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Flora and Fauna Impact Assessment

Proposed Upgrade to the Air Services Cooma Non-Directional Beacon (NDB).

An ecological impact assessment prepared for Daly International

SEPTEMBER 2010

Report No. EcIA 0180

Citation

EnviroKey (2010) and Fauna Impact Assessment: Proposed Upgrade to the Air Services Australia Cooma Non-Directional Beacon (NDB). A report prepared by of EnviroKey for Daly International. Report No. EcIA_0180. Final Version 22/09/2010.

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All intellectual property rights, including copyright, in documents created by EnviroKey remain the property of EnviroKey. The information contained within this document is confidential. It may only be used by the person to whom it is provided for the stated purpose for which it is provided. The document must not be imparted to any third person without the prior written approval of EnviroKey.

Disclaimer

The scope of work for this report was defined by and budgetary constraints and the availability of other reports and data.

EnviroKey accept no liability or responsibility for or in respect of any use of or reliance upon this report and its supporting material in whole or in part by any third party. Information in this report is not intended to be a substitute for site specific assessment or legal advice in relation to any .

PO Box 7231 Tathra NSW 2550 t 02 6494 5422 www.envirokey.com.au [email protected] ABN 35255478680

Executive Summary

EnviroKey were engaged by Daly International to complete a Flora and Fauna Impact Assessment to determine the potential impacts to flora, fauna, threatened species, populations and communities and their as a result of a proposed upgrade to the Air Services Australia Non-Directional Beacon (NDB) Facility at Cooma, NSW.

The site analysis was undertaken on the 10th September 2010 that revealed a total of 13 flora species, nine of which are exotic species. No threatened flora were recorded, nor are any expected to occur. Existing vegetation community mapping for the area shows the study area mapped as Stipa (Austrostipa) scabra – Stipa bigeniculata grassland. However, it should be noted that this mapping is broad scale in and does not discern between areas of native grassland, improved pastures and the like. Live vegetation cover within the site comprises approximately 70% exotic and 30% native species. With regard to the NSW Native Vegetation Act 2003, this vegetation can be classified as non-native due to it comprising grassland with less than 50% live native cover. Given this, the site is considered to be, at best, ‘Modified Tussock Grassland’. One exotic species (Scotch Thistle) is listed as a noxious weed (Class 4: Locally Controlled Weeds in Snowy River LGA). The growth and spread of the must be controlled according to the measures specified in a management plan published by the local control authority. The Endangered Ecological Community (EEC) Natural Temperate Grassland in NSW and the ACT is known to occur within the locality and the wider region. Landscape position and remnant native species in and adjacent to the site indicate that the study area was likely to formerly comprise the EEC. However, due to the dominance of the study area by exotic species (70% cover), it is determined that it does not comprise the EEC. The ongoing threat of weed invasion severely limits the likelihood of natural regeneration that would return the site to represent the EEC. Conversely, the EEC does appear present on the land on the western, northern and eastern boundaries of the study area. These areas of vegetation are dominated by native flora species, and these are considered consistent with the identification guidelines above, in that the EPBC listed EEC, Natural Temperate Grassland in NSW and the ACT is present. A total of six species of fauna were recorded during the site analysis and these are regarded as typical of the within the region. No threatened or migratory species were detected during the site analysis. One fauna habitat is present, Modified Tussock Grassland which provides potential habitat for threatened reptile fauna.

Of the threatened and migratory biota that are known to, or predicted to occur in the locality, our evaluation found that three threatened species, one EEC (EPBC listed only) and two migratory species could or are known to occur based on the habitat attributes of the study area. Significance Assessments undertaken pursuant to the TSC Act indicate that the proposed activity was unlikely to have a significant effect on Diamond Firetail, Grassland Earless Dragon and Striped Legless Lizard provided that the recommendations outlined in section 6 are fully adopted. The proposed activity will not require a Species

PO Box 7231 Tathra NSW 2550 t 02 6494 5422 www.envirokey.com.au [email protected] ABN 35255478680

Flora and Fauna Impact Assessment: Proposed Upgrade to the ASA Cooma Non-Directional Beacon (NDB). Report EcIA.0180

Table of Contents

1 INTRODUCTION ...... 1 1.1 PROPOSED ACTIVITY ...... 2 1.2 DEFINITIONS USED IN THIS REPORT ...... 3

2 DESKTOP ANALYSIS ...... 4 2.1 LEGISLATIVE CONTEXT ...... 4 2.1.1 Threatened Species Conservation Act 1995 ...... 4 2.1.2 Environment Protection and Conservation Act 1999 ...... 4 2.1.3 State Environmental Planning Policy No. 44 ...... 5 2.1.4 Ecologically Sustainable Development (ESD) ...... 5 2.1.5 Native Vegetation Act 2003 ...... 6 2.2 THREATENED SPECIES RECORDS IN THE LOCALITY ...... 6

3 SITE ANALYSIS ...... 7 3.1 METHODS ...... 7 3.1.1 Flora and Vegetation Communities ...... 7 3.1.2 Fauna and their Habitats ...... 7 3.1.3 Nomenclature ...... 7 3.2 FLORA AND VEGETATION COMMUNITIES ...... 8 3.2.1 Species Richness ...... 8 3.2.2 Vegetation Communities ...... 8 3.2.3 Disturbance ...... 8 3.2.4 Threatened Flora and Species of Conservation Significance ...... 8 3.2.5 Conservation Significance of Vegetation Communities ...... 9 3.2.6 Endangered Ecological Communities ...... 9 3.3 FAUNA AND THEIR HABITATS ...... 10 3.3.1 Species Richness ...... 10 3.3.2 Threatened & Migratory Species ...... 10 3.3.3 Fauna Habitats ...... 11 3.3.4 Habitat Corridors ...... 11 3.4 LIMITATIONS ...... 11

4 POTENTIAL IMPACTS ...... 13 4.1 DIRECT IMPACTS ...... 13 4.2 INDIRECT IMPACTS ...... 13

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5 IMPACT ASSESSMENT ...... 14 5.1 SEPP 44 KOALA HABITAT ...... 14 5.2 THREATENED AND MIGRATORY BIOTA EVALUATION ...... 14 5.3 MIGRATORY SPECIES ...... 24 5.4 SIGNIFICANCE ASSESSMENTS (TSC ACT) ...... 24 5.5 SIGNIFICANCE ASSESSMENTS (EPBC ACT) ...... 30

6 RECOMMENDATIONS ...... 33

7 CONCLUSION ...... 34

8 REFERENCES ...... 35

9 APPENDICES ...... I APPENDIX 1 – MAPPING ...... II APPENDIX 2 - FLORA SPECIES RECORDED ...... III APPENDIX 3 – FAUNA SPECIES RECORDED ...... V APPENDIX 4 – EPBC PROTECTED SEARCH TOOL ...... VII

Figures & Tables

Figure 1: Location of the Study Area near Cooma Airport (Image courtesy of Google )...... 2 Figure 2: Existing Environment of the Study Area ...... 10 Figure 3: Location of the study area (pink polygon) in a landscape context (Image courtesy of Google Earth)...... 12

Table 1: Assessment of the likelihood of threatened and migratory biota occurrence within the study area from records within a 10km radius. Habitat and information sourced from DECCW (2010) and other various sources...... 16

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1 INTRODUCTION Daly International acts on behalf of Air Services Australia who proposes to upgrade an existing facility near Cooma Airport in the Snowy River local government area (LGA). EnviroKey previously completed desktop analysis at 21 sites across Australia as part of proposed upgrades to Air Services Australia facilities. As a result of this desktop analysis, it was recommended that further investigation and assessment occur at the Cooma Non- Directional Beacon (NDB). Subsequently, EnviroKey were engaged by Daly International to complete a Flora and Fauna Impact Assessment to ascertain the potential impacts to threatened species, populations and communities and their habitats as a result of the proposed upgrade.

This report provides the following information to assist Daly International in the preparation of an Environmental Assessment for the proposed activity:

 Provide a description of the works that Air Services Australia will undertake at the site, including works outside the site lease (e.g. road access improvement, lopping of vegetation on lease boundary) that may be required to facilitate the works undertaken on site.  Provide a desktop review to identify whether the site and surrounding area is located within any area of conservation value.  Describe the methodologies used for the site analysis including those areas where works may occur outside the site lease.  Describe the condition of the site and potential to provide habitat for protected species under Commonwealth and State legislation.  List the flora & fauna species and ecological communities observed on site.  Document the conservation status of observed species and ecological communities under Commonwealth and State legislation.  Assess the significance of the potential impacts of the proposed activity on Matters of National Environmental Significance listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and whether the activity will require referral to the Commonwealth Minister to advise on the permit requirements.  Assess the significance of the potential impacts of the proposed activity on species, populations, communities and their habitats that occur, or have the potential to occur within the study area pursuant to the NSW Threatened Species Conservation Act 1995 and whether the activity will require a Species Impact Statement.

 Provide a series of recommendations designed to reduce risks and minimise the impacts of the proposed activity on flora and fauna.

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 Provide maps and photographs detailing the location of the site, the location of any significant flora and fauna species and the vegetation communities and habitats present.

