Native Vegetation Clearance

Proposal – Casanova Borrow Pit

Data Report

Clearance under the Native Vegetation Regulations 2017 January 2021 Prepared by Matt Launer from BlackOak Environmental Pty Ltd

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Table of contents

1. Application information 2. Purpose of clearance 2.1 Description 2.2 Background 2.3 General location map 2.4 Details of the proposal 2.5 Approvals required or obtained 2.6 Native Vegetation Regulation 2.7 Development Application information (if applicable) 3. Method 3.1 Flora assessment 3.2 Fauna assessment 4. Assessment outcomes 4.1 Vegetation assessment 4.2 Threatened assessment 4.3 Cumulative impacts 4.4 Addressing the Mitigation hierarchy 4.5 Principles of clearance 4.6 Risk Assessment 4.7 NVC Guidelines 5. Clearance summary 6. Significant environmental benefit 7. Appendices 7.1 Fauna Survey (where applicable) 7.2 Bushland, Rangeland or Scattered Tree Vegetation Assessment Scoresheets (to be submitted in Excel format). 7.3 Flora Species List 7.4 SEB Management Plan (where applicable)

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1. Application information

Application Details Applicant: District Council of Lower Eyre Peninsula Key contact: Marc Kilmartin M: 0438 910 777 E: [email protected] Landowner: John Casanova Site Address: Approximately 550 m east of Fishery Bay Road Local Government District Council of Lower Eyre Hundred: Sleaford Area: Peninsula Title ID: CT/6040/530 Parcel ID D79767 A63

Summary of proposed clearance Purpose of clearance To develop a Borrow Pit. A Borrow Pit is a deposit of natural gravel, loam or earth that is excavated for use as a road making material. Native Vegetation Regulation Regulation 12, Schedule 1; clause 34 – Infrastructure. Description of the vegetation 2.36 ha of Eucalyptus diversifolia ssp. diversifolia, Eucalyptus angulosa Mallee over under application sclerophyll shrub mix in good condition (Vegetation condition score: 49.28). Total proposed clearance - 2.36 ha of Eucalyptus diversifolia ssp. diversifolia, Eucalyptus angulosa Mallee over area (ha) and number of trees sclerophyll shrub mix is proposed to be cleared. Level of clearance Level 4. Overlay (Planning and Design Native Vegetation Overlay. Code) Map of proposed clearance area

Mitigation hierarchy Ideally the borrow pit would be located in an area close by already devoid of native vegetation. Marc Kilmartin from the District Council of Lower Eyre

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Peninsula has had several discussions with the landholder about potentially developing a borrow pit in arable land, in an area close by already devoid of native vegetation. The landholder is not in agreeance with this recommendation as the arable land is too valuable for farming purposes (cereal cropping and sheep grazing). If the proposal is successful the proponent will clearly mark on ground areas that are to be avoided at all times to prevent unintended impacts or accidental clearance. This will include the south-western boundary where the Project area adjoins native vegetation. SEB Offset proposal Payment of $59,413.11 (Payment into the fund (GST Exclusive)) and $3,267.72 (Administration fee (GST Exclusive)). Total fee: $62,680.84.

2. Purpose of clearance

2.1 Description The clearance of 2.36 ha of native vegetation is required to develop a Borrow Pit. A Borrow Pit is a deposit of natural gravel, loam or earth that is excavated for use as a road making material. The District Council of Lower Eyre Peninsula have approximately 1200 km of unsealed road to maintain, of which they currently endeavor to re-sheet approximately 20 km a year. The Casanova Borrow Pit was one of four Pits (Collins, Robins and Gordons) assessed within the District Council of Lower Eyre Peninsula over a three-day period (18-20 January 2021) (refer to Figure 1).

The vegetation is proposed to be cleared in stages as the material required for unsealed road maintenance may potentially not meet council requirements. The District Council of Lower Eyre Peninsula estimates that the Casanova Borrow Pit would provide 100,000 ton of material which would maintain 41 km of local roads (Fishery Bay Road and Sleaford bay Road which are heavily used by tourists) for a minimum of seven years.

2.2 Background The Project area is located on private property approximately 25 km south-west of Port Lincoln (Figure 1). The District Council of Lower Eyre Peninsula have an existing agreement with the landholders which allows for the construction of Borrow Pits. The Project area is surrounded by a mix of farmland (cereal cropping and sheep grazing), a large block of native vegetation (>50 ha) and an old borrow pit (approximately 0.51 ha) (Figure 2).

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2.3 General location map

Figure 1: Location of all four Borrow Pits including Casanovas Pit.

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Figure 2: Location of Casanovas Pit.

2.4 Details of the proposal The clearance of 2.36 ha of native vegetation is required for the construction of a Borrow Pit as shown on Figure 2. As previously mentioned, the vegetation will be cleared in stages as the material required for road maintenance may potentially not meet council requirements. The GIS shapefiles for the proposed project will be provided on submission of the Native Vegetation Clearance Proposal.

2.5 Approvals required or obtained Native Vegetation Act 1991 The Native Vegetation Act 1991 (NV Act) provides protection for native vegetation in and sets out a process for applying to clear vegetation. The Act ensures that areas of high conservation value are protected, and that clearances are subject to a thorough assessment process. The Native Vegetation Council (NVC) is responsible for providing advice and making decisions about the removal and re-establishment of native vegetation in line with the Act. Clearance under the NV Act is the subject of this assessment and proposal. There have not been any past clearance applications or approvals for the subject land. Environment Protection and Biodiversity Conservation Act 1999 The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any action which is likely to have a significant impact on a Matter of National Environmental Significance (MNES). There are nine MNES that act as “triggers” for the Commonwealth assessment and approval process. A Protected Matters Search Tool (PMST) report was generated on 9 December 2020 to identify MNES under the EPBC Act potentially occurring within 5 km of the Project area. All MNES applicable to the Project area have been considered in this assessment and proposal.

