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Tippy Gully – Ada Forest

348-510-0008

SOOTY OWL DETECTION REPORT

Report on Sooty Owl (Tyto tenebricosa) detection within and/or adjacent to VicForestsscheduled and active logging coupe 348-510-0008

AbstractVicForests scheduled and now active clear-fell logging coupe 348-510-0008 was investigated to determine the presence/absence of the Sooty Owl and Sooty Owl nesting and roosting site used recently and frequently.

As such, planning and operational compliance with the regulatory framework governing logging operations within Victorian State Forest concerning the application of the “Intended Management Actions” detailed within the relevant Flora and Fauna Guarantee Act (1998) Action Statement #117 for the Sooty Owl, the “Management Guideline” for the Sooty Owl detailed in the relevant Central Highlands Forest Management Plan, and the “precautionary principle” as expressed within and required by the relevant “Code of Practice for Timber Production”, was assessed.

The results of this investigation have detected the Sooty Owl 35 times on 7 out of 14 recording sessions with each of these recording sessions detecting the Sooty Owl at either dusk or dawn. These recordings were made both from within and from within 100m of scheduled and now active logging coupe 348-510-0008.

The methodology employed and the results of the investigation and the reports conclusions and recommendations are detailed below.

Relevant Legislation• Flora and Fauna Guarantee Act (1998) Action Statement #117 Sooty Owl Tyto tenebricosa, Department of

Sustainability and Environment, The State of Victoria, East Melbourne, 2003• Central Highlands Forest Management Plan (Chapter 3, Biodiversity Conservation), DNRE, East Melbourne,

1998• Code of Practice for Timber Production (Section 2.2.2), Victorian Government Department of Sustainability

and Environment, 2007

Organisations participant in breach• VicForests• Logging contractors operating in coupe 348-510-0008

Status of SiteLogging is ongoing within coupe 348-510-0008.

SurveyorsAndrew Lincoln (29/01/14 [Active search]; 15/02/14 – 28/02/14 [Song Meter])

Matthew Lincoln (29/01/14 [Active search])

AuthorAndrew LincolnFauna and Flora Research Collective Inc.

Date of Investigation 29/01/14 [Active search]; 15/02/14 – 28/02/14 [Song Meter]

Date of report 08/03/2014

140308 - Tippy Gully_Ada Forest - 348-510-0008 – Sooty Owl Detection Report - AL_FFRC 1/34

Location details

Within and adjacent to VicForests scheduled logging coupe 348-510-0008 in the Tippy Gully catchment of the Ada River in the Ada State Forest.

Figure A. Detail from: "Approved Timber Release Plan Map (with all approved amendments applied) Powelltown (East), (2013 - 2016)", VicForests, July 2013

* Investigation location within blue box.


Method 1 (Active Search/listening on dusk – method used)

Active Search/listening on dusk [29/01/2014]Survey technique:

• Listening on dusk• Audio recording using hand-held audio recorder

[Model: Sony IC Recorder ICD-UX200F]• Spotlighting (hand-held) and binoculars for species identification.• Global Positioning System (GPS) for recording location of species detection records.

Location:• “Active Search Recording Location”; 55 H 396716 5813212 (GDA//UTM)• See “Results 3” Figure 2. “Active search recording location” for further details.

Method used:1. Present on the 29th January 2014, at approximately 20:35, at the above location within the Ada Forest

and within VicForests scheduled logging coupe 348-510-0008, audio recording using a hand-held audio recorder was commenced at 20:56.

2. Audio of the surrounding area was recorded for approximately 1 hour.

3. During this time the Sooty Owl (Tyto tenebricosa) was heard and subsequently recorded 10 times.

4. Times associated with each Sooty Owl vocalisation were incorporated into the audio recording's “.mp3” file and approximate range and direction (bearing) were noted by the surveyors following each vocalisation.

5. Surveyors remained in the forest around this location for approximately 00:60 minutes following the conclusion of recording.

