Proposed Nillumbik ESO 4 Waterways: Strategic
Justification
October 2015
What is the proposal?
Nillumbik Shire Council is amending the Nillumbik Planning Scheme to better protect the biodiversity
values of our waterways. At present only the five major waterways are covered with a 30m buffer.
This amendment extends the coverage to all waterways and widens the buffer to better protect
biodiversity.
The Planning Scheme Amendment seeks to combine three existing Environmental Significance
Overlays (ESO); ESO2 Yarra River, ESO3 Plenty River and ESO4 Waterways into one new
waterways overlay. This will provide a more streamlined planning scheme and better protect
sensitive riparian environments and the threatened species they contain though a wider ESO
application based on stream order as recommended by Melbourne Water and the latest research.
The new overlay is proposed to cover a prescribed distance either side of all waterways within the
Shire, with the riparian buffer width varying dependant on stream order (Figure 1) in accordance with
Waterway corridors; Guidelines for greenfield development areas within the Port Phillip and Western
Port region, Melbourne Water, 2013. Smaller waterways in the headwaters of catchments will have
smaller riparian zone widths and large waterways in the downstream area of a catchment will have
wider riparian zones. This ensures that waterway corridors are at an appropriate spatial scale for the
size of the waterway in any given location. The ESO is proposed to cover either side of waterways
the following distance:
Table 1. Proposed ESO coverage for each stream order
Stream Order
ESO coverage
1
20m
2
20m
3
30m
4
50m
Figure 1. Strahler stream order concept
What is the value of riparian vegetation?
Riparian land is any land that adjoins or directly influences a body of water (Figure 3). It includes:

the land immediately alongside small creeks and rivers, including the river bank itself

gullies and dips which sometimes run with water

areas surrounding lakes

wetlands and river floodplains which interact with the river in times of flood.
Figure 3. Riparian cross section
Well-vegetated riparian land is integral to waterway health, it directly contributes to the ecological
function of the waterway and provides a buffer between adjacent land uses and the waterway.
Waterway corridors and associated riparian vegetation provide a range of river health functions,
including:

Provision of food and habitat for aquatic fauna.

Provision of breeding, feeding and habitat for terrestrial fauna.

Provision of corridors for fauna movement up and down the waterway.

Provision of fauna refuge in developed landscapes and enhancing links between remaining
habitats that would otherwise remain fragmented.

Stabilisation of channel banks against erosion.

Shading and maintenance of natural temperatures within waterways.

Reducing sediments and pollutants that reach waterways through overland flow.

Maintenance and improved water quality through filtering and nutrient cycling within the riparian
zone and vegetated buffer zone.

Allowance for inclusion of some stormwater treatment systems within vegetation buffer zones if
appropriate.

Allow space for natural migration of the waterway channel, especially in areas with highly
erosive soil types.

Recruiting large woody debris into the stream and for riparian habitat over the long term.
Significant Flora
The waterways of Nillumbik contain many endangered, vulnerable or depleted Ecological Vegetation
Classes (EVC) including:

Creekline Herb-rich Woodland (EVC 164) – vulnerable

Damp Forest (EVC 29)

Escarpment Shrubland (EVC 895) – endangered

Floodplain Riparian Woodland (EVC 56) – endangered

Grassy Woodland (EVC 175) – depleted

Gully Woodland (EVC 902) – vulnerable

Riparian Scrub/Swampy Riparian Woodland Complex (EVC 17) – endangered

Riparian Forest (EVC 18)

Swampy Riparian Complex (EVC 126) – endangered

Valley Grassy Forest (EVC 47) – vulnerable

Wet Forest (EVC 30)

Wetlands (EVC 74) – endangered
Significant Fauna
Many threatened fauna species, including many listed under the Flora and Fauna Guarantee Act
1988 (FFG) utilise the riparian habitat along waterways in Nillumbik including:

Barking Owl, FFG listed – endangered

Powerful Owl, FFG listed – vulnerable

Grey Goshawk, FFG listed – vulnerable

Black Falcon – vulnerable

Nankeen Night Heron – near threatened

Large-footed Myotis – near threatened

Macquarie Perch, EPBC – endangered, FFG listed – threatened

Murray Cod, EPBC – vulnerable, FFG listed – threatened

Dwarf Galaxias, EPBC and FFG listed – vulnerable

Southern pygmy perch – vulnerable

Growling Grass Frog, EPBC – vulnerable, FFG listed – endangered

Bibrons Toadlet, FFG listed – endangered

Southern Toadlet – vulnerable
A few of these species are discussed further below.
Platypus
Platypus are present in the lower sections of Diamond Creek, although they are not currently listed
under the FFG Act, they are a key species in Melbourne Water’s Healthy Waterways Strategy
2013 as an indicator of river health. Platypus conservation relies mainly on maintenance of the
physical and biological integrity of waterways, and the physical integrity of stream banks that is
usually linked to the stabilising effects of vegetation. Platypus may be found in a wide variety of
habitats ranging from large riverine pools to fast-flowing riffles. Ideal habitat is found in shallow
rivers and streams flowing over a range of substrates with relatively steep banks consolidated by
the roots of native vegetation with growth overhanging the bank. The presence of overhanging
vegetation is an important component for several reasons:

Roots help to consolidate the banks and prevent platypus burrows from collapsing.

Overhanging vegetation provides cover from predators when animals move in and out of their
burrows and while they move and forage in shallow riffle areas.

Overhanging vegetation regulates the thermal and light environment of forested streams,
provides energy to stream food webs and contributes to habitat diversity.
Platypus may forage over extensive distances to gather their daily food requirements. Platypus are
generally restricted to dives of approximately two minutes duration with most dives lasting 60-90
seconds and animals do not regularly forage in water more than five feet deep. The area of river
habitat available to individuals for feeding determines its carrying capacity and any reduction in
invertebrate biomass in streams and rivers is of concern for population maintenance. Factors
reducing invertebrate productivity may include loss of riparian vegetation and hence the
allochthonous (terrestrial) energy base of aquatic food chains, water pollution, high silt loads and
sedimentation of invertebrate habitat, excessive benthic algal biomass, release of cold water from
impoundments, and changes in discharge and velocity which reduce the extent and/or productivity
of riffle habitat.
Powerful Owl
Powerful Owls are present in scattered locations across Nillumbik and are listed as threatened
under the FFG Act. Powerful Owls nest inside a large hollow within old trees with diameters at
breast height above 70cm. It is estimated that hollows suitable for these large owls do not form,
even in the fastest-growing eucalypts, until they are at least 150-200 years of age. Nest trees are
most often situated near waterways (stream order 1 and above) with roost trees rarely 50m from
the nest tree during breeding season (The Powerful Owl Project, Conserving owls in Sydney’s
urban landscape, BirdLife Australia, 2014). Powerful Owls prefer more densely canopied riparian
vegetation for roosting, which is also core habitat for their prey species with Ringtail Possums their
main food source. Territory size for the Powerful Owls is estimated to be around 1200ha using a 2
km radius circle centred on the nesting site.
Over much of its range, the lack of suitably large hollows is considered to be a limiting factor to
successful breeding and population recruitment. The Powerful Owl is, therefore, vulnerable to land
management practices that reduce the availability of these tree hollows now or in the future.
The Powerful Owl Action Statement (No 92) DSE, 2004 recommends the following actions to
protect the species on private property; encourage and assist Municipal Councils to develop
conservation mapping and GIS overlay systems within planning schemes to improve information
on owl habitat and breeding sites across private land. Using provisions of local planning schemes,
the Flora and Fauna Guarantee Act 1988 and the Planning and Environment Act 1987, seek to
ensure that Municipal Councils meet objectives and obligations to protect owl habitat on private
land when considering land-use change.
The Large Forest Owl Planning and Management Guidelines 2014, Lake Macquarie City Council
recommends minimum 25m, 50m, 75m, 100m, 150m and 200m vegetation buffers on both sides of
all 1st, 2nd, 3rd, 4th, 5th and 6th order streams. The report also recommends the following habitat
features be prohibited from clearing as they cannot be offset:

Confirmed nest trees and breeding roost trees and their respective 100 and 50m vegetation
buffers.

Potential habitat within 2km of a confirmed nest trees (i.e. that is below the minimum 500ha
habitat retention threshold and/or identified as a riparian habitat).

Connectivity corridors.
Dwarf Galaxias
Dwarf Galaxias are present in the Diamond Creek catchment and are listed as vulnerable under
the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and threatened under
the FFG Act. The National Recovery Plan for Dwarf Galaxias (2010) recommends the following
management practices that should be adhered to by land and water managers in order to avoid
threatening processes believed to be responsible for the decline in the Dwarf Galaxias:

No direct loss of habitat through wetland drainage on either public or private land.

No physical alteration to Dwarf Galaxias habitat as a consequence of incidental works on land
adjoining Dwarf Galaxias habitat.

Applications for water abstraction or dam construction do not compromise flow regimes for
Dwarf Galaxias.

Habitat and adjoining riparian habitat are fenced off to stock access.

Off-stream watering points are provided for stock.

No further damage to riparian vegetation.

Damaged or depleted riparian vegetation is protected and (if necessary) supplemented by
active revegetation works.
The Dwarf Galaxias Action Statement (No 258) DELWP, 2015 identifies that habitat loss is a major
threat to their survival and therefore one of the main objectives of the action statement is to
maintain or increase the extent of habitat. It recommends that waterways containing Dwarf
Galaxias are fenced to either allow for natural regeneration or restoration. The action statement
outlines the following threats to Dwarf Galaxias:

Considerable areas of freshwater wetlands have been lost to agriculture, urban and industrial
development through drainage and infilling.

Damage from unrestricted stock access has a major impact on shallow wetlands through
disturbance, infilling and siltation, increased turbidity, and removal and destruction of instream
and riparian habitat.

Destruction of instream vegetation reduces bed and bank stability and decreases shading,
resulting in poor water quality such as increased nutrient run-off, sedimentation, summer water
temperatures.

Wetland connectivity to more permanent waterbodies (such as rivers or creeks) is vital during
extended drought when such habitat may be used for refuge. Connectivity may be
compromised through clearing, establishing extensive tree plantations, water abstraction, and
construction of dams, levees, channels and pipes.

