NOLAN'S GULLY #1 (Blowhard Road)

Transcription

1 NOLAN'S GULLY # (Blowhard Road) INVESTIGATION REPORT Investigation into VicForests' Compliance with Leadbeater's Possum (Gymnobelideus leadbeateri) Habitat Management Prescriptions Abstract VicForests scheduled and now active logging coupe was investigated to determine planning and operational compliance with the relevant instruments of the regulatory framework designed to provide minimum protection for the habitat of the endangered Leadbeater's Possum (LBP). The instruments assessed for compliance were the Central Highlands Forest Management Plan's Leadbeater's Possum Managaement Prescriptions and The Flora and Fauna Guarantee Act 88 Action Statement for Leadbeater's Possum #06. The present investigation was undertaken in the context of an ongoing Victorian Supreme Court case, MyEnvironment Inc. v VicForest, whose judgment is currently in an appeal process. The subject matter is a debate over the very criteria to be used to asses forest planning and operational compliance with the LBP's management prescriptions. In addition, it is understood that the regulatory instruments themselves are to be reviewed and updated and may themselves be altered. As such, the results of this report are presented so as to be interpreted under various possible scenarios concerning the debated interpretations of and/or reviews of the relevant assessment criteria. This investigation concludes that VicForests have tapped out scheduled coupe in contravention of the relevant legislation and will breach their obligations under both the Central Highlands Forest Management Plan and the Flora and Fauna Guarantee Act (FFGA) if they proceed to log coupe as is indicated by their coupe demarcation activities. The criteria for assessment used, methodology employed and the results of the investigation are detailed below. Surveyor/Author Andrew Lincoln Fauna and Flora Research Collective Inc. Date of Investigations 08//0; //; 4//; 8// Date of report //0

2 Location details Within and adjacent to VicForests scheduled and tapped out logging coupe between Nolan's Road and Blowhard Road in the Toolangi State Forest. Figure A. Detail from: "Approved TRP Map (with all amendments applied) Central FMA, Toolangi, (0 06)", VicForests, October 0 * Investigation location at center of image.

3 Method Zone A Hollow bearing trees ("HBT's") are the basis for the management prescriptions designed to provide some protection for the actual or potential habitat required by the Leadbeater's Possum. This investigation considers all HBT's (trees that contain hollows/cavities) encountered within the survey site that were of the species Eucalyptus regnans and likely to be considered as at least in the mature growth stage. Each eucalyptus tree encountered was first inspected for the presence of hollows using binoculars; estimated to be greater than 6.00m in height; measured at.30m above ground level around the trunk of the tree using a tape measure in order to measure the circumference and corresponding DBH measurement for each tree in order to ascertain that the tree under inspection was greater than 0.50m DBH. Every tree meeting these requirements was given a unique ID corresponding to the study site; assigned a "Waypoint" using a "Garmin GPSMAP 6s" GPS at an accuracy minimum of 0m+/ in the position format GDA 4,UTM UPS; inspected to determine its species; assessed as to the "form" of the tree corresponding to the methodology for "classification of forms of hollowbearing trees" of Lindenmayer et. al. 3; analysed as to the form of the hollows present on the tree; assessed against the tree growth stages schema of Jacobs (55); marked with "flagging tape" containing its unique ID; and finally photographed at its base and upper branches. All of these details were noted and recorded on site. Investigations at the site begun at various locations on each of the listed investigation dates within and adjacent to the area of forest scheduled as VicForests clear felling coupe From these points the forest was searched for HBT's following the methodology described above. As each HBT was inspected and recorded the forest was searched for further HBT's and advanced towards with the above process repeated for each. By noting the topographic and other site characteristics, compass bearing and GPS "waypoint" proximity data, the area delineated in the "Study Location" section of this report was investigated in this manner until all potential HBT's meeting the relevant criteria were investigated and recorded. Once the above process was completed the HBT location data recorded on site was later imputed into the "Garmin BaseCamp v " GPS mapping program. Each HBT record was assessed against the varying criteria generative of management prescriptions under either the Central Highlands Forest Management Plan or the FFGA Action Statement #06 for the Leadbeater's Possum. Data from each HBT were imputed into separate spreadsheets depending on their relevance for meeting each of the management prescriptions, and the tables and corresponding maps presented in the results section of this report were generated. Zone B investigations were not considered for this report. Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, Lindenmayer, D. B., et. al.,"characteristics of hollowbearing trees occupied by arboreal marsupials in the montane ash forests of the Central Highlands of Victoria, southeast Australia", Forest Ecology and Management, Elsevier Science Publishers, Amsterdam,, v40, p.

