department of the environment and heritage annual report 2004 - 2005, part 2
TRANSCRIPT
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Legislation annual reports
Some Acts that the Department of the Environment and Heritage administers
require the department or minister to provide annual reports on their operation to
the parliament.
What this volume contains
This volume contains seven annual reports about the following legislation:
theEnvironment Protection and Biodiversity Conservation Act 1999
the Fuel Quality Standards Act 2000
theHazardous Waste (Regulation of Exports and Imports) Act 1989
the Ozone Protection an d Synthetic Greenhouse Gas Man agement Act 1989
the Product Stewardship (Oil) Act 2000
the Protection of Movable Cultural Heritage Act 1986
the Water Efficiency Labelling and Standards Act 2005
What this volume does not contain
Annual reports about the following legislation administered by the department are
provided to the parliament separately:
theNatural Heritage Trust of Australia Act 1997
theEnvironm ent Protection (Alligator Rivers Region) Act 1978 (the Supervising
Scientists annual report)
theNational Environment Protection Council Act 1994
the Wet Tropics of Queenslan d World Heritage Area Conservation Act 1994.
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Contents
Environment protection ................................ 1
Fuel quality ......................................................83
Hazardous waste ........................................ 101
Ozone protection ....................................... 111
Oil recycling ................................................. 121
Movable heritage ........................................ 135
Water efficiency ........................................... 151
Index ................................................................ 155
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Contents
Introduction ............................................................................................................ 4
Overview ................................................................................................................. 4
1. Protecting environment and heritage..................................................... 7
1.1 Focusing on matters of national environmental significance ............................ 7
1.2 Proposals involving Commonwealth land and/ or actions ................................. 8
Actions by the Australian Government and actions on Commonwealth land .. 8
Advice on authorising actions ............................................................................ 9
Exemp tions ....................................................................................................... 10
1.3 Increasing intergovernmental cooperation ...................................................... 10
Bilateral agreements .......................................................................................... 10
Heritage management ....................................................................................... 11
Species Information Partnerships ..................................................................... 12
1.4 Providing an efficient, timely and effective assessment and approval process .. 13Referrals ............................................................................................................ 13
Assessment of controlled actions .................................................................... 16
Approvals .......................................................................................................... 18
Post referral and app roval verification, monitoring and auditing ................... 19
Review of the Administrative Guidelines on Significance ............................... 20
Strategic assessments ........................................................................................ 21
1.5 Transparency and public awareness ................................................................. 22
Increasing stakeholder and public awareness ................................................. 22
Enhancing community participation ................................................................ 25
EPBC Unit .......................................................................................................... 26
National Farmers Federation EPBC Act Information Officer .......................... 26
Consultation registers ........................................................................................ 27
Advisory committees ......................................................................................... 27
2. Conserving biodiversity ............................................................................ 29
2.1 Identifying and monitoring biodiversity .......................................................... 29
2.2 Protecting species and ecological communities .............................................. 29Listed threatened species and ecological communities ................................... 29
Migratory species .............................................................................................. 33
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Listed marine species ........................................................................................ 34
Whales and other cetaceans ............................................................................. 35
Recovery plans and threat abatement planssection 284 report ................... 36
Wildlife conservation p lanssection 298 report ............................................. 39
2.3 International movement of wildlife .................................................................. 39
CITES activities .................................................................................................. 40
Sustainable wildlife industries .......................................................................... 41Wildlife trade permits and programmes ........................................................... 41
2.4 Conservation agreements ................................................................................. 42
3. Managing heritage and protecting significant areas ........................ 43
Listing and managing heritage p laces in Australia ........................................... 43
World Heritage .................................................................................................. 44
National heritage ............................................................................................... 45
Commonwealth heritage .................................................................................. 46
Wetlands of international importance .............................................................. 49Biosphere reserves ............................................................................................ 49
4. Monitoring and compliance .................................................................... 50
Overview ........................................................................................................... 50
Monitoring and compliance activities under Part 3 ......................................... 51
Prosecutions under the EPBC Act ..................................................................... 52
Review of EPBC Act decisions ......................................................................... 54
5. Reporting ....................................................................................................... 56
State of the Environment reporting .................................................................. 56Section 516A reporting ...................................................................................... 56
Appendix 1 Statistics on the operation of the Act during 200405................... 57
Appendix 2 EPBC Act related publications during 200405 ............................. 74
Appendix 3 Functions and membership of advisory committees under the Act.. 75
Appendix 4 Compliance with timeframessection 518 report ....................... 78
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Operation of theEnvironm ent Protectionan d Biodiversity Conservation Act 1999
Introduction
This report describes the operation of theEnvironment Protection and Biodiversity
Conservation Act 1999 (EPBC Act) from 1 July 2004 to 30 June 2005. This is the
fifth annual report on the operation of the EPBC Act as required by section 516.
As in previous years, this report follows a format allowing examination of the
operation of the EPBC Act against the key priorities in implementing the EPBC Act.
These p riorities are:
ensuring a clear role for the Australian Government in protecting matters of
national environmental significance (addressed in Part 1.1 of this report)
providing effective protection of the environment in proposals involving the
Australian Government (Part 1.2)
increasing intergovernmental coop eration and reducing duplication (Part 1.3)
providing an efficient, timely and effective assessment and approval process
with certainty for stakeholders (Part 1.4)
increasing transparency and public awareness (Part 1.5)
taking an integrated approach to conserving biodiversity (Part 2)
managing heritage and protecting significant areas (Part 3)
developing an excellent monitoring and compliance regime (Part 4).
OverviewThe Australian Government, through the operation of the EPBC Act, continues
to protect matters of national environmental significancenamely the values of
World Heritage prop erties and national heritage places, the ecological character of
internationally important wetlands, nationally threatened species and ecological
communities, listed migratory species, the Commonwealth marine environment
and the environment generally from nuclear actions. In addition, the EPBC
Act provides protection for the environment in relation to proposals involving
Commonwealth land and regulates the activities of Australian Government
agencies that might significantly impact on the environment.
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During 200405 the Department of the Environment and Heritage received 360referrals. It was decided that 67 of these referrals (63 after reconsideration) were
controlled actions requiring assessment and app roval under the EPBC Act, and that
a further 41 actions (44 after reconsideration) could proceed without approval if
taken in a particular manner. Decisions on the level of assessment required were
made for 38 actions, with 25 actions to be assessed by preliminary documentation,
two by public environment report, four by an environmental impact statement and
seven through an accredited state or territory process. A further 10 assessments
were commenced under bilateral agreements. Thirty-eight assessments were
completed during 200405, with 76 proposals under assessment at 30 June 2005.
During the year the department also received seven requests for advice undersection 160 of the EPBC Act from Australian Government decision-makers.1
Following assessment 26 actions were approved with conditions attached to the
approvals designed to p rovide protection for matters of national significance and
the environment. Advice was provided under section 160 of the EPBC Act on six
occasions. Overall the statutory timeframes for referral, assessment and approval
decisions and actions were met on 83 per cent of occasions, a slight decrease
overall from previous years. This is indicative of the time required for decision-
making on an increasing number of complex and sensitive proposed actions, and
the increasing work resulting from actions referred in p revious years now enteringthe approvals phase.
