September 2020 Report No. 19132 (1.1)
185 Maxwell Road, Fingal – Native Vegetation Assessment Report No.
19132 (1.1)
Page | ii
3.1. Local planning provisions
.............................................................................................
5
3.2. Overlays
.....................................................................................................................
5
3.3.1. Exemptions
..........................................................................................................
5
3.4. EPBC Act
.....................................................................................................................
6
4.1. Existing information
.....................................................................................................
7
4.1.2. Native vegetation
..................................................................................................
7
4.1.3. Listed matters
......................................................................................................
7
4.2. Field methods
.............................................................................................................
7
4.2.1. Native vegetation
..................................................................................................
8
4.2.3. Threatened ecological communities
........................................................................
9
4.3. Limitations of field assessment
.....................................................................................
9
5. Assessment results
.........................................................................................
10
5.1. Site description
.........................................................................................................
10
5.2. Native vegetation
......................................................................................................
10
5.3. Flora species
.............................................................................................................
15
5.3.1. Species recorded
................................................................................................
15
5.3.2. Listed species
.....................................................................................................
15
6.1. Proposed native vegetation removal
...........................................................................
18
6.1.1. Modelled species important habitat
......................................................................
18
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7.1. Summary of planning implications
..............................................................................
21
7.2. Implications under the Guidelines
...............................................................................
21
7.2.1. Avoid and minimise statement
.............................................................................
21
7.3. EPBC Act
...................................................................................................................
21
7.4. CaLP Act
...................................................................................................................
22
8.1. Weed
control.............................................................................................................
23
8.3. Fire management
......................................................................................................
25
Tables
Table 1: Description of habitat zones in the study area
.............................................................
11
Table 2: Summary of habitat hectare assessment results
.......................................................... 13
Table 3: Listed flora species and the likelihood of their
occurrence in the study area ................... 16
Table 4: Recommended planting guide – Coastal Alkaline Scrub (EVC
858) ................................ 25
Figures
Figure 2: Proposed native vegetation removal
..........................................................................
19
Appendices
Appendix 1: Details of the assessment process in accordance with
the Guidelines for the removal,
destruction or lopping of native vegetation (DELWP 2017a)
............................................... 28
Appendix 2: Detailed habitat hectare assessment results
...........................................................
32
Appendix 3: Flora species recorded in the study area
................................................................
33
Appendix 4: Photographs of native vegetation
..........................................................................
34
Appendix 5: EVC benchmarks
..................................................................................................
38
185 Maxwell Road, Fingal – Native Vegetation Assessment Report No.
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Appendix 7: Native Vegetation Removal Report
........................................................................
43
Appendix 8: Evidence that native vegetation offset requirement is
available ............................... 50
Appendix 9: Nepean and Mornington Peninsula Planting Guides
................................................. 54
185 Maxwell Road, Fingal – Native Vegetation Assessment Report No.
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1. Executive summary
Nature Advisory Pty Ltd undertook a native vegetation assessment of
a 5-hectare property in Fingal, a property proposed for the
development of a winery, cellar door and vineyard.
This report presents the information relevant to native vegetation
on the property to accompany a
planning permit application under Clause 52.17 of the Mornington
Peninsula Planning Scheme, in
accordance with the Guidelines for the removal, destruction or
lopping of native vegetation (DELWP
2017a), herein referred to as 'the Guidelines'.
The following native vegetation was recorded in the study
area:
11 patches of native vegetation (EVC 858 – Coastal Alkaline Scrub),
totalling 1.934 hectares.
No large trees in patches or scattered trees were recorded.
No listed flora species were found during the field survey. One
listed species, Leafy Greenhood, was
considered to have the potential to occur, but the density of
shrubs, groundcovers and introduced
grasses indicates unsuitable habitat.
The proponent proposed to remove the following vegetation:
0.392 hectares of native vegetation in patches (including no large
trees).
The application site lies within Location 1. As such, the proposal
will be assessed under the Basic
assessment pathway. This would not trigger a referral to
DELWP.
The following offsets will be required to compensate for this
removal of native vegetation:
0.230 general habitat units and must include the following offset
attribute requirements:
Minimum strategic biodiversity value (SBV) of 0.567; and
Occur within the North Central CMA boundary or the Greater Bendigo
City municipal
district.
These offsets will be acquired via third-party, and must be secured
prior to any native vegetation removal.
The Native Vegetation Removal (NVR) report for this proposed
removal is provided in the
appendices. The table below summarises the compliance of the
information in this report with the
relevant application requirements of the Guidelines (DELWP
2017a).
Application requirement Response
1. Information about the native vegetation to be removed. See
Section 5.2 and 6.1.
2. Topographic and land information relating to the native
vegetation to be removed. See Section 5.1.
3. Recent, dated photographs of the native vegetation to be
removed. See Appendix 4.
185 Maxwell Road, Fingal – Native Vegetation Assessment Report No.
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removed, or that was removed without the required
approvals, on the same property or on contiguous land in
the same ownership as the applicant, in the five-year
period before the application for a permit is lodged.
Not applicable.
6.
A copy of any Property Vegetation Plan contained within an
agreement made pursuant to section 69 of the
Conservation, Forests and Lands Act 1987 that applies to
the native vegetation to be removed.
Not applicable.
defendable space, a written statement explaining why the
removal of native vegetation is necessary.
This statement is not required when the creation of
defendable space is in conjunction with an application
under the Bushfire Management Overlay.
The proposed developed and
under the Bushfire Management
If the application is under Clause 52.16, a statement that
explains how the proposal responds to the Native
Vegetation Precinct Plan considerations (at decision
guideline 8).
Not applicable.
be removed has been identified and can be secured in
accordance with the Guidelines.
See Appendix 8.
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2. Introduction
Chapter Industries Pty Ltd engaged Nature Advisory Pty Ltd to
conduct a native vegetation
assessment of a 5-hectare property in Fingal. The specific area
investigated, referred to herein as
the ‘study area’, comprised land at 185 Maxwell Road, Fingal. This
investigation was undertaken to
inform potential development layout considerations for a proposed
cellar, wine tasting facility and
vineyard.
Specifically, this investigation was commissioned to provide
information on the extent and condition
of native vegetation retrospectively removed in the study area
according to Victoria’s Guidelines for
the removal, destruction or lopping of native vegetation (DELWP
2017a), herein referred to as ‘the
Guidelines’, as well as any potential impacts on flora and/or
ecological communities listed under the
Commonwealth Environment Protection and Biodiversity Conservation
Act 1999 (EPBC Act).
The scope of the investigation included:
Review of existing information on the flora and native vegetation
of the study area and
surrounds, including:
DELWP Native Vegetation Information Management system (NVIM).
A site survey involving:
Characterisation and mapping of native vegetation on the site, as
defined in Victoria’s Guidelines for the removal, destruction or
lopping of native vegetation (the ‘Guidelines’);
Assessment of native vegetation in accordance with the Guidelines,
including habitat hectare assessment and/or scattered tree
assessment;
Compilation of a flora species list for the site;
Assessment of the likelihood of occurrence of EPBC Act listed flora
and vegetation communities on the site; and
Assessment and mapping of extent of vegetation removed.
This report is divided into the following sections:
Section 3 provides the legislative background including details of
relevant legislation and policies.
Section 4 describes the sources of information, including the
methods used for the field survey.
Section 5 presents the assessment results, including details of the
native vegetation and flora of
the study area.
Section 6 discusses the proposed impacts of the project.
Section 7 details the implications of the findings under the
relevant legislation and policy.
Section 8 provides guidance on future management of retained
patches of native vegetation.
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This investigation was undertaken by a team from Nature Advisory
comprising Chris Armstrong
(Botanist), Emma Barnett (Botanist), Emily Baldwin (Botanist) and
Chris Dunk (Senior Ecologist &
Project Manager).
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This investigation and report address relevant legislation and
planning policies that protect
biodiversity on this property. Local, state and Commonwealth
controls are summarised below.
3.1. Local planning provisions
The study area is located within the Mornington Peninsula local
government area. It is currently
zoned General Residential Zone 4 (GRZ4).
The study area is located within a Bushfire-prone Area.
Local planning provisions apply under the Victorian Planning and
Environment Act 1987.
3.2. Overlays
The study area is subject to the following overlays in the
Mornington Peninsula Planning Scheme:
Bushfire Management Overlay (BMO)
The implications of the BMO are outside the scope of this
investigation. However, a Bushfire
Management Statement would be required to consider the obligations
to achieve defendable
space around proposed buildings in the development layout.
Environmental Significance Overlay (ESO15 & ESO23)
These overlays aim to protect the stability of semi stabilised
dunes (The Cups). A permit is
not required under these overlays for the removal of any vegetation
beyond the requirements
under Clause 52.17 of the Mornington Peninsula Planning
Scheme.
Vegetation Protection Overlay (VPO2).
