Commonwealth of Australia Environment Protection and Biodiversity Conservation Act 1999 Section 480D REMEDIATION DETERMINATION Mr Douglas Edward Rutledge ‘Mumblebone’ WARREN, NSW 2824 WHEREAS I, Kimberley Dripps, as delegate to the Minister for Sustainability, Environment, Water, Population and Communities (formerly Environment, Water, Heritage and the Arts) under Section 480D of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) consider that, Douglas Edward Rutledge, has taken an action, being an action that has contravened Section 18(6) of the EPBC Act, being a specified civil penalty provision of Part 3 of the Act, namely: 1) At all material times Douglas Edward Rutledge was the registered owner of the Land comprising Lot 58 on Deposited Plan 753 476 Local Government Area of WARREN, Parish of Mumblebone, County of Gregory in the State of New South Wales (the property); and 2) Douglas Edward Rutledge has engaged or otherwise instructed, contracted, provided consent or approval for a contractor to undertake an action; and 3) The action is clearance of native vegetation and disturbance within an area of approximately 30 hectares on the property, affecting a listed threatened ecological community included in the endangered category, being Weeping Myall Woodlands, on or about 18 January to 22 January 2010; and 4) The action has had, or is likely to have, a significant impact on a listed threatened ecological community included in the endangered category, being Weeping Myall Woodlands; and 5) A referral pursuant to Part 7 of the EPBC Act was not made, and no approval under Part 9 of the EPBC Act was given for the taking of the action; and 6) I consider it desirable to make a determination under s 480D of the Act in relation to the action. 1 of 16UnknownUnknown ACCORDINGLY, I hereby order Douglas Edward Rutledge to take the action(s) specified in Schedule 1 to this Determination to repair or mitigate damage that has been caused by: 1) the contravention of section 18(6) of the Act, namely the taking of an action without approval that has had, will have, or is likely to have a significant impact on a listed threatened ecological community included in the endangered category, being Weeping Myall Woodlands. Time that this Determination is in force This Determination is to come into force on the day on which a copy of the signed Order is given to you and will continue to be in force until such time as it is either set aside by the Federal Court under section 480K of the EPBC Act, or revoked by the Minister under section 480N of the EPBC Act. Appeal Provisions You may apply for me to reconsider, pursuant to section 480J of the EPBC Act, the signed Determination. Your application for reconsideration must be made within 20 days after receiving a copy of the signed Determination and be addressed to Rose Webb, Assistant Secretary of the Compliance and Enforcement Branch, Department of Sustainability, Environment, Water, Population and Communities, GPO Box 787, Canberra ACT 2601. A copy of section 480J of the EPBC Act is attached for your reference. Dated this 17th day of May 2011 ………………………………………… Signature of KIMBERLEY DRIPPS 2 of 16UnknownUnknown SCHEDULE 1 Remediation action Douglas Edward Rutledge must undertake the following actions aimed at repairing and/or mitigating damage and managing the recovery of the listed threatened ecological community of Weeping Myall Woodlands within the ‘Remedial Area’ on Lot 58 [DP 753 476], as depicted on Schedule 2: Establish and mark the boundaries of a Remedial Area a. Within 3 months of the date of this signed Determination, erect marker posts at the following locations, to delineate the fencing boundaries of the Remedial Area#: i. 559411/6526117 vi. 560598/6525680 ii. 559711/6526139 vii. 560325/6525754 iii. 559743/6525930 viii. 559696/652497 iv. 560602/6525959 ix. 559475/6525732 v. 560655/6525783 # All points are provided in an Easting/Northing format and the Datum is GDA94. Locations move clockwise from i., in the north western corner of the Remedial Area. Refer to Schedule 2. b. Should temporary or long term fencing be required, erect between marker posts described in a. above. Refer also to Schedule 2. Prevent further disturbance within the Remedial Area c. Whilst ever this signed Determination remains in force, cease the following farming practices within the Remedial Area: ploughing, cropping (including pasture cropping), slashing and tilling, fertiliser