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    Signi cant impact guidelines for thecritically endangered spiny rice ower( Pimelea spinescens subsp. spinescens )

    Nationally threatened species and ecological communititesEPBC Act policy statement 3.11

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    ii | EPBC Act policy statement 3.11 Significant impact guidelines for the critically endangered spiny riceflower( Pimelea spinescens subsp. spinescens )

    Commonwealth of Australia 2009

    This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) foryour personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 ,all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to CommonwealthCopyright Administration, Attorney Generals Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted atwww.ag.gov.au/cca .

    Disclaimer

    The contents of this document have been compiled using a range of source materials and is valid as at December 2009. The Australian Government is not liable for any loss or damage that may be occasioned directly or indirectly through the use of orreliance on the contents of the document.

    http://www.ag.gov.au/ccahttp://www.ag.gov.au/ccahttp://www.ag.gov.au/cca
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    The spiny rice-flower, Pimelea spinescens subsp.spinescens , is listed as critically endangeredunder the Australian Government EnvironmentProtection and Biodiversity Conservation Act1999 (EPBC Act). Listed threatened species and

    ecological communities are a matter of nationalenvironmental significance. Under the EPBC Actan action will require approval from the ministerif the action has, will have, or is likely to havea significant impact on a matter of nationalenvironmental significance.

    A significant impact is an impact whichis important, notable, or of consequence,having regard to its context or intensity.

    Whether or not an action is likely tohave a significant impact depends uponthe sensitivity, value, and quality of theenvironment which is impacted, and uponthe intensity, duration, magnitude andgeographic extent of the impacts. Youshould consider all of these factors whendetermining whether an action is likely tohave a significant impact on matters ofnational environmental significance.

    This policy statement is designed to assist you todetermine whether a proposed action is likely tohave a significant impact on the spiny rice-flower.The policy statement applies to grassland habitatacross the current and historic range of thesubspecies, from south-western to north-centralVictoria, including around Melbourne. This

    policy statement is based on the best availableinformation, including:

    EPBC Act listing advic e

    national recovery pla n

    scientific literature

    consultation with species experts, and

    application of the national environmentallegislation (EPBC Act).

    This policy statement builds on the informationand explanations in EPBC Act policystatement 1.1 Significant impact guidelines Matters of national environmental significance .

    Introduction

    http://www.environment.gov.au/biodiversity/threatened/species/p-s-spinescens.htmlhttp://www.environment.gov.au/biodiversity/threatened/species/p-s-spinescens.htmlhttp://www.environment.gov.au/biodiversity/threatened/publications/pubs/p-spinescens.pdfhttp://www.environment.gov.au/biodiversity/threatened/publications/pubs/p-spinescens.pdfhttp://www.environment.gov.au/epbc/publications/nes-guidelines.htmlhttp://www.environment.gov.au/epbc/publications/nes-guidelines.htmlhttp://www.environment.gov.au/epbc/publications/nes-guidelines.htmlhttp://www.environment.gov.au/epbc/publications/nes-guidelines.htmlhttp://www.environment.gov.au/epbc/publications/nes-guidelines.htmlhttp://www.environment.gov.au/epbc/publications/nes-guidelines.htmlhttp://www.environment.gov.au/epbc/publications/nes-guidelines.htmlhttp://www.environment.gov.au/biodiversity/threatened/publications/pubs/p-spinescens.pdfhttp://www.environment.gov.au/biodiversity/threatened/species/p-s-spinescens.html
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    2 | EPBC Act policy statement 3.11 Significant impact guidelines for the critically endangered spiny riceflower( Pimelea spinescens subsp. spinescens )

    How to interpret andapply these guidelines

    The thresholds outlined in this policy statementare not designed to be prescriptive, but ratherto clarify the level and types of impact likelyto be significant at a national level, havingregard for the biology, ecology and threats ofthe subspecies.

