Nillumbik ESO 4 Waterways – Strategic Justification
Proposed Nillumbik ESO 4 Waterways: Strategic Justification
October 2015
Table of Contents
What is the proposal?
What is the value of riparian vegetation?
Significant Flora
Significant Fauna
Platypus
Powerful Owl
Dwarf Galaxias
Research and Reports
Use by birds of riparian vegetation in an extensively fragmented landscape, 1997
Vegetation Communities of Banyule, Cam Beardsall, 2000
Tasmanian Waterways and Wetlands Works Manual, DPIWE, 2003
Principles for riparian lands management, Land & Water Australia, 2007
A Review of the Management of Riparian Land in Victoria, The Public Land Consultancy, 2008
Management options for conserving and restoring fauna and other ecological values of urban streams in the Melbourne Water region, University of Melbourne, 2008
Wildlife Movement and Habitat Needs in Manningham, Lorimer et al. 2009
Urban Waterway Guidelines, East Gippsland Shire Council, 2013
Large Forest Owl Planning and Management Guidelines, Lake Macquarie City Council (NSW), 2014
Surf Coast Shire Biodiversity Mapping Project, 2014
Strategic Framework – State Government
Environmental Health of Streams in the Yarra River Catchment, EPA, 2000
VPP Planning Practice Note – Biodiversity, DOI, 2002
Diamond Creek Streamflow Management Plan, Melbourne Water, 2003
Plenty River Streamflow Management Plan, Melbourne Water, 2007
Better Bays and Waterways: A water quality improvement plan for Port Phillip Bay and Western Port, Melbourne Water & EPA, 2009
Securing Our Natural Future: A white paper for land and biodiversity at a time of climate change, DSE, 2009
A Cleaner Yarra River and Port Phillip Bay: A Plan of Action, DSE, 2012
Index of Stream Condition, The Third Benchmark of Victorian River Condition, DEPI, 2013
Victorian Waterway Management Strategy, DEPI, 2013
Healthy Waterways Strategy, Melbourne Water, 2013
Stormwater Strategy, Melbourne Water, 2013
Waterway corridors; Guidelines for greenfield development areas within the Port Phillip and Western Port region, Melbourne Water, 2013
Regional Catchment Strategy, 2014
Middle Yarra River Corridor Study: Draft Recommendations Report, 2014
Plan Melbourne, DTPLI, 2014
Strategic Framework – Local Government
Nillumbik Environment Strategy, 2001
Open Space Strategy, 2005
Environmental Significance Overlay (ESO1) Review, Stage 2, 2008
Green Wedge Management Plan 2010-2025
Nillumbik Biodiversity Strategy 2012
Nillumbik’s Integrated Water Management Strategy, 2012
Council Plan 2013-2017
Legislative Framework - Commonwealth
Environment Protection and Biodiversity Conservation Act 1999
Legislative Framework - State
Flora and Fauna Guarantee Act 1988
Wildlife Act 1975
Water Act 1989
State Environment Protection Policy (Waters of Victoria)
State Environment Protection Policy (Waters of Victoria) - Schedule F7 Waters of the Yarra Catchment
Planning Framework
State Planning Policy Framework
Local Planning Policy Framework
Discussion
Issues with the current Overlay
The proposed Overlay
Examples of inappropriate development
Conclusion
Appendix 1 – Proposed ESO4 Waterways Schedule
What is the proposal?
Nillumbik Shire Council is amending the Nillumbik Planning Scheme to better protect the biodiversity values of our waterways. At present only the five major waterways are covered with a 30m buffer.This amendment extends the coverage to all waterways and widens the buffer to better protect biodiversity.
The Planning Scheme Amendment seeks to combine three existing Environmental Significance Overlays (ESO); ESO2 Yarra River, ESO3 Plenty River and ESO4 Waterways into one new waterways overlay. This will provide a more streamlined planning scheme and better protect sensitive riparian environments and the threatened species they contain though a wider ESO application based on stream order as recommended by Melbourne Water and the latest research.
