preliminary ecological and cultural heritage assessments · eco logical australia (ela) has been...

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

15 June 2018


© ECO LOGICAL AUSTRALIA PTY LTD ii

Document Tracking

I tem Deta i l

Project Name Preliminary ecological and cultural heritage assessments for proposed

development sites in Dandenong, Epping, Oakleigh South, Chirnside Park,

Coolaroo and Mornington, Victoria

Project Number 18MEL-9970

Project Manager Michael Green

Phone 0401 421 161

Office address Level 1, 436 Johnston St, Abbotsford, VIC 3076

Prepared by James Garden, Danielle Woodhams, Michael Green and Austin O’Malley

Reviewed by Austin O’Malley

Approved by Austin O’Malley

Status 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 2018. 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 iii

Table of Contents

1 Introduction ................................................................................................................................... 1

1.1 Project Background ................................................................................................................. 1

1.2 Scope of works ........................................................................................................................ 1

1.3 Study sites ............................................................................................................................... 2

2 Method ............................................................................................................................................ 2

2.1 Ecological ................................................................................................................................ 2

2.2 Cultural heritage ...................................................................................................................... 3

3 Findings ......................................................................................................................................... 4

3.1 Gladstone Road, Dandenong.................................................................................................. 4

3.2 High Street, Epping ................................................................................................................. 6

3.3 Centre Road, Oakleigh South ................................................................................................. 8

3.4 Maroondah Highway, Chirnside Park ................................................................................... 10

3.5 Pascoe Vale Road, Coolaroo ................................................................................................ 12

3.6 Nepean Highway, Mornington ............................................................................................... 14

4 Implications of legislation .......................................................................................................... 16

4.1 Aboriginal Heritage Act 2006 (Vic) and Aboriginal Heritage Regulations 2018 (Vic) ........... 16

4.2 Heritage Act 2017 ................................................................................................................. 19

4.3 Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) ............ 20

4.4 Planning and Environment Act 1987 (Victoria) ..................................................................... 20

4.5 Flora and Fauna Guarantee Act 1988 (FFG Act) (Victoria) .................................................. 21

4.6 Wildlife Act 1975 (Victoria) .................................................................................................... 22

4.7 Catchment and Land Protection Act 1994 (Victoria) ............................................................. 22

4.8 Victorian Tree Controls ......................................................................................................... 22

5 Conclusion ................................................................................................................................... 23

6 References ................................................................................................................................... 24

Appendix 1 ........................................................................................................................................... 25

Desktop Assessment Data ................................................................................................................ 25

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 ................................................. 10


© ECO LOGICAL AUSTRALIA PTY LTD iv

Table 6: Pascoe Vale Road, Coolaroo assessment summary ............................................................. 12

Table 7: Nepean Highway, Mornington assessment summary ............................................................ 14

Abbreviations

Abbreviat ion Descr ip t ion

ACHRIS Aboriginal Cultural Heritage Research and Information System

AV Aboriginal Victoria

CHMP Cultural Heritage Management Plan

HV Heritage Victoria

RAP Registered Aboriginal Party

Key terms

Term Descr ip t ion

Locality An area within a 5 km radius of the study area

Study area The area surveyed for the proposed works

Study site The area of direct impact associated with the proposed developments


© ECO LOGICAL AUSTRALIA PTY LTD v

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 : Summary of ecological and cul tural heri tage si te constraints

Study Si te Ecology Cul tura l Her i tage

His tor ica l Abor ig ina l

Gladstone Road,

Dandenong

Nil Nil Nil

High Street,

Epping

Nil Nil Nil

Centre Road,

Oakleigh South

Permit to remove native

vegetation.

Remnant vegetation may require

consideration of native vegetation

regulations.

Nil Nil

Maroondah

Highway,

Chirnside Park

Nil

Nil Nil

Pascoe Vale

Road, Coolaroo

Nil Nil Nil

Nepean Highway,

Mornington

Permit to remove native

vegetation

Remnant vegetation may require

consideration of native vegetation

regulations.

Nil Nil


© ECO LOGICAL AUSTRALIA PTY LTD 1

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 inspection of key statutory online databases;

o inspection of publicly available aerial and site imagery;

o 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 visual inspection of aerial photography;

o review relevant environmental legislation and planning permit requirements including government online mapping resources and planning schemes.

