Preliminary Ecological and Cultural Heritage Assessments

Transcription

1 For proposed development sites in Dandenong, Epping, Oakleigh South, Chirnside Park, Coolaroo and Mornington, Victoria Prepared for Kaufland Australia Pty Ltd 15 June 2018

2 Document Tracking Item Project Name Project Number Project Manager Detail Preliminary ecological and cultural heritage assessments for proposed development sites in Dandenong, Epping, Oakleigh South, Chirnside Park, Coolaroo and Mornington, Victoria 18MEL-9970 Michael Green Phone Office address Level 1, 436 Johnston St, Abbotsford, VIC 3076 Prepared by Reviewed by Approved by Status James Garden, Danielle Woodhams, Michael Green and Austin O Malley Austin O Malley Austin O Malley FINAL Version Number Revision 1 Last saved on 15 June 2018 Cover photo Kaufland store front This report should be cited as Eco Logical Australia Preliminary ecological and cultural heritage assessments for proposed development sites in Dandenong, Epping, Oakleigh South, Chirnside Park, Coolaroo and Mornington, Victoria. Prepared for Kaufland Australia Pty Ltd. Acknowledgements This document has been prepared by Eco Logical Australia Pty Ltd with support from Sam Russell- McLeod (Kaufland Australia Pty Ltd). Disclaimer This document may only be used for the purpose for which it was commissioned and in accordance with the contract between Eco Logical Australia Pty Ltd and Kaufland Australia Pty Ltd. The scope of services was defined in consultation with Kaufland Australia Pty Ltd, by time and budgetary constraints imposed by the client, and the availability of reports and other data on the subject area. Changes to available information, legislation and schedules are made on an ongoing basis and readers should obtain up to date information. Eco Logical Australia Pty Ltd accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon this report and its supporting material by any third party. Information provided is not intended to be a substitute for site specific assessment or legal advice in relation to any matter. Unauthorised use of this report in any form is prohibited. ECO LOGICAL AUSTRALIA PTY LTD ii

3 Table of Contents 1 Introduction Project Background Scope of works Study sites Method Ecological Cultural heritage Findings Gladstone Road, Dandenong High Street, Epping Centre Road, Oakleigh South Maroondah Highway, Chirnside Park Pascoe Vale Road, Coolaroo Nepean Highway, Mornington Implications of legislation Aboriginal Heritage Act 2006 (Vic) and Aboriginal Heritage Regulations 2018 (Vic) Heritage Act Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) Planning and Environment Act 1987 (Victoria) Flora and Fauna Guarantee Act 1988 (FFG Act) (Victoria) Wildlife Act 1975 (Victoria) Catchment and Land Protection Act 1994 (Victoria) Victorian Tree Controls Conclusion References Appendix Desktop Assessment Data List of tables Table 1: Summary of ecological and cultural heritage site constraints... v Table 2: Gladstone Road, Dandenong assessment summary... 4 Table 3: High Street, Epping assessment summary... 6 Table 4: Centre Road, Oakleigh South assessment summary... 8 Table 5: Maroondah Highway, Chirnside Park assessment summary ECO LOGICAL AUSTRALIA PTY LTD iii

4 Table 6: Pascoe Vale Road, Coolaroo assessment summary Table 7: Nepean Highway, Mornington assessment summary Abbreviations Abbreviation ACHRIS AV CHMP HV RAP Description Aboriginal Cultural Heritage Research and Information System Aboriginal Victoria Cultural Heritage Management Plan Heritage Victoria Registered Aboriginal Party Key terms Term Locality Study area Study site Description An area within a 5 km radius of the study area The area surveyed for the proposed works The area of direct impact associated with the proposed developments ECO LOGICAL AUSTRALIA PTY LTD iv

5 Executive Summary Kaufland Australia Pty Ltd (Kaufland) is currently investigating the purchase of six sites across Melbourne for the development of retail premises and a distribution centre. Eco Logical Australia (ELA) has been commissioned to undertake preliminary assessments for these sites to determine the nature and extent of ecological and cultural heritage values, and identify the associated regulatory implications. This includes identifying any red-flag planning issues related to ecological, arboricultural, and cultural heritage values. Assessments involved a desktop review of all available information, complimented with field assessments at three high-risk sites. Based on this assessment, and depending on the nature and extent of works proposed for each site, the following implications may apply (Table 1). Table 1: Summar y of ecological and cultural heritage site constraints Study Site Ecology Historical Cultural Heritage Aboriginal Gladstone Road, Dandenong High Street, Epping Nil Nil Nil Nil Nil Nil Centre Road, Oakleigh South Permit to remove native vegetation. Nil Nil Remnant vegetation may require consideration of native vegetation regulations. Maroondah Highway, Chirnside Park Pascoe Vale Road, Coolaroo Nil Nil Nil Nil Nil Nil Nepean Highway, Mornington Permit to remove native vegetation Nil Nil Remnant vegetation may require consideration of native vegetation regulations. ECO LOGICAL AUSTRALIA PTY LTD v

6 1 Introduction 1.1 Project Background Eco Logical Australia (ELA) was engaged by Kaufland Australia Pty Ltd to provide specialist ecological and cultural heritage advice to support the preparation of an Incorporated Planning Document for six proposed retail sites across Melbourne. High-level preliminary assessments were requested for each site that determines the nature and extent of impacts to native vegetation, ecological and heritage values, and identifies the associated regulatory implications and appropriate response. This includes identifying any red-flag planning issues related to ecological, arboricultural, and cultural heritage values. 1.2 Scope of works The following tasks formed the basis of the scope of works: Cultural heritage: Desktop assessments: o o o inspection of key statutory online databases; inspection of publicly available aerial and site imagery; a review of the requirements of the Heritage Act 2017 (Vic) and the Aboriginal Heritage Act 2006 (Vic) and associated regulations to determine whether there are any implications for the proposed development at each site. Site inspections (if required). Ecology: Desktop assessments (high level): o o visual inspection of aerial photography; review relevant environmental legislation and planning permit requirements including government online mapping resources and planning schemes. Desktop assessments (detailed): o o o o Site Inspections: o o o searches of relevant Commonwealth and state biological databases; identification of any mapped occurrence of Ecological Vegetation Classes; confirm site Location Risk and modelled strategic biodiversity score under Victoria s Permitted Clearing regulations; identify environmental regulatory approval pathways and requirements. detect the presence of native vegetation; likelihood assessment for rare or threatened species and ecological communities; identify trees of significant arboriculture or ecological value. ECO LOGICAL AUSTRALIA PTY LTD 1

7 1.3 Study sites Preliminary assessments have been undertaken for the following six study sites: 1 Gladstone Road, Dandenong High Street, Epping Centre Road, Oakleigh South Maroondah Highway, Chirnside Park 1550 Pascoe Vale Road, Coolaroo 1158 Nepean Highway, Mornington 2 Method 2.1 Ecological Literature review Desktop assessments of ecological and arboricultural constraints was undertaken for each of the six sites. This included: Inspection of publicly available aerial imagery (Google Earth) to assess the likely nature of ecological and arboricultural values on-site. Review relevant environmental legislation and planning permit requirements including government online mapping resources and planning schemes. This included zoning and relevant environmental planning overlays. Inspection of key statutory Commonwealth, State and Local Government databases relating to ecological, arboricultural, and environmental planning matters was undertaken for each site including: o Victorian Biodiversity Atlas (DELWP) 1 o Protected Matters Search Tool (Department of the Environment and Energy) 2 o Nature Kit (DELWP) 3 o Visualising Victoria s Biodiversity (CeRDI and SWIFT) 4 o Native Vegetation Information Management (NVIM) system (DELWP) 5 o Planning Schemes Online (DELWP) 6 o Planning Maps Online (DELWP) 7 o Aerial photography April April April April April April April 2018 ECO LOGICAL AUSTRALIA PTY LTD 2