The new heritage system under the EPBC Act came into force on 1 January 2004,
and 200405 was its first full year of operation. The new system provides for the
establishment of the National Heritage List and the addition of national heritage
values to the matters of national environmental significance. It also p rovides for
the protection of Australian Government owned or managed heritage places,
including by establishing the Commonwealth Heritage List and obliging Australian
Government agencies, including the department, to develop heritage strategies and
management plans to protect heritage p laces for which they have responsibility.
As at 30 June 2005 11 places had been included in the National Heritage List and337 on the Commonwealth Heritage List.
The departments Environment Investigations Unit completed its first full year of
operation in 200405, significantly enhancing the departments compliance and
enforcement capabilities. The unit provides specialised investigative skills, thus
improving the departments capacity to carry out higher-level law enforcement,
including formal investigation and prosecution of possible offences under the
EPBC Act. In November 2004 the department co-hosted the first Australasian
Environmental Law Enforcement Conference in Melbourne, at which the Australasian
Environmental Law Enforcement and Regulators Network was launched.
1 Section 160 applies to certain Australian Government authorisations, such as providing foreign aid that is likely to
have a significant impact on the environment. See page 9.
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In October 2004 the Federal Court of Australia imposed a record $450 000 penaltyon a NSW farmer and h is company for illegally clearing and p loughing a wetland
of international importance. This was the first civil prosecution against a party in
relation to a matter of national environmental significance under the EPBC Act.
The court handed down a penalty of $150 000 for the individual and $300 000 for
his company. The court also issued an injunction preventing further agricultural
activity on the land in question, including the running of livestock on the site until
at least 2007, and ordered rehabilitation of the site.
Illegal wildlife trade is also a major area of compliance and enforcement activity for
the department. The department works both to raise public awareness of wildlifetrade issues and to train officers of the Australian Customs Service to detect illegal
wildlife trade. Customs is responsible for implementing the wildlife provisions of
the EPBC Act at the border. Over the year the department initiated a programme of
face-to-face training in the wildlife p rovisions of the EPBC Act for Customs officers
nationwide. As part of this programme the department ensures that Customs
border staff have ongoing access to up -to-date information to assist them in their
detection of illegal wildlife trade.
Australia again p layed a leading role in achieving very positive outcomes under
the Convention on International Trade in Endangered Species of Wild Fauna andFlora (CITES) to conserve species threatened by over-exploitation for international
trade. At the CITES Conference of the Parties in October 2004 Australia successfully
campaigned for the listing of the great white shark on the Appendices to CITES
and played an active role in advancing the protection of a number of other species,
including strongly opposing prop osals that would have facilitated the resumption
of commercial whaling, and supporting proposals to add humphead wrasse
(a threatened reef fish) to the CITES App endices.
During the year the Minister for the Environment and Heritage made or adopted
61 recovery plans covering 91 terrestrial species and one ecological community.Three further recovery plans were made for 13 marine species, and three recovery
plans for Australias five threatened whale speciesthe humpback, the southern
right, and blue, fin and sei whales. These whale recovery plans have been in
preparation for a number of years and reflect the new streamlined approach
to recovery planning. This approach focuses on the key threats of whaling and
habitat degradation and outlines the necessary actions to ensure recovery, for
example better defining population numbers and habitat use, preventing all forms
of whaling, and protecting important whale habitat.
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1. Protecting environment and heritage
1.1 Focusing on matters of national environmental significance
An important means of protecting matters of national environmental significance is
through identifying them as controlling provisions for actions that are likely to have
significant environmental impacts and therefore require assessment and approval
under the EPBC Act. Provisions of the EPBC Act also require certain actions to be
undertaken in a particular manner to avoid adverse impacts on matters of national
environmental significance. During the year 193 matters of national environmentalsignificance, and the environment generally in relation to proposals involving
Commonwealth land or agencies, were protected through these processes
(see Table 5, App endix 1 of this report).
In 200405 the most frequent controlling provision was again listed threatened
species and ecological communities, followed by listed migratory species.
Listed threatened species and ecological communities were determined to be
a controlling provision for 58 proposed actions, or 92 per cent of all actions
determined to require approval. Listed migratory species were also determined to
be a controlling provision for 25 of these proposals.
There were 13 controlled action decisions where the ecological character of a
Ramsar wetland was the matter protected, and eight proposed actions where
World Heritage values were determined to be a controlling provision. In the first
full year of operation of the new national heritage provisions, no proposed actions
were determined to require approval due to likely significant impacts on national
heritage values, although five proposals were referred where impacts on national
heritage values were possible. There were five controlled action decisions where
the controlling provision was the Commonwealth marine environment; these were
predominantly projects relating to petroleum exploration and development. Nonuclear actions were p roposed during the year.
More than one matter protected under Part 3 of the EPBC Act was determined to be
a controlling provision for 33 of the 63 proposals determined to require approval.
These actions typically involved potential impacts on species listed as both
threatened and migratory, or listed species found in or near the Commonwealth
marine environment, World Heritage prop erties or Ramsar wetlands. For example,
a proposal to develop a tourist and residential estate at South Mission Beach
in Queensland was determined to be a controlled action under both the World
Heritage and the listed threatened species and communities provisions of the EPBCAct. This was due, in particular, to potential impacts on the southern cassowary,
listed as endangered under the EPBC Act, and impacts on the World Heritage
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values of the ad jacent Wet Tropics World HeritageArea, for which the southern cassowary is also a
listed value.
A total of 26 actions were approved in 200405
with a range of conditions to ensure that matters
of national environmental significance and the
environment were protected. Two proposals were
approved without conditions. At 30 June 2005
76 actions affecting matters protected by the EPBC
Act were undergoing assessment; that is, a decisionhad been made on the assessment approach but the
assessment was still to be completed. These ongoing
assessments include 15 assessments conducted
under bilateral agreements and 31 assessments
conducted under state or territory processes that
have been accredited on a case-by-case basis.
Table 6 in App endix 1 of this report lists the types and number of assessment
approaches used during 200405.
The focus of the EPBC Act on protecting matters of national environmentalsignificance continues to positively influence the way in which developers design
projects, utilising best practice methods and measures in order to minimise
potential impacts on these protected matters, thereby avoiding or minimising the
need for assessment and app roval under the EPBC Act.
1.2 Proposals involving Commonwealth land and/or actions
Actions by the Australian Governm ent an d actions on
Com m onw ealth landIn 200405 six actions were determined to require ap proval under the EPBC Act
because of likely significant impacts on the environment on Commonwealth land,
and a further four actions by Australian Government agencies were determined to
be controlled actions.
One of these actions was an Australian Government Department of Defence
proposal to conduct the Talisman Saber 2005 major military exercise. This action
involved Australian and US forces in a range of military training activities that
included aircraft operations, naval manoeuvres, amphibious landings, field
training, live fire activities, and engineering works. The action was approvedsubject to specified conditions and took p lace in June 2005 at several locations
across northern Australia, including on Commonwealth land at Shoalwater Bay
Southern cassowary
Photo: Wet Tropics Management
Authority, Queensland.
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in Queensland. The approval included an agreement that an audit would beconducted on the implementation of the Shoalwater Bay Training Area Strategic
Plan (1996) by November 2005. The department anticipates that this audit will
play an important role in setting the scene for the strategic assessment of Defence
activities and facilitate the assessment of future major exercises.