application or similar activities that may cause detriment to the ecological community. d. By whatever means necessary, exclude all domestic stock from the Remedial Area for a period of at least five (5) years. e. Limit vehicle access within the Remedial Area. Vehicles must not enter the Remedial Area when the ground is waterlogged. Manage the regeneration of Weeping Myall Woodland within the Remedial Area f. Monitor and control pest animals and introduced weeds, to prevent the spread of existing weeds and establishment of new weeds in the Remedial Area. g. If, after five years of implementing this Determination, the average density of Myall (Acacia pendula) regrowth across the Remedial Area is less than 10 trees per hectare, plant and nurture Myall seedlings to achieve this density. h. Retain dead timber, including stacks of pushed timber. i. Retain and protect regrowth. 3 of 16UnknownUnknown Monitor and report j. Within 60 days of the signing of this Determination, and again on the 5 th and 10th anniversary of this Determination, engage a suitably qualified expert to survey and report on the extent and quality of the vegetation within the Remedial Area with reference to the baseline study provided in Schedule 3, and k. Provide an annual written report to the Department of Sustainability, Environment, Water, Population and Communities demonstrating compliance with this Determination. Reintroduction of controlled grazing (optional) l. Controlled grazing may only be re-introduced to the Remedial Area after a period of five (5) years from the time that this Determination commences, and following preparation, and the Minister’s written approval, of a grazing management plan that demonstrates: i. success in achieving the above objectives, and ii. that the average height of regrowth Myall trees exceeds the browse height of stock (90 cm for sheep and 1.5 m for cattle); and iii. assessment, by a suitably qualified and independent person, of the suitability of the proposed grazing frequency and stocking density for conservation of the Weeping Myall Woodlands ecological community in the Remedial Area. Other requirements m. The Minister may make this Determination available for public inspection including on a public register. n. The Minister, the Commonwealth, and/or the Department of Environment, Climate Change and Water, may from time to time publicly refer to this Determination including through, but not limited to, media releases. o. The carrying out of any works under this Determination may be subject to auditing by officers of the Commonwealth or the State of New South Wales who are authorised officers under the Environment Protection and Biodiversity Conservation Act 1999, or the Native Vegetation Act 2003. p. Subject to reasonable notice, the Landholder must allow authorised officers of the Commonwealth or the State of New South Wales access to the Remedial Area and allow these officers to do all things reasonably necessary for the purpose of monitoring and auditing compliance with this Determination. 4 of 16UnknownUnknown This is an extract from the Environment Protection and Biodiversity Conservation Act 1999. This section should be considered in the context of the Act as a whole, including any related sections and any relevant definitions. You should seek your own legal advice regarding interpretation of the section. The EPBC Act is available on line at http://www.comlaw.gov.au/ Division 14B—Minister’s power to make remediation determinations Subdivision A—Making of remediation determinations 480D Minister may make remediation determination (1) If: (a) the Minister considers that an action taken by a person after the commencement of this section contravened a civil penalty provision of Part 3; and (b) the Minister considers it desirable to make an order under this section in relation to the action; the Minister may make a written determination (a remediation determination) requiring the person to take action to repair or mitigate damage that may or will be, or that has been, caused by the contravention, to the matter protected by the provision of Part 3. (2) The Minister cannot make a remediation determination at a time that is more than 6 years after the time when the person took the action referred to in paragraph (1)(a). (3) A remediation determination is not a legislative instrument. 