AUSTRALIAN BIODIVERSITY RECORD - Calodema

AUSTRALIAN BIODIVERSITY RECORD 

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2007 (No 10) ISSN 1325-2992 August, 2007 

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A Review of Threatened Species Considerations for the Proposed Rezoning of Lot 2, 

DP 534168 and Lot 11, DP 1044935 Minmi Road, Fletcher, New South Wales for 

Northwest Residential Pty Ltd* 

by 

Richard W. Wells 

P.O. Box 826, Lismore, New South Wales, Australia, 2480 

Summary 

A review of Threatened Species considerations for the Proposed Rezoning of Lot 2, DP 534168 and Lot 

11, DP 1044935 Minmi Road, Fletcher is herein presented. The site was assessed for all Threatened 

fauna and flora species and ecological communities listed under the TSC Act (1995) and the EPBC Act 

(1999) that are considered relevant to the Newcastle LGA. Additionally, all matters deemed to be of 

National Environmental Significance as listed under the EPBC Act that are considered relevant to the 

Newcastle LGA were also considered.It is concluded that no significant impact can be expected on any 

Threatened Species or Endangered Ecological Community, Listed Migratory Species or Listed Wetlands 

by the proposed development of the subject land. 

Small remnants of three Endangered Ecological Communities listed under the TSC Act (1995) were 

detected on the subject property: Lower Hunter Spotted Gum-Ironbark Forest, Swamp Oak Floodplain 

Forest, and Freshwater Wetlands on Coastal Floodplains. 

The Lower Hunter Spotted Gum-Ironbark Forest is believed to represent a distinct as yet unlisted 

assemblage in its own right that is isolated from the core range of Lower Hunter Spotted Gum-Ironbark 

Forest (in the Cessnock-Beresfield area), and has been separately identified as “Coastal Foothills 

Spotted Gum – Ironbark Forest” in the original determination. 

In any case, the remnant present on the property is assessed as insignificant in the broader regional 

context on the basis of its small extent and overall lack of complexity. However, all of the species 

present in this community will still remain on the subject site as the vegetated eastern gullies are to be 

protected from any development. 

The remnants of Swamp Oak Floodplain Forest and Freshwater Wetlands on Coastal Floodplains are to 

be retained on the property. These communities are also very small and highly degraded from the 

impact of cattle grazing and are positioned on the northern edge of the subject site which forms part of 

Hexham Swamp. Hence neither will be subjected to any development activity. 

No Threatened Species that are listed under the TSC Act (19995) or the EPBC Act (1999) have been 

recorded from the subject site. However, as the two major areas of native vegetation remaining on the 

site are to be protected from any development, all significant wildlife habitat will be retained as part of 

the development. 

No significant impact on the remaining native vegetation is expected as the two eastern gullies are to be 

retained as wildlife corridors.It is however recommended that the developers be encouraged to 

revegetate parts of the property with suitable native flora wherever practicable. Should this be achieved 

we have little doubt that following development, this otherwise degraded ecosystem may eventually 

improve significantly as potential habitat for numerous wildlife species – in particular birds.The lower 

northern section of the property that is subjected to periodic inundation from nearby Hexham Swamp, 

should be encouraged to return to a wetland state by the elimination of all grazing activity and the 

application of best practice in the control of runoff from any developments that may occur upslope. 

*Footnote: This report was originally submitted in February, 2006 as an additional part of an 

earlier Development Application for the subject land near Minmi, NSW. The proposed 

development of the site was later approved by the NSW Government conditional upon the 

environmental protection recommendations stated herein and in earlier reports being 

implemented by the developer.

Australian Biodiversity Record, 2007 (10): 1-72 

Introduction 

A detailed flora and fauna survey of Lot 2, DP 534168 and Lot 11, DP 1044935 Minmi Road, 

Fletcher occurred during 2003 [O’Brien et al 2003]. No threatened species or ecological 

communities were then detected on the subject land, but the habitat present on and near the 

property and the general proximity of some threatened species necessitated a number of 8- 

Part Tests as part of the assessment. It was concluded that there would be no significant 

impact on any threatened species from the proposed development. 

Given the time that has elapsed since that study it was considered prudent to review the 

threatened species issues, as a number of species and endangered ecological communities 

have since been added to the Threatened Species Conservation Act (1995) and the 

Commonwealth Environmental Protection and Biodiversity Conservation Act (1999) that may 

now be relevant to the subject property. Additionally, the growing importance of the 

Commonwealth and State Government’s efforts to protect migratory birds and the significant 

nearby Hexham Swamp wetland necessitated a consideration of these issues as well. 

It was determined that some of the vegetation remnants present on the subject land have now 

been listed as Endangered Ecological Communities, viz: Lower Hunter Spotted Gum - 

Ironbark Forest, Swamp Oak Floodplain Forest, and Freshwater Wetlands on Coastal 

Floodplains and these communities have been assessed in this report. 

No threatened species have been added to either legislation since 2003, although a number 

of other threatened species have been recorded in the general region since that period so a 

more extensive consideration of threatened flora and fauna was undertaken in this review 

than was previously the case. 

The previous report on the site only considered the threatened species that had been found 

within about 10 km of Minmi, and only those that had habitat present either on, or within the 

close proximity of the site. While this was satisfactory at the time, this current review has 

considered all threatened species and endangered ecological communities known from a 50 

km radius that could possibly utilise the site – in particular birds. 

According to the planning documents for this site, it is intended to undertake a vegetation 

management plan to assist in the removal of the large concentrations of noxious or exotic 

weeds that are currently established. The weeds are to be replaced by native species from 

the area and this will greatly improve the condition of the remaining native habitats of the 

gullies. The planting of native vegetation to replace the exotics on the property will 

significantly changed the landscape, enhancing natural processes both on and off the site. 

The distribution and abundance of these native plant communities will create a stable and 

complex ecosystem that positively contributes to hydrologic processes, soil stabilisation and 

fauna diversity. 

NSW Threatened Species Conservation Act (1995) Considerations 

Overview of the 8-Part Tests under the EPA Act (1979) and the TSC Act (1995) 

Under Section 5A of the Environmental Planning and Assessment Act of 1979 (as amended 

by the Threatened Species Conservation Act, 1995), an 8-Part Test of Significance may be 

applied to determine whether a proposed development will have a significant impact on 

threatened species, populations or ecological communities, or their habitats 

The Threatened Species Conservation Act came into force on 1 January 1996 and its 

objectives are to conserve threatened species, populations and ecological communities of 

native fauna and flora. This act amends the National Parks and Wildlife Act of 1974 and the 

Environmental Assessment Act of 1979 and repeals the Endangered Fauna (Interim 

Protection) Act of 1991. 

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Specifically, the objectives of the TSC Act are to: 

(a) Conserve biological diversity and to promote ecologically sustainable development; 

(b) Prevent the extinction and to promote the recovery of threatened species, populations and 

ecological communities that are endangered; 

(C) Protect critical habitat of those threatened species, populations and ecological 

communities; 

(d) Eliminate or manage certain processes that threaten the survival or evolutionary 

development of those threatened species, populations and ecological communities; 

(e) Ensure that the impact of threatening actions are properly assessed; and, 

(f) Encourage the conservation of threatened species, populations and ecological 

communities by the adoption of measures involving cooperative management. 

Under Section 5A of the Environmental Planning and Assessment Act of 1979 (as amended 

by the Threatened Species Conservation Act, 1995), an 8-Part Test of Significance may be 

applied to determine whether a development will have a significant impact on threatened 

species, populations or ecological communities, or their habitats. 

Threatened Fauna and Flora 

Known from a 50 km radius of the Minmi Site 

Table 1 – Threatened Fauna and Flora Known from a 50 km radius of the Minmi Site. 

Column 1 denotes conservation status under the NSW Threatened Species Conservation Act 

(1995), with V = Vulnerable, E = Endangered, EP = Endangered Population, and EEC = 

Endangered Ecological Community. Column 2 denotes record status for the Lower Hunter 

Catchment and/or the adjacent Wyong Catchment Management Areas, with YES indicating a 

confirmed record for the region, and PR indicating that the species has been predicted to 

occur in the region based upon the prevailing conditions that are known to be within the 

taxon’s requirements as well as the proximity of other records. Column 3 denotes our 

assessment of the habitat conditions on the Minmi Site for the particular species listed, with 

No indicating that the site is considered unsuitable habitat for the species, M (Marginal) 

indicating that some habitat components are present on the site which may make it suitable at 

least in part as either foraging or breeding habitat for the species listed. Note: The names of 

Endangered Ecological Communities listed below have been abbreviated for convenience 

however they are complete in the footnote to this Table. 

__________________________________________________________________________ 

Species Common Name 1 2 3 

Insects 

Archaeophya adamsi Adam’s Emerald Dragonfly V Yes No 

Frogs 

Crinia tinnula Wallum Froglet V Yes No 

Heleioporus australiacus Giant Burrowing Frog V Yes No 

Litoria aurea Green and Golden Bell Frog E Yes M 

Litoria brevipalmata Green-thighed Frog V Yes No 

Litoria littlejohni Littlejohn’s Tree Frog V Yes No 

Mixophyes balbus Stuttering Barrred Frog E Yes No 

Mixophyes iteratus Giant Barred Frog E Yes No 

Pseudophryne australis Red-crowned Toadlet V Yes No 

Reptiles 

Hoplocephalus bitorquatus Pale-headed Snake V Yes No 

Hoplocephalus bungaroides Broad-headed Snake E Yes No 

Hoplocephalus stephensi Stephens’ Banded Snake V Yes No 

Varanus rosenbergi Rosenberg’s Goanna V Yes No 

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Birds 

Burhinus grallarius Bush Stone-curlew E Yes No 

Lophoictinia isura Square-tailed Kite V PR M 

Pandion haliaetus Osprey V Yes No 

Ninox connivens Barking Owl V Yes No 

Ninox strenua Powerful Owl V Yes No 

Tyto novaehollandiae Masked Owl V Yes M 

Tyto tenebricosa Sooty Owl V Yes No 

Callocephalon fimbriatum Gang-gang Cockatoo V Yes No 

Calyptorhynchus lathami Glossy Black-cockatoo V Yes M 

Lathamus discolor Swift Parrot E Yes M 

Neophema pulchella Turquoise Parrot V Yes M 

Ptilinopus magnificus Wompoo Fruit-dove V Yes No 

Ptilinopus regina Rose-crowned Fruit-dove V Yes No 

Ptilinopus superbus Superb Fruit-dove V Yes No 

Calidris alba Sanderling V Yes No 

Calidris tenuirostris Great Knot V Yes No 

Charadrius leschenaultia Greater Sand-plover V Yes No 

Charadrius mongolus Lesser Sand-plover V Yes No 

Haematopus fuliginosus Sooty Oystercatcher V Yes No 

Haematopus longirostris Pied Oystercatcher V Yes No 

Limicola falcinellus Broad-billed Sandpiper V Yes No 

Limosa limosa Black-tailed Godwit V Yes No 

Sterna albifrons Little Tern E Yes No 

Xenus cinereus Terek Sandpiper V Yes No 

Botaurus poiciloptilus Australasian Bittern V Yes No 

Ephippiorhynchus asiaticus Black-necked Stork E Yes M 

Irediparra gallinacea Comb-crested Jacana V Yes M 

Ixobrychus flavicollis Black Bittern V Yes No 

Rostratula benghalensis Painted Snipe E PR No 

Anseranas semipalmata Magpie Goose V Yes M 

Nettapus coromandelianus Cotton Pygmy-goose E Yes M 

Oxyura australis Blue-billed Duck V Yes M 

Stictonetta naevosa Freckled Duck V Yes M 

Climacteris picumnus victoriae Brown Treecreeper (E. subsp) V Yes No 

Melanodryas cucullata cucullata Hooded Robin (SE subsp) V Yes No 

Pomatostomus t. temporalis Grey-crowned Babbler (E.subsp)V Yes No 

Pyrrholaemus sagittatus Speckled Warbler V Yes No 

Stagonopleura guttata Diamond Firetail V Yes No 

Grantiella picta Painted Honeyeater V Yes No 

Melithreptus g. gularis Black-chinned Honeyeater V Yes No 

Xanthomyza phrygia Regent Honeyeater E Yes M 

Mammals 

Chalinolobus dwyeri Large-eared Pied Bat V Yes No 

Falsistrellus tasmaniensis Eastern False Pipistrelle V Yes M 

Kerivoula papuensis Golden-tipped Bat V Yes No 

Miniopterus australis Little Bentwing-bat V Yes M 

Miniopterus s. oceanensis Eastern Bentwing-bat V Yes M 

Mormopterus norfolcensis Eastern Freetail-bat V Yes M 

Myotis adversus Large-footed Myotis V Yes No 

Nyctophilus timoriensis Greater Long-eared Bat V Yes M 

Pteropus poliocephalus Grey-headed Flying-fox V Yes M 

Saccolaimus flaviventris Yellow-bellied Sheathtail-bat V Yes M 

Scoteanax rueppellii Greater Broad-nosed Bat V Yes M 

Vespadelus troughtoni Eastern Cave Bat V Yes M 

Phascolarctos cinereus Koala V Yes No 

Dasyurus maculatus Spotted-tailed Quoll V Yes No 

Phascogale tapoatafa Brush-tailed Phascogale V Yes No 

Planigale maculata Common Planigale V PR No 

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Macropus parma Parma Wallaby V Yes No 

Petrogale penicillata Brush-tailed Rock-wallaby E Yes No 

Potorous tridactylus Long-nosed Potoroo V Yes No 

Thylogale stigmatica Red-legged Pademelon V PR No 

Cercartetus nanus Eastern Pygmy-possum V Yes No 

Petaurus australis Yellow-bellied Glider V Yes No 

Petaurus norfolcensis Squirrel Glider V Yes M 

Pseudomys gracilicaudatus Eastern Chestnut Mouse V Yes No 

Plants 

Zannichellia palustris Zannichellia palustris E Yes No 

Acacia pendula Weeping Myall population E Yes No 

Cynanchum elegans White-flowered Wax Plant E Yes No 

Baloskion longipes Dense Cord-rush V PR No 

Chamaesyce psammogeton Sand Spurge E Yes No 

Goodenia macbarronii McBarron’s Goodenia V Yes No 

Maundia triglochinoides Maundia triglochinoides V Yes No 

Persicaria elatior Tall Knotweed V Yes No 

Rutidosis heterogama Heath Wrinklewort V Yes No 

Senecio spathulatus Coast Groundsel E Yes No 

Caladenia tessellata Tessellated Spider Orchid E Yes No 

Cryptostylis hunteriana Leafless Tongue Orchid V Yes No 

Diuris pedunculata Small Snake Orchid E Yes No 

Diuris praecox Rough Double Tail V PR No 

Diuris sheaffiana Pine Donkey Orchid V Yes No 

Genoplesium insignis Variable Midge Orchid E Yes No 

Pterostylis gibbosa Illawarra Greenhood E Yes No 

Acacia bynoeana Bynoe’s Wattle E Yes No 

Astrotricha crassifolia Thick-leaf Star-hair V PR No 

Callistemon linearifolius Netted Bottle Brush V Yes No 

Darwinia glaucophylla Darwinia glaucophylla V Yes No 

Epacris p. purpurascens No Common Name V Yes No 

Grevillea p. parviflora Small-flower Grevillea V Yes No 

Hibbertia procumbens Spreading Guinea Flower E Yes No 

Melaleuca groveana Grove’s Paperbark V PR No 

Persoonia pauciflora North Rothbury Persoonia E Yes No 

Philotheca ericifolia Philotheca ericifolia V Yes No 

Pomaderris queenslandica Scant Pomaderris E Yes No 

Pomaderris reperta Denman Pomaderris E Yes No 

Prostanthera askania Cut-leaf Mint-bush E Yes No 

Prostanthera cineolifera Singleton Mint Bush V Yes No 

Prostanthera cryptandroides Wollemi Mint-bush V PR No 

Prostanthera junonis Somersby Mintbush E Yes No 

Pultenaea maritima Coast Headland Pea V Yes No 

Rulingia prostrata Dwarf Kerrawang E PR No 

Tetratheca glandulosa Tetratheca glandulosa V Yes No 

Tetratheca juncea Black-eyed Susan V Yes No 

Angophora inopina Charmhaven Apple V Yes No 

Eucalyptus camaldulensis River Red Gum popl E Yes No 

Eucalyptus camfieldii Camfield’s Stringybark V Yes No 

Eucalyptus castrensis Singleton Mallee E Yes No 

Eucalyptus fracta Broken Back Ironbark V Yes No 

Eucalyptus glaucina Slaty Red Gum V Yes No 

Eucalyptus oblonga Narrow-leaved Stringybark EP Yes No 

Eucalyptus parramattensis decadens No Common Name V Yes No 

Eucalyptus p. parramattensis No Common Name EP Yes No 

Eucalyptus pumila Pokolbn Mallee V Yes No 

Melaleuca biconvexa Biconvex Paperbark V Yes No 

Syzygium paniculatum Magenta Lilly Pilly V Yes No 

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Endangered Ecological Communities 

Freshwater wetlands on coastal floodplains EEC Yes Yes 

Hunter Lowland Redgum Forest EEC Yes No 

Kurri Sand Swamp Woodland EEC Yes No 

Littoral Rainforest EEC PR No 

Norah Head Low woodland EEC Yes No 

Lower Hunter Spotted Gum-Ironbark Forest EEC Yes Yes 

Quorrobolong Scribbly Gum Woodland EEC Yes No 

River-Flat Eucalypt Forest EEC Yes No 

Swamp oak floodplain forest EEC Yes Yes 

Swamp sclerophyll forest EEC Yes No 

Sydney Freshwater Wetlands EEC Yes No 

Umina Coastal Sandplain Woodland EEC Yes No 

Warkworth Sands Woodland EEC Yes No 

White Box Yellow Box Woodland EEC PR No 

__________________________________________________________________________________ 

Footnote: The full names of the Endangered Ecological Communities that either occur or are predicted to occur 

within the region are: Freshwater wetlands on coastal floodplains of the NSW North Coast, Sydney Basin and South 

East Corner bioregions; Hunter Lowland Redgum Forest in the Sydney Basin and NSW North Coast Bioregions; 

Kurri Sand Swamp Woodland in the Sydney Basin Bioregion; Littoral Rainforest in the NSW North Coast, Sydney 

Basin and South East Corner Bioregions; Low woodland with heathland on indurated sand at Norah Head; Lower 

Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion; Quorrobolong Scribbly Gum Woodland in the 

Sydney Basin Bioregion; River-Flat Eucalypt Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin 

and South East Corner bioregions; Swamp oak floodplain forest of the NSW North Coast, Sydney Basin and South 

East Corner bioregions; Swamp sclerophyll forest on coastal floodplains of the NSW North Coast, Sydney Basin and 

South East Corner bioregions; Sydney Freshwater Wetlands in the Sydney Basin Bioregion; Umina Coastal 

Sandplain Woodland in the Sydney Basin Bioregion; Warkworth Sands Woodland in the Sydney Basin Bioregion; 

and, White Box Yellow Box Blakely’s Red Gum Woodland. 

_____________________________________________________________________________________________ 


Remnants (albeit highly degraded) of Lower Hunter Spotted Gum – Ironbark Forest, Swamp 

Oak Floodplain Forest, and Freshwater Wetlands on Coastal Floodplains are present near 

and on the site in question. Under the EP&A Act (1979) and the TSC Act (1995), all are 

required to be considered by an 8-Part Test in the event of any development proposal that 

could affect these entities. 

Definitions Compared to Site Conditions 

The definitions of the three Endangered Ecological Communities existing on the subject land 

derived from the original final determinations are found in Appendix 2. The floral diversity of 

the subject land is found in O’Brien et al (2003) 

Discussion on the Significance of 

Lower Hunter Spotted Gum – Ironbark Forest at Fletcher 

Based upon the definitions within the Final Determination for Lower Hunter Spotted Gum – 

Ironbark Forest being listed as an Endangered Ecological Community [see Appendix 1] this 

review concludes that a remnant of this “community” can be considered as present on the 

subject land at Fletcher. Strictly speaking however, on the basis of the definition contained 

within the original determination, and the structure of the remnant on the subject land, it would 

appear that the Fletcher assemblage is floristically distinct from Lower Hunter Spotted Gum- 

Ironbark Forest as legally defined. It actually represents a distinct as yet unlisted assemblage 

in its own right that is isolated from the core range of Lower Hunter Spotted Gum-Ironbark 

Forest (in the Cessnock-Beresfield area), and has been separately identified as “Coastal 

Foothills Spotted Gum – Ironbark Forest” in the original determination. 