Agricultural run-off can directly affect water quality via increased input of sediment and
contaminants such as pesticides and herbicides. It may also increase the risk of algal blooms
through increased water nutrient levels and sedimentation.
Research and Reports
Use by birds of riparian vegetation in an extensively fragmented landscape, 1997
Andrew M. Fisher and David C. Goldney, Pacific Conservation Biology 3(3) 275 – 288
While native riparian woodlands are generally degraded, their connectivity and stabilizing function
(actual or potential) identifies them as a critical landscape component in maintenance or
restoration programmes. Hence it is suggested that riparian strips could form the basis for
rehabilitation initiatives within this landscape. Fenced plantings of endemic tree species
supplemented by native understorey species could be linked with existing vegetation to enhance
landscape connectivity. It is crucial that landholders become aware of the importance of riparian
vegetation for nature conservation and stream stabilization. Incentives should be provided to
landholders to encourage these areas to be fenced from stock in order to protect them from further
degradation in a significantly disturbed ecosystem.
Vegetation Communities of Banyule, Cam Beardsall, 2000

Floodplain Riparian Woodland
Sub-community: FRWrm Manna Gum (riverbank)
Conservation status in Greater Melbourne: Regionally Threatened
Distribution: Plenty River excluding the lower reaches and a small section of the Yarra for about
500 m downstream from Fitzsimons Lane.

Floodplain Riparian Woodland
Sub-community: FRWtm Manna Gum (terrace)
Conservation status in Greater Melbourne: Regionally Threatened
Distribution: Plenty River upstream from Banyule Road, Montpelier Billabong and a small section of
the Yarra for about 500 m downstream from Fitzsimons Lane
Landform: riverine; low terrace including minor drainage lines and swales of river floodplains
Tasmanian Waterways and Wetlands Works Manual, DPIWE, 2003
Ideally, a riparian zone should be as large as possible. This will maximise the benefits of the
riparian vegetation and minimise the effects of the adjacent land use on the waterway. Riparian
vegetation is critical for maintaining healthy ecosystems in small waterways and the upper reaches
of large waterways. Leafy and woody debris from the riparian vegetation of small waterways is
essential for local aquatic ecosystems. It is also an important source of carbon and nutrients for
ecosystems downstream, where there is less shading and less leafy and woody debris entering the
waterway. If resources are scarce and the objective of management is protecting the riverine
environment, preserving the riparian vegetation along small waterways should be given the same
or greater priority as preserving the riparian vegetation along large waterways.
Principles for riparian lands management, Land & Water Australia, 2007
This report notes the following on riparian areas and wildlife:

Riparian lands are among the most productive ecosystems on earth. They occupy only a small
proportion of the landscape but frequently support a greater variety and abundance of animal
life than adjacent habitats.

Important habitat components include vegetation (often taller, denser, more diverse, and more
complex in riparian lands), food, standing water, shelter from predators, sites for nesting and
roosting, and a local microclimate with less extreme temperatures and more humid conditions
than adjacent areas.

Wildlife species differ in their dependence on the riparian zone: some are confined to it
throughout their lives; others may use it only occasionally, although their long-term persistence
depends on access to intact riparian habitats.

Riparian areas are often corridors for wildlife movement. This occurs naturally in dry regions,
where stream-side vegetation forms distinctive networks across the landscape. In regions
where most native vegetation has been cleared for human use, vegetated riparian zones also
provide habitat for many species.

Degradation of riparian lands by clearing and grazing has negative impacts on a range of
wildlife species which depend on these riparian areas.

Restoration of riparian lands, including fencing to exclude livestock and re-instatement of native
vegetation, can lead to improved riparian habitat for a variety of wildlife species. There may
also be benefits to other aspects of farm productivity, such as reduced impacts of pest species.
A Review of the Management of Riparian Land in Victoria, The Public Land
Consultancy, 2008
Riparian land provides the link between terrestrial and aquatic ecosystems. It can act as a buffer to
reduce the impacts of modified land use and disturbance within the catchment on the river. If well
vegetated, riparian land provides much of the organic matter, woody debris and shade required to
make aquatic ecosystems healthy.
Intact riparian vegetation is also important in the terrestrial landscape. It contains highly diverse
flora and fauna, can act as a refuge for fauna in dry times, is often the only remaining remnant
native vegetation in largely cleared catchments, can act as a wildlife corridor, and it may act as
important refuges and biolinks with likely changes in the landscape due to climate change.
The significance of the riparian zone for biodiversity is reflected in the set of Action Statements
adopted under the Flora and Fauna Guarantee Act. Of the 230 approved Action Statements, a
significant proportion relate in some way to the riparian environment.
Management options for conserving and restoring fauna and other ecological
values of urban streams in the Melbourne Water region, University of
Melbourne, 2008
This study found that reach-scale protection and restoration of riparian vegetation, and of riparian
and non-riparian wetlands are likely to benefit a range of species that are not solely dependent on
stream habitat. The study suggests measures to conserve or restore populations of many animals
that are valued by Melbourne Water, while emphasizing that effective management of these
animals will require a broader management of the stream ecosystems themselves. Species which
may be present in Nillumbik include:
Large-footed myotis (Myotis macropus) – near threatened
Longer term management should focus on enhancing connectivity between patches of riparian
vegetation known to support M. macropus populations as this may catalyse gene flow among the
small populations.
Southern pygmy perch (Nannoperca australis) – vulnerable
In the short-term, protection of populations in urban wetland refuges should be a management
priority. Riparian vegetation replanting and fencing off would complement measures to secure
habitat by firstly reducing water temperatures to reduce any potential advantage of Gambusia
holbrooki and secondly by providing habitat structure for food sources.
Nankeen Night Heron (Nycticorax caledonicus) – near threatened
Management of riparian, wetland and floodplain vegetation to provide adequate nesting sites, and
the control of exotic predators will promote N. caledonicus populations in urban areas.
Wildlife Movement and Habitat Needs in Manningham, Lorimer et al. 2009
This local study identified that major waterways acted as habitat corridors for the movement of
fauna and that this was important also for the pollination, reproduction and dispersal of local flora.
The study found that:

Habitat fragmentation is a major threat to the survival of indigenous fauna and flora in
Manningham.

Manningham’s streams, gullies and valleys are functioning as effective corridors for a range of
native birds, including many of the more significant species. This is true even along Brushy
Creek and Ruffey Creek, with their sparse and highly fragmented scatterings of native
vegetation. Platypus and fish also move along some of the streams. Many bird species prefer
to move along valley floors even when there is superficially superior habitat on the adjacent
slopes.

Along corridors and within treed residential areas, maintenance of native tree cover (and
particularly the locally indigenous species) is the most important requirement for facilitating
wildlife movements. These movements are important for the survival of both the wildlife and
many indigenous plants that rely on wildlife for pollination, seed dispersal or pest control.

The main ways in which Manningham City Council can support the movement of wildlife are:

Conducting revegetation and habitat restoration to broaden and connect stream corridor
vegetation.

Using the permit approval process and the Environmental Significance Overlay in the
Manningham Planning Scheme to limit habitat fragmentation by land development and
vegetation removal, with particular emphasis on stream corridors and gullies.
Urban Waterway Guidelines, East Gippsland Shire Council, 2013
Urban waterways provide a considerable range of habitats for native fauna. The corridors have the
ability to sustain large populations of terrestrial and aquatic fauna in many cases connecting larger
areas of vegetation to catchment boundaries. Whilst there are obvious limitations in terms of larger
fauna species a well designed and implemented corridor can add significant value to the region
and create a natural landscape that is easily accessible to the community. Maintaining the
connectivity of a waterway to a floodplain, even if it is inset in a macrochannel, enables other
habitats disconnected from the main channel. These wet habitats can be important for frogs which
may breed in ephemeral pools. Frogs, fish, reptiles, birds and mammals require a diversity of
vegetation strata and structural habitat to thrive. Creating a diverse range of habitats increases the
likelihood that there will be fauna present. In-waterway timber (large woody debris) creates a
location for many fish species to spawn, cover for fish to shelter from predators, basking sites for
turtles and in many cases creating localised scour and persistent pools. Grazing macroinvertebrates also feed of the bio-films that grow on timber and in-turn are predated upon by fish.
Terrestrial timber (fallen logs and trees) and rocks provide very important shelter for reptiles and
lizards in particular. Hollows in old trees are highly valued features by arboreal mammals and
birds. Where these are not present consideration to the installation of nest boxes is recommended.
Maintenance or creation of these habitats are important in maintaining a degree of balance of
fauna.
Large Forest Owl Planning and Management Guidelines, Lake Macquarie City
Council (NSW), 2014
Powerful Owl breeding and roosting sites, and also preferred foraging, have been associated with
more enclosed forest along creek and gully lines. Foraging also extends into dry and regrowth
forest. Nest sites are within hollows of large, old growth, trees. Roost sites tend to be primarily
beneath dense foliage within dense forest along creeklines or swamps or side gullies on steep
slopes. Within the Lake Macquarie LGA nest trees have included Smooth Barked Apple
(Angophora costata) and Sydney Peppermint (Eucalyptus piperita) trees that have hollows west
and south-west facing. Hollows have been approximately 15–20 metres high in the tree, of
approximately 30–50cm internal diameter and approx. 1–5+ metres deep. Nest trees have also
tended to be within 100 metres of creeklines.
Objectives for planning and managing large forest owl habitat within Lake Macquarie LGA include
to:

Maintain viable local populations of all four species of large forest owls across their existing
distribution within the Lake Macquarie LGA (i.e. including retention of all confirmed nest sites
within the Lake Macquarie LGA and sufficient adjoining foraging habitat to maintain their
viability in the long term);

Improve their conservation status within the LGA by prioritising the following conservation
priority habitat for protection in reserves:


Confirmed nest sites (i.e. confirmed nest and breeding roost trees) and sustainable home
range extant habitat around such sites;

Riparian habitat;

Corridor connectivity along riparian corridors and between major habitat fragments; and