4 Method (continued) "First criterion for inclusion" used in this report: Flora and Fauna Guarantee Act Action Statement for Leadbeater's Possum # Flora and Fauna Guarantee Action Statement, Leadbeater's Possum, Gymnobelideus leadbeateri #06, Department of Sustainability and Environment, Melbourne, 003, p. 56

5 Method (continued) "Second criterion for inclusion" used in this report: Central Highlands Forest Management Plan Leadbeater's Possum Mangaement Prescriptions 5 5 Forest Management Plan for the Central Highlands, Department of Natural Resources and Environment, 8, p3

6 Results (HBT data from coupe ) #SEE ATTACHED APPENDIX A (Parts 4) FOR HBT PHOTOGRAPHS All HBT's recorded within the study location In total there were 07 HBT's recorded within the study location. NB: A further 5 Stags (dead eucalypt trees) were recorded on site and are listed with location details in the following table and the subsequent maps but are not included as HBT's. Table. All Hollow Bearing Trees (dead and alive) recorded during survey [Part/5]. All coordinates in GDA 4/UTM UPS. HBT Tre e ID/ Waypoint Location/GPS GPS Coordinates +/ Specie s NG00 55 H NG00 55 H Circum ference at.3m Form (m ) DBH (m ).3.7 NG H NG H NG H NG H NG H NG00 55 H H NG00 55 H NG0 55 H NG0 55 H NG03 55 H NG04 55 H NG008 NG07 55 H H H NG08 55 H NG0 55 H NG05 NG06 Hollow s Type / De scription Large hollow s;, Hollow spouts, Basal fire Large hollow s;, Hollow spouts, Basal fire Hollow spouts, Hollow spouts, Hollow spouts, Hollow spouts, Hollow spouts, Hollow spouts, Hollow spouts, Hollow spouts, Hollow spouts, Hollow spouts, Large hollow s; Large hollow s; Further inform ation recorded As hton AGE SUM Ashton Age log(y) = Class.0 Dete rm in log(x) ation (ye ars ) Jacobs (55) Low Branching, Irregular Crow n, Major Scars 63 J5 (Senescent) Low Branching, Irregular Crow n, Major Scars 50 J5 (Senescent) Low Branching, Irregular Crow n 33 J3 ( Low Branching, Irregular Crow n 7 J3 ( Irregular Crow n, Major Scars 80 J3 ( Low Branching, Irregular Crow n 75 J3 ( Not 33 J3 ( J3 ( J3 ( 64 J3 ( 6 J3 ( 64 J3 ( 84 J3 ( 66 J3 ( 37 5 Not 33 J3 ( J3 ( J3 ( 00 J4 ( Older) ; Major Scars 68 Multiple leading stems, Irregular crow n Low Branching, Irregular Crow n Low Branching, Irregular Crow n Multiple leading stems, Irregular crow n Multiple leading stems, Irregular crow n Multiple leading stems, Irregular crow n Multiple leading stems, Irregular crow n Multiple leading stems, Irregular crow n

7 Results (continued) Table (continued). All Hollow Bearing Trees (dead and alive) recorded during survey [Part/5]. All coordinates in GDA 4/UTM UPS. HBT Tre e ID/ Waypoint Location/GPS GPS Coordinate s +/ Spe cie s 55 H NG H NG NG08 55 H H H H H H H NG0 55 H NG0 NG03 NG04 NG05 NG06 NG07 NG030 NG03 NG03 55 H H H Circum fere nce at.3m Form (m ) DBH (m ) Not J3 ( Hollow spouts 4 J3 ( Large hollow s; Hollow spouts, Basal f ire Large hollow s;, Hollow spouts, J3 ( NG H NG NG044 8 NG H H H H NG036 NG04.54 NG04 J5 (Senescent) J3 ( J3 ( J3 ( J3 ( J3 ( J3 ( H H NG040.7 NG H H H H NG038 NG H J3 ( 5 NG034 NG037 Large hollow s; Hollow spouts, Large hollow s; 55 H H NG033 Hollow s Type / De s cription As hton As hton AGE Age SUM log(y) = Furthe r Clas s inform ation De te rm in.0 re corde d ation log(x) Jacobs (55) ; J3 ( Major Scars Large hollow s;, Hollow spouts, Large hollow s;, Hollow spouts,