The new overlay is proposed to cover a prescribed distance either side of all waterways within the Shire,with the riparian buffer width varying dependant on stream order (Figure 1) in accordance with Waterway corridors; Guidelines for greenfield development areas within the Port Phillip and Western Port region, Melbourne Water, 2013. Smaller waterways in the headwaters of catchments will have smaller riparian zone widths and large waterways in the downstream area of a catchment will have wider riparian zones. This ensures that waterway corridors are at an appropriate spatial scale for the size of the waterway in any given location. The ESO is proposed to cover either side of waterways the followingdistance:
Table 1. Proposed ESO coverage for each stream order
Stream Order ESO coverage
120m
220m
330m
4+50m
Figure 1. Strahler stream order concept
Fig 2. Stream orders in Nillumbik
What is the value of riparian vegetation?
Riparian land is any land that adjoins or directly influences a body of water (Figure 3). It includes:
• the land immediately alongside small creeks and rivers, including the river bank itself
•gullies and dips which sometimes run with water
•areas surrounding lakes
•wetlands and river floodplains which interact with the river in times of flood.
Figure 3. Riparian cross section
Well-vegetated riparian land is integral to waterway health, it directly contributes to the ecological function of the waterway and provides a buffer between adjacent landuses and the waterway. Waterway corridors and associated riparian vegetation provide a range of river health functions, including:
•Provision of food and habitat for aquaticfauna.
•Provision of breeding, feeding and habitat for terrestrial fauna.
•Provision of corridors for fauna movement up and down the waterway.
•Provision of fauna refuge in developed landscapes and enhancing links between remaining habitats that would otherwise remain fragmented.
•Stabilisation of channel banks againsterosion.
•Shading and maintenance of natural temperatures within waterways.
•Reducing sediments and pollutants that reach waterways through overland flow.
•Maintenanceand improvedwater quality through filtering and nutrient cycling within the riparian zone and vegetated buffer zone.
•Allowance for inclusion of some stormwater treatment systems within vegetation buffer zones if appropriate.
•Allowspace for natural migration of the waterway channel, especially in areas with highly erosive soil types.
•Recruiting large woody debris into the stream and for riparian habitat over the long term.
Significant Flora
The waterways of Nillumbik contain many endangered, vulnerable or depleted Ecological Vegetation Classes (EVC) including:
• Creekline Herb-rich Woodland (EVC 164) – vulnerable
• Damp Forest (EVC 29)
• Escarpment Shrubland (EVC 895) – endangered
• Floodplain Riparian Woodland (EVC 56) – endangered
• Grassy Woodland (EVC 175) – depleted
• Gully Woodland (EVC 902) – vulnerable
• Riparian Scrub/Swampy Riparian Woodland Complex (EVC 17) – endangered
• Riparian Forest (EVC 18)
• Swampy Riparian Complex (EVC 126) – endangered
• Valley Grassy Forest (EVC 47) – vulnerable
• Wet Forest (EVC 30)
• Wetlands (EVC 74) – endangered
Significant Fauna
Many threatened fauna species, including many listed under the Flora and Fauna Guarantee Act 1988(FFG) utilise the riparian habitat along waterways in Nillumbik including:
• Barking Owl, FFG listed– endangered
• Powerful Owl, FFG listed– vulnerable
• Grey Goshawk, FFG listed– vulnerable
• Black Falcon –vulnerable
• Nankeen Night Heron– near threatened
• Large-footed Myotis – near threatened
• Macquarie Perch, EPBC – endangered, FFG listed – threatened
• Murray Cod,EPBC – vulnerable, FFG listed –threatened
• Dwarf Galaxias, EPBC and FFG listed – vulnerable
• Southern pygmy perch – vulnerable
•Growling Grass Frog, EPBC – vulnerable, FFG listed – endangered
• Bibrons Toadlet, FFG listed – endangered
• Southern Toadlet – vulnerable
A few of these species are discussed further below.
Platypus
Platypus are present in the lower sections of Diamond Creek, although they are not currently listed under the FFG Act, they are a key species in Melbourne Water’s Healthy Waterways Strategy 2013as an indicator of river health. Platypus conservation relies mainly on maintenance of the physical and biological integrity of waterways, and the physical integrity of stream banks that is usually linked to the stabilising effects of vegetation. Platypus may be found in a wide variety of habitats ranging from large riverine pools to fast-flowing riffles. Ideal habitat is found in shallow rivers and streams flowing over a range of substrates with relatively steep banks consolidated by the roots of native vegetation with growth overhanging the bank. The presence of overhanging vegetation is an important component for several reasons:
(i)Roots help to consolidate the banks and prevent platypus burrows from collapsing.
(ii)Overhanging vegetation provides cover from predators when animals move in and out of their burrows and while they move and forage in shallow riffle areas.
