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SUPPLEMENTARY INVESTIGATION REPORT TREE GEEBUNG (Persoonia arborea) NOOJEE-TANJIL STATE FORESTS CENTRAL HIGHLANDS (Ballantynes Saddle, Mt Baw Baw Tourist Road) VicForests' logging coupe: 461-503-0009 Abstract This report provides additional information regarding the presence, failure to identify, lack of protection from disturbance, and now destruction of mature threatened Tree Geebungs (Persoonia arborea) previously detailed in an investigation report of 13 May 2019, “190513 - Ballantynes Saddle_Mt Baw Baw Tourist Road_Noojee-Tanjil State Forest - Tree Geebung detections – FFRC ”. Numerous mature threatened Tree Geebung (Persoonia arborea) plants were reported within the 13 May report. Tree Geebung is considered vulnerable to extinction in Victoria and relevant sections of the regulatory framework governing logging operations in Victoria require that mature Tree Geebung plants be protected from disturbance. This report reiterates that VicForests within coupe 461-503-0009 have scheduled, demarcated and logged an area of forest failing to protect mature Tree Geebung plants from disturbance and that logging contractors operating within coupe 461-503-0009 have disturbed, damaged and/or destroyed mature Tree Geebung plants. Non-compliance with the regulatory framework’s Code of Practice for Timber Production 2014 that requires protection from disturbance of mature Tree Geebung plants is a breach of the law. As such, VicForests’ logging planning and the logging harvesting contractor’s operations within coupe 491-503-0009 have been illegal. The Victorian government Department of Environment, Land, Water and Planning (DELWP) has failed to ensure that further damage to mature Tree Geebung’s did not occur by failing to restrain further logging operations within coupe 461-503-0009 and by failing to prosecute VicForests’ and the logging harvesting contractor operating within coupe 461-503-0009 for illegal logging. The methodology, results, discussion and recommendations arising from this investigation are further detailed within this report. Status of Site Logging operations were ongoing within coupe 461-503-0009 in May 2019 as well as on 21 October 2019 and appear to have concluded as of 23 October 2019. Surveyors Andrew Lincoln Authors Andrew Lincoln Fauna and Flora Research Collective Inc. [email protected] Date of Investigation 21,23/10/2019 Date of report 30/10/2019 191030 - Supplementary Report_Ballantynes Saddle_461-503-0009_Logging of Mature Tree Geebungs_FFRC 1/11
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TREE GEEBUNG - WordPress.com · VicForests’ and the logging harvesting contractor operating within coupe 461-503-0009 for illegal logging. The methodology, results, discussion and

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Page 1: TREE GEEBUNG - WordPress.com · VicForests’ and the logging harvesting contractor operating within coupe 461-503-0009 for illegal logging. The methodology, results, discussion and

SUPPLEMENTARY INVESTIGATION REPORT

TREE GEEBUNG(Persoonia arborea)

NOOJEE-TANJIL STATE FORESTSCENTRAL HIGHLANDS

(Ballantynes Saddle, Mt Baw Baw Tourist Road)

VicForests' logging coupe:461-503-0009

AbstractThis report provides additional information regarding the presence, failure to identify, lack of protection from disturbance, and now destruction of mature threatened Tree Geebungs (Persoonia arborea) previously detailed in an investigation report of 13 May 2019, “190513 - Ballantynes Saddle_Mt Baw Baw Tourist Road_Noojee-Tanjil State Forest - Tree Geebung detections – FFRC”.

Numerous mature threatened Tree Geebung (Persoonia arborea) plants were reported within the 13 May report. Tree Geebung is considered vulnerable to extinction in Victoria and relevant sections of the regulatory framework governing logging operations in Victoria require that mature Tree Geebung plants be protected from disturbance.

This report reiterates that VicForests within coupe 461-503-0009 have scheduled, demarcated and logged an area of forest failing to protect mature Tree Geebung plants from disturbance and that logging contractors operating within coupe 461-503-0009 have disturbed, damaged and/or destroyed mature Tree Geebung plants.