The assemblage at Fletcher may be considered as an isolated stand of the main community, 

or even as a separate alliance in its own right. This raises the possibility that the biological 

validity of Lower Hunter Spotted Gum-Ironbark Forest as a separate community may be 

uncertain. It is clear however that it forms only part of a much larger community (the “Hunter- 

Macleay Dry Sclerophyll Forest”) that was described in 2004 by Keith. If this is correct, then it 

would demote the Endangered Ecological Community of “Lower Hunter Spotted Gum- 

Ironbark Forest” to merely being just one of many separate assemblages of species where 

6


Spotted Gum have adapted to different physiographic conditions like soils and climate 

between the Central Coast and the Lower North Coast. 

Regardless of its biological reality, there is a requirement to consider the Lower Hunter 

Spotted Gum-Ironbark Forest present on the subject land as a distinct entity. In an endeavour 

to assess the significance of the remnant present, a few matters should be considered. 

The “Lower Hunter Spotted Gum-Ironbark Forest” on the subject land is actually almost a 

pure stand of relatively young Spotted Gum, with a distinct absence of any trees that could be 

even remotely considered as “old growth”. 

Further, only a very small number of the component species that make up Lower Hunter 

Spotted Gum-Ironbark Forest have actually been detected on the subject land, with the main 

component being the Spotted Gum Tree and this species being largely confined a few 

hectares of the southern boundary near Minmi Road. There is very little understorey of either 

the shrub layer or ground layer that conforms to the species mix identified in the original 

determination (see below). Further, the trees appear to be an even-aged stand, with very little 

recent regeneration judging by the paucity of sappling growth. 

The stand is almost totally devoid of any native understorey or ground covers, being 

dominated by numerous species of exotic pasture weeds and grasses. That virtually no native 

ground layer or mid-layer community is present amonst the Spotted Gum may be a 

consequence of the grazing of the site by horses, cattle and to a lesser extent rabbits. 

Additionally, the site had experienced one of the longest droughts in Australia’s history until 

just the last few months, and these factors could have played a major part in the low species 

diversity now present around the Spotted Gum. 

The understorey of Lower Hunter Spotted Gum-Ironbark Forest in its core range is usually 

marked by the tall shrub, Acacia parvipinnula which was not detected on the subject property 

at Fletcher. Other species that co-occur in Lower Hunter Spotted Gum-Ironbark Forest are the 

prickly shrubs, Daviesia ulicifolia, Bursaria spinosa, Melaleuca nodosa and Lissanthe 

strigosa. Other shrubs include Persoonia linearis, Maytenus silvestris and Breynia 

oblongifolia. Some frequent species of the ground layer usually include Cheilanthes sieberi, 

Cymbopogon refractus, Dianella revoluta, Entolasia stricta, Glycine clandestina, 

Lepidosperma laterale, Lomandra multiflora, Microlaena stipoides, Pomax umbellata, Pratia 

purpurascens, Themeda australis and Phyllanthus hirtellus. Of these, Daviesia ulicifolia, 

Bursaria spinosa, Melaleuca nodosa, Persoonia linearis, Maytenus silvestris, Breynia 

oblongifolia, Cheilanthes sieberi, Cymbopogon refractus, Entolasia stricta, Glycine 

clandestina, Lepidosperma laterale, Lomandra multiflora, Microlaena stipoides, Pratia 

purpurascens, and Themeda australis are present on the subject property only as scattered 

plants. 

The full compliment of plant species that usually occur in this vegetation community 

elsewhere do not occur on the subject property. It should be noted that none of the cooccuring 

species are exclusive to the Lower Hunter Spotted Gum – Ironbark Community. In 

fact they may occur in all the other dry woodland vegetation communities in eastern New 

South Wales as well. 

The previous flora surveys of this property detected two of the dominants of Lower Hunter 

Spotted Gum-Ironbark Forest – Corymbia maculata and Eucalptus fibrosa – as forming only a 

small part of a complex undefined woodland community that mainly persisted with the two 

eastern gullies of the subject property. 

The Spotted Gum were largely confined to a single even-aged stand near the southern 

portion of the property, where they had been retained mainly as a shelter belt around the 

owner’s residence and nearby horse stables, as well as along main driveway to house. 

Scattered individual trees were also located in within the main gully precincts, as well as 

along part of the boundary fenceline with Minmi Road. 

7


To regard this stand on the property as a distinct ecological community is equivocal. Its 

physiography and structure suggested a fairly recent colonisation of the property by at least 

the Spotted Gum (Corymbia maculata), but this is by no means certain. However, the 

presence of many other species of native trees and shrubs on the property that are not part of 

the original definition of Lower Hunter Spotted Gum-Ironbark Forest or any other ecological 

community, questions the legitimacy of Lower Hunter Spotted Gum-Ironbark Forest being a 

distinct biological entity (community) here. 

The previous vegetation surveys on the property indicated that the site contained a species 

mix that did not conform to the definitions of any vegetation communities either listed as an 

Endangered Ecological Community in the TSC Act (1995) or the EPBC Act (1999). Indeed, 

the remnants indicated a disclimactic mixture of woodland and forest species that more 

refected the particular site conditions and the past disturbance history of the property than 

any discrete biological entities that were consistent with natural biological communities. 

Moreover, it continues to suggest that the vegetation of the property represents fragments of 

a number of separate communities that were long ago cleared and have patchily regenerated. 

This has created a mainly single disclimactic forest “community” that has progressively 

established itself over the site following the disturbances and introductions consistent with the 

property’s agricultural use over many years. 

The Spotted Gum and Ironbarks may just be elements (either fragmentary remnants or even 

introductions) among a greater assemblage of species that would have not normally be found 

in the same community. This is a common situation whereever human-induced habitat 

changes occur, the most extreme examples being of course parks and gardens in urban 

landscapes. 

Alternatively, this species could have once naturally occupied the property along the higher 

elevations judging by the distribution of the species on surrounding lands. The original 

Spotted Gum may have been cleared from the site many decades ago as they were from 

much of the district, for its use as timber. There is evidence that the species was so heavily 

utilised locally for various hardwood timber products, that a sawmill dedicated solely to 

Spotted Gum processing existed locally until just a few years ago. 

If the Spotted Gum were once part of the original forest community of the site before the 

property was cleared for agriculture, some of the older scattered trees may indeed by 

regenerated from underground lignotubers that persisted on the property. 

The remnant that survives on the property appears to be concentrated along the southern 

boundary with Minmi Road, and is located opposite adjacent lands where this Spotted Gums 

occur over thousands of hectares of lands to the immediate south and west of the subject 

land at Fletcher. 

It is therefore possible that this could indicate a partial founder effect of the species expanding 

into the subject land through simple windblown seed dispersal. This is distinctly possible 

given the mainly even-aged stand of the trees, and the total lack of any old-growth examples 

of Spotted Gum on the subject land as previously mentioned. 

It is a pioneer species – rapidly moving into disturbed habitats to dominate other slower 

growing species of tree. It is a fast growing species that can produce huge numbers of 

seedlings if the conditions allow. In some areas the Spotted Gum is regraded as a serious 

pest species that invades other woodland communities and creates ecological havoc in the 

process. On the Central Coast and Lower Hunter it was also widely planted as a commercial 

timber tree, and now represents the dominate forest type in areas that were previously 

cleared of other vegetation communities. It has great tolerance of disturbance such as fire, 

reproducing by lignotubers and seedlings spread on the wind. It natural undisturbed woodland 

it is far less in number, and its presence as a dominant species usually indicates a response 

to habitat disturbance. 

8


None of the ground cover or shrub layer species used to identify the Spotted Gum – Ironbark 

Community are actually restricted to that community. Indeed as mentioned all species of both 

the ground and shrub layers are known from other ecological communities and many of those 

listed in the original determination are grasses that are widespread in eastern Australia. By 

simple definition the only species that appears to identify the Spotted Gum – Ironbark 

Community is the Spotted Gum itself, but even it occurs within other vegetation communities 

as well. Further, no fauna species are in fact restricted to the Spotted Gum – Ironbark 

Community – although there is no doubt that the Spotted Gums and Ironbarks are 

ecologically valuable as a food and shelter resource for a number of threatened bird and 

mammal species. 

To return to the original point, it begs the question as to whether or not the Spotted Gum – 

Ironbark Community is a distinct community in a biological sense. It is possible that the 

“Lower Hunter Spotted Gum – Ironbark Community” may be more likely an amalgam of a 

number of separate vegetation associations within a traditional Dry Sclerophyll Forest 

community, with each species mix being mainly a reflection on the prevailing lithology and 

climate of the area in which they occur. 

Another major problem with the biology of this “community” definition is simply the fact that 

the Spotted Gum Tree is treated as a dominant species, but in reality the species is a rapidgrowing 

pioneer species that flourishes following various disturbances to its habitat. In 

undisturbed climax situations the Spotted Gum is much less abundant than other species of 

trees. However, once an area is disturbed say through fire or clearing, it may rapidly spread in 

a colonizing fashion to quickly form an almost pure stand of trees that can persist until other 

slower growing Eucalypt species regenerate. In the early or interim stages of habitat recovery, 

such fast-growing Spotted Gums may indeed dominate part of a Dry Sclerophyll Forest 

community, and this fact was recognized long ago by silvicultural experts who practiced 

widespread planting or seeding of Spotted Gum for future timber use on the central coast and 

elsewhere. The natural reproduction of Spotted Gum from these past silvercultural activities 

has no doubt possibly spread this species into some areas in which it is now regarded as a 

remnant of an “Endangered Ecological Community”. 

In keeping with the requirements of the Threatened Species Conservation Act (1999) and the 

EP and A Act (1979), the following 8-Part Test is applied to the entity present on the subject 

land at Minmi Rd., Fletcher regardless of its biological validity. 

Significance of Swamp Oak Floodplain Forest at Fletcher 

The remnant of this ecological community is less than 1 hectare in total area in its best 

assemblage. It has been highly disturbed by the grazing activities of cattle over many years, 

and very few of the species that would normally comprise this assemblage were detected 

during the original flora survey. The removal of cattle following development of the site could 

be expected to allow the community to recover and eventually expand over the lower northern 

edges of the property. A few scattered specimens of the dominant Melaleuca and Casuarina 

trees of this community were also found isolated in the more poorly drained areas of grazing 

land mostly on the lower reaches of the property as well, and some are obviously of a 

considerable age. As the community is primarily located on that part of the property that 

comprises the edge of Hexham Swamp, no development will occur here, so the remnant will 

be left undisturbed. 

Significance of Freshwater Wetlands on Coastal Floodplains at Fletcher 

This community is also in a highly degraded state due to the prolonged grazing impacts of 

cattle, with very few of the species mix that were identified in the original determination 

actually being detected during the flora survey. It is however more extensive on the lower 

northern part of the subject land bordering Hexham Swamp, with several hectares surviving in 

the wetter parts. As the community is totally located on that part of the property that 

comprises the edge of Hexham Swamp, no development will occur here, so the remnant will 

be left undisturbed and is expected to rapidly recover once the cattle are removed. 

9


8-Part Tests of Significance 

8-part Test of Significance under Section 5A EP&A Act (1979) and the Threatened 

Species Conservation Act (1995) for the Lower Hunter Spotted Gum - Ironbark Forest 

remnant of Lot 2 and Lot 11, Minmi Road, Fletcher, New South Wales 

(a) In the case of a threatened species, whether the life cycle of the species is likely to be 

disrupted such that a viable local population of the species is likely to be placed at risk of 

extinction. 

This point refers only to a species, so it is not really necessary to comment any further 

because the entity under consideration is an ecological community. However, all of the plant 

and animal species detected within the remnant on the site are common and widespread 

taxa. None of the native species of flora and fauna remaining on the subject site are likely to 

be disrupted such that any viable local populations of the species would be placed at risk of 

extinction. 

(b) In the case of an endangered population, whether the life cycle of the species that 

constitutes the endangered population is likely to be disrupted such that the viability of the 

population is likely to be significantly compromised. 

None of the populations of plants remaining near the site have been listed as endangered 

populations, therefore none of the native populations remaining on the site are likely to be 

disrupted such that the viability of any population will be significantly compromised. 

(c) In relation to the regional distribution of the habitat of a threatened species, population or 

ecological community, whether a significant area of known habitat is to be modified or 

removed. 

The area to be affected by the proposed development is totally insignificant when compared 

to the known distributional area of the Lower Hunter Spotted Gum - Ironbark Forest 

community within its overall distribution. The remnant of this ecological community on the 

subject land is essentially confined to scattered even-aged stands of Spotted Gums and 

Ironbarks that occur mainly as shade trees along fence lines, around the owner’s home and 

along the access driveway. The proximity of some the trees to areas proposed for 

development on the subject property will result in losses of those trees, but this will not result 

in their overall loss from the subject property, as these species also occur within the gullies 

that will be protected from development. Despite this however, it is recommended, that 

wherever practicable, the larger Spotted Gums and Ironbark trees should be retained. This is 

due to their potential value as food sources for a number of other threatened species that, 

although not recorded from the property, may potentially use the site once they have 

recovered from current threatening processes elsewhere. This is particularly important 

because, in a regional context, the highly fragmented nature of the surviving remnants 

throughout the region indicates that all surviving patches may differ in their size, composition 

and ecological functionality in a broader ecosystem context. In this consideration all patches 

must be regarded as potentially significant, in particular the more mature trees which are rarer 

and therefore likely in greater demand by wildlife for their resources. 

(d) Whether an area of known habitat is likely to become isolated from currently 

interconnecting or proximate areas of habitat for a threatened species, population or 

ecological community. 

The remnant portions of Lower Hunter Spotted Gum - Ironbark Forest on the site are already 

effectively isolated by surrounding agricultural activities, roads and urbanisation. Hence at 

present, they do not form any significant corridor linkage for wildlife over the majority of the 

property. As the remnants are for the most part scattered and largely surrounded by cleared 

paddocks and roads, their viability through connectance with other similar habitat has already 

been seriously compromised many decades ago. There is minimal connectance between the 

Spotted Gums and Ironbarks in the two eastern gullies of the subject property and other areas 

10


of Lower Hunter Spotted Gum - Ironbark Forest to the south. As these two gullies on the 

property are to be protected from any development, opportunities for their use as wildlife 

corridors will still occur. 

(e) Whether critical habitat will be affected. 

Presently, no areas of designated critical habitat for this ecological community have been 

identified under the provisions of the Threatened Species Conservation Act of 1995. Under 

this Act, critical habitat means the whole or any part or parts of an area or areas of land 

comprising the habitat of an endangered species, population or ecological community that is 

critical to the survival of the species, population or ecological community. Critical habitat is to 

be identified by the Director-General of the National Parks and Wildlife Service and declared 

by the Minister for the Environment. 

(f) Whether a threatened species, population or ecological community, or their habitats, are 

adequately represented in conservation reserves (or other similarly protected areas) in the 

regional environment of the species, population or community. 

It has been noted that this vegetation community is poorly reserved. This is certainly the case 

in some parts of its range, as much of the early European settlement of the Central Coast and 

Hunter Valley quickly encroached upon the environment where this community occurred. 

There are no Reserves where pristine examples of the Lower Hunter Spotted Gum - Ironbark 

Forest are conserved and it is unlikely that any undisturbed examples of this habitat now 

exist. There are however extensive stands of this plant community throughout the rural areas 

of the Hunter Valley, and these are in a much more complete state than any that now remain 

east of the Watagan Ranges. However, the nearby 129-hectare Blue Gum Hills Regional Park 

south of Minmi reserves examples of this community, and it also commonly occurs on the 

adjacent private properties south of Minmi Road. 

(g) Whether the development or activity proposed is of a class of development or activity that 

is recognized as a threatening process. 

Key threatening processes are regarded as a threatening process which (a) adversely affects 

2 or more threatened species, populations or ecological communities, and (b) could cause 

species, populations or ecological communities that are not threatened to become threatened. 

No final determinations for any key threatening processes that would affect the ecological 

community of Lower Hunter Spotted Gum - Ironbark Forest have been identified in the 

provisions of the Threatened Species Conservation Act of 1995. In any case, the proposed 

development concerning the present subject site is not of a class of development or activity 

that is recognised as a key threatening process. 

(h) Whether any threatened species, population or ecological community is at the limit of its 

known distribution. 

The small regenerated remnant of Lower Hunter Spotted Gum - Ironbark Forest on the site is 

near the limit of the known distribution of this community. Although Lower Hunter Spotted 

Gum - Ironbark Forest still occurs across thousands of hectares of the Central Coast and 

Hunter Valley in New South Wales this is the only region where such a community exists. 


Species Conservation Act (1995) for the Swamp Oak Floodplain Forest remnant of Lot 

2 and Lot 11, Minmi Road, Fletcher, New South Wales 



extinction. 




11




extinction. 









removed. 

The area of the subject property that contains this community is totally insignificant when 

compared to the known distributional area of the Swamp Oak Floodplain Forest community 

within its overall distribution. The remnant of this ecological community on the subject land is 

essentially confined to an isolated stand of vegetation less than one hectare in area near the 

northern boundary of the property, where no development will occur. This remnant will be 

totally conserved on the subject property, and indeed, may be expected to vigorously expand 

following the cessation of the present cattle grazing that the site has long been subjected to. 




The remnant portion of Swamp Oak Floodplain Forest on the site is already effectively 

isolated by surrounding agricultural activities (cattle grazing). Hence at present, it does not 

form any significant corridor linkage for wildlife over the majority of the property. As the 

remnant is for the most part isolated and largely surrounded by cleared paddocks, its viability 

through connectance with other similar habitat has already been seriously compromised 

many decades ago. 












Like most other wetland communities, this vegetation community is poorly reserved. This is 

certainly the case in the Hunter Valley, where only very small areas of this habitat now 

survive. There are no Reserves where pristine examples of the Swamp Oak Floodplain Forest 

are conserved and it is unlikely that any undisturbed examples of this habitat now exist in the 

Newcastle LGA, although some rehabilitation works in the Shortlands Wetlands have been 

very successful. There are numerous small patches still surviving on private properties 

fringing nearby Hexham Swamp as well. 



12






community of Swamp Oak Floodplain Forest have been identified in the provisions of the 

Threatened Species Conservation Act of 1995. In any case, the proposed development 

concerning the present subject site is not of a class of development or activity that is 

recognised as a key threatening process. 



The small remnant of Swamp Oak Floodplain Forest on the site is not at the limit of the known 

distribution of this community. Swamp Oak Floodplain Forest still occurs across thousands of 

hectares of coastal New South Wales. 


Species Conservation Act (1995) for the Freshwater Wetlands on Coastal Floodplains 

remnant of Lot 2 and Lot 11, Minmi Road, Fletcher, New South Wales 



extinction. 






extinction. 









removed. 

The area of the subject property that contains this community is totally insignificant when 

compared to the known distributional area of the Freshwater Wetlands on Coastal Floodplains 

community within its overall distribution. The remnant of this ecological community on the 

subject land is essentially confined to a degraded area of lowland where it exists as scattered 

isolated stands of regenerated vegetation near the northern boundary of the property. No 

development will occur on this part of the property. Consequently, this remnant will be totally 

conserved on the subject property, and indeed, may be expected to expand following the 

cessation of the present cattle grazing. 




The remnant portion of Freshwater Wetlands on Coastal Floodplains on the site is already 

effectively isolated by surrounding agricultural activities (cattle grazing). Hence at present, it 

does not form any significant corridor linkage for wildlife over the majority of the property. As 

13


the remnant is for the most part isolated and largely surrounded by cleared paddocks, its 

viability through connectance with other similar habitat has already been seriously 

compromised many decades ago. As no development will occur in or near this habitat, the 

area of known habitat is not likely to become isolated from currently interconnecting or 

proximate areas of similar habitat. 












This vegetation community is poorly reserved. There are no Reserves where pristine 

examples of the Freshwater Wetlands on Coastal Floodplains are conserved in the Hunter 

region and it is unlikely that any undisturbed examples of this habitat now exist even in the 

entire Newcastle LGA, although some rehabilitation wetland works have been beneficial of 

the conservation of this community. There are numerous small patches still surviving on 

private properties fringing nearby Hexham Swamp as well. 







community of Freshwater Wetlands on Coastal Floodplains have been identified in the 

provisions of the Threatened Species Conservation Act of 1995. In any case, the proposed 

development concerning the present subject site is not of a class of development or activity 

that is recognised as a key threatening process. 