6. During this time feint/distant Sooty Owl calls were heard from various directions but details were not recorded.

7. Details of each of the 10 Sooty Owl vocalisations recorded are further detailed in this reports “Results 1.” section, with photographic presentation of and links to the audio/video of this information as captured by analysis under “spectographic” visualisation (i.e. graphical representationof the Sooty Owls calls as frequency over time)12.

8. A summary of these results, together with those obtained and detailed in the next section (“Method 2Song Meter – method used”), is presented in “Results 2. Table 1. Tippy Gully Song Meter (SM2) andActive Search Audio Recordings - Summary of Sooty Owl detections”.

1 Video/audio presentation created using software from the following sources: http://www.wildlifeacoustics.com/products/song-scope-overview, http://www.sonicvisualiser.org/, and;http://atomisystems.com/activepresenter/

2 See: http://www.wildlifeacoustics.com/resources/publications for links to further information.


http://www.wildlifeacoustics.com/products/song-scope-overview

http://www.wildlifeacoustics.com/resources/publications

http://atomisystems.com/activepresenter/

http://www.sonicvisualiser.org/

Method 2 (Song Metre (remote audio recording) – method used)

Song Meter (remote audio recording) [15/02/2014 – 28/02/2014]Survey technique:

• “Song Meter [SM2]”3 (remote audio recording)• Global Positioning System (GPS) for recording location of Song Meter deployment.

Location:• “Song Meter Recording Location”; 55 H 396646 5813396 (GDA//UTM)• See “Results 3” Figure 2. “Song Meter Recording Location” for further details.

Method used:1. The “Song Meter” was placed at the above location on the 15/02/2014.

2. The “Song Meter” was programmed to record audio from sunset to sunrise4 from the evening of 15/02/2014 to the morning of 28/02/2014.

3. Each sunset to sunrise audio recording was considered a separate “Recording Session”. Thus, the first “Recording Session” was from 15/02/2014 at 20:16 (PM) (20140215_201600) to approximately07:17 (AM) on the 16/02/2014 (Approximately 10-11 hours).

Note: Due to the large size of the files generated using the “Song Meter”, audio (.wav) files of each “RecordingSession” are broken into 2 distinct files. See “Results 2.” summary for further details. Note: Times displayed following the “Song Meter second audio file start” are as offset from the recording start time of the second audio file.

For example: “24-Mon-20140224_200500 *20140225_052427-[recording session]“10”- 00:06:20” is a Sooty Owl detection 6 minutes after “ 052427”, or at 05:30:47 (AM).This Sooty Owl detection is considered within the 10th Song Meter audio recording session.

4. The “Song Meter” was retrieved on the 01/03/2014.

5. Audio recordings were subsequently analysed using “recognisers” generated from training data gathered from various locations through the automated “Batch Processing” functions of the “Song Scope” audio software.5

6. Details of each of the 25 Sooty Owl vocalisations detected through this process are further detailed in this reports “Results 1.” section, with photographic presentation of and links to the audio/video of this information as captured by analysis under “spectographic” visualisation (i.e. graphical representation of the Sooty Owls calls as frequency over time)6.

7. A summary of these results, together with those obtained and detailed in the previous section (“Method 1 Active Search/listening on dusk – method used”), is presented in “Results 2. Table 1. Tippy Gully Song Meter (SM2) and Active Search Audio Recordings - Summary of Sooty Owl detections”.

3 See: http://www.wildlifeacoustics.com/products/song-meter-sm2-birds for further details.4 Sunset and Sunrise set according to: http://www.ga.gov.au/geodesy/astro/sunrise.jsp5 See: http://www.wildlifeacoustics.com/images/documentation/Song-Scope-Users-Manual.pdf6 See: http://www.wildlifeacoustics.com/resources/publications for links to further information.


http://www.wildlifeacoustics.com/resources/publications

http://www.wildlifeacoustics.com/images/documentation/Song-Scope-Users-Manual.pdf

http://www.ga.gov.au/geodesy/astro/sunrise.jsp

http://www.wildlifeacoustics.com/products/song-meter-sm2-birds

Method (analysis/recommendations - 1)

