Sandford Street EIS: Ecological Assessment Sandford Street 8.07.09

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    SANDFORD STREET EXTENSIONTO THE FEDERAL HIGHWAY

    ECOLOGICAL ASSESSMENT

    J. McIntosh and D.McC. Hogg

    Report toCardno Young Pty Ltd

    July 2009

    DAVID HOGG PTY LTDACN 008 564 047 ABN 35 008 564 047

    ENVIRONMENTAL CONSULTANTSSUITE 3, BANK BUILDING, JAMISON CENTRE, MACQUARIE, ACT

    POSTAL ADDRESS: PO BOX 213, JAMISON CENTRE, ACT 2614TELEPHONE: (02) 6251 3885 FAX: (02) 6253 1574E-mail: [email protected]

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    CONTENTS

    Page

    1. INTRODUCTION 1

    2. BACKGROUND REPORTS 2

    3. VEGETATION CHARACTERISTICS OF THE SITE 33.1 Overview 33.2 Area A 33.3 Area B 33.4 Area C 43.5 Area D 53.6 Comparison with 2001 Ecological Assessment 5

    4. HABITAT VALUE 7

    5. POTENTIAL IMPACTS ASSOCIATED WITH THE ROAD DEVELOPMENT 85.1 General Ecological Impacts 85.2 Threatened Species and Endangered Ecological Communities 8

    5.2.1 Natural temperate grassland 85.2.2 Box gum woodland 95.2.3 Striped legless lizard 95.2.4 Woodland birds 10

    5.3 Impact on Sullivans Creek and Drainage Lines 11

    6. IMPLICATIONS UNDER THE ENVIRONMENT PROTECTION ANDBIODIVERSITY CONSERVATION ACT 12

    7. IMPLICATIONS UNDER THE PLANNING AND DEVELOPMENT ACT 14

    8. CONCLUSIONS 16

    REFERENCES

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    1. INTRODUCTION

    This report has been prepared for Cardno Young Pty Ltd to provide an ecologicalassessment of the area that is proposed to be developed for the extension of Sandford Street in East Gungahlin. Sandford Street has been identified as an arterial

    road in the Territory Plan and the planned extension would connect FlemingtonRoad, Mitchell, with the Federal Highway at the existing Antill Street roundabout.The proposed road would be approximately 2km in length and would pass along thesouthern boundary of the proposed future new suburb of Kenny.

    Site inspections were undertaken on 7 and 22 May 2009 to:

    assess the ecological characteristics of the area to determine whether previous ecological studies remain current;

    determine the extent and quality of the native vegetation groundcover at the

    site; and identify whether the area within the road reserve contains any threatened

    plant species, any endangered ecological communities or provides suitablehabitat for any threatened animal species.

    The purpose of the report is to identify any particular constraints or significantecological impacts associated with the development of the road including anyimpacts on matters of national environmental significance under the CommonwealthEnvironment Protection and Biodiversity Conservation Act (EPBC Act). The reportreviews the need for a referral to the Commonwealth Government under the EPBC

    Act and also discusses the implications of the project in relation to the ACT Planning & Development Act (P&D Act) .

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    2. BACKGROUND REPORTS

    A previous ecological assessment was undertaken by this firm in 2001 for WP Brownand Partners Pty Ltd as part of a feasibility study for the proposed road extension(Ref. 1). That study assessed the site for potential impacts on natural temperate

    grassland, yellow box red gum woodland and striped legless lizard ( Delma impar )habitat and the assessment concluded that there would be no ecological constraintsthat would affect the location or design of the road.

    A review of this original ecological assessment has been undertaken to determinewhether the information presented in the 2001 report remains current. This isnecessary for the following reasons:

    Since 2001 there have been some significant changes in the groundcover vegetation in many urban and rural areas of the ACT, particularly in terms of an increased proportion of native grasses. A review of the area is thereforenecessary to assess the current ecological characteristics of the site.

    The White Box Yellow Box Blakelys Red Gum woodlands and derivednative grasslands ecological community is now listed as endangered under the EPBC Act . The yellow box red gum grassy woodland communitypresent in the ACT forms part of this endangered community. A review isnecessary to ensure the report is current and adequately addresses therequirements under the EPBC Act.

