4.6 Likelihood of Occurrence of Threatened Fauna Species

L 4, DP437419 F F A

S 4.6 Likelihood of Occurrence of Threatened Fauna Species

There are a number of listed fauna species that have been recorded at or in the vicinity of the subject site (refer Table 4). The likelihood of these species utilising the subject site and particularly the area proposed for development, based on their habitat requirements, is discussed in Table 10. Species which are considered as either likely to occur or possibly occurring at the subject site, are assessed in Section 5 with regard to relevant legislative considerations.

Ref No BA040049 ASPECT lJ PhcWWaft —Phcoaj nmey - Land Swveylng-. CM Emnoedng - StnjuraI Englnoeitng - Town PthMng - Mapping - Environmental 41 L 4, DP437419 F F A

Table 10. Likelihood of Threatened Fauna Species Occurring at the Subject Site. Poiblr 'Ulikly Detected Common Occursat toOccur Scientific Name Habitat at Subject Reasoning Name ct su6ect site vifauna In NSW now most common along the coastal fringe with isolated populations inland. Generally considered a vagrant. A resident reeding population is present on the far north oast of NSW (Gosper and Holmes 2002, D. Charley pers obs). Favours shallow floodplair wetlands with dense rushes or sedges. Permanent swamps or dams and grasslands No suitable freshwater often nearby. (NPWS 2002, Marchant and wetlands found thesemzpalmata Magpie Goose nseranas are VO on -hggins 1990). Feeds on grass seeds durmg the ubject site. No further vet season and sedge rhizomes during the dry assessment required. season. Will dig rhizomes from the ground (Marchant and Higgins 1990). In NSW this species there are breeding records for the period August to November. Breeds in dense ;edges or Typha. The nest is usually built over water, supported by vegetation (Marchant and Higgins 1990). The Freckled Duck is primarily a bird of the inland with periodic dispersal to the coast No suitable freshwater Stictonetta during periods of inland drought (Marchan wetlands found the Freckled Duck on zaevosa md Higgins 1990). Breeding takes place subject site. No further following inland flooding. Prefers fresh, assessment required. densely vegetated particularh Ref waters, No BA040049 ASPECT Mimi Photog y-Photogmimietsy - Land Surveying - CMI Engineeting - Sliuctural Englneedng -Town Raindng -Mapping - Emlronmental 42 L 4, DP437419 F F A

Possibly Ulikely. Detected Common Occur',- at to O.cur, Scientific Name Habitat at Subject Reasoning Name Subject at Subject site site --site floodwater swamps and creeks vegetated with ignum or Cane Grass (Marchant and Higgins 1990). The species breeds in densely vegetate freshwater lakes and swamps, creeks an floodwaters with thickets of Melaleuca, Casuarina or Leptospermum. After breeding it noves to open water (Marchant and Higgins 1990). Nests solitarily. Nests are usually in ignum (Marchant and Higgins 1990). 1 specialist filter feeder with food being primarily seeds and vegetative parts of aquatic plants (Marchant and Higgins 1990).

The Gould's Petrel is a pelagic species. It feed: on small fish, squid and krill (Marchant an Higgins 1990, NPWS 2002). This specie terodroma breeds primarily on Cabbage Tree Island pelagic species. ould's Petrel eucoptera offshore of Port Stephens in NSW with a No further assessment eucoptera smaller colony on nearby Boondelbah Island. required. Forages across the Tasman Sea (Marchant and Higgins 1990, NPWS 2002).

The Little Shearwater inhabits oceanic and pelagic Little species. 'uffinus assimilis continental shelf (Marchant and No further Higgins ,hearwater waters assessment eqmred. 1990). Wandering )iomedea exulans ['he Wandering Albatross occurs in open pelagic species. No

Ref No BA040049 ASPECT Aetlal Photography Photograninetiy - - Land Surveyhig - CMI Eriglneedng - Sfructwal Englneedng - Town PlanrJng - MappIng - EnvIronmental 43 L 4, DP437419 F F A

Possibly Unlikely Detected Common Occurs at to Occur Scientific Name labitat at Subject Reasoning Name Subject Subject site at site site Albatross oceans, and edges of pack-ice, feeding over urther assessment required. both deep pelagic and shallower continental hell waters (Marchant and Higgins 1990). he Red-tailed Tropicbird is pelagic off-shore and pelagic Red-tailed Phaethon a or n ocean-going species that inhabits tropical, No further ['ropicbird rubricauda species. marine waters. assessment required. The Black Bittern is found acoss northerr Australia and along the coastal plain of easterr Australia to north eastern Victoria. It favours terrestrial wetlands and estuarine and littoral tabitats where they forage at the edge of the water. They usually in permanent wetlands are Some potential for this ringed by dense vegetation (Marchant & species along the Higgins 1990). They have been recorded from to occur xobnjchus drains and in the riparian Black Bittern rank grasslands, shrublands, rainforest and lavicollis vegetation of the subject site. dry and wet scierophyll forest (Marchant and eight-part undertaken liggins 1990). Feeds fish, mollusc, test as on precaution. freshwater crayfish and insects. Mostly crepuscular and nocturnal (Marchant and Higgins 1990). They breed in densely vegetated wetlands in secluded places. Nests are solitary. The nest is usually on a horizontal ,ranch in a leafy tree over-hanging water. This species is widespread throughout south mall of potential Australasian 3otaurus area Australia. It is found in the fahabitat Bittern oidloptilus astern not comprising north-west corner of NSW. In NSW it is 'hraginites dominated

Ref No BA040049 ASPECT Aedal PhotograpIy— Photogrananetry - Lai'4 Surveyhig - CMI Enghmming - Structural Ennifloeitng -Town planning -Mapping - Environmental 44 L 4, DP437419 F F A

Poibl3, Unlikely Detected Common Occurs at to Occur Scientific Name Habitat at Subjectsite Reasoning Name Subject at Subject ,ite site widespread with most records from the Tegetation occurs adjacent to Murray -Darling Basin (Marchant and Higgins he dam and some drains. 990). This species is probably sedentary. It ese permanent freshwater may move to the coast during inland droughts swamps are very small (Marchant and Higgins 1990). The Australian seasonal and considered Bittern has a fairly narrow habitat range marginal habitat. (Garnett & Crowley 2000) and require ight-part test prepared as a permanent freshwater wetlands with tall dense precaution. vegetation such a Phragmites spp. and 3ullrushes (Typha sp.). They mainly forage at night when they feed on frogs, small fish, tabbies and other wetland invertebrate (Marchant and Higgins 1990, NPWS 2002) They breed in pairs and solitary. The nest is generally in a stand of Typha, Phragmites or other dense tall vegetation in swamps. The nest is usually over water. The Black-necked Stork is found across Anecdotal evidence suggests northern Australia. In NSW it confined to is his the site the coastal plain north of Nowra and the species uses on upper irregular and short-term North Slopes and Plains (Marchani an lack-necked phzppzorhynchus western basis, often following heavy and Higgins 1990). It inhabits terrestrial Stork iszaticus Limited suitable wetlands includingmcludmg large am. swamps, permanent freshwater wetlands. eight-pools, lagoons and Mangrove swamps art test prepared as a (Marchant and Higgins 1990). The Stork is also round in estuaries and flooded meadows, recau on.

Ref No BA040049 ASPECT north Aedal PhAiy— Photograninetry - Land Swwylng - Civil Enginewing - Shuctural Englneeilng -Town Ftantng— Mapping - Environmental 45 L 4, DP437419 F F A

Possibh Unlikely Detected Common Occur', at, 'to Occur Scientific Name Habitat at Subject Reasoning Name Subject atSubject site Site.Lsite spring seepages, on dry plains an occasionally in open grassy woodlands. I reeds in or near freshwater swamps and most nests are found in secluded places as high as possible in the fork of a live or dead tree although nests are occasionally found on by hrubs or trees(Marchant and Higgins 1990 Ayers 1995, D. Charley pers obs). Considered to be less common in Saltmarsh flats, intertidal waters and estuarine mudflats (Marchant and Higgins 1990). Feeds on fish, crustaceans, some nsects and snakes. Forage by walking through hallow water and submerged vegetation. Found around most of the coast of Australia In NSW this species is found mostly in the Possibly over-flies the coastal plain (Marchant & Higgins 1993). It subject site. No suitable utilises marine and estuarine waters however foraging areas or nest sites here are a number of inland records within the development (Marchant & Higgins 1993). This Osprey Pandion halzaetus area. species is Areas with Melaleuca more common in sub-tropical and tropical and Swamp Oak, potential regions. Forages for fish in sheltered coastal sources of nesting material, takes, estuaries and shallow inshore waters in southern parts of subject (Marchant & Higgins 1993). The nest is site to be retained. No usually in a large dead tree or on man-made further assessment required. structures. ed Goshawk rythrotriorchis The Red Goshawk prefers forest anc I Yo No suitable forest habitat Ref No BA040049 ASPECT i.aj PhakWaft Ptiotograiwnwhy Land - Suivaying - CtvN Englneeitng - StnturaI Englneeilng - Town Ianing - Mappbig - EiM,vnmental 46 L 4, DP437419 F F A

P6S-S'-ib13UUnlikely Detected' Common OecurslaU to Occur Scientific Name Habitat at Subject Reasoning Name site site site adiatus woodlands with a mosaic of vegetation types occurs on the site. specially areas which include rivers illabongs or swamp wetlands with large bird populations (Marchant & Higgins 1993). Jr NSW this species is restricted to the far north ast including the Tweed, Richmond and Clarence River catchments (Marchant & Higgins 1993). Generally considered to be sedentary. Feeds mostly on birds including large species. Small mammals, retiles and nsects are also taken. Nests are usually high nd near to the top of a tree. The nest is a large structure of sticks. The Brolga is widely distributed across northern Australia, throughout Qld, central western Victoria and northern NSW (Marchan Anecdotal evidence & Higgins 1993). In NSW records scattered suggests are his species the site across uses on their Brolgas inhabit shallow irregular and short-term range. and margins, floodplains, in swamps swamp basis, often following heavy kolga rubicundus grasslands and pastoral lands. In north eastern rus am. Suitable freshwater ;edgelands, NSW they often found in coastal heaths, are vetlands limited. eight-part pastures and freshwater wetlands. prepared movement The Brolga is partly migratory with regular test as a between breeding and non -breeding )reeding sites (Marchant & Higgins 1993) Such sites appear to be traditional.

Ref No BA040049 ASPECT Mitel Photography- Ptictogran.netiy - Land Suivaying - Civil Engheedng - Sliuctwul Englnewlng -Town Planidng - Mapping - Envi,owtnental 47 L 4, DP437419 F F A

Possibly Unlikely Detected Common Occurs at to Occur Scientific Name Habitat at Subject Reasoning Name Subject at Subject site. site site Movements partly determined by rainfall Feed on grain, corms of wetland plants, insect shwater molluscs, crustaceans, frogs, small mammals, reptiles and 11 parts of dry and we and plants. They plunge their heads under water to dig for roots and corms of swami vegetation. The nest is solitary and usually made of grasses and plant stems on small island in shallow swamps or standing it water. Occasionally on plains some distance from water (Marchant & Higgins 1993). Occurs in densely overgrown margins of swamps, permanent terrestrial freshwater wetlands, permanent water bodies, streams and thick undergrowth, especially tall dens grasses or dense thickets of lantana or other shrubs (Marchant & Higgins 1993). In NSW Could occur adjacent to the his species is found only in the far north wetlands and associated 1LTOmIS on Bush-hen oast, north of about the Evans River with dense lantana thickets. ivaceus (Marchant & Higgins 1993). Food is comprisedeight-part test prepared as a mainly of seeds, plant material, insects and precaution. frogs (Marchant & Higgins 1993). The nest is constructed in dense grasses and waterside vegetation. It is usually in the centre of a grass tussock,other or on low branches of Lantana oi low growing shrubs (Marchant & Ref No BA040049 ASPECT Aeilal Photcgmply Photogianwnetiy - - Land Surveying - Civil Enghwedng - Stiuctumi Engtneeilng - Town Flanctng - Mapping - EiMrcrimental 48 L 4, DP437419 F F A

Possibly Unlikely Detected Common Occurs at to Occur Scientific Name Habitat at Subject Reasonmg Name Subject aiSubject site site site Higgins 1993). The Painted Snipe requires shallow vegetated temporary or infrequently filled freshwater wetlands with dense groundcover (Garnett & :rowley 2000, Marchant & Higgins 1993). They prefer freshwater wetlands, swamps marshy grassed plains and very occasionally ignum where there is low dense cover. They Wetland areas present on feed at the waters edge where they take seeds subject site do not have the and small invertebrates (Garnett & Crowley characteristics of preferred ostratula 000). Seasonal conditions appear to influenc habitat. Saline wetland 'ainted Snipe enghalensis distribution and birds will suddenly appear in habitats generally ustralis an area after good rains. They are widely unsuitable. Unlikely to be distributed across eastern and northern any significant impacts on Australia. Records are scattered across this suitable habitat. No further ange (Marchant & Higgins 1993). Mainly assessment required. reed in the Murray -Darling region. Records suggest seasonal migration from southern ,arts of their distribution. Nests are solitary or loosely colonial. The nest is on the ground in swamps, Canegrass and other low dens vegetation.

The Black-tailed Godwit is a large wader. It is a Potential foraging habitat Black-tailed ion-breeding seasonal migrant to Australia and roost sites confined to a. mosa mosah. V r odwzt from the northern hemisphere. In Australia i he southern parts of the s found on estuaries, sheltered coastal bays ubject site. Former roost

Ref No BA040049 ASPECT M,tat Photcgmphy Photogienvnetry - - Land Surveying - Civil Engineering - StiucuraI Englneeilng - Town Planning - Mapg*ig - En*oninental 49 I

L 4, DP437419 F F A

Poibly Unlikely Detected Common Occursatto:Occur Scientific Name Habitat at Subject Reasoning Name SubjectJ af Subject site - and lagoons and sometimes around large site identified by Holmes et ephemeral inland lakes, and less frequently l. now unsuitable due to found on rocky coasts, islets and sewage farms invasion by Phragmites, (Higgins and Davies 1996). It tends to prefer Mangroves and Saltmarsh estuarine environments. It is an omnivore species. Unlikely to bean eeding primarily on invertebrates. Probes for mpact upon this species. food in sand and mud substrates (Higgins andeight-part test prepared as a Davies 1996). Migratory waders roost precaution. communally on sandbars, spits ocean beaches and rocky groins. Congregates at these roost sites during the high tide period. Disperser from these roosts as the tide falls. Follows the ailing tide to forage. The Australian population breeds in central Siberia (Higgins and Davies 1996). The Terek Sandpiper is a common summer Potential foraging habitat migrant to coastal mudfiats, sheltered estuaries and roost sites confined to and lagoons, as well as sandbars, reefs, coastal he southern parts of the swamps and salt fields around the coast of subject site. Former roost Australia. Important habitats and flyway Ferek stop site identified by Holmes et Xenus cinereus for the Terek Sandpiper Sandpiper overs are in Cairns 1. now unsuitable due to Moreton Bay, Eighty Mile Beach and Roebuck invasion by Phragmztes, Bay (Higgins & Davies 1996). Mangroves and Saltmarsh. Unlikely to be an impact upon this species. eight-part est prepared as a

Ref No BA040049 - ASPECT Aedal Photography- Photograninwhy - Land Suvveyhig - Ovil Engbeeft - Stiuctumi Englneeilng - Town PIaMng -Mapptng - En*cnmental 50 L 4, DP437419 F F A

Posib1 Ulik1y Detected Common Occirsa Scientific Name Habitat at SubjectReasomngsite ccur Name Subject atSubject if precaution. Abundant northern Australia but less across Potential foraging habitat in the south, the Great Knot found common is and confined sheltered coastal mudflats, inlets, harbours, roost sites to on he southern parts of the lagoons, sandy bars and mangrove swamps, ubject site. Former roost ,eaches. Occasionally found salt lakes on site identified by Holmes et and saltworks ponds. Important Calzdrzs agoons 1. unsuitable due to Great Knot tenuirostrishabitats and flyway stop for the Great now overs invasion by Phragmztes, Knots Cairns, Moreton Bay, Eighty Mile are in vlangroves and Saltmarsh 'each and Roebuck Bay (Morcombe 2000 species. Unlikely to be Higgins & Davies 1996). Sheltered coastal an impact this ntertidal mudflats sandflats, also upon species. or ocean eight-part test prepared beaches (Higgins & Davies 1996). as a precaution.

The Sanderling is an uncommon to locally Potential foraging habitat common summer migrant. They occur around and roost sites confined to Australia, although mainly along the northern the southern parts of the and eastern coastline. Preferred habitat, in subject site. Former roost Australia, is open sandy beaches exposed to ite identified by Holmes et he swell. They have also been recorded al. unsuitable due to anderlmg Calidrzs alba ocean now :rom sand banks and mudflats in river invasion by Phragmztes, estuaries, coastal lagoons and lakes (Higgins & Mangroves and Saltmarsh Davies 1996). species. Unlikely to be an mpact upon this species. ight-part test prepared as a Precaution.

Ref No BA040049 ASPECT Englneeilng Town Planidng Mapping EnvI.,....oniaI AwW Photcgiphy - Phcogmnmietiy - Land Surveying - cIvH Enghieeilng - Sliuciwal - - - 51 L 4, DP437419 F F A

ly tely Detected Common Ours at to Occur Scientific Name labitat at Subject Reasoning Name Subject abSubject site site

The eastern form of this species breeds it Potential foraging habitat orthern Siberia and migrates winter to in and roost sites confined to Australia. Broad-billed Sandpipers over-winter he southern parts of the on the northern coast, particularly in the north subject site. Former roost vest, with birds located occasionally the on dentified by Holmes et al. southern coast. Broad-billed Sandpipers road-billed zmicola (1998) unsuitable due inhabit estuarine.n sandflats and mudflats now to Sandpiper alcinellusharbours, invasion by Phragmztes, embayments, lagoons, saltmarshe' vlangroves and Saltmarsh and reefs. Occasionally, recorded at sewage species. Unlikely be within shallow freshwater lagoons. to an arms or impact this Broad-billed Sandpipers roost banks upon species. on or eight-part prepared sheltered sand, shell shingle beaches. test as a or precaution. (Morcombe 2004, Higgins & Davies 1996). The Beach Stone-curlew occurs on open undisturbed beaches, islands, reefs and No suitable littoral habitat estuarine intertidal sand and mudflats (Pizze) )resent in the development 991; Marchant & Higgins 1993). The species area. No beaches nearby. refers beaches with estuaries Area proposed for each Stone- or mangrove' - neglectus nearby (Garnett 1992). the curlew sacus However, species development dominated by also frequents river mouths, offshore sandbars tall rank vegetation and associated with coral atolls, reefs and rock unsuitable for this species. platforms and coastal lagoons (Woodall & No further assessment Woodall 1989; Balmford 1990). required.

Ref No BA040049 ASPECT Aerie! Photohy Photograninetzy - - Land Surveying - CM Engineering - Structural Engineering - Town Planning - Mapping - Emdronmental 52 L 4, DP437419 F F A

Possibjat tUnhkely Detect Occur' to OccuratSubject Scientific Name labitat at Subject .rcSubject Reasoning Name :.; site 4 - site - The Bush Stone-curlew is found anywherE No suitable woodlands with of small shrubs, resent site. Ground Bush Stone- Burhinus cover sparse grass or on litter of twigs, such woodlands, mallee v" :over generally very dense curlew grallarius as open or mulga, and avoids closed canopy habitats not sparse. No further (Morcombe 2004). assessment required. Coastal, preferring intertidal mudflats and Littoral habitats not present rand banks and sandy ocean beaches -it subject site. May occur (Marchant & Higgins 1993). Forages along during flood periods and ocean beaches for molluscs and polychaete extreme weather events. No Pied -Iaematopus worms. Also forages on estuarine sandbarsbeaches nearby. Area Oystercatcher longirostfis sand spits, rock groins and inundated playing proposed for development fields following heavy rain. Breeds on the dominated by tall rank ore-dunes, sand spits and sandy flats adjacent vegetation and unsuitable to beaches. for this species. No further assessment required. Rocky intertidal shorelines, rock platforms Rocky littoral habitats not reefs, occasionally estuarine sandbars and )resent subject site. No nudflats (Marchant & Higgins 1993). Forages beaches nearby. Area Sooty -Iaematopus along rocky headlands, rock walls and groins proposed for development VO Oystercatcher idiginosus and rocky islands. Breeds on rocky islands dominated by tall rank and rocky headlands. vegetation and unsuitable or this species. No further assessment required. Lesser Sand Plovers found intertidal Potential foraging habitat Lesser Sand Charadrius are on ;andflats and mudflats, beaches and reef flats and roost sites confined to Plover nongolus (Marchant & Higgins 1993). Prey is usually he southern parts of the

Ref No BA040049 ASPECT north Planrthig Mapping E,Mronmental Mdal Photography— Photogianinetiy - Land Surveying - Civil Englneedng - Structural Englneeitng -Town - - 53 L 4, DP437419 F F A

Pib1Ufifikely',? Detected - Common Otff'.ati iOccur Scientific N Habitat at Subject Reasonmg Name Suhect Subject site siteJ 'L site located visually and taken from the surface of ;ubject site. Former roost the sand or mud. Roost communally or ;ite identified by Holmes et ?xposed sandbars and spits, rocky groins, al. now unsuitable due to ocean beaches and man-made islands. Roost invasion by Phragmites, sites are generally in close proximity to Mangroves and Saltmarsh )referred feeding grounds. Breed in the species. eight-part test northern hemisphere. Like the Greater Sandprepared as a precaution. )lover often roost amongst Couch grasses or similar low Saltmarsh vegetation. Important habitats and flyway stop-overs for the Great (not are in Cairns, Moreton Bay, Eighty Mile Beach and Roebuck Bay (Marchant & Higgins 993). reater Sand Plovers are found on mudflat and sandbanks of sheltered bays and estuaries, Potential foraging habitat andy cays of coral reefs, reef platforms roost sites confined ,altmarsh and wetlands around Australia md to he southern parts of the (Morcombe 2004, Marchant & Higgins 1993). subject site. Former roost rh Greater Sand-plover diet consists o Greater Sand Charadrzus site identified by Holmes et nsects, crustaceans, molluscs 'lover eschenaultn l. now unsuitable due to worms. Prey is usually located visually and invasion by Phragmrtes, taken from the surface of the sand mud. or Mangroves and Saltmarsh Roost communally on exposed sandbars and species, eight-part test pits, rocky groins, ocean beaches and man prepared as a precaution. made islands. Roost sites are generally in closc proximity to preferred feeding grounds. Breec

Ref No BA040049 ASPECT MdBI Phctograpy MappIng - Photcgraninefry - Land Sum,ylng - CM Engkte.ilng - Structural Eng1nitng Town Planrdng - - En*onmental 54 L 4, DP437419 F F A

Pdssb1y. Unlikely Detected r Common Occurs at toccur Scientific Name Habitatt at Subject Reasoning, Name Su6ject at Stibject site - site in the northern hemisphere. Often roost amongst Couch grasses or similar by ;altfllarsh vegetation. Important habitats and flyway stop-overs for the Great Knot are in :aims, Moreton Bay, Eighty Mile Beach and Roebuck Bay (Marchant & Higgins 1993). Almost exclusively coastal, preferring sheltered environments and also at offshore islands or coral cays. A migratory specie found around much of the Australian coast Breeds the east and north east coast in on No suitable habitat present ;mall, scattered colonies in low dunes or on site. Uses nearby Little Tern Sterna albifrons sandy beaches just above high tide mark on near icimoni River estuary. N estuary mouths adjacent to coastal lakes andfurther or assessment required. slands. The nest is an inconspicuous unlined lepression in the sand (Higgins & Davie [996). Forages in shallow waters of estuaries, :oastal lagoons and lakes. Occasionally along he coastline. medium sized tropical tern found throughout the oceans and islands of the Topics (Higgins & Davies 1996). In Australia An off-shore and pelagic Sooty Tern Sterna fuscata it is mainly found on the islands associated with the Great Barrier Reef and isolated species. slands such as Lord Howe Island (Higgins 8 )avies 1996). Forages at sea where it takes

Ref No BA040049 ASPECT Aw4al Ptcgr y—Ptioingrane'iy - Lend Swveylng - CIvfl E gkeedng - S jtuiI Englneegtng Town PIanrng - Mapping - Enbironmental 55 L 4, DP43 7419 F F A

P jib Unlikely Detected.. Common SubjectOccurs at, to Occur Scientific Name Habitat at Reasoning Name Subject at Sub1ect site ite site ood from the surface of the water. Feeds aainly on small fish (Higgins & Davies 1996).

