Planning Framework - Nillumbik Shire Council

Proposed Nillumbik ESO 4 Waterways: Strategic Justification October 2015

What is the proposal? Nillumbik Shire Council is amending the Nillumbik Planning Scheme to better protect the biodiversity values of our waterways. At present only the five major waterways are covered with a 30m buffer. This amendment extends the coverage to all waterways and widens the buffer to better protect biodiversity. The Planning Scheme Amendment seeks to combine three existing Environmental Significance Overlays (ESO); ESO2 Yarra River, ESO3 Plenty River and ESO4 Waterways into one new waterways overlay. This will provide a more streamlined planning scheme and better protect sensitive riparian environments and the threatened species they contain though a wider ESO application based on stream order as recommended by Melbourne Water and the latest research. The new overlay is proposed to cover a prescribed distance either side of all waterways within the Shire, with the riparian buffer width varying dependant on stream order (Figure 1) in accordance with Waterway corridors; Guidelines for greenfield development areas within the Port Phillip and Western Port region, Melbourne Water, 2013. Smaller waterways in the headwaters of catchments will have smaller riparian zone widths and large waterways in the downstream area of a catchment will have wider riparian zones. This ensures that waterway corridors are at an appropriate spatial scale for the size of the waterway in any given location. The ESO is proposed to cover either side of waterways the following distance: Table 1. Proposed ESO coverage for each stream order Stream Order

ESO coverage

1

20m

2

20m

3

30m

4

50m

Figure 1. Strahler stream order concept

What is the value of riparian vegetation? Riparian land is any land that adjoins or directly influences a body of water (Figure 3). It includes: 

the land immediately alongside small creeks and rivers, including the river bank itself

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gullies and dips which sometimes run with water

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areas surrounding lakes

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wetlands and river floodplains which interact with the river in times of flood.

Figure 3. Riparian cross section

Well-vegetated riparian land is integral to waterway health, it directly contributes to the ecological function of the waterway and provides a buffer between adjacent land uses and the waterway. Waterway corridors and associated riparian vegetation provide a range of river health functions, including: 

Provision of food and habitat for aquatic fauna.

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Provision of breeding, feeding and habitat for terrestrial fauna.

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Provision of corridors for fauna movement up and down the waterway.

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Provision of fauna refuge in developed landscapes and enhancing links between remaining habitats that would otherwise remain fragmented.

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Stabilisation of channel banks against erosion.

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Shading and maintenance of natural temperatures within waterways.

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Reducing sediments and pollutants that reach waterways through overland flow.

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Maintenance and improved water quality through filtering and nutrient cycling within the riparian zone and vegetated buffer zone.

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Allowance for inclusion of some stormwater treatment systems within vegetation buffer zones if appropriate.

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Allow space for natural migration of the waterway channel, especially in areas with highly erosive soil types.

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Recruiting large woody debris into the stream and for riparian habitat over the long term.

Significant Flora The waterways of Nillumbik contain many endangered, vulnerable or depleted Ecological Vegetation Classes (EVC) including: 

Creekline Herb-rich Woodland (EVC 164) – vulnerable

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Damp Forest (EVC 29)

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Escarpment Shrubland (EVC 895) – endangered

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Floodplain Riparian Woodland (EVC 56) – endangered

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Grassy Woodland (EVC 175) – depleted

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Gully Woodland (EVC 902) – vulnerable

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Riparian Scrub/Swampy Riparian Woodland Complex (EVC 17) – endangered

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Riparian Forest (EVC 18)

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Swampy Riparian Complex (EVC 126) – endangered

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Valley Grassy Forest (EVC 47) – vulnerable

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Wet Forest (EVC 30)

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Wetlands (EVC 74) – endangered

Significant Fauna Many threatened fauna species, including many listed under the Flora and Fauna Guarantee Act 1988 (FFG) utilise the riparian habitat along waterways in Nillumbik including: 

Barking Owl, FFG listed – endangered

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Powerful Owl, FFG listed – vulnerable

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Grey Goshawk, FFG listed – vulnerable

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Black Falcon – vulnerable

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Nankeen Night Heron – near threatened

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Large-footed Myotis – near threatened

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Macquarie Perch, EPBC – endangered, FFG listed – threatened

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Murray Cod, EPBC – vulnerable, FFG listed – threatened

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Dwarf Galaxias, EPBC and FFG listed – vulnerable

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Southern pygmy perch – vulnerable

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Growling Grass Frog, EPBC – vulnerable, FFG listed – endangered

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Bibrons Toadlet, FFG listed – endangered

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Southern Toadlet – vulnerable

A few of these species are discussed further below.

Platypus Platypus are present in the lower sections of Diamond Creek, although they are not currently listed under the FFG Act, they are a key species in Melbourne Water’s Healthy Waterways Strategy 2013 as an indicator of river health. Platypus conservation relies mainly on maintenance of the physical and biological integrity of waterways, and the physical integrity of stream banks that is usually linked to the stabilising effects of vegetation. Platypus may be found in a wide variety of habitats ranging from large riverine pools to fast-flowing riffles. Ideal habitat is found in shallow rivers and streams flowing over a range of substrates with relatively steep banks consolidated by the roots of native vegetation with growth overhanging the bank. The presence of overhanging vegetation is an important component for several reasons: 

Roots help to consolidate the banks and prevent platypus burrows from collapsing.

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Overhanging vegetation provides cover from predators when animals move in and out of their burrows and while they move and forage in shallow riffle areas.

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Overhanging vegetation regulates the thermal and light environment of forested streams, provides energy to stream food webs and contributes to habitat diversity.

Platypus may forage over extensive distances to gather their daily food requirements. Platypus are generally restricted to dives of approximately two minutes duration with most dives lasting 60-90 seconds and animals do not regularly forage in water more than five feet deep. The area of river habitat available to individuals for feeding determines its carrying capacity and any reduction in invertebrate biomass in streams and rivers is of concern for population maintenance. Factors reducing invertebrate productivity may include loss of riparian vegetation and hence the allochthonous (terrestrial) energy base of aquatic food chains, water pollution, high silt loads and sedimentation of invertebrate habitat, excessive benthic algal biomass, release of cold water from impoundments, and changes in discharge and velocity which reduce the extent and/or productivity of riffle habitat.

Powerful Owl Powerful Owls are present in scattered locations across Nillumbik and are listed as threatened under the FFG Act. Powerful Owls nest inside a large hollow within old trees with diameters at

breast height above 70cm. It is estimated that hollows suitable for these large owls do not form, even in the fastest-growing eucalypts, until they are at least 150-200 years of age. Nest trees are most often situated near waterways (stream order 1 and above) with roost trees rarely 50m from the nest tree during breeding season (The Powerful Owl Project, Conserving owls in Sydney’s urban landscape, BirdLife Australia, 2014). Powerful Owls prefer more densely canopied riparian vegetation for roosting, which is also core habitat for their prey species with Ringtail Possums their main food source. Territory size for the Powerful Owls is estimated to be around 1200ha using a 2 km radius circle centred on the nesting site. Over much of its range, the lack of suitably large hollows is considered to be a limiting factor to successful breeding and population recruitment. The Powerful Owl is, therefore, vulnerable to land management practices that reduce the availability of these tree hollows now or in the future. The Powerful Owl Action Statement (No 92) DSE, 2004 recommends the following actions to protect the species on private property; encourage and assist Municipal Councils to develop conservation mapping and GIS overlay systems within planning schemes to improve information on owl habitat and breeding sites across private land. Using provisions of local planning schemes, the Flora and Fauna Guarantee Act 1988 and the Planning and Environment Act 1987, seek to ensure that Municipal Councils meet objectives and obligations to protect owl habitat on private land when considering land-use change. The Large Forest Owl Planning and Management Guidelines 2014, Lake Macquarie City Council recommends minimum 25m, 50m, 75m, 100m, 150m and 200m vegetation buffers on both sides of all 1st, 2nd, 3rd, 4th, 5th and 6th order streams. The report also recommends the following habitat features be prohibited from clearing as they cannot be offset: 

Confirmed nest trees and breeding roost trees and their respective 100 and 50m vegetation buffers.

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Potential habitat within 2km of a confirmed nest trees (i.e. that is below the minimum 500ha habitat retention threshold and/or identified as a riparian habitat).

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Connectivity corridors.

Dwarf Galaxias Dwarf Galaxias are present in the Diamond Creek catchment and are listed as vulnerable under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and threatened under the FFG Act. The National Recovery Plan for Dwarf Galaxias (2010) recommends the following management practices that should be adhered to by land and water managers in order to avoid threatening processes believed to be responsible for the decline in the Dwarf Galaxias: 

No direct loss of habitat through wetland drainage on either public or private land.

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No physical alteration to Dwarf Galaxias habitat as a consequence of incidental works on land adjoining Dwarf Galaxias habitat.

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Applications for water abstraction or dam construction do not compromise flow regimes for Dwarf Galaxias.

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Habitat and adjoining riparian habitat are fenced off to stock access.

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Off-stream watering points are provided for stock.

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No further damage to riparian vegetation.

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Damaged or depleted riparian vegetation is protected and (if necessary) supplemented by active revegetation works.

The Dwarf Galaxias Action Statement (No 258) DELWP, 2015 identifies that habitat loss is a major threat to their survival and therefore one of the main objectives of the action statement is to maintain or increase the extent of habitat. It recommends that waterways containing Dwarf Galaxias are fenced to either allow for natural regeneration or restoration. The action statement outlines the following threats to Dwarf Galaxias: 

Considerable areas of freshwater wetlands have been lost to agriculture, urban and industrial development through drainage and infilling.

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Damage from unrestricted stock access has a major impact on shallow wetlands through disturbance, infilling and siltation, increased turbidity, and removal and destruction of instream and riparian habitat.

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Destruction of instream vegetation reduces bed and bank stability and decreases shading, resulting in poor water quality such as increased nutrient run-off, sedimentation, summer water temperatures.