This overlay aims to protect treelines within roadside reserves
around the townships of the
Mornington Peninsula, for conservation of biodiversity values as
well as landscape character.
A permit is required under VPO2 for the removal of any vegetation
within this overlay.
The property is also within an area of Aboriginal Cultural Heritage
Sensitivity which may need to be
considered in the application process.
3.3. State planning provisions
State planning provisions are established under the Victorian
Planning and Environment Act 1987.
Clause 52.17 of all Victorian Planning Schemes states that:
A permit is required to remove, destroy or lop native vegetation,
including dead native vegetation.
A permit is not required if:
If an exemption in Table 52.17-7 specifically states that that a
permit is not required.
If a native vegetation precinct plan corresponding to the land is
incorporated into the
planning scheme and listed in the schedule to Clause 52.16.
If the native vegetation is specified in a schedule to Clause
52.17.
3.3.1. Exemptions
Exemptions listed in Table 52.17-7 relevant to the study area
include:
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Dead native vegetation: Native vegetation that is dead is exempt
and does not require a
planning permit. This does not apply to a standing dead tree with a
trunk diameter of 40
centimetres or more at a height of 1.3 metres above ground level.
As such, any dead trees
with DBH of 40 centimetres or more have been included in the tree
data collected for this
investigation.
Planted vegetation: Native vegetation that is to be removed,
destroyed or lopped that was
either planted or grown as a result of direct seeding. This
exemption does not apply to native
vegetation planted or managed with public funding for the purpose
of land protection or
enhancing biodiversity.
3.3.2. Application requirements
Any application to remove, destroy or lop native vegetation must
comply with the application
requirements specified in the Guidelines (DELWP 2017a).
When assessing an application, Responsible Authorities are also
obligated to refer to Clause 12.01-
2 (Native vegetation management) in the Planning Scheme which in
addition to the Guidelines,
refers to the following:
Assessor’s handbook – applications to remove, destroy or lop native
vegetation (Version 1.1)
(DELWP 2018a).
Statewide biodiversity information maintained by DELWP.
The application of the Guidelines (DELWP 2017a) are explained
further in Appendix 1.
3.3.3. Referral to DELWP
Clause 66.02-2 of the planning scheme determines the role of DELWP
in the assessment of native
vegetation removal permit applications. If an application is
referred, DELWP may make certain
recommendations to the responsible authority in relation to the
permit application.
Any application to remove, destroy or lop native vegetation must be
referred to DELWP if:
The impacts to native vegetation are in the Detailed Assessment
Pathway;
A property vegetation plan applies to the site; or
The native vegetation is on Crown land which is occupied or managed
by the responsible
authority.
The Environment Protection and Biodiversity Conservation Act 1999
(EPBC Act) protects a number
of threatened species and ecological communities that are
considered to be of national conservation
significance. Any significant impacts on these species require the
approval of the Australian Minister
for the Environment.
Implications under the EPBC Act for the current proposal are
discussed in Section 7.3.
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4.1. Existing information
4.1.1. Existing reporting and documentation
The existing documentation below, relating to the study area was
reviewed.
Mornington Peninsula Planning Scheme
Pre-1750 (pre-European settlement) vegetation mapping administered
by DELWP was reviewed to
determine the type of native vegetation likely to occur in the
study area and surrounds. Information
on Ecological Vegetation Classes (EVCs) was obtained from published
EVC benchmarks. These
sources included:
Relevant EVC benchmarks for the Gippsland Plain bioregion1 (DSE
2004a); and
NatureKit (DELWP 2019a).
4.1.3. Listed matters
Existing flora species records and information about the potential
occurrence of listed matters was
obtained from an area termed the ‘search region’, defined here as
an area with a radius of five
kilometres from the approximate centre point of the study area
(coordinates: latitude 38° 25’ 22” S
and longitude 144° 52’ 5” E).
A list of the flora species recorded in the search region was
obtained from the Victorian Biodiversity
Atlas (VBA), a database administered by DELWP.
The online EPBC Act Protected Matters Search Tool (DEE 2019a) was
consulted to determine whether
nationally listed species or communities potentially occurred in
the search region based on habitat
modelling.
4.2. Field methods
The field assessment was conducted on the 31st October, 2019.
During this assessment, the study
area was surveyed in detail on foot.
Sites in the study area found to support native vegetation were
mapped through a combination of
aerial photograph interpretation and ground-truthing using a
hand-held GPS (accurate to
approximately five metres). Species and ecological communities
listed as threatened under the EPBC
Act were mapped using the same method.
1 A bioregion is defined as “a geographic region that captures the
patterns of ecological
characteristics in the landscape, providing a natural framework for
recognising and responding to
biodiversity values”. In general bioregions reflect underlying
environmental features of the landscape
(DNRE 1997).
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4.2.1. Native vegetation
Native vegetation is currently defined in Clause 73.01 of all
Victorian planning schemes as ‘plants
that are indigenous to Victoria, including trees, shrubs, herbs and
grasses’. The Guidelines (DELWP
2017a) further classify native vegetation as belonging to two
categories:
Patch; or
Scattered tree.
The definitions of these categories are provided below, along with
the prescribed DELWP methods
to assess them. Further details on definitions of patches and
scattered trees are provided in Appendix
1.
Patch
A patch of native vegetation is either:
An area of vegetation where at least 25 per cent of the total
perennial understorey plant
cover is native; or
Any area with three or more native canopy trees2 where the drip
line3 of each tree touches
the drip line of at least one other tree, forming a continuous
canopy; or
Any mapped wetland included in the Current wetlands map, available
at MapShareVic
(DELWP 2019b).
Patch condition is assessed using the habitat hectare method
(Parkes et al. 2003; DSE 2004b)
whereby components of the patch (e.g. tree canopy, understorey and
ground cover) are assessed
against an EVC benchmark. The score effectively measures the
percentage resemblance of the
vegetation to its original condition.
The Native Vegetation Information Management (NVIM) system (DELWP
2019c) provides modelled
condition scores for native vegetation to be used in certain
circumstances.
Scattered tree
A scattered tree is:
A native canopy tree2 that does not form part of a patch.
Scattered trees are counted and mapped, the species identified and
their circumference at 1.3 m
above the ground is recorded.
4.2.2. Flora species and habitats
Records of flora species were made in conjunction with sampling
methods used to undertake habitat
hectare assessments of native vegetation described above. Specimens
requiring identification using
laboratory techniques were collected.
2 A native canopy tree is a mature tree (i.e. it is able to flower)
that is greater than 3 metres in height and is normally found in
the upper layer of the relevant vegetation type. 3 The drip line is
the outermost boundary of a tree canopy (leaves and/or branches)
where the water drips on to the ground.
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Species protected under the FFG Act were determined by
crosschecking against the FFG Act
Protected Flora List (DELWP 2017b).
The potential for habitats to support listed flora species was
assessed based on the criteria outlined
below:
The presence of suitable habitat for flora species such as soil
type, floristic associations and
landscape context; and
The level of disturbance of suitable habitats by anthropogenic
disturbances and invasions by
pest plants and animals.
Wherever appropriate, a precautionary approach was adopted in
determining the likelihood of
occurrence or flora listed under the EPBC Act and/or FFG Act. That
is, where insufficient evidence
was available on the potential occurrence of a listed species, it
is assumed that it could be in an area
of suitable habitat.
4.2.3. Threatened ecological communities
The study area was assessed against published descriptions of
relevant listed ecological communities
modelled to potentially occur in the study area.
Reviewed ecological community descriptions comprised identification
criteria and condition
thresholds from listing advice for EPBC Act communities.
4.3. Limitations of field assessment
The site assessment was carried out in spring. The short duration
and seasonal timing of field
assessments can result in some species not being detected when they
may occur at other times.
Additionally, some flora species and life-forms may be undetectable
at the time of the survey or
unidentifiable due to a lack of flowers or fruit.
The timing of the survey and condition of vegetation was otherwise
considered suitable to ascertain
the extent and condition of native vegetation.
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5. Assessment results
5.1. Site description
The study area for this investigation (Figure 1) was 1.2 hectares
of private land located at Fingal,
approximately 70 kilometres south of Melbourne’s CBD. It was
bordered by Maxwell Road to the
north, residential properties to the east and west, and farmland
contiguous with Gunnamatta Beach
Coastal Reserve to the south.
The study area supported dune soils on an undulating landscape.
Historically it has been cleared for
the construction of dwellings and cultivation, which has resulted
in a mosaic of remnant vegetation
remaining throughout the property, in conjunction with an orchard,
vegetable production, flower
growing and areas of pasture. Surrounding land was predominantly
occupied by large residential
properties to the north, northeast and northwest which retained a
mosaic of remnant vegetation,
while most of the land to the southeast, south and southwest was
almost exclusively pasture.