8 The Victorian Biodiversity Atlas (DELWP) and Protected Matters Search Tool (Department of the Environment and Energy) databases were searched for records of threatened flora and fauna species within a 5 kilometre and 10 kilometre radius of each site for metropolitan Melbourne and regional (e.g. Ballarat) respectively. Nature Kit, NVIM, and Visualising Victoria s Biodiversity directories were used to determine: Ecological Vegetation Communities (EVCs) potential occurring on-site including threatened EVCs. Modelled native vegetation condition. Significant biodiversity values within or near each site. Likely obligations under Victoria s Permitted Clearing Regulations including environmental regulatory approval pathways and requirements as indicated by Strategic Biodiversity Score (SBS) and Location Risk mapping. Field survey A field survey of three sites (Mornington, Chirnside Park and Coolaroo) was conducted by ELA Senior Botanist James Garden on 5 April Features of ecological significance that were recorded include remnant and introduced vegetation, fauna habitat and any sightings or evidence of significant species. The location and nature of features were documented and a photo taken. 2.2 Cultural heritage Literature review The cultural heritage desktop assessments completed for each of the six study sites included the following components: Inspection of key statutory Commonwealth, State and Local Government cultural heritage databases relating to historical and Aboriginal heritage, including: Victorian Aboriginal Heritage Register (via ACHRIS 8 ) Victorian Aboriginal Places Register (via ACHRIS) Victorian Heritage Register (via HERMES 9 ) Victorian Heritage Inventory (via HERMES) Commonwealth Heritage List (via the Australian Heritage Database 10 ) National Heritage List (via the Australian Heritage Database) Register of the National Estate (non-statutory; via the Australian Heritage Database) Australian Heritage Places Inventory 11 LGA Planning Schemes Heritage Overlays accessed 9 April accessed 9 April accessed 9 April accessed 9 April accessed 9 April 2018 ECO LOGICAL AUSTRALIA PTY LTD 3

9 The Victorian Aboriginal Heritage Register and Victorian Aboriginal Places Register were accessed using the Aboriginal Cultural Heritage Research and Information System (ACHRIS) online tool managed by Aboriginal Victoria. The Victorian Heritage Register and Victorian Heritage Inventory were accessed using the HERMES online tool managed by Heritage Victoria. Identification of local landforms within each proposed development site using online tools, and a characterisation of each site s potential to be sensitive for Aboriginal cultural heritage. Inspection of publicly available aerial imagery (Google Earth) to determine the likely nature and extent of prior disturbance, and the potential for historical heritage to be present. Identification of relevant Aboriginal community stakeholder interests, including: o o o Registered Aboriginal Parties (RAPs) RAP applicants Traditional Owner Groups A review of the requirements of the Heritage Act 2017 (Vic) and the Aboriginal Heritage Act 2006 (Vic) and associated regulations to determine whether there are any implications for the proposed development at each site. 3 Findings 3.1 Gladstone Road, Dandenong The 2.5 hectare study site is located in an urban area on the corner or Gladstone Road and Princes Highway within the City of Greater Dandenong municipality and Gippsland Plain Bioregion. Currently the site of a Bunnings store, the land is situated within a matrix of commercial and residential properties in a Commercial 2 Zone (C2Z) under the City of Greater Dandenong Planning Scheme. Vegetation onsite is limited to scattered exotic trees through the carpark and small, planted eucalyptus and shrubs along the boundary adjacent to the footpath. Ground surfaces within the study site include: landscaped frontage along Gladstone Road and Princes Highway; buildings constructed from colour bond steel; asphalted and concreted surfaces across the remainder of the site. All ground surfaces within the study site are therefore likely to have experienced some degree of prior ground disturbance by machinery during construction of the current premises. Table 2 provides a summary of the desktop and field assessment findings, and associated implications. Further detail is contained in Appendix 1. Table 2: Gladstone Road, Dandenong assessment summar y Feature Assessment results Implications Native vegetation Having likely supported Plains Grassy Woodlands prior to European settlement, DELWP s modelled dataset does not show any native vegetation currently within the site s boundary. This finding is supported by the analysis of aerial and site imagery, which did not identify any remnant indigenous vegetation onsite. ECO LOGICAL AUSTRALIA PTY LTD 4

10 Feature Assessment results Implications Habitat for fauna Significant species and communities Ecologically sensitive areas Aboricultural values Aboriginal cultural heritage Historical heritage Aboriginal community stakeholders Habitat onsite is restricted to the small trees and shrubs planted through the carpark and along the carpark. These trees are situated in a heavily urbanised environment and provide negligible habitat for fauna species. The desktop review identified a total of 43 significant fauna species and 18 significant flora species within 5km of the study site. Of the 61 species identified, 60 are found on the Victorian Advisory List, 29 are listed on the FFG Act 1988 and 17 are listed on the EPBC Act Based on the extent and nature of vegetation onsite, and the associated habitat value, there is a low likelihood of any significant species occurring onsite. The site does not support remnant vegetation and therefore no significant communities are present. The site is not located within or near any ecologically sensitive areas such as wetlands, reserves or coastal areas. Scattered, immature exotic and native trees planted throughout the carpark. The site has not previously been the subject of an Aboriginal cultural heritage place survey. The site does not intersect with any defined areas of Aboriginal cultural heritage sensitivity, nor does it contain any registered Aboriginal cultural heritage places or Aboriginal historical places. The desktop review identified 85 registered Aboriginal cultural places within 5km of the site; of these, 59 are artefact scatters, 11 are low density artefact distributions, 11 are scarred trees, one is an earth feature, one is a quarry and one is a stone feature. The site does not intersect with any places included on the Victorian Heritage Register, the Victorian Heritage Inventory or the Greater Dandenong LGA Heritage Overlay. The site does not appear in any national heritage registers. RAP Applicants Bunurong Land Council Aboriginal Corporation; Yaluk-Ut Weelam Elders Council Aboriginal Corporation. Aboricultural advice may be required Not applicable Next steps Based on the assessments undertaken, the site is of negligible ecological, arboricultural, and cultural heritage value. As a result, there are no major impediments to the project from an ecological, arboricultural or cultural heritage perspective. ECO LOGICAL AUSTRALIA PTY LTD 5