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Wetland connectivity to more permanent waterbodies (such as rivers or creeks) is vital during extended drought when such habitat may be used for refuge. Connectivity may be compromised through clearing, establishing extensive tree plantations, water abstraction, and construction of dams, levees, channels and pipes.

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Agricultural run-off can directly affect water quality via increased input of sediment and contaminants such as pesticides and herbicides. It may also increase the risk of algal blooms through increased water nutrient levels and sedimentation.

Research and Reports Use by birds of riparian vegetation in an extensively fragmented landscape, 1997 Andrew M. Fisher and David C. Goldney, Pacific Conservation Biology 3(3) 275 – 288 While native riparian woodlands are generally degraded, their connectivity and stabilizing function (actual or potential) identifies them as a critical landscape component in maintenance or restoration programmes. Hence it is suggested that riparian strips could form the basis for rehabilitation initiatives within this landscape. Fenced plantings of endemic tree species supplemented by native understorey species could be linked with existing vegetation to enhance landscape connectivity. It is crucial that landholders become aware of the importance of riparian vegetation for nature conservation and stream stabilization. Incentives should be provided to landholders to encourage these areas to be fenced from stock in order to protect them from further degradation in a significantly disturbed ecosystem.

Vegetation Communities of Banyule, Cam Beardsall, 2000 

Floodplain Riparian Woodland

Sub-community: FRWrm Manna Gum (riverbank) Conservation status in Greater Melbourne: Regionally Threatened Distribution: Plenty River excluding the lower reaches and a small section of the Yarra for about 500 m downstream from Fitzsimons Lane. 

Floodplain Riparian Woodland

Sub-community: FRWtm Manna Gum (terrace) Conservation status in Greater Melbourne: Regionally Threatened Distribution: Plenty River upstream from Banyule Road, Montpelier Billabong and a small section of the Yarra for about 500 m downstream from Fitzsimons Lane Landform: riverine; low terrace including minor drainage lines and swales of river floodplains

Tasmanian Waterways and Wetlands Works Manual, DPIWE, 2003 Ideally, a riparian zone should be as large as possible. This will maximise the benefits of the riparian vegetation and minimise the effects of the adjacent land use on the waterway. Riparian vegetation is critical for maintaining healthy ecosystems in small waterways and the upper reaches of large waterways. Leafy and woody debris from the riparian vegetation of small waterways is essential for local aquatic ecosystems. It is also an important source of carbon and nutrients for ecosystems downstream, where there is less shading and less leafy and woody debris entering the waterway. If resources are scarce and the objective of management is protecting the riverine environment, preserving the riparian vegetation along small waterways should be given the same or greater priority as preserving the riparian vegetation along large waterways.

Principles for riparian lands management, Land & Water Australia, 2007 This report notes the following on riparian areas and wildlife: 

Riparian lands are among the most productive ecosystems on earth. They occupy only a small proportion of the landscape but frequently support a greater variety and abundance of animal life than adjacent habitats.

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Important habitat components include vegetation (often taller, denser, more diverse, and more complex in riparian lands), food, standing water, shelter from predators, sites for nesting and roosting, and a local microclimate with less extreme temperatures and more humid conditions than adjacent areas.

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Wildlife species differ in their dependence on the riparian zone: some are confined to it throughout their lives; others may use it only occasionally, although their long-term persistence depends on access to intact riparian habitats.

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Riparian areas are often corridors for wildlife movement. This occurs naturally in dry regions, where stream-side vegetation forms distinctive networks across the landscape. In regions where most native vegetation has been cleared for human use, vegetated riparian zones also provide habitat for many species.

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Degradation of riparian lands by clearing and grazing has negative impacts on a range of wildlife species which depend on these riparian areas.

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Restoration of riparian lands, including fencing to exclude livestock and re-instatement of native vegetation, can lead to improved riparian habitat for a variety of wildlife species. There may also be benefits to other aspects of farm productivity, such as reduced impacts of pest species.

A Review of the Management of Riparian Land in Victoria, The Public Land Consultancy, 2008 Riparian land provides the link between terrestrial and aquatic ecosystems. It can act as a buffer to reduce the impacts of modified land use and disturbance within the catchment on the river. If well vegetated, riparian land provides much of the organic matter, woody debris and shade required to make aquatic ecosystems healthy. Intact riparian vegetation is also important in the terrestrial landscape. It contains highly diverse flora and fauna, can act as a refuge for fauna in dry times, is often the only remaining remnant native vegetation in largely cleared catchments, can act as a wildlife corridor, and it may act as important refuges and biolinks with likely changes in the landscape due to climate change. The significance of the riparian zone for biodiversity is reflected in the set of Action Statements adopted under the Flora and Fauna Guarantee Act. Of the 230 approved Action Statements, a significant proportion relate in some way to the riparian environment.

Management options for conserving and restoring fauna and other ecological values of urban streams in the Melbourne Water region, University of Melbourne, 2008 This study found that reach-scale protection and restoration of riparian vegetation, and of riparian and non-riparian wetlands are likely to benefit a range of species that are not solely dependent on stream habitat. The study suggests measures to conserve or restore populations of many animals that are valued by Melbourne Water, while emphasizing that effective management of these animals will require a broader management of the stream ecosystems themselves. Species which may be present in Nillumbik include: Large-footed myotis (Myotis macropus) – near threatened Longer term management should focus on enhancing connectivity between patches of riparian vegetation known to support M. macropus populations as this may catalyse gene flow among the small populations. Southern pygmy perch (Nannoperca australis) – vulnerable In the short-term, protection of populations in urban wetland refuges should be a management priority. Riparian vegetation replanting and fencing off would complement measures to secure

habitat by firstly reducing water temperatures to reduce any potential advantage of Gambusia holbrooki and secondly by providing habitat structure for food sources. Nankeen Night Heron (Nycticorax caledonicus) – near threatened Management of riparian, wetland and floodplain vegetation to provide adequate nesting sites, and the control of exotic predators will promote N. caledonicus populations in urban areas.

Wildlife Movement and Habitat Needs in Manningham, Lorimer et al. 2009 This local study identified that major waterways acted as habitat corridors for the movement of fauna and that this was important also for the pollination, reproduction and dispersal of local flora. The study found that: 

Habitat fragmentation is a major threat to the survival of indigenous fauna and flora in Manningham.

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Manningham’s streams, gullies and valleys are functioning as effective corridors for a range of native birds, including many of the more significant species. This is true even along Brushy Creek and Ruffey Creek, with their sparse and highly fragmented scatterings of native vegetation. Platypus and fish also move along some of the streams. Many bird species prefer to move along valley floors even when there is superficially superior habitat on the adjacent slopes.

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Along corridors and within treed residential areas, maintenance of native tree cover (and particularly the locally indigenous species) is the most important requirement for facilitating wildlife movements. These movements are important for the survival of both the wildlife and many indigenous plants that rely on wildlife for pollination, seed dispersal or pest control.

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The main ways in which Manningham City Council can support the movement of wildlife are: 

Conducting revegetation and habitat restoration to broaden and connect stream corridor vegetation.

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Using the permit approval process and the Environmental Significance Overlay in the Manningham Planning Scheme to limit habitat fragmentation by land development and vegetation removal, with particular emphasis on stream corridors and gullies.

Urban Waterway Guidelines, East Gippsland Shire Council, 2013 Urban waterways provide a considerable range of habitats for native fauna. The corridors have the ability to sustain large populations of terrestrial and aquatic fauna in many cases connecting larger areas of vegetation to catchment boundaries. Whilst there are obvious limitations in terms of larger fauna species a well designed and implemented corridor can add significant value to the region and create a natural landscape that is easily accessible to the community. Maintaining the connectivity of a waterway to a floodplain, even if it is inset in a macrochannel, enables other habitats disconnected from the main channel. These wet habitats can be important for frogs which may breed in ephemeral pools. Frogs, fish, reptiles, birds and mammals require a diversity of vegetation strata and structural habitat to thrive. Creating a diverse range of habitats increases the likelihood that there will be fauna present. In-waterway timber (large woody debris) creates a location for many fish species to spawn, cover for fish to shelter from predators, basking sites for

turtles and in many cases creating localised scour and persistent pools. Grazing macroinvertebrates also feed of the bio-films that grow on timber and in-turn are predated upon by fish. Terrestrial timber (fallen logs and trees) and rocks provide very important shelter for reptiles and lizards in particular. Hollows in old trees are highly valued features by arboreal mammals and birds. Where these are not present consideration to the installation of nest boxes is recommended. Maintenance or creation of these habitats are important in maintaining a degree of balance of fauna.

Large Forest Owl Planning and Management Guidelines, Lake Macquarie City Council (NSW), 2014 Powerful Owl breeding and roosting sites, and also preferred foraging, have been associated with more enclosed forest along creek and gully lines. Foraging also extends into dry and regrowth forest. Nest sites are within hollows of large, old growth, trees. Roost sites tend to be primarily beneath dense foliage within dense forest along creeklines or swamps or side gullies on steep slopes. Within the Lake Macquarie LGA nest trees have included Smooth Barked Apple (Angophora costata) and Sydney Peppermint (Eucalyptus piperita) trees that have hollows west and south-west facing. Hollows have been approximately 15–20 metres high in the tree, of approximately 30–50cm internal diameter and approx. 1–5+ metres deep. Nest trees have also tended to be within 100 metres of creeklines. Objectives for planning and managing large forest owl habitat within Lake Macquarie LGA include to: 

Maintain viable local populations of all four species of large forest owls across their existing distribution within the Lake Macquarie LGA (i.e. including retention of all confirmed nest sites within the Lake Macquarie LGA and sufficient adjoining foraging habitat to maintain their viability in the long term);

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Improve their conservation status within the LGA by prioritising the following conservation priority habitat for protection in reserves:

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Confirmed nest sites (i.e. confirmed nest and breeding roost trees) and sustainable home range extant habitat around such sites;

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Riparian habitat;

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Corridor connectivity along riparian corridors and between major habitat fragments; and

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Old growth forest;

Identify important large forest owl habitat where no clearing is acceptable.