Vegetation in the study area consisted of coastal alkaline scrub of
varied quality with a sparse canopy
cover, primarily comprising Coast Tea-tree but also featuring
Moonah and Coast Beard-heath. The
understory shrub layer was typically dominated by immature canopy
species as well as Seaberry
Saltbush, Coast Wattle and Thyme Rice-flower. Introduced elements
such as Myrtle-leaf Milkwort,
Sweet Pittosporum, African Box-thorn and planted eucalypts occurred
throughout. The ground layer
was dominated by the native scrambler Bower Spinach, which covered
a dense layer of fallen/dead
vegetation that once would have comprised the canopy. Pasture
grasses such as Wild Oat, Rye Grass
and Annual Veldt-grass occurred at high cover throughout the native
vegetation patches, in areas
of exposed ground. Isolated area dominated by native grasses
occurred along the fringes of some
of these patches.
planted eucalypts with a maintained lawn understory.
Native vegetation along the study area’s western boundary was
contiguous with a large patch to the
west.
The study area lies within the Gippsland Plain bioregion and falls
within the Port Phillip and
Westernport CMA.
5.2.1. Patches of native vegetation
Pre–European EVC mapping (DELWP 2019a) indicated that prior to
European settlement the study area and surrounds would have
supported Coastal Alkaline Scrub (EVC 858).
Evidence on site, including floristic composition and soil
characteristics, suggested that Coastal Alkaline Scrub (EVC 858)
was present throughout the study area (Figure 1). A description of
this EVC is provided within the EVC benchmarks in Appendix 5.
Eleven patches (referred to herein as habitat zones) comprising the
abovementioned EVC were
identified in the study area (Table 1). These totalled an area of
1.93 hectares of native vegetation
in patches.
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Table 1: Description of habitat zones in the study area
Habitat
A moderate- to high-quality patch with a canopy cover
primarily
comprising Coast Tea-tree, as well as Moonah and Drooping
Sheoak
(15% total cover).
The understory shrub layer was typically dominated (40% cover)
by
the native species Coast Tea-tree, Coast Beard-heath and
Seaberry
Saltbush with the introduced Myrtle-leaf Milkwort, Montpellier
Broom
and planted eucalypts occurring throughout.
The ground layer was dominated by the native scramblers Bower
Spinach and Small-leaved Clematis (5% cover) and the
introduced
species Common Dipogon and Bridal Creeper. These species
covered
a dense layer of fallen dead vegetation (95% cover of organic
litter),
which would have once comprised the canopy.
Native grasses (Rough Spear-grass and Wallaby Grass) occurred
on
the fringes at a low cover (2%) with introduced species such
as
Annual Veldt-grass, Rye Grass and Wild Oat dominating exposed
areas.
This patch extends into the road reserve to the north.
B Coastal Alkaline
Scrub (EVC 858)
A moderate-quality patch with a canopy cover primarily
comprising
Coast Tea-tree, as well as Moonah and Coast Wirilda (10%
total
cover).
The understory shrub layer was typically dominated (40% cover)
by
the native species Coast Tea-tree, Coast Beard-heath,
Seaberry
Saltbush and Thyme Rice-flower, with the introduced
Myrtle-leaf
Milkwort, Sweet Pittosporum and planted eucalypts occurring
throughout.
The ground layer was dominated by the native scramblers Bower
Spinach and Small-leaved Clematis (5% total cover) and the
introduced species, Bridal Creeper. These covered a dense layer
of
fallen dead vegetation (85% cover of organic litter), which
would
have once comprised the canopy. Exotic grasses such as Annual
Veldt-grass, Rye Grass and Wild Oat dominated exposed areas
particularly along the fringes. This habitat zone forms a larger
patch
extending into the neighbouring property and the road reserve to
the
north and west.
C Coastal Alkaline
Scrub (EVC 858)
A highly modified patch solely featuring the canopy species Coast
Tea-
tree, Drooping Sheoak and Coast Beard-heath (35% canopy
cover).
The understory comprised maintained exotic grasses.
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Scrub (EVC 858)
Moderate to high quality patches with a canopy cover
primarily
comprising Coastal Tea-tree, as well as Moonah and Coast Wirilda
at
low cover (5%).
The understory shrub layer was typically dominated by the
native
species Coast Tea-tree, Coast Beard-heath, Seaberry Saltbush
and
Thyme Rice-flower (35% total cover) with the introduced
Myrtle-leaf
Milkwort, Italian Buckthorn and planted eucalypts occurring
throughout.
The ground layer was dominated by the native scramblers Bower
Spinach and Small-leaved Clematis (15% cover) and the
introduced
species, Bridal Creeper. These covered a dense layer of fallen
dead
vegetation (65% cover of organic litter), which would have
once
comprised the canopy. Introduced grasses such as Annual
Veldt-
grass, Rye Grass, Toowoomba Canary-grass and Wild Oat
dominated
exposed areas, particularly along the fringes.
E, F Coastal Alkaline
Coast Tea-tree (40%).
The understory shrub layer was typically dominated by the
native
species Coast Tea-tree, Coast Wattle, Coast Beard-heath and
Seaberry Saltbush (35% total cover) with the introduced
Myrtle-leaf
Milkwort and African Boxthorn occurring throughout.
The ground layer was dominated by the native scramblers Bower
Spinach and Small-leaved Clematis (10% cover) and the
introduced
species Bridal Creeper and Common Dipogon. These all covered
a
dense layer of fallen dead vegetation (60% cover of organic
litter),
which would have once comprised the canopy. Introduced
grasses
such as Annual Veldt-grass, Rye Grass and Wild Oat dominated
exposed areas, particularly along the fringes. These patches
extend
along the southern fence-line and offer a wind break from the
cleared
farmland adjacent.
A low-quality patch occurring beneath planted Eucalyptus species
and
lacking a native canopy cover. The native elements of this
patch
comprised Coast Tea-tree and Coast Wattle (30% cover), with
Bower
Spinach covering a dense layer of fallen vegetation (5%
cover).
J, K Coastal Alkaline
Coast Tea-tree and Coast Beard-heath surrounded by introduced
grasses such as Wild Oat.
The habitat hectare assessment results for these habitat zones are
provided in Table 2. More detailed
habitat scoring results are presented in Appendix 2. Details of
large trees in patches are provided in
Appendix 3.
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(out of 100)
www.natureadvisory.com.au
Project: 185 Maxwell Road, Fingal
Client: Chapter Industries Pty Ltd
Date: 08/11/2019
19132 - Created by: nm - E:\GIS\2019
Jobs\19132\19132_191031.mxd
0 30
Metres
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5.3. Flora species
5.3.1. Species recorded
During the field assessment 40 plant species were recorded. Of
these, 16 (40%) were indigenous
and 24 (60%) were introduced or non-indigenous native in origin
(Appendix 3).
5.3.2. Listed species
VBA records (DELWP 2019c) and the EPBC Protected Matters Search
Tool (DEE 2019a) indicated
that within the search region there were records of, or there
occurred potential suitable habitat for,
two species listed under the Commonwealth EPBC Act. No flora
species listed under the EPBC Act
were recorded during the field survey.
The likelihood of occurrence in the study area of species listed
under the EPBC Act is addressed in
Table 3. Species considered ‘likely to occur’ are those that have a
very high chance of being in the
study area based on numerous records in the search region and
suitable habitat in the study area.
Species considered to have the ‘potential to occur’ are those for
which suitable habitat exists, but
recent records are scarce.
This analysis indicates that one listed flora species is likely to
occur or has the potential to occur:
Leafy Greenhood
5.4. Listed ecological communities
The EPBC Protected Matters Search Tool (DEE 2019a) indicated that
the following three ecological
communities listed under the EPBC Act had the potential to occur in
the search region:
Natural Damp Grassland of the Victorian Coastal Plains (Critically
Endangered)
This community does not occur in the study area as no grassland was
present.
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Table 3: Listed flora species and the likelihood of their
occurrence in the study area
Common name Scientific name EPBC FFG Habitat No. of
records
River Swamp
billabongs, dams and roadside ditches. The species
requires moderately fertile soils with some bare ground;
conditions that are caused by seasonally-fluctuating water
levels (DEE 2019).
nearby records - Unlikely to
heathy woodlands between the Mornington Peninsula and
Yarram, on well-drained sandy soil
None N/A
nearby records - Unlikely to
Occurs in heathy, grassy Manna Gum woodland on deep
sandy loamy soils (TSSC 2016).
20 13/08/15 No suitable habitat -
Unlikely to occur
Grows in heathland and heathy woodland on sand and in
open forest. Prefers environments where light levels are
very high. Habitats suitable for the Purple Eyebright are
prone to fire or periodic inundation by water, including open
grassland, grassy woodland, heath in perched swamps and
heathy woodland (DEE 2019).