From: Flora and Fauna Guarantee Act (1998) Action Statement #117 Sooty Owl Tyto tenebricosa, Department of Sustainability and Environment, The State of Victoria, East Melbourne, 2003, p. 4-5



From: Central Highlands Forest Management Plan (Chapter 3, Biodiversity Conservation), DNRE, East Melbourne, 1998, p.23-24



Exerts from: Code of Practice for Timber Production (Section 2.2.2), Victorian Government Department of Sustainability and Environment, 2007, p. 22, 78

“2.2.2 Conservation of Biodiversity

Operational GoalPlanning, harvesting and silvicultural operations in native forests specifically address theconservation of biodiversity, in accordance with relevant legislation and regulations, andconsidering relevant scientific knowledge.

Mandatory ActionsWhere fire is used in timber production operations, all practicable measures must be taken toprotect all areas excluded from harvesting from the impacts of unplanned fire.

Forest management planning and all forestry operations must comply with measures specified inrelevant Flora and Fauna Guarantee Action Statements and Flora and Fauna Guarantee Orders.

Rainforest communities in Victoria must not be harvested. Rainforest communities must beprotected from the impacts of harvesting through the use of appropriate buffers to maintainmicroclimatic conditions and protect from disease and other disturbance.

To facilitate the protection of biodiversity values, the following matters must be addressedwhen developing and reviewing plans and must be adhered to during operations:

• application of the precautionary principle to the conservation of biodiversity values, consistent with monitoring and research to improve understanding of the effects of forest management on forest ecology and conservation values;

• consideration of the advice of relevant experts and relevant research in conservation biology and flora and fauna management at all stages of planning and operations;

• use of wildlife corridors, comprising appropriate widths of retained forest, to facilitate animal movement between patches of forest of varying ages and stages of development, and contributing to a linked system of reserves;

• providing appropriate undisturbed buffer areas around significant habitats;• maintaining forest health and ecosystem resilience by managing pest plants, pest animals and

pathogens; and• modifying coupe size and dispersal in the landscape, and rotation periods, as appropriate.

At the coupe planning and harvesting level, the retention of habitat trees or patches and longlived understorey elements in appropriate numbers and configurations, and provision for the continuity and replacement of old hollow-bearing trees within the harvestable area, must be allowed for.” (p.22)

“Glossary

Precautionary principle – when contemplating decisions that will affect the environment,the precautionary principle requires careful evaluation of management options to whereverpractical avoid serious or irreversible damage to the environment; and to properly assessthe risk-weighted consequences of various options. When dealing with threats of serious orirreversible environmental damage, lack of full scientific certainty should not be used as areason for postponing measures to prevent environmental degradation.” (p.78)


Results 1 – Figures 1(a-b). and APPENDIX A

1. A total of 35 Sooty Owl vocalisations were recorded. The average call duration of each of these Sooty Owl vocalisation recorded was approximately 1.28 seconds. These Sooty Owl “territorial” vocalisations typically occur at between approximately 1100hz and 2200hz.

Figures 1(a-b). [below] and APPENDIX A [see end of report]2. The following images, created in “Song Scope 4.1.3A”7 are screen captures of the first and third

Active Search and the first Song Meter Sooty Owl audio detections obtained within each of the 2 “Methods Used” within this investigation. Each image shows the “spectographic visualisation”of each call. That is, the recorded frequency of each Sooty Owl vocalisation presented over time.