Riparian habitat provides core prey habitat. Riparian habitat also provides preferred roosting and nesting habitat for the majority of large forest owl species. Minimum 25m, 50m, 75m, 100m, 150m and 200m vegetation buffers on both sides of all 1st, 2nd, 3rd, 4th, 5th and 6th order streams within the LGA should be prioritised for conservation across the Lake Macquarie LGA and particularly within 2kms of confirmed nest and breeding roosts.

Surf Coast Shire Biodiversity Mapping Project, 2014 The project highlighted the importance of waterways and wetlands for the role they play in providing habitat for threatened species (breeding and flocking sites for threatened waterbirds) and important habitat linkages within the landscape. Priority attributes identified in Stage 1 Surf Coast Shire Biodiversity Mapping: 

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Waterways – ESO1 Aquatic Systems 

Waterways and Wetlands are priority sites

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Buffers on River ≥ 100m either side

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Buffers on Creeks and small gullies ≥ 50m either side

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Remnant vegetation associated with waterways or wetlands provides a diverse habitat and gives multiple benefits

Other Priorities 

Connectivity with Public Land, wetlands and waterways, or other assets

DELWP suggested that the protection buffer width applied to waterways be greater for rivers and lesser for creeks, relating to the size of the waterway and not in any way linked to the name of the waterway. They suggested the application of a 100m buffer either side of a mapped river and 50m either side for a mapped creeks or small gully. However the steering committee decided to adopt the Melbourne Water buffer widths based on stream order as in the Waterway Corridor Guidelines (described below). Note – the waterways in Surf Coast Shire only go up to 4th stream order.

Strategic Framework – State Government The proposed waterway ESO is supported by the following state government strategies and reports:

Environmental Health of Streams in the Yarra River Catchment, EPA, 2000 A healthy riparian zone is particularly beneficial to aquatic macroinvertebrate communities. The condition of the riparian zone ultimately affects the whole stream ecosystem and can be an extremely important asset of the terrestrial ecosystem. The results of this study show strong promise for improving aquatic health through improvement of riparian habitat. Rehabilitation and protection of riparian habitat in urban and rural areas is of ecological, economic, aesthetic and recreational benefit, and is an essential management priority. This study illustrated a clear downstream decline in the ecological health of streams in the Yarra catchment. The most apparent are the rapid decline in riparian and instream habitat associated with land use changes downstream of the well-forested upper catchment, and the rapid decline associated with water quality degradation in the urban tributaries. Biological analyses suggest that land use and the condition and extent of the riparian zone are strongly influential in group separation within the Yarra catchment, delineating sites within and outside the forested, agricultural and urban areas. In the analysis for environmental factors across the whole catchment, vegetation category is the environmental variable most significantly correlated with the separation of the urban and upper catchment sites. This environmental factor influences both water quality and riparian habitat and takes into account the extent of exotic flora in the riparian vegetation. The quality of aquatic habitat is closely linked to riparian vegetation. The type of vegetation along the banks can strongly influence stream morphology, including width and cross-sectional shape, by binding bank material and preventing slumping. Vegetation type also affects the extent of trailing bank vegetation, interception of sediment from runoff, water temperature and primary production through shading, and deposition of allochthanous organic material. Much of the biotic energy that drives stream communities comes from outside the stream, so it is likely that litter from a mixed woodland will produce a more continuous supply of food than the litter from a pure stand. Degradation of the riparian zone often leads to edge habitat destruction and loss of the natural contaminant buffer. This impact is common in rural areas of the Yarra valley where the natural riparian vegetation has been completely altered or removed in many places. This study and others have shown that agricultural activity in the upper Yarra catchment can cause deterioration in water and environmental quality. Practices such as channelisation and reduction of vegetation cover can destroy habitat and alter the hydraulics of the floodplain, making erosion of the waterway more likely. Waterway erosion tends to be more localised than widespread in the Yarra valley and many streams could be enhanced by improvements to riparian vegetation.

VPP Planning Practice Note – Biodiversity, DOI, 2002 This Planning Practice Note provides guidance for local councils about when to apply overlay schedules to biodiversity assets and advises:

The native vegetation provisions (Clause 52.17) and decision guidelines (Clause 65) are the minimum ‘baseline conservation provisions’ for limiting the loss of biodiversity on a State wide basis. They should not be regarded as adequate and effective in meeting all biodiversity conservation objectives and more specific provisions may need to be applied.

Diamond Creek Streamflow Management Plan, Melbourne Water, 2003 Diamond Creek supports a diverse biological community of fish, vertebrates, invertebrates and streamside vegetation. The Diamond Creek river corridor connects the Kinglake National Park at the top of the catchment to the Yarra River. The fish species Pouched Lamprey, Spotted Galaxias and River Blackfish found in the system are considered threatened in Victoria. The creek also provides habitat for the threatened Australian Grayling that can recolonise Diamond Creek by means of the Dights Falls fishway on the Yarra River. Threatened vertebrates such as the Large Footed Myotis and the Broad-Shelled Tortoise may occur in the catchment as well as other, more common species such as the Platypus and the Water Rat. These animals rely directly on the in-stream environment for their survival. Diverse macroinvertebrate populations and significant macroinvertebrate habitat are found in the upper catchment but decline downstream. These aquatic invertebrates depend on flows to maintain their habitat. Animals higher in the food chain also rely on these aquatic invertebrates as a food source. The stream banks of the lower reaches of Diamond Creek and Arthurs Creek have been cleared or filled with exotic plants and so have little natural habitat. The mid to upper reaches of the Creek have more intact native vegetation and more complex instream habitat such as woody debris. Of the species of streamside flora found in the catchment, the Netted Brake and the Swamp BushPea are rare in Victoria. Community groups have undertaken revegetation works in some of the smaller tributaries such as Watery Gully. This aquatic life adapts to the natural patterns of high and low stream flows to survive and flourish. Changes to these natural patterns may put the aquatic life at risk. For example, stream flows are naturally low during droughts and so the aquatic life develops ways to survive occasional droughts. But if stream flows reproduce drought conditions every year because of the extraction of water, the aquatic life may not be able to survive. The best way to protect aquatic life is to mimic the natural patterns of stream flows.

Plenty River Streamflow Management Plan, Melbourne Water, 2007 The Plenty River has been identified as an important wildlife corridor linking the Kinglake National Park, via the closed catchment of Yan Yean Reservoir, to the Yarra River. Platypus has been recorded in Plenty River upstream of Greensborough and in the lower reaches close to the confluence with the Yarra River. The environmental condition or health of a stream is a product of many factors. Land use within the protection area, the presence of native streamside vegetation, the level of change from its natural state, water quality and water use all affect stream health.

The component of river health within the scope of the stream flow management plans is the flow regime. While Stream flow management plans recognise other issues and make recommendations where relevant and necessary they do not specifically deal with these other issues. The flow regime is the range of flows that occur within the waterway over all seasons. The flow components may include high flows such as floods, very low flows and zero flow events and medium freshening flows that follow periods of dry weather. All components of the flow regime are important to stream health, with local flora and fauna having adapted to and become reliant on particular flow components. Instream habitat values along the Plenty River and its tributaries vary markedly. The Plenty River Gorge provides high value habitat for aquatic flora and fauna. A number of deep pools which are significant for fish species such as the river blackfish occur in this reach of the stream. Intact streamside vegetation and the presence of rocks and boulders also add to the habitat values. Around Mernda and Whittlesea the Plenty River is largely devoid of native streamside vegetation. Willow trees choke the stream in some sections, while abundant growth of Cumbungi and the Common reed occurs in other sections where lack of flow and excessive light penetration provide ideal conditions for growth of these plants. With the aid of Melbourne Water a number of landholders are actively rehabilitating sections of the streamside through the Stream Frontage Program. Willow removal and the replanting of indigenous vegetation will help to increase environmental values in the middle reaches of the river system. The upper sections of the tributary streams around Toorourrong Reservoir contain some areas of intact vegetation, which are significant for flora and fauna. In the lowest sections of the River through Greensborough, urban stormwater runoff and other associated impacts of urban development have reduced water quality over time, but may have aided stream flow.

Better Bays and Waterways: A water quality improvement plan for Port Phillip Bay and Western Port, Melbourne Water & EPA, 2009 Waterway bed and bank erosion and aquatic and riparian weed infestations threaten rural water quality in many of the region’s waterways. These problems are exacerbated by farm practices such as allowing uncontrolled stock access to riparian zones and waterways. Agricultural Best Management Practices such as riparian buffers are typically the most cost-effective means of achieving sediment load reductions into Port Phillip Bay. A risk assessment conducted to inform of the development of Better Bays and Waterways considered the environmental, economic and social values of waterways, and sources of threats to those waterways, and provided a broad picture of water quality issues for the Port Phillip and Western Port region. Two high-risk threats across the rural districts were found to be: 

Perennial horticulture/non-irrigated pasture runoff.

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Uncontrolled stock access to streams associated with non-irrigated pasture.

Uncontrolled stock access to waterways presents a high risk to values over the majority of the rural districts where dryland grazing occurs. Stock access to riparian zones and waterways leads to

riparian vegetation loss, increased sediment and nutrient inputs through damage to streambed and banks, runoff from adjacent paddocks and animal tracks, and the direct input into waterways of pathogens and nutrients via faeces and urine While incentives and on-farm assistance are very effective tools, in some instances regulation is required in order to bring about effective change. Specific areas to address include: 

Stock access to riparian zones and waterways.

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Protecting natural values.

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Wastewater reuse best practice.

