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Woodmore Track – Toolangi State Forest 298-515-0006 INVESTIGATION REPORT Investigation into Leadbeater's Possum (Gymnobelideus leadbeateri) Habitat Management Prescriptions within VicForests scheduled logging coupe 298-515-0006 (and overlapping coupes 298-515-0005 and 298-515-0008) Abstract VicForests scheduled logging coupe 298-515-0006 (and parts of overlapping coupes 298-515-0005 and 298-515-0008) were investigated to assess the presence/absence of Leadbeater's Possum “Zone 1A habitat” to inform planning and operational compliance with the relevant instruments of the regulatory framework designed to provide minimum protection for the potential habitat of the endangered Leadbeater's Possum (LBP). The instruments assessed for compliance were the: Central Highlands Forest Management Plan's Leadbeater's Possum Management Prescriptions (FMP) and; The Flora and Fauna Guarantee Act 1988 Action Statement for Leadbeater's Possum #062. Additionally, the results of this investigation were analysed using; The recommendations of the latest scientific approach to potential Leadbeater’s Possum habitat management prescriptions contained within the Fenner School of Environment and Society, Australian National University's “New Restoration Forest Management Prescriptions to Conserve Leadbeater's Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria” and; The revised Hollow-bearing Tree densities contained within the the recent Leadbeater’s Possum Advisory Group (for the/of the Victorian Government's) “Leadbeater’s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security ,” 20 January 2014 An area of Leadbeater's Possum “Zone 1A habitat” (LBP Z1A under the FMP) was identified within VicForests scheduled logging coupe 298-515-0006 (and overlapping coupes 298-515-0005 and 298-515- 0008) during this investigation. The criteria for assessment used, methodology employed and the results of the investigation are detailed below. Surveyor/Author Andrew Lincoln Fauna and Flora Research Collective Inc. Date of Investigation May 2014 Date of report 12/05/2014 140512 - Woodmore Track, Toolangi SF - 298-515-0006 - LBP Z1A Investigation_Report - AL_FFRC 1

Woodmore Track – Toolangi State Forest€¦ · Central Highlands Forest Management Plan - Leadbeater's Possum Mangaement Prescriptions 6 6 Forest Management Plan for the Central

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Woodmore Track – Toolangi State Forest

298-515-0006

INVESTIGATION REPORT

Investigation into Leadbeater's Possum (Gymnobelideus leadbeateri) Habitat ManagementPrescriptions within VicForests scheduled logging coupe 298-515-0006 (and overlapping coupes

298-515-0005 and 298-515-0008)

AbstractVicForests scheduled logging coupe 298-515-0006 (and parts of overlapping coupes 298-515-0005 and 298-515-0008) were investigated to assess the presence/absence of Leadbeater's Possum “Zone 1A habitat” to inform planning and operational compliance with the relevant instruments of the regulatory framework designed to provide minimum protection for the potential habitat of the endangered Leadbeater's Possum (LBP).

The instruments assessed for compliance were the: • Central Highlands Forest Management Plan's Leadbeater's Possum Management

Prescriptions (FMP) and;• The Flora and Fauna Guarantee Act 1988 Action Statement for Leadbeater's Possum #062.

Additionally, the results of this investigation were analysed using;• The recommendations of the latest scientific approach to potential Leadbeater’s Possum

habitat management prescriptions contained within the Fenner School of Environment and Society, Australian National University's “New Restoration Forest Management Prescriptions to Conserve Leadbeater's Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria” and;

• The revised Hollow-bearing Tree densities contained within the the recent Leadbeater’s Possum Advisory Group (for the/of the Victorian Government's) “Leadbeater’s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security,” 20 January 2014

An area of Leadbeater's Possum “Zone 1A habitat” (LBP Z1A under the FMP) was identified withinVicForests scheduled logging coupe 298-515-0006 (and overlapping coupes 298-515-0005 and 298-515-0008) during this investigation. The criteria for assessment used, methodology employed and the results of the investigation are detailed below.

Surveyor/AuthorAndrew LincolnFauna and Flora Research Collective Inc.

Date of Investigation May 2014 Date of report 12/05/2014

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Location details

Within and adjacent to VicForests scheduled logging coupe 298-515-0006 (and overlapping coupes 298-515-0005 and 298-515-0008) between Woodmore Track and Murrindindi road in the Toolangi State Forest.

Figure A. Detail from: "Approved Timber Release Plan Map – 2013-2016 (with all approved amendments applied) Toolangi, VicForests, 07 November 2013

* Investigation location within blue box. See Figure B. on the following page for further detail.

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Method 1a (method used for identifying Hollow Bearing Trees for “Zone 1A”)1

Hollow bearing trees ("HBT's") are the basis for the management prescriptions designed to provide some protection for the actual or potential habitat required by the Leadbeater's Possum. This investigation considers all HBT's (trees that contain hollows/cavities) encountered within the survey sitethat were of the species Eucalyptus regnans and likely to be considered as at least in the “mature” growth stage.2

Each Eucalyptus regnans (Mountain Ash) tree encountered and considered mature3 was first inspected for the presence of hollows using binoculars; estimated to be greater than 6.00m in height; and measured at 1.30m above ground level around the trunk of the tree using a tape measure in order to measure the circumference and corresponding DBH measurement for each tree.