Actions by the Australian Government or actions on Commonwealth land can also
require approval because of potential impacts on matters of national environmental
significance. An action for which both Commonwealth land and a number of
matters of national environmen tal significance were found to be controlling
provisions is the proposal to rep lace a ferry service in the Cocos (Keeling) Islandswith a new hovercraft operation. The proposal has the potential to impact on
heritage-listed buildings on Home Island, green and hawksbill turtles, and the
endangered buff-banded rail. The assessment of this proposal continued in 200405,
with the department to complete an assessment report for the proposal shortly.
The department also published a review of the conservation values of
Commonwealth land in western Sydney. This review identified four properties that
contained areas of high conservation value that warrant further protection. The
four properties are at Llandilo, Ingleburn, Orchard Hills and Holsworthy. They all
contain important remnants of vegetation communities once widespread on theCumberland Plain. These d iverse and relatively large areas of remnant vegetation
provide important habitat at the regional and national scale for native flora and
fauna. The department is currently negotiating with the Australian Government
managers of these properties, Airservices Australia and Defence, to ensure that
future development of such land is compatible with good conservation practice.
Advice on au thorising actions
Section 160 of the EPBC Act requires Australian Government agencies, or
employees of the Australian Government, to obtain and consider advice fromthe Minister for the Environment and Heritage in relation to authorisation for
specified actions, where those actions are likely to have a significant impact on the
environment. Actions on which advice has been sought have included providing
foreign aid, managing aircraft operations in airspace, and implementing major
development plans for a number of airports.
During 200405 advice was sought under section 160 on seven occasions (see
Table 8, App endix 1 of this report). These projects included major development
plans for the Parafield, Brisbane and Gold Coast airports, which involved
proposals for urban and commercial development, runway modifications, anda road bypass. Advice was also sought from the Great Barrier Reef Marine Park
Authority regarding a permit to dredge the departure path of the Port of Hay Point,
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Queensland, and the disposal of up to 14 million cubic metres of spoil within theGreat Barrier Reef Marine Park.
The minister provided advice on the proposal by Gold Coast Airport Ltd to extend
its runway from 2042 metres to 2500 metres to allow aircraft using the airport to
operate over a longer range. The advice concluded that the environmental impacts
of the p roposal should not prevent the Minister for Transport and Regional Services
approving the proposed major development plan, subject to conditions. These
conditions included requirements for a construction environmental management
plan, a pre-construction survey for endangered plants, compensatory revegetation,
a tree management plan, sediment and contamination control, and monitoring ofconstruction noise. Recommendations were also made in relation to aircraft noise.
Chevron Texaco applied for a permit under the Environment Protection (Sea
Dumping) Act 1981 in April 2004 to dredge, excavate and dispose of 12 million
cubic metres of dredge spoil from channels adjacent to Barrow Island in Western
Australia. The prop osed action was referred under section 160 of the EPBC Act
and is to be assessed by environmental impact statement. During 200405 the
proponent continued preparation of a draft environmental impact statement in
consultation with the department. It is anticipated that the draft will be submitted
to the dep artment in 200506.
Exem ptions
In 200405 one exemp tion on national interest grounds from the EPBC Act
assessment and approval requirements was granted to the Department of Defence
for the consolidation of specific science and technology activities supporting the
Australian Defence Force. A limited exemp tion was also granted to the
AlburyWodonga Development Corporation in relation to the additional
assessment and approval requirements applying to Australian Government
agencies after demonstrating that it is required to comp ly with relevant state andterritory environment and planning laws.
1.3 Increasing intergovernmental cooperation
Bilateral agreem ents
A key objective of the EPBC Act is to p romote a partnership ap proach to
environmental protection and b iodiversity conservation. To this end, the EPBC
Act aims to strengthen intergovernmental cooperation, and minimise duplication,
through the establishment of bilateral agreements that enable transparent andeffective accreditation of state and territory environmental assessment, and
potentially approval, processes.
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In 200405 a bilateral agreement with Queensland was completed. Bilateralagreements accrediting specified state and territory assessment processes are now
in place with Tasmania, the Northern Territory, Western Australia and Queensland.
Such agreements ensure that proponents and the p ublic need only deal with a
single assessment process, but with Australian Government scrutiny maintained
through the Minister for the Environment and Heritage still being required to grant
approval and set conditions for the p roject. During the year 16 projects had been
or were being assessed under a bilateral agreement.
The Australian Government is currently in discussions with New South Wales
and Victoria to develop bilateral agreements with those states. The AustralianCapital Territory has advised that amendments to relevant legislation will need to
be completed prior to further consideration of a bilateral agreement, and South
Australia is assessing whether to pursue the development of such an agreement.
In the absence of a bilateral agreement, the duplication of Australian Government
and state or territory assessment processes continues to be significantly reduced
through the use of case-by-case accreditation and coordinated assessments.
Accredited assessments meet at least those standards that would be required under
a bilateral agreement. During the year 39 projects had been or were being assessed
under state or territory processes accredited on a case-by-case basis.
Bilateral agreements and case-by-case accreditations provide for a more
efficient, timely and effective environmental assessment process. Proponents
are required to prepare and submit only one set of assessment documentation,
with the transparency of the process maintained through comprehensive public
consultation requirements.
Heritage m an agem ent
As a signatory to the World Heritage Convention, the Australian Government
cooperates closely with state authorities to ensure the protection and promotionof state-managed World Heritage properties is consistent with Australias national
undertakings under the convention. During 200405 the Australian Government
was involved in consultations and funding for reviews of management
arrangements for a range of listed p roperties, and was also actively involved in
reviewing and updating community, Indigenous, and technical and scientific
consultative committees for state-managed World Heritage p roperties.
The department supports activities that relate directly to discharging Australias
World Heritage responsibilities and to priorities that reflect the national interest,
including promotion, community engagement, and the development of strategicpartnerships. During 200405 the Australian Government funded activities in
state-controlled World Heritage properties that included agreed on-ground
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priority projects and strategic management support activities. The latter includedcommunity consultation through management, technical and scientific, and
Indigenous advisory committees, and coordination of World Heritage management
through the engagement of World Heritage Area executive officers.
The Australian Government joined the Queensland Government and 18 Rainforest
Aboriginal tribal groups in the development of the Wet Tropics Regional
Agreement, which was signed in April 2005. During 200405 the Australian
Government also cooperated closely with the Queensland Government in the
prosecution of an individual charged with felling timber within a state national
park, located within the boundaries of the Central Eastern Rainforest ReservesWorld Heritage property.
The department prepared draft Regulations to the EPBC Act specifying criteria to
be met by state or territory management plans for World Heritage properties and/or
national heritage places in order for them to be accredited under the EPBC Act.
These Regulations will be made in July 2005.
Species Inform ation Partn erships
The department, in association with the Threatened Species Scientific Committee,
continued to work towards improving both consistency between AustralianGovernment, state and territory threatened species lists, and the exchange of
information to support the listing and recovery of threatened species.