    The ACT P&D Act, which was gazetted in 2007, requires the preparation of anenvironmental impact statement (EIS) if a proposed development adverselyaffects a listed threatened community or involves clearing more than 0.5hectares of native vegetation. The proposal is reviewed in relation to therequirements of that Act.

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    3. VEGETATION CHARACTERISTICS OF THE SITE

    3.1 Overview

    The original vegetation of the Sandford Street corridor consisted of natural temperate

    grassland at the western end and yellow box red gum grassy woodland at theeastern end. Past agricultural practices such as clearing and pasture improvementhave substantially modified both the communities, parts of which have been further disturbed by the recent construction works. The current vegetation condition of the proposed road corridor ranges from highlydisturbed to predominantly native. For the purpose of this report the study area hasbeen divided into four areas which are described individually below (see Figures 1and 2).

    3.2 Area A

    Area A is located at the western end of the study area between Flemington Roadand the former Wells Station Road (now known as Wells Station Track). This part of the road corridor is flat and contains a single carriage road known as Morisset Street.Prior to European settlement this area was probably natural temperate grassland(Ref. 4) that has been modified over time, first by agricultural practices and recentlyby development.

    The vegetation on both sides of the existing road is indicative of sites that have beenpreviously disturbed and rehabilitated. The roadside is dominated by a mixture of couch grass ( Cynodon dactylon ) and phalaris ( Phalaris aquatica ), and contains other introduced species such as Patersons curse ( Echium plantagineum ), hoary mustard(Hirschfeldia incana ), paspalum ( Paspalum sp.), plantain ( Plantago sp.) and Scotchthistle ( Onopordum acanthium ). The only evidence of native grasses within Area Ais a very small remnant of spear grasses ( Austrostipa sp.) on the southern side of the road corridor. This patch is scattered with a variety of introduced species and isof no ecological value.

    Sullivans Creek runs through the site in a south-west direction and is divertedthrough the Flemington Road ponds system to the south of the site. A stockpile siteand the 2CA radio transmitter site are located to the north of the proposed road

    corridor and the trotting track for the Canberra Harness Racing Club is located to thesouth.

    3.3 Area B

    Area B is located in the middle of the study area and, like Area A, was once naturaltemperate grassland that has been modified over time (see Figure 2). The previous(2001) ecological assessment (Ref. 1) found the grassland to be dominated byphalaris and other introduced grasses with some native spear grasses scatteredthroughout the site.

    Since that assessment, the area has been completely disturbed for the constructionof the Bimberi Youth Justice Centre and associated access road. The proposed

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    Sandford Street extension is located within an area that appears to have beenstabilised with a dryland grass mix at the completion of these works. The vegetationcontains a mixture of introduced grasses with scattered weeds. Species includephalaris, clover ( Trifolium sp.), wire weed ( Polygonum aviculare ), goose grass(Eleusine tristachya ), plantain, hoary mustard and Scotch thistle. Some non-native

    Poa grasses are also present at the site which appears to be regularly mown.

    A small patch of native vegetation is located in the area shown in Figure 2. Thepatch is likely to belong to part of the original vegetation community. It is a verysmall remnant and contains a variety of weeds.

    Site drainage has been managed by directing the flow of water along the front of thenew centre through drainage lines that have been incorporated into the landscapingof the building. A culvert then directs water under the road to a farm dam that islocated south of the site.

    3.4 Area C

    Area C is located in the eastern part of the site and contains vegetation that wasonce part of the yellow box red gum grassy woodland ecological community. Theroad corridor passes through the edge of an area of woodland that is now classifiedas substantially or severely modified in the ACT Lowland Woodland ConservationStrategy. To the north and the south of the site there are areas of partially modifiedlowland woodland (Action Plan No. 27, Ref. 2).