Old growth forest;
Identify important large forest owl habitat where no clearing is acceptable.
Riparian habitat provides core prey habitat. Riparian habitat also provides preferred roosting and
nesting habitat for the majority of large forest owl species. Minimum 25m, 50m, 75m, 100m, 150m
and 200m vegetation buffers on both sides of all 1st, 2nd, 3rd, 4th, 5th and 6th order streams
within the LGA should be prioritised for conservation across the Lake Macquarie LGA and
particularly within 2kms of confirmed nest and breeding roosts.
Surf Coast Shire Biodiversity Mapping Project, 2014
The project highlighted the importance of waterways and wetlands for the role they play in
providing habitat for threatened species (breeding and flocking sites for threatened waterbirds) and
important habitat linkages within the landscape.
Priority attributes identified in Stage 1 Surf Coast Shire Biodiversity Mapping:


Waterways – ESO1 Aquatic Systems

Waterways and Wetlands are priority sites

Buffers on River ≥ 100m either side

Buffers on Creeks and small gullies ≥ 50m either side

Remnant vegetation associated with waterways or wetlands provides a diverse habitat and
gives multiple benefits
Other Priorities

Connectivity with Public Land, wetlands and waterways, or other assets
DELWP suggested that the protection buffer width applied to waterways be greater for rivers and
lesser for creeks, relating to the size of the waterway and not in any way linked to the name of the
waterway. They suggested the application of a 100m buffer either side of a mapped river and 50m
either side for a mapped creeks or small gully. However the steering committee decided to adopt
the Melbourne Water buffer widths based on stream order as in the Waterway Corridor Guidelines
(described below).
Note – the waterways in Surf Coast Shire only go up to 4th stream order.
Strategic Framework – State Government
The proposed waterway ESO is supported by the following state government strategies and
reports:
Environmental Health of Streams in the Yarra River Catchment, EPA, 2000
A healthy riparian zone is particularly beneficial to aquatic macroinvertebrate communities. The
condition of the riparian zone ultimately affects the whole stream ecosystem and can be an
extremely important asset of the terrestrial ecosystem. The results of this study show strong
promise for improving aquatic health through improvement of riparian habitat. Rehabilitation and
protection of riparian habitat in urban and rural areas is of ecological, economic, aesthetic and
recreational benefit, and is an essential management priority.
This study illustrated a clear downstream decline in the ecological health of streams in the Yarra
catchment. The most apparent are the rapid decline in riparian and instream habitat associated
with land use changes downstream of the well-forested upper catchment, and the rapid decline
associated with water quality degradation in the urban tributaries.
Biological analyses suggest that land use and the condition and extent of the riparian zone are
strongly influential in group separation within the Yarra catchment, delineating sites within and
outside the forested, agricultural and urban areas. In the analysis for environmental factors across
the whole catchment, vegetation category is the environmental variable most significantly
correlated with the separation of the urban and upper catchment sites. This environmental factor
influences both water quality and riparian habitat and takes into account the extent of exotic flora in
the riparian vegetation.
The quality of aquatic habitat is closely linked to riparian vegetation. The type of vegetation along
the banks can strongly influence stream morphology, including width and cross-sectional shape, by
binding bank material and preventing slumping. Vegetation type also affects the extent of trailing
bank vegetation, interception of sediment from runoff, water temperature and primary production
through shading, and deposition of allochthanous organic material. Much of the biotic energy that
drives stream communities comes from outside the stream, so it is likely that litter from a mixed
woodland will produce a more continuous supply of food than the litter from a pure stand.
Degradation of the riparian zone often leads to edge habitat destruction and loss of the natural
contaminant buffer. This impact is common in rural areas of the Yarra valley where the natural
riparian vegetation has been completely altered or removed in many places. This study and others
have shown that agricultural activity in the upper Yarra catchment can cause deterioration in water
and environmental quality. Practices such as channelisation and reduction of vegetation cover can
destroy habitat and alter the hydraulics of the floodplain, making erosion of the waterway more
likely. Waterway erosion tends to be more localised than widespread in the Yarra valley and many
streams could be enhanced by improvements to riparian vegetation.
VPP Planning Practice Note – Biodiversity, DOI, 2002
This Planning Practice Note provides guidance for local councils about when to apply overlay
schedules to biodiversity assets and advises:
The native vegetation provisions (Clause 52.17) and decision guidelines (Clause 65) are the
minimum ‘baseline conservation provisions’ for limiting the loss of biodiversity on a State wide
basis. They should not be regarded as adequate and effective in meeting all biodiversity
conservation objectives and more specific provisions may need to be applied.
Diamond Creek Streamflow Management Plan, Melbourne Water, 2003
Diamond Creek supports a diverse biological community of fish, vertebrates, invertebrates and
streamside vegetation. The Diamond Creek river corridor connects the Kinglake National Park at
the top of the catchment to the Yarra River.
The fish species Pouched Lamprey, Spotted Galaxias and River Blackfish found in the system are
considered threatened in Victoria. The creek also provides habitat for the threatened Australian
Grayling that can recolonise Diamond Creek by means of the Dights Falls fishway on the Yarra
River.
Threatened vertebrates such as the Large Footed Myotis and the Broad-Shelled Tortoise may
occur in the catchment as well as other, more common species such as the Platypus and the
Water Rat. These animals rely directly on the in-stream environment for their survival.
Diverse macroinvertebrate populations and significant macroinvertebrate habitat are found in the
upper catchment but decline downstream. These aquatic invertebrates depend on flows to
maintain their habitat. Animals higher in the food chain also rely on these aquatic invertebrates as
a food source.
The stream banks of the lower reaches of Diamond Creek and Arthurs Creek have been cleared or
filled with exotic plants and so have little natural habitat. The mid to upper reaches of the Creek
have more intact native vegetation and more complex instream habitat such as woody debris. Of
the species of streamside flora found in the catchment, the Netted Brake and the Swamp BushPea are rare in Victoria. Community groups have undertaken revegetation works in some of the
smaller tributaries such as Watery Gully.
This aquatic life adapts to the natural patterns of high and low stream flows to survive and flourish.
Changes to these natural patterns may put the aquatic life at risk. For example, stream flows are
naturally low during droughts and so the aquatic life develops ways to survive occasional droughts.
But if stream flows reproduce drought conditions every year because of the extraction of water, the
aquatic life may not be able to survive. The best way to protect aquatic life is to mimic the natural
patterns of stream flows.
Plenty River Streamflow Management Plan, Melbourne Water, 2007
The Plenty River has been identified as an important wildlife corridor linking the Kinglake National
Park, via the closed catchment of Yan Yean Reservoir, to the Yarra River. Platypus has been
recorded in Plenty River upstream of Greensborough and in the lower reaches close to the
confluence with the Yarra River.
The environmental condition or health of a stream is a product of many factors. Land use within the
protection area, the presence of native streamside vegetation, the level of change from its natural
state, water quality and water use all affect stream health.
The component of river health within the scope of the stream flow management plans is the flow
regime. While Stream flow management plans recognise other issues and make recommendations
where relevant and necessary they do not specifically deal with these other issues.
The flow regime is the range of flows that occur within the waterway over all seasons. The flow
components may include high flows such as floods, very low flows and zero flow events and
medium freshening flows that follow periods of dry weather. All components of the flow regime are
important to stream health, with local flora and fauna having adapted to and become reliant on
particular flow components.
Instream habitat values along the Plenty River and its tributaries vary markedly. The Plenty River
Gorge provides high value habitat for aquatic flora and fauna. A number of deep pools which are
significant for fish species such as the river blackfish occur in this reach of the stream. Intact
streamside vegetation and the presence of rocks and boulders also add to the habitat values.
Around Mernda and Whittlesea the Plenty River is largely devoid of native streamside vegetation.
Willow trees choke the stream in some sections, while abundant growth of Cumbungi and the
Common reed occurs in other sections where lack of flow and excessive light penetration provide
ideal conditions for growth of these plants.
With the aid of Melbourne Water a number of landholders are actively rehabilitating sections of the
streamside through the Stream Frontage Program. Willow removal and the replanting of
indigenous vegetation will help to increase environmental values in the middle reaches of the river
system.
The upper sections of the tributary streams around Toorourrong Reservoir contain some areas of
intact vegetation, which are significant for flora and fauna. In the lowest sections of the River
through Greensborough, urban stormwater runoff and other associated impacts of urban
development have reduced water quality over time, but may have aided stream flow.
Better Bays and Waterways: A water quality improvement plan for Port Phillip
Bay and Western Port, Melbourne Water & EPA, 2009
Waterway bed and bank erosion and aquatic and riparian weed infestations threaten rural water
quality in many of the region’s waterways. These problems are exacerbated by farm practices such
as allowing uncontrolled stock access to riparian zones and waterways. Agricultural Best
Management Practices such as riparian buffers are typically the most cost-effective means of
achieving sediment load reductions into Port Phillip Bay.
A risk assessment conducted to inform of the development of Better Bays and Waterways
considered the environmental, economic and social values of waterways, and sources of threats to
those waterways, and provided a broad picture of water quality issues for the Port Phillip and
Western Port region. Two high-risk threats across the rural districts were found to be:

Perennial horticulture/non-irrigated pasture runoff.

Uncontrolled stock access to streams associated with non-irrigated pasture.
Uncontrolled stock access to waterways presents a high risk to values over the majority of the rural
districts where dryland grazing occurs. Stock access to riparian zones and waterways leads to
riparian vegetation loss, increased sediment and nutrient inputs through damage to streambed and
banks, runoff from adjacent paddocks and animal tracks, and the direct input into waterways of
pathogens and nutrients via faeces and urine
While incentives and on-farm assistance are very effective tools, in some instances regulation is
required in order to bring about effective change. Specific areas to address include:

Stock access to riparian zones and waterways.

Protecting natural values.

