APPENDIX E - Yass Valley Council · APPENDIX E FLORA AND FAUNA ... DIVERSE PROJECT SOLUTIONS 10...

APPENDIX E FLORA AND FAUNA ASSESSMENT

j

DPS YASS Pty Ltd STATEMENT OF ENVIRONMENTAL EFFECTS REF: 2817_SEE1 - TWO LOT SUBDIViSION, NANIMA

FLORA AND FAUNA REPORT

PROPOSED RURAL SUBDIVISION LOT 4 DP 1044990 (No.1487) MURRUMBATEMAN ROAD

NANIMA, YASS VALLEY COUNCIL

-?' -r at it

I,, -'*?• V kP1

' r:Akll

tit•.

11 , XV LV

f - .

..•:...'.-.-. . - . -. . V

- •• - -- - - 31 S... - -

- ... ..- ,_._ -.. .S.. t_... ........ . .-- - . .----.-. .. -.....

prepared by

KEVIN MiLLS & ASSOCiATES ECOLOGICAL AND ENVIRONMENTAL CONSULTANTS 12 HYAM PLACE JAMBEROO NSW 2533 ABN 346 816 238 93

on behalf of

DIVERSE PROJECT SOLUTIONS 10 CRAGO Street YASS, NSW 2582

JULY 2017

Kevin Mills & Associates Ply Limited ACN 003 441 610 as trustee for Kevin Mills & Associates Trust

Kevin Mills & Associates I Proposed Subdivision 1487 Murrumbaleman Road, Nanima

Document Reference

Kevin Mills & Associates (2017). Proposed Rural Subdivision, Lot 4 DP 1044990 (No.1487) Murrumbateman Road, Nanima, Yass Valley Council. Prepared for Diverse Project Solutions, Yass, July.

Kevin Mills & Associates Ecological and Environmental Consultants 12 Hyam Place Jamberoo NSW 2533 ABN 346 816 238 93

Ph: (02) 4236 0620 or Mob. 0429 848094 Email: [email protected]

Cover photograph. View looking northeast across proposed Lot 2; the access track would be located up the ridge to the left.

COPYRIGHT

© Kevin Mills & Associates 2017

All intellectual property and copyright reserved.

Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, 1968, no part of this report may be reproduced, transmitted, stored in a retrieval system or updated in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without written permission. Enquides should be addressed to Kevin Mills & Associates.

Kevin Mills & Associates ii Proposed Subdivision 1487 Murrumbateman Road. Nanima

Contents

1. Introduction ................................................................................................................... I

The Project Area and Proposed Works......................................................................1 2.1 Location and general character.............................................................................. 1 2.2 The proposed subdivision....................................................................................... 3

The Existing Environment ........................................................................................... 3 3.1 Vegetation............................................................................................................... 3 3.2 Fauna and habitats ................................................................................................. 3 3.3 Significant features ................................................................................................. 5

Impact Assessment...................................................................................................... 5 4.1 General discussion ................................................................................................. 5 4.2 Listed threatened species, populations and communities...................................... 6 4.3 Assessment under the TSC Act ............................................................................. 7 4.4 Assessment under the EPBC Act......................................................................... 11 4.5 LEP provisions...................................................................................................... 12

Conclusion ..................................................................................................................13

References ..................................................................................................................15

Appendix 1 . List of Plant Species ..............................................................................................16

Photographs View looking northeast across proposed Lot 2 ..................................................cover Typical view across the building envelope................................................................4 Part of access track route crossing gully in far south of Lot 2...................................4 Stand of Xanthorrhoea aus trails on Lot 2..................................................................5

Table 1. Threatened species recorded in the Yass Valley Council area ................................6

Figures Location and layout of the proposed lots, 1487 Murrumbateman Road, Nanima .... 2 Extension of Restricted Area...................................................................................14

Kevin Mills & Associates iii Proposed Subdivision 1487 Murrumbateman Road, Narüma

1. INTRODUCTiON

An application for a rural subdivision is being prepared by Diverse Project Solutions for Lot 4 DP 1044990 (No.1487) Murrumbateman Road, Nanima in the Yass Valley Council area. The proposal is to subdivide the land into two (2) rural residential lots. The total area of the property is 80.21 hectares. The site already contains a dwelling on proposed Lot 1. The land is shown in Figure 1.

The purpose of the study is to classify and describe the vegetation and habitats, to record as many as possible of the plant species present and to search for and assess habitat for threatened plant species and communities and to assess the habitats for the presence of threatened animals.