11 3.2 High Street, Epping The 5.6 hectare study site is located in an urban area within the City of Whittlesea municipality and the Victorian Volcanic Plain Bioregion. The site is situated adjacent to Epping Plaza in a small retail park, with railway tracks situated to the rear of the property. Currently the site of a Bunnings store, the land is situated within a matrix of commercial and residential properties with the following zones and overlays applicable to the site: Activity Centre Zone - Schedule 1 (ACZ1); Development Contributions Plan - Schedules 3 and 14 (DCPO3, DCPO14); Environmental Audit Overlay (EAO); Parking Overlay - Precinct Schedule 1 (PO1). Vegetation onsite is limited to scattered, immature exotic and native trees planted throughout the carpark. Ground surfaces within the study site include: landscaped frontage along High Street and the car park entry on Cooper Street; buildings constructed from colour bond steel; asphalted and concreted surfaces across the remainder of the site. All ground surfaces within the study site are therefore likely to have experienced some degree of prior ground disturbance by machinery during construction of the current premises. Table provides a summary of the desktop and field assessment findings, and associated implications. Further detail is contained in Appendix 1. Table 3: High Street, Epping assessment summar y Feature Assessment results Implications Native vegetation Habitat for fauna Significant species and communities Ecologically sensitive areas Aboricultural values Aboriginal cultural heritage Having supported Plains Grassy Woodlands prior to European settlement, DELWP s modelled dataset does not show any native vegetation currently within the site s boundary. This finding is supported by the analysis of aerial and site imagery, which did not identify any remnant indigenous vegetation onsite. Habitat onsite is restricted to the small trees planted through the carpark. These trees are situated in a heavily urbanised environment and provide negligible habitat for fauna species. The desktop review identified total of 39 significant fauna species and 27 significant flora species within 5km of the study area. Of the 66 species identified, 64 are found on the Victorian Advisory List, 21 are listed on the FFG Act 1988 and 11 are listed on the EPBC Act Based on the extent and nature of vegetation onsite, and the associated habitat value, there is a low likelihood of any significant species occurring onsite. The site does not support remnant vegetation and therefore no significant communities are present. The site is not located within or near any ecologically sensitive areas such as wetlands, reserves or coastal areas. Scattered, immature exotic and native trees planted throughout the carpark. The site has not previously been the subject of an Aboriginal cultural heritage place survey. The site does not intersect with any defined areas of Aboriginal cultural heritage sensitivity, nor does it contain any registered Aboriginal cultural heritage places or Aboriginal Aboricultural advice may be required ECO LOGICAL AUSTRALIA PTY LTD 6

12 Feature Assessment results Implications historical places. The desktop review identified 237 registered Aboriginal cultural places within 5km of the site; of these, 187 are artefact scatters, 25 are low density artefact distributions, 17 are scarred trees, four are earth features, three are stone features and one is a shell midden. Historical heritage Aboriginal community stakeholders The site does not intersect with any places included on the Victorian Heritage Register, the Victorian Heritage Inventory or the Whittlesea LGA Heritage Overlay. The site does not appear in any national heritage registers. RAP Wurundjeri Land and Compensation Cultural Heritage Council Aboriginal Corporation Next steps Based on the assessments undertaken, the site is of negligible ecological, arboricultural, and cultural heritage value. As a result, there are no major impediments to the project from an ecological, arboricultural or cultural heritage perspective. ECO LOGICAL AUSTRALIA PTY LTD 7

13 3.3 Centre Road, Oakleigh South The 4.55 hectare study site is located in an urban area near the corner of Centre Road and Clarinda Road in the City of Kingston municipality and the Gippsland Plain Bioregion. Currently the site of a Bunnings store, the land is situated in an urban area within a matrix of commercial and residential properties in an Industrial 1 Zone (IN1Z). Vegetation onsite is limited to scattered, planted trees (Eucalyptus spp. and Allocasuarina spp.) through the carpark and along the boundary adjacent to the footpath. Ground surfaces within the study site include: landscaped frontage along Centre Road and Clarinda Road; buildings constructed from colour bond steel; and asphalted and concreted surfaces across the remainder of the site. All ground surfaces within the study site are therefore likely to have experienced some degree of prior ground disturbance by machinery during construction of the current premises. Table 3 provides a summary of the desktop and field assessment findings, and associated implications. Further detail is contained in Appendix 1. Table 3: Centre Road, Oakleigh South assessment summar y Feature Assessment results Implications Native vegetation Habitat for fauna Significant species and communities Ecologically sensitive areas Aboricultural values Having supported Grassy or Heathy Woodlands prior to European settlement, DELWP s modelled dataset does not show any native vegetation currently within the site s boundary. This finding is supported by the analysis of aerial and site imagery, which did not identify any patches of remnant indigenous vegetation onsite. Two large trees that may qualify as remnant were identified in the southern half of the carpark from publicly available site imagery. Habitat onsite is restricted to the small trees and shrubs planted through the carpark and along the boundary. These trees are situated in a heavily urbanised environment and provide negligible habitat for fauna species. However, Huntingdale Golf Club which sits directly adjacent to the site has the potential to support a range of native species. The desktop review identified total of 43 significant fauna species and 24 significant flora species within 5km of the study area. Of the 67 species identified, 66 are found on the Victorian Advisory List, 28 are listed and 1 nominated on the FFG Act 1988; 13 are listed on the EPBC Act Based on the extent and nature of vegetation onsite, and the associated habitat value, there is a low likelihood of any significant species occurring onsite. The site does not support patches of remnant vegetation and therefore no significant communities are present. The site is located 263 south-west of a small wetland (No ). Scattered native trees planted throughout the carpark. A planning permit will be required for the removal of any native trees, including 1-2 remnant scattered trees. works are unlikely to impact the wetland. Aboricultural advice may be required ECO LOGICAL AUSTRALIA PTY LTD 8

14 Feature Assessment results Implications Aboriginal cultural heritage Historical heritage Aboriginal community stakeholders The site has not previously been the subject of an Aboriginal cultural heritage place survey. The site does not intersect with any defined areas of Aboriginal cultural heritage sensitivity, nor does it contain any registered Aboriginal cultural heritage places or Aboriginal historical places. The desktop review identified 38 registered Aboriginal cultural places within 5km of the site; of these, 25 are artefact scatters, eight are low density artefact distributions, two are scarred trees, one is an earth feature, one is a quarry and one is stone feature. The site does not intersect with any places included on the Victorian Heritage Register, the Victorian Heritage Inventory or the Kingston LGA Heritage Overlay. The site does not appear in any national heritage registers. RAP Applicants Bunurong Land Council Aboriginal Corporation; Yaluk-Ut Weelam Elders Council Aboriginal Corporation. Next steps Based on the assessments undertaken, the site is of negligible ecological, arboricultural, and cultural heritage value. As a result, there are no major impediments to the project from an ecological, arboricultural or cultural heritage perspective. A planning permit from the local government is required to remove native trees. Arboricultural advice is recommended to identify trees that will be impacted and require approval to remove. The removal of scattered remnant trees, of which there are potentially two, may require further consideration under the Basic or Intermediate assessment pathway of the Native Vegetation Removal Regulations. An ecological assessment is recommended to assess the species and size of these trees. ECO LOGICAL AUSTRALIA PTY LTD 9