8 Results (continued) Table (continued). All Hollow Bearing Trees (dead and alive) recorded during survey [Part3/5]. All coordinates in GDA 4/UTM UPS. HBT Tre e ID/ Waypoint NG047 NG048 NG04 NG050 NG05 NG05 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG060 NG06 NG06 NG063 NG064 NG065 NG066 NG067 NG068 NG06 NG070 NG07 NG07 NG073 NG074 NG075 NG076 NG077 Location/GPS GPS Coordinate s +/ Spe cie s 55 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H Circum fere nce at.3m Form (m ) DBH (m ) Hollow s Type / De s cription Furthe r inform ation re corde d As hton As hton AGE Age SUM log(y) = Clas s Dete rm in.0 ation log(x) Jacobs (55) Not 6 J3 ( Large hollow s; Hollow spouts, Basal f ire J3 ( Not Not Hollow s on trunk J3 ( J3 ( J3 ( Hollow s on trunk 38 J5 (Senescent) J3 ( Not 3 J3 ( J3 (

9 Results (continued) Table (continued). All Hollow Bearing Trees (dead and alive) recorded during survey [Part4/5]. All coordinates in GDA 4/UTM UPS. HBT Tre e ID/ Waypoint Location/GPS GPS Coordinate s +/ Spe cie s NG H H NG08 55 H NG07 NG H H NG H NG08 NG085 NG H H Circum fe re nce at.3m Form (m ) DBH (m ) Hollow s Type / De s cription Furthe r inform ation re corde d Multiple leading stems, Irregular crow n J3 ( 08 J3 ( Not 0 J3 ( Not 3 J3 ( NG H H NG08 55 H NG00 55 H Hollow s on trunk NG0 55 H Hollow s on trunk NG087 NG0 NG03 NG04 NG05 55 H H H H NG07 55 H H NG08 55 H NG06 NG H H NG0 55 H NG0 NG03 55 H H NG04 55 H NG0 NG06 55 H H NG07 55 H NG05 As hton As hton AGE SUM Age Clas s log(y) = De te rm in.0 ation log(x) Jacobs (55) Multiple leading stems, Irregular crow n Multiple leading stems, Irregular crow n Multiple leading stems, Irregular crow n J3 ( J3 ( Not 3 J3 ( Multiple leading stems, Irregular crow n J3 ( J3 ( Not J3 ( Not 33 J3 ( Not Fissures; Dead Top J5 (Senescent) J4 ( Older) J3 ( J3 ( Not 30 J3 ( Hollow s on trunk 45 J3 (

10 Results (continued) Table (continued). All Hollow Bearing Trees (dead and alive) recorded during survey [Part5/5]. All coordinates in GDA 4/UTM UPS. HBT Tre e ID/ Waypoint Location/GPS GPS Coordinate s +/ Spe cie s 55 H H H H H H H H H H H H H H H H H H H H H H H H H Circum fere nce at.3m Form (m ) DBH (m ) Hollow s Type / De s cription Furthe r inform ation re corde d As hton As hton AGE SUM Age Clas s log(y) =.0 Dete rm in ation log(x) Jacobs (55)