    If you are planning an action in grassland habitatwithin the range of the spiny rice-flower youshould consider the following:

    Does my site support the spiny rice-flower?

    Consider vegetation, habitat, records

    and surveys on and near to the site(see page 5).

    What impacts, both direct and indirect, couldresult from my action?

    Could any of these impacts exceed thethresholds outlined in page 6?

    What measures could be taken to reduce thelevel of impact (see page 8)?

    If you think that your action is likely to havea significant impact on a matter of nationalenvironmental significance, or if you are unsure,you should refer the action to the federalminister. The minister will make a decision within20 business days on whether approval is requiredunder the EPBC Act. Substantial penalties applyfor taking an action that has, will have or is likelyto have a significant impact without approval.

    What other laws protect the spinyriceflower?

    The spiny rice-flower is also listed as threatenedunder the Victorian Flora and Fauna Guarantee

    Act 1988 . The listing of a species, subspeciesor ecological community on the EPBC Actthreatened species and ecological communitieslist recognises the importance of the matter froma national perspective, and does not replacelisting under state, regional or local legislationor regulations.

    Judgements on impacts may differ betweenCommonwealth, state and local decisionmaking processes, due to the different scales ofconsideration. Any person undertaking an actionthat may affect the spiny rice-flower shouldconsider their obligations under all relevantCommonwealth, state and local laws. Specificproposal submissions, permits and approvalsmay be required.

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    Victoria and sedimentary soils in north-centralVictoria. In the southern portion of the rangethe ground layer is commonly dominated bykangaroo grass, wallaby grass and spear grasswhile in the north it is generally dominated by

    wallaby grass or spear grass.

    The spiny rice-flower is found within theecological community known as Naturaltemperate grassland of the Victorian volcanicplain, a critically endangered ecologicalcommunity listed under the EPBC Act (seeEPBC Act policy statement 3.8) and associatedwith a Victorian Ecological Vegetation Class(EVC) known as Plains Grassland (EVC 132).The subspecies is also found in several other

    Victorian EVCs: Plains Grassy Woodland(EVC 55), Plains Woodland (EVC 803), andPlains Grassland/Grassy Woodland Mosaic(EVC 897).

    The subspeciesThe spiny rice-flower is a long-lived (30 to 50years and possibly up to 100 years) grasslandsub-shrub growing 5 to 30 cm in height. Plants

    have pale green, fleshy, oval leaves and smallcream flowers which appear from April to August.Spiny stems distinguish both the spiny rice-flowerand Wimmera rice-flower from other rice-flowerplants. The spiny rice-flower is distinguished fromthe Wimmera rice-flower by its hairless flowers.Plants have a very large tap root (1.5 m deep).The subspecies is pollinated by insects, althoughthe specific pollinator species are unknown.

    HabitatThe spiny rice-flower occurs in grasslandhabitats including native temperate grasslands,grassy woodlands and open shrublands.It occurs on basalt-derived soils in south-western

    Ecology of the spiny riceflower

    Table 1: Life cycle of the spiny rice ower

    Long lived, slow growing plantwith large taproot (1.5 m)

    Will tolerate, and may even benefit, from low level of disturbance, such as fire.Heavy grazing, and/or frequent or intense fires are detrimental.

    Foliage sensitive to herbicide use; rootstocks sensitive to disturbance

    (particularly if uprooted, damaged or displaced).Dioecious reproduction, equalsex ratio of populations

    Male and female plants required for reproduction.

    Limited evidence suggests sex ratio roughly 50:50. However, some populationsmay be dominated by one sex either across the whole population or in patches.

    Small populations particularly vulnerable to random events and effects of lowgenetic diversity.

    Seed germination thought to be triggered by f ire, followed by rain (currentmanagement practices make this a rare combination, particularly in moredeveloped areas of the range).

    Pollinated by insects Rely partly or wholly on invertebrates for pollination.

    Possibly also rely on ants for seed dispersal.

    Low seed set may be related to reduced insect activity acrossfragmented habitats.

