Biodiversity Investigation and Habitat Hectare Assessment: Wallan Area Network Improvements, Wallan, Victoria

Final Report Biodiversity Investigation and Habitat Hectare Assessment: Wallan Area Network Improvements, Wallan, Victoria

Prepared for Regional Roads Victoria February 2020

Ecology and Heritage Partners Pty Ltd

MELBOURNE: 292 Mt Alexander Road, Ascot Vale VIC 3032 GEELONG: 230 Latrobe Terrace, Geelong West Vic 3218 BRISBANE: Level 22, 127 Creek Street, Brisbane QLD 4000 ADELAIDE: 22 Greenhill Road, Wayville SA 5034 CANBERRA: PO Box 6067, O’Connor ACT 2602 SYDNEY: Level 5, 616 Harris Street, Ultimo, NSW, 2007 www.ehpartners.com.au | (03) 9377 0100

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Assessment Biodiversity Investigation and Habitat Hectare Assessment Address Wallan Area Network Improvements, Wallan, Victoria Project number 11416 Project manager Shannon LeBel (Senior Ecologist) Report reviewer Shannon LeBel (Senior Ecologist) Jeremy Coyne (Zoologist), Kyra Evanochko (Botanist), Cat Stephenson (Senior Bushfire Consultant/ Other EHP staff Botanist) Mapping Petra Sorenson (GIS Officer) File name 11416_EHP_BA_Wallan_VicRoads_Finalv4_12022020 Client Regional Roads Victoria Bioregion Central Victorian Uplands and Victorian Volcanic Plain CMA Port Phillip and Westernport Council Mitchell Shire Council Comments updated Report versions Comments Date submitted by Draft 1 Report sent to VicRoads for review 19/12/2018 No comments from Client. Incorporation of Final summary results and implications relating to the SLB 20/03/2019 targeted fauna surveys Amended Responsible Authority under the Final v2 SLB 29/04/2019 Water Act 1989 Additional information regarding Golden Sun Moth, Growling Grass Frog, habitat along Final v3 Northern Highway and partial coverage of the CS 10/12/2019 study area by the Melbourne Strategic Assessment Final v4 Amending an in-text table reference CS 12/02/2020

Acknowledgements We thank the following people for their contribution to the project: • Bruno Spandonide (VicRoads) for project and site information; • The Victorian Department of Environment, Land, Water and Planning for access to ecological databases; • The Commonwealth Department of Environment and Energy for access to ecological databases.

Copyright © Ecology and Heritage Partners Pty Ltd This document is subject to copyright and may only be used for the purposes for which it was commissioned. The use or copying of this document in whole or part without the permission of Ecology and Heritage Partners Pty Ltd is an infringement of copyright.

Disclaimer Although Ecology and Heritage Partners Pty Ltd have taken all the necessary steps to ensure that an accurate document has been prepared, the company accepts no liability for any damages or loss incurred as a result of reliance placed upon the report and its contents.

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EXECUTIVE SUMMARY

Introduction

Ecology and Heritage Partners Pty Ltd was commissioned by VicRoads to conduct a Biodiversity Investigation and Habitat Hectare Assessment for the Wallan Area Network Improvement Project. This assessment was undertaken to identify and characterise the vegetation on-site, determine the presence (or likelihood thereof) of any significant flora and fauna species and/or ecological communities and address any implications under Commonwealth and State environmental legislation.

Methods

A series of field assessments were undertaken on 19th, 25th and 31st October 2018 to obtain information on terrestrial flora and fauna values within the study area. Where native vegetation was identified, a habitat hectare assessment was undertaken in conjunction with the flora survey. Vegetation within the study area was assessed according to the habitat hectare methodology, which is described in the Vegetation Quality Assessment Manual. Additional field assessments were undertaken on 28th, 29th and 30th October 2019 to assess potential habitat for Growling Grass Frog and Golden Sun Moth within and adjoining the study area. Assessments were also undertaken to identify habitat values (i.e. hollows, nests, spouts) within the trees along Northern Highway.

Results

Flora

One hundred and fourteen (114) flora species (30 indigenous and 84 non-indigenous or introduced) were recorded within the study area during the field assessment. Most of the indigenous species observed in the study area were planted as street or roadside trees, revegetation associated with the overpass construction over the Hume Freeway or ornamental plantings in Wallan Community Park. The trees within the road reserve along the Northern Freeway were confirmed to be old roadside plantings of Southern Mahogany Eucalyptus botryoides, Sugar Gum Eucalyptus cladocalyx and Spotted Gum Corymbia maculata.

Based on habitat present within the study area, landscape context and the proximity of previous records, significant flora species are considered unlikely to occur within the study area.

Fauna

Fourteen (14) fauna species were recorded within the study area during the field assessment, which consisted of nine native and three introduced bird species, and two native frog species. No significant fauna species were recorded during the field assessment. Targeted surveys were undertaken for the nationally significant Growling Grass Frog Litoria raniformis and Golden Sun Moth Synemon plana. Despite the surveys being undertaken in suitable conditions, and the species being observed elsewhere on the days that the surveys were undertaken, neither Growling Grass Frog or Golden Sun Moth were recorded within or adjacent to the study area.

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Although other national and/or significant fauna may occasionally visit the study area (i.e. birds) en-route to higher-quality habitat within the locality, both national and State significant fauna species are considered unlikely to occur to rely on habitat within the study area for foraging or breeding habitat. Potential fauna habitat within the trees along the Northern Highway was limited, with six individual trees containing hollows and/or spouts (i.e. openings at the end of broken branches). The hollows observed were all approximately 10 centimetres or less, thereby providing a limited scope of which animals could occupy these spaces.

Communities

Vegetation within the study area did not meet the condition thresholds that define any significant ecological communities.

Permitted Clearing Assessment (the Guidelines)

Although the Swampy Riparian Woodland vegetation has been planted, as it is considered that as the works were conducted for the purposes of enhancing biodiversity values, the removal of this vegetation is not exempt from the requirements of Clause 52.17.

Assuming all native vegetation within the proposed study area will be impacted, the study area is within Location 1, with 0.120 hectares of native vegetation proposed to be removed. As such, the permit application falls under the Basic Assessment pathway.

The offset requirement for native vegetation removal is 0.033 General Habitat Units (HUs). No Species HUs are generated by the existing proposal. Ecology and Heritage Partners can confirm that the likely offset obligations generated by this proposal can be satisfied through existing credits registered in our OTC database without any difficulty.

Melbourne Strategic Assessment and Biodiversity Conservation Strategy

The southern 600 metres of the study area along the Northern Highway is within the Melbourne Strategic Assessment and Biodiversity Conservation Strategy. The area subject to habitat compensation obligations for Golden Sun Moth and Growling Grass Frog are 1.997 hectares and 2.115 hectares respectively. The total compensation fee for works being undertaken in this area will be $34,900.90 (GST inclusive).

Legislative and Policy Implications

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act - Commonwealth)

In accordance with the Commonwealth approval conditions of the BCS made on 5 September 2013, provided the relevant habitat compensation obligations relating to the study area are met (Appendix 4.2 for habitat compensation obligations), there are no further assessments required to comply with the existing approval. Despite targeted surveys on four separate occasions in areas of potential habitat (Northern Highway road reserve), Golden Sun Moth was not detected within the study area. The species was detected at several known

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sites within Greater Melbourne on the same day as the surveys were conducted, indicating that conditions were suitable for surveying and identifying the species. As such, Golden Sun Moth is considered highly unlikely to occur within the study area. Furthermore, the paddocks north of Stage 1 to the west of the Hume Freeway are not considered to contain suitable habitat for Golden Sun Moth. The Golden Sun Moth typically occurs in native grassland and grassy woodland dominated by wallaby-grass Rytidosperma spp., Spear Grass Austrostipa spp. and Kangaroo Grass Themeda triandra, as well as in degraded grasslands dominated by the exotic Chilean Needle-grass (Nassella nessiana), which is a noxious weed. These grass species are intrinsically linked to the presence of Golden Sun Moth and integral to the viability of a population of the species. The paddocks north of Stage 1 are not considered to contain suitable habitat due to none of these grass species being observed during the field assessment, and no additional surveys are required.

No Growling Grass Frogs were detected during the targeted surveys conducted in 2018 and 2019 despite weather conditions being suitable. Based on targeted survey results, landscape context and the proximity of previous records, there is a low likelihood that the wetlands within the study area currently support a breeding population of Growling Grass Frogs or forms part of a dispersal corridor for the species. Based on the results of the targeted surveys, and absence of other matters of NES within the study area, a referral under the EBPC Act is not required.

Flora and Fauna Guarantee Act 1988 (FFG Act - Victoria)

There is potential habitat within the study area for several species listed or protected under the FFG Act. Several Wattles that are ‘protected’ under the FFG Act are present, with the majority of these having been planted. Planted protected or listed vegetation is not considered ‘wild’ under the FFG Act, and as such, a permit is not required to remove this vegetation. If any remnant protected flora species are proposed to be impacted on public land in Stages 1, 2 or 3, a permit under the FFG Act will be required. VicRoads should allow up to six weeks to obtain an FFG Act permit through DELWP.

Environment Effects Act 1978 (Victoria)

Based on the current development plan, vegetation proposed for removal does not meet any thresholds that triggers a referral under the Environment Effects Act 1978 (EE Act). The EE Act does list the loss of critical habitat of a species under the FFG Act as being a trigger, however neither species was recorded during the targeted surveys, and the potential habitat for each species is not considered to be ‘critical’ habitat. As such, it is considered that a referral is not required based on biodiversity considerations.

Planning and Environment Act 1987

A Planning Permit from Mitchell Shire Council is required to remove, destroy or lop any native vegetation (except where the ‘Planted Vegetation’ exemption applies). A permit under the VPO2 will be required to remove, destroy or lop native vegetation within the Hume Highway corridor.

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Other Legislation and Policy

Implications relating to other local and State policy (Wildlife Act 1975, Catchment and Land Protection Act 1994, local government authorities) as well as additional studies or reporting that may be required (targeted surveys, Conservation Management Plan, Weed Management Plan, Construction Environment Managements Plan) are provided in Section 5.

Table S1. Application requirements for a permit to remove native vegetation (Victoria Planning Provisions Clause 52.17 -3; DELWP 2017)

No. Application Requirement Response Basic Assessment Pathway Information about the native vegetation being removed, including: • The assessment pathway and reason for the assessment pathway;

• A description of the native vegetation to be removed; See Figure 2, Section 3.4 and Appendix 4 1 (NVR Report) • Maps showing the native vegetation and property in context; • The offset requirement that will apply if the native vegetation is approved to be removed.