The small remnant of Freshwater Wetlands on Coastal Floodplains on the site is not at the 

limit of the known distribution of this community. Freshwater Wetlands on Coastal Floodplains 

still occurs across thousands of hectares of coastal New South Wales, although vast areas 

have been lost to development and agriculture over the last century. Numerous coastal 

National Parks contain examples of this habitat, although with a few exceptions such as Myall 

Lakes NP, such remnants are usually relatively small. 

14


Commonwealth EPBC Act (1999) Considerations 

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), provides a 

national framework for environment protection through a focus on protecting matters of 

national environmental significance and on the conservation of Australia's biodiversity. 

Migratory species listed under international agreements to which Australia is a party are 

identified as a matter of national environmental significance under the Act. 

The Act recognises migratory species, including migratory shorebirds, as ‘a matter of national 

environmental significance’, along with wetlands of importance as listed under the Convention 

on Wetlands (Ramsar), nationally threatened species and ecological communities. 

The Act provides for Commonwealth assessment and approval of actions that are likely to 

have a significant impact on a matter of national environmental significance. 

The Australian Government is conserving migratory waterbirds through a number of 

international agreements such as the Ramsar Convention and the Convention on Migratory 

Species (CMS), and throughout the East Asian- Australasian Flyway, bilateral migratory bird 

agreements with Japan (JAMBA) and China (CAMBA). 

Australia also cooperates with countries throughout the Asia-Pacific region to conserve 

waterbirds and their habitat under the Asia Pacific Migratory Waterbird Conservation Strategy 

and its component Action Plan for the Conservation of Migratory Shorebirds in the East 

Asian-Australasian Flyway: 2001-2005. 

The EPBC Act provides for the development and implementation of Wildlife Conservation 

Plans. The Australian Government Department of the Environment and Heritage is preparing 

a Wildlife Conservation Plan for Migratory Shorebirds in consultation with relevant 

stakeholders. The aims are to provide a strategic framework for the management of migratory 

shorebirds in Australia and to outline national activities to support flyway initiatives. 

EPBC Protected Matters – Guidelines for Assessment 

Under the environmental assessment provisions of the EPBC Act, actions that are likely to 

have a significant impact on a matter of National Environmental Significance are subject to a 

rigorous assessment and approval process. An action includes a project, development, 

undertaking, activity, or series of activities. 

The Commonwealth’s Administrative Guidelines on Significance assist in determining what is 

a 'significant impact' under the EPBC Act and they are quoted below: 

Wetlands of international importance 

An action will require approval from the Environment Minister if the action has, will have, or is 

likely to have a significant impact on the ecological character of a declared Ramsar wetland. 

(However, an action does not require approval if it is covered by one of the exceptions 

identified in the Act.) 

A declared Ramsar wetland is an area that has been designated under Article 2 of the 

Ramsar Convention or declared by the Minister for the Environment to be a declared Ramsar 

wetland in accordance with section 16 the Act. 

Note that an action which has, will have, or is likely to have a significant impact on the 

ecological character of a declared Ramsar wetland might take place outside the 

boundaries of the wetland. 

Criteria 

An action has, will have, or is likely to have a significant impact on the ecological character of 

a declared Ramsar wetland if it does, will, or is likely to result in: 

15


Areas of the wetland being destroyed or substantially modified, or 

A substantial and measurable change in the hydrological regime of the wetland for example, 

a substantial change to the volume, timing, duration and frequency of ground and surface 

water flows to and within the wetland, or 

The habitat or lifecycle of native species dependant upon the wetland being seriously 

affected, or 

A substantial and measurable change in the physico-chemical status of the wetland for 

example, a substantial change in the level of salinity, pollutants, or nutrients in the wetland, or 

water temperature which may adversely impact on biodiversity, ecological integrity, social 

amenity or human health, or 

An invasive species that is harmful to the ecological character of the wetland being 

established in the wetland* 

* Introducing an invasive species into or near the wetland may result in that species becoming 

established. An invasive species may cause harm by direct competition with native species, 

modification of habitat, or predation. 

Listed Threatened Species and Ecological Communities 


likely to have a significant impact on a species listed in any of the following categories: 

*extinct in the wild, 

*critically endangered, 

*endangered, or 

*vulnerable. 

An action will also require approval from the Environment Minister if the action has, will have, 

or is likely to have a significant impact on an ecological community listed in any of the 

following categories: 

*critically endangered, or 

*endangered. 

An action does not require approval if it is covered by one of the exceptions identified in the 

Act. 

Some of the criteria below refer to the concept of 'habitat critical to the survival of a species or 

ecological community'. This habitat includes the critical habitat for many species and 

community identified in recovery plans for those species/communities and the critical habitat 

on the Register maintained by the Minister for the Environment under the Act. The absence of 

a recovery plan or the fact that an area may not be listed on the Register of Critical Habitat 

does not mean that there is no habitat critical to the survival of the species or community. 

Habitat critical to the survival of a species or ecological community may include areas that are 

necessary: 

*For activities such as foraging, breeding, roosting, or dispersal, 

*For succession, 

*To maintain genetic diversity and long term evolutionary development, or 

16


*For the reintroduction of populations or recovery of the species / community. 

Habitat critical to the survival of a species or ecological community will depend largely on the 

particular requirements of the species/community in question. For example, areas only 

incidentally used by a vulnerable species, and which the species is unlikely to be dependent 

upon for its survival or recovery, are not areas of habitat critical to the survival of a species or 


Some of the criteria below refer to actions likely to lead to a 'long-term decrease' in the size of 

a population or a 'long-term adverse affect' on a community. Depending on the level of 

endangerment and the nature of the action, not all actions which create an immediate 

decrease in the population of a nationally listed threatened species or impact on a community 

will have long-term consequences. For example, an action which causes injury or death to 

only one or a very small number of a species will not, except in the case of the most 

endangered of species, generally lead to a long-term or irreversible decrease in the 

population that normal processes, rates of mortality and recruitment could not buffer. 

Extinct in the wild species 

Criteria 

An action has, will have, or is likely to have a significant impact on extinct in the wild species if 

it does, will, or is likely to: 

*Adversely affect a captive or propagated population or one recently introduced/reintroduced 

to the wild, or 

*Interfere with the recovery of the species or its reintroduction into the wild. 

Critically endangered and endangered species 

Criteria 

An action has, will have, or is likely to have a significant impact on a critically endangered or 

endangered species if it does, will, or is likely to: 

*Lead to a long-term decrease in the size of a population, or 

*Reduce the area of occupancy of the species, or 

*Fragment an existing population into two or more populations, or 

*Adversely affect habitat critical to the survival of a species, or 

*Disrupt the breeding cycle of a population, or 

*Modify, destroy, remove, isolate or decrease the availability or quality of habitat to the extent 

that the species is likely to decline, or 

*Result in invasive species that are harmful to a critically endangered or endangered species 

becoming established in the endangered or critically endangered species' habitat*, or 

*Interfere with the recovery of the species. 

*Introducing an invasive species into the habitat may result in that species becoming 

established. An invasive species may harm a critically endangered or endangered species by 

direct competition, modification of habitat, or predation. 

17

Vulnerable species 


Criteria 

An action has, will have, or is likely to have a significant impact on a vulnerable species if it 

does, will, or is likely to: 

*Lead to a long-term decrease in the size of an important population of a species, or 

*Reduce the area of occupancy of an important population, or 

*Fragment an existing important population into two or more populations, or 

*Adversely affect habitat critical to the survival of a species, or 

*Disrupt the breeding cycle of an important population, or 

*Modify, destroy, remove or isolate or decrease the availability or quality of habitat to the 

extent that the species is likely to decline, or 

*Result in invasive species that are harmful a vulnerable species becoming established in the 

vulnerable species' habitat, or 

*Interferes substantially with the recovery of the species. 

An important population is one that is necessary for a species' long-term survival and 

recovery. This may include populations that are: 

*Key source populations either for breeding or dispersal, 

*Populations that are necessary for maintaining genetic diversity, and/or 

*Populations that are near the limit of the species range. 

# Introducing an invasive species into the habitat may result in that species becoming 

established. An invasive species may harm a vulnerable species by direct competition, 


Critically endangered and endangered ecological communities 

Criteria 

An action has, will have, or is likely to have a significant impact on a critically endangered or 

endangered ecological community if it does, will, or is likely to: 

*Lead to a long-term adverse affect on an ecological community, or 

*Reduce the extent of a community, or 

*Fragment an occurrence of the community, or 

*Adversely affect habitat critical to the survival of an ecological community, or 

*Modify or destroy abiotic (non-living) factors (such as water, nutrients, or soil) necessary for 

the community's survival, or 

*Result in invasive species that are harmful to the critically endangered or endangered 

community becoming established in an occurrence of the community*, or 

*Interfere with the recovery of an ecological community. 

18


In addition to the above information, Commonwealth adopted Recovery Plans may also 

provide further guidance on whether an action is likely to be significant. 

# Introducing an invasive species into the occurrence may result in that species becoming 

established. An invasive species may harm a critically endangered or endangered ecological 

community by direct competition, modification of habitat, or predation. 

Listed Migratory Species 


likely to have a significant impact on a listed migratory species. (However, an action does not 

require approval if it is covered by one of the exceptions identified in the Act.) 

Note that some migratory species are also listed as threatened species. The criteria below 

are relevant to migratory species that are not threatened. 

Criteria 

An action has, will have, or is likely to have a significant impact on a migratory species if it 

does, will, or is likely to: 

*Substantially modify (including by fragmenting, altering fire regimes, altering nutrient cycles 

or altering hydrological cycles), destroy or isolate an area of important habitat of the migratory 

species, or 

*Result in invasive species that is harmful to the migratory species becoming established in 

an area of important habitat of the migratory species, or 

*Seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an 

ecologically significant proportion of the population of the species. 

An area of important habitat is: 

*Habitat utilised by a migratory species occasionally or periodically within a region that 

supports an ecologically significant proportion of the population of the species, or 

*Habitat utilised by a migratory species which is at the limit of the species range, or 

*Habitat within an area where the species is declining. 

Listed migratory species cover a broad range of species with different life cycles and 

population sizes. Therefore, what is an ecologically significant proportion of the population 

varies with the species (each circumstance will need to be evaluated). 

# Introducing an invasive species into the habitat may result in that species becoming 

established. An invasive species may harm a migratory species by direct competition, 


The Act identifies seven matters of National Environmental Significance: 

World Heritage properties; 

National heritage places; 

Wetlands of international importance (Ramsar wetlands); 

Threatened species and ecological communities; 

Migratory species; 

Commonwealth marine areas; and 

Nuclear actions (including uranium mining). 

19


Summary of EPBC Act Protected Matters 

Matters of National Environmental Significance 

The subject land and the proposed development falls within the Newcastle Local Government 

Area. Consequently, all matters of national environmental significance that may occur in, or 

may relate to, the subject area are required to be considered. The appropriate Administrative 

Guidelines on Significance are discussed in the Preamble to the EPBC Act earlier in this 

report. Should it be determined or assessed that an activity will have a significant impact on 

one or more matters of national environmental significance then there is a clear requirement 

for Commonwealth concurrence. 

A summary follows that lists all such matters as defined under the Environmental Protection 

and Biodiversity Conservation Act (1999) that are known to occur within the Newcastle LGA 

regardless of their relevance to the particular site at Minmi. All matters regarded as relevant 

for consideration are dealt with in this report. 

World Heritage Properties: [None] 

National Heritage Places: [None] 

Wetlands of International Significance (Ramsar Sites): [Relevant] 1 

Commonwealth Marine Areas: [Not Relevant] 

EPBC Listed Threatened Ecological Communities: [None] 

EPBC Listed Threatened Species: [Relevant] 36 

Migratory Species: [Relevant] 39 

Other Matters Protected by the EPBC Act 

Commonwealth Lands: 8 [Not Relevant] 

Commonwealth Heritage Places: 4 [Not Relevant] 

Places on the RNE: 8 [Not Relevant] 

Listed Marine Species: 59 [Not Relevant] 

Whales and Other Cetaceans: 12 [Not Relevant] 

Critical Habitats: [None] 

Commonwealth Reserves: [None] 

State and Territory Reserves: 3 [Not Relevant] 

Other Commonwealth Reserves: [None] 

Regional Forest Agreements: 1 [Not Relevant] 

Discussion on Matters of National Environmental Significance 

1. Wetlands of International Significance (Ramsar Sites) 

HUNTER ESTUARY WETLAND (RAMSAR 24) 

The Hunter Estuary Wetlands Ramsar site comprises Kooragang Nature Reserve (designated 

to the Ramsar list in 1984) and Shortland Wetlands, which forms part of Hexham Swamp. 

Although the Kooragang and Shortland sites are not contiguous they have significant 

linkages. 

Kooragang Nature Reserve is located in the estuary of the Hunter River, approximately 7km 

north of Newcastle on the coast of New South Wales. Shortland Wetlands are located in the 

Ironbark Creek Catchment in the suburb of Shortland, 12km northwest of Newcastle and 2.5 

km from Kooragang Nature Reserve. The Ironbark Creek Catchment, which also includes 

20


Hexham Swamp, is a sub-catchment of the Hunter Estuary. The two sites are linked 

hydrologically and by a wildlife corridor consisting of Ironbark Creek, the Hunter River and 

Ash Island (NPWS 1998). The sites are complementary as together they provide a 

representative range of wetland types found in coastal estuaries within the Sydney Basin 

biogeographic region. They provide habitat for a great diversity of flora and fauna species that 

are common to both sites and are highly used by numerous waterbird species for feeding and 

roosting. The Hunter Wetland Estuary is the most important area for shorebirds in NSW 

(Smith 1991). The site provides habitat for numerous threatened species listed under the 

NSW Threatened Species Conservation Act (1995). 

Significance of Hexham Swamp/Shortland Wetlands 

The site of the proposed rezoning is positioned on the south-western boundary of Hexham 

Swamp and, as mentioned above, there is strong ecological and hydrological connectance 

between Hexham Swamp, Shortland Wetlands and the western end of Kooragang Nature 

Reserve (NPWS 1998). Any development that affects Hexham Swamp must therefore be 

assessed for its potential to impact on the internationally significant Ramsar Wetland No 24. 

Changes in the natural flow regime have been caused by the original clearing for agriculture, 

construction of flood mitigation works, like gates and drainage canals, the establishment of 

garbage dumps, the construction of a power transmission lines and other services, transport 

corridors, and numerous surrounding developments like residential and industrial areas. All of 

these have had a huge impact on the hydrology and ecology of the Hexham 

Swamp/Shortland Wetland ecosystem, and there is no doubt that at the time of European 

settlement the wetland would have been in a vastly different state to that which it now 

appears. 

Water flowing into Hexham Swamp/Shortland Wetlands is generated by local rainfall and runoff 

from nearby suburbs and surrounding agricultural lands. Stormwater pipes and culverts 

also collect stormwater from surrounding lands and suburbs and deliver it to the swamp – 

usually in a polluted state. Despite this source degradation, the swamp has an enormous 

capacity to reduce the state of contaminants. Abiotic measurements on the lower parts of 

Hexham Swamp around the Shortland Wetland indicate that pH is between 6.2 and 7.9. 

Water temperature varies seasonally between 14 degrees C and 24 degrees C and turbidity 

is usually less than 10ntu. Salinity is less than 1% (Grace and Francesconi 1997). 

In periods of higher rainfall that can lead to Hunter River flooding, the Hexham 

Swamp/Shortland Wetlands are transformed into a vast wetland reservoir that acts to contain 

or even prevent the spread of floodwaters over much of the Lower Hunter region. 

Indeed, at peak flood times Hexham Swamp becomes a temporary storage area for millions 

of cu. m of water. The water flowing from Hexham Swamp/Shortland Wetlands eventually 

enters Ironbark Creek and subsequently the Hunter River and so potentially impacts on the 

listed Hunter Estuary Wetlands (Ramsar Wetland No 24). 

The lithology and hydrology of Hexham Swamp allows a diverse range of habitats because 

the swamp is a natural drainage depression situated partly on Quaternary estuarine/lacustrine 

sediments including silts and clays. Hexham Swamp was once a highly diverse ecosystem. 

This fact has been derived from the nature of the remnant vegetation that survives scattered 

over the complex, the historical record and detailed floristic surveys that have been 

undertaken by a number of researchers working in the vicinity of nearby Shortland Wetlands. 

The swamp has been seriously degraded over the last 100 years by numerous humaninduced 

changes to the area, and is now largely an agricultural landscape of cleared grazing 

land with only scattered remnant patches of its original vegetation remaining. 

Although the swamp appears to have been virtually destroyed, much of the area still remains 

poorly drained, and it is these wetter areas that provide critically important refuges for 

numerous species of wetland invertebrates and plants. 

21


Despite this level of disturbance, variations in water levels in the swamp result in a significant 

range of vegetation succession annually, greatly contributing to its biodiversity values. The 

Hexham Swamp/Shortland Wetland although degraded is still ecologically diverse and 

represents an important refuge for many wetland species. 

The most significant native wetland plant community at Hexham Swamp/Shortland Wetlands 

is the Melaleuca Swamp Forest, dominated by Broad-leaved Paperbark (Melaleuca 

quinquenervia). The Swamp Forest is a remnant of a plant community that was once very 

wide spread in this area and is now poorly represented in the Sydney Basin biogeographic 

region. A tiny fragment of this community still survives on the subject land at Fletcher, but it 

will not be affected by the proposed development of the site. 

Birds 

Hexham Swamp/Shortland Wetlands still provides habitat for a huge array of bird species – 

many of which are protected by International Treaties. 

Over 250 species of birds have been recorded across the Hunter Estuary Wetlands site and 

the majority of these species have also been observed within the Hexham Swamp/Shortland 

Wetlands. The occurrence of migratory waterbirds is of particular importance. At least 45 

migratory species presently listed under the Japan-Australia Migratory Bird Agreement 

(JAMBA) and/or the China-Australia Migratory Bird Agreement (CAMBA) has been recorded. 

Indeed, the entire Ramsar Wetland and the associated Hexham Swamp/Shortland Wetlands 

is extremely important as both a feeding and roosting site for a large seasonal population of 

Palaearctic shorebirds and as a waylay site for transient migrants. The site also supports a 

significant number of birds that over-winter in Australia, and many of the bird species may 

also visit the area at a critical seasonal stage of their breeding cycle. 

The swamp also provides local resident ducks, herons and other waterbirds with habitat - up 

to 2000 ducks have been recorded at Shortland Wetlands during dry periods (Winning 1989). 

It is also an essential feeding area for thousands of birds that have either arrived as annual 

migrants, or for birds that may be forced from the inland during periods of extended drought. 

These species include Freckled Duck (Stictonetta naevosa); Pink-eared Duck 

(Malacorhynchus membranaceus); Australian Pelican (Pelecanus conspicillatus); and Glossy 

Ibis (Plegadis falcinellus) (Albrecht and Maddock 1985). 

Threatened species that have been recorded from Hexham Swamp and adjacent wetlands 

(under the TSC Act) include Black-necked Storks (Ephippiorhynchus asiaticus), Australasian 

Bittern (also listed as vulnerable globally by the IUCN 2000), Comb-crested Jacana 

(Irediparra gallinacea) and Magpie Geese (Anseranas semipalmata). 

Black-necked Storks regularly use the site during their nomadic movements throughout the 

lower Hunter region. Australasian Bittern occur as a small, probably breeding population, but 

are rarely seen because of their secretive nature. Comb-crested Jacana is a rare species 

within the lower Hunter region being a rare visitor to Hexham Swamp/Shortland Wetlands. 

The Red Goshawk (Erythrotriorchis radiatus) periodically occurs throughout the Hunter 

Estuary Wetlands and is listed as a Vulnerable Species nationally (EPBC Act). 

Hexham Swamp/Shortland Wetlands is one of the most important bird study areas in New 

South Wales, being used for both physical and biological research and recreational birdwatching. 

Shortland Wetlands Centre, the Hunter Bird Observers Club, the Australian Plant 

Society and the Society for Frogs and Reptiles, and numerous researchers from the 

University of Newcastle undertake monitoring of the area’s fauna, flora and physical 

conditions. 

Frogs and Reptiles 

Several species of amphibians and reptiles have also been recorded from the Hexham 

Swamp/Shortland Wetlands, most of which are still common to the region. Indeed, Hexham 

Swamp itself had populations of frogs in the millions up until the mid-1970s when populations 

suddenly declined or even totally disappeared through unknown events. 

22


The Green and Golden Bell Frog (Litoria aurea) is also listed as Endangered nationally under 

the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Up until 

about 30 years ago, Hexham Swamp contained probably the largest population of this 

species in existence, before they suddenly vanished about 1976. Some herpetologists 

considered that Flouride pollution may have been responsible, owing to its extreme toxicity to 

amphibians. The swamp and its environs were subjected to high fluoride pollution from both 

domestic and industrial sources at the time, but a number of other factors may have been 

responsible for their decline. A project is currently underway to re-introduce the Bell Frog to 

Shortland Wetlands, and it is possible that the species may return to the swamp if conditions 

become suitable. 

