FINAL REPORT: Targeted Survey for the Nationally Significant Growling Grass Frog Litoria raniformis, Ash Road, Leopold, Victoria PREPARED FOR: St Quentin Consulting Pty Ltd December 2011 Ecology and Heritage Partners Pty Ltd HEAD OFFICE: 420 Victoria Street, Brunswick VIC 3056 MELBOURNE: PO Box 298, Brunswick VIC 3056 GEELONG: PO Box 8048, Newtown VIC 3220 Table of Contents Summary ....................................................................................................................5 1 Introduction .....................................................................................................7 1.1 Background .......................................................................................................7 1.2 Scope of Assessment .......................................................................................7 1.3 Study Area ........................................................................................................8 1.4 Growling Grass Frog Litoria raniformis..............................................................8 2 Methods .........................................................................................................11 2.1 Nomenclature ..................................................................................................11 2.1.1 Database / Background Searches...................................................................11 2.2 Targeted Surveys ............................................................................................11 2.2.1 Nocturnal surveys ...........................................................................................11 2.1 Diurnal surveys and habitat assessment .........................................................12 2.3 Assessment Limitations ..................................................................................12 3 Results ...........................................................................................................13 3.1 Previous records .............................................................................................13 3.2 Targeted surveys ............................................................................................13 3.3 Habitat assessment.........................................................................................14 3.2 Habitat description ..........................................................................................15 4 Legislative and Policy Implications .............................................................16 4.1 Legislative and Policy Implications ..................................................................16 4.2 Environment Protection and Biodiversity Conservation Act 1999 ...................16 4.3 Flora and Fauna Guarantee Act 1988 .............................................................17 4.4 Wildlife Act 1975 and Wildlife Regulations 2002 .............................................18 5 Mitigation measures .....................................................................................20 6 Further Recommendations ..........................................................................21 6.1 During Construction ........................................................................................21 6.2 Post Construction ............................................................................................21 7 Conclusion ....................................................................................................22 Plates ........................................................................................................................23 Figures ......................................................................................................................26 Appendices ..............................................................................................................30 References ...............................................................................................................38 2 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Tables Table 1: Summary table of weather conditions during Growling Grass Frog surveys ............ 13 Table 2: Summary results of habitat assessments within the study area. ............................ 14 Table 3. Water Quality/In-situ Horiba results for habitat assessments within the study area. ..................................................................................................................................... 14 Table 4. Threatening processes under the FFG Act potentially applicable to the proposed works. ........................................................................................................................... 17 Figure 1. Location of Study Area, ......................................................................................... 27 Table A1.1. Rare or Threatened categories for listed Victorian taxa. .................................... 31 Table A1.2. Defining Ecological Significance. ....................................................................... 32 Table A1.3. Defining Site Significance. ................................................................................. 34 Table A1.4. Defining Vegetation Condition. .......................................................................... 35 Table A1.5. Defining Habitat Quality. .................................................................................... 36 Table A2.1. Amphibian species recorded during the present surveys and within 10 kilometres of the study area. ......................................................................................... 37 3 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Acknowledgments We thank the following people and government agencies for their contribution to the project. Chris Mason (St Quentin Consulting Pty Ltd) for project and site information. The Department of Sustainability and Environment (DSE) for use of data available on the Atlas of Victorian Wildlife (AVW) and Victorian Biodiversity Atlas (VBA). Cover Photo: View of a large waterbody within the Ash Road study area, Leopold, Victoria (Ecology and Heritage Partners Pty Ltd). The following Ecology and Heritage Partners Pty Ltd employees either undertook the field assessments and/or contributed to the preparation of this report: Andrew Taylor, Aaron Organ, Kim Weston, Mark Stockdale and Robyn Giles. Project #3061 Copyright © Ecology and Heritage Partners Pty Ltd This document is subject to copyright and may only be used for the purposes for which it was commissioned. The use, or copying, of this document in whole or part without the permission of Ecology and Heritage Partners Pty Ltd is an infringement of copyright. Disclaimer Although Ecology and Heritage Partners Pty Ltd have taken all the necessary steps to ensure that an accurate document has been prepared, the company accepts no liability for any damages or loss incurred as a result of reliance placed upon either the report or its content. 