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National Parks and Wildlife Act 1972 The National Parks and Wildlife Act 1972 (NPW Act) provides for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; and for other purposes. Impacts to flora and fauna species listed under National Parks Schedules have been considered in this assessment and proposal. The NPWSA reserve, Lincoln National Park is located approximately 6 km north-east of the Project area.

2.6 Native Vegetation Regulation It is considered that native vegetation clearance required for this project falls under the provisions of Division 5 of the Native Vegetation Regulations 2017 which provide for the clearance of native vegetation under Regulation 12, Schedule 1; clause 34 – Infrastructure.

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3. Method

3.1 Flora assessment The flora assessment was conducted on 18 January 2021 by NVC accredited consultants Matt Launer and Rob Kelman. The flora assessment was performed in accordance with the BAM (NVC 2017a). The Native Vegetation Council (NVC) BAM is suitable for assessing vegetation that is located within the agricultural region of South Australia. The BAM uses biodiversity ‘surrogates’ or ‘indicators’ to measure biodiversity value against benchmark communities. Each area to be assessed is termed an application area (‘block’), within which different vegetation associations (‘sites’) are identified and compared to the Nature Conservation Society of South Australia’s ‘benchmark’ vegetation communities.

A representative 1 ha quadrat was surveyed within the 2.36 ha Project area. Three components of the biodiversity value of the site are measured and scored. These are: vegetation condition, conservation value and landscape context. The three component scores are combined to provide Unit Biodiversity Score (per ha) and then multiplied by the size (ha) of the site to provide a ‘Total Biodiversity Score’ for the site. This is used to calculate a Significant Environmental Benefit (SEB) area and value for payment in to the Native Vegetation Fund derived from the clearance of native vegetation (NVC 2017a).

The Project area was traversed on foot and a complete flora species list recorded. This was carried out in addition to the BAM quadrat. This also included targeted searches for species listed under the NPW 1972 or the EPBC Act 1999.

3.2 Fauna assessment A desktop assessment was conducted to assess the potential for any threatened fauna species (both Commonwealth and State listed) to occur within the Project area. This was achieved by undertaking database searches of a 5 km buffer of the Project area, as specified in the Bushland Assessment Method (BAM) manual (NVC 2017a).

A PMR (Protected Matters Report) report was generated on 9 December 2020 to identify MNES (Matters of National Environmental Significance) under the EPBC Act (DoEE 2019b). The PMR is maintained by DoEE and was used to identify flora and fauna species or ecological communities of national environmental significance that may occur or have suitable habitat within the Project area.

Fauna species listed under South Australia’s NPW Act were assessed using the Biological Databases of South Australia (BDBSA). The dataset was obtained on 18 December 2020 and used to identify threatened species that have been recorded within the 5 km buffer of the Project area (DEW 2020).

The Project area was traversed on foot. All vertebrate fauna species, signs of species (scats, tracks etc.) and potential habitat for fauna was recorded. A 2.5 hr. survey was also carried out within the Project area. The value of habitat for the threatened fauna species identified in the desktop assessment was also determined when surveying the Project area.

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4. Assessment Outcomes 4.1 Vegetation Assessment General description of the vegetation, the site and matters of significance The Project area contained one vegetation association, Eucalyptus diversifolia ssp. diversifolia, Eucalyptus angulosa Mallee over sclerophyll shrub mix. The average height of the overstorey was 3.5 m. The vegetation was considered to be in excellent condition (Vegetation condition score: 49.28) with all strata intact. The landform was dominated by an undulating plain with low rises containing limestone outcrops. Limestone rock was sparsely distributed on the soil surface throughout the majority or the Project area. The soil was sandy loam. The Project area is surrounded by a mix of farmland (cereal cropping and sheep grazing), a large block of native vegetation (>50 ha) and an old borrow pit (approximately 0.51 ha) (Figure 2). The NPWSA reserve, Lincoln National Park is located approximately 6 km north- east of the Project area.

Details of the vegetation associates/scattered trees proposed to be impacted Vegetation Eucalyptus diversifolia ssp. diversifolia, Eucalyptus angulosa Mallee over sclerophyll shrub mix. Association

General A total of 30 flora species were recorded within the Eucalyptus diversifolia ssp. diversifolia, description Eucalyptus angulosa Mallee over sclerophyll shrub mix BAQ (A1), which includes 24 native species and six introduced species (Appendix 3). Two of the introduced species recorded are listed as declared weed species under the Natural Resources Management Act 2004, these were; Pinus halepensis (Aleppo Pine) and Polygala myrtifolia (Myrtle-leaf Milkwort).

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The overstorey was dominated by Eucalyptus diversifolia ssp. diversifolia (Coastal White Mallee), Eucalyptus angulosa (Coast Ridge-fruited Mallee) and Acacia paradoxa (Kangaroo Thorn) which had an average height of 3.5 m.

The mid-storey layer contained a diverse mix of shrubs, the most commonly recorded species were: Acrotriche patula (Prickly Ground-berry), Daviesia asperula ssp. (Bitter-pea), Hakea cycloptera (Elm-seed Hakea), Leucopogon parviflorus (Coast Beard-heath), Melaleuca acuminata ssp. acuminata (Mallee Honey-myrtle) and Xanthorrhoea semiplana ssp. semiplana (Yacca).

The ground-storey layer was quite open with shrubs, sedges and grasses being sparsely distributed. These included: Astroloma humifusum (Cranberry Heath), Austrostipa sp. (Spear- grass), Gahnia lanigera (Black Grass Saw-sedge), Lomandra collina (Sand Mat-rush).