480E Contents of a remediation determination (1) A remediation determination must specify the following: (a) the person (the specified person) referred to in paragraph 480D(1)(a); (b) the action (the specified action) referred to in that paragraph; (c) the civil penalty provision (the specified civil penalty provision) of Part 3 referred to in that paragraph; (d) the action (the remediation action) that the person is required to take. (2) A remediation determination may do all or any of the following in relation to some or all of the remediation action: (a) require action to be taken in a specified place; (b) require action to be taken at, or by, a specified time; (c) require a specified industry standard or code of practice to be complied with in taking action; (d) require the taking of reasonable steps to obtain any Commonwealth, State or Territory approval or authority needed to carry out action; (e) require the preparation, and submission to the Minister for approval, of a plan for taking action, and require action to be taken in accordance with the plan as approved by the Minister; (f) require the spending of a specified amount of money on the taking of action; (g) require the payment to a specified person of a specified amount or money, for the purpose of activities directed towards the protection and conservation of the matter protected by the specified civil penalty provision; (h) require the payment to the Commonwealth of a specified amount of money as security for the due taking of action; (i) provide for monitoring, auditing, or reporting to the Minister, in relation to the taking of action. 5 of 16UnknownUnknown (3) A remediation determination must contain a statement to the effect that the specified person may apply for a reconsideration of the determination under section 480J. 480F Notifying owners and occupiers of land of proposed remediation determination (1) Before the Minister makes a remediation determination that requires action to be taken on land that is not owned or occupied by the person proposed to be specified in the order, the Minister must: (a) take all practicable steps to identify each person who is an owner or occupier of all or part of the land; and (b) take all practicable steps to advise each person identified of the remediation determination that the Minister proposes to make; and (c) give persons advised at least 20 business days to comment in writing to the Minister on the proposed remediation determination. (2) The Minister must take the comments into account in deciding whether to make the proposed remediation determination. 480G Notifying that remediation determination has been made As soon as practicable after a remediation determination is made, the Minister must: (a) give the specified person a copy of the determination; and (b) take all practicable steps to advise each person identified as mentioned in paragraph 480F(1)(a) of the making of the remediation determination. 480H Duration of remediation determinations (1) A remediation determination comes into force: (a) if a commencement day is specified in the determination (not being a day before paragraph 480G(a) is complied with)—on that day; or (b) otherwise—when paragraph 480G(a) is complied with. (2) The determination remains in force: (a) for the period (if any) specified in the order; or (b) until it is set aside by the Federal Court under Subdivision B or it is revoked by the Minister under Subdivision D. 480J Ministerial reconsideration of remediation determinations (1) Within 20 days after receiving a copy of a remediation determination as required by paragraph 480G(a), the specified person may apply to the Minister for a reconsideration of the determination. (2) On receipt of an application for reconsideration of a remediation determination, the Minister may affirm, vary or set aside the determination. (3) The Minister may take account of information and comments from any source the Minister considers appropriate in deciding what action to take in relation to an application under this section. (4) The Minister must: (a) advise the specified person of the Minister’s decision in relation to an application under this section; and 6 of 16UnknownUnknown (b) take all practicable steps to advise each person identified as mentioned in paragraph 480F(1)(a) of the Minister’s decision in relation to an application under this section. Subdivision B—Federal Court may set aside remediation determination 480K Applying to Federal Court to have remediation determination set aside (1) Within 