TOPS TO LAKES INITIATIVE

Connecting the landscapes of the Great Lakes for biodiversity conservation and the provision of environmental, economic and social services

Draft Program Overview for Council Discussion November 2013

Table of contents

1 Introduction ...... 1

1.1 The Tops to Lakes Initiative – what is it? ...... 1 1.2 Enhancement of environmental services functions ...... 5

2 Direction ...... 7

2.1 Vision ...... 7 2.2 Goals ...... 8 2.3 References and related projects ...... 8

3 Existing conservation and connectivity ...... 10

4 Actions ...... 17

4.1 Tools ...... 17

Acquisition ...... 17 Development incentives for conservation purposes ...... 18 Private conservation (PVP, VCA) ...... 18 Non‐government conservation agencies ...... 19 Strategic planning ...... 19 Development assessment planning ...... 19 Corporate investment/ sponsorship/ bequests ...... 20

5 Partnerships ...... 22

6 Evaluation and reporting ...... 24

7 References ...... 25

Further information

This Program Overview has been prepared by ’s Natural Systems Section.

For further information or comments on any aspect of this Strategy please contact:

Great Lakes Council Manager ‐ Natural Systems Gerard Tuckerman

Great Lakes Council Senior Ecologist Mat Bell

Postal Address PO Box 450 FORSTER NSW 2428 Phone (02) 6591 7222 E‐mail [email protected]

The Great Lakes Council Natural Systems Branch would like to thank the following people who contributed to the development of this Program overview:

Name Agency/ Group Garry Reynolds Commonwealth Department of Agriculture, Fisheries and Forestry Sara Gipton GreenFleet Kevin & Di Johnston Landholder ‐ Upper Karuah Annabel Kater Landholder ‐ Upper Karuah Robyn Lamond Karuah ‐ Great Lakes Landcare John McKenzie Landholder ‐ Upper Karuah Garry Reynolds Commonwealth Department of Agriculture, Fisheries and Forestry Peter & Lynda Scaife Landholder ‐ Upper Karuah Geoff Taylor Landholder ‐ Upper Karuah James Whelan Landholder ‐ Upper Karuah

Tops to Lakes Initiative – Program overview

1 Introduction 1.1 The Tops to Lakes Initiative – what is it?

The Tops to Lakes (T2L) Initiative is a long‐term strategic program that seeks to deliver, through Council vision and action and community and agency partnerships, coordinated decision‐making that achieves:

1. The protection and reinstatement of environmental services functions within the natural landscape (including, but not limited to, the provision of water flows and water quality protection and improvement)

2. The conservation and re‐establishment of biodiversity and habitat resilience and connectivity across the Great Lakes

3. The recognition of the importance of natural areas for their cultural significance and for their contribution to recreational opportunities and spiritual wellbeing

To achieve this, Great Lakes Council, together with partnering agencies and the community, will utilise a suite of tools, actions and opportunities.

The Great Lakes Local Government Area contains a number of conservation reserves and protected areas. Currently, approximately 22% of the land area is contained within protected areas. These reserves contain areas of significant natural assets and features of outstanding cultural and recreational significance.

However, conservation and restoration programs have been typically undertaken in the absence of a broader strategic framework.

As such, many of protected areas are isolated or of less than optimal size and shape. Land protection is generally not representative across the landscape, with conservation biased to so‐ called “unproductive” areas and parts of the public native hardwood forest landscape. Existing reserves also do not reflect the protection of significant landscapes for ecological resilience or essential environmental services provisions.

Environmental attributes underpin the regional economy on which residents and tourists to the Great Lakes rely. Enhancing and restoring the resilience and integrity of the natural environment thus achieves far‐reaching social and economic outcomes.

Thus, the Tops to Lakes Initiative aims to connect and conserve ecosystems across the 3,374km2 Great Lakes LGA, from Barrington Tops on the to the coastal landscapes from Black Head in the north to Hawks Nest and the northern foreshore of Port Stephens in the south. The Great Lakes LGA is located on the ’ and within the NSW North Coast Bioregion (Thackway & Cresswell 1995). It is wholly within the of the Local Land Services.

In 2011, the Great Lakes LGA contained some 35,601 permanent residents all of whom share a lifestyle built on the outstanding natural attributes. The region also attracts many visitors and tourists from around Australia and the world. The natural environment and the quality of

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aquatic, estuarine and near‐shore marine environments are significant tourist drawcards and tourism is a major driver of the regional economy.

Further, the natural resources of the Great Lakes landscape provide the economic foundation for primary production (mainly fish, oysters, beef, dairy products, timber) and resources industries. As such, a functional and resilient natural environment is essential for our economic and social well‐being.

The exceptional and varied biodiversity of the Great Lakes region has immense environmental value.

