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Version No: 2 GUIDANCE ON THE PREPARATION OF AN

ENVIRONMENTAL REPORT

Technical Authority: ASEEIssue Date: Nov. 2017 Subject Matter Expert: DEPAReview Date: Nov. 2018

PART A.1

OUTLINE TO ER GUIDANCE

Purpose of this Document

This document provides guidance on the requirements for preparing an Environmental Report (ER) for the Department of Defence. It is intended as guidance for consultants / contractors in ER preparation and for proponents to understand the key requirements of an ER.

What is an Environmental Report (ER)?

An ER evaluates the potential environmental impacts of a Defence action, the potential significance of those impacts and any relevant management measures to avoid, minimise or offset environmental harm.

An ER does not replace a more detailed Environmental Impact Assessment, Environmental Impact Study or Public Environment Report. ER’s are not the sole document pathway for environmental impact assessment in Defence – but they will be the most common starting point for major projects or those actions likely to disturb environmental or heritage values on the Defence estate.

An ER provides a synthesis of technical information relevant to the environmental aspects of an action in order to identify:

hazards and associated environmental risks; the potential for a significant impact to matters protected by the Environment Protection

and Biodiversity Conservation Act 1999 (EPBC Act); other environmental legislative obligations; and appropriate mitigation measures and controls that could be implemented to reduce

environmental impacts.

The ER is a factual, technical report that informs Defence for the purpose of ‘self-assessment’ under the EPBC Act.

The ‘self-assessment’ is prepared by Defence (DEPA) to determine whether the action requires formal referral to the

Australian Government Minister for the Environment (the Environment Minister) and/or whether a permit is required.

The ER also assists Defence determine whether the action requires more detailed impact assessment. Note that these two outcomes can be independent of each other – Defence may commission further studies without ultimately referring the action in question and Defence may also refer the action at this point without conducting any further impact assessments. Where a referral is required, the information prepared for the ER will likely form the basis of the referral.

Preparation of an ER usually involves a desk-based review of existing documentation, however for certain ERs this may also involve the conduct of targeted field surveys. The surveys may be

ER Guidance V.2 (Nov. 2017) Defending Australia and its National Interests1 of 31

included in the scope of work for the ER or may be recommended by the consultant undertaking the ER (see ‘Do’ section on page 4 for further information).

Matters protected under Part 3 of the EPBC Act directly relevant to Defence and requiring consideration within an ER include:

World Heritage properties (refer to sections 12 and 15A of the EPBC Act); National Heritage places (sections 15B and 15C); Wetlands of international importance (Ramsar) (sections 16 and 17B); Listed threatened species and communities (sections 18 and 18A); Listed migratory species (sections 20 and 20A); Protection of the environment from nuclear actions (sections 21 and 22A); Commonwealth marine environment (sections 23 and 24A); Great Barrier Reef Marine Park (sections 24B and 24C); Commonwealth Heritage places outside the Australian jurisdiction (sections 27B and

27C); and The ‘environment’ as defined by section 528 of the EPBC Act (section 28).

The development of an ER must include use of the following Australian Government resources: Department of the Environment and Energy (DoEE) policy statement titled Significant

Impact Guidelines 1.1 – Matters of National Environmental Significance (hereafter SIG 1.1).

DoEE policy statement titled Significant Impact Guidelines 1.2 Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies (hereafter SIG 1.2).

DoEE Interactive Mapping Tool / Protected Matters Search Tool (PMST) (http://www.environment.gov.au/epbc/pmst/) to identify known EPBC protected matters relevant to the action (results of the search should be attached as an Appendix in the ER).

DoEE website (http://www.environment.gov.au/epbc/) which provides extensive information on threatened species, ecological communities, survey methodologies, permitting requirements and other environmental aspects covered under the EPBC Act.

Defence Estate Quality Management System (DEQMS) website1, which provides resources on Defence environmental policies and registers, base zone plans and other environmental quality assurance documentation.

Environmental Planning Implementation Tool (EPIT) , which provides information on the existing reports available for each Defence site across Australia and exists on the Defence Restricted Network (DRN). Access to Defence’s electronic filing system (referred to as ‘Objective’) via the DRN is required to access the EPIT.

Assistant Director, Environment and Sustainability (ADES) or Regional Environment and Sustainability Officers (RESO) for each Defence site affected by the project, who can provide information on the site, detail other relevant impact assessments and input generally into the environmental considerations for the project.

What information does an ER need to contain?

The ER must contain the information as outlined in this guidance document. While this document will guide the scope of the ER, it should not be seen as exhaustive or limiting. If during the preparation of the ER, previously unforeseen matters not addressed in this guidance document are found to be relevant; those matters are to be included in the main body of the ER.

1 The DEQMS website is available to users external to Defence at http://www.defence.gov.au/estatemanagement. Some documents on the DEQMS website can only be accessed via the Defence Restricted Network (DRN). Consultants should request a copy of such documents via their Defence project manager or utilise their company’s DRN access.


http://intranet.defence.gov.au/estatemanagement/lifecycle/DocumentDirectory/EPIT/

http://www.defence.gov.au/estatemanagement

http://www.environment.gov.au/epbc/

http://www.environment.gov.au/epbc/pmst/

http://www.environment.gov.au/epbc/publications/significant-impact-guidelines-12-actions-or-impacting-upon-commonwealth-land-and-actions

http://www.environment.gov.au/epbc/publications/significant-impact-guidelines-12-actions-or-impacting-upon-commonwealth-land-and-actions

http://www.environment.gov.au/epbc/publications/significant-impact-guidelines-11-matters-national-environmental-significance

http://www.environment.gov.au/epbc/publications/significant-impact-guidelines-11-matters-national-environmental-significance

What is the process to preparation of an ER?

Noting the more detailed information on the content and purpose of and ER contained in this guidance, the following diagram provides a generalised outline of the key stages of preparing an ER.


The Do’s and Don’ts of an ER

Do: Do contact the Directorate of Environmental Protection and Assessment (DEPA)

at the beginning of the contract. This is especially important for actions that affect multiple sites or which are mobile, and to confirm:

o the scope of the assessment in order to satisfy DEPA’s requirements;o which aspects of the ER Guidance need to be included.

Do submit to Defence an ER that has been critically peer reviewed. Do provide an ER written in plain English with limited technical terminology. Where

required, discussions on technical matters are expected to utilise accurate terminology relevant to each particular field of science and consider including a glossary.

Do provide an ER that is as concise as possible without omitting critical information. The ER must be ‘to the point’ with key messages presented up-front.

Do provide a significant impact assessment for each matter protected by Part 3 of the EPBC Act.

Do provide an ER that has clear and definitive recommendations and conclusions. Do provide an ER that is comprehensive, accurate and defensible in a court of law. The

methodology to achieve this must be robust and repeatable. The basis for each finding and recommendation, including any potential for a significant impact, should be stated clearly and concisely.

Do include all of the sections outlined in the ER as agreed with DEPA in accordance with guidance below.

Do discuss with DEPA the implications of any scope changes or variations to the action, this may affect the information requirements and overall approach to the ER.

Do discuss the project with DEPA at your earliest convenience if you perceive an opportunity to close out the environmental impact assessment process for a Defence action by conducting additional straightforward surveys or analyses, the findings of which could be incorporated into the ER. Tender documentation for future ER’s will include a milestone requirement for the consultant to discuss this matter with DEPA prior to delivery of a draft ER.