• Desktop assessments (detailed):

o searches of relevant Commonwealth and state biological databases;

o identification of any mapped occurrence of Ecological Vegetation Classes;

o confirm site Location Risk and modelled strategic biodiversity score under Victoria’s Permitted Clearing regulations;

o identify environmental regulatory approval pathways and requirements.

• Site Inspections:

o detect the presence of native vegetation;

o likelihood assessment for rare or threatened species and ecological communities;

o identify trees of significant arboriculture or ecological value.



1.3 Study sites

Preliminary assessments have been undertaken for the following six study sites:

• 1 Gladstone Road, Dandenong

• 592-694 High Street, Epping

• 1126-1146 Centre Road, Oakleigh South

• 266-268 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

1 https://vba.dse.vic.gov.au/vba/#/ - 3 April 2018 2 http://www.environment.gov.au/epbc/protected-matters-search-tool - 3 April 2018 3 http://maps.biodiversity.vic.gov.au/viewer/?viewer=NatureKit - 3 April 2018 4 http://www.vvb.org.au/vvb_map.php - 3 April 2018 5 https://nvim.delwp.vic.gov.au/ - 3 April 2018 6 http://planning-schemes.delwp.vic.gov.au/ - 3 April 2018 7 http://services.land.vic.gov.au/maps/pmo.jsp - 3 April 2018

https://vba.dse.vic.gov.au/vba/#/

http://www.environment.gov.au/epbc/protected-matters-search-tool

http://maps.biodiversity.vic.gov.au/viewer/?viewer=NatureKit

http://www.vvb.org.au/vvb_map.php

https://nvim.delwp.vic.gov.au/

http://planning-schemes.delwp.vic.gov.au/

http://services.land.vic.gov.au/maps/pmo.jsp



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 2018. 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 ACHRIS8)

• Victorian Aboriginal Places Register (via ACHRIS)

• Victorian Heritage Register (via HERMES9)

• Victorian Heritage Inventory (via HERMES)

• Commonwealth Heritage List (via the Australian Heritage Database10)

• National Heritage List (via the Australian Heritage Database)

• Register of the National Estate (non-statutory; via the Australian Heritage Database)

• Australian Heritage Places Inventory11

• LGA Planning Schemes Heritage Overlays12

8 https://achris.vic.gov.au/ - accessed 9 April 2018 9 http://hermes.heritage.vic.gov.au/ - accessed 9 April 2018 10 http://www.environment.gov.au/cgi-bin/ahdb/search.pl - accessed 9 April 2018 11 https://dmzapp17p.ris.environment.gov.au/ahpi/action/search/ - accessed 9 April 2018 12 http://planningschemes.dpcd.vic.gov.au/ - accessed 9 April 2018

https://achris.vic.gov.au/

http://hermes.heritage.vic.gov.au/

http://www.environment.gov.au/cgi-bin/ahdb/search.pl

https://dmzapp17p.ris.environment.gov.au/ahpi/action/search/

http://planningschemes.dpcd.vic.gov.au/



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 Registered Aboriginal Parties (RAPs)

o RAP applicants

o 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 resul ts Impl icat ions

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.

None




Habitat for

fauna

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.

None

Significant

species and

communities

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

1999.

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.

None

Ecologically

sensitive areas

The site is not located within or near any ecologically sensitive areas

such as wetlands, reserves or coastal areas.

None

Aboricultural

values

Scattered, immature exotic and native trees planted throughout the

carpark.

Aboricultural advice

may be required

Aboriginal

cultural

heritage

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.

None

Historical

heritage

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.

None

Aboriginal

community

stakeholders

RAP Applicants – Bunurong Land Council Aboriginal Corporation;

Yaluk-Ut Weelam Elders Council Aboriginal Corporation.

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.



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.


• landscaped frontage along High Street and the car park entry on Cooper Street;

• buildings constructed from colour bond steel;




Table provides a summary of the desktop and field assessment findings, and associated implications.


Table 3 : High Street , Epping assessment summary


Native

vegetation

Having supported Plains Grassy Woodlands prior to European




which did not identify any remnant indigenous vegetation onsite.

None

Habitat for

fauna

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.

None

Significant

species and

communities

The desktop review identified total of 39 significant fauna species

and 27 significant flora species within 5km of the study area. Of the



1999.