There is a remarkable diversity running from the mountain forests in the Great Dividing Range, to the low coastal hills at the foot, through the fast flowing rivers slowing in the meandering river valleys, on to the broad coastal flood and sand plains, and through the dunes. These fringe the popular sheltered estuaries that open though breakwaters and bays and which are guarded by the towering seacliffs overlooking the Pacific. The landscape gems include World Heritage‐ listed Gondwana Rainforests and Ramsar‐listed and nationally‐important wetlands.

Figure 1: The Great Lakes Local Government Area and major national environmental assets

The Great Lakes LGA contains or is home to:

 Parts of the World Heritage‐listed Gondwana Rainforests (and Wilderness areas) within the Barrington Tops National Park

 The internationally‐recognised Ramsar wetland within Myall Lakes National Park

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 Two wetlands of national significance: the estuary and the Port Stephens estuary

 Over 1,317 species of native plants, including 31 listed threatened plant species

 Over 466 species of native animals, comprising:

o 66 species of native mammals, including 28 listed threatened species o 38 species of native frogs, including 6 listed threatened species o 59 species of native reptiles, including 4 listed threatened species o 303 species of native birds, including 45 listed threatened species

Plate 1: Lindernia alsinoides, a threatened species, growing in swamp sclerophyll forest at Failford (Mat Bell, GLC)

The area is under pressure from urban and rural development and other land use activities.

Historic clearing has fragmented parts of the natural landscape, leading to a decline in environmental function, resilience, diversity and integrity.

The 1997 Wallis Lake Hepatitis A outbreak and blue‐green algal blooms in the Myall Lakes system demonstrate the sensitivity of the natural environment as well as the environmental and economic consequences of human‐induced ecological impairment.

Remediation of ecological dysfunction and impairment are key aims of the Tops to Lakes Initiative.

The areas that are the focus of the Tops to Lakes Initiative have been refined in collaboration with partners and stakeholders and are based on documented scientific, cultural and economic priorities.

It is implicit that biodiversity conservation recognises and respects appropriate future development and land use opportunities and the value of sustainable production landscapes for food, timber and resources. The Tops to Lakes Initiative thus seeks to achieve the necessary balance between sustainable production and land use and the conservation of environmental processes and biodiversity.

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Therefore, the Tops to Lakes Initiative is a dynamic vision. While acknowledging the past, it will promote appropriate development and land use opportunities for the future.

It will recognise the value of sustainable production in landscapes for food, timber and other resources. It will strive to achieve the balance between sustainable production and land use, while strengthening the resilience of the local environmental processes. It will reinforce functional natural links and leave a beneficial legacy for future generations.

In addition, the Tops to Lakes will deliver outstanding biodiversity outcomes, such as enhancing the viability of regional Koala populations. Sadly, in 2012, Koalas were listed as a nationally‐threatened species.

In essence, the partners in Tops to Lakes can genuinely leave the Great Lakes in even better shape than received, thus leaving a modern legacy.

These aspirations are underpinned by evidence. The Tops to Lakes Initiative has, at its foundation, sound science, knowledge and experience. It should deliver strategic long term planning and actions to help the landscape to heal itself by enhancing its resilience.

This resilience includes the ecological, social, cultural and economic resilience of the people, corporations, plants and animals that can thrive within its boundaries.

The Tops to Lakes Initiative recognises that there is a need for:

 Clear and agreed objectives  Systematic, coordinated planning and implementation frameworks  Visionary, committed and courageous leadership  Prioritisation  Science (but with a need to sometimes embrace uncertainty)  Outcomes of substance

Plate 2: Protecting and managing natural landscapes for environmental services – a key goal of T2L (Mat Bell, GLC)

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The Tops to Lakes Initiative is a program of Great Lakes Council and its partners and forms part of Great Lakes Council’s wider Biodiversity Conservation Framework.

This Initiative also seeks to contribute to the wider‐scale outcomes associated with the Commonwealth Government’s commitment to establish a National Wildlife Corridors Plan as well as the Great Eastern Ranges Initiative of the NSW Government.

The Tops to Lakes Initiative provides a “rib” to the “spine” of the Great Eastern Ranges Initiative.

Great Lakes LGA

Figure 2: The forests and woodlands of the Great Eastern Ranges (from DECC 2007)

1.2 Enhancement of environmental services functions

It is important to recognise that Tops to Lakes seeks not only to achieve enhanced biological connectivity across the Great Lakes landscape, but also seeks outcomes relating to the functionality of the landscape with regards to environmental services provisions as well as strategic biological and cultural conservation.