3. The caption associated with each images (for Figures 1(a-c) here, and Figures I(a-j) and II(a-y) in APPENDIX A) detail the following information:

“Figure number/ID”. “Recording Type/Methoud Used”; “Month/Year”; “day of the month”;”day of the week”; “recording date and commencement time”; “recording session”; “time of Sooty Owl vocalisation offset from audio file start”; “GPS location in GDA/UTM position format”

4. Each of the spectogram images here in Figures 1(a-c) and each of Figures I(a-j) and II(a-y) in APPENDIX A are web links to an audio/video file compilation, where the “spectogram” is alternatively created in “Sonic Visualiser 2.3”,8 containing the specific vocalisation shown in each image. Alternatively, click the following links to see/hear the compiled Sooty Owl vocalisations for each of the respective Methods used:

i. ACTIVE SEARCH/LISTENING ON DUSK RECORDING SESSION COMPILATION (web link)

ii. SONG METER (REMOTE AUDIO RECORDING) SESSION COMPILATION (web link)Note: Recording times in the web links (been compilations of only the Sooty Owl vocalisations extracted from the lengthy field recordings) do not represent the actual recording times of each vocalisation. See each images caption (below) and Results 2. for these details.

Figure 1 (a). Active Search; January 2014; 29; Wednesday; 20140129_205600; 1; 00:14:40; 55 H 396716 5813212

7 See: http://www.wildlifeacoustics.com/products/song-scope-overview8 See: http://www.sonicvisualiser.org/


http://youtu.be/GvSEuL1G93M

http://youtu.be/7ffqCeHiZ60

http://www.sonicvisualiser.org/

http://www.wildlifeacoustics.com/products/song-scope-overview


Figure 1(b). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:19:26 ; 55 H 396716 5813212

Figure 1 (c). Song Metre; February 2014; 16; Sunday; 20140216_201500; 2; 25:16.06; 55 H 396646 5813396




Results 2. Table 1. Tippy Gully Song Meter (SM2) and Active Search Audio Recordings - Summary of Sooty Owl detections

January 2014 [SUNSET] Midnight

20:35:00 21:05:00 21:35:00 22:05:00 22:35:00 23:05:00 23:35:00 00:05:00 00:35:00 01:05:00 01:35:00 02:05:00 02:35:00 03:05:00 03:35:00 04:05:00 04:35:00 05:05:00 05:35:00 06:05:00 06:35:00

29 Wed 20140129_205600 1

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February 2014 Midnight

20:16:00 20:46:00 21:16:00 21:46:00 22:16:00 22:46:00 23:16:00 23:46:00 00:16:00 00:46:00 01:16:00 01:46:00 02:16:00 02:46:00 03:16:00 03:46:00 04:16:00 04:46:00 05:16:00 05:46:00 06:16:00

15 Sat 20140215_201600 1

16 Sun 20140216_201500 2 00:25:16

17 Mon 20140217_201400 3 00:22:58

18 Tue 20140218_201300 4

19 Wed 20140219_201200 5

20 Thu 20140220_201000 6

21 Fri 20140221_200900 7

22 Sat 20140222_200800 8

23 Sun 20140223_200600 9

24 Mon 10

25 Tue 11 00:28:50 00:25:01

26 Wed 12 00:24:56 07:09:25 00:31:23 01:01:00

27 Thu 13 00:29:48 00:35:11 01:10:46 00:13:41 00:35:39

½ hour time brackets offset from sunset ending at (min): 00:30:00 01:00:00 01:30:00 02:00:00 02:30:00 03:00:00 03:30:00 04:00:00 04:30:00 05:00:00 05:30:00 06:00:00 06:30:00 07:00:00 07:30:00 08:00:00 08:30:00 09:00:00 09:30:00 10:00:00 10:30:00

Total no. of Sooty Owl detections within ½hr time bracket: 5 16 2 0 2 0 0 0 0 0 0 0 0 1 2 0 0 0 4 2 1

% of total Sooty Owl detections within ½hr time bracket: 14% 46% 6% 0% 6% 0% 0% 0% 0% 0% 0% 0% 0% 3% 6% 0% 0% 0% 11% 6% 3%

% of all 278 ½hr time brackets with Sooty Owl detection: 1.80% 1.80% 0.72% 0% 0.36% 0% 0% 0% 0% 0% 0% 0% 0% 0.72% 0.72% 0% 0% 0% 1.44% 1.08% 0.72%