15 3.4 Maroondah Highway, Chirnside Park The 3.95 hectare study site is located in an urban area surrounded by commercial and residential properties within the Yarra Ranges Shire municipality and the Highlands Southern Fall Bioregion. Located near the corner of Fletcher Road and Maroondah Highway, the site is within a newly developed retail area in the southern part of the complex. The following zones and overlays are applicable to the site: Commercial 1 Zone (C1Z); Residential Growth Zone Schedule 3 (RGZ3); Development Contributions Plan Overlay Schedule 1 (DCPO1). Vegetation consists of native shrubs and exotic grasses which have colonised the site in the last 10 years after significant disturbance between 2006 and 2009 (earthworks associated with adjoin developments, demolition of existing buildings and construction of a Dan Murphy s). Ground surfaces within the study site include: grass-covered levelled site previously occupied by a large building; grass and shrub-covered mounded soil stockpiles in the southern half of the site; grass-covered levelled frontage along Maroondah Highway; asphalted and concreted surfaces surrounding the Dan Murphy s building. Some ground surfaces within the study site are therefore likely to have experienced some degree of prior ground disturbance by machinery during past earth works and construction/demolition of previous site buildings. Table 4 provides a summary of the desktop and field assessment findings, and associated implications. Further detail is contained in Appendix 1. Table 4: Maroondah Highw ay, Chirnside Park assessment summary Feature Assessment results Implications Native vegetation Habitat for fauna Significant species and communities Ecologically sensitive areas Having supported Herb-rich Woodlands and Valley Grassy Forest prior to European settlement, DELWP s modelled dataset indicate small remnants remain. The site assessment identified numerous small patches of young native shrubs, including Black Wattle (Acacia mearnsii) and Blackwood (Acacia melanoxylon). Based on review of historical imagery, these plants are all younger than 10 years, and therefore do not qualify as remnant vegetation. Habitat onsite is limited to the patches of large shrubs (Acacia sp.), dense exotic grasslands and thickets of introduced blackberry. The site is bordered by and open paddock in a rapidly urbanising area. It therefore provides limited habitat for common fauna species. The desktop review identified total of 41 significant fauna species and 22 significant flora species within 5km of the study area. Of the 63 species identified, 60 are found on the Victorian Advisory List, 25 are listed on the FFG Act 1988 and 10 are listed on the EPBC Act Based on the extent and nature of vegetation onsite, and the associated habitat value, there is a low likelihood of any significant species occurring onsite. The site does not support patches of remnant vegetation and therefore no significant communities are present. The site is not located within or near any ecologically sensitive areas such as wetlands, reserves or coastal areas. ECO LOGICAL AUSTRALIA PTY LTD 10

16 Feature Assessment results Implications Aboricultural values Aboriginal cultural heritage Historical heritage Aboriginal community stakeholders The site does not support mature, established trees of amenity value. The site has previously been the subject of one Aboriginal archaeological investigation (Environmental Resources Management (ERM) 2007). The southern boundary of the site intersects with an area of Aboriginal cultural heritage sensitivity defined on the basis of proximity to a registered Aboriginal cultural heritage place (an artefact scatter VAHR ). However, the intersecting area of sensitivity is highly likely to have been significantly disturbed during construction of the East Ridge Business Park, and on this basis would no longer be an area of cultural heritage sensitivity. The desktop review identified 38 registered Aboriginal cultural places within 5km of the site; of these, 23 are artefact scatters, 10 are low density artefact distributions, two area scarred trees, one is an earth feature, one is a quarry and one is a stone feature. The site does not intersect with any places included on the Victorian Heritage Register, the Victorian Heritage Inventory or the Yarra Ranges LGA Heritage Overlay. The site does not appear in any national heritage registers. RAP Applicants Bunurong Land Council Aboriginal Corporation; Yaluk-Ut Weelam Elders Council Aboriginal Corporation. Aboricultural advice may be required Next steps Based on the assessments undertaken, the site is of negligible ecological, arboricultural, and cultural heritage value. As a result, there are no major impediments to the project from an ecological, arboricultural or cultural heritage perspective. ECO LOGICAL AUSTRALIA PTY LTD 11

17 3.5 Pascoe Vale Road, Coolaroo The 5.4 hectare study site is located in an urban area surrounded by commercial and residential properties within the City of Hume municipality and the Victorian Volcanic Plain Bioregion. Located between Pascoe Vale Road and the Craigieburn rail line, the site is within a newly developed mixed retail and industrial area. The following zones and overlays are applicable to the site: Commercial 2 Zone (C2Z); and Special Building Overlay (SBO). Vegetation onsite is restricted to scattered exotic trees through the carpark and exotic grasslands between the carpark and rail line. Ground surfaces within the study site include: asphalted and concreted surfaces throughout the existing car park and service roads; grass-covered levelled frontage between the carpark and rail line; Some ground surfaces within the study site are therefore likely to have experienced some degree of prior ground disturbance by machinery during construction of the current premises. Table 5 provides a summary of the desktop and field assessment findings, and associated implications. Further detail is contained in Appendix 1. Table 5: Pascoe Vale Road, Coolaroo assessment summar y Feature Assessment results Implications Native vegetation Habitat for fauna Significant species and communities Ecologically sensitive areas Aboricultural values Having supported Plains Grassy Woodland prior to European settlement, DELWP s modelled dataset does not show any native vegetation currently within the site s boundary. This finding is supported by the site assessment, which did not identify any remnant indigenous vegetation onsite. Habitat onsite is restricted to the small trees (Melia azedarach) planted through the carpark and the dense exotic grasslands. This vegetation is situated in a heavily urbanised environment and provide negligible habitat for fauna species. The desktop review identified total of 39 significant fauna species and 32 significant flora species within 5 km of the study area. Of the 71 species identified, 69 are found on the Victorian Advisory List, 29 are listed and 1 nominated on the FFG Act 1988; 13 are listed on the EPBC Act Numerous records of the nationally threatened Golden Sun Moth Synemon plana have been made onsite in recent years (2009). Since these observations were made, historical aerial photography and current site conditions suggest all habitat has been removed and significant soil and vegetation disturbance has occurred associated with the construction of the current building structures and amenities onsite. Based on the extent and nature of vegetation onsite, and the associated habitat value, there is a low likelihood of any significant species occurring onsite. The site does not support remnant vegetation and therefore no significant communities are present. The site is not located within or near any ecologically sensitive areas such as wetlands, reserves or coastal areas. Young exotic trees planted throughout the carpark. Aboricultural advice may be required ECO LOGICAL AUSTRALIA PTY LTD 12

18 Feature Assessment results Implications Aboriginal cultural heritage Historical heritage Aboriginal community stakeholders The western boundary of the site abutting Pascoe Vale Road and the eastern boundary of the site abutting the Craigieburn railway line have previously been the subject of separate Aboriginal cultural heritage place surveys; the remainder of the site has not previously been surveyed. The site does not intersect with any defined areas of Aboriginal cultural heritage sensitivity, nor does it contain any registered Aboriginal cultural heritage places or Aboriginal historical places. The desktop review identified 144 registered Aboriginal cultural places within 5km of the site; of these, 121 are artefact scatters, 12 are scarred trees, 10 are low density artefact distributions, and one is an earth feature. The site does not intersect with any places included on the Victorian Heritage Register, the Victorian Heritage Inventory or the Hume LGA Heritage Overlay. The site does not appear in any national heritage registers. RAP Wurundjeri Land and Compensation Cultural Heritage Council Aboriginal Corporation Next steps Based on the assessments undertaken, the site is of negligible ecological, arboricultural, and cultural heritage value. As a result, there are no major impediments to the project from an ecological, arboricultural or cultural heritage perspective. ECO LOGICAL AUSTRALIA PTY LTD 13