4 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria SUMMARY Introduction Ecology and Heritage Partners Pty Ltd was commissioned by St Quentin Consulting Pty Ltd to undertake targeted survey for the nationally significant Growling Grass Frog Litoria raniformis for a proposed residential rezoning and planning application for land located west of Ash Road, Leopold, Victoria. Methods The Atlas of Victorian Wildlife and Victorian Biodiversity Atlas were used to obtain previous records of all frog species in the local area. Nocturnal surveys for L. raniformis were undertaken between 25 and 29 November 2011 in accordance with the Department of Sustainability and Environment’s Biodiversity Precinct Structure Planning Kit. Targeted surveys focused on four waterbodies within the study area and included call identification and active searching for metamorphs. A diurnal survey for L. raniformis and habitat assessment were undertaken on 28 October 2011 to document habitat data including in-situ water quality, the presence of fish and levels of aquatic and semi-aquatic vegetation. The assessments were undertaken in accordance with the Biodiversity Precinct Structure Planning Kit guidelines. Results No Growling Grass Frogs were recorded during diurnal searches or nocturnal surveys within the study area. Four locally common frog species (Spotted Marsh Frog Limnodynastes tasmaniensi, Pobblebonk Frog Limnodynastes dumerilii, Southern Brown Tree Frog Litoria ewingii and Common Froglet Crinia signifera), were heard calling within the study area during both the diurnal and nocturnal surveys. Conclusion Litoria raniformis was not detected within the study area during targeted surveys, despite hearing the species calling and actively foraging at a known reference site approximately 25 kilometres north-west of the study area within Cowies Creek. Based on the result of targeted surveys there is a low to moderate likelihood that L. raniformis currently resides within the study area on a permanent basis for breeding purposes. While Reedy Lake is likely to act as a permanent water source for the species, there is a moderate likelihood that L. raniformis may disperse / use suitable habitat within the study area during favourable environmental conditions (i.e. extended rainfall). 5 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Therefore, an Environment Protection Biodiversity and Conservation Act 1999 referral to the Commonwealth Environment Minister for L.raniformis is unlikely to be required. If the future development requires the direct removal, salvage, temporary holding or translocation of any terrestrial fauna species (including birds, mammals, frogs and reptiles), then an additional ‘Management Authorisation’ may be required under the Wildlife Act 1975. Appropriate mitigation measures should also be considered and implemented to minimise any potential impacts to terrestrial and aquatic values present within the proposed residential development within the study area. 6 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 1 INTRODUCTION 1.1 Background Ecology and Heritage Partners Pty Ltd was commissioned by St Quentin Consulting Pty Ltd (STQC) to undertake a targeted surveys for the nationally significant Growling Grass Frog Litoria raniformis (herein referred to as L. raniformis) for a proposed residential rezoning and planning application for land located west of Ash Road, Leopold, Victoria (Figure 1). The land includes four existing waterbodies that may provide suitable habitat for L. raniformis (Figure 1). The study area is in proximity to one wetland of international significance Port Phillip Bay (Western Shoreline) and Ballerine Peninsula, which is within a 10_kilometre radius of the study area (Ecology Partners Pty Ltd 2011). As the study area contains a drainage line that supplies water to Lake Connewarre, which forms part of the Port Phillip Bay (Western Shoreline) and Bellarine Peninsula RAMSAR site complex, a referral is currently being prepared. An Environment Protection Biodiversity and Conservation Act 1999 (EPBC Act) referral to the Commonwealth Environment Minister is currently being prepared by Ecology and Heritage Partners to outline any potential impacts to Lake Connewarre as part of the proposed development. A detailed stormwater management strategy has been prepared by Peter Berry and Associates Pty Ltd (2011), which outlines the future treatment of stormwater within the proposed development site. As the proposed runoff is likely to be less than pre-development levels and equivalent overall to the rural runoff from the current undeveloped land, it is unlikely that Lake Connewarre will be directly impacted by the development. However, as the stormwater management strategy is likely to directly impact suitable L. raniformis habitat through the removal and/or modification of waterbodies within the study area. Targeted surveys were aimed to quantify the current use of these waterbodies by L. raniformis. Furthermore, the surveys were required to provide advice on any potential impacts associated with the construction of the proposed residential development or implementation of the stormwater management strategy, including advice on appropriate mitigation measures to ensure that this species is not adversely impacted by the works. 1.2 Scope of Assessment Specifically, the objectives of the assessment were to: Review relevant data on the Victorian Biodiversity Atlas (VBA) and Atlas of Victorian Wildlife (AVW), and all available literature in relation to the occurrence of L. raniformis within and adjacent to the study area; Undertake a targeted survey for L. raniformis by two experienced Zoologists. Two nights of spotlighting was conducted for L. raniformis during the species active period (October – December) when the species is known to be calling and when detection is highest; 7 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Determine the current status of the L. raniformis, its distribution and (if possible) population size, the relative importance of habitats, and the overall significance of populations in the study area (if present); Provide information with respect to the implications of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and Flora and Fauna Guarantee Act 1988 (FFG Act) associated with the drainage works in the vicinity of the study area; and, Provide further recommendations and information on mitigation measures that could be adopted or implemented along the proposed drainage line to ensure that populations of significant fauna species persist in the vicinity of the study area in future. 1.3 Study Area The study area is located west of Ash Road, Leopold, Victoria, approximately 12 kilometres south east of Geelong and covers 26 hectares of private land currently used for hobby farms. The study area is bounded by existing residential development on Como Road to the south and Hazelwood Crescent to the north. New areas of residential development are currently being constructed to the west of the study area. Lake Connewarre is located approximately one kilometre south of the study area and contributes to the Port Phillip Bay (Western Shoreline) and Bellarine Peninsula Ramsar site complex. According to the Department of Sustainability and Environment (DSE) Biodiversity Interactive Map (DSE 2011), the study area occurs within the Otway Plain bioregion. The study area also falls within the jurisdiction of the Corangamite Catchment Management Authority and the City of Greater Geelong municipality. The study area is currently zoned Farming Zone (FZ) and is not subject to any environmental overlays (DPCD 2011). 