The six introduced species recorded were; Avena barbata (Bearded Oat), Hordeum leporinum (Wall Barley-grass), Lagurus ovatus (Hare's Tail Grass), Pinus halepensis (Aleppo Pine), Polygala myrtifolia (Myrtle-leaf Milkwort) and Senecio pterophorus (African Daisy). The majority of the weed incursion was on the edge of the block of native vegetation. Weed species were only very sparsely distributed within the Eucalyptus diversifolia ssp. diversifolia, Eucalyptus angulosa Mallee over sclerophyll shrub mix. The Native: Exotic Understorey Biomass Score was 5 (>80% native flora). Threatened One conservation rated species, Hibbertia cinerea (Port Lincoln Guinea-flower) was recorded species or within the Project area. Approximately 100 shrubs were recorded in the south-west section of community the Project area. The species was confirmed by Peter Lang (Senior Botanist, State Herbarium) following the survey. Landscape 1.08 Vegetation 49.28 Conservation 1.14 context score Condition Score significance score Unit biodiversity 60.67 Area (ha) 2.36 Total biodiversity 143.18 Score Score

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Site map showing areas of proposed impact

Figure 3: Vegetation association mapping and BAQ photopoint location within the Project area.

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4.3 Threatened Species assessment A desktop assessment was conducted to assess the potential for any threatened species (both Commonwealth and State listed) that could occur within the Project area. This was achieved by undertaking database searches of a 5 km buffer of the Project area, as specified in the Bushland Assessment Method (BAM) manual (NVC 2017a). A PMR (Protected Matters Report) report was generated on 9 December 2020 to identify MNES (Matters of National Environmental Significance) under the EPBC Act (DoEE 2019b). The PMR is maintained by DoEE and was used to identify flora and fauna species or ecological communities of national environmental significance that may occur or have suitable habitat within the Project area. Species listed under South Australia’s NPW Act were assessed using the Biological Databases of South Australia (BDBSA). The dataset was obtained on 18 December 2020 and used to identify threatened species that have been recorded within the 5 km buffer of the Project area (DEW 2020). Threatened Ecological Communities There were no threatened ecological communities (TEC) identified in the PMR as potentially occurring within 5 km of the Project area. No TEC’s were recorded within the Project area during the field survey. Nationally threatened flora Six nationally threatened flora species were identified in the PMR as potentially occurring within 5 km of the Project area. One of these species was listed as ‘Species or species habitat known to occur in the area’. This was Thelymitra epipactoides (Metallic Sun-orchid) (EPBC: EN & NP&W: E). The BDBSA identified one record of Thelymitra epipactoides (Metallic Sun-orchid) which occurs approximately 3.5 km north of the Project area (Figure 4). No nationally threatened flora species were recorded during the field survey. State threatened flora Four threatened flora species listed under the NPW Act were identified in the BDBSA search as being previously recorded within 5 km of the project area since 1995. These were: Hibbertia cinerea (Port Lincoln Guinea-flower) (NP&W: R), Poa fax (Scaly Poa) (NP&W: R), Prasophyllum occultans (Hidden Leek-orchid) and Thysanotus wangariensis (Eyre Peninsula Fringe-lily) (NP&W: R). Hibbertia cinerea (Port Lincoln Guinea-flower) was recorded within the Project area. Approximately 100 shrubs were recorded in the south-west section of the Project area (Figure 3). Nationally threatened fauna Thirty-seven nationally threatened fauna species (27 , six marine mammals, three marine reptiles and one shark) were identified in the PMR as potentially occurring within 5 km of the Project area. Seven of these species were listed as ‘Species or species habitat known to occur in the area’. The Mallee Whipbird (Psophodes leucogaster leucogaster) (EPBC: VU & NP&W: E). could possibly occur within the Project area based on available habitat and the close proximity of previous records. No nationally threatened fauna species were recorded during the field survey. State threatened fauna Seventeen fauna species (16 birds and on marine mammal) listed under the NPW Act were identified in the BDBSA search as being previously recorded within 5 km of the project area since 1995. One of these species, Corcorax melanorhamphos (White-winged Chough) (NP&W: R) is considered likely to occur based on available habitat and the close proximity of existing records. An additional seven birds identified in the BDBSA search could possibly occur within the Project area on a short-term basis, these were:

• Falco peregrinus macropus (Peregrine Falcon) (NP&W: R). • Falco subniger (Black Falcon) (NP&W: R). • Lichenostomus cratitius occidentalis (Purple-gaped Honeyeater (mainland SA)) (NP&W: R). • Neophema elegans elegans (Elegant ) (NP&W: R). • Stagonopleura guttata (Diamond Firetail) (NP&W: V). • Turnix varius varius (Painted ) (NP&W: R). • Zanda funerea whiteae (Yellow-tailed Black ) (NP&W: V). No threatened fauna species listed under the NPW Act were recorded during the field survey. Page 12 of 45

Species observed on site, or recorded within 5km (50km in the arid zone) of the application area since 1995, or the vegetation is considered to provide suitable habitat Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

Flora Hibbertia cinerea (Port Lincoln R 1 2004 No literature Known: >100 Guinea-flower) available on the individual shrubs species. The species recorded during the was confirmed by current survey. Peter Lang (Senior Botanist, State Herbarium) following the survey. Poa fax (Scaly Poa) R 1 1997 Often collected on Unlikely: The stabilised coastal Project area does dunes; sometimes not contain any associated with suitable habitat. saline conditions, calcareous sands or gypsum. Prasophyllum occultans R 1 1995 Occurs in EP, YP, SL, Possible: The (Hidden Leek-orchid) KI and SE regions. Project area Habitats recorded contains suitable include: Mallee- habitat and an Broombush or in existing BDBSA low scrub about record occurs rock outcrops in within 2 km. the Lower North Prasophyllum wheat-belt. On occultans would not shallow soils over have been present rock, including during the survey limestone, often (flowering period: with other Leek- Aug to Oct). orchids and near Native Pine woodland with mixed shrubs on sandy soil. Thelymitra epipactoides E EN 1, 5 2001 Occurs across Possible: The (Metallic Sun-orchid) south-eastern Project area Australia from the contains suitable Eyre Peninsula (in habitat and an South Australia) to existing BDBSA East Gippsland west record occurs of Bairnsdale approximately 4 km (Victoria). Found to the north. primarily in mesic Thelymitra coastal heathlands, epipactoides would grasslands and not have been woodlands, but present during the