Unlikely to occur
Clover Glycine Glycine
latrobeana VU L
dry sclerophyll forests, woodlands and low open woodlands
with a grassy ground layer. In Victoria, populations occur in
lowland grasslands, grassy woodlands and sometimes in
grassy heath (DEE 2019).
recent nearby records -
Unlikely to occur
Grows mainly in open sedge swampland or in wet grassland
and wet heathland generally bordering swampy regions.
Sites are generally low altitude, flat and moist. Soils are
generally moderately rich damp sandy or black clay
loams. Climate is mild, with an annual rainfall of 600–
1100 mm, occurring predominantly in winter and spring
(DEE 2019).
None N/A
nearby records - Unlikely to
seasonally waterlogged (Duncan 2010).
nearby records - Unlikely to
occur
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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Page | 17
records
Green-striped
Greenhood
Pterostylis
component on sandy or clay loam soils (Duncan et al
2009).
nearby records - Unlikely to
Tea-tree scrubs on tall sandy and calcareous dunes, in
moist, open or even deep shaded locations (Jones 1994). 9 15/06/05
Potential to occur
Swamp Fireweed Senecio
between Wallan, about 45 km north of Melbourne, and
Honans Scrub in south-eastern South Australia (TSSC
2008).
nearby records - Unlikely to
occur
Notes: EPBC = threatened species status under EPBC Act (EN =
endangered; VU = vulnerable).
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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6. Proposed development impacts
The current proposal will involve construction of a winery, cellar
door and vineyard.
To determine impacts to native vegetation, the proposed development
plan was overlaid
with the native vegetation mapped as part of this investigation.
Native vegetation occurring
in the following locations was considered to be removed based on
the proposed plan:
Direct removal:
Native vegetation within all proposed driveways
Consequential removal:
construction rating of BAL-29
6.1. Proposed native vegetation removal
The current development plan for the winery, cellar door and
vineyard, and associated
defendable space requirements, will result in the loss of a total
extent of 0.392 hectares of
native vegetation as represented in Figure 2 and documented in the
Native Vegetation
Removal (NVR) report provided by DELWP (Appendix 7).
This comprised:
0.392 hectares of native vegetation in patches (including no large
trees in patches).
No scattered trees or mapped wetlands will be impacted.
The native vegetation to be removed is not in an area mapped as an
endangered Ecological
Vegetation Class.
It is understood that no native vegetation has been approved for
removal on the property
within the last five years.
Photographs of native vegetation proposed for removal are provided
in Appendix 4.
6.1.1. Modelled species important habitat
The current proposal footprint will not have a significant impact
on any habitat for any rare
or threatened species as determined in Appendix 7.
PO Box 337, Camberwell, VIC 3124, Australia
www.natureadvisory.com.au 03 9815 2111 -
[email protected]
Figure 2: Defendable space
Date: 21/09/2020
Maxwell Rd
Native vegetation to be removed
19132 - Created by: nm - E:\GIS\2019 Jobs\19132\19132 FIG 2
Defendable space 200731.mxd
0 30
Metres
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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6.2. Assessment pathway
The assessment pathway is determined by the location category and
the extent of native
vegetation as detailed for the study area as follows:
Location Category: Location 1
Extent of native vegetation: A total of 0.392 hectares of native
vegetation (including
no large trees).
Based on these details, the Guidelines stipulate that the proposal
is to be assessed under
the Basic assessment pathway.
This proposal would not trigger a referral to DELWP based on the
criteria specified in
Section 3.3.3.
6.3. Offset requirements
Offsets required to compensate for the proposed removal of native
vegetation from the
study area are provided below.
0.230 general habitat units and must include the following offset
attribute requirements:
Minimum strategic biodiversity value (SBV) of 0.567
Occur within the Port Phillip and Westernport CMA boundary or the
Mornington
Peninsula Shire municipal district.
Under the Guidelines all offsets must be secured prior to the
removal of native vegetation.
6.4. Offset statement
The offset target for the current proposal will be achieved via a
third-party offset.
An online search of the Native Vegetation Credit Register (NVCR)
has shown that the
required offset is currently available for purchase from a native
vegetation credit owner
(DELWP 2020e).
Evidence that the required offset is available is provided in
Appendix 8. The required offset
would be secured following approval of the application to remove
native vegetation.
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7.1. Summary of planning implications
A planning permit under Clause 52.17 of the Mornington Peninsula
Planning Scheme will
be required for the removal of any native vegetation from the study
area.
7.2. Implications under the Guidelines
7.2.1. Avoid and minimise statement
In accordance with the Guidelines, all applications to remove
native vegetation must
provide an avoid and minimise statement which details any efforts
undertaken to avoid the
removal of, and minimise the impacts on biodiversity and other
values of native vegetation,
and how these efforts focussed on areas of native vegetation that
have the most value.
Efforts to avoid and minimise impacts to native vegetation in the
current application are
presented as follows:
Site level planning – The owner of the property has engaged
professional advice
from Nature Advisory (2019) to determine the extent and condition
of native
vegetation on the property. Based on this information, the
development design and
layout has been aligned to minimise impacts on native vegetation by
situating the
building between remnant patches and avoiding and retaining areas
of high-quality
native vegetation (Section 8 – Design Recommendations, Nature
Advisory 2019). In
addition, the proposed vineyard will be set back 10 metres from the
southern
boundary to avoid and minimise impacts habitat zones F1 and E1
respectively.
Furthermore, the proposed building will be constructed to a BAL-29
construction
rating to minimise impacts to native vegetation for the creation of
defendable space.
The landowner has also committed to undertake measures to manage
and improve
remaining areas of native vegetation, as detailed in Section 8
below.
Furthermore, although there are areas on the property with no
native vegetation,
these are more suited (in topography, aspect and practicality) to
the cultivation
requirements of the proposed vineyard, and siting of the cellar
door and winery
elsewhere would greatly undermine the aesthetic and commercial
appeal and
viability of the proposal.
7.3. EPBC Act
The EPBC Act protects a number of threatened species and ecological
communities that are
considered to be of national conservation significance. Any
significant impacts on these
species require the approval of the Australian Minister for the
Environment.
If there is a possibility of a significant impact on nationally
threatened species or
communities or listed migratory species, a Referral under the EPBC
Act should be
considered. The Minister will decide after 20 business days whether
the project will be a
‘controlled action’ under the EPBC Act, in which case it cannot be
undertaken without the
approval of the Minister. This approval depends on a further
assessment and approval
process (lasting between three and nine months, depending on the
level of assessment).
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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The analysis of the likelihood of occurrence of listed flora
species presented in Section 5.3.2
identified that the following species could be impacted by any
development in the study
area:
Leafy Greenhood
Although this species is known to occur in the area and inhabits
vegetation with a similar
canopy structure and species composition to that observed in the
study area, it requires an
open understorey. The density of shrubs, groundcovers and
introduced grasses present
indicate unsuitable conditions for the presence of Leafy Greenhood
(DSE 2003). Therefore,
this species is highly unlikely to occur in the study and therefore
unlikely to be impacted.
The proposed development is therefore unlikely to result in a
significant impact on any
EPBC Act-listed values.
7.4. CaLP Act
The Catchment and Land Protection Act 1994 (CaLP Act) requires that
land owners (or a
third party to whom responsibilities have been legally transferred)
must prevent the growth
and spread of regionally controlled weeds.
In accordance with the Catchment and Land Protection Act 1994, the
following noxious
weed species, which were recorded in the study area, must be
controlled:
African Box-thorn
Precision control methods that minimise off-target kills (e.g. spot
spraying) should be used
in environmentally sensitive areas (e.g. within or near native
vegetation, waterways, etc.).
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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8. Future management strategies
It is recommended that photos are taken prior to any future works
within patches of native vegetation, as a record of what was
removed.
8.1. Weed control
Weed control should be conducted prior to and post replanting to
facilitate the natural
growth and recruitment of native vegetation. Weed presence should
be continually
monitored to determine the necessity and timing of management
actions, and adapted
accordingly.
Woody weeds should be controlled by using the cutting and painting
method on mature
plants and spot-spraying of seedlings with an appropriate
herbicide.
Herbaceous and grassy weeds should be spot-sprayed with an
appropriate herbicide as
soon as possible.
It was observed that the woody weed, Myrtle-leaf Milkwort, is
germinating en masse.
Therefore, continual spraying is required within the coming months,
to prevent the high
amount of potential recruitment from supressing revegetation
efforts.
Hand weeding may be required in more intact areas where herbicide
application poses off-
target damage risk. Weeds recorded on site considered high threat
are detailed in Table 3
below.
Grass biomass should be reduced around native patches by mowing or
the use of an
appropriate herbicide. Cautious spot spraying or hand weeding
within these patches is
recommended to encourage recruitment and the possible emergence of
species such as
native herbs and orchids which may be suppressed by the dense
vegetative cover.