1.4 Growling Grass Frog Litoria raniformis Litoria raniformis has several common names, including Growling Grass Frog, Warty Bell Frog, Southern Bell Frog, Warty Swamp Frog and Green and Golden Frog. Growling Grass Frog is a large green frog (females may exceed 100 millimetres) varying in colour from olive to emerald green (and sometimes dark brown) with a distinctive tympanum (ear membrane). The dorsum (back) is warty with short skin folds, with irregular bronze/ gold or brown coloured blotches (Cogger 1996) (Plate 1). The coarsely granular underside is generally off-white and the posterior of the thighs and groin are turquoise (Barker et al. 1995). Litoria raniformis is listed as Vulnerable under the EPBC Act and Vulnerable in the National Action Plan for Australian Frogs (Tyler 1997). It is also listed as a threatened species under the FFG Act and endangered in the Advisory List for Threatened Vertebrate Fauna in Victoria (DSE 2009). 8 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Plate 1 Growling Grass Frog (Source: Aaron Organ - Ecology and Heritage Partners Pty Ltd). Overall the species is of national conservation significance and a National Recovery Plan identifying key priorities for protection and enhancement of the species has prepared (Clemann and Gillespie 2010). Although formally widely distributed across southern eastern Australia, including Tasmania (Littlejohn 1963; 1982; Hero et al. 1991), the species has declined markedly across much of its former range due to native vegetation clearance, agricultural intensification and grazing, and development of terrestrial and aquatic habitats (DEWHA 2009b). The resulting restriction of opportunities for dispersal, breeding and colonisation of adjacent areas of suitable habitat due to habitat loss, degradation and fragmentation has contributed to the species decline (DEWHA 2009a). This has been most evident over the past two decades and in many areas, particularly in south and central Victoria, populations have experienced apparent declines and local extinctions (Mahoney 1999). This species is largely associated with permanent or semi-permanent still or slow flowing waterbodies (i.e. streams, lagoons, farm dams and old quarry sites) (Hero et al. 1991; Barker et al. 1995; Cogger 1996; Ashworth 1998). Frogs can also utilise temporarily inundated waterbodies for breeding purposes providing they contain water for at least three to four months over the breeding season (DEWHA 2009a). Based on previous investigations, there is a strong correlation between the presence of the species and key habitat attributes at a given waterbody. For example, the species is typically associated with waterbodies supporting extensive cover of emergent, submerged and floating vegetation (Robertson et al. 2002). Emergent vegetation provides basking sites for frogs and protection from predators, while floating vegetation provides suitable calling stages for adult males, and breeding and oviposition (egg deposition) sites. Terrestrial vegetation (grasses, sedges), rocks and other ground debris around wetland perimeters also provide foraging, dispersal and over-wintering sites for frogs (Pyke 2002). Additionally, waterbodies located within 300–500 metres of each other, which support key habitat characteristics, are more likely to support a L. raniformis population, compared to isolated sites lacking important habitat features (Hamer and Organ 2008). 9 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Recent studies indicate that the spatial orientation of waterbodies across the landscape is an important habitat determinant influencing presence of the species at a given site (Robertson et al. 2002; Hamer and Organ 2008; Heard et al. 2010). Litoria raniformis has been observed foraging more than 100 metres from wetland habitat (A. Organ, pers. obs.), highlighting the need for suitable buffers around waterbodies when considering habitat conservation. 10 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 2 METHODS 2.1 Nomenclature The names of terrestrial vertebrate fauna (mammals, birds, reptiles, amphibians) follow the VBA (2010). 2.1.1 Database / Background Searches The following resources and databases were reviewed: The VBA (2010) and AVW (2011) databases for fauna records; Information relating to matters of National Environmental Significance (NES) (listed taxa and ecological communities) protected under the EPBC Act was obtained from the Protected Matters Search Tool (SEWPaC 2011); Planning Schemes Online to ascertain current zoning and environmental overlays (DPCD 2011); Undertake discussions with local community groups (Geelong Field Naturalist Club GFNC) and government authorities (DSE and Parks Victoria) to obtain additional information on L. raniformis throughout the local area; and, Relevant environmental legislation and policies. 2.2 Targeted Surveys The study area was identified as supporting suitable habitat with the potential to support L. raniformis. Targeted surveys were undertaken to investigate with an extant population of the species is present within and/or immediately surrounding the study area to inform any future planning approvals. 2.2.1 Nocturnal surveys Nocturnal surveys for L. raniformis were undertaken on 25 and 29 November 2011 in accordance with the Biodiversity Precinct Structure Planning Kit guidelines (DSE 2010). Targeted surveys focused on four waterbodies within the study area and included call identification and active searching for metamorphs. Weather conditions were appropriate, with day air temperatures exceeding 15°C, and night temperatures greater than 12°C. A known reference site located within a retarding basin adjacent to the City of Greater Geelong Works Operation Centre (Melways: Map 431 F12), was visited to indicate if L. raniformis were active during nocturnal surveys. Nocturnal surveys involved quiet at each waterbody (Figure 2), recordings of the advertisement call of a male L. raniformis were played back several times to elicit a response from any adult males present. 11 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Afterwards, surveyors listened for any response from calling male L. raniformis. On completion of call play-back, surveyors used 30 Watt, 12 volt hand-held spotlights to search for any frogs on the margins or surface of the survey locations and in areas of emergent or floating vegetation. The accessible terrestrial habitat surrounding each waterbody was searched using spotlights and overturning any suitable ground debris. All frog species observed or heard calling were recorded to inform the suitability of the study area for breeding frogs. 2.1 Diurnal surveys and habitat assessment Targeted diurnal surveys were also undertaken in accordance with the Biodiversity Precinct Structure Planning Kit (DSE 2010), across the study area on 28 October 2011. A Zoologist walked throughout areas of potentially habitat within the study area, searching for frogs basking or resting on vegetation in or beside the water, and listening for any frogs entering the water when disturbed. Active searching of vegetation and moveable debris was undertaken looking for any frogs within, or beneath structures. A diurnal habitat assessment was also undertaken on 28 October 2011 to record in situ water quality, the presence of fish and levels of aquatic and semi-aquatic vegetation, in accordance with DSE (2010) guidelines. All in situ water quality data was collected using a calibrated Horiba™ multi-probe and meter for the following parameters: dissolved oxygen, pH, electrical conductivity and temperature. Turbidity was recorded using an ‘A Hach - Portable Turbidimeter (Model 2100P)’. 