department of the environment and water resources annual report 2005 - 2006, part 2

8/8/2019 Department of the Environment and Water Resources annual report 2005 - 2006, Part 2

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Department of the

Environment and Heritage

Volume 2

LEGISLATION ANNUAL REPORTS2005 06

How to contact the department

Main ofce: John Gorton Building,King Edward Terrace, Parkes ACT 2600

Post: GPO Box 787, Canberra ACT 2601

Phone: 02 6274 1111Facsimile: 02 6274 1666

Internet: www.deh.gov.au


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About legislation annual reportsSome Acts that the Department of the Environment and Heritage administersrequire the department or minister to provide annual reports on their operation tothe parliament.

This volume of the annual report provides details on the operation of the sevenActs the department administers that do not report separately. The reports in thisvolume focus on how the statutory requirements of the Acts were met during therepor ting year, and how the Acts were administered.

These Acts are:

Environment Protection and Biodiversity Conservation Act 1999 Fuel Quality Standards Act 2000

Hazardous Waste (Regulation of Expor ts and Impor ts) Act 1989

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Product Stewardship (Oil) Act 2000

Protection of Movable Cultural Heritage Act 1986

Water Efciency Labelling and Standards Act 2005

The department provides separate annual reports to the parliament for thefollowing legislation:

Natural Heritage Trust of Australia Act 1997

Environment Protection (All igator Rivers Region) Act 1978 (the SupervisingScientists annual report)

National Envi ronment Protection Council Act 1994

Wet Tropics of Queensland World Heritage Area Conservation Act 1994

A summary of work related to the seven Acts in this volume, and details of how thiswork contributed to the outcomes and outputs in the Port folio Budget Statements

200506 and Portfolio Additional Estimates Statements 200506 are contained inVolume 1 of this set of annual reports.


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Contents

Environment protection ............................................................................................. 1

Fuel quality .................................................................................................................. 81

Hazardous waste ....................................................................................................... 91

Ozone protection ..................................................................................................... 101

Oil recycling ............................................................................................................... 111

Movable heritage ..................................................................................................... 125

Water efciency ....................................................................................................... 139

Index ............................................................................................................................ 143


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ENVIRONMENT PROTECTION


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en t pr o t e c t i on

Department of the Environment and Heritage Legislation Annual Reports 2005062

Contents

Introduction ...................................................................................................................................... 4

Overview .............................................................................................................................................. 4

1. Prot ecti ng envir onm ent and heri tage ................................................................. 8

1.1 Matt ers of national envi ronm ental signi cance .................................................... 8

1.2 Proposals involving Comm onwealt h l and and/or action s ............................... 9

Actions by the Australian Government and actions on Commonwealth land ........ 9Advice on authorising actions ............................................................................................... 10Exemptions ................................................................................................................................. 10

1.3 In tergovernm ental cooperation ................................................................................... 11

Bilateral agreements ................................................................................................................ 11Heritage management ............................................................................................................. 12Species Information Partnerships ....................................................................................... 12National Partnership Approach for the Sustainable Harvest ofMarine Turtles and Dugongs in Australia .......................................................................... 13

1.4 Assessment and approval process ............................................................................... 13

Referrals ........................................................................................................................................ 13Assessments ................................................................................................................................ 16Approvals ..................................................................................................................................... 18Review of the administrative guidelines on signicance ............................................. 21Strategic assessments .............................................................................................................. 21

1.5 Transparency and publ ic awareness .......................................................................... 22

Increasing stakeholder and public awareness ................................................................. 22Enhancing community participation .................................................................................. 24Advisory committees ............................................................................................................... 26

2. Conservin g biodi versity .............................................................................................. 29

2.1 Identi fying and moni tor ing biodiversity and mak ing bioregional plans .. 29

Identifying and monitoring biodiversity (section 171) ................................................ 29Inventories of listed threatened species etc. on Commonwealth land(section 172) ............................................................................................................................... 29

Surveys of cetaceans, listed threatened species etc. in Commonwealthmarine areas (section 173) .................................................................................................... 29Bioregional planning (section 176) .................................................................................... 30


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2.2 Protecti ng species and ecologi cal comm uni ti es ................................................ 30

Listed threatened species and ecological communities .............................................. 30Migratory species ...................................................................................................................... 34Marine species ............................................................................................................................ 35Whales and other cetaceans .................................................................................................. 35Recovery plans and threat abatement plans (section 284 repor t) ........................... 36Wildlife conservation plans for migratory species (section 298 report) ................ 37Exemptions under section 303A .......................................................................................... 38