8.2. Construction mitigation recommendations
below.
be retained prior to works.
Establish appropriate tree protection zones around scattered native
trees to be retained
prior to works.
Ensure all construction personnel are appropriately briefed prior
to works, and that no
construction personnel, machinery or equipment are placed inside
vegetation/tree
protection zones.
A suitably qualified zoologist should undertake a pre-clearance
survey of trees to be
removed in the week prior to removal to identify the presence of
any nests or hollows.
If considered necessary, suitably qualified zoologist should be on
site during any tree
removal works to capture and relocate and misplaced fauna that may
be present.
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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Woody /Non-woody Common Name Scientific name Control Method
Timing
Woody Sweet Pittosporum Pittosporum undulatum
Cut and paint mature plants using an
appropriate herbicide. Spot-spray
Autumn & Spring
Cut and paint mature plants using an
appropriate herbicide. Spot-spray
Autumn & Spring
Cut and paint mature plants using an
appropriate herbicide. Spot-spray
Autumn & Spring
out Rhizomes.
All year
Non-woody Common Dipogon Dipogon lignosus Spot-spray foliage with
an appropriate
herbicide. Autumn & Spring
Non-woody Pasture Grasses
herbicide.
All year
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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8.3. Fire management
The fire risk the vegetation on the property poses can be mitigated
by the removal of dead native
vegetation from the property, under the following exemption of
clause 52.17 of the Mornington
Peninsula planning scheme.
Dead native vegetation: Native vegetation that is dead is exempt
and does not require a
planning permit. This does not apply to a standing dead tree with a
trunk diameter of 40
centimetres or more at a height of 1.3 metres above ground
level.
It is recommended that some branches and larger logs are retained
to provide habitat for both flora
and fauna species of the Mornington Peninsula.
8.4. Revegetation
Suitable indigenous species to use for planting have been
determined based on the benchmark
description for Coastal Alkaline Scrub (EVC 858) (Appendix 3), in
conjunction with species
composition in adjoining remnant patches. Planting density was
calculated for the site based on the
Victorian Department of the Environment, Land, Water and Planning’s
(DELWP) revegetation
planting standards (DSE 2006, Table 4). Council planting guides
have also been attached (appendix
8).
Table 4: Recommended planting guide – Coastal Alkaline Scrub (EVC
858)
Lifeform Category Lifeform density
Canopy Shrubs 1.5
serpyllifolia
Herbs 5
Small-leaved Clematis Clematis microphylla s.l.
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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Grasses 10
Black-anther Flax-lily Dianella revoluta s.l
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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9. References
Department of Environment, Land, Water and Planning (DELWP) 2017a,
Guidelines for the removal,
destruction or lopping of native vegetation (dated December 2017),
Department of
Environment, Land, Water and Planning, East Melbourne,
Victoria.
Department of Environment, Land, Water and Planning (DELWP) 2018a,
Assessor’s Handbook –
Applications to remove, destroy or lop native vegetation (Version
1.1, dated October 2018),
Department of Environment, Land, Water and Planning, East
Melbourne, Victoria.
Department of Environment, Land, Water and Planning (DELWP) 2019a,
NatureKit, Department of
Environment, Land, Water and Planning, East Melbourne, Victoria,
viewed 8th November 2019.
Department of Environment, Land, Water and Planning (DELWP) 2019b,
MapShareVic, Department
of Environment, Land, Water and Planning, East Melbourne, Victoria,
viewed 8th November
2019.
Department of Environment, Land, Water and Planning (DELWP) 2019c,
Native Vegetation
Information Management system, Department of Environment, Land,
Water and Planning, East
Melbourne, Victoria, viewed 8th November 2019.
Department of Environment, Land, Water and Planning (DELWP) 2019c,
Victorian Biodiversity Atlas
3.2.5, Department of Environment, Land, Water and Planning, East
Melbourne, Victoria, viewed
8th November 2019.
Department of Sustainability and Environment (DSE) 2003, Flora
& Fauna Guarantee Action
Statement #54: Leafy Greenhood Pterostylis cucullata, Department of
Sustainability and
Environment, East Melbourne.
Benchmarks by Bioregion, Department of Environment, Land, Water and
Planning, East
Melbourne, Victoria.
scoring method (Version 1.3), Department of Sustainability and
Environment, now Department
of Environment, Land, Water and Planning, East Melbourne,
Victoria.
Department of the Environment and Energy (DEE) 2019a, EPBC Act
Protected Matters Search Tool,
Department of the Environment, Canberra, viewed 8th November
2019.
Department of the Environment and Energy (DEE) 2019b, Species
Profile and Threats Database,
Department of the Environment, Canberra, viewed 8th November
2019.
Nature Advisory 2019, 185 Maxwell Road, Fingal – Native Vegetation
Assessment, consultant’s report
no. 19132 (1.0) prepared for Chapter Industries Pty Ltd, Nature
Advisory Pty Ltd, Hawthorn
East.
Parkes D, Newell G, & Cheal D 2003, ‘Assessing the Quality of
Native Vegetation: The ‘habitat
hectares’ approach’, Ecological Management and Restoration
4:29–38.
183 Franklin Road, Portsea – Native Vegetation Assessment Report
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Appendix 1: Details of the assessment process in accordance with
the Guidelines for the
removal, destruction or lopping of native vegetation (DELWP
2017a)
Purpose and objective
Policies and strategies relating to the protection and management
of native vegetation in Victoria
are defined in the State Planning Policy Framework (SPPF). The
objective identified in Clause 12.01
of all Victorian Planning Schemes is ‘To ensure that there is no
net loss to biodiversity as a result of
the removal, destruction or lopping of native vegetation’.
This is to be achieved through the following three-step approach,
as detailed in the Guidelines:
1. Avoid the removal, destruction or lopping of native
vegetation.
2. Minimise impacts from the removal, destruction or lopping of
native vegetation that cannot
be avoided.
3. Provide an offset to compensate for the biodiversity impact from
the removal, destruction or
lopping of native vegetation.
Note: While a planning permit may still be required, if native
vegetation does not meet the definition
of either a patch or a scattered tree, an offset under the
Guidelines is not required.
Assessment pathways
The first step in determining the type of assessment required for
any site in Victoria is to determine
the assessment pathway for the proposed native vegetation removal.
The three possible assessment
pathways for applications to remove native vegetation in Victoria
are:
Basic;
This assessment pathway is determined by two factors:
Location Category, as determined using the states’ Location Map.
The location category
indicates the potential risk to biodiversity from removing a small
amount of native vegetation.
The three location categories are defined as:
Location 1 – shown in light blue-green on the Location Map;
occurring over most of Victoria.
Location 2 – shown in dark blue-green on the Location Map; includes
areas mapped as endangered EVCs and/or sensitive wetlands and
coastal areas.
Location 3 – shown in brown on the Location Map; includes areas
where the removal of less than 0.5 hectares of native vegetation
could have a significant impact on habitat for rare and threatened
species.
Extent of native vegetation – The extent of any patches and
scattered trees proposed to
be removed (as well as the extent of any past native vegetation
removal), with consideration
as to whether the proposed removal includes any large trees. Extent
of native vegetation is
determined as follows:
Patch – the area of the patch in hectares.
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Scattered Tree – the extent of a scattered tree is dependent on
whether the scattered tree is small or large. A tree is considered
to be a large tree if it is greater or equal to the large tree
benchmark diameter at breast height (DBH) for the relevant
bioregional EVC. Any scattered tree that is not a large tree is a
small scattered tree. The extent of large and small scattered trees
is determined as follows:
Large scattered tree – the area of a circle with a 15-metre radius,
with the
trunk of the tree at the centre.
Small scattered tree – the area of a circle with a ten-metre
radius, with the
trunk of the tree at the centre.
The assessment pathway for assessing an application to remove
native vegetation is then
determined as detailed in the following matrix table:
Extent of native vegetation
Location 1 Location 2 Location 3
< 0.5 hectares and not including any large trees Basic
Intermediate Detailed
< 0.5 hectares and including one or more large trees
Intermediate Intermediate Detailed
≥ 0.5 hectares Detailed Detailed Detailed
Note: If the native vegetation to be removed includes more than one
location category, the higher
location category is used to determine the assessment
pathway.
Landscape scale information – strategic biodiversity value
The strategic biodiversity value (SBV) is a measure of a location’s
importance to Victoria’s
biodiversity, relative to other locations across the state. It is
represented as a score between 0 and
1 and determined from the Strategic biodiversity value map,
available from NVIM (DELWP 2019c).
Landscape scale information – habitat for rare or threatened
species
Habitat importance for rare or threatened species is a measure of
the importance of a location in
the landscape as habitat for a particular rare or threatened
species, in relation to other habitat
available for that species. It is represented as a score between 0
and 1 and is determined from the
Habitat importance maps, administered by DELWP.