19 3.6 Nepean Highway, Mornington The 2.6 hectare study site is located 50 km south of Melbourne on the corner of Oakbank Road and the Nepean Highway within the Mornington Peninsula Shire municipality and the Gippsland Plain Bioregion. Currently the site of a Bata shoes distributor, the land is situated on the outskirts of Mornington next to a large retail precinct and residential areas. The following zones and overlays are applicable to the site: Industrial 3 Zone (IN3Z); and Development Plan Overlay (DPO). Ground surfaces within the study site include: landscaped grounds comprising greater than 70% of the site, surrounding built structures and car parks; buildings and outbuildings; asphalted and concreted surfaces across the remainder of the site. Some ground surfaces within the study site are therefore likely to have experienced prior ground disturbance by machinery during construction of the current premises. Whether this observation can be extended to include the entire study site would require further investigations beyond the scope of the present study. Vegetation onsite is comprised largely of planted native trees and shrubs, including Spotted Gum (Corymbia maculata), Red Ironbark (Eucalyptus tricarpa), Melaleuca spp., Acacia spp. and Callistemon spp. Mornington Country Golf Club and Manmangur Creek are located directly to the north of the site across the Nepean Highway. Table 6 provides a summary of the desktop and field assessment findings, and associated implications. Further detail is contained in Appendix 1. Table 6: Nepean Highw a y, Mornington assessment summar y Feature Assessment results Implications Native vegetation Habitat for fauna Significant species and communities Having supported Grassy Woodlands prior to European settlement, DELWP s modelled dataset indicate small remnants remain. The site assessment identified two remnant scattered trees on the north boundary and west corner of the site. All other native vegetation along the south and east boundaries and in patches surrounding the existing structure are planted and not remnant. Fauna habitat onsite is comprised of mature native trees and shrubs along the boundary and surrounding the existing structure. This vegetation provides limited habitat for common fauna species. The two remnant large old trees have the potential to contain hollows that may provide valuable nesting and refuge habitat for a range of native fauna. The desktop review identified total of 69 significant fauna species and 36 significant flora species within 10km of the study area. Of the 105 species identified, 102 are found on the Victorian Advisory List, 44 are listed and 1 nominated on the FFG Act 1988; 22 are listed on the EPBC Act Based on the extent and nature of vegetation onsite, and the associated habitat value, there is a low likelihood of any significant species occurring onsite. The site does not support patches of remnant vegetation and therefore no significant communities are present. A planning permit will be required for the removal of any native trees. ECO LOGICAL AUSTRALIA PTY LTD 14

20 Feature Assessment results Implications Ecologically sensitive areas Aboricultural values Aboriginal cultural heritage Historical heritage Aboriginal community stakeholders The site is not located within or near any ecologically sensitive areas such as wetlands, reserves or coastal areas. The site contains numerous mature trees and shrubs that have been planted along the south and east boundaries and around the existing building to the north, east and west. Several large pines and exotic shrubs have naturalised amongst planted vegetation in north-east corner. The site has not previously been the subject of an Aboriginal cultural heritage place survey. The site does not intersect with any defined areas of Aboriginal cultural heritage sensitivity, but its northern boundary is situated approximately 80m from an area of cultural heritage sensitivity associated with Manmangur Creek. The site does not contain any registered Aboriginal cultural heritage places or Aboriginal historical places. The desktop review identified 114 registered Aboriginal cultural places within 5km of the site; of these, 50 are artefact scatters, 46 are shell middens, 11 are low density artefact distributions, three are scarred trees, one is an earth feature, one is a quarry, one is a stone feature and one is an Aboriginal ancestral remains (burial). The site does not intersect with any places included on the Victorian Heritage Register, the Victorian Heritage Inventory or the Mornington Peninsula LGA Heritage Overlay. The site does not appear in any national heritage registers. RAP Bunurong Land Council Aboriginal Corporation Aboricultural advice may be required Next steps Based on the assessments undertaken, the site is of negligible ecological, arboricultural, and cultural heritage value. As a result, there are no major impediments to the project from an ecological, arboricultural or cultural heritage perspective. A planning permit from the local government is required to remove native trees. Arboricultural advice is recommended to identify trees that will be impacted and require approval to remove. The removal of scattered remnant trees, of which there are two, will require further consideration under the Basic or Intermediate assessment pathway of the Native Vegetation Removal Regulations. An ecological assessment is recommended to assess the species and size of these trees. ECO LOGICAL AUSTRALIA PTY LTD 15

21 4 Implications of legislation The following section outlines the triggers and issues which will affect the proposed works in relation to the Aboriginal Heritage Act 2006 (Vic) and the Aboriginal Heritage Regulations 2018 (Vic), the Heritage Act 2017 (Vic), the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth), the Planning and Environment Act 1987 (Vic), the Flora and Fauna Guarantee Act 1988 (Vic), the Wildlife Act 1975 (Vic) and the Catchment and Land Protection Act 1994 (Vic). 4.1 Aboriginal Heritage Act 2006 (Vic) and Aboriginal Heritage Regulations 2018 (Vic) When is a cultural heritage management plan (CHMP) required? A CHMP is required for an activity if (reg 6 of the Aboriginal Heritage Regulations): all or part of the activity area for the activity is an area of cultural heritage sensitivity; and all or part of the activity is a high impact activity Do any of the study sites intersect with areas of cultural heritage sensitivity? The following study sites intersect with defined areas of cultural heritage sensitivity: Maroondah Highway, Chirnside Park (reg 22) Regulation 22 states: 22 Registered cultural heritage places 1) A registered cultural heritage place is an area of cultural heritage sensitivity. 2) Subject to subregulation (3), land within 50 metres of a registered cultural heritage place is an area of cultural heritage sensitivity. 3) If part of the land within 50 metres of a registered cultural heritage place has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity. The Chirnside Park study site boundary is situated less than 50 m from the registered location of Aboriginal cultural heritage place VAHR , and therefore includes an area of cultural heritage sensitivity. Has the study site been subject to significant ground disturbance? Regulation 4 of the Aboriginal Heritage Regulations states that: significant ground disturbance means disturbance of a) the topsoil or surface rock layer of the ground; or b) a waterway by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. ECO LOGICAL AUSTRALIA PTY LTD 16