This report contains: a description of the vegetation and fauna habitat occurring on the subject land; lists of the flora and fauna species observed on the subject land; an assessment of the potential for species, populations and ecological communities listed on Schedules to the New South Wales Threatened Species Conservation Act 1995 (TSC Act) to occur on the subject land; an assessment of the potential for matters of national environmental significance listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to occur on the subject land; an assessment of the potential impact of the proposed subdivision on flora and fauna, including: - species, populations and communities listed on the TSC Act in accordance with the Threatened

Species Assessment Guidellnes the Assessment of Significance published by the New South Wales Department of Environment and Climate Change (DECC 2007); and

- matters of national environmental significance listed under the EPBC Act in accordance with the Significant Impact Guidelines: Matters of National Environmental Significance in accordance with the Commonwealth Department of Environment and Heritage (DEH 2006); and

a discussion of measures to reduce the potential impact on flora and fauna.

2. THE SUBJECT SITE

2.1 Location and general character

The subject property is located at 1487 Murrumbateman Road (Lot 4 in DP 1044990), Nanima. The land is zoned RUI - Primary Production under Yass Valley LEP 2013. Much of the property supports native ground cover, although few trees remain; that land is delineated on the Natural Resources Biodiversity Map in the Yass LEP; the land is therefore subject to a specific clause in the LEP (see later).

The property is mostly hilly to gently sloping, with broad, steep-sided ridges and small intervening ephemeral watercourses. Cleared of trees long ago, the land mainly supports native ground cover, primarily grassland, in the north and heavily grazed grassland across the southern part of the property. This pattern is obvious by the different colours on the aerial photograph in Figure 1. Most of the trees across the land are regrowth wattles and small eucalypts; the main stands of larger trees are obvious on the aerial photograph.

There are two small farm dams on the property, both of which would be contained in proposed Lot 1. Gullies are generally dry, with highly ephemeral watercourses.

Kevin Mills & Associates I Proposed Subdivision 1487 Murrumbateman Road, Nanima

12 1S DP1074507 DP1074507

''-V 9.. . .. v.• _.V V..

., I •'•

.. ..

tiwl ..

•

9 '.. I

.,.. - •47 I V. I • •. .• k-! *

•

I .•. __---_\.-

. . ''• '•

,..O6lj"a ,:. •'':

:' : .,

.,•'•.,••/ ..,; . -.- I •

4.

/V 1 FQ / /

/ • !I I .•

p - - . .1 • N - •.

d V.

I '4. ' • V.-

- ,:.'

/, ; _/.,-____t / N

\\ I Al

42IJha

• \ I 1' / •• / 1 l \ \ "

DP1044990 —

3 /

• V D?I0499O • /

..' • • I • / / .,r. e

- ...,..

--, .•. .--, •

\ /

V lw pl:~H'Aljl . .• . .• /c

: i. -. i. NI:. •& L FOP DARN POP. I •4000 0 GI_ -

I / ....IIUEWiATON1OYASSVAUY

_J - - I— — —

- - - CCL *.t 5'4017.D NQT BE USED vo u -

p 0Th4(R PURPOSE TIl( OMEGPOP MAO 7JUAS S,i0*? MAF J8.CI TO

Pd

APC4 MAY HAVE REJRFMENS UPPIIP SAY EZ io FT. FVSAT LGOATN THE DIETAR P41P4A11C*1 O'.OSA

- - -• :.N1 IS S QOxM.N'E ONLY. IN PSRIICTLSA. ( ,.p c __

- -:

' •

NtLJdCE SHCJLD BE PI.PCO OM 1140 PPIORMATION FAS T14S P1.AN FOP FNANCPSL

" DL¼*405 *4-01v19G sps n. P4()1 '5 E)

'

I ,. MA N-tc.L VART OF THIS PPMI.

OF PROPOSED L3SHE DARREN BOX r RLAN

SUBDIVISION LOT 4 DP1044990

1487 MURRUMBATEMAN ROAD, ANIMA

J.JNE 2017 r

r' ONS 17

17- PPS2 dwç - 1 0 CISAt,C) 010C1. YPOS NSW 25*2 -. P U SLIP . Y$ NS.* 158.1

C.? 6.121 3222 (F*X) 02 602 95FF ntoOc,cn.twr.0

fill ISA r. I/P CIH

Figure 1. Location and layout of the proposed lots, 1487 Murrumbateman Road, Nanima.

Kevin Mills & Associates 2 Proposed Subdivision 1487 Murrumbateman Road, Nanima

2.2 The proposed subdivision

The proposal is to subdivide a rural parcel of land (Lot 4 DP 10444990, No.1487) Murrumbateman Road, covering 80.21 hectares into two (2) rural residential lots, as summarised below; see also Figure 1. Lot 1 42.13 hectares (contains the existing dwelling). Lot 2 38.08 hectares.

There would be no changes on proposed Lot 1 or its access, as it contains a dwelling and an appropriate existing driveway access. Proposed new Lot 2 would gain access off a shared road at its extreme southern end; see Figure 1. A building envelope is delineated on Lot 2, as shown on Figure 1.