Topographic and land information relating to the native vegetation to be removed, showing ridges, crests and hilltops, wetlands and waterways, 2 Details provided in Section 1.3 slopes of more than 20 per cent, drainage lines, low lying areas, saline discharge areas, and areas of existing erosion, as appropriate. 3 Recent dated photographs of the native vegetation to be removed. Refer to Section 3. Details of any other native vegetation approved to be removed, or that was removed without the required approvals, on the same property or on 4 Not Applicable contiguous land in the same ownership as the applicant, in the five year period before the application for a permit is lodged. An avoid and minimise statement. The statement describes any efforts to avoid the removal of, and minimise the impacts on biodiversity and other 5 Details provided in Section 5.1 vales of native vegetation, and how these efforts focussed on areas of native vegetation that have the most value. A copy of any Property Vegetation Plan contained within an agreement made 6 pursuant to Section 69 of the Conservation, Forests and Lands Act 1987 that Not Applicable applies to the native vegetation to be removed. Where the removal of native vegetation is to create defendable space, a written statement explaining why the removal of native vegetation is necessary. This statement must have regard to other available bushfire risk 7 Not applicable. mitigation measures. This statement is not required when the creation of defendable space is in conjunction with an application under the Bushfire Management Overlay. If the application is under Clause 52.16, a statement that explains how the 8 proposal responds to the Native Vegetation Precinct Plan considerations at Not applicable. decision guideline 8. An offset statement providing evidence that an offset that meets the offset 9 requirements for the native vegetation to be removed has been identified, Section 7.1.1. and can be secured in accordance with the Guidelines.

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CONTENTS

1 INTRODUCTION ...... 9 Background ...... 9 Purpose of the Assessment ...... 9 Study Area ...... 11 2 METHODS ...... 12 Desktop Assessment ...... 12 Field Assessments ...... 13 Guidelines for the removal, destruction or lopping of native vegetation (Guidelines) ...... 13 Melbourne Strategic Assessment and Biodiversity Conservation Strategy ...... 15 Assessment Qualifications and Limitations ...... 15 Consultation ...... 16 3 RESULTS ...... 17 Stage 1 - Watson Street Interchange Upgrade ...... 17 Stage 2 - Watson Street duplication between the Northern Highway and the Hume Freeway interchange ...... 19 Stage 3 - Northern Highway duplication between Watson Street and the Hume Freeway interchange South of Wallan...... 21 Removal of Native Vegetation (the Guidelines) ...... 23 Biodiversity Conservation Strategy Habitat Compensation Obligations ...... 24 Significance Assessment ...... 24 4 DISCUSSION ...... 28 5 LEGISLATIVE AND POLICY IMPLICATIONS ...... 29 Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) ...... 29 Flora and Fauna Guarantee Act 1988 (Victoria) ...... 30 Environment Effects Act 1978 (Victoria) ...... 30 Planning and Environment Act 1987 (Victoria) ...... 31 Wildlife Act 1975 and Wildlife Regulations 2013 (Victoria) ...... 33 Water Act 1989 (Victoria) ...... 33 Catchment and Land Protection Act 1994 (Victoria) ...... 33 6 HABITAT HECTARE ASSESSMENT ...... 34 7 MITIGATION MEASURES ...... 35 Mitigation Measures ...... 35 Best Practice Mitigation Measures ...... 35

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8 CONCLUSION ...... 40 9 RECOMMENDATIONS ...... 41 10 GLOSSARY OF TERMS ...... 43 REFERENCES...... 44 FIGURES ...... 47 APPENDICES ...... 62 APPENDIX 1. ASSIGNMENT BRIEF ...... 63 APPENDIX 2 - FLORA ...... 78 Appendix 2.1 – Flora Results ...... 78 Appendix 2.2 – Significant Flora Species ...... 82 APPENDIX 3 - FAUNA ...... 85 Appendix 3.1 – Significant Fauna Species ...... 85 APPENDIX 4. OFFSET ESTIMATION ...... 88 Appendix 4.1 – Native Vegetation Removal (NVR) Report...... 88 Appendix 4.2 – Habitat Compensation Obligations for the study area within the Biodiversity Conservation Strategy ...... 96

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1 INTRODUCTION

Background

Ecology and Heritage Partners Pty Ltd was commissioned by Regional Roads Victoria to conduct a Biodiversity Investigation and Habitat Hectare Assessment within the three stages of the Wallan Area Network Improvements Project (the ‘Project’), located in Wallan, Victoria

Access to the Hume Freeway is south of the Wallan township via the Northern Highway interchange and is the only existing southern entry and exit point. The Northern Highway exceeds capacity during peak periods and results in traffic queues that back onto the slow lanes of the Hume Freeway, increasing the potential for rear end crashes. The existing Hume Freeway/Watson Street interchange east of the Wallan Township was constructed in the mid 1970’s and comprises northerly orientated ramps and a freeway overpass. Planning for the Hume Freeway included the future provision of southerly orientated ramps at the Watson Street interchange and land was acquired and reserved for the construction of these ramps. To cater for predicted growth in the Wallan township, an additional southern access to the Hume Freeway is proposed that would provide additional ramps to the south and a new freeway overpass at a Watson Street interchange. Watson Street would be duplicated, and associated intersections upgraded between the new interchange and the Northern Highway intersection.

In combination with these changes, the Northern Highway would be duplicated to the south of Watson Street as outlined in Plate 1. It would service a large area of future residential development south of the Wallan township.

Purpose of the Assessment

The purpose of this assessment is to investigate the flora and fauna values within the Wallan Area Network Improvements Project and provide a detailed report including habitat hectare and habitat importance score assessments. Further, the assessment identified the extent and type of remnant native vegetation present within the study area and to determine the presence of significant flora and fauna species and/or ecological communities, and comprised the following components: • Review of relevant flora and fauna databases and available literature;

• A series of field assessments to identify flora and fauna values within the study area; • Provision of maps showing any areas of remnant native vegetation and locations of any significant flora and fauna species, and/or fauna habitat (if present);

• Classification of any flora and fauna species and vegetation communities identified or considered likely to occur within the study area in accordance with Commonwealth and State legislation; • Documentation of relevant environmental legislation and policy;

• Documentation of any opportunities and constraints associated with the proposed works; and,

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• Advice regarding the requirement for any additional flora and/or fauna surveys are required prior to works commencing (e.g. targeted surveys for significant flora and fauna species).

Where areas of remnant vegetation were present, the following tasks were completed to address requirements under the ‘Guidelines for the removal, destruction or lopping of native vegetation’ (Guidelines) (DELWP 2017a):

• A habitat hectare assessment of any areas of remnant native vegetation within the study area; • Recommendations to address requirements under the Guidelines to minimise impacts to remnant vegetation; and,

• Provision of offset targets for any native vegetation, scattered trees and habitat for rare or threatened species proposed to be lost as a result of the proposed works.

Plate 1. Proposed road network improvements in Wallan (Supplied by VicRoads).

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Study Area

The study area is located in Wallan, Victoria, approximately 45 kilometres north of Melbourne’s CBD (Figure 1). The study area generally includes the 50 metre area each side of the road reserves along Hume Freeway, Northern Highway and Watson Street (Figure 2). The Project has been broken down into three stages (as shown in Plate 1 and Figure 2): • Stage 1 - Watson Street Interchange Upgrade (including new freeway overpass structure and southern ramps). This stage also includes the potential drainage realignment north of the existing alignment outside the study area on private property; • Stage 2 - Watson Street duplication between the Northern Highway and the Hume Freeway interchange.; and, • Stage 3 - Northern Highway duplication between Watson Street and the Hume Freeway interchange South of Wallan.

The road reserves in all stages are generally flat; however, there are some drainage lines that pass under the existing roads, particularly Watson Street. The road reserves along the Hume Freeway, Watson Street and the northern third of the Northern Highway are regularly slashed and maintained, while the remainder of the Northern Highway appears largely unmanaged and was comprised of extensive areas of long grass as the time of the field assessments. According to the Department of Environment, Land, Water and Planning (DELWP) Native Vegetation Information Management (NVIM) Tool (DELWP 2019a), the study area occurs within the Central Victorian Uplands and Victorian Volcanic Plain bioregions (approximately half the study area is covered by each bioregion). It is located within the jurisdiction of the Port Phillip and Westernport Catchment Management Authority (CMA) and the Mitchell Shire Council municipality.

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2 METHODS

Desktop Assessment

Relevant literature, online-resources and databases were reviewed to provide an assessment of flora and fauna values associated with the study area. The following information sources were reviewed: • The DELWP NVIM Tool (DELWP 2019a) and NatureKit (DELWP 2019b) for: o Modelled data for location risk, remnant vegetation patches, scattered trees and habitat for rare or threatened species; and, o The extent of historic and current EVCs.

• EVC benchmarks (DELWP 2019c) for descriptions of EVCs within the relevant bioregion; • The Victorian Biodiversity Atlas (VBA) for previously documented flora and fauna records within the project locality (DELWP 2019d);

• The Illustrated Flora Information System of Victoria (IFLISV) (Gullan 2017) for assistance with the distribution and identification of flora species; • The Commonwealth Department of the Environment (DoEE) Protected Matters Search Tool (PMST) for matters of National Environmental Significance (NES) protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (DoEE 2018); • Relevant listings under the Victorian Flora and Fauna Guarantee Act 1988 (FFG Act), including the latest Threatened and Protected Lists (DELWP 2019e; DELWP 2017c); • The Planning Maps Online (DELWP 2019f) and Planning Schemes Online (DELWP 2019g) to ascertain current zoning and environmental overlays in the study area;

• Other relevant environmental legislation and policies as required; • Aerial photography of the study area; and, • Previous ecological or other relevant assessments of the study area, including: o Brett Lane & Associates (BL&A) 2010. Northern Highway Duplication, Wallan to Kilmore: Flora and Fauna Assessment. o Biosis 2006. Flora and Fauna Assessment of the Northern Highway – Wallan to Kilmore, Victoria. o Ecology and Heritage Partners 2014. Environment Effects Statement (Flora and Fauna): Kilmore to Wallan Bypass.

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Field Assessments

2.2.1 Vegetation Assessment A vegetation assessment was undertaken on 19th, 25th and 31st October 2018 to obtain information on flora values within the study area. The study area was walked, with all observed vascular flora species recorded, any significant records mapped and the overall condition of vegetation noted. Remnant vegetation in the local area was also investigated to assist in determining the pre-European vegetation within the study area. EVCs were determined with reference to DELWP pre-1750 and extant EVC mapping (DELWP 2019a) and their published descriptions (DELWP 2019c). Where remnant vegetation was identified a habitat hectare assessment was undertaken following methodology described in the Vegetation Quality Assessment Manual (DSE 2004).