Every tree was given a unique ID corresponding to the study site; assigned a "Waypoint" using a "Garmin GPSMAP 62s" GPS at an accuracy minimum of <10m+/- in the position format GDA, UTM; assessed as to the "form" of the tree corresponding to the methodology for "classification of forms of hollow-bearing trees" of Lindenmayer et. al. 19914; analysed as to the form of the hollows present on the tree; assessed against the “tree growth stages” schema of Jacobs (1955); marked with "flagging tape"containing its unique ID; and finally, where possible, photographed at its base and upper branches. All of these details were noted and recorded on site.

Investigations at the site begun at various locations within and adjacent to the area of forest scheduled asVicForests “clear felling” coupe 298-515-0006. The forest was searched for HBT's following the methodology described above. As each HBT was inspected and recorded the forest was searched for further HBT's and advanced towards with the above process repeated for each. By noting the topographic and other site characteristics, compass bearing and GPS "waypoint" proximity data, the areadelineated in the "Study Location" section of this report was investigated in this manner until all potential HBT's meeting the relevant criteria encountered were investigated and recorded.

Once the above process was completed the HBT location data recorded on site was later imputed into various GPS and GIS mapping software including Garmin and QGIS programs. Each HBT record was assessed against the varying criteria generative of management prescriptions under either the Central Highlands Forest Management Plan or the FFGA Action Statement #062 for the Leadbeater's Possum and analysed using the recommended prescriptions contained within the Fenner School of Environment and Society, Australian National University's “New Restoration Forest Management Prescriptions to Conserve Leadbeater's Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria” and against the revised Hollow-bearing Tree densities contained within the the recent Leadbeater’s Possum Advisory Group (for the/of the Victorian Government's) “Leadbeater’s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security,”.

Data from each HBT were imputed into separate spreadsheets depending on their relevance for meeting each of the management prescriptions, and the tables and corresponding maps presented in the results section of this report were generated.

1 “Zone 1B” investigations were not considered for this report.2 Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, 1955.3 Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, 1955.4 Lindenmayer, D. B., et. al.,"Characteristics of hollow-bearing trees occupied by arboreal marsupials in the montane

ash forests of the Central Highlands of Victoria, south-east Australia", Forest Ecology and Management, Elsevier Science Publishers, Amsterdam, 1991, v40, p. 292

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Method 2a (method used as criteria for inclusion and for analysis)

"First criterion for inclusion/analysis" used in this report:Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #062

5

5 Flora and Fauna Guarantee Action Statement, Leadbeater's Possum, Gymnobelideus leadbeateri #062, Department of Sustainability and Environment, Melbourne, 2003, p. 5-6

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Method 2b (method used as criteria for inclusion and for analysis)

"Second criterion for inclusion/analysis" used in this report:Central Highlands Forest Management Plan - Leadbeater's Possum Mangaement Prescriptions

6

6 Forest Management Plan for the Central Highlands, Department of Natural Resources and Environment, 1998, p21-

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Method 2c (method used as criteria for inclusion and for analysis)

"Third criterion for inclusion/analysis" used in this report:From: “New Restoration Forest Management Prescriptions to Conserve Leadbeater’s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria”7

“1. A new zoning system for Leadbeater’s Possum

Background scientific information: The habitat requirements of Leadbeater’s Possum have been the topic of a series of detailed studies over the past 25 years (Lindenmayer et al. 1991b, 1994, 2011b). That work has shown repeatedly that the probability of occurrence of the species at a site is significantly correlated with the abundance of hollow-bearing trees on a site (Lindenmayer et al. 1991b, 1994, 2011b, 2013a). That is, the more hollow-bearing trees that occur on a site, the higher the probability that Leadbeater’s Possum will occur on that site. Current prescriptions for Zone 1 habitat for Leadbeater’s Possum divide the zoning into habitat containing live trees (Zone 1A) or live and dead trees (Zone 1B). However, the original prescriptions were based on research from 1990-1991 at a time when both Leadbeater’s Possum and hollow bearing trees were considerably more numerous than today. Long-term research has consistently shown the importance of both living and dead trees as nest sites for Leadbeater’s Possum. Indeed, the vast majority of trees occupied by Leadbeater’s Possum are dead hollow-bearing trees (Lindenmayer et al. 1991c), which have poor levels of protection under currentprescriptions. Nevertheless, living hollow-bearing trees are also important because they will remain standing much longer than highly decayed trees (Lindenmayer et al. 2012a) (including persisting after future fire) and will be the next cohort of dead hollow-bearing trees in the future. For this reason, the current zoning system for Leadbeater’s Possum must be revised to include living and dead trees and a reduced detection rate from the original 50% probability of detection on a site (as per the original 1A prescriptions) to a more conservative figure of 40%, in accordance with the increasing rarity of the possum. As shown in Figure 1, this means 8 hollow-bearing trees (living trees and/or dead trees) per 3 ha and irrespective of the density of wattle (Acacia spp.) trees in a stand.

Figure 1: Relationships between the abundance of (living and dead) hollow-bearing trees per 3 ha and the probability of occurrence of Leadbeater’s Possum

7 David B. Lindenmayer, David Blair, Lachlan McBurney and Sam Banks, New Restoration Forest Management Prescriptions to Conserve Leadbeater’s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria, Version 2: July 2013, Fenner School of Environment and Society, Australian National University,Canberra, ACT, Australia, Version 2, July 2013, p. 2-4

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Based on the results of ongoing and recently updated work on the habitat requirements of Leadbeater’s Possum, we argue there is a need to redefine Zone 1 habitat for the species. This redefinition demands that both living and dead trees are considered in the definition of Zone 1 forest.