3. VEGETATiON AND HABITATS

3.1 Vegetation

As noted above, much of the property supports native grassland, derived from the original woodland cover. The main two species of grass are Silver-top Wallaby Grass Rytidosperma pallidum and Kangaroo Grass Themeda australis. The density of these species depends upon sheep grazing pressure, as can be seen by comparing Photographs 2 and 3. Many small shrubs occur in the less grazed grassland, including Daphne Heath Brachyloma daphnoides, Narrow-leaf Bitter Pea Daviesia leptophylla, Showy Parrot Pea Diliwynia sericea, Grey Guinea Flower Hibbertia obtusifolia and Urn Heath Melichrus urceolaris. The building envelope supports a less diverse native grassland than the western part of Lot 2; see Photograph 2.

The trees are those of the Dry Forest/Woodland community, namely Inland Scribbly Gum Eucalyptus rossii, Red Stringybark Eucalyptus macrorhyncha, Brittle Gum Eucalyptus mannifera, and less frequently Broad-leaved Peppermint Eucalyptus dives and Argyle Apple Eucalyptus cinerea. The wattles are Silver Wattle Acacia dealbata and Black Wattle Acacia mearnsii; see Photograph 3,

Two species of note are Austral Grass Tree Xanthorrhoea australis and Silky Hakea Hakea sericea, both of which are quite uncommon in the region; see Photograph 4. These occur in the more natural grassland in the west of Lot 2.

A list of plant species observed primarily on proposed Lot 2 is provided in Appendix 1. The species are typical of the Dry Forest/Woodland community; the occurrence of exotic species (weeds) is low.

3.2 Fauna and habitats

The main habitat features on the property can be ascertained from the aerial photograph in Figure 1. The figure shows the areas of trees, which are generally not extensive and mostly composed of small trees. The key habitat feature of this property is the extensive area of derived native grassland, which in places is quite diverse in native plants. There are two small farm dams and several gullies containing ephemeral watercourses.

Kevin Mills & Associates 3 Proposed Subdivision 1487 Murrumbateman Road, Nan/ma

£ 'I 4

'V •, " ,2:- .

.s-. I ••

I • ji - '1, ' ••'. t I

kr' - r -1

I

*

AL

jw•1•'-:-, lI%.•

OW aw dur *.:

m7

161

Ie# --

.

Photograph 2. Typical view across the building envelope; note sparse small tree cover and abundant large tussocks of Rytidosperma pallidum.

.lI•

1 •l• ,; -::-'• •-

•1

'_,$_• -.-., .4-... lt4 . - .- -" ----I

....- 4•• .- •..-'e_. •.

* __._.; :- ••' - I •• . -

Photograph 3. Part of access track route crossing gully in far south of Lot 2; trees are mainly regrowth Acacia dealbata. Heavy sheep grazing in foreground typical of paddock in southeast of

Lot 2 and on Lot 1.


44• *

:Ali

d5 1r• '... ___

-. 1T ,

Photograph 4. Stand of Xanthorrhoea australis on Lot 2.

3.3 Significant features

The woodland on the property is mainly Dry Forest/Woodland, typical of the hilly country in the region. This type of vegetation is very common across the region and is not listed as an endangered comm unity.

The extensive area of derived native grassland and the treed areas provide habitat for listed threatened woodland birds, albeit modified habitat. Such species no doubt occur in the area from time to time.

4. IMPACT ASSESSMENT

4.1 Genera! discussion

The proposed rural residential subdivision is for two (2) lots of 42.13 hectares (Lot 1 that contains the existing dwelling) and 38.08 hectares (Lot 2 which would entail developing an access driveway and a dwelling, etc. Access to both is off a short, shared road off Murrumbateman Road; see Figure 1. The building envelope for Lot 2 is quite large and it covers land supporting derived native grassland with very scattered small trees. That grassland is of lower diversity than that occurring in the western part of Lot 2. The access driveway to the building envelope crosses a small gully and ascends a ridge to the site. A stand of wattles will be impacted by this driveway and some native ground cover vegetation would be removed.


4.2 Listed threatened species, populations and communities

Threatened species Threatened species in New South Wales are listed on schedules attached to the New South Wales Threatened Species Conservation Act 1995 (TSC Act), where they are classified as "critically endangered" (Schedule 1A, Part 1), "endangered" (Schedule 1, Part 1), "vulnerable" (Schedule 2) or "presumed extinct" (Schedule 1, Part 4). Nationally threatened species are listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as "extinct", "extinct in the wild", "critically endangered", "endangered", "vulnerable" or "conservation dependent".

Threatened species with potential to occur in the study area were identified from the Atlas of NSW Wildlife (Office of Environment and Heritage on line) by identifying those species previously recorded in the Yass Valley Council area. The resulting list appears in Table 1. There is suitable woodland habitat on the property for several of these species, particularly woodland birds. While no natural woodland occurs, the derived native grassland provides habitat for some of these species.

