88717 Cassowary and Listed Frog Assessments 6 Stoney Creek 3. Methods

3.1 Cassowary Cassowary surveys were based on potential observation of birds and scats only, no remote camera set up were used. The total area of the study sites (Lot 1 and Lot 32) is approximately 7 ha. The study area is slightly trapezoid in shape, with the longest boundary approximately 450 m (Stoney Creek southern boundary) and the parallel boundary to the north approximately 300m. The western boundary (World Heritage Area) is 170 m and the eastern boundary (Stoney Creek Road) approximately 260 m. Transects were established using a pedometer, a compass and a differential 20 channel SiRF III GPS. Transects were established approximately 7 to 12 m apart and parallel to Stoney Creek. Transects were systematically walked by an experienced ecologist, stopping every 5 minutes to listen and observe for any Cassowary movement. Specific features to be observed included:

» Cassowary scats (Cassowary droppings, usually large and obvious, distinctive by the volume of mostly only partially digested fruits);

» Cassowary footprints or tracks (the tracks could be confused with the numerous survey tracks that are now present on the site and were discarded as a useful indicator of activity);

» unusually dense conglomeration of seedling recruitment where seeds in Cassowary scats have germinated; and

» actual cassowaries. In addition to the thirteen parallel transects, six other transects targeting gullies and ridges in the study area were also walked. In total over a period of a day (including very early morning and late afternoon during peak periods of potential cassowary activity) approximately 7 kilometres of transects were surveyed within the study area. This coverage was comprehensive of the study area.

3.2 Frogs The various ecology and behaviour patterns of the frogs guided the choice and effort involved in the survey methods. The surveys were undertaken from 1:30•8:30 pm on the afternoon of the 4th of October.

3.2.1 Waterfall/Torrent Frog The waterfall/torrent frog is a stream dwelling and breeding species restricted to rocky stream habitats in rainforest or wet sclerophyll forest where there is fast flowing water, waterfalls and cascades. Unlike most stream•breeding frog species that live in the adjacent forest and use the stream habitat for breeding, the stream is the primary habitat for both male and females throughout the year (Hodgkison & Hero 2001, 2002). Adults and juveniles have been observed to form small aggregations (4•6 individuals) amongst large boulders behind waterfalls (Liem 1974; J•M. Hero pers. obs.). Large numbers of females have been observed residing near streams and Litoria nannotis are considered to be a true stream• dwelling amphibian, unlikely to venture far from the waterway. Tadpoles are predominantly found in fast flowing sections of streams, in riffles or torrents, adhering to rocks (Richards 1992). Hodgkison & Hero (2001) found that the species displayed distinctly different nocturnal and diurnal behaviour. During the day, nearly all frogs were restricted to the stream environment where they

42/14350/88717 Cassowary and Listed Frog Assessments 7 Stoney Creek sheltered in small refuges behind waterfalls or wedged between rocks in the stream. On a small number of occasions individuals were located basking in splash zones beside waterfalls. At night frog activity increased substantially and frogs were located in exposed positions within the stream and some ventured away from the stream, amongst stream side vegetation. Frogs did not venture further than 15 m from the stream and always returned before dawn (Hodgkison & Hero 2001).

3.2.2 Common Mistfrog The common mistfrog is a rainforest specialist, endemic to the Wet Tropics Bioregion (Williams & Hero 1998, 2001) restricted to fast flowing rocky creeks and streams in rainforest as well as wet sclerophyll forest (Liem 1974; McDonald 1992). Within these streams they are often found in the slower more open sections, away from waterfalls (Hodgkison & Hero 2002). Individuals can be found on rocks, logs and vegetation in or adjacent to streams (Hero & Fickling 1994). Hodgkison and Hero (in review) reported differences in habitat use between males and females of the species. Females and juveniles use streamside vegetation more frequently than males. In contrast males displayed strong fidelity to the rocky stream environment. Tadpoles can be found in fast flowing sections of stream and adjacent pools in highly oxygenated water, clinging to rocks and other substrates (Liem 1974; Hero & Fickling 1994). The tadpoles of the species are described as torrent•dwelling, having flattened bodies, large suctorial mouthparts and muscular tails (Liem 1974).