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Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

may also be found survey (flowering in drier inland period: Aug to heathlands, open Nov). forests and woodlands. Thysanotus wangariensis (Eyre R 1 1995 No literature is Possible: An Peninsula Fringe-lily) available on the existing BDBSA species. record occurs approximately 4 km to the north-west of the Project area. Birds

Ardeotis australis (Australian V 1 2003 The Australian Unlikely: The Bustard) Bustard mainly Project area does occurs in inland not contain any Australia and is suitable habitat. now scarce or absent from southern and south-eastern Australia. Mainly inhabits tussock and hummock grasslands, though prefers tussock grasses to hummock grasses; also occurs in low shrublands and low open grassy woodlands; occasionally seen in pastoral and cropping country.

Calidris alba alba (Sanderling) R 1 2018 Sanderlings are Unlikely: Oceanic found very widely species. The Project along Australian area does not coastlines and are contain any suitable regular visitors to habitat. New Zealand. The species could be considered cosmopolitan, being found along the coastline in many other countries. They breed from north America to north Russia and islands Page 14 of 45

Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

in the Arctic Ocean. Sanderlings are found on open sandy beaches at the edge of the waves, on sandbars and spits. They roost on bare sand in the dunes or behind piles of kelp.

Cereopsis novaehollandiae R 1 2019 The Cape Barren Unlikely: The (Cape Barren Goose) Goose is found on Project area does the south-eastern not contain any coast of Australia, suitable habitat. the southern coast of and in south-eastern Victoria. It is locally dispersive. The Cape Barren Goose is found on offshore islands, usually granite, in areas of pasture, tussock grass or low heathy scrub.

Corcorax melanorhamphos R 1 2017 White-winged Likely: Previous (White-winged Chough) Choughs are found records (BDBSA) throughout most of within 5 km Project eastern and south- area. Suitable eastern mainland habitat occurs Australia, but are within the Project absent from area. northern Queensland. White- winged Choughs are found in open forests and woodlands. They tend to prefer the wetter areas, with lots of leaf-litter, for feeding, and available mud for nest building.

Falco peregrinus macropus R 1 2009 The Peregrine Possible: Previous (Peregrine Falcon) Falcon is found in records (BDBSA) most habitats, from within 5 km Project

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Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

rainforests to the area. Suitable arid zone, and at habitat occurs most altitudes, within the Project from the coast to area. alpine areas. It requires abundant prey and secure nest sites, and prefers coastal and inland cliffs or open woodlands near water, and may even be found nesting on high city buildings. Falco subniger (Black Falcon) R 1 2009 The Black Falcon is Possible: Previous endemic to records (BDBSA) Australia and is within 5 km Project sparsely spread in area. Suitable the inland and habitat occurs across northern, within the Project eastern, southern area. and central Australia. The Black Falcon is found along tree-lined watercourses and in isolated woodlands, mainly in arid and semi-arid areas. It roosts in trees at night and often on power poles by day.

Haematopus fuliginosus R 1 2019 The Sooty Unlikely: Oceanic fuliginosus (Sooty Oystercatcher is species. The Project Oystercatcher) widespread in area does not coastal eastern, contain any suitable southern and habitat. western Australia. The Sooty Oystercatcher is strictly coastal, usually within 50 m of the ocean. It prefers rocky shores, but will be seen on coral reefs or sandy beaches near mudflats. It breeds on offshore

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Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

islands and isolated rocky headlands.

Haematopus longirostris (Pied R 1 2017 The Pied Unlikely: Oceanic Oystercatcher) Oystercatcher is species. The Project found in coastal area does not areas throughout contain any suitable the Australian habitat. continent except for areas of unbroken sea cliffs. They prefer mudflats, sandbanks and sandy ocean beaches and is less common along rocky or shingle coastlines. Haliaeetus leucogaster (White- E 1 2019 The White-bellied Unlikely: bellied Sea Eagle) Sea-Eagle is Predominantly a distributed along coastal species. The the coastline Project area does (including offshore not contain any islands) of mainland suitable habitat. Australia and Tasmania. The White-bellied Sea- Eagle is found in coastal habitats (especially those close to the sea- shore) and around terrestrial wetlands in tropical and temperate regions of mainland Australia and its offshore islands

Lichenostomus cratitius R 1 2004 No literature is Possible: Previous occidentalis (Purple-gaped available on the records (BDBSA) Honeyeater (mainland SA)) species. This taxon within 5 km Project is a subspecies of area. Suitable Lichenostomus habitat occurs cratitius. Habitat within the Project descriptions from area. the BDBSA records include: Melaleuca decussata, Melaleuca lanceolata, grasses

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Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

and chenopods with emergent mallee, Eucalyptus dumosa+/- Eucalyptus porosa Low Woodland on grey brown loams.

Neophema elegans elegans R 1 2004 Occurs in the Possible: Previous (Elegant Parrot) eastern parts of records (BDBSA) South Australia, within 5 km Project north to the area. Suitable Flinders Ranges and habitat occurs west to the Eyre within the Project Peninsula. area. Inhabiting open habitats, the Elegant Parrot can be found in a wide variety of habitats, including grasslands, shrublands, mallee, woodlands and thickets, bluebush plains, heathlands, saltmarsh and farmland.