Wastewater reuse best practice.
Securing Our Natural Future: A white paper for land and biodiversity at a time
of climate change, DSE, 2009
Goal: To restore the ecological processes and resilience that underpin the health of Victoria’s land,
water and biodiversity.
Outcome 6.3 – Rivers, wetlands and estuaries are managed so they continue to provide
ecosystem services.
Many of Victoria’s rivers, wetlands and estuaries are in moderate or poor condition and many of
the native plants and animals that depend on them are threatened. In the context of climate
change, rivers, wetlands and estuaries will play a central role in providing habitat refugia and
connectivity.
Rivers, wetlands and estuaries are a central focus for biolinks. They provide diverse interlinked
habitats, environmental water flows, stepping stones of riparian and floodplain vegetation and a
system of drought and climate change refugia.
Outcome 6.4 – Riparian lands protect waterways and increase productivity, connectivity and
amenity.
Action 6.4.2: reform administrative and legislative arrangements to enable enhanced riparian land
management by 2014.
Riparian areas often contain a diversity of plants and animals and therefore have an important role
in linking habitats, providing a strong foundation for biolinks. Well-managed riparian land provides
ecosystem services such as pollutant filtration and sediment and nutrient trapping that gives us
good water quality and public health benefits. The community is increasingly valuing these
important services and demanding better protection of riparian land.
A Cleaner Yarra River and Port Phillip Bay: A Plan of Action, DSE, 2012
Water quality in the Yarra River is affected as it travels downstream through the rural and periurban areas as a result of:

nutrient and chemicals in runoff arising from over application of fertiliser or other agricultural
chemicals

erosion and increased sediment loads due to reduced ground cover, exposed farm tracks and
stock access to waterways

loss of in-stream and riparian habitat
Index of Stream Condition, The Third Benchmark of Victorian River Condition,
DEPI, 2013
The results of this third ISC benchmarking exercise from 1999-2010 noted that 57% of stream
length in the Yarra River catchment is rated poor to very poor and there had been no change to the
Yarra basin average rating of poor. All waterway lengths in Nillumbik were rated poor or below
except for the headwater streams within Kinglake National Park. Scores were attributed to poor
vegetation width, continuity, structure and overhang. In Nillumbik Shire the ratings were:

Yarra River (Warrandyte)
Moderate

Plenty River
Very Poor

Running Creek
Moderate

Arthurs Creek
Poor

Diamond Creek
Very Poor
Victorian Waterway Management Strategy, DEPI, 2013
Local government has an important role in regulating land use and development activities that may
affect waterways through administering planning schemes. Connectivity between a river, its
floodplain and wetlands can be disrupted by development on the floodplain. Zoning and overlay
instruments in local government planning schemes assist in preventing further loss of connectivity
between the river, its floodplain and the wetlands. The Environmental Significance Overlay is a
planning instrument that can be tailored to protect specific environmental values of wetlands and
floodplain habitat in local planning schemes.
Stormwater is more recently being considered a valuable resource that can provide a range of
benefits to towns, cities and communities. Future arrangements for planning and managing urban
stormwater and its interactions with the built environment and impact on urban waterways will have
to be adapted to reflect this.
Local government responsibilities:

Consider waterway management objectives in the statutory planning processes and
maintenance of stormwater drainage systems.

Develop municipal stormwater management plans (or contribute to Integrated Water Cycle
Plans) that consider land use change and land management practices under local Planning
Schemes.

Ensure that subdivision designs comply with the Water Sensitive Urban Design requirements of
the planning scheme and industry guidelines for best practice management.

Undertake actions to improve stormwater quality.

Manage public lands for water quality benefits.

Manage septic tanks (including preparation and implementation of Domestic Wastewater
Management Plans) and stormwater drainage services for water quality benefits.

Facilitate the implementation of regional land use planning measures to improve water quality.
Healthy Waterways Strategy, Melbourne Water, 2013
The Healthy Waterways Strategy identifies priority areas for rural and urban stormwater
management activities to protect and improve key waterway values and actions necessary for
long-term ecosystem health improvement outcomes. The strategy notes the waterways within the
Middle Yarra system are highly valued especially the Yarra main stem and tributaries, which have
areas of natural beauty, support many recreational activities and habitat for important animal
species such as platypus. The Shire of Nillumbik is within the middle Yarra system which has the
following strategic priorities over the next 20 years:

Improving habitat in waterways for fish, frogs and platypus through revegetation and weed
control, especially willows.

Improving water flows by implementing environmental flows for fish, frogs and platypus.

Investigating and providing fish passage throughout the system.

Improving water quality and reducing the impacts of stormwater on waterways for fish,
platypus, frogs and macroinvertebrates.

Linking floodplains to waterways to improve connectivity for frogs.

Revegetating and stabilising rural reaches for macroinvertebrates which will also improve
vegetation condition.

Improving water quality and flows for macroinvertebrates and fish by renewing existing urban
drainage systems over the long term and implementing stormwater treatment in new urban
developments.

Improving water quality for macroinvertebrates and fish in rural areas by managing streamside
vegetation.

Revegetating streamside areas for vegetation, amenity and birds – particularly through linking
high quality habitat.
The expected outcomes for key values are:
The platypus population at Diamond Creek has increased in response to successful stream
restoration works such as removing willows, stabilising the stream banks and replanting
streamside vegetation. Continued works on flows and habitat aim to stabilise platypus condition
and allow for improvements in the long term.
Extensive vegetation clearing has occurred, which is reflected in the low condition of bird
populations. These populations appear to be stable from the 1990s. Works focusing on linking
habitat and revegetating streamside areas are aimed at improving this condition over the long term
to moderate
A significant decline in the condition of vegetation has occurred over the past 100 years due to
extensive clearing for rural and urban development. The quality of vegetation is rated moderate to
low. Works aim to continue to improve vegetation condition from moderate to high over the next 20
years.
Many areas provide high amenity through intact streamside vegetation, natural waterway features
and parkland where relaxation can occur, but the average score is low. Continued work on linking
vegetated areas will improve the amenity.
Stormwater Strategy, Melbourne Water, 2013
Good planning is essential to establish an integrated approach to water management. Effective
policy and regulation for urban development and agricultural practices are crucial to improve the
health of waterways and bays. The combination of these elements is necessary for stormwater
management to achieve other multiple community outcomes, including wellbeing and amenity,
public safety and alternative water supply. The Port Phillip and Westernport region is evolving with
agricultural intensification, urban growth and increasing population density. Planning for integrated
and sustainable land use in urban and rural areas is critical to ensure the region remains highly
liveable and resilient to climate change.
5.1
Partnerships and support
Our aim in developing partnerships and support is to achieve improved stormwater management
outcomes.

Melbourne Water will work with local government on improved planning, design, delivery,
management and maintenance of stormwater assets, and developing municipal strategies to
increase the integration of green infrastructure and achieve multiple benefits.
6.1.2
Supporting agricultural communities to address farm runoff
Managing stormwater from agricultural and rural properties is an important part of protecting
waterways and bays in the Port Phillip and Westernport region. Improved management of runoff
reduces transport of nutrients and sediment to waterways, and also provides other benefits, such
as reducing nuisance flooding, improving pasture quality, stock health and water efficiency. Runoff
can be treated effectively through works such as sediment traps, wetlands, filter beds, swales and
drains to reduce volume and velocity, and vegetation buffers along waterways.

Melbourne Water will investigate partnership opportunities with Landcare groups, state
agencies, peak rural industry organisations and local government to establish programs for
engaging rural landholders and increasing adoption of practices for improved management of
runoff.
6.1.3
Supporting local government to manage stormwater with on-ground works
Working with local government is essential to achieving street-scale and large-scale outcomes for
stormwater management. Local government manages stormwater using on-ground works featuring
street-scale water sensitive urban design, such as rain gardens, through to large-scale systems
such as stormwater harvesting. These works can be undertaken through gradual improvement of
urban areas during programmed capital and renewal works, new and infill urban development, and
in specific stormwater management projects.

Melbourne Water will support local government in variety of ways, including helping to develop
well planned, designed, constructed and maintained on-ground stormwater management
assets and infrastructure, and co-investing in projects that deliver multiple community
outcomes.
8.1.3
Use of alternative controls to protect waterways and bays
With Melbourne Water’s support, several local councils are using amendments to planning
schemes to implement new integrated water management planning controls and apply relevant
planning overlays for these land uses. These amendments establish water quality targets for all
industrial and commercial developments. There is also potential to amend local planning schemes
to promote and facilitate sustainable land and water management in rural areas to improve
protection of receiving waterways.

Melbourne Water will work with key partners to identify and implement alternative ways to
improve stormwater management outcomes, such as the use of planning overlays for priority
areas.
8.2.1 Review policy and regulation and support development of improved stormwater
management standards
Current stormwater management standards do not fully protect waterways and bays from
stormwater impacts and do not embrace other potential beneficial outcomes. Development of new
policy, regulation and guidelines will ensure protection of waterway and bay health and integration
of additional potential benefits of improved stormwater management.

Melbourne Water will work with agencies such as EPA Victoria, DELWP, water authorities and
local government, to implement new policies and regulations to protect waterways and bays
and the values they support.
8.2.2 Capacity building and support
New policies and regulations will be successful only if the development industry and local and state
authorities have adequate capacity and confidence to adopt and implement them Melbourne Water
will:

Support key stakeholders to implement new policies and regulations relating to stormwater
management;

Partner with rural industry stakeholders or organisations and local government in rural areas to
improve management of runoff from rural land.
Waterway corridors; Guidelines for greenfield development areas within the
Port Phillip and Western Port region, Melbourne Water, 2013
The Melbourne Water Waterway Corridor Guidelines specify a range of corridor widths for existing
waterways in the Port Phillip and Westernport Region in Greenfield development areas. These
guidelines recommend riparian buffers in accordance with the Strahler stream order. This provides
increasing buffer widths as the stream order increases; 1st and 2nd order streams have a
minimum 20m setback, 3rd order streams have a minimum 30m setback and 4th order and
greater streams have a minimum 50m setback width, applied to both banks and measured from
top of bank, dependent on the size of the waterway.
Regional Catchment Strategy, PPWP CMA, 2014
For waterways and wetlands, the objective is to maintain and enhance the environmental values of
waterways as indicated by the health and resilience of fish, frogs, platypus, birds,
macroinvertebrates, vegetation and amenity. The priorities are to:

Protect and improve riparian vegetation crucial to the environmental and social values of
waterways.

Maintain and, where possible, improve the diversity and populations of native species in the
region’s waterways, wetlands and estuaries.

Improve water quality in waterways, wetlands and estuaries and protect the quality of receiving
waters in Port Phillip Bay and Western Port.