Aquatic Life 

Pond life in the Hexham Swamp/Shortland Wetlands is still abundant. Six species of fish have 

been recorded. A wide diversity of macro-invertebrates is present including many sensitive 

insect larvae. Macro-invertebrate surveys routinely record molluscs, bloodworms, caddisfly 

larvae, gastropods, beetles, bugs, water fleas, seed shrimps, copepods and nymph forms of 

dragonfly, damselfly, stonefly and mayfly (Bischof and Brown 1996). 

Threats 

Introduced weeds are a major threat to the swamp as virtually the entire area has been 

subjected to grazing pressure by stock. 

Numerous exotic plant species now occur at Hexham Swamp/Shortland Wetlands the most 

serious aquatic weed species include Alligator Weed (Alternanthera philoxeroides), Dock 

(Rumex spp.) and Pennywort (Hydrocotyle bonariensis). 

Introduced animals that pose the most serious threat to native fauna in the Hexham 

Swamp/Shortland Wetlands include the Black Rat (Rattus rattus), House Mouse (Mus 

musculus), Red Fox (Vulpes vulpes), domestic Cat (Felis catus), Common Myna 

(Acridotheres tristis), Common Starling (Sturnus vulgaris) and Mosquito Fish (Gambusia 

holbrooki). The Black Rat poses a threat to shore-breeding birds, shorebirds, and the Longnecked 

Tortoise by predating eggs and nestlings. Red Foxes have been recorded preying on 

juveniles of Egrets and pose a threat to other species such as ground nesting and ground 

feeding birds. There are limited numbers of hares and rabbits in the swamp, however they are 

a minor threat due to lack of suitable habitat during increased hydrological flows, but rapidly 

expand over the swamplands as they dry out such as in periods of drought. 

Predation by Mosquito Fish is listed as a key threatening process under the NSW TSC Act 

1995. It is considered a threat to the Green and Golden Bell Frog (Morgan and Butterner in 

NPWS 2002b) as well as macro-invertebrate communities. 

Land development continues around the borders of Hexham Swamp and this could 

accelerate soil erosion and water pollution in the vicinity of the swamp if not carefully 

controlled. 

Some of the remnant natural wetlands on the site have exhibited signs of eutrophication, algal 

blooms and dominance by eutrophytes (e.g. Triglochin procera, Spirodela pusilla, Azolla 

spp.). Eutrophication may occur as a result of a concentration of nutrients, changes in water 

quality parameters such as pH, and urban run-off. 

In 1971, floodgates to mediate flood control for surrounding areas were installed in Ironbark 

Creek downstream from what later became the Shortland Wetlands. The Hunter Catchment 

Management Trust is proposing to open the floodgates in an attempt to re-introduce natural 

water flows and a tidal influence, and this will undoubtedly alter the lower areas of the 

Hexham Swamp complex from a freshwater to a saline (brackish) tidal wetland. Modelling 

suggests that this will have an insignificant impact on the present integrity of the Shortland 

Wetlands freshwater ecosystem, but this is by no means certain. 

23


2. EPBC Act Threatened Species Considerations 

(Excludes Marine Species) 

Species Status Presence Impact 

Birds 

Lathamus discolor Endangered Possible No 

Swift Parrot 

Rostratula australis Vulnerable Possible No 

Australian Painted Snipe 

Xanthomyza phrygia Endangered Possible No 

Regent Honeyeater 

Frogs 

Litoria aurea Vulnerable Possible No 

Green and Golden Bell Frog 

Litoria littlejohni Vulnerable [Not Relevant] No 

Littlejohn's Tree Frog 

Mixophyes iteratus Endangered [Not Relevant] No 

Southern Barred Frog, Giant Barred Frog 

Mammals 

Chalinolobus dwyeri Vulnerable Possible No 

Large-eared Pied Bat 

Dasyurus maculatus maculatus Endangered [Not Relevant] No 

(SE mainland population) 

Spot-tailed Quoll 

Petrogale penicillata Vulnerable [Not Relevant] No 

Brush-tailed Rock-wallaby 

Potorous t. tridactylus Vulnerable [Not Relevant] No 

Long-nosed Potoroo (SE mainland) 

Pteropus poliocephalus Vulnerable Possible No 

Grey-headed Flying-fox 

Reptiles 

Hoplocephalus bungaroides Vulnerable [Not Relevant] No 

Broad-headed Snake 

Plants 

Cryptostylis hunteriana Vulnerable Possible No 

Leafless Tongue-orchid 

Diuris praecox Vulnerable Possible No 

Newcastle Doubletail 

24


Eucalyptus camfieldii Vulnerable [Not Relevant] No 

Camfield's Stringybark 

Eucalyptus parramattensis Vulnerable [Not Relevant] No 

(subsp. decadens) 

Earp's Gum, Earp's Dirty Gum 

Grevillea p. parviflora Vulnerable [Not Relevant] No 

Persicaria elatior Vulnerable [Not Relevant] No 

Knotweed 

Tetratheca juncea Vulnerable [Not Relevant] No 

3. EPBC Act Listed Migratory Species 

Species Status Presence Impact 

Migratory Terrestrial Species 

Birds 

Haliaeetus leucogaster Migratory Possible No 

White-bellied Sea-Eagle 

Hirundapus caudacutus Migratory Possible No 

White-throated Needletail 

Monarcha melanopsis Migratory Possible No 

Black-faced Monarch 

Myiagra cyanoleuca Migratory Possible No 

Satin Flycatcher 

Rhipidura rufifrons Migratory Possible No 

Rufous Fantail 

Xanthomyza phrygia Migratory Possible No 

Regent Honeyeater 

Migratory Wetland Species 

Birds 

Arenaria interpres Migratory Possible No 

Ruddy Turnstone 

Calidris ferruginea Migratory Possible No 

Curlew Sandpiper 

Charadrius mongolus Migratory Possible No 

Lesser Sand Plover, Mongolian Plover 

Gallinago hardwickii Migratory Possible No 

Latham's Snipe, Japanese Snipe 

Limicola falcinellus Migratory Possible No 

Broad-billed Sandpiper 

Limosa lapponica Migratory Possible No 

Bar-tailed Godwit 

25


Limosa limosa Migratory Possible No 

Black-tailed Godwit 

Numenius madagascariensis Migratory Possible No 

Eastern Curlew 

Numenius phaeopus Migratory Possible No 

Whimbrel 

Pluvialis fulva Migratory Possible No 

Pacific Golden Plover 

Rostratula benghalensis s. lat. Migratory Possible No 

Painted Snipe 

Tringa nebularia Migratory Possible No 

Common Greenshank, Greenshank 

Tringa stagnatilis Migratory Possible No 

Marsh Sandpiper, Little Greenshank 

Xenus cinereus Migratory Possible No 

Terek Sandpiper 

4. Other Matters Protected by the EPBC Act 

Listed Marine Species Status Presence Impact 

Birds 

Apus pacificus Listed Possible No 

Fork-tailed Swift 

Ardea alba Listed Possible No 

Great Egret, White Egret 

Ardea ibis Listed Possible No 

Cattle Egret 

Arenaria interpres Listed Possible No 

Ruddy Turnstone 

Calidris ferruginea Listed Possible No 

Curlew Sandpiper 

Charadrius mongolus Listed Possible No 

Lesser Sand Plover, Mongolian Plover 

Gallinago hardwickii Listed Possible No 

Latham's Snipe, Japanese Snipe 

Haliaeetus leucogaster Listed Possible No 

White-bellied Sea-Eagle 

Hirundapus caudacutus Listed Possible No 

White-throated Needletail 

26


Lathamus discolor Listed Possible No 

Swift Parrot 

Limicola falcinellus Listed Possible No 

Broad-billed Sandpiper 

Limosa lapponica Listed Possible No 

Bar-tailed Godwit 

Limosa limosa Listed Possible No 

Black-tailed Godwit 

Merops ornatus Listed Possible No 

Rainbow Bee-eater 

Monarcha melanopsis Listed Possible No 

Black-faced Monarch 

Myiagra cyanoleuca Listed Possible No 

Satin Flycatcher 

Numenius madagascariensis Listed Possible No 

Eastern Curlew 

Numenius phaeopus Listed Possible No 

Whimbrel 

Pluvialis fulva Listed Possible No 

Pacific Golden Plover 

Rhipidura rufifrons Listed Possible No 

Rufous Fantail 

Rostratula benghalensis s. lat. Listed Possible No 

Painted Snipe 

Tringa nebularia Listed Possible No 

Common Greenshank, Greenshank 

Tringa stagnatilis Listed Possible No 

Marsh Sandpiper, Little Greenshank 

Xenus cinereus Listed Possible No 

Terek Sandpiper 

5. Additional Matters 

Commonwealth Lands None 

Commonwealth Heritage Places None 

Places on the RNE None 

Historic [Not Relevant] 

Natural: 

Hunter Estuary Wetlands NSW [Considered] 

State and Territory Reserves: 

Hexham Swamp Nature Reserve, NSW [Relevant] 

Kooragang Nature Reserve, NSW [Not Relevant] 

Pambalong Nature Reserve, NSW [Not Relevant] 

Regional Forest Agreements: 

Lower North East NSW RFA, New South Wales [Not Relevant] 

27


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39


Appendix 1 


Original Listings and Definitions 

Definition of Lower Hunter Spotted Gum - Ironbark Forest in the Sydney Basin 

Bioregion 

The Scientific Committee, established by the Threatened Species Conservation Act, has 

made a Final Determination to list the Lower Hunter Spotted Gum - Ironbark Forest in the 

Sydney Basin Bioregion as an ENDANGERED ECOLOGICAL COMMUNITY on Part 3 of 

Schedule 1 of the Act. The basis for their action is outlined in their Final Determination which 

is quoted as originally published below: 

Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion - 

endangered ecological community listing 

NSW Scientific Committee - final determination 


made a Final Determination to list the Lower Hunter Spotted Gum – Ironbark Forest in the 

Sydney Basin Bioregion, as an ENDANGERED ECOLOGICAL COMMUNITY in Part 3 of 

Schedule 1 of the Act. Listing of endangered ecological communities is provided for by Part 2 

of the Act. 

The Scientific Committee has found that: 

1. Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion is the name 

given to the ecological community that occurs principally on Permian geology in the central to 

lower Hunter Valley. The Permian substrates most commonly supporting the community 

belong to the Dalwood Group, the Maitland Group and the Greta and Tomago Coal 

Measures, although smaller areas of the community may also occur on the Permian Singleton 

and Newcastle Coal Measures and the Triassic Narrabeen Group (NSW Department of Mines 

1966, 1969). The community is strongly associated with, though not restricted to, the yellow 

podsolic and solodic soils of the Lower Hunter soil landscapes of Aberdare, Branxton and 

Neath (Kovac and Lawrie 1991). These substrates are said to produce 'moderately fertile' 

soils (Kovac and Lawrie 1991). Lower Hunter Spotted Gum – Ironbark Forest is dominated by 

Corymbia maculata, (Spotted Gum) and Eucalyptus fibrosa (Broad-leaved Ironbark), while E. 

punctata (Grey Gum) and E. crebra (Grey Ironbark) occur occasionally. A number of other 

eucalypt species occur at low frequency, but may be locally common in the community. One 

of these species, E. canaliculata, intergrades extensively in the area with E. punctata. The 

understorey is marked by the tall shrub, Acacia parvipinnula, and by the prickly shrubs, 

Daviesia ulicifolia, Bursaria spinosa, Melaleuca nodosa and Lissanthe strigosa. Other shrubs 

include Persoonia linearis, Maytenus silvestris and Breynia oblongifolia. The ground layer is 

diverse; frequent species include Cheilanthes sieberi, Cymbopogon refractus, Dianella 

revoluta, Entolasia stricta, Glycine clandestina, Lepidosperma laterale, Lomandra multiflora, 

Microlaena stipoides, Pomax umbellata, Pratia purpurascens, Themeda australis and 

Phyllanthus hirtellus (NPWS 2000, Hill 2003, Bell 2004). In an undisturbed condition the 

structure of the community is typically open forest. If thinning has occurred, it may take the 

form of woodland or a dense thicket of saplings, depending on post-disturbance regeneration. 

2. Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion is 

characterised by the following assemblage of species: 

Acacia parvipinnula Angophora costata 

Aristida vagans Billardiera scandens 

Breynia oblongifolia Bursaria spinosa 

Cheilanthes sieberi Corymbia eximia 

40


Corymbia gummifera Corymbia maculata 

Cymbopogon refractus Daviesia leptophylla 

Daviesia ulicifolia Dianella revoluta 

Dianella caerulea Digitaria parviflora 

Entolasia stricta Eucalyptus acmenoides 

Eucalyptus agglomerata Eucalyptus canaliculata intergrades 

Eucalyptus crebra Eucalyptus fergusonii 

Eucalyptus fibrosa Eucalyptus globoidea 

Eucalyptus moluccana Eucalyptus nubila 

Eucalyptus paniculata Eucalyptus punctata 

Eucalyptus siderophloia Eucalyptus sparsifolia 

Eucalyptus tereticornis Eucalyptus umbra 

Glycine clandestina Goodenia hederacea subsp. hederacea 

Grevillea montana Hardenbergia violacea 

Laxmannia gracilis Lissanthe strigosa 

Lepidosperma laterale Lomandra filiformis 

Lomandra longifolia Lomandra multiflora 

Macrozamia flexuosa Maytenus silvestris 

Melaleuca nodosa Microlaena stipoides 

Persoonia linearis Ozothamnus diosmifolius 

Panicum simile Phyllanthus hirtellus 

Pomax umbellata Pratia purpurascens 

Syncarpia glomulifera Themeda australis 

Vernonia cinerea 

3. The total species list of the community is considerably larger than that given above, with 

many species present in only one or two sites or in low abundance. The species composition 

of a site will be influenced by the size of the site, recent rainfall or drought condition and by its 

disturbance (including fire and logging) history. The number of species and the above ground 

relative abundance of species will change with time since disturbance, and may also change 

in response to changes in fire regime (including changes in fire frequency). At any one time, 

above ground individuals of some species may be absent, but the species may be 

represented below ground in the soil seed banks or as dormant structures such as bulbs, 

corms, rhizomes, rootstocks or lignotubers. The list of species given above is of vascular 

plant species, the community also includes micro-organisms, fungi, cryptogamic plants and a 

diverse fauna, both vertebrate and invertebrate. Some of these components of the community 

are poorly documented. 

4. Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion is restricted to 

a range of approximately 65 km by 35 km centred on the Cessnock – Beresfield area in the 

Central and Lower Hunter Valley (NPWS 2000). Within this range, the community was once 

widespread. A fragmented core of the community still occurs between Cessnock and 

Beresfield. Remnants occur within the Local Government Areas of Cessnock, Maitland, 

Singleton, Lake Macquarie, Newcastle, Port Stephens and Dungog but may also occur 

elsewhere within the bioregion. Outliers are also present on the eastern escarpment of 

Pokolbin and Corrabare State Forests on Narrabeen Sandstone. 

5. Threatened species recorded within this community include Callistemon linearifolius, 

Grevillea parviflora subsp. parviflora, Persoonia pauciflora, Rutidosis heterogama, Swift 

Parrot Lathamus discolor (Saunders 2002), Turquoise Parrot Neophema pulchella, Glossy 

Black Cockatoo Calyptorhynchus lathami, Regent Honeyeater Xanthomyza phygria, Blackchinned 

Honeyeater Melithreptus gularis gularis, Brown Treecreeper Climacteris picumnus 

victoriae, Powerful Owl Ninox strenua, Koala Phascolarctos cinereus, Yellow-bellied Glider 

Petaurus australis, Squirrel Glider Petaurus norfolcensis (Smith and Murray 2003), Common 

Bentwing Bat Miniopterus schriebersii and Eastern Freetail Bat Mormopterus norfolkensis. 

41


6. Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion belongs to a 

complex of ecological communities that were identified in an analysis of floristic data gathered 

in a vegetation survey of the Lower Hunter – Central Coast region (NPWS 2000). The 

methods of survey and analysis employed by NPWS (2000) were found to produce a reliable 

regional-scale overview of native vegetation in the Lower Hunter – Central Coast area, 

although limitations apply to fine-scale uses of the map (Nicholls et al. 2003). This analysis, 

and subsequent analyses based on additional floristic data from the Hunter valley floor (e.g. 

Hill 2003, Bell 2004, Peake unpubl. data), identified Lower Hunter Spotted Gum – Ironbark 

Forest as a distinct assemblage of species. Other assemblages that may include spotted gum 

as a dominant species have geographically distinct distributions outside the core area where 

this community primarily occurs (Cessnock – Beresfield). These other assemblages include: 

Coastal Foothills Spotted Gum – Ironbark Forest, Seaham Spotted Gum – Ironbark Forest 

and Central Hunter Spotted Gum – Ironbark – Grey Box Forest (NPWS 2000). Analysis of 

additional data from north of the Hunter River and other parts of the Hunter valley indicates 

the existence of another distinct assemblage dominated by spotted gums and ironbarks on 

Carboniferous sediments of the footslopes of the Barrington plateau. Lower Hunter Spotted 

Gum – Ironbark Forest in the Sydney Basin Bioregion belongs to the Hunter - Macleay Dry 

Sclerophyll Forests vegetation class of Keith (2004). 

7. Eucalyptus fibrosa, Acacia parvipinnula and prickly shrub species occur more frequently or 

in greater abundance in Lower Hunter Spotted Gum – Ironbark Forest than in any of the other 

communities mentioned above. Around the margins of its core distribution, Lower Hunter 

Spotted Gum – Ironbark Forest may intergrade with other communities (e.g Hill 2003). 

Toward the coast and south, Lower Hunter Spotted Gum – Ironbark Forest may be replaced 

by Coastal Foothills Spotted Gum – Ironbark Forest, in which Eucalyptus umbra, E. 

siderophloia, Syncarpia glomulifera and Angophora costata occur more frequently, as do 

Polyscias sambucifolia, Imperata cylindrica and Pseuderanthemum variabile. Toward the 

north-east, Lower Hunter Spotted Gum – Ironbark Forest may be replaced by Seaham 

Spotted Gum – Ironbark Forest, in which Eucalyptus crebra, E. punctata, E. acmenoides, E. 

moluccana and E. siderophloia, occur more frequently, along with Acacia falcata, A. implexa, 

Leucopogon juniperinus, Aristida vagans and Pseuderanthemum variabile. Seaham Spotted 

Gum – Ironbark Forest typically occurs on sediments of Carboniferous age, in contrast to the 

younger Permian sediments that support Lower Hunter Spotted Gum-Ironbark Forest, 

although the two communities intergrade where these substrates adjoin (NPWS 2000, Hill 

2003). Toward the west and north-west, Lower Hunter Spotted Gum – Ironbark Forest may be 

replaced by Central Hunter Spotted Gum – Ironbark – Grey Box Forest, which has a higher 

frequency of Eucalyptus crebra and E. moluccana and a more open grassy understorey 

distinguished by herbs such as Desmodium varians, Glycine tabacina, Dichondra repens, 

Brunoniella australis and Calotis lappulacea. On open depressions and drainage flats within 

the Cessnock-Beresfield area, Lower Hunter Spotted Gum – Ironbark Forest may be replaced 

locally by Hunter Lowlands Redgum Forest, in which Eucalyptus tereticornis, E. punctata, E. 

crebra and Angophora floribunda, occur more frequently, as do Breynia oblongifolia, 

Leucopogon juniperinus, Jacksonia scoparia and Brunoniella australis (NPWS 2000). 

8. Clearing and other disturbances have resulted in a high degree of fragmentation of the 

community. Four large patches of Lower Hunter Spotted-Gum – Ironbark Forest are 

estimated to have covered nearly 50 000 ha prior to European settlement, representing 75% 

of the total distribution. The community is currently mapped as occurring in more than 4 800 

fragments, of which more than 4 500 are less than 10 ha in area (House 2003). The four 

largest patches now cover about 7 000 ha, representing less than one-quarter of the current 

distribution, or about 10% of the estimated pre-European distribution (House 2003). Clearing 

of native vegetation is listed as a Key Threatening Process under the Threatened Species 

Conservation Act (1995). 