This includes two groups of habitat:
Highly localised habitats – Limited in area and considered to be
equally important,
therefore having the same habitat importance score.
Dispersed habitats – Less limited in are and based on habitat
distribution models.
Habitat for rare or threatened species is used to determine the
type of offset required in the detailed
assessment pathway.
Biodiversity value
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A combination of site-based and landscape scale information is used
to calculate the biodiversity
value of native vegetation to be removed. Biodiversity value is
represented by a general or species
habitat score, detailed as follows.
Firstly, the extent and condition of native vegetation to be
removed are combined to determine the
habitat hectares as follows:
Secondly, the habitat hectare score is combined with a landscape
factor to obtain an overall measure
of biodiversity value. Two landscape factors exist as
follows:
General landscape factor – determined using an adjusted strategic
biodiversity score, and
relevant when no habitat importance scores are applicable;
Species landscape factor – determined using an adjusted habitat
importance score for
each rare or threatened species habitat mapped at a site in the
Habitat importance map.
These factors are then used as follows to determine the
biodiversity value of a site:
General habitat score = habitat hectares x general landscape
factor
Species habitat score = hha x species landscape factor
Offset requirements
A native vegetation offset is required for the approved removal of
native vegetation. Offsets conform
to one of two types and each type incorporates a multiplier to
address the risk of offset:
A general offset is required when the removal of native vegetation
does not have a
significant impact on any habitat for rare or threatened species
(i.e. the proportional impact
is below the species offset threshold). In this case a multiplier
of 1.5 applies to determine
the general offset amount.
General offset (amount of general habitat units) = general habitat
score x 1.5
A species offset is required when the removal of native vegetation
has a significant impact
on habitat for a rare or threatened species (i.e. the proportional
impact is above the species
offset threshold). In this case a multiplier of 2 applies to
determine the species offset amount.
Species offset (amount of species habitat units) = Species habitat
score x 2
Habitat hectares = extent of native vegetation x condition
score
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Note: if native vegetation does not meet the definition of either a
patch or scattered tree an offset
is not required.
General offsets
Offset amount – general offset = general habitat score x 1.5
Strategic biodiversity value (SBV) – the offset has at least 80% of
the SBV of the native vegetation removed
Vicinity – the offset is in the same CMA boundary or municipal
district as the native vegetation removed
Habitat for rare and threatened species – N/A
Large trees – the offset include the protection of at least one
large tree for every large tree to be removed
Species offsets
Strategic biodiversity value (SBV): N/A
Vicinity: N/A
Habitat for rare and threatened species – the offset comprises
mapped habitat according to the Habitat importance map for the
relevant species
Large trees – the offset include the protection of at least one
large tree for every large tree to be removed
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Appendix 2: Detailed habitat hectare assessment results
Habitat Zone A B C D E F G H I J K
Bioregion GipP GipP GipP GipP GipP GipP GipP GipP GipP GipP
GipP
EVC Number 858 858 858 858 858 858 858 858 858 858 858
Total area of Habitat Zone (ha) 0.101 0.302 0.025 0.440 0.107 0.163
0.570 0.207 0.011 0.004 0.004
S it
e C
o n
d it
io n
Tree Canopy Cover /5 4 2 4 2 4 4 2 2 0 0 0
Lack of Weeds /15 4 0 0 4 4 4 4 0 0 7 7
Understorey /25 5 5 5 15 5 5 15 15 5 5 5
Recruitment /10 10 6 3 10 6 3 10 10 3 3 3
Organic Matter /5 3 3 3 5 5 5 5 5 2 2 2
Logs /5 4 2 4 2 4 2 2 0 0 0 0
Site condition standardising
multiplier* 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15
1.15
Site Condition subtotal 35 21 22 44 32 26 44 37 12 20 20
L a
n d
p e
C o
n te
xt Patch Size /10 1 4 1 1 1 1 1 1 1 1 1
Neighbourhood /10 1 1 1 1 0 0 1 1 0 0 0
Distance to Core /5 1 1 1 1 1 1 1 1 1 1 1
Total Condition Score /100 38 27 25 47 34 28 47 40 14 22 22
* Modified approach to habitat scoring - refer to Table 14 of
DELWP’s Vegetation Quality Assessment Manual (DSE, 2004).
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Origin Common name Scientific name FFG CaLP WONS
* African Box-thorn Lycium ferocissimum C WONS
* Annual Veldt-grass Ehrharta longiflora
* Blackberry Rubus fruticosus spp. agg. C WONS Bower Spinach
Tetragonia implexicoma
* Bridal Creeper Asparagus asparagoides R WONS Coast Beard-heath
Leucopogon parviflorus p
Coast Tea-tree Leptospermum laevigatum
Coast Wirilda Acacia uncifolia p
* Common Dipogon Dipogon lignosus
* Myrtle-leaf Milkwort Polygala myrtifolia
* Panic Veldt-grass Ehrharta erecta
Prickly Spear-grass Austrostipa stipoides
* Rye Grass Lolium spp.
Salt Pratia Lobelia irrigua
Silky Guinea-flower Hibbertia sericea s.l.
Small-leaved Clematis Clematis microphylla s.l.
* Soft Brome Bromus hordeaceus
Soft Crane's-bill Geranium potentilloides
* Soursob Oxalis pes-caprae R
# Sweet Pittosporum Pittosporum undulatum
* Toowoomba Canary-grass Phalaris aquatica
* White Fumitory Fumaria capreolata
* Wild Oat Avena fatua
Notes: FFG-P: listed as protected (P) under the FFG Act; CaLP Act:
declared noxious weeds under the CaLP
Act; C = Regionally Controlled Weeds [Land owners have the
responsibility to take all reasonable steps to
prevent the growth and spread of Regionally controlled weeds on
their land]; R = Restricted Weeds [Trade in
these weeds and their propagules, either as plants, seeds or
contaminants in other materials is prohibited].
* = introduced to Victoria; # = Victorian native taxa occurring
outside their natural range.
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Appendix 4: Photographs of native vegetation
Looking within Habitat Zone B. Typical species composition
throughout the site, comprising of Coastal Beard-heath, Coastal
Tea-tree and Bower Spinach.
Habitat Zone I, comprising of canopy species and lacking an
understory
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Habitat Zone E2, low retention value. Poor canopy cover at low
health with the understory dominated by Bower Spinach. Habitat Zone
F2 is in a similar state.
Habitat Zone K, low retention value. Comprised of immature canopy
species occupying a small area. Habitat Zone J is similar.
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African Box-thorn occurring throughout the study area within native
vegetation patches
Nests within canopy trees on the southern fringe of Habitat Zone
G
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Habitat Zone I, Low quality vegetation underneath planted
Eucalyptus species
Habitat Zone D, facing south, densely vegetated patch dominated by
Coastal Tea-tree, with a diversity of understory shrubs
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Ecological Vegetation Class bioregion benchmark
EVC/Bioregion Benchmark for Vegetation Quality Assessment
Gippsland Plain bioregion
EVC 858: Coastal Alkaline Scrub (syn. Calcarenite Dune
Woodland)
Description: Near-coastal, deep calcareous (alkaline) and largely
stable sand dunes and swales commonly dominated by Moonah Melaleuca
lanceolata ssp. lanceolata. It occurs at low elevations of 20-60 m
above sea level, average annual rainfall is approximately 550- 950
mm, and it occurs on a variety of geologies and soil types. Low
woodland or tall shrubland to 8 m tall, typically with a medium
shrub layer, small shrub layer and sedges, grasses and herbs in the
ground layer.
Canopy Cover: %cover Character Species Common Name 30% Melaleuca
lanceolata ssp. lanceolata Moonah
Allocasuarina verticillata Drooping Sheoak Leptospermum laevigatum
Coast Tea-tree
Bursaria spinosa ssp. macrophylla Sweet Bursaria
Life forms: Life form #Spp %Cover LF code Medium Shrub 4 30% MS
Small Shrub 2 5% SS Large Herb 1 1% LH Medium Herb 5 10% MH Small
or Prostrate Herb 2 5% SH Large Tufted Graminoid 1 5% LTG Medium to
Small Tufted Graminoid 4 10% MTG Medium to Tiny Non-tufted
Graminoid 2 5% MNG Scrambler or Climber 2 1% SC Bryophytes/Lichens
na 20% BL
Total understorey projective foliage cover 80%
LF Code Species typical of at least part of EVC range Common Name
MS Acacia longifolia ssp. sophorae Coast Wattle MS Leucopogon
parviflorus Coast Beard-heath MS Acacia retinodes var. uncifolia
Coast Wirilda MS Pomaderris paniculosa Coast Pomaderris SS
Hibbertia sericea s.l. Silky Guinea-flower SS Pimelea serpyllifolia
ssp. serpyllifolia Thyme-leaf Rice-flower MH Lagenophora stipitata
Common Bottle-daisy MH Geranium potentilloides Cinquefoil
Cranesbill MH Acaena novae-zelandiae Bidgee-widgee SH Dichondra
repens Kidney-weed SH Oxalis exilis Shady Wood-sorrel LTG Lomandra
longifolia Spiny-headed Mat-rush MTG Dianella revoluta s.l.