1.1 PROPOSED ACTIVITY

The site currently accommodates 2 x 21 metre towers about 70 metres apart with a connecting wire which suspends a vertical drop wire in the middle being the transmitter.

The proposed activity is to:

 Swap out these two existing 21m lattice towers for two 25m towers slimmer but slightly bulkier in nature.  Construct a new equipment shelter approximately 3m x 3m.

This will result in the construction of new towers beside the existing structures at approximately 15 degree orientation to the existing, then the removal of the existing towers.

The proposed activity is located within the Snowy River LGA and the Murrumbidgee CMA region (Monaro sub-region).

Figure 1: Location of the Study Area near Cooma Airport (Image courtesy of Google Earth).

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1.2 DEFINITIONS USED IN THIS REPORT

The following definitions are used within this report: activity - has the same meaning as in the Environmental Planning and Assessment Act 1979 (EP&A Act). The nature of the proposed activity is described in section 1.1 subject site – the area to be directly affected by the proposal. study area – includes the subject site and any additional areas that are likely to be affected by the proposed activity, either directly or indirectly.

CMA – Catchment Management Authority

DECCW – Department of Environment, Change and Water

DEWHA – Department of Environment, Water, Heritage and the Arts

LGA – Local Government Area. likely - taken to be a real chance or possibility. locality - means the area within a 10 km radius of the subject site. local population - the population that occurs within the study area, unless the existence of contiguous or proximal occupied habitat and the movement of individuals or exchange of genetic material across the boundary can be demonstrated (DECC 2007). region - means a biogeographical region that has been recognised and documented such as the Interim Biogeographical Regions of Australia (IBRA) (Thackway and Creswell 1995). The study area is located within the South-easdtern Highlands Bioregion. threatened biota - means those threatened species, endangered populations or endangered ecological communities considered known or likely to occur in the study area. threatened species – a species specified in the schedules of the TSC Act or the EPBC Act. migratory species – a species specified in the schedules of the EPBC Act. endangered population (EP)- population specified in Part 2 of Schedule 1 of the TSC Act.

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2 DESKTOP ANALYSIS

2.1 LEGISLATIVE CONTEXT

2.1.1 Threatened Species Conservation Act 1995

The Threatened Species Conservation Act 1995 (TSC Act) specifies seven factors which must be considered by decision-makers regarding the effect of a proposed development or activity on threatened species, populations or ecological communities, or their habitats (DECC 2007). These factors form part of the threatened species assessment process under the Environmental Planning and Assessment Act 1979 (EP&A Act) and are collectively referred to as the ‘Seven-part Test’ (DECC 2007).

Determining authorities have a statutory obligation under the EP&A Act to consider whether a proposal is likely to significantly affect threatened species, populations or ecological communities, or their habitats by applying the Seven-part Test. If the determination is made that there is likely to be a significant effect then either;

 A Species Impact Statement (SIS) must be prepared and the concurrence of the Director-General of the Department of Environment, Climate Change and Water (DECCW) obtained prior to the consent authority making a determination, or

 The proposal may be modified such that a significant effect on threatened species, populations or ecological communities, or their habitats is unlikely (DEC 2004).

This report applies the seven part test to species which may potentially be impacted by the proposal in order to characterise the significance of the impact. 2.1.2 Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) enables the Australian Government to join with the states and territories in providing a national scheme of environment and heritage protection and biodiversity conservation.

Under the EPBC Act, actions that have, or are likely to have a significant impact on a matter of national environmental significance (NES) require approval from the Australian Government Minister for the Environment, Heritage and the Arts (DEH 2006).

The eight matters of NES that are protected under the EPBC Act are:

 Listed threatened species and communities  Listed migratory species  Ramsar wetlands of international importance  Commonwealth marine environment  World heritage properties  The Great Barrier Reef Marine Park  Nuclear actions

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With only the first two matters of relevance to the location of the proposed activity, this report provides an assessment to ascertain whether the proposed activity will require referral to the Commonwealth. 2.1.3 State Environmental Planning Policy No. 44

State Environmental Planning Policy (SEPP) No. 44 encourages the conservation and management of natural vegetation areas that provide habitat for Koalas to ensure that permanent free-living populations will be maintained over their present range across 107 local government areas (LGA). Snowy River LGA is one of these LGA, of which the subject site is located. Local councils cannot approve development in an area affected by the policy without an investigation of core koala habitat. The policy provides the state-wide approach needed to enable appropriate development to continue, while ensuring there is ongoing protection of koalas and their habitat.

SEPP 44 aims to identify areas of potential and core Koala Habitat. These are described as follows:

• Potential Koala Habitat is defined as areas of native vegetation where the trees listed in Schedule 2 of SEPP 44 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component; and

• Core Koala Habitat is defined as an area of land with a resident population of koalas, evidenced by attributes such as breeding females, and recent and historical records of a population.

This report will consider the relevance of SEPP44 in section 5. 2.1.4 Ecologically Sustainable Development (ESD)

Ecologically sustainable development (ESD) involves the effective integration of social, economic and environmental considerations in decision-making processes. In 1992, the Commonwealth and all state and territory governments endorsed the National Strategy for Ecologically Sustainable Development. In NSW, the concept has been incorporated in legislation such as the EP&A Act and Regulation.

For the purposes of the EP&A Act and other NSW legislation, the Intergovernmental Agreement on the Environment (1992) and the Protection of the Environment Administration Act 1991 outline the following principles which can be used to achieve ESD.

(a) The precautionary principle: that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

In the application of the precautionary principle, public and private decisions can be guided by:

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(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

(ii) an assessment of the risk-weighted consequences of various options,

(b) Inter-generational equity: that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations,

(c) Conservation of biological diversity and ecological integrity: that conservation of biological diversity and ecological integrity should be a fundamental consideration,

The aims, structure and content of this report are guided by these principles. The precautionary principle has been adopted in the assessment of impact; all potential impacts have been considered and mitigated where a risk is present. Where uncertainty exists, measures have been suggested to address it.

2.1.5 Native Vegetation Act 2003

The objectives of the Native Vegetation Act 2003 (‘NV Act) are to provide for, encourage and promote the management of native vegetation on a regional basis in the social, economic and environmental interests of the State, Further, the NV Act is: (a) to prevent broadscale clearing unless it improves or maintains environmental outcomes; (b) to protect native vegetation of high conservation value having regard to its contribution to such matters as water quality, biodiversity, or the prevention of salinity or land degradation, and (c) to improve the condition of existing native vegetation, particularly where it has high conservation value, and (d) to encourage the revegetation of land, and the rehabilitation of land, with appropriate native vegetation. While this report considers the principles of the NV Act, it does not make a formal assessment under the NV Act.

2.2 THREATENED SPECIES RECORDS IN THE LOCALITY

As part of the desktop analysis, data was sought from DECCW Atlas of NSW Wildlife (which includes flora records) in relation to threatened species within a 10km radius of the study area. These records are detailed in Map 1 at a scale permissible by DECCW agreement (1:250,000). Similarly, information on threatened species listed under the EPBC Act that could occur in the area was sourced using the Protected Matters Search Tool using a 10km buffer around a point representing the Study Area (DEWHA 2010). This search also identified a number of threatened and migratory entities that are known to, or have the potential to occur in the locality and these are considered further in section 5.

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3 SITE ANALYSIS

3.1 METHODS

The site analysis was undertaken on the 10th September 2010 to collect data on flora and vegetation communities and fauna and their habitats by a suitably qualified and experienced Ecologist. The total survey effort was approximately 5 person hours including a ‘rock rolling’ search for reptile fauna. The site visit was conducted under a current Scientific Licence issued under Clause 22 of the National Parks and Wildlife Regulation 2002 and section 132C of the National Parks and Wildlife Act 1974 by the NSW Department of Environment, Climate Change and Water and an Research Authority issued by the Director- General’s Animal Care and Ethics Committee of NSW Department of Primary Industries (now Industry and Investment NSW).

3.1.1 Flora and Vegetation Communities

Flora species were recorded for each of the vegetation communities surveyed using the random meander method (Cropper 1993) rather than quadrats, to maximise the opportunity of detecting significant or sparsely distributed flora species. Flora unable to be identified during the survey were identified using the online version of the Flora of NSW (PlantNET 2010). Flora species recorded are detailed within Appendix 1. Vegetation communities were classified by comparing the floral assemblages to the Vegetation Mapping for the Monaro (monaro_VISmap_2513) where possible. Mapping detailing the approximate extent of vegetation communities were produced at the conclusion of the site visit and by air-photo interpretation using ArcMap 9.2 (Map 2 & 3).

3.1.2 Fauna and their Habitats

Given the small area of impact proposed, no detailed fauna surveys were completed within the study area. Rather, a general survey comprising a diurnal survey, a reptile survey by turning more than 150 loose rocks, and a survey of fauna habitat was completed by traversing the site and identifying habitat resources that could be used by fauna known from the locality that may use the habitats of the study area. Any fauna species or signs of their past presence such as scats observed opportunistically during the site analysis were recorded.