2.2.2 Fauna Assessment A fauna assessment was undertaken on 31 October 2018 to obtain information on terrestrial fauna values within the study area. The study area was visually assessed and active searching under and around ground debris for reptiles, frogs and small mammals was undertaken. Binoculars were also used to scan the area for birds, and observers listened for calls and searched for other signs of fauna such as nests, remains of dead animals, droppings and footprints. Potential habitat for fauna was assessed, with a particular emphasis on habitats that may provide shelter, food or other resources for significant species.

Additional field assessments were undertaken on 28th, 29th and 30th October 2019 to assess potential habitat for Growling Grass Frog and Golden Sun Moth within and adjoining the study area. Assessments were also undertaken to identify habitat values (i.e. hollows, nests, spouts) within the trees along Northern Highway.

The methodology and results of the 2019 Growling Grass Frog and Golden Sun Moth targeted surveys are provided in a sperate report (Ecology and Heritage Partners 2019).

Guidelines for the removal, destruction or lopping of native vegetation (Guidelines)

Under the Planning and Environment Act 1987, Clause 52.17 of the Planning Schemes requires a planning permit from the relevant local Council to remove, destroy or lop native vegetation. The assessment process for the clearing of vegetation follows the ‘Guidelines for the removal, destruction or lopping of native vegetation’ (Guidelines) (DELWP 2017a). The ‘Assessor’s handbook – applications to remove, destroy or lop native vegetation’ (Assessor’s handbook) (DELWP 2017b) provides clarification regarding the application of the Guidelines.

2.3.1 Assessment Pathway The Guidelines manage the impacts on biodiversity from native vegetation removal (DELWP 2017a). The assessment pathway for an application to remove native vegetation reflects its potential impact on biodiversity and is determined from the location and extent of the native vegetation to be removed. The location risk (1, 2 or 3) has been determined for all areas in Victoria and is available on DELWP’s Native Vegetation Information Management (NVIM) Tool (DELWP 2019a). Determination of assessment pathway is summarised in Table 1.

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Table 1. Assessment pathways for applications to remove native vegetation (DELWP 2017a)

Location Extent 1 2 3

< 0.5 hectares, and not including any large trees Basic Intermediate Detailed Native Less than 0.5 hectares, and including one or more large trees Intermediate Intermediate Detailed Vegetation 0.5 hectares or more Detailed Detailed Detailed Note: For the purpose of determining the risk-based pathway of an application to remove native vegetation the extent includes any other native vegetation that was permitted to be removed on the same contiguous parcel of land with the same ownership as the native vegetation to be removed, where the removal occurred in the five year period before an application to remove native vegetation is lodged.

2.3.2 Vegetation Assessment Native vegetation (as defined in Table 2) is assessed using two key parameters: extent (in hectares) and condition. For the purposes of this assessment, both condition and extent were determined as part of the habitat hectare1 assessment conducted by a qualified ecologist during the vegetation assessment.

Table 2. Determination of remnant native vegetation (DELWP 2017a)

Category Definition Extent Condition An area of vegetation where at least 25 per cent of the total perennial understorey plant cover is native. Measured in hectares. Vegetation Quality Remnant patch of OR Assessment Manual native vegetation Based on hectare area of An area with three or more native canopy the remnant patch. (DSE 2004). trees where the drip line of each tree touches the drip line of at least one other tree, forming a continuous canopy. Measured in hectares. A small tree is assigned an extent of 0.031 hectares Scattered trees are A native canopy tree that does not form part Scattered tree (10m radius). assigned a default of a remnant patch. A large tree is assigned an condition score of 0.2. extent of 0.071 hectares (15m radius). Notes: Native vegetation is defined in the Victoria Planning Provisions as ‘plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses’.

2.3.3 Offsets Offsets are required to compensate for the permitted removal of native vegetation. Offsets are divided into two categories: General and Species Habitat Units (HUs).

1 A ‘habitat hectare’ is a unit of measurement which combines the condition and extent of native vegetation.

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The offset requirements for native vegetation removal are calculated by DELWP, based on the vegetation condition scores determined during the biodiversity assessment. The Native Vegetation Removal (NVR) Report is presented in Appendix 4.1.

Melbourne Strategic Assessment and Biodiversity Conservation Strategy

The Biodiversity Conservation Strategy (BCS) (DEPI 2013a) and associated sub-regional species’ strategies (DEPI 2013b; 2013c; 2013d; DSE 2009a) identify conservation outcomes and offset consolidation strategies for Victoria’s native vegetation and matters of National Environmental Significance, including mechanisms for how these outcomes will be delivered. The BCS covers Melbourne’s four growth corridor within the expanded 2010 Urban Growth Boundary, as well as the previous 28 precincts, except where a planning scheme amendment to introduce a Precinct Structure Plan (PSP) has been approved prior to 1 March 2012. Classes of actions associated with urban development in the majority of the land in Melbourne’s growth corridors have been approved under section 146B of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). An approval was made in relation to the western, north-western and northern growth corridors on 5 September 2013. An approval in relation to the south-eastern growth corridor was made on 11 September 2014. The Commonwealth approvals implement key elements of the Biodiversity Conservation Strategy (BCS) (DEPI 2013a) for Melbourne’s Growth Corridors. The study area is partially located within the Wallan South & Wallan East (Part 1) PSP in Melbourne’s northern growth corridor.

The Commonwealth approvals are subject to conditions, which include habitat compensation obligations and the restriction of urban development in identified conservation areas. This data has been used to determine the habitat compensation obligations for the study area to which the BCS applies (Figure 2; Appendix 4.2).

Assessment Qualifications and Limitations

Data and information held within the ecological databases and mapping programs reviewed in the desktop assessment (e.g. VBA, PMST, NatureKit Maps etc.) are unlikely to represent all flora and fauna observations within, and surrounding, the study area. It is therefore important to acknowledge that a lack of documented records does not necessarily indicate that a species or community is absent. Ecological values identified on site are recorded using a hand-held GPS or tablet with an accuracy of +/-1 metre. This level of accuracy is considered adequate to provide an accurate assessment of the ecological values present within the study area; however, this data should not be used for detailed surveying purposes. The field assessment was undertaken during a suitable season for the identification of flora and fauna species (mid-Spring). However, the ‘snap shot’ nature of a standard biodiversity assessment meant that migratory, transitory or uncommon fauna species may have been absent from typically occupied habitats at the time of the field assessment. In addition, annual or cryptic flora species such as those that persist via underground tubers may also be absent.

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The terrestrial flora and fauna data collected during the field assessments and information obtained from relevant desktop sources is considered adequate to provide an accurate assessment of the ecological values present within the study area and on relevant adjoining property.

Consultation

It is understood that VicRoads has briefed the Mitchell Shire Council and is working with the Department of Environment, Land Water and Planning (DELWP) through the planning approval process. Consultation with the broader community was undertaken in June 2018, presenting concept plans for the interchange and Watson St duplication, and seeking local knowledge for the Northern Highway, in order to develop concept plans.

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3 RESULTS

Stage 1 - Watson Street Interchange Upgrade

3.1.1 Vegetation Condition Stage 1 largely contains exotic grasses and planted trees and shrubs, with some scattered native vegetation occasionally present.

3.1.1.1 Remnant Patches

No patches of native vegetation as defined by the Guidelines (DELWP 2017) were recorded within Stage 1.

3.1.1.2 Introduced and Planted Vegetation

Introduced Vegetation

Vegetation within the Stage 1 is either comprised of exotic vegetation or plated native or non-native vegetation.

The exotic vegetation within the Stage 1 mostly consists of common exotic pasture grass species and other weedy species such as Perennial Ryegrass Lolium perenne, Toowoomba Canary-grass Phalaris aquatica, White Clover Trifolium repens, Cape Weed Arctotheca calendula and Buck’s-horn Plantain Plantago coronopus (Plate 2). The drainage line along Stage 1’s eastern-most boundary (Figure 2a) contains a range of native and exotic vegetation, however there was not enough coverage of native species to constitute a patch given that the area was dominated by introduced species such as Common Peppercress Lepidium africanum, Water Plantain Alisma lanceolatum, Hop Clover Trifolium campestre var. campestre and Cleavers Galium aparine (Plate 3). Several noxious weeds are recorded in close proximity to the Hume Highway interchange including Spear Thistle Cirsium vulgare, Blackberry Rubus fruticosus aggregate, Hawthorn Crataegus monogyna, Artichoke Thistle Cynara cardunculus, Paterson’s Curse Echium plantagineum, African Love Grass Eragrostis curvula, Montpellier Broom Genista monspessulana, Serrated Tussock Nassella trichotoma and Sweet Briar Rosa rubignosa. Of particular note was a large infestation of Gorse Ulex europaeus located south of Watson Street and east of the Hume Highway (Plate 4).

Planted Vegetation

Planted vegetation within the Hume Freeway road reserve is mostly comprised of planted native species including Swamp Paperbark Melaleuca ericifolia, Blackwood Acacia melanoxylon, River Red-gum Eucalyptus camaldulensis, Slender-leaf Mallee Eucalyptus leptophylla and Southern Mahogany Eucalyptus botryoides (Plate 5).

Although many of these specimens are native to Victoria, as with most plantings along road and freeway reserves within Victoria, plantings are predominantly undertaken for amenity purposes rather than the enhancement of biodiversity values. As such, it is considered that the removal of these specimens would be exempt from requiring a planning permit in accordance with the ‘Planted Vegetation’ exemption detailed in Clause 52.17-7 of the Mitchell Shire Planning Scheme.

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Plate 2. Pasture grass and rows of Swamp Paperbarks Plate 3. Vegetation composition in the drainage line to along the Hume Freeway (Ecology and Heritage Partners the east of Stage 1. Note: The thicker stands of native Pty Ltd 19/10/2018). rush towards the back of this photo are outside the study area (Ecology and Heritage Partners Pty Ltd 19/10/2018).

Plate 4. Large infestation of Gorse at the eastern-most Plate 5. Planted non-indigenous eucalypts along Watson point in the study area along Watson Street (Ecology and Street un the lead up to the Hume Freeway overpass Heritage Partners Pty Ltd 19/10/2018) (Ecology and Heritage Partners Pty Ltd 19/10/2018).

3.1.1.3 Scattered Trees

There are no scattered trees or Large Trees within Stage 1.