Do be mindful that the ER may end up supporting a referral and become accessible to the general public.

Stick closely to the layout of the ER template, use additional sub-headings where appropriate but maintain the overall structure (refer to Part A.2).

Don’t: Don’t over-scope the ER by pursuing irrelevant or marginal issues. Don’t submit an ER that has large ‘cut and paste’ sections from previous reports. Don’t be overly repetitive in the ER or bury key messages in lengthy commentaries. Don’t leave out sections of the ER just because it has been labelled ‘Draft’. Draft ER

documents must contain all sections outlined in the ER content guidance below. Don’t pre-empt a decision by Defence to prepare more substantial environmental impact

documents after the ER. Whilst the ER may recommend this (and Defence may support it), the ER must stand on its own merits as Defence may conclude its impact assessment process for any given action at this point.

Don’t depart substantially from the format of the ER as laid out in this template without seeking Defence’s concurrence through consultation with DEPA.


Supporting Documentation

Documentation relied upon to support the analysis, recommendations and conclusions, such as technical reports and the results of targeted surveys, including heritage assessments, should be referenced within and attached to the ER. Large attachments may be provided in digital form only, provided they are adequately referenced within the ER.

Coloured maps, figures or photographs that help explain the action, its location or the analysis should also be submitted with the ER. Figures and maps should be of a high quality. Maps should be at a scale that clearly shows the location of the proposed action and any relevant environmental factors.

Deliverables

All spatial data generated or modified for the ER, such as monitoring data and maps, must be done in a manner consistent with the Defence Spatial Data Management Plan2 (in particular, Chapter 13 Environmental Data), which is available on the DEQMS website. Monitoring data, maps and associated data files (e.g. shape files, CAD files) must be provided to DEPA on a disk with the final ER.

A map/aerial photograph depicting the physical area covered by the ER and where relevant include a depiction of the likely footprint of all environmental impacts, must be provided unless otherwise agreed by Defence. This requirement does not apply to capability acquisition projects provided that adequate written descriptions are given for any typical or envisaged use scenarios.

Both the draft and final ERs must be provided to Defence in an unlocked Portable Document Format (PDF) and Microsoft Word (.DOC or .DOCX) format. Note that the need to provide hardcopy reports and attachments in addition to any other project-specific deliverables should be discussed with the proponent.

Consultants should also anticipate that an email-friendly or text-only version may also need to be provided if the final document is of a size that cannot be emailed.

For all deliverables, it is expected that Defence will be able to use standard features in the programs the documents are created in that enable:

searching, selecting and copying text;

commenting and annotation;

page extraction;

document compiling; and

printing.

2 http://www.defence.gov.au/estatemanagement/governance/policy/sdmp/


http://www.defence.gov.au/estatemanagement/governance/policy/sdmp/

PART A.2

STRUCTURE OF AN ENVIRONMENTAL REPORT

The structure of an Environmental Report is provided in a table of contents below. Refer to Part B for further instructions on how to address each heading.

PROJECT TITLEEXECUTIVE SUMMARYABBREVIATIONS AND DEFINITIONS1 SUMMARY OF PROPOSED ACTION

1.1 Description of the action 1.2 Locality and property description 1.3 Size of the development footprint or work area1.4 Time frame1.5 Alternatives to taking the action1.6 Alternative locations, time frames or activities that form part of the action1.7 A staged development or component of a larger action1.8 Relationship of the action to other developments or actions

2 METHODS3 CONTEXT

3.1 Context, planning framework, legislation and policy requirements3.2 Previous environmental impact assessment3.3 Consultation

4 DESCRIPTION OF ENVIRONMENT5 MEASURES TO AVOID OR REDUCE IMPACTS6 INITIAL ENVIRONMENTAL RISK ASSESSMENT7 EPBC ACT SIGNIFICANT IMPACT TESTS AND PERMITS

7.1 Matters of National Environmental Significance7.1(a) World Heritage properties7.1(b) National Heritage places7.1(c) Wetlands of international importance (declared Ramsar wetlands)7.1(d) Listed threatened species and ecological communities 7.1(e) Listed migratory species7.1(f) The Great Barrier Reef Marine Park 7.1(g) Nuclear action 7.1(h) Commonwealth marine areas

7.2 The whole of environment on Commonwealth land or Commonwealth agency action7.2(a) Impacts on landscapes and soils7.2(b) Impacts on coastal landscapes and processes7.2(c) Impacts on ocean forms, ocean processes and ocean life7.2(d) Impacts on a water resource7.2(e) Pollutants, chemicals, and toxic substances7.2(f) Impacts on plants7.2(g) Impacts on animals7.2(h) Impacts on people and communities7.2(i) Impacts on heritage

8 OTHER COMMONWEALTH OBLIGATIONS UNDER THE EPBC ACT8.1(a) Critical Habitat8.1(b) Recovery and Threat Abatement Plans8.1(c) Wildlife Conservation Plans8.1(d) World Heritage Areas8.1(e) Ramsar Wetlands8.1(f) Biosphere Reserves8.2(g) Commonwealth Reserves


9 EPBC ACT PERMIT REQUIREMENTS10 RECOMMENDATIONS, RESIDUAL RISK ASSESSMENT AND SUMMARY

10.1 Recommendations10.2 Residual Risk Assessment10.3 Summary

11 CONCLUSION12 REFERENCES13 ATTACHMENTS AND APPENDICESAnnex 1 – Specific information for Commonwealth heritage valuesAnnex 2 – Specific information for listed marine species


PART B

CONTENT OF AN ENVIRONMENTAL REPORT

Overview

Instructions for the users of this guideline are provided in green.

The acronym NfC (Not for Capability) will identify those aspects which may not be relevant to capability acquisition ERs (henceforth referred to as capability ERs).

Please note that the construction/alteration/demolition of facilities associated with a capability project (for example new storage or range facilities) will be treated as a standard infrastructure project. Notwithstanding this, facilities and capability projects where related to each other will need to engage with DEPA prior to commencement to confirm the approach to environmental assessment and ER scope.

ER Content

PROJECT TITLE

The project title should include the accepted project name as provided by Defence and also cite the Defence project number.

EXECUTIVE SUMMARY

This section should provide a concise summary of the ER. It should read as a stand-alone document that provides a broad overview of the whole report, including methodology, results and recommendations, highlighting the main issues associated with the action and the proposed mitigation and management measures to avoid or minimise potential impacts.

ABBREVIATIONS AND DEFINITIONS

1 SUMMARY OF THE ACTION

Maps clearly showing the expected location and boundaries of the action and alternatives considered (if applicable) should be provided in this section. The maps should clearly show land tenures and the extent of any surveys/field investigations undertaken as part of the ER and include an overview map that provides a local and/or regional context to the affected area.

Where the action is at an early development stage or where certain elements of the action are yet to be determined – such as the size of vegetation to be cleared, the Training Area where the action is to take place or the specific model of a capability acquisition – the ER must utilise as much information as is available. The ER must identify which information may change as the action progresses through the design phase and the consequence of this change in terms of environmental impact (to the extent this can be forecast).