Neophema petrophila zietzi R 1 2018 The Rock Parrot is Unlikely: (Rock Parrot) confined to coastal Predominantly a habitats along coastal species. The Australia’s southern Project area does coastline in South not contain any Australia and suitable habitat. Western Australia, where it usually occurs within a few hundred metres of the shore. It is often recorded along rocky shores and islands, among low coastal scrub, or in sand dunes and on sandy beaches, where it is often seen along the strand line among beach cast seaweed.

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Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

Pachyptila turtur subantarctica VU 5 Sub-Antarctic seas Unlikely: Oceanic (Fairy Prion (southern)) and islands while species. The Project breeding, then area does not wanders to contain any suitable subtropical seas; habitat. rarely close inshore except when sheltering in storms. Pandion haliaetus cristatus E 1 2011 Ospreys occur in Unlikely: (Eastern Osprey) littoral and coastal Predominantly a habitats and coastal species. The terrestrial wetlands Project area does of tropical and not contain any temperate Australia suitable habitat. and offshore islands. They frequent a variety of wetland habitats including inshore waters, reefs, bays, coastal cliffs, beaches, estuaries, mangrove swamps, broad rivers, reservoirs and large lakes and waterholes. Psophodes leucogaster E VU 1, 5 2004 The Western Possible: Previous leucogaster (Mallee Whipbird) Whipbird inhabits records (BDBSA) mallee and thicket within 5 km Project vegetation in area. Suitable coastal and inland habitat occurs areas of southern within the Project South Australia. It area. usually occurs in habitats that have an open layer of mallee about 3–5 m tall and an understorey of dense shrubs a It occurs in mallee scrub on sand flats, dunes and limestone that consists of an overstorey of mallee Eucalypts bout 1.5–2 m tall.

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Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

Stagonopleura guttata V 1 2019 Endemic to south- Unlikely: Previous (Diamond Firetail) eastern Australia, records (BDBSA) ranging from within 5 km Project Carnarvon Ranges area. Suitable in Queensland to habitat occurs the Eyre Peninsula within the Project and Kangaroo area. Island in South Australia. Diamond Firetails are found in open grassy woodland, heath and farmland or grassland with scattered trees.

Sternula nereis nereis E VU 1, 5 2018 Within Australia, Unlikely: Oceanic (Australian Fairy Tern) the Fairy Tern species. The Project occurs along the area does not coasts of Victoria, contain any suitable Tasmania, South habitat. Australia and Western Australia; occurring as far north as the Dampier Archipelago near Karratha. Stipiturus malachurus E VU 1, 5 2006 The Southern Emu- Unlikely: The parimeda (Southern Emuwren wren (Eyre Project area does (southern Eyre Peninsula)) Peninsula) occurs in not contain any three types of suitable habitat. habitat: shrubland or heathland, mallee and sedgeland. These habitats are characterised by one or two layers of dense vegetation up to 3 m in height.

Thinornis cucullatus cucullatus V VU 1, 5 2018 The Hooded Plover Unlikely: Oceanic (Hooded Plover) is a small Australian species. The Project beach nesting bird. area does not It mainly occurs on contain any suitable wide beaches habitat. backed by dunes with large amounts of seaweed and jetsam, creek mouths and inlet

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Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

entrances. Nests are found above the high-water mark on flat beaches, on stony terraces, or on sparsely vegetated dunes.

Turnix varius varius (Painted R 1 2004 Temperate and Possible: Previous Buttonquail) eastern tropical records (BDBSA) forests and within 5 km Project woodlands form area. Suitable the habitats of this habitat occurs species. They within the Project appear to prefer area. closed canopies with some understory and deap leaf litter on the ground.

Zanda funerea whiteae V 1 2008 The Yellow-tailed Possible: Previous (Yellow-tailed ) Black-Cockatoo is records (BDBSA) found in south- within 5 km Project eastern Australia, area. Suitable from Eyre habitat occurs Peninsula, South within the Project Australia to south area. and central eastern Queensland. Inhabits a variety of habitat types, but favours Eucalypt woodland and pine plantations. The population on South Australia’s Eyre Peninsula is now reliant on the seeds of the Aleppo Pine, a noxious weed, as its preferred habitat, Sugar Gum woodlands, has become extensively fragmented. Mammals Arctocephalus tropicalis E 1 2002 Breeds on many Unlikely: Marine (Subantarctic Fur Seal) sub-Antarctic species. islands; subadults Page 21 of 45

Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

wander widely and are being recorded with increasing frequency as far north as Kalbarri in WA and the Sunshine Coast in QLD. Neophoca cinerea (Australian V VU 1, 5 2002 The breeding range Unlikely: Marine Sea Lion) extends from species. Houtman Abrolhos, Western Australia to The Pages Island, east of Kangaroo Island, South Australia. Breeding colonies occur on islands or remote sections of coastline. Lone or small numbers of will regularly visit known haul-out sites and occasionally visit other locations. Reptiles Caretta caretta (Loggerhead EN E 5 The Loggerhead Unlikely: Marine Turtle) Turtle has a global species. distribution throughout tropical, sub- tropical and temperate waters. In Australia, the Loggerhead Turtle occurs in the waters of coral and rocky reefs, seagrass beds and muddy bays throughout eastern, northern and western Australia. Dermochelys coriacea EN V 5 The Leatherback Unlikely: Marine (Leatherback Turtle) Turtle is a pelagic species. feeder, found in tropical, subtropical and temperate waters throughout Page 22 of 45

Species (common name) NP&W EPBC Data Date Species known Likelihood of use Act Act source of last habitat preferences for habitat – record Comments

the world. It has been recorded feeding in the coastal waters of all Australian States. No major nesting has been recorded in Australia, although scattered isolated nesting occurs in southern Queensland.

Source; 1- BDBSA, 2 - AoLA, 3 – NatueMaps 4 – Observed/recorded in the field, 5 - Protected matters search tool, 6 – others NP&W Act; E= Endangered, V = Vulnerable, R= Rare EPBC Act; Ex = Extinct, CR = Critically endangered, EN = Endangered; VU = Vulnerable

Criteria for the likelihood of occurrence of species within the Study area.