3.2.3 Lace•eyed Tree Frog The lace•eyed tree frog is a rainforest specialist, endemic to the Wet Tropics Bioregion (Williams & Hero 1998, 2001) associated with rainforests and rainforest margins (Czechura et al. 1987). At low elevations, Nyctimystes dayi favours rock soaks, narrow ephemeral streams and rock outcrops in larger watercourses (Czechura et al. 1987). It may also be found on rocks, boulders and vegetation in or adjacent to streams (Czechura et al. 1987). N. dayi displays a moderate association with streams and is found with some reliability within the stream banks over an extended season (McDonald & Alford 1999). Hodgkison & Hero (2002) described the movements of the species. Juveniles and females are rarely encountered. Changes in the stream temperature seem to influence nocturnal activity and trigger the movement of the species in relation to the stream. The location of this species during non•breeding periods remains unknown (Hodgkison & Hero 2002). N. dayi is a spring/summer breeder (Davies & Richards 1990) with peak breeding activity from Oct. to Apr. Males call at night from rocks and low foliage along rapidly•flowing stretches of creek. Tadpoles can be found on or under rocks in fast flowing sections of stream and show adaptations to living in torrent, such as large suctorial mouthparts and muscular tails (Davies & Richards 1990; Hero & Fickling 1994). After hatching they aggregate under a rock until their digestive tracts are fully formed.

3.2.4 Tadpole Searches Searches for tadpoles were undertaken along the entire length of Stoney Creek within the proposed development area. Searches were undertaken by manually searching rocks, riffles, leaf litter, pools and banks. The depth of water along the creek was approximately 20•75 cm deep with median depth being 40 cm. As such a dip net was not used because of the potential to injure individuals against rocks. The creek was predominantly composed of cobble and boulder and these were systematically searched and turned over for search for tadpoles. Leaf litter was lifted and washed in the water. The tadpole

42/14350/88717 Cassowary and Listed Frog Assessments 8 Stoney Creek searches targeted fast flowing sections of the river and riffles. No water falls were present though small steep riffles did occur.

3.2.5 Frog Searches Diurnal frog searches through banks, cobble, boulders and dry tributary drainage lines within 10•20 metres either side of Stoney Creek were undertaken targeting steeper banks, dense underfoliage, leaf litter and rocky areas. The searches were undertaken by turning over cobble, hand searches through foliage, bank root balls and under bank overhangs. Large woody debris within the creek channel and along the bank were turned over where possible and surfaces observed and searched by hand.

3.2.6 Call Playback At dusk and for two hours after nightfall call playback using an amplifier and megaphone system was undertaken at three locations (Fig. 1) along Stoney Creek. The methods used at each site included the following standardised methodology:

» 10 minutes listening;

» 3 series of calls;

» 5 minutes listening;

» 3 series of calls; and

» 10 minutes listening. The calls played were from the Australian Frog Call: Tropical North•east by Nature Sound, David Stewart (1999). Additionally a dictaphone was deployed during listening to ensure any frog calls were recorded.

3.2.7 Spotlighting Following call playback at each site, the bank, vegetation and waterway 25 metres upstream and downstream of the call point were surveyed for adult frogs using headlamps.

3.2.8 Habitat Assessment While undertaking the targeted searches a general habitat assessment was undertaken to determine the potential for the existing habitat to support the listed frog species and the integrity of that environment if present. The habitat assessment was undertaken based on AUSRIVAS field methodologies and data sheets to investigate the riparian cover, benthic substrate, water flow and various habitat variables that are relevant to the listed frogs.

42/14350/88717 Cassowary and Listed Frog Assessments 9 Stoney Creek 4. Results

4.1 Cassowary

4.1.1 Surveys The day of the survey (October 16th 2006) was generally sunny and hot humid, with a cool morning and evening. General fauna activity was highest early in the morning (large Amethystine python being noted), with a large number of birds feeding on flowering Castanospermum australe (black bean) and orange footed scrub fowl very vocal. The majority of the larger trees on the property appear to have been surveyed and labelled. One cassowary scat was identified and photographed near (approximately 4m) surveyed tree labelled 340, in the central western section of the property adjacent a steep incised gully. The canopy coverage was very dense and an accurate GPS fix was not possible.

Cassowary scat located approximately 4m near Dysoxylum pettigrewianum (tree labelled as 340). Seed composition is Lauraceae (Endiandra longipedicellata predominantly) and some Elaeocarpaceae (Elaeocarpus angustifolius).

Scat is approximately 30 cm across.

Only one scat was observed, and possibly is less than one week old as no seedling germination had occurred (usually within 10 to 20 days for most common food plant species) and much of the fibrous material (partially digested fruit seed coating) had not decomposed. No other evidence of cassowaries was noted. No birds were sighted, no other scats were noted, no footprints or tracks (obscured by surveyors tracks) were observed.

4.1.2 Habitat Suitability Assessment The study area is continuous with the World Heritage Area and maintains an unbroken links with the Barron Gorge National Park and the uplands of the Kuranda Range and escarpments. However the study area is the “cul•de•sac” of this linkage, and is essentially a habitat “dead end” as the urban settlement of Rainforest Estate introduces linear severance issues that are particularly severe in relation to restricting cassowary movement.