Legend: Recording: Sooty Ow l detection Recording (RAIN: poorly discernible audio) Recording/Present: No Sooty Ow l detection Total Sooty Owl Detections: 35

#^ Specific recording times are displayed as tim e offset from recording start tim e {NOTE: Song Meter recording sessions are broken into 2 audio files}

(i.e. 20:56 on 29/01/14 for active search; Sunset for 1st Song Meter audio recording file; approx. 05:00AM for 2nd Song Meter audio file)

^ Active search audio recording comm enced at 20:56:00. Tim es displayed are as offset from this tim e. (i.e . 00:14:40 is approxim ately 35 minutes after sunset)

# Song Metre recording sessions are from sunset-sunrise (approxim ately 10 hours 30 minutes). Sunset recedes from 20:16 on 15/02/14 to 20:01 on 27/02/14

* All morning (AM) recordings are included w ith the session w ith w hich recording com menced at sunset on the preceding day.

Active Search^ Active search: [recording start]

Approximate start of ½hr time bracket(i.e. 20:35-21:05 on 29/01/14):

00:14:40 00:17:16 00:19:26 00:21:54 00:24:00 00:28:00 00:30:45 00:34:32 00:37:56

Song Metre#Song Metre: [first audio file start]

[SUNSET] Song Metre:

[second audio file start]

Approximate start of ½hr time bracket (i.e. 20:16-20:46 on 16/02/14; 20:01-20:31 on 27/03/14):

00:31:31 00:36:09

00:33:04 00:41:47

20140224_200500 *20140225_052427

00:06:20 00:24:18

20140225_200400; *20140226_052327

20140226_200200; *20140227_052127

00:30:22 00:57:26

02:09:58 02:21:39

07:15:13 07:26:00

20140227_200100; *20140228_052027

Discussion/Conclusion/Recommendations - 1-2

From: Flora and Fauna Guarantee Act (1998) Action Statement #117 Sooty Owl Tyto tenebricosa, Department of Sustainability and Environment, The State of Victoria, East Melbourne, 2003, p. 4-5

Intended Management ActionsProtection in State Forest5 "All confirmed nesting and roosting sites utilised recently and frequently (based on reliable observation or physical evidence such as pellets or wash) located outside SOMAs will be protected by a 3ha SPZ around the site and a 250-300m radius (or equivalent linear area) SMZ buffers around identified localities, unless they are already protected. In these cases, habitat for foraging is provided in areas excluded from timber harvesting by general prescription including wildlife corridors, steep areas and unmerchantable areas and areas protected for other management purposes.”, p.5

From: Central Highlands Forest Management Plan (Chapter 3, Biodiversity Conservation), DNRE, East Melbourne, 1998, p.23-24

MANAGEMENT GUIDELINEPowerful, Sooty and Masked Owls

Other conservation measures:• “A 250-metre radius SMZ around nesting or residency sites should be established for trees used within the last 5 years. Within this SMZ, timber harvesting operations, road construction and other activities likely to disturb breeding activity will be excluded during the breeding season, and nest trees and all trees within a radius of 100 metres from the nest tree will be protected.”, p.24

Sooty Owl Nesting/Roosting and/or Residency Sites1. The Sooty Owl was recorded 35 times adjacent to scheduled and currently active logging

coupe 348-510-0008 between the Tippy and Murray Gully catchments of the Ada River in the Ada Forest.

2. 10 recordings were obtained during an “Active Search” listening session survey from the 29th January 2014 and 25 recordings were obtained during a “Song Meter” remote audio recording session survey from the 15th February to the 28th February 2014.

3. The location of each of these surveys are detailed in this reports Method and Results sections and as shown on the Map (Results 3. Figure 2. and 3.) on the preceding pages.

4. The cumulative summary of the 35 Sooty Owl audio recordings shown in Results 2. Table 1.demonstrates that the Sooty Owl was present around the two recording locations at dusk on 6 out of 14 recording sessions (43%) and at dawn on 4 out of 13 sessions (31%).