Non-compliance with the regulatory framework’s Code of Practice for Timber Production 2014 that requires protection from disturbance of mature Tree Geebung plants is a breach of the law. As such, VicForests’ logging planning and the logging harvesting contractor’s operations within coupe 491-503-0009 have been illegal.

The Victorian government Department of Environment, Land, Water and Planning (DELWP) has failed to ensure that further damage to mature Tree Geebung’s did not occur by failing to restrain further logging operations within coupe 461-503-0009 and by failing to prosecute VicForests’ and the logging harvesting contractor operating within coupe 461-503-0009 for illegal logging.

The methodology, results, discussion and recommendations arising from this investigation are further detailed within this report.

Status of Site• Logging operations were ongoing within coupe 461-503-0009 in May 2019 as well as on 21

October 2019 and appear to have concluded as of 23 October 2019.

SurveyorsAndrew Lincoln

AuthorsAndrew LincolnFauna and Flora Research Collective [email protected]

Date of Investigation21,23/10/2019

Date of report30/10/2019

191030 - Supplementary Report_Ballantynes Saddle_461-503-0009_Logging of Mature Tree Geebungs_FFRC 1/11

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Investigation Location OverviewFigure A. Investigation location: VicForests logging coupe 461-503-0009 off the Mount Baw Baw Tourist Road at Ballantynes Saddle in the Noojee-Tanjil State Forests, Central Highlands.

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Method 1 (method used) and Results 1 (overview and table)

Equipment Used• Digital Photo/Video Camera• Global Positioning System (GPS)

[Garmin GPSMAP 62s]

• Measuring Tape

Method used/Results SummaryTree Geebung ( Persoonia arbor ea ) [ 21-23 /10/2019]

1. On 21 and 23 October 2019, locations where Tree Geebung individuals had been identified and reported as not yet disturbed at the time of a previous investigation report (“190513 - Ballantynes Saddle_Mt Baw Baw Tourist Road_Noojee-Tanjil State Forest - Tree Geebung detections – FFRC”) (the 13 May report) were revisited.

2. At many of the Tree Geebung locations reported in the 13 May report Tree Geebung individuals were relocated and photographs and video footage of the plants were recorded.

3. Each Tree Geebung located as above had been either significantly disturbed, damaged or destroyed and their condition on 21 and 23 October 2019 was recorded as best as possible. At some of the locations revisited, given the near complete destruction of the Tree Geebung individuals, including even the removal of the trees’ root ball from the ground, and the subsequent burial of the Tree Geebungs under logging slash branches, bark and trunks, only limited recordings of the Tree Geebung individuals located could be made. Recordings of the damaged forest areas around the Geebungs were also made. Some of these photographs and/or still images from video footage recorded are presented in the “Results 2” section below.

4. The following Table 1. below lists the locations of the undamaged Tree Geebungs reported in the 13 May report with a comment regarding their status as observed on 21 and 23 October 2019. (Note: all locations are shown in GDA/UTM position format):

Table 1. Tree Geebung (Persoonia arborea) plant locations revisited on 21 and 23 October 2019 and status

5. The map included below (Figure 3) shows the location of the undamaged Tree Geebungs reported in the 13 May report that were revisited and commented upon in the table above (labeled according to the “Waypoint ID” in the above table) as well as an approximate indicativeextent of logging disturbance recorded as at 191021. Full logging disturbance extent data was not specifically recorded on 21 or 23 October, but an indicative minimum approximate extent of logging disturbance as at 23 October 2019 is shown.

191030 - Supplementary Report_Ballantynes Saddle_461-503-0009_Logging of Mature Tree Geebungs_FFRC 3/11

Waypoint_ID Location StatusBBT02PA 55 H 423339 5810182 Not revisitedBBT05PA 55 H 423503 5810258 Disturbed, damaged and/or destroyed.BBT06PA 55 H 423498 5810262 Disturbed, damaged and/or destroyed.BBT07PA 55 H 423488 5810229 Disturbed, damaged and/or destroyed.BBT08PA 55 H 423401 5810292 Disturbed, damaged and/or destroyed.BBT09PA 55 H 423413 5810296 Disturbed, damaged and/or destroyed.BBT10PA 55 H 423432 5810464 Disturbed and/or damaged.BBT14PA 55 H 423315 5810058 Likely disturbed, damaged and/or destroyed.