Securing Our Natural Future: A white paper for land and biodiversity at a time of climate change, DSE, 2009 Goal: To restore the ecological processes and resilience that underpin the health of Victoria’s land, water and biodiversity. Outcome 6.3 – Rivers, wetlands and estuaries are managed so they continue to provide ecosystem services. Many of Victoria’s rivers, wetlands and estuaries are in moderate or poor condition and many of the native plants and animals that depend on them are threatened. In the context of climate change, rivers, wetlands and estuaries will play a central role in providing habitat refugia and connectivity. Rivers, wetlands and estuaries are a central focus for biolinks. They provide diverse interlinked habitats, environmental water flows, stepping stones of riparian and floodplain vegetation and a system of drought and climate change refugia. Outcome 6.4 – Riparian lands protect waterways and increase productivity, connectivity and amenity. Action 6.4.2: reform administrative and legislative arrangements to enable enhanced riparian land management by 2014. Riparian areas often contain a diversity of plants and animals and therefore have an important role in linking habitats, providing a strong foundation for biolinks. Well-managed riparian land provides ecosystem services such as pollutant filtration and sediment and nutrient trapping that gives us good water quality and public health benefits. The community is increasingly valuing these important services and demanding better protection of riparian land.

A Cleaner Yarra River and Port Phillip Bay: A Plan of Action, DSE, 2012 Water quality in the Yarra River is affected as it travels downstream through the rural and periurban areas as a result of: 

nutrient and chemicals in runoff arising from over application of fertiliser or other agricultural chemicals



erosion and increased sediment loads due to reduced ground cover, exposed farm tracks and stock access to waterways



loss of in-stream and riparian habitat

Index of Stream Condition, The Third Benchmark of Victorian River Condition, DEPI, 2013 The results of this third ISC benchmarking exercise from 1999-2010 noted that 57% of stream length in the Yarra River catchment is rated poor to very poor and there had been no change to the Yarra basin average rating of poor. All waterway lengths in Nillumbik were rated poor or below except for the headwater streams within Kinglake National Park. Scores were attributed to poor vegetation width, continuity, structure and overhang. In Nillumbik Shire the ratings were: 

Yarra River (Warrandyte)

Moderate



Plenty River

Very Poor



Running Creek

Moderate



Arthurs Creek

Poor



Diamond Creek

Very Poor

Victorian Waterway Management Strategy, DEPI, 2013 Local government has an important role in regulating land use and development activities that may affect waterways through administering planning schemes. Connectivity between a river, its floodplain and wetlands can be disrupted by development on the floodplain. Zoning and overlay instruments in local government planning schemes assist in preventing further loss of connectivity between the river, its floodplain and the wetlands. The Environmental Significance Overlay is a planning instrument that can be tailored to protect specific environmental values of wetlands and floodplain habitat in local planning schemes. Stormwater is more recently being considered a valuable resource that can provide a range of benefits to towns, cities and communities. Future arrangements for planning and managing urban stormwater and its interactions with the built environment and impact on urban waterways will have to be adapted to reflect this. Local government responsibilities: 

Consider waterway management objectives in the statutory planning processes and maintenance of stormwater drainage systems.



Develop municipal stormwater management plans (or contribute to Integrated Water Cycle Plans) that consider land use change and land management practices under local Planning Schemes.



Ensure that subdivision designs comply with the Water Sensitive Urban Design requirements of the planning scheme and industry guidelines for best practice management.



Undertake actions to improve stormwater quality.



Manage public lands for water quality benefits.



Manage septic tanks (including preparation and implementation of Domestic Wastewater Management Plans) and stormwater drainage services for water quality benefits.



Facilitate the implementation of regional land use planning measures to improve water quality.

Healthy Waterways Strategy, Melbourne Water, 2013 The Healthy Waterways Strategy identifies priority areas for rural and urban stormwater management activities to protect and improve key waterway values and actions necessary for long-term ecosystem health improvement outcomes. The strategy notes the waterways within the Middle Yarra system are highly valued especially the Yarra main stem and tributaries, which have areas of natural beauty, support many recreational activities and habitat for important animal species such as platypus. The Shire of Nillumbik is within the middle Yarra system which has the following strategic priorities over the next 20 years: 

Improving habitat in waterways for fish, frogs and platypus through revegetation and weed control, especially willows.



Improving water flows by implementing environmental flows for fish, frogs and platypus.



Investigating and providing fish passage throughout the system.



Improving water quality and reducing the impacts of stormwater on waterways for fish, platypus, frogs and macroinvertebrates.



Linking floodplains to waterways to improve connectivity for frogs.



Revegetating and stabilising rural reaches for macroinvertebrates which will also improve vegetation condition.



Improving water quality and flows for macroinvertebrates and fish by renewing existing urban drainage systems over the long term and implementing stormwater treatment in new urban developments.



Improving water quality for macroinvertebrates and fish in rural areas by managing streamside vegetation.



Revegetating streamside areas for vegetation, amenity and birds – particularly through linking high quality habitat.

The expected outcomes for key values are: The platypus population at Diamond Creek has increased in response to successful stream restoration works such as removing willows, stabilising the stream banks and replanting streamside vegetation. Continued works on flows and habitat aim to stabilise platypus condition and allow for improvements in the long term.

Extensive vegetation clearing has occurred, which is reflected in the low condition of bird populations. These populations appear to be stable from the 1990s. Works focusing on linking habitat and revegetating streamside areas are aimed at improving this condition over the long term to moderate A significant decline in the condition of vegetation has occurred over the past 100 years due to extensive clearing for rural and urban development. The quality of vegetation is rated moderate to low. Works aim to continue to improve vegetation condition from moderate to high over the next 20 years. Many areas provide high amenity through intact streamside vegetation, natural waterway features and parkland where relaxation can occur, but the average score is low. Continued work on linking vegetated areas will improve the amenity.

Stormwater Strategy, Melbourne Water, 2013 Good planning is essential to establish an integrated approach to water management. Effective policy and regulation for urban development and agricultural practices are crucial to improve the health of waterways and bays. The combination of these elements is necessary for stormwater management to achieve other multiple community outcomes, including wellbeing and amenity, public safety and alternative water supply. The Port Phillip and Westernport region is evolving with agricultural intensification, urban growth and increasing population density. Planning for integrated and sustainable land use in urban and rural areas is critical to ensure the region remains highly liveable and resilient to climate change. 5.1

Partnerships and support

Our aim in developing partnerships and support is to achieve improved stormwater management outcomes. 

Melbourne Water will work with local government on improved planning, design, delivery, management and maintenance of stormwater assets, and developing municipal strategies to increase the integration of green infrastructure and achieve multiple benefits.

6.1.2

Supporting agricultural communities to address farm runoff

Managing stormwater from agricultural and rural properties is an important part of protecting waterways and bays in the Port Phillip and Westernport region. Improved management of runoff reduces transport of nutrients and sediment to waterways, and also provides other benefits, such as reducing nuisance flooding, improving pasture quality, stock health and water efficiency. Runoff can be treated effectively through works such as sediment traps, wetlands, filter beds, swales and drains to reduce volume and velocity, and vegetation buffers along waterways. 

Melbourne Water will investigate partnership opportunities with Landcare groups, state agencies, peak rural industry organisations and local government to establish programs for engaging rural landholders and increasing adoption of practices for improved management of runoff.

6.1.3

Supporting local government to manage stormwater with on-ground works

Working with local government is essential to achieving street-scale and large-scale outcomes for stormwater management. Local government manages stormwater using on-ground works featuring street-scale water sensitive urban design, such as rain gardens, through to large-scale systems such as stormwater harvesting. These works can be undertaken through gradual improvement of urban areas during programmed capital and renewal works, new and infill urban development, and in specific stormwater management projects. 

Melbourne Water will support local government in variety of ways, including helping to develop well planned, designed, constructed and maintained on-ground stormwater management assets and infrastructure, and co-investing in projects that deliver multiple community outcomes.

8.1.3

Use of alternative controls to protect waterways and bays

With Melbourne Water’s support, several local councils are using amendments to planning schemes to implement new integrated water management planning controls and apply relevant planning overlays for these land uses. These amendments establish water quality targets for all industrial and commercial developments. There is also potential to amend local planning schemes to promote and facilitate sustainable land and water management in rural areas to improve protection of receiving waterways. 

Melbourne Water will work with key partners to identify and implement alternative ways to improve stormwater management outcomes, such as the use of planning overlays for priority areas.

8.2.1 Review policy and regulation and support development of improved stormwater management standards Current stormwater management standards do not fully protect waterways and bays from stormwater impacts and do not embrace other potential beneficial outcomes. Development of new policy, regulation and guidelines will ensure protection of waterway and bay health and integration of additional potential benefits of improved stormwater management. 

Melbourne Water will work with agencies such as EPA Victoria, DELWP, water authorities and local government, to implement new policies and regulations to protect waterways and bays and the values they support.

8.2.2 Capacity building and support New policies and regulations will be successful only if the development industry and local and state authorities have adequate capacity and confidence to adopt and implement them Melbourne Water will: 

Support key stakeholders to implement new policies and regulations relating to stormwater management;



Partner with rural industry stakeholders or organisations and local government in rural areas to improve management of runoff from rural land.

Waterway corridors; Guidelines for greenfield development areas within the Port Phillip and Western Port region, Melbourne Water, 2013 The Melbourne Water Waterway Corridor Guidelines specify a range of corridor widths for existing waterways in the Port Phillip and Westernport Region in Greenfield development areas. These guidelines recommend riparian buffers in accordance with the Strahler stream order. This provides increasing buffer widths as the stream order increases; 1st and 2nd order streams have a minimum 20m setback, 3rd order streams have a minimum 30m setback and 4th order and greater streams have a minimum 50m setback width, applied to both banks and measured from top of bank, dependent on the size of the waterway.

Regional Catchment Strategy, PPWP CMA, 2014 For waterways and wetlands, the objective is to maintain and enhance the environmental values of waterways as indicated by the health and resilience of fish, frogs, platypus, birds, macroinvertebrates, vegetation and amenity. The priorities are to: 

Protect and improve riparian vegetation crucial to the environmental and social values of waterways.