11 Results (continued) Table. All Hollow Bearing Trees (dead and alive) recorded during survey are included in Figures 3. Each map within these figures contains a unique set of HBT's. The following Table. demonstrates which HBT's are included in the generation of each map for Figures 3. No Figure (a,b); Figure All 07 HBT's) See Table. Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure Figure 0 Figure Figure Figure 3 NG00 NG00 NG003 NG004 NG005 NG006 NG007 NG00 NG0 NG0 NG03 NG04 NG05 NG06 NG07 NG03 NG04 NG05 NG06 NG07 NG08 NG0 NG03 NG040 NG04 NG04 NG043 NG044 NG045 NG046 NG047 NG048 NG04 NG050 NG05 NG05 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG060 NG06 NG06 NG063 NG064 NG065 NG066 NG067 NG068 NG06 NG070 NG07 NG07 NG073 NG074 NG075 NG076 NG077 NG078 NG07 NG080 NG08 NG08 NG083 NG084 NG05 NG07 NG008 NG00 NG07 NG030 NG03 NG03 NG033 NG034 NG035 NG036 NG037 NG038 NG03 NG040 NG04 NG04 NG043 NG044 NG045 NG046 NG047 NG048 NG04 NG050 NG05 NG05 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG060 NG06 NG06 NG088 NG08 NG00 NG0 NG0 NG03 NG04 NG05 NG06 NG07 NG08 NG0 NG000 NG0 NG0 NG03 NG04 NG05 NG06 NG008 NG00 NG07 NG030 NG03 NG03 NG033 NG034 NG035 NG036 NG037 NG038 NG03 NG040 NG04 NG04 NG043 NG044 NG045 NG046 NG047 NG048 NG04 NG050 NG05 NG05 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG060 NG06 NG06 NG063 NG064 NG065 NG066 NG085 NG086 NG087 NG088 NG08 NG00 NG0 NG04 NG05 NG0 NG0 NG03 NG04 NG05 NG06 NG00 NG00 NG003 NG004 NG005 NG006 NG00 NG0 NG0 NG03 NG04 NG06 NG00 NG0 NG0 NG03 NG05 NG07 NG08 NG0 NG06 NG06 NG063 NG064 NG065 NG066 NG06 NG070 NG07 NG073 NG074 NG075 NG077 NG078 NG07 NG080 NG08 NG08 NG084 NG07 NG00 NG00 NG003 NG004 NG005 NG006 NG007 NG00 NG0 NG0 NG03 NG04 NG05 NG06 NG07 NG08 NG00 NG03 NG04 NG05 NG06 NG08 NG0 NG063 NG067 NG068 NG06 NG070 NG07 NG07 NG073 NG074 NG075 NG076 NG077 NG084 NG07 NG00 NG00 NG003 NG004 NG005 NG006 NG008 NG00 NG00 NG0 NG0 NG03 NG04 NG06 NG00 NG0 NG0 NG03 NG05 NG07 NG08 NG0 NG03 NG033 NG034 NG035 NG036 NG037 NG038 NG03 NG040 NG04 NG04 NG043 NG044 NG045 NG046 NG047 NG048 NG04 NG050 NG05 NG05 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG06 NG06 NG063 NG064 NG065 NG066 NG06 NG070 NG07 NG073 NG074 NG075 NG077 NG078 NG07 NG080 NG08 NG08 NG084 NG086 NG087 NG088 NG08 NG05 NG06 NG07 NG0 NG05 NG06 NG07 NG00 NG00 NG003 NG004 NG005 NG006 NG00 NG00 NG0 NG0 NG03 NG04 NG06 NG08 NG0 NG0 NG03 NG05 NG07 NG0 NG030 NG03 NG033 NG034 NG036 NG037 NG038 NG03 NG040 NG04 NG04 NG043 NG044 NG045 NG046 NG047 NG048 NG04 NG050 NG05 NG05 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG06 NG06 NG063 NG064 NG065 NG066 NG070 NG07 NG073 NG074 NG077 NG078 NG07 NG080 NG08 NG08 NG083 NG084 NG085 NG086 NG087 NG088 NG08 NG0 NG06 NG07 NG003 NG004 NG005 NG006 NG00 NG0 NG0 NG03 NG04 NG06 NG08 NG05 NG07 NG00 NG03 NG033 NG034 NG036 NG037 NG038 NG03 NG046 NG047 NG048 NG088 NG08 NG00 NG00 NG0 NG0 NG030 NG03 NG033 NG034 NG036 NG037 NG038 NG03 NG040 NG04 NG04 NG043 NG044 NG045 NG046 NG047 NG048 NG04 NG050 NG05 NG05 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG06 NG06 NG063 NG065 NG066 NG070 NG07 NG073 NG074 NG077 NG078 NG07 NG080 NG08 NG08 NG083 NG084 NG085 NG086 NG087 NG06 NG07 NG00 NG00 NG0 NG0 NG038 NG03 NG040 NG04 NG04 NG043 NG044 NG045 NG046 NG047 NG048 NG053 NG054 NG055 NG056 NG057 NG058 NG05 NG06 NG06 NG063 NG065 NG066 NG070 NG07 NG073 NG074 NG077 NG078 NG07 NG080 NG08 NG08 NG083 NG084 NG07

12 Results (continued) Figure. All 07 Hollow Bearing Trees recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 6.75ha representing a HBT density of 4 per hectare for 07 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe This area is 5.4ha. The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure (a) displays this data as generated in the Garmin mapping program. Figure (b) displays this data as generated in the Garmin mapping program and overlayed on satellite imagery. Figure (a).

13 Results (continued) Figure (b).

14 Results Figure. All 07 Hollow Bearing Trees recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 5ha representing a HBT density of >4 per hectare for 07 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure displays this data as generated in the Garmin mapping program. Results 3 Figure Hollow Bearing Trees recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 7.5ha representing a HBT density of 4 per hectare for 70 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 3 displays this data as generated in the Garmin mapping program.