2.3 Assessment Limitations During the L. raniformis surveys waterbodies were visited on two occasions during optimal climatic conditions (i.e. calm, mild, over 15ºC), during the known active season for the species. Targeted surveys for L. raniformis were undertaken by experienced personnel during the active period (October to February), in accordance with methods recommended by DSE and SEWPaC (Heard et al. 2010; DEWHA 2009a, 2009b; DSE 2010), and was therefore considered appropriate to meet the objectives of this assessment. Overall, the results from targeted surveys, and the authors’ understanding of the current distribution of L. raniformis in the surrounding area is considered sufficient in demonstrating that the study area does not currently support a population of the species. However, as an extant population may reside in proximity to the study area (i.e. Reedy Lake), and L. raniformis individuals may disperse into the study area in the future. A precautionary approach has been taken in the provision of mitigation measures and further recommendations regarding the potential impacts of the proposed development. 12 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 3 RESULTS 3.1 Previous records The VBA (2010) contains nine records of L. raniformis within a 10 kilometre radius of the study area, with the last VBA record occurring within Reedy Lake in 1997 (Figure 3; Appendix 2.1). However, two male L. raniformis were heard calling on 2 October 2011 on the eastern side of Reedy Lake, which is located approximately two kilometres west of the study area (T, Pescott, GFNC, pers. comm.). Given the proximity of these records, an extant population may currently reside in proximity to the study area (i.e. Reedy Lake). Accordingly, there is a moderate likelihood that L. raniformis may disperse and/or use suitable habitat within the study area in the future during favourable environmental conditions (i.e. extended rainfall). No additional L. raniformis records were obtained during discussions with Parks Victoria and DSE. 3.2 Targeted surveys The species is regularly heard calling at a known reference site approximately 25 kilometres north west of the study area within a retarding basin adjacent to the City of Greater Geelong Works Operation Centre (Melways: Map 431 F12). No L. raniformis were recorded during diurnal searches or nocturnal surveys within the study area. Four locally common frog species (Spotted Marsh Frog Limnodynastes tasmaniensi, Pobblebonk Frog Limnodynastes dumerilii, Southern Brown Tree Frog Litoria ewingii and Common Froglet Crinia signifera), were heard calling during both the diurnal and nocturnal surveys (see Appendix 2.1 for approximate abundances). A list of frog species recorded within 10 kilometres of the study area is provided below (Appendix 2.1). Table 1: Summary table of weather conditions during Growling Grass Frog surveys Starting Time (24hr) Air Temperature (oC) Relative Humidity (%) Cloud Cover (Octas) Wind (0-4) Moon (stages) General Conditions 28/10/11 10:00 29 55 4/8 1 N/A Warm, slightly overcast and calm 25/11/11 20.45 22 65 5/8 0-1 New moon Mild, light breeze, overcast 29/11/11 20:45 25 55 1/8 0-1 New moon Warm, light breeze, clear Date Weather conditions during the surveys were suitable for L. raniformis to be active and calling during both the diurnal and nocturnal surveys; where air temperatures exceeded 15oC during the day and 12oC at night (Heard et al. 2010; DEWHA 2009a; 2009b; DSE 2010) (Table 1). 13 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 3.3 Habitat assessment A summary of the habitat assessment for each waterbody within the study area is provided below (Tables 2 and 3). Table 2: Summary results of habitat assessments within the study area. Habitat Assessment Location Waterbody 1 Waterbody 2 Waterbody 3 Waterbody 4 Approx. size of survey area (metres) 15 x 20 25 x 10 20 x 15 50 x 35 Emergent vegetation (%) 5 75 35 5 Submerged vegetation (%) 60 <5 60 5 Open water (%) 95 25 65 95 Floating vegetation (%) 65 90 90 15 Fringing Vegetation (%) 70 100 100 70 Paddocks with pasture grasses used for cattle grazing Paddocks with pasture grasses used for cattle grazing Market gardens / residential / private land Pasture grasses used for sheep grazing Water quality and depth Good (0.2 – 1 metres) Good (0.2 – 0.5 metres) Good (0.2 – 0.5 metres) Good (> 1 metre) Fish present None observed None observed None observed None observed Yes Not visible Yes Yes Pondweed (Potamageton spp.) and Juncus spp. Cumbungi (Typha sp.) and Water Fern (Azolla spp.). Willow (Salix sp.) along banks Typha sp. and Duckweed (Lemna minor) Typha sp. and Juncus spp. Moderate High cover of floating and emergent vegetation. Grazed but refuge available within vegetation and along banks (i.e. rocks / wood) Moderate High cover of floating and emergent vegetation. Grazed by horses refuge available within vegetation and along banks Surrounding habitat (within 30 metres) Frog eggs present Dominant flora species Overall Habitat Quality Moderate - High Grazed up to bank, good cover of floating and submerged vegetation / little fringing vegetation High Large waterbody, clean water with good refuge throughout emergent and fringing vegetation Table 3. Water Quality/In-situ Horiba results for habitat assessments within the study area. Site Temperature (°C) pH Dissolved Oxygen (mg/L) Conductivity (mS/cm) Turbidity (NTU) Wetland 1 22 8.01 13.14 0.21 15 Wetland 2 15 6.20 0.83 0.77 14 Wetland 3 18 5.29 0.35 0.45 14 Wetland 4 19 6.24 3.65 0.35 13 14 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 3.2 Habitat description Each of the four waterbodies had varying levels of aquatic and semi-aquatic vegetation (Table 2). While waterbodies 2 and 3 had a higher cover of floating vegetation, this is likely to provide excellent refuge for L. raniformis from predators (Plates 3 and 4). The presence of emergent (Cumbungi Typha sp.) and/or floating vegetation (i.e. Pondweed Potamogeton spp.), is likely to provide suitable basking habitat for breeding or foraging purposes (Plates 2–5). While no L. raniformis were detected during targeted surveys, there was evidence of other frog species breeding within waterbodies during the surveys. For example, it was noted that waterbodies 1, 3 and 4 had frog eggs (from marsh frogs) within emergent of floating vegetation during the assessment (Table 2). Spotted Marsh Frog, Pobblebonk Frog and Southern Brown Tree Frog were observed foraging and calling during nocturnal surveys (Appendix 2.1). This indicates that these waterbodies provide excellent breeding habitat for locally common frog species despite being used for grazing and irrigation. However, waterbodies 2 and 3 are likely to be ephemeral given their respective water depths. Water quality parameters were consistent across all three sites and considered typical for this catchment (Table 3). The water quality within each waterbody was considered good given the low turbidity levels ≤15 NTU (Table 3). As these waterbodies are in proximity to Reedy Lake, they are likely to provide potentially suitable breeding habitat for L. raniformis in the future as they include preferred habitat characteristics such as good water quality and a variety of aquatic and semi-aquatic vegetation (Table 2). All four waterbodies should be retained and enhanced where possible during any proposed future developments. 