None

Ecologically

sensitive areas



None

Aboricultural

values

Scattered, immature exotic and native trees planted throughout the

carpark.


may be required

Aboriginal

cultural

heritage





None






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


Heritage Register, the Victorian Heritage Inventory or the Whittlesea

LGA Heritage Overlay. The site does not appear in any national

heritage registers.

None

Aboriginal

community

stakeholders

RAP – Wurundjeri Land and Compensation Cultural Heritage

Council Aboriginal Corporation

None






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.


• landscaped frontage along Centre Road and Clarinda Road;

• buildings constructed from colour bond steel; and






Table 3 : Centre Road, Oakleigh South assessment summar y


Native

vegetation

Having supported Grassy or Heathy Woodlands prior to European




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.

A planning permit will

be required for the

removal of any native

trees, including 1-2

remnant scattered

trees.

Habitat for

fauna

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.

None

Significant

species and

communities




are listed and 1 nominated on the FFG Act 1988; 13 are listed on

the EPBC Act 1999.




The site does not support patches of remnant vegetation and

therefore no significant communities are present.

None

Ecologically

sensitive areas

The site is located 263 south-west of a small wetland (No. 71680). None – works are

unlikely to impact the

wetland.

Aboricultural

values

Scattered native trees planted throughout the carpark. Aboricultural advice

may be required




Aboriginal

cultural

heritage







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.

None

Historical

heritage


Heritage Register, the Victorian Heritage Inventory or the Kingston

LGA Heritage Overlay. The site does not appear in any national

heritage registers.

None

Aboriginal

community

stakeholders



None




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.



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).


• 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 : Maroondah Highway, Chirnside Park assessment summary


Native

vegetation

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.

None

Habitat for

fauna

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.

None

Significant

species and

communities





1999.






None

Ecologically

sensitive areas



None




Aboricultural

values

The site does not support mature, established trees of amenity

value.


may be required

Aboriginal

cultural

heritage

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 7922-0970). 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.

None

Historical

heritage


Heritage Register, the Victorian Heritage Inventory or the Yarra

Ranges LGA Heritage Overlay. The site does not appear in any


None

Aboriginal

community

stakeholders



None






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.


• 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 : Pascoe Vale Road, Coolaroo assessment summar y


Native

vegetation

Having supported Plains Grassy Woodland prior to European



This finding is supported by the site assessment, which did not

identify any remnant indigenous vegetation onsite.

None

Habitat for fauna 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.

None

Significant

species and

communities


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 1999.

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.



None

Ecologically

sensitive areas

The site is not located within or near any ecologically sensitive

areas such as wetlands, reserves or coastal areas.

None

Aboricultural

values

Young exotic trees planted throughout the carpark. Aboricultural advice

may be required




Aboriginal

cultural heritage

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.

None

Historical

heritage

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


None

Aboriginal

community

stakeholders

RAP – Wurundjeri Land and Compensation Cultural Heritage

Council Aboriginal Corporation

None

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.



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).


• landscaped grounds comprising greater than 70% of the site, surrounding built structures and car parks;

• buildings and outbuildings;


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 : Nepean Highway, Mornington assessment summar y


Native

vegetation

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.

A planning permit

will be required for

the removal of any

native trees.

Habitat for fauna 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.

None

Significant

species and

communities

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 1999.






None




Ecologically

sensitive areas



None

Aboricultural

values

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.

Aboricultural

advice may be

required

Aboriginal

cultural heritage



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).

None

Historical

heritage


Heritage Register, the Victorian Heritage Inventory or the Mornington

Peninsula LGA Heritage Overlay. The site does not appear in any


None

Aboriginal

community

stakeholders

RAP – Bunurong Land Council Aboriginal Corporation None

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.



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 7922-0970, 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.



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).



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 7922-0970 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



(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 2017.

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 2017.

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 2017.

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.



Places of local significance are listed for protection in local planning schemes, under the provisions of

the Planning and Environment Act 1987. 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

None 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.



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 regulat ions

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 52.17 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 52.16 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 risk-

based 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 52.17 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 1975.



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 1988.

4.7 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



• 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 1987.

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 Heri tage

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 2006.

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.



6 References

Environmental Resources Management. 2007. Archaeological investigations at East Ridge Business

Park, 248-268 Maroondah Highway, Mooroolbark, Victoria. Unpublished report to KFT Investments

Pty Ltd.