On behalf of partnering agencies and the community, Tops to Lakes seeks to enhance the resilience and functionality of protected areas and deliver improved outcomes with respect to the protection of natural resources and natural functions. Due to its’ regional relevance and to

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Council’s successful involvement in water quality improvement programming, the Initiative has adopted prioritised outcomes relating to environmental flows and water quality protection.

In this regard, Tops to Lakes seeks to attain protection and enhancement of landscapes important for biodiversity, water quality, catchment health, cultural heritage and the provision of other environmental services provisions. It also seeks to restore native vegetation to help combat climate change as well as guide strategic programs relating to the control and management of invasive environmental weeds and feral animal pests.

Important (priority) landscapes in this Initiative include, but are not limited to:

 Wetlands  Riparian zones  Rainforests  Old‐growth/ wilderness areas  Threatened species/ populations and their habitats  Endangered ecological communities  Habitats adjoining protected areas (especially small‐sized or isolated reserves)  Steep lands  Corridors and connecting habitats  Aquifers and their recharge zones  Areas of highly erodible soils  Acid sulfate soil landscapes  Culturally significant natural landscapes  Visually prominent natural landscapes  Recreationally important natural landscapes  High conservation value remnant native vegetation

Plate 3: Riparian zones are very important with respect to the environmental services provisions – Crawford River, Bulahdelah (Mat Bell, GLC)

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2 Direction 2.1 Vision

The vision for Tops to Lakes is:

The ecosystems of the Great Lakes area, from Barrington Tops to the coast and the coastal lakes, are healthy, functional and connected. This is achieved in a manner that conserves and restores natural landscapes and populations of native plants and animals, preserves and reinstates environmental services functions and contributes to the long‐ term economic, social, cultural and spiritual well‐being of our communities.

Plate 4: Managing lands of high ecosystem services value – a critical action to reverse the history of decline to landscape condition and function (Mat Bell, GLC)

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2.2 Goals

The key goals of the Tops to Lakes Initiative are:

1. The sustainable protection, management and enhancement of natural landscapes for environmental services (water quality), the productivity of the land and the prevention and reversal of decline and degradation

2. The establishment and management of wildlife corridors and effective bushland areas that contribute to biodiversity protection, healthy ecosystem function and healthy people

3. The engagement and empowerment of the community and the application of effective partnerships

4. Effective administration including financial responsibility

2.3 References and related projects

The Tops to Lakes Initiative is consistent with the strategic directions identified by the following legislation, treaties, policies, strategies and plans:

Commonwealth

 The objectives of the Environment Protection and Biodiversity Conservation Act 1999  Intergovernmental agreements for the conservation of biodiversity in Australia  National Wildlife Corridors Plan (National Wildlife Corridors Plan Advisory Group 2012)  Australia’s Biodiversity Conservation Strategy 2010 – 2020 (NRM Ministerial Council 2010)  Conserving Australia: Australia’s national parks, conservation reserves and marine protected areas (The Senate Standing Committee on Environment, Communications, Information technology and the Arts 2007)  Directions for the national reserve system – a partnership approach (Australian Government 2005)  National biodiversity and climate change action plan 2004 – 2007 (Australian Government 2004)  The Australian Natural Heritage Charter (2003)  National strategy for the conservation of Australia’s biological diversity (Australian Government 1996)

New South Wales

 The objectives of a wide range of legislation (including but not limited to Environmental Planning and Assessment Act 1979, Native Vegetation Act 2003, Threatened Species Conservation Act 1995, Fisheries Management Act 1994, National Parks and Wildlife Act 1974, etc)  Draft NSW Biodiversity Strategy (2010)  NSW Wetlands Policy (2010)  Draft Mid North Coast Regional Conservation Plan (2010)  NSW National Parks Establishment Plan (2008)  Adapting to climate change impacts on biodiversity in NSW (NSW Government 2007)  Alps to Atherton Initiative – NSW Business Plan (2007)  The Great Eastern Ranges Conservation Corridor Initiative (2010)

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 Hunter/ Central Rivers Catchment Management Authority Catchment Action Plan 2006 ‐ 2015 (2007)  The state plan, a new direction for NSW (NSW Government 2006)

Great Lakes Local Government Area

 Community Strategic Plan (2010)  Wallis Lake Catchment Management Plan (2003)  Water Quality Improvement Plan for Wallis, Smiths and Myall Lakes Catchments (2009)  Port Stephens/ Myall Lakes Coast and Estuary Management Plan (2005)  Wallis Lake Wetlands Strategy (2010)

Plate 5: The Draft National Wildlife Corridors Plan 2012

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3 Existing conservation and connectivity

The Great Lakes Local Government Area is 337,414‐hectares in size. A 2010 assessment identified that 236,482‐hectares (70.1%) of the LGA contained native vegetation cover. Of this total, some 60,128‐hectares of terrestrial native vegetation occurred in conservation reserves (17.8% of the LGA) and 51,132‐hectares existed as State Forest. Privately‐owned native vegetation therefore comprised some 125,222‐hectares of the LGA.