1.1 Description of the actionProvide a description of the proposed action, including its current status, as well as all relevant activities and aspects of the action that have the potential to impact on the environment. Include figures and/or attachments as appropriate. Include a site plan where relevant.


1.2 Locality and property description Provide a brief physical description of the site (or site options) that the action will impact upon (i.e. study area). Provide a description of the regional context of the study area, as well as a description of the Defence Base/s (and precinct if known) or Training Area/s where the action will take place. Capability ERs must respond to this requirement to the extent that information is available and must also present typical usage scenarios.

Latitude and longitude details of the boundary of the action must be shown (NfC unless clearly relevant). If the area is less than five (5) hectares, provide the location as a single pair of latitude and longitude references. If the area is greater than five (5) hectares, provide bounding location points.

1.3 Size of the development footprint or work areaProvide information on the development footprint or work area, for example, the specific location and area (in hectares) of disturbance or works (such as vegetation to be cleared, the area of hard stand to be created and the area of potential contamination to be disturbed, etc). For capability acquisitions it is relevant to provide information on training area requirements (physical area, terrain type etc) for each Training Area to be used.

1.4 Time frameSpecify the time frame in which the action will be taken, including the estimated start date of construction and operation. Provide a timeframe for any additional proposed studies recommended in the ER. For capability acquisitions it is relevant to specify known testing, initial operational capability, final operational capability and decommissioning and disposal timeframes.

1.5 Alternatives to taking the action Detail any alternatives to the action proposed during the project’s design and development and provide an analysis of these alternatives that demonstrates why the current action and associated options have been chosen. Include alternative structures and designs, alternative management, etc. Discuss the consequences of not proceeding with the action overall.

1.6 Alternative locations, time frames or activities that form part of the action If the action includes alternative time frames, locations or activities, you must complete this section. Describe any alternatives related to the physical location of the action, time frames affecting the action and alternative methods or activities for undertaking the action (only to the extent they differ from the action proposed in Section 1.1).

Highlight the consequential impacts of these alternatives compared to the proposed action. For capability ERs this section would also include options for acquiring larger numbers or different configurations of equipment. This will be in part informed by the Defence site selection and design development processes.

NfC - Describe the site selection process and considerations of the site selection board.

1.7 A staged development or component of a larger actionIf the action is a staged development or a component of a larger action provide information about the larger action and details of any interdependency between the two. If applicable, summarise why the ER only includes the smaller proposed action, for example, as there is a distinct spatial and/or temporal separation, distinct potential environmental impacts due to the nature of specific works at that site or because works will be conducted in a particularly sensitive area. For capability ERs, summarise the


relationship between this particular acquisition and the broader capability it will support.

1.8 Relationship of the action to other developments or actionsOutline the relationship between the action and any other developments or actions that may result if the proposed action were undertaken, whether or not they have been approved. Also describe the key environmental aspects likely to be impacted by other projects occurring in a similar temporal and spatial space. This section is intended to address upstream, downstream, facilitated or cumulative impacts associated with the proposed action.

2 METHODS

Provide a description of the steps taken to prepare the ER, including the resource tools utilised, field work methods, other studies or surveys undertaken to inform the ER and consultation that has occurred.

Describe the qualifications and experience of the study team, specialist sub-consultants and expert reviewers.

Cite the version number and publication date of the ‘Guidance on the Preparation of an Environmental Report’ document used to guide the report.

3 CONTEXT

3.1 Context, planning framework, legislation and policy requirementsExplain the context in which the action is proposed. This should include relevant planning frameworks – for example, Defence Zoning Plans or Training Area Capability Board (TACB) decisions, the Defence Capability Plan, Australian Government legislation and policies and Defence Instructions, Orders or policies. Describe State and Territory environment legislation and standards that are relevant to the action.

Specific information on how each requirement applies to the proposed action, and what must be done to comply with each requirement, must be provided.

Note: Defence environment and heritage policies are available on the DEQMS (http://www.defence.gov.au/estatemanagement/) website.

Note: Where appropriate Australian Government environmental legislation and policies do not exist, Defence aims to comply with the intent and spirit of relevant State and Territory environment legislation and related standards.

3.2 Previous environmental impact assessment Provide a desktop review of previous environmental assessments that are relevant to the action (i.e. that have been conducted at the property or sites, or relate to this or a similar action). Identify the key environmental issues and protection measures in these previous studies where they are applicable to the action.

3.3 ConsultationDetail the outcomes of consultation with Defence personnel such as the project team, SEM or REO. Public consultation may be required during the preparation of the ER, for example, consultation with Indigenous stakeholders. The ER must provide details of any public consultation that has been undertaken, including the outcomes of the event/s, and


http://www.defence.gov.au/estatemanagement/

details of public consultation that is planned for the future. Identify the relevant stakeholders and the status of consultations at the time of the ER being finalised.

4 DESCRIPTION OF ENVIRONMENT

Provide a comprehensive description of the environment that may be affected by the action. This should include specific consideration of all Matters of National Environmental Significance (MNES), the whole of the environment and other Commonwealth obligations under the EPBC Act.

MNESThe DoEE Protected Matters Search tool should be utilised to identify any MNES protected by the EPBC Act within the area in which the action will be undertaken. When utilising the tool, draw a shape around the area likely to be directly affected by the action and use a 10 km buffer (this is the same distance the Department of the Environment will use in any subsequent referrals). If specific locations for the deployment of a capability acquisition are not available, the use of this tool is not required. The ER must still consider the different life phases of the capability acquisition for their potential to impact individual MNES under typical usage scenarios.

Present a table upfront that summarises the EPBC protected matters relevant to the proposed action. The table must cover the EPBC Act controlling provision and any key environmental values relevant to the matter protected.

WHOLE OF THE ENVIRONMENTThe information presented on the environment as a whole (i.e. non-MNES matters) should cover the following topics as a minimum: Flora (incl. native/endemic/declared weed/environmental weeds/community

types/successional stages and vegetative condition) and fauna (incl. native/endemic/feral/pest species and any known and relevant abundances)

Hydrology Soil and Vegetation characteristics Outstanding natural values Gradient (or depth range if action undertaken in a marine environment) Current state of the environment Commonwealth Heritage Places or other places recognised as having heritage values Indigenous heritage values Built heritage values Other important or unique environmental values of the area Existing and proposed land/marine uses Any previous approvals and ongoing conditions/offsets/conservation areas that may

apply to or be impacted by the action that is the subject of the ER.

OTHER COMMONWEALTH OBLIGATIONS UNDER THE EPBC ACTThe biodiversity conservation provisions of the EPBC Act place obligations onCommonwealth agencies to comply with instruments prepared under the Act in relation to species, habitat and protected areas. In describing the whole of the environment, the ER must identify those obligations that may influence the action (e.g. the presence of Critical Habitat) and those obligations that may fail to be upheld as a result of undertaking the action (e.g. the


requirement to not contravene a management plan for a RAMSAR site in a Commonwealth area). In describing the existing environment the ER must identify the presence/relevance of the following obligations: Critical Habitat (EPBC s. 207B - C) Recovery and Threat Abatement Plans (s. 268) Wildlife Conservation Plans (s. 286) World Heritage Areas (s. 318/322) Ramsar Wetlands (s. 330/334) Biosphere Reserves (s. 339) Commonwealth Reserves (s. 362).

An analysis of these obligations must be presented in Section 8 of the ER.