42/14350/88717 Cassowary and Listed Frog Assessments 10 Stoney Creek As previously noted by GHD (2004) in a flora report for the study area, the site is a mosaic of high/moderate integrity notophyll/mesophyll rainforest, with various storm and past clearing disturbances present contributing to lower forest integrity in these areas. Cassowary habitat is not directly dependent on forest condition or integrity. Cassowaries are able to utilise a wide variety of communities in various stages of integrity (Crome and Moore 1988), however highly infested exotic weed areas are not a preferred habitat area, and there is a threshold of damage beyond which cassowaries decline. The study area has a wide variety of food plant species, in relative abundance, which are important to the diet of the cassowary. Within the study area genera and species of the families Lauraceae, Myrtaceae, Sapotaceae and Elaeocarpaceae are dominant, and all these families are important to cassowary diets. Whilst Cassowaries can be omnivorous, they are mostly frugivorous (fruit eating) and the study area has an abundance of suitable species. These are seasonal in nature and thus while only limited resources are available at certain times of the year, access to water and alternative feeding areas may be crucial to cassowaries whose home range encompasses them (Bentrupperbaumer 1998). Given the small size (7 ha ) of the study area, its location abutting residential development, and the lack of evidence of intense usage, it is highly probably that the study area is not critical cassowary habitat, but is at the edge of the range of utilised areas (Moore and Moore, 1999). However the study area does provide seasonally important food resources and year round water supplies to at least one bird.

4.2 Frogs The weather on the day and evening of the survey and during the preceding week was cool with often strong south easterly winds. The temperature on the evening of the survey reached a minimum of 19.2oC with a maximum wind speed of 37 km/hr experienced that day. The air barometric pressure was 1015 hPa over the 24 hr period.

4.2.1 Tadpole Searches No tadpoles were collected or observed during the surveys.

4.2.2 Frog Searches No frogs were collected or observed during the surveys.

4.2.3 Call Playback No frogs were heard during the surveys.

4.2.4 Spotlighting No frogs were collected or observed during the surveys.

4.2.5 Habitat Assessment The habitat assessments identified a cobble creek typical to a Wet Tropics stream under low flow conditions. The creek was heavily shaded by dense riparian vegetation and the reaches along the creek provide a wide variety of habitat types, potential frog refugia and bank complexity for call positioning.

42/14350/88717 Cassowary and Listed Frog Assessments 11 Stoney Creek Overall the creek would provide habitat considered suitable to the listed frogs were flow conditions to be increased.

Table 1 Habitat Assessment Summary

Site Location Habitat Summary Habitat Photograph

1 The creek at this site was collected in a series of pools. There are large amounts of leaf litter and woody debris within the watercourse and above the cobble and boulders along the banks. The creek was in low flow conditions along this reach and was a series of shallow pools.

2 The more elevated dry riffle areas had only very limited stream flow through them. The potential habitat suitable to frogs was largely dry along this reach. Large amounts of woody debris were present along this reach.

3 This reach had low/moderately flowing water over shallow riffles with areas of wider pools. There was large amounts of leaf litter and detritus and limited exposed banks along the reach.

4 There were three major and a number of minor tributary and drainage lines entering the creek from on the site. They did not have any flow, though under flow conditions would provide small waterfall conditions. This reach of the creek was heavily shaded.

42/14350/88717 Cassowary and Listed Frog Assessments 12 Stoney Creek Site Location Habitat Summary Habitat Photograph

5 This site provide a range of habitat from slow riffles to edge pools. There was less shading of the creek along this reach with a less dense riparian canopy.

42/14350/88717 Cassowary and Listed Frog Assessments 13 Stoney Creek 5. Summary of Findings

5.1 Frogs No listed or commonly occurring tadpole or frog species were encountered or heard during the surveys. The habitat surveys at Stoney Creek were undertaken during low flow conditions at a time when the area was experiencing cool windy conditions that were not conducive to frog activity and calling. While conditions were largely unsuitable to frog activity the timing of the survey was reasonable to target the listed frogs because:

» Streams are the primary habitat for both male and female waterfall/torrent frog throughout the year, and gravid females and males with nuptial pads are encountered all year round (Martin & McDonald 1995), indicating breeding can occur at any time of year.

» Calling males and gravid females of the common mistfrog have been observed throughout the year (Liem 1974). Breeding has been observed in most months, except during cold winter nights, and seems to reach a peak between November and March (Liem 1974; Dennis & Trenerry 1984). Males call from rocks or boulders in creeks or from vegetation overhanging water along streams and creeks (Liem 1974).