22 Several VCAT red dot decisions 13 have addressed a number of issues relating to the circumstances under which a CHMP is required, and the level of inquiry required by a planning decision-maker to determine whether significant ground disturbance has occurred. The principles established have formed the basis for a Practice Note regarding Significant Ground Disturbance (AAV 2009). The following statements from the Mainstay decision (2009 VCAT 145) are reproduced here verbatim: Many parts of the state are not areas of cultural heritage sensitivity, and many activities are exempt requiring a CHMP. Use should be made of the AAV on-line Aboriginal heritage planning tool to determine if a CHMP is required; It is the fact of significant ground disturbance that creates an exception under the Regulations, and determines if a CHMP is not required. The actual likelihood of Aboriginal heritage existing in the area is irrelevant to this determination; The timing of the significant ground disturbance is irrelevant. It may have occurred many years ago in the early history of European settlement in the state; If only part of the land has been subject to past significant ground disturbance, and the remaining part is still in an area of cultural heritage sensitivity, a CHMP will still be required for the whole development activity; The burden of proving that the land has been the subject of significant ground disturbance rests with the applicant. The planning decision maker (and, on review, the Tribunal) must feel an actual persuasion of the existence of that fact to its reasonable satisfaction. This should not be derived or produced by inexact proofs or indirect inferences, and little weight should be given to a mere assertion by an applicant or landowner; In assessing whether significant ground disturbance has occurred, there are four levels of inquiry that might commonly arise, and the assessment should be dealt with at the lowest applicable level. These levels are: (1) common knowledge, (2) publicly available records, (3) further information from the applicant, and (4) expert advice or opinion; If the decision maker is not persuaded by the applicant that there has been significant ground disturbance, the default position is that a CHMP is required. This accords with the purpose and intent of the Aboriginal Heritage Act 2006; Significant ground disturbance is defined in the Regulations. The disturbance must have been caused by machinery in the course of grading, excavating, digging, dredging or deep ripping. Ploughing other than deep ripping is expressly excluded. Deep ripping is also a defined term that requires the use of a ripper or subsoil cultivation tool to a depth of 60 cms or more. By reference to these definitions, past ground disturbance caused by conventional ploughing (such as by a disc plough or a rotary hoe) does not constitute significant ground disturbance. Both the 13 Mainstay Australia Pty Ltd vs Mornington Peninsula SC & Ors VCAT 145 (24 February 2009); Azzure Investment Group Pty Ltd vs Mornington Peninsula SC VCAT 1600 (14 August 2009). ECO LOGICAL AUSTRALIA PTY LTD 17

23 depth of ploughing and the type of machinery used are relevant to whether deep ripping (as defined) has occurred. The Mainstay decision (2009 VCAT 145) is further complemented by the Azzure decision (2009 VCAT 1600), which addresses difficulties in the application of the Aboriginal Heritage Regulations 2007 (Vic) to determine whether land has been subject to past significant ground disturbance. In the Azzure decision, the Tribunal accepted that in the absence of smoking gun evidence (i.e. proof beyond doubt) that firmly establishes significant ground disturbance as defined in reg 4 (i.e. disturbance of topsoil by machinery), evidence for significant ground disturbance can still be established to a sufficient level from comparative and contextual information. Such information might include: the urban context; the timing of subdivision; the shape, size, topography and configuration of lots; the actual development of dwellings and outbuildings and pattern of use over time; the provision of underground drainage and services; the style and configuration of the house and garden; and the lack of remnant vegetation. The following statement from the Azzure decision (2009 VCAT 1600) is reproduced here verbatim: The comparative and contextual information must still reasonably satisfy the decision maker that the relevant land has been disturbed in the past by machinery in the course of grading, excavating, digging, dredging or deep ripping (other than ploughing) i.e. the definition of the AH Regulations must still be met. However, in the absence of a single item of proof, the contextual approach may assist in achieving this level of satisfaction though a reasonable inquiry and examination of a range of relevant information (none of which necessarily conclusive itself) and joining the dots to reach a common sense conclusion from the available information...the standard of proof is on the balance of probabilities not proof beyond doubt. The essential element in determining whether or not significant ground disturbance has occurred is the ability to demonstrate that the topsoil of the ground has been disturbed by machinery in the course of grading, excavating, digging, dredging or deep ripping. In the case of the Chirnside Park site, the intersecting area of cultural heritage sensitivity mapped around VAHR is highly likely to have been disturbed by machinery during construction of the East Ridge Business Park, and on this basis would no longer be an area of cultural heritage sensitivity. Is the activity a high impact activity? Details of the works to be undertaken in establishing the project at each of the six sites assessed in the present study have not been provided. Working on the basis that the project involves the creation of new retail outlets using existing premises and car parking facilities at the six sites, reg 43(1)(b)(xx) of the Aboriginal Heritage Regulations applies: 43 Buildings and works for specified uses (1) The construction of a building or the construction or carrying out of works on land is a high impact activity if the construction of the building or the construction or carrying out of the works (a) would result in significant ground disturbance; and ECO LOGICAL AUSTRALIA PTY LTD 18

24 (b) is for or associated with the use of the land for any one or more of the following purposes (xx) a retail premises; (2) The terms used in subregulation (1)(b) have the same meanings as they have in the VPP. Do any exemptions apply? No known exemptions (regs 7-19) apply to the project. Will a Cultural Heritage Management Plan be required for the activity? According to the criteria and definitions listed above, the Aboriginal Heritage Act 2006 (Vic) and the Aboriginal Heritage Regulations 2018 (Vic) will not require the lodgement of an approved CHMP as part of an application for approval for the activity as currently proposed at the following sites: Nepean Highway, Mornington Centre Road, Oakleigh South Maroondah Highway, Chirnside Park Gladstone Road, Dandenong High Street, Epping Pascoe Vale Road, Coolaroo 4.2 Heritage Act 2017 The Heritage Act 2017 enables the identification and protection of heritage places and objects that are of significance to the state of Victoria and establishes the Victorian Heritage Register, the Victorian Heritage Inventory and the Heritage Council of Victoria, the expert statutory body for determining matters relating to historic cultural heritage. Places of recognised state heritage significance are included in the Victorian Heritage Register (VHR), and are legally protected under the provisions of the Heritage Act All archaeological sites (other than those which are determined by the Executive Director to have low archaeological value) and all approved sites of archaeological value are included in the Victorian Heritage Inventory (generally known as the Heritage Inventory, or VHI), and are also protected under the Heritage Act The Heritage Council of Victoria and the state government agency Heritage Victoria (HV) are responsible for maintaining the Victorian Heritage Register and issuing heritage permits and other approvals for the development of heritage places of state significance under the Heritage Act The Victorian Heritage Inventory is also administered by Heritage Victoria. Any activities that will result in the excavation or disturbance to an archaeological site or its objects must have first obtained the consent of Heritage Victoria. All archaeological sites in Victoria are protected by the Heritage Act 1995, regardless of whether they are included in the Inventory. ECO LOGICAL AUSTRALIA PTY LTD 19

25 Places of local significance are listed for protection in local planning schemes, under the provisions of the Planning and Environment Act Places are added to planning schemes through amendments to individual planning schemes, and are included in local Heritage Overlays. In addition to their administration of heritage controls through the Heritage Overlay provisions of their own planning schemes, local councils may also be involved in commenting on applications made for permits under the Heritage Act 1995 (for places included in the Victorian Heritage Register). Any changes to registered places and objects require permit approval by the Executive Director, Heritage Victoria, unless there are permit exemptions in place allowing for certain works to be undertaken without a permit or the works proposed are minor and are specifically exempted by the Executive Director. Pursuant to ss 87, 88 and 89 of the Heritage Act 2017, a person must not remove, relocate or demolish, damage or despoil, develop or alter, or excavate all or any part of a registered place, unless the works or activities are carried out in accordance with a permit issued under the Heritage Act 2017 or are subject to religious services or rites (s 90) or are works that the Heritage Council or the Executive Director have determined do not require a permit. Implications of the study sites included in the present study contains places or objects identified as having historical value. 4.3 Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) The Environment Protection Biodiversity Conservation Act 1999 (EPBC Act) is Commonwealth legislation that deals with Matters of National Environmental Significance (MNES). Where a development or activity has the potential to have a significant impact on a MNES, a referral is made to the Department of Environment and Energy (DoEE). The Department determines whether the activity can proceed with no further assessment by the Commonwealth, or whether it will be a controlled action for which an Environmental Impact Assessment must be supplied. Matters of National Environmental Significance (MNES) include: World Heritage properties National Heritage places Nationally listed threatened species and ecological communities Listed migratory species Ramsar wetlands of international importance Commonwealth marine areas Nuclear actions (including uranium mining). A water resource, in relation to coal seam gas development and large coal mining development. Implications No matters of MNES were identified in relation to the six study sites included in the present study. 4.4 Planning and Environment Act 1987 (Victoria) The Planning and Environment Act 1987 governs the use, development, and protection of land in Victoria. ECO LOGICAL AUSTRALIA PTY LTD 20