    Trees that are remnant of this woodland community are located within and adjacentto the road reserve. A large number of the trees within the proposed developmentsite are yellow box ( Eucalyptus melliodora ), however one Blakelys red gum(Eucalyptus blakelyi ) is located on the edge of the road corridor. Most are mediumto healthy in condition and some contain hollows that have value as habitat. There isa large amount of young tree regeneration at the base of some of these trees withthe approximate distribution shown in Figure 2. This regeneration extends wellbeyond the site to the north into Kenny.

    The understorey contains a mixture of native and introduced species which occur within the site in distinct locations. The introduced species occur predominantly in adrainage line that runs in a westerly direction through the site and intersects the

    proposed Sandford Street extension in two locations. The drainage line is part of theSullivans Creek catchment and can be seen in Figure 2 as the brighter green stripacross Area C. This wetter area is dominated by phalaris. Other species includeplantain, Juncus sp., catsear ( Hypochaeris radicata ), serrated tussock ( Nassellatrichotoma ) and Patersons curse. A limited amount of native poa tussocks ( Poa sp.)are present in this area along with Carex sp. and wallaby grass ( Austrodanthoniasp.). Other areas of introduced vegetation are found underneath the tree canopieswhich have been intensively grazed and used as sheep camps. Highly disturbedpatches dominated by introduced pasture species, Scotch thistle, sheep sorrel( Acetosella vulgaris ) and bare ground are present at these sites.

    The remainder of the proposed road corridor site contains trees remnant of thewoodland community, tree regeneration and native understorey vegetation

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    dominated by spear grasses. The area contains a low diversity of forbs which arepresent in limited numbers. Forb species, including bluebells ( Wahlenbergia sp) andvanilla glycine ( Glycine tabacina ), were found in one location at the eastern edge of Area C (see Figure 2) but there was little evidence of any more across the site. Inthe western part of Area C, serrated tussock is present in moderate amounts

    amongst the spear grasses.

    Other species that are present amongst the spear grasses across the entire siteinclude native Oxalis sp., wheat grass ( Elymus scaber ) and weeping grass(Microlaena stipoides ) as well as exotics such as nightshade ( Solanum nigrum ) andPatersons curse. Occasional bushes of hawthorn ( Crataegus monogyna ) and briar rose ( Rosa rubiginosa ) are scattered throughout.

    Separating the Federal Highway from the majority of the site is an area of native treeplantings containing a mixture of eucalypts and wattles ( Acacia sp.). These do notrelate to the natural vegetation of the area. A dam is located within this area.

    3.5 Area D

    A fenced equestrian trail is located to the south of the site and runs the entire lengthof the proposed road extension. The trail is approximately twenty metres wide andcontains patches of native and introduced vegetation. It would not be directlyaffected by the road, except where the road crosses the trail north of the Antill Streetroundabout.

    The native vegetation patches contain a larger diversity of species than is found inArea C which is likely to be due to less intensive grazing within the equestrian trailover time. Along with spear grasses, species include redleg grass ( Bothriochloamacra), wallaby grasses and hairy panic ( Panicum effusum ). The introducedpatches are generally localised within the drainage line that also runs through partsof the trail. The dominant species in these introduced patches include phalaris andpaspalum with spear thistles and catsear also present throughout the site.

    3.6 Comparison with 2001 Ecological Assessment

    There have been some obvious changes to the site since the previous 2001ecological assessment was undertaken. While the western end of the site has been

    developed and further disturbed, the eastern end has improved in condition with anincreased proportion of native grasses present within the woodland community andregeneration of the overstorey trees.

    There is now very little evidence of the native spear grass that was found to bescattered throughout the western end of the corridor in 2001. The construction of Morisset Road and the Bimberi Youth Justice Centre has completely modified thissite resulting in a highly disturbed area of very little ecological significance. Theoriginal assessment referred to an area of (Austro)stipa grassland within theequestrian trail corridor immediately south of the Sandford Street extension and eastof the former Wells Station Road. This area was identified in Action Plan No.1 (Ref.

    3) which has since been superseded by Action Plan No.28 (Ref. 4). In this current

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    Action Plan, there are no areas of significant grasslands within or adjacent to thesite.