9. Using recently updated mapping of extant Lower Hunter Spotted Gum – Ironbark Forest 

based on fine-scale aerial photograph interpretation of extant woody native vegetation, House 

(2003) estimated that approximately 26 500 ha of the community remains with its tree canopy 

cover in a 'substantially unmodified' condition, representing approximately 40% of its pre- 

European distribution. However, this estimate is based on the collective canopy cover of trees 

(i.e. where tree canopy cover was estimated to be greater than 20%, the canopy was 

42


assumed to be 'unmodified' and not substantially thinned), and does not consider the growth 

stages of trees that contribute to the cover. Growth stage mapping is available for 

approximately 6 000 ha of Lower Hunter Spotted Gum Ironbark Forest on public land 

(RACAC 1995), of which only 3% was assessed as containing a sub-dominance of 

'overmature' and 'senescent' tree crowns indicative of old growth forest. Seventy-five per cent 

of this area was assessed as 'young forest', indicating regeneration from past logging and 

wildfire. Some areas of Lower Hunter Spotted Gum – Ironbark Forest on private land also 

reflect a continuing history of degradation. In the Blackhill district, for example, much of the 

existing vegetation was cleared, and is now largely composed of dense stands of juvenile 

saplings. This regrowth has since been further affected by clearing and thinning, creation of 

electricity transmission easements, and ongoing grazing by goats and cattle. In addition, 

House (2003) estimated that there are a further 4 650 ha of Lower Hunter Spotted Gum – 

Ironbark Forest with a modified or substantially modified tree canopy cover. 

10. The condition of the understorey has not been mapped systematically. There are no 

quantitative estimates of the area of the community that retains a substantially unmodified 

understorey. However, qualitative information suggests that there has been extensive 

disturbance to the understorey associated with logging, expansion of unplanned tracks and 

trails, rubbish dumping, off-road vehicle use, arson and weed invasion, even in stands that 

are currently within a conservation reserve (Bell 2004). These pressures are likely to intensify 

with the projected increases in the density of the human population within the region 

(Progress Economics 2004). 

11. Much of the remaining Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin 

Bioregion shows evidence of disturbance. Past logging practices and fire regimes have 

heavily modified some parts of the community, resulting in a simplified structure and floristics. 

Production areas of State Forests are actively logged at intensities specified by regulations. 

Frequent fires (


13. Approximately 1 600 hectares of Lower Hunter Spotted Gum – Ironbark Forest in the 

Sydney Basin Bioregion occurs within Werakata National Park (Bell 2004). This represents 

less than 2.5% of the community's modelled pre-1750 distribution (House 2003), is distributed 

among several separate patches and is predominantly young regrowth forest (Bell 2004). Of 

an estimated 2 800 ha of the community currently within State Forests, approximately 1 770 

ha is excluded from timber harvesting in Forest Management Zone reserves (State Forests of 

NSW, in litt.), although these areas may be subject to development of service easements, 

transport infrastructure and mineral exploration. Within the Hunter Employment Zone (HEZ), 

460 ha of Lower Hunter Spotted Gum – Ironbark Forest is estimated to occur within zone 7(b) 

'Environmental Protection'. However, 7(b) zoning does not exclude development for rural 

properties (buildings, roads, fences, bushfire hazard reduction) and coal mining. 

14. In view of the above the Scientific Committee is of the opinion that Lower Hunter Spotted 

Gum – Ironbark Forest in the Sydney Basin Bioregion is likely to become extinct in nature in 

New South Wales unless the circumstances and factors threatening its survival cease to 

operate, or it might already be extinct. 

Definition of Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and 

South East Corner Bioregions 


made a Final Determination to list the Swamp oak floodplain forest of the NSW North Coast, 

Sydney Basin and South East Corner bioregions as an ENDANGERED ECOLOGICAL 

COMMUNITY on Part 3 of Schedule 1 of the Act. The basis for their action is outlined in their 

Final Determination which is quoted as originally published below: 

Swamp oak floodplain forest of the NSW North Coast, Sydney Basin and South East 

Corner bioregions - endangered ecological community listing 



made a Final Determination to list Swamp Oak Floodplain Forest of the NSW North Coast, 

Sydney Basin and South East Corner bioregions, as an ENDANGERED ECOLOGICAL 

COMMUNITY in Part 3 of Schedule 1 of the Act. Listing of endangered ecological 

communities is provided for by Part 2 of the Act. 


1. Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East 

Corner bioregions is the name given to the ecological community associated with grey-black 

clay-loams and sandy loams, where the groundwater is saline or sub-saline, on waterlogged 

or periodically inundated flats, drainage lines, lake margins and estuarine fringes associated 

with coastal floodplains. Floodplains are level landform patterns on which there may be active 

erosion and aggradation by channelled and overbank stream flow with an average recurrence 

interval of 100 years or less (adapted from Speight 1990). Swamp Oak Floodplain Forest 

generally occurs below 20 m (rarely above 10 m) elevation in the NSW North Coast, Sydney 

Basin and South East Corner bioregions. The structure of the community may vary from open 

forests to low woodlands, scrubs or reedlands with scattered trees. Typically these forests, 

woodlands, scrubs and reed lands form mosaics with other floodplain forest communities and 

treeless wetlands, and often they fringe treeless floodplain lagoons or wetlands with semipermanent 

standing water (e.g. Pressey 1989a). 

The composition of Swamp Oak Floodplain Forest is primarily determined by the frequency 

and duration of waterlogging and the level of salinity in the groundwater. Composition also 

varies with latitude. The community is characterised by the following assemblage of species: 

Acmena smithii Alphitonia excelsa 

44


Alternanthera denticulata Baumea juncea 

Blechnum indicum Callistemon salignus 

Carex appressa Casuarina glauca 

Centella asiatica Commelina cyanea 

Crinum pedunculatum Cupaniopsis anacardioides 

Cynodon dactylon Dianella caerulea 

Entolasia marginata Enydra fluctuans 

Flagellaria indica Gahnia clarkei 

Geitonoplesium cymosum Glochidion ferdinandi 

Glochidion sumatranum Hypolepis muelleri 

Imperata cylindrica var. major Isolepis inundata 

Juncus kraussii subsp. australiensis Juncus planifolius 

Juncus usitatus Lobelia alata 

Lomandra longifolia Lophostemon suaveolens 

Maundia triglochinoides Melaleuca alternifolia 

Melaleuca ericifolia Melaleuca quinquenervia 

Melaleuca styphelioides Myoporum acuminatum 

Oplismenus imbecillis Parsonsia straminea 

Persicaria decipiens Persicaria strigosa 

Phragmites australis Selliera radicans 

Smilax australis Stephania japonica var. discolor 

Viola banksii 


many species present at only one or two sites or in low abundance. The species composition 

of a site will be influenced by the size of the site, recent rainfall or drought conditions and by 

its disturbance (including fire, grazing, flooding and land clearing) history. The number and 

relative abundance of species will change with time since fire, flooding or significant rainfall, 

and may also change in response to changes in grazing regimes. At any one time, aboveground 

individuals of some species may be absent, but the species may be represented 

below ground in the soil seed banks or as dormant structures such as bulbs, corms, 

rhizomes, rootstocks or lignotubers. The list of species given above is of vascular plant 

species, the community also includes micro-organisms, fungi, cryptogamic plants and a 

diverse fauna, both vertebrate and invertebrate. These components of the community are 

poorly documented. 


Corner bioregions is known from parts of the Local Government Areas of Tweed, Byron, 

Lismore, Ballina, Richmond Valley, Clarence Valley, Coffs Harbour, Bellingen, Nambucca, 

Kempsey, Hastings, Greater Taree, Great Lakes, Port Stephens, Maitland, Newcastle, 

Cessnock, Lake Macquarie, Wyong, Gosford, Pittwater, Warringah, Hawkesbury, Baulkham 

Hills, Hornsby, Lane Cove, Blacktown, Auburn, Parramatta, Canada Bay, Rockdale, Kogarah, 

Sutherland, Penrith, Fairfield, Liverpool, Bankstown, Wollondilly, Camden, Campbelltown, 

Wollongong, Shellharbour, Kiama, Shoalhaven, Eurobodalla and Bega Valley but may occur 

elsewhere in these bioregions. Bioregions are defined in Thackway and Creswell (1995). 

Major examples once occurred on the floodplains of the Clarence, Macleay, Hastings, 

Manning, Hunter, Hawkesbury, Shoalhaven and Moruya Rivers. 


Corner bioregions has a dense to sparse tree layer in which Casuarina glauca (swamp oak) is 

the dominant species northwards from Bermagui. Other trees including Acmena smithii (lilly 

pilly), Glochidion spp. (cheese trees) and Melaleuca spp. (paperbarks) may be present as 

subordinate species, and are found most frequently in stands of the community northwards 

from Gosford. Tree diversity decreases with latitude, and Melaleuca ericifolia is the only 

abundant tree in this community south of Bermagui (Keith and Bedward 1999). The 

understorey is characterised by frequent occurrences of vines, Parsonsia straminea (common 

silkpod), Geitonoplesium cymosum (scrambling lily) and Stephania japonica var. discolor 

45


(snake vine), a sparse cover of shrubs, and a continuous groundcover of forbs, sedges, 

grasses and leaf litter. The composition of the ground stratum varies depending on levels of 

salinity in the groundwater. Under less saline conditions prominent ground layer plants 

include forbs such Centella asiatica (pennywort), Commelina cyanea, Persicaria decipiens 

(slender knotweed) and Viola banksii; graminoids such as Carex appressa (tussock sedge), 

Gahnia clarkei (a saw-sedge), Lomandra longifolia (spiny-headed mat-rush), Oplismenus 

imbecillis; and the fern Hypolepis muelleri (batswing fern). On the fringes of coastal estuaries, 

where soils are more saline, the ground layer may include the threatened grass species, 

Alexfloydia repens, as well as Baumea juncea, Juncus kraussii subsp. australiensis (sea 

rush), Phragmites australis (common reed), Selliera radicans and other saltmarsh species. 

The composition and structure of the understorey is also influenced by grazing history, 

changes to hydrology and soil salinity and other disturbance, and may have a substantial 

component of exotic grasses, vines and forbs. 

5. Unlike most other coastal floodplain communities, Swamp Oak Floodplain Forest of the 

NSW North Coast, Sydney Basin and South East Corner bioregions are not a significant 

habitat for waterbirds (Goodrick 1970). However, they do sometimes provide food resources 

for the Glossy Black Cockatoo (Calyptorhynchus lathami lathami), and Yellow-tailed Black 

Cockatoo (Calyptorhynchus funereus) (Marchant and Higgins 1990 ). The fauna of Swamp 

Oak Floodplain Forest also includes the Squirrel Glider (Petaurus norfolcensis) and several 

species of frogs in the families Myobatrachidae (southern frogs) and Hylidae (tree frogs). 


Corner bioregions forms part of a complex of forested wetland and treeless wetland 

communities found throughout the coastal floodplains of NSW. A recent analysis of available 

quadrat data from these habitats identified a distinct grouping of vegetation samples 

attributable to this community (Keith and Scott 2005). The combination of features that 

distinguish Swamp Oak Floodplain Forest from other endangered ecological communities on 

the coastal floodplains include: its dominance by a tree canopy of either Casuarina glauca or, 

more rarely, Melaleuca ericifolia with or without subordinate tree species; the relatively low 

abundance of Eucalyptus species; and the prominent groundcover of forbs and graminoids. It 

generally occupies low-lying parts of floodplains, alluvial flats, drainage lines, lake margins 

and fringes of estuaries; habitats where flooding is periodic and soils show some influence of 

saline ground water. This latter habitat feature sets it apart from other floodplain communities. 

7. Swamp Oak Floodplain Forest may adjoin or intergrade with several other endangered 

ecological communities, which collectively cover all remaining native vegetation on the 

coastal floodplains of New South Wales. These include Lowland Rainforest on Floodplain in 

the NSW North Coast bioregion, Subtropical Floodplain Forest of the NSW North Coast 

bioregion, River-Flat Eucalypt Forest on Coastal Floodplains of the NSW North Coast, 

Sydney Basin and South East Corner bioregions (including the formerly listed Sydney Coastal 

River-Flat Forest in the Sydney Basin bioregion), Swamp Sclerophyll Forest on Coastal 

Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions 

(including the formerly listed Sydney Coastal Estuary Swamp Forest in the Sydney Basin 

bioregion) and Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, Sydney 

Basin and South East Corner bioregions. For example, in less saline habitats, Swamp Oak 

Floodplain Forest may adjoin or intergrade with several other endangered ecological 

communities including River-Flat Eucalypt Forest on Coastal Floodplains of the NSW North 

Coast, Sydney Basin and South East Corner bioregions and Subtropical Floodplain Forest of 

the NSW North Coast bioregion. The most saline forms of Swamp Oak Floodplain Forest of 

the NSW North Coast, Sydney Basin and South East Corner bioregions may adjoin or 

intergrade with Coastal Salt marsh of the NSW North Coast, Sydney Basin and South East 

Corner bioregions. The boundaries between these communities are dynamic and may shift in 

response to changes in hydrological regimes, fire regimes or land management practices 

(e.g. Johnston et al. 2003). The Determinations for these communities collectively encompass 

the full range of intermediate assemblages in transitional habitats. 

8. A number of vegetation surveys and mapping studies have been conducted across the 

range of Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South 

46


East Corner bioregions. This community includes 'Sheoak Swamps' in the general coastal 

wetlands classification of Goodrick (1970). In the Tweed valley lowlands, this community 

includes 'Casuarina glauca tall to very tall open to closed forest' (F10) of Pressey and Griffith 

(1992) and parts of the 'Floodplain Wetland Complex' (FL) that include Casuarina glauca with 

Melaleuca spp. (Pressey and Griffith 1992). In the Comprehensive Regional Assessment of 

the north-eastern NSW (NPWS 1999), areas mapped as 'Forest Ecosystem 143, Swamp 

Oak', fall within this community. In the lower Hunter valley, 'Swamp Oak – Rushland Forest' 

(map unit 40) and 'Swamp Oak Sedge Forest' (map unit 41) of NPWS (2000) fall within this 

community. On the Cumberland Plain, 'Riparian Woodland' (map unit 5) of Tozer (2003) and 

parts of 'Alluvial Woodland' (map unit 11) dominated by Casuarina glauca (Tozer 2003) are 

included within this community, while those parts of Benson's (1992) 'River Flat Forest' (map 

unit 9f) dominated by C. glauca also fall within this community, as do parts of the 'River-flat 

forests' of Benson and Howell (1990) and Benson et al. (1996) that are dominated by C. 

glauca. On the Illawarra Plain, 'Coastal Swamp Oak Forest' (map unit 36) of NPWS (2002) 

occurs within this community. In the Comprehensive Regional Assessment of southern New 

South Wales (Thomas et al. 2000), this community includes 'Coastal Wet Heath Swamp 

Forest' (forest ecosystem 24), 'South Coast Swamp Forest' complex (forest ecosystem 25) 

and those parts of 'Ecotonal Coastal Swamp Forest' (forest ecosystem 27) dominated by 

Casuarina glauca. In the Sydney - South Coast region, this community includes parts of 

'Floodplain Swamp Forest' (map unit 105) dominated by Casuarina glauca, 'Estuarine Fringe 

Forest' (map unit 106) and 'Estuarine Creek Flat Scrub' (map unit 107) of Tindall et al. (2004). 

In the Eden region, this community includes 'Estuarine Wetland Scrub' (map unit 63) of Keith 

and Bedward (1999) and parts of 'Floodplain Wetlands' (map unit 60) that include Casuarina 

glauca or Melaleuca ericifolia (Keith and Bedward 1999). Swamp Oak Floodplain Forest 

South East Corner is included within the 'Coastal Floodplain Wetlands' vegetation class of 

Keith (2002, 2004). There may be additional or unmapped occurrences of Swamp Oak 

Floodplain Forest within and beyond these surveyed areas. 

9. The extent of the Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin 

and South East Corner bioregions prior to European settlement has not been mapped across 

its entire range. However, one estimate based on a compilation of regional vegetation maps 

suggests that Coastal Floodplain Wetlands, which include Swamp Oak Floodplain Forest, 

currently cover 800-1400 km2, representing less than 30% of the original extent of this 

broadly defined vegetation class (Keith 2004). Compared to this combined estimate, the 

remaining area of Swamp Oak Floodplain Forest is likely to be considerably smaller and is 

likely to represent much less than 30% of its original range. Major occurrences include: less 

than 350 ha on the Tweed lowlands in 1985 (Pressey and Griffith 1992); less than 650 ha on 

the lower Clarence floodplain in 1982 (Pressey 1989a); less than 400 ha on the lower 

Macleay floodplain in 1983 (Pressey 1989b); less than 3200 ha in the lower Hunter – central 

Hunter region in the 1990s (NPWS 2000); less than 5200 ha in the Sydney - South Coast 

region in the mid 1990s (Tindall et al. 2004), including up to 4700 ha on the Cumberland Plain 

in 1998 (Tozer 2003) and less than 250 ha on the Illawarra Plain in 2001 (NPWS 2002); and 

less than 1000 ha in the Eden region in 1990 (Keith and Bedward 1999). 


Corner bioregions has been extensively cleared and modified. Large areas that formerly 

supported this community are occupied by exotic pastures grazed by cattle, market gardens, 

other cropping enterprises (e.g. sorghum, corn, poplars, etc.) and, on the far north coast, 

canefields. On the Tweed lowlands, Pressey and Griffith (1992) estimated that less than 3% 

of the original Floodplain Wetlands and Floodplain Forest remained in 1985. Similar estimates 

are likely to apply to Swamp Oak Floodplain Forests in other parts of the NSW North Coast 

bioregion (Pressey 1989a, 1989b, NPWS 1999). In the lower Hunter – central coast region, 

less than 30-40% was estimated to have remained during the 1990s (NPWS 2000), while 

approximately 13% remained on the Cumberland Plain in 1998 (Tozer 2003). In the Sydney – 

South Coast region, less than 20% was estimated to remain in the mid 1990s (Tindall et al. 

2004), in the Eden region about 30% was estimated to remain during the 1990s (Keith and 

Bedward 1999). 

11. Land clearing continues to threaten Swamp Oak Floodplain Forest of the NSW North 

Coast, Sydney Basin and South East Corner bioregions. A small minority of the remaining 

47


area occurs on public land (e.g. Pressey 1989a, b; Pressey and Griffith 1992), with most 

occurring on productive agricultural land or in close proximity to rural centres. The remaining 

stands are severely fragmented by past clearing and further threatened by continuing 

fragmentation and degradation, flood mitigation and drainage works, landfilling and 

earthworks associated with urban and industrial development, pollution from urban and 

agricultural runoff, weed invasion, overgrazing, trampling and other soil disturbance by 

domestic livestock and feral animals including pigs, activation of 'acid sulfate soils' and 

rubbish dumping (e.g. Pressey 1989a, b; Pressey and Griffith 1992, Boulton and Brock 1999, 

Johnson et al. 2003). Anthropogenic climate change may also threaten Swamp Oak 

Floodplain Forest if sea levels rise as predicted or if future flooding regimes are affected 

(IPCC 2001, Hughes 2003). Localised areas, particularly those within urbanised regions, may 

also be exposed to frequent burning which reduces the diversity of woody plant species. 

Clearing of native vegetation; Alteration to the natural flow regimes of rivers, streams, 

floodplains and wetlands; Invasion of native plant communities by exotic perennial grasses; 

Predation, habitat destruction, competition and disease transmission by feral pigs; 

Anthropogenic climate change and High frequency fire are listed as Key Threatening 

Processes under the Threatened Species Conservation Act (1995). 

12. Large areas of habitat formerly occupied by Swamp Oak Floodplain Forest have been 

directly drained by construction of artificial channels (e.g. Pressey 1989a, Boulton and Brock 

1999). By the early 1900s, drainage unions or trusts were formed on the major floodplains to 

enable adjacent landholders to arrange for co-ordinated drainage systems, which were 

designed and constructed by the NSW Department of Public Works. Additional areas that 

have not been directly drained may have been altered hydrologically by changed patterns of 

flooding and drainage following flood mitigation works, particularly the construction of drains, 

levees and floodgates (Pressey and Griffith 1992). On the north coast of NSW, expansion of 

Melaleuca quinquenervia and Casuarina glauca into open floodplain swamps has been 

attributed to artificial drainage and shortening of the hydroperiod (Johnston et al. 2003, 

Stevenson 2003). There have also been anecdotal reports of recruitment by Casuarina 

glauca in pastures during extended dry periods, though not necessarily by other components 

of the community. These changes appear to be closely associated with enhanced acidity, 

altered ionic ratios, increased dissolved organic carbon and sulfide oxidation in the soil profile 

(Johnston et al. 2003). Alteration of tidal flows may have lead to decreased soil salinity and 

localised expansion of Casuarina glauca into areas that previously supported Coastal 

Saltmarsh or mangroves (Stevenson 2003). 