To better protect identified habitat areas a 100 m wide buffer should be established adjacent to the boundary of a given area of Zone 1 habitat to: (1) protect hollow-bearing trees from fires lit to regenerate nearby logged areas, (2) protect hollow-bearing trees from wind damage, and (3) protect colonies of Leadbeater’s Possum because the species is sensitive to disturbance of the surrounding landscape (Lindenmayer et al. 1993a, 2013a). Areas of Zone 1 habitat should be recognised as Special Protection Zones and this status means that it is possible to plan for the location of loggable areas. To avoid areas of Zone 1 forest being mistakenly logged, careful aerial and on-ground assessments of all areas proposed for logging in the montane ash forests of the Central Highlands ofVictoria must be completed prior to harvesting taking place. The location of areas of Zone 1 forest and the adjacent buffers must be mapped and the subsequent spatial data lodged on the GovernmentGeographic Information System to ensure they are clearly delineated as logging exclusions.

Prescription 1:

1.1.1 Zone 1 habitat for Leadbeater’s Possum is any area of forest of 3 hectares or more that supports eight or more living or dead hollow-bearing trees per 3 hectares. 1.1.2 Zone 1 habitat will be protected by a 100 m wide buffer of unlogged forest. 1.1.3 Logging is not permitted in Zone 1 habitat or in associated buffers. 1.2 Careful aerial and on-ground assessments of all areas proposed for logging must be completed prior to commencement of harvesting.

1.3 The location of areas of Zone 1 forest and the adjacent buffers will be mapped and the subsequent spatial data lodged on the Government Geographic Information System.”

“Glossary

Hollow: Any cavity at any height in a tree including holes, fissures and hollow branches (as determined by observation using binoculars; see Lindenmayer et al., 1993b) and which can be occupied by any species of arboreal marsupial.

Hollow-bearing tree: A hollow-bearing tree is defined as any tree of any height, whether it is livingor dead, greater than 80 cm in diameter at breast height and containing one or more hollows (sensu Lindenmayer et al. 1997; see Lindenmayer et al. 1993b).”8

8 David B. Lindenmayer, David Blair, Lachlan McBurney and Sam Banks, New Restoration Forest Management Prescriptions to Conserve Leadbeater’s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria, Version 2: July 2013, Fenner School of Environment and Society, Australian National University,Canberra, ACT, Australia, Version 2, July 2013, p. 2-4

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Method 2d (method used as criteria for inclusion and for analysis)

"Fourth criterion for inclusion/analysis" used in this report:“Leadbeater’s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security

Leadbeater’s Possum Advisory Group 20 January 20142 Recommended Package of Actions6.) Amend the definition of Leadbeater's Possum Habitat Zone 1AIntent: To protect hollow-bearing trees to increase the chance of retaining suitable habitat for Leadbeater’s Possums. The more hollow-bearing trees per hectare on a site, the higher the probability is that Leadbeater’s Possum will occur on that site. Current prescription: Zone 1A is currently defined as 12 live, mature hollow-bearing ash trees per three hectare patch, with hollow-bearing trees defined by the DEPI Survey Standards: Leadbeater’s Possum Habitat Zones.9

Action:

Amend the definition of Zone 1A to 10 live, mature or senescent hollow-bearing ash trees per three hectare patch. (The definitions of mature, senescent, hollow-bearing, patch and all other definitions included in the survey methodology are to remain as described within the current DEPI Survey Standard: Leadbeater’s Possum Habitat Zones.)

Supporting and enabling actions:

Ensure that these areas are mapped, consolidated and published as datasets in DEPI’s Corporate Spatial Data Library and replicated in VicForests’ information systems.

Ensure that this information is accessible to stakeholders to inform forest management planning, timber planning, compliance, enforcement, and auditing, and fire planning and suppression.

Undertake an estate-wide inventory to improve the understanding of the extent of Zone 1A habitat, building upon ARI assessments.

Timing: Immediate benefits

Responsible agency: DEPI / VicForests

Risk:

The current extent and distribution of mature, senescent or hollow-bearing ash trees across the Leadbeater’s Possum range is largely unknown.”10

9 This is the current applied definition following MyEnvironment Inc v VicForests 2012 and confirmed in the 2013 Supreme Court of Appeal decision. [#See note above]10 Leadbeater’s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security, Leadbeater’s Possum Advisory Group, 20 January 2014, p. 12-13

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#Note: The Leadbeater’s Possum Advisory Group's suggestion above that “mature hollow-bearing ash trees” are appropriately defined in the “DEPI Survey Standard: Leadbeater’s Possum Habitat Zones” is not a premise supported or followed by this report.

The “technical report” underpinning the “recommendations report” discussed above considers Hollow-bearing Trees throughout the technical report (see e.g. p. 61) seemingly in the scientific sense applied by the ANU research team (see Method 2c's “Glossary” above) and accordingly defines a Hollow-bearing Tree in its Glossary even more liberally as “any tree, dead or live, that contains a hollow of any shape or size.” (p. 104). Only through its recommended management actions does it revert to the “DEPI Survey Standard's” narrow definition.

For further details see APPENDIX B at the end of this report for criticism of the “DEPI Survey Standard's” truncation of the definition of “maturity” by the Fenner School of Environment and Society, Australian National University's research team.

Results 1a (Hollow-bearing Tree data)

The following 32 HBT's were recorded within the study location. Details of these HBT's are presented in thefollowing table. The “Table Key” below explains each of the codes used within the table to present details collected on each HBT.

Table 1a(i). 32 Hollow Bearing Trees recorded during survey. All co-ordinates in GDA/UTM.

Table 1a(ii). Table Key describing Table 1a(i).