    The 2001 assessment referred to Action Plan No. 10 which assessed the yellow-boxwoodland at the eastern end of the site to be of a high conservation value (Ref.5).

    This Action Plan has now been superseded by Action Plan No. 27 which identifiesthat part of the site to be an area of severely and substantially modified woodland.At the time of the 2001 ecological assessment, the site had no tree regeneration andthe understorey was dominated by phalaris with some native Stipa present. Sincethen, the condition of the site has improved considerably, largely as a result of anincreased proportion of native grasses throughout the site but also because of thepresence of young tree regeneration.

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    4. HABITAT VALUE

    The ecological features that could provide habitat for fauna species within the studysite include the remnant woodland trees, the tussock grasses, Sullivans Creek andother minor watercourses throughout the site, including the dam located in Area C.

    The trees are medium to old in age and most are in a relatively healthy condition.Some contain small hollows that could be utilised by a variety of wildlife but are mostlikely to be used predominantly by common birds.

    The trees could also provide habitat for several birds that are listed as threatenedunder the NCA Act and the EPBC Act. Threatened bird species that are known toutilise woodland habitat of suitable quality include the hooded robin ( Melanodryascucullata ), brown treecreeper ( Climateris picumnus ), white-winged triller ( Lagagesueurii ), varied sittella ( Daphoenositta chrysoptera ), painted honeyeater ( Grantiella

    picta ), regent honeyeater ( Xanthomyza phrygia ), superb parrot ( Polytelis swainsonii )and the swift parrot ( Lathamus discolor ).

    Underneath the tree canopies, dead branches lying on the ground provide habitat for ground dwelling animals such as small mammals, reptiles and various invertebratespecies.

    To the north and south of the proposed road corridor, the striped legless lizard, aspecies listed as vulnerable under the EPBC Act and the Nature Conservation Act (NC Act ) has been previously recorded. While the preferred habitat for the lizard isnatural temperate grassland, the species can also use phalaris pasture with asuitable tussock structure, and was found in such pasture in areas surrounding theroad corridor in monitoring undertaken by Environment ACT in 1994 and 1995 (Refs.6, 7). The impact on this species is further discussed in Chapter 5.2.3.

    Sullivans Creek passes through the western end of the study site and in suitableconditions, the creek and other minor watercourses throughout the site, couldprovide habitat to a variety of terrestrial and aquatic fauna species including birds,reptiles, amphibians and invertebrates. The dam, located between the equestriantrail and the Antill Street roundabout, could support similar species.

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    5. POTENTIAL IMPACTS ASSOCIATED WITH THE ROAD DEVELOPMENT

    5.1 General Ecological Impacts

    The general ecological impacts associated with this proposal relate to the removal of

    vegetation and the loss of habitat.

    The proposed development would require the removal of approximately 1.5 ha of native understorey vegetation, including some young woodland regeneration in theeastern section of the road alignment. The native groundcover vegetation consistsprimarily of spear grasses but also contains a small amount of other native grassessuch as weeping grass and wheat grass. There are several introduced speciesscattered amongst the native grasses and a very minor component of native forbspecies. The introduced vegetation in this section is dominated by phalaris andother exotic species such as Patersons curse, Juncus sp. and catsear. A smallamount of native species such as Poa sp., Carex sp. and wallaby grasses arepresent within the drainage line.

    In the long term, any loss in the native vegetation resulting from the Sandford Streetextension would be considered minimal in the context of the future development of Kenny, which would remove a much larger area of similar quality vegetation to thenorth of the site. From an ecological perspective, the loss of this native vegetationand the introduced vegetation that is found within the drainage lines would not havea significant impact. The removal of the native vegetation and the implications under the P&D Act is discussed in Chapter 7.

    Chapter 4 described the ecological characteristics that could provide habitat for fauna species within the road corridor including remnant trees, tussock grasses anddead logs. The removal of dead logs found underneath the canopies of the treeswould result in the loss of a small amount of habitat for birds, reptiles, invertebratesand ground dwelling small mammals. Dead wood is found across the entire site bothwithin the proposed road corridor and in the wider area. The loss of a small amountof this habitat for the proposed Sandford Street extension would not have asignificant impact on any of these fauna species.