Fauna habitats were classified based on the presence of available resources and their approximate extent mapped using ArcMap 9.2 (Map 3).

3.1.3 Nomenclature

For flora, nomenclature follows that of the online version of the Flora of NSW (PlantNET 2010). For fauna, nomenclature follows Morcombe (2004) for , Menkhorst & Knight (2004) for mammals (except bats), Churchill (2008) for bats, Tyler & Knight (2009) for frogs

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Flora and Fauna Impact Assessment: Proposed Upgrade to the ASA Cooma Non-Directional Beacon (NDB). Report EcIA.0180 and the latest guide for the reptiles of NSW (Swan et al. 2004). Where no common name is provided with these texts, a generally accepted name is used.

3.2 FLORA AND VEGETATION COMMUNITIES

3.2.1 Species Richness

A total of 13 flora species were recorded during the site analysis (Appendix 1) including 9 exotic species. No threatened flora species were recorded.

3.2.2 Vegetation Communities

Existing vegetation community mapping for the area shows the study area mapped as Stipa (Austrostipa) scabra – Stipa bigeniculata grassland (Map 2). However, it should be noted that this mapping is broad scale in nature and does not discern between areas of native grassland, improved pastures and the like. Live vegetation cover within the site comprises approximately 70% exotic and 30% native species. With regard to the NSW Native Vegetation Act 2003, this vegetation can be classified as non-native due to it comprising grassland with less than 50% live native cover. Given this, the site is considered to be, at best, ‘Modified Tussock Grassland’. 3.2.3 Disturbance

The vegetation of the study area is in poor condition based on the high ratio of exotic species compared to natives and the overall low numbers of native species present (i.e. four). The presence of exotic pasture species (i.e. barley, phalaris and clover) suggest that the surrounding area has previously been subject to some level of pasture improvement. These and other exotic species have encroached into the study area. Given that the surrounding land use and condition represents an ongoing threat to the condition of the subject land, it is unlikely that natural regeneration of native vegetation would occur. The perimeter and tracks within the site appear to be sprayed with herbicide and, as such, are totally devoid of vegetation. Minor soil erosion is evident in these areas. One exotic species (Scotch Thistle) is listed as a noxious weed (Class 4: Locally Controlled Weeds in Snowy River LGA). The growth and spread of the plant must be controlled according to the measures specified in a management plan published by the local control authority. 3.2.4 Threatened Flora and Species of Conservation Significance

No threatened flora, species of conservation significance or endangered populations were recorded during the site analysis.

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3.2.5 Conservation Significance of Vegetation Communities

The vegetation community of the study area comprises an exotic flora content of around 70% cover. This does not warrant any consideration of conservation significance.

3.2.6 Endangered Ecological Communities

The Endangered Ecological Community (EEC) Natural Temperate Grassland in NSW and the ACT is known to occur within the locality and the wider region. The National Recovery Plan for this EEC details the defining characteristics for field identification (EnvACT 2005):

1. Occurrence within the temperate lowland zone of the Southern Tablelands where tree growth is climatically limited (elevation up 1200m in the south); 2. Treeless or containing up to 10% projective cover of trees, shrubs or sedges; 3. Dominated by native grasses and/or forbs (more than 50% total of vegetative cover, excluding introduced annuals); 4. A diversity of native forbs is present, or if disturbed, having components of the indigenous native species (including both existing and reproductive propagules in the soil eg, soil seed banks) sufficient to re-establish the characteristic native groundcover.

In the case of the study area, the following evaluation is made of each point.

1. Yes, the subject land is within this zone. 2. Yes, the subject land is treeless. 3. No, the subject land is dominated by exotic flora. Exotic flora comprises some 70% of the vegetation cover, excluding introduced annuals. 4. Only one native forb species was detected and this was outside of the fenced compound. The presence of exotic pasture species (i.e. barley, phalaris and clover) suggest that the surrounding area has previously been subject to some level of pasture improvement. These and other exotic species have encroached into the study area. Given that the surrounding land use and condition represents an ongoing threat to the condition of the subject land, it is unlikely that natural regeneration of native vegetation would occur.

Landscape position and remnant native species in and adjacent to the site indicate that the study area was likely to formerly comprise the EEC. However, due to the dominance of the study area by exotic species (70% cover), it is determined that it does not comprise the EEC. The ongoing threat of weed invasion severely limits the likelihood of natural regeneration that would return the site to represent the EEC. Conversely, the EEC does appear present on the land on the western, northern and eastern boundaries of the study area. These areas of vegetation are dominated by native flora species, and these are considered consistent with the identification guidelines above, in that the EPBC listed EEC, Natural Temperate Grassland in NSW and the ACT.

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Figure 2: Existing Environment of the Study Area

3.3 FAUNA AND THEIR HABITATS

3.3.1 Species Richness

A total of six species of fauna were recorded during the site analysis (Appendix 3). These can be summarised as follows:

 4 species of bird  1 species of reptile  1 species of mammal (introduced species)

The fauna species recorded during the site analysis is regarded as typical of the habitat within the region.

3.3.2 Threatened & Migratory Species

No threatened or migratory species were detected during the site analysis.

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3.3.3 Fauna Habitats

The site analysis identified one general habitat type. This was Modified Tussock Grassland. The approximate extent of this habitat is provided (Map 3) and photographs depicting the existing environment are also presented (Figure 2).

Modified Tussock Grassland

The study area comprises of a modified Tussock Grassland that is degraded by a number of processes. These processes include the apparent spraying of herbicides around the boundary fence for a width of approximately three metres, numerous weed species within the compound, and a vehicular track that enters the site. Conversely, the vehicle track provides an opportunity to confine impacts to only one part of the study area, rather than all over it. The study area is scattered with basalt rocks on the surface, many of which are loose, and were actively searched during the site analysis for threatened reptile fauna. One reptile species was recorded, the Eastern Three-lined Skink (Acritoscincus dupreyii). Although based on the presence of a tussock grassland, albeit, a modified and degraded one, there remains the potential for threatened reptile fauna known from the locality and wider region to use the study area from time to time. This is particularly likely given that both the Grassland Earless Dragon and Striped Legless Lizard are known to occur in degraded communities dominated by exotic flora. Birds suited to open environments such as pipits and songlark were also observed and are typical of these habitats. European rabbits are also present onsite, with both scratching and scats observed.

3.3.4 Habitat Corridors

Analysis of aerial imagery of the study area and the surrounding landscape suggest that it is unlikely that a habitat or movement corridor is present within the site. The study area is located within a larger area of grassland habitat (Figure 3) that spans several kilometres.

3.4 LIMITATIONS

While this study was completed during early Spring 2010 when field conditions were conducive to detecting many of the threatened flora and fauna that are known to occur in the area, a common limitation of many ecological studies is the short period of time in which they are conducted. When combined with a lack of seasonal sampling this can lead to either low detection rates or false absences being reported. This is also particularly relevant to highly mobile species that can use different habitats across their range at any given time. For these reasons, it should be recognised that it may be impossible to rule out species absence for some species during field surveys. To minimise this, the site analysis focused on the survey of habitats and the existing environment to document the resources available to species to assist in determining whether they are likely to use the study area, but went undetected. Further analysis occurs within section 5 of this report.

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Figure 3: Location of the study area (pink polygon) in a landscape context (Image courtesy of Google Earth).

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4 POTENTIAL IMPACTS

4.1 DIRECT IMPACTS

The footprint of the proposed activity is of such small area, that by design alone, direct impacts are minimal.

The proposed activity will however, result in the removal of a small area of modified vegetation that is dominated by exotic flora cover. This section provides the rationale behind establishing the direct impacts of the proposed activity.

The site currently accommodates 2 x 21 metre towers about 70 metres apart with a connecting wire which suspends a vertical drop wire in the middle being the transmitter.

The proposed activity is to:

 Swap out these two existing 21m lattice towers for two 25m towers slimmer but slightly bulkier in nature comprising of a ground surface area of 4m x 4m each. (32m2 / 0.0032ha). This will result in the construction of these new towers beside the existing structures at approximately 15 degree orientation to the existing, then the removal of the existing towers.  The construction of a new equipment shelter approximately 3m x 3m.

The proposed activity will result in a direct impact area of approximately 0.0041ha.

The study area is considered to provide potential habitat for two threatened reptile fauna, the Grassland Earless Dragon and Striped Legless Lizard. Both species of reptile are small, and could become trapped in open excavations associated with the construction period if they were to enter the site.

Temporary impacts could also occur as a result of construction activities. These could include, but may not be limited to material storage, construction equipment and vehicle parking. This is expected to be no greater than 0.08ha and is of relevance only during the construction period. It is assumed that the study area would be reinstated to the site conditions present prior to construction commencing.

4.2 INDIRECT IMPACTS

The proposed activity has the potential to result in a number of indirect impacts that may affect species or populations in a manner other than direct loss.

Indirect impacts could include the loss of breeding opportunities, further weed invasion and disturbance from construction noise to adjacent habitat. Section 6 of this report provides a series of recommendations that will minimise the likelihood of indirect impacts affecting any species or populations within the study area.