Figure 3: Extant native vegetation of the Great Lakes Local Government Area

Across the Great Lakes landscape, patterns of vegetation retention and removal have not been uniform.

The largest intact areas of native vegetation occur in the less developed and more inaccessible areas in the west (the ridges and upper valleys on the slopes of the Great Dividing Range). Tracts of vegetation also occur on coastal sand‐masses in the eastern portion of the LGA (coastal zone), although many of these areas have been affected by sandmining. The lower and mid‐slopes in the valleys have mostly been cleared for agriculture (river floodplain zones). This generally corresponds to soils of greater relative fertility and/ or higher availability of soil moisture. The fertile river valleys, such as the Wallamba, Wang Wauk, Coolongolook, Karuah and the Myall Rivers have been subjected to the heaviest clearing pressures. However, the is relatively natural and is a very important biological landscape. Parts of the coastal lands around the beaches and lakes have been cleared for urban development and tourism or peri‐urban (rural residential) subdivision. Such near‐coastal landscapes support the highest levels of current development pressure, although there is also considerable pressure for ongoing rural subdivision to the current minimum rural lot size (40‐hectares).

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Land clearing in the Great Lakes area has resulted in:

 An overall reduction in the area of native vegetation in the landscape and widespread disturbance across many parts of the landscape  Increased isolation and lower levels of connectivity between remnant habitat patches  A reduction in biological and genetic diversity including species extinctions  Reduced or impaired ecosystem services function and declines in the quality, condition and productivity of the natural environment

The Great Lakes area is known to provide habitat for 12 listed endangered ecological communities, 3 listed endangered populations and 114 listed threatened plant or animal species. Clearing and loss of habitat is the over‐riding cause of the endangerment of these species, populations and communities.

Plate 6: Tuncurry Midge Orchid (Corunastylis littoralis), a Critically Endangered Plant Species (Ashley Carlson, GLC)

Plate 7: Koala (Phascolarctos cinereus), a vulnerable species at both State and National level (Ian Morphett, MKESG)

All tiers of government in New South Wales are required to strive towards the achievement of a comprehensive, adequate and representative (CAR) reserve system. Reservation of lands for biodiversity conservation can be achieved by a variety of public and private mechanisms.

The public conservation estate (National Parks, Nature Reserves, State Conservation Areas, Local Government Community Bushland Reserves, etc) provides the highest current level of conservation status.

Binding private land conservation instruments that are on‐title and which operate in perpetuity (BioBanking Agreements, Property Vegetation Plans, Voluntary Conservation Agreements, Registered Property Agreements, Conservation Trust Agreements, Restrictions or covenants on titles) also offer a sound level of conservation security.

There are also non‐binding conservation agreements that can be applied to private landholdings. This includes the Land for Wildlife program, of which Council is a regional

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provider. Non‐binding instruments can be altered or withdrawn at any time and provide no real (long‐term) security. The benefit of non‐binding conservation instruments is that they often provide a lead‐in or introduction to more binding forms of conservation in the future.

In the Great Lakes LGA, the status of protected areas is summarised below:

Table 1: Protected Areas in the Great Lakes LGA

Area Conservation Tenure Reserve/ Area Name (hectares) Myall Lakes National Park 48,183 6,544 Ghin‐Doo‐Ee National Park 4,809 National Park Barrington Tops National Park 2,693 Karuah National Park 2,691 Booti Booti National Park 1,536 Gir‐um‐bit National Park 43 Karuah 2,743 Darawank Nature Reserve 1,442 Minimbah Nature Reserve 552 Coolongolook Nature Reserve 202 Corrie Island Nature Reserve 164 Smiths Lake Nature Reserve 24 Seal Rocks Nature Reserve 2 Bull Island Nature Reserve 1 Nature Reserve Monkerai Nature Reserve 1 Island Reserves of Wallis Lake Including: Wallis Island Nature Reserve (586ha) Regatta Island Nature Reserve (111ha) Mills Island Nature Reserve (58ha) 851 Yahoo Island Nature Reserve (51ha) Bandicoot Island Nature Reserve (29ha) Flat Island Nature Reserve (9ha) Durands Island Nature Reserve (7ha) Black Bulga State Conservation Area 516 State Conservation Area Karuah State Conservation Area 71 Bulahdelah State Conservation Area 126 Land acquired for public ‐ conservation (not gazetted) Council community land – ‐ 516 natural areas

Area Land Conserved in Binding Private Land Covenants (Number) (hectares) Voluntary Conservation Agreements (VCA) (1) 39 Conservation Property Vegetation Plans (PVP) (‐) No data CMA/ DIPNR Registered Property Agreements (14) 496 DEH Conservation Agreement (0) 0