    The proposed road development would require the removal of three trees. Theimpacts associated with this tree removal are discussed in Section 5.2.2 and 5.2.4.

    The importance of the tussock grasses and the implications for the striped leglesslizard is discussed in Section 5.2.3.

    5.2 Threatened Species and Endangered Ecological Communities

    A review of the existing background information has identified the threatened speciesand endangered ecological communities that are most likely to occur within the areaof the proposed road development.

    5.2.1 Natural temperate grassland

    Natural temperate grassland was originally present in the western part of the site buthas since been lost as a result of grazing and recent development. Action Plan No.1

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    (the relevant documentation at the time of the original assessment of the site in2001) identified a small 1.7 ha area of Stipa grassland within the equestrian trailwhich was assessed as having a botanical significance level 4 on a scale where 1 =highest and 5 = lowest (Ref. 3). In 2005, a review of the areas of natural temperategrassland was undertaken and outlined in Action Plan No. 28. There are no areas

    within the study area that are now considered to be part of the natural temperategrassland endangered ecological community (Ref. 4).

    5.2.2 Box gum woodland

    The proposed road corridor would require the removal of three yellow box trees thatare located on the south-western edge of the woodland community. Two of the treesappear to be in a healthy condition and all contain minor potential nesting hollows.

    There is no scope within the road design for realignment of the road to allow thetrees to be retained. Consideration has been given to realigning the route throughthe drainage line, rather the native component of the site, but this is not possible dueto road design constraints at the Antill Street roundabout.

    The removal of these trees is not expected to have a significant ecological impact onthe endangered community. While the removal of trees should be avoided wherepracticable, these trees are not of exceptional significance. In the short term, losthabitat can be provided by the other remnant woodland trees that are located closeto the proposed road corridor and are of similar age and in a similar condition tothose that would be removed. In the long term, the impact of removing these treeswould be insignificant in the context of future development of the proposed suburb of Kenny which is to be located adjacent to the road corridor to the north. Thedevelopment of this suburb is likely to result in the removal of many remnantwoodland trees and most of the native understorey vegetation, although ecologicallysignificant trees are likely to be retained where practicable.

    In the wider context, the loss of the small amount of vegetation on the edge of thewoodland community is not considered to be significant in the short or long term.Mulligans Flat Nature Park, Goorooyarroo Nature Reserve and the Majura Valley arelocated to the north and east of the site and form part of a major woodland corridor that extends from Hall through to the Jerrabomberra Valley. These areas providesuperior quality habitat to that which exists within the proposed road reserve and

    would not be affected by the development.

    5.2.3 Striped legless lizard

    The striped legless lizard is listed as vulnerable under both ACT and Commonwealthlegislation. The species is a grassland specialist and its habitat has been protectedin Gungahlin by the establishment of the Mulanggari, Gungaderra and Crace NatureReserves.

    Action Plan No. 28 identifies much of the area within the vicinity of the SandfordStreet extension to be striped legless lizard habitat (Ref. 4). To the north of the

    proposed Sandford Street extension, the species has been found to be living inintroduced pasture within the area that is proposed to be developed for the future

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    suburb of Kenny. Monitoring for the species was undertaken by Environment ACT in1994 and 1995 using a pitfall trapping technique. Ten sites were monitored and thelizard was recorded at the nine of these sites (Refs. 6, 7). While the species prefersa high component of native grasses, the tussock structure of phalaris enables thespecies to live within introduced pasture.

    A subsequent 2004 report addressing the implications for urban development withregards to the presence of the striped legless lizard in the Kenny area (whichincludes the Sandford Street extension) suggested that there was not a strong casefor foregoing urban development at this site (Ref.8). This was largely due to theestablishment of natural temperate grassland reserves within Gungahlin whichprovide higher quality habitat than the introduced pasture in the Kenny area. Thesegrassland reserves are the most effective conservation strategies in place for theprotection of the species as they contain natural temperate grassland, which is idealhabitat for the species.

