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Graeme Lorimer Phd, F.Airqual of Biosphere Pty Ltd, 94 Kubis Dr, Ringwood North, Vic

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Graeme Lorimer Phd, F.Airqual of Biosphere Pty Ltd, 94 Kubis Dr, Ringwood North, Vic Witness Statement North East Link EES – Flora and Fauna by Graeme Lorimer PhD, F.AirQual of Biosphere Pty Ltd, 94 Kubis Dr, Ringwood North, Vic 15th July 2019 Contents 1. Summary of Key Issues, Opinions and Recommendations .................... 3 1.1. Unassessed Impacts .................................................................... 3 1.2. Regulatory Compliance ............................................................... 3 1.3. Groundwater Drawdown ............................................................ 4 1.4. Risk Assessment .......................................................................... 4 1.5. Avoidance of Vegetation Removal .............................................. 5 1.6. Omitted Values of Flora and Fauna ............................................. 5 1.7. Compensation for Vegetation Loss .............................................. 5 1.8. Environmental Performance Requirements ................................ 6 2. Scope ................................................................................................... 7 3. Knowledge Base ................................................................................... 7 4. Unassessed Impacts ............................................................................. 9 4.1. Works Ancillary to North East Link .............................................. 9 4.1.1. Bulleen Park Area ............................................................ 10 4.1.2. Simpson Barracks ............................................................ 10 4.2. Fragmentation of Trinity Grammar Wetlands ............................ 13 4.3. Downstream Impacts on Wetlands ........................................... 14 4.4. Planted Understorey ................................................................. 14 5. Regulatory Compliance ...................................................................... 15 5.1. Overlay Provisions .................................................................... 15 5.2. Beyond Statutory Planning Requirements ................................. 17 5.2.1. Threatened Species Obligations beyond Clause 52.17 ..... 18 6. Groundwater Drawdown ................................................................... 20 6.1. Interaction with Climate Change ............................................... 21 7. Risk Assessment ................................................................................. 22 8. Avoidance of Vegetation Removal ..................................................... 24 8.1. Simpson Barracks ...................................................................... 24 8.2. Excision of Certain Areas from Works ....................................... 25 8.3. The ‘Caltex Tree’ ....................................................................... 26 G.S. Lorimer: Witness Statement re North East Link EES – Flora and Fauna Page 2 9. Omitted and Unassessed Values of Flora and Fauna .......................... 26 10. Compensation for Vegetation Loss ..................................................... 30 10.1. Summary .................................................................................. 30 10.2. Tree Replacement ..................................................................... 31 10.3. Offsets Under Clause 52.17 ....................................................... 32 10.4. Proximity of Offsets .................................................................. 33 11. Environmental Performance Requirements ....................................... 33 12. Secondary Issues ................................................................................ 35 12.1. ‘Native Vegetation’ versus ‘Amenity Plantings’ ......................... 35 12.2. Threatened Species ................................................................... 35 12.2.1. River Swamp Wallaby-grass........................................... 35 12.2.2. Short Water-starwort .................................................... 37 12.2.3. Studley Park Gum .......................................................... 37 12.2.4. Other ‘Advisory List’ Species ......................................... 38 Appendix: Summary Response to Item 4 of My Brief ............................... 39 Declaration .............................................................................................. 