    Pollinators potentially vulnerable to insecticide use (including spray drif t).

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    4 | EPBC Act policy statement 3.11 Significant impact guidelines for the critically endangered spiny riceflower( Pimelea spinescens subsp. spinescens )

    The spiny rice-flower is sensitive to certaindevelopment activities due to its:

    Isolated, fragmented and restricted distribution

    populations around Melbourne are at the greatest risk due to encroaching urban andindustrial development, and

    Small and declining populations

    isolated populations, most now with very small numbers of individuals (

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    conducted following a low-intensity burnmay have the best change of detecting thesubspecies, particularly in overgrown areaswhere small plants may be difficult to detect.However, sufficient time must be allowed for

    the subspecies to regenerate from fire, or otherdisturbances (for example four to six months afterfire, three months after cessation of grazing).

    Where it is not possible to conduct surveys inthe recommended manner the precautionaryprinciple should be used. In these circumstancesfailure to detect the spiny rice-flower should notbe considered indicative of its absence.

    Habitat assessmentIn addition to undertaking surveys for the spinyrice-flower, the following habitat characteristicsshould be assessed. This assessment willhelp provide context and may provide furtherindication of the likely presence (or absence) ofthe subspecies at a site:

    habitat quality (note habitat quality relative toother nearby areas will provide context, but isnot indicative of the likely presence/absence ofthis subspecies)

    site history and time since last managementevent (for example grazing, cropping, biomassmanagement, fertiliser/pesticide/herbicide use,fire), including current management regime

    proximity to other known populations, includingon adjacent sites, and

    presence of similar habitat connecting the siteto occupied areas or other areas of grasslandor grassy woodland.

    Some recommendations for conducting surveysfor the spiny rice-flower are outlined below.Surveys should:

    maximise the chance of detectingthe subspecies

    determine the context of the site within thebroader landscape (for example amountof habitat on and near site, presence ofnearly populations, threats and impacts insurrounding areas)

    be conducted by a suitably qualified person,and

    account for uncertainty and error.

    Consideration should begiven to the timing, effort,methods and area to becovered in the context of theproposed action. If surveys

    are conducted outside recommendedperiods or conditions, survey methods andeffort should be adjusted to compensatefor the decreased likelihood of detectingthe species.

    Survey recommendationsThe spiny rice-flower can be difficult to findwhen it is not in flower, and is easily overlookedin general vegetation surveys. Transect surveysshould undertaken when the plant is in flower(April to August) at any location containingsuitable habitat for the spiny rice-flower.

    Multiple surveys may be required in areas

    to ensure adequate survey effort, due to thelow detectability of the subspecies. Surveys

    Survey guidelines for the spiny riceflower

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    6 | EPBC Act policy statement 3.11 Significant impact guidelines for the critically endangered spiny riceflower( Pimelea spinescens subsp. spinescens )

    Table 2: Signi cant impact thresholds for the spiny rice ower

    Ecological element affected Impact threshold Comment

    Contiguous habitat area

    Contiguous habitat is a similar and connected area that supportsa population of spiny rice-flower.

    Any fragmentation of apopulation

    Connectivity is particularly important formaintaining and supporting gene flow given thelimited dispersal ability of this subspecies.

    Fragmentation may include, but is not limitedto: incomplete clearing leaving isolated smallerpatches and/or the introduction of a physicalbarrier to plant dispersal (for example solid fences,transport corridors, walking tracks, easements).

    Population viability (medium tolong-term)

    A population of spiny rice-flowerrefers to a collection of individualplants occurring close togetherbut separated geographically

    from other such collections. Landuse and management practicesmay limit the geographic extentof populations.

    Loss of >5 individuals. Given that recruitment (through germination ofseeds) appears to be very limited, the loss of evensmall numbers of plants from a current populationcould have a significant impact on the persistenceand recovery of the subspecies.