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5 IMPACT ASSESSMENT

5.1 SEPP 44 KOALA HABITAT

SEPP 44 encourages the conservation and management of natural vegetation areas that provide habitat for Koalas to ensure that permanent free-living populations will be maintained over their present range across 107 council areas. SEPP 44 aims to identify areas of potential and core Koala Habitat. These are described as follows:

• Potential Koala Habitat is defined as areas of native vegetation where the trees listed in Schedule 2 of SEPP 44 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component; and

• Core Koala Habitat is defined as an area of land with a resident population of koalas, evidenced by attributes such as breeding females, and recent and historical records of a population.

No trees as listed in Schedule 2 of SEPP 44 are present, therefore the area is not considered potential koala habitat under SEPP 44.

No evidence of Koala was found in the study area although it has been recorded within the locality (Map 1).

Taking these factors into account, the study area could not be considered Core Koala Habitat under SEPP 44. The proposal is not expected to impact upon Koalas or their habitat.

5.2 THREATENED AND MIGRATORY BIOTA EVALUATION

When evaluating which threatened species and endangered populations are likely to occur within the study area, the following factors were taken into consideration:

 the presence of potential habitat  condition of and approximate extent of potential habitat  species occurrence within Study Area and wider locality

The following table (Table 1) provides an evaluation of the threatened and migratory biota that are known to, or predicted to occur within the Study Area compiled from the following sources of threatened species data in the locality:

 DECCW Atlas of NSW Wildlife (which includes flora records) using a 10km radius of the Study Area as the search area.  EPBC Act Protected Matters Reporting Tool using a 10km buffer of the study area

The following criteria were applied to this data :

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 No (no suitable habitat based on known habitat requirements within the study area; in the case of flora, site extensively searched during the appropriate time of year for detection and species not present)  Unlikely (no suitable habitat is present, but there are records in the locality and the species is highly-mobile)  Possible (recorded in the locality, suitable habitat within the Study Area)  Yes (recorded during the site analysis).

Legend for Table 1:

Likelihood of occurring within study area:

No (no suitable habitat based on known habitat requirements within the study area and species has limited mobility; in the case of flora, site extensively searched during the appropriate time of year for detection and species not present)

Unlikely (no suitable habitat is present, but there are records in the locality and the species is highly- mobile)

Possible (recorded in the locality, suitable habitat within the study area)

Yes (recorded during the field survey).

V = Vulnerable

E = Endangered

CE = Critically Endangered

M = Migratory

POP = Endangered Population

TSC = NSW Threatened Species Conservation Act 1995

EPBC = Commonwealth Environment Protection and Biodiversity Conservation Act 1999

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Table 1: Assessment of the likelihood of threatened and migratory biota occurrence within the study area from records within a 10km radius. Habitat and ecology information sourced from DECCW (2010) and other various sources.

Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area

Birds Blue-billed Duck Oxyura australis V TSC Prefers deep water in large permanent No Yes No Unlikely wetlands and swamps.

Great Egret Ardea alba M EPBC Great Egrets prefer shallow water, No Predicted No Unlikely particularly when flowing, but may be to occur seen on any watered area.

Cattle Egret Ardea ibis M EPBC The Cattle Egret is found in grasslands, No Predicted Possible, Possible woodlands and wetlands, and is not to occur foraging common in arid areas. It also uses pastures and croplands, especially where drainage is poor. It will also forage at garbage dumps, and is often seen with cattle and other stock.

Painted Snipe Rostratula benhalensis E TSC In NSW, this species has been recorded No Predicted No Unlikely V EPBC at the Paroo wetlands, Lake Cowell, to occur Macquarie Marshes and Hexham Swamp. Most common in the Murray- Darling Basin. Prefers fringes of

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Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area swamps, dams and nearby marshy areas where there is a cover of grasses, lignum, low scrub or open timber.

Diamond Firetail Stagonopleura guttata V TSC Found in grassy eucalypt woodlands, No Yes Yes Possible including Box-Gum Woodlands and Gum Eucalyptus pauciflora Woodlands. Also occurs in open forest, mallee, Natural Temperate Grassland, and in secondary grassland derived from other communities. Often found in riparian areas (rivers and creeks), and sometimes in lightly wooded farmland. White-bellied - Haliaeetus leucogaster M EPBC The species is normally seen perched No Predicted No Unlikely eagle high in a tree, or soaring over waterways to occur and adjacent land, particularly along coastlines, lakes and rivers.

Swift Parrot Lathamus discolor E TSC Migrates to the Australian south-east No Predicted No No mainland between March and October. to occur E EPBC On the mainland they occur in areas where eucalypts are flowering profusely or where there are abundant lerp (from sap-sucking bugs) infestations. Favoured feed trees include winter flowering species such as Swamp Mahogany Eucalyptus robusta, Spotted

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Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area Gum Corymbia maculata, Red Bloodwood C. Gummifera, Mugga Ironbark E. Sideroxylon, and White Box E. Albens. White-throated Hirundapus M EPBC The species is an aerial bird and for a No Predicted Yes Possible Needletail caudacutus time it was commonly believed that they to occur did not land while in Australia. It has now been observed that birds will roost in trees, and radio-tracking has since confirmed that this is a regular activity.

Satin Flycatcher Myiagra cyanoleuca M EPBC The Satin Flycatcher is found in tall No Predicted No No forests, preferring wetter habitats such to occur as heavily forested gullies, but not .

Rainbow Bee-eater Merops ornatus M EPBC It is most often found in open forests, No Predicted No Unlikely woodlands and shrublands, and cleared to occur areas, usually near water. It will be found on farmland with remnant vegetation and in orchards and vineyards. It will use disturbed sites such as quarries, cuttings and mines to build its nesting tunnels.

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Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area

Frogs Yellow-spotted Bell Litoria castanea CE TSC Recorded across a range of habitat No Predicted No No Frog E EPBC types, including , open forest, to occur woodland, coastal heath and inland riparian forest, from the sub-alpine zone to the coastline.

Southern Bell Frog Litoria raniformis E TSC Once known from the southern slopes of No Predicted No No V EPBC the Monaro region, it is known from only to occur a few populations in the Murrumbidgee and Riverina.

Mammals Koala Phascolarctos V TSC Inhabit eucalypt woodlands and forests. No Yes No No cinereus Home range size varies with quality of habitat, ranging from less than two ha to several hundred hectares in size.

Spotted-tailed Quoll Dasyurus maculatus V TSC Recorded across a range of habitat No Yes No Unlikely E EPBC types, including rainforest, open forest, woodland, coastal heath and inland riparian forest, from the sub-alpine zone to the coastline.

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Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area

Long-nosed Potoroo Potorous tridactylus V TSC Inhabits coastal heaths and dry and wet No Predicted No No V EPBC sclerophyll forests. Dense understorey to occur with occasional open areas is an essential part of habitat, and may consist of grass-trees, sedges, ferns or heath, or of low shrubs of tea-trees or melaleucas. A sandy loam soil is also a common feature.

Eastern Pygmy- Cercartetus nanus V TSC Found in a broad range of habitats from No Yes No No possum rainforest through sclerophyll (including Box-Ironbark) forest and woodland to heath, but in most areas woodlands and heath appear to be preferred, except in north-eastern NSW where they are most frequently encountered in rainforest. Reptiles

Grassland Earless Tympanocryptis E TSC Restricted to a small number of Natural No Yes Yes Possible Dragon pinguicolla E EPBC Temperate Grassland sites dominated by wallaby grasses (Nothodanthonia spp.), spear grasses (Austrostipa spp.), Poa Tussock (Poa sieberiana), Red Grass (Bothriochloa macra), and

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Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area occasionally Kangaroo Grass (Themeda australis). Introduced pasture grasses occur at many of the sites supporting this species

Striped Legless Lizard Delma impar V TSC Found mainly in Natural Temperate No Predicted Yes Possible V EPBC Grassland but has also been captured in to occur grasslands that have a high exotic component.

Plants Hoary Sunray Leucochrysum E EPBC In NSW it is distributed on the inland No Predicted Yes, but Unlikely, albicans var. tricolor slopes and plains including grassland on to occur degraded flora the Monaro. The species is usually and surveys at found in ungrazed and lightly grazed areas, along roadsides in particular. It modified an appears to be very sensitive to grazing, appropriate but responds to disturbance as a time for coloniser and appears to tolerate detection mowing. did not find the species.