42 Annexure A – Curriculum vitæ Annexure B – Letter of Instruction from Maddocks (26th June 2019) Annexure C – Request for fee proposal from Maddocks (15th April 2019) Annexure D – Report on EPBC Act matters (February 2018) Annexure E – Review of draft Ecology Technical Report (October 2018) Annexure F – ‘Comments Sheet’ re draft Ecology chapter (Dec. 2018) Annexure G – Response from NELA to Annexure E (December 2018) G.S. Lorimer: Witness Statement re North East Link EES – Flora and Fauna Page 3 1. Summary of Key Issues, Opinions and Recommendations 1.1. Unassessed Impacts 1 The EES does not document vegetation removal associated with works ancillary to North East Link. Some of those works involve relocation of sports facilities such as the Boroondara Tennis Centre to other land, such as the Freeway Golf Course (where there is significant native vegetation that will be hard to avoid). The other main instance involves the replacement of an existing firebreak and vehicle access at Simpson Barracks. 2 The EES does not address the impacts on flora of fragmentation of habitat or other ecological degradation, as required by the Scoping Requirements. This is an issue at Simpson Barracks and wetlands at the Trinity Grammar Sports Complex and Kew Golf Club; possibly elsewhere. 3 The total area described in the EES as ‘amenity plantings’ to be removed occupies 150–200 hectares. Within that area, trees over 3 m tall have been assessed and compensation is proposed through a ‘Tree Canopy Replacement Plan’. However, understorey plants from large shrubs to groundcover have not been assessed at all and the EES proposes no compensation for their loss. 4 In my opinion, all these omissions represent a significant understatement of the impacts of the project and a resultant deficiency in the compensation that is proposed. I recommend that the deficiency be redressed. 1.2. Regulatory Compliance 5 The EES acknowledges the applicability of vegetation-related planning overlays but I see no response to the associated permit triggers, application requirements or decision guidelines, including those related to the compensation that is expected for vegetation removal. In my opinion, this represents a failure to meet the current statutory planning requirements for the project’s vegetation removal. 6 In any case, mere compliance with statutory planning requirements is not adequate for so much vegetation loss in the context of the ministerial Public Works Order and the proposed planning amendment. That is tacitly recognised, I believe, in the proposal for the Tree Canopy Replacement Plan. However, that recognition does not extend beyond planted ‘amenity trees’ over 3 m tall that are neither within the 52 hectares of ‘native vegetation patches’ or classified as ‘scattered trees’. 7 In my opinion, the EES’s approach to statutory planning requirements has resulted in a substantial shortfall in the compensation proposed for vegetation losses. This applies particularly to native vegetation and the threatened species it contains. G.S. Lorimer: Witness Statement re North East Link EES – Flora and Fauna Page 4 1.3. Groundwater Drawdown 8 I expect others will discuss uncertainty in the EES’s groundwater modelling and how it relates to the wetting and drying cycles of the project area’s significant wetlands. I am concerned that the uncertainty has not been adequately conveyed from the groundwater modellers to the people assessing impacts on vegetation and wetlands. 9 The EES Scoping Requirements require consideration of the interaction between ground- water drawdown and climate change. I see no evidence that this has been done. The threat posed to wetland flora and fauna by reduced rainfall is considerable on its own, making wetland environments more sensitive to groundwater drawdown than would otherwise be the case. The same could be said about trees, but to a lesser degree. 10 Because of the uncertainty inherent in the predictions of groundwater drawdown and climate change, I recommend that the impacts on trees, wetland species and the wetting and drying cycles of wetlands be assessed on the basis of ‘best case’, ‘worst case’ and ‘most likely’ scenarios. A risk assessment should be conducted for each scenario. Although the worst-case scenario may be quite unlikely, it may be deemed an unacceptable risk if it is expected to lead to serious and irreversible environmental damage (an outcome that I cannot discount). 1.4. Risk Assessment 11 The risk assessment is flawed in the following respects: • It is incomplete because it omits certain impacts that I identify in Sections 1.1, 1.3, 1.6 and 12.2.4; • Statements in the EES such as, ‘No risks pathways were assessed as having a high or very high residual risk’, seem reassuring but they are artifices of the decision not to assign a risk level to ‘planned’ impacts. If not for that decision, some ecological impacts would be of ‘high’ and ‘very high’ residual risk; • In principle, the risk levels are suitable for comparison with each other (their intended purpose) but not for statements in absolute terms like the one just quoted. That is because the risk levels are determined, in part, by the degree of disaggregation of risks into rather narrow categories for assessment
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