Nature Conservation Trust Conservation Trust Agreement (0) 0

Acquisition by Conservancy Agencies (Australian Wildlife Conservancy, Bush 0 Heritage Trust, Nature Conservation Trust, Birds Australia, etc) (0) Community Title Conservation Lots (‐) 342

S88B or s88E Instruments/ Covenants over Private Land for Conservation (‐) No Data

TOTAL 877

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Plate 8: Preserving wild and beautiful places for current and future generations – a T2L objective

In addition to the above, there is presently:

 12,999‐hectares of SEPP14 Coastal Wetlands  167‐hectares of SEPP26 Littoral Rainforests  11,865‐hectares of Environmental Protection Zone (Zones 7(a) – (f))

Further, in the marine waters and some estuaries within and adjoining the Great Lakes LGA, there are some 17,631‐hectares of Marine Park Sanctuary Zone.

While there is a relatively accurate picture of the extent of protected land (which is presently 22.02% of the LGA), there is a very incomplete picture of the biodiversity that is present within such areas.

This hinders a local analysis of the reservation status of individual species, vegetation communities and ecosystem types across the Council area.

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Further, the conservation estate is below the threshold level argued by some scientists and is biased spatially to non‐agriculturally productive landscapes. The current level of conservation thus cannot be seen to be comprehensive, adequate or representative.

Some reserves are of small size, sub‐optimal shape or are highly isolated and fragmented from other local or sub‐regional core habitats. Further, some critical ecological assets for biodiversity and/ or water quality protection are not protected or reserved and are vulnerable to imminent or chronic risks and threats.

There are also some limitations concerning the completeness of the reported area of conserved land. This is due to the difficulties encountered in compiling and sharing data across a number of different government agencies and because of various different privacy controls.

Previous State of the Environment reports for Great Lakes Council have identified the need to establish a Great Lakes Protected Area Network/ Strategy to address the inadequacies and shortcomings of the existing reserve system and to guide and report on additions to the conserved land estate over time. Further, it is recognised widely that Council's should be compiling and publishing maps of both the public and private conserved land network to aid in decision‐making and strategic planning. The Tops to Lakes Initiative can fulfil the role of the Protected Area Network/ Strategy and can provide the framework for a Conserved Lands map.

One concept of regional connectivity in the Great Lakes LGA has been explored in Scotts (2003), and while this investigation provides a solid starting point, it lacked local focus, ground truthing and it adopted impractically (unfeasibly) wide corridors. Key habitat and corridors mapping as presented in Scotts (2003) for the Great Lakes LGA is provided below.

Figure 4: Mapped key regional corridors and key regional habitats of the Great Lakes LGA (from Scotts 2003)

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There is a need to revise the connections and linkages across the Great Lakes LGA. This has been done intuitively in this overview report.

As such, it identifies a series of broad zones in which on‐ground assessment and local scale studies can be refined to deliver the Tops to Lakes connectivity that is being sought through this Initiative. These zones have been refined through consultation with key stakeholders.

The connectivity investigation zones for the Great Lakes LGA comprise the following:

1. Darawank NR – Bungwahl Swamp – Talawhal NR

2. North Tuncurry – Darawank NR

3. Minimbah NR – Minimbah Sandplain and Catchment – Wallamba NR

4. Minimbah Sandplain – Carefree Road – Tipton – Talawhal NR

5. Myall Lakes NP – Smiths Lake – Pacific Palms – Booti Booti NP

6. Pacific Palms/ Smiths Lake – Wallingat NP – Bachelor SF – Wang Wauk SF

7. Myall Lakes NP – Wallingat NP (including Wallingat River landscape)

8. Myall Lakes NP – Bulahdelah SF – Ghin‐Doo‐Ee NP – The Glen NR

9. Bulahdelah SF – SF

10. Ghin‐Doo‐Ee NP – Chichester SF

11. Durness‐Borland Landcare Corridor – Nerong SF – Myall Lakes NP – Myall River SF

12. Fame Cove – Nerong SF

13. Mount Karuah – Fame Cove – Durness‐Borland Landcare Corridor (northern foreshore of Port Stephens)

14. Karuah NR – Myall Lakes NP

15. Myall River SF – Monkerai NR – Black Bulga SCA – Chichester SF – Barrington Tops NP

16. Karuah NR – Black Bulga SCA – Chichester SF – Barrington Tops NP

Elements of many of the above corridors already exist in the form of reserves and state forests. However, critical fragmentation does occur. Some of the fragments are naturally vegetated, but not protected. In other areas, the fragments exist as cleared and derived landscapes, where broad‐scale ecological restoration is required.