15 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 4 LEGISLATIVE AND POLICY IMPLICATIONS 4.1 Legislative and Policy Implications This section identifies biodiversity policy and legislation relevant to the proposed development, and principally addresses the: Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Victorian Flora and Fauna Guarantee Act 1988 (FFG Act) Wildlife Act 1975 and Wildlife Regulations 2002 4.2 Environment Protection and Biodiversity Conservation Act 1999 The EPBC Act establishes a Commonwealth process for assessment of proposed actions that are likely to have a significant impact on matters of National Environmental Significance (NES), or on Commonwealth land. An action (i.e. project, development, undertaking, activity, or series of activities), unless otherwise exempt, requires approval from the Commonwealth Environment Minister if they are considered likely to have an impact on any matters of NES. A referral under the EPBC Act is required if a proposed action is likely to have a ‘significant impact’ on any of the following matters of NES: World Heritage properties National heritage places Ramsar wetlands of international significance Threatened species and ecological communities Migratory and marine species Commonwealth marine area Nuclear actions (including uranium mining) Great Barrier Reef Marine Park An action requires approval from the Commonwealth Environment Minister if it will, or if it is likely to, have a significant impact on an endangered or critically endangered species, or on an ‘important population’ or critical habitat of a listed vulnerable species. Despite targeted surveys being undertaken during an appropriate time of year and under conditions suitable for the detection of L. raniformis, none were recorded within the study area during targeted surveys. Based on the results of the targeted surveys there is a low to moderate likelihood that the study area currently supports L. raniformis on a permanent basis for breeding purposes. 16 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Implications for the proposed development An EPBC Act referral to the Commonwealth Environment Minister for L. raniformis is unlikely to be required, as there is a low to moderate likelihood of occurrence for this species within the study area. An EPBC Act referral to the Commonwealth Environment Minister is currently being prepared by Ecology and Heritage Partners to outline any potential impacts to Lake Connewarre as part of the proposed development. As the proposed runoff is likely to be less than pre-development levels and equivalent overall to the rural runoff from the current undeveloped land, it is unlikely that Lake Connewarre will be directly impacted by the development. 4.3 Flora and Fauna Guarantee Act 1988 The primary legislation for the protection of flora and fauna in Victoria is the FFG Act. The Act builds on broader national and international policy in the conservation of biodiversity. The broad objectives of the FFG Act are to: 1) ensure native flora and fauna survive, flourish and maintain in situ evolutionary potential, 2) manage threatening processes, 3) encourage the conserving of flora and fauna through cooperative community endeavours, and 4) establish a regulatory structure for the conservation of flora and fauna in Victoria. The Act contains protection procedures such as the listing of threatened species and/or communities of flora and fauna, and the preparation of action statements to protect the longterm viability of these values. Several threatening processes currently listed under the FFG Act may occur as a result of the proposed works (Table 4). Measures to avoid or minimise these processes are provided below (Table 4). Table 4. Threatening processes under the FFG Act potentially applicable to the proposed works. Threatening process Development action Avoidance and/or minimisation The invasion of native vegetation by environmental weeds Soil disturbance and subsequent weed invasion into native vegetation remnants within the study area, particularly where access tracks are created. Control the spread of environmental and noxious weeds within the study area. Wash machinery prior to entering the sites to remove weed seeds. Revegetate areas of soil disturbance with indigenous plant species. Increase in sediment input into Victorian rivers and streams due to human activities Direct disturbance of sediments within the study area or in waterbodies during construction works. This may include runoff from the construction of access tracks. Employ recognised and approved sediment retention measures to reduce the input of land based sediments or the transfer of sediments to downstream aquatic habitats such Lake Connewarre. Vehicles and plant equipment not to be stationed too close to the banks to prevent bank sloughing or collapsing of undercut banks 17 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Threatening process Development action Avoidance and/or minimisation Input of toxic substances into Victorian rivers and streams Spillage of toxic substances such as diesel fuel, lubricants, oil, petroleum and other toxic substances into aquatic habitats. Avoid and contain any spills of potentially toxic substances using best practices. Refuel machinery well away from the stream Implications Despite being listed under the FFG Act, there are no implications relating to L. raniformis which are associated with the proposed residential development. There are no requirements for the proponent of the development to apply for a permit under the FFG Act, as the proposed works is unlikely to require the handling of a FFG Act-listed fauna species. As L. raniformis were not recorded during the present field assessment. Based upon the results of targeted surveys, it is unlikely that this species resides within the study area on a permanent basis. However, it may be prudent to notify DSE of the proposed works, in the event that any L. raniformis are unearthed or discovered during the construction process. 4.4 Wildlife Act 1975 and Wildlife Regulations 2002 The Wildlife Act 1975 is the primary legislation in Victoria providing for protection and management of wildlife. The Act requires people engaged in wildlife research (e.g. fauna surveys, salvage and translocation activities) to obtain a permit under the Act to ensure that these activities are undertaken in a manner consistent with the appropriate controls. The Wildlife Act 1975 has the following objectives: To establish procedures for the promotion of protection and conservation of wildlife, the prevention of species extinctions, and the sustainable use and access to wildlife; and, To prohibit and regulate the conduct of those involved in wildlife related activities. Wildlife Regulations 2002 The objectives of the Wildlife Regulations are: To make further provision in relation to the licensing system established by section 22 of the Wildlife Act 1975; To prescribe fees, offences, royalties and various other matters for the purposes of the Wildlife Act 1975; and, To provide for exemptions from certain provisions of the Wildlife Act 1975. 