Note: At 2/14 (dusk) and 2/13 (dawn) of the recording sessions rainy weather conditions resulted in poorly discernible audio such that nearby Sooty Owl vocalisations may not have been detected and thus presence/absence for these sessions may not be similarly compared.

5. During the “Active Search” survey the first Sooty Owl call was heard coming from the (estimated) location shown in Figure 2. The remaining calls were heard from various locations around the recording location. These were estimated to be contained within the “Approximate direction and range scale of Sooty Owl (Active Search) vocalisations”. Ranges and directions varied as the Owl moved throughout this area.


6. During the “Song Meter” survey 12 Sooty Owl calls were recorded within 1 hour of dusk with 5 within the first half hour. The loudest (and clearest) of all of these calls were those within the first half hour following sunset.

7. These calls are pictured in APPENDIX A as Figures II(a, d, I, k, u). [and similarly Figure II(l)., at 00:30:22 minutes from sunset]

8. From the recording sessions of #10-#13, the Sooty owl was recording calling towards dawn(sunrise) and then calling at the end of the next day(daylight) shortly after sunset.

9. Considering these factors, it is concluded that the Sooty Owl is roosting/nesting and/or “resident” in extremely close proximity to the “Song Meter” deployed at 55 H 396646 5813396 (GDA//UTM).

10. Under both the “Flora and Fauna Guarantee Act (1998) Action Statement #117” for the Sooty Owl, and the “Central Highlands Forest Management Plan (Chapter 3, Biodiversity Conservation)”, this location must be protected by:

a) a 100m and/or 3ha Special Protection Zone around the site.b) a 250-300m Special Management Zone around the site.

11. Results 2. Figure 2. (the orange 100m, 250m and 300m radial buffers around Sooty Owl “Song Meter recording location”) above demonstrates how this should have occurred prior to logging commencing within coupe 348-510-0008 and how it should be implemented immediately.

12. Logging operations have already occurred within the part of the 100m/3ha SPZ that overlapscoupe 348-510-0008 and large parts of the 250-300m SMZ have been clearfell logged.

13. However, significant forest buffering the “recently” and “frequently” used Sooty Owl nesting, roosting and or residency site still remain within parts of the 250-300m SMZ overlapping coupe 348-510-0008.

14. Logging operations within coupe 348-510-0008 must be restrained immediately and theremaining area of forest within the 250-300m SMZ must be protected immediately.



Discussion/Conclusion/Recommendations - 3

From: Code of Practice for Timber Production (Section 2.2.2), Victorian Government Department of Sustainability and Environment, 2007, pp. 22, 78

“2.2.2 Conservation of Biodiversity ...Mandatory ActionsTo facilitate the protection of biodiversity values, the following matters must be addressedwhen developing and reviewing plans and must be adhered to during operations:

• application of the precautionary principle to the conservation of biodiversity values,consistent with monitoring and research to improve understanding of the effects of forestmanagement on forest ecology and conservation values...• providing appropriate undisturbed buffer areas around significant habitats;...• modifying coupe size and dispersal in the landscape, and rotation periods, as appropriate.”

[See also the “Code of Practice for Timber Production's” definition of the “precautionary principle” contained within its “Glossary” and reproduced above within this reports “Method” section.]

Precautionary Principle15. The Sooty Owl is listed as 'threatened' under the Flora and Fauna Guarantee Act (1998).