15 Results 4 Figure Hollow Bearing Trees recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 3.75ha representing a HBT density of 4 per hectare for 55 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 4 displays this data as generated in the Garmin mapping program. Results 5 Figure Hollow Bearing Trees recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 3.75ha representing a HBT density of 4 per hectare for 55 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 5 displays this data as generated in the Garmin mapping program.

16 Results 6 Figure Hollow Bearing Trees recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 0ha representing a HBT density of 4 per hectare for 40 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 6 displays this data as generated in the Garmin mapping program. Results 7 Figure Hollow Bearing Trees recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is.5ha representing a HBT density of 4 per hectare for 37 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 7 displays this data as generated in the Garmin mapping program.

17 Results 8 Figure Hollow Bearing Trees with a DBH >.80m recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 0ha representing a HBT density of 4 per hectare for 80 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 8 displays this data as generated in the Garmin mapping program. Results Figure. 74 Hollow Bearing Trees with a DBH >.80m recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 8.5ha representing a HBT density of 4 per hectare for 74 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure displays this data as generated in the Garmin mapping program.

18 Results 0 Figure 0. 3 Hollow Bearing Trees with a DBH >.80m recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 3.ha representing a HBT density of 4. per hectare for 3 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 0 displays this data as generated in the Garmin mapping program. Results Figure. 3 Hollow Bearing Trees with a DBH >.80m recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 3.ha representing a HBT density of 4. per hectare for 3 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure displays this data as generated in the Garmin mapping program.

19 Results Figure. 54 Hollow Bearing Trees with a DBH >.80m and classified as J5 as recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 3.5ha representing a HBT density of 4 per hectare for 54 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure displays this data as generated in the Garmin mapping program. Results 3 Figure Hollow Bearing Trees with a DBH >.80m and classified as J5 as recorded during survey, as listed in Table. are displayed on the following map. Each HBT is represented by a Tree symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table. The total area contained within the measured yellow line is 0ha representing a HBT density of 4 per hectare for 40 (living) trees included in the polygon generation. The red polygon delineates the area scheduled as coupe (5.4ha) The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 3 displays this data as generated in the Garmin mapping program.

20 Results 4 Figure 4. Total area tapped out to be logged that this report identifies as LBP ZA habitat and thus required for the SPZ reserve. The blue polygon shows an area of 7.ha that covers all the areas contained within the yellow polygons of Figures 3 and that are also within the pink line. This area of forestwill be cleared if the coupe is logged as intended. The red polygon delineates the area scheduled as coupe This area is 5.4ha. The pink line shows VicForests coupe demarcation tapes indicating that the forest will be cleared within this line. (Approximately 5.7ha) Figure 4(a) displays this data as generated in the Garmin mapping program with satellite imagery and without HBT WP locations indicated. Figure 4(b) displays this data as generated in the Garmin mapping program with satellite imagery and HBT WP locations indicated. Figure 4(a) Figure 4(b)

21 Discussion Results Flora and Fauna Guarantee Act Action Statement for Leadbeater's Possum #06 ZONE A The first dot point for FFGA Zone A classification The "First criterion for inclusion" followed in this investigation requires that; "mature ash forest (>0 years old) and mixed aged ash forest where the oldest age class is mature (>0 years old)" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). Additional criterion; "the minimum area for assessment and establishment of Zone A type forest shall be 3 hectares." The data presented in Table. and Figure. indicate that the forest type within the area under investigation is mixed aged asheucalypt forest. Within the 6.75 hectare area presented in Figure. ( yellow polygon there are 07 HBT's of varying size ranging from a Eucalyptus regnans indivdual at.m DBH to a Eucalyptus regnans indivdual at 3.80m DBH and includes both living and dead as well as younger and older HBT's. In Justice Osborne's Judgment in MyEnvironment Inc. vs VicForests in the Victorian Supreme Court 4 March 0 His Honour at Paragraph 77 refers to "Smith and Lindenmayer, Tree Hollow Requirements of Leadbeater s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands (88)"6 and in particular its reference to the "Ashton (76)"7 publication of Eucalyptus regnans tree age as determined by DBH measurements accompanied by its corresponding caution: 8 In 75 Ashton, D. H. published the following table indicating a correlation between DBH measurements and age classification: 6 Smith and Lindenmayer, Tree Hollow Requirements of Leadbeater s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands (88) 5 Australian Wildlife Research Ashton, D. H., "The Development of Evenaged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 76, 4, ibid., p. 40 Ashton, D. H., "The Root and Shoot Development of Eucalyptus regnans F. Muell", Australian Journal of Botany, 75, 3, p. 868