OTHER CONSIDERATIONS

Previous environmental impact assessment reports and other literature, including relevant State or Territory databases and DoEE policy statements, plans or profiles should also be consulted and identified in the ER, as they relate to the environment that may be affected by the action.

The Defence Contaminated Sites Register provides coverage of both contamination and unexploded ordnance and should be consulted during the preparation of an ER. It can only be accessed through the DRN (http://intranet.defence.gov.au/estatemanagement/Governance/Policy/Environment/Contamination/CSR.asp).

Where there is no information or only unreliable information available on an element of the environment, the ER must identify this as a knowledge gap and, where it is necessary to inform the significant impact tests at Section 6, provide a recommendation at Section 7.1 to address this gap.

Note: Even if an action is not taking place in a World Heritage Area, Ramsar wetland, the Great Barrier Reef Marine Park or Commonwealth Marine Area, it may still impact upon these areas. When assessing impacts on the receiving environment, consider both the immediate site of the action and adjacent, surrounding, downstream and downwind areas that may be directly or indirectly affected by the action. A discussion of the intervening land use should be included in the ER. This includes Commonwealth land outside of the project footprint that may be impacted.

Where a MNES or an element of the environment is not applicable, provide an explanation of why, for example, “No listed National Heritage places are located within or near the project footprint”.

Note: The Defence Offsetting Framework is currently being developed by the Directorate of Environmental and Heritage Policy Development (DEHPD). Under this framework, an environmental offset may be required for certain actions. Once finalised, reference to the framework will be required to be included in ER’s where relevant (NfC – but will apply to facility construction/adaptation associated with those projects).

Note: Where the action may interact with a contaminated site, the Directorate of Environmental Remediation Program (DERP) must be contacted for advice and to gain


http://intranet.defence.gov.au/estatemanagement/Governance/Policy/Environment/Contamination/CSR.asp

http://intranet.defence.gov.au/estatemanagement/Governance/Policy/Environment/Contamination/CSR.asp

access to the Contaminated Sites Register (NfC - but will apply to facility construction/adaptation associated with those projects).

5 MEASURES TO AVOID OR REDUCE IMPACTS

Provide clear, unambiguous descriptions of mitigation measures that will be implemented as part of the proposed action as outlined in Section 1 to avoid, reduce, manage or offset the impacts of the action. Include, if appropriate, any relevant reports or technical advice relating to the feasibility and effectiveness of the proposed measures. For capability ERs this may take the form of restrictions on usage, creation/alteration of SOPs/SOs etc.

The measures to avoid or reduce impacts comprise the aspects of the project that are proposed by the Defence proponent or would be mandated by Defence policy. This does not include the ER consultant’s recommendations which have not yet been adopted by Defence or may be the conclusion/recommendation of this ER.

Note: Whilst discussion of Ecologically Sustainable Design elements incorporated into a given project may be discussed throughout the ER, it is expected that commitments made by the project team will be discussed in detail within this section. Recommendations by the consultant to improve the ESD outcomes for the project should be included in Section 10 of the ER report as relevant.

6 INITIAL ENVIRONMENTAL RISK ASSESSMENT

The conduct of an environmental risk assessment is an important component of an ER. This reflects the policy described by the November 2015 ‘Defence Risk Management Framework’ such that risk management is embedded as a part of active decision-making at all levels. The detail required in a risk assessment will vary between projects. Proponents and/or their consultants should discuss risk assessment requirements with DEPA during scoping for the report.

The ER risk assessment must be undertaken in accordance the methodology produced in Annex 3 to this guidance document. The following should also be noted: The assessment is to principally consider risks to environmental values resulting from

the project however in the event that risks to other factors (eg. safety, capability, reputation, finance, etc.) are apparent as a result of an environmental factor these should be identified; and

Resolution of risks to factors other than environmental values is not within the scope of the ER. Any such potential risks should be summarised for consideration by Defence.

The initial risk assessment should consider only the inherent risks and should also include consideration of cumulative impacts where applicable. Residual (mitigated) Risks are to be addressed in Section 10 of the ER once the assessment of significance and recommendations have been identified.

The risk assessment must include all of the measures described in Section 5 (measures to avoid or reduce impacts) as the baseline/initial condition in determining the unmitigated risk. The purpose of the risk assessment is to identify specific aspects of the action for which the Defence business-as-usual approach to environmental management with any additional project-specific measures as proposed by the proponent do not adequately address potential environmental risks.


Potential impacts associated with the whole lifecycle of the action must be assessed. Refer to DEQMS for further detail on lifecycle: http://www.defence.gov.au/estatemanagement/lifecycle

Present a detailed summary of the risk assessment outcomes for environmental matters, with the focus on initial risk ratings that are ‘moderate’ or greater.

Note: The ‘risk assessment’ is not an ‘impact assessment’. Its purpose is to highlight aspects of an action for which there is a greater chance that an adverse environmental outcome may occur. The impact assessment in Section 7 and Section 8 consider whether these outcomes are likely to constitute a significant impact under the EPBC Act.

7 EPBC ACT SIGNIFICANT IMPACT TESTS

In accordance with Part 3 of the EPBC Act, activities undertaken on Commonwealth land or by a Commonwealth agency must be approved under the Act if they are likely to significantly impact the environment.

The purpose of Section 7 of the ER is therefore to document the assessment undertaken to determine the potential significance of the proposed action on MNES (at section 7.1) and the environment as a whole (at section 7.2).

In addition to general guidance, the EPBC Act SIG 1.1 and SIG 1.2 provide criteria on what constitutes a Significant Impact (SI) on a MNES or the environment (hereafter referred to as SI Criteria). However, the SI Criteria are not exhaustive and the ER should consider all relevant facts and circumstances specific to the proposed action when making a significance determination.

In addition to the Australian Government resources described on page 2, the following specific resources (available primarily from the DoEE website) must be consulted and referenced, as applicable: Statements of values for individual World Heritage properties, National Heritage

places (http://www.environment.gov.au/heritage/heritage-places). The ecological character of Ramsar wetlands

(http://www.environment.gov.au/water/wetlands/ramsar). Profiles of relevant species and communities and whether the action is likely to have a

significant impact (http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl). All relevant EPBC Act policy statements (http://www.environment.gov.au/epbc/policy-

statements).

In this section of the ER, assessments regarding the significance of impacts should be made based on the assumption that all mitigation measures described in Section 5 are implemented and are effective. The assessments of significance are to consider only the proposed action (i.e. do not include recommendations from Section 10.1).

Potential impacts associated with the whole lifecycle of the action must be assessed.

For infrastructure project lifecycles this includes the following stages: design, construction, operation, maintenance and, ultimately, decommissioning and disposal.

For capability project lifecycles this includes: acquisition, assembly, testing, introduction into service, operation, maintenance, training, transportation and, ultimately, decommissioning and disposal.


http://www.environment.gov.au/epbc/policy-statements

http://www.environment.gov.au/epbc/policy-statements

http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl

http://www.environment.gov.au/water/wetlands/ramsar

http://www.environment.gov.au/heritage/heritage-places

http://www.defence.gov.au/estatemanagement/lifecycle

7.1 Matters of National Environmental SignificanceIn sections 6.1(a) – 6.1(h), present the relevant EPBC Act significant impact test in the manner described below.