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Method 2 (Tree Geebung regulatory framework)

Excerpts from: “Management Standards and Procedures for timber harvesting operations in Victoria’s State forests, 2014”1

“4. Biodiversity

4.2 Flora4.3.1.1 Apply management actions for rare and threatened flora identified within areas

affected by timber harvesting operations as outlined in Appendix 3 Table 14(Rare or threatened flora prescriptions).2

Table 14 Rare or threatened flora prescriptions.3

FMA Commonname

Scientificname

Management

CentralHighlandFMAs

Tree Geebung

Perssonia arborea

Protect mature individuals from disturbance where possible.

Excerpts from: “Advisory list of rare or threatened plants in Victoria - 2014”4

Conservation Status in Victoria [Note: see column “DEPI” in the “Advisory List” excerpt below]

Code Category

x Presumed Extinct in Victoria: not recorded from Victoria during the past 50 years despite field searches specifically for the plant, or, alternatively, intensive field searches (since 1950) at all previously known sites have failed to record the plant.

e Endangered in Victoria: at risk of disappearing from the wild state if present land use and other causal factors continue to operate.

v Vulnerable in Victoria: not presently endangered but likely to become so soon due to continued depletion; occurring mainly on sites likely to experience changes in land-use which would threaten the survival of the plant in the wild; or, taxa whose total population is so small that the likelihood of recovery from disturbance, including localised natural events such as drought, fire or landslip, is doubtful.

r Rare in Victoria: rare but not considered otherwise threatened - there are relatively few known populations or the taxon is restricted to a relatively small area.

k Poorly Known in Victoria: poorly known and suspected, but not definitely known, to belong to one of the above categories (x, e, v or r) within Victoria. At present, accurate distribution information is inadequate.

Excerpt from the “Advisory List”:

1 Management Standards and Procedures for timber harvesting operations in Victoria’s State forests 2014, The State of Victoria Department of Environment and Primary Industries, 2014, pp. 32, 36, 94

2 Management Standards, p. 363 Management Standards, “Table 14 Rare or threatened flora prescriptions.”, p. 944 Advisory list of rare or threatened plants in Victoria - 2014, Department of Environment and Primary Industries,

The State of Victoria Department of Environment and Primary Industries, 2014 pp. 3, 34

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Botanical Name Common Name EPBC DEPI FFG

Vascular Plants

Persoonia arborea Tree Geebung v X

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Results 2 (Tree Geebung photos – locations in GDA/UTM)Figure 2(a). Logged forest area around Tree Geebungs BBT05PA and BBT06PA 55 H 423493 5810255 [191021]

Figure 2(b). Logged Tree Geebung at BBT07PA 55 H 423488 5810229 [191021]

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Figure 2(c). Logged forest area around Tree Geebungs BBT08PA and BBT09PA at 55 H 423402 5810297 showing one Tree Geebung and another likely Tree Geebung almost completely buried beneath freshly piled logging slash [191023]

Figure 2(d). Damaged Tree Geebung (Persoonia arborea) (BXC01PAX) 55 H 423428 5810276 [191023]

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Figure 2(e). Damaged Tree Geebung (Persoonia arborea) (BBT10PA) 55 H 423432 5810464 (GDA/UTM) [191021]

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Results 3 (maps)Figure 3. Damaged Tree Geebung records and approximate indicative logging disturbance at coupe 461-503-0009

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Results 4 (summary)/Discussion/Recommendations

Tree Geebung ( Persoonia arborea ) 1. Within VicForests scheduled and now completed logging coupe 461-503-0009 large mature

Tree Geebung (Persoonia arborea) plants were observed and recorded on 10 May 2019 and were previously detailed in an investigation report of 13 May 2019, “190513 - Ballantynes Saddle_Mt Baw Baw Tourist Road_Noojee-Tanjil State Forest - Tree Geebung detections – FFRC” (the 13 May report). Those records were of both undamaged and damaged plants.