During 200405 the Australian Government and the South Australian, Victorian,
Tasmanian and New South Wales governments discussed arrangements to
exchange species information through Species Information Partnerships. The
Western Australian and Northern Territory governments provided information
on endemic species as part of finalised partnership agreements. Many of these
endemic species were assessed by the Threatened Species Scientific Committee for
eligibility for listing as threatened under the EPBC Act.
To continue building on the Species Information Partnership formed with the
Northern Territory Government, the committee met with representatives from
the Northern Territory Parks and Wildlife Service and other stakeholders in Alice
Springs in June 2005 to d iscuss threatened species conservation.
Species Information Partnerships reduce duplication, allow for more targeted
expenditure of limited conservation resources, and facilitate the best possible
conservation outcomes for threatened species.
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1.4 Providing an efficient, timely and effective assessmentand approval process
Referrals
During 200405 360 actions were referred to the Australian Governmen t for
decision on whether approval was required under the EPBC Act. Approximately
13 per cent of these referrals were the result of compliance action taken by
the department, an increase from p revious years reflecting the departments
enhancement of its compliance and enforcement capabilities. A total of 67 actions
(63 after reconsideration) were determined to be controlled actions and a further
41 actions (44 after reconsideration) were determined to be not-controlled actions
if taken in a particular manner.
Profile of actions referred under the EPBC Act
As for the p revious year the largest number of referrals came from Queensland,
which continues to have the highest number of controlled action decisions. These
figures reflect the pattern of development along the Queensland coast, potentially
impacting on the Great Barrier Reef and Wet Tropics World Heritage properties
and a number of Ramsar wetlands. Table 3 in Appendix 1 of this report lists thenumbers of referrals and decisions made by jurisdiction during 200405.
Activity categories for which a relatively large number of referrals were received
in 200405 include new urban and commercial development; energy generation
and supply; exploration activities (including on- and off-shore mineral, oil and gas
exploration); tourism, recreation and conservation management; and mining.
Table 4 in App endix 1 of this report lists the numbers of referrals and decisions
made by activity category during 200405.
Statu tory tim efram es perform an ce (referrals)The timeframe for deciding whether an action requires approval is 20 business
days, including a 10-day public comment period. During the year there were
37 late decisions on referrals, or 11 per cent of the total number. This compares
with 40 late decisions in 200304 (14 per cent of the total referral decisions for that
year). The average number of business days late for referral decisions in 200405 was
1.6 days, compared to an average of 2.5 since the commencement of the EPBC Act.
Where the statutory timeframe was not met, this was due to the increasing number
of detailed and complex projects being referred. There was also the need to seek
legal advice in some cases, and to deal with complexities arising from amendmentsmade to the EPBC Act on 23 September 2003, in relation to referrals that form a
component of a larger action, penalty provisions app licable to particular manner
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decisions, and provisions that came into force on 1 January 2004 in relation to theheritage amendments.
Further demonstrating the increasing complexity of referrals, the 20-day timeframe
for decision-making on referrals was suspended 42 times in 200405. This was due
to the need to seek further information before a decision could be made.
Decision trendsparticu lar m an ners decisions
The EPBC Act provides for the minister to decide that a referred proposal is not a
controlled action p rovided it will be taken in a particular or specified manner. This
provision may be used when there is clear evidence that a particular mitigation oravoidance measure will be employed to avoid significant impacts. Under section
77A of the EPBC Act penalties apply to breaches of particular manner decisions.
A total of 41 referrals (44 after reconsideration) during 200405 were decided to
be not-controlled actions provided they were carried out in a particular manner.
Projects that are decided to be not-controlled actions provided they are carried
out in a particular manner are often specifically designed to minimise or eliminate
adverse impacts on matters of national environmental significance.
The department actively encourages proponents through its education activities
to design p rojects and activities in ways that avoid impacts on matters of nationalenvironmental significance. The use of the particular manner decision allows the
minister to lock in these design approaches. The department believes that the use
of the particular manner decision is an effective way of promoting and supporting
a shift to better environmental practices by key industries.
Case study
Using the particular manner decision to deliver better environmental outcomes
with a streamlined processIluka Resources Mineral Sands Mine, Western
Australia
Iluka Resources Ltd proposed to construct and operate a mineral sands mine
in the Cataby region of Western Australia, along the Brand Highway. The
department was concerned about the potential loss of known habitat for the
Carnabys cockatoo , a listed endangered species under the EPBC Act. As part
of its referral documentation the company provided a report on the cockatoo
usage of the area, including the areas likely significance for breeding and
feeding and the potential for increased habitat fragmentation as a result of the
companys proposal.
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On the basis of this report, and through extensive consultation with relevant
stakeholders (including the Carnabys Cockatoo Recovery Team, Birds
Australia, the Dandaragan Shire Council, and state agencies such as the WA
Department of Conservation and Land Management and the WA Department of
Environment), the company then developed a detailed management plan that
identified the likely impacts of its activity on the listed species, and outlined
a range of avoidance, mitigation and management measures to minimise
possible impacts.
These measures included using buffer zones; suspending mining adjacentto nest areas during the breeding season; relocating two known nest trees;
salvaging suitable natural hollows and providing artificial ho llows; controlling
competitors (honey bees, galahs, corellas and wood ducks); developing a
detailed revegetation plan coupled with a conservation covenant on restored
and rehabilitated areas post-mining; and continuing consultation with key
stakeholders.
It was determined that the proposal was not a controlled action provided
it was taken in a particular manner that required full implementation of the
comprehensive management plan. The company welcomed the particularmanner decision as recognition of the substantial work undertaken to identify
and adequately manage the potential for impacts on the Carnabys cockatoo. The
work also improved understanding of this listed species distribution in the area
and will enable an analysis over time of the mitigation measures effectiveness.
Statem ents of reasons
Subsection 77(4) of the EPBC Act allows a person taking an action that the minister
has decided is a controlled action to request reasons for the decision. During200405 the department handled 12 such requests.
Reconsideration of decisions
Eleven referral decisions were reconsidered in 200405, with six decisions being
revoked and substituted with a new decision (see Table 2, Appendix 1 of this report).
While the number of reconsiderations is small when compared to the total number
of referral decisions, by consulting with key interests the department ensures that
any reconsideration decisions maintain the transparency and public accountability
inherent in the overall framework of the EPBC Act. Reconsideration can be justified
and can contribute to better environmental outcomes where there is substantial newinformation on the likely impacts on the matters protected by the EPBC Act.
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Case study
Environmental impact assessment of the Coral Sea Pearls Pty Ltd aquaculture
development in the Great Sandy Strait, Queensland
The proposed action involved the development and operation of a pearl oyster
facility at four sites in the Great Sandy Strait. The facility would be developed
in three stages and cover approximately 200 hectares when fully developed.
The key issues related to potential impacts on humpback whales, green turtles,
loggerhead turtles, flatback turtles, leathery turtles, dugong, Indo-Pacifichumpback dolphins, and a Ramsar wetland of international importance.
Prior to formally submitting p reliminary documentation for the proposed
action in August 2004, the proponent sought extensive advice from the
department on the range of potential impacts that the department might
need to consider during assessment under the EPBC Act. As a result of these
discussions, the proponent submitted preliminary documentation that clearly
addressed all the key issues of concern and enabled the proposal to be
assessed on the preliminary documentation.