The approach to connectivity conservation proposed is adapted from Beier et al (2011). In this respect, Tops to Lakes will seek to identify conservation cores (areas whose conservation value derives from the species and ecological processes within them) and will seek to conserve such cores and the practical landscape connections between them. Decision rules for

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determining the connectivity between conservation cores will not only reflect technical (scientific) criteria, but the values and priorities of stakeholders.

Conservation cores will be identified on the basis of naturalness, protection status and environmental services functions. Connecting habitats will be identified in a manner that achieves the full range of outcomes sought by this Initiative, with an emphasis on biodiversity connectivity, environmental service functionality and sustainable land use/ development.

In this regard, it must be recognised that Tops to Lakes is not just about connectivity. It seeks to achieve prioritised and strategic natural resource outcomes, such as enlarging and improving the shape of existing conservation reserves to enhance viability and assist management. It also seeks to deliver key outcomes of the community’s aspirations concerning natural landscapes as well as delivering some of the priority actions of the Water Quality Improvement Plan.

This would include the pursuit of outcomes relating to the re‐forestation of cleared steep lands, the protection and conservation of riparian zones and wetlands and the re‐establishment of functional and resilient natural landscapes for the provision of environmental services values.

Plate 9: Plantings at the Durness–Borland Landcare Corridor (Mat Bell, GLC)

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4 Actions 4.1 Tools

The Tops to Lakes Initiative relies on the effective deployment of a suite of integrated planning and implementation tools in a coordinated and strategic manner to achieve the program vision and goals.

Tools/ actions that may be utilised in this Initiative include (but may not be limited to the following):

Acquisition

Great Lakes Council has achieved great success with regards to strategic acquisitions for wetland restoration and water quality improvement using Environmental Special Rate funds and partnering co‐contributions.

For example, Council has purchased priority private land at the Darawakh Creek/ Frogalla Swamp Wetland as well as at Minimbah, Forster, Bulahdelah and Tea Gardens.

These acquisitions have been undertaken in conjunction with other partners, including Local Land Services ‐ Hunter Region and the NSW Office of Environment and Heritage. The acquisitions have resulted in dedications of land to the National Reserve System, including to Council’s community land – bushland reserve system. The acquisition program has secured core conservation land that was at risk from intensified private land use and has facilitated the restoration of impaired agricultural land (particularly the acid sulphate soil restoration project at Darawakh Creek/ Frogalla Swamp Wetland).

Acquisition for public conservation is clearly the highest and best possible conservation measure. It secures land, removes land use risks and threats, adds to the National Reserve System and can be strategically deployed to targeted priorities.

However, funds for acquisition, by Council and other agencies and organisations, are limited. As such, acquisitions must be used with prudency and efficiency for the highest priority sites.

Nevertheless, Council and other agencies shall, as part of the implementation of this Initiative, continue to pursue strategic acquisition of lands of environmental services priority.

Council’s powers of land acquisition are provided for by the Local Government Act 1993. Market, voluntary or agreed compulsory acquisitions are preferred, although Council does have the potential to pursue compulsory acquisitions in certain circumstances.

Acquisitions of land need to be endorsed by Council resolution and be based on fair market value as determined by a registered and experienced valuer.

Given the cost of acquisition, the application of development incentives for conservation purposes should be, at least, considered prior to committing to the acquisition of lands. However, development incentives may not be suitable or appropriate for some landholdings.

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Development incentives for conservation purposes

In certain circumstances, Council has used opportunities afforded through development incentives to acquire lands of high conservation importance. Such mechanisms have been used through the development consent process (typically SEPP1) or through the strategic planning process. Typically, this has involved consent for an increase in the statutory development entitlement over suitable areas (and the varying of a development standard via SEPP1) such that a landholder may receive one or more additional lots/ dwelling entitlements in return for the dedication of conservation important lands. Partnership and support from the NSW Department of Planning and Infrastructure is thus crucial. This is also sometimes associated with the part acquisition of the conservation area and requires a detailed economic assessment to be assured that equitable outcomes are being realised. This technique has been deployed at the Darawakh Creek/ Frogalla Swamp Wetland, the Minimbah Sandplain and at North Tuncurry.

This tool can also be used through the development consent and strategic planning process, whereby additional lot yields can be realised in suitable circumstances if there is a significant concurrent conservation outcome on strategically important lands. This has been achieved at sites at Pacific Palms, North Tuncurry and at Tea Gardens, with several other applications currently in progress. There is considerable scope within the planning system to derive mutually beneficial outcomes relating to development yields and conservation outcomes. However, carefully‐applied science needs to be at the core of such outcomes. Further, some landholdings are so significantly ecologically constrained that this tool is simply not appropriate. That is, no parts of some landholdings are appropriate for development of any kind.