This species inhabits rainforests, monsoon forests, wet eucalypt forests, Me1aleuc woodlands, Camphor Laurel thickets, lantan thickets and regrowth scrub along creeks Habitat marginal, limited where there significant numbers of fruiting are ruitmg trees such native Rose-crowned trees ands shrubs (Morcombe 2004 and Rechei as Ptilznopus regina figs and other rainforestnut-dove 't al. 1995). Dependent fruits of native upon species. No further rainforest particularly figs and species, assessment required. Vlyrtaceae. Have become seasonally reliant upon Camphor Laurel berries. Nests are constructed in dense trees and shrubs. Clutch size is 1-2 eggs. In NSW this species inhabits extensive Sub No suitable rainforest or tropical and Dry Rainforests, wet Eucalypt other forest with native Superb Fruit- Ptilinopus forests, Melaleuca forests, Camphor Laurel fruits present on site. dove superbus thickets and regrowth scrub along creeks, Habitats highly fragmented. particularly where fruit is plentiful (NPWr Unlikely to use the site. No 2002, Morcombe 2004, Recher et al. 1995). further assessment required. In coastal NSW and Queensland this species One pair recorded as present appears to be sedentary and inhabits mainly in the grassland mosaic and Grass Owl Tyto capensis open -tussock grasslands, marshy areas with he Saltmarsh areas of the all dense tussocks or reeds such as Common southern and western parts eed (Phragmites australis) and tall dens f the subject site, eight-part

Ref No BA040049 ASPECT Aerial PhoograpIiy - Photogranmwhy - Land SwveyIn - Od Englneeitng - Sliuctural Engineering - Town Planrthig - Mapping - Envticnmental 56 L 4, DP437419 F F A

Posibly,-SIUnlikely Detected Common Occur at to Occur Scientific Name Habitat at Subject Reasoning Name Subject atSubject site i,. steHr rassIands dominated by Bladey Grass test prepared. (Imperata cylindrica) (Higgins 1999, Maciejewsk: 994). They are also associated with agricultural crops such as Sorghum, Oats an aRow paddocks used for hay or cut stubble (Higgins 1999). They are also commonly recorded from coastal heathiands or well -grassed and densely vegetated coastal dune (Maciejewski 1994, Fitzgerald & Thorstensei 1994, Higgins 1999). The Grass Owl is considered to be an opportunistic nocturnal rarticularlyrodents, ter and feeds on small mammals small birds and insect (Higgins 1999). Nests are usually constructed on the ground among dense clumps of tall grasses and sedges. The nests are often in swampy areas or heathlands (Higgins 1999) The nest site may also be surrounded by or nearly surrounded by water (Higgins 1999). medium sized frogmouth found in eastern Australia. The southern race confined to the deep, well vegetated gullies containing suitable habitat Marbledodargus No a present. significant number of palms, vines and dense No further assessment th 'Ce a us rogmou vine towers (Meggs 1993, NPWS 2002). equired. Usually in low elevation subtropical rainforest r when at higher elevations in wet sclerophyl

Ref No BA040049 ASPECT M,tel Piotcgriphy Ptiotograniiietry Land Surve)lng - - - Civil Engbeedng - Structural Engineefing - Town Planing - Mapping - Environmental 57 L 4, DP437419 F F A

PoTsib1y Unlikely Detected Common Occur. at)Subject'40:Occur Scientific Name Habitat at Subject Reasoning Name at bubjett-. site. sitesite forest with a well-developed rainforest inderstorey (NPWS 2002). In the Northern Rivers of NSW preferred habitat is usually characterised as having a permanently flowing watercourse (Meggs 1993).

Virtually confined to mangroves, sometimes in xtensive mangroves absent adjacent habitats including built up areas, such from subject site. Southern as street trees and golf courses adjoining Mangroves and riparian communities (Higgins 1999). In vegetation within proposed Collared Todiramphus mangrove NSW favours stands of Kingfisher chloris extensive mangroves environmental protection that includes a percentage of old age trees with areas. Not within normal iollows or termite nests. range of this species. No further assessment required.

The Mangrove Honeyeater is usually found in Habitat marginal. No .ichenostomusextensive, dense but visits nearby Mangrove mangroves extensive forests. Eucalypt and paperbark woodlands and mangrove -Ioneyeater asciogularis ight-part Test undertaken wardens (NPWS 2002). is a precaution. This species is found in eastern Australia from inland Victoria, the western slopes and plains, 'referred Eucalypt omatostoinus Grey-crowned temporallsisolated populations on the North Coast woodland habitats notBabbler Central Coast and the South Coast of NSW and )resent site. No further P S on rom Eastern Queensland. Occupy woodland assessment required. lominated by Eucalypts and shrub layer. Ref a N0BAO40049 ASPECT MiaI Photography Photcgmnunetsy - - Iand Surveying - Civil Engkiee,tng - Suctuml Englneedng - Town FlanrJng - Mapping - Environmental 58 L 4, DP437419 F F A

Pib11 Unlikely Detected Common Occurs ati to Occur Scientific Name Habitat at Subject Reasoning Name Subject t Subject site site site Intact ground cover of grasses and forb: required.

In NSW the Barred Cuckoo-shrike is fourn along the coast from the Qid border south to about Port Macquarie. Often in coastal Preferred rainforest• •amforest and scrubs, nearby eucalypts, vine 'ti including figs Barred ,aperbarks, plantations and tropical gardens. Coraczna lineata not present. No further Cuckoo-shrike They to prefer larger patches of appear assessment required. rainforest and other moist forests iincluding where the edges are covered in screens of Tines. They forage across the canopy of rainforest trees where they glean insects. Mammals Associated with eucalypt forest, the Koala Habitat not suitable. No feeds almost entirely on the foliage of a range eucalypt forest, woodland of species of this genus of trees. Forest Red present. Isolated Red Gums Gums, Tallowwoods, Swamp Mahogany and south of the 'has colarctos n western parts Koala Grey Gums are important (Martin• am v site and within proposed neIeUS -landasyde 1995). nvironmental protection areas. Unaffected by proposal. No further assessment required. Found along the Great Dividing Range and )asyurus Jo suitable habitat present Spotted-tailed adjacent eastern seaboard from Hervey Bay naculatus ii onsite. No further uoll ld to about Melbourne Victoria and also naculatus in issessment required. Tasmania. Found in a variety of vegetatioi Ref No BA040049 ASPECT north Aedal Photagraply— Photogiananetly - Land Sur.,ythg - Civil Engkieedng - Structural Englneedng - Town Plamdng - Mapping - Environmental 59 L 4, DP437419 F F A

Eossib1 Ulike1y Detected Common Our' at to Occur Scientificat Name Habitat Subject - Reasoning Name Sibj& atSubject site - site site types including coastal heathiands eucalypt forests and woodlands and rainforest (Strahar [995). They tend to move along drainage lines and make dens in fallen hollow logs, caves or among large rocky outcrops (NPWS 2002). amleep•ocks 'referred habitat is characterised as havinround litter such as numerous fallen logs and dense ground cover - usually clos:0 leaf litter limited. Some water, at the ecotone between we ;clerophyll forests and wetlands (Miller 1998 potential to occur in riparian Common Planigale Redhead 1995). They build a saucer-shaped vegetation within the south-'lanigale cllow 1 naculatast made of grass and bark fibres in crevices western parts of the site. logs, beneath bark or under rockseight-part test prepared as a (NPWS 2002). The Common Planigale precaution. primarily inhabits coastal lowlands although it has been recorded in modified environment such as gardens (State Forests of N S W 1995). Inhabits coastal subtropical rainforest or swamp forest (Menkhorst & Knight 2001 Mangrove Forests, Red JPWS 2002). Pollen and nectar of blossoms of sums and rainforest trees

Flying- eucalypts, paperbarks and turpentine could be used seasonal Mack trees an on a terapus alecto the preferred food (Hall 1995). They also feed basis. Outside the proposed on other flowers and fruit, including development area. Eight-introduced part test prepared as and commercial fruits. Individuals form large camps in the canopies of densprecaution. rees. Such camps are often near to rivers o:

Ref No BA040049 - ASPECT north Aedal PhotcgrapIy Photograninetry Itoplng - - Land Swveytng - CM Engtneedng - Structural Engtneettng - Town Planalng - - Envl,cnmental 60 L 4, DP437419 F F A

gibJ el3 Detected Common Occursat toOccur Scientific Name labitat at Subject Reasoning Name Subject at Sub ject site site estuaries. Occurs in subtropical and temperate rainforests, tall scierophyll forests and woodlands. They forage on nectar and pollen of native trees, in particular Eucalyptus, Observed overflying site. vlelaleuca and fruits of rainforest trees and Likely to utilise the Grey-headed Pteropus vines. They also forage in cultivated gardens vtelaleuca and Red Gum Flying-fox ioliocephalus and fruit crops. The Grey-headed Flying-fox forests when flowering roosts in large camps up to the tens of Eight-part test prepared as thousands, often in stands of riparian precaution. rainforest, Paperbark or Casuarina forest (NPWS 1999; Australasian Bat Society Inc. OOO). The Little Bentwing-bat is found along the coastal plain from Cape York to about Newcastle in NSW (Dwyer 1995a, Churchill 998). This species prefers moist eucalypt forest, rainforest and dense coastal scrubs Potential foraging habitat ncludmg Banksia thickets. It obligate Little Vlznuipterus is an VO resent the southern halfentwing-bat cave-dweller that congregates at large in iustrahs of the site. Eight-part test maternity colonies to breed. It will also roost ir carried out as a precaution nines, tunnels and tree-hollows. Disturbance to these maternity sites is the main conservation concern. This species is typically found in well-timbered habitats where they forage beneath the canopy for flying

Ref No BA040049 ASPECT Aedal Pho.hy - Photogiwumetly. Land Surveying - Civil Engineering - Sliuctural Engineering - Town Planotng - Mapping - Environmental 61 L 4, DP43 7419 F F A

PJCommon riUlike1y Detected4 'O :to Occur: Scientific Name labitat at Subject Reasoning Name Sat1Subject site invertebrates (Churchill 1998). This insectivorous species is widely distributed in northern and eastern Australia. In eastern Australia it is found from Cape York south into NSW and Victoria and the south eastern comer of South Australia. It is typically found • 'otential foraging habitat vilniopterus n well-timbered habitats, rainforest, Eastern )resent in the southern half chreibersu vet and dry scierophyll forest, open woodland entwing-bat of the site. Eight-part test and Melaleuca forest, where i t forages, at great carried out as a precaution. peed, above or within the tree-canopy (Churchill 1998). They roost in caves, old nines, stormwater channels and occasionally buildings (Dwyer 1995). They form large maternity colonies in caves and old in ines. Inhabits a variety of habitats including No rainforest occurs on the rainforests, dry sclerophyll woodlands and is site. Given the retention of often found among the vegetation along forested habitats within the watercourses (Lunney et al. 1995). Rainforest outhern half of the study astern Long-. to be the most critical habitat for ' and the setting aside of \Jyctophzlus bifaxif appears area Bat specieses i northern NSW. Roosts in tre this area for environmental hollows and the roofs of buildings, dead protection the likely impacts foliage of rainforest trees including fronds of on this species will be 3angalow Palms and under the bark of minimal. Eight-part test aperbarks (State Forests of NSW 1995). carried out as a precaution Large-footed This species distribution is primarily coastal foraging habitat, 4yotz .s adversus P Vlyotis and has been recorded from a wide variety 01 ricluding Mangroves,

Ref No BA040049 ASPECT north Maplng - Photograimieliy - MiIal Photogrhy - Land Staveythg - Civil Englneeflng - Sbuctural Englneeilng Town PlazWng - - Envhvnmontal 62 L 4, DP437419 F F A

P6Ib1 UnIike1y Detected Common Occurs at; to Occur Scientific Name Habitat at SubjectReasomng-site Name Subject at Subject site site habitats provided they are in close proximity )resent in the southern half to water. This species has been recorded from of the site. This is within the Mangroves, Melaleuca swamps, rainforest, proposed environmental pen woodland and wet and dry sclerophyll protection area and will forest (Churchill 1998). They utilises bodies of emain unaffected by the water where they forage individually or hunt development. Therefore together over the water. Colonies roost during impacts on this species will he day in caves, mines, tunnels, tree-hollows, be minimal, eight-part test disused bird nests, and under bridges and prepared as a precaution. buildings (NPWS 2002). The Greater Broad-nosed Bat is found on the oast and ranges from Queensland to southern NSW. In variety of habitats from a open No suitable woodland ,reater Broad- ccoteanax woodland through moist and dry eucalypt open habitats available. No nosed Bat rueppeffli forest to rainforest. They roost in tree-hollows. further assessment required. )pen treed habitats suits the direct flight of his species as it searches for beetles and other large flying insects. The Dugong is a marine species found in Topical and sub-tropical coastal waters. Jr Australian waters its normal range extends from Shark Bay in Western Australia, around suitable habitats Dugong Dugong dugon No marine he northern coast to Moreton Bay m Southern present on site. rcurthereensland (Heinsohn in Strahan 1995).casionally vagrant individuals are founc south in NSW.

Ref No BA040049 ASPECT Aedal Photography Photograninotry Surveying - - Land - Ovfl Englneedng - Structural Englneeilng - Town Planctng - Mapping - Environmental 63 L 4, DP437419 F F A

Pib1 jUfilikely Detected Common Ours at toOccur Scientific Name Habitat at Sub1 ect Reasoning Name Subject at Subject site site

Reptiles Occurs in coastal along the NSW north Leathery )ermochelys waters :oast, where there scattered nesting record: Turtle are marine species. :orzacea (]flWS 2002). Amphibians The Wallum Froglet is restricted to relatively No Wallum heath suitable well vegetated and undisturbed acid or acid site. )aperbark and sedge the swamps on Nallum swamps swamps m Habitats highly modified. Cnnza tinnula coastal Wallum country between southern rog1et Most waterbodies Queensland and the central coast of NS.A are brackish saline. No (Cogger 2000, Robinson 1998). It breeds in or further assessment required. acidic waterbodies with a pH of around 3.5. Largely an aquatic species that occurs in well structured vegetation in and around coastal wetlands, lagoons, lakes, dams, flooded quarries and includes brick pits. Preferred Outside of the current range substrate of suitable waterbodies is generally of this species. No suitable reen and ,and, rock and clay (Pyke et al 2002). Suitable wetlands available. Salinity Golden Bell Litoria aurea habitat usually has grassy areas nearby and of site expected to preclude Frog other vegetation is generally woodland or by resence of this species from in maximum height i.e. heathiand or sedges the site. No further (Pyke and White 1996). Found in coastal assessment required. astern and south eastern Australia north to about the Clarence River (Cogger 2000). This frog appears to restrict its breeding to water Ref No BA040049 ASPECT Aeital Photography - Photo,.,.e*iy - Land Suivaing - CIvU Engineeting - StnturaI Englneeitng -Town PIantng - Mapptng - En*oninental 64 L 4, DP437419 F F A

Pib1y Ulike1y Detected• Common Occurs at to,Occur Scientific Name Habitat at Subject Reasonmg Name SubjectatSubject, site•. - site site • bodies that are still, sunny and low in salinity (Pyke et al 2002). Suitable habitat generally has an abundance of shelter features such as rocks logs and tussock vegetation. This species is not generally found in sites that are completely or mostly shaded (Pyke et al 2002).

Ref No BA040049 ASPECT Aedat Photography Photograninet,y Land - - Swveylng - Clvii Englrieedng - Stiuctural Englneedng - Town Planting - Mapping - Environmental 65 Lot 4, DP437419 Flora and Fauna Assessment

5. Statutory Requirements

5.1 NSW Environmental Planning and Assessment Act 1979

State Environmental Planning Policy No. 44- Koala Habitat Protection

State Environmental Planning Policy No. 44 (SEPP 44) was gazetted in January 1995. It encourages the conservation and management of natural vegetation areas that provide habitat for Koalas to ensure permanent free-living populations will be maintained over their present range. The policy applies to 107 local government areas. 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.

Does the subject land occur in a Local Government Area identified in Schedule 1?

The site is located in the Ballina LGA, which is listed in Schedule 1. 0 Is the land to which the development application applies smaller than 1 hectare in area? The subject land is greater than 1 hectare in area.

Does the site contain areas of native vegetation where the trees of the types listed in Schedule 2 constitute at least 15 percent of the total number of trees in the upper or lower strata of the tree component?

The site does not contain areas of native vegetation where the trees of the types listed in Schedule 2 constitute at least 15 percent of the total number of trees in the upper or lower strata of the tree component.

Is the land potential Koala habitat?

The land is not considered to be potential Koala habitat as defined in the Planning Policy.

Is there core habitat on the subject land?

The land is not considered to be core Koala habitat as defined in the Planning Policy.

Ref No BA040049 Land AeitaI Photography - Photogmnuneliy - &av.ying —Civil Englneeilng - Sliuotur.I Engkeosfng - Town Planotng —Mapping - Envtronmantal 66 Lot 4, DP437419 Flora and Fauna Assessment

Is there a requirement for the preparation of a Plan of Management for identified core Koala habitat?

There is no core Koala habitat on the land therefore a Plan of Management specific to the area is not required.

Section 5A of the Environmental Planning and Assessment Act

Section 5A of the NSW Environmental Planning and Assessment Act 1979 (EP&A Act) lists the factors (eight-part test of significance) to be considered when determining whether a proposed development is likely to have a significant effect upon listed threatened species, populations or ecological communities, and their habitats, therefore determining if a Species Impact Statement is required.

An eight-part test of significance has been addressed below to assist Council in its determinations. It is not intended that the Section 5A assessment undertaken here will replace that required upon lodgement of a development application.

No threatened flora species listed as a threatened species under the TSC Act were found at the site during the site inspection of the 4th March 2005 and 10th July 2005. Two Endangered Ecological Communities were recorded as occurring on the site.

Two threatened fauna species (listed in Table 1) were found at the site during the survey of March 2005. These were the Grass Owl and the Grey-headed Flying-fox. In addition, a number of listed species identified in the search of the NPWS Atlas are considered to have potential to utilise the subject site. These species are as follows:

> Black Bittern (Ixobrychus flavicollis); > Australasian Bittern (Botaurus poiciloptilus); > Black-necked Stork (Ephippiorhynchus asiaticus); Brolga (Grus rubicundus); > Bush-hen (Amaurornis olivaceus); Mangrove Honeyeater (Lichenoston2us fasciogularis); > Common Planigale (Planigale maculata); > Little Bentwing-bat (Miniopterus australis); > Eastern Bentwing-bat (Miniopterus schreibersii oceanensis); Eastern Long-eared Bat (Nyctophilus bifax); Black Flying-fox (Pteropus alecto); and > Large-footed Myotis (Myotis adversus).

Despite the highly degraded state of the former migratory wader roost there is potential for the southern parts of the subject site to be utilised by a number of wading birds. Further, these southern parts are not within the area identified for

Ref No BA040049 Enviranmental Aedal Photography- Photogrammetry - Land Swvoylng - Civil Englneedng - Structural Englneeitng - Town Planning- Mapping - 67 Lot 4, DP437419 Flora and Fauna Assessment

S future development and therefore impacts are expected to be negligible. Adopting a precautionary approach an assessment has been undertaken of the waders mostly likely to occur on the subject site. These include the Black-tailed Godwit, Terek Sandpiper, Sanderling, Broad-billed Sandpiper, Great Knot, Lesser Sand Plover and Greater Sand Plover. Habitat and ecological similarities within this group allows for a single combined eight-part test.

An assessment of the above species and the two Endangered Ecological Communities with regard to the provisions of Section 5A of the EP&A Act follows.

It is reiterated that this eight-part test assessment will not replace that required upon lodgement of a development application for any future development.

Eight-part Test of Significance

(1) In the case of a threatened species, whether the life cycle of the species is likely to be disrupted such that a viable local population of the species is likely to be placed at risk of extinction.

Endangered Ecological Communities (TSC Act)

Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and I South East Corner Bioregions Habitat Swamp Oak Floodplain Forest is the name given to the description/ life ecological community associated with grey-black clay-loams cycle and sandy barns, where the groundwater is saline or sub-components saline, on waterlogged or periodically inundated flats, drainage lines, lake margins and estuarine fringes associated with coastal floodplains.

The structure of the community may vary from open forests to low woodlands, scrubs or reedlands with scattered trees. Typically these forest, woodlands, scrubs and reedlands form mosaics with other floodplain forest communities and treeless wetlands, and often they fringe treeless floodplain lagoons or wetlands with semi-permanent standing water. The composition is primarily determined by the frequency and duration of waterlogging and the level of salinity in the groundwater (NPWS 2004d).

Ref No BA040049 AetaI Pho4cgraphy— Phctogmninietly - Land Swv.ylng - Civil Enginewing - Stiuctural Engkleeitng - Town Ptantng - Mapclng - En*cnment.l 68 Lot 4, DF437419 Flora and Fauna Assessment

S communities on the coastal floodplains include: its' dominance by a tree canopy of either Casuarina glauca or, more rarely, Melaleuca ericzfolia with or without subordinate tree species; the relatively low abundance of Eucalyptus species; and the prominent groundcover of forbs and graminoids. It generally occupies low-lying parts of floodplains, alluvial flats, drainage lines, lake margins and fringes of estuaries; habitats where flooding is periodic and soils show some influence of saline groundwater. This latter habitat feature sets it apart from other floodplain communities (NPWS, 2004d). The NSW Scientific Committee's determination (NPWS, 2004d) provides a list of characteristic species of Swamp Oak Floodplain Forest.

Sensitivities Swamp Oak Floodplain Forest in the NSW North Coast, Sydney Basin and South East Corner Bioregions is at threat from the following: • Clearing and fragmentation of habitat from urban and industrial development including flood mitigation and drainage works, and land filling and earthworks; • Pollution from urban and agricultural runoff; • Weed invasion; .Overgrazing trampling and other soil disturbance by domestic livestock and feral animals including pigs; • Activation of 'acid sulphate soils' and rubbish dumping; • Localised frequent degradation by fire; • Alteration to natural flow regimes of rivers, streams, floodplains and wetlands; and • Invasion of native plant communities by exotic perennial grasses.

Likelihood of The site assessment found that pure stands of Swamp Oak local extinction incorporating areas co-dominated by Forest Red Gum and areas of regenerating Swamp Oak occur on the subject site. The vegetation therefore corresponds to the description which characterises the EEC.