No public submissions were received on the preliminary documentationduring the public consultation process. However the departments assessment
report concluded that there was considerable uncertainty about the potential
for adverse impacts on humpback whales from the proposed action. The
department determined that, in order to ensure that the proposal was unlikely
to have an unacceptable impact on matters of national environmental
significance, the proponent would need to satisfy a range of conditions. The
approval conditions included entanglement protocols to aid the safe release
of animals and the submission of satisfactory compliance reports prior to
constructing stages 2 or 3 of the development. The conditions also provided for
a review of the facilitys operation to be undertaken if the minister believes that
changes are necessary to protect species listed under the EPBC Act.
This case demonstrates the departments ability to assist proponents with the
assessment process and achieve sound environmental outcomes.
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Approvals
Twenty-eight controlled actions were app roved in 200405, and a further four
were awaiting decision at 30 June 2005 (see Table 7, App endix 1 of this report).
Actions approved include the Port of Airlie Resort and Marina Development in
North Queensland; the Wambo Coal Mine Expansion in the Hunter Valley; the
Casino Offshore Gas Field Development in Bass Strait; the Roe Highway Extension
in Perth; and the establishment of a parachute drop zone for military exercises on
the Townsville Field Training Area (see case study below). Conditions attached to
approvals included plans to manage the environmental impacts of construction,
monitoring programmes, compensatory habitat, independent audits, and measuresfor managing impacts on cetacean species.
Statu tory tim efram es perform an ce (approvals)
Twelve out of 28 approval decisions were made outside the statutory timeframe
in 200405, or 43 per cent of the total number. These delays were due to the
complexities of the issues under consideration and included the resolution
of social and economic issues. Other factors contributing to delays included
complex condition setting and the need to acquire up-to-date information on
the distribution and population size of listed threatened species. The need foradditional consultation with proponents and with state and territory governments,
and discussions with other Australian Government agencies, also p rovided
challenges to meeting the statutory timeframes for approval decisions.
Case study
Approval of the Townsville Field Training Area Parachute Drop Zone, North
Queensland
The Townsville Field Training Area Parachute Drop Zone project proposed by
the Department of Defence was determined to be a controlled action due to
the potential significant impacts on the environment on Commonwealth land
and on the squatter pigeon (southern subspecies)a listed threatened species
under the EPBC Act.
The proposed action involves the establishment and ongoing maintenance of
a cleared drop zone for use in parachute exercises in the Keelbottom sector
of the Townsville Field Training Area. The p roposed drop zone site contains
mixed ironbark and Reid River box woodlands with a grassy ground layer. The
proposed action involves clearing app roximately 208 hectares of woodland
vegetation. The site is to be cleared of trees, stumps, termite mounds and
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rocks. Erosion gullies and minor creek lines are to be re-contoured to minimise
hazards to parachutists.
The squatter pigeon (southern), listed as vulnerable under the EPBC Act, may
be potentially impacted by the proposed action. However, trees are not a vital
habitat element for this species as it forages and nests on the ground. The
existing grassy understorey is to be retained on the parachute drop zone and is
likely to continue to provide suitable foraging habitat for the species.
Three sites of local Indigenous heritage significance have been identified
within or near the proposed drop zone. The archaeological remains at the
three sites have a high level of Indigenous cultural heritage significance, and
two isolated stone artefacts located within the p roposed drop zone were
relocated outside the drop zone boundary under guidance from traditional
owners.
The Townsville Field Training Area Parachute Drop Zone was approved under
the EPBC Act with conditions on 5 April 2005. App roval conditions aim to
minimise the environmental impacts of establishing the drop zone and include
such measures as installing permanent erosion and sediment control measures
in all drainage lines; revegetation works using local grass species; identifying
and controlling weed species; providing protection for cultural heritage sites
through the designation of no go areas on maps and construction diagrams;
and establishing buffer zones along drainage lines and Keelbottom Creek. The
approval decision provides strong measures for protecting the environment on
Commonwealth land, including Indigenous heritage and the squatter pigeon,
while allowing Defence training activities to go ahead.
Post referral an d approval verification, m onitoring and auditing
Monitoring and auditing enable the department to verify compliance by
proponents with conditions of approval (or particular manner decisions), and
to ensure that the department remains engaged in protecting matters of national
environmental significance beyond the completion of the formal approval process.
The department has established a database to monitor compliance with ap proval
and particular manner decisions. Checks to ensure approval and particular manner
conditions are being met are now being successfully undertaken. These checks
have exposed a number of non-conformities, which are being addressed.
The department commissioned a consultantAustralian Quality Assurance and
Superintendence Pty Ltd (AQUAS)to develop a strategy and manual to assist
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the department with a rolling programme of voluntary audits. The voluntary auditprogramme is a partnership be tween the department and industry to monitor
the ecological sustainability of actions and decisions. AQUAS also assisted the
dep artment with its 200405 audit programme, which took p lace in MayJune
2005. The audits included approvals, a particular manner decision and a permit
issued under theEnvironment Protection (Sea Dum ping) Act 1981 , and involved
a coalmine, a golf course development, two tourism developments and a dredging
campaign.
The 200405 audit programme was based on a series of trial audits undertaken in
200304 of offshore seismic surveys that had been determined to be not-controlledactions if taken in a particular manner. While the aud its found a high degree of
compliance with the departments Guidelines on the application of the EPBC Act
to interactions between offshore seismic operations and larger cetacean s, they also
highlighted areas where the guidelines were ambiguous or needed updating.
A revision of the guidelines is currently under way.
The 200405 audit programme continued to inform the department on the
EPBC Acts operation, including the efficacy of the departments administrative
procedures. Two of the 200405 audits are now being used to resolve identified
issues and develop better management p lans. The department also includesindependent audit of approval conditions as part of the condition set for riskier
projects. Each p roject is subjected to a risk assessment at the time of approval in
order to better target resources.
Review of the Administrative Guidelines on Significance
The Administrative Guidelines on Sign ifican ce provide guidance on actions that
should be referred to the Australian Government Minister for the Environment
and Heritage for a decision on whether assessment and approval are required
under the EPBC Act. The review of the guidelines, involving public comment andinterviews with a range of stakeholders, was nearing completion in June 2005.
New and revised guidelines will form part of a new framework of EPBC Act policy
statements aimed at providing the best possible guidance to stakeholders.
In response to requests, and the recommendations of the Australian National Audit
Office Performance Audit of Referrals, Assessments and Approvals under the EPBC
Act, the department has developed new Guidelines for actions by Commonwealth
agencies and actions on, or impacting upon, Commonwealth land. New industry
sector guidelines are also being developed, providing more detailed guidance for
the aquaculture, agriculture (land-clearing), wind farm and urban developmentsectors. New and revised guidelines will be released for public comment and trial
use before final revision and publication.
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Strategic assessm ents
Env ironm ental m an agem ent processes, procedures and systems governing
the condu ct of m ajor m ilitary training exercises
On 8 August 2004 the Minister for the Environment and Heritage agreed to a
request by the Minister for Defence, Senator the Hon Robert Hill, to conduct
a strategic assessment under the EPBC Act of the Department of Defences
environmental management processes, procedures and systems governing the
conduct of major military training exercises.