2. Tree Geebung is listed on the Advisory list of rare or threatened plants in Victoria – 2014 (The State of Victoria Department of Environment and Primary Industries, 2014) as “vulnerable” to extinction.5

3. Section 2.2.2.4 of the Code of Practice for Timber Production 2014 (The State of Victoria Department of Environment and Primary Industries, 2014) (the Code) requires as a mandatory action to:

2.2.2.4 During planning identify biodiversity values listed in the Management Standards and Procedures prior to roading, harvesting, tending and regeneration. Address risks to these values through management actions consistent with the Management Standards and Procedures such as appropriate location of coupe infrastructure, buffers, exclusion areas, modified harvest timing, modified silviculturaltechniques or retention of specific structural attributes.6

4. The Code requires through section 4.3.1.1 and Appendix 3 Table 14 of the Management Standards and Procedures for timber harvesting operations in Victoria’s State forests 2014 (The State of Victoria Department of Environment and Primary Industries, 2014) the following: “Protect mature [Tree Geebung] individuals from disturbance where possible”.7

5. Section 1.2.6 of the Code states that compliance with the code is mandatory and that penalties for non-compliance may apply:

Under the Sustainable Forests (Timber) Act 2004, compliance with this Code is mandatory for any person planning for or conducting a timber harvesting operation on State forest. Penalties for noncompliance may apply if timber harvesting operations on State forest are not in accordance with the Code. ...The Code is a prescribed legislative instrument made and enforced under relevant law listed in the Conservation, Forests and Lands Act 1987. For the purposes of each relevant law the Secretary is an authorised officer and is therefore responsible for ensuring compliance with the Code on State forest. Compliance is also monitored by other authorised officers appointed by the Secretary pursuant to the Conservation, Forests and Lands Act 1987.

6. Mature Tree Geebung plants are relatively easy forest plants to detect and identify and in every instance where these plants were encountered within coupe 461-503-0009 during surveys for the 13 May report it was “possible” (and easy) to detect and identify them. Whilst many such Tree Geebung’s had apparently not been identified prior to the 13 May report, VicForests and DELWP were made aware of their precise location in that report.

7. For each of the plants reported it should have been “possible” (and easy) to not disturb them once found by not damaging and/or destroying them or forest areas near them through

5 See the “Method 2” section of this report.6 Code of Practice for Timber Production 2014, The State of Victoria Department of Environment and Primary

Industries, 2014, p. 347 See the “Method 2” section of this report.

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logging activities, such as by marking out adequate buffers and by refraining from bulldozing them with heavy machinery. The 13 May report described the unprotected status of the Tree Geebungs reported and that a failure of DELWP to restrain VicForests, or VicForests to refrain from their ostensive plans would lead to further disturbance.

8. This investigation revisited many of the undamaged plants identified in the 13 May Report and Table 2. below lists each of those undamaged Tree Geebungs and describes their currentstatus as observed on 21 and/or 23 October 2019:

Table 2. Notes on Tree Geebung (Persoonia arborea) plant locations revisited on 21 and 23 October 2019

191030 - Supplementary Report_Ballantynes Saddle_461-503-0009_Logging of Mature Tree Geebungs_FFRC 10/11

Waypoint_ID Location CommentsBBT02PA 55 H 423339 5810182 Not revisitedBBT05PA 55 H 423503 5810258BBT06PA 55 H 423498 5810262

BBT07PA 55 H 423488 5810229

BBT08PA 55 H 423401 5810292BBT09PA 55 H 423413 5810296

BBT10PA 55 H 423432 5810464

BBT14PA 55 H 423315 5810058

The approximate location central to Tree Geebungs BBT05PA and BBT06PA was revisited. No living or standing Tree Geebungs were rediscovered at this location. This area had been intensively bulldozed.One Tree Geebung was found and recorded at about BBT07PA that was knocked over and apparently completely dead, with its root ball removed from the ground and with only a small amount of withering leaves remaining on the tree. The trunk of this tree had flagging tape and forrester’s “hip chain” string wrapped around it that was not observed on any Tree Geebung’s (or other vegetation) at this location at the time of the surveys for the 13 May report.