Likelihood Criteria

Highly Recorded in the last 10 years, the species does not have highly specific niche requirements, the habitat is Likely/Known present and falls within the known range of the species distribution or; The species was recorded as part of field surveys.

Likely Recorded within the previous 20 years, the area falls within the known distribution of the species and the area provides habitat or feeding resources for the species.

Possible Recorded within the previous 20 years, the area falls inside the known distribution of the species, but the area provide limited habitat or feeding resources for the species. Recorded within 20 -40 years, survey effort is considered adequate, habitat and feeding resources present, and species of similar habitat needs have been recorded in the area.

Unlikely Recorded within the previous 20 years, but the area provide no habitat or feeding resources for the species, including perching, roosting or nesting opportunities, corridor for movement or shelter. Recorded within 20 -40 years; however, suitable habitat does not occur, and species of similar habitat requirements have not been recorded in the area. No records despite adequate survey effort.

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Figure 4. Threatened flora species identified within the Project area in the BDBSA search. Only BDBSA records since 1995 are shown. Page 24 of 45

Figure 6. Threatened fauna species identified within the Project area in the BDBSA search. Only BDBSA records since 1995 are shown.

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4.4 Cumulative impact When exercising a power or making a decision under Division 5 of the Native Vegetation Regulations 2017, the NVC must consider the potential cumulative impact, both direct and indirect, that is reasonably likely to result from a proposed clearance activity. The clearance of 2.36 ha of vegetation for the construction of a borrow pit is considered a direct impact (areas of vegetation that needs to be removed to facilitate the development). There is an existing unsealed road which borders approximately 40% of the Project area. The full list of matters in the Guide for Clearance applications (pg. 9) has been considered for this project.

4.5 Address the Mitigation Hierarchy When exercising a power or making a decision under Division 5 of the Native Vegetation Regulations 2017, the NVC must have regard to the mitigation hierarchy. The NVC will also consider, with the aim to minimize, impacts on biological diversity, soil, water and other natural resources, threatened species or ecological communities under the EPBC Act or listed species under the NP&W Act.

a) Avoidance – outline measures taken to avoid clearance of native vegetation Ideally the borrow pit would be located in an area close by already devoid of native vegetation. Marc Kilmartin from the District Council of Lower Eyre Peninsula has had several discussions with the landholder about potentially developing a borrow pit in arable land, in an area close by already devoid of native vegetation. The landholder is not in agreeance with this recommendation as the arable land is too valuable for farming purposes (cereal cropping and sheep grazing).

The borrow pit location has been selected as it is in close proximity to the unsealed roads requiring maintenance, therefore minimizing hauling cost. The size of the borrow pit has been selected based on the current requirement for material. The District Council of Lower Eyre Peninsula estimates that the Casanova Borrow Pit would provide 100,000 ton of material which would maintain 41 km of local roads (Fishery Bay Road and Sleaford bay Road which are heavily used by tourists) for a minimum of seven years.

If the proposal is successful the proponent will clearly mark on ground areas that are to be avoided at all times to prevent unintended impacts or accidental clearance. This will include the south-western boundary where the Project area adjoins native vegetation.

b) Minimization – if clearance cannot be avoided, outline measures taken to minimize the extent, duration and intensity of impacts of the clearance on biodiversity to the fullest possible extent (whether the impact is direct, indirect or cumulative). Unfortunately, the clearance of 2.36 ha of vegetation cannot be avoided. The clearance of vegetation will be undertaken using a bulldozer to allow for the construction of the borrow pit. As previously mentioned, the vegetation is proposed to be cleared in stages as the material required for unsealed road maintenance may potentially not meet council requirements.

c) Rehabilitation or restoration – outline measures taken to rehabilitate ecosystems that have been degraded, and to restore ecosystems that have been degraded, or destroyed by the impact of clearance that cannot be avoided or further minimized, such as allowing for the re-establishment of the vegetation. The construction of the borrow pit will require the removal of approximately 100 ton of rubble material which will leave a substantial pit. Once all material is removed the borrow pit will be made safe (i.e., batters formed, access blocked). The filling in and rehabilitation of a borrow pit would render the project uneconomical due to hauling and machinery costs.

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d) Offset – any adverse impact on native vegetation that cannot be avoided or further minimized should be offset by the achievement of a significant environmental benefit that outweighs that impact. The District Council of Lower Eyre Peninsula is proposing to pay into the Native Vegetation Fund. The total payment required is $62,680.84 which includes an SEB payment of $59,413.11 and an administration fee of $3,267.72. Should this proposal be successful, the District Council of Lower Eyre Peninsula would like to request to make the payment in stages as the vegetation clearance occurs.

4.5 Principles of Clearance (Schedule 1, Native Vegetation Act 1991) The Native Vegetation Council will consider Principles 1(b), 1(c) and 1(d) when assigning a level of Risk under Regulation 16 of the Native Vegetation Regulations. The Native Vegetation Council will consider all the Principles of clearance of the Act as relevant, when considering an application referred under the Planning, Development and Infrastructure Act 2016.