The proposal does not involve the clearing of extensive areas of this ecological community. The proposed development is confined to the northern parts of the site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. A small area of regrowth Swamp Oak will be cleared adjacent to the main north-south drain to enable the construction of a road into the subject site. This is proposed for an area at the southern boundary of the proposed development

Ref No BA040049 AeiIal Phooapfly— Pho -Land &uveyln —CM EngJneedn - St,ucbjral Eigke.dng - Tom Ptani*ig —M.ppn - E,Mrc.mnta1 69 Lot 4, DP437419 Flora and Fauna Assessment

area (refer Figs. 3 and 4). This clearing will be at the southern edge of this community and involve the clearing of a small number of Swamp Oak, approximately 15 trees. The site is highly disturbed and an artefact of the drain construction. The majority of the Swamp Oak communities have been clearly identified and are conserved within the conceptual design layout. It is proposed to undertake restoration works within Swamp Oak Communities. Given the extensive area of swamp Oak forest within the proposed environmental protection area, the proposed restoration works and the limited number of trees to be removed the life cycle of this endangered community therefore would not be disrupted such that a viable local population could be placed at risk of extinction.

Coastal Saltmarsh in the NSW North Coast, Sydney Basin and South East Corner Bioregions

'Coastal Saltmarsh' is the name given to the ecological community occurring in the intertidal zone on the shores of Habitat estuaries and lagoons including when they are intermittently description/ life closed along the NSW coast. The community is frequently cycle found as a zone landward of mangrove stands (NPWS 2004b). components The NSW Scientific Committee's determination (NPWS 2004b) includes a list of plant species which are characteristic of coastal Saltmarsh.

Sensitivities Coastal Saltmarsh in the NSW North Coast, Sydney Basin and South East Corner Bioregions is at threat from the following: • Clearing and fragmentation of habitat from coastal development; • Invasion of the community by introduced weeds such as Lantana, Bitou Bush and exotic vines and climbers; • Degradation by fire; • Dumping of rubbish; • Damage caused by inappropriate use of four-wheel-drive vehicles; and • Dieback caused by exposure to salt-laden winds.

Likelihood of The site assessment found that Coastal Saltmarsh occurs on the local extinction subject site in the form of Chenopod Shrubland/Rushland. Dominat species are Salt Water Couch (Sporobolus virgincus), Seablite (Sueda australis), Samphire (Sarcocornia quinqueflora), and Maritime Rush (Juncus krausii) +/- Bare Twig Rush (Baumea juncea) and occasional emergent Grey Mangrove. The

Ref No Planning—Mapping. Environmental Aedal Pho ograply —Photogminmetsy - Land Surveying - CM Ennedng- Stiudumi Engineeling - Town 70 Lot 4, DP437419 Flora and Fauna Assessment

community was found to be widespread in low lying parts of the south east of the site intergrading with regenerating Mangrove shrublands and adjoining grasslands to the north and west. The vegetation therefore corresponds to the description which characterises the Endangered Ecological Community.

The proposal does not involve the clearing of this ecological community. The proposed development is confined to the northern parts of the site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. The Saltmarsh vegetation community has been clearly identified on the site and is conserved within the conceptual design layout. Potential impacts of the proposed development have been identified and amelioration measures described in Section 6.2 of this report. The life cycle of this endangered community therefore would will not be adversely impacted and will not be disrupted such that a viable local population could be placed at risk of extinction.

IThreatened Species (TSC Act)

Common name Scientific name Legal status (Black Bittern Ixobrvchus flavicollis Vulnerable

Habitat The Black Bittern is found across northern Australia and along description/ life the coastal plain of eastern Australia to north eastern Victoria. cycle It favours terrestrial wetlands and estuarine and littoral components habitats where they forage at the edge of the water. They are usually in permanent wetlands fringed by dense vegetation (Marchant & Higgins 1990). They have been recorded from rank grasslands, shrublands, rainforest and dry and wet sclerophyll forest (Marchant and Higgins 1990). Fringing Mangrove along estuaries is also considered to be important breeding habitat (Marchant and Higgins 1990). Feeds on fish, mollusc, freshwater crayfish and insects. Mostly crepuscular and nocturnal (Marchant and Higgins 1990). They breed in densely vegetated wetlands in secluded places. Nests are solitary. In NSW breeding has been recorded between September and March. The nest is usually on a horizontal branch in leafy tree over-hanging water. Three to five eggs are laid (Marchant and Higgins 1990).

Sensitivities The Black Bittern is at threat from the following:

Ref No E,nJne$ii.g Town $unnlng —Maplng En*onmentil AwW $niy - Phologr.wmetzy - Land Susv.ylng - CM Englni4Mg - $tpjthjr.J - 71 Lot 4, DP437419 Flora and Fauna Assessment o

• Loss of habitat from clearing or grazing; • Reduced water quality from siltation and pollution; • Predation by foxes and feral cats; and • Disturbance of nesting birds by watercraft (NPWS 2002).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The extensive wetlands of the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. Surveys conducted as part of this study and by Warren (1998) did not record this species. Potential habitat, such as the Mangrove forest and riparian vegetation along the Richmond River and Emigrant Creek, will not be affected by the proposal. Suitable wetland habitats are largely absent from the proposed development area and restricted to the main north-south drain and around the small dam in the north-eastern corner of the site. Given the extensive areas of Mangroves, Saltmarsh wetlands and littoral habitats that are proposed for habitat protection it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) Australasian Bittern Botaurus voiciloptilus Vulnerable

This species is widespread throughout south-eastern Australia. It is not found in the far north-west corner of NSW. In NSW it is widespread with most records from the Murray -Darling Basin (Marchant and Higgins 1990). There are irregular sightings from the far north Coast of NSW. This species is probably sedentary. It may move to the coast during inland Habitat droughts (Marchant and Higgins 1990). The Australian Bittern description/ life has a fairly narrow habitat range (Garnett & Crowley 2000) and cycle requires permanent freshwater wetlands with tall dense components vegetation such a Phragmites spp. and Bulirushes (Typha sp.). They mainly forage at night when they feed on frogs, small fish, yabbies and other wetland invertebrates (Marchant and Higgins 1990, NPWS 2002). They breed in pairs and solitary. They are territorial. The nest is generally in a stand of Typha sp., Phragmites spp. or other dense tall vegetation in swamps. The nest is usually over water. The clutch size is thought to be 4-5

Ref No BA040049 Aedal Photography - Photogrammetry - Land Suv.yIng— Civil Engln.e,lng - Stuctural Englneeitng - Town Ptaning - Maplng - Environmental 72 Lot 4, DP437419 Flora and Fauna Assessment

(Marchant and Higgins 1990).

Sensitivities • Drainage of wetlands; • Reduced water quality from saltation and pollution; • Predation by feral cats; • Use of herbicides, insecticides and other chemical near wetlands; • Grazing and associated frequent burning of wetland areas (NPWS 2002).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The extensive wetlands of the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. Suitable freshwater wetland habitats and dense riparian vegetation within the development site offer limited opportunities for this species. These habitats are restricted to around the small dam Thisthe eastern quarter of the site and along Emigrant Creek. This species does not appear to use this site on a permanent it basis. Given the extensive areas of Saltmarsh, wetlands and littoral habitats that are proposed for habitat protection it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) I Black-necked Stork Ephippiorhi,'nchus asiaticus Vulnerable

Habitat The Black-necked Stork is found across northern Australia. In description! life NSW it is confined to the coastal plain north of Nowra and the cycle upper North western Slopes and Plains (Marchant and components Higgins 1990). It inhabits terrestrial wetlands including swamps, large permanent pools, lagoons and Mangrove swamps (Marchant and Higgins 1990). The Stork is also found in estuaries and flooded meadows, spring seepages, on dry plains and occasionally in open grassy woodlands. It breeds in or near freshwater swamps and most nests are found in secluded places as high as possible in the fork of a live or dead tree although nests are occasionally found on low shrubs or trees (Marchant and Higgins 1990, Ayers 1995, D. Charley pers

Ref No BA040049 Aedal Photogiapily— Photogrammehy - Land &av.ylng - CtvU Englneedng - Struotural Engtoeeilna - Toam Panalng - Mapping - Environmental 73 Lot 4, DP437419 Flora and Fauna Assessment

obs). Considered to be less common in Saltmarsh flats, intertidal waters and estuarine mudflats (Marchant and Higgins 1990). In NSW nesting is reported to occur between August and November. Clutch size is reported to be 2-5. Feeds on fish, crustaceans, some insects and snakes. Eels are often taken. Forage by walking through shallow water and submerged vegetation.

Sensitivities The Black-necked Stork is at threat from the following: • Drainage and filling of wetlands; • Degradation of habitat through pollution; • Changing water-flow into and from wetlands; • Use of herbicides, insecticides and other chemicals near wetlands; • Loss of suitable nest trees through clearing around wetlands and estuaries; • Collision with powerlines near nest sites and wetlands; and • Disturbance to breeding and feeding sites through grazing and trampling by domestic stock (NPWS 2002).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by tall S and dense Common Reed, numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The extensive Saltmarsh wetlands of the southern half of the subject site are proposed for environmental protection and will remain unaffected by the proposal. Suitable freshwater wetland habitats within the development site are small and offer limited opportunities for this species. This species does not use this site on a permanent basis. Given the extensive areas proposed for environmental protection, the limited extent of freshwater waterbodies and the infrequent use of the site by this species it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) I Brolga Grus rubicundus Vulnerable

Habitat The Brolga is widely distributed across northern Australia, description/ life throughout Qid, central western Victoria and northern NSW cycle (Marchant & Higgins 1993). In NSW records are scattered

Ref No BA040049 Aidal Phctc.phy— Pflctogsammetsy - Land Susv.yln —CIvU Englneedng - Structural Engkia.dng - T Ptanctng - Mapping - Environmental 74 Lot 4, DP437419 Flora and Fauna Assessment

components across their range. Brolgas inhabit shallow swamps and swamp margins, floodplains, grasslands and pastoral lands. In north eastern NSW they are often found in coastal heaths, sedgelands, pastures and freshwater wetlands. The Brolga is partly migratory with regular movement between breeding and non-breeding sites (Marchant & Higgins 1993). Such sites appear to be traditional. Movements partly determined by rainfall. They are usually in pairs or small parties. Feed on grain, corms of wetland plants, insect, feshwater molluscs, crustaceans, frogs, small mammals, reptiles and 11 parts of dry and wet land plants. They plunge their heads under water to dig for roots and corms of swamp vegetation. The nest is solitary and usually made of grasses and plant stems on small island in shallow swamps or standing in water. Occasionally on plains some distance from water (Marchant & Higgins 1993, NPWS 2002). Breeding occurs between May and March with most occurring between July and October (Marchant & Higgins 1993). One to two eggs are usually laid.

Sensitivities The Brolga is at threat from the following: • Drainage of swamps and other wetlands; • Reduced water quality from siltation and pollution; • Destruction of nests by grazing stock and associated frequent burning of wetlands; • Predation at nest sites by feral animals and domestic dogs; • Changing water-flow into and from wetlands; and • Collision with powerlines near nest sites and wetlands (NPWS 2002).

The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The extensive saltmarsh wetlands of the southern half of the site are proposed for Likelihood of environmental protection and will remain unaffected by the local extinction proposal. The dense grassland mosaic of the proposed development area is of limited value to this species. This species may occasionally forage across the site however this is on an irregular basis and for short durations only. Given the infrequent use of the site by this species and the extensive area proposed for environmental protection it is unlikely that the life cycle of this species would be disrupted such that a viable

I Ref No Aedal Photography pfrMgIawJnOtTy - Land Swveylng - CM] Engln.e,kig - Stiuumi Engkieeifng - Town Planidng - Mepphng - En*onmental 75 Lot 4, DP437419 Flora and Fauna Assessment 61

local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) I Bush-hen Amaurornis olivacea Vulnerable

Habitat Occurs in densely overgrown margins of swamps, permanent description/ life terrestrial freshwater wetlands, permanent water bodies, cycle streams and thick undergrowth, especially tall dense grasses or components dense thickets of lantana or other shrubs (Marchant & Higgins 1993). In NSW this species is found only on in the north coast (Marchant & Higgins 1993). Recent reports suggest that the range of this species is expanding south (Morris 2004). The Bush-hen is possibly nomadic although in northern NSW it has been reported at all times of the year. Food is comprised mainly of seeds, plant material, insects and frogs (Marchant & Higgins 1993). They feed alone and on the ground. Breeding occurs between October and March with the nest constructed in dense grasses and waterside vegetation. It is usually in the centre of a grass tussock, or on low branches of Lantana or other low growing shrubs (Marchant & Higgins 1993). Clutch size is usually 4-7. The nest is a bowl or cup constructed of grass and twigs.

Sensitivities The Bush-hen is at threat from the following: • Clearing, filling and draining of wetlands for agricultural, residential and industrial development; • Pollution of wetlands from agriculture, urban and industrial run-off; • Changes to wetlands caused by invasion of weeds, often associated with sedimentation or grazing; • Predation by feral and domestic predators, particularly foxes and cats; • Use of herbicides and pesticides in agriculture and residential areas (NPWS 2002); and • Clearing, alteration of habitats as part of weed control and Landcare activities.

Ref No BA040049 AoiIaI PhctograpIy - Phctcgmmmey - La4 5u,yIjtg. cM - Town Pt.ning - Mapp - Ewtrcnmental 76 Lot 4, DP437419 Flora and Fauna Assessment

16, proposal. The proposed development site contains potential habitat however extensive dense grassland mosaics similar to that which is contained within the proposed development site are also found to the north and west of the subject site. The proposed development area does not contain significant freshwater wetlands. Given the absence of freshwater wetlands within the proposed development area, the extensive area proposed for environmental protection and limited area of suitable nest sites within the development area it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) I Grass Owl Tto capensis Vulnerable

Habitat The Grass Owl is medium sized owl. In coastal NSW and description! life Queensland this species appears to be sedentary although cycle numbers may fluctuate (Schodde & Mason 1980). The Grass components Owl inhabits mainly open -tussock grasslands, marshy areas with tall dense tussocks or reeds such as Common Reed (Phragmites australis) and tall dense grasslands dominated by Bladey Grass (Imperata cylindrica) (Higgins 1999, Maciejewski 1994). They are also associated with agricultural crops such as Sorghum, Oats and fallow paddocks used for hay or cut stubble (Higgins 1999). They are also commonly recorded from coastal heathiands or well-grassed and densely vegetated coastal dunes (Maciejewski 1994, Fitzgerald & Thorstensen 1994, Higgins 1999). The Grass Owl is considered to be an opportunistic nocturnal hunter and feeds on small mammals, particularly rodents, small birds and insects (Higgins 1999). Nests are usually constructed on the ground among dense clumps of tall grasses and sedges. The nests are often in swampy areas or heathiands (Higgins 1999). The nest is either a shallow unlined depression on the ground or can also be a flimsy platform of trampled stems. The platform is lined or constructed from the trampled stems of grasses and other plants. The nest site may also be surrounded by or nearly surrounded by water (Higgins 1999). They breed any time of year. A single pair has been recorded at the subject site. These birds have been recorded from the southern and western parts of the subject site. Grass Owls have used the site for a number of years (Maciejewski 1994).

Sensitivities The Grass Owl is at threat from the following:

Ref No BA040049 Aidal Photography—PhoWgiamineby - Land Siaveylng - Civil Englneedng - Stiuduial Engieedng -Town Plandng—Maplng - Environmental 77 Lot 4, DP437419 Flora and Fauna Assessment

• Loss of suitable habitat from grazing, agriculture and development; • Use of pesticides to control rodent populations thereby reducing food sources for owls and potentially poisoning owls; and • Frequent burning, which reduces ground cover (NPWS 2002).

Likelihood of A single pair has been recorded at the subject site. The local extinction proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The proposed development site contains potential habitat however extensive dense grasslands and cropping lands similar to that which is contained within the proposed development site are also found immediately to the north and west of the subject site. Further, the extensive Saltmarsh wetlands and significant areas of grassland within the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. Observation of the site over the past 10 years or more has shown that shrubs and trees, particularly Swamp Oaks and Groundsel Bush, are invading the grasslands. If unchecked the subject site will not, in the long-term, support habitat for the Grass Owl. It is therefore proposed that development of the site be staged with Stage 2 (refer Fig. 4) being subject to the implementation and success of a Grass Owl habitat management program. This program will be incorporated into an overall Environmental Management Plan for the subject site (further described in Section 6.3). This Grass Owl habitat management program will be developed in co-operation with the DEC, who have given in-principle support to the proposal, and will incorporate regular monitoring of the Grass Owl population, selective slashing or mowing of the management area in a mosaic pattern to maintain and enhance Grass Owl habitat, selective shrub removal and weed control. Therefore, given the extensive area proposed for environmental protection, the existence of extensive areas of suitable habitat immediately to the north of the subject site and the proposed habitat management measures it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Ref No BA040049 Sivslng MappIng Esivhonn,antal Mitai PtIOtCQffipIy - PhobOz.nunetly - Land - CMI Englnee.tig - Stndural Enghieedng - Town Plwvdng - - 78 Lot 4, DP437419 Flora and Fauna Assessment

Common name Scientific name Legal status (TSC Act) I Mangrove Honeveater Lichenostomus fascio2ularis Vulnerable

Habitat The Mangrove Honeyeater is found along the east coast of description! life Australia from about Townsville to about Kempsey in NSW. cycle Resident populations occur on the Tweed, Richmond, Clarence components and Macleay River Estuaries. Vagrant birds have been recorded elsewhere. The Mangrove Honeyeater is a medium sized honeyeater that is confined to Mangrove and adjoining swamp forests. It feeds on nectar and insects found in these forests. Populations in the Richmond and Tweed River Estuaries are generally found in extensive and dense Mangrove forests (D. Charley unpublished data 2005). The only resident population in the Richmond River estuary occurs in the middle reaches of North Creek (D. Charley unpublished data 2005). In NSW this species is generally found in small loose colonies and actively defend a territory from other passerines (D. Charley unpublished data 2005). They construct a small cup nest. Breeding occurs between August and December and two eggs are laid (Morcombe 2004).

Sensitivities The Mangrove Honeyeater is at threat from the following: • Clearing of old mangrove forests and adjoining stands of swamp forest and vegetation containing nectar-producing trees and shrubs; • Pollution of estuarine areas; and • Use of herbicides and pesticides for agriculture and tourist and residential areas (NPWS 2002).

The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The extensive Saltmarsh wetlands, Mangroves and littoral habitats of the southern half of the site proposed for environmental protection and will Likelihood of are remainunaffected by the proposal. No extensive tracts of local extinction Mangroves or adjoining stands of swamp forest / nectar producing trees and shrubs are to be cleared as part of this proposal. Given that the southern half of the site is to be set aside as for environmental protection purposes and the small area of Mangroves along the eastern drain that are to be affected by the proposal is fragmented and linear in shape would suggest minimal if any impact on this species. A

Ref No BA040049 Engineering Mapping Environmental Aevial Photography- Photogrammeby - Land Surveying - civil Englneedng - Sbudural - Town Planotng - - 79 Lot 4, DP437419 Flora and Fauna Assessment 0 resident population does not occur on site. It is therefore unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name/ Scientific name! Legal status (1SC Act) Black-tailed Godwit (Limosa limosa - Vulnerable), Terek Sandpiper (Xenus cinereus - Vulnerable), Sanderling (Calidris alba - Vulnerable), Broad-billed Sandpiper (Limicolafalcinellus - Vulnerable), Great Knot (Calidris tenuirostris - Vulnerable), Lesser Sand-plover (Charadrius mongolus - Vulnerable) and Greater Sand-plover (Charadrius leschenaultii - Vulnerable).

Habitat These migratory shorebirds are found around coastal description! life Australia. cycle • The Black-tailed Godwit is more common in northern components Australia and is rare south of the NSW Central Coast. This species is rarely observed on the Richmond River estuary and is most common at the Hunter river estuary. • The Terek Sandpiper is a rare migrant to eastern and southern Australia. It is most common on the Hunter Sand the Richmond River estuary. • The Sanderling is usually solitary and is found around the coast of Australia. • The Broad-billed Sandpiper is most common on the northern and eastern coastline of Australia. They are usually found on mudflats adjacent to mangroves. There are records from inland Australia. • The Great Knot is most common in northern Australia. This species occurs sporadically on the Richmond River estuary and adjacent ocean beaches. • The Lesser Sand-plover to coastal Australia where it is most common in the north. In NSW they are less common south of the Hunter River. A gregarious species. • The Greater Sand-plover is more common in the west and north and less common on the east and south coast of Australia. All species tend to prefer estuarine habitats although all have been recorded on ocean beaches, Mangrove mud flats, and exposed reefs and sporadically at inland lakes and wetlands. They forage on a wide range of substrates including, sand flats, mud flats, beaches, flooded paddocks, particularly where there is exposed mud and drying lakes and lagoon.

Ref No AeitaI Photcojapy—Phctogmnvnetry - Land Suiveykg - CM Englneedng - Sbuctur.I Engieeithg - Town Rwvilng—Mapping - En*onmental 80 Lot 4, DP437419 Flora and Fauna Assessment I • The Black-tailed Godwit diet includes a range of prey including crustaceans, mollusks and polychaete worms. • The Terek Sandpiper forages on crustaceans, worms, crabs and small shellfish. • The Sanderling forages on insects, insect larvae, small invertebrates and other small invertebrates that they capture behind receding waves. • Broad-billed Sandpiper is an active forager. It probes mud for insects, small crustaceans, worms and molluscs. Will also wade into water to forage for food. • The Great Knot preferred food is molluscs which it probes for in the substate. • The Lesser Sand-plover diet consists of insects, crustaceans, molluscs and marine worms. Prey is usually taken from the surface of the sand or mud. • The Greater Sand-plover diet consists of insects, crustaceans, molluscs and marine worms. Prey is usually located visually and taken from the surface of the sand or mud. Migratory shorebirds roost communally on exposed sandbars and spits, rocky groins, ocean beaches and man-made islands. Roost flocks are often comprised of a number of species. Roost sites are generally in close proximity to preferred feeding grounds. Each of the migratory waders listed here breed in the northern hemisphere. None nest or breed in Australia.

Sensitivities These migratory shorebirds are at threat from the following: • Disturbance at feeding grounds and roost sites; • Pollution of estuaries and coastal areas; • Destruction of roost sites and feeding ground through development; • Invasion of roost sites and feeding grounds by Mangroves, Phragmites and shrubs; • Changed waterfiows into wetlands; • Degradation of habitat through increased saltation and/or erosion; • Draining and filling of wetlands; • Loss of habitat through development; and • Predation by foxes and dogs;

Ref No BA040049 Aedal Photograpliy—Photcgxammetty - Land Swveytng - CtvU Englneeilng - Stiudural Englneedng -Town Panalng—Maplng - Environmental 81 Lot 4, DP437419 Flora and Fauna Assessment I including sugarcane cropping. The Mangroves, mud flats and Saltmarsh wetlands of the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. The roost site identified by Holmes (1998) is no-longer used by these species due to invading Common Reed, Mangroves, Couch grasses and other dense ground cover. The mud flats at this former site have almost entirely revegetated. It is proposed to investigate the appropriateness of re-creating a wader roost over part of the former roost site. Migratory wader habitat is now confined to the mud flats and adjacent Mangrove communities and the littoral edge fringing the Richmond River and Emigrant Creek at the southern boundary of the subject site. Given that these areas are within the proposed environmental protection area and the proposed development area is unsuitable for these species it is unlikely that the life cycle of these species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) Common Planigale Plani2ale maculata Vulnerable

Habitat The Common Planigale is found from Arnhem Land in the description! life Northern Territory, across northern coastal Queensland and cycle south to coastal north-eastern NSW. The species reaches its components southern distribution limit on the NSW lower north coast. The Common Planigale is a small carnivorous marsupial averaging 70 to 100mm. Preferred habitat is characterised as having ground litter such as numerous fallen logs and rocks and dense ground cover - usually close to water and often at the ecotone between wet scierophyll forests and wetlands (Miller 1998, Redhead 1995). They build a saucer-shaped nest made of grass and bark fibres in crevices, hollow logs, beneath bark or under rocks (NPWS 2002). The Common Planigale primarily inhabits coastal lowlands although it has been recorded in modified environments such as gardens (State Forests of New South Wales 1995). The Common Planigale feeds on a variety of insects and other invertebrates. Dispersal patterns in this species are unknown.