28 days after any of the following: (a) the specified person receives a copy of a remediation determination as required by paragraph 480G(a); or (b) a remediation determination is affirmed or varied under section 480J; or (c) a remediation determination is varied by the Minister under Subdivision D; the specified person may apply to the Federal Court to have the remediation determination set aside. (2) On an application under subsection (1), the Federal Court must set aside the remediation determination if the Court is satisfied that: (a) the specified action did not occur; or (b) the specified person did not take the specified action; or (c) the specified action was not a contravention of the specified civil penalty provision; or (d) the remediation action is not a reasonable measure to repair or mitigate damage that may or will be, or that has been, caused by the specified action to the matter protected by the specified civil penalty provision. (3) In considering whether the remediation determination is a reasonable measure to repair or mitigate damage that may or will be, or that has been, caused by the specified action to the matter protected by the specified civil penalty provision, the Federal Court must have regard to the following: (a) the nature and extent of the specified action; (b) the nature and extent of the damage to the environment that may or will be, or that has been, caused by the specified action to the matter protected by the specified civil penalty provision; (c) the circumstances in which the specified action took place; (d) whether the specified person has previously been found by a court in proceedings under this Act or the regulations to have engaged in any similar conduct; (e) the cost to the specified person of taking the remediation action. The Federal Court may also have regard to any other matters it considers relevant. (4) The Federal Court must not set aside the remediation determination unless it is satisfied as mentioned in subsection (2). Subdivision C—Complying with remediation determinations 480L Federal Court may order compliance with remediation determination (1) If the Minister considers that the specified person has contravened a remediation determination, the Minister may apply to the Federal Court for an order under subsection (2). (2) If the Federal Court is satisfied that the specified person has contravened a remediation determination, the Court may make one or more of the following orders: (a) an order directing the specified person to comply with the remediation determination; 7 of 16UnknownUnknown (b) any other order that the Court considers appropriate. 480M Civil penalty for contravention of remediation determination (1) The specified person must not contravene a remediation determination. (2) Subsection (1) is a civil penalty provision. Under section 481, the Federal Court may order the specified person to pay a pecuniary penalty not more than the pecuniary penalty the Court could order the person to pay under that section for a contravention of the specified civil penalty provision. Subdivision D—Variation or revocation of remediation determinations 480N Variation or revocation of remediation determination (1) The Minister may, in writing, vary or revoke a remediation determination. (2) Sections 480F and 480G apply in relation to the variation or revocation of a remediation determination in the same way as they apply in relation to the making of a remediation determination. 8 of 16UnknownUnknown This map forms Schedule 2 “Remedial Area” to the Remediation Determination given to Mr Douglas Edward Rutledge by Ms Kimberley Dripps, Delegate to the Minister for Sustainability, Environment, Water, Population and Communities under Section 480D of the Environment Protection and Biodiversity Conservation Act 1999. SCHEDULE 2 The aerial image below depicts Lot 58 (DP 753 476), or part thereof, Warren, NSW. The highlighted “Remedial Area” (hashed red) is the area in which damage to the Weeping Myall Woodland endangered ecological community is known to have occurred, and where the management actions described in Schedule 1 are to be applied. The “Fenced Area” polygon (yellow) describes the area around which stock must be excluded. GPS points for the nine (9) “Fencing Corners” of the “Fenced Area” are given in Schedule 1a. This map forms Schedule 2 “Remedial Area” to the Remediation Determination given to Mr Douglas Edward Rutledge by Ms Kimberley