16. In Osborne J, [2010] VSC 335, Judgement in Environment East Gippsland Inc v’s VicForests, Supreme Court of Victoria found that the “precautionary principle” required surveys to be undertaken prior to logging (and prior to the recommencement of logging) for the threatened Giant Burrowing Frogs, Large Brown Tree Frogs and Spot-tailed Quolls:

[777] In summary, logging at Brown Mountain should be restrained because:(a) SMZ and retained habitat protection has not been provided in accordance with the

relevant FFGAS following the detections of the Long-footed Potoroo in coupes 15, 19 and 26;

(b) the precautionary principle requires surveys to be undertaken to ascertain the presence or otherwise of the Giant Burrowing Frog and the Large Brown Tree Frog within the Brown Mountain coupes in circumstances where they are threatened species, their presence is probable and adequate surveys have not been carried out;

(c) the precautionary principle requires the completion of the current review of management area reserves created under the East Gippsland FMP in respect of the habitat of the Powerful Owl and the Sooty Owl in circumstances where the current management areas comprise in part modelled habitat in which neither owl species has been detected;

(d) the precautionary principle requires surveys to be undertaken to ascertain the presence or absence of the Spot-tailed Quoll within the Brown Mountain coupesin circumstances where it is threatened with extinction, the coupes comprise optimal habitat, adequate surveys have not been carried out, and the system of reserves providing protected habitat for the Spot-tailed Quoll is currently underreview. If the Spot-tailed Quoll is detected, the precautionary principle requiresthis review to be completed;

(e) the provisions of the FMP have not been complied with and require the creation of a reserve of approximately 100 hectares consequent upon the detection of exceptional levels of Greater Gliders and Yellow-bellied Gliders within the coupes. 9 [Emphasis added]

9 Osborne J, [2010] VSC 335, Judgement in Environment East Gippsland Inc v’s VicForests, Supreme Court of Victoria, Melbourne, 11 August 2010, Paragraph 777


17. On the 14th of January 2014 VicForests through their “Alleged Breaches in 348-510-0008 Preliminary Investigation Report – 10 February 2014” failed to confirm that any searches for the Sooty Owl had been undertaken prior to logging within or adjacent to coupe 348-510-0008.

18. Despite been alerted to the presence of the Sooty Owl within or adjacent to the “harvest area” of coupe 348-510-0008 on the 31 January 2014 VicForests have failed to “[provide] appropriate undisturbed buffer areas around significant habitats” and/or “[modify the] coupesize and dispersal in the landscape, and rotation periods, as appropriate.”

19. In failing to undertake appropriate searches for the Sooty Owl within or adjacent to coupe 348-510-0008 VicForests have failed to apply the precautionary principle regarding “... [a threat] of serious or irreversible environmental damage, [by not alleviating the] lack of full scientific certainty [by] postponing measures to prevent environmental degradation” in theirfailure to assess the presence/absence of the Sooty Owl and/or Sooty Owl “nesting/roosting and/or residency” sites.

20. Further; in similar circumstances to that summarised by Justice Osborne above, “logging … should be restrained because” ... “the precautionary principle requires surveys to be undertaken to ascertain the presence or otherwise” of (in the present case) the Sooty Owl“in circumstances where they are [a] threatened species, their presence is probable and adequate surveys have not been carried out”10

21. VicForests must refrain from logging, and the Department of Environment and Primary Industries (DEPI) must restrain logging, within coupe 348-510-0008 until appropriate surveys have been conducted “during appropriate climatic conditions by appropriately qualified persons”11 for the Sooty Owl within and adjacent to coupe 348-510-0008 and appropriate responsive management actions have been enforced following the conclusion of these surveys.

10 From: Osborne J, [2010] VSC 335, Judgement in Environment East Gippsland Inc v’s VicForests, Supreme Court ofVictoria, Melbourne, 11 August 2010, Paragraph 777

11 Osborne J, [2010] VSC 335, Judgement in Environment East Gippsland Inc v’s VicForests, Supreme Court of Victoria, Melbourne, 11 August 2010, Paragraph 761



APPENDIX A

Figure I(a-j) Active Search

Figure I ( a ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:14:40 ; 55 H 396716 5813212

Figure I ( b ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:17:16 ; 55 H 396716 5813212




APPENDIX A


Figure I ( c ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:19:26 ; 55 H 396716 5813212

Figure I ( d ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:21:54; 55 H 396716 5813212




APPENDIX A


Figure I ( e ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:24:00 ; 55 H 396716 5813212