Note: SIG1.1 describes significant impacts tests according to the conservation status of the listed matter. Ensure that the appropriate test is applied for all listed matters.

Note: Some MNES have specific referral guidelines which should also be referred to in addition to SIG 1.1 if they are relevant to the assessment.

DescriptionDescribe the location of the action relative to identified MNES.

Where a MNES is not applicable to the action, provide an explanation of why, for example, “No declared World Heritage properties or values are located within or adjacent to (i.e. immediately surrounding, downstream or downwind from) the project area. The nearest World Heritage property is XX kilometres north-east of the project area and, given the distance and nature of the action, it is considered unlikely that the action would significantly impact on this site.”

Nature and extent of likely impactWhere the proposed action has the potential to impact on the MNES, undertake an assessment using the relevant SI Criteria and document the outcome (i.e. a ‘yes’ or ‘no’ answer) and provide an analysis (i.e. the reasons why) for each.

Consider the potential severity of the impact (i.e. the scale, intensity, duration and frequency).

7.1(a) World Heritage propertiesRefer to the SI criteria (SIG 1.1) on page 16.

Where appropriate, consideration of the impact of an action on world heritage should also refer to any specific guidance such as the EPBC Act referral guidelines for the Outstanding Universal Value of the Great Barrier Reef World Heritage Area (http://www.environment.gov.au/epbc/publications/epbc-act-referral-guidelines-outstanding-universal-value-great-barrier-reef-world-heritage)

7.1(b) National Heritage placesRefer to the SI criteria (SIG 1.1) on page 19.

7.1(c) Wetlands of international importance (declared Ramsar wetlands)Refer to the SI criteria (SIG 1.1) on page 13.

7.1(d) Listed threatened species and ecological communitiesRefer to the SI criteria (SIG 1.1) on pages 8-11.

7.1(e) Listed migratory speciesRefer to the SI criteria (SIG 1.1) on page 12.

7.1(f) The Great Barrier Reef Marine Park Refer to the SI criteria (SIG 1.1) on page 24.

7.1(g) Nuclear action Refer to the SI criteria (SIG 1.1) on page 23.


http://www.environment.gov.au/epbc/publications/epbc-act-referral-guidelines-outstanding-universal-value-great-barrier-reef-world-heritage

http://www.environment.gov.au/epbc/publications/epbc-act-referral-guidelines-outstanding-universal-value-great-barrier-reef-world-heritage

7.1(h) Commonwealth marine areas Refer to the SI criteria (SIG 1.1) on page 14.

7.1(h) Protection of water resources from coal seam gas development and large coal mining development Refer to the SI criteria (SIG 1.1) on page 26.

While consideration of the ‘water trigger’ under the EPBC Act is not relevant to Defence activities, consideration should be given as to whether the action being assessed may facilitate future development activities where the ‘water trigger’ would be relevant.

7.2 The whole of environment on Commonwealth land or Commonwealth agency action

In sections 7.2(a) – 7.2(i), present the EPBC Act significant impact test in the following way.

DescriptionDescribe the location of the action relative to identified environmental values.

Where a set of SI Criteria is not applicable to the action, provide an explanation of why, for example, “The nearest coastline is 200km west of the project area and, given the distance and nature of the action, it is considered unlikely that the action would significantly impact on coastal landscapes and processes.”

For capability projects it will be more relevant to consider the potential impacts of the use of the new capabilities in proximity to all aspects of the whole of the environment, as precise locations for their use are typically not fixed.

Nature and extent of likely impactWhere the proposed action has the potential to impact on the environment, undertake an assessment using the relevant SI Criteria and document the outcome (i.e. a ‘yes’ or ‘no’ answer) and provide an analysis (i.e. the reasons why) for each.

The SI criteria for impacts on landscapes and soils from SIG 1.2 are provided below as an example only.

“Is there a real chance or possibility that the action will: substantially alter natural landscape features; cause subsidence, instability or substantial erosion; or involve medium or large-scale excavation of soil or minerals?”

Note: Section 7.2 of the Significant Impact test in the ER is not a duplicate of Section 7.1. This section of the ER discusses aspects that relate to the ‘whole of the environment’, not MNES.

7.2(a) Impacts on landscapes and soilsRefer to the SI criteria (SIG 1.2) on pages 14-15.

7.2(b) Impacts on coastal landscapes and processesRefer to the SI criteria (SIG 1.2) on page 15.

7.2(c) Impacts on ocean forms, ocean processes and ocean life


https://www.environment.gov.au/epbc/publications/significant-impact-guidelines-12-actions-or-impacting-upon-commonwealth-land-and-actions

Refer to the SI criteria (SIG 1.2) on page 15.

7.2(d) Impacts on water resourcesRefer to the SI criteria (SIG 1.2) on page 15.

7.2(e) Pollutants, chemicals, and toxic substancesRefer to the SI criteria (SIG 1.2) on page 15.

7.2(f) Impacts on plantsRefer to the SI criteria (SIG 1.2) on pages 15-16.

7.2(g) Impacts on animalsRefer to the SI criteria (SIG 1.2) on page 16.

7.2(h) Impacts on people and communitiesRefer to the SI criteria (SIG 1.2) on page 16.

7.2(i) Impacts on heritage

Additional information on how Commonwealth heritage values should be addressed in the ER is provided at the back of this guidance document in Annex 1.

Note: This refers to Commonwealth heritage places, Indigenous heritage places or other places that may be culturally significant or recognised as having heritage value. Where available, relevant Heritage Management Plans must be consulted.

8 OTHER COMMONWEALTH OBLIGATIONS UNDER THE EPBC ACT

In sections 8.1(a) – 8.1(g), present an analysis of any relevant obligations in the following way.

DescriptionDescribe the location of the action relative to Commonwealth areas with management plans in place or containing critical habitat.

Where an obligation is not applicable to the action, provide an explanation of why, for example, “The nearest critical habitat is located 100km south of the project area and, given the distance and nature of the action, it is considered unlikely that the action would significantly damage the critical habitat.”.

For those obligations requiring compliance with instruments that have become manifest as plans (for example recovery plans or management plans), the analysis must include a close-out statement such as “The proposed action does/does not contravene the approved recovery plan for the species”.. 8.1(a) Critical Habitat

Refer to EPBC s. 207B – C

8.1(b) Recovery and Threat Abatement PlansRefer to EPBC s. 268.

8.1(c) Wildlife Conservation PlansRefer to EPBC s. 286.


8.1(d) World Heritage AreasRefer to EPBC s. 318/322.

8.1(e) Ramsar WetlandsRefer to EPBC s. 330/334.

8.1(f) Biosphere ReservesRefer to EPBC s. 339.

8.1(g) Commonwealth ReservesRefer to EPBC s. 362.

9 EPBC PERMIT REQUIREMENTS

Part 13 of the EPBC Act prohibits the killing, injuring, taking, trading, keeping or moving of a member of the following in or on a Commonwealth area: Listed threatened species (except a conservation dependent species) or ecological

community (refer to sections 196 and 196A-196E of the EPBC Act) Listed migratory species (sections 211, 211A-211E) Listed marine species (sections 254 and 254A-254E).

Where the proposed action is to be undertaken in or on a Commonwealth area, and has the potential to kill, injure, take, trade, keep or move (referred to hereafter as take) a member of one of these listed species or communities, an EPBC permit to undertake the proposed activity may be required.