No threatened plants were found and none are likely to occur in the area; given the location and habitats present, the existence of such species is unlikely.

Table I Threatened species occurring in the Yass Valley Council area Species T S C Act EPBC Act Potential to occur in the study area Plants Ammobium craspedioides V V Not found during the flora survey. Caladenia concolor E V Only known from 3 sites on granite. Senecio garlandii V - Not found during the flora survey. Gre villea iaspicula E E Only occurs around Burrinjuck Dam. Pomaderris pal/ida V V Not found; probably no habitat present. Swainsona sericea V - Not found during the flora survey. Mammals Eastern Bentwing-bat V - No suitable habitat present. Eastern False Pipistrelle V - Probably no suitable habitat (moist forest) present. Eastern Pygmy-possum V - No suitable habitat present. Koala V V No local records. Little Pied Bat V - No suitable habitat present. Southern Myotis V - No suitable habitat present. Spotted-tailed Quoll V E No suitable habitat present. Yellow-bellied Glider V - No suitable habitat present. Rirt4cz

Barking Owl V - Black Falcon V - Blue-billed Duck V - Brown Treecree per V - Diamond Firetail V - Dusky Woodswallow V - Eastern Grass Owl V - Flame Robin V - Gang-gang Cockatoo V - Hooded Robin V - Little Eagle V - Little Lorikeet V - Olive Whistler V - Painted Honeyeater V V Pink Robin V -

Probably no suitable habitat present. Only an itinerant visitor to region. No suitable wetland habitat present. Suitable habitat present. Suitable habitat present. Suitable habitat present. Unlikely to occur. Suitable habitat present. Suitable habitat present. Suitable habitat present. Suitable habitat present. Suitable habitat present. No suitable habitat present. Probably little suitable habitat present. No suitable habitat present.

Kevin Mills & Associates

6 Proposed Subdivision 1487 Murrumbaternan Road, Nanima

Table I cont... Threatened species occurring in the Yass Valley Council area Species TSC Act EPBC Act Potential to occur in the study area Powerful Owl V - No suitable habitat present. Regent Honeyeater E CE Probably no suitable habitat present. Scarlet Robin V - Suitable habitat present. Speckled Warbler V - Suitable habitat present. Spotted Harrier V - Only an itinerant visitor to region. Square-tailed Kite V - Only an itinerant visitor to region. Superb Parrot V V Suitable habitat present. Varied Sittella V Suitable habitat present. White-bellied sea-Eagle V C No suitable habitat present. White-fronted Chat V - Probably no suitable habitat present. Reptiles and Frogs Pink-tailed Legless Lizard V V No suitable habitat present. Striped Legless Lizard V V No suitable habitat present. Green and Golden Bell Frog E V No suitable wetland habitat present. Booroolong Frog E E No suitable wetland habitat present. Yellow-spotted Tree frog E E No suitable wetland habitat present. Northern Corroboree Frog V CE No suitable wetland habitat present. Sloanes Froglet V - No suitable habitat present. Invertebrates Golden Sun Moth E CE No suitable habitat present.

V = vulnerable; E = endangered; - not listed

Endangered populations Endangered populations in New South Wales are listed under the TSC Act (Schedule 1, Part 2). There are no provisions under the EPBC Act for the listing of endangered populations. No endangered populations have been declared on or near the property in Murrumbateman Road.

Endangered ecological communities Endangered ecological communities in New South Wales are listed under the TSC Act (Schedule 1, Part 3). Nationally threatened ecological communities are listed under the EPBC Act. Several endangered ecological communities and nationally threatened ecological communities occur in the Yass Valley LGA. The remnant vegetation on the property is from the Dry Forest/Woodland community; this is not an endangered ecological community.

4.3 Assessment under the TSC Act

Under the provisions of the Threatened Species Conservation Act 1995, the impact of a proposed action, development or activity on listed species, populations and communities (and their habitats) is assessed by applying various factors set out under Section 5A of the New South Wales Environmental Planning and Assessment Act 1979 (EPA Act). Commonly referred to as the 'assessment of significance, these factors assist the proponent and the determining authority to decide whether the impact is likely to be significant and whether a Species Impact Statement (SIS) should be prepared. The 'assessment of significance set out under Section 5A of the EPA Act has been applied below, to assist in determining whether the proposed development is likely to have a significant effect on species, populations and communities (and their habitats) listed under the TSC Act.

In undertaking the assessment, consideration was given to those matters discussed in the document titled "Threatened Species Assessment Guidelines. The Assessment of Significance" prepared by the Department of Environment and Climate Change (2007). Extracts from that document are provided below in boxed text where relevant to clarify interpretation of the significance assessment.

The Guidelines use two important terms when discussing assessment procedures.