» Nyctimystes dayi moves towards rainforest streams where it is known to breed only during the warmer wet season/early dry season. The location of this species during non•breeding periods remains unknown (Hodgkison & Hero 2002). N. dayi is a spring/summer breeder (Davies & Richards 1990) with peak breeding activity from Oct. to Apr. While the habitat assessments did not identify reaches with waterfalls or fast flowing riffle habitat suitable to tadpoles and frogs this was largely due to the low flow conditions. During periods following rainfall events habitat suitable to the frogs would potentially occur on site.

5.2 Southern Cassowary One cassowary scat comprising predominantly seeds from the Lauraceae and Elaeocarpaceae families was identified approximately four metres from a surveyed tree (tagged as “340”, Dysoxylum pettigrewianum). This is located approximately two thirds of the way to the western boundary of the property, in steep terrain. No other evidence of cassowary usage was noted. From the single scat observed, and the lack of obvious clumped group of seedling recruitment that would indicate past scats, it can be concluded that the property is sparsely utilised by probably only a single bird on an opportunistic basis. There are a number of cassowary food plant species that were either flowering or in fruit at the time of the inspection (October 2006), that provide important food resources on a seasonal basis. Cassowaries may have extensive ranges, which consist of both critical/core territories and more marginal opportunistic ranges. Based on the sparse evidence of utilisation, despite the abundance of fruiting trees, it is more likely that the property is within a marginal territorial area. Marginal territories, whilst not critical habitat areas, are regarded as important areas for juvenile and sub• adult birds which have not yet established permanent territories of their own. Without direct observation of the bird using the property, it could not be conclusively determined whether it was a mature adult at the extent of its territorial range or a sub•adult/juvenile occupying a temporary territory. As previously

42/14350/88717 Cassowary and Listed Frog Assessments 14 Stoney Creek noted there was no obvious evidence of heavy utilisation of the site, which would have been expected had a sub•adult/juvenile taken up territory that included the study property. In summary:

» The property has a high proportion of flora species that are important to the diet of the southern cassowary;

» given that only one scat was located, usage appears to be minimal at the time of the survey and is based on the seasonality of the above food plant species;

» the property is probably on the fringes of the territorial range of an adult bird.

42/14350/88717 Cassowary and Listed Frog Assessments 15 Stoney Creek 6. References

» Department of the Environment and Heritage (2006). Litoria nannotis in Species Profile and Threats Database, Department of the Environment and Heritage, Canberra. Available from: http://www.deh.gov.au/sprat. Accessed 17/10/2006

» Cogger, H. (2000) Reptiles and Amphibians of Australia • 6th edn

» Crome, F.H.J. and Moore, L.A. (1988) The southern cassowary in north Queensland – a pilot study. CSIRO, Atherton

» Cunningham, M. (2001) Personal communication

» Davies, M. & S.J. Richards (1990) Developmental biology of the Australian hylid frog Nyctimystes dayi (Gunther) in Transactions of the Royal Society of South Australia 114 : Page(s) 207•211

» Dennis, A & M. Trenerry (1984) Observations on species diversity and habitat compartmentalisation of the frogs of Mt Lewis rainforests, North Queensland in North Queensland Naturalist 52 : Page(s) 2• 9

» GHD (2004) Stoney Creek Road Development, Flora Survey Report, private report for EcoSustainAbility

» Hero, J•M. (2001) Personal Communication

» Hero, J.•M & S. Fickling (1994) A Guide to the Stream•Dwelling Frogs of the Wet Tropics Rainforests

» Hodgkison, S.C. & J.•M. Hero (2001) Daily behaviour and microhabitat use of the Waterfall Frog, Litoria nannotis in Tully Gorge, Eastern Australia in Journal of Herpetology 35 : Page(s) 166•120

» Hodgkison, S.C. & J.•M. Hero (2002) Seasonal behaviour of Litoria nannotis, Litoria rheocola and Nyctimystes dayi in Tully Gorge, north Queensland, Australia in Frogs in the Community • Proceedings of the Brisbane Conference 13•14 Feb 1999

» Liem, D.S. (1974) A review of the Litoria nannotis species group and a description of a new species of Litoria from north•east Queensland in Memoirs of the Queensland Museum 17 : Page(s) 151•168

» Mack, Andrew L. (1995) Distance and non•randomness of seed dispersal by the dwarf cassowary Casuarius bennetti. Ecography 18 (3), 286•295.