Principle of Relevant information Assessment against Moderating factors that may clearance the principles be considered by the NVC Principle 1b - Thirteen bird species, four mammal Seriously at Variance Information is required on the significance species and one reptile species were The Project area habitat contained in the as a habitat detected within the Project area contained one proposed clearance area in for wildlife during the survey (Refer to Appendix vegetation relation to its 7). None of the fauna species association: significance as habitat for recorded are listed as threatened Eucalyptus diversifolia wildlife. In particular, does the under the EPBC Act or NPW Act. The ssp. diversifolia, area of vegetation: threatened species assessment (Refer Eucalyptus angulosa • Support rare or threatened to Section 4.3) identified the that the Mallee over species, including regionally following threatened species could sclerophyll shrub mix. threatened species: possibly occur within the Project None of the fauna species area: At Variance – recorded during the survey Nationally threatened fauna Not Applicable are listed as threatened under Psophodes leucogaster leucogaster the EPBC Act, NPW Act or at (Mallee Whipbird) (EPBC: VU & regional level. NP&W: E). • Support the habitat used by

rare or threatened species, State threatened fauna even if they are not present Falco peregrinus macropus (Peregrine at the time: Falcon) (NP&W: R). There were no threatened Falco subniger (Black Falcon) (NP&W: species listed under the EPBC R). Act, NPW Act or at regional level during the survey. The Lichenostomus cratitius occidentalis threatened species (Purple-gaped Honeyeater (mainland assessment (Refer to Section SA)) (NP&W: R). 4.3) identified the that one Neophema elegans elegans (Elegant bird species listed under the Parrot) (NP&W: R). EPBC Act and a further seven Stagonopleura guttata (Diamond bird species listed under the Firetail) (NP&W: V). NPW Act could possibly occur within the Project area based Turnix varius varius (Painted on existing records within Buttonquail) (NP&W: R). 5 km (BDBSA) and suitable habitat. It is unlikely that the eight threatened bird species Page 27 of 45

Zanda funerea whiteae (Yellow-tailed would utilise the vegetation Black Cockatoo) (NP&W: V). within the Project area on a permanent basis (if present).

• The area is assessed (e.g., Patches; hollows): Threatened Fauna Score: 0.1 There were no hollow bearing Unit biodiversity Score: 60.67 trees recorded within the

Project area. The two dominant mallee species Eucalyptus diversifolia ssp. diversifolia and Eucalyptus angulosa averaged 3.5 m height. • Likely support a high diversity of species: Thirteen bird species, four mammal species and one reptile species were detected within the Project area during the survey. Three of the four mammal species recorded were introduced species, these were: Bos taurus (Cattle (European Cattle)), Oryctolagus cuniculus (Rabbit (European Rabbit)) and Ovis aries (Sheep (Feral Sheep)). The Project area contained one vegetation association which was very homogenous and therefore diversity of fauna habitat was considered to be low to moderate. • Provide a corridor for movements between other areas of native vegetation, especially in heavily cleared areas: The Project area of 2.36 ha is bordered to the south by a large block (>50 ha) of native vegetation (Refer to Figure 2). The Project area does not specifically provide a corridor for movements between other areas of native vegetation. • Provide a refuge (an important area of habitat at particular times, such as drought or when normal food supplies are scarce): The Project area of 2.36 ha is bordered to the south by a

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large block (>50 ha) of native vegetation which is of similar structure. The Project area does not contain any wetland habitat. Moderating Factors to be considered by the NVC Impact Significance The following criteria are used to determine whether an action will have a significant impact on listed threatened fauna species and therefore clearance will be raised to ‘Seriously at variance’. A clearance action will have or is likely to have a significant impact on a threatened species if it may: • Lead to a long-term decrease in the size of a population, or • Reduce the area of occupancy of the species, or • Fragment an existing population into two or more populations, or • Adversely affect habitat critical to the survival of a species, or • Modify, destroy, remove, isolate or decrease the availability or quality of habitat to the • Extent that the species is likely to decline, or • Result in invasive species that are harmful to a threatened species becoming established in • The threatened species habitat, or • Interfere with the recovery of the species. There were no threatened species listed under the EPBC Act, NPW Act or at regional level during the survey. The threatened species assessment (Refer to Section 4.3) identified the that one bird species listed under the EPBC Act and a further seven bird species listed under the NPW Act could

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possibly occur within the Project area based on existing records within 5 km (BDBSA) and suitable habitat. It is unlikely that the eight threatened bird species would utilise the vegetation within the Project area on a permanent basis (if present). Based on the information above, it is considered unlikely that a clearance action will have a significant impact on a listed threatened fauna species and therefore the clearance may be reduced to At variance (NVC decision).

Principle 1c - Not applicable. Seriously at Variance of a Not applicable. rare, vulnerable or At Variance – endangered Not applicable. species Principle 1d - Not applicable. Seriously at Variance the Not applicable. vegetation comprises the At Variance – whole or Not applicable. part of a community that is Rare, Vulnerable or endangered:

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4.7 Risk Assessment Determine the level of risk associated with the application

Total No. of trees Not applicable clearance Area (ha) 2.36 Total biodiversity Score 143.18 Seriously at variance with principle b - Wildlife habitat 1(b), 1(c) or 1 (d) Risk assessment outcome Level 4

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5. Clearance summary

Clearance Area Summary table

Native Threatened

species Ecological Threatened Total Loadings

diversity community Threatened fauna Biodiversity factor Loss SEB Points SEB Reductions Block Site score Score plant score score UBS Area (ha) score required payment Admin Fee Casanova A1 18 1 0.04 0.1 60.67 2.36 143.18 1 150.34 $59,413.11 $3,267.72 0.00 0.00 $0.00 $0.00 Insert additional rows into the table as required. Total 2.36 143.1812 150.34 $59,413.11 $3,267.72

Totals summary table

Total Biodiversity Total SEB points score required SEB Payment Admin Fee Total Payment

143.18 150.34 $59,413.11 $3,267.72 $62,680.84

IBRA Association percent vegetation remnancy (%) 87 IBRA Subregion percent vegetation remnancy (%) 56 Is the vegetation associated with a Wetland No Economies of Scale Factor 0.29 Rainfall (mm) 524

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6. Significant Environmental Benefit

A Significant Environmental Benefit (SEB) is required for approval to clear under Division 5 of the Native Vegetation Regulations 2017. The NVC must be satisfied that as a result of the loss of vegetation from the clearance that an SEB will result in a positive impact on the environment that is over and above the negative impact of the clearance.