The public was invited to comment on the draft terms of reference for the strategicassessment of major military exercises in MarchApril 2005. The Department of
Defence will suggest changes to the terms of reference and, with the agreement of
the Environment and Defence Ministers, the terms of reference will be finalised. The
Department of Defence will then prepare a report that addresses how environmental
impacts associated with major military exercises are to be managed. The report will
be released for public comment before it is considered by the minister.
A strategic assessment of Defence exercises is unprecedented internationally. The
expected benefit is that it will provide a more efficient process under the EPBC Act
for considering the environmental impacts of major military exercises.
Offshore petroleum exploration and appraisal activities in Com m onwealth
waters
A strategic assessment is being undertaken that describes the offshore petroleum
exploration and appraisal activities undertaken in Commonwealth waters, and
assesses the likely environmental, social and economic impacts of these activities.
The draft assessment prepared by the Department of Industry, Tourism and Resources
(DITR) was made available for public comment in FebruaryMarch 2005. DITR is
currently finalising the assessment, taking into account the comments received.
Sustainable fisheries assessm ents
Under the EPBC Act, the Dep artment of the Environment and Heritage assesses
the environmental performance of fisheries management arrangements to ensure
that fisheries are managed in an ecologically sustainable way and to identify areas
for improvement. All fisheries with an export component, including state-managed
fisheries, are required to undergo assessment before 1 December 2005. A total of
129 fisheries have been identified for assessment and during 200405 a substantial
effort was devoted to completing 50 comprehensive fishery assessments, with the
outcomes published in detailed reports on the departments web site (see Table 11,App endix 1 for details). This brings the total of completed assessments to 88.
A further 24 fisheries were under active assessment at the end of 200405.
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These assessments involve a broad range of recommendations that requireAustralian Government, state and territory fishery management agencies to
demonstrate improved environmental performance, and actively enhance the
ecologically sustainable management of fisheries in the short to medium term.
As a result of these assessments, fisheries management agencies are demonstrating
an increased commitment to ecologically sustainable fisheries management
practices, such as spatial management, enhanced research and data collection
processes, cross-jurisdictional management approaches, harvest strategies for
target and by-product species, mitigation and monitoring of protected species
interactions, the development of enhanced reference points and performance
measures for both target and non-target species, and enhancements to compliance
systems and measures to better enforce management arrangements and address
illegal harvesting.
During 200405 41 fisheries had their assessment deadline extended until 1
December 2005 due to their particular management arrangements. Priority will
be given to completing these assessments. Another priority will be to develop, in
consultation with Australian Government, state and territory fisheries management
agencies, a re-assessment process for the next round of fishery assessments due to
commence in 2006.
In 200405 11 statements of reasons were p rovided in respect of decisions made
concerning the assessment of fisheries under the EPBC Act. These statements of
reasons related to decisions concerning five Commonwealth managed fisheries,
eight state or Northern Territory managed fisheries, and product taken from high
seas fisheries.
1.5 Transparency and public awareness
Increasing stakeholder and public awarenessThe EPBC Act web site (www.deh.gov.au/epbc/index.html) continues to play a
vital role in increasing stakeholder and public awareness of the Act. During
200405 the site was upgraded in response to public feedback, and now includes
streamlined access to frequently used components, as well as news highlights. The
site continues to facilitate community involvement by publishing EPBC Act-related
public notices and invitations to comment. Each week the web site lists all permits
issued or granted and all matters from the p revious week required by the Act to be
made available to the public.
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Referrals, assessments and approvals
Referral documentation and all principal decisions in relation to referrals,
assessments and approvals are posted on the site. Invitations to comment are
posted with referral documentation. During 200405 public comments were
received on 92 referrals. The EPBC Act Protected Matters Search Tool is also
available through the site, or directly at www.deh.gov.au/erin/ert/epbc/ index.html.
The draft public environment report for a proposal to replace a ferry service in
the Cocos (Keeling) Islands with a new hovercraft operation was published for
public comment in May 2005. In order to overcome possible language and literacy
obstacles, public meetings were held on Home Island and West Island, with the
assistance of interpreters, during the public comment period to ensure that the
local community had the opportunity to participate in the consultation process.
Heritage
During the year referral documentation on the EPBC Act web site was revised to
incorporate the new heritage requirements, and to recognise Indigenous issues
involved in protecting heritage values under the EPBC Act. Public awareness of
the Australian Governments role in heritage management was promoted through
improving the way in which advice and public notices are presented on thedepartments web site (at www.deh.gov.au/heritage/laws/index.html).
In August 2004 the $3 million Sharing Australias Stories programme was
announced, to promote awareness of Australias heritage places and contribute to
implementing the new heritage system.
Listed threatened species an d ecological com m unities
A major development in making information available to the public was the
launch of the Species Profile and Threats (SPRAT) database on the departments
web site at www.deh.gov.au/ sprat. The SPRAT database stores key biological
and ecological information on threatened species and ecological communities,
migratory species, marine species and species subject to international trade and
commercial use listed under the EPBC Act. It is designed to assist people to make
more accurate decisions about whether their proposed activity may require referral
for approval under the EPBC Act. The database also provides general information
on threatened species and ecological communities conservation. There is currently
information available on 400 listed species and new information is added regularly.
An information sheet on how to use SPRAT was produced and distributed to
stakeholders including consultants, state and territory government agencies andnon-government organisations.
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A frequently asked questions information guide about the commercially fishedspecies (southern bluefin tuna, orange roughy, eastern gemfish and school shark),
currently nominated for listing as threatened under the EPBC Act, was produced
and published on the departments web site at www.deh.gov.au/biodiversity/
threatened/nominations/fishfaq.html. The guide outlines the listing process
and the possible implications for stakeholders, should the species be listed as
threatened.
The department developed a communication strategy with the Australian Fisheries
Management Authority to improve fishers reporting of incidental interactions with
EPBC Act protected species such as dolphins, seals, whales and turtles. A protectedspecies identification guide was developed to assist fishers and the general public
to identify listed species and to encourage reporting of incidental capture.
As in previous years the department continued to publish new nominations of
threatened species, threatened ecological communities and key threatening
processes on the departments web site and to provide a formal two-month
public comment period. During 200405 a page was added to the web site
listing nominations that have been granted extensions to the 12-month statutory
timeframe for consideration by the Threatened Species Scientific Committee. This
has made it easier for interested p ersons to track the progress of nominations.Amendments to the lists of threatened species, threatened ecological communities
and key threatening processes, as well as the Threatened Species Scientific
Committees advices to the minister, continue to be published on the departments
web site.
Conservation advice was developed and published on the departments web site
for species and ecological communities listed in 200405. Pending the p roduction
of recovery plans, conservation advice provides guidance to regional planning
processors, community groups, landholders and other stakeholders on recovery
and threat abatement activities that can be undertaken immediately to assist theconservation and recovery of newly listed species or ecological communities.
Information sheets on listed ecological communities now include this conservation
advice. In relation to turtles and sharks, the department also communicates
recovery actions and key issues to the p ublic through regular newsletters,
distributed via the departments web site and by members of the National Turtle
and Shark Recovery Groups.
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Enhan cing comm unity participation
Presentations and workshops
During 200405 the dep artment gave increased emphasis to targeted
communications supporting voluntary compliance with EPBC Act requirements.