Sensitivities The Common Planigale is at threat from the following: • Predation by foxes, cats and Cane Toads; • Loss and fragmentation of habitat through clearing for agriculture and development in coastal areas;

Ref No BA040049 Aedal Phctcgraply - Photcgmmmeliy - Land &irvoylng - CMI Engln.edng - Stiuctumi Englneeslng - T~ Ptwvdng - Maplng - Envtrcnmental 82 Lot 4, DP437419 Flora and Fauna Assessment I • Frequent burning and grazing that reduces ground cover, such as hollow logs and bark; and • Disturbance of vegetation surrounding water bodies (NPWS 2002).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. There are few if any logs and other ground litter and no rock-outcrops within the area proposed for development. The Mangroves, Melaleuca and Swamp Oak forests and Saltmarsh wetlands of the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. Given the extensive area proposed for environmental protection, including the Melaleuca forests, Swamp Oak forests and other riparian vegetation and the absence of suitable nesting and shelter sites within the area proposed for development it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) I Black Flying-Fox Pteropus alecto Vulnerable

Habitat The Black Flying-fox is distributed across coastal northern description! life Australia. Camps may be found in Mangroves, paperbark cycle swamps or occasionally in patches of rainforest. They forage components for blossoms of Eucalypts, Paperbarks and Turpentine and are known to travel up to 50km to feed on such trees (Hall 1995). The mating season lasts from March to April, females generally give birth to a single young in October. The young is carried by the mother for the first month and thereafter is left in the camp. Young leave the camp when three months old (Hall 1995).

Sensitivities The Black Flying-fox is at threat from the following: • Clearing and fragmentation of rainforest and swamp forest remnants used for roost sites, mostly as the result of urban development; • Loss of forest areas used for feeding, particularly winter feeding areas, through agriculture, intensive forestry and urban development; • Deliberate destruction and disturbance of flying-foxes including shooting of individuals and harassment and

Ref No BA040049 AdaI Photography - Phctorsminetiy - Land Swv.ylng— CMI Englneedng - Sbudwii Englneeilng - Town Ptwudng - Map,Ing - Envlroivnsntal 83 Lot 4, DP437419 Flora and Fauna Assessment I attempted re-location of camps near urban areas; • Conversion of old-growth forests, woodlands and shrublands to young, even-aged stands as a result of intensive forestry and too frequent burning; • Invasion of habitat by introduced weeds (NPWS 2002); • Unregulated shooting by local orchard owners as a means of controlling crop loss; and • Electrocution on powerlines due to their large size (Hall 1995).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The Mangroves, Melaleuca forests and other forest communities of the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. There are no suitable roost sites or significant stands of nectar producing trees within the area proposed for development. The development will not result in • a large scale removal of potential food trees. It is likely that the site is used on a seasonal basis. Therefore, it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) I Grey-headed Flying-fox Pteropus poliocephalus Vulnerable

Habitat The Grey-headed Flying-fox is distributed along the east coast description/ life of Australia from Central Queensland to Western Vistoria. It cycle appears to be expanding its range south. Occurs in subtropical components and temperate rainforests, tall sclerophyll forests and woodlands. They forage on nectar and pollen of native trees, in particular Eucalyptus and Melaleuca spp. and also on the fruits of rainforest trees and vines. They also forage in cultivated gardens and fruit crops. The Grey-headed Flying-fox aggregate in large camps up to tens of thousands, often in stands of riparian rainforest, paperbark or casuarina forest (NPWS 2002; Australasian Bat Society Inc. 2000). They are capable of foraging long distances from these camps. Small groups disperse long distances during winter. The single young is born in spring, with young being carried on the ventral surface of their mother for four to five weeks. They are then left in the

Ref No 8A040049 AedaI Pfotcmpiy —Photogrammetsy - Land Surveytog —CMI Englneeitng - Stiuctumi Engbe.stng - Town PIanrig —MappIng - Envtmivnental 84 Lot 4, DP437419 Flora and Fauna Assessment

camps at night and suckled when the mother returns (Tideman 1995).

Sensitivities The Grey-headed Flying -fox is at threat from the following: • Clearing and fragmentation of rainforest and other vegetation remnants used for roosting sites, mainly through agriculture and urban development; • Loss or modification of forest areas used for feeding, particularly winter feeding areas, through agricultural development, intensive forestry and urban development; • Deliberate destruction and disturbance of flying-foxes, including shooting of individuals and attempted re-location of camps near urban areas; • Invasion of habitat by introduced weeds; • Conversion of old-growth forests, woodlands and shrublands to young, even-aged stands as a result of intensive forestry and too-frequent burning (NPWS 2002); • Electrocution on power lines; and • Competition for diminishing resources with other Flying-foxes (NPWS 1999 & Australasian Bat Society Inc 2000).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The Mangroves, Melaleuca forests and other forest communities of the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. As for the Black Flying-fox there are no suitable roost sites or significant stands of nectar producing trees within the area proposed for development. The development will not result in a large scale removal of potential foraging resources such as Melaleuca or Red Gums. It is likely that the site is used on a seasonal basis. There is no evidence that the development site is an important feeding area for this species. Therefore, it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Ref No BA040049 Milal Phctcgrapiy— ptgy - La4 Swvythg -cMI Englneeihig - SualutaI EngIneeIng Tom Panrng —M.k,g - Ekcnmental 85 Lot 4, DP437419 Flora and Fauna Assessment I Common name Scientific name Legal status (TSC Act) I Litle Bentwing-bat Miniopterus australis Vulnerable

Habitat The Little Bentwing-bat is found along the coastal plain from description! life Cape York to about Newcastle in NSW (Churchill 1998). This cycle species prefers moist eucalypt forest, rainforest and dense components coastal scrubs including Banksia thickets. It is an obligate cave-dweller that congregates at large maternity colonies to breed. It will also roost in mines, tunnels and tree-hollows. Disturbance to these maternity sites is the main conservation concern and the reason for its listing as vulnerable. This species is typically found in well-timbered habitats where they forage beneath the canopy for flying invertebrates (Churchill 1998).

Sensitivities The Little l3entwing-bat is at threat from the following: • Disturbance of colonies, especially in nursery or hibernating caves; • Destruction of caves that provided roosting sites or potential roosting sites; • Changes to habitat, especially surrounding maternity caves; and • Use of Pesticides (NPWS 2002).

Common name Scientific name Legal status (TSC Act) I Eastern Bentwing-bat Miniopterus schreibersii Vulnerable

Habitat This insectivorous species is widely distributed in northern and description/ life eastern Australia. In eastern Australia it is found from Cape cycle York south into NSW and Victoria and to the south eastern components corner of South Australia. It is typically found in well-timbered habitats, including rainforest, wet and dry sclerophyll forest,

Ref No BA040049 Mping Envlmnmental Aidal Photcgr.pIy -P otograwmetry - Land Swveylfl - Civil EngIndg Strudwal Engkieedng - Ton Planalng - - 86 Lot 4, DP437419 Flora and Fauna Assessment

open woodland and Melaleuca forest, where it forages, at great speed, above or within the tree-canopy (Churchill 1998). Diet consists mostly of moths. They can travel great distances to forage. They roost in caves, old mines, stormwater channels and occasionally buildings (Dwyer 1995). They form large maternity colonies. Disturbance to these roost and maternity sites is the key conservation concern.

Sensitivities The Eastern Bentwing-bat is at threat from the following: • Disturbance of colonies, especially in nursery or hibernating caves; • Destruction or modification of caves that are seasonal or potential roosting sites; • Rehabilitation of derelict mines; • Changes to forest habitat, especially surrounding maternity caves; and • Insecticide use (NPWS 2002).

Common name Scientific name Legal status (TSC Act) Eastern Long-eared Bat Nctophilus Wax Vulnerable

Habitat Distributed from Cape York through eastern Queensland to the description/ life far north-east corner of NSW. In NSW they appear to be cycle confined to the coastal plain to about the Clarence River. components Inhabits a variety of habitats including rainforests, dry sclerophyll woodlands and is often found among the vegetation along watercourses (Lunney et al. 1995). Rainforest appears to be the most critical habitat for this species in northern NSW. Roosts in tree hollows and the roofs of buildings, dead foliage of rainforest trees including fronds of

Ref No BA040049 Aeitai Phacgraphy - Phctogr.mmeby - Land &aveylng - CM EnQJneedng - SrucawI EngInoestn - Tom Pfanrng - Mapne - Environmental 87 Lot 4, DP437419 Flora and Fauna Assessment

Bangalow Palms and under the bark of paperbarks (State Forests of NSW 1995).

Sensitivities The Eastern Long-eared Bat is at threat from the following: • Clearing, fragmentation and isolation of lowland subtropical rainforest, wet and swamp eucalypt forest and coastal scrub, particularly forest and scrub close to the coast, for agricultural, residential and other development; • Loss of hollow-bearing trees and stands of palms and rainforest trees used for roosting and maternity sites; • Invasion of habitat by weeds, particularly by Bitou Bush on the coast; and • Use of Pesticides (NPWS 2002).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping and as a result there are few trees or shrubs and no rainforest within this area. The extensive • Mangroves, Melaleuca and Swamp Oak forests and Saltmarsh wetlands of the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. There are no suitable roost sites (hollow-bearing trees) within the development site. Given the extensive area proposed for environmental protection and the limited area of forest within the proposed development area it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Common name Scientific name Legal status (TSC Act) I Large-footed Myotis Mijotis adversus Vulnerable

Habitat The Large-footed Myotis is found in the coastal band from the description/ life north-west of Australia, across the top-end and south to cycle western Victoria. This specie's distribution is primarily coastal components and has been recorded from a wide variety of habitats provided there are in close proximity to water. This species has been recorded from Mangroves, Melaleuca swamps, rainforest, open woodland and wet and dry scierophyll forest (Churchill 1998). They utilises bodies of water where they forage individually or hunt together over the water. Prey includes moths, beetles, crickets and water insects such as water-Ref

No BA040049 MdaI Ptiocgmphy —Phctcgmuvnetry - Land Swveylng— CM Englneeslng -Sbuctuml EnaIneolIng - Toan Ptanrilng —Mapclng - Envlrcnmeotal 88 Lot 4, DP437419 Flora and Fauna Assessment

boatmen and mayfly (Churchill 1998). Colonies roost during the day in caves, mines, tunnels, tree-hollows, disused bird nests, and under bridges and buildings (NPWS 2002).

Sensitivities The Large-footed Myotis is at threat from the following: • Disturbance of cave roosts by recreational caving and tourism; • Destruction of caves that provided potential roosting sites; • Removal of old bridges used as roosting sites; • Changes to habitat; • Pollution of waterways; and • Use of Pesticides (NPWS 2002).

Likelihood of The proposed development is confined to the northern parts of local extinction the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area has been highly modified by previous land use practises including sugarcane cropping. The extensive Mangroves, Melaleuca forest and riparian vegetation and Saltmarsh wetlands of half of the proposed for • the southern site are environmental protection and will remain unaffected by the proposal. There are few if any suitable roost sites within the subject site. Given the extensive area proposed for environmental protection, including the most extensive Mangrove and wetland communities on the subject site, and the limited area of suitable wetlands or waterbodies within the proposed development area it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

(2) In the case of an endangered population, whether the life cycle of the species that constitutes the endangered population is likely to be disrupted such that the viability of the population is likely to be significantly compromised.

There are no endangered populations, as defined In Part 2 of Schedule 1 of the Threatened Species Conservation Act 1995, at the subject site and therefore the life cycle of a species that constitutes such a population will not be disrupted.

(3) In relation to the regional distribution of the habitat of a threatened species, population or ecological community, whether a significant area of known habitat is to be modified or removed.

Ref No BA040049 Mapping. Eiedjvnw.ental Aedal PhatcgrapIy- Photogrammefly - Land &irveytng- CIvU Englneedng - $truumJ Engineedng - Town Ptar4ng - 89 Lot 4, DP437419 Flora and Fauna Assessment

The site provides potential habitat for the threatened species and communities assessed in this report. Implementation of the recommendations contained in this report will ensure that the existing habitat values will be retained and enhanced through a program of restoration and revegetation.

Further, it is proposed that approximately 37 hectares (64%) of the total 56.6 hectares of the Subject site are proposed to be set aside for environmental protection purposes.

Therefore a significant area of habitat will not be significantly modified or removed.

[: The region is based on the biogeographic regionalisation of Australia, with the study, site situated within the New South Wales North Coast Bioregion (Thackney & Creswell 1995). This region extends along the coast from the QLD/NSW border south to Port Stephens, just north of Newcastle, and west to about Muswellbrook, Armidale, Glen Innes and Tenterfield. The statements regarding the individual species below relates to the distribution of individual species within this bioregion].

Black Bittern This species is widely distributed throughout coastal and sub-coastal areas where dense vegetation fringing streams, swamps, tidal creeks and mudflats occurs. In NSW it occurs in coastal valleys principally at low elevations (NPWS 2002).

The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. Therefore, a significant area of known habitat of the Black Bittern within the bioregion will not be modified by the proposed development.

Australasian Bittern This species is widely distributed throughout the eastern and central parts of NSW were it is found in dense well-vegetated permanent freshwater wetlands dominated by dense reeds, sedges and rushes (Marchant & Higgins 1999). The proposal does not involve the removal or modification of preferred freshwater wetlands and proposes that the southern half of the site be set aside for environmental protection. Potential use of the site would be intermittent and this species has not been recorded previously for the site. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. Therefore, a significant area of known habitat of the Australasian Bittern within the bioregion will not be modified by the proposed development.

Ref No BA040049 Aid& Phctompiy - Photogr.mmsliy - Land Swvey - Civil Englneedng - Stnictural Englnees1n - Town Planrng - M.plng - Environmental 90 Lot 4, DP437419 Flora and Fauna Assessment

Black-necked Stork The Black-necked Stork is found across northern Australia. In NSW it is confined to the coastal plain north of Nowra and the upper north western Slopes and Plains (Marchant and Higgins 1990). It is only occasionally found south of Sydney and is most common in the Tweed, Richmond and Clarence catchments. The Black-necked Stork inhabits permanent freshwater wetlands including swamps, shallow floodwaters, and adjacent grasslands and savannah woodlands. It can also be found occasionally on inter-tidal shorelines, mangrove margins and estuaries (NPWS 2002). The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. Therefore, a significant area of known habitat of the Black-necked Stork within the bioregion will not be modified by the proposed development.

Brolga The Brolga is widely distributed across northern Australia, throughout Qid, central western Victoria and northern NSW (Marchant & Higgins 1993). In NSW records are scattered across their range. Brolgas inhabit shallow swamps and swamp margins, floodplains, grasslands and pastoral lands. In north eastern NSW they are often found in coastal heaths, sedgelands, pastures and freshwater wetlands. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. Approximately 36 hectares (64%) of the site is proposed for environmental protection. This area includes potential Brolga habitat. Extensive areas of suitable habitat surround the subject site. The subject site is used on an irregular and occasional basis by this species. Therefore, a significant area of known habitat of the Brolga within the bioregion will not be modified by the proposed development.

Bush-hen In NSW this species is found only on in the north coast (Marchant & Higgins 1993) to about the Evans River. Recent reports (Morris 2004) suggest that the range of this species has expanding south to about the Clarence River. Densely overgrown margins of wetlands, dams, swamps, Lantana thickets, rainforests and remnant vegetation are the preferred habitats of this species. They breed among dense, tall reeds, lantana, streambank tussocks and grasses (Marchant and Higgins 1996). The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. Extensive areas of suitable habitat occur in the southern parts of the subject site and in the surrounding agricultural lands. Therefore, a significant area of known habitat of the Bush-hen within the bioregion will not be modified by the proposed development.

Ref No BA040049 Civil EnlneegIg. PIan,*g AeitaI PhotograpIy - Ptloto9mmm.tiy - Lend SwveyIn - Sthithual Engkioeiljig Town - Maplng EnI.rcninental 91 Lot 4, DP437419 Flora and Fauna Assessment

Migratory shorebirds including: Black-tailed Godwit, Terek Sandpiper, Sanderling, Broad-billed Sandpiper, Great Knot, Lesser Sand Plover and Greater Sand Plover. These migratory shorebirds are all found along the coast of Australia. Important feeding grounds and roosts occur in the lower reaches of the Richmond River including North Creek, Mobbs Bay, Lake Chickiba and South Ballina Beach. It is proposed that the southern half of the site be set aside for environmental protection purposes. This will protect the existing Mangroves, Saltmarsh wetlands and riparian vegetation. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. This area does not contain significant migratory shorebird habitat. Therefore, a significant area of known habitat of these migratory shorebirds within the bioregion will not be modified by the proposed development.

Grass Owl Suitable habitat is widespread within the region. Surveys and incidental observations have recorded Grass Owls over much of the Northern Rivers region and particularly the coastal plain. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. The proposed development site contains potential Grass Owl habitat however extensive dense grasslands and cropping lands similar to that which is contained within the proposed development site are also found immediately to the north and north west of the subject site. Further, the extensive Saltmarsh wetlands and significant areas of grassland within the southern half of the site are proposed for environmental protection and will remain unaffected by the proposal. These areas are used by the Grass Owls. Observation of the site over the past 10 years or more has shown that shrubs and trees, particularly Swamp Oaks and Groundsel Bush, are invading the grasslands. If unchecked the subject site will not, in the long-term, support habitat for the Grass Owl. It is therefore proposed that development of the site be staged with Stage 2 (refer Fig. 4) being subject to the implementation and success of a Grass Owl habitat management program. This program will be incorporated into an overall Environmental Management Plan (described in Section 6.3) for the Subject site. This Grass Owl habitat management program will be developed in co-operation with the DEC, who have given in-principle support to the proposal, and will incorporate regular monitoring of the Grass Owl population, selective slashing or mowing of the management area in a mosaic pattern to maintain and enhance Grass Owl habitat, selective shrub removal and weed control. Given the extensive area proposed for environmental protection, the existence of extensive areas of suitable habitat immediately to the north of the subject site and the proposed habitat management measures it is unlikely that the life cycle of this species would be disrupted such that a viable local population could be placed at risk of extinction.

Ref No BA040049 Aal Photcgraply - Photogmmmeby Land xveyIng—CM Englneedng - StiuuraI Enginewing - Toani Planning - Mping Eivmnnnentai 92 Lot 4, DP437419 Flora and Fauna Assessment

Therefore, a significant area of known habitat of the Grass Owl within the bioregion will not be modified by the proposed development.

Mangrove Honeyeater The Mangrove Honeyeater is found along the east coast of Australia from about Townsville to about Kempsey in NSW. Resident populations occur on the Tweed, Richmond, Clarence and Macleay River Estuaries. The site does not contain significant or extensive Mangrove forests. It is proposed that the southern half of the site be set aside for environmental protection. This will protect the existing Mangrove and riparian vegetation. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. Therefore, a significant area of known habitat of the Mangrove Honeyeater within the bioregion will not be modified by the proposed development.

Common Planigale The Common Planigale is found from Arnhem Land in the Northern Territory, across northern coastal Queensland and south to coastal north-eastern NSW. The species reaches its southern distribution limit on the NSW lower north coast. Preferred habitat is characterised as having ground litter such as numerous fallen logs and rocks and dense ground cover - usually close to water and often at the ecotone between wet scierophyll forests and wetlands (Miller 1998, Redhead 1995). They build a saucer-shaped nest made of grass and bark fibres in crevices, hollow logs, beneath bark or under rocks (NPWS 2002). The Common Planigale primarily inhabits coastal lowlands although it has been recorded in modified environments such as gardens (State Forests of New South Wales 1995). The proposed development area does not contain significant foraging or nesting habitat for this species. It is proposed that the southern half of the site be set aside for environmental protection. This will protect the wetlands and adjacent riparian vegetation. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

Therefore, a significant area of known habitat of the Common Planigale within the bioregion will not be modified by the proposed development.

Black Flying-fox This species is found in coastal and near-coastal areas north from the Bellinger River. They forage on the flowers and fruit of a range of native and exotic vegetation. The site does not contain significant foraging or roosting habitats for this species. It is proposed that the southern half of the site be set aside for environmental protection. This will protect the existing Mangrove and riparian vegetation. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

Ref No BA040049 Aerial Pho graphy—Photogmnunsiy - Land Swv.ylng - CM EnIneedng - Stiuctumi Engkieudng - Town planning — Mapping - Endronmental 93 Lot 4, DP437419 Flora and Fauna Assessment

Therefore, a significant area of the habitat of Black Flying-fox will not be modified by the proposed development.

Grey-headed Flying-fox This species occurs from central eastern Queensland south to Victoria. The site does not contain significant foraging or roosting habitats for this species. It is proposed that the southern half of the site be set aside for environmental protection. This will protect the existing Mangrove and riparian vegetation. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

Therefore, a significant area of the habitat of Grey-headed Flying-fox will not be modified by the proposed development.

Large-footed Myotis The Large-footed Myotis is found in the coastal band from the north-west of Australia, across the top-end and south to western Victoria. This species' distribution is primarily coastal. The Large-footed Myotis has been recorded from a wide variety of habitats provided they are in close proximity to water. This species has been recorded from Mangroves, Melaleuca swamps, rainforest, open woodland and wet and dry scierophyll forest (Churchill 1998). The development will not remove a significant area of Mangroves or forest communities and it is proposed that the saltmarsh wetlands and riparian vegetation, including scattered stands of Melaleuca, will be retained. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

Therefore, a significant area of the habitat of Large-footed Myotis will not be modified by the proposed development.

Little Bentwing-bat The Little Bentwing-bat is found along the coastal plain from Cape York to about Newcastle in NSW (Churchill 1998). This species prefers moist eucalypt forest, rainforest and dense coastal scrubs including Banksia thickets. The development will not remove a significant area of forest or dense coastal scrub and it is proposed that the forests and riparian vegetation, including scattered stands of Melaleuca, of the southern half of the subject site will be retained. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

Therefore, a significant area of the habitat of the Little Bentwing-bat will not be modified by the proposed development.

Ref No BA040049 Civil Eng!needng Ptanctng MappIng Environmental Aedal Photog,aply - Photommmetiy - Land Swveylng - - Structural Englneeslng - Town - - 94 Lot 4, DP437419 Flora and Fauna Assessment

Eastern Bentwing-bat This species is distributed in northern and eastern Australia. In eastern Australia it is found from Cape York south into NSW and Victoria and to the south eastern corner of South Australia. It is typically found in well-timbered habitats, including rainforest, wet and dry scierophyll forest, open woodland and Melaleuca forest (Churchill 1998). The development will not remove a significant area of forest and it is proposed that the forests and riparian vegetation, including scattered stands of Melaleuca, of the southern half of the subject site will be retained. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

Therefore, a significant area of the habitat of Eastern Bentwing-bat will not be modified by the proposed development.

Eastern Long-eared Bat This species is distributed from Cape York through eastern Queensland to the far north-east corner of NSW. In NSW they appear to be confined to the coastal plain to about the Clarence River. Inhabits a variety of habitats including rainforests, dry scierophyll woodlands and is often found among the vegetation along watercourses (Lunney et al. 1995). Rainforest appears to be the most critical habitat for this species in northern NSW. The development will not remove a significant area of forest, rainforest does not occur at the subject site and it is proposed that the forests and riparian vegetation, including scattered stands of Melaleuca, within the southern half of the subject site will be retained. The proposed development is confined to the northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

Therefore, a significant area of the habitat of Eastern Long-eared Bat will not be modified by the proposed development.