26 The Act provides an integrated framework for planning policies and considerations across local, regional and state levels of governance and land use. These are incorporated through the Victorian Planning Provisions (VPP) and enacted under the municipal planning scheme through legal instruments such as planning permits and Precinct Plans. Planning Overlays No overlays containing ecological implications apply to the subject site. A heritage overlay applies to the Ballarat site, see section 4.2 for further information. Native vegetation removal regulations The Victorian native vegetation removal regulations are designed to protect Victoria s biodiversity from uncontrolled clearing of native vegetation. These regulations are enacted through the Planning and Environment Act 1987 and municipal planning schemes. Under Clause of the VVP, a permit is required to remove, destroy or lop native vegetation on sites greater than 0.4 hectares; unless an exemption applies or is undertaken in accordance with a Precinct Structure Plan (PSP) as set out under Clause of the VVP. The process for determining impacts on Victoria s biodiversity when native vegetation is impacted are set out under the Guidelines for the removal, destruction or lopping of native vegetation (The Guidelines ). The Guidelines set out how impacts on Victoria s biodiversity are to be considered when assessing applications for a permit to remove, destroy or lop native vegetation. They apply a riskbased approach using the extent, quality and landscape scale importance of vegetation to determine its significance to Victoria s biodiversity and therefore the assessment pathway under which the application must be considered. Implications The Oakleigh and Mornington sites were identified as containing remnant scattered trees. Should this vegetation be impacted, further consideration under the basic pathway of the native vegetation removal regulations would be required. This would involve an application for a permit to remove native vegetation in accordance with Clause of the local planning scheme, including information on the nature of the vegetation being removed, the significance in a local and regional context and the offset requirements. 4.5 Flora and Fauna Guarantee Act 1988 (FFG Act) (Victoria) The Flora and Fauna Guarantee Act 1988 (FFG Act) is a key part of Victoria s legislation for the protection and management of biodiversity including the conservation of threatened species and communities and the management of threatening processes. The following is implemented under the FFG Act: listing of threatened taxa, communities of flora or fauna and potentially threatening processes, and creation of Action Statements and Management Plans for all listed species and processes declaration of a Critical Habitat for threatened species and communities, regulating (licencing) the taking, trading in, keeping, moving or processing protected flora. Permits are required to take, remove, or disturb listed and/or protected flora species and communities on public land. Listed fauna species are also protected under controls contained in the Wildlife Management Act ECO LOGICAL AUSTRALIA PTY LTD 21

27 Implications No matters relating to the FFG Act were identified in relation to the study sites. 4.6 Wildlife Act 1975 (Victoria) The Wildlife Act 1975 protects and manages wildlife (fauna) in Victoria. The purpose of the act is to provide procedures for the protection and conservation of wildlife, the prevention of wildlife extinction, sustainable use and access to wildlife, and prohibit and regulate interactions with wildlife. The Wildlife Act 1975 regulates interactions with wildlife including both native and non-native terrestrial species, and is the main legislation determining licensing relating to wildlife along the FFG Act 1988 for threatened and protected taxa. The Wildlife Regulations 2013 provides for changes in licensing for the possession, use and trade of wildlife and further instruments for protecting wildlife under Part 2 Protection of Wildlife including that a Person not to damage, disturb or destroy any wildlife habitat under Section 42 of the regulations. Implications If trees are felled, fauna monitoring and salvage of hollow-dependent fauna or nesting birds may be required by the responsible authority. This work should be undertaken by a suitably qualified ecologist/zoologist with appropriate permits under the Wildlife Act 1975 and FFG Act Catchment and Land Protection Act 1994 (Victoria) The Catchment and Land Protection Act 1994 (CaLP Act) is the main legislative instrument for preventing land degradation and defining catchment planning and land management responsibilities. The Act has provisions for pest animals and noxious weeds and sets out requirements for landowners (including the Crown) in relation to these matters and land management practices. Under the Act, landowners have responsibilities set out under the act for different categories of weeds which are listed by species in a declared list of noxious weeds. These categories include State Prohibited Weeds, Regionally Prohibited Weeds, Regionally Controlled Weeds, and Restricted Weeds. Implications Landowners have responsibility to take all reasonable steps to control and prevent the spread and growth of Regional Controlled noxious weed species on their land and roadsides which adjoin their land. Appropriate weed control measures should be incorporated into the Construction Environmental Management Plan for any proposed works within the study sites. 4.8 Victorian Tree Controls Under the Victorian Planning Scheme there are various controls on works affecting trees on private land. Controls on native trees largely come under the Planning and Environment Act 1987 (Vic) and controls over all other trees are largely administered under planning zones and overlays including: Vegetation Protection Overlay Environmental Significance Overlay Significant Landscape Overlay Heritage Overlay ECO LOGICAL AUSTRALIA PTY LTD 22

28 Neighbourhood Character Overlay There are also local tree protection laws which supplement planning regulations. A number of councils including City of Boroondara, City of Frankston, City of Port Phillip, and City of Whittlesea have local laws protecting trees. There are no specific requirements relating to trees under the planning zones or overlays applying to the sites assessed other than native trees as defined under the Planning and Environment Act Arboricultural advice may be required to identify trees that will be impacted and require approval to remove under Victoria s native vegetation regulations and/or to inform the planning application and design process. 5 Conclusion Cultural Heritage According to the criteria and definitions listed above, the Aboriginal Heritage Act 2006 (Vic) and the Aboriginal Heritage Regulations 2018 (Vic) will not require the lodgement of an approved CHMP as part of an application for approval for the activity as currently proposed at the following sites: Nepean Highway, Mornington Centre Road, Oakleigh South Maroondah Highway, Chirnside Park Gladstone Road, Dandenong High Street, Epping Pascoe Vale Road, Coolaroo It should be noted that this opinion does not imply that Aboriginal cultural heritage places are not present at these study sites, or are not at risk of impact from the proposed activities. It is simply stated that the Aboriginal Heritage Regulations 2018 (Vic) do not require a mandatory CHMP for the proposed works at these locations. Any further measures to ensure compliance with the blanket protection provisions of the Aboriginal Heritage Act 2006 (Vic) (ss 27-29) are at the discretion of the proponent of any future development of the land. This cultural heritage preliminary assessments do not constitute a CHMP as defined in Division 1 of the Aboriginal Heritage Act Ecology The removal of native vegetation may require a planning permit under local government planning schemes at the following sites: Oakleigh South Mornington This will require further consideration under Victoria s removal of native vegetation regulations should the vegetation be impacted. Further assessments are therefore advised at these sites to support planning permit applications. ECO LOGICAL AUSTRALIA PTY LTD 23

