INVESTIGATION REPORT Yellowdindi Road

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1 INVESTIGATION REPORT Yellowdindi Road Investigation into VicForests' Compliance with Cool Temperate Rainforest Ecological Buffer Prescriptions under the Flora and Fauna Guarantee Act Action Statement #238 for the Threatened Ecological Vegetation Class Cool Temperate Rainforest Abstract VicForests scheduled and active clearfell logging coupe was investigated to determine planning and operational compliance with the regulatory framework relevant to the protection of rainforest during logging operations within Victorian State Forest. The "ecotone" between the rainforest and the sclerophyll forest within the study area was identified using the mandatory "differential species method" for identifying rainforest boundaries. All ecotone, logging activity and coupe demarcation location details were recorded and analysed using GPS mapping software. The results of this process demonstrate that the "ecological rainforest buffer" required to ensure protection of the rainforest stand on site has not been adequately provided and logging activities such as bulldozing and tree falling have occurred within this protection zone. Relevant Legislation Code of Practice for Timber Production (Section 2.2.2), Victorian Government Department of Sustainability and Environment, 2007 ; Central Highlands Forest Management Plan (Chapter 3, Biodiversity Conservation), DNRE, East Melbourne, 1998; Flora and Fauna Guarantee Act (1998) Action Statement #238 Cool Temperate Rainforest; Dry Rainforest (Limestone), Warm Temperate Rainforest (Coastal East Gippsland); Warm Temperate Rainforest (Cool Temperate Overlap; Howe Range); Warm Temperate Rainforest (East Gippsland Alluvial Terraces); Warm Temperate Rainforest (Far East Gippsland); Human activity which results in artificially elevated or epidemic levels of Myrtle Wilt within Nothofagus dominated Cool Temperate Rainforest, Victorian Government Department of Sustainability and Environment, Melbourne, June 2009; Management Procedures for timber harvesting, roading and regeneration in Victoria's State forests 2009, Victorian Government Department of Sustainability and Environment, Melbourne, October 2009, (Section 1.4.6(c)). Organisations participant in breach VicForests Logging contractors operating in coupe Status of Site Logging operations are ongoing within the subject coupe. Date of Investigation 15/09/2012 Surveyor/Author Andrew Lincoln Date of report 18/09/2012

2 Location details Within and adjacent to VicForests scheduled and active clearfell logging coupe along Yellowdindi Road in the Toolangi State Forest. Figure A. Detail from: "Approved TRP Map (with amendments applied) Central FMA, Toolangi, ( )", VicForests, posted on website 06 September Investigation location Figure B. Aerial view of study location prior to logging operations now commenced - Investigation location

3 Method Used CTRF-WSF Ecotone/-1 mapping (ECOTONE_-1_10m) Following the directions set out in A Field Guide to Rainforest Identification in Victoria: Differential species keys for the delineation of rainforest boundaries 1, in particular the section dealing with Central Highlands North-west Cool Temperate Forest Floristic Field Identification Key, species listed as either Differential Species for Central Highlands Cool Temperate Rainforest (CTRF) or species listed as Differential Species for Central Highlands Wet Sclerophyll Forest (WSF) were searched for on the topographical contour at the locations labeled in "green" in the Results section below. Rainforest inspection was begun at the location given in Table 1. as "YDDRFS02". This location was searched for CTRF differential species from the center of the rainforest stand which was the center of Yellowdindi Creek. From this location the ecotone was identified between the rainforest and sclerophyll forest towards the north-east edge of the rainforest stand using the differential species approach; i.e. where there was an even ratio of sclerophyll and rainforest differential species present (i.e. 4/4; 1/1 ratio of differential species), or at least one more rainforest differential species, (i.e. 3 sclerophyll forest species and 4 rainforest species present), thus mapping a line closer towards the rainforest side of the ecotone than the sclerophyll forest. This method was repeatedly applied to determine the ecotone between the CTRF and WSF communities whilst traversing the ecotone in a north-westerly and then northerly direction advancing towards Yellowdindi Road. This approach is required to be employed by the Management Procedures for timber harvesting, roading and regeneration in Victoria's State forests 2009,2 Section 1.4.6(c). This rainforest extent path was recorded as waypoints on a GPS, usually at a distance of less than 10m, and is displayed in the following Results section [Table 1 and Figure 1]. 1 Cameron, David, A Field Guide to Rainforest Identification in Victoria: Differential species keys for the delineation of rainforest boundaries, Victorian Government Department of Sustainability and Environment, Melbourne, Management Procedures for timber harvesting, roading and regeneration in Victoria's State forests 2009, Victorian Government Department of Sustainability and Environment, Melbourne, October 2009