    There has been no recent monitoring of the site to confirm the presence and extentof the striped legless lizard within the area. The recent construction of the BimberiYouth Justice Centre and the associated road has resulted in the removal of somephalaris pasture that was potentially used by the striped legless lizard for habitat.This has since been revegetated with a dryland grass mix that would not providesuitable habitat for the species. In the eastern end of the site, the road corridor passes through a drainage line that contains phalaris pasture which could potentiallybe used by the lizard. This vegetation is not primary habitat for the species and itsremoval would not significantly impact on the species.

    Overall, the vegetation that is present within the proposed road corridor does nothave significant value in relation to the conservation of the striped legless lizard. Thedevelopment of the Sandford Street extension therefore would not impact negativelyon this species.

    5.2.4 Woodland birds

    Remnant woodland trees could provide habitat for several woodland bird speciesthat are listed under the NC Act and/or the EPBC Act. These include the following:

    Common name Scientific name Status

    NC Act EPBC Act White-winged triller Lalaga sueurii vulnerable -Regent honeyeater Xanthomyza phrygia endangered endangeredSuperb parrot Polytelis swainsonii vulnerable vulnerableVaried sittella Daphoenositta

    chrysopteravulnerable -

    Brown treecreeper Climateris picumnus vulnerable -Hooded robin Melanodryas cucullata vulnerable -Swift parrot Lathamus discolor vulnerable endangeredPainted honeyeater Grantiella picta vulnerable -

    While the road reserve could provide habitat for these species, the relativecontribution of this habitat would be minimal in the Gungahlin context. The site is

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    located on the fringe of the urban environment where these species (excluding theRegent Honeyeater) are rarely seen and good quality habitat such as GoorooyarrooNature Reserve, Mulligans Flat Nature Reserve and Majura Valley is located to thenorth and east of the site.

    5.3 Impact on Sullivans Creek and Drainage Lines

    Sullivans Creek crosses the site at the western end of the study area and currentlypasses underneath Morisset Drive which will be redesigned and reconstructed aspart of the road upgrade. There is provision in the road design for construction of abridge at the point where Sullivans Creek crosses the proposed new road and noecological impacts are expected to result from these works.

    The drainage line that passes through the eastern end of the site (Area C) eventuallydrains into the Flemington Road ponds system via a series of farm dams. One damthat is located within the proposed road corridor near the Antill Street roundaboutwould be removed as a result of the road development (see Figure 2) but this wouldnot result in any negative ecological impacts. There are many other larger water sources within the surrounding area that could provide water and habitat for thosespecies that may be currently utilising this dam.

    From an ecological perspective, the proposed extension of Sandford Street wouldnot result in any negative impacts on the drainage throughout out the site or onSullivans Creek itself. While the creek would cross underneath the proposed newroad, the works do not require any changes to the alignment of the creek or anymajor works on the creek bed or creek banks that could have an ecological impact.The road design would address the localised issues relating to drainage at the site.

    North of the western end of the proposed extension, near Sullivans Creek, there isan extensive pedoderm which traps and temporarily stores groundwater followingheavy rain. The proposed roadworks would include a trench to intercept thisgroundwater and use it to recharge Flemington Road Pond P2. This would beexpected to reduce groundwater flow south of the road but, as there is no significantvegetation in that area, no ecological impacts would be likely.

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    IMPLICATIONS UNDER THE ENVIRONMENT PROTECTION ANDBIODIVERSITY CONSERVATION ACT

    The most likely trigger for action under the EPBC Act is the potential impact of theroad on the endangered ecological community, White Box Yellow Box Blakelys

    Red Gum woodlands and derived native grasslands. The yellow box red gumwoodland located in the eastern part of the road corridor has features which couldresult in it being considered part of this community. An assessment was thereforeundertaken to address the following questions:

    Is the woodland present within the road corridor part of the box gumcommunity as listed under the EPBC Act ?

    If so, would the impacts of extending Sandford Street be significant in terms of the EPBC Act guidelines?