2.3 In ternati onal movement of wil dli fe .......................................................................... 38

CITES activities ........................................................................................................................... 39

Sustainable wildlife industries .............................................................................................. 40Wildlife trade permits and programmes ........................................................................... 40

2.4 Conser vati on agreements ................................................................................................ 41

3. Managing heri tage and pr otecti ng signi cant areas ............................ 43

Listing and managing heritage places in Australia ......................................................... 43World heritage ............................................................................................................................ 43National heritage ....................................................................................................................... 44Commonwealth heritage ........................................................................................................ 46

Wetlands of international importance ............................................................................... 48Biosphere reserves ................................................................................................................... 49

4. Monitori ng and compli ance ..................................................................................... 50

Overview ...................................................................................................................................... 50Compliance ................................................................................................................................. 50Investigations and enforcement ........................................................................... 53Prosecutions under the EPBC Act ....................................................................................... 53Review of EPBC Act decisions ............................................................................................... 55

5. Reporting ................................................................................................................................ 57

State of the Environment reporting ................................................................................... 57Section 516A reporting ........................................................................................................... 57

Appendi x 1 Statistics on the operation of the EPBC Act during 200506 ............. 58

Appendi x 2 EPBC Act related publications in 200506 ................................................ 72

Appendi x 3 Functions and membership of advisory committees under

the EPBC Act and Australian Heri tage Council Act 2003 ................. 74

Appendi x 4 Compliance with timeframes section 518 report .............................. 77


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Operation of the Environment Protection

and Biodiversity Conservation Act 1999

IntroductionThis report describes the operation of the Environment Protection and Biodiversity Conservati on Act 1999 (EPBC Act) from 1 July 2005 to 30 June 2006.This is the sixth annual report on the operation of the EPBC Act as required bysection 516.

As in previous years, this repor t follows a format allowing examination of theoperation of the EPBC Act against the key priorities in implementing the EPBC Act.

These priorities are:

ensuring a clear role for the Australian Government in protecting matters ofnational environmental signi cance (addressed in part 1.1 of this report)

providing effective protection of the environment in proposals involving theAustralian Government (part 1.2)

increasing intergovernmental cooperation and reducing duplication (part 1.3)

providing an ef cient, timely and effective assessment and approval processwith 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 signi cant areas (part 3)

implementing a robust monitoring and compliance regime (part 4).

OverviewThe Australian Government, through the operation of the EPBC Act, continuesto protect matters of national environmental signi cancenamely the ecologicalcharacter of internationally important wetlands, nationally listed threatenedspecies and ecological communities, listed migratory species, the Commonwealthmarine environment, the values of world heritage properties, the values of nationalheritage places and protection of the environment from the impact of nuclearactions. In addition, the EPBC Act provides protection for the environment in

relation to proposals involving Commonwealth land and regulates activitiesof Australian Government agencies that might signi cantly impact on theenvironment.


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In 200506 the government implemented a range of new approaches to ensurethe EPBC Act continues to be administered ef ciently and effectively.

In September 2005, the departments Approvals and Wildlife Division wasrestructured to provide for a more streamlined approach to decision-makingunder the EPBC Act. Signi cant upgrades were made to databases and websitessupporting the EPBC Act, improving both public access to information andtransparency of decision-making. The EPBC Act website was upgraded to improveuseability, and simplify access to key information. A major website on whales andother cetaceans was launched (www.saveourwhales.gov.au), which included a newonline database for sightings and strandings, and a section to meet the needs ofschool children. The referrals and assessments database was upgraded, improving

access to public notices for industry sectors and other interested parties.New EPBC Act policy statements were released to provide guidance on whatshould be referred to the minister for decision on whether assessment andapproval are required under the EPBC Act. The policy statements addressedmatters of national environmental signi cance and actions on, or impacting upon,Commonwealth land and actions by Commonwealth agencies. In 200607 furtherpolicy statements will be released providing more detailed guidance on individualspecies and ecological communit ies and for speci c industry sectors.