4 Results - 1 The following differential species were included in the ecotone discovered on site. Table A. Differential species participating in the ecotone at this location: Abbreviation Ab Am Bc Bf Bm Ca Cl Cv Ha Hh Gb Le Mp Op Pb Pe Pl Ps Tb Za Botanical Name Asplenium bulbiferum Atherosperma moschatum Blechnum chambersii Blechnum fluviatile Billardiera macrantha Cassinia aculeata Correa lawrenceana Crepidomanes venosum Hymenophyllum australe Hydrocotyle hirta Grammitis billardierei Lepidosperma elatius Microsorum pustulatum Olearia phlogopappa Parsonsia brownii Pteridium esculentum Prostanthera lasianthos Polyscias sambucifolia Todea barbara Zieria arborescens Common Name Mother Spleenwort Southern Sassafras Lance Water-fern Ray Water-fern Purple Apple-berry Common Cassinia Mountain Correa Veined Bristle-fern Austral Filmy-fern Hairy Pennywort Common Finger-fern Tall Sword Sedge Kangaroo Fern Dusty Daisy-bush Twining Silkpod Austral Braken Victoian Christmas Bush Elderberry Panax Austral King-fern Stinkwood Differential Species for CH Cool Temperate Rainforest Differential Species for CH Wet Sclerophyll Forest

5 Results - 2 The following table lists all location data recorded on site. Table 1. All location data recorded on site. Key Guide Investigation / Rainforest-Sclerophyll Ecotone Way point Symbol Co-ordinates Elev. Coupe Demarcation (Blue Tape) / Logging Activity Way point Symbol Co-ordinates Elev. YDD - Key 55 H m RFS0 Guide 2 Investigatio n Location Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m

6 604 - Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Demarcation Tape 55 H m Ecotone 55 H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m

7 647 - Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m

8 Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m Ecotone 55 H m H m H m H m H m H m H m H m H m H m Oil Drums 55 H m

9 Results - 3 Figure 1(a) [north]. Key Guide Investigations in coupe (approximate extent) YELL OW D INDI ROAD Log landing location REST AINFO AT E R EMPER T COOL ICAL L OG O C E R UFFE ST B E R FO RAIN

10 Figure 1(b) [south]. Key Guide Investigations in coupe OL EC O L CA I G F IN A R T ES R O F BU R FE L O CO M TE P E AT R E IN RA ST RE FO

11 Discussion Table 1. Rainforest and logging activity data was collected from only a select area of the coupe and the rainforest stand. Neither entire coupe boundaries nor all logging activities within ecological rainforest buffer areas, or the full extent of the rainforest in the area have been recorded and displayed in this table or the subsequent map. See Figure A. and Figure 1. for a coupe/study location context. Figure 1. The map presented in Figure 1. (broken in to two connecting parts; 1(a) and 1(b)) shows the rainforest extent line in green symbols, and the proximity of the nearest logging activity discovered at the time in red symbols (usually a bulldozer track or felled tree). The red flags indicate the coupe boundary as marked out using blue flagging tape by VicForests. The black circles mapped over this data is a radiation from the mapped rainforest extent and demonstrates where the relevant mandatory rainforest buffers should have been placed and where they have subsequently been breached or intended to be breached if the coupe were logged to its scheduled extent. The blue line additionally plotted on this map further indicates where the ecological rainforest buffers must minimally extend to throughout this study location. Rainforest stands present at the site (in and around the scheduled coupe boundary) exceed the minimum area for recognition and protection of 0.1ha as defined in Appendix 1 to the relevant FFGA Action Statement #238 (See Appendix A to this report). Conclusions/Recommendations 1. The rainforest stand in the gully under investigation exceeds 0.4ha. 2. The blue line; "Mandatory Ecological Rainforest Buffer" is plotted at a distance of upslope from the plotted "Ecotone" shown in green. 3. The distance between the green and blue lines is thus the " ecological rainforest buffer" within which all logging activity should be absent. 4. Coupe demarcation tapes have been recorded within the ecological rainforest buffer constituting a breach by VicForests of the relevant rainforest regulation prescriptions 5. Logging activity has been recorded within the ecological rainforest buffer constituting a breach by the logging contractors operating in coupe of the relevant rainforest protection prescriptions. 6. Logging operations are ongoing within the coupe. 7. If the coupe continues to be logged to the boundaries as marked out by VicForests the regulatory framework governing all forestry operations in Victoria's State Forest will further be breached. 8. The Department of Sustainability and Environment must act to halt the contractors working in from further logging in areas required for the "ecological rainforest buffer". 9. The Department must ensure VicForests ceases marking out and instructing logging contractors to destroy and remove areas of Victorian State Forest which are not allocated for logging. 10. The Department must hold each of the participating organisations accountable for breaching all relevant legislation governing forestry operations on public land.

12 APPENDIX A Exert from: Flora and Fauna Guarantee Act (1998) Action Statement #238 Cool Temperate Rainforest [et. al.], Victorian Government Department of Sustainability and Environment, Melbourne, June 2009, pages 19 and 20.

13 APPENDIX A (continued)

14 YELL OWD INDI ROAD COOL REST RAINFO RATE TEMPE APPENDIX B Figure 2. Overview of study location Log landing location (approximate extent) L ECO O AINF AL R OGIC BU REST FFER OL EC AL IC OG FO IN RA ST RE FF BU ER CO O L M TE PE TE RA IN RA FO R T ES

15 APPENDIX C Figure 2. Rainforest - Sclerophyll forest ecotone b/w Waypoint 576 and 577. Differential species in image: Parsonsia brownii (Twining Silkpod) and Atherosperma moschatum (Southern Sassafras) Figure 3. Logging activity within and at edge of ecological rainforest buffer. Note oil drums within buffer at 37m from wp576.

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