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#SEE ATTACHED APPENDIX A FOR HBT PHOTOGRAPHS [NB: HBT's WW001-WW007 photos not available]

No. Species Jacobs (1955)

1 WT001 55 H 371703 5850026 <10 1 5.12 1.63 2(d) 2 147 ≥J(3)

2 WT002 55 H 371677 5850005 <10 1 6.11 1.94 2(d) 2 175 ≥J(3)

3 WT003 55 H 371694 5849953 <10 1 5.81 1.85 2(d) 2 167 ≥J(3)

4 WT004 55 H 371689 5849747 <10 1 4.66 1.48 2(d) 1 134 ≥J(3)

5 WT005 55 H 371681 5849740 <10 1 4.78 1.52 2(d) 2 138 ≥J(3)

6 WT006 55 H 371776 5849642 <10 1 4.88 1.55 2(d) 2 141 ≥J(3)

7 WT007 55 H 371769 5849628 <10 1 4.83 1.54 2(d) 2 139 ≥J(3)

8 WT008 55 H 371756 5849607 <10 1 5.40 1.72 2(d) 2 155 ≥J(3)

9 WT009 55 H 371758 5849563 <10 1 5.85 1.86 2(d) 2 168 J(4)

10 WT010 55 H 371728 5849542 <10 1 6.00 1.91 2(d) 2 172 J(4)

11 WT011 55 H 371736 5849522 <10 1 5.00 1.59 2(d) 2 144 J(4)

12 WT012 55 H 371743 5849532 <10 1 4.83 1.54 2(d) 2 139 ≥J(3)

13 WT013 55 H 371749 5849592 <10 1 5.95 1.89 2(d) 2 171 J(4)

14 WT014 55 H 371726 5849639 <10 1 5.25 1.67 3 2 151 J(5)

15 WT015 55 H 371740 5849639 <10 1 5.23 1.66 2(d) 2 151 ≥J(3)

16 WT016 55 H 371709 5849674 <10 1 5.03 1.60 2(d) 2 145 ≥J(3)

17 WT100 55 H 371744 5849735 <10 1 4.08 1.30 2(d) 1 118 ≥J(3)

18 WW001 55 H 371551 5849898 <10 2 9.60 3.06 2(d) 2 273 J(5)

19 WW002 55 H 371568 5849867 <10 2 8.70 2.77 2(d) 2 248 J(5)

20 WW003 55 H 371596 5849878 <10 1 6.70 2.13 2(d) 2 192 J(4)

21 WW004 55 H 371604 5849817 <10 1 6.80 2.16 2(d) 2 195 J(4)

22 WW005 55 H 371633 5849801 <10 2 8.60 2.74 2(d) 2 245 J(5)

23 WW006 55 H 371670 5849654 <10 1 6.90 2.20 2(d) 2 198 J(4)

24 WW007 55 H 371711 5849634 <10 2 8.20 2.61 2(d) 2 234 J(5)

25 WV001 55 H 371617 5849431 <10 1 4.30 1.37 2(d) 1 124 ≥J(3)

26 WV002 55 H 371589 5849430 <10 2 6.73 2.14 2(d) 2 193 J(5)

27 WV003 55 H 371554 5849417 <10 2 6.00 1.91 2(d) 2 172 J(5)

28 WV004 55 H 371551 5849436 <10 2 6.00 1.91 2(d) 2 172 J(5)

29 WV005 55 H 371643 5849514 <10 1 6.00 1.91 2(d) 2 172 J(4)

30 WV006 55 H 371710 5849537 <10 1 5.84 1.86 2(d) 2 168 J(4)

31 WV007 55 H 371754 5850006 <10 1 5.69 1.81 2(d) 2 164 ≥J(3)

32 WV008 55 H 371802 5850016 <10 1 6.10 1.94 2(d) 2 175 ≥J(3)

HBT Tree ID/ Way-

pointLocation/GPS Co-

ordinatesGPS +/ -

Form (Lindenmayer 1991)

Circ- umfe- rence

at 1.3m (m)

DBH (m )

Hollow s Type/ Description

Ashton (1975) Age Class

Determ ination

Ashton (1976) AGE SUM

log(y) = 1.02 log(x) (years)

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

E.regnans

TABLE KEYFurther Information Ashton (1975) Age

Lindenmayer (1991): Hollow Type/Description: Recorded: Class Determination: Jacobs (1955):

1 Mature, living tree w ith hollow s 1 Large obvious hollow s 3(a) Multiple leading stems 1 < 1.50 DBH - “Not Mature” J(1) Regeneration

2 Mature, living tree w ith hollow s 2(a) Fissures 3(b) Low Branching (approx. 40-80 years) J(2) Regrow th

and dead/broken top 2(b) Dead/Broken Top 3(c) Irregular Crow n 2 ≥ 1.50 DBH - “Mature” J(3) Mature (younger)

2(c) Hollow spouts 3(d) Major Scars (approx. 100-300 years) J(4) Mature (older)

2(d) Basal f ire scars/hollow s J(5) Senescing (1)

3 Hollow s on trunk(direction) J(6) Senescing (2)

Notes on Results 1a (Hollow Bearing Tree data) [previous page]

Ashton (1975) considers Eucalyptus regnans trees greater than 1.50m DBH over bark as “mature”. However Ashton (1976), considers Eucalyptus regnans trees greater than 1.32m DBH over bark as 120 years old (FFGA LBP AS #062 “mature”).11

However, each HBT is assessed according to the range of criteria concerning their status as “mature”, as presented in the preceding tables, and further explained in this reports' “discussion” section.