» Martin, W.F. & McDonald, K.R. (1995) Draft Recovery Plan for the Threatened Stream•dwelling Frogs of the Wet Tropics

» McDonald, K. & R. Alford (1999) A review of declining frogs in northern Queensland in Declines and Disappearances of Australian Frogs 14•22

» Moore, L.A. and Moore, N.J. (1999) Preliminary assessment of cassowary habitat: Cairns Foothills. Report to the Wet Tropics Management Authority, Carins.

» Queensland Parks and Wildlife Service Recovery plan for the southern cassowary Casuarius casuarius johnsonii 2001 – 2005, Queensland Government, Natural Heritage Trust 2002

» Richards, S.J. (1992) The tadpole of the Australian frog Litoria nyakalensis (Anura: Hylidae), and a key to the torrent tadpoles of northern Queensland in Alytes 10 : Page(s) 99•103

42/14350/88717 Cassowary and Listed Frog Assessments 16 Stoney Creek » Schneider, C.J., M. Cunningham & C. Moritz (1998) The comparative phylogeography and the history of endemic vertebrates in the Wet Tropics rainforests of Australia in Molecular Ecology 7 : Page(s) 487•498

» Tyler, M.J. (1997) The Action Plan for Australian Frogs

42/14350/88717 Cassowary and Listed Frog Assessments 17 Stoney Creek GHD Pty Ltd ABN 39 008 488 373 1st Floor 85 Spence Street Cairns QLD 4870 PO Box 819 Cairns QLD 4870 Australia T: 07 4044 2222 F: 07 4044 2288 E: [email protected]

© GHD Pty Ltd 2006 This document is and shall remain the property of GHD Pty Ltd. The document may only be used for the purposes for which it was commissioned and in accordance with the Terms of Engagement for the commission. Unauthorised use of this document in any form whatsoever is prohibited.

Document Status

Rev Reviewer Approved for Issue Author No. Name Signature Name Signature Date

1 Small/Sargent J Sargent JS A Small 18/10/06

42/14350/88717 Cassowary and Listed Frog Assessments Stoney Creek

Cairns Rainforest Resort – EPBC Further Information

Appendix 5

Weed Management Plan

13 August 2007 Solutions for Success

Rainforest Estate Lot 1 RP804194, Douglas Track Road Weed Management Plan

16 February 2007

In Association with

Weed Management Plan: Lot 1 RP804194, Douglas

Tk Rd

1 Introduction...... 3 1.1 Background...... 3 2 Weed Survey...... 4 2.1 Survey Methods...... 4 2.2 Survey Results ...... 4 3 Management Strategies ...... 5 3.1 Control Recommendations ...... 5 3.2 Discussion...... 6 3.3 Proposed Declared and Undesirable Weeds Control Strategy ...... 7 Appendix - Photographs ...... 10

EcoSustainAbility Pty Ltd Cairns Office Mobile 61 (0)407 391211 Phone 61 (0)7 40558132 Fax 61 (0)7 40558142 [email protected] PO Box 230 Yorkeys Knob QLD 4878 Australia Fiji Contact Phone 679 3314925 Fax 679 330 5510 PO Box 12499 Suva, Fiji ACN 098560126

Version Notes

Version 1.1 provided to client for comment and/or submission to Cairns City Council. © EcoSustainAbility 2007 COMMERCIAL IN CONFIDENCE This document remains the property of EcoSustainAbility until all invoices relating to our consulting services for this project are fully paid. Copyright and ownership of the intellectual property contained in the report remains with EcoSustainAbility unless otherwise agreed. Unauthorised use, distribution, copying or dissemination of this document in any form whatsoever is prohibited. The content of this report should be read in the context of the scope of consulting services, the purpose of the document and the information supplied by the client. The report does not constitute legal or engineering advice.

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Flora Study: Lot 1 RP804194, Douglas Track Road

1 Introduction

1.1 Background

EcoSustainAbility was commissioned by EdgeArchitecture to develop a weed management plan for Lot 1 RP804194, Douglas Track Road, Rainforest Estate, Kamerunga. This weed management plan was prepared through collaboration between EcoSustainAbility and Biotropica Australia. 1.1.1 The Proposal Figure 1 below is the indicative concept layout.