Council’s history of applying development incentives can be utilised to develop a protocol to guide the future application of this conservation tool. Further, a Biodiversity Offset Strategy is required to give effect to a development incentive for conservation clause within the Draft Great Lakes Local Environmental Plan (2013). In the absence of a strategy/ protocol, the realisation of development incentives for conservation purposes should be cautiously deployed with great scrutiny and careful consideration.

Private conservation (PVP, VCA)

There are a number of different conservation mechanisms that can be voluntarily deployed to effect permanent protection of specified areas of high conservation value habitat on private lands.

This includes the application of a Property Vegetation Plan (PVP) under the Native Vegetation Act 2003 or a Voluntary Conservation Agreement under the National Parks and Wildlife Act 1974. Further, there is an opportunity for private landholders to participate in the Biobanking program.

While not representing the highest and best form of conservation that is available, there is considerable scope for the application of these permanent, on‐title conservation mechanisms as part of the Tops to Lakes Initiative.

As such, strategic consultation, negotiation and deployment of private conservation instruments are an important element of the Tops to Lakes Initiative.

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Private conservation can also be delivered through the adoption of sustainable practices in rural land use. This also yields significant benefits to catchment health and environmental services provisions.

There is also scope for the application of non‐binding/ non‐permanent private conservation mechanisms to conserve and restore biodiversity, habitat and ecosystem services across the Great Lakes LGA. One such mechanism is the Land for Wildlife program, to which Council, in partnership with Karuah/ Great Lakes Landcare, is a Regional Provider. Since this joint regional provider partnership, there has been a significant increase in the number of local participants in Land for Wildlife. While this is a voluntary, non‐binding program, it allows for education, recognition and encouragement of native vegetation protection and restoration. It can be a lead‐in for more binding conservation achievements on private land. As such, the Land for Wildlife program is an important component of the Tops to Lakes Initiative.

Non‐government conservation agencies

Non‐government conservation agencies, such as Bush Heritage, Nature Conservation Trust, Landcare Australia Ltd and Australian Wildlife Conservancy play an important role in the conservation of biological diversity and wildlife habitats across NSW and Australia. The Tops to Lakes Initiative provides an excellent opportunity for the activities of these organisations to be focussed on the LGA.

Great Lakes Council is already developing a working partnership with Greenfleet to effect the appropriate revegetation of cleared lands for carbon sequestration and biodiversity restoration. Greenfleet is thus a valued partner of the Tops to Lakes Initiative.

Strategic planning

Through the normal course of Council’s strategic planning processes, there is an ability to recognise the vision, goals and objectives of the Tops to Lakes Initiative and to deliver on‐ ground outcomes, wherever possible.

Development assessment planning

The development assessment process can deliver Tops to Lakes Initiative outcomes in two main ways.

Firstly, decisions can be made to ensure that development applications in the Great Lakes LGA do not compromise or unreasonably harm landscape or local connectivity, the habitats of threatened biodiversity and significant ecological communities and areas important for the provision of environmental services. In many developments, an "avoid ‐ mitigate ‐ compensate" hierarchy is applied to the protection of the environment. Because of this hierarchy, offsetting is increasingly utilised to address residual biodiversity impacts associated with a development proposal.

Secondly, the development consent process provides an opportunity, through conditions of consent, to protect, conserve and restore features of ecological significance. The application of s88B and s88E instruments under the Conveyancing Act 1919 is one tool to achieve this. Great Lakes Council has utilised this tool previously to effect reasonable conservation and protection outcomes associated with development and land use decisions.

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The determination of development applications and the establishment of conditions of consent must accord to statutory provisions as well as what is referred to as the “Newbury Test” adopted by the NSW Land and Environment Court.

Corporate investment/ sponsorship/ bequests

Increasingly, corporations are investing in the conservation and restoration of the natural landscape. This can be done altruistically or increasingly as an investment in natural capital as part of a social licence to operate.

A local example has been associated with a recent consent for the expansion of the Duralie Coal Mine venture near . This included a voluntary catchment contribution of $120,000 annually, indexed for the life of the approval, from the mine operator to Great Lakes Council. This will be directed to significant catchment outcomes, including conservation and water quality improvement.

Into the future, further development or refinement of carbon storage/ sequestration in soil or native vegetation markets may facilitate additional or new corporate investment in natural capital.

The Tops to Lakes Initiative provides an opportunity for corporate investment and sponsorship of conservation, restoration or revegetation to be brokered and facilitated. As such, Council and its partners can direct strategic opportunities ranging from targeted land acquisitions for conservation or offsetting through to relatively small‐ scale investment in on‐ground activities (tree‐planting, weed control, etc) facilitated by corporate sponsorship for altruistic purposes. There are excellent opportunities for this to realise significant on‐ground outcomes and assist to deliver the vision and objectives of the Tops to Lakes Initiative.