Subject site means the area directly affected by the proposal. Study area means the subject site and any additional areas which are likely to be affected by the proposal, either directly or indirectly. The study area should extend as far as is necessary to take all potential impacts into account.

(a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction

The Guidelines define the following relevant terms: Life cycle: the series of stages of reproduction, growth, development, ageing and death of an organism. Viable: the capacity to successfully complete each stage of the life cycle under normal conditions. Local population the population that occurs in the study area. The assessment of the local population may be extended to include individuals beyond the study area it it can be clearly demonstrated that contiguous or interconnecting parts of the population continue beyond the study area, according to the following definitions:

The local population of a threatened plant species comprises those individuals occurring in the study area or the cluster of individuals that extend into habitat adjoining and contiguous with the study area that could reasonably be expected to be cross-pollinating with those in the study area. The local population of resident fauna species comprises those individuals known or likely to occur in the study area, as well as any individuals occurring in adjoining areas (contiguous or otherwise) that are known or likely to utilise habitats in the study area. The local population of migratory or nomadic fauna species comprises those individuals that are likely to occur in the study area from time to time.

In cases where multiples populations occur in the study area, each population should be assessed separately.

Risk of extinction: the likelihood that the local population will become extinct either in the short-term or in the long-term as a result of direct or indirect impacts on the viability of that population.

Listed woodland birds no doubt occur on the property and some of the habitats there are likely to be inhabited from time to time. The impact of the access driveway and dwelling on Lot 2 avoids the most diverse native grassland and most of the trees, which are identified on the plan on Figure 2, below. Minor removal of small trees and loss of some native grassland at the scale proposed is not likely to be significant to any species.

While listed woodland bird species occur on the property, the proposals for Lot 2 are very unlikely to have an adverse effect on the life cycle of any listed species such that a viable local population of a species is placed at risk of extinction.

in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction

The Guidelines note that: This factor is essentially identical to factor (a) except that it refers only to endangered populations listed in Part 2 of Schedule 1 of the TSC Act and Part 2 of Schedule 4 of the FM Act, whereas factor (a) refers to species.

No endangered populations have been declared on, or adjacent to, the proposed subdivision.

in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed:

is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction

is likely to substantially and adversely modify the composition of the ecological community such that its occurrence is likely to be placed at risk of extinction

The Guidelines define the following important terms: I Kevin Mills & Associates 8 Proposed Subdivision

1487 Murrumbateman Road, Nanima

Local occurrence: the ecological community that occurs within the study area. However the local occurrence may indude adjacent areas if the ecological community on the study area forms part of a larger contiguous area of that ecological community and the movement of individuals and exchange of genetic material across the boundary of the study area can be clearly demonstrated. Risk of extinction: similar to the meaning set out in factor (a), this is the likelihood that the local occurrence of the ecological community will become extinct either in the short term or in the long-term as a result of direct or indirect impacts on the ecological community, and includes changes to ecological function. Composition: both the plant and animal species present, and the physical structure of the ecological community. Note that while many ecological communities are identified primarily by their vascular plant composition, an ecological community consists of all plants and animals as defined under the TSC and FM Acts that occur in that ecological community.

As noted above, the vegetation on Lot 2, where development is to take place, is not an endangered ecological community.

(d) in relation to the habitat of a threatened species, population or ecological community: (I) the extent to which habitat is likely to be removed or modified as a result of the action proposed

whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action

the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality

The Guidelines define the following relevant terms: Habitat: the area occupied, or periodically or occasionally occupied, by any threatened species, population or ecological community and includes all the different aspects (both biotic and abiotic) used by species during the different stages of their life cycles. Extent: the physical area removed and/or to the compositional components of the habitat and the degree to which each is affected. Importance: related to the stages of the species' life cycles and how reproductive success may be affected. Locality: the same meaning as ascribed to local population of a species or local occurrence of an ecological community.

The proposal for a dwelling and access driveway on Lot 2 would involve removal of a relatively small amount of regrowth trees (mainly wattles) and some derived native grassland. This loss is not likely to be important to listed species, give the small scale and abundance of both in the locality. The proposal would not isolate or fragment habitat.

(e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly)

The Guidelines note that: This factor is aimed at assessing whether the proposal is likely to affect (directly or indirectly) areas of critical habitat present in the study area. Critical habitat refers only to those areas of land listed in the following registers:

The Register of Critical Habitat kept by the Director General, DECC [www. nationalparks.nsw.gov.au/npws.nsw/content/critical+hjabitat+protection] The Register of Critical Habitat kept by the Director General, DPI [www.fisheries,nsw.gov.au/threatened—species/general/register of critical habitat]

No critical habitat has been declared in the area.

(f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan

In regard to this factor, the Guidelines note that When deciding whether the proposal is consistent with the objectives or actions of a recovery plan or threat abatement plan, applicants/proponents must consider all relevant approved recovery plans and threat abatement plans.