Protect and improve the features of waterways enjoyed for their aesthetic, landscape and
cultural values and for active and passive recreation.
Middle Yarra River Corridor Study: Draft Recommendations Report, 2014
The Middle Yarra River Draft Recommendations Report recommends:

New design controls for riverside properties, setting mandatory height limits of between eight
and 12 meters, and mandatory setbacks of between 30 to 100 meters from the Yarra.

Strengthening existing environmental controls across council boundaries that focus on
protecting the Yarra’s natural landscape values.

Increasing minimum lot sizes, particularly in the rural and lower density areas of the River and
applying the Neighborhood Residential Zone along the inner urban stretch of the river.
Plan Melbourne, DTPLI, 2014
Direction 3.4: Improve Local Travel Options To Increase Social And Economic Participation
Initiative 3.4.1 – Make Neighbourhoods Pedestrian-Friendly

Plan for new walking and cycling bridge crossings for major roads, freeways, railways and
waterways.
Direction 4.2: Protect Melbourne And Its Suburbs From Inappropriate Development
Initiative 4.2.4 - Protect Waterways From Inappropriate Development
Port Phillip Bay, Yarra River, Maribyrnong River and other significant rivers and streams are
important assets to the state and are highly valued by the community in a number of ways. There
is a need to balance the tourism, recreational and cultural values of Melbourne’s foreshore and
waterways with development opportunities. It is also important that we protect our waterways from
inappropriate development. The government has recently brought forward new, mandatory controls
to protect the banks of the Yarra and Maribyrnong rivers, our city’s two iconic waterways. These
controls should be offered to local governments and waterway authorities to protect other iconic
waterways and coasts across Melbourne, including Port Phillip Bay.

In partnership with local governments, stakeholders and water authorities, work toward the
protection of Melbourne’s waterways from inappropriate development through the use of
mandatory controls similar to those in place for the Yarra and Maribyrnong rivers.
Direction 5.2: Protect And Restore Natural Habitats In Urban And Non-Urban Areas
Initiative 5.2.1 - Increase The Protection And Restoration Of Biodiversity Areas, and
Initiative 5.2.2 - Protect The Values Of Our Waterways
The health of Melbourne’s 8,400 kilometres of waterways and our bays, and the biodiversity and
ecosystems that rely on them, are crucial to our liveability and environment. Increasing
urbanisation poses a significant threat to the environmental condition of waterways and hence to
key waterways values such as the presence and health of platypus, fish, frogs, birds, invertebrates
and vegetation.

Prepare and implement new stormwater requirements to ensure that stormwater in new
developments is managed in a cost-effective manner that protects the health and amenity of
downstream waterways and our bays.
Direction 5.6: Protect Our Significant Water And Sewerage Assets
Initiative 5.6.2 - Protect Our Open Space Waterway Corridors From Inappropriate Development
There are some 7,000 kilometres of waterways in metropolitan Melbourne, and they form an
essential component of our city’s open-space network. They provide a sense of place and
important habitat for maintaining biodiversity. The government has introduced significantly stronger
planning protections for Melbourne’s two main river corridors, the Yarra and Maribyrnong rivers.
These include mandatory height controls; controls in relation to site coverage, vegetation removal
and drainage requirements; and discouraging development that intrudes on existing public and
private open space adjacent to the rivers. This approach to protecting rivers from inappropriate
development will be extended to other rivers in Melbourne.

In partnership with local governments and stakeholders, prepare and implement planning
provisions for major metropolitan waterway corridors, consistent with the approaches adopted
for the Yarra and Maribyrnong rivers.
Strategic Framework – Local Government
Nillumbik Environment Strategy, 2001
In Nillumbik the major waterways form important riparian habitat corridors of significant
conservation and recreational value. Unfortunately, the health of many waterways in the Shire is
declining due to a range of factors including inappropriate land management practices, vegetation
clearance, litter pollution, sewage effluent, low flow rates and urban expansion.
Goal:
To Protect and Enhance our Catchments and Manage Water Responsibly.
Objectives:
1. To improve the quality of water within catchments and achieve environmental flows.
2. To protect and enhance aquatic and riparian habitats through rehabilitation and improving the
quality of stormwater runoff.
3. To promote the practice of water conservation.
4. To incorporate the principles of Water Sensitive Urban Design into new developments.
This has since been replaced by the Environment Charter 2012.
Open Space Strategy, 2005
The Shire of Nillumbik is very fortunate to have retained large areas of native vegetation occurring
on both private and public land which protects the biodiversity of the Shire. The open space
network, especially along waterways, plays a key role in protecting rare and threatened flora, fauna
and vegetation communities.
The open space network of formal and informal parks and reserves, sporting fields, conservation
areas, waterways and trails is an integral component of why people choose to live in or visit the
Shire of Nillumbik. Open space plays a major role in the sustainability of the Shire by protecting the
environment and improving the overall quality of life for residents. It provides opportunities for
people to relax, exercise, socialise and enjoy nature and it also assists in promoting the Shire as a
tourist destination.
The Shire’s waterways and corridors are an integral component of Nillumbik’s open space system
and also provide key habitat links for native flora and fauna and offer unique landscape settings.
Well-managed open space areas can play a large part in protecting the health of creeks, rivers and
wetlands and can be natural corridors for wildlife. Open spaces along our waterways are also ideal
places for low-impact activities such as cycling and walking.
Providing adequate parkland along waterways provides an important function in protecting
environmental qualities of the waterways and creating important habitat links. Acquiring and
rehabilitating land along key waterways should be a priority for future development of Nillumbik’s
open space network. It is important to ensure land use and development does not adversely
impact on the environmental values of adjoining the open space.
Vision

Nillumbik will provide a diversity of open space with a range of high quality regional, district and
neighbourhood parks linked by a network of trails.

Nillumbik’s open space network will be easily accessible and provide all residents and visitors
with a range of passive and active recreation opportunities.
Guiding Principles:

Protect areas of significant environmental value including remnant vegetation, habitat,
waterways, cultural heritage and areas of landscape significance.
Recommendation 67: As funds become available the following sites should be investigated for
acquisition into the open space system.

Land along the Diamond Creek to extend and continue regional open space along the
Diamond Creek from Diamond Creek to Hurstbridge and to accommodate the Diamond Creek
to Hurstbridge Trail.

Land along key waterways of the Yarra River, Plenty River and Diamond Creek.
Environmental Significance Overlay (ESO1) Review, Stage 2, 2008
In 2006, Ecology Australia was commissioned by Nillumbik Shire Council to undertake a review of
the application of the Environmental Significance Overlay (Schedule 1) (ESO1) to land in the
Township Zone, Low Density Residential Zone and selected sites within the Residential One Zone.
The report recommended that conservation objectives may be better met by developing a planning
control tailored to protect streamside environs to better account for the matrix of riverine features
and their variable condition – floodplains, billabongs, escarpments and riparian corridors.
Green Wedge Management Plan 2010-2025
Environmental objectives and strategies include:
Objectives:
1. Protect and enhance remnant vegetation.
2. Protect and enhance sites of faunal and habitat significance and strategic habitat links.
3. Protect and enhance catchments and manage water responsibly.
4. Achieve sustainable land management.
5. Conserve the landscapes of the Green Wedge for aesthetic, environmental and cultural values.
Strategies:
1. Identify and manage biodiversity at a landscape scale for conservation.
2. Support the participation of rural landholders and communities in conserving biodiversity.
3. Discourage further rural residential development of undersized allotments in the Green Wedge.
4. Pursue the protection and restoration of significant sites and wildlife corridors.
5. Ensure land use and development is addressed in the context of its potential effect on the
wider catchment.
6. Conserve biodiversity through implementing sustainable land use planning and encouraging
sustainable land management.
7. Minimise the impact of pest plants and animals.
8. Identify, document and protect the character of the diverse landscapes of the Nillumbik Green
Wedge.
9. Adopt best practice on a local basis to address climate change.
Nillumbik Environment Charter, 2012
We are committed to:
1. Protecting and improving Nillumbik’s biodiversity and productivity
Council will be proactive in caring for waterways, improving soils, pest plant and animal control,
reserve management, roadside management, biodiversity conservation, land management and
Green Wedge management.
2. Improving the sustainability of the built form
Council will actively utilise and promote sustainable building design, products and techniques,
responsible use of materials, energy conservation, retro-fitting, renewable energy and sustainable
water management.
3. Reducing our daily environmental impact
Council is committed to reducing its carbon footprint through a reduction in waste, improved
transport, greener purchasing and sustainable use of natural resources.
4. Adapting to the environmental impacts of climate change
Council will better prepare for prolonged drought periods, intense rainfall periods and heatwave
conditions.
5. Educating and inspiring
Council will work with staff, community and business through integrated, thematic and life-long
learning to encourage and facilitate more sustainable environmental outcomes.
Nillumbik Biodiversity Strategy, 2012
This strategy notes altered water quality and flows is a threat to biodiversity and includes the
following actions:

To encourage private landholders to fence off remnant vegetation and waterway access in
grazing areas.

Support the implementation of landscape-scale biolink projects such as the Kinglake to
Warrandyte Habitat Corridor Project, Panton Hill Reserve system and a habitat corridor along
Diamond Creek.
Nillumbik’s Integrated Water Management Strategy, 2012
Nillumbik supports many significant environmental assets, including the mid-reaches of the Yarra
River and Plenty River, Diamond Creek and Watsons Creek. Fundamental to protecting the
ecological health of receiving waters and enhancing social/amenity values of waterways, is the
need to consider flow management and water quality management within catchments.
Today the impacts of urban planning and water resource management on our environment are
widely acknowledged. The need to plan and respond to unforeseen changes is becoming more
evident as Council faces the issues of climate change and rapidly growing urban populations.
The major waterways in Nillumbik form important riparian habitat corridors of significant
conservation and recreational value. The water quality in all of the waterways in this area is
impacted by runoff from adjacent land uses and in some sections, the discharge of sewage effluent
from septic tanks.
The Index of River Condition (IRC) provides an integrated measure of waterway health and
provides scores based on the following components:

Hydrology

Physical form

Streamside zone

Water quality

Aquatic life
This assessment found the overall health range from good and excellent for the upper tributaries of
Arthurs Creek and Diamond Creek, through to moderate for most other waterways including
Diamond Creek and Watsons Creek, to poor for the reaches of the Yarra and Plenty Rivers that
pass through the Shire. The primary reason for the relatively good health of many of the waterways
is the relatively low levels of urban development within the catchments and consequently low
directly connected imperviousness
Appendix C of the strategy provides a summary of the Index of River Condition (IRC) assessment
for each waterway which shows that the streamside zone is often the main contributor to the low
river heath ratings.
Council Plan 2013-2017
Strategies for ‘Our Natural Environment’ include:

We will work to protect the Shire’s biodiversity and ensure that ecosystems are healthy,
resilient, productive and connected across the landscape.