29 6 References Environmental Resources Management Archaeological investigations at East Ridge Business Park, Maroondah Highway, Mooroolbark, Victoria. Unpublished report to KFT Investments Pty Ltd. ECO LOGICAL AUSTRALIA PTY LTD 24

30 Appendix 1 Desktop Assessment Data ECO LOGICAL AUSTRALIA PTY LTD 25

31 ELA Due Diligence Assessment - Kaufland Sites SITE Site ID Site name 1 Gladstone Road, Dandenong High Street, Epping Centre Road, Oakleigh South Maroondah Highway, Chirnside Park 1550 Pascoe Vale Road, Coolaroo 1158 Nepean Highway, Mornington Vegetation Site assessment undertaken No No No Yes Yes Yes EVCs 2005 within area Herb-rich Woodlands (164) - - Valley Grassy Forest (47) EVCs1750 within area Plains Grassy Woodland (55) Plains Grassy Woodland (55) Grassy Woodlands (175), Heathy Woodlands Herb-rich Woodlands (164) Plains Grassy Woodland (55) Grassy Woodland (175) (48) Valley Grassy Forest (47) Wetlands (current) - - Wetland number (Dam) - 263m NE Modelled extent 25-50% exotic 25-50% exotic <25% exotic <25% exotic 25-50% native (grassland) <25% native, 25-50% exotic Condition score Location risk , 2, 3 1,2 Pathway NA NA NA NA NA NA Habitat Terrestrial flora Negligible - paved and landscaped Negligible - paved and landscaped Negligible - paved and landscaped Poor - site disturbance and exotic grasslands Negligible - paved and landscaped, exotic grassland Poor - site disturbance and exotic and planted vegetation Terrestrial fauna Negligible - Scattered, small Eucalyptus trees in Negligible - Scattered, immature Eucalyptus Negligible - Scattered Eucalyptus and Negligible - Scattered immature Acacia trees in Negligible - Scattered planted Chinaberry trees Negligible - Scattered Corymbia, Eucalyptus, urban setting and exotic trees in urban setting Allocasuarina trees in urban setting urban setting (Melia azedarach) in urban setting Melaleuca, Acacia and Pinus species in urban setting Aquatic flora NA NA NA NA NA NA Aquatic fauna NA NA NA NA NA NA Seasonal NA NA NA NA NA NA Significant species Search radius 5km 5km 5km 5km 5km 10km Flora Fauna DSE advisory list records FFG records (1) 25 29(1) 44(1) EPBC records Species with moderate or high likelihood of occurrence Significant communities EPBC Act NA NA NA NA NA NA FFG Act NA NA NA NA NA NA Other NA NA NA NA NA NA Ecologically sensitive areas Parks Reserves - - Huntingdale Golf Course adjacent to site - - Mornington Country Golf Club and Manmangur Creek adjacent to site Biosites Ramsar Directory wetland sites East-Asian Aust. Flyway sites Marine parks Estuaries Planning and admin Street Address 1-3 Gladstone Road Dandenong High Street Epping Centre Road Oakleigh South Maroondah Highway Chirnside Park 1550 Pascoe Vale Road Coolaroo Nepean Highway Mornington Zones C2Z - Commercial 2 Zone ACZ1 - Activity Centre Zone Schedule 1 IN1Z - Industrial 1 Zone C1Z - Commercial 1 Zone RGZ3 - Residential Growth Zone Schedule 1 C2Z - Commercial 2 Zone IN3Z - Industrial 3 Zone Overlays Nil DCPO3, DCPO14 - Development Contributions Plan Schedules 3 and 14 EAO - Environmental Audit Overlay PO1 - Parking Overlay - Precinct Schedule 1 Nil DCPO1 - Development Contributions Plan Overlay Schedule 1 SBO - Special Building Overlay DPO2 - Development Plan Overlay Schedule 2 National Heritage List No No No No No No Victorian Heritage Register No No No No No No Victorian Heritage Inventory No No No No No No Aboriginal Cultural Heritage Sensitivity No No No Yes No No Registered Aboriginal Cuiltural Heritage Place No No No No No No LGA Greater Dandenong Whittlesea Kingston Yarra Ranges Hume Mornington Peninsula Bioregion Gippsland Plain Victorian Volcanic Plain Gippsland Plain Highlands - Southern Fall Victorian Volcanic Plain Gippsland Plain DELWP region Port Phillip Port Phillip Port Phillip Port Phillip Port Phillip Port Phillip Lanforms and Soils Surface geology Red Bluff Sandstone (Nbr) New Volcaninc Group - stony rises basalt (Neo2) Red Bluff Sandstone (Nbr) Humevale Siltstone (Dxh) Newer Volcanic Group - basalt flows (Neo) Red Bluff Sandstone (Nbr) Geomorphological unit Eastern Plains - Central Sunklands - coastal plains with ridges and dunefields Western Plains - Volcanic plains - stony rises Eastern Plains - Central Sunklands - coastal plains with ridges and dunefields Eastern Uplands - low relief landscapes below 500m - low relief landscapes Western Plains - Volcanic plains - stony rises Southern Uplands - very low relief (very low elevation generally <100m) - plateau Land system Sand and Clay Plains Moorabin - Rise (relative relief 9-30m) Western District stony undulating plains - plain above flood level (relative relief <9m) Sand and Clay Plains Moorabin - Rise (relative relief 9-30m) East Victorian dissected uplands - low hill (relative relief 30-90m) Western District stony undulating plains - plain above flood level (relative relief <9m) Mornington Peninsula moderate ridge - Rise (relative relief 9-30m) Soils Mottled duplex soils, pale sands Stony earths, dark clays, yellow duplex soils Mottled duplex soils, pale sands Yellow duplex soils Stony earths, dark clays, yellow duplex soils Yellow duplex soils

32 HEAD OFFICE Suite 2, Level Old Princes Highway Sutherland NSW 2232 T F CANBERRA Level 2 11 London Circuit Canberra ACT 2601 T F COFFS HARBOUR 35 Orlando Street Coffs Harbour Jetty NSW 2450 T F PERTH Suite 1 & 2 49 Ord Street West Perth WA 6005 T F MELBOURNE Level 1, 436 Johnston St Abbotsford, VIC 3076 T SYDNEY Suite 1, Level Sussex Street Sydney NSW 2000 T F NEWCASTLE Suites 28 & 29, Level 7 19 Bolton Street Newcastle NSW 2300 T F ARMIDALE 92 Taylor Street Armidale NSW 2350 T F WOLLONGONG Suite 204, Level 2 62 Moore Street Austinmer NSW 2515 T F BRISBANE Suite 1, Level Adelaide Street Brisbane QLD 4000 T HUSKISSON Unit 1, 51 Owen Street Huskisson NSW 2540 T F NAROOMA 5/20 Canty Street Narooma NSW 2546 T F MUDGEE Unit 1, Level 1 79 Market Street Mudgee NSW 2850 T F GOSFORD Suite 5, Baker One 1-5 Baker Street Gosford NSW 2250 T F ADELAIDE 2, 70 Pirie Street Adelaide SA 5000 T F