3.1.2 Fauna Habitat

Planted Trees

Planted trees occur throughout Stage 1 and provide an important resource for arboreal fauna. The majority of the eucalypts are immature meaning that few hollows or bark fissures are likely to be present. Trees provide habitat for more mobile fauna species, vantage points and nesting areas for diurnal and nocturnal raptors, as well as stepping stones for more mobile fauna moving through the study area, enhancing landscape permeability for native fauna

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Native and Introduced Grasslands

The majority of the study area consists of modified road reserves which are likely to be used as a foraging resource by common generalist bird species which are tolerant of modified open areas. Fourteen (14) fauna species were recorded within the study area during the field assessment, which consisted of nine native (e.g. Australian Magpie Cracticus tibicen, Crimson Rosella Platycercus elegans, Australian Raven Corvus coronoides) three introduced bird species (e.g. Spotted Dove Spilopelia chinensis), and two native frog species (e.g. Pobblebonk Limnodynastes dumerilii). No significant fauna species were recorded during the field assessment.

Potential habitat for the nationally significant Growling Grass Frog Litoria raniformis was identified in Stage 1 within the Wallan drainage line adjacent to Watson Street (Figure 2). Further information is provided in Section 3.6.2.2.

A visual inspection of the paddocks adjoining the study area’s northern boundary just west of the Hume Freeway were assessed from the study area for potential Golden Sun Moth habitat. The paddocks were dominated by exotic pasture grasses, predominantly Sweet Vernal-grass Anthoxanthum odoratum and Toowoomba Canary-grass Phalaris aquatica. No species preferred by Golden Sun Moth (i.e. Chilean Needle- grass Nassella neesiana, Spear Grass Austrostipa spp., Kangaroo Grass Themeda triandra and Wallaby-grass Rytidosperma spp.) were observed. As such, due to the absence of the preferred food plants, it was considered that targeted surveys were not required in these areas.

Stage 2 - Watson Street duplication between the Northern Highway and the Hume Freeway interchange

3.2.1 Vegetation Condition Native vegetation within the study area is representative of one EVC, being Swampy Riparian Woodland (EVC 83). The presence of this EVC is generally consistent with the modelled pre-1750s native vegetation mapping (DELWP 2019b). This EVC was recorded in a revegetation wetland immediately north of Watson Street within the Wallan Community Park (Figure 2b).

3.2.1.1 Remnant Patches

Swampy Riparian Woodland

A revegetated wetland exists along the northern boundary of Watson Street within the Wallan Community Park (Figure 2b). It is understood that the wetlands were revegetated using government funding provided to the Wallan Environment Group via a series of grants for the purposes of restoring the wetland area and enhancing ecological/biodiversity values (Merri Creek Management Committee 2018). The planted vegetation composition most closely aligns with Swampy Riparian Woodland (EVC 83), which is part of the Swampy Riparian Complex. There is a wide variety of native species present, including Silver Wattle Acacia dealbata, Silver Banksia Banksia marginata, and River Red-gum Eucalyptus camaldulensis in the canopy/overstory layer, while the understory and ground layer comprises, Black Anther Flax-lily Dianella

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admixta, Hop Goodenia Goodenia ovata, Austral Indigo Indigofera australis, Rush Juncus spp., Common Tussock-grass Poa labillardierei and Caldwell’s Club-rush Bolboschoenus caldwellii (Plate 6; Plate 7).

Although the vegetation has been planted, as it is considered that the works were conducted for the purposes of enhancing biodiversity values, the removal of this vegetation is not exempt from the requirements of Clause 52.17.

3.2.1.2 Introduced and Planted Vegetation

Introduced Vegetation

Vegetation within the Stage 2 is either comprised of exotic vegetation or plated native or non-native vegetation.

The exotic vegetation within the Stage 1 mostly consists of common exotic grass species a such as Perennial Ryegrass, Toowoomba Canary-grass, White Clover and Kikuyu Pennisetum clandestinum (Plate 2). The drainage line along Stage 2’s eastern-most boundary (Figure 2a) contains a range of native and exotic vegetation, however there was not enough coverage of native species to constitute a patch given that the area was dominated by introduced species such as Common Peppercress, Water Plantain, Hop Clover and Cleavers.

Plate 6. Swampy Riparian Woodland north of Watsons Plate 7. Swampy Riparian Woodland and mown grass Street (Ecology and Heritage Partners Pty Ltd 19/10/2018). strip north of Watsons Street (Ecology and Heritage Partners Pty Ltd 19/10/2018).

Planted Vegetation

Planted vegetation along Watson Street are largely exotic street tree plantings and include Desert Ash Fraxinus angustifolia, Scotts Pine Pinus sylvestris, English Oak Quercus robur and Cork Oak Quercus suber.

3.2.1.3 Scattered Trees

There are no scattered trees or Large Trees within Stage 2.

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3.2.2 Fauna Habitat

Native and Introduced Grasslands

The majority of the study area consists of modified road reserves which are likely to be used as a foraging resource by common generalist bird species which are tolerant of modified open areas. No significant fauna species were recorded during the field assessment. Potential habitat for the nationally significant Growling Grass Frog Litoria raniformis was identified in Stage 2 within the Wallan Community Park and associated drainage line (Figure 2). Further information is provided in Section 3.6.2.2.

Stage 3 - Northern Highway duplication between Watson Street and the Hume Freeway interchange South of Wallan

3.3.1 Vegetation Condition Stage 3 largely contains exotic grasses and planted trees and shrubs, with some scattered native vegetation occasionally present.

3.3.1.1 Remnant Patches

No patches of native vegetation as defined by the Guidelines (DELWP 2017) were recorded within Stage 3.

3.3.1.2 Introduced and Planted Vegetation

Introduced Vegetation

Vegetation within the Stage 3 is comprised of a combination of exotic and planted vegetation. The ground layer is dominated by a suite of pasture grasses, predominantly Kikuyu, Toowoomba Canary-grass, Perennial Ryegrass, Sweet Vernal-grass Anthoxanthum oderatum, Yorkshire Fog Holcus lanatus and Cocksfoot Dactylis glomerata (Plate 8; Plate 9). Noxious weeds present in high abundance along the Northern Highway included Spear Thistle, Blackberry, Hawthorne and Sweet Briar.

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Plate 8. Exotic grasses in the Northern Hwy road reserve Plate 9. Exotic grasses in the Northern Hwy road reserve (Ecology and Heritage Partners Pty Ltd 06/12/2018). (Ecology and Heritage Partners Pty Ltd 06/12/2018).

Planted Vegetation

The trees within the road reserve along the Northern Freeway comprised old roadside plantings of the Australian native, Southern Mahogany, Sugar Gum Eucalyptus cladocalyx and Spotted Gum Corymbia maculata. A large section of the road reserve where the Northern Highway intersects the Duke Street Drain is comprised of a dense stand of European Elm Ulmus spp.

3.3.1.3 Scattered Trees

There are no scattered trees or Large Trees within Stage 3.

3.3.2 Fauna Habitat

Planted Trees

Planted trees occur throughout Stage 3 and provide an important resource for arboreal fauna. Some of the mature eucalypts were observed to support a range of small-sized hollows, nests, spouts (i.e. hollows in branch ends) and bark fissures during the 2019 field assessments. Four trees provide hollows up to approximately 15 centimetres, one tree contains a nest and one tree provides a spout (Figure 2, 2f-i). Trees provide habitat for more mobile fauna species, vantage points and nesting areas for diurnal and nocturnal raptors, as well as stepping stones for more mobile fauna moving through the study area, enhancing landscape permeability for native fauna.

Native and Introduced Grasslands

The majority of the study area consists of modified road reserves which are likely to be used as a foraging resource by common generalist bird species which are tolerant of modified open areas.

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No significant fauna species were recorded during the field assessment. However, potential habitat (albeit, marginal) for the nationally significant Golden Sun Moth Synemon plana was identified in Stage 3 (Figure 2). Further information is provided in Section 3.6.2.1.

Removal of Native Vegetation (the Guidelines)

Native vegetation within the study area is representative of one EVC, being Swampy Riparian Woodland (Stage 2 only). Although the majority of this patch is located outside of the Stage 2 study area, a small section overlaps the potential construction footprint. Although the Swampy Riparian Woodland vegetation has been planted, as it is considered that as the works were conducted for the purposes of enhancing biodiversity values, the removal of this vegetation is not exempt from the requirements of Clause 52.17.

3.4.1 Vegetation proposed to be removed Assuming all native vegetation within the proposed study area will be impacted, the study area is within Location 1, with 0.120 hectares of native vegetation proposed to be removed. As such, the permit application falls under the Basic Assessment pathway (Table 3). Condition scores for native vegetation proposed to be removed were determined as part of the habitat hectares assessment, with condition scores provided in Section 6.

Table 3. Removal of Native Vegetation (the Guidelines)

Assessment pathway Basic Total Extent 0.120 Remnant Patch (ha) 0.120 Scattered Trees (no.) 0 Large Trees within patches (no.) 0 Location Risk 1

3.4.2 Offset Targets The offset requirement for native vegetation removal is 0.033 General Habitat Units (HUs). No Species HUs are generated by the existing proposal. A summary of proposed offset requirements is presented in Table 4 and the Native Vegetation Removal (NVR) Report is presented in Appendix 4.

Table 4. Offset targets

General Offsets Required 0.033 Species Offsets Required None Vicinity (catchment / LGA) Port Phillip and Westernport CMA / Mitchell Shire Council Minimum Strategic Biodiversity Value* 0.096

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Biodiversity Conservation Strategy Habitat Compensation Obligations

Offsets and habitat compensation fees associated with removal of native vegetation and fauna habitat under the BCS are based on the Draft Habitat Compensation under the Biodiversity Conservation Strategy (DEPI 2013d), and are calculated with the following considerations: Growling Grass Frog (DEPI 2013b): • All land within the northern, north-western, western and south-eastern growth areas and the Outer Metropolitan Ring Transport Corridor mapped as Category 1 or 2 habitat will invoke a compensatory habitat fee of $8,281.90 (GST inclusive) per hectare cleared to cover the cost of establishing and managing the Growling Grass Frog corridors as set out in the Sub-regional Species Strategy;

Golden Sun Moth (DEPI 2013c): • All non-native habitat cleared will invoke a compensatory habitat fee of $8,705.40 (GST inclusive) per hectare cleared.

The study area is not labelled as ‘Potential Salvage Operations’ and salvage is therefore not required.

Based on the proposed study area, the habitat compensation obligations fees for the land subject to the BCS is $34,900.90 (GST inclusive) (Table 5; Appendix 4.2).

Table 5. Habitat compensation obligation fees for the study area within the Biodiversity Conservation Strategy.