Dripps, Delegate to the Minister for Sustainability, Environment, Water, Population and Communities under Section 480D of the Environment Protection and Biodiversity Conservation Act 1999. SCHEDULE 3 BASELINE STUDY – VEGETATION ASSESSEMENT AT LOT 58 (DP 753 476), 29 & 30 APRIL 2010 Action site description and evidence indicating the presence of the ecological community or its habitat: Initial Observations: What I observed upon arriving at the site in question was a relatively flat open plain of grassland dotted with numerous stacks of pushed timber and smaller areas of pushed timber lying in situ. Less than 10 isolated trees and shrubs comprising; Whitewood (Atalaya hemiglauca), Myall (Acacia pendula), Wild Orange (Capparis mitchellii), Rosewood (Alectryon oleifolius) and Warrior Bush (Apophyllum anomalum), remained standing. The area in question is bounded both to the east and west by Myall (Acacia pendula) Woodland and to the north by similarly composed grassland. Bimble Box (Eucalyptus populnea) Woodland associated with an unnamed ephemeral tributary of Delvin’s Creek occurs in the northwest corner. Bimble Box woodland also adjoins the south-east corner. Investigation Methods: To establish species composition, age structure and relative dominance of vegetation present on the area, cleared timber in stacks and lying in situ was identified and measured (refer Attachment 4). Due to the time since felling, the physical damage (breaking of branches and trucks) to the trees and the amount of topsoil within stacks it was often difficult to identify individual trees, particularly toward the bottom of stacks. Measurements were only taken of identifiable trees, ie those with an obvious root ball. As a consequence it is highly likely the tree numbers recorded under-estimate the actual number cleared, particularly in the smaller size classes. Due to the time since clearing shrubs in the stacks were unable to be identified. A 20x20m quadrat was undertaken within the cleared area 1 to establish the species composition of the groundcover (refer Q1 in Attachments 5 and 6). Care was taken in locating this quadrat to avoid sites of disturbance such as tracks, tanks and areas where trees had obviously been removed. These sites, as a result of the disturbance, generally had a higher proportion of weeds and voluntary native species than areas of less disturbed groundcover. These areas were therefore considered not representative of groundcover generally across the area prior to the clearing event. Two additional quadrats (Q2 and Q3) 2 were undertaken in adjoining vegetation. Based on satellite imagery interpretation this adjoining vegetation was considered to have similar structure and composition to the vegetation on the cleared area prior to January 2010. These quadrats comprised a 20x20m quadrat for groundcover assessment nested within 20x50m quadrat for overstorey and shrub strata assessment (refer Q2 and Q3 in Attachment 5). For Q1 and Q2 all species present within quadrats were identified. The cover and relative abundance of each species present was recorded using a standard modified Braun-Blanquet 1-6 scale (refer Attachment 5). Due to time limitation only dominant species were recorded using the modified BraunBlanquet scale in Q3. Additional flora species were recorded throughout the field inspection while randomly traversing the cleared area (refer Attachment 5). 1 2 Location of NE cnr of quadrat - 56 E0559602 / N6525944 (datum WGS84) Location NE cnr Q2 – 56 E0560688 / N6255950 (datum WGS84) Location NE cnr Q3 - 56 E0559400 / N6526009 (datum WGS84) Sampling methods and intensity are consistent with DECCW Threatened Biodiversity Survey and Assessment - Guidelines for development and activities (DEC 2004). The identification and nomenclature for flora species in this report is consistent with NSW Royal Botanic Gardens PlantNet database. Investigation Results: Satellite imagery interpretation indicates the structure of the vegetation on the area in question prior to January 2010, to be predominantly open woodland comprising trees with relatively small canopies. It also indicates that extant remnant vegetation to the east and west of the area in question was similar in structure and composition to the vegetation cleared. Quadrat data collected from within this extant vegetation identifies it as Weeping Myall Woodland. A comprehensive list of the vegetation species present on the area cleared, and