Figure 1: Proposed Layout Plan

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Flora Study: Lot 1 RP804194, Douglas Track Road

2 Weed Survey

2.1 Survey Methods

A field traverse of the site was undertaken on the 13th February 2007. Particular attention was focused on declared weeds and those listed as undesirable within the Wet Tropics bioregion (Table 1). Photos of the majority of species are depicted within the appendix. The definition of ‘weed’ within this document follows that outlined within the Queensland Herbarium database; being ‘a species not native to Australia or the bioregion to which it is found’. The definition of ‘declared weed’ follows those species outlined within the ‘Land Protection (Pest and Stock Route Management) Act 2002’. The definitions of an undesirable plant follows both of Schedule 2 within the ‘Wet Tropics Management Plan 1998’ and that outlined by the Natural Resources and Mines, Queensland Government (2001) Weed Pocket Guide, Agricultural and Environmental Weeds- Far North Queensland. These three publications were then utilised to cross reference the level of priority pertaining to the proposed maintenance strategy outlined within section 6 of this document.

2.2 Survey Results

A total of 20 weed species were identified from this site (table 1). Of these species 2 are listed as declared and 11 as undesirable plants. As a result of a literature review to assess the weed risk it has been established that 2 species are of ‘high priority’, another 5 rating as ‘moderately high’, another 4 rating as a ‘moderate priority’ with the remaining 9 not having been mentioned within either of the three documents and thus must be considered as of ‘low priority’ for their removal.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Table 1: Weed species identified from the site with literature review ratings Species Common name Declar Undesi Undesi Review ed rable rable rating plant plant plant 0→3 (PSRM (WTMP (NR&M A 1998) 2001) 2002) Bambusa balcooa Balcooa Bamboo X √ √ 2 Clerodendrum paniculatum Pagoda flower X X X 0 Epipremnum aureum Devils Ivy X X X 0 Heliconia bourgaeana Purple Heliconia X X X 0 Hyptis Knob Weed X X √ 1 capitula Lantana camara Lantana √ √ √ 3 Mangifera indica Common Mango X X X 0 Megathyrsus maximus Guinea Grass X √ √ 2 Mimosa Sensitive weed X X X 0 pudica Neonotonia wightii Glycine X √ √ 2 Parmentiera aculeata Cucumber Tree X X √ 1 Pteris ensiformis form.Victoriae Slender Brake Fern X x X 0 Rivina humilis Coral Berry X X X 0 Spathodea campanulata African tulip tree √ √ √ 3 Stachytarpheta cayennensis Dark Blue Snakeweed X X √ 1 Syngonium podophyllum Arrow Head Vine X X √ 1 Tradescantia fluminensis Miniature Wandering Dew X √ √ 2 Tradescantia zebrina Zebra X √ √ 2 Wandering Dew Triumfetta rhomboidea Chinese X X X 0 Bur Vernonia cinerea Vernonia X X X 0

3 Management Strategies

3.1 Control Recommendations

The following table (table 2) outlines the management recommendations for those species identified from the site. In all cases Glyphosate 360 g/L is recommended in association with the use of an absorption agent LI 700 for increased herbicide uptake into the plant. A surfactant would be desirable on those species with a waxy leaf such as Tradescantia spp. and Syngonium podophyllum.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Table 2: Management recommendations for weeds occurring on the site Species Management recommendations Bambusa balcooa Apply 5ml Glyphosate 360 (1:15) + LI 700 into cut stem Spray regrowth, Glyphosate 360 (1:50 + LI 700) Mechanical removal should be investigated Clerodendrum paniculatum Foliar spray, Glyphosate 360 (1:50) + LI 700 Hand removal possible at this site Epipremnum aureum Cut and paint stems, Glyphosate 360 (1:1.5) + LI 700 Hand removal possible at this site Pteris ensiformis f. Victoriae Foliar spray, Glyphosate 360 (1:50) + LI 700 Hand removal possible at this site Heliconia bourgaeana Cut and paint, Glyphosate 360 (1:50) + LI 700 Hand removal possible at this site Hyptis capitula Foliar spray, Glyphosate 360 (1:100) + LI 700 Lantana camara Cut and paint stems, Glyphosate 360 (1:1.5) + LI 700 Spray regrowth, Glyphosate 360 (1:100) Mangifera indica Foliar spray seedlings, Glyphosate 360 (1:50) + LI 700 Cut and paint saplings, Glyphosate 360 (1:1.5) Frill or apply to cut stump of tree, Glyphosate 360 (1:1.5) Megathyrsus maxima Foliar spray, Glyphosate 360 (1:50) + LI 700 Mimosa pudica Foliar spray, Glyphosate 360 (1:50) + LI 700 Neonotonia wightii Foliar spray, Glyphosate 360 (1:50) + LI 700 Parmentiera aculeata Frill or apply to cut stump of tree, Glyphosate 360 (1:1.5) Rivina humilis Foliar spray, Glyphosate 360 (1:100) + LI 700 Spathodea campanulata Frill or apply to cut stump of tree, Glyphosate 360 (1:1.5) Stachytarpheta cayennensis Foliar spray, Glyphosate 360 (1:50) + LI 700 Syngonium podophyllum Foliar spray, Glyphosate 360 (1:50) + LI 700 Use a surfactant Hand removal possible at this site Tradescantia fluminensis Foliar spray, Glyphosate 360 (1:50) + LI 700 Use a surfactant Tradescantia zebrina Foliar spray, Glyphosate 360 (1:50) + LI 700 Use a surfactant Hand removal possible at this site Triumfetta rhomboidea Foliar spray, Glyphosate 360 (1:100) + LI 700 Vernonia cinerea Foliar spray, Glyphosate 360 (1:100) + LI 700 An rather insignificant weed 3.2 Discussion