Plate 10: Sustainable and balanced land use that enhances environmental resilience and the social and economic resilience of communities – a goal of T2L (Mat Bell, GLC)

20. Tops to Lakes Initiative – Program overview

Further, the Tops to Lakes Initiative can help guide and direct corporate investment in eco‐ related development opportunities in relevant parts of the Great Lakes LGA.

Finally, the significant Durness – Borland Landcare Corridor, which was the probably the principal catalyst for the Tops to Lakes Initiative, demonstrates what can be achieved through an effective partnership and funding provided by bequest. Successful delivery and synergistic, associated opportunities demonstrates that bequests and donations can deliver significant and lasting on‐ground restoration and conservation, and deliver elements of the Tops to Lakes Initiative vision.

21. Tops to Lakes Initiative – Program overview

5 Partnerships

It is essential that a partnership approach be established and proactively applied to the Tops to Lakes Initiative and its related sub‐programs.

A successful partnership in this regard will depend upon:

 Effective, transparent, timely and honest communication  A unity of purpose and effort  Shared and specific goals and objectives  Focus on achieving measurable on‐ground outcomes  Sharing of knowledge in an adaptive management framework

In addition to Great Lakes Council, the Tops to Lakes Initiative involves a wide range of supporting agencies and organisations, including:

 Commonwealth Department of Sustainability, Environment, Water, Population and Communities and Department of Agriculture, Fisheries and Forestry  NSW Office of Environment and Heritage  Local Land Services ‐ Hunter Region  MidCoast Water  NSW Department of Primary Industries  NSW Department of Planning and Infrastructure  Hunter Councils Environment Division  Greenfleet  Landcare Australia Ltd  Karuah – Great Lakes Landcare  Non‐government conservation agencies  Land owners and managers  Industry bodies  Corporate partners  Neighbouring local government authorities (Gloucester, Greater , Dungog and Port Stephens)  Research and education institutions  Funding providers

For this program to be effective and successful, it will need to harness significant levels of co‐ investment and shared effort and the integration and alignment of activities in a strategic manner.

In short, all partners will need to work together to achieve the vision, goals and agreed actions of the Tops to Lakes Initiative.

By working together and attaining goals associated with the Tops to Lakes Initiative, program partners are also likely to achieve their own goals and aspirations.

22. Tops to Lakes Initiative – Program overview

Plate 11: Landcare Australia Ltd Sponsorship Committee inspecting the Durness – Borland Landcare Corridor Project ‐ a very successful partnership contributing to the Tops to Lakes Initiative (Mat Bell, GLC)

23. Tops to Lakes Initiative – Program overview

6 Evaluation and reporting

It is important that this program be subject to regular critical review and evaluation, leading to adaptive management.

Further, a means to report the effort and outcomes associated with delivering the Tops to Lakes Initiative should be developed as part of Council’s broader corporate reporting framework.

Outcomes should also be communicated with partnering agencies, to assist their reporting protocols and to ensure that successes of the Initiative are communicated and shared.

(Mat Bell, GLC)

24. Tops to Lakes Initiative – Program overview

7 References

Australian Government 1996, The national strategy for the conservation of Australia’s biological diversity. Australian Government 2004, The national biodiversity and climate change action plan 2004–2007. Australian Government 2005, The directions for the national reserve system – A partnership approach. Beier, P., Spencer, W., Baldwin, R.F. & McRae, B.H. 2011, Towards best practice for developing regional connectivity maps, pp. 879 – 892 in Conservation Biology, 25, 5. Commonwealth of Australia 2007, Conserving Australia: Australia’s national parks, conservation reserves and marine protected areas, Senate Committee Department of Environment and Climate Change. 2007, Alps to Atherton Initiative. NSW Government. Environment, Communications, Information Technology and the Arts Report. Hilty JA, Lidicker WZ Jr. and Merenlender AM 2006, Corridor ecology: the science and practice of linking landscapes for biodiversity conservation, Island Press, Washington, USA. NSW Government 2007, Adapting to climate change impacts on biodiversity in NSW, 2007–2008. Soulé ME and Terborgh J 1999, Continental conservation. Scientific foundations of regional reserve networks, Island Press, Washington DC. Thackway & Cresswell. 1995, An interim biogeographic regionalisation of Australia. The Senate Standing Committee on Environment, Communications, Information Technology and the Arts 2007, Conserving Australia: Australia’s national parks, conservation reserves and marine protected areas. Worboys GL 1996, ‘Conservation corridors and the NSW section of the Great Escarpment of eastern Australia’, paper presented at the IUCN World Conservation Congress, Montreal, Quebec, Canada, 13–23 October 1996.

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