18 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Implications for the proposed development While a permit will be required for removal of fauna habitat within the study area, this could be in the form of a permit to remove native vegetation under the Planning and Environment Act 1987. Consequently, a permit to remove fauna habitat as part of this project under either the Wildlife Act 1975 is unlikely to be required if permission under the Planning and Environment Act 1987 is obtained. If the future development requires the direct removal, salvage, temporary holding or translocation of any terrestrial fauna species (including birds, mammals, frogs and reptiles), then an additional ‘Management Authorisation’ permit may be required under the Wildlife Act 1975. This applies to all native species, not just those listed under Federal or State legislation. 19 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 5 MITIGATION MEASURES Where possible, measures that should be undertaken to minimise the impact on terrestrial and aquatic values present within the study area associated with the proposed residential development, include: All hazardous material(s) should be stored off-site and be prevented from entering or being stored near water sources; Avoid disturbance or removal of waterbodies and associated aquatic vegetation (where possible); Avoid undertaking construction activity in late winter and spring to avoid potential high rainfall events and sediment laden stormwater runoff; Any construction stockpiles should be placed away from wetland lakes and ponds; Keep soil disturbance to a minimum to reduce the potential for sedimentation input into wetland lakes and ponds; Any soil removed should be bunded or removed to a skip; Where stormwater runoff has the potential to occur, no soil disturbance should be undertaken, and potential pollutants should be stored elsewhere; All vehicles to be refuelled away from the waterbodies; Vehicles should be inspected routinely for leaks and repaired if they occur; Install sediment pollution traps during construction; and, Employ sediment and pollution retention precautions at all times. 20 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 6 FURTHER RECOMMENDATIONS The implementation of suitable mitigation measures will play a critical role in the future protection of potentially suitable fauna habitats, as they support a diverse range of amphibian species and possible also waterbird and other significant fauna species. A site Construction Environmental Management Plan (CEMP) should be developed an include measures to ensure that noxious weed control and drainage controls are implemented prior to the commencement of any construction activities. The following measures are also recommended to avoid or minimise the risk of potential impacts to wetland-associated fauna species and their supporting habitat as a result of the development: 6.1 During Construction The following measures should be undertaken during construction: Adopt best practice sediment control measures to protect in-stream habitat. Management practices and construction techniques should be consistent with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1996); Implement appropriate mitigation measures (where possible) to reduce the potential spread of infectious pathogens (i.e. chytrid fungus Batrachochytrium dendrobatidis), in accordance with standards described by the New South Wales National Parks and Wildlife Service (NPWS 2008); Avoid having heavy vehicles/plant equipment set close to banks to prevent bank slough; and, Consider measures for avoiding other FFG-listed potential threatening processes (Table 4). 6.2 Post Construction The following measures should be undertaken post construction: Undertake appropriate post construction clean-up of the site in accordance with environmental best practices, including the stabilisation of exposed soils with local native vegetation from the appropriate Ecological Vegetation Classes (EVC) and rehabilitation/reintroduction of in-stream habitat features where required (e.g. reintroduction of large woody debris, bed or bank stabilisation). 21 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 7 CONCLUSION No L. raniformis were recorded within the study area during targeted surveys, despite hearing the species calling and actively foraging at a known reference site approximately 25 kilometres north west of the study area within Cowies Creek. Given the occurrence of previous records within Reedy Lake, an extant population may reside in proximity to the study area. Accordingly, there is a moderate likelihood that L. raniformis may disperse / use suitable habitat within the study area in the future during favourable environmental conditions (i.e. extended rainfall). However, based on the results of targeted surveys within the study area, an EPBC Act referral to the Commonwealth Environment Minister for Growling Grass Frog is unlikely to be required. If the future development requires the direct removal, salvage, temporary holding or translocation of any terrestrial fauna species (including birds, mammals, frogs and reptiles), then an additional ‘Management Authorisation’ permit may be required under the Wildlife Act 1975 by the proponent. Appropriate mitigation measures should also be implemented to minimise any potential impacts to terrestrial and aquatic values present within the proposed residential development. 22 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria PLATES 23 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Plate 2: Wetland 1 – Monitoring Site, Leopold, Victoria (Source: Ecology and Heritage Partners Pty Ltd). Plate 3: Wetland 2 – Monitoring Site, Leopold, Victoria (Source: Ecology and Heritage Partners Pty Ltd). 24 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Plate 4: Wetland 3 – Monitoring Site, Leopold, Victoria (Source: Ecology and Heritage Partners Pty Ltd). Plate 5: Wetland 4 – Monitoring Site, Leopold, Victoria (Source: Ecology and Heritage Partners Pty Ltd). 25 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria FIGURES 26 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria Figure 1. Location of Study Area, Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 27 Figure 2. Waterbody locations within the study area Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 28 Figure 3. Previous Growling Grass Frog records Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 29 APPENDICES Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 30 Appendix 1 – Significance Assessment Criteria used by Ecology and Heritage Partners Pty Ltd to define conservation significance, vegetation condition and habitat quality is provided below. A1.1. Rare or Threatened Categories for listed Victorian taxa Table A1.1. Rare or Threatened categories for listed Victorian taxa. Rare or Threatened Categories CONSERVATION STATUS IN AUSTRALIA (Based on the EPBC Act 1999, Briggs and Leigh 1996*) EX - Extinct: Extinct is when there is no reasonable doubt that the last individual of the species has died. CR - Critically Endangered: A species is critically endangered when it is facing an extremely high risk