ACHIEVING AN SEB Indicate how the SEB will be achieved by ticking the appropriate box and providing the associated information:

Establish a new SEB Area on land owned by the proponent.

Use SEB Credit that the proponent has established. Provide the SEB Credit Ref. No. ______

Apply to have SEB Credit assigned from another person or body. The application form needs to be submitted with this Data Report.

Apply to have an SEB to be delivered by a Third Party. The application form needs to be submitted with this Data Report.

Pay into the Native Vegetation Fund.

PAYMENT SEB If a proponent proposes to achieve the SEB by paying into the Native Vegetation Fund, summary information must be provided on the amount required to be paid and the manner of payment:

The District Council of Lower Eyre Peninsula is proposing to pay into the Native Vegetation Fund. The total payment required is $62,680.84 which includes an SEB payment of $59,413.11 and an administration fee of $3,267.72. Should this proposal be successful, the District Council of Lower Eyre Peninsula would like to request to make the payment in stages as the vegetation clearance occurs. A detailed works timetable outlining the vegetation clearance stages will be provided prior to any on-ground works being undertaken.

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7. Appendices

Appendix 1. Fauna Species List (Fauna assessment) Thirteen bird species, four mammal species and one reptile species were detected within the Project area during the survey (Refer to table below). Three of the four mammal species recorded were introduced species, these were: Bos taurus (Cattle (European Cattle)), Oryctolagus cuniculus (Rabbit (European Rabbit)) and Ovis aries (Sheep (Feral Sheep)). None of the fauna species recorded were listed as threatened under the EPBC Act or NPW Act. Additional surveys within the Project area would likely result in additional species of regionally common birds, mammals and reptiles being recorded. Quantity Class name Species name Common name observed/comment AVES Acanthagenys rufogularis Spiny-cheeked Honeyeater 1 AVES Drymodes brunneopygia Southern Scrub Robin 1 AVES Eopsaltria griseogularis Western Yellow Robin 3 AVES Gymnorhina tibicen Australian Magpie 1 AVES Malurus cyaneus Superb Fairywren 3 AVES Pachycephala pectoralis Golden Whistler 4 AVES Pardalotus punctatus Spotted Pardalote 1 AVES Parvipsitta porphyrocephala Purple-crowned Lorikeet 2 AVES Phylidonyris novaehollandiae New Holland Honeyeater 4 AVES Rhipidura leucophrys Willie Wagtail 2 AVES Sericornis frontalis White-browed Scrubwren 3 AVES Strepera versicolor Grey Currawong 1 AVES Zosterops lateralis Silvereye 2 MAMMALIA *Bos taurus Cattle (European Cattle) Skeleton MAMMALIA Macropus fuliginosus Western Grey Kangaroo Scats and tracks MAMMALIA *Oryctolagus cuniculus Rabbit (European Rabbit) Warrens and scats MAMMALIA *Ovis aries Sheep (Feral Sheep) Scats and tracks REPTILIA Pogona barbata Eastern Bearded Dragon 1 * = Introduced species.

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Appendix 2. Bushland, Rangeland or Scattered Tree Vegetation Assessment Scoresheets associated with the proposed clearance and SEB Area (to be submitted in Excel format)

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Appendix 3. Flora Species List. NP&W EPBC Family name Species name Common name Act Act CASUARINACEAE Allocasuarina verticillata Drooping Sheoak COMPOSITAE Olearia axillaris Coast Daisy-bush COMPOSITAE *Senecio pterophorus African Daisy CYPERACEAE Gahnia lanigera Black Grass Saw-sedge DILLENIACEAE Hibbertia cinerea Port Lincoln Guinea- flower R EPACRIDACEAE Acrotriche patula Prickly Ground-berry EPACRIDACEAE Astroloma humifusum Cranberry Heath EPACRIDACEAE Leucopogon parviflorus Coast Beard-heath EPACRIDACEAE Leucopogon cordifolius Heart-leaf Beard-heath GRAMINEAE Austrostipa sp. Spear-grass GRAMINEAE *Avena barbata Bearded Oat GRAMINEAE *Lagurus ovatus Hare's Tail Grass GRAMINEAE *Hordeum leporinum Wall Barley-grass LEGUMINOSAE Acacia paradoxa Kangaroo Thorn LEGUMINOSAE Acacia longifolia ssp. Sallow Wattle LEGUMINOSAE Acacia spinescens Spiny Wattle LEGUMINOSAE Daviesia asperula ssp. Bitter-pea LEGUMINOSAE Acacia rupicola Rock Wattle LEGUMINOSAE Hardenbergia violacea Native Lilac LEGUMINOSAE Templetonia retusa Cockies Tongue LILIACEAE Xanthorrhoea semiplana ssp. semiplana Yacca LILIACEAE Lomandra collina Sand Mat-rush Eucalyptus diversifolia ssp. diversifolia Coastal White Mallee MYRTACEAE Eucalyptus angulosa Coast Ridge-fruited Mallee MYRTACEAE Callistemon rugulosus Scarlet Bottlebrush MYRTACEAE Melaleuca acuminata ssp. acuminata Mallee Honey-myrtle MYRTACEAE Hysterobaeckea behrii Silver Broombush PINACEAE *Pinus halepensis Aleppo Pine POLYGALACEAE *Polygala myrtifolia Myrtle-leaf Milkwort PROTEACEAE Hakea cycloptera Elm-seed Hakea Conservation status EPBC Act: Environment Protection and Biodiversity Conservation Act 1999 (Australia). NPW Act: National Parks and Wildlife Act 1972 (South Australia). Conservation codes: CE: Critically Endangered. EN/E: Endangered. VU/V: Vulnerable. R: Rare. * = Introduced species.

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Appendix 4. Additional photographs of the proposed clearance area.

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