their relative dominance prior to January 2010, has been determined from information provided by stack analysis, quadrats and notes made during the site inspection on 29th and 30th April 2010. This information is provided in Attachments 4 and 5. From analysis of this information, and based on my knowledge of the vegetation communities of the region, the vegetation on the area prior to clearing was an uneven aged Weeping Myall (Acacia pendula) woodland. Scattered Bimble Box (Eucalyptus populnea) would have occurred towards the north-western corner and eastern edges of the area as the Myall woodland graded into the adjoining Bimble Box woodlands. The Weeping Myall Woodland would have had a very sparse understorey of Rosewood (Alectryon oleifolius), Wild Orange (Capparis mitchellii) and Warrior Bush (Apophyllum anomalum) and a sparse low shrublayer of Spiny Saltbush (Rhagodia spinescens). Although disturbed, groundcover on the cleared area remains relatively intact. This groundcover comprises a dense cover of native grasses and forbs variously dominated by; Curly Windmill Grass (Enteropogon acicularis), Box Grass (Paspalidium constrictum), Button Grass (Dactyloctenium radulans), Native Panic (Panicum buncei), Fairy Grass (Sporobolus caroli), Blown Grass (Lachnagrostis filiformis), Summer Grasses (Eriochloa spp), Purple Wiregrass (Austrostipa scabra ssp scabra), Saltbush (Atriplex sp B), Ruby Saltbush (Enchylaena tomentosa), Jointed Poverty Bush (Sclerolaena articulata) and Pigweed (Portulaca oleracea). Other native species present on the area include: Whitewood (Atalaya hemiglauca), Needlewood (Hakea leucoptera), Leaf-less Cotton Bush (Maireana aphylla), Soft Roly-poly (Salsola tragus ssp tragus), Pin Sida (Sida fibulifera), Curly Mitchell Grass (Astrebla lappacea), Windmill Grass (Chloris truncata), Plains Grass (Austrostipa aristiglumis), Weeping Lovegrass (Eragrostis parviflora), Plains Lantern Bush (Abutilon halophilum), Copper Wire Daisy (Podolepis sp), Bladder Saltbush (Atriplex vesicaria ssp macrocystidia), Australian Bindweed (Convolvulus erubescens), Small Crumbweed (Chenopodium pumilo), Tar Vine (Boerhavia dominii), Caustic Weed (Chamaesyce dallachyana), Sensitive Plant (Neptunia gracilis), Caltrop (Tribulus minutus) and Knob Sedge (Carex inversa). Scattered across the area are small depressions which retain water and form small ephemeral wetlands after rain. At the time of inspection these depressions were moist and supported moisture favouring species including; Warrego Summer Grass (Paspalidium jubiflorum), Common Nardoo (Marsilea drummondii), Ribbed Spike Rush (Eleocharis plana) and Cyprus sp with occasional isolated juvenile Lignum (Muehlenbeckia florulenta). Weeds on the area cleared are minor. At the time of inspection they were generally associated with tracks, tanks, areas of soil disturbance resulting from the pushing up of timber stacks and sites where trees had been removed. Weed species present include; Common Sowthistle (Sonchus oleraceus), Stinkgrass (Eragrostis cilianensis), Spiked Mallow (Malvastrum americanum), Burr Medic (Medicago sp), Wild Turnip (Brassica tournefortii), Twiggy Mullein (Verbascum virgatum), Blackberry Nightshade (Solanum nigrum), Bathurst Burr (Xanthium spinosum), Green Amaranth (Amaranthus viridis), Paddy Melon (Cucumis myriocarpus) and Camel Melon (Citrullus lanatus). Common Wheat (Triticum aestivum) stubble was common in the groundcover of the area cleared. From information provided by the landholder, Mr Rutledge, it appears the area was pasture cropped sometime in the previous 12 months. Given the relatively good condition of the groundcover it is my opinion this was a relatively new activity on the area in question. Mr Rutledge also indicated to DEWHA officers that the purpose of the clearing was to improve cropping efficiencies on the area, so it is presumed his intention is to continue cropping the area, but whether this is by pasture cropping or conventional tillage is unknown. 