Maintain and, where possible, improve the diversity and populations of native species in the region’s waterways, wetlands and estuaries.



Improve water quality in waterways, wetlands and estuaries and protect the quality of receiving waters in Port Phillip Bay and Western Port.



Protect and improve the features of waterways enjoyed for their aesthetic, landscape and cultural values and for active and passive recreation.

Middle Yarra River Corridor Study: Draft Recommendations Report, 2014 The Middle Yarra River Draft Recommendations Report recommends: 

New design controls for riverside properties, setting mandatory height limits of between eight and 12 meters, and mandatory setbacks of between 30 to 100 meters from the Yarra.



Strengthening existing environmental controls across council boundaries that focus on protecting the Yarra’s natural landscape values.



Increasing minimum lot sizes, particularly in the rural and lower density areas of the River and applying the Neighborhood Residential Zone along the inner urban stretch of the river.

Plan Melbourne, DTPLI, 2014 Direction 3.4: Improve Local Travel Options To Increase Social And Economic Participation Initiative 3.4.1 – Make Neighbourhoods Pedestrian-Friendly 

Plan for new walking and cycling bridge crossings for major roads, freeways, railways and waterways.

Direction 4.2: Protect Melbourne And Its Suburbs From Inappropriate Development Initiative 4.2.4 - Protect Waterways From Inappropriate Development Port Phillip Bay, Yarra River, Maribyrnong River and other significant rivers and streams are important assets to the state and are highly valued by the community in a number of ways. There is a need to balance the tourism, recreational and cultural values of Melbourne’s foreshore and waterways with development opportunities. It is also important that we protect our waterways from inappropriate development. The government has recently brought forward new, mandatory controls to protect the banks of the Yarra and Maribyrnong rivers, our city’s two iconic waterways. These controls should be offered to local governments and waterway authorities to protect other iconic waterways and coasts across Melbourne, including Port Phillip Bay. 

In partnership with local governments, stakeholders and water authorities, work toward the protection of Melbourne’s waterways from inappropriate development through the use of mandatory controls similar to those in place for the Yarra and Maribyrnong rivers.

Direction 5.2: Protect And Restore Natural Habitats In Urban And Non-Urban Areas Initiative 5.2.1 - Increase The Protection And Restoration Of Biodiversity Areas, and Initiative 5.2.2 - Protect The Values Of Our Waterways The health of Melbourne’s 8,400 kilometres of waterways and our bays, and the biodiversity and ecosystems that rely on them, are crucial to our liveability and environment. Increasing urbanisation poses a significant threat to the environmental condition of waterways and hence to key waterways values such as the presence and health of platypus, fish, frogs, birds, invertebrates and vegetation. 

Prepare and implement new stormwater requirements to ensure that stormwater in new developments is managed in a cost-effective manner that protects the health and amenity of downstream waterways and our bays.

Direction 5.6: Protect Our Significant Water And Sewerage Assets Initiative 5.6.2 - Protect Our Open Space Waterway Corridors From Inappropriate Development There are some 7,000 kilometres of waterways in metropolitan Melbourne, and they form an essential component of our city’s open-space network. They provide a sense of place and important habitat for maintaining biodiversity. The government has introduced significantly stronger planning protections for Melbourne’s two main river corridors, the Yarra and Maribyrnong rivers. These include mandatory height controls; controls in relation to site coverage, vegetation removal and drainage requirements; and discouraging development that intrudes on existing public and private open space adjacent to the rivers. This approach to protecting rivers from inappropriate development will be extended to other rivers in Melbourne. 

In partnership with local governments and stakeholders, prepare and implement planning provisions for major metropolitan waterway corridors, consistent with the approaches adopted for the Yarra and Maribyrnong rivers.

Strategic Framework – Local Government Nillumbik Environment Strategy, 2001 In Nillumbik the major waterways form important riparian habitat corridors of significant conservation and recreational value. Unfortunately, the health of many waterways in the Shire is declining due to a range of factors including inappropriate land management practices, vegetation clearance, litter pollution, sewage effluent, low flow rates and urban expansion. Goal: To Protect and Enhance our Catchments and Manage Water Responsibly. Objectives: 1. To improve the quality of water within catchments and achieve environmental flows. 2. To protect and enhance aquatic and riparian habitats through rehabilitation and improving the quality of stormwater runoff. 3. To promote the practice of water conservation. 4. To incorporate the principles of Water Sensitive Urban Design into new developments. This has since been replaced by the Environment Charter 2012.

Open Space Strategy, 2005 The Shire of Nillumbik is very fortunate to have retained large areas of native vegetation occurring on both private and public land which protects the biodiversity of the Shire. The open space network, especially along waterways, plays a key role in protecting rare and threatened flora, fauna and vegetation communities. The open space network of formal and informal parks and reserves, sporting fields, conservation areas, waterways and trails is an integral component of why people choose to live in or visit the Shire of Nillumbik. Open space plays a major role in the sustainability of the Shire by protecting the environment and improving the overall quality of life for residents. It provides opportunities for people to relax, exercise, socialise and enjoy nature and it also assists in promoting the Shire as a tourist destination. The Shire’s waterways and corridors are an integral component of Nillumbik’s open space system and also provide key habitat links for native flora and fauna and offer unique landscape settings. Well-managed open space areas can play a large part in protecting the health of creeks, rivers and wetlands and can be natural corridors for wildlife. Open spaces along our waterways are also ideal places for low-impact activities such as cycling and walking. Providing adequate parkland along waterways provides an important function in protecting environmental qualities of the waterways and creating important habitat links. Acquiring and rehabilitating land along key waterways should be a priority for future development of Nillumbik’s open space network. It is important to ensure land use and development does not adversely impact on the environmental values of adjoining the open space.

Vision 

Nillumbik will provide a diversity of open space with a range of high quality regional, district and neighbourhood parks linked by a network of trails.



Nillumbik’s open space network will be easily accessible and provide all residents and visitors with a range of passive and active recreation opportunities.

Guiding Principles: 

Protect areas of significant environmental value including remnant vegetation, habitat, waterways, cultural heritage and areas of landscape significance.

Recommendation 67: As funds become available the following sites should be investigated for acquisition into the open space system. 

Land along the Diamond Creek to extend and continue regional open space along the Diamond Creek from Diamond Creek to Hurstbridge and to accommodate the Diamond Creek to Hurstbridge Trail.



Land along key waterways of the Yarra River, Plenty River and Diamond Creek.

Environmental Significance Overlay (ESO1) Review, Stage 2, 2008 In 2006, Ecology Australia was commissioned by Nillumbik Shire Council to undertake a review of the application of the Environmental Significance Overlay (Schedule 1) (ESO1) to land in the Township Zone, Low Density Residential Zone and selected sites within the Residential One Zone. The report recommended that conservation objectives may be better met by developing a planning control tailored to protect streamside environs to better account for the matrix of riverine features and their variable condition – floodplains, billabongs, escarpments and riparian corridors.

Green Wedge Management Plan 2010-2025 Environmental objectives and strategies include: Objectives: 1. Protect and enhance remnant vegetation. 2. Protect and enhance sites of faunal and habitat significance and strategic habitat links. 3. Protect and enhance catchments and manage water responsibly. 4. Achieve sustainable land management. 5. Conserve the landscapes of the Green Wedge for aesthetic, environmental and cultural values. Strategies: 1. Identify and manage biodiversity at a landscape scale for conservation. 2. Support the participation of rural landholders and communities in conserving biodiversity.

3. Discourage further rural residential development of undersized allotments in the Green Wedge. 4. Pursue the protection and restoration of significant sites and wildlife corridors. 5. Ensure land use and development is addressed in the context of its potential effect on the wider catchment. 6. Conserve biodiversity through implementing sustainable land use planning and encouraging sustainable land management. 7. Minimise the impact of pest plants and animals. 8. Identify, document and protect the character of the diverse landscapes of the Nillumbik Green Wedge. 9. Adopt best practice on a local basis to address climate change.

Nillumbik Environment Charter, 2012 We are committed to: 1. Protecting and improving Nillumbik’s biodiversity and productivity Council will be proactive in caring for waterways, improving soils, pest plant and animal control, reserve management, roadside management, biodiversity conservation, land management and Green Wedge management. 2. Improving the sustainability of the built form Council will actively utilise and promote sustainable building design, products and techniques, responsible use of materials, energy conservation, retro-fitting, renewable energy and sustainable water management. 3. Reducing our daily environmental impact Council is committed to reducing its carbon footprint through a reduction in waste, improved transport, greener purchasing and sustainable use of natural resources. 4. Adapting to the environmental impacts of climate change Council will better prepare for prolonged drought periods, intense rainfall periods and heatwave conditions. 5. Educating and inspiring Council will work with staff, community and business through integrated, thematic and life-long learning to encourage and facilitate more sustainable environmental outcomes.

Nillumbik Biodiversity Strategy, 2012 This strategy notes altered water quality and flows is a threat to biodiversity and includes the following actions:



To encourage private landholders to fence off remnant vegetation and waterway access in grazing areas.



Support the implementation of landscape-scale biolink projects such as the Kinglake to Warrandyte Habitat Corridor Project, Panton Hill Reserve system and a habitat corridor along Diamond Creek.