    Extent of occurrence

    Populations at or near the edge ofthe range

    Any loss of individualsfrom any populationwhich occurs on theedge of the spinyrice-flowers currentknown distribution.

    The range of the spiny rice-f lower has been greatlyreduced, and populations at the edges of thecurrent distribution may be particularly important.

    Notes:The elements and thresholds in the table above give guidance to the level of impact that is likely to be signif icant for thesubspecies at a site. They are not intended to be exhaustive or prescriptive, but rather to highlight those actions that

    threaten the persistence and recovery of the spiny rice-flower.Habitat and/or populations may, and often will, extend beyond the site boundaries, particularly when managementpractices remain relatively consistent.

    Significant impact judgements must be madeon a case by case basis and with considerationfor the context of the action. The potential for

    a significant impact on a listed threatenedsubspecies will depend on:the intensity, duration, magnitude andgeographic extent of the impactthe sensitivity, value and quality of theenvironment on and around the site

    the cumulative effect of on-site, off-site, directand indirect impacts, andthe presence of this and other matters of

    national environmental significance.There is a real chance or possibility of asignificant impact on the subspecies if theaction results in, or exceeds, the followingimpact thresholds.

    What sorts of actions are likely to have asignificant impact on the subspecies?

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    What does this meanfor actions in spinyriceflower habitat?

    If you plan an action that may have a significantimpact then you should refer the proposal tothe minister before commencing the action. Theminister will decide, within 20 business days,whether assessment and approval is requiredunder the EPBC Act. More information onreferral and assessment is available atwww.environment.gov.au/epbc/assessments/ process.html .

    How can my actionavoid having asignificant impact onthe spiny riceflower?

    Mitigation includes all measures undertakenon the site of the action to avoid or reduce itsimpacts. When planning an action, consider atthe very earliest stages how to:

    reduce the level of the impact to below thesignificant impact thresholds outlined in thispolicy statement where possible

    monitor the performance of the mitigationmeasures (for example by using performanceindicators measured at seasonally/annually

    nominated times), andfeedback into an adaptive managementplan, to quickly react to any changesin performance.

    Mitigation and management actions must:

    make avoiding impacts the priority, followed byimpact reduction

    avoid negative impacts on other matters ofnational environmental significance, and

    be consistent with relevant recovery, conservation or action plans.

    http://www.environment.gov.au/epbc/assessments/process.html.http://www.environment.gov.au/epbc/assessments/process.html.http://www.environment.gov.au/epbc/assessments/process.html.http://www.environment.gov.au/epbc/assessments/process.html.http://www.environment.gov.au/epbc/assessments/process.html.
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    8 | EPBC Act policy statement 3.11 Significant impact guidelines for the critically endangered spiny riceflower( Pimelea spinescens subsp. spinescens )

    Table 3: Examples of mitigation measures for the spiny rice ower

    Avoidingimpacts

    Retain habitat patches known or likely to contain the spiny rice-flower, and manage for thesubspecies (see Managing habitat below).

    Re-site roads or easements so as to avoid habitat disturbance.

    Avoid soil disturbance (for example from vehicles), particularly at or near the root-zone or inwet soil.

    Avoid broad-scale herbicide use (see Managing habitat below).

    Avoid grazing.

    Minimisingimpacts

    Develop an environmental management plan that addresses the threats on site and drawstogether measures to reduce them.

    Maintain hygiene on maintenance and construction vehicles and machinery passing throughspiny rice-flower habitat, to ensure that weeds are not spread.

    Avoid landscaping that would introduce weeds or non-Indigenous plants into site.

    Fence populations to minimise risk of accidental damage or destruction of plants (forexample from construction activities, recreational users, pest animals, rubbish dumping orunauthorised vehicle movement through an area). See Long & Robley (2004) for appropriatefence design.

    Erect appropriate signage to inform construction workers and the general public of theconservation significance of the site.