22 If the "criterion for inclusion" under consideration here is for "mixed aged ash forest where the oldest age class is mature (>0 years old)" then it must be considered whether the oldest age class within the study location is ">0 years old". Of the 07 HBT's recorded at the study location 3 of these had a DBH greater than.5m and 37 of these with a DBH greater than.50m. According to Ashton (75) Eucalyptus regnans trees with a DBH between.50m and.50m are considered to be "" and between years old. 3 recorded HBT's under investigation are "" and within the ageclass " years". Using the equation indicating a relationship between DBH and age given in Ashton (76), logy =.0 logx where y is the DBH (cm) and x the age in years0 the minimum age of 3 trees considered under this criterion given a DBH of.50m is 36 years. The oldest age class in this forest type is thus "mature (>0 years old)" and exists in an area greater than 3 hectares. The study location indicated in Figure. and all possible polygons generated from the data in Table. must be included in the SPZ under this criterion. The second dot point for FFGA Zone A classification The "Second criterion for inclusion" followed in this investigation requires that; "regrowth ash forest with at least live hollow bearing trees per 3 ha" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). Additional criterion; "the minimum area for assessment and establishment of Zone A type forest shall be 3 hectares." The data presented in Table. and in its corresponding Figure. within the yellow polygon displays an area of forest of 6.75 hectares present within and adjacent to the subject scheduled coupe and contains 07 living HBT's. 07 living HBT's over 6.75 hectares equates to a living HBT density 4 livinghbt's/ha which is that which is required under the present criterion ( livinghbt's/3ha equating to 4 livinghbt's/ha). At least live hollow bearing trees per 3 ha exist within the study location for this criterion. The area indicated in Figure. and all possible polygons >3ha generated from the data in Table. (excluding the dead stags) must be included in the SPZ under this criterion. 0 Ashton, D. H., "The Development of Evenaged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 76, 4, 3744, p. 40

23 Results (Continued) Central Highlands Forest Management Plan Leadbeater's Possum Management Prescriptions CH FMP ZONE A interpretation The "Third criterion for inclusion" followed in this investigation requires that; "> Living trees of the species Mountain Ash, Alpine Ash or Shining Gum containing hollows per 3 ha in patches greater than 3 ha" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). Additional criterion; considered in this investigation is that each of the HBT's considered under this "Third criterion for inclusion" be "mature and/or senescent". The data presented in Table. and it corresponding Figures a and b. display areas of forest of 6.75 (the yellow polygons ) that contains 07 living HBT's of the species Eucalyptus regnans within and/or adjacent to the scheduled logging coupe under consideration in this report. 07 living Eucalyptus regnans HBT's over 6.75 hectares equates to a density of 4 livingeucalyptus regnanshbt's/ha which is that which is required under the present criterion (> livingeucalyptus regnanshbt's/3ha equating to 4 livingeucalyptus regnanshbt's/ha). Ashton (75) As already explained in the "discussion section" of this report, Ashton (75) considers trees of DBH.50m to be "". 3 of the 07 livingeucalyptus regnanshbt's in Results. have DBH measurements.50m indicating that they are mature. The remaining livingeucalyptus regnanshbt's included in each of the Results. and Results. sections of this report which are less than.50m DBH (to a minimum of.43m DBH) are addressed as follows: Jacobs (55) In Justice Osborne's Judgment in MyEnvironment Inc. vs VicForests in the Victorian Supreme Court 4 March 0 His Honour at Paragraph 46 addresses the complicated nature of characterising and identifying both "maturity" and "senescence": 46 It was submitted on behalf of MyEnvironment that the terms mature and senescing were so uncertain as to be meaningless. Whilst I accept that the evidence shows that a mature tree might be over 00 years old or might only be 0 years old, I do not accept this submission. It is apparent that the terms mature and senescing have a meaning well understood by foresters, which accords with that articulated by Jacobs in the 55 publication to which the FMP itself refers. Further, they are terms deliberately adopted in the earlier section of the FMP which utilises them for the classification of forest stages. Mr Ryan reproduced in evidence Jacob s classification. The classification is based upon the form of the crown of the tree assessed. He explained that the illustration was originally prepared with respect to Blackbutt eucalyptus pilularis. I accept that the terms are capable of ready practical application on the ground. Osborne J acknowledges that trees younger than those in the age class "00300years" designated by Ashton (75) may be "mature" due to varying interpretations of "maturity" but that given the LBP habitat prescriptions are designed not for scientists but for foresters a general interpretation of maturity based on an even more subjective view of each HBT's "crown form" was favoured. All of the 07 livingeucalyptus regnanshbt's recorded were assessed against the schemtaic Mr Spencer s evidence is that in practice VicForests applies this standard conservatively and treats the standard as being met where there are 0 mature or senescing trees per 3 hectares.