    The following guidelines have been issued under the EPBC Act to identify vegetationthat forms part of the listed box gum community as it relates to the Act:

    The most common species are yellow box and/ or Blakelys red gum. A predominantly native understorey (i.e at least 50% of perennial

    groundcover vegetation is native). A patch size of 0.1 ha or greater with 12 or more native understorey species

    present, excluding grasses.

    or A patch size of 2 ha or greater with either an average of 20 or more mature

    trees per hectare or natural regeneration of the dominant overstoreyeucalypts, the regenerating trees being of at least 15cm circumference at130cm above the ground.

    With respect to the vegetation in the eastern part of the Sandford Street extension,the dominant trees are yellow box and Blakelys red gum and the groundcover vegetation is predominantly native. The native forb diversity, however, is low (wellbelow 12 native non-grass species in the most diverse 0.1 ha area) and the maturetree density is between 2 and 7 trees per hectare (below the required tree density of 20 trees per hectare). There are extensive areas of eucalypt regeneration, but this isrelatively recent. Most of the regeneration is well below 130cm in height. Of thetaller trees, to date (June 2009) only a couple have a girth of 15cm or more at thatheight. The regeneration generally does not meet the EPBC Act guideline to justifylisting as the endangered ecological community.

    It is therefore considered that the remnant woodland does not meet the EPBC Act criteria for the listed box gum community, and that an EPBC Act referral is notnecessary on these grounds. The question of whether the impacts of the proposedroad extension would have a significant impact would not arise, although, even if itdid, such impacts would not be considered significant under the EPBC Act guidelines(Ref. 10), particularly in the context of adjacent future development.

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    As discussed in Chapter 5, there is no natural temperate grassland remaining withinthe road corridor, there would be no impact on the striped legless lizard and thecontribution of woodland trees within the road reserve as habitat for the threatenedwoodland birds would be minimal in the Gungahlin context. None of these factors istherefore likely to trigger an EPBC Act referral.

    The only basis for submitting an EPBC Act referral would therefore be as aprecaution against encountering a possible delay later in the development process.

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    7. IMPLICATIONS UNDER THE PLANNING AND DEVELOPMENT ACT

    There are two potential triggers of an ecological nature under Schedule 4, Part 4.3,of the P&D Act which could require the preparation of an environmental impactstatement for the proposed road extension. These are:

    if the proposal is likely to adversely impact on the conservation status of aspecies or ecological community that is endangered; or

    if the proposal involves the clearing of more than 0.5 ha of native vegetation.

    The first trigger could possibly apply in relation to yellow box red gum grassywoodland which is listed as an endangered ecological community under the NC Act.Action Plan No. 27 (Ref. 2), prepared under that Act, describes that ecologicalcommunity as having the following characteristics:

    (a) E. melliodora (yellow box) and/ or E. blakelyi (Blakelys red gum) contribute40% or more of the crown cover;

    (b) There is a species-rich understorey of native tussock grasses, herbs andscattered shrubs. The understorey is not exotic pasture or degraded beyondrecovery.

    (c) Remnants of Yellow Box Red Gum Grassy Woodland that contain aspecies-rich native understorey of tussock grasses, herbaceous species andscattered shrubs but the trees have been removed or reduced.

    Figure 5.1a of Action Plan No. 27 identifies the remnant woodland at the eastern end

    of Sandford Street extension as Lowland woodland vegetation (inc. substantially andseverely modified) and, because of its modified state, it is not mapped as yellow box

    red gum grassy woodland. Less modified areas within the same woodland stand,however, are mapped as yellow box red gum community.

    The mapping on which the Action Plan is based is several years old and does notnecessarily represent the current condition of the woodland. While the forb diversityof the woodland is still relatively low, in all other respects it now appears to match thecharacteristics in the Action Plan as stated above. Furthermore, the overall quality of a patch of the vegetation within and immediately north of the road reserve appearssubjectively to be higher than that of some areas which are mapped as the yellowbox red gum community in the Action Plan.