of extinction in the wild in the immediate future. EN - Endangered: A species is endangered when it is not critically endangered but is facing a very high risk of extinction in the wild in the near future. VU - Vulnerable: A species is vulnerable when it is not critically endangered or endangered but is facing a high risk of extinction in the wild in the medium-term future. R* - Rare: A species is rare but overall is not currently considered critically endangered, endangered or vulnerable. K* - Poorly Known: A species is suspected, but not definitely known, to belong to any of the categories extinct, critically endangered, endangered, vulnerable or rare. CONSERVATION STATUS IN VICTORIA (Based on DSE 2009, DSE 2007, FIS 2011) x - Presumed Extinct in Victoria: not recorded from Victoria during the past 50 years despite field searches specifically for the plant, or, alternatively, intensive field searches (since 1950) at all previously known sites have failed to record the plant. e - Endangered in Victoria: at risk of disappearing from the wild state if present land use and other causal factors continue to operate. v - Vulnerable in Victoria: not presently endangered but likely to become so soon due to continued depletion; occurring mainly on sites likely to experience changes in land-use which would threaten the survival of the plant in the wild; or, taxa whose total population is so small that the likelihood of recovery from disturbance, including localised natural events such as drought, fire or landslip, is doubtful. r - Rare in Victoria: rare but not considered otherwise threatened - there are relatively few known populations or the taxon is restricted to a relatively small area. k - Poorly Known in Victoria: poorly known and suspected, but not definitely known, to belong to one of the above categories (x, e, v or r) within Victoria. At present, accurate distribution information is inadequate. Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 31 A1.2. Defining Ecological Significance Table A1.2. Defining Ecological Significance. Criteria for defining Ecological Significance NATIONAL SIGNIFICANCE Flora National conservation status is based on the EPBC Act list of taxa considered threatened in Australia (i.e. extinct, critically endangered, endangered, vulnerable). Flora listed as rare in Australia in Rare or Threatened Australian Plants (Briggs and Leigh 1996). National conservation status is based on the EPBC Act list of taxa considered threatened in Australia (i.e. extinct, critically endangered, endangered, vulnerable). Fauna Fauna listed as extinct, critically endangered, endangered, vulnerable, Rare or Lower Risk (near threatened, conservation dependent or least concern) under National Action Plans for terrestrial taxon prepared for the Department of Sustainability, Environment, Water, Population and Communities: threatened marsupials and monotremes (Maxwell et al. 1996), bats (Duncan et al. 1999), birds (Garnett and Crowley 2000), reptiles (Cogger et al. 1993), and amphibians (Tyler 1997). Species that have not been included on the EBPC Act but listed as significance according to the IUCN 2009 Communities Red List of Threatened Species (IUCN 2009). Vegetation communities considered critically endangered, endangered or vulnerable under the EPBC Act and considering vegetation condition. STATE SIGNIFICANCE Threatened taxa listed under the provisions of the FFG Act. Flora Flora listed as extinct, endangered, vulnerable or rare in Victoria in the DSE Flora Information System (most recent Version). Flora listed in the State Government’s Advisory List of Rare or Threatened Plants in Victoria, 2009 (DSE 2009). Flora listed as poorly known in Australia in Rare or Threatened Australian Plants (Briggs and Leigh 1996). Threatened taxon listed under Schedule 2 of the FFG Act. Fauna Fauna listed as extinct, critically endangered, endangered and vulnerable on the State Government’s Advisory List of Threatened Vertebrate Fauna in Victoria - 2007 (DSE 2007). Listed as Data Deficient, Insufficiently Known or Near-threatened under National Action Plans for terrestrial species prepared for the Department of Sustainability, Environment, Water, Population and Communities: threatened marsupials and monotremes (Maxwell et al. 1996), bats (Duncan et al. 1999), birds (Garnett and Crowley 2000), reptiles (Cogger et. al. 1993), and amphibians (Tyler 1997). Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 32 Criteria for defining Ecological Significance Communities Ecological communities listed as threatened under the FFG Act. Ecological vegetation class listed as threatened (i.e. endangered, vulnerable) or rare in a Native Vegetation Plan for a particular bioregion (DSE Website) and considering vegetation condition. REGIONAL SIGNIFICANCE Flora Flora considered rare in any regional native vegetation plan for a particular bioregion. Flora considered rare by the author for a particular bioregion. Fauna Fauna with a disjunct distribution, or a small number of documented recorded or naturally rare in the Otway Plain bioregion. A particular taxon that is has an unusual ecological or biogeographical occurrence or listed as Lower Risk – Near Threatened, Data Deficient or Insufficiently Known on the State Government’s Advisory List of Communities Threatened Vertebrate Fauna in Victoria - 2007 (DSE 2007). Ecological Vegetation Class listed as depleted or least concern in a Native Vegetation Plan for a particular bioregion (DSE Website) and considering vegetation condition. Ecological Vegetation Class considered rare by the author for a particular bioregion. LOCAL SIGNIFICANCE Local significance is defined as flora, fauna and ecological communities indigenous to a particular area, which are not considered rare or threatened on a national, state or regional level. Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 33 A1.3 Defining Site Significance The following geographical areas apply to the overall level of significance with respect to the current survey. National: Australia State: Victoria Regional: Otway Plain bioregion Local: Within 10 kilometres surrounding the study area Table A1.3. Defining Site Significance. Criteria for defining Site Significance NATIONAL SIGNIFICANCE A site is of National significance if: - it regularly supports, or has a high probability of regularly supporting individuals of a taxon listed as ‘Critically Endangered’ or ‘Endangered’ under the EPBC Act and/or under National Action Plans for terrestrial taxon prepared for the Department of Sustainability, Environment, Water, Population and Communities. - it regularly supports, or has a high probability of supporting, an ‘important population’ as defined under the EPBC Act of one or more nationally ‘vulnerable’ flora and fauna taxon. - it is known to support, or has a high probability of supporting taxon listed as ‘Vulnerable’ under National Action Plans. - it is known to regularly support a large proportion (i.e. greater than 1%) of a population of a taxon listed as ‘Conservation Dependent’ under the EPBC Act and/or listed as Rare or Lower Risk (near threatened, conservation dependent or least concern) under National Action Plans. - it contains an area, or part thereof designated as ‘critical habitat’ under the EPBC Act, or if the site is listed under the Register of National