Kevin Mills & Associates 9 Proposed Subdivision 1487 Murrumbateman Road. Nanima

In 2004 amendments were made to the TSC Act and the FM Act that remove the mandatory requirement to prepare recovery plans and threat abatement plans, and instead requires the preparation of a threatened species priorities action statement (TSC Act s. 90A and FM Act s. 220ZVA). The priorities action statements will set out the measures required to promote the recovery of each threatened species, population and ecological community to a position of viability in nature and for managing each key threatening process. In applying this factor, consideration should be given to measures outlined in the priorities action statements as well as existing recovery plans and threat abatement plans which will remain in place.

No relevant Recovery Plans or Threat Abatement Plans have been prepared.

(g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

The Guidelines state that: In addition to deciding whether the action/activity constitutes a KTP, consideration must also be given to whether the proposal is likely to exacerbate a KTP. Species listed in the determination as being 'at risk' warrant particular consideration if these species are known or likely to occur within the study area of the development or activity.

Key threatening processes in New South Wales are listed under the Threatened Species Conservation Act 1995 (TSC Act) and Fisheries Management Act 1994 (FMA Act). Key threatening processes are the things that threaten, or could threaten, the survival or evolutionary development of species, populations or ecological communities. The listed threatening processes can be divided into several categories. Key threatening processes are the things that threaten - or could threaten - the survival or evolutionary development of species, populations or ecological communities. They are listed in the Threatened Species Conservation Act, and include: Pest animals. Introduced animal species can compete with, and prey upon, native animals. They can also damage native plants and degrade natural habitats. Weeds. Weeds compete with native plants for resources such as light and nutrients. They can aggressively invade areas, displacing native plants and animals. Diseases. Exotic fungal infections, viruses and other pathogens can weaken and kill native species. Habitat loss/chanqe. From large-scale land clearing to the gathering of bushrock for suburban gardens, humans have degraded many native environments across the state.

The only relevant key threatening process is 'clearing of native vegetation. Clearing of a relatively small amount of native vegetation (regrowth trees and derived native grassland) associated with the subdivision (i.e. Lot 2 developments) is not considered to be important.

Conclusion of significance assessment

The Guidelines make the following comments in regard to forming a conclusion about the significance of the potential impact on threatened species, etc. The threatened species assessment of significance should not be considered a pass or fail test. Instead, consideration of the factors will inform the decision-making process of the likelihood of significant effect. Where necessary, the process will trigger further assessment in the form of a species impact statement. All factors should be considered as well as any other information deemed relevant to the assessment. The assessment of significance should not be used as a substitute for a species impact statement. Application of the precautionary principle requires that a lack of scientific certainty about the potential impacts of an action does not itself justify a decision that the action is not likely to have a significant impact. If information is not available to conclusively determine that there will not be a significant impact on a threatened species, population or ecological community, or its habitat, then it should be assumed that a significant impact is likely and a species impact statement should be prepared. Proposed measures that mitigate, improve or compensate for the action, development or activity should not be considered in determining the degree of the effect on threatened species, populations or ecological communities, unless the measure has been used successfully for that species in a similar situation.


In our opinion, the proposed two lot subdivision at Lot 4 DP 1044990 (No.1487) Murrumbateman Road, Nanima in the Yass Valley Council area is not likely to have a significant effect on any threatened species, populations or communities listed under the Threatened Species Conservation Act 1995, or their habitats, and the preparation of a Species Impact Statement (SIS) is not warranted.

4.4 Assessment under the EPBC Act

Presence of Matters of National Environmental Significance The impact of a proposed action on matters of national environmental significance is assessed under the provisions of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Matters of national environmental significance as at July 2016 are:

listed threatened species and communities listed migratory species Ramsar wetlands of international importance Commonwealth marine environment world heritage properties national heritage places the Great Barrier Reef Marine Park nuclear actions a water resource, in relation to coal seam gas development and large coal mining development.

An "action" is a project, a development, an undertaking, an activity or a series of activities, and an alteration of any of the above. An action can be on Commonwealth land, State land council land, private land, or water.

Approval is required from the Commonwealth Environment Minister for actions that are likely to have a significant impact on a matter of national environmental significance; these are called "controlled actions". A proposed action is a "controlled action" if:

is likely to have a significant impact on a matter of national environmental significance, is likely to have a significant impact on the environment of Commonwealth land, is to be undertaken on Commonwealth land and is likely to have a significant impact on the environment anywhere, and is an action to be taken by the Commonwealth that is likely to have a significant impact on the environment anywhere.

Only the Commonwealth can advise definitively whether a proposed action is a controlled action; however, the Department of the Environment and Heritage has prepared guidelines to help proponents decide whether an action is likely be a controlled action that should be referred to the Minister for assessment and approval; these are known as the Significant impact Guidelines: Matters of National Environmental Significance (DEH 2006).