Swamp Oak Forest on Coastal Floodplains Swamp Oak Forest on Coastal Floodplains in NSW is widely distributed. Identified regionally within CRA Forest Ecosystem 143, this ecosystem is widespread on poorly drained sites in coastal areas of both CRA Regions (e.g. Ballina, Richmond River, Limeburners Creek and Yahoo Nature Reserves, and Khappinghat, Bundjalung, Yuraygir and Myall Lakes National Parks), (NPWS 2004e).

The proposal involves the clearing of a small area; approximately 22m x lOm, of regrowth Swamp Oak at the southern edge of the proposed development to permit the construction of a major access road linking the eastern parts of the development with the western parts. This proposal will require the removal of regrowth Swamp Oak fringing a short section of the main north - south drain (refer Figs. 4 and 5). The majority of the proposed development is confined to the

Ref No S AeitaI Phctcgr.phy—Phctogiimme4iy - Land SwveyIr - CIvU Englneedng - StruuraI Eng needng - Tcwn Ptani*ig - Mapging - Envlrcvnentai 95 Lot 4, DP437419 Flora and Fauna Assessment 0 northern parts of the subject site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds.

All Swamp Oak communities have been clearly identified and are in the main conserved within the conceptual design layout. The adjacent Swamp Oak communities within the subject site will not be adversely impacted. It is proposed to undertake restoration works within adjacent Swamp Oak communities. Given the small area to be cleared, the fact that this vegetation is an artefact of the drain construction, that the majority of this vegetation community is in the area proposed for environmental protection and that restoration works are proposed for the environmental protection area, it cannot be construed that, in relation to the regional distribution of the habitat of threatened species, that a significant area of known habitat is to be removed or modified.

Coastal Saltmarsh in the NSW North Coast, Sydney Basin and South East Corner Bioregions The site assessment found that Coastal Saltmarsh occurs on the subject site in the form of Chenopod Shrubland/Rushland. This vegetation corresponds to the description which characterises the Endangered Ecological Community (TSC Act). The community was found to be widespread in low lying parts of the south east of the site intergrading with regenerating mangrove shrublands and adjoining grasslands to the north and west.

Coastal Saltmarsh is identified regionally within CRA Forest Ecosystem 125, and occurs on tidal flats periodically inundated with seawater extending along the coast of both CRA Regions (e.g. Bundjalung, Yuraygir and Booti Booti National Parks), (NPWS 2004b).

The assessment found that the proposal does not involve the clearing of this ecological community. The proposed development is confined to the northern parts of the site within a grassland mosaic characterised by Common Reed and numerous exotic grasses and weeds. The Saltmarsh vegetation community has been clearly identified on the site and is conserved within the conceptual design layout. In summary, it cannot be construed that, in relation to the regional distribution of the habitat of threatened species, that a significant area of known habitat is to be removed or modified.

(4) Whether an area of known habitat is likely to become isolated from currently interconnecting or proximate areas of habitat for a threatened species, population or ecological community.

The site provides potential habitat for the threatened species and endangered ecological communities assessed in this report. Implementation of the recommendations contained in this report will ensure that the existing habitat values are retained and enhanced through the setting aside of the southern parts

Ref No I Aedal Phocgraphy— Phcograinnietiy - Iand &avoylng —civu Englneeifng. Sbuctural Englneeztng - Town Planning - Mapping - Enakonmental 96 Lot 4, DP437419 Flora and Fauna Assessment 0 of the property for environmental protection purposes. This area includes the fringing Mangrove forests, Saltmarsh wetland areas, Swamp Oak forests, the former wading bird roost identified by Holmes (1998) and the riparian buffers along the Richmond River and Emigrant Creek (refer Fig. 7). This area provides a link with adjacent riparian vegetation and habitats to the north west of the subject site. Adoption and implementation of an environmental management plan which will include restoration and vegetation management, a Grass Owl habitat management plan and re-establishment of a wading bird roost at the subject site will enhance the corridor and habitat values of the site.

Extensive areas of open wetlands, Saltmarsh and grazing paddocks adjacent to and to the north west of the subject site provide suitable foraging habitat for the Grass Owl. An extensive area is proposed for environmental protection which contains large areas of Grass Owl habitat.

Therefore an area of known habitat is not likely to become isolated from currently interconnecting or proximate areas of habitat as the site will continue to provide existing habitat and corridor values.

(5) Whether critical habitat will be affected.

Stott's Island (habitat for the endangered Mitchell's Rainforest Snail) and Sydney's North Harbour (habitat for the endangered Little Penguin) are the only critical habitats listed under the TSC Act. At the time of preparing this report a number of other critical habitats were proposed. None were in the North Coast Bioregion. The proposed development will not affect any of these critical habitats.

(6) Whether a threatened species, population or ecological community, or their habitats, are adequately represented in conservation reserves (or other similar protected areas) in the region.

All of the species and endangered ecological communities considered in this assessment are found in one or more conservation reserves in the bioregion. The following is a summary of the conservation reserves where the subject flora and fauna species have been detected previously:

Black Bittern The Black Bittern has been recorded in the following conservation reserves: Border Ranges National Park; Boat Harbour Nature Reserve; Brunswick Heads Nature Reserve; Tyagarah Nature Reserve and Bundjalung National Park. These reserves span the range of this species.

Australasian Bittern The Australasian Bittern has been recorded in the following regional conservation reserves: Lake limes Nature Reserve, Gibraltar Range National Park, Bundjalung

Ref No BA040049 Aedal Ptioography - Phctcgiwr.meby Land $uivsyiig -. CIVU Ennn(I4.g Stiuctur.I Engbieeilng - To Planilng - Meplng - En*cninental 97 Lot 4, DP437419 Flora and Fauna Assessment 0 National Park and Cudgen Nature Reserve. These reserves span the range of this species in the Bioregion.

Black-necked Stork The Black-necked Stork has been recorded from the following regional conservation reserves: Tweed Estuary Nature Reserve; Ukerabagh Island Nature Reserve; Wooyung Nature Reserve; Brunswick Heads Nature Reserve; Tyagarah Nature Reserve; Richmond River Nature Reserve; Broadwater National Park; Bundjalung National Park; Tuckean Swamp Nature Reserve; and Yuraygir National Park. These reserves span the range of this species.

Brolga The Brolga has been recorded from the following regional conservation reserves: Tyagarah Nature Reserve; Brunswick Heads Nature Reserve; Tuckean Swamp Nature Reserve; Broadwater National Park; Bundjalung National Park; and Yuraygir National Park. These reserves span the range of this species.

Bush-hen The Bush-hen has been recorded from the following regional conservation reserves: Goonengerry NP, Nightcap National Park, Cudgen Nature Reserve, Arakwal National Park and Broadwater National Park. These reserves span the of this • range species. Black-tailed Godwit, Terek Sandpiper, Sanderling, Broad-billed Sandpiper, Great Knot, Lesser Sand-plover and Greater Sand-plover. These migratory shorebirds have been recorded from the following regional conservation reserves: Tweed Estuary Nature Reserve, Ukerabagh Island Nature Reserve, Cook Island Nature Reserve, Cudgen Nature Reserve, Arakwal National Park, Broadwater National Park, Bundjalung National Park and Brunswick Heads Nature Reserve, Richmond River Nature Reserve. These reserves span the range of these migratory waders in the bioregion.

Grass Owl The Grass Owl has been recorded from the following regional conservation reserves: Tyagarah Nature Reserve, Billinudgel Nature Reserve, Cudgen Nature Reserve, Broadwater National Park, Bundjalung National Park, Yuraygir National Park and Limeburners Creek Nature Reserve. These reserves span the range of this species in northern NSW and particularly the core populations of north-eastern NSW from where the majority of NSW records come.

Mangrove Honeyeater The Mangrove Honeyeater has been recorded from the following regional conservation reserves: Ukerabagh Island Nature Reserve, Tweed Estuary Nature Reserve; Marshall's Creek Nature Reserve; Billinudgel Nature Reserve; Brunswick

Ref No BA040049 Aegtal PhcgripIiy—Phctcgmwneby - Land &xv.ykg —CM EngInedng - SbuursI Enkieedng - Town Ptani*ig - Mappthg - EnvIronm5ntaI 98 Lot 4, DP437419 Flora and Fauna Assessment

Heads Nature Reserve; Ballina Nature Reserve; Richmond River Nature Reserve; and, Bundjalung National Park. These reserves span the range of this species.

Common Planigale The Common Planigale has been recorded from the following regional conservation reserves: Tooloom National Park, Yabbra National Park, Malanganee National Park, Border Ranges National Park, Mebbin National Park, Broadwater National Park and Bundjalung National Park and Tyagarah Nature Reserve, Arakwal National Park, Broken Head Nature Reserve; These reserves span the range of this species in the bioregion.

Black Flying-fox The Black Flying-fox has been recorded in the following regional conservation reserves: Ukerebagh Nature Reserve; Tweed Estuary Nature Reserve; Cudgen Nature Reserve; Stotts Island Nature Reserve; Wilson Nature Reserve; Ballina Nature Reserve; Boatharbour Nature Reserve; Border Ranges National Park; and Bundjalung National Park. These reserves span the range of this species.

Grey-headed Flying-fox The Grey-headed Flying-fox has been recorded in the following regional conservation reserves: Ukerebagh Nature Reserve; Tweed Estuary Nature Reserve; Cudgen Nature Reserve; Stotts Island Nature Reserve; Brunswick Heads • Nature Reserve; Tyagarah Nature Reserve; Wilson Nature Reserve; Ballina Nature Reserve; Boatharbour Nature Reserve; Bundjalung National Park; and Cape Byron State Conservation Area. These reserves span the range of this species.

Little Bentwing-bat The Little Bentwing-bat has been recorded in the following regional conservation reserves: Tooloom National Park, Toonumbah National Park, Richmond Range National Park, Border Ranges National Park, Nightcap National Park, Broadwater National Park, Bundjalung National Park, Bungawalbin National Park, Yuragir National Park Tyagarah Nature Reserve, Arakwal National Park, Ukerebagh Nature Reserve; Tweed Estuary Nature Reserve; Cudgen Nature Reserve; Stotts Island Nature Reserve; Wilson Nature Reserve; Ballina Nature Reserve; Boatharbour Nature Reserve. These reserves span the range of this species.

Eastern Bentwing-bat The Eastern Bentwing-bat has been recorded in the following regional conservation reserves: Tooloom National Park, Richmond Range National Park, Border Ranges National Park, Mount Warning National Partk, Nightcap National Park, Bundjalung National Park, Bungawalbin National Park, Broken Head Nature Reserve, Wilson Nature Reserve; Ballina Nature Reserve; Boatharbour Nature Reserve. These reserves span the range of this species on the north coast.

Ref No BA040049 Land Swve4ng_ CM EngIn.ag Strudwul Englnendng -Town Manning Maplng Envirunmmntal Milal PhotograpIy - ptotogmmmeIy - - - - 99 Lot 4, DP437419 Flora and Fauna Assessment

Eastern Long-eared Bat The Eastern Long-eared Bat has been recorded in the following regional conservation reserves: Nightcap National Park, Mebbin National Park, Mount Warning National Park; Broadwater National Park; Bundjalung National Park,;Illuka Nature Reserve; Yuragir National Park, Tyagarah Nature Reserve; Arakwal National Park; Broken Head Nature Reserve; Wilson Nature Reserve. These reserves span the range of this species.

Large-footed Myotis The Large-footed Myotis has been recorded from the following regional conservation reserves: Border Ranges National Park; Toonumbar National Park; Richmond Range National Park; Nightcap National Park; Broadwater National Park; Bundjalung National Park; Bundjalung Crown Reserve; Brunswick Heads Nature Reserve; Tyagarah Nature Reserve and Arakwal National Park. These reserves span the range of this species.

For all of the species addressed above there are conserved populations. These conserved populations are from across each species' range in the bioregion and NSW.

(7) Whether the development or activity proposed is of a class of development or activity that is recognised as a threatening process,

A key threatening process is defined in the TSC Act as a process that threatens, or could threaten, the survival or evolutionary development of species, populations or ecological communities.

The current list of key threatening processes under TSC Act, and whether the proposed development is recognised as a threatening process is shown below at Table 11.

Table 11. Key Threatening Process - TSC Act. Is the development or Listed Key Threatening Process (as described in the activity proposed of a class final determination of the Scientific Committee to list of development or activity the threatening process) that is recognised as a threatening process? Likely Possible Unlikely Alteration of habitat following subsidence due to / longwall mining Invasion of the Yellow Crazy Ant / Herbivory and environmental degradation caused by feral deer Competition and habitat degradation by feral goats Feral pigs Alteration to the natural flow regimes of rivers and /

Ref No BA040049 CIvU Etieedng Pam*ig Environmental Aedal Phctcgraphy - Phctcgmnune*ty Land Sstveykg— - Stsuur.I Engkieedng - Town - MappUig - 100 Lot 4, DP437419 Flora and Fauna Assessment

Is the development or Listed Key Threatening Process:(as described in the activity proposed of a class final determination of the Scientific Committee to list of development or activity the threatening process) that is recognised as a threatening process?____ Likely Possible Unlikely streams and their floodplains and wetlands Bush rock removal Clearing of native vegetation Competition and grazing by the feral European Rabbit, Oryctolagus cuniculus (L.) Competition from feral honeybee Death or injury to marine species following capture in shark control programs on ocean beaches High frequency fire resulting in the disruption of life cycle processes in plants and animals and loss of V vegetation structure and composition of anthropogenic debris Entanglement in or ingestion in V marine and estuarine environments Human Caused Climate Change Importation of red imported fire ants into NSW Infection Psittacine circoviral (beak and feather) disease by / affecting endangered psittacine species and populations Infection of frogs by amphibian chytrid causing the disease chytridiomycosis Infection of native plants by Phytophthora cinnamomi of the large earth bumblebee, Bombus Introduction V terrestris Invasion of native plant communities by Chrysanthemoides monilifera Invasion of native plant communities by exotic perennial grasses Loss degradation (or both) of sites used for hill- or V topping by butterflies Predation by the Feral Cat Felis catus (Linnaeus, 1758) Predation by the European Red Fox Vulpes vulpes / (Linnaeus, 1758) Predation by Gambusia hoibrooki Girard, 1859 (Plague V Minnow or Mosquito Fish) Predation by the Ship Rat Rattus Lord Howe rattus on V Island Removal of dead wood and dead trees V

Clearing of Native Vegetation A total of approximately 19.72 ha of clearing is proposed (refer Fig. 4). This area is vegetated by the grassland mosaic with a small number of individual trees and shrubs. The proposal will involve the removal of 19.72 ha of mixed species

S Ref No BA040049 Land Suiv.ylng —Clvi Englne.dng Slvuciui.l Engineeltng Town Planing Mapping Environmental Mital Photograply - Ptmtogmminetry - - - - - 101 Lot 4, DP437419 Flora and Fauna Assessment

grassland vegetation. A small number of individual regrowth shrubs of Sally Wattle (Acacia melanoxylon) and Swamp Oak (Casuarina glauca) and various native species within degraded regrowth dominated by Lantana and other exotics scattered throughout the grassland mosaic and at the southern edge of the development area (southern east to west road access) will also be impacted.

The grasslands which occur throughout the subject site have regenerated on land formerly utilised for sugarcane production and which has undergone disturbance events such as fire, slashing and harvesting for drought fodder. Common Reed is the dominant species however it occurs in a mosaic with a variety of introduced grasses and patches of exotic weeds such as Groundsel Bush, Lantana and Crofton Weed.

Grasslands dominated by Common Reed are widespread in the local area and are a common feature colonising low lying disused agricultural land on the coastal plain of the Richmond-Tweed. They also are a feature within the nearby Richmond River and Ballina Nature Reserves.

As evident on Figures 4 and 5 a total of 36.88 ha will not be impacted under the proposal. Additionally, an area of approximately 4.27 ha is proposed to be actively managed as Grass Owl habitat.

The removal of a small number of Sally Wattle (Acacia melanoxylon), Swamp Oak (Casuarina glauca) and various native species within degraded regrowth dominated by Lantana and other exotics scattered throughout the grassland mosaic will be inconsequential given that: • Sally Wattle (Acacia melanoxylon) and Swamp Oak (Casuarina glauca) are common and widespread species therefore no loss of a local population of plant species will occur; • No fragmentation of habitat will occur as individual regrowth species are not contiguous with adjoining vegetation; • The riparian zone will not be degraded as a result; • Swamp Oak are rapidly invading the Saltmarsh and other vegetation communities of the site; • Increased habitat will not be created for invasive species; and • The loss of these species will be more-than compensated for by the protection, restoration and expansion of the Swamp Forest communities across the south western part of the site.

Hence, the proposed development is not considered to be a key threatening process in that the clearing of native vegetation will not result in the destruction of a sufficient proportion of one or more strata of a stand/s to result in the loss, or long-term modification, of the structure, composition and ecological function of the stand of vegetation. Rather, the amount of vegetation to be cleared is to be

Ref No BA040049 AeiIaI Pho og,apIy -Phoogramm.tty - Land Swveyhig - Cid Englneedng - Sliudwul Englnoedn9 - Town PInr - Mapping - En*cn,nental 102 Lot 4, DP437419 Flora and Fauna Assessment

minimised and extensive areas of regenerating land not subject to development within the subject site will be restored and in part managed for significant fauna species. Therefore, the resulting impact on the integrity of the subject stand of vegetation with regard to habitat value should likewise be minimal.

(8) Whether any threatened species, population or ecological community is at the limit of its known distribution.

The threatened flora and fauna species considered in this report are typically distributed throughout much of eastern Australia. The patterns of distribution for the species concerned are as follows:

Black Bittern The Black Bittern is found in coastal and sub-coastal areas of south-western, northern and eastern Australia (NPWS 2002). Therefore, this species is not at the limit of its distribution.

Australasian Bittern The Australasian Bittern is found throughout south-eastern Australia from about Hervey Bay in Queensland across the eastern and central parts of NSW, Victoria and south-eastern South Australia. Therefore this species is not at the limit of its distribution.

Black-necked Stork The Black-necked Stork is found throughout tropical northern Australia and south to about the Central Coast of NSW and therefore this species is not at the limit of its distribution.

Brolga This species is found from the Kimberley across tropical Australia and into southern Australia and therefore this species is not at the limit of its distribution.

Bush-hen This species is found in coastal northern Australia from far-north Queensland south to the Evans River in north-east NSW (NPWS 2002a). Therefore this species is close to the southern limit of its distribution.

Black-tailed Godwit, Terek Sandpiper, Sanderling, Broad-billed Sandpiper, Great Knot, Lesser Sand-plover and Greater Sand-plover. These migratory shorebirds are found around the coastline of Australia. Therefore, these migratory shorebirds are not at the limit of their distribution.

0 Ref No BA040049 Mapping Aedal Ptictcrephy - Photogmmmetiy - Land Surveying - CM Englneedng - Struwul Engln.aslng - Town Planning - - Environmental 103 Lot 4, DP437419 Flora and Fauna Assessment

Grass Owl In Australia the Grass Owl is primarily a species of northern Australia. The range of this species within Australia is not fully known, however, the majority of reliable records are from eastern Australia. The species is widespread and regularly recorded in the following regions: Cape York, on the Atherton Tablelands, between Cairns and Proserpine, in the Rockhampton region and in the Cooloola region of southern Qid (Higgins 1999). In New South Wales the available records suggest that the species is primarily found east of the Divide with many records from the Northern Rivers region between the Qld / NSW border and the Clarence Valley (Higgins 1999). There are few records from west of the Divide. More recently, Grass Owls have been recorded from the Hastings Valley and Tuncurry (Morris 2004), Ballimore in the central West (Morris 2004) and Bulahdelah, Harrington and Tyndale (Morris 2004). The number of records south of the Manning River appears to be increasing (Morris 2004). Therefore, this species is not at the limit of its distribution.

Mangrove Honeyeater The Mangrove Honeyeater occurs from about Townsville in northern Queensland south to the Clarence River estuary. Vagrants have been recorded further south to about Port Macquarie in NSW. Therefore, this species is not at the limit of its distribution.

Common Planigale The Common Planigale is found in coastal north-eastern NSW, coastal east Queensland and Arnhem Land. The species reaches its southern distribution limit on the NSW lower north coast. (NPWS 2002). Therefore, the Common Planigale is not at the limit of its distribution.

Black Flying-fox The Black Flying-fox is found in coastal areas and river valleys from central eastern Qld south to Victoria (NPWS 2002). Therefore, this species is not at the limit of its distribution.

Grey-headed Flying-fox The Grey-headed Flying-fox is found in coastal areas and river valleys from central eastern Qld south to Victoria (NPWS 2002). Therefore, this species is not at the limit of its distribution.

Little Bentwing-bat The Little Bentwing-bat is found along the coastal plain from Cape York to about Newcastle in NSW (Churchill 1998). Therefore, this species is not at the limit of its distribution.

Ref No BA040049 MdaI Phctcgapliy—Phctcgmmetry - Land Suivsytn—CM Enneeig - Sbudwul Engieedng - Toi Paru'ng - Mapping - EnvknmentaI 104 Lot 4, DP437419 Flora and Fauna Assessment

Large-footed Myotis This species is primarily coastal and is found from the Kimberley in North-western Australia, around the tropical north and south through eastern Australia to Victoria (Churchill 1998). Therefore, this species is not at the limit of its distribution.

Swamp Oak Forest on Coastal Floodplain Swamp Oak Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions is known from parts of the Local Government Areas of Tweed, Byron, Lismore, Ballina, Richmond Valley, Clarence Valley, Coffs Harbour, Bellingen, Nambucca, Kempsey, Hastings, Greater Taree, Great Lakes and Port Stephens, Lake Macquarie, Wyong, Gosford, Pittwater, Warringah, Hawksberry, Baulkam Hills, Hornsby, Lane Cove, Blacktown, Aubern, Parramatta, Canada Bay, Rockdale, Kogarah, Sutherland, Penrith, Fairfield, Liverpool, Bankstown, Wollondilly, Camden, Campbelltown, Wollongong, Shellharbour, Kiama Shoalhaven, Eurobodalla, and Bega Valley (NPWS 2004e).

The occurrence of the Community on the subject site is within the Ballina LGA and as such the Endangered Ecological Community is not at the limit of its known distribution.

Coastal Saltmarsh Coastal Saltmarsh occurs on tidal flats periodically inundated with seawater extending along the coast of both CRA Regions (e.g. Bundjalung, Yuraygir and Booti Booti National Parks), (NPWS 2004b). To the north the community is known to occur in the Byron Shire (Byron Shire Council et al. 1999) and the Tweed Shire (Kingston et al. 2004). Therefore the Endangered Ecological Community is not at the limit of its known distribution.

Conclusion The results of this assessment demonstrate that the proposed rezoning and development is not likely to result in a significant effect (as described in Section 5A of the EP&A Act) on a threatened species, populations or ecological

Ref No BA040049 Mitai Phctagmpy - Ptatogmnvneby - Land Surv.ylng - Civil Engln.edng - Sliuctumi Engineecing - Toan Planning - Mapping - En*cntnental 105 Lot 4, DP437419 Flora and Fauna Assessment

communities (as listed in the TSC Act). Therefore, a Species Impact Statement is not required.

5.2 NSW Threatened Species Conservation Act 1995

The objectives of the TSC Act are:

• To conserve biological diversity and promote ecologically sustainable development; • To prevent the extinction and promote the recovery of threatened species, populations and ecological communities; • To protect the critical habitat of those threatened species, populations and ecological communities that are endangered; • To eliminate or manage certain processes that threaten the survival or evolutionary development of threatened species, populations and ecological communities; • To ensure that the impact of any action affecting threatened species, populations and ecological communities is properly assessed; and • To encourage the conservation of threatened species, populations and ecological communities by the adoption of measures involving co-operative management.