Number of hectares/trees Costs under the BCS per Habitat compensation fee Matter of NES covered by matters of NES hectare (GST inclusive) (GST inclusive) within the study area

Growling Grass Frog 2.115 $8,281.90 $17,516.22

Golden Sun Moth 1.997 $8,705.40 $17,384.68 Total (GST inclusive) $34,900.90

Significance Assessment

3.6.1 Flora One hundred and fourteen (114) flora species (30 indigenous and 84 non-indigenous or introduced) were recorded within the study area during the field assessment. A consolidated list of flora species recorded is provided in Appendix 2.1. The VBA contains records of five nationally significant and 24 State significant flora species previously recorded within 10 kilometres of the study area (DELWP 2019d) (Appendix 3). The PMST nominated an additional 11 nationally significant species which have not been previously recorded but have the potential to occur in the locality (DoEE 2018).

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A record of the State significant Small-flower Wallaby-grass Rytidosperma monticola has previously been recorded within the study area half way along the Northern Highway in 2005 (Figure 3). However, this species was not observed during the field assessment due to the high cover of Perennial Ryegrass, Sweet Vernal-grass and Toowoomba Canary-grass dominating the ground layer in these sections of the road reserve. Based on the highly modified nature of the road reserves within Stages 1, 2 and 3, landscape context, dominance by exotic flora, lack of suitable habitat and the proximity of previous records, national and State significant flora species are considered unlikely to occur within the study area (Appendix 2.2).

Recommendation

Targeted surveys for national or State significant flora are not required in Stage 1, 2 or 3.

3.6.2 Fauna The VBA contains records of 12 nationally significant, 21 State significant and nine regionally significant fauna species previously recorded within 10 kilometres of the study area (DELWP 2019d) (Appendix 4). The PMST nominated an additional two nationally significant species which have not been previously recorded but have the potential to occur in the locality (DoEE 2018). Although there are no previous significant fauna records located within the study area, there are several records of the nationally significant Golden Sun Moth in close proximity to the Wallan township. Further, there are a high number of Growling Grass Frog records located near Donnybrook adjacent to Merri Creek and Kalkallo Creek (Figure 4).

Although the study area is highly modified, based on the landscape context and the proximity of previous records, there is potential habitat within the study area for Golden Sun Moth (Stage 3) and Growling Grass Frog (Stages 1-2).

3.6.2.1 Golden Sun Moth

While dominated by exotic grasses, it is considered that the road side of the Northern Highway has the potential to provide habitat for Golden Sun Moth due to the presence of scattered Wallaby Grass Rytidosperma spp. (Figure 2, 2b, 2c). Furthermore, the VBA contains several records of the Golden Sun Moth occurring within 10 kilometres of the study area, with 14 of those records occurring approximately two kilometres west of the study area in 2016 in contiguous habitat (Figure 4). Despite targeted surveys on four separate occasions, Golden Sun Moth was not detected within potential habitat located in the road reserve of the Northern Highway. The species was detected at several known sites within Greater Melbourne on the same day as the surveys were conducted, indicating that conditions were suitable for surveying and identifying the species. As such, Golden Sun Moth is considered highly unlikely to occur within the study area. The results of these surveys are presented in a separate report (Ecology and Heritage Partners 2019).

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The adjoining paddocks north of Watson Street between the wetlands and Hume Freeway were assessed from Watson Street road reserve in October 2019 to determine whether they contain viable habitat for the Golden Sun Moth, as there is the potential that Wallan Creek might be realigned to flow through the adjoining northern paddocks. The adjoining paddocks are entirely dominated by exotic grass species, such as Sweet Vernal-grass and Toowoomba Canary-grass, which are not a potential food source for the species. As such, due to the absence of the species preferred food plants, it is considered highly unlikely that Golden Sun Moth would utilise the paddock as habitat, and targeted surveys were not considered to be required.

3.6.2.2 Growling Grass Frog

Within Stages 1 and 2, the wetland/drainage line east of the Watson Street/Hume Freeway south bound exit ramp intersection, and the drainage line west of the Watson Street/Hume Freeway north bound entry ramp both contain potential habitat for Growing Grass Frog (Figure 2). Three additional locations adjoining Stages 1 and 2 of the study area also contain suitable habitat (Figure 2, 2a-c). These areas are considered suitable due to the presence of permanent water bodies such as slow-flowing streams, constructed wetlands, irrigation channels and standing water and ephemeral waterbodies including small bogs. Favoured sites include those with vegetation lining the banks and water bodies with a large proportion of emergent, submerged and floating vegetation. No Growling Grass Frogs were detected during the targeted surveys undertaken in 2018 and 2019 despite weather conditions being suitable. Based on targeted survey results, landscape context and the proximity of previous records, there is a low likelihood that the wetlands and drainage lines within the study area currently support a breeding population of Growling Grass Frogs or forms part of a dispersal corridor for the species. The results of these surveys are presented in a separate report (Ecology and Heritage Partners 2019).

3.6.3 Communities Five nationally listed ecological communities are predicted to occur within 10 kilometres of the study area (DoEE 2018). • Grassy Eucalypt Woodland on the Victorian Volcanic Plain; • Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia;

• Natural Temperate Grassland of the Victorian Volcanic Plain; • Seasonal Herbaceous Wetlands (freshwater) of the Temperate Lowland Plains; and

• White Box-Yellow Box-Blakely’s Red Gum Grassy Woodland and Derived Native Grassland.

Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains is a Critically Endangered ecological community under the EPBC Act that was identified as likely to occur within 10 kilometres of the study area. However, the community is not considered to be present within the study area as the waterbodies identified within the study area are mainly constructed wetlands or stormwater treatment ponds with modified water regimes which support permanent water and do not meet the condition thresholds associated with this community.

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Due to the absence of large areas supporting native vegetation and the high cover of exotic and planted flora, no national or State significant ecological communities are present.

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4 DISCUSSION

Previous assessments conducted along the Northern Highway have recorded either no native vegetation between the Hume Highway and Watsons Street (BL&A 2010) or only small, discrete patches of grassland (Biosis 2006).

Although native grassland was previously been recorded within the road reserve of Northern Highway, this assessment was conducted in 2006, and modifications to the landscape due to agricultural activities and wed encroachment are likely to have reduced the quality to a condition where the presence of scattered native grasses no longer meet the threshold that defines a patch of native vegetation in Victoria (Table 2). A total of 114 flora species were recorded within the three stages during the field assessments. Of these, 30 were indigenous and 84 non-indigenous or introduced.

The Stage 1, 2 and 3 study areas are all in poor ecological condition, with only the constructed wetland within Stage 2 (Wallan Community Park) providing moderate ecological value. However, the wetland is located almost entirely outside the proposed footprint of Stage 2, and any impact to this vegetation, and associated habitat for Growling Grass Frog is likely to be minimal. Although potential habitat for the nationally significant Golden Sun Moth and Growling Grass Frog has been identified, targeted surveys undertaken did not record either species within potential habitats, and there is considered to be a low likelihood that either species is present or will be impacted by the proposed works (Ecology and Heritage Partners 2019).

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5 LEGISLATIVE AND POLICY IMPLICATIONS

Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a Commonwealth process for the assessment of proposed actions likely to have a significant impact on any matters of National Environment Significance (NES), described in Table 6.

Table 6. Potential impacts to matters of National Environmental Significance (NES)

Matter of NES Potential Impacts World Heritage properties The proposed action will not impact any properties listed for World Heritage. National heritage places The proposed action will not impact any places listed for national heritage. The study area occurs 55 kilometres upstream of one Ramsar wetland (DoE 2016): Port Phillip Ramsar wetlands of Bay (Western Shoreline) and Bellarine Peninsula). international significance The proposed action is unlikely to impact the ecological character of any Ramsar wetland. There is potential habitat within the study area for two fauna species listed under the EPBC Threatened species and Act (Golden Sun Moth, Growling Grass Frog) (Section 3.6.1 and 3.6.2). However, neither ecological communities species was recorded during targeted surveys. No ecological community listed under the EPBC Act were recorded within the study area (Section 3.6.3). Migratory and marine The study area would not be classed as an ‘important habitat’ as defined under the EPBC Act species Policy Statement 1.1 Principal Significant Impact Guidelines (DoE 2013). Commonwealth marine area The proposed action will not impact any Commonwealth marine areas. Nuclear actions (including The proposed action is not a nuclear action. uranium mining) Great Barrier Reef Marine The proposed action will not impact the Great Barrier Reef Marine Park. Park Water resources impacted by coal seam gas or mining The proposed action is not a coal seam gas or mining development. development

5.1.1 Biodiversity Conservation Strategy In accordance with the Commonwealth approval conditions of the BCS made on 5 September 2013, provided the relevant habitat compensation obligations relating to the study area are met (Appendix 4.2 for habitat compensation obligations), there are no further assessments required to comply with the existing approval.

5.1.2 Outside the Biodiversity Conservation Strategy Despite targeted surveys on four separate occasions in areas of potential habitat (Northern Highway road reserve), Golden Sun Moth was not detected within the study area. The species was detected at several known sites within Greater Melbourne on the same day as the surveys were conducted, indicating that conditions were suitable for surveying and identifying the species. As such, Golden Sun Moth is considered highly unlikely to occur within the study area.

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Furthermore, the paddocks north of Stage 1 to the west of the Hume Freeway are not considered to contain suitable habitat for Golden Sun Moth. The Golden Sun Moth typically occurs in native grassland and grassy woodland dominated by wallaby-grass Rytidosperma spp., Spear Grass Austrostipa spp. and Kangaroo Grass Themeda triandra, as well as in degraded grasslands dominated by the exotic Chilean Needle-grass (Nassella nessiana), which is a noxious weed. These grass species are intrinsically linked to the presence of Golden Sun Moth and integral to the viability of a population of the species. The paddocks north of Stage 1 are not considered to contain suitable habitat due to none of these grass species being observed during the field assessment, and no additional surveys are required.

Flora and Fauna Guarantee Act 1988 (Victoria)

The FFG Act is the primary legislation dealing with biodiversity conservation and sustainable use of native flora and fauna in Victoria. Proponents are required to apply for an FFG Act Permit to ‘take’ listed and/or protected flora species, listed vegetation communities and listed fish species in areas of public land (i.e. within road reserves, drainage lines and public reserves). An FFG Act permit is generally not required for removal of species or communities on private land, or for the removal of habitat for a listed terrestrial fauna species. There is suitable habitat within the study area for several ‘protected’ flora species (Appendix 2.1; Appendix 2.2) and two fauna species listed under the FFG Act (Appendix 3.1).

5.2.1 Implications There is potential habitat within the study area for several species listed or protected under the FFG Act. Several Wattles that are ‘protected’ under the FFG Act are present, with the majority of these having been planted. Planted protected or listed vegetation is not considered ‘wild’ under the FFG Act, and as such, a permit is not required to remove this vegetation. If any remnant protected flora species are proposed to be impacts within public land in Stages 1, 2 or 3, a permit under the FFG Act will be required. VicRoads should allow up to six weeks to obtain a FFG Act permit through DELWP.