No Commonwealth listed matter is present on the property, so that no further consideration is given to the assessment under the EPBC Act.

Conclusion, EPBC Act In our opinion, the proposed two lot subdivision at Lot 4 DP 1044990 (No.1487) Murrumbateman Road, Nanima in the Yass Valley Council area is not likely to have a significant impact on any matters of national environmental significance listed under the Environment Protection and Biodiversity Conservation Act 1999. Referral to the Commonwealth Minister for the Environment for assessment is unwarranted.

Kevin Mills & Associates 11 Proposed Subdivision 1487 Murrumbateman Road. Nanima

4.5 LEP Provisions

The Yass Valley LEP 2013 contains a clause relating to biodiversity, as set out below. The Natural Resources Biodiversity Map in the LEP shows, in green hatching, the land to which Clause 6.3 applies.

"6.3 Terrestrial biodiversity (1) The objective of this clause is to maintain terrestrial biodiversity by:

protecting native fauna and flora, and protecting the ecological processes necessary for their continued existence, and encouraging the conservation and recovery of native fauna and flora and their habitats.

(2) This clause applies to land identified as "Biodiversity" on the Natural Resources Biodiversity Map. (3) Before determining a development application for development on land to which this clause applies, the consent authority must consider: (a) whether the development is likely to have:

any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

any adverse impact on the habitat elements providing connectivity on the land, and (b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development. (4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or

if that impact cannot be minimised—the development will be managed to mitigate that impact."

The subject land is zoned Zone RU1 - Primary Production under Yass Valley LEP 2013. One objective of this zone is to "protect and enhance the biodiversity of Yass Valley". An important role of an assessment of rural residential subdivision, then, is to ensure that biodiversity is not compromised. The LEP further requires consideration under Clause 4.1C, as set out below.

"4.IC Additional requirements for subdivision in certain rural zones (1) The objectives of this clause are to enable appropriate subdivision of land to which this clause applies having regard to topographical constraints, agricultural productivity, biodiversity values and environmental impact. (2) This clause applies to land in the following zones:

Zone RUI Primary Production, Zone RU2 Rural Landscape, Zone RU4 Primary Production Small Lots.

(3) Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that:

the pattern of lots created by the subdivision and the location of any future buildings on the land are not likely to have a detrimental impact on any riparian land, watercourses or biodiversity values, or exacerbate existing erosion or salinity processes, and

the subdivision layout has regard to protecting areas of remnant vegetation and will minimise the need for clearing vegetation for any future buildings, accessways, fences and any associated asset protection zones, and

the pattern of lots will not significantly increase access to a watercourse for stock and domestic purposes, and

the subdivision will not adversely affect the use of the land and surrounding land for agriculture."


Aimost all of proposed Lot 2 and the most southern part of Lot 1 are shaded on the Biodiversity Map. This is because the mapping has identified the extensive areas of derived native grassland through aerial interpretation. The new building envelope for Lot 2 is located within the mapped biodiversity area and part of the driveway traverses the mapped area. The inspection on the ground found that the native grassland is not consistent across the mapped area. The area within the building envelope is less diverse that the western part of Lot 2; the most diverse area is shown on Figure 2, below. That area also contains two significant species, namely Austral Grass Tree Xanthorrhoea australis and Silky Hakea Hakea sericea, both of which are quite uncommon in the region;

A recommendation made below delineates an area that should be covered in an expanded Restricted Area to prohibit clearing and exclude development. This would be a positive biodiversity outcome of the subdivision.

5. Conclusion

The subject property at Lot 4 DP 1044990 (No.1487) Murrumbateman Road, Nanima, previously covered in Dry ForestiWoodland with a grassy to shrubby understorey, supports derived native grassland and stands of regrowth trees, particularly wattles. The habitat on the property no doubt attracts several listed woodland bird species, at least as itinerants, although the type of vegetation present is not listed as endangered.

The access driveway, dwelling and services on proposed Lot 2 can be constructed without impacting significantly upon the better quality habitat, as shown on Figure 2. Heightened protection can be afforded to that part of Lot 2 through a restriction on clearing and development, a positive outcome of the subdivision.

Assessments under the relevant legislation provided in the report concluded that the preparation of a Species Impact Statement (SIS) as provided for under the NSW Threatened Species Conservation Act 1995 is not warranted. Further, it was concluded that matters of national environmental significance (NES) will not be impacted and thus referral to the Commonwealth minister under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 is not warranted.

Recommendations Restrictions should be imposed upon the area outlined on Figure 2 that supports an extensive area of quite diverse derived native grassland, regrowth woodland and two regionally significant plant species; such a covenant would prohibit clearing of the vegetation, developments other than the proposed short section of access driveway in the south and intensive stock grazing.

The main watercourse and on the southern slope of Lot 2 require treatment to address soil erosion. Removal of stock may be all that is required.