The minimum criteria used to include a tree as a “mature” HBT within this investigation is its assessment as equal to or greater than “J3” (being the third growth stage, “Mature (younger)” of Jacobs (1955)12).

This criteria (Jacobs 1955), is referred to by Justice Osborne at paragraph 246 in his Judgment in MyEnvironment Inc. v VicForests in the Victorian Supreme Court 14 March 2012 [2012 VSC 91].

See this report's discussion section and APPENDIX' A and B for further details (Item 22).

Results 1b – Figures 1-4. [following 4 pages]

Figure 1.• All 32 Hollow Bearing Trees recorded during survey, as listed in Table 1a. are displayed in Figure 1.• Each living HBT is represented by a “green circle” symbol and is positioned and labeled according

to its unique HBT ID and GPS location as displayed in the preceding Tables 1a. • The “red polygon” (centre) shows the scheduled coupe extent of coupe 298-515-0006. (30.63ha)• The total area contained within the “blue polygon” is 7.61ha representing a HBT density of

4.21 per hectare for the 32 trees included in the polygon generation. • 6 Stags (dead Eucalypt trees) are displayed as “brown diamonds”.• (NB: the “Stags (dead HBT's)” are not included in the polygon generation/density calculations)

Figure 2.• Figure 2. shows the same information as described above overlayed on satellite imagery.

Figure 3.• All 32 living HBT's and 6 dead HBT's (stags) are displayed in Figure 3. (see above for symbology)• The total area contained within the “solid green polygon” is 14.17ha representing a HBT

density of 2.68 per hectare for the 38 trees included in the polygon generation. • (NB: the “Stags (dead HBT's)” are also included in the polygon generation/density calculations)

Figure 4.• All 32 living HBT's and 6 dead HBT's (stags) are displayed in Figure 3. (see above for symbology)• The total area contained within the “solid purple polygon” is 9.58ha representing a HBT

density of 3.34 per hectare for the 32 trees included in the polygon generation. • (NB: the “Stags (dead HBT's)” are not included in the polygon generation/density calculations)

11 Flora and Fauna Guarantee Action Statement, Leadbeater's Possum, Gymnobelideus leadbeateri #062, Department of Sustainability and Environment, Melbourne, 2003, p. 5-6

12 Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, 1955.

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Discussion 1 (considering Method 2a)

Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #062ZONE 1A The first dot point for FFGA Zone 1A classification

The "First criterion for inclusion/analysis" followed in this investigation requires that; "mature ash forest (>120 years old) and mixed aged ash forest where the oldest age class is mature (>120 years old)" be protected form logging by its inclusion in "Zone 1A Special Protection Zones" ("Zone 1A SPZ").

Additional criterion; "the minimum area for assessment and establishment of Zone 1A type forest shall be 3 hectares."

1. Within the 7.61ha Leadbeater's Possum Zone 1A patch presented in Results 1b Figure 1. as the blue polygon there is 32 HBT's of varying sizes ranging from a Eucalyptus regnans indivdual at 1.30m DBH to a Eucalyptus regnans indivdual at 3.06m DBH.

2. In Justice Osborne's Judgment in MyEnvironment Inc. v VicForests in the Victorian SupremeCourt 14 March 2012 His Honour at Paragraph 177 refers to "Smith and Lindenmayer, ‘TreeHollow Requirements of Leadbeater’s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands’ (1988)"13 and in particular its reference to the "Ashton (1976)"14 publication of Eucalyptus regnans tree age as determined by DBH measurements accompanied by its corresponding caution:15

3. In 1975 Ashton, D. H. published the following table indicating a correlation between DBH measurements and age classification:16

4. If the "criterion for inclusion" under consideration here is for "mixed aged ash forest where the oldest age class is mature (>120 years old)" then it must be considered whether the oldest age class within the study location is "mature (>120 years old)".

5. Of the 32 HBT's within the “blue polygon” 29 of these had a DBH =/> than 1.5m.

6. According to Ashton (1975) Eucalyptus regnans trees with a DBH between 1.50m and

13 Smith and Lindenmayer, ‘Tree Hollow Requirements of Leadbeater’s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands’ (1988) 15 Australian Wildlife Research 347.

14 Ashton, D. H., "The Development of Even-aged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 1976, 24, 397-414

15 ibid., p. 40216 Ashton, D. H., "The Root and Shoot Development of Eucalyptus regnans F. Muell", Australian Journal of Botany,

1975, 23, p. 868

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2.50m are considered to be "Mature" and between 100 - 300 years old.

7. At least 29 of the HBT's used in the polygon generations are "Mature" and within the age-class "100 - 300 years".

8. Using the equation indicating a relationship between DBH and age given in Ashton (1976), “logy = 1.02 logx” where “y” is the DBH (cm) and “x” the age in years17 the minimum age of 29 trees considered under this criterion given a DBH of 1.50m is 136 years.

9. 31 of the 32 HBT's considered within this report are considered > 120 years according to Ashton (1976) with each having a DBH ≥ 1.34m.

10. The oldest age class in the forest within the 7.61ha Leadbeater's Possum Zone 1A patche is thus "mature (>120 years old)" and exists in an area greater than 3 hectares.

11. The data presented in Table 1a. and Figure 1. indicate that the forest type within the area under investigation is mixed aged ash-eucalypt forest.