Environment Effects Act 1978 (Victoria)

The Environment Effects Act 1978 provides for assessment of proposed actions that are capable of having a significant effect on the environment via the preparation of an Environment Effects Statement (EES). A project with potential adverse environmental effects that, individually or in combination, could be significant in a regional or State context should be referred. An action may be referred for an EES decision where:

• one of the following occurs:

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o Potential clearing of 10 hectares or more of native vegetation from an area that: ▪ is of an EVC identified as endangered by DELWP;

▪ is, of Very High conservation significance; or, ▪ is not authorised under an approved Forest Management Plan or Fire Protection Plan. o Potential long-term loss of a significant proportion (1-5% depending on conservation status of species) of known remaining habitat or population of a threatened species within Victoria. • or where two or more of the following occur: o Potential clearing of 10 hectares or more of native vegetation, unless authorised under an approved Forest Management Act or Fire Protection Plan; o Matters listed under the FFG Act: ▪ Potential loss of a significant area of a listed ecological community;

▪ Potential loss of a genetically important population of an endangered or threatened species; ▪ Potential loss of critical habitat; or,

▪ Potential significant effects on habitat values of a wetland supporting migratory birds.

5.3.1 Implications Based on the current development plan, vegetation proposed for removal does not meet any thresholds that triggers a referral under the Environment Effects Act 1978 (EE Act). The EE Act does list the loss of critical habitat of a species under the FFG Act as being a trigger, however neither species was recorded during the targeted surveys, and the potential habitat for each species is not considered to be ‘critical’ habitat. As such, it is considered that a referral is not required based on biodiversity considerations.

Planning and Environment Act 1987 (Victoria)

The Planning and Environment Act 1987 outlines the legislative framework for planning in Victoria and for the development and administration of planning schemes. All planning schemes contain native vegetation provisions at Clause 52.17 which require a planning permit from the relevant local Council to remove, destroy or lop native vegetation on a site of more than 0.4 hectares, unless an exemption under clause 52.17-7 of the Victorian Planning Schemes applies (Appendix 1.5.3) or a subdivision is proposed with lots less than 0.4 hectares2. Local planning schemes may contain other provisions in relation to the removal of native vegetation (Section 5.4.1).

2 In accordance with the Victorian Civil and Administrative Tribunal’s (VCAT) decision Villawood v Greater Bendigo CC (2005) VCAT 2703 (20 December 2005) all native vegetation is considered lost where proposed lots are less than 0.4 hectares in area and must be offset at the time of subdivision.

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5.4.1 Local Planning Schemes The study area is located within the Mitchell Shire Council municipality. The following zoning and overlays apply (DELWP 2019f, 2019g): • Road Zone – Category 1 (RDZ1) • Land Subject to Inundation (LSIO)

• Vegetation Protection Overlay – Schedule 2 (VPO2)

5.4.1.1 Schedule 1 Vegetation Protection Overlay (VPO1)

The Hume Freeway (including the vegetation within and either side of the entry and exit ramps) is within the Vegetation Protection Overlay – Schedule 2 (VPO2). A permit under the VPO2 is not required for the removal of dead or exotic vegetation. A permit under the VPO will be required for the removal of Victorian native vegetation within the Hume Highway road reserve, even if planted. No offsets are required under the VPO.

5.4.1.2 Exemptions

Planted Vegetation

Although many planted specimens located within Stage 1, 2 and 3 are native to Victoria, as with most plantings along road and freeway reserves within Victoria, these plantings are predominantly undertaken for amenity purposes rather than the enhancement of biodiversity values. As such, it is considered that the removal of planted specimens within the road reserves are exempt from requiring a planning permit in accordance with the ‘Planted Vegetation’ exemption detailed in Clause 52.17-7 of the Mitchell Shire Planning Scheme. This does not apply to the Swampy Riparian Woodland vegetation in Wallan Community Park north of Watson Street.

5.4.2 The Guidelines The State Planning Policy Framework and the decision guidelines at Clause 52.17 (Native Vegetation) and Clause 12.01 require Planning and Responsible Authorities to have regard for ‘Permitted clearing of native vegetation - Biodiversity assessment guidelines’ (the Guidelines) (DEPI 2013). Where the clearing of native vegetation is permitted, the quantity and type of vegetation to be offset is determined using methodology specified in the Guidelines. The primary objective of the regulations is “no net loss in the contribution made by native vegetation to Victoria’s biodiversity”.

5.4.3 Implications Assuming all native vegetation within the proposed study area will be impacted, the study area is within Location 1, with 0.120 hectares of native vegetation proposed to be removed. As such, the permit application falls under the Basic Assessment pathway

The offset requirement for native vegetation removal is 0.033 General Habitat Units (HUs). No Species HUs are generated by the existing proposal.

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Wildlife Act 1975 and Wildlife Regulations 2013 (Victoria)

The Wildlife Act 1975 (and associated Wildlife Regulations 2013) is the primary legislation in Victoria providing for protection and management of wildlife. Authorisation for habitat removal may be obtained under the Wildlife Act 1975 through a licence granted under the Forests Act 1958, or under any other Act such as the Planning and Environment Act 1987. Any persons engaged to remove, salvage, hold or relocate native fauna during construction must hold a current Management Authorisation under the Wildlife Act 1975, issued by DELWP.

Water Act 1989 (Victoria)

The purposes of the Water Act 1989 are manifold but (in part) relate to the orderly, equitable, efficient and sustainable use of water resources within Victoria. This includes the provision of a formal means of protecting and enhancing environmental qualities of waterways and their in-stream uses as well as catchment conditions that may affect water quality and the ecological environments within them. A ‘works on waterways’ permit from Melbourne Water is likely to be required where any action impacts on waterways within the study area, including the installation of structures within or across waterways that potentially interfere with the passage of fish or the quality of aquatic habitat.

Catchment and Land Protection Act 1994 (Victoria)

The Catchment and Land Protection Act 1994 (CaLP Act) contains provisions relating to catchment planning, land management, noxious weeds and pest animals. Landowners are responsible for the control of any infestation of noxious weeds and pest fauna species to minimise their spread and impact on ecological values. Several weeds listed as noxious under the CaLP Act were recorded during the assessment (Spear Thistle, Blackberry, Hawthorn, Artichoke Thistle, Paterson’s Curse, African Love Grass, Montpellier Broom, Serrated Tussock, Sweet Briar and Gorse). Similarly, there is evidence that the study area is currently occupied by several pest fauna species listed under the CaLP Act (European Rabbit, Red Fox). Weed and a pest fauna management actions should be incorporated into a Construction Environmental Management Plan (CEMP) for the project prior to commencing any works.

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6 HABITAT HECTARE ASSESSMENT

One patch of native vegetation was recorded within and immediately adjacent to Stage 2 (north of Watson Street). The condition and extent of the patch of native vegetation was quantified via a habitat hectare assessment by an accredited ecologist using the methodology described in the Vegetation Quality Assessment Manual (DSE 2004). The habitat hectare score for the patch of Swampy Riparian Woodland north of Watson Street is detailed in Table 7.

Table 7. Habitat hectares assessment for native vegetation recorded within the study area

Vegetation Zone SRW1 Bioregion Central Victorian Uplands EVC / Tree Swampy Riparian Woodland EVC Number 83 EVC Conservation Status Endangered Large Old Trees /10 0 Canopy Cover /5 2 Under storey /25 10 Lack of Weeds /15 11 Patch Recruitment /10 1 Condition Organic Matter /5 5 Logs /5 2 Treeless EVC Multiplier 1.00 Subtotal = 31.00 Landscape Value /25 2 Habitat Points /100 33 Habitat Score 0.33

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7 MITIGATION MEASURES

Mitigation Measures

Under the Guidelines (DELWP 2017a), the three-step approach (avoid, minimise, offset) is the key policy in relation to the removal of native vegetation to achieve no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. Efforts to avoid the removal of, and minimise the impacts on, native vegetation should be commensurate with the biodiversity and other values of the native vegetation and focused on areas of native vegetation that have the most value. Areas of native vegetation to be retained, including native vegetation adjoining the study area, must be able to maintain the same values in the future and should not be degraded over time by a proposed use or development associated with the removal. All applications to remove native vegetation must provide an avoid and minimise statement. The statement describes any efforts to avoid the removal of and minimise the impacts on the biodiversity and other values of native vegetation, and how these efforts focussed on areas of native vegetation that have the most value. The statement should include a description of the following: • Strategic level planning – any regional or landscape scale strategic planning process that the site has been subject to that avoided and minimised impacts on native vegetation across a region or landscape. • Site level planning – how the proposed use or development has been sited or designed to avoid and minimise impacts on native vegetation.

• That no feasible opportunities exist to further avoid and minimise impacts on native vegetation without undermining the key objectives of the proposal.

7.1.1 Avoid and Minimisation Statement A total of 0.120 hectares of native vegetation is proposed to be impacted. In order to cater for predicted growth in the Wallan township, Watson Street is proposed to be duplicated in a manner which ensures continued road safety. It may be possible to minimise impacts to the Swampy Riparian Woodland vegetation within the Wallan Community Park. However, in this instance, public safety should be prioritised when designing the road duplication without unnecessarily compromising the feasibility of the project. As such, given the project will be assessed under the Basic Assessment pathway, impacts to 0.120 hectares of vegetation are considered acceptable in this instance

Best Practice Mitigation Measures

7.2.1 General Mitigation Measures Recommended general measures to mitigate impacts upon terrestrial and aquatic values present within the study area may include: • Consideration of Water Sensitive Urban Design techniques such as stormwater treatment wetlands, bio-retention systems, porous paving or swales;

Biodiversity Assessment: Wallan Area Network Improvements, Wallan, Victoria. Final Report: 12/02/2020 35

• Minimise impacts to native vegetation and habitats through construction and micro-siting techniques, including fencing retained areas of native vegetation. If indeed necessary, trees should be lopped or trimmed rather than removed. Similarly, soil disturbance and sedimentation within wetlands should be avoided or kept to a minimum, to avoid, or minimise impacts to fauna habitats; • All contractors should be aware of ecologically sensitive areas to minimise the likelihood of inadvertent disturbance to areas marked for retention. Habitat Zones (areas of sensitivity) should be included as a mapping overlay on any construction plans; • Tree Retention Zones (TRZs) should be implemented to prevent indirect losses of native vegetation during construction activities (DSE 2011). A TRZ applies to a tree and is a specific area above and below the ground, with a radius 12 x the DBH. At a minimum standard a TRZ should consider the following: o A TRZ of trees should be a radius no less than two metres or greater than 15 metres;

o Construction, related activities and encroachment (i.e. earthworks such as trenching that disturb the root zone) should be excluded from the TRZ; o Where encroachment exceeds 10% of the total area of the TRZ, the tree should be considered as lost and offset accordingly; o Directional drilling may be used for works within the TRZ without being considered encroachment. The directional bore should be at least 600 millimetres deep;

o The above guidelines may be varied if a qualified arborist confirms the works will not significantly damage the tree (including stags / dead trees). In this case the tree would be retained and no offset would be required; and,

o Where the minimum standard for a TRZ has not been met an offset may be required. • Removal of any habitat trees or shrubs (particularly hollow-bearing trees) should be undertaken between February and September to avoid the breeding season for the majority of fauna species. If any habitat trees or shrubs are proposed to be removed, this should be undertaken under the supervision of an appropriately qualified zoologist to salvage and translocate any displaced fauna. A Fauna Management Plan may be required to guide the salvage and translocation process;