.I 4

., .. •, •. • • p )4',t .b*b'

*1 r - . •. 1 • .

* * : , ,•

-.-----

I • 2 • v. *

I 0

•:

*vv Ill I

./Z:;'TTT:T7' \ ' .

42./3h

'p \ \ / Dp1044990

17/ 1 It - . . .

/ 0ffS.l0AL1Q1L

-' I:' is pjii ?_ s ptpoRxo FOR DAPR!W BOx, 1:4000

00 0 A3

000 300 AS A PROPOSEO SUBOMSION TO ACCOMPANY A _ - I DCtLOPIAENT APPLICATION TO YASS VALLEY - -

Figure 2. Extension of Restricted Area.


6. REFERENCES

Commonwealth of Australia (1999). Environment Protection and Biodiversity Conservation Act 1999. Commonwealth Government, Canberra.

Department of Environment and Climate Change (DECC)lDepartment of primary Industries (DPI) (2005). Guidelines for Threatened Species Assessment. DECO, Sydney, July.

Department of Environment, Climate Change and Water NSW (DECCW) (2010). National Recovery Plan for White Box - Yellow Box - Blakely's Red Gum Grassy Woodland and Derived Native Grassland. Department of Environment, Climate Change and Water NSW, Sydney.

Department of the Environment and Heritage (2006). The Significant Impact Guidelines: Matters of National Environmental Significance, May.

Environment Australia (2000). Administrative Guidelines for Determining whether an Action has, will have, or is likely to have a Significant Impact on a Matter of National Environmental Significance under the Environmental Protection and Biodiversity Conservation Act 1999.

OE&H (online). NSW Wildlife Atlas. Computer database of species records, periodically updated.

NSW Department of Planning (2007). Commonwealth Environment Protection and Biodiversity Conservation Act 1999. Guide to Implementation in NSW. NSW Planning, Sydney, May, 24p.

NSW Department of Environment and Conservation (DEC) (2004). Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities. Working Draft. Prepared by the NSW NPWS and SMEC Australia.

New South Wales (1979). Environmental Planning & Assessment Act 1979. NSW Government, Sydney.

New South Wales (1995). Threatened Species Conservation Act 1995. NSW Government, Sydney.

Kevin Mills & Associates 15 Proposed Subdivision 1487 Murrumbafeman Road, Nanima

Appendix I List of Plant Species

Natives Acacia dealbata Silver Wattle Acacia mearnsii Black Wattle Aristida sp. Wiregrass Brachyloma daphnoides Daphne Heath Carex appressa Tall Sedge Cassinia aculeata Common Cassinia Centella asiatica Indian Pen nywort Cheilanthes sieberi Mulga Fern Daviesia leptophylla Narrow-leaf Bitter Pea Diane/la revoluta Spreading Flax-lily Diliwynia sericea Showy Parrot Pea Eucalyptus cinerea Argyle Apple Eucalyptus dives Broad-leaved Peppermint Eucalyptus macrorhyncha Red Stringybark Eucalyptus mannifera Brittle Gum Eucalyptus ross/i Inland Scribbly Gum Exocarpos cupressiformis Native Cherry Cheilanthes sieberi Mulga Fern Gompholobium hue gel/i Pale Wedge Pea Gonocarpus tetragynus Poverty Raspwort Goodenia hederacea Ivy Goodenia Hakea sericea Silky Hakea Hibbertia obtusifolia Grey Guinea Flower Juncussp. Rush Lepidosperma laterale Variable Sword-sedge Lomandra fl//form/s Wattle Mat-rush Lomandra Ion gifolia Spiny-headed Mat-rush Lomandra mu/f/flora Many-flowered Mat-rush Me/ichrus urceolaris Urn Heath Microlaena stipoides Weeping Grass Poa labillardierei Tussock Grass Poa sIeberiana Large Tussock Grass Pteridium esculentum Common Bracken Pultenaea microphylla Small-leaved Bush-pea Ryfidosperma pallidum Silver-top Wallaby Grass Viola bet onicifolia Purple Violet Vittadinia mue/leri Narrow-leaf New Holland Daisy Themeda australis Kangaroo Grass Xanthorrhoea austra/is Austral Grass Tree

Exotics *Acetosella vulgaris Sheep Sorrel *Cirsium vulgare Spear Thistle *Gamochaeta ca/viceps Cudweed *Hypochaeris radicata Flatweed *Nassella frichotoma Serrated Tussock 'P/nus radiata Radiata Pine


APPENDIX E - Yass Valley Council · APPENDIX E FLORA AND FAUNA ... DIVERSE PROJECT SOLUTIONS 10...

Documents

Transcript of APPENDIX E - Yass Valley Council · APPENDIX E FLORA AND FAUNA ... DIVERSE PROJECT SOLUTIONS 10...