Section 94 lists the eight-point test of significance to determine whether an action is likely to be a significant effect on threatened species, populations or ecological communities, or their habitats. The appropriate provisions prescribed in Section 94 are identical to those found in the EP&A Act and have been addressed in Section 5.1 above.

5.3 NSW Fisheries Management Act 1994

The Fisheries Management Act 1994 aims to protect fish and fish stocks and protect threatened species, populations and ecological communities of fish and marine vegetation. The Act lists (Section 220C - Schedules 4 & 5) the following endangered and vulnerable species, populations and communities:

Endangered Species (Part 1 of Schedule 4) *Carcherias taurus Grey Nurse Shark Craterocephalusfiuviatilis Murray Hardyhead *Maccullochella ikei Eastern Freshwater Cod *Macllochella macquariensis Trout Cod *Nannoperca oxleyana Oxleyan Pygmy Perch Notopala sublineata River Snail Pristis zijsron Green Sawfish *indicates species also listed under the EPI3C Act

Ref No BA040049 Aedal Fhotogmpliy— Photogiwumelsy -Land Swveyig - Civil Englneedng - Stiuotuml Englneedng - Tom Plaivthig - Mapping - Environmental 106 Lot 4, DP437419 Flora and Fauna Assessment

Endangered populations (Part 2 of Schedule 4) The following are listed: Ambassis agassizii (Steindachner 1866) Olive Perchiet, western NSW population. Mogurnda ads persa (Castelnau 1878) Purple Spotted Gudgeon, western NSW population.

Endangered ecological communities (Part 3 of Schedule 4) The following are listed: Aquatic ecological community in the natural drainage system of the lower Murray River catchment (as described in the recommendation of the Fisheries Scientific Committee to list the ecological community); and, Aquatic ecological community in the natural drainage system of the lowland catchment of the Darling River (as described in the recommendation of the Fisheries Scientific Committee to list that aquatic ecological community, as the area covered by that recommendation).

Vulnerable species (Schedule 5) Archaeophya adamsi Adams Emerald Dragonfly Bidyanus bidyanus Silver Perch Branchinella buchananensis Buchanans Fairy Shrimp *Carcharodon carcharias Great White Shark Epinephelus daemelii Black Cod Mac quaria australasica Macquarie Perch Nannoperca australis Southern Pygmy Perch *indicates species also listed under the EPBC Act

The subject site is close to the Richmond River and Emigrant Creek. The likelihood of the species listed above utilising the subject site and the habitats immediately surrounding the subject site, based on their habitat requirements, is discussed in Table 12. Species detected, and those considered either likely to occur or possibly occurring at the subject site, have been assessed with regard to the relevant legislative considerations.

Ref No BA040049 Englneailng Aedal Photogropily - Photogrommelly - Land Surveying - CMJ - Sbuctw.l Engineeilng - Town Pl.ntthg—Mipping -Environmental 107 S S Lot 4, DP437419 Flora and Fauna Assessment

Table 12. Likelihood of Threatened Aquatic Species Occurring at the Sit& oiibl likl3 Detected VIM" to Occur Common Scientific at Habitat at Rationale Name Name subject at t--SubjectSubject site site, site. The subject site is not a marine environment. It ['here are a number of critical habitat sites along the coast of s not in close NSW and southern Queensland where sharks Carcharzas Nurse grey nurse are proximity to rey sandy-bottomedregularly found These sites generally have sandy taurus ;hark in groups. '' gutters or rocky caves and are in the vicinity of ottomed inshore rocky reefs or islands. gutters, rocky caves or inshore rocky reefs or islands.

Murray Hardyheads live along the edges of slow-flowing The subject site lowland rivers and in lakes, billabongs and backwaters. They is not part of :raterocethaJusMurray are often found amongst aquatic weeds, in both fresh and quite he Murray luviatilis -Jardyhead saline waters. Formerly widespread in the Murray River Basin River Basin and and lower Darling System, now only a few populations in the ower Darling mall lakes of the Swan Hill - Kerang area. system. The site is Although considered prolific in the Clarence and not a once .freshwater Eastern Richmond they only found naturally couple vfaccullochella rivers, are now in a tributary of the Freshwaterreshwater f well isolated tributaries of the Clarence River, and there ket n an Clarence-, -,od natural populations the Richmond Rive: or to remaining in Richmond system. Rivers.

2 Source: NSW Fisheries (2002) Ref No BA040049 ASPECT Aeilal Photography- PhuWgmmffwhy. Land Surveying - Clvii Engineering - Structural Engineering. Town PIatvng - Mapping - Environmental 108 S S Lot 4, DP437419 Flora and Fauna Assessment

'ossibb Llriuikel3 )etecte LOccursra to Occur Common Scientific at Habitat at at Rationale Name Name Subject. Subject• Subject. site site site The Trout Cod is a large freshwater fish endemic to inland waters of the southeastern Australian region. It was once The subject site abundant and widespread the southern Murray-Darling river in not part of 4accullochellarout ;ystem but has undergone dramatic declines its distributional .s Cod in the Murray and abundance the past century. Trout Cod often nacquariensis range over are )arling River found close to cover and in relatively fast currents, especially in ,ystem. fairly deep water close to the bank, and often congregate around ;nags. The subject site )xleyan Pygmy Perch are a small freshwater fish endemic to the does not :oastal region of eastern Australia, from northern NSW to :ontain Wallum coastal south-eastern Queensland. They also occur on FraserHeath, the Moreton and Stradbroke Islands. Oxleyan Pygmy Perch occur estuary (which '.lannoperca )xleyan mostly in swamps, creeks and lakes of coastal 'wallum is adjacent to ccleyana Pygmy Perch (Bariksia-dominated coastal heath). These waters are usually the subject site) acidic, with low salinity and low conductivity, and are often is not acidic, darkly stained. They seem to prefer slow-moving or still waters does not have with plenty of shelter in the form of dense aquatic vegetation ow salinity and (e.g. sedges) or undercut, root-filled banks. s not slow noving. The River Snail occurred in flowing rivers throughout the once The subject site Murray-Darling system, where it was found along the banks is not part of ¼lotopala attached to logs and rocks or crawling in the mud. Although River Snail '4 the Murray :ublzneata virtually extinct throughout its natural Darling isomenow range, River ropulations have been recorded as surviving in artificial- abitats (irrigation pipelines) in the Murray and Darling ys em. Ref No BA040049 ASPECT Aedal Photography- Fhctogmmmeliy - Land Su,veylng-CM Englneedng - St,uclzaal Englneedng - Town Ptanrdng - Mapptng - Envtrcnmental 109 S S Lot 4, DP437419 Flora and Fauna Assessment

6ib1 JkikeF Detected Occurs to Occur Common Scientific -.•at Habitat at at, Name Name Subject Subject Subject site 4,site site systems.

Green Sawfish live on muddy or sandy-mud soft bottom habitats in inshore areas. They also enter estuaries, where they The subject site have been found in very shallow water. The Green Sawfish is toes not videly distributed in the northern Indian Ocean (westwards to contain muddy South Africa), and off Indonesia and Australia. Locally, it is rzstis zqsron .,reen Sawfish sandy-mud commonly encountered the tropics and r moreoccasionally in was ft bottom caught south to Sydney and Broome, Western habitats in Australia. There is also a single record off Gleneig, South inshore areas Australia. This species had in the past occasionally also been taken southwards to Jervis Bay in NSW (DEH 2004). Specimens of this species are extremely rare and are found only in The small There few currently known locations subject Adams streams. are site irthaeophya including ncluding near Gosford (Somersby Falls and Floods Creek in is not one of the rdamsi Brisbane Waters National Park), Tunks Creek Berowra and known Dragonfly near Hornsby, Bedford Creek in the lower Blue Mountains, Hungry locations. Way Creek in Wollemi National Park. The subject site Rapid flow in the lower reaches of the Darling 3idyanus areas Murray s not part of Silverilver Perch drainage introduced coastal zdyanus system, intoi streams in southeast he Murray LD, NSW and southwestern WA. Darling River .System. he subject site 3uchanans Fairy Shrimp live the water of temporary ranchznella 3uchanans in does inundated) (intermittently mundated) salt lakes, which have salinities not uchananensis 'airy Shrimp contain salt between freshwater and seawater. a lake. Ref No BA040049 ASPECT Aedal Photography—Pho(ogjammaliy - Land Suiveylng - cM Engfrieedng - Stiuctural Englneedng -Town Piwutig —Mapgthg - Envkonmental 110 I S S Lot 4, DP437419 Flora and Fauna Assessment

T!)ih1) JfilikeF HabitatDetected tOccurs to Occur Common Scientific - at --i at Rationale Name Name Subject at Subject Subject site --site site

Great White Sharks, also commonly known as White Pointers or White Sharks, are found throughout the world in temperate and The subject site subtropical with preference for cooler This is not inshore Carcharodon Great White oceans, a waters. distribution includes the coastal of NSW. Great White irthanas Shark waters waters or near ,harks are normally found in inshore waters around rocky reefs rocky reefs and and islands, and often near seal colonies. They have been islands. recorded at varying depths down to 1200m. The subject site dult Black Cod usually found gutters and beneath are in caves, is not ommies rocky reefs. They territorial and often on or prnephelus on are occupy a rocky Black Cod articular for life. Small juveniles often found coastal ear iaemelu cave jj m es are reefs, rock rock pools, and larger juveniles around rocky shores in pools or rocky estuaries. shores. 4acquarza he site is not MacquarieFound in the Murray-Darling Basin(particularly upstream of the reaches) and parts of south-eastern coastal NSW, mcludmgincluding the rust ralasica Perch Murray Darling and Shoalhaven catchments. 'tiver System. Southern Pygmy Perch were once widely distributed The site is not throughout the Murrumbidgee and Murray River systems, as )art of the well as coastal streams in South Australia and Victoria, north Murray Darling "Jannoperca Southern eastern Tasmania and King and Flinders Islands in Bass Strait. River System or rust ralis Pygmy Perch There have been large-scale reductions in their range since in South European settlement, particularly in inland regions. They have ustralia, also recently been discovered in the upper Lachlan River Victoria or catchment. trasmania. Ref No BA040049 ASPECT Ae1aI Photcgmphy—Photogmminetiy - Land Surveying - CMI Englneeilng - Stiuctural Englneedng -Town Planctng—Mepping - Envtmnmental 111 Lot 4, DP437419 Flora and Fauna Assessment

Section 220ZZ of the Fisheries Management Act

Section 220ZZ of the Fisheries Management Act 1994 lists the factors (8 point test of significance) to be considered when determining whether a proposed development is likely to have a significant effect upon threatened species, populations or ecological communities, and their habitats, therefore determining if a Species Impact Statement is required. This assessment is also a requirement under Section 5C of the EP&A Act.

None of the threatened species, populations or ecological communities listed under the Act are found or considered likely at the subject site therefore an assessment with regard to the provisions of Section 220ZZ of the Fisheries Management Act 1994 has not been undertaken.

Other Protected Species The Fisheries Management Act 1994 also protects a number of marine and estuarine fish, freshwater species and marine vegetation that are rare or important habitat. These include:

Marine and estuarine fish: • Ballina Angelfish (Chaetodontoplus ballinae); • • Eastern Blue Devil Fish (or Bleekers Devil Fish) (Paraplesiops bleekeri); • Elegant Wrasse (Anampses elegans); • Estuary Cod (Epinephelus coioides); • Giant Queensland Groper (Epinephelus lanceolatus); • Herbsts Nurse Shark (Odontaspisferox); • All Syngnathiformes; and • Species in the families Syngnathidae, Solenostomidae and Pegasidae are collectively known as Syngnathiformes. This includes seahorses, seadragons, pipehorses, pipefish, ghostpipefish and seamoths.

Freshwater species • Australian Grayling (Prototroctes maraena); and • Isopod (Crenoicus harrisoni).

Marine vegetation • All Seagrass, Seaweed and Mangrove species are protected.

The proposed activity (as described previously) is not likely to affect the above protected species because: a) the species listed above do not occur at the subject site; and b) the proposal does not involve alteration of the stream or waterbody, bank or bed, installation of a structure that will affect natural flow regimes.

Ref No BA040049 ASPECT Ae.tal Ph *onj.ply—Photogmmmeiy - Land Swveykig - CM Ennsadng - Sfrudumi Engln.edng -Town Planning - MappIng - Environmental 112 Lot 4, DP437419 Flora and Fauna Assessment

The impact on aquatic or marine vegetation is limited to the removal of invading Mangrove shrubs that have colonised the drain located along the eastern boundary of the subject site adjacent to Burns Point Ferry Rd. A Permit for the removal of any Mangroves will be sought.

Permanent water-bodies within the subject site boundaries are otherwise limited to a small man made dam (brackish) in the north east and a shallow (saline) water body surrounded by colonising Mangroves in the south. Additionally the existing (Mangrove-lined) drain network in the south of the subject site is subject to regular tidal inundation. The majority of the drain network occurs within areas outside of the proposed development in the south of the subject site. That part of the drain network which extends into the proposed development area through the centre of the site supports Swamp Oak and Mangrove vegetation. It is proposed that this vegetation be retained.

5.4 Environmental Protection and Biodiversity Conservation Act 1999

The Commonwealth mechanism for national environment protection and biodiversity conservation is the EPBC Act. The EPBC Act provides for:

.> Identification and listing of Threatened Species and Threatened Ecological Communities; Development of Recovery Plans for listed species and ecological communities; Recognition of Key Threatening Processes; and where appropriate; and Reducing these processes through Threat Abatement Plans.

The EPBC Act states that a person must not, without approval under the act, take an action that has or will have, or is likely to have a significant impact on a matter of National Environmental Significance (NES). NES matters include:

The world heritage value of a declared World Heritage property; The national heritage value of a National Heritage Place; > The ecological character of a declared Ramsar wetland; > An action in a Commonwealth Marine Area; > A Threatened Ecological Community listed under the Act; A Threatened Species listed under the Act; and > A migratory species listed under the Act.

The EPBC Act also identifies a number of Other Matters it protects. These include:

Commonwealth Lands; Commonwealth Heritage Places; > Places on the Register of the National Estate;

Ref No BA040049 ASPECT pfr& gtapy- Ptogiwnmeiy - Land Suiv,ylng. Civil En noedng - StjuctwaJ Engineeling -Town Planting - Mapping - Environmental 113 Lot 4, DP437419 Flora and Fauna Assessment

> Listed Marine Species; > Whales and other Cetaceans; > Critical Habitats; and > Commonwealth Reserves.

Table 13 sun-imarises the assessment of the proposed re-zoning with regard to NES and Other Matters listed under the EPBC Act.

Table 13 demonstrates that the proposal is not likely to have a significant impact on NES or Other Matters as described under the EPBC Act. Therefore referral to the Minister for the Environment for approval is not required.

Table 13. Assessment of Impacts on NES and Other Matters as Described in the EPBC Act. Matter I ImpactI Comment National Environmental Significance World Heritage None The site not recorded World Heritage Property. Properties is a National Heritage The None recorded National Heritage Place. Places site is not a The site is not Ramsar wetland located Ramsar Sites None a or near a Ramsar wetland. Commonwealth None The Commonwealth Marine Area. Marine Areas site is not a Threatened Ecological There are no nationally listed Threatened Ecological None0 e Communities Communities within or surrounding the site. Nationally listed species and communities likely to occur on the subject site are listed in Sections 3.1, 3.3 and 4.1. Impacts on these species are discussed in detail in Threatened Species None Section 5. More specifically the 8-point test of significance found that the development is not likely to result in a significant effect on a nationally listed threatened species. There are 26 migratory species potentially occurring on the site. Fourteen are migratory marine species unlikely to occur on the subject site. Impacts on the migratory terrestrial and wetlands species are discussed in Section 5. The identified migratory terrestrial species are for the majority common bird species found throughout the region i.e., the Black-faced Monarch, Rufous Fantail and Migratory Species None White-throated Needletail. The Coxen's Fig-Parrot is unlikely to occur at the subject site due to the lack of suitable rainforest habitats or figs. The surrounding forest and estuarine communities including the Mangrove forests provide habitat for migratory shorebirds. These will be unaffected by the rezoning and proposed development. It is proposed to set aside the southern parts of the property for environmental

S Ref No BA040049 ASPECT & L S E S, E T P ------M - E 114 Lot 4, DP437419 Flora and Fauna Assessment

Matter Impact Comment protection purposes. More specifically the 8-point test of significance found that the development is not likely to result in a significant effect on a nationally listed threatened species. Other

Commonwealth Land None The proposal is not on Commonwealth land. Commonwealth None The Commonwealth Heritage Place. Heritage Places site is not a Places on the RNE None The site is not a Place on the RNE. There are 53 marine species identified as possible at the site. The site does not contain marine habitats. These species are identified because of the presence of suitable Marine Species None habitat within a radius of 5km and the list does not represent actual records. Those that are considered probable are assessed with regard to the TSC Act in Section 5.1. There 12 listed Whales and Cetaceans recorded Whales and are None within 5km radius of the subject site. The subject site Cetaceans a does not contain habitats suitable for these species. There Critical Habitats recorded the subject Critical habitats None are no at site. Commonwealth There Commonwealth Reserves recorded the None are no at Reserves subject site.

With regard to the potential occurrence of the Grey-headed Flying-fox on the subject site (a species listed as vulnerable under the EPBC Act), the proposed development will be confined to the existing highly modified grasslands of the subject site and will not involve the removal of Grey-headed Flying-fox habitats. The proposal includes the setting aside of the southern parts of the subject site for environmental protection purposes.

The rezoning and proposed development is not likely to have a significant impact on a matter of National Environmental Significance as listed previously. Therefore, referral to the Federal Minister for the Environment is not required.

Ref No BA040049 ASPECT Al('n_I Phgiwn'metiy - Land &xveyki—Ctvfl EMnowbg - Sbuduml Englneestng - Town Pani*ig—M.1ng - EiMtvnmsntal 115 Lot 4, DP437419 Flora and Fauna Assessment

6. Impacts and Amelioration

6.1 Impacts

Potential impacts that may occur during the development of the site, if rezoned, include: > Direct and indirect damage to vegetation communities and native flora species through construction activities; > Disturbance to native fauna through construction activities; > Reduction in the extent of Grass Owl foraging/ nesting habitat; > Impacts on the habitats of migratory wading birds; > Alteration to hydrological regimes (salt and freshwater) potentially impacting on coastal Saltmarsh vegetation (Endangered Ecological Community) and Mangrove vegetation; > Impacts on water quality resulting from potential erosion and sediment runoff during construction including acid sulphate soils; and > Weed infestation due to increased nutrients and mechanical spread by machinery.

6.2 Amelioration •

The ameliorative measures identified below are proposed to assist Council in its determinations. These measures are preliminary and subject to a more detailed assessment of any proposal submitted in a Development Application. It is not intended that the measures identified here will replace consideration of required amelioration pertinent to any future Development Application.

It is recommended that the following measures be undertaken in the development of the subject site to minimise and ameliorate the impacts of the proposed development:

Minimise the impact of the development on fauna habitats and fauna species. > Set aside the southern parts of the property for environmental protection purposes (refer Fig. 7); Set aside from development a riparian buffer (50m) along the western boundary of the site (along the eastern bank of Emigrant Creek); The development will be staged. Stage One - The northern half of the development area - will be developed first. Concurrently actively manage the grasslands immediately to the south of the Stage 2 development area to encourage use of the area by Grass Owls (refer Fig. 7). This will also serve to maintain existing Grass Owl habitat and reduce invasion by shrubs and exotic weed species such as Groundsel Bush;

Ref No BA040049 ASPECT , Eie.ig Mdal Photog pby—Phcogmmmeiy -Land &av.yig— Clvi - St,uuml Engioudng -Tom Plaivilng - Meglng - Envlmnnisntil 116 Lot 4, DP437419 Flora and Fauna Assessment

> Stage Two (refer Fig. 2) will be developed subject to the findings of a Grass Owl monitoring and habitat management program; Monitoring and habitat management will be in-accordance with the detailed Grass Owl habitat management plan to be incorporated into an Environmental Management Plan for the subject site. The Grass Owl habitat will be mapped, fenced and clearly delineated; and Measures to protect fauna species (such as frogs) should be employed e.g. installation of sediment traps on all drains, establishment of vegetated edges as part of the construction process.

Minimise the impact of site works on vegetation communities and native flora species. > Set aside the southern parts of the subject site for environmental protection purposes. This includes the Endangered Ecological Communities i.e. Coastal Salt Marsh and Swamp Oak communities and the riparian buffer along the western boundary of the subject site (along the eastern bank of Emigrant Creek); > Set aside from development a riparian buffer along the drain bisecting the centre of the proposed development area. This area to rehabilitated by way of management of environmental weeds and buffer plantings; > The boundary of the proposed development area will be fenced and clearly marked using coloured barriers during the development stage. This will • prevent access and incursin into Endangered Ecological Communities i.e. Coastal Saltmarsh and Swamp Oak communities; > Undertake a program to control environmental and noxious weeds within the subject site. This should focus on, but not be limited to removal of all exotic tree and shrub species within the site and the control of priority species such as the Groundsel Bush, Lantana, Broad leaved Pepper, Camphor Laurel, Coastal Morning Glory, and Crofton Weed; > Native trees and shrubs within the site to be retained where possible. Trees to be removed are to be identified and marked so as to avoid the removal of non-target trees; > Landscape plantings within the site should be dominated by species endemic to the site and of similar local ecosystems; > Plant operators are to be educated with regard to the retention of priority habitat areas and native flora and fauna species within the development site; > Waste material, including vegetation debris, is not to be pushed into the vegetation surrounding the site.; > Where appropriate Mangrove species along the eastern drain to be translocated to suitable areas in the south of the site. Plantings of Mangroves to be carried out in the south of the site to compensate for loss of any Mangroves; and > Where Mangroves are to be impacted a 'Permit to Harm Marine Vegetation' will be required. This to be carried out at the Development Application stage

Ref No BA040049 ASPECT Pgmmnetiy - Land Swv.ythg -CMI Englneeilng - SIniumI EngIne.iing -Town Planhing -Mapping - En*oninantal 117 Lot 4, DP437419 Flora and Fauna Assessment

and will involve a detailed address of the NSW Fisheries 'Minimum Requirements for Environmental Studies'.

Minimise the impact of site works on surface water quality, control erosion and minimise sediment transport from the site during all construction activities. > Maintain present water conditions wherever practically possible and minimise adverse construction impacts in particular alteration to hydrological regimes (salt and freshwater) potentially impacting coastal salt marsh vegetation (Endangered Ecological Community) and Mangrove vegetation; Construction to be staged wherever possible, so that the area disturbed at any time is limited to enable adequate management of potential impacts; > Appropriate erosion and sediment control structures and devices will be installed prior to construction of work. Sediment and erosion devices will be monitored and maintained throughout the period of construction; > During disturbance of the site, water runoff shall be directed to sediment control structures; and > Roads and access tracks to be watered regularly to minimise dust generation and transportation of sediment off the site.

The subject site contains significant environmental values. Thee values are primarily associated with the southern half of the property.

The proposal includes the setting aside of approximately 36.88 hectares for environmental protection purposes. This area supports extensive Saltmarsh wetlands, Swamp Oak forests, Melaleuca forests, Mangrove forests, Red Gum Forests and grasslands.

6.3 Environmental Management Plan

The subject site contains significant environmental values. These values are primarily associated with the southern half of the property.