Overall the occurrence of weeds on this site is minimal owing to the extensive cover of forest canopy with weeds mostly found along access tracks, clearings and margins. Based on the priority risk assessment Lantana camara (Lantana) and Spathodea campanulata (African tulip tree) should be removed first. Notwithstanding, the shade tolerant species should also be given priority for removal based on their likely persistence at this particular site. These species include Epipremnum aureum (Devils Ivy), Syngonium podophyllum (Arrow head Vine) and the Tradescantia spp. (Wandering Dews). These species are likely to increase in frequency following site works as they have a tendency to reproduce asexually, from pieces of severed plant. The occurrence of these species following site works will obstruct landscaping efforts at this complex.

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Flora Study: Lot 1 RP804194, Douglas Track Road

By far the most time consuming operation is the removal of Bambusa balcooa (Balcooa Bamboo) from the site. The utilization of mechanical means for removal would be the best technique in this instance. Following removal, herbicide treatment of resprouting culms would be required. Alternatively, the plants can be treated by a cut stump technique with the felled timber cut into billets and distributed across the site. Many weeds could be removed efficiently by hand. Small growing perennial species such as Rivina humilis (Coral Berry) and Clerodendrum paniculatum (Pagoda Flower) could be dealt with in this manner. These species could be opportunistically removed whilst treating other species listed as of higher priority. The occurrences of Parmentiera aculeata (Cucumber Tree) and Spathodea campanulata (African tulip tree) are within a riparian area and thus control strategies for these two species should bear in mind the increased risk of impacting on this sensitive habitat by inappropriate herbicide use. The occurrence of M. indica (Mango) on this site comprises a significant component of the forest canopy. It is therefore suggested, that building envelopes be positioned as best as possible in alignment with these weed trees. This strategy will reduce the occurrence of further weeds and minimise degradation to pre-existing native vegetation. This strategy would also strengthen the intensions of the sites developer, by creating an environmental based tourist complex whilst protecting the environment in the process.

3.3 Proposed Declared and Undesirable Weeds Control Strategy

The proposed management strategy is to prioritise for the mitigation against the spread of weed species from this site which pose the greatest risk to both the environment on the site and more importantly the Wet Tropics World Heritage area which it adjoins. In other words, to prioritise treatment to the most invasive and aggressive species. As a result of reviewing literature from the three documents mentioned above, the following priority weed control strategy has been compiled. This table intends to identify which species are to be removed first. Based on the following hierarchical list (Table 3), the following approach is proposed: • An initial site briefing by environmental scientist (weed specialist) to the weed control team to ensure identification and priority of treatment is well understood on site. • The team involved in the work would identify locations of Lantana camara and Spathodea campanulata infestations and work on these sites before moving onto lower priority species listed as ‘moderately high’ (within table 3). This strategy would continue hierarchically until all 20 weed species were managed effectively in the appropriate time restraints whilst using suitable methods (listed within table 2) • Species listed as of ‘low priority’ would be opportunistically treated were possible, however would be typically treated following those species rated as of ‘moderate priority’. The timing of initial weed control needs to be such that it is prior to major earthworks to avoid spreading weeds around the site. The disturbance of the site should be minimised and for this reason mechanical removal (e.g by rotary hoe) of the bamboo is not suggested as it is undesirable to leave an extensive area of broken bare soil which may erode. However this should be reviewed once final building layout and design is undertaken and compared to the weed infestation locations, as for instance, if the bamboo is where the central facilities will be located it can be mechanically controlled as the disturbed area will be stabilised during the construction of the buildings. The overall strategy for initial weed control will be:

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Flora Study: Lot 1 RP804194, Douglas Track Road

1. Moving systematically through the site to remove stems, trunks and foliage of the woody weeds (Bamboo and Spathodea, and opportunistically the Parmentiera aculeata) then treating the stumps with glyphosate. Bamboo trunks can be mulched or chipped and stored on site for landscaping, the Spathodea and Parmentiera can be cut into metre long billets and left on site. 2. Spray treatment of glyphosphate topically by knapsack using the required doses. The priority is priority three and two weeds with other being sprayed opportunistically. 3. The Tradescantia spp. and Syngonium should be foliar sprayed along the access road, but where they are within the forest foliar spray could kill non-target species so hand pulling is recommended, this can be assessed on a case by case basis for each infestation. Additional treatments will be required three and six months after initial treatment with a follow up survey and review of any ongoing requirements twelve months following this.