• Where possible, construction stockpiles, machinery, roads, and other infrastructure should be placed away from areas supporting native vegetation, LOTs and/or wetlands; • Ensure that best practice sedimentation and pollution control measures are undertaken at all times, in accordance with Environment Protection Authority guidelines (EPA 1991; EPA 1996; Victorian Stormwater Committee 1999) to prevent offsite impacts to waterways and wetlands; and, • As indigenous flora provides valuable habitat for indigenous fauna, it is recommended that any landscape plantings that are undertaken as part of the proposed works are conducted using indigenous species sourced from a local provenance, rather than exotic deciduous trees and shrubs. A brief list of suitable species that could be utilised for revegetation /landscaping purposes is provided in Table 8 (Swampy Riparian Woodland EVC), and Table 9 (all other road reserves).

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Table 8. Species list for revegetation/landscape works for Swampy Riparian Woodland (EVC 83).

Vegetation Life Form Species Name Common Name Eucalyptus camaldulensis River Red-gum Large Tree Species Eucalyptus ovata Swamp Gum Exocarpos cupressiformis Cherry Ballart Understorey Tree/Large Shrub Acacia dealbata Silver Wattle Leptospermum lanigerum Woolly Tea-tree Leptospermum continentale Prickly Tea-tree Medium Shrub Indigofera australis Austral Indigo Coprosma quadrifida Prickly Currant-bush Senecio minimus Shrubby Fireweed Large Herb Lycopus australis Australian Gipsywort Poa labillardierei Common Tussock-grass Lomandra longifolia Spiny-headed Mat-rush Juncus procerus Tall Rush Graminoides Dianella revoluta s.s. Black-anther Flax-lily Bolboschoenus caldwellii Caldwell’s Seas Rush Carex appressa Tall Sedge Lomandra filiformis Wattle Mat-rush Scramblers/Climbers Billardiera scandens Common Appleberry

Table 9. Species list for revegetation/landscape works for Stages 1, 2 and 3 (EVC’s 23 and 55).

Vegetation Life Form Species Name Common Name Eucalyptus camaldulensis River Red-gum Large Tree Species Eucalyptus obliqua Messmate Stringybark Eucalyptus dives Broad-leaved Peppermint Allocasuarina littoralis Black Sheoak Understorey Tree/Large Shrub Acacia melanoxylon Blackwood Hovea heterophylla Common Hovea Small Shrub Acrotriche prostrata Trailing Ground-berry Senecio minimus Shrubby Fireweed Senecio quadridentatus Cotton Fireweed Large Herb Senecio minimus Shrubby Fireweed Senecio quadridentatus Coton Fireweed Lomandra longifolia Spiny-headed Mat-rush Lomandra filiformis Wattle Mat-rush Graminoids Poa ensiformis Sword Tussock-grass Themeda triandra Kangaroo Grass

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Vegetation Life Form Species Name Common Name Lomandra filiformis Wattle Mat-rush Hardenbergia violeacea Purple-coral pea Scramblers/Climbers Clematis aristata Mountain Clematis

In addition to these measures, the following documents should be prepared and implemented prior to any construction activities: • Construction Environmental Management Plan (CEMP). The CEMP should include specific species/vegetation conservation strategies, daily monitoring, sedimentation management, site specific rehabilitation plans, weed, pest and pathogen management measures, etc.; • Significant Species Conservation Management Plan (CMP). A CMP will be required if significant species or their habitats are proposed to be impacted (Growling Grass Frog, Golden Sun Moth); and, • Fauna Management Plan. This may be required if habitat for common fauna species is likely to be impacted and salvage and translocation must be undertaken to minimise the risk of injury or death to those species.

7.2.2 Mitigation of Impacts to Matters of National Environmental Significance The study area supports potential habitat for two species of National Environmental Significance (NES). A summary of mitigation measures to minimise potential impacts to matters of NES, based on the significant impact guidelines for Golden Sun Moth and Growling Grass Frog (DEWHA 2009a; DEWHA 2009b) is provided in Table 10.

Table 10. Matters of NES Assessment of Impact and Mitigation Measures

n n

MNES at Mitigation Measure(s)

risk

measures measures

Impact without without Impact

Residual Risk with RiskResidualwith

mitigationmeasures mitigationmeasures

Impact with mitigation with Impact Risk without mitigatio Riskwithout

Low. Significant impact if habitat loss, degradation or fragmentation of Low. No GSM Targeted surveys did not record the greater than 0.5 recoded during Golden Sun presence of Golden Sun Moth due to poor hectares of targeted Moth habitat quality. Measures to mitigate

confirmed habitat surveys. surveys. impacts are not required in this instance. (DEWHA 2009a). No reserve. road GSM recorded during targeted

surveys.

Likely significant a Likely impact species if

Low. NoGSM Low. during recoded targeted confirmed Northern the confirmed within Highway

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n n

MNES at Mitigation Measure(s)

risk

measures measures

Impact without without Impact

Residual Risk with RiskResidualwith

mitigationmeasures mitigationmeasures

Impact with mitigation with Impact Risk without mitigatio Riskwithout

Low. GGF not are recorded during GGF not recorded during targeted

targeted surveys. indirect

surveys. habitat

Potential impact if Low. Impacts if if mitigation the action results in Mitigation measures should include the to potential the alteration of construction of temporary fencing and GGF habitat GGF

Growling aquatic vegetation habitat no-go areas adjacent to any potential are likely to be

Grass Frog diversity and/or habitat. minimised via potential structure, or Pre-construction salvage and implementation hydrology resulting of mitigation

potential potential translocation surveys should be mitigation measures mitigation

in a reduction in not measures place. in undertaken to mitigate potential future measures be minimised via minimised be of implementation habitat quality impacts.

(DEWHA 2009b). Potential. impacts based on

impacts to Low

Impacts to Low. likely to likely

7.2.3 State (The Guidelines)

7.2.3.1 Offset Strategy

Ecology and Heritage Partners are a DELWP accredited OTC offset broker.

Ecology and Heritage Partners can confirm that the likely offset obligations generated by this proposal can be satisfied through existing credits registered in our OTC database. Several landowners registered in our offset database have suitable General HU native vegetation credits available within Port Phillip and Westernport CMA, and the relevant offset obligations generated by this proposal can be secured through an OTC scheme without any difficulty.

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8 CONCLUSION

The Biodiversity Investigation and Habitat Hectare Assessments for the Wallan Area Network Improvement Project confirmed that the study area is largely dominated by exotic pasture grasses (e.g. Toowoomba Canary- grass, Kikuyu, Cocksfoot) and planted trees (e.g. Sugar Gum, Southern Mahogany, Oak, Desert Ash) not native to Victoria. One hundred and fourteen (114) flora species (30 indigenous and 84 non-indigenous or introduced) were recorded within the study area during the field assessment. Most of the indigenous species observed in the study area were planted as street or roadside trees associated with the overpass construction over the Hume Freeway or wetland recreation works in Wallan Community Park. Native vegetation within the study area is representative of one EVC, being Swampy Riparian Woodland (Stage 2 only). Although the majority of this patch is located outside of the Stage 2 study area, a small section overlaps the potential construction footprint. Although the Swampy Riparian Woodland vegetation has been planted, as it is considered that as the works were conducted for the purposes of enhancing biodiversity values, the removal of this vegetation is not exempt from the requirements of Clause 52.17. Assuming all native vegetation within the proposed study area will be impacted, the study area is within Location 1, with 0.120 hectares of native vegetation proposed to be removed. As such, the permit application falls under the Basic Assessment pathway. The offset requirement for native vegetation removal within land covered by the Guidelines is 0.033 General Habitat Units (HUs). No Species HUs are generated by the existing proposal. Ecology and Heritage Partners can confirm that the likely offset obligations generated by this proposal can be satisfied through existing credits registered in our OTC database without any difficulty.

The habitat compensation obligation fees for land covered by the Biodiversity Conservation Strategy (i.e. the southern-most 600 metres of the Northern Highway) is $34,900.90 (GST inclusive). Fourteen (14) fauna species were recorded within the study area during the field assessment, which consisted of nine native and three introduced bird species, and two native frog species. No significant fauna species were recorded during the field assessment. However, there is potential habitat (albeit marginal) within the study area for two fauna species of National and State conservation significance, being Golden Sun Moth and Growling Grass Frog. Targeted surveys conducted by Ecology and Heritage did not record the presence of either species, and based on targeted survey results, landscape context and the habitat quality and extent, there is considered a low likelihood that a population of Golden Sun Moth or Growling Grass Frog persists within the study area or in the paddocks north of Watson Street. The results of the targeted surveys are provided in a separate report (Ecology and Heritage Partners 2019)

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9 RECOMMENDATIONS

Further requirements associated with development of the study area, as well as additional studies or reporting that may be required, are provided in Table 11.

Table 11. Further requirements associated with development of the study area

Relevant Legislation Implications Further Action In accordance with the Commonwealth approval conditions of the BCS made on 5 September 2013, provided the relevant habitat compensation obligations relating to the study area are met (Appendix Environment 4.2 for habitat compensation obligations), there are no Protection and further assessments required to comply with the Biodiversity existing approval. No action required. Conservation Act No Golden Sun Moths or Growling Grass Frogs were 1999 observed during targeted surveys in 2018 or 2019 in areas outside the BCS. Based on the results of the targeted surveys, and absence of other matters of NES within the study area, a referral under the EBPC Act is not required.

There is potential habitat within the study area for several species listed or protected under the FFG Act. Several Wattles that are ‘protected’ under the FFG Act are present, with the majority of these having been planted. Planted protected or listed vegetation is not An FFG Act permit will likely be required to Flora and Fauna considered ‘wild’ under the FFG Act, and as such, a remove ‘protected’ species from within the Guarantee Act 1988 permit is not required to remove this vegetation. road reserve. If any remnant protected flora species are proposed to be impacts within public land in Stages 1, 2 or 3, a permit under the FFG Act will be required. VicRoads should allow up to six weeks to obtain a FFG Act permit through DELWP.