Black-anther Flax-lily MTG Carex breviculmis Common Grass-sedge MTG
Lachnagrostis billardierei s.l. Coast Blaown-grass MTG
Austrodanthonia setacea Bristly Wallaby-grass MNG Ficinia nodosa
Knobby Club-sedge MNG Microlaena stipoides var. stipoides Weeping
Grass SC Clematis microphylla Small-leaved Clematis SC Comesperma
volubile Love Creeper
Published by the Victorian Government Department of Sustainability
and Environment April 2004
© The State of Victoria Department of Sustainability and
Environment 2004
This publication is copyright. Reproduction and the making
available of this material for personal, in-house or non-commercial
purposes is authorised, on condition that: • the copyright owner is
acknowledged; • no official connection is claimed;
• the material is made available without charge or at cost;
and
• the material is not subject to inaccurate, misleading or
derogatory treatment. Requests for permission to reproduce or
communicate this material in any way not permitted by this licence
(or by the fair dealing provisions of the Copyright Act 1968)
should be directed to the Nominated Officer, Copyright, 8 Nicholson
Street, East Melbourne, Victoria, 3002.
For more information contact: Customer Service Centre, 136
186
This publication may be of assistance to you but the State of
Victoria and its employees do not guarantee that the publication is
without flaw of any kind or is wholly appropriate
for your particular purposes and therefore disclaims all liability
for any error, loss or other consequence which may arise from you
relying on any information in this publication.
www.dse.vic.gov.au
EVC 858: Coastal Alkaline Scrub (syn. Calcarenite Dune Woodland) -
Gippsland Plain bioregion
Recruitment: Continuous
Organic Litter: 40 % cover
Logs: 5 m/0.1 ha. (note: large log class does not apply)
Weediness: LF Code Typical Weed Species Common Name Invasive Impact
MH Centaurium erythraea Common Centaury high low MH Anagallis
arvensis Pimpernel high low MH Hypochoeris spp. Cat's Ear high low
MTG Ehrharta erecta Panic Veldt-grass high high MTG Catapodium
rigidum Fern Grass high low MNG Aira caryophyllea Silvery
Hair-grass high low SC Myrsiphyllum asparagoides Smilax Asparagus
high high
183 Franklin Road, Portsea – Native Vegetation Assessment Report
No. 19132 (1.1)
Page | 41
Appendix 6: Proposed development plan
183 Franklin Road, Portsea – Native Vegetation Assessment Report
No. 19132 (1.1)
Page | 43
Appendix 7: Native Vegetation Removal Report
A report to support an application to remove, destroy or lop native
vegetation in the Basic Assessment Pathway using the modelled
condition score
This report provides information to support an application to
remove native vegetation in accordance with the Guidelines for the
removal, destruction or lopping of native vegetation. The report is
not an assessment by DELWP or local council of the proposed native
vegetation removal. Biodiversity information and offset
requirements have been calculated using modelled condition scores
contained in the Native vegetation condition map.
Date and time: 23 September 2020 11:51 AM
Lat./Long.: -38.4243538247321,144.867681763081 Native vegetation
report ID:
Address: 185 MAXWELL ROAD FINGAL 3939 352-20200923-010
Assessment pathway
Assessment pathway Basic Assessment Pathway
Extent of past plus proposed native vegetation removal
0.392 hectares
Location category Location 1
The native vegetation is not in an area mapped as an endangered
Ecological Vegetation Class, sensitive wetland or coastal area.
Removal of less than 0.5 hectares will not have a significant
impact on any habitat for a rare or threatened species.
Offset type General offset
Offset attributes
Vicinity Port Phillip And Westernport Catchment Management
Authority (CMA) or Mornington Peninsula Shire Council
Minimum strategic biodiversity value score
0.567
Large trees 0 large tree(s)
The offset requirement that will apply if the native vegetation is
approved to be removed
Offset requirement
Native vegetation removal report
Biodiversity information about the native vegetation
Description of any past native vegetation removal Any native
vegetation that was approved to be removed, or was removed without
the required approvals, on the same property or on contiguous land
in the same ownership, in the five year period before the
application to remove native vegetation is lodged is detailed
below.
Description of the native vegetation proposed to be removed
Extent of all mapped native vegetation 0.392 hectares
Condition score of all mapped native vegetation 0.457
Strategic biodiversity value score of all mapped native vegetation
0.709
Extent of patches native vegetation 0.392 hectares
1 0.035 hectares
2 0.034 hectares
3 0.058 hectares
4 0.018 hectares
5 0.094 hectares
6 0.023 hectares
7 0.040 hectares
8 0.004 hectares
9 0.003 hectares
10 0.011 hectares
11 0.008 hectares
12 0.023 hectares
13 0.041 hectares
No. large trees within patches 0 large tree(s)
No. large scattered trees 0 large tree(s)
No. small scattered trees 0 small tree(s)
Permit/PIN number Extent of native vegetation (hectares)
None entered 0 hectares
Additional information about trees to be removed, shown in Figure
1
Tree ID Tree circumference (cm) Benchmark circumference (cm)
Scattered / Patch Tree size
Native vegetation removal report
Applications to remove, destroy or lop native vegetation must
include all the below information. If an appropriate response has
not been provided the application is not complete.
Other information
Photographs of the native vegetation to be removed Recent, dated
photographs of the native vegetation to be removed must be provided
with the application. All photographs must be clear, show whether
the vegetation is a patch of native vegetation or scattered trees,
and identify any large trees. If the area of native vegetation to
be removed is large, provide photos that are indicative of the
native vegetation.
Ensure photographs are attached to the application. If appropriate
photographs have not been provided the application is not
complete.
Topographical and land information
Description of the topographic and land information relating to the
native vegetation to be removed, including any ridges, crests and
hilltops, wetlands and waterways, slopes of more than 20 percent,
drainage lines, low lying areas, saline discharge areas, and areas
of existing erosion, as appropriate. This may be represented in a
map or plan. This is an application requirement and your
application will be incomplete without it.
Avoid and minimise statement
This statement describes what has been done to avoid the removal
of, and minimise impacts on the biodiversity and other values of
native vegetation. This is an application requirement and your
application will be incomplete without it.
Defendable space statement
Where the removal of native vegetation is to create defendable
space, a written statement explaining why the removal of native
vegetation is necessary. This statement must have regard to other
available bushfire risk mitigation measures. This statement is not
required if your application also includes an application under the
Bushfire Management Overlay.
Offset statement
An offset statement that demonstrates that an offset is available
and describes how the required offset will be secured. This is an
application requirement and your application will be incomplete
without it.
Native vegetation removal report report ID 352-20200923-010
Native vegetation removal report
© The State of Victoria Department of Environment, Land, Water and
Planning Melbourne 2020.
This work is licensed under a Creative Commons Attribution 4.0
International licence. You are free to re-use the work under that
licence, on the condition that you credit the State of Victoria as
author. The licence does not apply to any images, photographs or
branding, including the Victorian Coat of Arms, the Victorian
Government logo and the Department of Environment, Land, Water and
Planning logo. To view a copy of this licence, visit
http://creativecommons.org/licenses/by/3.0/au/deed.en
Authorised by the Victorian Government, 8 Nicholson Street, East
Melbourne.
For more information contact the DELWP Customer Service Centre 136
186
www.delwp.vic.gov.au
Disclaimer This publication may be of assistance to you but the
State of Victoria and its employees do not guarantee that the
publication is without flaw of any kind or is wholly appropriate
for your particular purposes and therefore disclaims all liability
for any error, loss or other consequence which may arise from you
relying on any information in this publication.
Obtaining this publication does not guarantee that an application
will meet the requirements of Clauses 52.16 or 52.17 of planning
schemes in Victoria or that a permit to remove native vegetation
will be granted.
Notwithstanding anything else contained in this publication, you
must ensure that you comply with all relevant laws, legislation,
awards or orders and that you obtain and comply with all permits,
approvals and the like that affect, are applicable or are necessary
to undertake any action to remove, lop or destroy or otherwise deal
with any native vegetation or that apply to matters within the
scope of Clauses 52.16 or 52.17 of planning schemes in
Victoria.
Next steps
Property Vegetation Plan
Landowners can manage native vegetation on their property in the
longer term by developing a Property Vegetation Plan (PVP) and
entering in to an agreement with DELWP.
If an approved PVP applies to the land, ensure the PVP is attached
to the application.