12. The study location indicated in Figures 1. must be included in the SPZ under this criterion.

ZONE 1A The second dot point for FFGA Zone 1A classificationThe "Second criterion for inclusion/analysis" followed in this investigation requires that; "regrowth ash forest with at least 12 live hollow bearing trees per 3 ha" be protected form logging by its inclusion in "Zone 1A Special Protection Zones" ("Zone 1A SPZ").

Additional criterion; "the minimum area for assessment and establishment of Zone 1A type forest shall be 3 hectares."

13. The data presented in Table 1a. and its corresponding Figure 1. within the “blue polygon” displays an area of forest of 7.61ha as present within and adjacent to the subject scheduled coupes that contain 32 living HBT's.

14. 32 living HBT's within 7.61ha equates to a living HBT density of 4.21living-HBT's/ha which is greater than that which is required under the present criterion (12 living-HBT's/3ha equating to 4 living-HBT's/ha).

15. At least 12 live hollow bearing trees per 3 ha exist within the study location for this criterion.

16. The area indicated in Figure 1. generated from the data in Table 1a. must be included in the SPZ under this criterion.

17 Ashton, D. H., "The Development of Even-aged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 1976, 24, 397-414, p. 402

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Discussion 2 (considering Method 2b)

Central Highlands Forest Management Plan - Leadbeater's Possum Management Prescriptions

CH FMP ZONE 1A interpretationThe "Third criterion for inclusion/analysis" followed in this investigation requires that; ">12 Living trees of the species Mountain Ash, Alpine Ash or Shining Gum containing hollows per 3 ha in patches greater than 3 ha" be protected form logging by its inclusion in "Zone 1A Special Protection Zones" ("Zone 1A SPZ").

Additional criterion; considered in this investigation is that each of the HBT's considered under this "Third criterion for inclusion" be "mature and/or senescent".

1. The data presented in Table 1a. and it corresponding Figures 1. displays a 7.61ha patch of forest as the blue polygon that contains 32 HBT's of the species Eucalyptus regnans within and/or adjacent to the scheduled logging coupes under consideration in this report.

2. 32 living HBT's within 7.61ha equates to a living HBT density of 4.21 living-HBT's/ha which is equal to or greater than that which is required under the present criterion (>12 living-Eucalyptus regnans-HBT's/3ha in patches > than 3ha, equating to > 4 living-Eucalyptus regnans-HBT's/ha).

Ashton (1975)3. As already explained in the "FFGA discussion" above, Ashton (1975) considers trees of

DBH ≥ 1.50m to be "Mature".

4. 31 living-Eucalyptus regnans-HBT's in Results 1 have DBH measurements ≥ 1.50m indicating that they are “mature”.

5. The remaining 1 living-Eucalyptus regnans-HBT included in the Results 1. section of this report which is less than 1.50m DBH is addressed as follows:

Jacobs (1955)6. In Justice Osborne's Judgment in MyEnvironment Inc. vs VicForests in the Victorian

Supreme Court 14 March 2012 His Honour at Paragraph 246 addresses the complicated nature of characterising and identifying both "maturity" and "senescence":

246 It was submitted on behalf of MyEnvironment that the terms ‘mature’ and ‘senescing’ were so uncertain as to be meaningless. Whilst I accept that the evidence shows that a mature tree might be over 100 years old or might only be 90 years old, I do not accept this submission. It is apparent that the terms ‘mature’ and ‘senescing’ have a meaning well understood by foresters, which accords with that articulated by Jacobs in the 1955 publication to which the FMP itself refers.18 Further, they are terms deliberately adopted in the earlier section of the FMP which utilises them for the classification of forest stages. Mr Ryan reproduced in evidence Jacob’s classification. The classification is based upon the form of the crown of the tree assessed. He explained that the illustration was originally prepared with respect to Blackbutt eucalyptus pilularis. I accept that the terms are capable of ready practical application on the ground.

18 Mr Spencer’s evidence is that in practice VicForests applies this standard conservatively and treats the standard as being met where there are 10 mature or senescing trees per 3 hectares.

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7. Osborne J acknowledges that trees younger than those in the age class "100-300years" designated by Ashton (1975) may be "mature", due to varying interpretations of "maturity" but that given the LBP habitat prescriptions were designed not for scientists but for foresters a general interpretation of maturity based on an even more subjective view of each HBT's "crown form" was favoured. See the following diagram:

8. All of the 32 living-Eucalyptus regnans-HBT's recorded were assessed against the schemtaic diagram of Jacobs (1955) and were found to conform to at least the third stage (“J3”) which aims to represent “Mature (younger)” trees.

9. All of the 32 living-Eucalyptus regnans-HBT's recorded are thus classified as “mature'' (See Table 1. and Appendix A HBT photographs for further detail).

Maturity (General)10. I. R. Ball et. al. in "A tree hollow dynamics simulation model"19 considers the questions of

"maturity" and "senescing" with again another interpretation.

11. This paper defines any tree characterised as "Form 1" ("mature living tree with hollows")20 or above as "senescing" due to development in its degree of decay. "Form 0" in this report isthe only growth stage that classifies trees as neither mature nor senescing. "Form 0" trees do not contain hollows. By implication all HBT's of any age class or DBH are prima facie considered to be both "mature and/or senescing".

12. All HBT's recorded in the course of this investigation are of "Form 1" or a greater form of senescence and under this interpretation are "mature and/or senescing".