It is proposed that an Environmental Management Plan be prepared for the subject site to accompany any future Development Application. The Plan will include the following:

> The plan should be specific to the subject site and should include the long-term management of threatened fauna species, including the Grass Owl and migratory waders;

Ref No BA040049 ASPECT Aetal Phcogmphy- Phctogmnvneliy - Land Suivayltig - CIvU Engineeving - Stiuuml Englneedng - Town Plandng - Mapclng - Environmental 118 Lot 4, DP437419 Flora and Fauna Assessment

> Prepare a Grass Owl habitat management plan - see below. This plan will be prepared following consultation with the Department of Environment and Conservation (DEC) who has given in-principle support to the proposal to prepare and implement a Grass Owl habitat management plan; > The long-term management of the Endangered Ecological Communities and riparian communities; > Restoration and rehabilitation of the riparian vegetation; Strategies for restoration and rehabilitation works; > Involvement of the local community and other organisations in the restoration works; Management strategies for the existing drains and associated Mangrove vegetation; > Siting and design of any public accessways, interpretative signage etc., > The active management and rehabilitation of the former wading bird roost site. This may include recreation of mudflats, open water, selective removal of invasive Mangroves, Swamp Oak and other shrubs and trees, exclusion of people, dogs and other predators and retention of tidal inundation if appropriate.

Grass Owl Habitat Management Plan. This plan will be prepared in consultation with the DEC who has given in-principle support to the proposal to prepare and implement a Grass Owl Habitat Management Plan.

It is proposed that development of Stage 2 of the proposal will be dependent upon the success or otherwise of the proposed Grass Owl habitat management program. It is also proposed that development of stage 2 does not occur until the Grass Owl habitat management program has been in operation for at least five years.

This Grass Owl Habitat Management Plan will include: > Identification and mapping of areas of potential Grass Owl habitat to be actively managed. These areas have been identified preliminarily at Figure 7 and encompass approximately 4.27 hectares; > Identification and mapping of Grass Owl habitat (potential and known) within the Lower Richmond valley so as to develop a regional context for the project; > Proposed timetable for management works. Management works should not occur during the breeding season; > Habitat and population monitoring protocols, including an assessment of practicalities of radio tracking the resident Grass Owl population; ) Survey methodologies and habitat management techniques; Identification of areas in which selective removal and management of invading trees and shrubs will occur. This should focus on the grassland areas as a first priority; > Prescription of weed, tree and shrub removal techniques;

Ref No 8A040049 ASPECT Land Enolneedng Aeslal Ptiotagmphy— Pholcgmminetiy - 8wvsy1n - CM - Stiuctural Englneedng - Town PIaMng - Mapptng - Envhcnmental 119 Lot 4, DP437419 Flora and Fauna Assessment

> Identification of areas proposed for mosaic slashing of grasses. This will require intensive grid searching for Grass Owl roosts and nests immediately prior to slashing; > Weed control and management prescriptions and will focus on species such as Groundsel Bush; and > Development of key outcomes and criteria against which the success or otherwise of the habitat management program can be assessed.

Ref No BA040049 ASPECT AeitaI Photography —Photagraminelty - Land Surveying - Civil Englneedng - Sfrueluml Englneeilng -Town Planning - Mapping. Envkon,nentai 120 Lot 4, DP437419 Flora and Fauna Assessment 0

Pajct B*040049 Da'e 10200b ScIe 1.4000@M ENVIRONMENTAL MANAGEMENT AREAS ASPECT ,iorih Limited. LOT 4 OP 537419 Ji660M Thn%wPOBOlc297 WK NIS AU*Sfm $ourte Mn" MA" In?OASPECT Noe Qrevm PHil,. ASPECT o r h 0g No 8A040049-EV8A 1

Figure 7. Proposed Environmental Management Areas.

Ref No BA040049 ASPECT 1)0111) A.vl.l Land &awyfrie Clvi Enianvlv Pb*1,.Jiy - Phoun.nuOy - - Sua.l C - Tom Pl.wrg- MuppUig - 121 Lot 4, DP437419 Flora and Fauna Assessment 01

7. Conclusion

This detailed flora and fauna assessment under Section 5A and 5C of the NSW Environmental Planning and Assessment Act 1979 has been prepared to provide information to assist with the proposed rezoning of Lot 4 DP 537419 Burns Point Ferry Road, West Ballina. It is submitted that:

> A number of threatened fauna species namely the Black Bittern, Australasian Bittern, Black-necked Stork, Brogla, Bush-hen, Grass Owl, Mangrove Honeyeater, Grey-headed Flying-fox, Black Flying-fox, Common Planigale, Little Bentwing-bat, Eastern Bentwing-bat, Eastern Long-eared Bat, Large-footed Myotis and the endangered ecological communities of Swamp Oak Floodplain Forest and Saltmarsh on Coastal Floodplains have potential to or do occur on the subject site and, as a result, various management measures and options have been recommended to retain and enhance significant habitats at the subject site so as to minimise any potential impacts on these species. Consequently, the proposed development is not likely to result in a significant effect (as described in Section 5A and 5C of the EP&A Act) on threatened species, populations or ecological communities (as listed in the TSC Act). Therefore, a Species Impact Statement is not required;

> The criteria contained in SEPP 44 have been addressed and a Koala Management Plan is not required;

> The proposed rezoning is not likely to result in a significant effect on the threatened species listed in the NSW Fisheries Management Act 1994, therefore a Species Impact Statement is not required; and

> The proposed rezoning will not have a significant impact on NES or Other Matters as described in the EPBC Act and therefore does not need to be referred to the Minister.

> The amelioration measures described in Section 6 be implemented into the design of any future development.

Ref No BA040049 ASPECT Aeital Photcgmphy—P ctogranneiy - Land &sv.yk — CM Engkwek,g - Stiudwal Engk1ee1tn -Town Planthig - M.ppng - Esndrcninental 122 Lot 4, DP437419 Flora and Fauna Assessment

8. References

Adam P., Wilson N.C., Huntley B., 1988, The phytosociology of coastal saltmarsh vegetation in New South Wales. Wetlands (Australia) 7,35-85.

ASPECT north, 2004, Grass Owl Survey of the Burns Point Ferry Road Development Site at Ballina. Unpublished report.

Ayers, D. 1995, Endangered Fauna of Western NSW, NSW National Parks and Wildlife Service, Hurstville.

Australasian Bat Society Inc., 2000, Proceedings of a Workshop to Assess the Status of the Grey-headed Flying-fox in New South Wales, Australasian Bat Society Inc., Sydney.

Baimford, R. 1990, 'Beach Thick-knee in North-west Queensland', Australian Bird Watcher 13 (6), pp. 203-204.

Bolton, K.G.E., 2001, North Coast Wetland Assessment Guide Manual, Paperbark Wetlands. Department of Land and Water Conservation and Southern Cross University.

Byron Shire Council, 1999. Byron Flora and Fauna Study 1999. A report prepared for Byron Shire Council. Byron Shire Council, Mullumbimby.

Churchill, S. 1998, Australian Bats, Reed New Holland, Sydney.

Cogger, H.G. 2000, Reptiles & Amphibians of Australia (6th edn), Reed New Holland, Sydney.

Davey, S.M., Dyre, G.R. & Bolton, M.P. 1993, Standardising attributes to describe forest fauna habitat in Australia. Working paper Bureau of Resource Science.

Department of Environment and Conservation (DEC), 2004c, Threatened Biodiversity Survey and Assessment Guidelines for Developments and Activities (Working Draft), New South Wales Department of Environmnet and Conservation, Hurstville, NSW.

Department of Environment and Hertiage, 2005) Oxleyan Pygmy-perch Species Profile. http:/ /www.deh.gov.au/ cgi-bin/sprat/ public/publicspecies.pI?taxon_id=64468.

Department of Environment and Conservation (DEC), December 2005a, Long-nosed Lakes Potoroo population at Cobaki and Tweed Heads West - profile. http:/ /ww.threatenedspecies.environment.nsw.gov.au/tsprofile/profile.aspx?id=10930

Department of Environment and Conservation (DEC), December 2005b, Emu population in the NSW North Coast Bioregion and Port Stephens LGA - profile. http; / /ww.threatenedspecies.environment.nsw.gov.au/ tsprofile/profile.aspx?id=10250

Ref No BA040049 ASPECT Aedal Photography - Photagrammetry - Land &aveylng.-CIvII Englneedng - SttuctwaI Englneedng - Town PIaning - Mapptng - Envtmn,nental 123 Lot 4, DP437419 Flora and Fauna Assessment

Dwyer, P.D. 1995, 'Common Bentwing-bat, Minicpterus schreibersii (Kuhl, 1987)', in The Mammals of Australia, ed. Strahan, R., Australian Museum/Reed New Holland, Sydney, Pp. 494 - 495.

Dwyer, P.D. 1995a, 'Little Bentwing-bat, Miniopterus australis (Tomes, 1858)', in The Mammals of Australia, ed. Strahan, R., Australian Museum/Reed New Holland, Sydney, pp. 492-493.

Ekert, P.A. and Brady, A.M., 2004, A Review of the Status of Breeding Osprey Pandion haliaetus cristatus in NSW (2003), A report to the NSW National Parks and Wildlife Service, Coffs Harbour.

Fitzgerald, M. and Thorstensen, C.R., 1994, Core/la 18: 87-88.

Garnett, S. 1992, Threatened and Extinct Birds of Australia, RAOU/ANPWS Report No. 82.

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

Gosper, D. and Holmes, G. 2002, Status of birds in the Richmond River district, New South Wales, 1973 - 2000. Core/la 26: 4, pp. 89 - 105.

Hall, L.S. 1995, 'Black Flying-fox, Pteropus alecto (Temminck, 1837)', in The Mammals of Australia, ed. Strahan, Australian Museum/ Reed Holland, Sydney, • R., New pp. 432- 433. Harden, G.J. (ed), 1993-2002. Flora of New South Wales. Vols. 1-4. University of New South Wales Publishing, Sydney.

Higgins, P.J. (ed) 1999, Handbook of Australian, New Zealand and Antarctic Birds, Volume 4, Parrots to Dollarbird, Oxford University Press, Melbourne.

Higgins, P.J. & Davies, S.J.J.F. (eds) 1996, Handbook of Australian, New Zealand and Antarctic Birds, Volume 3, Snipe to Pigeons, Oxford University Press, Melbourne.

Holmes, G. 1998, Shorebirds of the Richmond River Estuary. A study on behalf of the Ballina Shire Council, Unpublished report to Ballina Shire Council, Ballina.

Hutton, I. 1990, Birds of Lord Howe Island. Past and Present, Ian Hutton, Coffs Harbour.

Johnston, P.G. (2002). Long-nosed Potoroo, in Strahan, R. (ed.). 2002, in The Mammals of Australia. Revised Edition. Australian Museum and Reed New Holland publishers.

Kennedy, J. 2003, Draft Tallow Creek Floodplain Risk Management Study and Plan, Sinclair Knight Mertz, Spring Hill Qld.

Kingston M.B., Turnbull J.W., Hall P.W., 2004. Tweed Vegetation Management Strategy 2004. Report prepared for Tweed Shire Council by Ecograph.

Ref No BA040049 ASPECT Lend Engln.sdng Engln.edng Town Pani*ig Aeiial Pho ogrptiy - Phcogrammefry - &av.ylrg - CM - SMiduml - - Mapclng - Envtiuunental 124 Lot 4, DP437419 Flora and Fauna Assessment

Law, B.S., & Spencer, H.J. 1995, 'Common Blossom-bat, Syconycteris australis (Peters, 1867)', in The Mammals of Australia, ed. Strahan, R., Australian Museum/Reed New Holland, Sydney, pp. 423425.

Lunney, D., Barker, J., Leary, T., Priddell, R.W., O'Connor, P., & Law, B. 1995, 'Roost Selection in the North Queensland Long-eared Bat Nyctophilus bzfax (Thomas, 1915) (Chiroptera: Vespertilionidae) in Littoral Rainforest in the Iluka Word Heritage Area on the North Coast of New South Wales', Australian Journal of Ecology, 20,532 - 537.

Maciejewski, 5., 1994, The Microdistribution, Abundance and Habitat Preference of the Eastern Grass Owl, Tyto longimembris, in North-Eastern New South Wales, Unpublished Honours Thesis, Southern Cross University, Lismore.

Marchant, S. & Higgins, P.J. (eds) 1990, Handbook of Australian, New Zealand and Antarctic Birds, Volume 1, Ratites to Ducks, Oxford University Press, Melbourne.

Marchant, S. & Higgins, P.J. (eds) 1993, Handbook of Australian, New Zealand and Antarctic Birds, Volume 2, Raptors to Lapwings, Oxford University Press, Melbourne.

Martin, R.W. & Handasyde, K.A. 1995, 'Koala, Phascolarctos cinereus (Goldfuss, 1817)', in The Mammals of Australia, ed. Strahan, R., Australian Museum/Reed New Holland, Sydney, pp. 196- 198.

Meggs, T. 1993, The Distribution, Abundance and Habitat Preference of the Marbled Frogmouth in the Northern Rivers Region, University of New England, Thesis.

Menkhorst, P. & Knight, F. 2001, Field Guide to the Mammals of Australia, Oxford University Press, Melbourne.

Milledge, D, 1991, A Survey of the Terrestrial vertebrates of coastal Byron Shire. Australian Zoologist: 27, 66-90.

Miller, J. 1998. Habitat and Distribution of Small Dasyurid Marsupials within the Byron Shire, Northern NSW. Unpublished 3rd Year Project, Southern Cross University, Lismore.

Mitchell ML, Adam P (1989) The decline of saltmarsh in Botany Bay. Wetlands (Australia) 8, 55-60.

Morand, D.T. 1994, Soil Landscapes of the Lismore-Ballina - 1:100 000 Sheet Report, Department of Land and Water Conservation, Sydney.

Morcombe, M. 2004, Field Guide to Australian Birds, Steve Parish Publishing, Archerfield, Australia.

Morris, A.K., 2004, New South Wales Annual Bird Report 2002, Australian Birds 33:3.

NSW National Parks and Wildlife Service (NPWS), 1996, Information Circular No. 2: Threatened Species Assessment under the EP&A Act: The '8 Part Test' of Significance. NSW National Parks and Wildlife Service, Hurstville.

S Ref No BA040049 ASPECT Aeital PIictcgmply— Photogrami.etsy - Land Swv.ylng —Civil Ezeedng - Stsuural Engieesfn - Town Plan,dn - Maplng - Environmental 125 Lot 4, DP437419 Flora and Fauna Assessment

NSW National Parks and Wildlife Service (NPWS), 1999, Threatened Species Information - Grey-headed Flying-fox, NSW National Parks and Wildlife Service, Hurstvile.

NSW National Parks and Wildlife Service (NPWS), 2002, Threatened Species of the Upper North Coast of New South Wales - Fauna, NSW National Parks and Wildlife Service, Coffs Harbour.

NSW National Parks and Wildlife Service (NPWS), 2002b, Threatened Species of the Upper North Coast of New South Wales - Flora, NSW National Parks and Wildlife Service, Coffs Harbour.

NSW National Parks and Wildlife Service (NPWS), May 2003, NSW Scientific Committee - Final Determination - Lowland Rainforest on Floodplain in the NSW North Coast Bioregion - endangered ecological community listing http://www.nationalparks.nsw.gov.au/npws.nsf/Content/Lowland+Rainforest+on+Flo odplain+in+the+New+South+Wales+North+Coast+Bioregion+endangered+ecological+co mmunity+listing, (Accessed January 2005).

NSW National Parks and Wildlife Service (NPWS), June 2004a, NSW Scientific Committee - Final Determination - Littoral Rainforest in the NSW North Coast, Sydney Basin and South East Corner bioregions - endangered ecological community listing hup://www.nationalparks.nsw.gov.au/npws.nsf/Content/littoral_rainforest_endangere Sd, (Accessed January 2005).

NSW National Parks and Wildlife Service (NPWS), June 2004b, NSW Scientific Committee - Final Determination - Coastal Saltmarsh in the NSW North Coast, Sydney Basin and South East Corner bioregions - endangered ecological community listing http:/ /www.nationalparks.nsw.gov.au/npws.nsf/Content/coastal_saltmarsh_endangere d, (Accessed January 2005).

NSW National Parks and Wildlife Service (NPWS), December 2004c, NSW Scientific Committee - Final Determination - Subtropical Coastal Floodplain Forest of the NSW North Coast Bioregion - endangered ecological community listing http://www.nationalparks.nsw.gov.au/npws.nsf/Content/coastal_floodplain_endanger ed, (Accessed January 2005).

NSW National Parks and Wildlife Service (NPWS), December 2004d, NSW Scientific Committee - Final Determination - Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner Bioregions - endangered ecological community listing http:/ /www.nationalparks.nsw.gov.au/npws.nsf/Content/ swamp_oak_floodplain_end angered, (Accessed January 2005).

NSW National Parks and Wildlife Service (NPWS), December 2004e, NSW Scientific Committee - Final Determination - Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner Bioregions - endangered ecological community listing http:/ /www.nationalparks.nsw.gov.au/npws.nsf/Content/ freshwater_wetlands_endan gered, (Accessed January 2005).

Ref No BA040049 ASPECT Awlal Pho japhy—Phocgsimmetsy - Land Suivaylng —CM Englnoeilng - Sfrudwal Englneedng - Town Flanidng —Miping - Envlmnmental 126 Lot 4, DP437419 Flora and Fauna Assessment S NSW National Parks and Wildlife Service (NPWS), December 2004f, NSW Scientific Committee - Final Determination - Swamp Sclercvphyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner Bioregions - endangered ecological community listing http://www.nationalparks.nsw.gov.au/npws.nsf/Content/swamp_sclerophyll_forest_c oastal_floodplains_endangered, (Accessed January 2005).

Peter Parker Environmental Consultants Pty. Ltd., 1997, An Environmental Assessment of Mariners Point, Lot 4 DP 537419, Ballina Shire. June, 1997. Report for Steel and Associates Pty. Ltd.

Pizzey, G. 1991, A field guide to the birds of Australia, Revised Edition, Angus and Robertson, Sydney.

Pyke, G.H. and White, A.W. 1996, Habitat requirements for the Green and Golden Bell Frog Litoria aurea (Anura: Hylidae), Australian Zoologist 30:2, pp. 224-217.

Pyke, G.H., White, A.W., Bishop, P.J. and Waldman, B. 2002, Habitat-use by the Green and Golden Bell frog Litoria aurea in Australia and New Zealand, Australian Zoologist 32:1, pp. 12-31.

Recher, H. F., Date, E.M. & Ford, H. A. 1995, The Biology and Management of Rainforest Pigeons in NSW, Species Management Report Number 16, NSW National Parks and S Wildlife Service, Hurstville. Redhead, T.D. 1995, Common Planigale, Planigale maculata (Gould, 1851)', in The Mammals of Australia, ed. Strahan, R., Australian Museum/Reed New Holland, Sydney, pp. 111-112.

Richmond Regional Vegetation Committee (RRVC), 2002, Draft Richmond Regional Vegetation Management Plan, Department of Land and Water Conservation, Alstonville.

Robinson, M. 1998, A Field Guide to Frogs of Australia from Port Augusta to Fraser Island including Tasmania, Reed New Holland, Sydney.

Saintilan, N. and Williams, R.J., 1999, Mangrove transgression into saltmarsh environments in south-east Australia. Global Ecology and Biogeography 8, 117-124.

Saintilan, N. and Williams R.J., 2000, The Decline of Saitmarshes in Southeast Australia: Results of Recent Survey. Wetlands (Australia) 18,49-54.

Saintilan, N. 2003, The less obvious impacts of human settlement. In 'Straw P. (Ed). Status and Management of Migratory Shorebirds in Sydney. Sydney Olympic Park Authority.

Schodde, R. & Mason, I.J., 1980, Nocturnal Birds of Australia, Lansdowne, Melbourne.

Scotts, D. 2003, Key Habitats and Corridors for Forest Fauna: A Landscape Framework for Conservation in North-east New South Wales. NSW NPWS Occasional Paper 32, NSW National Parks and Wildlife Service, Sydney

Ref No BA040049 ASPECT , Aaital Photography— Photcgi.mmetry - Land Swveytog - CM EstgIneeiki - Stsuumi Engkieedng - Town Plwudng —Mapptog - Evhoivnsntai 127 Lot 4, DP437419 Flora and Fauna Assessment is

Simpson, K. & Day, N. 1996, Field Guide to the Birds of Australia, Viking Publishing, Ringwood, Victoria.

Soule and Gilpin, 1991, 'The Theory of Wildlife Corridor Capability', in Nature Conservation 2: The Role of Corridors, eds. Saunders, D.A & Hobbs, R.J., Surrey Beattie & Sons, Chipping Norton.

Specht, R.L. & Specht, A. 1999, Australian Plant Communities: Dynamics of Structure, Growth and Biodiversity, Oxford University Press, Melbourne.

State Forests of New South Wales, 1995, Casino Management Area - Environmental Impact Statement, Vol C, Proposed Forestry Operations - Schedule 12 Fauna, State Forests of New South Wales, Northern Region.

Strahan, R. (ed), 1995, The Mammals of Australia, Australian Museum/Reed New Holland, Sydney.

Straw P. 1999, Hunter River Estuary Wader Habitat Investigation. Unpublished report to NSW National Parks and Wildlife Service.

Thackway, R. & Creswell, I.D. (1995), An interim biogeographic regi onalisation for Australia: a framework for establishing the national system of reserves, Version 4, Australian Nature SConservation Agency, Canberra.

Tideman, C.R. 1995, 'Grey-headed Flying-fox, Pteropus poliocephalus (Temmink, 1825)', in The Mammals of Australia, ed. Strahan, R., Australian Museum/Reed New Holland, Sydney, pp. 439-441.

James Warren and Associated Pty Ltd (Warren), 1998, Flora and Fauna Assessment for the Proposed rezone of Land at Burns Point Ferry Road, Ballina. Unpublished report to Steel and Associates Pty Ltd.

Woodall, P.F. & Woodall, L.B. 1989, 'Daily activity and feeding behaviour of Beach thick-knee Burhinus neglectus on North Keppel Island', Queensland Naturalist 29, pp. 71-75.

Ref No BA040049 ASPECT Land &tveyg—CNN Town Flani*ig Aedal Ph hy—Phctcgrammaliy- Essedn - Sbuctuml Engkis.dng - - Mapping - Environmental 128 Lot 4, DP437419 Flora and Fauna Assessment

9. Appendices

Appendix A - Flora Species Detected Native Flora Species Scientific Name Common Name Occurrence3 Conservation Status Ferns Acrostichum speciosum Mangrove Fern 1 Aspienium australasicum Birds Nest Fern 2 Blechnum indicum Swamp Fern 2 Cyciosorus interruptus Z4 Hypolepis muelieri Harsh Ground Fern 2,4 Piatijcerium bifrrcatum Elkhorn 2,4 Pteridium esculentum Bracken Fern 2,7

Grasses Imperata cylindrica Blady Grass 7 Leersia hexandra Rice Grass 2,3 Paspalum disH chum Water Couch 1, 2, 3 Phragmites aus trails Common Reed 1, 2, 3,4, 5, 6, 7 S Sporobolus virginicus Salt Couch 1, 2,3,4,6 Sedges and Rushes Baumea articulata Jointed Twig Rush 6 Cyperus exaltatus Sedge Z7 Juncus kraussii Maritime Rush 6 Juncus usitatus Tussock Rush Z7 Schoenoplectus mucronatus River Clubrush 2 Typha on entails Bull Rush 9

Vines and Epiphytes Amyema cambagei A Mistletoe Z3 Geitonopiesium cymosum Scrambling Lily 2, 3,4 Nothotoxis subareus Golden Mistletoe 1, 2, 3, 4 Pandorea pandorana Wonga Vine 2, 3,4 Parsonsia stramina Common Silkpod 2, 3,4 Platycenium bifurcatum Elkhorn 2, 3,4 Smilax austraiis Austral Sarsparilla 2, 3, 4

Herbs and Groundcovers, Commelina cyanea Commelina 2, 3,4, 7

3 1=Mangroves, 2 & 3=Swamp Oak, 4=17orest red Gum, 5=Acacia dominated, 6=Coastal Saltmarsh, 7= Grassland Mosaic, 8= Grassland Mowed, 9=Mixed Regrowth, 10=Lantana regrowth.