Mauve Burr-daisy Calotis glandulosa V TSC Found in subalpine grassland No Predicted No, no No (dominated by Poa spp.), and montane V EPBC to occur Poa or or natural temperate grassland Themeda

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Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area (dominated by Themeda australis) and present Snow Gum (Eucalyptus pauciflora) Woodlands on the Monaro and Shoalhaven area. Trailing Hop-bush Dodonaea V TSC Grows in Natural Temperate Grassland No Predicted Yes Unlikely, procumbens or fringing eucalypt woodland of Snow V EPBC to occur flora Gum (Eucalyptus pauciflora. Grows in survey at open bare patches where there is little competition from other species. an appropriate time of year for detection did not find the species

Monaro Golden Daisy Rutidosis leiolepis V TSC Found in Natural Temperate Grassland No Predicted Yes, but Unlikely, on the Monaro. Apparently highly V EPBC to occur highly site is susceptible to grazing, being retained in degraded. heavily only a small number of populations on roadsides, un-grazed reserves and very modified lightly grazed pastures on private lands. and flora survey at appropriate time for detection

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Species Scientific Name Legal Habitat Recorded Recorded Potential Likelihood Status during previously habitat in of species survey in locality the study occurring area within study area did not find the species

Austral Toadflax Thesium austral V TSC Occurs in grassland or grassy woodland No Predicted Yes, but Unlikely, often found in damp sites in association V EPBC to occur no site is with Kangaroo Grass (Themeda Themda heavily australis). present modified and site is and flora highly survey at degraded. appropriate time of year did not find the species onsite or adjacent.

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Of the threatened and migratory biota evaluated from Table 1, three threatened species, one EEC (EPBC listed only) and two migratory species were found to occur or possibly occur within the study area. Given their likelihood of occurrence, there could be some potential for these species to be impacted by the proposed activity. These entities are therefore considered further in section 5.3, 5.4 and 5.5.

5.3 MIGRATORY SPECIES

Protected under several international agreements to which Australia is a signatory, Migratory species are considered Matters of National Environmental Significance under the EPBC Act.

Two migratory species were found to have the potential to occur within the study area (Table 1). These being the Cattle Egret and White-throated Needletail.

Under the EPBC Act, an action is likely to have a significant impact on a migratory species if it substantially modifies, destroys or isolated an area of important habitat for the species (DEH 2006). For these two species, the study area is not considered to comprise important habitat as it does not contain:

 Habitat used by a migratory species occasionally or periodically within a region that supports an ecological significant proportion of the population of the species.  Habitat that is of critical importance to the species at particular -cycle stages.  Habitat used by a migratory species that is at the limit of the species’ range.  Habitat within an area where the species is declining (DEH 2006).

Given this, the impacts of the proposed activity on migratory species are not likely to be regarded as significant and are not considered further.

5.4 SIGNIFICANCE ASSESSMENTS (TSC ACT)

The EP&A Act includes in Section 5A, seven factors which are to be considered when determining if a proposed development or activity ‘is likely to have a significant effect on the threatened species, populations or ecological communities, or their habitats’. These seven factors must be taken into account by consent or determining authorities when considering a development proposal or development application. This enables a decision to be made as to whether there is likely to be a significant effect on the species and hence if a Species Impact Statement is required (DECC 2007).

Table 1 found that three species had the potential to occur within the study area based on the evaluation completed. These were the:

 Diamond Firetail  Grassland Earless Dragon  Striped Legless Lizard

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The following section provides significance assessments for these entities.

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

Grassland Earless Dragon

The Grassland Earless Dragon is a small, cryptic species of agamid that is restricted to natural temperate grasslands and modified grasslands of eastern Australia (Dickman et al. 1999; Osborne et al. 1993a; Osborne et al. 1993b; Osborne et al. 1993c; Robertson and Evans 2009). It is thought that the species is semelparous, with young hatching in late summer, mating the following spring, then becoming deceased within one year of birth. However, some adults have been known to live longer than one year, perhaps those unable to reach reproductive size within their first year. The species is an egg‐layer, with females being found gravid in spring and early summer, with egglaying occurring in late spring or early summer. Clutches from two females have both contained 5 eggs (Robertson and Evans 2009). No detailed information is available concerning hatching success, however, it is thought that drought conditions cause lower hatching and higher juvenile mortality (Robertson and Evans 2009). Juveniles begin to disperse from late to mid April; lizards as small as 0.4g and 20mm snout to vent length have been caught in tubes or pitfall traps. Grassland Earless Dragons have been known to move as much as 40m to 110m per day, with some movements in excess of 230m over longer periods reported (Robertson and Evans 2009).

The species is threatened by a number of actions, and of relevance to the study area, the following have been identified:

 Weed invasion  Use of agricultural chemicals  Rock removal  Loss and fragmentation of habitat  Changes to fire and grazing regimes

Also of consideration is the highly changeable nature of grasslands over time and the occurrence of periodic catastrophic events such as fire, drought, or heavy grazing, that may in the past excluded Grassland Earless Dragons from areas that now appear to support suitable habitat.

Given that the species is extremely cryptic and very small (<6cm SVL) making detectability difficult, their presence within the study area cannot be ruled out without extensive and lengthy field survey. Consideration of potential habitat then suggests that the species may be present, either resident or transitory from adjoining habitats. Given the nature of the proposed activity, potential impacts to the species may results from construction associated

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a. Details of a preclearance survey. This should include an active search of the works area by an experienced Herpetologist to remove any reptiles including the Grassland Earless Dragon or Striped Legless Lizard and relocate to adjacent habitat prior to the direct commencement of site excavation works. b. Details of how any reptiles including the Grassland Earless Dragon and Striped Legless Lizard inadvertently trapped within open excavations for the new towers and other infrastructure will be managed.

With the recommendations outlined within section 6 of this report fully implemented, it would be unlikely that the proposed activity could have an adverse effect on the life cycle of this species, such that a viable local population if one was present is likely to be placed at risk of extinction.

Striped Legless Lizard

The Striped Legless Lizard is generally restricted to temperate grasslands of eastern Australia (Coulson 1990) where it is patchily distributed from south-eastern NSW including the Monaro region, central and south-western Victoria and south-eastern South Australia (Dorrough and Ash 1999; Smith and Robertson 1999). The species has been recorded in areas typically dominated by native grasses, although, they have also been recorded in grasslands which are dominated by exotic flora species (Daly et al. 2008; EcologyPartners 2007; Kutt 1992; Smith and Robertson 1999).

Known threats to the species include:

 Vehicles driving through habitat and trampling by stock  Collection of bush rock  Overgrazing and altered fire regimes  Habitat degradation

Given the nature of the proposed activity, potential impacts to the species may results from construction associated activities, including site clearing and excavations. Section 6 of this report provides a series of recommendations aimed at reducing the risk of potential impacts to this species should it occur there. These include a Reptile Management Plan which should comprise:

a. Details of a preclearance survey. This should include an active search of the works area by an experienced Herpetologist to remove any reptiles including the Grassland Earless Dragon or Striped Legless Lizard and relocate to adjacent habitat prior to the direct commencement of site excavation works.

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b. Details of how any reptiles including the Grassland Earless Dragon and Striped Legless Lizard inadvertently trapped within open excavations for the new towers and other infrastructure will be managed.

With the recommendations outlined within section 6 of this report fully implemented, it would be unlikely that the proposed activity could have an adverse effect on the life cycle of this species, such that a viable local population if one was present is likely to be placed at risk of extinction.

Diamond Firetail

The Diamond Firetail is widely distributed in NSW, with a concentration of records from the Northern, Central and Southern Tablelands, the Northern, Central and South-western Slopes and the North-west Plains and Riverina (DECCW 2010a; b; Morcombe 2004). Although they are not commonly found in coastal districts, there are records from near Sydney, the Hunter Valley and the Bega Valley. More recently, the author recorded a number of individuals in grasslands around Nimmitabel. They are known to build bottle-shaped nests in trees and bushes and preferentially choose mistletoe as a nest site (Cooney and Watson 2005). It has declined in numbers in many areas and has disappeared from parts of its former range with Reid (1999) identifying it as a ‘decliner’ in a review of bird species’ status in the NSW sheep- wheatbelt. No Diamond Firetail were recorded during the site analysis, although the species has been recorded in the locality and within grassland habitats and such a habitat does occur within the study area.

The proposed activity will remove less than 0.1ha of modified grassland. Such a small area of grassland is unlikely to effect the life cycle of this species considering that the species breeds in shrubs and trees, none of which were located within or directly adjacent to the study area.

With the recommendations outlined within section 6 of this report fully implemented, it would be unlikely that the proposed activity could have an adverse effect on the life cycle of this species, such that a viable local population if one was present is likely to be placed at risk of extinction.

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

There are no endangered populations of relevance to the study area, nor the Snowy River LGA.

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

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

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

There is no TSC listed EEC present.

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

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

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

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

i. The proposed activity would result in the minor removal of modified tussock grassland (<0.1ha). Recommendations within section 6 of this report would minimise the extent to which habitat is likely to be removed or modified. ii. A vehicular track and boundary fence are already present. With consideration of the small size of the reptile fauna and their ability to move through areas of habitat, the proposed activity is unlikely to fragment or isolate areas of potential habitat, nor exacerbate these existing processes. iii. The habitats of the study area could be used by the Grassland Earless Dragon, Striped Legless Lizard and to a lesser extent, Diamond Firetail. The removal of a small amount of potential habitat (<0.1ha) is not likely to be of critical importance to the life cycle of these species. However, both species have been recorded in Modified Tussock Grassland, and the study area could support a population of the two reptile species. Given this, a set of recommendations provided within section 6 of this report address key points to minimise any potential impact to these species and other threatened species that could use the site from time to time.

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

There is no critical habitat as listed by the TSC Act found within the Snowy River LGA.