    Managinghabitat

    Implement a biomass management program:

    Develop and implement a fire management plan of cool, quick mid-Autumn fires. Summer fires, when spiny rice-flower is not actively growing may also be appropriate.

    Control and reduce weeds in the area, taking care to avoid drift of herbicides onto nativevegetation. e.g. through carefully applied and targeted spot-spraying or wiping.

    Improve degraded areas of habitat on the project site, and manage for the spiny rice-flower.Revegetated areas should be established prior to the removal of occupied habitat. Notehowever, that revegetation can be both intensive and expensive.

    Fence habitat on at least three sides to limit use as a thoroughfare, and erect interpretive/educational signage to highlight conservation significance.

    Use sealed roads and footpaths outside the reserve boundary to limit the spread of weedsand help control fire.

    Control vertebrate pests (for example rabbits) where these animals are a threat.

    Source: Long, K. and Robey, A. 2004. Cost effective feral animal exclusion fencing for areas of high conservation valuein Australia. Arthur Rylan Institute, DSE, Heidelberg, Vic.

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    Where can I get moreinformation?

    The background paper to this policy statementis available at the departments website www.environment.gov.au/epbc/guidelines-policies.html ,

    and provides the biological and ecologicalcontext to the survey guidelines, significantimpact thresholds and mitigation measures.The Victorian Department of Sustainability andEnvironment (DSE) also have a fact sheet andaction statement for the spiny rice-flower: seewww.dse.vic.gov.au .

    Other EPBC Act policy statements will helpyou to understand the EPBC Act and yourobligations. They are available from the

    departments website www.environment.gov.au/epbc/guidelines-policies.html , or bycontacting the community information unit byemail: [email protected] or by phone:1800 803 772.

    The protected matters search tool and VictoriaWildlife Atlas can provide a good starting pointfor determining the likelihood of having matters ofnational environmental significance in your area.

    Further information including details on otherlisted threatened species and ecologicalcommunities is at the departments speciesprofiles and threats database (SPRAT) at: www.environment.gov.au/cgi-bin/sprat/public/sprat.pl .

    Translocation

    Translocation does not reduce the impact of anaction. Translocation of the spiny rice-floweris not considered to mitigate or offset the

    impact of an action as it has not been shownto be successful for the subspecies (that is,translocated plants have not reproduced).

    In limited circumstances, where very smallnumbers of individuals of a subspeciesare proposed for translocation and theproposal is consistent with best practise, thentranslocation may be considered for salvagepurposes, in addition to appropriate mitigatingmeasures. Such translocation may be tried

    as an experiment and must be undertakenin association with a fully costed and fundedmonitoring program and adaptive managementstrategy with clearly stated criteria for identifyingsuccess. Additional permits may be required toundertake salvage translocation.

    PHOTO CREDITS All images taken by T. Ward, DEWHA

    http://www.environment.gov.au/epbc/guidelines-policies.htmlhttp://www.environment.gov.au/epbc/guidelines-policies.htmlhttp://www.dse.vic.gov.au/http://www.environment.gov.au/epbc/guidelines-policies.htmlhttp://www.environment.gov.au/epbc/guidelines-policies.htmlmailto:[email protected]://http//www.environment.gov.au/erin/ert/epbc/index.htmlhttp://www.environment.gov.au/cgi-bin/sprat/public/sprat.plhttp://www.environment.gov.au/cgi-bin/sprat/public/sprat.plhttp://www.environment.gov.au/cgi-bin/sprat/public/sprat.plhttp://www.environment.gov.au/cgi-bin/sprat/public/sprat.plhttp://http//www.environment.gov.au/erin/ert/epbc/index.htmlmailto:[email protected]://www.environment.gov.au/epbc/guidelines-policies.htmlhttp://www.environment.gov.au/epbc/guidelines-policies.htmlhttp://www.dse.vic.gov.au/http://www.environment.gov.au/epbc/guidelines-policies.htmlhttp://www.environment.gov.au/epbc/guidelines-policies.html
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