13. Very few examples of Swamp Oak Floodplain Forest remain unaffected by weeds. The 

causes of weed invasion include physical disturbance to the vegetation structure of the 

community, dumping of landfill rubbish and garden refuse, polluted runoff from urban and 

agricultural areas, construction of roads and other utilities, and grazing by domestic livestock. 

The principal weed species affecting Swamp Oak Floodplain Forest include Araujia sericiflora 

(moth plant), Asparagus asparagoides (bridal creeper), Baccharis halimifolia (groundsel 

bush), Cyperus eragrostis (umbrella sedge), Cinnamomum camphora (camphor laurel), 

Conyza spp. (fleabanes), Hydrocotyle bonariensis (American pennywort), Ipomoea cairica, I. 

purpurea and I. indica (morning glories), Lantana camara, Paspalum dilatatum (paspalum), 

Pennisetum clandestinum (kikuyu) Rubus fruticosis agg. (blackberries), Solanum 

pseudocapsicum (Madeira winter cherry), S. nigrum (black-berry nightshade), Tradescantia 

fluminensis (wandering jew) and Verbena bonariensis (purpletop), (Tozer 2003, Keith and 

Scott 2005). In general, remaining examples of Swamp Oak Floodplain Forest from the most 

saline environments are in better condition, while those from less saline habitats are generally 

more degraded. 

14. Small areas of Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and 

South East Corner bioregions are contained within existing conservation reserves, including 

Stotts Island, Ukerebagh, Tuckean, Pambalong, Wamberal, Towra Point and Cullendulla 

Creek Nature Reserves and Bongil Bongil, Myall Lakes and Conjola National Parks. These 

occurrences are unevenly distributed throughout the range and unlikely to represent the full 

diversity of the community. In addition, wetlands within protected areas are exposed to 

hydrological changes that were, and continue to be initiated outside their boundaries. Some 

areas of Swamp Oak Floodplain Forest are protected by State Environmental Planning Policy 

48


14, although this has not always precluded impacts on wetlands from the development of 

major infrastructure. 

15. Given the dynamic hydrological relationship between Swamp Oak Floodplain Forest, 

Coastal Saltmarsh and other endangered ecological communities on coastal floodplains, 

future management of water and tidal flows may result in the expansion of some communities 

at the expense of others. Proposals for the restoration of natural hydrological regimes and for 

the rehabilitation of acid sulfate soils may also result in changes to the distribution and 

composition of floodplain communities. Co-ordinated planning and management approaches 

across whole catchments will be required to address and resolve priorities between different 

management objectives. 

16. In view of the above the Scientific Committee is of the opinion that Swamp Oak Floodplain 

Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions is likely to 

become extinct in nature in New South Wales unless the circumstances and factors 

threatening its survival or evolutionary development cease to operate. 

Definition of Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, 

Sydney Basin and South East Corner Bioregions 


made a Final Determination to list the Freshwater wetlands on coastal floodplains of the NSW 

North Coast, Sydney Basin and South East Corner bioregions as an ENDANGERED 

ECOLOGICAL COMMUNITY on Part 3 of Schedule 1 of the Act. The basis for their action is 

outlined in their Final Determination which is quoted as originally published below: 

Freshwater wetlands on coastal floodplains of the NSW North Coast, Sydney Basin and 

South East Corner bioregions - endangered ecological community listing 



made a Final Determination to list Freshwater Wetlands on Coastal Floodplains of the NSW 

North Coast, Sydney Basin and South East Corner bioregions, as an ENDANGERED 

ECOLOGICAL COMMUNITY in Part 3 of Schedule 1 of the Act. Listing of endangered 

ecological communities is provided for by Part 2 of the Act. 


1. Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, Sydney Basin and 

South East Corner bioregions is the name given to the ecological community associated with 

periodic or semi-permanent inundation by freshwater, although there may be minor saline 

influence in some wetlands. They typically occur on silts, muds or humic loams in 

depressions, flats, drainage lines, backswamps, lagoons and lakes associated with coastal 

floodplains. Floodplains are level landform patterns on which there may be active erosion and 

aggradation by channelled and overbank stream flow with an average recurrence interval of 

100 years or less (adapted from Speight 1990). Freshwater Wetlands on Coastal Floodplains 

generally occur below 20 m elevation in the NSW North Coast, Sydney Basin and South East 

Corner bioregions. The structure of the community may vary from sedgelands and reedlands 

to herbfields, and woody species of plants are generally scarce. Typically these wetlands form 

mosaics with other floodplain communities, and often they include or are associated with 

ephemeral or semi-permanent standing water (e.g. Goodrick 1970). 

The composition of Freshwater Wetlands on Coastal Floodplains is primarily determined by 

the frequency, duration and depth of waterlogging and may be influenced by the level of 

nutrients and salinity in the water and substrate. The community is characterised by the 

following assemblage of species: 

49


Alisma plantago-aquatica Azolla filiculoides var. rubra 

Azolla pinnata Baumea articulata 

Baumea rubiginosa Bolboschoenus caldwellii 

Bolboschoenus fluviatilis Brasenia schreiberi 

Carex appressa Centipeda minima 

Ceratophyllum demersum Cyperus lucidus 

Eclipta platyglossa Eclipta prostrata 

Eleocharis acuta Eleocharis equisetina 

Eleocharis minuta Eleocharis sphacelata 

Fimbristylis dichotoma Gratiola pedunculata 

Hemarthria uncinata Hydrilla verticillata 

Hydrocharis dubia Juncus polyanthemos 

Juncus usitatus Leersia hexandra 

Lemna spp. Lepironia articulata 

Ludwigia peploides subsp. montevidensis Marsilea mutica 

Maundia triglochinoides Myriophyllum crispatum 

Myriophyllum latifolium Myriophyllum propinquum 

Myriophyllum variifolium Najas marina 

Najas tenuifolia Nymphaea gigantea 

Nymphoides geminata Nymphoides indica 

Ottelia ovalifolia Panicum obseptum 

Panicum vaginatum Paspalum distichum 

Persicaria attenuata Persicaria decipiens 

Persicaria hydropiper Persicaria lapathifolia 

Persicaria strigosa Philydrum lanuginosum 

Phragmites australis Potamogeton crispus 

Potamogeton ochreatus Potamogeton perfoliatus 

Potamogeton tricarinatus Pseudoraphis spinescens 

Ranunculus inundatus Schoenoplectus litoralis 

Schoenoplectus mucronatus Schoenoplectus validus 

Spirodella spp. Triglochin procera sensu lato 

Typha orientalis Utricularia australis 

Vallisneria spp. Wolffia spp. 


many species present at only one or two sites or in low abundance. The species composition 

of a site will be influenced by the size of the site, recent rainfall or drought conditions and by 

its disturbance history (including grazing, flooding, land clearing and pollution in the 

catchment). The number and relative abundance of species will change with time since 

flooding or significant rainfall, and may also change in response to changes in grazing 

regimes and land use in the catchment. At any one time, above-ground individuals of some 

species may be absent, but the species may be represented below ground in the soil seed 

banks or as dormant structures such as bulbs, corms, rhizomes, rootstocks or lignotubers. 

The list of species given above is of vascular plant species, the community also includes 

micro-organisms, fungi, cryptogamic plants and a diverse fauna, both vertebrate and 

invertebrate. These components of the community are poorly documented. 


South East Corner bioregions is known from parts of the Local Government Areas of Tweed, 

Byron, Lismore, Ballina, Richmond Valley, Clarence Valley, Coffs Harbour, Bellingen, 

Nambucca, Kempsey, Hastings, Greater Taree, Great Lakes, Port Stephens, Maitland, 

Newcastle, Cessnock, Lake Macquarie, Wyong, Gosford, Hawkesbury, Baulkham Hills, 

Blacktown, Penrith, Fairfield, Liverpool, Wollondilly, Camden, Campbelltown, Wollongong, 

Shellharbour, Kiama, Shoalhaven, Eurobodalla and Bega Valley but may occur elsewhere in 

these bioregions. Bioregions are defined in Thackway and Creswell (1995). Examples include 

50


Swan Bay, Gundurimba wetland, Bungawalbin Swamp, Dyraaba Creek and Tuckean Swamp 

on the Richmond floodplain; Southgate wetlands and Trenayr Swamp on the Clarence 

floodplain; Seven Oaks Swamp, Swan Pool, Kinchela Creek and Upper Belmore Swamp on 

the Macleay floodplain; Great Swamp on the Manning floodplain; Wentworth Swamp, 

Hexham Swamp, Wallis Creek and Ellalong Lagoon on the Hunter floodplain; Bushells, Pitt 

Town, Long Neck and Broadwater Lagoons on the Hawkesbury floodplain; Coomonderry 

Swamp on the Shoalhaven floodplain; Pedro and Old Man Bed Swamps on the Moruya 

floodplain; and Jellat Jellat Swamp on the Bega floodplain (Goodrick 1970). 


South East Corner bioregions is dominated by herbaceous plants and have very few woody 

species. The structure and composition of the community varies both spatially and temporally 

depending on the water regime (Yen and Myerscough 1989, Boulton and Brock 1999). 

Wetlands or parts of wetlands that lack standing water most of the time are usually dominated 

by dense grassland or sedgeland vegetation, often forming a turf less than 0.5 metre tall and 

dominated by amphibious plants including Paspalum distichum (water couch), Leersia 

hexandra (swamp rice-grass), Pseudoraphis spinescens (mud grass) and Carex appressa 

(tussock sedge). Wetlands or parts of wetlands subject to regular inundation and drying may 

include large emergent sedges over 1 metre tall, such as Baumea articulata, Eleocharis 

equisetina and Lepironia articulata, as well as emergent or floating herbs such as Hydrocharis 

dubia (frogbit), Philydrum lanuginosum (frogsmouth), Ludwigia peploides subsp. 

montevidensis (water primrose), Marsilea mutica (nardoo) and Myriophyllum spp. (milfoils). 

As standing water becomes deeper or more permanent, amphibious and emergent plants 

become less abundant, while floating and submerged aquatic herbs become more abundant. 

These latter species include Azolla filiculoides var. rubra, Ceratophyllum demersum 

(hornwort), Hydrilla verticillata (water thyme), Lemna spp. (duckweeds), Nymphaea gigantea 

(giant waterlily), Nymphoides indica (water snowflake), Ottelia ovalifolia (swamp lily) and 

Potamageton spp. (pondweeds). The threatened aquatic plants, Aldrovanda vesiculosa and 

Najas marina, also occur within this community. The composition and structure of the 

vegetation is also influenced by grazing history, changes to hydrology and soil salinity, 

catchment runoff and disturbance, and may have a substantial component of exotic grasses 

and forbs. Artificial wetlands created on previously dry land specifically for purposes such as 

sewerage treatment, stormwater management and farm production, are not regarded as part 

of this community, although they may provide habitat for threatened species. 


South East Corner bioregions has a distinctive fauna that includes frogs, fish, freshwater 

tortoises, waterbirds and a diversity of micro- and macro-invertebrates. The frog families 

represented are Myobatrachidae (southern frogs) and Hylidae (tree frogs), including the 

threatened Green and Golden Bell Frog (Litoria aurea). Waterbirds include Black Swan 

(Cygnus atratus), Pacific Black Duck (Anas superciliosa), Australian Grey Teal (Anas gracilis), 

Pacific Heron (Ardea pacifica), White-faced Heron (Ardea novaehollandiae), Great Egret 

(Ardea alba), Intermediate Egret (Ardea intermedia), Little Egret (Ardea garzetta), Strawnecked 

Ibis (Threskiornis spinicollis), Sacred Ibis (Threskiornis aethiopica), Black-necked 

Stork (Ephippiorhynchus asiaticus), Royal Spoonbill (Platalea regia), Yellow-billed Spoonbill 

(Platalea flavipes), Japanese Snipe (Gallinago hardwickii), Black-winged Stilt (Himantopus 

himantopus), Dusky Moorhen (Gallinula tenebrosa), Comb-crested jacana (Jacana 

gallinacea) and Purple swamphen (Porphyrio porphyrio). 


South East Corner bioregions forms part of a complex of forested wetland and treeless 

wetland communities found throughout the coastal floodplains of NSW. A recent analysis of 

available quadrat data from these habitats identified several types of forested wetlands that 

are distinct from this treeless wetland community (Keith and Scott 2005). The combination of 

features that distinguish Freshwater Wetlands on Coastal Floodplains from other endangered 

ecological communities on the coastal floodplains include its scarcity or complete absence of 

woody plant species and the presence of amphibious, emergent, floating or submerged 

aquatic forbs, grasses or sedges. It generally occupies low-lying parts of floodplains, alluvial 

flats, depressions, drainage lines, backswamps, lagoons and lakes; habitats where flooding is 

periodic and standing fresh water persists for at least part of the year in most years. The 

51


community also occurs in backbarrier landforms where floodplains adjoin coastal sandplains 

(e.g. Pressey and Griffith 1992). However, it is distinct from Sydney Freshwater Wetlands, 

which may include a component of woody plant species and are associated with sandplains in 

the Sydney Basin bioregion. 

7. Freshwater Wetlands on Coastal Floodplains may adjoin or intergrade with several other 

endangered ecological communities, which collectively cover all remaining native vegetation 

on the coastal floodplains of New South Wales. These include Lowland Rainforest on 

Floodplain in the NSW North Coast bioregion, Subtropical Floodplain Forest of the NSW 

North Coast bioregion, River-Flat Eucalypt Forest on Coastal Floodplains of the NSW North 

Coast, Sydney Basin and South East Corner bioregions (including the formerly listed Sydney 

Coastal River-flat Forest in the Sydney Basin bioregion), Swamp Sclerophyll Forest on 

Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner 

bioregions (including the formerly listed Sydney Coastal Estuary Swamp Forest Complex in 

the Sydney Basin bioregion) and Swamp Oak Floodplain Forest of the NSW North Coast, 

Sydney Basin and South East Corner bioregions. For example, Freshwater Wetlands on 

Coastal Floodplains are sometimes fringed by trees, such as Casuarina glauca (swamp oak) 

and Melaleuca quinquenervia (paperbark), indicating transitional zones to forested 

communities of the floodplains. The boundaries between these communities are dynamic and 

may shift in response to changes in hydrological regimes, fire regimes or land management 

practices (e.g. Johnston et al. 2003, Stevenson 2003). In addition, Freshwater Wetlands on 

Coastal Floodplains may adjoin or intergrade with Coastal Saltmarsh of the NSW North 

Coast, Sydney Basin and South East Corner bioregions and Sydney Freshwater Wetlands of 

the Sydney Basin bioregion. The Determinations for these communities collectively 

encompass the full range of intermediate assemblages. 

8. A number of vegetation surveys and mapping studies have been conducted across the 

range of Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, Sydney Basin 

and South East Corner bioregions. This community includes 'Fresh meadows', Seasonal 

fresh swamps', 'Semi-permanent fresh swamps', and 'Open fresh waters' in the general 

coastal wetlands classification of Goodrick (1970). In the Tweed valley lowlands, this 

community includes 'Eleocharis equisetina tall closed sedgeland' (E2) and 'Triglochin procera 

tall forbland to tall open forbland' (E3) of Pressey and Griffith (1992) and parts of the 

'Floodplain Wetland Complex' (FL) that are dominated by herbaceous plants (Pressey and 

Griffith 1992). In the lower Hunter valley, 'Freshwater Wetland Complex' (map unit 46) of 

NPWS (2000) falls within this community. In the Sydney region, this community includes 

'Freshwater wetlands on the floodplains' of Benson and Howell (1990); 'Freshwater reed 

swamps' (map unit 28a) of Benson (1992) and Ryan et al. (1996) in the Penrith-St Albans 

district; 'Lepironia freshwater swamp' (map unit 75 and part of map unit 79) of NPWS (2002a) 

in the Warragamba area; and 'Freshwater wetlands' (map unit 36) of Tozer (2003) on the 

Cumberland Plain. On the Illawarra plain, this community includes 'Floodplain Wetland' (map 

unit 54) of NPWS (2002b). In the Comprehensive Regional Assessment of southern New 

South Wales (Thomas et al. 2000), this community includes 'Coastal alluvial valley floor 

wetlands' (map unit 189). This community also includes those parts of 'Coastal freshwater 

lagoon' (map unit 313) of Tindall et al. (2004), on the south coast of NSW, and parts of 

'Floodplain Wetlands' (map unit 60) of Keith and Bedward (1999), in the Eden region, that are 

dominated by herbaceous aquatic plants. Freshwater Wetlands on Coastal Floodplains of the 

NSW North Coast, Sydney Basin and South East Corner bioregions is included within the 

'Coastal Freshwater Lagoons' vegetation class of Keith (2002, 2004). There may be additional 

or unmapped occurrences of Freshwater Wetlands on Coastal Floodplains within and beyond 

these surveyed areas. 

9. The extent of the Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, 

Sydney Basin and South East Corner bioregions prior to European settlement has not been 

mapped across its entire range. Estimates of wetland area also vary, depending on the scale 

of mapping (coarse scale maps may exclude many small wetlands), wetland definition and 

the occurrence of recent flooding. Mapping carried out by Kingsford et al. (2004), for example, 

focused on areas of open water and thus excluded many wetlands attributable to this 

community. One estimate based on a compilation of regional vegetation maps suggests that 

Coastal Freshwater Lagoons, which include Freshwater Wetlands on Coastal Floodplains, 

52


currently cover 90-160 km2, representing less than 60-90% of the original extent of this 

broadly defined vegetation class (Keith 2004). However, the remaining area of Freshwater 

Wetlands on Coastal Floodplains is likely to represent much less than 60-90% of its original 

range, because this combined estimate for the Coastal Freshwater Wetlands class (Keith 

2004) is likely to include a considerable area of freshwater wetlands on coastal sandplains, 

which are excluded from this Determination. Goodrick (1970) estimated that approximately 21 

700 ha of 'Fresh meadows', 'Seasonal fresh swamps', 'Semi-permanent fresh swamps', and 

'Open fresh waters' remained on NSW coastal floodplains in 1969, representing less than 

39% of their original area. Continued clearing and drainage works in the 35 years since 

Goodrick's (1970) survey are likely to have resulted in a substantial diminution of Freshwater 

Wetlands on Coastal Floodplains. More detailed surveys have identified the following areas 

attributable to Freshwater Wetlands on Coastal Floodplains: less than 150 ha on the Tweed 

lowlands in 1985 (Pressey and Griffith 1992); about 10 600 ha on the lower Clarence 

floodplain in 1982 (Pressey 1989a); about 11 200 ha on the lower Macleay floodplain in 1983 

(Pressey 1989b); about 3500 ha in the lower Hunter – central Hunter region in 1990s (NPWS 

2000); less than 2700 ha on the NSW south coast from Sydney to Moruya in the mid 1990s 

(Tindall et al. 2004), including about 660 ha on the Cumberland Plain in 1998 (Tozer 2003) 

and about 100 ha on the Illawarra Plain in 2001 (NPWS 2002); and less than 1000 ha in the 

Eden region in 1990 (Keith and Bedward 1999). The wetlands included in these estimates 

exist in various states of modification. 


South East Corner bioregions has been extensively cleared and modified. Large areas that 

formerly supported this community are occupied by exotic pastures grazed by cattle, market 

gardens, other cropping enterprises (e.g. sorghum, corn, poplars, etc.) and, on the far north 

coast, canefields. On the Tweed lowlands, Pressey and Griffith (1992) estimated that less 

than 3% of the original Floodplain Wetlands remained in 1985. Similar estimates are likely to 

apply to Freshwater Wetlands on Coastal Floodplains in other parts of the NSW North Coast 

bioregion (Pressey 1989a, 1989b). In the lower Hunter – central coast region, about twothirds 

was estimated to have remained during the 1990s (NPWS 2000), while approximately 

40% remained on the Cumberland Plain in 1998 (Tozer 2003). In the Sydney – South Coast 

region, about 70% was estimated to remain in the mid 1990s (Tindall et al. 2004), in the Eden 

region about 30% was estimated to remain during the 1990s (Keith and Bedward 1999). 