The Australian Government reviewed its approach to regional marine planning.In order to fur ther the governments commitment to management of Australiasoceans, the regional marine planning programme has been strengthened bybringing it directly under the EPBC Act, providing a focus on environmentalprotection and biodiversity and greater certainty for industry. Under the newapproach, marine bioregional plans are being developed for Australias 14 millionsquare kilometre ocean jurisdiction under section 176 of the EPBC Act. Marinebioregional plans focus on meeting Australian Government conservation andheritage responsibilities within Commonwealth waters. The plans will therefore bekey documents guiding the minister, sectoral managers and industry on the key

conservation issues and priorities in each marine region.De ning and identifying an ecological community for listing under the EPBCAct has proven to be a complex taskde nitions must be scienti cally rigorousyet straightforward enough for the general community to use. To improve theclarity of de nitions, a new approach was implemented in 200506 which takesinto account the impact of degradation and regional variation in widespreadecological communities. The new approach involves tighter de nit ion of ecologicalcommunities through the use of condition classes. This ensures that only thebetter condition classes are included in the de nit ion of the listed ecological

community for protection under the EPBC Act. Other lower quality degraded areasstill qualify for potential recovery actions through established natural resourcemanagement programmes and recovery planning processes. On 17 May 2006,


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the white boxyellow boxBlakelys red gum grassy woodland and derived nativegrassland ecological community was listed as critically endangered. This is the rst

broad-scale ecological community listed under the new approach to listing.

A signi cant achievement in 200506 was the conclusion of the rst round ofcomprehensive shery assessments under the EPBC Act on 1 December 2005. The sheries were assessed against the Guidelines for the Ecologically Sustai nable Management of Fisher ies , with the outcomes published in detailed reportson the departments website. During 200506 assessments were completedfor 25 sheries, including seven Australian Government-managed sheriesand 18 state-managed sheries. This brings the cumulative number of sheryassessments completed since 2000 to 113. All sheries assessed during the year

received export approval. The outcome of the assessments included a broadrange of recommendations that require Australian Government and state andterritory shery management agencies to demonstrate improved environmentalperformance and enhance the ecologically sustainable management of sheries inthe short to medium term.

This year the Administrative Appeals Tribunal delivered judgments in two casesinvolving challenges to decisions made under the EPBC Act. In April 2006 thetribunal con rmed the ministers declaration that the Southern Blue n TunaFishery is an approved wildlife trade operation in accordance with section 303FN

of the EPBC Act. In the second case, the RSPCA (Royal Society for Prevention ofCruelty to Animals), the International Fund for Animal Welfare and the HumaneSociety International applied to the tribunal for review of the decision to issuepermits under section 303CG of the EPBC Act to Taronga Zoo and Melbourne Zoofor the import of Asian elephants from Thailand. On 6 February 2006 the tribunaldecided to allow the import of the elephants subject to a number of additionalwelfare related conditions.

The department worked with the exotic birdkeeping sector to address growingconcerns about the management of illegal trade in exotic birds, in particular the

onus under the EPBC Act on birdkeepers to verify that birds in their possession arelegally imported, or are the progeny of legally imported birds. In December 2005the Exotic Birdkeepers Advisory Group was established with departmental supportto prioritise and progress birdkeeping issues. Through the advisory group, thedepartment aims to remedy the lack of record keeping by birdkeepers since theNational Exotic Bird Registration Scheme closed in 2002.

The Tasmanian devil ( Sarcophil us harrisi i ) was listed as vulnerable under theEPBC Act in 200506. The major threat to the species is devil facial tumour disease,a mysterious cancer which causes large tumours to grow on the face and neck

of infected animals. The disease has been fatal in all cases recorded so far, andhas caused a decline in the number of Tasmanian devils over the last decade,particularly in eastern Tasmania. Listing the Tasmanian devil as a threatened


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species complements the work being undertaken on the disease and promotesthe species recovery through development of a recovery plan and enhancing the

species legislative protection.In 200506 the department received 341 referrals, of which 191 were deemednot to be controlled actions and required no further assessment. Seventy-eightreferrals (71 after reconsideration) were deemed to be controlled actions requiringassessment and approval under the EPBC Act, and it was decided that a fur ther 64actions (67 after reconsideration) could proceed without approval if undertakenin a particular manner. Following assessment, 35 actions were approved withconditions designed to protect matters of national environmental signi canceand the environment. Two actions were not approved. The department also

received 13 requests for advice under section 160 of the EPBC Act from AustralianGovernment decision-makers. 1

Overall the statutory timeframes for referral, assessment and approval decisionswere met on 85 per cent of occasions, which is a decrease from the previousyear 2. This is indicative of the time required for decision-making on an increasingnumber of complex and sensit ive proposed actions, and the increasing workresulting from actions referred in previous years now entering the approvalsphase.