(iii)Overhanging vegetation regulates the thermal and light environment of forested streams, provides energy to stream food webs and contributes to habitat diversity.
Platypus may forage over extensive distances to gather their daily food requirements. Platypus are generally restricted to dives of approximately two minutes duration with most dives lasting 60-90 seconds and animals do not regularly forage in water more than five feet deep.The area of river habitat available to individuals for feeding determines its carrying capacity and any reduction in invertebrate biomass in streams and rivers is of concern for population maintenance. Factors reducing invertebrate productivity may include loss of riparian vegetation and hence the allochthonous (terrestrial) energy base of aquatic food chains, water pollution, high silt loads and sedimentation of invertebrate habitat, excessive benthic algal biomass, release of cold water from impoundments, and changes in discharge and velocity which reduce the extent and/or productivity of riffle habitat.
Powerful Owl
Powerful Owls are present in scattered locations across Nillumbik and are listed as threatened under the FFG Act. Powerful Owls nest inside a large hollow within old trees with diameters at breast height above 70cm. It is estimated that hollows suitable for these large owls do not form, even in the fastest-growing eucalypts, until they are at least 150-200 years of age. Nest trees are most often situated near waterways (stream order 1 and above) with roost trees rarely 50m from the nest tree during breeding season(The Powerful Owl Project, Conserving owls in Sydney’s urban landscape, BirdLife Australia, 2014). Powerful Owls prefer more densely canopied riparian vegetation for roosting, which is also core habitat for their prey species with Ringtail Possumstheir main food source. Territory size for the Powerful Owls is estimated to be around 1200ha using a 2 kmradius circle centred on the nesting site.
Over much of its range, the lack of suitablylarge hollows is considered to be a limiting factor to successful breeding and population recruitment.The Powerful Owl is, therefore, vulnerable to landmanagement practices that reduce the availabilityof these tree hollows now or in the future.
The Powerful Owl Action Statement (No 92) DSE, 2004 recommends the following actions to protect the species on private property; encourage and assist Municipal Councils todevelop conservation mapping and GIS overlaysystems within planning schemes to improveinformation on owl habitat and breeding sitesacross private land.Using provisions of local planning schemes, theFlora and Fauna Guarantee Act 1988 and thePlanning and Environment Act 1987, seek toensure that Municipal Councils meet objectivesand obligations to protect owl habitat on privateland when considering land-use change.
The Large Forest Owl Planning and Management Guidelines 2014, Lake Macquarie City Council recommends minimum 25m, 50m, 75m, 100m, 150m and 200m vegetation buffers on both sides of all 1st, 2nd, 3rd, 4th, 5th and 6th order streams. The report also recommends the following habitat features be prohibited from clearingas they cannot be offset:
• Confirmed nest trees and breeding roost trees and their respective 100 and 50m vegetation buffers.
• Potential habitat within 2km of a confirmed nest trees (i.e. that is below the minimum 500ha habitatretention threshold and/or identified as a riparian habitat).
• Connectivity corridors.
Dwarf Galaxias
Dwarf Galaxias are present in the Diamond Creek catchment and are listed as vulnerable under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and threatened under the FFG Act. The National Recovery Plan for Dwarf Galaxias (2010) recommends the following management practices that should be adhered to by land and water managers in order to avoid threatening processes believed to be responsible for the decline in the Dwarf Galaxias:
• No direct loss of habitat through wetland drainage on either public or private land.
• No physical alteration to Dwarf Galaxias habitat as a consequence of incidental works on land adjoining Dwarf Galaxias habitat.
• Applications for water abstraction or dam construction do not compromise flow regimes for Dwarf Galaxias.
• Habitat and adjoining riparian habitat are fenced off to stock access.
• Off-stream watering points are provided for stock.
• No further damage to riparian vegetation.
• Damaged or depleted riparian vegetation is protected and (if necessary) supplemented by active revegetation works.
The Dwarf Galaxias Action Statement (No 258) DELWP, 2015 identifies that habitat loss is a major threat to their survival and therefore one of the main objectives of the action statement is to maintain or increase the extent of habitat. It recommends that waterways containing Dwarf Galaxias are fenced to either allow for natural regeneration or restoration. The action statement outlines the following threats to Dwarf Galaxias:
• Considerable areas of freshwater wetlands have beenlost to agriculture, urban and industrial development throughdrainage and infilling.