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

A national recovery plan exists for both the Grassland Earless Dragon and the Striped Legless Lizard providing a number of actions relevant to the recovery of these species. Relevant to this proposal, these include:

 Habitat management

 Habitat protection

The development of a Reptile Management Plan for construction activities and other recommendations as outlined within section 6 is consistent with the objectives of each recovery plan.

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

Whilst the proposed activity – upgrade to a communications facility – is not recognised as a key threatening process under schedule 3 of the TSC Act, the Clearing of native vegetation is.

The ‘clearing of native vegetation’ is recognised as a major factor contributing to the loss of biodiversity. Clearing of any area of native vegetation, may lead to impacts on biological diversity such as limiting gene flow between small isolated populations, which may result in a reduction in the potential for biodiversity to adapt to environmental change.

The proposed activity would result in the removal of Modified Tussock Grassland (<0.1ha) that comprises more than 70% exotic flora (non-native) species coverage.

Conclusion

This Assessment of Significance has determined that the proposed activity is ‘unlikely’ to have a ‘significant effect’ on Diamond Firetail, Striped Legless Lizard and Grassland Earless

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Dragon provided that the recommendations outlined in section 6 are fully adopted. Therefore, the proposed activity will not require a Species Impact Statement.

5.5 SIGNIFICANCE ASSESSMENTS (EPBC ACT)

The study area contains potential habitat for two species listed as threatened under the EPBC Act; the Grassland Earless Dragon (Endangered) and Striped Legless Lizard (Vulnerable) also assessed under the TSC Act in section 5.4. Adjacent to the study area, the EEC, Natural Temperate Grassland in NSW and the ACT is present. The following section provides significance assessments for these entities.

Grassland Earless Dragon and Striped Legless Lizard

Will the action lead to a long-term decrease in the size of a population of a species?

The study area comprises potential habitat for the species. Unmanaged, the proposed activity has the potential to lead to a long-term decrease in a population should one be present. However, the Reptile Management Plan and other recommendations outlined in section 6 of this report, make this unlikely.

Will the action reduce the area of occupancy of the species?

No. Potential habitat for each species was identified within the study area and the proposed action will remove approximately 0.1ha. However, recommendations outlined in section 6 providing a framework for minimising potential impacts and improving adjoining habitats.

Will the action fragment an existing population into two or more populations?

No population (should they occur there) would be fragmented into two or more populations by the current design of the action and the small amount of vegetation to be removed, provided recommendations in section 6 are fully adopted.

Will the action adversely affect habitat critical to the survival of a species?

No. Impacts will be confined to Modified Tussock Grassland within the study area, rather than the better quality grassland habitat adjoining the site.

Will the action disrupt the breeding cycle of a population?

No. Should this species occur onsite, it is more likely to breed in higher quality habitat areas outside of the NDB compound. Further, recommendations within section 6 of this report provide an opportunity to protect individuals from direct and indirect impacts and therefore, the risk of disrupting breeding cycles.

Will the action modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline?

No, provided that the recommendations within section 6 of this report are fully implemented.

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Will the action result in invasive species that are harmful to a critically endangered or endangered species becoming established in the endangered or critically endangered species’ habitat?

The action may increase the abundance of weeds in the area and their spread should be managed via an appropriate framework at outlined in section 6. This impact is manageable and unlikely to be significant to this species.

Will the action introduce disease that may cause the species to decline?

No. Recommendations within section 6 of this report provide a framework for managing risks to reptile fauna.

Will the action interfere with the recovery of the species?

No. The recommendations within section 6 of this report are consistent with those identified within the national recovery plan.

EEC, Natural Temperate Grassland in NSW and the ACT

Will the action reduce the extent of an ecological community?

No. The works area will be delineated from the EEC adjoining the site.

Will the action fragment or increase fragmentation of an ecological community?

No. This is based on the current design of the action and the small amount of vegetation to be removed and that the recommendations in section 6 are fully adopted.

Will the action adversely affect habitat critical to the survival of an ecological community?

No. Impacts will be confined to Modified Tussock Grassland within the study area, rather than the EEC adjoining the site based on the full implementation of recommendations within section 6 of this report.

Will the action modify or destroy abiotic factors such as water, nutrients or soil necessary for an ecological community’s survival, including reduction of ground water levels, or substantial alteration of surface water drainage patterns?

No. The action will be confined to the smallest area possible within a non-EEC area. Measures such as erosion and sediment control, weed management and delineation of the works area, will maintain the integrity of the adjoining EEC. Will the action cause a substantial change in the species composition of an occurrence of an ecological community, including causing a decline or loss of functionally important species, for example through regular burning or flora or fauna harvesting? No. The action will be confined to the smallest area possible within a non-EEC area. Measures such as erosion and sediment control, weed management and delineation of the works area, will maintain the integrity of the adjoining EEC. A reptile management plan will

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. Will the action cause a substantial reduction in the quality or integrity of an occurrence of an ecological community, including, but not limited to:

Assisting invasive species, that are harmful to the listed ecological community, to become established? or

Causing regular mobilisation of fertilisers, herbicides or other chemicals or pollutants into the ecological community which kill or inhibit the growth of species in the ecological community?

The action may increase the abundance of weeds in the area and their spread should be managed via an appropriate framework at outlined in section 6. This potential impact is manageable and unlikely to be significant to the EEC.

Will the action interfere with the recovery of an ecological community?

No. The recommendations within section 6 of this report are consistent with those identified within the national recovery plan.

Conclusion Based on the assessment above, a significant impact is unlikely provided the proposed recommendations with section 6 of this report are fully adopted. The proposed activity will not require referral to the Commonwealth Minister.

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6 RECOMMENDATIONS

The following recommendations have been designed specifically to minimise impacts to flora and fauna as a result of the proposed activity:

2. A Reptile Management Plan should be produced and fully implemented. The management plan should include: a. Details of a preclearance survey. This should detail the methods used for an active search of the works area by an experienced Herpetologist to remove any reptiles including the Grassland Earless Dragon or Striped Legless Lizard and relocate any found to adjacent habitat prior to the direct commencement of site excavation works. b. Details of how any reptiles including the Grassland Earless Dragon and Striped Legless Lizard inadvertently trapped within open excavations for the new towers and other infrastructure will be managed during the entire construction and decommissioning period. 3. During construction, impacts to the site will be minimised by the delineation of the works area. The works area should be kept to the smallest area possible, with the remaining being an exclusion zone to act as a fauna refuge. This zone must not be entered by people or machinery, or used for material stockpiling under any circumstances. Delineation can occur through the installation of a temporary visual barrier to exclude machinery and people during the construction period. 4. No vehicles, machinery, equipment or material are to be driven off the western side of the vehicular track leading to the NDB gate entrance, nor other grassland vegetation to the north or east of the site. These areas are an EPBC listed EEC. 5. Tracks formed to gain access to the equipment are to be minimised through reuse (i.e. no driving all over the site); 6. Parking of machinery and vehicles or storage of materials within areas of vegetation to be retained and the total exclusion zone should not be permitted. At the completion of works, the area should be inspected to ensure that disturbed areas become stable and weed infestations do not occur. 7. Comprehensive sediment fencing is to be established before any site work commences, including soil disturbance and stockpiling of materials. 8. Adjoining areas of site are relatively weed-free and all equipment and machinery should be free of any material such as dirt and mud that may introduce weed seeds. 9. A number of weed species are present within the study area. Of particular concern is the abundance of numerous Thistle species with one of these a declared noxious weed. A weed control program should be implemented. 10. Post-construction, the site should be rehabilitated to a similar condition to before construction commenced.

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7 CONCLUSION

Section 5 provides the detail of Significance Assessments completed in accordance with the NSW Threatened Species Conservation Act 1995. These have concluded that the proposed activity is ‘unlikely’ to have a ‘significant effect’ on Diamond Firetail, Grassland Earless Dragon and Striped Legless Lizard provided that the recommendations outlined in section 6 are fully adopted. The proposed activity will not require a Species Impact Statement.

Similarly, Significance Assessments completed in accordance with the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 found that the proposed activity is ‘unlikely’ to have a significant impact on the EEC Natural Temperate Grasslands in NSW and ACT, Grassland Earless Dragon and Striped Legless Lizard provided that the recommendations within section 6 of this report are adopted. The proposed activity will not require referral to the Commonwealth Minister.