We will provide leadership and opportunities for our community to participate in the
conservation of natural resources through best practice land management.

We will increase our stormwater harvesting and storage capacity to reduce reliance on drinking
water and contribute to improved water quality in our waterways.
Legislative Framework - Commonwealth
Environment Protection and Biodiversity Conservation Act 1999
The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 is the overarching
legislation for the protection of native species and enhancement of their natural habitat including
the waterways and the species that they support. They provide the enforcement mechanisms for
environmental controls in Victoria, including the discharge of waste, including sediment, into water.
Legislative Framework - State
Flora and Fauna Guarantee Act 1988
The following processes related to waterway management have been listed as potentially
threatening processes in accordance with Section 10 of the Flora and Fauna Guarantee Act 1988:

Degradation of native riparian vegetation along Victorian rivers and streams
Action Statement long term objectives:
1. To establish and protect continuous corridors of native riparian vegetation, of suitable width,
structure and composition to ensure maintenance of ecological processes, along all Victorian
rivers and streams;
2. To reverse a decline in the conservation status of individual species or ecological communities
that are at risk from changes to riparian vegetation along Victorian rivers and streams.

Increase in sediment input to rivers and streams due to human activities

Alteration to the natural temperature regimes of rivers and streams

Alteration to the natural flow regimes of rivers and streams

Removal of woody debris from Victorian rivers and streams
Wildlife Act 1975
The Wildlife Act 1975 provides for the protection and conservation of wildlife. It aims to prevent
species becoming extinct and provides for the sustainable use of and access to wildlife. In addition,
it provides for the establishment and management of state wildlife and nature reserves.
Water Act 1989
Under the Water Act 1989, the definition of a waterway is:
a. a river, creek, stream or watercourse; or
b. a natural channel in which water regularly flows, whether or not the flow is continuous; or
c. a channel formed wholly or partly by the alteration or relocation of a waterway as described
in paragraph (a) or (b); or
d. a lake, lagoon, swamp or marsh
e. land on which, as a result of works constructed on a waterway as described in paragraph
(a), (b) or (c), water collects regularly, whether or not the collection is continuous
f.
land which is regularly covered by water from a waterway as described in paragraph (a),
(b), (c), (d) or (e) but does not include any artificial channel such a waterway; or
g. if any land described in paragraph (f) forms part of a slope rising from the waterway to a
definite lip, the land up to that lip
State Environment Protection Policy (Waters of Victoria)
State Environment Protection Policy (Waters of Victoria) and its schedules provide the statutory
policy basis, benchmark objectives and targets for improving water quality, and nutrient, sediment
and toxicant loads that drive improved stormwater management.
A goal of the SEPP is to achieve a net gain in the extent and quality of aquatic, riparian and coastal
vegetation. The protection and rehabilitation of Victoria’s aquatic, riparian and coastal vegetation
will have significant benefits for the State including the reduction of sediments and pollutants
entering our waterways, increased habitat for birds and animals and improved aesthetic values for
all Victorians. Improved aesthetics should ensure that Victoria’s surface waters are places where
people want to live and visit, which has benefits for the sustainable development of Victoria’s
recreation and tourism industries.
To achieve this, relevant protection agencies including municipal councils, need to work with
communities to minimise the removal of, and rehabilitate, native vegetation within or adjacent to
surface waters. The proposed waterway ESO will assist in achieving this SEPP goal.
State Environment Protection Policy (Waters of Victoria) - Schedule F7
Waters of the Yarra Catchment
14. Stabilisation of waterways and protection of habitat
Protection agencies (including councils) and occupiers of premises adjacent to waterways must
ensure that waterways and riparian zones are managed to protect beneficial uses, and in particular
that 1. programs are developed and implemented to stabilise and rehabilitate degraded waterways
which are posing a threat to beneficial uses;
2. waterway revegetation programs include measures to restore indigenous riparian vegetation
communities;
3. remnant indigenous vegetation beside waterways is maintained and protected;
4. adverse impacts of land use activities on waterways, in particular stock access to streams, land
disturbance practices and the application of biocides and fertiliser, are minimised;
5. new in-stream structures or works affecting waterways, including existing structures undergoing
refurbishment, are designed, constructed and managed to provide for the passage of
indigenous fish.
22. Run-off from urban land, built-up areas and main roads
Protection agencies responsible for drainage and waterway management, in conjunction with
planning authorities (including local government), must ensure that urban stormwater run-off is
managed to protect beneficial uses, and in particular that 1. new urban development and drainage systems are designed, constructed and maintained in
accordance with current best practice or with any relevant best practice environmental
management guidelines adopted by the Authority;
2. existing drainage systems are managed and maintained in accordance with current best
practice or with any relevant best practice environmental management guidelines adopted by
the Authority, and in particular that a. sources of pollution and opportunities for minimising the generation and transport of
stormwater pollutants at, or near to, source are identified and addressed;
b. opportunities for installing stormwater treatment measures, including water quality, litter
control and flow improvement measures, as part of asset maintenance and replacement
programs, are identified and exploited;
c. the environmental performance of the drainage system is progressively improved, with
priority given to those areas which most adversely affect, or have the potential to most
adversely affect beneficial uses; and
d. the volume, timing and velocity of stormwater entering waterways is managed to minimise
adverse impacts on waterway stability, flow regimes and in-stream and riparian habitat.
Part III - Beneficial Uses To Be Protected
State environment protection policy provides a framework for maintaining environmental quality
sufficient for the protection of existing and anticipated beneficial uses of the environment. The
beneficial uses to be protected are:

Maintenance of natural aquatic ecosystems and associated wildlife, which includes the
maintenance of stable and healthy animal and plant communities within the aquatic
environment, as well as the terrestrial and arboreal life which depend upon these ecosystems.

Maintenance of indigenous riparian vegetation ensuring that the contribution made by
indigenous vegetation to the health of aquatic ecosystems and the environmental health of
waterways, is explicitly protected. Protection of this beneficial use in the Urban Waterways
segment will encourage improvements in the quality of riparian vegetation across the urban
area.
Planning Framework
State Planning Policy Framework
The Amendment is consistent with State Planning Policy Frameworks of the Nillumbik Planning
Scheme and supports relevant objectives and strategies as included below:
11.04-5 Environment and water
Objective
To protect natural assets and better plan our water, energy and waste management systems to
create a sustainable city.
Strategies

Protect and restore natural habitats in urban and non-urban areas.

Integrate whole of water cycle management to deliver sustainable and resilient urban
development

Protect significant water and sewerage assets.
11.04-7 Green wedges
Objective
To protect the green wedges of Metropolitan Melbourne from inappropriate development
Strategies

Ensure strategic planning and land management of each green wedge area to promote and
encourage its key features and related values.

Protect areas of environmental, landscape and scenic value
11.04-8 Open space network in Metropolitan Melbourne
Objective
To create a network of metropolitan open space by creating new parks.
Strategies

Ensure major open space corridors are protected and enhanced.

Provide long term planning protection to meet demand for future open space along the Plenty
Gorge parklands, Yarra Valley parklands, Cardinia Creek parklands, Heatherton/Dingley
‘Sandbelt’ parklands and Dandenong Valley parklands.

Ensuring development does not compromise the Yarra River and Maribyrnong River corridors
and other waterways as significant open space, recreation, aesthetic, conservation and tourism
assets.
11.04-9 River corridors
Objective
To protect and enhance the significant river corridors of Metropolitan Melbourne.
Strategies

Ensure strategic planning and land management of the Yarra River and Maribyrnong River
corridors to protect their environmental and cultural values and landscape character and guide
new development.

Ensure development responds to and respects the significant environmental, conservation,
cultural, aesthetic, open space, recreation and tourism assets of the Yarra River and
Maribyrnong River corridors.

Ensure new development is sensitively designed and sited to maintain and enhance
environmental assets, significant views and the landscape along the Yarra River and
Maribyrnong River corridors.
Clause 12 Environmental and Landscape Values
Planning should help to protect the health of ecological systems and the biodiversity they support
(including ecosystems, habitats, species and genetic diversity) and conserve areas with identified
environmental and landscape values.
12.01-1 Protection of biodiversity
Objective
To assist the protection and conservation of Victoria’s biodiversity, including important habitat for
Victoria’s flora and fauna and other strategically valuable biodiversity sites.
Strategies
Ensure strategic planning:

Avoids and minimises significant impacts, including cumulative impacts, of land use and
development on Victoria’s biodiversity

Assists in the protection and management of sites containing high value biodiversity.

Assists in the re-establishment of links between isolated habitat remnants that contain high
value biodiversity.
Clause 14 Natural Resource Management
Planning is to assist in the conservation and wise use of natural resources including energy, water,
land, stone and minerals to support both environmental quality and sustainable development.
14.01-2 Sustainable agricultural land use
Objective
To encourage sustainable agricultural land use.
Strategies

Ensure agricultural and productive rural land use activities are managed to maintain the longterm sustainable use and management of existing natural resources.

Encourage sustainable agricultural and associated rural land use and support and assist the
development of innovative approaches to sustainable practices.
14.02-1 Catchment planning and management
Objective
To assist the protection and, where possible, restoration of catchments, waterways, water bodies,
groundwater, and the marine environment.
Strategies

Protect water catchments and water supply facilities to ensure the continued availability of
clean, high-quality drinking water.

Consider the impacts of catchment management on downstream water quality and freshwater,
coastal and marine environments.