• Damage from unrestricted stock access has a major impact onshallow wetlands through disturbance, infilling and siltation,increased turbidity, and removal and destruction of instreamand riparian habitat.
• Destruction of instream vegetation reduces bed and bankstability and decreases shading, resulting in poor waterquality such as increased nutrient run-off, sedimentation,summer water temperatures.
• Wetland connectivity to more permanentwaterbodies (such as rivers or creeks) is vital duringextended drought when such habitat may be used forrefuge. Connectivity may be compromised through clearing,establishing extensive tree plantations, water abstraction, andconstruction of dams, levees, channels and pipes.
• Agricultural run-off can directly affect water quality viaincreased input of sediment and contaminants such aspesticides and herbicides. It may also increase the risk ofalgal blooms through increased water nutrient levels andsedimentation.
Research and Reports
Use by birds of riparian vegetation in an extensively fragmented landscape, 1997
Andrew M. Fisher and David C. Goldney, Pacific Conservation Biology 3(3) 275 – 288
While native riparian woodlands are generally degraded, their connectivity and stabilizing function (actual or potential) identifies them as a critical landscape component in maintenance or restoration programmes. Hence it is suggested that riparian strips could form the basis for rehabilitation initiatives within this landscape. Fenced plantings of endemic tree species supplemented by native understorey species could be linked with existing vegetation to enhance landscape connectivity. It is crucial that landholders become aware of the importance of riparian vegetation for nature conservation and stream stabilization. Incentives should be provided to landholders to encourage these areas to be fenced from stock in order to protect them from further degradation in a significantly disturbed ecosystem.
Vegetation Communities of Banyule, Cam Beardsall, 2000
Floodplain Riparian Woodland
Sub-community: FRWrm Manna Gum (riverbank)
Conservation status in Greater Melbourne: Regionally Threatened
Distribution: Plenty River excluding the lower reaches and a small section of the Yarra for about 500 m downstream from Fitzsimons Lane.
Floodplain Riparian Woodland
Sub-community: FRWtm Manna Gum (terrace)
Conservation status in Greater Melbourne: Regionally Threatened
Distribution: Plenty River upstream from Banyule Road, Montpelier Billabong and a small section of the Yarra for about 500 m downstream from Fitzsimons Lane
Landform: riverine; low terrace including minor drainage lines and swales of river floodplains
Tasmanian Waterways and Wetlands Works Manual, DPIWE, 2003
Ideally, a riparian zone should be as large as possible. This will maximise the benefits of the riparian vegetation and minimise the effects of the adjacent land use on the waterway. Riparian vegetation is critical for maintaining healthy ecosystems in small waterways and the upperreaches of large waterways. Leafy and woody debris from the riparian vegetation of smallwaterways is essential for local aquatic ecosystems. It is also an important source of carbon andnutrients for ecosystems downstream, where there is less shading and less leafy and woody debrisentering the waterway.If resources are scarce and the objective of management is protecting the riverine environment,preserving the riparian vegetation along small waterways should be given the same or greaterpriority as preserving the riparian vegetation along large waterways.
Principles for riparian lands management, Land & Water Australia, 2007
This report notes the following on riparian areas and wildlife:
• Riparian lands are among the most productive ecosystems on earth. They occupyonly a small proportion of the landscape but frequently support a greater variety andabundance of animal life than adjacent habitats.
• Important habitat components include vegetation (often taller, denser, more diverse,and more complex in riparian lands), food, standing water, shelter from predators, sitesfor nesting and roosting, and a local microclimate with less extreme temperatures andmore humid conditions than adjacent areas.
• Wildlife species differ in their dependence on the riparian zone: some are confined toit throughout their lives; others may use it only occasionally, although their long-termpersistence depends on access to intact riparian habitats.
• Riparian areas are often corridors for wildlife movement. This occurs naturally in dryregions, where stream-side vegetation forms distinctive networks across the landscape.In regions where most native vegetation has been cleared for human use, vegetatedriparian zones also provide habitat for many species.
• Degradation of riparian lands by clearing and grazing has negative impacts on a rangeof wildlife species which depend on these riparian areas.
• Restoration of riparian lands, including fencing to exclude livestock and re-instatementof native vegetation, can lead to improved riparian habitat for a variety of wildlifespecies. There may also be benefits to other aspects of farm productivity, such asreduced impacts of pest species.