Appendix 1

Desktop Assessment Data

ELA Due Diligence Assessment - Kaufland SitesSite ID 1 2 3 4 5 6

Site name 1 Gladstone Road, Dandenong 592-694 High Street, Epping 1126-1146 Centre Road, Oakleigh South 266-268 Maroondah Highway, Chirnside Park 1550 Pascoe Vale Road, Coolaroo 1158 Nepean Highway, Mornington

Site assessment undertaken No No No Yes Yes Yes

Vegetation

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

(48)

Herb-rich Woodlands (164)

Valley Grassy Forest (47)

Plains Grassy Woodland (55) Grassy Woodland (175)

Wetlands (current) - - Wetland number 71680 (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 0.2 0.2 0.2 0.2 0.35 - 0.66 0.2 - 0.5

Location risk 1 1 1 1 1, 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

urban setting

Negligible - Scattered, immature Eucalyptus

and exotic trees in urban setting

Negligible - Scattered Eucalyptus and

Allocasuarina trees in urban setting

Negligible - Scattered immature Acacia trees in

urban setting

Negligible - Scattered planted Chinaberry trees

(Melia azedarach) in urban setting

Negligible - Scattered Corymbia, Eucalyptus,

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 18 27 24 22 32 36

Fauna 43 39 43 41 39 69

DSE advisory list records 60 64 66 60 69 102

FFG records 29 21 28(1) 25 29(1) 44(1)

EPBC records 17 11 13 10 13 22

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 3175 592-694 High Street Epping 3076 1126-1146 Centre Road Oakleigh South 3167 266-268 Maroondah Highway Chirnside Park

3116

1550 Pascoe Vale Road Coolaroo 3041 1158 Nepean Highway Mornington 3931

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 7.1.1 Eastern Plains - Central Sunklands -

coastal plains with ridges and dunefields

6.1.2 Western Plains - Volcanic plains - stony

rises

7.1.1 Eastern Plains - Central Sunklands -

coastal plains with ridges and dunefields

1.3.1 Eastern Uplands - low relief landscapes

below 500m - low relief landscapes

6.1.2 Western Plains - Volcanic plains - stony

rises

3.3.1 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

SITE

HEAD OFFICE

Suite 2, Level 3 668-672 Old Princes Highway

Sutherland NSW 2232

T 02 8536 8600

F 02 9542 5622

SYDNEY

Suite 1, Level 1

101 Sussex Street

Sydney NSW 2000

T 02 8536 8650

F 02 9542 5622

HUSKISSON

Unit 1, 51 Owen Street

Huskisson NSW 2540

T 02 4201 2264

F 02 9542 5622

CANBERRA

Level 2

11 London Circuit

Canberra ACT 2601

T 02 6103 0145

F 02 9542 5622

NEWCASTLE

Suites 28 & 29, Level 7

19 Bolton Street

Newcastle NSW 2300

T 02 4910 0125

F 02 9542 5622

NAROOMA

5/20 Canty Street

Narooma NSW 2546

T 02 4302 1266

F 02 9542 5622

COFFS HARBOUR

35 Orlando Street

Coffs Harbour Jetty NSW 2450

T 02 6651 5484

F 02 6651 6890

ARMIDALE

92 Taylor Street

Armidale NSW 2350

T 02 8081 2685

F 02 9542 5622

MUDGEE

Unit 1, Level 1

79 Market Street

Mudgee NSW 2850

T 02 4302 1234

F 02 6372 9230

PERTH

Suite 1 & 2

49 Ord Street

West Perth WA 6005

T 08 9227 1070

F 02 9542 5622

WOLLONGONG

Suite 204, Level 2

62 Moore Street

Austinmer NSW 2515

T 02 4201 2200

F 02 9542 5622

GOSFORD

Suite 5, Baker One

1-5 Baker Street

Gosford NSW 2250

T 02 4302 1221

F 02 9542 5622

MELBOURNE

Level 1, 436 Johnston St

Abbotsford, VIC 3076

T 1300 646 131

BRISBANE

Suite 1, Level 3

471 Adelaide Street

Brisbane QLD 4000

T 07 3503 7192

ADELAIDE

2, 70 Pirie Street

Adelaide SA 5000

T 08 8470 6650

F 02 9542 5622

1300 646 131

www.ecoaus.com.au

http://www.ecoaus.com.au/

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