Key targets included agencies with regulatory and planning responsibilities that
have direct contact with people who may be affected by the EPBC Act. The
department held training sessions for key staff of local governments and Catchment
Management Authorities in Queensland, New South Wales, South Australia and
Victoria. The half-day sessions outlined the ways in which the EPBC Act may affectthese agencies clients and how the agencies can facilitate compliance.
This approach has led to closer and more effective cooperation between the
department and local and regional bodies, with many clients now receiving initial
information on the EPBC Act through these agencies. There has also been a
healthy exchange of information and views, allowing the department to adjust its
responses and processes to take account of feedback from people on the ground.
More than 20 training sessions, attracting between 20 and 40 participants, were
held throughout the eastern states during the year. These were supplemented
with visits to Western Australia and the Northern Territory by staff engaged in theenvironmental assessment of particular projects, who took the opportunity to brief
state and local government officials on general EPBC Act requirements and issues.
Regional risk a ssessm ent project
One outcome of the closer working relationship with local and regional bodies has
been the development of projects to establish baseline information and develop
an EPBC Act risk analysis for two h igh growth regions, one in Western Australia
and the other in Victoria. The department is working with local governments
and relevant regional bodies in the GeelongSurf Coast area in Victoria andin the region centered on Bunbury in Western Australia to develop a shared
understanding of the risks to matters of national environmental significance arising
from rapid urban development in those areas. These p rojects aim to produce both
data and advice for planning and regulatory agencies directly involved in those
regions. The projects are pilot projects designed to test the methodology for use in
other areas facing rapid growth over the next decade. Outcomes from the projects
are expected to be available later in 2005.
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EPBC Unit
The EPBC Unit is a joint project of WWF Australia, the Australian Council of
National Trusts and the Tasmanian Conservation Trust, with funding from the
Australian Government. The purpose of the EPBC Unit is to increase community
awareness of the EPBC Act, and to assist community interests to become involved
in its operation. During 200405 outreach services on the new heritage system
were integrated into the Unit. The EPBC Unit has made a significant contribution
to the successful operation of the EPBC Act through the active engagemen t of
stakeholders in relation to the operation and requirements of the EPBC Act.
National Farm ersFederation EPBC Act Inform ation Officer
In 2004-2005 the department and the National Farmers Federation (NFF) continued
to support the role of the NFF EPBC Act Information Officer in providing advice
and assistance to farmers and rural stakeholders on the EPBC Act. The EPBC Act
Information Officer provides:
clear, free explanations and advice about the EPBC Act
assistance with referral, assessment and approval processes
information products such as guides, fact sheets and web sites information and training about the EPBC Act to the NFF and associated
organisations and rural stakeholders
assistance with consultative processes, such as comments on nominations for
threatened species, ecological communities, key threatening processes, and
recovery plans
feedback to the NFF and the department about the operation of the EPBC Act in
rural areas.
The EPBC Act Information Officer continued to foster improved relationships
between the department, rural stakeholders, conservation groups, state and
territory agencies, and local governmen ts, and to give EPBC Act presentations to
farmers and rural stakeholders, particularly at the request of state and territory
farming organisations, commodity groups, and state and territory government
agencies in New South Wales, South Australia, Tasmania and Queensland. These
presentations, as well as radio interviews in the field, have greatly contributed to
raising EPBC Act awareness in the farming community.
The department, in collaboration with the EPBC Act Information Officer, continued
to up date the web page Farmers and the EPBC Act. The web page leads farmers
quickly to the information they need to work with the EPBC Act.
See www.deh.gov.au/epbc/farmers.
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Consultation registers
Under section 266A of the EPBC Act, a register is maintained for persons or bodies
interested in being invited to submit comments on permit app lications relating to
listed threatened species and ecological communities, listed migratory species,
cetaceans and listed marine species. The registration period is 12 months.
At 30 June 2005 15 people were registered.
Advisory comm ittees
Threatened Species Scientific Com m itteeThe Threatened Species Scientific Committee is appointed under subsection 502(3)
of the EPBC Act. The committees role is to advise the Minister for the Environment
and Heritage on amending and updating lists of threatened species, threatened
ecological communities and key threatening processes and on making or adopting
recovery plans and threat abatement plans. The committee may also provide
additional advice to the minister on issues relating to these responsibilities. The
current membership of the committee is listed in Table 12, Appendix 3 of this report.
In 200405 the committee met four times: on 1516 September 2004, 89
December 2004, 89 March 2005 and 1417 June 2005. A major focus of thecommittees work in 200405 was the assessment of the conservation status
of a large number of Northern Territory and Western Australian species that
are inconsistently listed under the EPBC Act and state or territory legislation.
Information to sup port the committees assessment was provided by the Northern
Territory and Western Australian governments.
The committee substantially progressed its assessment of several complex
threatened species nominations, including the koala and a number of commercially
fished marine species. Once its consideration of these nominations is finalised,
the committee will provide a recommendation to the minister on these specieseligibility for listing.
Throughout 200405 the committee discussed several strategic issues within its
terms of reference, including the conservation of marine species, developing
mechanisms for measuring the success of recovery plans, and effective solutions to
the challenges of listing threatened ecological communities.
Biological Diversity Advisory Com m ittee
The Biological Diversity Advisory Committee advises the minister on matters
relating to the conservation and ecologically sustainable use of biological diversity.The functions, terms of reference and current membership of the committee are
listed in Table 13, Appendix 3 of this report.
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The committee held its thirteenth meeting on 56 April 2005. At this meeting thecommittee agreed that climate change, long-term monitoring, taxonomy, and
biodiversity communication continue to be major areas requiring its attention.
At its twelfth meeting (in May 2004) the committee agreed that the lack of taxonomic
resources in Australia to meet demand constituted a taxonomic crisis. Therefore in
200405 the committee began working with stakeholders to ensure that implications
for biological diversity are considered in developing solutions to this problem.
The committee continued to focus attention on regional natural resource
management planning, through its contribution and commitment to the project
Evaluation of Biological Diversity Outcomes in the Natural Heritage Trust an dNational Action Plan for Salinity and Water Quality Regional Investment. The
committee expects to continue its input in 200506 as further advice is sought.
The committee published the bookletMakin g economic valuation work for
biodiversity conservation , building on the national Economic Value of Biodiversity
workshop, held in 2003 and jointly sponsored by the department and Land and
Water Australia.
During the year theNational biodiversity and climate change action plan 2004-2007
was released. The committee provided advice that informed the development of
the action p lanone of the first national plans in the world to identify actions toreduce the impact of climate change on biodiversity.
Indigenou s Advisory Com m ittee
The Indigenous Advisory Committee normally meets at least twice a year,
sometimes jointly with the Biological Diversity Advisory Committee. Meetings are
rotated around states and regions. In 200405 the committee met once, in May
2005 in Canberra.
The committee advises the minister on Indigenous issues under the EPBC Act.
Issues the committee advised on in 200405 include:
Indigenous involvement in the management of World Heritage areas
Indigenous involvement in the management of Ramsar wetlands
Indigenous involvement in the management of threatened species and
ecological communities
the EPBC Regulations under development relating to access to biological
resources in Commonwealth areas
bilateral agreements between the Australian Government and state and territory
governments concerning environmental impact assessment
Indigenous involvement in Commonwealth marine areas.The functions, terms of reference and current membership of the committee are
listed in Table 14, Appendix 3 of this report.