Retain natural drainage corridors with vegetated buffer zones at least 30m wide along each
side of a waterway to maintain the natural drainage function, stream habitat and wildlife
corridors and landscape values, to minimise erosion of stream banks and verges and to reduce
polluted surface runoff from adjacent land uses.

Undertake measures to minimise the quantity and retard the flow of stormwater runoff from
developed areas.

Encourage measures to filter sediment and wastes from stormwater prior to its discharge into
waterways, including the preservation of floodplain or other land for wetlands and retention
basins.

Ensure that works at or near waterways provide for the protection and enhancement of the
environmental qualities of waterways and their instream uses.

Ensure land use and development proposals minimise nutrient contributions to waterways and
water bodies and the potential for the development of algal blooms.

Require the use of appropriate measures to restrict sediment discharges from construction
sites.
14.02-2 Water quality
Objective
To protect water quality.
Strategies

Protect reservoirs, water mains and local storage facilities from potential contamination.

Ensure that land use activities potentially discharging contaminated runoff or wastes to
waterways are sited and managed to minimise such discharges and to protect the quality of
surface water and groundwater resources, rivers, streams, wetlands, estuaries and marine
environments.

Discourage incompatible land use activities in areas subject to flooding, severe soil
degradation, groundwater salinity or geotechnical hazards where the land cannot be
sustainably managed to ensure minimum impact on downstream water quality or flow volumes.
14.02-3 Water conservation
Objective
To ensure that water resources are managed in a sustainable way.
Strategies

Encourage the use of alternative water sources such as rainwater tanks, stormwater and
recycled water by governments, developers and households.

Ensure the development of new urban areas and green spaces takes advantage of any
opportunities for effluent recycling.

Protect areas with potential to recycle water for forestry, agriculture or other uses that can use
treated effluent of an appropriate quality.
Local Planning Policy Framework
The Amendment is consistent with Local Planning Policy Frameworks of the Nillumbik Planning
Scheme and supports relevant objectives and strategies of the Municipal Strategic Statement as
included below:
21.03-3 Environment, Conservation & Landscape
Catchments and Water Quality
The condition of rivers and tributaries in the Shire ranges from excellent in the forested northern
part of the Shire to poor in the urban areas. Decline in water quality is also associated with
unsustainable land management practices, excessive vegetation clearance, unrestricted stock
access to streambanks and low flow rates associated with the proliferation of private dams and
drought.
Land Systems and Land Capability
The majority of the Shire has thin, highly dispersive soils with low fertility that are subject to
erosion. Other common soil limitations include compaction, leaching of nutrients, waterlogging and
the potential for soil salinity. As a result of these various natural constraints, the capability of much
of the Shire for agricultural purposes is average.
Native Flora and Fauna
Much of the Shire remains heavily vegetated, particularly in the non-urban undulating regions and
along the major rivers and creeks. Although conservation publicly owned land plays an important
role in protecting biodiversity including specific vegetation communities, there is also significant
remnant vegetation which occurs on privately owned land. In locations where high environmental
values occur on private land, there is a need to ensure appropriate planning controls apply to
protect the biodiversity values.
Sites of Environmental Significance
Identification, protection and enhancement of the environmentally significant sites and
strengthening of the connecting habitat links will assist the maintenance of biodiversity within the
Shire and surrounding areas. Major environmental features within the Shire are:

Major public reserves including Kinglake National Park, Plenty Gorge Park, Warrandyte State
Park and Panton Hill Bushland Reserve System.

All of the major watercourses (notably Yarra River, Plenty River, Diamond Creek, Arthurs
Creek and Watsons Creek).

Habitat links along the major watercourses.

The strategic habitat link connecting Kinglake National Park to Warrandyte State Park.

The east-west habitat links connecting the Plenty River, Diamond Creek and Yarra River.
Conservation Open Space
The Shire of Nillumbik contains extensive areas of open space for the purposes of conservation.
These areas are mainly connected to the major river and creek systems. In particular Council
manages wetlands and riparian parkland along the Diamond and Watsons Creeks.
Environmental Hazards - Influences
With respect to environmental issues in the Shire of Nillumbik, the following influences must be
considered:

Although comparatively rich in native flora and fauna there are a number of key environment
threatening processes that are occurring within the Shire. Five major threats have been
identified (Beardsell 1997):

Habitat destruction, modification and fragmentation mainly through land clearing and other
processes such as dieback.

Water quality decline as a result of pollution, soil erosion, reduced flow rates and poor
catchment management.

Urban/human disturbance, particularly the impact of residential development, recreational
activities and fire.

Declining range/population of rare or threatened native species caused by habitat loss and
ecosystem imbalances favouring certain species to the detriment of other species.

Introduced species impact - notably weeds, pests and the loss of limited resources such as
hollow logs as a result of direct competition.

The Shire’s waterways are highly important for their environmental, landscape and cultural
significance. Increased awareness of the environmental impacts of stormwater on waterway
values has led to the need to protect waterways from inappropriate stormwater treatments.

Land use and development should reflect the limitations and threats posed by land capability,
risk of fire, flood, stormwater management and the availability of physical services. In regards
to proposed development in flood prone areas all potential detrimental environmental effects
need to be addressed and the importation of fill in an attempt to raise the natural level of the
land would be considered inappropriate. Regional and local catchment strategies that identify
sustainable land management practices and appropriate land uses should be supported.
21.04-2 Nillumbik Shire ‘Council Plan’
The Council Plan goals include:

To enable a better future for Nillumbik residents and encourage healthy, safe and resilient
communities through the provision of quality services.

To preserve and nurture the natural environment of the Green Wedge for future and current
generations through responsible leadership and stewardship.

To provide infrastructure and plan for a built environment which respects and preserves the
unique character of the Green Wedge.
21.04-4 The Framework Plan
This clause identifies future land use directions including:

A nature and landscape conservation focus throughout the Shire, enhancing the natural
features of the rivers and mountains.

A network of strategic habitat links north-south along the waterways (from Kinglake National
Park to Yarra River).

Bushland conservation through the Kinglake Ranges, Yarra Valley Parklands and Plenty Gorge
Park, including substantial areas of public land, and environmental living areas at the Bend of
Islands, Dunmoochin and along the Plenty Gorge fringe.
21.05-2 Rural Land Use
Objective 3
To ensure that any new dwelling built in the non-urban area does not adversely impact on the
primary production activities carried out on the land or on the environmental values of the land.
Strategies

Encourage sites to be used according to land capability, and be managed to avoid or minimise
adverse impacts on the quality and quantity of natural resources, surrounding land and the
catchment.
Objective 5
To protect and enhance rural landscape character.
Strategies

Conserve bushland and encourage revegetation.

Ensure uses, buildings and works in rural and low-density residential areas maintain or
enhance the landscape character of the locality, including views to the site

Encourage the planting of indigenous vegetation and discourage the planting of exotic Species.
21.05-3 Environment, Conservation & Landscape
Objective 1
To protect and enhance sites of environmental significance
Strategies

Protect areas of environmental significance, by restricting land uses and development that may
adversely impact on native flora and fauna.

Establish a shire wide network of strategic habitat links and retain high value conservation land
in public ownership wherever possible.

Incorporate the retention and enhancement of strategic habitat links into subdivision plans and
site management plans where appropriate.

Encourage the retention of vegetated areas of sufficient size that maintains the viability of
faunal populations and vegetation communities and protects biodiversity and other significant
environmental values.

Identify significant nature conservation values and develop actions to ensure their long term
survival.

Protect remnant vegetation by encouraging the use of Trust for Nature Conservation
Covenants on private bush land.

Encourage the protection and enhancement of sites of environmental significance with planting
of indigenous vegetation rather than exotics.

Encourage siting and design of dwellings that avoids the need to remove native vegetation

Protect all wetlands, floodplains and native habitat areas from inappropriate land use,
development and works including dam construction
Objective 2
To ensure land use and development is assessed in the context of its potential effect on the wider
catchment and encourage sustainable land management.
Strategies

Encourage land uses which complement land capability, improve water quality and maintain
environmental flows.

Encourage coordinated environmental management of public and private land.

Protect the natural systems including land, air and water from pollution and detrimental
activities in accordance with relevant State legislation including State Environment Protection
Policies, best practice environmental management guidelines and approved catchment
strategies.

Refer to Melbourne Water’s Diamond Creek and Plenty River Streamflow Management Plans
when responding to permit applications within these catchments.

Protect all waterways within the Shire from disturbance and pollution caused by inappropriate
land use, development and works including dam construction.

Ensure land use and development is consistent with identified land capability and
environmental constraints and is managed to have minimum adverse impact on neighbouring
properties and the catchment.

Protect rural land from subdivision and development that impacts on the ability of the land to
undertake sustainable land management practices.

Where a permit is required for agriculture, seek to apply conditions requiring the protection of
native vegetation (e.g. fencing off remnant vegetation).
Objective 5
To avoid and mitigate the limitations and threats posed by environmental hazards in land use and
development.
Strategies

Ensure that development in areas subject to inundation and flooding is appropriately designed
and managed to minimise risk and to protect the environmental values of the site including
water quality and streamside habitat.

Ensure that development, including vegetation removal, takes into account the potential risk of
soil erosion, stormwater quality, soil expansion and landslip.
Objective 6
To promote resource conservation
Strategies

Encourage retention and planting of indigenous vegetation through planning provision and
environmental initiatives, recognising the role that vegetation plays in reducing greenhouse gas
emissions.
Objective 7
To protect and enhance conservation areas and identify opportunities to create and link areas of
open space in accordance with the Open Space Strategy.
Strategies

Encourage large lot rural land use and rural living opportunities that protect the environmental
and landscape values of major conservation areas such as the Plenty Gorge Park, Kinglake
National Park and the Yarra River Valley.

Strongly encourage the design of subdivisions to incorporate the potential for open space
linkages and the retention of remnant vegetation and drainage lines as parts of open spaces.

Develop and implement site management plans for conservation areas of high environmental
sensitivity owned and managed by Council.