11. Land clearing continues to threaten Freshwater Wetlands on Coastal Floodplains of the 

NSW North Coast, Sydney Basin and South East Corner bioregions. A small minority of the 

remaining area occurs on public land (e.g. Pressey 1989a, b; Pressey and Griffith 1992), with 

most occurring on productive agricultural land or in close proximity to rural centres. The 

remaining stands are severely fragmented by past clearing and are further threatened by 

continuing fragmentation and degradation, flood mitigation and drainage works, filling 

associated with urban and industrial development, pollution and eutrophication from urban 

and agricultural runoff, weed invasion, overgrazing, trampling by livestock, soil disturbance by 

pigs, activation of 'acid sulfate soils' and rubbish dumping (e.g. Goodrick 1970; Pressey 

1989a, b; Pressey and Griffith 1992; Boulton and Brock 1999, Johnston et al. 2003). The 

native fauna of Freshwater Wetlands on Coastal Floodplains is threatened by predation, 

particularly by mosquito fish and cane toads. Anthropogenic climate change may also 

threaten Freshwater Wetlands on Coastal Floodplains if sea levels rise and future flooding 

regimes change as predicted (IPCC 2001; Hughes 2003). Clearing of native vegetation; 

Alteration to the natural flow regimes of rivers, streams, floodplains and wetlands; Invasion of 

native plant communities by exotic perennial grasses; Predation, habitat destruction, 

competition and disease transmission by feral pigs; and Anthropogenic climate change are 

listed as Key Threatening Processes under the Threatened Species Conservation Act (1995). 

12. Large areas of habitat formerly occupied by Freshwater Wetlands on Coastal Floodplains 

have been directly drained by construction of artificial channels (e.g. Pressey 1989a, Boulton 

and Brock 1999). By the early 1900s, drainage unions or trusts were formed on the major 

floodplains to enable adjacent landholders to arrange for co-ordinated drainage systems, 

which were designed and constructed by the former NSW Department of Public Works. 

Additional areas that have not been directly drained may have been altered hydrologically by 

changed patterns of flooding and drainage following flood mitigation works, particularly the 

53


construction of drains, levees and floodgates (Pressey and Griffith 1992). On the north coast 

of NSW, expansion of Melaleuca quinquenervia and Casuarina glauca into open floodplain 

swamps has been attributed to artificial drainage and shortening of the hydroperiod (Johnston 

et al. 2003, Stevenson 2003). These changes appear to be closely associated with enhanced 

acidity, altered ionic ratios, increased dissolved organic carbon and sulfide oxidation in the 

soil profile (Johnston et al. 2003). Conversely, alteration of tidal flows may have led to 

decreased soil salinity and localised expansion of Freshwater Wetland into areas that 

previously supported Coastal Saltmarsh or mangroves (Stevenson 2003). Re-instatement of 

tidal flows and other natural hydrological processes may therefore lead to contraction of 

Freshwater Wetlands. In addition, sedimentation and eutrophication of wetlands is associated 

with development of their catchments for intensive agriculture or urban or industrial 

infrastructure. Harmful runoff from developed catchments may include herbicides, pesticides, 

fertilisers, sewerage, industrial waste and polluted stormwater. The widespread degradation 

of Freshwater Wetlands on Coastal Floodplains has led to regional declines in their 

dependent fauna including Magpie Geese (Anseranas semipalmata), Cotton Pygmy Geese 

(Nettapus coromandelianus), Hardhead (Aythya australis), Black-necked Stork 

(Ephippiorhynchus asiaticus), and Wandering Whistling Duck (Dendrocygna arcuata). 

13. Very few examples of Freshwater Wetlands on Coastal Floodplains remain unaffected by 

weeds. The causes of weed invasion include physical disturbance to the vegetation structure 

of the community; the dumping of landfill, rubbish and garden refuse; eutrophication and 

polluted runoff from urban and agricultural areas; construction of roads and other utilities; soil 

disturbance by feral pigs and grazing by domestic livestock. In addition, mechanical and 

chemical methods of controlling aquatic weeds may threaten native components of the flora. 

The principal weed species affecting Freshwater Wetlands on Coastal Floodplains include 

Alternanthera philoxeroides (alligatorweed), Baccharis halimifolia (groundsel bush), 

Echinochloa crus-galli (barnyard grass), Eichhornia crassipes (water hyacinth), Hygrophila 

costata (glush weed), Ludwigia longifolia, L. peruviana, Nymphaea capensis (Cape waterlily), 

Panicum repens (torpedo grass), Pennisetum clandestinum (kikuyu) and Salvinia molesta, 

(Sainty and Jacobs 1981). 

14. Small areas of Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, 

Sydney Basin and South East Corner bioregions are contained within existing conservation 

reserves, including Ukerebagh, Tuckean, Tabbimoble Swamp, Hexham Swamp, Pambalong 

and Pitt Town Nature Reserves and Bungawalbin, Scheyville and Seven Mile Beach National 

Parks, although these are unevenly distributed throughout the range and unlikely to represent 

the full diversity of the community. In addition, wetlands within protected areas are exposed to 

hydrological changes that were, and continue to be initiated outside their boundaries. Some 

Freshwater Wetlands on Coastal Floodplains are protected by State Environmental Planning 

Policy 14, although this has not always precluded impacts on wetlands from the development 

of major infrastructure. 

15. Given the dynamic hydrological relationship between Freshwater Wetlands on Coastal 

Floodplains, Coastal Saltmarsh and other endangered ecological communities on coastal 

floodplains, future management of water and tidal flows may result in the expansion of some 

communities at the expense of others. Proposals for the restoration of natural hydrological 

regimes and for the rehabilitation of acid sulfate soils may also result in changes to the 

distribution and composition of floodplain communities. Co-ordinated planning and 

management approaches across whole catchments will be required to address and resolve 

priorities between different management objectives. 

16. In view of the above the Scientific Committee is of the opinion that Freshwater Wetlands 

on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner 

bioregions is likely to become extinct in nature in New South Wales unless the circumstances 

and factors threatening its survival or evolutionary development cease to operate. 

54


Appendix 2 

Overview of Migratory Shorebirds 

Following is a list of Migratory Shorebirds that regularly visit Australia and are accordingly 

subject to EPBC Act (1999) consideration. The Wildlife Conservation Plan for Migratory 

Shorebirds covers these 36 species of migratory shorebirds that regularly visit Australia each 

year. An overview of the characteristics of these species, the main countries in which they 

breed, the type of habitat they prefer in Australia and their population status in Australia and 

the Flyway follows. The data below is from Environment Australia, Canberra [Compiled from 

information extracted from the Handbook of Australian, New Zealand and Antarctic Birds 

volumes 2 and 3 (Marchant, S., & P.J. Higgins (Eds) 1993 Raptors to Lapwings) (Marchant, 

S., P.J. Higgins & S.J.J.F. Davies (Editors) 1996 Snipes to Pigeons) and A National Plan for 

Shorebird Conservation in Australia (Watkins 1993)] 

Gallinago hardwickii - Latham's Snipe breeds in Japan and adjacent parts of Siberia. 

Habitat preferences in Australia are freshwater wetlands, on the Inland, upland and Coastal 

Plains. Prefers soft moist ground or shallow flooded areas. The species tend not to gather in 

large flocks, usually being observed singularly or in small loose groups The estimated Flyway 

Population is 36,000, of which some 15,000 visit Australia. It is unknown whether Australia 

has internationally important habitat for this species due to a lack of existing data - no sites 

have been identified as internationally important as the birds tend not to occur in large flocks 

and are highly mobile – however, this does not mean Australia is not important to the Flyway 

population. 

Gallinago stenura - Pin-tailed Snipe Breeding Area is the Arctic Tundra. Identified habitat 

preferences in Australia are freshwater wetlands, usually grass/sedge swamps or damp to 

wet grasslands. It is mainly seen in North West Western Australia. Birds migrate in small 

flocks of 5 – 10, but the species is rarely seen in flocks in Australia. There is insufficient data 

on the estimated Flyway Population and its distribution is poorly understood in Australia, and 

no sites have been identified as internationally important in Australia. 

Gallinago megala - Swinhoe's Snipe breeds in Central Siberia, Mongolia. Its habitat 

preferences in Australia are Freshwater wetlands, usually grass/sedge swamps or damp to 

wet grasslands. They are usually observed singularly or in small loose groups (


Limosa lapponica - Bar-tailed Godwit breeds in Northern Russia, Scandinavia, and NW 

Alaska. Its habitat preferences in Australia are mainly coastal, usually sheltered bays, 

estuaries and lagoons with large intertidal mudflats or sand flats. It is gregarious, small to 

large groups, numbering up to a 1000 can be seen at favourable roosting sites. The estimated 

Flyway Population is about 330,000, with some 165,000 visiting Australia. Six sites in 

Australia have been identified as being of international importance. 

Numenius minutus - Little Curlew breeds in Siberia. Its habitat preferences in Australia are 

coastal plains, grasslands, often recreational areas; it may forage in dry habitat, but 

congregate at freshwater eg. shallow inland pools. This species will forage in dispersed 

flocks, but congregate to drink and bathe. The estimated Flyway Population is around 

180,000, with most (180,000) visiting Australia. There are seven sites in Australia for this 

species that are of international importance. 

Numenius phaeopus – Whimbrel, breeds in Siberia, and Alaska. Its habitat preference in 

Australia are intertidal coastal mudflats, river deltas and mangroves, and occasionally sandy 

beaches. They forage singularly or in small groups, congregating in small to large flocks to 

roost. The estimated Flyway Population is around 40,000, with about 10,000 visiting Australia. 

Nine sites of international importance have been identified in Australia. 

Numenius madagascariensis - Eastern Curlew, breeds in Russia, and NE China. Its habitat 

preference in Australia are intertidal coastal mudflats, coastal lagoons, and sandy spits. They 

forage singularly or small groups, congregating in large flocks to roost. The estimated Flyway 

Population is around 38,000, with about 29,000 visiting Australia. There are nineteen sites in 

Australia of international importance for this species. 

Tringa totanus - Common Redshank, breeds in Western Europe It is a rare but regular 

visitor. Not know to visit Australia in significant numbers (


Actitis hypoleucos - Common Sandpiper, breeds in Western Europe, and Eastern Russia. It 

occupies a wide variety of inland and coastal wetlands – with varying levels of salinity - 

muddy margins or rocky shores. It may be observed either singularly or in small groups. The 

estimated Flyway Population is around 30,000, but only about 4,500 visit Australia. Two sites 

in Australia have been identified as being of international importance for the species. 

Heteroscelus brevipes - Grey-tailed Tattler, breeds in Siberia. Its habitat preferences in 

Australia are mainly sheltered coasts with reef or rock platforms or intertidal mudflats. They 

are usually in small flocks and roost in large numbers with other waders. The estimated 

Flyway Population is about 40,000, with most (40,000) reaching Australia. There are fourteen 

sites in Australia that are of international importance for this species. 

Heteroscelus incanus - Wandering Tattler, breeds in Siberia, and NW Canada. Its habitat 

preferences in Australia are rocky coasts – although it is not commonly seen in Australia 

(mainly east coast and islands). They have been observed either solitary or in small groups, 

and will roost communally, often with Grey-tailed Tattlers. The estimated Flyway Population is 

not known, nor do we know how many visit Australia as there is insufficient data on the 

species. No sites in Australia have been identified as internationally important for the species. 

Arenaria interpres - Ruddy Turnstone, breeds in Northern Siberia, and Alaska. It can occupy 

a wide variety of habitats - generally mudflats or rocky coastline – but rarely inland waters. 

They are usually in loose flocks of 20 – 100. The estimated Flyway Population is some 

31,000, with about 17,000 visiting Australia. Thirteen sites have been identified in Australia 

that are considered to be of international importance for the species. 

Limnodromus semipalmatus - Asian Dowitcher, breeds in Siberia, N China, Russia, and 

Mongolia. Its habitat preferences in Australia are usually intertidal sheltered coastal wetlands, 

mudflats, sand flats and estuaries. Gregarious, and usually in pairs or small groups - 

occasionally in groups >100 at a few favourable feeding and roosting sites. The estimated 

Flyway Population is around 23,000, but only about 530 visit Australia. There is one site in 

Australia of international importance for this species. 

Calidris tenuirostris - Great Knot, breeds in N Siberia. Its habitat preferences in Australia 

are coastal habitats, intertidal mudflats, estuaries, lagoons and sand flats. It is a gregarious 

species, often seen in small to large flocks often in hundreds or thousands at favoured sites. 

The estimated Flyway Population is around 380,000, with about 360,000 visiting Australia. 

Nine sites of international importance have been identified in Australia. 

Calidris canutus - Red Knot, breeds in Nth Siberia, and Alaska. Its habitat preferences in 

Australia are intertidal mudflats, sand flats, estuaries, and sandy beaches of sheltered coasts. 

This is a highly gregarious species, often seen in small to large flocks, and sometimes in 

thousands at favoured sites. The estimated Flyway Population is 220,000, with about 135,000 

visiting Australia. There are eight sites in Australia of international importance for the species. 

Calidris alba – Sanderling, breeds in the high arctic regions - Alaska, Greenland, and Russia. 

Its habitat preferences in Australia are mostly open sandy beaches. Another gregarious 

species, usually sighted in small to large flocks – or in hundreds at favoured sites. The 

estimated Flyway Population is 22,000, with about 9,500 visiting Australia. Eleven sites of 

international importance have been determined. 

Calidris ruficollis - Red-necked Stint, breeds in N Siberia, and Alaska. Its habitat 

preferences in Australia are mostly coastal sheltered inlets and estuaries with intertidal 

mudflats - occasionally on ocean beaches, and commonly on inland lakes. It is gregarious, 

often in dense flocks of hundreds to thousands. The estimated Flyway Population is 315,000, 

with some 245,000 visiting Australia. Thirty-two sites have been noted in Australia that are 

considered to be of international importance to the species. 

Calidris subminuta - Long-toed Stint, breeds in Siberia. Its habitat preferences in Australia 

are terrestrial wetlands, shallow freshwater or brackish wetlands with muddy or vegetated 

shoreline. They usually observed singly or in pairs, sometimes in small flocks at favoured 

57


sites, mainly in Western and central Australia. The estimated Flyway Population is 25,000, but 

the number visiting Australia is unknown due to insufficient data. No sites in Australia have 

been identified as internationally important for this species as yet. 

Calidris melanotos - Pectoral Sandpiper, breeds in N Russia, and N America. Its habitat 

preferences in Australia are shallow fresh to saline wetlands usually in coastal regions, but 

often inland as well. They are usually observed as solitary birds, in pairs or in small loose 

groups. The estimated Flyway Population is unknown as there is insufficient data. Similarly, 

the number visiting Australia is unknown. No sites have been identified in Australia as being 

internationally important to the species. 

Calidris acuminata - Sharp-tailed Sandpiper, breeds in NE Siberia. Its habitat preferences in 

Australia are muddy edges of shallow fresh or brackish water. It is common both on intertidal 

and inland waters. Gregarious, in small groups to large dense flocks (100s -1000s) – the most 

frequently encountered species in inland of Australia. The estimated Flyway Population is 

160,000, with around 140,000 visiting Australia. Thirty-eight sites of international importance 

have been recorded for this species here. 

Calidris ferruginea - Curlew Sandpiper, breeds in the Arctic Tundra. Its habitat preferences 

in Australia are intertidal mudflats of sheltered coastal areas, coastal lakes, estuaries, bays – 

and occasionally inland wetlands. This is a gregarious species, often in large flocks, and 

mixes freely with other small waders. The estimated Flyway Population is 180,000, of which 

some 155,000 visit Australia. There are seventeen sites of international importance for the 

species in Australia. 

Limicola falcinellus - Broad-billed Sandpiper, breeds in Scandinavia, and Russia. Its habitat 

preferences in Australia are sheltered coastal wetlands, mudflats, and estuaries. This species 

is usually seen singly or in small loose groups, occasionally in large groups at favoured sites 

in North Western Australia. The estimated Flyway Population is 25,000 of which 8,000 visit 

Australia. There is one site of international importance in Australia. 

Philomachus pugnax – Ruff, breeds in N Europe, and Russia. Its habitat preferences in 

Australia are usually terrestrial wetlands with exposed mudflats at edges. It is a rare, but 

regular visitor, mainly seen singly, pairs or small groups, associate with other small waders. 

The estimated Flyway Population and the numbers visiting Australia are at present unknown 

because of insufficient data. No sites in Australia have been identified as internationally 

important for this species. 

Phalaropus lobatus - Red-necked Phalarope, breeds in the Arctic and sub Arctic of Nth 

America and Europe and Russia. Its habitat preference in Australia is usually pelagic, but 

occasionally they are observed in coastal wetlands. Gregarious, mainly in tropical seas. 

Usually singly or small groups in Australia, with the largest numbers in North Western 

Australia. The estimated Flyway Population is 100,000 –1,000,000, but the numbers visiting 

Australia are uncertain due to insufficient data. No sites in Australia have been identified as 

internationally important for this species. 

Pluvialis fulva - Pacific Golden Plover, breeds in N Siberia, and Alaska. Its habitat 

preferences in Australia are mainly coastal, beaches, mudflats and sand flats and other open 

areas such as recreational playing fields. Usually observed in small to large loose groups. 

The estimated Flyway Population is 100,000, but only around 7,300 visit Australia. One site of 

international importance has been identified in Australia. 

Pluvialis squatarola - Grey Plover, breeds in the Arctic tundras, of Siberia, Alaska, and 

Canada. Its habitat preferences in Australia are coastal, intertidal mudflats, sand flats, sandy 

beaches, and rocky coastlines. They are usually seen solitary or in small groups, but roost in 

large groups often with other waders. The estimated Flyway Population is 125,000, with 

12,000 visiting Australia. There are five sites of international importance for this species in 

Australia. 

58


Charadrius bicinctus - Double-banded Plover, breeds in New Zealand. Its habitat 

preferences in Australia vary from littoral, estuarine and fresh or saline terrestrial wetlands, to 

grasslands and pasture. A gregarious species, that forms small loose groups and roosts in 

large flocks but rarely with other waders. The estimated Flyway Population is 50,000, and 

some 30,000 visit Australia. Nine sites of international importance have been recorded in 

Australia. 

Charadrius mongolus - Lesser Sand Plover, breeds in Central and NE Asia. Its habitat 

preferences in Australia are usually coastal, estuaries and littoral environments – sandflats 

and mudflats. Gregarious, forming small to large flocks - in hundreds at favoured sites in 

Northern Australia. The estimated Flyway Population is 130,000, with around 24,000 visiting 

Australia. There are seven sites of international importance for this species in Australia. 

Charadrius leschenaultii - Greater Sand Plover, breeds in Siberia. Its habitat preferences in 

Australia are coastal wetlands, intertidal mudflats or sand flats, sheltered sandy beaches. 

Gregarious, often forming flocks with the Lesser Sand Plover. The estimated Flyway 

Population is 100,000, with around 74,000 visiting Australia. There are nine sites of 

international importance for this species in Australia. 

Charadrius veredus - Oriental Plover, breeds in Mongolia and E China. Its habitat 

preferences in Australia are essentially inland - grasslands, roosts on beaches or muddy 

margins of terrestrial wetlands. Gregarious, small to large flocks mainly in North Western 

Australia. The estimated Flyway Population is 70,000, with most (70,000) visiting Australia. 

There are six sites of international importance in Australia for this species. 

Glareola maldivarum - Oriental Pratincole, breeds in China, Pakistan, the Indian 

subcontinent, Indonesia and the Malay Peninsula. Its habitat preferences in Australia are 

open country often near water, grassy flats and mudflats. This is a gregarious species that is 

usually seen in small to large flocks (but sometimes thousands) in many Islands; an aerial 

feeder that often follows thunderstorms. The estimated Flyway Population is 2,800,000 of 

which most (2,800,000) visit Australia. Ten sites of international importance have been 

recorded in Australia for this species. 