Estate compiled by the Australian Heritage Commission. - it is a site which forms part of, or is connected to a larger area(s) of remnant native vegetation or habitat of national conservation significance such as most National Park, and/or a Ramsar Wetland(s). STATE SIGNIFICANCE A site is of State significance if: - it occasionally (i.e. every 1 to 5 years) supports, or has suitable habitat to support taxon listed as ‘Critically Endangered’ or ‘Endangered’ under the EPBC Act and/or under National Action Plans. - it regularly supports, or has a high probability of regularly supporting (i.e. high habitat quality) taxon listed as ‘Vulnerable’, ‘Near threatened‘, ‘Data Deficient’ or ‘Insufficiently Known’ in Victoria (DSE 2009), or species listed as ‘Data Deficient’ or ‘Insufficiently Known’ under National Action Plans. - it contains an area, or part thereof designated as ‘critical habitat’ under the FFG Act. - it supports, or likely to support a high proportion of any Victorian flora and fauna taxa. - it contains high quality, intact vegetation/habitat supporting a high species richness and diversity in a particular Bioregion. - it is a site which forms part of, or connected to a larger area(s) of remnant native vegetation or habitat of state conservation significance such as most State Parks and/or Flora and Fauna Reserves. Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 34 Criteria for defining Site Significance REGIONAL SIGNIFICANCE A site is of Regional significance if: - it regularly supports, or has a high probability of regularly supporting regionally significant fauna as defined in Table 1.2. - is contains a large population (i.e. greater than 1%) of flora considered rare in any regional native vegetation plan for a particular bioregion. - it supports a fauna population with a disjunct distribution, or a particular taxon that has an unusual ecological or biogeographical occurrence. - it is a site which forms part of, or is connected to a larger area(s) of remnant native vegetation or habitat of regional conservation significance such as most Regional Parks and/or Flora and Fauna Reserves. LOCAL SIGNIFICANCE Most sites are considered to be of at least local significant for conservation, and in general a site of local significance can be defined as: - an area which supports indigenous flora species and/or a remnant Ecological Vegetation Class, and habitats used by locally significant fauna species. - an area which currently acts, or has the potential to act as a wildlife corridor linking other areas of higher conservation significance and facilitating fauna movement throughout the landscape. A1.4. Defining Vegetation Condition Table A1.4. Defining Vegetation Condition. Criteria for defining Vegetation Condition Good condition - Vegetation dominated by a diversity of indigenous species, with defined structures (where appropriate), such as canopy layer, shrub layer, and ground cover, with little or few introduced species present. Moderate condition - Vegetation dominated by a diversity of indigenous species, but is lacking some structures, such as canopy layer, shrub layer or ground cover, and/or there is a greater level of introduced flora species present. Poor condition - Vegetation dominated by introduced species, but supports low levels of indigenous species present, in the canopy, shrub layer or ground cover. Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 35 A1.5. Defining Habitat Quality Several factors are taken into account when determining the value of habitat. Habitat quality varies on both spatial and temporal scales, with the habitat value varying depending upon a particular fauna species. Table A1.5. Defining Habitat Quality. Criteria for defining Habitat Quality HIGH QUALITY High degree of intactness (i.e. floristically and structurally diverse), containing several important habitat features such as ground debris (logs, rocks, vegetation), mature hollow-bearing trees, and a dense understorey component. High species richness and diversity (i.e. represented by a large number of species from a range of fauna groups). High level of foraging and breeding activity, with the site regularly used by native fauna for refuge and cover. Habitat that has experienced, or is experiencing low levels of disturbance and/or threatening processes (i.e. weed invasion, introduced animals, soil erosion, salinity). High contribution to a wildlife corridor, and/or connected to a larger area(s) of high quality habitat. Provides known, or likely habitat for one or more rare or threatened species listed under the EPBC Act, FFG Act, or species considered rare or threatened according to DSE 2007. MODERATE QUALITY Moderate degree of intactness, containing one or more important habitat features such as ground debris (logs, rocks, vegetation), mature hollow-bearing trees, and a dense understorey component. Moderate species richness and diversity - represented by a moderate number of species from a range of fauna groups. Moderate levels of foraging and breeding activity, with the site used by native fauna for refuge and cover. Habitat that has experienced, or is experiencing moderate levels of disturbance and/or threatening processes. Moderate contribution to a wildlife corridor, or is connected to area(s) of moderate quality habitat. Provides potential habitat for a small number of threatened species listed under the EPBC Act, FFG Act, or species considered rare or threatened according to DSE 2007. LOW QUALITY Low degree of intactness, containing few important habitat features such as ground debris (logs, rocks, vegetation), mature hollow-bearing trees, and a dense understorey component. Low species richness and diversity (i.e. represented by a small number of species from a range of fauna groups). Low levels of foraging and breeding activity, with the site used by native fauna for refuge and cover. Habitat that has experienced, or is experiencing high levels of disturbance and/or threatening processes. Unlikely to form part of a wildlife corridor, and is not connected to another area(s) of habitat. Unlikely to provide habitat for rare or threatened species listed under the EPBC Act, FFG Act, or considered rare or threatened according to DSE 2007. Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria 36 Appendix 2.1 – Previous amphibian records Table A2.1. Amphibian species recorded during the present surveys and within 10 kilometres of the study area. H S Heard Seen Common name Scientific name Common Froglet Pobblebonk Frog Spotted Marsh Frog Brown Toadlet Southern Brown Tree Frog Growling Grass Frog Crinia signifera Limnodynastes dumerilii Limnodynastes tasmaniensis Pseudophryne bibronii Litoria ewingii Litoria raniformis Last documented record (VBA 2011) Total # of documented records 2011 1961 1998 2000 1998 1997 2 4 1 24 9 Approximate abundances (i.e. heard calling each survey) 70 55 60 20 - Present survey H S S S - Source used to determine number of records and year: Victorian Biodiversity Atlas (DSE 2010) 37 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria REFERENCES 38 Targeted survey for Growling Grass Frog Litoria raniformis Ash Road, Leopold, Victoria References Ashworth, J.M. 1998. An appraisal of the Conservation of Litoria raniformis (Kefferstein) in Tasmania. 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