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Flora Study: Lot 1 RP804194, Douglas Track Road

Table 3: Priority weed control strategy Weed Priority species for Control comments Risk treatment Lantana camara Present in localised regions on the site. Score 3 (Lantana) Refer to table 2 for treatment methods (High) Spathodea campanulata Present in localised regions on the site. (African tulip tree) Refer to table 2 for treatment methods Bambusa balcooa Present in one localised region on the site. Score 2 (Balcooa Bamboo) Refer to table 2 for treatment methods (moderately Megathyrsus maximus Present in two localised region on the site. high) (Guinea Grass) Refer to table 2 for treatment methods Neonotonia wightii Present sparsely along margins on the site (Glycine) Refer to table 2 for treatment methods Tradescantia fluminensis Present along access tracks on the site. (Miniature Wandering Dew) Refer to table 2 for treatment methods Tradescantia zebrina Present along access tracks on the site. (Zebra Wandering Dew) Refer to table 2 for treatment methods Hyptis capitula Present along access tracks on the site. Score 1 (Knob weed) Refer to table 2 for treatment methods (moderate Parmentiera aculeata One plant identified on site priority) (Cucumber Tree) Refer to table 2 for treatment methods Stachytarpheta cayennensis Present along access tracks on the site. (Dark Blue Snakeweed) Refer to table 2 for treatment methods Syngonium podophyllum Present along access tracks on the site. Arrow head Vine Refer to table 2 for treatment methods Clerodendrum paniculatum Present in one localised region on the site. Score 0 (Pagoda flower) Refer to table 2 for treatment methods (low priority) Epipremnum aureum Present in one localised region on the site. (Devils Ivy) Refer to table 2 for treatment methods Heliconia bourgaeana Present in one localised region on the site. Purple Heliconia Refer to table 2 for treatment methods Mangifera indica Distributed throughout the site (Common Mango) Refer to table 2 for treatment methods Mimosa pudica Only known from road verges on the site (Sensitive weed) Refer to table 2 for treatment methods Pteris ensiformis form. Scattered individuals along access roads Victoriae Refer to table 2 for treatment methods (Slender Brake Fern) Rivina humilis Present in one localised region on the site. (Coral Berry) Refer to table 2 for treatment methods Triumfetta rhomboidea Present along access tracks on the site. (Chinese Burr) Refer to table 2 for treatment methods Vernonia cinerea Present along access tracks on the site. (Vernonia) Refer to table 2 for treatment methods

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Flora Study: Lot 1 RP804194, Douglas Track Road

Appendix - Photographs

Figure 1: Mangifera indica as a major component of the forest canopy

Figure 2: Stachytarpheta cayennensis as a component of access tracks

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Flora Study: Lot 1 RP804194, Douglas Track Road

Figure 3: Epipremnum aureum as a minor component of access tracks

Figure 4: Tradescantia fluminensis as a component of access tracks

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Flora Study: Lot 1 RP804194, Douglas Track Road

Figure 5: Pteris ensiformis f. Victoriae as a component of access tracks

Figure 6: Tradescantia zebrina as a component of access tracks

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Flora Study: Lot 1 RP804194, Douglas Track Road

Figure 7: Syngonium podophyllum as a component of access tracks

Figure 8: Bambusa balcooa as a component of previous clearing

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Flora Study: Lot 1 RP804194, Douglas Track Road

Figure 9: Clerodendrum paniculatum as a component of clearings

Figure 10: Rivina humilis as a component of clearings

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Flora Study: Lot 1 RP804194, Douglas Track Road

Figure 11: Megathyrsus maximus as a component of clearings

Figure 12: Spathodea campanulata as a riparian weed

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Flora Study: Lot 1 RP804194, Douglas Track Road

Figure 13: Heliconia bourgaeana as a minor understorey weed

Figure 14: Parmentiera aculeata as a minor riparian weed

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Cairns Rainforest Resort – EPBC Further Information

Appendix 6

Planning and Environment Court – Consent Orders

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Cairns Rainforest Resort – EPBC Further Information

Appendix 7

Development Approval Conditions

Note: The conditions superseded by the consent orders for the resort aspects of the proposal are struck out.

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