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8 REFERENCES

Cooney S. J. N. & Watson D. M. (2005) Diamond Firetails (Stagonopleura guttata) preferentially nest in mistletoe. Emu 105, 317-22. Coulson G. (1990) Conservation of the Striped Legless Lizard (Delma impar): An initial investigation. Arthur Rylah Institute for Environmental Research. Cropper H. (1993) Management of Endangered Plants. CSIRO Publishing, Melbourne. Daly G., Virtue B. & Stone G. (2008) Results of a survey for the Striped legless lizard Delma impar near Goulburn, New South Wales. Herpetofauna 38, 51-8. DEC. (2004) Threatened Species Survey and Assessment: Guidelines for developments and activities (working draft). NSW Department of Environment & Conservation, Hurstville, NSW. DECC. (2007) Threatened Species Assessment Guidelines: The Assessment of Significance. Department of Environment & Climate Change, Hurstville, N.S.W. DECCW. (2010a) NSW Atlas of Wildlife Database. DECCW. (2010b) Threatened species, populations and ecological communities of NSW. Department of Environment, Climate Change & Water, Hurstville, N.S.W. www.threatenedspecies.environment.nsw.gov.au. DEH. (2006) EPBC Act Policy Statement 1.1 Significant Impact Guidlines, Matters of National Environmental SIgnificance. Department of the Environment and Heritage. DEWHA. (2010) Protected Matters Search Tool. http://www.environment.gov.au/erin/ert/epbc/index.html. Dickman C., Letnic M. & Mahon P. S. (1999) Population dynamics of two species of dragon lizards in arid Australia:the effects of rainfall. Oecologia 119, 357-66. Dorrough J. & Ash J. E. (1999) Using past and present habitat to predict the current distribution and abundance of a rare cryptic lizard, Delma impar (Pygopodidae). Australian Journal of Ecology 24, 614-24. EcologyPartners. (2007) Advice on the Striped Lizard Lizard Delma impar and Pink-tailed -lizard Aprasia parapulchella as part of the proposed Hume Highway Duplication, New South Wales. Unpublished report to Roads and Traffic Authority. EnvACT. (2005) National Recovery Plan for Natural Temperate Grassland of the Southern Tablelands (NSW and ACT): an Endangered Ecological Community. Environment ACT, Canberra. Kutt A. (1992) Microhabitat selection and mobility of the Striped legless lizard, Delma impar. honours Thesis, University of Melbourne. Morcombe M. (2004) Field guide to Australian Birds. Steve Parish Publishing, Australia. Osborne W. S., Kukolic K., Davis M. S. & Blackburn R. (1993a) Recent records of the earless dragon Tympanocryptis lineata pinguicolla in the Canberra region and a description of its habitat. Herpetofauna 23, 16-25. Osborne W. S., Kukolic K. & Williams K. D. (1993b) Conservation of reptiles in the Southern Tablelands of New South Wales and the Australian Capital Territory. In: Herpetology in Australia: A diverse discipline (eds D. Lunney and D. Ayers). Transactions of the Royal Society of New South Wales, Surrey Beatty & Sons, Chipping Norton, NSW. PlantNET. (2010) New South Wales Flora Online. (ed B. G. Trust), Sydney. Robertson P. & Evans M. (2009) National Recovery Plan for the Grassland Earless Dragon Tympanocryptis pinguicolla. Australian Government and ACT Government. Smith W. & Robertson P. (1999) National Recovery Plan for the Striped Legless Lizard (Delma impar). NSW National Parks and Wildlife Service & Wildlife Profiles. Swan G., Shea G. & Sadlier R. (2004) Field guide to the reptiles of New South Wales. Reed New Holland, Sydney. Thackway R. & Creswell I. D. (1995) An interim biogeographic regionalisation for Australia: a framework for establishing the national system of reserves. Version 4.0. Australian Nature Conservation Agency, Canberra.

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9 APPENDICES

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APPENDIX 1 – MAPPING

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± Legend Blue-billed Duck XW Diamond Firetail )" Eastern Pygmy-possum ! Cooma *# Grassland Earless Dragon ^_ GF Koala ^_ Spotted-tailed Quoll

10km Buffer GF GF

Subject land ! *# Berridale XW *#

" ) *# Map Projection: Transverse Mercator Horizontal Datum: Geocentric Datum of Australia 1994 Grid: Map Grid of Australia, Zone 55 Data source: GIS Unit – DECCW Mapping date: September 2010

Scale 1:250,000 (A4)

Kilometers 01 2 4 6 8 10

PO Box 7231 Tathra NSW 2550. t: 02 6494 5422

Map 1. Threatened fauna species in the locality Cooma ± ! Legend Vegetation community E.delegatensis-E.dalrympleana E.macrorhyncha-E.rossi E.pauciflora-E.stellulata Poa caespitosa Stipa scarbra-S.bigeniculata

Berridale Subject land !

Map Projection: Transverse Mercator Horizontal Datum: Geocentric Datum of Australia 1994 Grid: Map Grid of Australia, Zone 55 Data source: EnviroKey Mapping date: September 2010

Scale 1:150,000 (A4)

Kilometers 00.5 1 2 3 4 5

PO Box 7231 Tathra NSW 2550. t: 02 6494 5422

Map 2. Vegetation Communities ± Legend Modified Tussock Grassland

Site boundary

Map Projection: Transverse Mercator Horizontal Datum: Geocentric Datum of Australia 1994 Grid: Map Grid of Australia, Zone 55 Data source: EnviroKey Mapping date: September 2010

Scale 1:800 (A4)

Meters 02.5 5 10 15 20 25

PO Box 7231 Tathra NSW 2550. t: 02 6494 5422

Map 3. Habitats Flora and Fauna Impact Assessment: Proposed Upgrade to the ASA Cooma Non-Directional Beacon (NDB). Report EcIA.0180

APPENDIX 2 - FLORA SPECIES RECORDED bold denotes noxious weed declaration

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Botanical name Common name Natives Austrostipa scabra subsp. falcata Speargrass Chrysocephalum apiculatum Common Everlasting Erodium cicutarium Common Storksbill, Common Crowfoot Panicum effusum Hairy Panic Exotics Hordium sp. Barley Hypochaeris radicata Catsear Lepidium africanum Common Peppercress Onopordum acanthium (N4) Scotch Thistle Phalaris sp. Phalaris Rumex sp. A Dock Salvia verbenaca Wild Sage Sisymbrium officinale Hedge Mustard Trifollium sp. Clover

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APPENDIX 3 – FAUNA SPECIES RECORDED

Fauna species recorded during the site analysis (Detection Method: O=Observed, H=Heard, Sc=Scat; # denotes introduced species, bold denotes threatened species listed under the TSC Act)

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Common name Scientific name Detection Method

Birds

Australian Raven Corvus coronoides O

Rufous Songlark Cincloramphus mathewsi O

Australian Pipit Anthus australis O

Welcome Swallow Hirundo neoxena O

Mammals

# European Rabbit Oryctolagus cuniculus Sc

Reptiles

Eastern three-lined Skink Acritoscincus dupreyii O

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APPENDIX 4 – EPBC PROTECTED MATTERS SEARCH TOOL

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EPBC Act Protected Matters Report http://www.environment.gov.au/cgi-bin/erin/ert/epbc/epbc_report.pl?sear...

Protected Matters Search Tool

You are here: Environment Home > EPBC Act > Search 22 June 2010 15:20 EPBC Act Protected Matters Report

This report provides general guidance on matters of national environmental significance and other matters protected by the EPBC Act in the area you have selected. Information on the coverage of this report and qualifications on data supporting this report are contained in the caveat at the end of the report.

You may wish to print this report for reference before moving to other pages or websites. The Australian Natural Resources Atlas at http://www.environment.gov.au/atlas may provide further environmental information relevant to your selected area. Information about the EPBC Act including significance guidelines, forms and application process details can be found at http://www.environment.gov.au/epbc/assessmentsapprovals/index.html

Search Type: Point Buffer: 10 km Coordinates: -36.35375,148.9575

Report Contents: Summary Details Matters of NES

Other matters protected by the EPBC Act

Extra Information

This map may contain data which are Caveat © Commonwealth of Australia (Geoscience Australia) Acknowledgments © PSMA Australia Limited

Summary

Matters of National Environmental Significance

This part of the report summarises the matters of national environmental significance that may occur in, or may relate to, the area you nominated. Further information is available in the detail part of the report, which can be accessed by scrolling or following the links below. If you are proposing to undertake an activity that may have a significant impact on one or more matters of national environmental significance then you should consider the Administrative Guidelines on Significance - see http://www.environment.gov.au/epbc/assessmentsapprovals/guidelines/index.html.

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World Heritage Properties: None National Heritage Places: None Wetlands of International Significance: 2 (Ramsar Sites) Commonwealth Marine Areas: None Threatened Ecological Communities: 4 Threatened Species: 15 Migratory Species: 11

Other Matters Protected by the EPBC Act

This part of the report summarises other matters protected under the Act that may relate to the area you nominated. Approval may be required for a proposed activity that significantly affects the environment on Commonwealth land, when the action is outside the Commonwealth land, or the environment anywhere when the action is taken on Commonwealth land. Approval may also be required for the Commonwealth or Commonwealth agencies proposing to take an action that is likely to have a significant impact on the environment anywhere.

The EPBC Act protects the environment on Commonwealth land, the environment from the actions taken on Commonwealth land, and the environment from actions taken by Commonwealth agencies. As heritage values of a place are part of the 'environment', these aspects of the EPBC Act protect the Commonwealth Heritage values of a Commonwealth Heritage place and the heritage values of a place on the Register of the National Estate. Information on the new heritage laws can be found at http://www.environment.gov.au/heritage/index.html.

Please note that the current dataset on Commonwealth land is not complete. Further information on Commonwealth land would need to be obtained from relevant sources including Commonwealth agencies, local agencies, and land tenure maps.