59


Appendix 3 

Bird Species Lists for the CAMBA and JAMBA Treaties 

Bird Species List for the CAMBA Treaty 

1. Streaked Shearwater Puffinus leucomelas (Calonectris leucomelas) 

2. Sooty Shearwater Puffinus griseus 

3. Leach's Storm-Petrel Oceanodroma leucorhoa 

4. White-tailed Tropicbird Phaethon lepturus 

5. Red-footed Booby Sula sula 

6. Brown Booby Sula leucogaster 

7. Great Frigatebird Fregata minor 

8. Andrew's Frigatebird Fregata andrewsi 

9. Least Frigatebird Fregata ariel 

10. Cattle Egret Bubulcus ibis (Ardeola ibis) 

11. Great Egret Egretta alba 

12. Eastern Reef Egret Egretta sacra 

13. Yellow Bittern Ixobrychus sinensis 

14. Glossy Ibis Plegadis falcinellus 

15. Garganey Anas querquedula 

16. Northern Shoveler Anas clypeata 

17. White-bellied Sea-Eagle Haliaeetus leucogaster 

18. Sarus Crane Grus antigone 

19. Red-legged Crake Rallina fasciata 

20. Corncrake Crex crex 

21. Pheasant-tailed Jacana Hydrophasianus chirurgus 

22. Painted Snipe Rostratula benghalensis 

23. Grey Plover Pluvialis squatarola 

24. Lesser Golden Plover Pluvialis dominica 

25. Ringed Plover Charadrius hiaticula 

26. Little Ringed Plover Charadrius dubius 

27. Mongolian Plover Charadrius mongolus 

28. Large Sand-Plover Charadrius leschenaultii 

29. Caspian Plover Charadrius asiaticus 

30. Little Curlew Numenius borealis (Numenius minutus) 

31. Whimbrel Numenius phaeopus 

32. Eurasian Curlew Numenius arquata 

33. Eastern Curlew Numenius madagascariensis 

34. Black-tailed Godwit Limosa limosa 

35. Bar-tailed Godwit Limosa lapponica 

36. Redshank Tringa totanus 

37. Marsh Sandpiper Tringa stagnatilis 

38. Greenshank Tringa nebularia 

39. Wood Sandpiper Tringa glareola 

40. Common Sandpiper Tringa hypoleucos 

41. Grey-tailed Tattler Tringa incana (Tringa brevipes) 

42. Terek Sandpiper Xenus cinereus (Tringa terek) 

60


43. Ruddy Turnstone Arenaria interpres 

44. Asian Dowitcher Limnodromus semipalmatus 

45. Latham's Snipe Capella hardwickii (Gallinago hardwickii) 

46. Pin-tailed Snipe Capella stenura (Gallinago stenura) 

47. Swinhoe's Snipe Capella megala (Gallinago megala) 

48. Red Knot Calidris canutus 

49. Great Knot Calidris tenuirostris 

50. Red-necked Stint Calidris ruficollis 

51. Long-toed Stint Calidris subminuta 

52. Sharp-tailed Sandpiper Calidris acuminata 

53. Dunlin Calidris alpina 

54. Curlew Sandpiper Calidris ferruginea 

55. Sanderling Crocethia alba (Calidris alba) 

56. Broad-billed Sandpiper Limicola falcinellus 

57. Ruff Philomachus pugnax 

58. Red-necked Phalarope Phalaropus lobatus 

59. Grey Phalarope Phaloropus fulicarius 

60. Oriental Pratincole Glareola maldivarum 

61. Pomarine Jaeger Stercorarius pomarinus 

62. White-winged Tern Chlidonias leucoptera 

63. Black Tern Chlidonias niger 

64. Caspian Tern Hydropogne tschegrava (Hydroprogne caspia) 

65. Common Tern Sterna hirundo 

66. Black-naped Tern Sterna sumatrana 

67. Bridled Tern Sterna anaethetus 

68. Little Tern Sterna albifrons 

69. Lesser Crested Tern Thalasseus bengalensis (Sterna bengalensis) 

70. Common Noddy Anous stolidus 

71. Oriental Cuckoo Cuculus saturatus 

72. White-throated Needletail Hirundapus caudacutus 

73. Fork-tailed Swift Apus pacificus 

74. Barn Swallow Hirundo rustica 

75. Greater Striated Swallow Hirundo striolata 

76. Yellow Wagtail Motacilla flava 

77. Yellow-headed Wagtail Motacilla citreola 

78. Grey Wagtail Motacilla cinerea 

79. White Wagtail Motacilla alba 

80. Great Reed-Warbler Acrocephalus arundinaceus 

81. Arctic Willow Warbler Phylloscopus borealis 

Bird Species List for JAMBA Treaty 

1 Streaked Shearwater Calonectris leucomelas 

2 Wedge-tailed Shearwater Puffinus pacificus 

3 Fleshy-footed Shearwater Puffinus carneipes 

4 Sooty Shearwater Puffinus griseus 

5 Short-tailed Shearwater Puffinus tenuirostris 

6 Wilson's Storm-petrel Oceanites oceanicus 

7 Leach's Storm-petrel Oceanodroma leucorhoa 

8 White-tailed Tropic-bird Phaethon lepturus 

9 Brown Booby Sula leucogaster 

10 Masked Booby Sula dactylatra 

11 Red-footed Booby Sula sula 

12 Greater Frigate-bird Fregata minor 

13 Lesser Frigate-bird Fregata ariel 

14 Cattle Egret Bubulcus ibis 

15 White Egret Egretta alba 

16 Garganey Teal Anas querquedula 

17 Ringed Plover Charadrius hiaticula 

18 Mongolian Sand-dotterel Charadrius mongolus 

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19 Large Sand-dotterel Charadrius leschenaultii 

20 Oriental Dotterel Charadrius asiaticus 

21 Eastern Golden Plover Pluvialis dominica 

22 Grey Plover Pluvialis squatarola 

23 Turnstone Arenaria interpres 

24 Red-necked Stint Calidris ruficollis 

25 Long-toed Stint Calidris minutilla (including Calidris subminuta) 

26 Baird's Sandpiper Calidris bairdii 

27 Pectoral Sandpiper Calidris melanotos 

28 Sharp-tailed Sandpiper Calidris acuminata 

29 Curlew Sandpiper Calidris ferruginea 

30 Knot Calidris canutus 

31 Great Knot Calidris tenuirostris 

32 Sanderling Crocethia alba 

33 Ruff (Reeve) Philomachus pugnax 

34 Buff-breasted Sandpiper Tryngites subruficollis 

35 Broad-billed Sandpiper Limicola falcinellus 

36 Little Greenshank Tringa stagnatilis 

37 Greenshank Tringa nebularia 

38 Wood Sandpiper Tringa glareola 

39 Grey-tailed Tattler Tringa brevipes 

40 Wandering Tattler Tringa incana 

41 Common Sandpiper Tringa hypoleucos 

42 Terek Sandpiper Xenus cinereus 

43 Black-tailed Godwit Limosa limosa 

44 Bar-tailed Godwit Limosa lapponica 

45 Eastern Curlew Numenius madagascariensis 

46 Whimbrel Numenius phaeopus 

47 Little Whimbrel Numenius minutus 

48 Pin-tailed Snipe Gallinago megala 

49 Japanese Snipe Gallinago hardwickii 

50 Red-necked Phalarope Phalaropus lobatus 

51 Oriental Pratincole Glareola pratincola 

52 South-polar Skua Stercorarius skua 

53 Pomarine Skua Stercorarius pomarinus 

54 Arctic Skua Stercorarius parasiticus 

55 White-winged Black Tern Chlidonias leucoptera 

56 Crested Tern Sterna bergii 

57 Asiatic Common Tern Sterna hirundo 

58 Black-naped Tern Sterna sumatrana 

59 Bridled Tern Sterna anaethetus 

60 Little Tern Sterna albifrons 

61 Noddy Anous stolidus 

62 Oriental Cuckoo Cuculus saturatus 

63 Spine-tailed Swift Chaetura caudacuta 

64 Fork-tailed Swift Apus pacificus 

65 Barn Swallow Hirundo rustica 

66 Yellow Wagtail Motacilla flava 

___________________________________ 

62


Appendix 4 

EPBC Act (1999) Listed Migratory Birds 

Migratory bird species listed under the Environment Protection and Biodiversity Conservation 

Act 1999 [includes those listed in the Japan-Australia Migratory Bird Agreement (JAMBA), 

China-Australia Migratory Bird Agreement (CAMBA), and Convention on the Conservation of 

Migratory Species of Wild Animals - (Bonn Convention)]. 

All species in the family Accipitridae for which Australia is a Range State. 

All species in the family Anatidae for which Australia is a Range State. 

All species in the family Charadriidae for which Australia is a Range State. 

All species in the family Falconidae for which Australia is a Range State. 

All species in the family Muscicapidae (sensu lato), including the sub-family Sylviinae, 

formerly listed as the family Sylviidae, for which Australia is a Range State. 

All species in the family Phoenicopteridae for which Australia is a Range State. 

All species in the family Recurvirostridae for which Australia is a Range State. 

All species in the family Scolopacidae, including the sub-family Phalaropodinae, formerly 

listed as the family Phalaropodidae, for which Australia is a Range State. 

All species in the genus Grus for which Australia is a Range State. 

Acrocephalus arundinaceus 

Anas clypeata 

Anas querquedula 

Anous stolidus 

Aplonis fusca 

Apus pacificus 

Ardeola ibis 

63

Arenaria interpres 

Bubulcus ibis (Ardeola ibis) 

Cacatua pastinator pastinator 

Calidris acuminata 

Calidris alba 

Calidris alpina 

Calidris bairdii 

Calidris canutus 

Calidris ferruginea 

Calidris mauri 

Calidris melanotos 

Calidris ruficollis 

Calidris subminuta 

Calidris tenuirostris 

Calonectris leucomelas 

Calyptorhynchus banksii graptogyne 

Capella hardwickii (Gallinago hardwickii) 

Capella megala (Gallinago megala) 

Capella stenura (Gallinago stenura) 

Charadrius asiaticus 

Charadrius dubius 

Charadrius hiaticula 

Charadrius leschenaultii 

Charadrius mongolus 

Charadrius veredus 

Chlidonias leucoptera 

Chlidonias niger 


64

Columba vitiensis godmanae 

Coracina tenuirostris melvillensis 

Crex crex 

Crocethia alba (Calidris alba) 

Cuculus saturatus 

Cyanoramphus novaezelandiae cookii 

Cyanoramphus novaezelandiae erythrotis 


Cyanoramphus novaezelandiae subflavescens 

Dasyornis broadbenti littoralis 

Diomedea amsterdamensis 

Diomedea bulleri 

Diomedea cauta 

Diomedea chlororhynchos 

Diomedea chrysostoma 

Diomedea epomophora 

Diomedea exulans 

Diomedea exulans 

Diomedea immutabilis 

Diomedea melanophris 

Dromaius baudinianus 

Dromaius minor 

Drymodes superciliaris colcloughi 

Egretta alba 

Egretta sacra 

Erythrura gouldiae 

Falcunculus frontatus whitei 

Fregata andrewsi 

65

Fregata ariel 

Fregata minor 

Gallicolumba norfolciensis 

Gallinago hardwickii 

Gallinago megala 

Gallinago stenura 

Geopsittacus occidentalis 

Gerygone insularis 

Glareola maldivarum 

Grus antigone 

Haliaeetus leucogaster 

Hemiphaga novaeseelandiae spadicea 

Hirundapus caudacutus 

Hirundo rustica 

Hirundo striolata 

Hydrophasianus chirurgus 

Hydroprogne caspia 


Hydroprogne tschegrava (Hydroprogne caspia) 

Ixobrychus sinensis 

Lalage leucopyga leucopyga 

Leipoa ocellata 

Lichenostomus melanops cassidix 

Limicola falcinellus 

Limnodromus semipalmatus 

Limosa lapponica 

Limosa limosa 

Macronectes giganteus 

66

Macronectes halli 

Manorina melanotis 

Merops ornatus 

Motacilla alba 

Motacilla cinerea 

Motacilla citreola 

Motacilla flava 

Neophema chrysogaster 

Nestor productus 

Ninox novaeseelandiae albaria 

Ninox novaeseelandiae undulata 

Notornis alba 

Numenius arquata 

Numenius borealis (Numenius minutus) 

Numenius madagascariensis 

Numenius minutus 

Numenius phaeopus 

Oceanites oceanicus 

Oceanodroma leucorhoa 

Pandion haliaetus 

Pardalotus quadragintus 

Petrophassa smithii blaawi 

Pezoporus wallicus flaviventris 

Phaethon lepturus 

Phalaropus fulicarius 

Phalaropus lobatus 

Philomachus pugnax 


67

Phoebetria fusca 

Phoebetria palpebrata 

Phylloscopus borealis 

Plegadis falcinellus 

Plegadis falcinellus 

Pluvialis dominica 

Pluvialis squatarola 

Poecilodryas superciliosa cerviniventris 

Procellaria aequinoctialis 

Procellaria aequinoctialis conspicillata 

Procellaria cinerea 

Procellaria parkinsoni 

Procellaria westlandica 

Psephotus chrysopterygius 

Psephotus pulcherrimus 

Psittaculirostris diophthalma coxeni 

Pterodroma leucoptera leucoptera 

Pterodroma solandri 

Puffinus carneipes 

Puffinus griseus 

Puffinus leucomelas (Calonectris leucomelas) 

Puffinus pacificus 

Puffinus tenuirostris 

Rallina fasciata 

Rallus pectoralis clelandi 

Rallus philippensis maquariensis 

Rhipidura cervina 


68

Rostratula benghalensis 

Stercorarius longicauda 

Stercorarius maccormicki 

Stercorarius parasiticus 

Stercorarius pomarinus 

Sterna albifrons 

Sterna anaethetus 

Sterna hirundo 


Sterna hirundo hirundo (populations breeding in the Western Palearctic) 

Sterna paradisaea (Atlantic populations) 

Sterna sumatrana 

Stipiturus malachurus intermedius 

Sula abbotti 

Sula dactylatra 

Sula leucogaster 

Sula sula 

Thalasseus bengalensis (Sterna bengalensis) 

Tringa brevipes 

Tringa glareola 

Tringa hypoleucos 

Tringa incana (Tringa brevipes) 

Tringa nebularia 

Tringa stagnatilis 

Tringa terek 

Tringa totanus 

Tryngites subruficollis 

Tryngites subruficollis 

69

Turdus poliocephalus poliocephalus 

Turdus xanthopus vinitinctus 

Xanthomyza phrygia 

Xenus cinereus (Tringa terek) 

Zosterops albogularis 

Zosterops strenua 


Appendix 5 

Biophysical Data for Hexham Swamp 

The following information is reprinted from Peterkin, B. (1998) Hexham Swamp - NSW 138. 

Hunter Catchment Management Trust, Newcastle. In my opinion it represents the best 

available summary of the biophysical attributes of this important wetland. 

Level of importance: National - Directory 

Location: Hexham Swamp is located at the confluence of Ironbark Creek and the Hunter 

River, 12 km upstream from Newcastle within Newcastle City Council Local Government 

Area. 

Area: Approx. 1,750ha (approx. 3800 ha catchment area). Elevation: 0 - 5m ASL. 

Site description: 

Physical features: Average annual rainfall for the area is 1114 mm with peaks in 

March and June. Temperature ranges from 26 degrees in the summer months to lows of 9 

degrees in winter (met data Williamtown). The Lower Hunter River is a barrier estuary formed 

by the deposition of sediments in swamps and flats lying between the inner and outer coastal 

barrier sands. The underlying geology is comprised of bedrocks, composed of medium 

grained massive grey sandstone and siltstone interspersed with shales and coal. In the lower 

reaches Hexham Swamp is predominantly brackish with dark, heavy and acidic clays. 

Hydrological features: The wetland is located in the lower reaches of the Hunter 

River Catchment, which is in excess of 25 000sq km. The wetland is predominately within the 

bounds of the Ironbark Creek Sub-Catchment which drains 12 500 ha of low-lying residential 

and agricultural lands. Previous land use and flood mitigation works have resulted in changes 

to the natural hydrological regime. 

Ecological features: Hexham Swamp is the largest wetland in the Hunter region with 

a total area of approximately 1,750 ha. Before the construction of floodgates on Ironbark 

Creek in 1971, approximately one third of this was estuarine wetland. Existing vegetation of 

the area includes mangrove forests and woodland with dominant species including Grey 

Mangrove Avicennia marina and River Mangrove Aegiceras corniculatum; salt marsh 

including species such as Samphire Sarcocornia quinqueflora, Marine Couch Sporobolus 

virginicus, Water Buttons Cotula coronopifolia, Sea Rush Juncus krausii, and Water Couch 

Paspalum distichum; Common Reed Phragmites australis grassland; ephemeral ponds and 

channels; freshwater swamp; Broad-leaved Cumbungi Typha orientalis swamp; semipermanent 

and permanent pools; and Swamp Oak Casuarina glauca forest and woodland. 

The remainder being a diverse freshwater system (approximately half reeds and half various 

herbaceous swamp types). This diversity of habitats attracted a diversity of fauna. The 

estuarine wetlands were used as feeding habitat by migratory waders and many smaller 

birds. The freshwater wetlands attracted a range of waterbirds including ducks, egrets, ibis, 

crakes, etc. Because of its large size, Hexham Swamp has a large carrying capacity for 

waterbirds. A study for National Parks and Wildlife Service in 1977/78 of the freshwater 

section of Hexham Swamp recorded thousands of waterfowl (ducks, swans, etc.), ibis and 

70


other species on some days. Historical records indicate that the waters of Hexham Swamp 

were an important fisheries habitat prior to construction of the floodgates. Ten frog species 

have also been recorded in Hexham Swamp, including the endangered Green and Golden 

Bell Frog Litoria aurea, although it is not known whether this species is still present. The 

construction of the floodgates and associated drainage works altered the habitats of Hexham 

Swamp, especially resulting in degradation of the estuarine wetlands. Most of this area is 

expected to be rehabilitated by the proposed opening of the floodgates. 

Notable flora: The rainforest climber, Cynanchum elegans, which is considered nationally 

Endangered has been recorded within Hexham Swamp. Another species of plant occurring in 

Hexham Swamp, Hornwort Zannichellia palustris, is listed as Endangered at a state level. 

Notable fauna: The Black-necked Stork Ephippiorhynchus asiaticus, and Green & Golden 

Bell Frog Litoria aurea, which are considered endangered at a state level have been recorded 

within Hexham Swamp. The following vulnerable species have been recorded in the Hexham 

swamp complex: Magpie Goose Anseranas semipalmata, Freckled Duck Stictonetta naevosa, 

Australasian Bittern Botaurus poiciloptilus, Painted Snipe Rostratula bengalensis, and Combcrested 

Jacana Irediparra gallinacea. In addition to these threatened species, Hexham 

swamp is the most important habitat in the Hunter region for the migratory Latham's Snipe 

Gallinago hardwickii which is listed under both JAMBA & CAMBA. Prior to construction of the 

floodgates the estuarine wetlands in Hexham Swamp also provided habitat for many other 

species listed under JAMBA and / or CAMBA, including: Red-necked Stint Calidris ruficollis, 

Bar-tailed Godwit Limosa lapponica, Eastern Curlew Numenius madagascariensis, Whimbrel 

Numenius phaeopus, Grey-tailed Tattler Tringa brevipes, and Greenshank Tringa nebularia. 

These and other migratory waders would be expected to return to Hexham Swamp once the 

estuarine habitats are re-established. 

Significance: Hexham Swamp is included on the Interim List of the Register of the National 

Estate as part of the listing of the Hunter River Estuary. In its submission to the EIS, the 

Australian Heritage Commission indicated that Hexham Swamp was of National Estate 

significance as it is the largest remaining waterfowl habitat on the lower north coast of New 

South Wales, it contains 37% of the remaining non-tidal wetland habitat on the lower Hunter 

floodplain, it supports a high diversity of bird species including over 30 species protected by 

international migratory bird treaties, it provides a valuable breeding and roosting area for 

birds, and it contains the largest samples of the nine vegetation types found on the Hunter 

River floodplain. 

Land tenure: 

On site: Currently Freehold agricultural land, Nature Reserve. 

Surrounding area: Freehold, leasehold. 

Current land use: 

On site: Nature conservation and Agriculture. 

Surrounding area: Agriculture, Urban Development 

Disturbance or threat: Past/present: Current threats include urban development, 

sedimentation, flood mitigation, acid sulphate soils. The 1971 construction of floodgates on 

Ironbark Creek substantially altered the natural tidal regime of Hexham Swamp, but this is 

considered to be substantially reversible. Other threats include grazing by cattle (these are 

being progressively removed and would be expected to be totally removed from the core of 

the swamp after completion of the rehabilitation works); stormwater pollution from the 

surrounding catchment much of which has been developed for many decades (newer 

subdivisions are incorporating features to mitigate the potential effects of stormwater runoff); 

feral animals, especially pigs (NSW National Parks & Wildlife Service conducts periodic 

control programs). Potential nutrient run off from surrounding urban and agricultural lands. 

Conservation measures taken: 900 ha is conserved within the Hexham Swamp Nature 

Reserve. Within this area weed and feral animal control programs are undertaken. On 

71


agricultural lands and along Ironbark Creek landholders and the Department of Land and 

Water Conservation undertake weed and feral animal control measures. Hexham Swamp is 

listed on the Interim Register of the National Estate. 

Management authority and jurisdiction: The management authority for the Hexham 

Swamp Nature Reserve is the Department of Environment and Conservation [NSW National 

Parks and Wildlife Service]. 

******************************************* 

Australian Biodiversity Record 

ISSN 1325-2992 

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