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2. Conserving biodiversity
2.1 Identifying and monitoring biodiversity
Inventories of listed threatened species etc. on Com m onwealth land
Under section 172 of the EPBC Act, inventories of listed threatened species and
ecological communities, listed migratory species and listed marine species on
Commonwealth land have been prepared. These inventories identify the p resence
and abundance of species and continue to be updated to take account of newspecies information as it becomes available. The information is used to inform
decisions under the EPBC Act and to update the Species Profile and Threats
(SPRAT) database.
Surveys of cetacean s, listed threatened species etc. in Com m on wealth
marine areas
Section 173 of the EPBC Act requires surveys of cetaceans, listed threatened species
and ecological communities, listed migratory species and listed marine species
in Commonwealth marine areas. During the rep orting period, the AustralianGovernment p rovided Natural Heritage Trust funding to 12 projects which included
surveys of cetaceans, including blue, southern right, humpback and sperm whales
and other small cetaceans. The information is used to inform decisions under the
EPBC Act and to update the Species Profile and Threats (SPRAT) database.
2.2 Protecting species and ecological communities
Listed th reaten ed species and ecological com m unities
During 200405 the Threatened Species Scientific Committee continued to advisethe minister on amending and updating the lists of threatened species, threatened
ecological communities and key threatening processes; and on making or adopting
recovery plans and threat abatement plans.
Listing process for species
There were 23 public nominations received under the EPBC Act for species during
200405. The minister made decisions on advice from the Threatened Species
Scientific Committee in regard to 30 species nominations, including a number of
nominations received p rior to July 2004, resulting in 25 amendments to the list ofthreatened species (see Table 9, App endix 1 of this report).
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The committee must provide advice to the minister within 12 months of receivinga nomination. Due to an administrative error, advice on one species was
approximately two weeks late. On all other occasions the deadline was met or an
extension sought as required. The minister made all 30 decisions on advice from
the Threatened Species Scientific Committee within the statutory 90-day timeframe.
During 200405 the minister made a decision to transfer the Galaxias pedderensis
(Pedder galaxias), a freshwater fish endemic to Tasmania, from the endangered
category to the extinct in the wild category. The Pedder galaxias is the first species
to be listed as extinct in the wild. The species was originally listed as endangered
under the previous Commonwealth threatened species legislation, the EndangeredSpecies Protection Act 1992, which did not have an extinct in the wild category.
The change in category was not representative of an increased level of threat to the
species, bu t an updating of the list to accurately reflect the species conservation
status and the new category available under the EPBC Act.
The species met the criteria for listing as extinct in the wild because it is only found
outside its natural range in two translocated populations, which are managed
for conservation purposes. As a listed threatened species, the Pedder galaxias is
a matter of national environmental significance; that is, if a proposed action is
likely to have a significant impact on the species the action must be referred to theAustralian Government for approval under the EPBC Act.
Listing process for ecological com m unities
In addressing the inherent complexity of adequately identifying and defining
broad-extent ecological communities, the ap proach to listing ecological
communities has been refined. The new approach more clearly defines the extent
and value of ecological communities. Traditionally, ecological communities
listed under the EPBC Act have been defined in such a way that a wide range of
condition classes are encompassed, from good to poor condition. Under the new
approach, developed by the Threatened Species Scientific Committee and agreed
to in-principle by the minister, condition classes are used to clearly define the
listed ecological community. While legislative protection is afforded to the listed
ecological community, recognition is also given to those components that are
degraded, but which could be recovered or which help conserve key ecological
functions. These degraded components are identified as suitable for natural
resource management investments such as the Natural Heritage Trust.
As at 30 June 2005 the Threatened Species Scientific Committee was considering 31
nominations to list ecological communities, and working through the assessment of
over 600 threatened ecological communities listed under relevant state and territory
legislation. To ensure that all ecological community listings are scientifically sound,
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the assessment of nominations includes extensive research, public consultation andreceiving the views of relevant experts. Six technical workshops involving experts
and Australian Government and state officials were held during the year to assist in
identifying the status of nominated ecological communities and to define condition
classes. Technical workshops were held for yellow boxred gum grassy woodland,
the irongrass natural temperate grassland of South Australia, peppermint box
grassy woodland of South Australia, weep ing myall woodlands, western (basalt)
plains natural temperate grasslands, and Victorian western basalt plains grassy
woodland.
Three new public nominations were received during the year, for the MissionRoad viney hardwood forest of Norfolk Island, coastal scrub on alkaline sand, and
temperate lowland p lains grassy wetland. The minister made decisions on advice
from the Threatened Species Scientific Committee in regard to three ecological
community nominations, resulting in three amendments to the list of ecological
communities. All three decisions were made within the statutory 90-day timeframe.
Listing process for key threatening processes
Two nominations were received under the EPBC Act for key threatening processes
during 200405. The minister made decisions on advice from the Threatened
Species Scientific Committee in regard to three key threatening processes resulting
in two amendments to the list of key threatening processes. These were the listing
of the biological effects, including lethal toxic ingestion, caused by cane toads (see
case study below), and the loss of biodiversity and ecosystem integrity following
invasion by the yellow crazy ant (An oplolepis gracilipes) on Christmas Island in the
Indian Ocean. The minister made all three decisions within the statutory 90-day
timeframe.
Case study
Biological effects caused by cane toads listed as a key threatening process
The b iological effects, including lethal toxic ingestion, caused by cane toads
(Bufo marinus) was listed as a key threatening p rocess in 200405.
The cane toad was introduced to Australia in 1935 to control two species of
cane beetle. Whilst the species was unsuccessful in controlling cane beetles,
it has proven to be h ighly invasive. Since its introduction to Australia, the cane
toad has spread south and west and now occurs in Queensland, the Northern
Territory and New South Wales.
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There is considerable concern amongst experts and the broader community
about the impact of the cane toad on native species through p redation and
competition. Cane toads also possess highly toxic chemical predator defences
and there are many scientific and anecdotal reports of deaths of native
predators that have attempted to consume cane toads. For example, recent
studies in Kakadu National Park have shown that northern quolls are becoming
locally extinct following cane toad invasion. The northern quoll was listed as
endangered during 200405, as it has undergone a substantial reduction in
numbers and is likely to continue to decline in the immediate future. Whilst
there may be several factors that have contributed to the current status of the
northern quoll, including changes in vegetation structure, fire frequency, and
the introduction of exotic herbivores, the invasion of cane toads throughout
their range has rapidly accelerated this decline.
Measures aimed at addressing cane toads currently under way include research
into biological and local control methods, working with the Western Australian
and Northern Territory governments and community groups to address the
advancing cane toad front, and the development of a national approach to
address cane toads by the Natural Resource Management Ministerial Council.
Changes to the Register of Critical Habitat
In 200405 critical habitat for the Ginninderra pepp ercress (Lepidium
ginninderrense) was added to the Register of Critical Habitat under section 207A
of the EPBC Act. The listed critical habitat is the northwest corner of the Belconnen
Naval Transmission Station, ACT, where the only known population of the species
occurs.
Perm its for listed threatened species an d ecological com m unities