Based on the current development plan, vegetation proposed for removal does not meet any thresholds that triggers a referral under the Environment Effects Act 1978 (EE Act). The EE Act does list the loss of critical The Project is highly unlikely to require to be Environment Effects habitat of a species under the FFG Act as being a referred under the EE Act (based solely on Act 1978 trigger, however the potential impact on Golden Sun biodiversity considerations). Moth and Growling Grass Frog within the study area (both listed under the FFG Act) are highly unlikely to exceed the threshold.

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Relevant Legislation Implications Further Action Assuming all native vegetation within the proposed study area will be impacted, the study area is within Location 1, with 0.120 hectares of native vegetation proposed to be removed. As such, the permit application falls under the Basic Assessment pathway The offset requirement for native vegetation removal is Planning and 0.033 General Habitat Units (HUs). No Species HUs are Finalise development plan. Prepare a Environment Act 1987 generated by the existing proposal. planning permit. A Planning Permit from Mitchell Shire Council is required to remove, destroy or lop any native vegetation (except where the ‘Planted Vegetation’ exemption applies). A permit under the VPO2 will be required to remove, destroy or lop native vegetation within the Hume Highway corridor. A ‘works on waterways’ permit will likely be A ‘works on waterways’ permit from Melbourne Water required. is likely to be required where any action impacts on If structures are to be installed within or waterways within the study area, including the Water Act 1989 across waterways that potentially interfere installation of structures within or across waterways with the passage of fish or the quality of that potentially interfere with the passage of fish or the aquatic habitat, these activities will likely be quality of aquatic habitat. referred to DELWP with the Port Phillip and Westernport CMA included for comment. Conduct a pre-clearance survey, and depending on the whether fauna is found, a Several nests and hollows were observed during the fauna salvage process would then be Wildlife Act 1975 field assessment. recommended to remove fauna species from these nests and hollows during the project’s tree clearance phase. Ten species are recorded within the study area that are Catchment and Land listed under the CaLP Act. To meet requirements under Manage weeds in accordance with the CaLP Protection Act 1994 the CaLP Act, listed noxious weeds should be Act. appropriately controlled throughout the study area.

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10 GLOSSARY OF TERMS

A glossary of terms used throughout this report is provided in Table 12.

Table 12. Glossary of Terms

Acronym Description CaLP Act Catchment and Land Protection Act 1994 CMA Catchment Management Authority DBH Diameter at Breast Height DELWP Victorian Department of Environment, Land, Water and Planning DEPI (former) Victorian Department of Environment and Primary Industries DoEE Commonwealth Department of Environment and Energy DSE (former) Department of Sustainability and Environment EES Environment Effects Statement EPBC Act Environment Protection and Biodiversity Conservation Act 1999 EVC Ecological Vegetation Class FFG Act Flora and Fauna Guarantee Act 1988 FIS Flora Information System GGF Growling Grass Frog Litoria raniformis GSM Golden Sun Moth Synemon plana HabHa Habitat Hectare LT Large Tree NES National Environment Significance NVIM Tool Native Vegetation Information Management Tool OTC Over-the-Counter PMST Protected Matters Search Tool ST Small Tree TRZ Tree Retention Zone TRZ Tree Retention Zone VBA Victorian Biodiversity Atlas (DELWP)

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REFERENCES

Biosis Research 2006. Flora and Fauna Assessment of the Northern Highway – Wallan to Kilmore, Victoria. Report prepared for VicRoads. March 2006. BL&A 2010. Northern Highway Duplication, Wallan to Kilmore: Flora and Fauna Assessment. Report prepared by Brett Lane & Associates Pty Ltd for VicRoads – Planning Investigations. January 2010. DELWP 2017a. Guidelines for the removal, destruction or lopping of native vegetation. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria.

DELWP 2017b. Assessor’s handbook – applications to remove, destroy or lop native vegetation (Assessor’s handbook). Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2017c. Flora and Fauna Guarantee Act 1988 Protected Flora List – June 2017. Victorian Department of Environment, Land, Water and Planning. Melbourne, Victoria. DELWP 2019a. Native Vegetation Information Management Tool [www Document]. URL: . Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2019b. NatureKit [www Document]. URL: . Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2019c. Ecological Vegetation Class (EVC) Benchmarks for each Bioregion [www Document]. URL: . Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2019d. Victorian Biodiversity Atlas. Sourced from GIS layers: “VBA_FLORA25”, “VBA_FLORA100”, “VBA_FAUNA25”, “VBA_FAUNA100”, February 2018. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2019e. Flora and Fauna Guarantee Act 1988 Threatened List – April 2018. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria. DELWP 2019f. Planning Maps Online [www Document]. URL: . Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria.

DELWP 2019g. Planning Schemes Online [www Document]. URL: http://planningschemes.dpcd.vic.gov.au. Victorian Department of Environment, Land, Water and Planning, Melbourne, Victoria.

DEPI 2013a. Biodiversity Conservation Strategy for Melbourne’s Growth Corridors. Victorian Government Department of Environment and Primary Industries, Melbourne, May 2013.

DEPI 2013b. Sub-Regional Species Strategy for the Growling Grass Frog. Victorian Government Department of Environment and Primary Industries, Melbourne, May 2013.

Biodiversity Assessment: Wallan Area Network Improvements, Wallan, Victoria. Final Report: 12/02/2020 44

DEPI 2013c. Sub-Regional Species Strategy for the Golden Sun Moth. Victorian Government Department of Environment and Primary Industries, Melbourne, May 2013.

DEPI 2013d. Draft Habitat Compensation under the Biodiversity Conservation Strategy: Melbourne Strategic Assessment. Victorian Government Department of Environment and Primary Industries, Melbourne, May 2013. DEWHA 2009a. Significant impact guidelines for the critically endangered golden sun moth (Synemon plana). Nationally threatened species and communities. EPBC Act policy statement 3.12. Published by the Commonwealth Department of the Environment, Water, Heritage and the Arts. Canberra, ACT. DEWHA 2009b. Significant impact guidelines for vulnerable growling grass frog (Litoria raniformis). Nationally threatened species and communities. EPBC Act policy statement 3.14. Published by the Commonwealth Department of the Environment, Water, Heritage and the Arts. Canberra, ACT.

DoE 2013. Matters of National Significance: Significant impact guidelines 1.1 Environment Protection and Biodiversity Conservation Act 1999. Environment and Energy, Canberra, ACT. DoEE 2018. Protected Matters Search Tool: Interactive Map [www Document]. URL: . Commonwealth Department of the Environment and Energy, Canberra, ACT. DSE 2004. Vegetation quality assessment manual: Guidelines for applying the habitat hectares scoring method. Version 1.3. Victorian Department of Sustainability and Environment, Melbourne Victoria.

DSE 2009a. Sub-Regional Species Strategy for the Southern Brown Bandicoot. Victorian Government Department of Sustainability and Environment, October 2009. DSE 2009b. Advisory list of Threatened Invertebrate Fauna in Victoria – 2009. Victorian Department of Sustainability and Environment, Melbourne, Victoria. DSE 2011. Native Vegetation Technical information sheet: Defining an acceptable distance for tree retention during construction works. Victorian Department of Sustainability and Environment, Melbourne, Victoria. DSEWPaC 2012. Environment Protection and Biodiversity Conservation Act 1999 Environmental Offsets Policy. Commonwealth Department of Environment, Water, Population and Communities, Canberra, ACT. Ecology and Heritage Partners 2014. Environment Effects Statement (Flora and Fauna): Kilmore to Wallan Bypass. Report prepared for VicRoads. May 2014. Ecology and Heritage Partners 2019. Targeted Surveys for Golden Sun Moth and Growling Grass Frog: Wallan Area Network Improvements, Wallan, Victoria. Report prepared for VicRoads. March 2019.

EPA 1991. Construction Techniques for Sediment Pollution Control. Published document prepared by the Victorian Environment Protection Authority, Melbourne, Victoria. EPA 1996. Environmental Guidelines for Major Construction Sites. Published document prepared by the Victorian Environmental Protection Authority, Melbourne, Victoria. Gullan, P 2017. Illustrated Flora Information System of Victoria (IFLISV). Viridans Pty Ltd, Victoria.

Biodiversity Assessment: Wallan Area Network Improvements, Wallan, Victoria. Final Report: 12/02/2020 45

Merri Creek Management Committee 2018. A Brief History of the Wallan Environment Group . Merri Creek Management Committee, East Brunswick, Victoria. Victorian Urban Stormwater Committee 1999. Urban Stormwater: Best Practice Environmental Management Guidelines. CSIRO, Collingwood, Victoria.

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FIGURES

Biodiversity Assessment: Wallan Area Network Improvements, Wallan, Victoria. Final Report: 12/02/2020 47 Wild Duck Lake Legend Lake Heathcote Mittagong Junction Study Area Da rraw Sout eit R h Mount d ain Rd Railway

Freeway d R e r Major Road o m il K Collector Road - g in p Minor Road p E Proposed Road Walking Track

h Minor Watercourse

i H Permanent Waterbody Wallan Land Subject to Inundation W atson St Wa llan - Whi Wetland/Swamp ttlesea Rd Wallan Crown Land

d ! ! !

! !

w e

Upper Plenty ! Localities r

n y m

r w l i e F K h

t e -

o m u g N n H i Mitchell (S) p p Wallan E ^_

e Melbourne r (!

d M

y e n Figure 1 d y

d Location of the study area l O Biodiversity Assessment for Watson Street Northern Highway to Hume Freeway Beveridge Duplication

0 500 1,000

¹ Metres d

VicMap Data: The State of Victoria does not warrant the accuracy or completeness of information in this publication and any person using or relying upon such information does so on the basis that the State of Victoria shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information. 11416_Fig01_StudyArea 4/01/2019 jyuan t

i H Watson St Wallan - Whittl esea Rd

y !. w GF F e m u kj H

Figure 2 Overview Legend Mitchell (S) Ecological features Study Area Growling Grass Frog ^_ Wallan Biodiversity Assessment potential habitat surveyed ¹ !. Tree with hollows for Watson Street kj Tree with nest Golden Sun Moth potential Northern Highway to habitat surveyed 0 170 340 GF Tree with spout Metres Hume Freeway Planted vegetation Melbourne MSA BCS Extent (! Duplication Ecological Vegetation Class Stage 1 Swampy Riparian VicMap Data: The State of Victoria does not warrant the accuracy or Stage 2 completeness of information in this publication and any person using or Woodland relying upon such information does so on the basis that the State of Victoria Stage 3 shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information.