    If this area is now considered to be part of the endangered ecological community,the question remains as to whether its removal would adversely impact on theconservation status of that community. In view of the isolated nature of thiswoodland stand and the extensive woodland areas that are conserved elsewhere inGungahlin and North Canberra, a commonsense assessment suggests that it wouldnot. This interpretation of this part of Schedule 4 of the P&D Act , however, isunclear.

    With respect to the second trigger, the construction of the road would involve theclearing of more than 0.5 ha of vegetation which contains remnant native trees (at alower than natural density), extensive patches of native eucalypt regeneration and a

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    predominantly native groundcover (albeit of low diversity). While it is not of exceptional quality and is limited in extent, it may be considered reasonable todescribe this area in its current situation as native vegetation. However, there is noclear definition of native vegetation under the P&D Act or under the NC Act, to whichthe P&D Act refers.

    In summary, while commonsense suggests that the ecological impacts would beminor in the context of Gungahlin development, a strict interpretation of Schedule 4of the P&D Act indicates that the proposal would trigger an EIS because of theclearing of more than 0.5 ha of native vegetation.

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    8. CONCLUSIONS

    The main ecological impact of the proposed extension of Sandford Street would bein the eastern section of the road, where it would pass through an area of regenerating yellow box red gum grassy woodland. While the removal of some

    mature trees and young regeneration is unavoidable, it is desirable to design theroad with a view to minimising such impacts as well as retaining native groundcover between the trees where practicable.

    The woodland regeneration has taken place relatively recently. Consequently, thewoodland has not yet reached the stage where it would meet the EPBC Act guidelines for the endangered box gum community. An EPBC Act referral istherefore not essential, but may be prudent to avoid possible delays at a later stagein the project.

    Because the regeneration is recent, the area has not been identified as yellow box red gum grassy woodland in Action Plan No. 27, but may now warrant assessmentas such. This consideration, plus the fact that more than 0.5 ha of what may beregarded as native vegetation would be removed for the road, suggest that an EISwould be required under Schedule 4 of the P&D Act.

    In all other respects, construction of the road would have a minor ecological impact,which could be managed through appropriate design and construction practices. Inthe longer term, the ecological impacts of the road would be insignificant comparedwith the impacts of developing the adjacent suburb of Kenny.

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    REFERENCES

    1. WP Brown and Partners Pty Ltd. Kenny Sandford Street extension.Feasibility study. Final Report. September 2001, Section 4.7 Ecological considerations (prepared by David Hogg Pty Ltd).

    2. ACT Government. Woodlands for Wildlife: ACT Lowland Woodland Conservation Strategy. Action Plan No. 27, 2004. Environment ACT,Canberra

    3. ACT Government. Natural Temperate Grassland. An endangered ecological community . Action Plan No. 1, 1998. Environment ACT, Canberra

    4. ACT Government. A vision splendid of the grassy plains extended: ACT Lowland Native Grassland Conservation Strategy. Action Plan No. 28, 2005.Arts, Heritage and Environment, Canberra.

    5. ACT Government. Yellow Box/ Red Gum Grassy Woodland. An endangered ecological community. Action Plan No.10, 1999. Environment ACT, Canberra

    6. Rauhala, M.A., Shorthouse, D.J and Ingwersen, F. The Striped LeglessLizard Delma Impar in the Gungahlin, Majura and Jerrabomberra valleys .Internal report 95/2, March 1995. ACT Parks and Conservation ServiceWildlife Research Unit.

    7. Rauhala, M.A. 1995 survey and monitoring program for the Striped LeglessLizard Delma impar. May 1996.

    8. Hogg, D.McC. The striped legless lizard ( Delma impar ) in the proposed suburb of Kenny: Implications for urban development . Prepared by DavidHogg Pty Ltd for ACT Planning and Land Authority, July 2004.

    9. Australian Government Department of the Environment and Water Resources. White Box Yellow Box Blakelys Red Gum grassy woodlandsand derived native grasslands. EPBC Act Policy Statement. Website:www.environment.gov.au/epbc/publications/box-gum/index.html

    10. Australian Government. Department of the Environment and Heritage. EPBC Act Policy Statement 1.1. Significant impact guidelines. Matters of National Environmental Significance. May 2006.