Nillumbik’s Integrated Water Management Strategy, 2012 Nillumbik supports many significant environmental assets, including the mid-reaches of the Yarra River and Plenty River, Diamond Creek and Watsons Creek. Fundamental to protecting the ecological health of receiving waters and enhancing social/amenity values of waterways, is the need to consider flow management and water quality management within catchments. Today the impacts of urban planning and water resource management on our environment are widely acknowledged. The need to plan and respond to unforeseen changes is becoming more evident as Council faces the issues of climate change and rapidly growing urban populations. The major waterways in Nillumbik form important riparian habitat corridors of significant conservation and recreational value. The water quality in all of the waterways in this area is impacted by runoff from adjacent land uses and in some sections, the discharge of sewage effluent from septic tanks. The Index of River Condition (IRC) provides an integrated measure of waterway health and provides scores based on the following components: 

Hydrology



Physical form



Streamside zone



Water quality



Aquatic life

This assessment found the overall health range from good and excellent for the upper tributaries of Arthurs Creek and Diamond Creek, through to moderate for most other waterways including Diamond Creek and Watsons Creek, to poor for the reaches of the Yarra and Plenty Rivers that pass through the Shire. The primary reason for the relatively good health of many of the waterways is the relatively low levels of urban development within the catchments and consequently low directly connected imperviousness Appendix C of the strategy provides a summary of the Index of River Condition (IRC) assessment for each waterway which shows that the streamside zone is often the main contributor to the low river heath ratings.

Council Plan 2013-2017 Strategies for ‘Our Natural Environment’ include:



We will work to protect the Shire’s biodiversity and ensure that ecosystems are healthy, resilient, productive and connected across the landscape.



We will provide leadership and opportunities for our community to participate in the conservation of natural resources through best practice land management.



We will increase our stormwater harvesting and storage capacity to reduce reliance on drinking water and contribute to improved water quality in our waterways.

Legislative Framework - Commonwealth Environment Protection and Biodiversity Conservation Act 1999 The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 is the overarching legislation for the protection of native species and enhancement of their natural habitat including the waterways and the species that they support. They provide the enforcement mechanisms for environmental controls in Victoria, including the discharge of waste, including sediment, into water.

Legislative Framework - State Flora and Fauna Guarantee Act 1988 The following processes related to waterway management have been listed as potentially threatening processes in accordance with Section 10 of the Flora and Fauna Guarantee Act 1988: 

Degradation of native riparian vegetation along Victorian rivers and streams

Action Statement long term objectives: 1. To establish and protect continuous corridors of native riparian vegetation, of suitable width, structure and composition to ensure maintenance of ecological processes, along all Victorian rivers and streams; 2. To reverse a decline in the conservation status of individual species or ecological communities that are at risk from changes to riparian vegetation along Victorian rivers and streams. 

Increase in sediment input to rivers and streams due to human activities



Alteration to the natural temperature regimes of rivers and streams



Alteration to the natural flow regimes of rivers and streams



Removal of woody debris from Victorian rivers and streams

Wildlife Act 1975 The Wildlife Act 1975 provides for the protection and conservation of wildlife. It aims to prevent species becoming extinct and provides for the sustainable use of and access to wildlife. In addition, it provides for the establishment and management of state wildlife and nature reserves.

Water Act 1989 Under the Water Act 1989, the definition of a waterway is: a. a river, creek, stream or watercourse; or b. a natural channel in which water regularly flows, whether or not the flow is continuous; or c. a channel formed wholly or partly by the alteration or relocation of a waterway as described in paragraph (a) or (b); or d. a lake, lagoon, swamp or marsh e. land on which, as a result of works constructed on a waterway as described in paragraph (a), (b) or (c), water collects regularly, whether or not the collection is continuous f.

land which is regularly covered by water from a waterway as described in paragraph (a), (b), (c), (d) or (e) but does not include any artificial channel such a waterway; or

g. if any land described in paragraph (f) forms part of a slope rising from the waterway to a definite lip, the land up to that lip

State Environment Protection Policy (Waters of Victoria) State Environment Protection Policy (Waters of Victoria) and its schedules provide the statutory policy basis, benchmark objectives and targets for improving water quality, and nutrient, sediment and toxicant loads that drive improved stormwater management. A goal of the SEPP is to achieve a net gain in the extent and quality of aquatic, riparian and coastal vegetation. The protection and rehabilitation of Victoria’s aquatic, riparian and coastal vegetation will have significant benefits for the State including the reduction of sediments and pollutants entering our waterways, increased habitat for birds and animals and improved aesthetic values for all Victorians. Improved aesthetics should ensure that Victoria’s surface waters are places where people want to live and visit, which has benefits for the sustainable development of Victoria’s recreation and tourism industries. To achieve this, relevant protection agencies including municipal councils, need to work with communities to minimise the removal of, and rehabilitate, native vegetation within or adjacent to surface waters. The proposed waterway ESO will assist in achieving this SEPP goal.

State Environment Protection Policy (Waters of Victoria) - Schedule F7 Waters of the Yarra Catchment 14. Stabilisation of waterways and protection of habitat Protection agencies (including councils) and occupiers of premises adjacent to waterways must ensure that waterways and riparian zones are managed to protect beneficial uses, and in particular that 1. programs are developed and implemented to stabilise and rehabilitate degraded waterways which are posing a threat to beneficial uses;

2. waterway revegetation programs include measures to restore indigenous riparian vegetation communities; 3. remnant indigenous vegetation beside waterways is maintained and protected; 4. adverse impacts of land use activities on waterways, in particular stock access to streams, land disturbance practices and the application of biocides and fertiliser, are minimised; 5. new in-stream structures or works affecting waterways, including existing structures undergoing refurbishment, are designed, constructed and managed to provide for the passage of indigenous fish. 22. Run-off from urban land, built-up areas and main roads Protection agencies responsible for drainage and waterway management, in conjunction with planning authorities (including local government), must ensure that urban stormwater run-off is managed to protect beneficial uses, and in particular that 1. new urban development and drainage systems are designed, constructed and maintained in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; 2. existing drainage systems are managed and maintained in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority, and in particular that a. sources of pollution and opportunities for minimising the generation and transport of stormwater pollutants at, or near to, source are identified and addressed; b. opportunities for installing stormwater treatment measures, including water quality, litter control and flow improvement measures, as part of asset maintenance and replacement programs, are identified and exploited; c. the environmental performance of the drainage system is progressively improved, with priority given to those areas which most adversely affect, or have the potential to most adversely affect beneficial uses; and d. the volume, timing and velocity of stormwater entering waterways is managed to minimise adverse impacts on waterway stability, flow regimes and in-stream and riparian habitat. Part III - Beneficial Uses To Be Protected State environment protection policy provides a framework for maintaining environmental quality sufficient for the protection of existing and anticipated beneficial uses of the environment. The beneficial uses to be protected are: 

Maintenance of natural aquatic ecosystems and associated wildlife, which includes the maintenance of stable and healthy animal and plant communities within the aquatic environment, as well as the terrestrial and arboreal life which depend upon these ecosystems.



Maintenance of indigenous riparian vegetation ensuring that the contribution made by indigenous vegetation to the health of aquatic ecosystems and the environmental health of

waterways, is explicitly protected. Protection of this beneficial use in the Urban Waterways segment will encourage improvements in the quality of riparian vegetation across the urban area.

Planning Framework State Planning Policy Framework The Amendment is consistent with State Planning Policy Frameworks of the Nillumbik Planning Scheme and supports relevant objectives and strategies as included below:

11.04-5 Environment and water Objective To protect natural assets and better plan our water, energy and waste management systems to create a sustainable city. Strategies 

Protect and restore natural habitats in urban and non-urban areas.



Integrate whole of water cycle management to deliver sustainable and resilient urban development



Protect significant water and sewerage assets.

11.04-7 Green wedges Objective To protect the green wedges of Metropolitan Melbourne from inappropriate development Strategies 

Ensure strategic planning and land management of each green wedge area to promote and encourage its key features and related values.



Protect areas of environmental, landscape and scenic value

11.04-8 Open space network in Metropolitan Melbourne Objective To create a network of metropolitan open space by creating new parks. Strategies 

Ensure major open space corridors are protected and enhanced.



Provide long term planning protection to meet demand for future open space along the Plenty Gorge parklands, Yarra Valley parklands, Cardinia Creek parklands, Heatherton/Dingley ‘Sandbelt’ parklands and Dandenong Valley parklands.



Ensuring development does not compromise the Yarra River and Maribyrnong River corridors and other waterways as significant open space, recreation, aesthetic, conservation and tourism assets.

11.04-9 River corridors Objective To protect and enhance the significant river corridors of Metropolitan Melbourne. Strategies 

Ensure strategic planning and land management of the Yarra River and Maribyrnong River corridors to protect their environmental and cultural values and landscape character and guide new development.



Ensure development responds to and respects the significant environmental, conservation, cultural, aesthetic, open space, recreation and tourism assets of the Yarra River and Maribyrnong River corridors.



Ensure new development is sensitively designed and sited to maintain and enhance environmental assets, significant views and the landscape along the Yarra River and Maribyrnong River corridors.

Clause 12 Environmental and Landscape Values Planning should help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity) and conserve areas with identified environmental and landscape values.

12.01-1 Protection of biodiversity Objective To assist the protection and conservation of Victoria’s biodiversity, including important habitat for Victoria’s flora and fauna and other strategically valuable biodiversity sites. Strategies Ensure strategic planning: 

Avoids and minimises significant impacts, including cumulative impacts, of land use and development on Victoria’s biodiversity



Assists in the protection and management of sites containing high value biodiversity.



Assists in the re-establishment of links between isolated habitat remnants that contain high value biodiversity.

Clause 14 Natural Resource Management Planning is to assist in the conservation and wise use of natural resources including energy, water, land, stone and minerals to support both environmental quality and sustainable development.

14.01-2 Sustainable agricultural land use Objective To encourage sustainable agricultural land use. Strategies 

Ensure agricultural and productive rural land use activities are managed to maintain the longterm sustainable use and management of existing natural resources.



Encourage sustainable agricultural and associated rural land use and support and assist the development of innovative approaches to sustainable practices.

14.02-1 Catchment planning and management Objective To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment. Strategies 

Protect water catchments and water supply facilities to ensure the continued availability of clean, high-quality drinking water.



Consider the impacts of catchment management on downstream water quality and freshwater, coastal and marine environments.