Note that where the species or community is also a MNES – that is, a member of a listed threatened species, ecological community or migratory species – a significant impact assessment should have already been undertaken at section 6.1 of the ER.

Defence may need to apply for a permit under Part 13 of the EPBC Act if: The significant impact test undertaken for that particular species or community found

the proposed action is unlikely to have a significant impact, even though it may take individuals of that species or community; or

An action has been referred to the Environment Minister and despite the potential to take - has been deemed a not-controlled action (that is to say a significant impact is unlikely and no Part 9 approval under the EPBC Act was required or obtained).

The ER must therefore determine if a permit may be required. By following this guidance and presenting the information requested, the ER will provide Defence a basis from which a permit application can be prepared.

Note: The ER should identify whether a permit may be required, it is the role of DEPA to determine whether the need for a permit. In the event that a permit may be required, it is advisable to discuss reporting requirements with DEPA as soon as practicable.

The consultant must refer to and consider any approved conservation advice for the listed species or communities concerned (available through the DoEE website). The consultant must also consider whether the proposed activity qualifies as an action deemed not to be an offence under the Act (provided under “certain actions are not offences” throughout Part 13). All of this information must be included in the ER to the extent relevant.


Considerations for exemptions from Part 13 of the Act (refer section 303A) would occur only in extremely rare cases and relate to matters of National Security. Consultants and their Defence project managers must discuss this matter with DEPA if they believe an exemption is applicable.

The ER must provide specific detail on the species or communities that the proposed activity may take. The ER must also detail the actions that may cause this to occur. When determining the nature and severity of the potential adverse impacts on the members of these species or communities, on-site and off-site impacts must be considered, as well as direct, indirect, facilitated and cumulative impacts.

The ER must also describe why the taking of the action will not adversely affect the survival or recovery in nature or the conservation status of the listed species or ecological community.

Permits will only be issued by the Environment Minister under certain circumstances (sections 201(3), 216(3), 238(3) and 258(3) of the EPBC Act are relevant to Defence and are collated below). The ER must therefore determine which circumstance will support a Permit application for each species or community concerned.

Permits will only be issued by the Environment Minister if:1. The proposed activity will contribute significantly to the conservation of the listed

threatened species or ecological community, the listed migratory species, or the listed marine species concerned, or other listed migratory or marine species; or

2. The potential impact of the proposed activity – on a member of a listed threatened species or ecological community, listed migratory species or listed marine species – is incidental to, and not the purpose of, undertaking the activity and:

a. Will not adversely affect the survival or recovery in nature of the listed threatened species or ecological community or the conservation status or population of the listed migratory species or listed marine species; and

b. Will not be inconsistent with a recovery plan that is in force for the listed threatened species or ecological community or a wildlife conservation plan that is in force for the listed migratory species or the listed marine species; and

c. The holder of the permit take all reasonable steps to minimise the impact of the activity on the listed threatened species or ecological community, the listed migratory species or the listed marine species; or

2. The proposed activity is of particular significance to indigenous tradition, and will not adversely affect the survival or recovery in nature of the conservation status of the listed threatened species or ecological community, the listed migratory species (including any population) or the listed marine species concerned; or

3. The proposed activity is necessary in order to control pathogens, and is conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed threatened species or ecological community, the listed migratory species or the listed marine species concerned.

The analysis provided for criterion 2a above must include a description of: The likely short and long term impacts of the proposed activity on:

o individual members of the listed species (including number of individuals expected to be affected);

o the population of which they form a part;o the species as a whole; and


o the ecological community (including an estimate of the area to be affected).The analysis provided for criterion 2c must include a description of: The steps that will be taken to comply with the EPBC Regulations3 and minimise

adverse impacts on each species or community, including:o timing and design of the activity to minimise adverse impacts, particularly in

relation to known migratory movements or aggregations of animals; ando contingency plans to be followed in the case of events that may adversely

affect members of the species or the community.

Additional information on how listed marine species should be addressed in the ER is provided at the back of this guidance document in Annex 2.

10 RECOMMENDATIONS, RESIDUAL RISK ASSESSMENT AND SUMMARY

10.1 Recommendations

Provide a summary of how the potential impacts might be avoided or minimised as recommendations for consideration by Defence. Where it is found that the potential impacts cannot be avoided or minimised, provide clear recommendations to Defence on alternative approaches. Recommendations will potentially address different aspects of the action with varying legislative relevance. With all recommendations, it should be identified whether they address one or a combination of the following aspects:

Measures to reduce the overall environmental footprint as identified by the risk assessment (Section 6), including any alternatives that may have been identified in the course of preparing the ER in relation to the location, time frame or components of the action are discussed where they offer notable mitigation of impacts compared to the preferred option as described by Section 1 and assessed in subsequent sections.

Measures to avoid a significant impact under the EPBC Act as identified through Sections 7 and Section 8 including a reference to what aspect of the Act it relates (eg. EPBC Act, s.18: listed threatened species and communities).

Measures associated with eligibility for a permit if one is required (refer to Section 9).

Examples of relevant measures to avoid or minimise impacts may include the timing of works; avoidance of important habitat; specific design measures; the adoption of specific work practices; recommendations to improve the ESD outcomes for the project where relevant; or where necessary that certain additional studies should be undertaken. If further studies are recommended, it will be necessary to provide details on what these studies are and a justification as to why Defence should consider undertaking them.

All measures proposed must be cost-effective and follow the SMART principles in being: Specific, Measureable, Attainable, Realistic and Time-bound. Recommendations must identify as far as practicable that the measure is a cost-effective means for Defence to achieve the object of the measure.

Refer to Annex 3 for further details regarding the SMART principles.

10.2 Residual Risk Assessment

3 Environmental Protection and Biodiversity Conservation Regulations 2000 (Cth).


With reference to the risk assessment in Section 6 of the ER, conduct a revised assessment of risk incorporating recommendations proposed for consideration in the preceding section.

10.3 Summary of Assessment

Provide a summary of the key outcomes in the ER. This will include a summary of the likely environmental impacts associated with the action, as well as the outcomes of the EPBC Act significant impact tests and how particular conclusions or decisions were determined during the assessments against the SI Criteria.

Identify aspects of environmental risk that are contingent upon the application of recommendations to ensure either a non-significant impact or improved ESD outcome.

The summary should include a discussion of key risks. Any factor meets the definition of a key risk if:

The residual risk rating relies on application of a non-standard mitigation measure as recommended in Section 10.1. For example, an aspect is assessed as having a ‘low’ residual risk rating, but this is contingent upon implementation of a recommendation that is not part of Defence’s business-as-usual environmental management framework; or

The residual risk rating is ‘moderate’ or greater, regardless of whether any relevant recommendations have been made to reduce the inherent risk.

11 CONCLUSION

Provide a preliminary determination to Defence on whether or not the action is likely to be significant under the EPBC Act. This determination must be based on the outcome of the SI Criteria tests. Describe the reliability of this preliminary determination, making particular reference to any further studies that may have been recommended.

The conclusion must not state whether a referral to the Environment Minister is or is not required; this decision will be made by DEPA.

The conclusion must be concise and definitive.

12 REFERENCES

Provide information on the reliability of the information referenced during this study, and any uncertainties in the information.