Figure I ( f ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:28:00 ; 55 H 396716 5813212




APPENDIX A


Figure I ( g ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:30:45 ; 55 H 396716 5813212

Figure I ( h ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:34:32 ; 55 H 396716 5813212




APPENDIX A


Figure I ( I ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:37:56 ; 55 H 396716 5813212

Figure I ( j ). Active Search; January 2014; 29; Wednesday; 20140129_205600 1; 00:48:17; 55 H 396716 5813212




APPENDIX A (continued)

Figure II(a-y) Song Meter

Figure II ( a ). Song Meter; February 2014; 16; Sunday; 20140216_201500; 2; 00:25:16 ; 55 H 396646 5813396

Figure II ( b ). Song Meter; February 2014; 16; Sunday; 20140216_201500; 2; 00:36:09 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( c ). Song Meter; February 2014; 16; Sunday; 20140216_201500; 2; 00:36:09; 55 H 396646 5813396

Figure II ( d ). Song Meter; February 2014; 17; Monday; 20140217_201400; 3; 00:22:58 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( e ). Song Meter; February 2014; 17; Monday; 20140217_201400; 3; 00:33:04 ; 55 H 396646 5813396

Figure II ( f ). Song Meter; February 2014; 17; Monday; 20140217_201400; 3; 00:41:47 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( g ). Song Meter; February 2014; 25; Tuesday; *20140225_052427; 10; 00:06:20 ; 55 H 396646 5813396

Figure II ( h ). Song Meter; February 2014; 25; Tuesday; *20140225_052427; 10; 00:24:18 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( I ). Song Meter; February 2014; 25; Tuesday; 20140225_200400; 11; 00:28:50 ; 55 H 396646 5813396

Figure II ( j ). Song Meter; February 2014; 25; Wednesday; *20140226_052327 11; 00:25:01 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( k ). Song Meter; February 2014; 26; Wednesday; 20140226_200200; 12; 00:24:56 ; 55 H 396646 5813396

Figure II ( l ). Song Meter; February 2014; 26; Wednesday; 20140226_200200; 12; 00:30:22 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( m ). Song Meter; February 2014; 26; Wednesday; 20140226_200200; 12; 00:57:26 ; 55 H 396646 5813396

Figure II ( n ). Song Meter; February 2014; 26; Wednesday; 20140226_200200; 12; 02:09:58 ; 55 H 396646 5813396




Figure II(a-y)

Figure II ( o ). Song Meter; February 2014; 26; Wednesday; 20140226_200200; 12; 02:21:39 ; 55 H 396646 5813396

Figure II ( p ). Song Meter; February 2014; 27; Thursday; *20140227_052127; 12; 07:09:25; 55 H 396646 5813396





Figure II(a-y)

Figure II ( q ). Song Meter; February 2014; 27; Thursday; *20140227_052127; 12; 07:15:13 ; 55 H 396646 5813396

Figure II ( r ). Song Meter; February 2014; 27; Thursday; *20140227_052127; 12; 07:26:00 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( s ). Song Meter; February 2014; 27; Thursday; *20140227_052127; 12; 00:31:23 ; 55 H 396646 5813396

Figure II ( t ). Song Meter; February 2014; 27; Thursday; *20140227_052127; 12; 01:01:00 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( u ). Song Meter; February 2014; 27; Thursday; 20140227_200100; 13; 00:29:48 ; 55 H 396646 5813396

Figure II ( v ). Song Meter; February 2014; 27; Thursday; 20140227_200100; 13; 00:35:11 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( w ). Song Meter; February 2014; 27; Thursday; 20140227_200100; 13; 01:10:46 ; 55 H 396646 5813396

Figure II ( x ). Song Meter; February 2014; 28; Friday; *20140228_052027 13; 00:13:41 ; 55 H 396646 5813396





Figure II(a-y)

Figure II ( y ). Song Meter; February 2014; 28; Friday; *20140228_052027 13; 00:35:39; 55 H 396646 5813396


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