Retain natural drainage corridors with vegetated buffer zones at least 30m wide along each side of a waterway to maintain the natural drainage function, stream habitat and wildlife corridors and landscape values, to minimise erosion of stream banks and verges and to reduce polluted surface runoff from adjacent land uses.



Undertake measures to minimise the quantity and retard the flow of stormwater runoff from developed areas.



Encourage measures to filter sediment and wastes from stormwater prior to its discharge into waterways, including the preservation of floodplain or other land for wetlands and retention basins.



Ensure that works at or near waterways provide for the protection and enhancement of the environmental qualities of waterways and their instream uses.



Ensure land use and development proposals minimise nutrient contributions to waterways and water bodies and the potential for the development of algal blooms.



Require the use of appropriate measures to restrict sediment discharges from construction sites.

14.02-2 Water quality Objective To protect water quality. Strategies 

Protect reservoirs, water mains and local storage facilities from potential contamination.



Ensure that land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and groundwater resources, rivers, streams, wetlands, estuaries and marine environments.



Discourage incompatible land use activities in areas subject to flooding, severe soil degradation, groundwater salinity or geotechnical hazards where the land cannot be sustainably managed to ensure minimum impact on downstream water quality or flow volumes.

14.02-3 Water conservation Objective To ensure that water resources are managed in a sustainable way. Strategies 

Encourage the use of alternative water sources such as rainwater tanks, stormwater and recycled water by governments, developers and households.



Ensure the development of new urban areas and green spaces takes advantage of any opportunities for effluent recycling.



Protect areas with potential to recycle water for forestry, agriculture or other uses that can use treated effluent of an appropriate quality.

Local Planning Policy Framework The Amendment is consistent with Local Planning Policy Frameworks of the Nillumbik Planning Scheme and supports relevant objectives and strategies of the Municipal Strategic Statement as included below:

21.03-3 Environment, Conservation & Landscape Catchments and Water Quality The condition of rivers and tributaries in the Shire ranges from excellent in the forested northern part of the Shire to poor in the urban areas. Decline in water quality is also associated with unsustainable land management practices, excessive vegetation clearance, unrestricted stock access to streambanks and low flow rates associated with the proliferation of private dams and drought. Land Systems and Land Capability The majority of the Shire has thin, highly dispersive soils with low fertility that are subject to erosion. Other common soil limitations include compaction, leaching of nutrients, waterlogging and the potential for soil salinity. As a result of these various natural constraints, the capability of much of the Shire for agricultural purposes is average. Native Flora and Fauna Much of the Shire remains heavily vegetated, particularly in the non-urban undulating regions and along the major rivers and creeks. Although conservation publicly owned land plays an important role in protecting biodiversity including specific vegetation communities, there is also significant remnant vegetation which occurs on privately owned land. In locations where high environmental values occur on private land, there is a need to ensure appropriate planning controls apply to protect the biodiversity values. Sites of Environmental Significance Identification, protection and enhancement of the environmentally significant sites and strengthening of the connecting habitat links will assist the maintenance of biodiversity within the Shire and surrounding areas. Major environmental features within the Shire are: 

Major public reserves including Kinglake National Park, Plenty Gorge Park, Warrandyte State Park and Panton Hill Bushland Reserve System.



All of the major watercourses (notably Yarra River, Plenty River, Diamond Creek, Arthurs Creek and Watsons Creek).



Habitat links along the major watercourses.



The strategic habitat link connecting Kinglake National Park to Warrandyte State Park.



The east-west habitat links connecting the Plenty River, Diamond Creek and Yarra River.

Conservation Open Space

The Shire of Nillumbik contains extensive areas of open space for the purposes of conservation. These areas are mainly connected to the major river and creek systems. In particular Council manages wetlands and riparian parkland along the Diamond and Watsons Creeks. Environmental Hazards - Influences With respect to environmental issues in the Shire of Nillumbik, the following influences must be considered: 

Although comparatively rich in native flora and fauna there are a number of key environment threatening processes that are occurring within the Shire. Five major threats have been identified (Beardsell 1997): 

Habitat destruction, modification and fragmentation mainly through land clearing and other processes such as dieback.



Water quality decline as a result of pollution, soil erosion, reduced flow rates and poor catchment management.



Urban/human disturbance, particularly the impact of residential development, recreational activities and fire.



Declining range/population of rare or threatened native species caused by habitat loss and ecosystem imbalances favouring certain species to the detriment of other species.



Introduced species impact - notably weeds, pests and the loss of limited resources such as hollow logs as a result of direct competition.



The Shire’s waterways are highly important for their environmental, landscape and cultural significance. Increased awareness of the environmental impacts of stormwater on waterway values has led to the need to protect waterways from inappropriate stormwater treatments.



Land use and development should reflect the limitations and threats posed by land capability, risk of fire, flood, stormwater management and the availability of physical services. In regards to proposed development in flood prone areas all potential detrimental environmental effects need to be addressed and the importation of fill in an attempt to raise the natural level of the land would be considered inappropriate. Regional and local catchment strategies that identify sustainable land management practices and appropriate land uses should be supported.

21.04-2 Nillumbik Shire ‘Council Plan’ The Council Plan goals include: 

To enable a better future for Nillumbik residents and encourage healthy, safe and resilient communities through the provision of quality services.



To preserve and nurture the natural environment of the Green Wedge for future and current generations through responsible leadership and stewardship.



To provide infrastructure and plan for a built environment which respects and preserves the unique character of the Green Wedge.

21.04-4 The Framework Plan This clause identifies future land use directions including: 

A nature and landscape conservation focus throughout the Shire, enhancing the natural features of the rivers and mountains.



A network of strategic habitat links north-south along the waterways (from Kinglake National Park to Yarra River).



Bushland conservation through the Kinglake Ranges, Yarra Valley Parklands and Plenty Gorge Park, including substantial areas of public land, and environmental living areas at the Bend of Islands, Dunmoochin and along the Plenty Gorge fringe.

21.05-2 Rural Land Use Objective 3 To ensure that any new dwelling built in the non-urban area does not adversely impact on the primary production activities carried out on the land or on the environmental values of the land. Strategies 

Encourage sites to be used according to land capability, and be managed to avoid or minimise adverse impacts on the quality and quantity of natural resources, surrounding land and the catchment.

Objective 5 To protect and enhance rural landscape character. Strategies 

Conserve bushland and encourage revegetation.



Ensure uses, buildings and works in rural and low-density residential areas maintain or enhance the landscape character of the locality, including views to the site



Encourage the planting of indigenous vegetation and discourage the planting of exotic Species.

21.05-3 Environment, Conservation & Landscape Objective 1 To protect and enhance sites of environmental significance Strategies 

Protect areas of environmental significance, by restricting land uses and development that may adversely impact on native flora and fauna.



Establish a shire wide network of strategic habitat links and retain high value conservation land in public ownership wherever possible.



Incorporate the retention and enhancement of strategic habitat links into subdivision plans and site management plans where appropriate.



Encourage the retention of vegetated areas of sufficient size that maintains the viability of faunal populations and vegetation communities and protects biodiversity and other significant environmental values.



Identify significant nature conservation values and develop actions to ensure their long term survival.



Protect remnant vegetation by encouraging the use of Trust for Nature Conservation Covenants on private bush land.



Encourage the protection and enhancement of sites of environmental significance with planting of indigenous vegetation rather than exotics.



Encourage siting and design of dwellings that avoids the need to remove native vegetation



Protect all wetlands, floodplains and native habitat areas from inappropriate land use, development and works including dam construction

Objective 2 To ensure land use and development is assessed in the context of its potential effect on the wider catchment and encourage sustainable land management. Strategies 

Encourage land uses which complement land capability, improve water quality and maintain environmental flows.



Encourage coordinated environmental management of public and private land.



Protect the natural systems including land, air and water from pollution and detrimental activities in accordance with relevant State legislation including State Environment Protection Policies, best practice environmental management guidelines and approved catchment strategies.



Refer to Melbourne Water’s Diamond Creek and Plenty River Streamflow Management Plans when responding to permit applications within these catchments.



Protect all waterways within the Shire from disturbance and pollution caused by inappropriate land use, development and works including dam construction.



Ensure land use and development is consistent with identified land capability and environmental constraints and is managed to have minimum adverse impact on neighbouring properties and the catchment.



Protect rural land from subdivision and development that impacts on the ability of the land to undertake sustainable land management practices.



Where a permit is required for agriculture, seek to apply conditions requiring the protection of native vegetation (e.g. fencing off remnant vegetation).

Objective 5 To avoid and mitigate the limitations and threats posed by environmental hazards in land use and development. Strategies 

Ensure that development in areas subject to inundation and flooding is appropriately designed and managed to minimise risk and to protect the environmental values of the site including water quality and streamside habitat.



Ensure that development, including vegetation removal, takes into account the potential risk of soil erosion, stormwater quality, soil expansion and landslip.

Objective 6 To promote resource conservation Strategies 

Encourage retention and planting of indigenous vegetation through planning provision and environmental initiatives, recognising the role that vegetation plays in reducing greenhouse gas emissions.

Objective 7 To protect and enhance conservation areas and identify opportunities to create and link areas of open space in accordance with the Open Space Strategy. Strategies 

Encourage large lot rural land use and rural living opportunities that protect the environmental and landscape values of major conservation areas such as the Plenty Gorge Park, Kinglake National Park and the Yarra River Valley.



Strongly encourage the design of subdivisions to incorporate the potential for open space linkages and the retention of remnant vegetation and drainage lines as parts of open spaces.



Develop and implement site management plans for conservation areas of high environmental sensitivity owned and managed by Council.



Retain high value conservation land in public ownership.

Undertaking Further Strategic Work 

Review the coverage of ESO4 waterways to consider inclusion of additional significant waterways such as Running Creek and Deep Creek in Arthurs Creek, Pigeon Bank Creek and Stony Creek in Kangaroo Ground/North Warrandyte.