11 Attachment 1: - Not Included Attachment 2: Location of Lot 58 in DP753476 and area cleared 12 Attachment 3: Not Included Attachment 4: Summary of Stack Analysis for Lot 58 in DP 753476 – “Mumblebone” Number of Trees Counted in Stacks Common Name Scientific Name Size Range (diameter in cm) dbh* Myall Acacia pendula Rosewood Alectryon oleifolius Bimble Box (Dead)^ Eucalyptus populnea Warrior Bush Apophyllum anomalum Unidentified (Live at time of clearing) Unidentified (Dead)^ <10 11-20 21-40 41-60 61-80 >81 <10 11-20 21-40 41-60 61-80 >81 <10 11-20 21-40 41-60 61-80 >81 <10 11-20 21-40 41-60 61-80 >81 <10 11-20 21-40 41-60 61-80 >81 <10 11-20 21-40 41-60 61-80 >81 5 28 111# 46# 2 0 0 0 4 3 1 0 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 1 0 0 0 0 22 2 0 0 Total 228 Total no. trees counted in stacks dbh* unable to be measured 3 25 111 44 2 0 1 1 229 * diameter at breast height measured at approximately 1.5m from top of root ball # ^ 4 trees in each of these categories were presumed to be dead at the time of clearing Presumed to be a standing dead tree at the time of clearing 13 >4m in height (m) <4m in height (m) height not measured 2 3 2 Attachment 5: Flora Species identified on Lot 58 in DP 753476 – “Mumblebone”, Warren 29th and 30th April 2010 Cover-Abundance categories using a modified Braun-Blanquet Scale 1= <5% cover (rare number of individuals at site) 4= 26-50% cover 2= <5% cover (species common at site) 5= 51-75% cover 3= 5-25% cover 6= 76-100% cover Q1, Q2, Q3 = Quadrat numbers RT = Random Traverses across cleared area Family Scientific Name Common Name Cover Abundance within quadrats Q1 Q2 RT Q3# Amaranthaceae Amaranthus viridis * Green Amaranth Asteraceae Podolepis sp Copper-wire Daisy Sonchus oleraceus* Common Sowthistle Xanthium spinosum* Bathurst Burr Brassicaceae Brassica tournefortii* Wild Turnip Capparaceae Capparis mitchellii Wild Orange Chenopodiaceae Atriplex articulata Saltbush Atriplex sp Saltbush Atriplex sp B Saltbush Atriplex vesicaria ssp macrocystidia Bladder Saltbush Chenopodium pumilo Small Crumbweed Einadia hastata Berry Saltbush Enchylaena tomentosa Ruby Saltbush Maireana aphylla Leaf-less Cotton Bush 2 Rhagodia spinescens Spiny Saltbush 3 Salsola tragus Soft Roly-poly 1 Sclerolaena articulata Jointed Poverty Bush 1 Sclerolaena muricata Black Roly-poly Convolvulaceae Convolvulus erubescens Australian Bindweed Cucurbitaceae Citrullus lanatus* Camel Melon Cucumis myriocarpus ssp leptodermis * Paddy Melon 2 Carex inversa Knob Sedge 1 Cyperus sp Umbrella Sedge Eleocharis plana Ribbed Spike Rush Euphorbiaceae Chamaesyce dallachyana Caustic Weed 1 Fabaceae Medicago sp* Burr Medic 1 Geraniaceae Erodium crinitum Blue Crowfoot 2 Loranthaceae Amyema quandang Grey Mistletoe Malvaceae Abutilon halophilum Desert Lantern Bush 1 Malvastrum americanum* Malvastrum 1 Cyperaceae 14 1 2 1 1 2 2 4 3 3 3 1 3 1 1 1 1 Family Scientific Name Common Name Cover Abundance within quadrats Q1 Q2 1 1 RT Q3# Sida fibulifera Pin Sida Marsileaceae Marsilea drummondii Common Nardoo Mimosaceae Acacia pendula Myall Neptunia gracilis Native Sensitive Plant Myoporaceae Eremophila mitchellii Budda Nyctaginaceae Boerhavia dominii Tarvine Poaceae Aristida aristiglumis Plains Grass Astrebla lappacea Curly Mitchell Grass 1 Austrostipa scabra ssp scabra Rough Speargrass 2 Chloris truncata Windmill Grass Dactyloctenium radulans Button Grass 2 Enteropogon acicularis Curly Windmill Grass 3 Eragrostis cilianensis* Stinkgrass Eragrostis parviflora Weeping Lovegrass Eriochloa australiensis Spring Grass 1 Eriochloa crebra Cup Grass 1 Eriochloa pseudoacrotricha Early Spring Grass 1 Lachnagrostis filiformis Blown Grass 2 2 Panicum buncei Native Panic 3 2 Paspalidium constrictum Box Grass 4 3 Paspalidium jubiflorum Warrego Summer Grass Sporobolus actinocladus Katoora Grass Sporobolus caroli Fairy Grass 1 Triticum aestivum* Common Wheat 1 Polygonaceae Muehlenbeckia florulenta Lignum Portulacaceae Portulaca oleracea Common Pigweed Proteaceae Hakea leucoptera Needlewood Sapindaceae Atalaya hemiglauca Whitewood Alectryon oleifolius Western Rosewood Scrophulariaceae Verbascum virgatum * Twiggy Mullein Solanaceae Solanum nigrum* Blackberry Nightshade Zygophyllaceae Tribulus minutus Caltrop * Introduced species # Only dominant species in each strata recorded 15 3 1 4 1 1 1 1 2 3 1 2 3 3 2 2 1 Attachment 6: Photographs of Quadrats on Lot 58 in DP753476 – “Mumblebone” PLATE 1: Quadrat 1 within the area cleared. Stacks of pushed timber are visible in the background as is remnant Myall (Acacia pendula) Woodland adjoining the western boundary [E0559602 / N6525944 (datum WGS84)] PLATE 2: Quadrat 2 within Myall (Acacia pendula) Woodland adjoining the eastern boundary of the cleared area [E0560688 / N6525950 (datum WGS84)] PLATE 3: Quadrat 3 within Myall (Acacia pendula) Woodland adjoining the western boundary of the area cleared [E0559400 / N6526009 (datum WGS84)] 16