Applications under Clause 52.16
An application to remove, destroy or lop native vegetation is under
Clause 52.16 if a Native Vegetation Precinct Plan (NVPP) applies to
the land, and the proposed native vegetation removal is not in
accordance with the relevant NVPP. If this is the case, a statement
that explains how the proposal responds to the NVPP considerations
must be provided.
If the application is under Clause 52.16, ensure a statement that
explains how the proposal responds to the NVPP considerations is
attached to the application.
Applications to remove, destroy or lop native vegetation must
address all the application requirements specified in Guidelines
for the removal, destruction or lopping of native vegetation.If you
wish to remove the mapped native vegetation you are required to
apply for a permit from your local council. This Native vegetation
removal reportmust be submitted with your application and meets
most of the application requirements. The following needs to be
added as applicable.
Native vegetation removal report report ID 352-20200923-010
Native vegetation removal report
Native vegetation removal report report ID 352-20200923-010
Native vegetation removal report
Native vegetation removal report
Native vegetation removal report report ID 352-20200923-010
Native vegetation removal report
Native vegetation removal report
Native vegetation removal report
Appendix 1 - Details of offset requirements
* Offset requirements for partial removal: If your proposal is to
remove parts of the native vegetation in a patch (for example only
understorey plants) the condition score must be adjusted. This will
require manual editing of the condition score and an update to the
calculations that the native vegetation removal tool has provided:
habitat hectares, general habitat score and offset amount.
Native vegetation to be removed
Extent of all mapped native vegetation (for calculating habitat
hectares)
0.392 The area of land covered by a patch of native vegetation
and/or a scattered tree, measured in hectares. Where the mapped
native vegetation includes scattered trees, each tree is assigned a
standard extent and converted to hectares. A small scattered tree
is assigned a standard extent defined by a circle with a 10 metre
radius and a large scattered tree a circle with a 15 metre
radius.
The extent of all mapped native vegetation is an input to
calculating the habitat hectares.
Condition score* 0.457 The condition score of native vegetation is
a site-based measure that describes how close native vegetation is
to its mature natural state. The condition score is the weighted
average condition score of the mapped native vegetation calculated
using the Native vegetation condition map.
Habitat hectares 0.179 Habitat hectares is a site-based measure
that combines extent and condition of native vegetation. It is
calculated by multiplying the extent of native vegetation by the
condition score:
Habitat hectares = extent x condition score
Strategic biodiversity value score
0.709 The strategic biodiversity value score represents the
complementary contribution to Victoria s biodiversity of a
location, relative to other locations across the state. This score
is the weighted average strategic biodiversity value score of the
mapped native vegetation calculated using the Strategic
biodiversity value map.
General landscape factor
0.855 The general landscape factor is an adjusted strategic
biodiversity value score. It has been adjusted to reduce the
influence of landscape scale information on the general habitat
score.
General habitat score
0.153 The general habitat score combines site-based and landscape
scale information to obtain an overall measure of the biodiversity
value of the native vegetation. The general habitat score is
calculated as follows:
General habitat score = habitat hectares x general landscape
factor
Offset requirements
Offset type General offset
A general offset is required when the removal of native vegetation
does not have a significant impact on any habitat for rare or
threatened species. All proposals in the Basic and Intermediate
assessment pathways will only require a general offset.
Offset multiplier 1.5 This multiplier is used to address the risk
that the predicted outcomes for gain will not be achieved, and
therefore will not adequately compensate the biodiversity loss from
the removal of native vegetation.
Offset amount (general habitat units)
0.230 The general habitat units are the amount of offset that must
be secured if the application is approved. This offset requirement
will be a condition to any permit or approval for the removal of
native vegetation.
General habitat units required = general habitat score x 1.5
Minimum strategic biodiversity value score
0.567 The offset site must have a strategic biodiversity value
score of at least 80 per cent of the strategic biodiversity value
score of the native vegetation to be removed. This is to ensure
offsets are located in areas with a strategic biodiversity value
that is comparable to the native vegetation to be removed.
Vicinity Port Phillip And Westernport CMA or Mornington Peninsula
Shire Council
The offset site must be located within the same Catchment
Management Authority boundary or municipal district as the native
vegetation to be removed.
Large trees 0 large tree (s)
The offset site must protect at least one large tree for every
large tree removed. A large tree is a native canopy tree with a
Diameter at Breast Height greater than or equal to the large tree
benchmark for the local Ecological Vegetation Class. A large tree
can be either a large scattered tree or a large patch tree.
Native vegetation removal report report ID 352-20200923-010
Native vegetation removal report
183 Franklin Road, Portsea – Native Vegetation Assessment Report
No. 19132 (1.1)
Page | 50
Appendix 8: Evidence that native vegetation offset requirement is
available
Report of available native vegetation credits
General offset
0.23 0.567 0 CMA Port Phillip and Westernport
or LGA Mornington Peninsula Shire
Details of available native vegetation credits on 23 September 2020
12:37
These sites meet your requirements for general offsets.
Credit Site ID GHU LT CMA LGA Land owner
Trader Fixed price
Mornington Peninsula Shire
BBA-0670 19.308 175 Port Phillip and Westernport
Cardinia Shire No Yes No Abezco, VegLink
BBA-0677 20.738 1493 Port Phillip and Westernport
Whittlesea City No Yes No Abezco, VegLink
BBA-0678 49.814 2666 Port Phillip and Westernport
Nillumbik Shire No Yes No Contact NVOR
BBA-0678_2 0.388 59 Port Phillip and Westernport
Nillumbik Shire No Yes No Contact NVOR
BBA-2789 1.317 14 Port Phillip and Westernport
Baw Baw Shire Yes Yes No Contact NVOR
BBA-2790 2.911 116 Port Phillip and Westernport
Baw Baw Shire Yes Yes No Contact NVOR
BBA-2832 1.880 5 Port Phillip and Westernport
Nillumbik Shire Yes Yes Yes Nillumbik SC
BBA-2870 2.338 398 Port Phillip and Westernport
Yarra Ranges Shire Yes Yes No Contact NVOR
BBA-2871 15.428 1575 Port Phillip and Westernport
Yarra Ranges Shire Yes Yes No Contact NVOR
BBA-3030 12.762 4 Port Phillip and Westernport
Moorabool Shire Yes Yes No VegLink
BBA-3030 0.404 0 Port Phillip and Westernport
Moorabool Shire Yes Yes No VegLink
TFN-C1636 1.938 159 Port Phillip and Westernport
Yarra Ranges Shire Yes Yes Yes Yarra Ranges SC
This report lists native vegetation credits available to purchase
through the Native Vegetation Credit Register.
This report is not evidence that an offset has been secured. An
offset is only secured when the units have been purchased and
allocated to a permit or other approval and an allocated credit
extract is provided by the Native Vegetation Credit Register.
Date and time: 23/09/2020 12:37 Report ID: 5911
TFN-C1650 1.535 55 Port Phillip and Westernport
Yarra Ranges Shire Yes Yes Yes Yarra Ranges SC
TFN-C1664 3.240 86 Port Phillip and Westernport
Yarra Ranges Shire Yes Yes Yes Yarra Ranges SC
TFN-C1667 0.826 10 Port Phillip and Westernport
Yarra Ranges Shire Yes Yes Yes Yarra Ranges SC
TFN-C1750 2.626 8 Port Phillip and Westernport
Cardinia Shire Yes Yes No Bio Offsets
TFN-C1763_3 11.231 0 Port Phillip and Westernport
Mornington Peninsula Shire
Macedon Ranges Shire No Yes No Contact NVOR
VC_CFL- 0838_01
Yarra Ranges Shire Yes Yes No VegLink
VC_CFL- 0838_01
Yarra Ranges Shire Yes Yes Yes Contact NVOR
VC_CFL- 0838_01
Yarra Ranges Shire No Yes No Contact NVOR
VC_CFL- 3016_01
Yarra Ranges Shire Yes Yes No VegLink
VC_CFL- 3054_01
VC_CFL- 3705_01
These sites meet your requirements using alternative arrangements
for general offsets.
Credit Site ID GHU LT CMA LGA Land owner
Trader Fixed price
Broker(s)
There are no sites listed in the Native Vegetation Credit Register
that meet your offset requirements when applying the alternative
arrangements as listed in section 11.2 of the Guidelines for the
removal, destruction or lopping of native vegetation.
These potential sites are not yet available, land owners may
finalise them once a buyer is confirmed. Credit Site ID GHU LT CMA
LGA Land
owner Trader Fixed
price Broker(s)
There are no potential sites listed in the Native Vegetation Credit
Register that meet your offset requirements.
LT - Large Trees CMA - Catchment Management Authority LGA -
Municipal District or Local Government Authority
© The State of Victoria Department of Environment, Land, Water and
Planning 2020
Disclaimer This publication may be of assistance to you but the
State of Victoria and its employees do not guarantee that the
publication is without flaw of any kind or is wholly appropriate
for your particular purposes and therefore disclaims all liabil