24 diagram of Jacobs (55) and were found to conform to at least the third stage ( J3 ) which aims to represent (younger) trees. See the following diagram: All of the 07 livingeucalyptus regnanshbt's recorded are thus classified as mature'' (See Table. Further information recorded sections and Appendix A HBT photogrpahs for further detail). Maturity (General) An alternative interpretation of "maturity" could simply be the ability to reproduce sexually which would be readily identifiable by the presence of flowers, buds or fruit or an understating of the growth stage and/or age class when Eucalyptus trees become sexually mature. All HBT's recorded in the course of this investigation had reached the stage of sexual maturity. I. R. Ball et. al. in "A tree hollow dynamics simulation model" considers the questions of "maturity" and "senescing" with again another interpretation. This paper defines any tree characterised as "Form " ("mature living tree with hollows")3 or above as "senescing" due to development in its degree of decay. "Form 0" in this report is the only growth stage that classifies trees as neither mature nor senescing. "Form 0" trees do not contain hollows. By implication all HBT's of any age class or DBH are prima facie considered to be both "mature and/or senescing". All HBT's recorded in the course of this investigation are of "Form " or a greater form of senescence and under this interpretation are "mature and/or senescing". Ashton (76) In addition Ball et. al. reiterate precaution in the use of DBH measurements as an indicator of age class by stipulating that the sum published by Ashton (76) (and republished in this report as "Y = X.0", where Y is the DBH and X the age in years) relates to the age class "before decay begins".4 I.R. Ball et al., "A tree hollow dynamics simulation model", Forest Ecology and Management 3 () 74 3 ibid. p. 8 4 ibid. p. 8

25 Using this equation, "Y = X.0", where Y is the DBH(cm) and X the age in years 5, the minimum age of trees considered under this criterion given a DBH of.m is 0 years. tree was recorded at this DBH size. All other trees recorded were.3m DBH equating to an age of 0 years. Maturity (Summary) All 07 living Eucalytpus regnans HBT's with a DBH greater than.50m or that conform to J3 (or greater) of Jacobs (55) as displayed in Table. and mapped in Figures a and b are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in a configuration of >4 HBT's per 3ha over an area >3ha. The areas indicated in Figures a and b. and all possible polygons >3ha generated from the data in Table. must be included in the SPZ under this criterion. Results 7 The figures contained within Results 7 are additional maps generated using various combinations of the 07 HBT's listed in Table. and Table. All the yellow polygons within figures 7 display areas of forest with mature (using the above criterion) HBT densities of 4/ha and are areas greater than 3.ha. The areas indicated in Figures 7 and all possible polygons >3ha generated from the relevant data in Table. and Table. must be included in the SPZ under this criterion. 5 ibid. p. 8

26 Results 8 (HBT's.80m DBH) Central Highlands Forest Management Plan Leadbeater's Possum Management Prescriptions CH FMP ZONE A interpretation The "Third criterion for inclusion" followed in this investigation requires that; "> Living trees of the species Mountain Ash, Alpine Ash or Shining Gum containing hollows per 3 ha in patches greater than 3 ha" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). Additional criterion; considered in this investigation is that each of the HBT's considered under this "Third criterion for inclusion" be "mature and/or senescent". The areas within the yellow polygons presented in Figures 8. (generated from the relevant data in Table. and Table.) display areas of forest of. hectares that contains living HBT's of the species Eucalyptus regnans within and/or adjacent to the scheduled logging coupe under consideration in this report. 3 living Eucalyptus regnans HBT's over 3. hectares equates to a density > 4. livingeucalyptus regnanshbt's/ha which is that which is required under the present criterion (> livingeucalyptus regnanshbt's/3ha equating to 4. livingeucalyptus regnanshbt's/ha). Each of the living Eucalyptus regnans HBT's within these polygons have DBH measurements equal to or greater than.80m and conform to J3 (or greater) of Jacobs (55). All the living Eucalytpus regnans HBT's with a DBH greater than.80m as presented in Figures 8. (generated from the relevant data in Table. and Table.) are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" (see this report's ''Results '' section) and are arranged in a configuration of >4. HBT's per 3ha over an area >3ha. The area indicated in Figure 8. and all possible polygons >3ha generated from the relevant data in Table. and Table. must be included in the SPZ under this criterion. Figure D: The following image shows 3 of the 53 HBT's recorded within this investigation. The area shown is part of the green polygon generated for Figure d. The forest surrounding these trees has been cleared and burnt. The trees in the background are regrowth within an adjacent and previously logged coupe.