Ashton (1976)13. In addition Ball et. al. reiterate precaution in the use of DBH measurements as an indicator

of age class by stipulating that the sum published by Ashton (1976) (and republished in this report as "Y = X1.02", where Y is the DBH and X the age in years) relates to the age class "before decay begins".21

19 I.R. Ball et al., "A tree hollow dynamics simulation model", Forest Ecology and Management 123 (1999) 179-19420 ibid. p. 18221 ibid. p. 182

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14. Using this equation, "Y = X1.02", where Y is the DBH(cm) and X the age in years” 22, the minimum age of trees considered under this criterion given a DBH of 1.30m is 118 years.

15. This equation is further reproduced in Dean, Christopher et. al. “Growth Modelling of Eucalyptus regnans for Carbon Accounting at the Landscape Scale”23, where it is accompanied by the following figure:

Maturity (Summary)16. All 53 living Eucalytpus regnans HBT's with a DBH greater than 1.32m (120 years) or that

conform to “J3” (or greater) of Jacobs (1955) as displayed in Table 1a. and mapped in Figures 1. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in configurationsof > 4 HBT's per 3ha over areas > 3ha.

17. The area within the “blue polygon” in Figures 1. generated from the data in Table 1a. must be included in the SPZ under this criterion.

22 ibid. p. 18223 Dean, Christopher et. al. “Growth Modelling of Eucalyptus regnans for Carbon Accounting at the Landscape

Scale”, in Amaro, A. et al. (ed), Modelling Forest Systems, CABI Publishing, Oxon, UK, 2003

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Discussion 3 (considering Method 2c)

“New Restoration Forest Management Prescriptions to Conserve Leadbeater’s Possum and Rebuildthe Cover of Ecologically Mature Forest in the Central Highlands of Victoria”24

Prescription 1: 1.1.1 Zone 1 habitat for Leadbeater’s Possum is any area of forest of 3 hectares or more that supports eight or more living or dead hollow-bearing trees per 3 hectares.

1.1.2 Zone 1 habitat will be protected by a 100 m wide buffer of unlogged forest.

Glossary Hollow: Any cavity at any height in a tree including holes, fissures and hollow branches (as determined by observation using binoculars; see Lindenmayer et al., 1993b) and which can be occupied by any species of arboreal marsupial.

Hollow-bearing tree: A hollow-bearing tree is defined as any tree of any height, whether it is living or dead, greater than 80 cm in diameter at breast height and containing one or more hollows (sensu Lindenmayer et al. 1997; see Lindenmayer et al. 1993b).

Zone 1 Habitat1. 38 Hollow-bearing Trees (“HBT's”) were observed and recorded within or adjacent to the

forest that comprises VicForests scheduled and “tapped out” logging coupe 298-515-0006.

2. Each of these 38 HBT's were a mix of living and dead trees and each was observed as clearly > 0.8m DBH and contained one or more hollows in accordance with “Prescription 1.” and its corresponding “Glossary” detailed above.

3. “Prescription 1.” requires a HBT density of ≥ 2.67 HBT's p/ha.

4. The “solid green line” encompassing all of the HBT's shown in Results 1b Figure 3 is 14.17 hectares, and as such is clearly “3 hectares or more”. This area of forest has a HBT density of 2.68 HBT's p/ha.

5. The area of forest within the “solid green line” is Zone 1 potential habitat for Leadbeater's Possum.

100m Zone 1 Habitat Buffer6. Figure 3. shows a “dashed green line” polygon offset at 100m from the perimeter of the

14.17ha LBP Zone 1 Habitat identified above.

ANU LBP Z1 Summary7. Logging should be excluded from the area of forest contained within the 100m buffer

“dashed green line” surrounding the “ANU Zone 1” patch displayed in Results 2. Figure 3.

24 David B. Lindenmayer, David Blair, Lachlan McBurney and Sam Banks, New Restoration Forest Management Prescriptions to Conserve Leadbeater’s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria, Version 2: July 2013, Fenner School of Environment and Society, Australian National University,Canberra, ACT, Australia, Version 2, July 2013, p. 2-4

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Discussion 4 (considering Method 2d)

“Leadbeater’s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security”

2 Recommended Package of Actions6.) Amend the definition of Leadbeater's Possum Habitat Zone 1AIntent: To protect hollow-bearing trees to increase the chance of retaining suitable habitat for Leadbeater’s Possums. The more hollow-bearing trees per hectare on a site, the higher the probability is that Leadbeater’s Possum will occur on that site.

Current prescription: Zone 1A is currently defined as 12 live, mature hollow-bearing ash trees perthree hectare patch, with hollow-bearing trees defined by the DEPI Survey Standards: Leadbeater’s Possum Habitat Zones.25

Action: Amend the definition of Zone 1A to 10 live, mature or senescent hollow-bearing ash trees per three hectare patch. (The definitions of mature, senescent, hollow-bearing, patch and all other definitions included in the survey methodology are to remain as described within the current DEPI Survey Standard: Leadbeater’s Possum Habitat Zones.)26

Zone 1A Habitat1. The data presented in Table 1a. and it corresponding Figure 4. displays a 9.58ha patch of

forest as the “purple polygon” that contains 32 HBT's of the species Eucalyptus regnans within and/or adjacent to the scheduled logging coupes under consideration in this report.

2. 32 living HBT's within 9.58ha equates to a living HBT density of 3.34 living-HBT's/ha which is equal to or greater than that which is required under the present criterion's recommended ammendments to ≥10 living(mature)-Eucalyptus regnans-HBT's/3ha in patches > than 3ha, equating to > 3.33 living(mature)-Eucalyptus regnans-HBT's/ha).

3. The 34 Hollow-bearing Trees (“HBT's”) displayed within Results 2b. Figure 4. are all considered “mature” in the same way as was detailed within Discussion 1 and 2 above.