Please ensure that all abridged references in the body of the report are included here in full and that there are no references here which are not referred to in the report. Harvard style referencing is preferred.

13 ATTACHMENTS AND APPENDICES

This should include, for example, the full risk assessment (where conducted), any supporting documentation, the report provided by the Protected Matters Search tool, an outline of further studies recommended in Section 10 and/or any relevant survey results.

Please ensure all attachments are correctly referenced within the body of the report.


ANNEX 1

SPECIFIC INFORMATION FOR COMMONWEALTH HERITAGE VALUES

Under section 341ZC of the EPBC Act, Defence must not take an action that has, will have or is likely to have an adverse impact on the Commonwealth heritage values of a Commonwealth heritage place, unless:

(a) There is no feasible and prudent alternative to taking the action; and(b) All measures that can reasonably be taken to mitigate the impact of the action on those

values are taken.

Commonwealth heritage places on the Commonwealth Heritage List (CHL) comprise natural, Indigenous and historic heritage places which can be entirely within a Commonwealth area (note this includes leased land), or outside the Australian jurisdiction but owned or leased by the Commonwealth.

Where it is identified that the proposed action may impact on a Commonwealth heritage place or value, this must be described in detail at Section 7.2(i) of the ER. Impacts to either World or National heritage values must be described in Sections 7.1(a) and (b) respectively as they are MNES.

The consultant must undertake a significant impact test, in accordance with both the process and specific criteria (partially reproduced below) from the following DoEE publications:

Australia’s Commonwealth Heritage – Working together: managing Commonwealth heritage places (2008).

Is there a real chance or possibility that the action will cause: One or more of the heritage values to be lost; One or more of the heritage values to be degraded or damaged; or One or more of the heritage values to be notably altered, modified, obscured or

diminished? SIG 1.2

Is there a real chance or possibility that the action will: Permanently destroy, remove or substantially alter the fabric (physical material

including structural elements and other components, fixtures, contents, and objects) of a heritage place

Involve extension, renovation, or substantial alteration of a heritage place in a manner which is inconsistent with the heritage values of the place

Involve the erection of buildings or other structures adjacent to, or within important sight lines of, a heritage place which are inconsistent with the heritage values of the place

Substantially diminish the heritage value of a heritage place for a community or group for which it is significant

Substantially alter the setting of a heritage place in a manner which is inconsistent with the heritage values of the place, or

Substantially restrict or inhibit the existing use of a heritage place as a cultural or ceremonial site?

Annex 1 - ER Guidance V.2 (Nov. 2017) Defending Australia and its National Interests23 of 31

The consultant must document an outcome (i.e. ‘yes’ or ‘no’ answer) and provide analysis (i.e. reasons why) for each of these criteria.

The ER must describe in detail any proposed action/s that has, will have, or is likely to have a significant impact on a Commonwealth heritage place. In providing this description, the consultant must be cognisant of the following Commonwealth Heritage Management Principles (available through the DoEE website):

The objective in managing Commonwealth Heritage places is to identify, protect, conserve, present and transmit, to all generations, their Commonwealth Heritage values.

The management of Commonwealth Heritage places should use the best available knowledge, skills and standards for those places, and include ongoing technical and community input to decisions and actions that may have a significant impact on Commonwealth Heritage values.

The management of Commonwealth Heritage places should respect all heritage values of the place and seek to integrate, where appropriate, any Commonwealth, state and territory and local government responsibilities for those places.

The management of Commonwealth heritage places should ensure that their use and presentation is consistent with the conservation of their Commonwealth Heritage values.

The management of Commonwealth Heritage places should make timely and appropriate provision for community involvement, especially by people who:

o have a particular interest in, or associations with, the place, ando may be affected by the management of the place.

Indigenous people are the primary source of information on the value of their heritage and the active participation of Indigenous people in identification, assessment and management is integral to the effective protection of Indigenous heritage values.

Heritage Management Plans

Consideration must also be given to any plan for managing the Commonwealth heritage place (Heritage Management Plans), irrespective of whether the plan has been endorsed under the EPBC Act or not. The ER must outline whether or not the proposed action is already provided for within the plan, will be taken in accordance with that plan or will follow guidance or managing principles within the plan.

When assessing a site that is not listed but may have heritage values

When determining whether a place has Commonwealth or National Heritage values, consultants must use either the Commonwealth or National Heritage Criteria included at Regulations 10.03A or 10.01A of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth). Please note the differing thresholds – Commonwealth Heritage values require a place to have significant heritage value to the nation, whereas National Heritage values operate at a higher level – requiring a place to have outstanding heritage value to the nation.


ANNEX 2

SPECIFIC INFORMATION FOR LISTED MARINE SPECIES

Where the proposed activity is likely to interact with a listed marine species, which includes, among other things, bird species that occur naturally in Commonwealth marine areas, the consultant must identify this and provide a list of the marine species of concern in the ER.

Listed marine species that are also classified as listed threatened species or listed migratory species should have already been considered in previous sections of the ER – for example, under the relevant MNES significant impact test (Section 7.1) or under the listed threatened species or migratory species permit assessment (Section 9) - and, therefore, should not be assessed again as a marine species.

It should be noted that where the proposed activity is to be undertaken on the Defence estate in reasonable proximity to a marine environment, an EPBC Protected Matters Online Search may still identify listed marine species within, for example, 10km of the project area. The consultant must consider the likelihood of the proposed action killing, injuring, taking, trading, keeping or moving a member of a listed marine species. Other environmental literature, for example fauna survey data or empirical evidence, should be consulted where available.

Clear and definitive reasons why the proposed activity is likely (or unlikely) to either have a significant impact on the species or kill, injure, take, trade, keep or move a member of a listed marine species must be provided in the ER.


ANNEX 3

RISK ASSESSMENT GUIDANCE FORENVIRONMENTAL IMPACT ASSESSMENT

INTRODUCTION

Proponents and their consultants should have a good understanding of the concept of risk prior to conducting the assessment. Consultation with DEPA should be undertaken in the event of any uncertainty or ambiguity in the application of the risk assessment process as part of producing an ER.

Risk assessment is conducted as part of an environmental impact assessment (EIA) in order to identify the aspects of an action that are likely to affect the environment. In this context, the ‘environment’ is as defined by Section 528 of the EPBC Act as follows:

environment includes:

(a) ecosystems and their constituent parts, including people and communities; and

(b) natural and physical resources; and(c) the qualities and characteristics of locations, places and areas; and(d) heritage values of places; and(e) the social, economic and cultural aspects of a thing mentioned in

paragraph (a), (b) or (c).

Note: The places mentioned in paragraph (d) of the definition of environment include places included in the Register of the National Estate kept under the Australian Heritage Council Act 2003.

Each of the aspects of the ‘environment’ as defined, including matters of national environmental significance (MNES) are considered for the purpose of this guidance to be ‘environmental values’.

Purpose The purpose of the risk assessment is two-fold in that it identifies aspects of the action for consideration:

1. against the provisions of the EPBC Act in order to subsequently determine whether a potentially significant impact is likely; and

2. of mitigation measures that reduce the environmental footprint, regardless of the action’s significance under the EPBC Act

By conducting the risk assessment in a manner consistent with other risk management tools used across Defence, a common appreciation of risk will be gained. It also allows for an assessment of the relative importance and effectiveness of mitigation measures when after-action reviews are conducted.