Retain high value conservation land in public ownership.
Undertaking Further Strategic Work

Review the coverage of ESO4 waterways to consider inclusion of additional significant
waterways such as Running Creek and Deep Creek in Arthurs Creek, Pigeon Bank Creek and
Stony Creek in Kangaroo Ground/North Warrandyte.
21.03-5 Infrastructure
Recreation and open space
The open space network, especially along the waterways, has retained large areas of native
vegetation and plays a key role in protecting rare and threatened flora, fauna and vegetation
communities.
21.06 Future Strategic Work & Education
Review Environmental Significance Overlay Schedule 4 (Waterways) to consider inclusion of
additional waterways.
Discussion
Table 2. The current and proposed ESO schedule numbers.
ESO
Current
Proposed
1
Sites Of Faunal And Habitat
Significance
Core Habitat
2
Yarra River Environs
Buffer Habitat
3
Plenty River Environs
Environmentally Significant
Habitat in Township and
Residential Areas
4
Waterways
Waterways
Issues with the current Overlays
The existing ESO4 is outdated and inconsistent with the latest science. With only a 30m buffer
along the five main tributaries of high stream order (5th order and above), the current overlay is
inadequate to meet river health and biodiversity protection objectives. The current lack of
protection of lower order streams (1st to 4th) is also impacting on water quality and river health as
evident in the poor index of stream condition ratings.
It is proposed to combine three existing Environmental Significance Overlays; ESO2 Yarra River,
ESO3 Plenty River and ESO4 Waterways into one new waterways overlay. This will provide a
more streamlined planning scheme and better protect sensitive riparian environments and the
threatened species they contain though a wider ESO application based on stream order as
recommended by Melbourne Water and the latest research.
The existing planning scheme provisions do not contain relevant objectives that highlight the
ecological significance of waterways and riparian vegetation and the need to prevent inappropriate
development.
The existing ESO2 Yarra River will be removed as the objectives and controls are the same, or
similar to, that proposed in the new waterway ESO. Its removal will avoid overlap and reduce
duplication in the Nillumbik planning scheme.
The existing ESO3 Plenty River will be removed as the objectives and controls are the same, or
similar to, that proposed in the new waterway ESO. Its removal will avoid overlap and reduce
duplication in the Nillumbik planning scheme.
The existing ESO4 Waterways objectives mainly relate to hydrology whereas the proposed ESO
will include more biodiversity objectives to better protect the ecological values of the riparian
vegetation.
The proposed Overlay
Melbourne Water advised its support for the proposal in a letter of 19 November 2014:
Melbourne Water would be likely to view favourably and support an Environmental Significance
Overlay (waterways) applied to all waterways in the Nillumbik Shire Council area.
As outlined in this report, buffers on low-order streams and wider buffers than 30m are required for
the following reasons:

To protect Powerful Owl habitat as required under the FFG Action Statement.

To protect nest and roost trees along the Diamond Creek and Yarra Rivers with 100m buffers
as recommended in Large Forest Owl Planning and Management Guidelines.

To protect Dwarf Galaxias habitat as required under the EPBC National Recovery Plan and
FFG Action Statement.

To conserve Platypus habitat as required in the Healthy Waterways Strategy.

To protect Riparian Forest EVC which contains larger trees with hollows.

To improve water quality and Index of Stream Condition ratings.

To moderate stream temperatures.

To provide food and resources for fauna.

To improve in-stream biodiversity.

To maintain and reconnect wildlife corridors.
The proposed Planning Scheme Amendment (PSA) will implement the objectives of the State
Environment Protection Policy (Waters of Victoria) because it aims to achieve improvements to the
waters entering into the Yarra River and Port Phillip Bay.
The Degradation of native riparian vegetation along Victorian rivers and streams Action Statement
refers to the Native Vegetation Framework which no longer applies. The new Biodiversity
Assessment Guidelines is based on large scale, highly inaccurate mapping and provides an as-ofright to clear vegetation across most of the state. Therefore under the current clause 52.17
planning provisions the continued decline in riparian vegetation cover and river health is certain
without further controls.
Clause 21.05-3 Environment, Conservation & Landscape within the MSS provides the strategic
justification for the application of this overlay schedule, especially through the objectives; 1. To
protect and enhance sites of environmental significance, and 2. To ensure land use and
development is assessed in the context of its potential effect on the wider catchment and
encourage sustainable land management. Objective 2 includes a strategy to ‘protect all waterways
within the Shire from disturbance and pollution caused by inappropriate land use, development and
works including dam construction’. Under this clause Undertaking Further Strategic Work includes
to ‘review the coverage of ESO4 waterways to consider inclusion of additional significant
waterways such as Running Creek and Deep Creek in Arthurs Creek, Pigeon Bank Creek and
Stony Creek in Kangaroo Ground/North Warrandyte’. The proposed overlay will address this aim.
The aim of the revised planning controls is to improve clarity and give more specific objectives and
decision guidance, leading to greater certainty about the outcomes of planning decisions. This
should assist both developers and the community, meaning less time and money spent on
development proposals and appeals. Stronger planning controls benefit not only the general
community who enjoy the waterways and adjacent parks, but adjoining residents who may not be
in favour of developments that are out of character with a secluded, leafy riverside environment.
A proposed ESO4 applied to all waterways across Nillumbik Shire (increased from the current 5
major waterways) will provide a trigger for a permit and the role of the ESO4 will be to guide
decision makers as to what activities may or may not be compatible adjacent to a waterway with
enhancement the riparian zone encouraged. These revised buffers will ensure the application of
the ESO4 is more consistently applied and that the strategies for catchment management at
Clause 14.02-1 are more broadly considered and applied.
Recommended changes relate to the construction of buildings and works, and removal of
vegetation. The aim is to ensure protection of waterway environs including:

Protecting trees and other vegetation, including riparian vegetation.

Allowing sufficient space for the planting and growth of canopy trees.

Using colours, materials and building designs that complement the environment.

Maintaining the sense of seclusion the corridor provides to those using the riparian zone.

Ensuring buildings on visible slopes and skylines are subordinate to vegetation and views are
filtered through trees.

Ensuring development is compatible with floodplain management.
The proposed ESO is based on Melbourne Water’s Waterway corridors; Guidelines for greenfield
development areas within the Port Phillip and Western Port region 2013, which recommends
riparian buffers in accordance with the Strahler stream order. This provides increasing buffer
widths as the stream order increases; 1st and 2nd order streams have a minimum 20m setback,
3rd order streams have a minimum 30m setback, and 4th order and greater streams have a
minimum 50m setback on both banks. Surf Coast Shire recently introduced a new waterway ESO
through PSA C85 using this method.
Table 3. The current, proposed and some comparison riparian buffer widths based on stream
order.
Stream order
Nillumbik
Current
ESO4
Nillumbik
Proposed
ESO4
NSW
Planning
Scheme
MW
Greenfield
Corridors
1
x
20m
10m
20m
2
x
20m
20m
20m
3
x
30m
30m
30m
4
x
50m
40m
50m
5 (Arthurs Creek)
30m
50m
40m
50m
6 (Diamond Creek)
30m
50m
40m
50m
7 (Plenty River)
30m
50m
40m
50m
A buffer of 50m on streams 6th order and above, such as Diamond Creek downstream of the
confluence with Arthurs Creek, would provide better protection from urban impacts, improve river
health and provide wildlife habitat. This would better protect the previous extent of Riparian Forest
EVC which extends 100-200m either side of Diamond Creek and contains the large trees with
hollows required by threatened fauna. This would also better protect wetlands and land for future
potential stormwater capture and treatment systems, like that Council constructed in Hurstbridge,
and to meet future open space and recreational trail objectives. However such a significant change
from the current 30m buffer is unlikely to be supported at this stage.
Waterways within the Shire are integral to the environmental systems that support biodiversity.
They provide relatively undisturbed habitat corridors between larger areas of remnant vegetation
and water catchment areas support many of the threatened flora and fauna species in the Shire.
The rehabilitation and protection of riparian habitat in urban and rural areas is of ecological,
economic, aesthetic and recreational benefit, and is an essential priority for Council. These areas
will be protected from inappropriate development by the application of this overlay.
Conclusion
This report demonstrates that there is strong policy support at a local and state government level
for greater protection of waterways. The waterways in Nillumbik form important riparian habitat
corridors of significant conservation and recreational value. Riparian land is vulnerable and is the
‘last line of defence’ for aquatic ecosystems against the impacts of land use elsewhere in the
catchment. The water quality in all of the waterways in this area is impacted by runoff from
adjacent land uses and in some sections, the discharge of sewage effluent from septic tanks. Wellvegetated riparian buffers are essential to filter this runoff to maintain waterway health which, as
measured by the Index of Stream Condition, has improved little since 1999 in Nillumbik.
Riparian zones typically have the best soil quality with higher soil moisture, humidity and nutrient
content then neighbouring land leading to increased plant biomass production. Because of this,
much of the riparian vegetation in Nillumbik has been cleared for agriculture and damaged through
stock access to waterways. However these areas are also the most important for biodiversity due
to their high productivity and variable habitats resulting in increased species diversity. Riparian
zones support terrestrial biodiversity through providing refuge, foraging and breeding habitat and
movement corridors across the landscape. Trees in riparian environments have faster growth rates
and therefore are larger and able to form the hollows required by arboreal wildlife including the
threatened Powerful Owl.
Fortunately, the importance of managing riparian land well is increasingly being recognised, and
protection, rehabilitation and restoration work is being undertaken at local, regional, state and
national levels. Melbourne Water’s Healthy Waterways Strategy notes the challenges for waterway
health in the Middle Yarra system include the impacts of urbanisation and agricultural activity.
Melbourne Water aims to improve river health with targets to increase vegetation condition and
amenity to high in the next 20 years through continued work to link vegetated areas, and to
improve flow and habitat works for platypus along Diamond Creek. Excluding stock from
waterways and riparian land is one of the quickest and easiest ways of improving waterway health.
Healthy waterways and healthy riparian land can lead to healthier stock, healthier farms and a
healthier bottom line. Financial incentives and practical assistance are available to farmers to help
them undertake these works such as Melbourne Water’s Stream Frontage Management Program.
Therefore it is recommended that the existing ESO2, 3 and 4 are combined into a new ESO4
which is applied to all waterways in the Shire with the width of the ESO coverage based on stream
order to improve river health and biodiversity in Nillumbik.