4. The area of forest within the “purple polygon” displayed within Results 2b. Figure 4 is “LPAG recommended Zone 1A” habitat for Leadbeater's Possum and should be excluded from logging and included in the Special Protection Zone (SPZ).

25 This is the current applied definition following MyEnvironment Inc v VicForests 2012 and confirmed in the 2013 Supreme Court of Appeal decision. [#See note on page 9. above and APPENDIX B]26 Leadbeater’s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security, Leadbeater’s Possum Advisory Group, 20 January 2014, p. 12-13

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Conclusions (considering Discussion's 1-4/Methods 2a-d)

1. An area of Leadbeater's Possum “Zone 1A habitat” identified under the each of the various prescriptions summarised below was identified within this investigation within and adjacent to scheduled coupe 298-515-0006. This area must be protected from logging and the impactsof “regeneration burning” via its inclusion in the “Special Protection Zone” (SPZ).

In summary, this conclusion is drawn from the following;Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #062ZONE 1AThe first dot point

2. The oldest age class within the “blue polygon” presented in Figure 1. is "mature (>120 years old)" and is an area greater than 3 hectares.

3. The forest identified within the “blue polygon” in Figure 1. generated from the data in Table 1a. must be included in the SPZ under this criterion.

ZONE 1AThe second dot point

4. At least 12 live hollow bearing trees per 3 ha exist within the “blue polygon” presented in Figures 1. and is an area greater than 3 hectares.

5. The forest identified within the “blue polygon” in Figure 1. generated from the data in Table 1a. must be included in the SPZ under this criterion.

Central Highlands Forest Management Plan - Leadbeater's Possum Management PrescriptionsZONE 1A

6. All 32 living Eucalytpus regnans HBT's with a DBH greater than 1.32m and/or conforming ≥ the “mature” classifications of Jacobs (1955) as displayed in Table 1a. and mapped in Figure 1. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in configurations of > 4 HBT's per 3ha over an area >3ha.

7. The forest identified within the “blue polygon” in Figures 1. generated from the data in Table 1a. must be included in the SPZ under this criterion.

Australian National University - New Restoration Forest Management PrescriptionsRecommended ZONE 1

8. Each of the 38 living and dead Hollow-bearing Trees displayed in Figure 3. are >0.80m DBH and exist within the “green polygon” displayed in Figure 3. at an HBT density ≥ 2.67 HBT's p/ha. This “Zone 1” patch is displayed buffered by the “dashed green polygon” offset at 100m.

9. The forest identified within the “dashed green polygon” in Figure 4. generated from the datain Table 1a. should be included in the SPZ under this criterion.

Leadbeater's Possum Advisory Group - Recommended Prescription AmendmentsRecommended ZONE 1A

10. All 32 living Eucalytpus regnans HBT's with a DBH greater than 1.32m and/or conforming ≥ the “mature” classifications of Jacobs (1955) as displayed in Table 1a. and mapped in Figure 4. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in configurations of > 3.33 HBT's per 3ha over an area >3ha.

11. The forest identified within the “purple polygon” in Figures 4. generated from the data in Table 1a. must be included in the SPZ under this criterion.

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APPENDIX B (Note: APPENDIX A containing Hollow-bearing Tree photographs attached separately)

“Logging of suitable habitat for Leadbeater’s PossumIt has become clear to members of the ANU team that VicForests staff are not sufficiently trained torecognise suitable habitat or habitat trees for Leadbeater’s Possum. This has resulted in areas of suitable habitat for this nationally endangered species being logged. For example, the clear tell-tale signs of the species presence (actively used “keyhole” cavities in dead stag trees) were overlooked on a number of coupes such as South Col in the Toolangi region. This lack of training also includes species other than Leadbeater’s Possum. Consistent, ongoing, formal and adequate training of staff in recognising all habitat elements in these forests is crucial to ecologically sustainable forest management.

In addition, suitable areas of habitat will be logged due to the recent weakening of survey protocols for Leadbeater’s Possum by both DEPI and VicForests, including the deliberate strategic narrowing of their definition of ‘mature’ trees. This truncates the younger end of the original ‘mature’ spectrum by as much as 60 years, leaving hollow bearing trees that are not yet beginning to senesce open to harvesting, including those from 1939 age forest. This clearly goes against the original intention and understanding of those who were responsible for the original LBP Action Statement. These changes are particularly disappointing given that VicForests’ Forest Management Plan (September 2013, v1 for public consultation) states that VicForests is “committed to the maintenance and protection of forest biodiversity” (Section 8, Biodiversity). The commitment is that VicForests will work with other forest managers to “protect sufficient habitat for all species to thrive” and use of the “precautionary approach to environmental management”. The precautionary principle in this instance would involve retaining the original definition of ‘hollow bearing tree’ (any tree with a hollow) rather than taking those who question this change in definition to court.

Given that 42% of the suitable habitat for Leadbeater’s Possum was lost in the 2009 Black Saturday fires, inappropriate assessments of the forest to determine habitat suitability for this species is poor forest management practice. This is a major problem given the very large number of proposed coupes (> 410) on the current Timber Release Plan which are unlikely to be properly assessed prior to the commencement of clearfelling, which will kill animals on site and then render the subsequent regrowth forest unsuitable habitat for Leadbeater’s Possum for at least the following 120 years.”27

27 Lindenmayer, David B., Blair, David, McBurney, Lachlan, “Submission: Comments on Forest Management Practices by Vic Forests”, Fenner School of Environment and Society, The Australian National University, Canberra,September 2012

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