A permit may be required for activities in or on a Commonwealth area that may affect a member of a listed threatened species or ecological community, a member of a listed migratory species, whales and other cetaceans, or a member of a listed marine species. Information on EPBC Act permit requirements and application forms can be found at http://www.environment.gov.au/epbc/permits/index.html.

Commonwealth Lands: 1 Commonwealth Heritage Places: None Places on the RNE: None Listed Marine Species: 10 Whales and Other Cetaceans: None Critical Habitats: None Commonwealth Reserves: None

Extra Information

This part of the report provides information that may also be relevant to the area you have nominated.

State and Territory Reserves: 1 Other Commonwealth Reserves: None Regional Forest Agreements: 1

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Details

Matters of National Environmental Significance

Wetlands of International Significance [ Dataset Information ] (Ramsar Sites) BLUE LAKE Within same catchment as Ramsar site FIVEBOUGH AND TUCKERBIL SWAMPS Within same catchment as Ramsar site Threatened Ecological Communities [ Dataset Status Type of Presence Information ] Alpine Sphagnum Bogs and Associated Fens Endangered Community may occur within area Natural Temperate Grassland of the Southern Tablelands Endangered Community likely to occur within area of NSW and the Australian Capital Territory Upland Wetlands of the New England Tablelands and the Endangered Community likely to occur within area Monaro Plateau White Box-Yellow Box-Blakely's Red Gum Grassy Critically Community may occur within area Woodland and Derived Native Grassland Endangered Threatened Species [ Dataset Information ] Status Type of Presence Birds Lathamus discolor Endangered Species or species habitat may occur within Swift Parrot area Rostratula australis Vulnerable Species or species habitat may occur within Australian Painted Snipe area Frogs Litoria castanea Endangered Species or species habitat likely to occur Yellow-spotted Tree Frog, Yellow-spotted Bell Frog within area Litoria raniformis Vulnerable Species or species habitat may occur within Growling Grass Frog, Southern Bell Frog, Green and area Golden Frog, Warty Swamp Frog Mammals Dasyurus maculatus maculatus (SE mainland Endangered Species or species habitat may occur within population) area Spot-tailed Quoll, Spotted-tail Quoll, Tiger Quoll (southeastern mainland population) Potorous tridactylus tridactylus Vulnerable Species or species habitat may occur within Long-nosed Potoroo (SE mainland) area Ray-finned Maccullochella peelii peelii Vulnerable Species or species habitat may occur within , Cod, Goodoo area Macquaria australasica Endangered Species or species habitat may occur within Macquarie Perch area Prototroctes maraena Vulnerable Species or species habitat likely to occur Australian Grayling within area Reptiles

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Delma impar Vulnerable Species or species habitat likely to occur Striped Legless Lizard within area Tympanocryptis pinguicolla Endangered Species or species habitat may occur within Grassland Earless Dragon area Plants Calotis glandulosa Vulnerable Species or species habitat likely to occur Mauve Burr-daisy within area Dodonaea procumbens Vulnerable Species or species habitat likely to occur Trailing Hop-bush within area Rutidosis leiolepis Vulnerable Species or species habitat likely to occur Monaro Golden Daisy within area Thesium australe Vulnerable Species or species habitat likely to occur Austral Toadflax, Toadflax within area Migratory Species [ Dataset Information ] Status Type of Presence Migratory Terrestrial Species Birds Haliaeetus leucogaster Migratory Species or species habitat likely to occur White-bellied Sea-Eagle within area Hirundapus caudacutus Migratory Species or species habitat may occur within White-throated Needletail area Merops ornatus Migratory Species or species habitat may occur within Rainbow Bee-eater area Myiagra cyanoleuca Migratory Breeding likely to occur within area Satin Flycatcher Migratory Wetland Species Birds Ardea alba Migratory Species or species habitat may occur within Great Egret, White Egret area Ardea ibis Migratory Species or species habitat may occur within Cattle Egret area Gallinago hardwickii Migratory Species or species habitat may occur within Latham's Snipe, Japanese Snipe area Rostratula benghalensis s. lat. Migratory Species or species habitat may occur within Painted Snipe area Migratory Marine Birds Apus pacificus Migratory Species or species habitat may occur within Fork-tailed Swift area Ardea alba Migratory Species or species habitat may occur within Great Egret, White Egret area Ardea ibis Migratory Species or species habitat may occur within Cattle Egret area Other Matters Protected by the EPBC Act Listed Marine Species [ Dataset Information ] Status Type of Presence Birds

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Apus pacificus Listed - Species or species habitat may occur within Fork-tailed Swift overfly area marine area Ardea alba Listed - Species or species habitat may occur within Great Egret, White Egret overfly area marine area Ardea ibis Listed - Species or species habitat may occur within Cattle Egret overfly area marine area Gallinago hardwickii Listed - Species or species habitat may occur within Latham's Snipe, Japanese Snipe overfly area marine area Haliaeetus leucogaster Listed Species or species habitat likely to occur White-bellied Sea-Eagle within area Hirundapus caudacutus Listed - Species or species habitat may occur within White-throated Needletail overfly area marine area Lathamus discolor Listed - Species or species habitat may occur within Swift Parrot overfly area marine area Merops ornatus Listed - Species or species habitat may occur within Rainbow Bee-eater overfly area marine area Myiagra cyanoleuca Listed - Breeding likely to occur within area Satin Flycatcher overfly marine area Rostratula benghalensis s. lat. Listed - Species or species habitat may occur within Painted Snipe overfly area marine area Commonwealth Lands [ Dataset Information ] Commonwealth Bank of Australia Extra Information State and Territory Reserves [ Dataset Information ] Myalla , NSW Regional Forest Agreements [ Dataset Information ] Note that all RFA areas including those still under consideration have been included. Southern RFA, New South Wales

Caveat

The information presented in this report has been provided by a range of data sources as acknowledged at the end of the report.

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This report is designed to assist in identifying the locations of places which may be relevant in determining obligations under the Environment Protection and Biodiversity Conservation Act 1999. It holds mapped locations of World Heritage and Register of National Estate properties, Wetlands of International Importance, Commonwealth and State/Territory reserves, listed threatened, migratory and marine species and listed threatened ecological communities. Mapping of Commonwealth land is not complete at this . Maps have been collated from a range of sources at various resolutions.

Not all species listed under the EPBC Act have been mapped (see below) and therefore a report is a general guide only. Where available data supports mapping, the type of presence that can be determined from the data is indicated in general terms. People using this information in making a referral may need to consider the qualifications below and may need to seek and consider other information sources.

For threatened ecological communities where the distribution is well known, maps are derived from recovery plans, State vegetation maps, remote sensing imagery and other sources. Where threatened ecological community distributions are less well known, existing vegetation maps and point location data are used to produce indicative distribution maps.

For species where the distributions are well known, maps are digitised from sources such as recovery plans and detailed habitat studies. Where appropriate, core breeding, foraging and roosting areas are indicated under "type of presence". For species whose distributions are less well known, point locations are collated from government wildlife authorities, museums, and non-government organisations; bioclimatic distribution models are generated and these validated by experts. In some cases, the distribution maps are based solely on expert knowledge.

Only selected species covered by the migratory and marine provisions of the Act have been mapped.

The following species and ecological communities have not been mapped and do not appear in reports produced from this database:

threatened species listed as extinct or considered as vagrants some species and ecological communities that have only recently been listed some terrestrial species that overfly the Commonwealth marine area migratory species that are very widespread, vagrant, or only occur in small numbers.

The following groups have been mapped, but may not cover the complete distribution of the species:

non-threatened seabirds which have only been mapped for recorded breeding sites; seals which have only been mapped for breeding sites near the Australian continent.

Such breeding sites may be important for the protection of the Commonwealth Marine environment.

Acknowledgments

This database has been compiled from a range of data sources. The Department acknowledges the following custodians who have contributed valuable data and advice:

New South Wales National Parks and Wildlife Service Department of Sustainability and Environment, Victoria Department of Primary Industries, Water and Environment, Tasmania Department of Environment and Heritage, South Australia Planning SA Parks and Wildlife Commission of the Northern Territory Environmental Protection Agency, Queensland Birds Australia Australian Bird and Bat Banding Scheme Australian National Wildlife Collection Natural history museums of Australia

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Queensland Herbarium National Herbarium of NSW Royal Botanic Gardens and National Herbarium of Victoria Tasmanian Herbarium State Herbarium of South Australia Northern Territory Herbarium Western Australian Herbarium Australian National Herbarium, Atherton and Canberra University of New England Other groups and individuals

ANUCliM Version 1.8, Centre for Resource and Environmental Studies, Australian National University was used extensively for the production of draft maps of species distribution. Environment Australia is extremely grateful to the many organisations and individuals who provided expert advice and information on numerous draft distributions.

Department of the Environment, Water, Heritage and the Arts GPO Box 787 Canberra ACT 2601 Australia Last updated: Thursday, 20-Nov-2008 14:17:56 EST Telephone: +61 (0)2 6274 1111

© Commonwealth of Australia 2004

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