21.03-5 Infrastructure Recreation and open space The open space network, especially along the waterways, has retained large areas of native vegetation and plays a key role in protecting rare and threatened flora, fauna and vegetation communities.

21.06 Future Strategic Work & Education Review Environmental Significance Overlay Schedule 4 (Waterways) to consider inclusion of additional waterways.

Discussion Table 2. The current and proposed ESO schedule numbers. ESO

Current

Proposed

1

Sites Of Faunal And Habitat Significance

Core Habitat

2

Yarra River Environs

Buffer Habitat

3

Plenty River Environs

Environmentally Significant Habitat in Township and Residential Areas

4

Waterways

Waterways

Issues with the current Overlays The existing ESO4 is outdated and inconsistent with the latest science. With only a 30m buffer along the five main tributaries of high stream order (5th order and above), the current overlay is inadequate to meet river health and biodiversity protection objectives. The current lack of protection of lower order streams (1st to 4th) is also impacting on water quality and river health as evident in the poor index of stream condition ratings. It is proposed to combine three existing Environmental Significance Overlays; ESO2 Yarra River, ESO3 Plenty River and ESO4 Waterways into one new waterways overlay. This will provide a more streamlined planning scheme and better protect sensitive riparian environments and the threatened species they contain though a wider ESO application based on stream order as recommended by Melbourne Water and the latest research. The existing planning scheme provisions do not contain relevant objectives that highlight the ecological significance of waterways and riparian vegetation and the need to prevent inappropriate development. The existing ESO2 Yarra River will be removed as the objectives and controls are the same, or similar to, that proposed in the new waterway ESO. Its removal will avoid overlap and reduce duplication in the Nillumbik planning scheme. The existing ESO3 Plenty River will be removed as the objectives and controls are the same, or similar to, that proposed in the new waterway ESO. Its removal will avoid overlap and reduce duplication in the Nillumbik planning scheme. The existing ESO4 Waterways objectives mainly relate to hydrology whereas the proposed ESO will include more biodiversity objectives to better protect the ecological values of the riparian vegetation.

The proposed Overlay Melbourne Water advised its support for the proposal in a letter of 19 November 2014: Melbourne Water would be likely to view favourably and support an Environmental Significance Overlay (waterways) applied to all waterways in the Nillumbik Shire Council area. As outlined in this report, buffers on low-order streams and wider buffers than 30m are required for the following reasons: 

To protect Powerful Owl habitat as required under the FFG Action Statement.



To protect nest and roost trees along the Diamond Creek and Yarra Rivers with 100m buffers as recommended in Large Forest Owl Planning and Management Guidelines.



To protect Dwarf Galaxias habitat as required under the EPBC National Recovery Plan and FFG Action Statement.



To conserve Platypus habitat as required in the Healthy Waterways Strategy.



To protect Riparian Forest EVC which contains larger trees with hollows.



To improve water quality and Index of Stream Condition ratings.



To moderate stream temperatures.



To provide food and resources for fauna.



To improve in-stream biodiversity.

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To maintain and reconnect wildlife corridors.

The proposed Planning Scheme Amendment (PSA) will implement the objectives of the State Environment Protection Policy (Waters of Victoria) because it aims to achieve improvements to the waters entering into the Yarra River and Port Phillip Bay. The Degradation of native riparian vegetation along Victorian rivers and streams Action Statement refers to the Native Vegetation Framework which no longer applies. The new Biodiversity Assessment Guidelines is based on large scale, highly inaccurate mapping and provides an as-ofright to clear vegetation across most of the state. Therefore under the current clause 52.17 planning provisions the continued decline in riparian vegetation cover and river health is certain without further controls. Clause 21.05-3 Environment, Conservation & Landscape within the MSS provides the strategic justification for the application of this overlay schedule, especially through the objectives; 1. To protect and enhance sites of environmental significance, and 2. To ensure land use and development is assessed in the context of its potential effect on the wider catchment and encourage sustainable land management. Objective 2 includes a strategy to ‘protect all waterways within the Shire from disturbance and pollution caused by inappropriate land use, development and works including dam construction’. Under this clause Undertaking Further Strategic Work includes to ‘review the coverage of ESO4 waterways to consider inclusion of additional significant

waterways such as Running Creek and Deep Creek in Arthurs Creek, Pigeon Bank Creek and Stony Creek in Kangaroo Ground/North Warrandyte’. The proposed overlay will address this aim. The aim of the revised planning controls is to improve clarity and give more specific objectives and decision guidance, leading to greater certainty about the outcomes of planning decisions. This should assist both developers and the community, meaning less time and money spent on development proposals and appeals. Stronger planning controls benefit not only the general community who enjoy the waterways and adjacent parks, but adjoining residents who may not be in favour of developments that are out of character with a secluded, leafy riverside environment. A proposed ESO4 applied to all waterways across Nillumbik Shire (increased from the current 5 major waterways) will provide a trigger for a permit and the role of the ESO4 will be to guide decision makers as to what activities may or may not be compatible adjacent to a waterway with enhancement the riparian zone encouraged. These revised buffers will ensure the application of the ESO4 is more consistently applied and that the strategies for catchment management at Clause 14.02-1 are more broadly considered and applied. Recommended changes relate to the construction of buildings and works, and removal of vegetation. The aim is to ensure protection of waterway environs including: 

Protecting trees and other vegetation, including riparian vegetation.



Allowing sufficient space for the planting and growth of canopy trees.



Using colours, materials and building designs that complement the environment.

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Maintaining the sense of seclusion the corridor provides to those using the riparian zone.

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Ensuring buildings on visible slopes and skylines are subordinate to vegetation and views are filtered through trees.

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Ensuring development is compatible with floodplain management.

The proposed ESO is based on Melbourne Water’s Waterway corridors; Guidelines for greenfield development areas within the Port Phillip and Western Port region 2013, which recommends riparian buffers in accordance with the Strahler stream order. This provides increasing buffer widths as the stream order increases; 1st and 2nd order streams have a minimum 20m setback, 3rd order streams have a minimum 30m setback, and 4th order and greater streams have a minimum 50m setback on both banks. Surf Coast Shire recently introduced a new waterway ESO through PSA C85 using this method. Table 3. The current, proposed and some comparison riparian buffer widths based on stream order.

Stream order

Nillumbik Current ESO4

Nillumbik Proposed ESO4

NSW Planning Scheme

MW Greenfield Corridors

1

x

20m

10m

20m

2

x

20m

20m

20m

3

x

30m

30m

30m

4

x

50m

40m

50m

5 (Arthurs Creek)

30m

50m

40m

50m

6 (Diamond Creek)

30m

50m

40m

50m

7 (Plenty River)

30m

50m

40m

50m

A buffer of 50m on streams 6th order and above, such as Diamond Creek downstream of the confluence with Arthurs Creek, would provide better protection from urban impacts, improve river health and provide wildlife habitat. This would better protect the previous extent of Riparian Forest EVC which extends 100-200m either side of Diamond Creek and contains the large trees with hollows required by threatened fauna. This would also better protect wetlands and land for future potential stormwater capture and treatment systems, like that Council constructed in Hurstbridge, and to meet future open space and recreational trail objectives. However such a significant change from the current 30m buffer is unlikely to be supported at this stage. Waterways within the Shire are integral to the environmental systems that support biodiversity. They provide relatively undisturbed habitat corridors between larger areas of remnant vegetation and water catchment areas support many of the threatened flora and fauna species in the Shire. The rehabilitation and protection of riparian habitat in urban and rural areas is of ecological, economic, aesthetic and recreational benefit, and is an essential priority for Council. These areas will be protected from inappropriate development by the application of this overlay.

Conclusion This report demonstrates that there is strong policy support at a local and state government level for greater protection of waterways. The waterways in Nillumbik form important riparian habitat corridors of significant conservation and recreational value. Riparian land is vulnerable and is the ‘last line of defence’ for aquatic ecosystems against the impacts of land use elsewhere in the catchment. The water quality in all of the waterways in this area is impacted by runoff from adjacent land uses and in some sections, the discharge of sewage effluent from septic tanks. Wellvegetated riparian buffers are essential to filter this runoff to maintain waterway health which, as measured by the Index of Stream Condition, has improved little since 1999 in Nillumbik. Riparian zones typically have the best soil quality with higher soil moisture, humidity and nutrient content then neighbouring land leading to increased plant biomass production. Because of this, much of the riparian vegetation in Nillumbik has been cleared for agriculture and damaged through stock access to waterways. However these areas are also the most important for biodiversity due to their high productivity and variable habitats resulting in increased species diversity. Riparian zones support terrestrial biodiversity through providing refuge, foraging and breeding habitat and movement corridors across the landscape. Trees in riparian environments have faster growth rates and therefore are larger and able to form the hollows required by arboreal wildlife including the threatened Powerful Owl. Fortunately, the importance of managing riparian land well is increasingly being recognised, and protection, rehabilitation and restoration work is being undertaken at local, regional, state and national levels. Melbourne Water’s Healthy Waterways Strategy notes the challenges for waterway health in the Middle Yarra system include the impacts of urbanisation and agricultural activity. Melbourne Water aims to improve river health with targets to increase vegetation condition and amenity to high in the next 20 years through continued work to link vegetated areas, and to improve flow and habitat works for platypus along Diamond Creek. Excluding stock from waterways and riparian land is one of the quickest and easiest ways of improving waterway health. Healthy waterways and healthy riparian land can lead to healthier stock, healthier farms and a healthier bottom line. Financial incentives and practical assistance are available to farmers to help them undertake these works such as Melbourne Water’s Stream Frontage Management Program. Therefore it is recommended that the existing ESO2, 3 and 4 are combined into a new ESO4 which is applied to all waterways in the Shire with the width of the ESO coverage based on stream order to improve river health and biodiversity in Nillumbik.