The approximate location central to Tree Geebungs BBT08PA and BBT09PA was revisited. No undamaged or standing Tree Geebungs were rediscovered at this location. Instead, beneath a large pile of logging slash, one large Tree Geebung individual (as well as another likely individual) were found mostly buried though partially exposed. These two buried trees appeared completely dead or almost so and one trees root ball was observed removed from the ground. One additional Tree Geebung (near to but not believed to be BBT08PA or BBT09PA) was found and recorded nearby at BXC01PAX (55 H 423428 5810276) that appeared more recently knocked over and also with its root ball removed from the ground.Tree Geebung BBT10PA was revisited. This very large Tree Geebung had a bifurcated trunk and one very large diameter fork of this trunk and part of the tree beneath it had been broken off from the tree’s base at approximately 1-2m above ground. The circumference of this tree was measured at 1.3m above ground as approximately 99 cm (equating to a DBH of ~31.51 cm or ~15.75 cm radius). Due to the damage to the tree this measurement may have been larger prior to been disturbed. The leaves of this geebung had not apparently begun to wither at the time of the survey suggesting the damage to the tree had occurred relatively recently to the date of the survey. Fresh logging machinery “caterpillar” tracks, fresh sawdust on large eucalypt trees cut close to the geebung and fresh green eucalypt leaves remaining in the logging trash piles on top of and adjacent to geebung BBT10PA further indicated that the distrubance at this location was very recent. Photographs and video of the trees remaining and broken trunk, broken branches and geebung fruit were recorded, as well as recent and older nearby disturbance at the location. It was also noted that this trees location appeared to be marked by orange flagging tape that was not present during the surveys for the 13 May report. SEE NOTE BELOW TABLE

Whilst this location was not directly revisited to its exact location, while observing this location at a distance of approximately less than 100m it was apparent that no mid storey vegetation like the Tree Geebung previously observed at this location could be seen and the relevant area appeared completely clear-fell logged and destroyed.

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NOTE ON BBT10PA: In a study examining the age of understorey plants in Wet Forests of the Central Highlands “How old are Wet Forest understories?”, Mueck, S. G. et. al., Australian Journal of Ecology, 1996, Vol. 21, Issue 3, pp. 345-348, the researchers measured the radius of two Tree Geebung (Persoonia arborea) individuals at “near ground level” at 9.5 and 10.5 cm and their heights at 12 and 8 m respectively (a height range similar to BBT10PA). The results of that study, following radiocarbon dating of those trees, reported a radio carbon date for one 12 m tall Geebung (9.5 cm radius) as 280 ± 50BP, with the highest probability of the age being between 320 and 510 years old. The same study reported a radio carbon date of one 8 m tall Geebung (10.5 cm radius) as 240 ± 60 BP with the highest probability of the age of that Geebung being between 170 and 500 years old. Tree BBT10PA described above was measured at 1.3 m above ground with a radius ~50% larger than those in the above study indicating the tree may have attained an age similar to those aged above.

9. Having failed to identify, protect and refrain from disturbing mature Tree Geebung plants within coupe 461-503-0009 VicForests and the logging harvesting contractor have acted contrary to the code and have conducted illegal logging operations.

10. The Victorian government Department of Environment, Land, Water and Planning must:a) prosecute VicForests’ and the logging harvesting contractor operating within coupe

461-503-0009 for illegal logging that has disturbed mature Tree Geebung plants.b) ensure that VicForests’ and all logging harvesting contractors identify, protect and

refrain from disturbing all mature Tree Geebung plants throughout the Central Highlands, including by establishing adequate protection zone buffers around all Tree Geebung plants that ensure they are protected from all logging disturbance, including post logging burns.

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