Focus The focus of the EIA risk assessment is on ‘environmental values’ and is not concerned by project delivery, estate management, capability or other aspects to which risk assessments under the Garrison and Estate Management System (GEMS) are prepared.


METHODOLOGY

The risk assessment methodology follows the E&IG Risk Management Framework (RMF)4 and adopts common definitions of likelihood however consequence descriptors have been adjusted to reflect the pre-approvals stage of risk assessments that should be prepared for an ER. It also uses the same risk matrix in order to ensure a consistent approach to risk classification. In the event that future revision of the RMF results in changes to the risk matrix and associated tables (Tables A3-A to A3-C) and are not reflected in this guidance, the methods in the current version of the RMF should be applied.

For the purpose of EIA, only negative consequences are considered in the initial risk assessment (inherent risk).

The following paragraphs discuss the key concepts and definitions in risk assessment for EIA which must be understood in order to satisfactorily prepare an EIA risk assessment. These definitions are based on the RMF however have been adapted where appropriate to relate specifically to risk assessment for EIA.

Consequence The outcome of a risk if it occurs. Consequences may be beneficial (opportunities) or negative (vulnerabilities). Types of consequences include: capability, workforce, economic, safety, legal, environmental and reputation/public confidence. An event can lead to a range of consequences. Initial consequences can escalate through knock-on effects. The consequences identified in the risk assessment are to be the subject of the impact assessment part of the ER and should be considered in Section 7 and Section 8 of the ER as appropriate. Consequence for the purpose of risk assessment is defined by the RMF and reproduced in Table A3-C below.

Hazard A source of potential harm to an environmental value, relevant to EIA: an existing condition or possible situation (under current conditions)

that has the potential to generate an impact, for example a known contaminated site is a hazard to ‘environmental values’ if an action proposes to disturb it.

natural hazards, naturally occurring phenomena such as weather, topographic, geological, hydrological, etc. For example heavy rainfall during the earth-moving phase of construction is a hazard to water quality.

human activities that comprise the action being assessed. For example: increased traffic is a hazard to the community; vegetation clearing is a hazard to wildlife; construction or operational noise is a hazard to the community, etc.

Inherent risk Risk level before risk treatment is determined through an initial risk assessment. In the context of preparing a risk assessment for EIA, the inherent risk needs to appreciate standard operating procedures that Defence applies during business-as-usual. The effectiveness and application of these measures must be considered as part of the initial risk assessment. The business as usual measures that will apply to their project are to be described in Section 5 of the ER. Relevant to EIA, the business as usual measures include, but are not limited to:

Range Standing Orders;

4 Version 2.4, July 2016


Standard Operating Procedures; Maritime Activities Environmental Management Plan; Aircraft Activities Environmental Management Plan; Land Activities Environmental Management Plan; Facilities Heritage Management Plans.

Inherent risk and residual risk are assessed using the risk matrix from the RMF and reproduced in Table A3-A below.

Likelihood The possibility of an event occurring that results in an impact. It refers to the chance of something happening, whether defined, measured or determined objectively or subjectively, qualitatively or quantitatively, and described using general terms or mathematically (such as probability or a frequency over a given time period). Likelihood for the purpose of risk assessment is defined by the RMF and reproduced in Table A3-B below.

Residual risk Risk, which may include unidentified risk (risks that cannot be quantified), that remains after risk treatment has been applied.

Risk Treatment A process or action to modify risk through the application of environmental mitigation measures that target specific aspects of the inherent risk in order to:

remove the hazard; reduce vulnerability; reduce likelihood; and/or reduce consequence.

Risk treatments in the context of an ER are recommendations that are described in Section 10 of the ER. The recommendations must target risks specifically and adopt SMART principles and be accompanied by an assessment of likely effectiveness in addressing the identified risk.

SMART principles

SMART principles are to be used in formulating recommendations for mitigation measures that seek to effect a risk treatment. The principles are:

Specific targeted to an identified threat and address the hazard, vulnerability, likelihood, and/or consequence.

Measureable able to be assessed for their effectiveness with associated KPIs that would indicate success.

Attainable can be implemented practicably with accountability.Relevant relate to the project being assessed and not seek to

address broader strategic issues that are not part of the scope of the assessment.

Time-bound accompanied by an objective timeframe for implementation or completion.

Threat An uncertain event, trend or condition that may result in negative outcomes.

The mobilisation of vulnerability – the expected impact of a developing hazard and the likelihood that it will work against the vulnerabilities. Changes in consequence and vulnerability can affect the threat. Threats from the perspective of EIA need to be considered specifically in relation to each ‘environmental value’ being assessed.

Vulnerability Vulnerability is the degree of exposure of ‘environmental values’ to possible


hazards as a result of the action. For matters that need to be addressed in Section 7 of the ER, the Protected Matters Search Tool (PMST) report will identify matters protected by the EPBC Act which are potentially vulnerable to impacts by the action.

For example, the PMST report provides an assessment of likelihood5 of a species occurring within the vicinity of the proposed action (project), the vulnerability of that ‘environmental value’ being affected by the action will depend on the hazard presented by the project with reference to the PMST likelihood (or other technical advice if available).

Table A3-A: Risk Matrix

Insignificant Minor Moderate Major SevereAlmost Certain Low Medium High Very High Very High

Likely Low Medium High High Very High

Possible Low Medium Medium High High

Unlikely Low Low Medium Medium High

Rare Low Low Low Medium Medium

5 Note that the likelihood criteria used in the PMST are not consistent with the RMF likelihood criteria and need to be appreciated separately


Table A3-B: Likelihood Definitions

Rating DescriptorsAlmost Certain Expected to occur in most circumstances.

Guide: Is expected to occur multiple times within a year or incident is clearly imminent.

Likely Probably occur in most circumstances.

Guide: Is expected to occur approximately once per year.

Possible Could occur at some time.

Guide: Likely to occur approximately once every 5 years.

Unlikely Not expected to occur.

Guide: Likely to occur approximately once every 5-10 years.

Rare Exceptional circumstances only.

Guide: Likely to occur with less frequency than once every 10 years.

Table A3-C: Consequence Definitions

Rating DescriptorsSevereWidespread serious permanent effect

Incident is reportable to the regulator, serious permanent/persistent and irreversible damage is caused, significant public interest and media coverage and/or impacts not contained to Defence estate or area subject to the Defence activity which resulted in the incident.

MajorWider spread, moderate to long-term effect

Incident is reportable to the regulator and notable damage is caused to an area or asset from which it will take more than 10 years to recover with long-term evidence of the incident resulting.

OR

Incident is reportable to the regulator and public concern raised.

ModerateLocalised, short-term to moderate effect

Moderate but repairable damage that will take up to 10 years to recover.

OR

Incident is reportable to the regulator.

MinorLocalised short-term effect

Minor damage to the environment or heritage asset or area that is immediately contained on-site. It will take less than two years for the resource or asset to fully recover or it will only require minor repair.

OR

Disturbance to scarce or sensitive environmental or heritage resources.

InsignificantNo impact or no lasting effect

Negligible damage that is contained on-site.

AND

The damage is fully recoverable with no permanent effects, taking less than six months to fully recover.


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