Ref No BA040049 ASPECT Aeital Phctcgraphy— Ptioogmmrnevy -Land &xveyIn - Civil Enne.dn9 - Struur.I Engkeeslng - Town Plan.*g— Maping - Environmental 129 Lot 4, DP437419 Flora and Fauna Assessment

Scientific Name Common Name Occurrence3 Conservation Status Einadia hastata Berry Saitbush 6 Ludwigia octovalvis Water Primrose 7 Persicaria lopathifolia Pale Knotweed 7 Persicaria strigosa Knotweed 7 Sarcocornia guingueflora Samphire 6 Suaeda australis Seablite 6 Tetragonia tetragoniodes New Zealand 1,6 Spinach Viola hederacea Native Violet 2, 3,4

Shrubs and Trees Acacia melanoxylon Blackwood 5,7 Acacia sophorae Coastal Wattle 7 Aegiceras corniculatum River Mangrove 1,6 Aiphitonia excelsa Red Ash 2, 3, 4 Austromyrtus dulcis Midgenberry 2 Avicennia marina var. Grey Mangrove 1,6 australiasica Callistemon saligna White Bottle Brush 2, 3, 4 Casuarina glauca Swamp She Oak 2, 3, 4, 7 Commersonia bartramia Brown Kurrajong 2, 3,4 Cupaniopsis anacardioides Tuckeroo 2, 3,4 S Eucalyptus robusta4 Swamp Mahogany n/a Eucalyptus tereticornis Forest Red Gum 2,3 Ficus coronata Creek Sandpaper Fig 2,3 Ficus obligua var. obligua Small Leaved Fig 2,3 Ficus virens var. suiblanceolata White Fig 2,3 Hibiscus diversifolius Swamp Hibiscus 2,3, 7 Jagera pseudorhus Foambark 2, 3, 4 Lophostemon suaveol ens Swamp Box 2,3 Madura cochinchinensis Cockspur 2,3 Mel a! euca quinquinervia Broad-Leaved 2,3 Paperbark Mel a! euca stypheliodes Prickle-Leaved 2, 3, 4 Paperbark Myaporum acuminatum Boobialla 2,3 Wickstroemia indica Bootlace Bark 17

4 Warren (1998) record only.

Ref No BA040049 ASPECT Aeital Phot.phy_PhcbnJanvnefly - Land &i,v.ykig - CM En*,.. - Sbudzaml Engkieedng - Tom FI.iw*g-Map - Environmental 130 Lot 4, DP437419 Flora and Fauna Assessment

Exotic Flora Species Scientific Name Common Name Occurrence Conservation Status Vines Ipomea cairica Coastal Morning 1, 2, 3, 4, 5, 7, n/a Glory 9,10 Ipomea purpurea Morning Glory 2,3,4, 5, 7 n/a Passiflora aurantea White Passionfruit 2,3,4, 5, 7 n/a Passiftora suberosa Corky Passionfruit 2, 3,4, 5, 7, n/a Solanum seaforthianum Climbing 2, 3,4, 5, 7, 10 n/a Nightshade n/a Herbs and Groundcovers Ageratum houstonianum Blue Billygoat Weed 3,7 n/a Asparagus densiflorus Ground Asparagus 2,3 n/a Aster sp. 7 n/a Bidens pilosa Cobbler's Pegs 7 n/a Cirsum vu! gare Thistle 7 n/a Hydrocotyle bonariensis Pennywort 7 n/a Oxalis sp. An Oxalis 7 n/a Rumex sp. A Dock 7 n/a Senecio madagascariensis Fireweed 7 n/a Sida rhombifolia Paddy's Lucerne 7 n/a Solanum nigrum Blackberry 7 n/a S Nightshade Grasses Axonopus affinis Carpet Grass 7,8 n/a Chloris gayana Rhodes Grass 7,8 n/a Cynodon dactylon Common Couch 2, 3, 7,8 n/a Eleuisine indica Crows foot Grass 7,8 n/a Melinius minutiflora Molasses Grass 7 n/a Paspalum dilatatum Paspalum 7,8 n/a Paspalum vaginatum 7 n/a Paspalum weinstedii Broad leaf Paspalum 7,8 n/a Pennisetum clandestinum Kikuyu 7,8 n/a Seteria spachelata Pigeon Grass 7 n/a Stenotaphrum secundatum Buffalo Grass 2,3,4, 7, 8 n/a

Shrubs and Trees Asciepias curassavica Redhead Cotton 7 n/a Bush Baccharis halimifolia Groundsel Bush 2, 3,4, 5, 7,9 n/a Cest rum nocturnum Night Cestrum 2,3, 7 n/a Cinnamomum camphora Camphor Laurel 2,4 n/a Erythrina cr1 sta-galli Cocks Spur Coral 9 n/a Tree

S Ref No BA040049 ASPECT .Land &,v.yfrig CM EI*eIg AetaI Photogmphy- Pflotogrammetty - - 8tsuumI Engieei1ng - Town Pwvng- Mipping - Environmental 131 Lot 4, DP437419 Flora and Fauna Assessment is

Scientific Name Common Name Occurrence Conservation Status Goinphocatpus physocarpus Balloon Cotton Bush 7 n/a Lantana camaro Lantana 2,3,4, 7, 9, 10 n/a Magrnfera indica Mango 9 n/a Schinus terebinthifolius Broad leaf Pepper 2,3,4, 7 n/a Scheffi era actinophylla Umbrella Tree 2,3,4 n/a Senna glabrata var. pendula Winter Senna 2, 3,4 n/a Solanum mauritianum Wild Tobacco 2,3,4 n/a

Ref No BA040049 ASPECT Land &tveylng CM Ennoug Engkmedng Ton PI.vng Aedal Phalcephy-PhotcgmnansUy - - -Stsuw.I - -M.cpug - Ei*cnmeidal 132 Lot 4, DP437419 Flora and Fauna Assessment

Appendix B - Fauna Species Detected

JW GH SD Common Name PP An25 Scientific Name 1997 1998 1998 1997 Amphibians Eastern Sign-bearing Frog Crinia parinsignifera Common Eastern Froglet Crinia Signzfi era 0 W W Marsh Frog Limnodynastes peroni - - Eastern Dwarf Tree Frog Litoriafallax - - - 0 Cane Toad Bufo marinus 0 0 Reptiles Eastern Brown Snake Pseudonaja textilis 1 Short-necked Tortoise Emidura sp. 1 Grass Skink Lampropholus delicata 0 Eastern Water Dragon Physignathus lesuerurii - - Avifauna - Australian Brush-turkey Alectura lathami nest Brown Quail Coturnix ypsilophora - - 2 Australian Wood Duck Qienonetta jubata - 0 - 2 Pacific Black Duck Anus superciliosa 0 4 Australian Pelican Pelecanus conspiciflatus - 1 8 Darter Anhinga me! anogaster 1 2 Great Cormorant Pha!acrocorax carbo 1 S Pied Cormorant Phalacrocorax varius - I - Little Black Cormorant Phalacrocorax sulcirostris 4 Little Pied Cormorant Phalacrocorax 1 1 melanoleucos White-necked Heron Ardea pacifica 3 1 White-faced Heron Egretta novaehollandiae - 0 7 4 Cattle Egret Ardea ibis 12 Great Egret Ardea alba - - 1 - Nankeen Night-heron Nycticorax caledonicus - - - 1 Striated Heron Butorides striatus - - 2 Australian White Ibis Threskiornis molucca 0 6 10 Royal Spoonbill Platalea regia 1 1 Whistling Kite Haliastur sphenurus - - 2 2 Brabminy Kite Haliastur indus - - 2 1 * Osprey Pandion haliaetus - - 1 1 White-bellied Sea-Eagle Haliaeetus leucogaster - - 2 1 Buff-banded Rail Gallirallus philippensis - - 1 2 Dusky Moorhen Gallinula tenebrosa - - 4 Purple Swamphen Porphyrio porphrio - - - 1 Latham's Snipe Gallinago hardwickii - - 2 - 2 1 Bar-tailed Godwit Limosa lapponica - - 60 Eastern Curlew Numenius 33 2

S Ref No BA040049 ASPECT Mital PtiotompIy—Photogminmetry - Land &veybg - cM EnsednU - Stnidumi Eng ieeitng - Town PIang - M.pg - E,Mmnmantal 133 Lot 4, DP437419 Flora and Fauna Assessment

PP JW GH SD An2005 Common Name Scientific Name 1997 1998 1998 1997 madagciscariensis Whimbrel Numenius phaeopus - - 1 - - 1 Common Greenshank Tringa nebularia 20 - 2 Marsh Sandpiper Tringa stagnatilis - 1 3 - Curlew Sandpiper Gilidrisferruginea - 2 3 - Red-necked Stint Calidris ruficollis - 9 1 Sharp-tailed Sandpiper Calidris acuminata - 65 50 - Pacific Golden Plover Pluvialisfrlva - 28 - Red-capped Plover Oiaradrius ruficapillus 7 - - Masked Lapwing Vanellus miles - 28 - 5 - 4 * Pied Oystercatcher Haematapus longirostris - 1 Black-winged Stilt Himantopus himantopus - 0 -- 86 7 - Silver Gull Larus novarhollandiae 3 - 10 Crested Tern Sterna bergii 1 5 Spotted Turtle-dove Streptopelia chinensi - - 3 2 Crested Pigeon Ocyphaps lophotes 1 6 Bar-shouldered Dove Geopelia humeralis - 2 Galah Cacatua roseicapilla - - 2 2 Rainbow Lorikeet Trithoglossus haematodus - - 2 6 Scaly-breasted Lorikeet T. thlorolepiditus - - - 5 2 Brush Cuckoo Cacomantis variolosus - - 1 Horsfield's Bronze-cuckoo Chrysococyx basalis 1 S Common Koel Eudynamys scopacea - - - 1 - * Grass Owl Tyto capensis - - - - 2 White-throated Needle-tail Hirundapus caudacutus - - - 6 Sacred Kingfisher Todiramphus sanctus - - 2 Rainbow Bee-eater Merops ornatus 2 Red-backed Fairy-wen Malurus melanocephalus - 15 Superb Fairy-wren Malurus cyaneus - 0 - 5 Variegated Fairy-wren Malurus lamberti - - 2 - White-browed Scrubwren SerIcornisfrontalis - - - - 4 Mangrove Gerygone Gerggone laevigaster - - 2 14 Brown Thornbill Acanthiza pusilla - - - 3 4 Striped J-Ioneyeater Plectorhyncha lanceolata - - - 3 Lewin's Honeyeater Meliphaga lewinii - - - 4 Brown Honeyeater Lichmera indistincta - - - - 1 5 White-cheeked Honeyeater Phylidonyris nigra - - Eastern Yellow Robin Eopsaltria australis - - - - 2 Eastern Whipbird Psophodes olivaceus - - - - 2 Rufous Whistler Pachycephala rufiventris - 1 1 Grey Shrike-thrush Colluricincla harmonica - - 1 2 Magpie-lark Grallina cyanoleuca - - - 1 2 Spangled Drongo Dicrurus bracteatus - - - 1 Willie Wagtail Rhipidura leucophrys - - - 1 r 1 - - -

Ref No BA040049 ASPECT Town Mappg AeitnJ Pflo(ogrephy - Ptio(ogranunelry Land Stve*g—CM Englneedng - Sbudural Engie.dng - PIaiwng - - Envimninental 134 Lot 4, DP437419 Flora and Fauna Assessment

JW GH SD An2005 Common Name Scientific PP Name 1997 1998 1998 1997 Grey Fantail Rhipiduraftuliginosa 2 2 Varied Triller Lalage leucornela 1 Black-faced Cuckoo-shrike Coracina novaehoiiandiae 2 2 Olive-backed Oriole Oriolus sagittatus 1 Figbird Sphecotheres viridis - - 1 - White-breasted Artamus leucorynchus 5 9 Woodwallow Pied Butcherbird Cracticus nigrogularis 2 Australian Magpie Gyinnorhina tibicen 2 2 Pied Currawong Strepera graculina 2 Torresian Crow Corvus orru 1 4 Welcome Swallow Hirundo neoxena 3 3 Fairy Martin Hirundo ariei 8 Silvereye Zosterops lateralis 3 4 Mistletoebid Dicaeunz hirundinaceuni 3 1 Australian Reed-warbler Acrocephalus australis 1 Tawny Grassbird Megalurus tirnoriensis 5 12 Golden-headed Cisticola Cistiicoa exilis 0 7 18 Australian Pipit Anthus aust rails 1 Chestnut-breasted Lonchura castaneothorax 4 Mannikin Red-browed Finch Neochmia ternporalis 3 S Mammals Northern Brown Bandicoot Isoodon macrourus T Swamp Wallaby Wallabia bicolor S. H Possum Trichosauus sp. Ht * Grey-headed Flying-fox Pteropus poliocephalus 0 0 * Black Flying-fox Pteropus alecto 0 * White-striped Freetail Bat Nyctinomus australis Ana A Freetail-bat Mormopterus sp. Ana Black Rat Rattus rattus I - House Mouse Mus musculus T Fox Vuipes vuipes S Dog Canisfamuliaris - S Key:Bandicoot sp. 0 Observed, Heard calling, - W - S - Scat or track, Ana - Anabat, T - Trapped, H - Hair sample. * Signifies a species listed under the TSC Act. PP - P. Parker (1997); JW - J. Warren and Associates (1998); GH - Glenn Holmes and Associates (1998); SD - Stephen Debus (1998); An - ASPECT north (this study).

Ref No BA040049 ASPECT Aedal Pho(cgrspy-Pt Land &rvsykig-CM Engineedag Toee FI.iflng- otcmmmsiy - Sindurul Engkieedng - Mspping - Emlrciaiiental 135 Lot 4, DP437419 Flora and Fauna Assessment

Appendix C - Summary Descriptions of Endangered Ecological Communities

'Lowland Rainforest on the Floodplain', in an undisturbed state, is a closed canopy forest characterised by its high species richness and structural complexity. In disturbed stands the canopy continuity may be broken, or the canopy may be smothered by exotic vines (NPWS, 2003). The NSW Scientific Committee's determination includes a list of plant species that characterise NSW rainforest communities that occur on floodplains. The floodplain is defined as the area of land affected by the 1 in 100 year flood event.

'Littoral Rainforest' is generally a closed forest, the structure and composition of which is strongly influenced by proximity to the ocean. The plant species in this ecological community are predominately rainforest species with evergreen mesic or coriaceous leaves. Several species have compound leaves and vines may be a major component of the canopy. The canopy is dominated by rainforest species; however scattered emergent individuals of sclerophyll species may occur (NPWS 2004a). The NSW Scientific Committee's determination (NPWS 2004a) provides a list of characteristic species of littoral rainforest.

'Coastal Saltmarsh' is the name given to the ecological community occurring in the intertidal zone on the shores of estuaries and lagoons including when they are intermittently closed along the NSW coast. The community is frequently found as a zone landward of mangrove stands (NPWS 2004b). The NSW Scientific Committee's determination (NPWS 2004b) includes a list of plant species which are characteristic of S coastal saltmarsh. 'Subtropical Coastal Floodplain Forest' is the name given to the ecological community associated with clay-barns and sandy barns, on periodically inundated alluvial flats, drainage lines and river terraces associated with coastal floodplains. Floodplains are level landform patterns on which there may be active erosion and aggradation by channelled and overbank stream flow with an average recurrence interval of 100 years or less. Subtropical Coastal Floodplain Forest generally occurs below 50m, but may occur on localised river flats up to 250m elevation in the NSW North Coast Bioregion. The structure of the community may vary from tall open forests to woodlands, although partial clearing may have reduced the canopy to scattered trees. Typically these forests and woodlands form mosaics with other floodplain forest communities and treeless wetlands, and often they fringe treeless floodplain lagoons or wetlands with semi-permanent standing water (NPWS 2004c).

The composition is primarily determined by the frequency and duration of waterlogging and the texture, nutrient and moisture content of the soil. The combination of features that distinguish the community from other endangered ecological communities on coastal floodplains include: its' dominance by a mixed eucalypt canopy, often with Lophostetnon suaveolens; the presence of rainforest elements as scattered trees or understorey plants; the relatively low abundance of Eucalyptus robusta; and the prominent groundcover of soft-leaved forbs and grasses. It may occupy central or marginal parts of floodplains and sandy flats, including Pleistocene back-barrier flats; habitats where flooding is periodic and soils are rich in silt and sand, sometimes humic, and show little influence of saline

Ref No BA040049 ASPECT Asital Photography - Phc(cgwmm&iy - Land Swveyk - CM Fnneei1ng - St,uctural Engkoeft - Town Ptannlng - Mep - 136 Lot 4, DP437419 Flora and Fauna Assessment

groundwater. The community may adjoin or intergrade with several other endangered ecological communities, which collectively cover all remaining native vegetation on the coastal floodplains of NSW (NPWS 2004c). The NSW Scientific Committee's determination (NPWS 2004c) provides a list of characteristic species of Subtropical Coastal Floodplain Forest.

'Swamp Oak Floodplain Forest' is associated with grey-black clay-barns and sandy barns, where the groundwater is saline or sub-saline, on waterlogged or periodically inundated flats, drainage lines, lake margins and estuarine fringes associated with coastal floodplains. The structure of the community may vary from open forests to low woodlands, scrubs or reedlands with scattered trees. Typically these forest, woodlands, scrubs and reedlands form mosaics with other floodplain forest communities and treeless wetlands, and often they fringe treeless floodplain lagoons or wetlands with semi-permanent standing water. The composition is primarily determined by the frequency and duration of waterlogging and the level of salinity in the groundwater (NPWS 2004d).

The community forms part of a complex of forested wetland and treeless wetland communities found throughout the coastal floodplains of NSW. The combination of features that distinguish the community from other endangered ecological communities on the coastal floodplains include: its' dominance by a tree canopy of either Casuarina glauca or, more rarely, Melaleuca ericifoiia with or without subordinate tree species; the relatively low abundance of Eucalyptus species; and the prominent groundcover of forbs and graminoids. It generally occupies low-lying parts of floodplains, alluvial flats, drainage lines, lake margins and fringes of estuaries; habitats where flooding is periodic and soils show some influence of saline groundwater. This latter habitat feature sets it S apart from other floodplain communities (NPWS 2004d). The NSW Scientific Committee's determination (NPWS 2004d) provides a list of characteristic species of Swamp Oak Floodplain Forest.

'Freshwater Wetlands on Coastal Floodplains' is the name given to the ecological community associated with periodic or semi-permanent inundation by freshwater, although there may be minor saline influence in some wetlands. They typically occur on silts, muds or humic barns in depressions, flats, drainage lines, back swamps, lagoons and lakes associated with coastal floodplains. The DEC (2004b), describes floodplains as level landform patterns on which there may be active erosion and aggradation by channelled and overbank stream flow with an average recurrence interval of 100 years or less. Freshwater Wetlands on Coastal Floodplains generally occur below 20m elevation in the NSW North Coast, Sydney Basin and South East Corner Bioregions. The structure of the community may vary from sedgelands and reedlands to herbfields, and woody species of plants are generally scarce. Typically wetlands form mosaics with other floodplain communities, and often they include or are associated with ephemeral or semi-permanent standing water (NPWS 2004e).

The composition of Freshwater Wetlands on Coastal Floodplains is primarily determined by the frequency, duration and depth of waterlogging and may be influenced by the level of nutrients and salinity in the water and substrate. The community may adjoin or intergrade with several other endangered ecological communities, which collectively cover all remaining native vegetation on the coastal floodplains of New South Wales (NPWS 2004e). The NSW Scientific Committee's determination (NPWS 2004e) provides a

Ref No BA040049 ASPECT AedaI Photograpliy_Photogranuiwtry - Land Swv.ykg— CM Enn.o,kg - Sttuctuml Er4kwwhv - Town PIan.*lg—M.pdng - En*cnmsntil 137 Lot 4, DP437419 Flora and Fauna Assessment

S list of plant species which are characteristic of Freshwater Wetlands on Coastal Floodplains.

'Swamp Sclerophyll Forest' is the name given to the ecological community associated with humic clay barns and sandy barns, on waterlogged or periodically inundated alluvial flats and drainage lines of coastal floodplains. These floodplains generally occur below 20m (though sometimes up to 50m) elevation, often on small floodplains or where the larger floodplains adjoin lithic substrates or coastal sand plains. The structure of the community is typically open forest, although partial clearing may have reduced the canopy to scattered trees. In some areas the tree stratum is low and dense, so that the community takes on the structure of the scrub. The community also includes some areas of fen-land and tall reedland or sedgeland, where trees are very sparse or absent. Typically these forests, scrubs, femlands, reedlands and sedgelands form mosaics with other floodplain forest communities and treeless wetlands, and often they fringe treeless floodplain lagoons or wetlands with semi-permanent standing water (NPWS 2004f).

The composition of Swamp Sclerophyll Forest on Coastal Fboodplains is primarily determined by the frequency and duration of waterlogging and the texture, nutrient and moisture content of the soil. The combination of features that distinguish the community from other endangered ecological communities on the coastal floodplains include: its relatively dense tree canopy dominated by Eucalyptus robusta, Mel aleuca quinqueneivia or E. botryoides; Casuarina glauca or Lophosteinon suaveolens; the occasional presence of rainforest elements as scattered trees or understorey plants; and the prominence of large sedges and ferns in the groundcover. It generally occupies small alluvial flats and peripheral parts of floodplains where they adjoin lithic substrates or coastal sandplains. The soils are usually S waterlogged, stained black or dark grey with humus, and show little influence of saline ground water (NPWS 2004f). The NSW Scientific Committee's determination (NPWS 2004e) provides a list of characteristic species of Swamp Sclerophyll Forest.

Ref No 8A040049 ASPECT -Land &awyig-ClvU Enwuikig Ptwang- Mapping MitaI Phatogiaphy- Phc(ogranunstiy - S1njuraI Eigfresstng - Town - En*cnmwn1 138 Lot 4, DP437419 Flora and Fauna Assessment (b Appendix D - Fauna Habitat Conservation Values

The habitat value of the site was assessed using methodology developed by ASPECT north. This methodology is based on a habitat evaluation system established by Bolton (2001) and draws on information sourced from Davey et. al, (1993) and Kennedy (2003). For the purposes of assessment, this set of criteria aims to demonstrate simply the habitat potential of the subject site for all of the fauna groups.

Habitat Conversion Table

Habitat Value (refer Table 4) Score Habitat Value (refer Table 4) Score <5 0 25-26 11 5-6 1 27-28 12 7-8 2 29-30 13 9-10 3 31-32 14 11-12 4 33-34 15 13-14 5 35-36 16 15-16 6 37-39 17 17-18 7 39-42 18 19-20 8 43-45 19 21-22 9 >45 20 S 23-24 10 Habitat Index Habitat Value from table above (12)/20 X 100 = 60%

Habitat Index Conservation Value >85% Excellent >75-85% Very Good >65-75% Good >55-65% Medium >45.55% Poor to Average 3545% Poor <35% Very Poor Source: derived from Bolton (2001).

R N BA040049 ASPECT Aedal Photography- Phctogramniehy - Land &tv.ytog- CM Esssdng - Stndwal Engtoeollng -Town Planning-Mapping - Environmental 139