27 Results 3 (HBT's.80m DBH and J5 Senescent (Jacobs 55)) Central Highlands Forest Management Plan Leadbeater's Possum Management Prescriptions CH FMP ZONE A interpretation The "Third criterion for inclusion" followed in this investigation requires that; "> Living trees of the species Mountain Ash, Alpine Ash or Shining Gum containing hollows per 3 ha in patches greater than 3 ha" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). Additional criterion; considered in this investigation is that each of the HBT's considered under this "Third criterion for inclusion" be "mature and/or senescent". The areas within the yellow polygons presented in Figures 3. (generated from the relevant data in Table. and Table.) display areas of forest of. hectares that contains living HBT's of the species Eucalyptus regnans within and/or adjacent to the scheduled logging coupe under consideration in this report. 3 living Eucalyptus regnans HBT's over 3. hectares equates to a density > 4. livingeucalyptus regnanshbt's/ha which is that which is required under the present criterion (> livingeucalyptus regnanshbt's/3ha equating to 4. livingeucalyptus regnanshbt's/ha). Each of the living Eucalyptus regnans HBT's within these polygons have DBH measurements equal to or greater than.80m and conform to J5 (or greater) of Jacobs (55). All the living Eucalytpus regnans HBT's with a DBH greater than.80m as presented in Figures 3. (generated from the relevant data in Table. and Table.) are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" (see this report's ''Results '' section) and are arranged in a configuration of >4. HBT's per 3ha over an area >3ha. The area indicated in Figure 3. and all possible polygons >3ha generated from the relevant data in Table. and Table. must be included in the SPZ under this criterion. Figure D: The following image shows 3 of the 53 HBT's recorded within this investigation. The area shown is part of the green polygon generated for Figure d. The forest surrounding these trees has been cleared and burnt. The trees in the background are regrowth within an adjacent and previously logged coupe.

28 Conclusions The "results" and "discussion" sections of this report demonstrate that VicForests within scheduled logging coupe have taped out, in preperation for logging, areas required under both the "Central Highlands Forest Management Plan's Leadbeater's Possum Managaement Prescriptions" and the "Flora and Fauna Guarantee Act's Action Statement for Leadbeater's Possum #06" to be protected from logging by their inclusion in "Special Protection Zone" reserves. In summary, these conclusions are drawn from the following; Flora and Fauna Guarantee Act Action Statement for Leadbeater's Possum #06 ZONE A The first dot point The oldest age class in the study location is "mature (>0 years old)" and exists in an area greater than 3 hectares. The study location indicated in Figure. and all possible polygons generated from the data in Table. must be included in the SPZ under this criterion. The second dot point At least live hollow bearing trees per 3 ha exist within the study location for this criterion. The area indicated in Figure. and all possible polygons >3ha generated from the data in Table. must be included in the SPZ under this criterion, and; Central Highlands Forest Management Plan Leadbeater's Possum Management Prescriptions ZONE A All 07 living Eucalytpus regnans HBT's with a DBH greater than.50m and/or conforming the mature classification of Jacobs (55) as displayed in Table. and mapped in Figures 3. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in a configuration of 4 HBT's per 3ha over an area >3ha. The area indicated in Figures 3. and all possible polygons >3ha generated from the data in Table. through to Table 4. must be included in the SPZ under this criterion. The scheduled area of coupe is 5.4ha. The area which VicForests have taped out indicating the area of this forest they intend to clear is 5.7ha. The area which this report (see Figures 4) identifies as LBP ZA habitat required to be included in the SPZ reserve and which is taped out to be cleared is 7.ha. (70% of the area VicForests intends to clear). Andrew Lincoln Fauna and Flora Research Collective Inc. //