In December 2005 the rst ever approvals bilateral agreement under the EPBCAct was entered into with the New South Wales Government for the SydneyOpera House. The agreement provides for the protection of the world heritageand national heritage values of the Sydney Opera House and aims to ensure anef cient, timely and effective process for environmental assessment and approvalof actions in accordance with the management plan for the Sydney Opera House.

This year, 21 places were added to the National Heritage List, bringing the totalplaces in the list to 31. Nine Commonwealth agencies completed their heritagestrategies which were found by the minister to be of a satisfactory standard. InJanuary 2006, the Australian Government lodged a nomination for the Sydney

Opera House to be inscribed on the World Heritage List.

1 Section 160 applies to certain Australian Government author isations, such as providing foreign aid that is likely to have asignicant impact on the environment. See page XX.

2 A review of EPBC Act statistics undertaken after the 200405 report ing period revealed that 90 % of statutory timeframeswere met, rather than 83 % as reported in the annual report.

1 Section 160 applies to certain Australian Government author isations, such as providing foreign aid that is likely to have asignicant impact on the environment.

2 A review of EPBC Act statistics undertaken after the 200405 report ing period revealed that 90 per cent of statutor ytimeframes were met, rather than 83 per cent as reported in the annual report.


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1. Protecting environment and heritage

1.1 Matters of national environmental signicance

An impor tant means of protecting matters of national environmental signi canceis through identifying them as controlling provisions for actions that are likelyto have signi cant environmental impacts and therefore require assessment andapproval under the EPBC Act. Provisions of the EPBC Act also require certainactions to be undertaken in a particular manner to avoid adverse impacts onmatters of national environmental signi cance. This year 270 matters of nationalenvironmental signi cance were protected through these processes. Whereproposals involved Commonwealth land or agencies, the overall environment wasprotected (see Table 5, Appendix 1 of this report) .

In 200506 the most frequent controlling provision was again listed threatenedspecies and ecological communities, followed by l isted migratory species.Listed threatened species and ecological communities were determined to bea controlling provision for 65 proposed actions, or 92 per cent of all actionsdetermined to require approval. Listed migratory species were also determinedto be a controlling provision for 38 of these proposals. There were sevencontrolled action decisions where the ecological character of a Ramsar wetlandwas the matter protected, and 18 proposed actions where world heritage valueswere determined to be a controlling provision. For the second year of operationof the new national heritage provisions, one proposed action (out of threereferrals) was determined to require approval due to likely signi cant impacts onnational heri tage values. There were seven controlled action decisions where thecontrolling provision was the Commonwealth marine environment; these werepredominantly projects relating to petroleum exploration and development. Onenuclear action was proposed.

More than one matter protected under Part 3 of the EPBC Act was determinedto be a controlling provision for 45 of the 71 proposals determined to requireapproval. These actions typically involved potential impacts on species listedas both threatened and migratory, or listed species found in or near theCommonwealth marine environment, world heritage properties or Ramsarwetlands. For example, a proposal to expand the existing Bowen Marina on thecentral Queensland coast, including dredging a new marina basin and accesschannel, was determined to be a controlled action for impacts on three matters ofnational environmental signi cance. The relevant matters were the world heritagevalues of the adjacent Great Barrier Reef World Heritage Area, listed threatened

species that may be present such as the false water rat, and listed migratory speciesincluding dugong and marine turt les in the adjacent Edgecumbe Bay DugongSanctuary.


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A total of 35 actions were approved in 200506 with a range of conditions toensure that matters of national environmental signi cance and the environment

were protected. No proposals were approved without conditions and twoproposals were rejected. At 30 June 2006, 91 actions affecting matters protectedby the EPBC Act were under assessment; that is, a decision had been made on theassessment approach but the assessment was still to be completed. These ongoingassessments include 36 assessments conducted under bilateral agreements and29 assessments conducted under state or territory processes that have beenaccredited on a case-by-case basis. Table 6 in Appendix 1 of this report lists thetypes and number of assessment approaches used during 200506.

The focus of the EPBC Act on protecting matters of national environmental

signi cance continues to posit ively in uence the way in which developersdesign projects, using best practice methods and measures to minimise potentialimpacts on these protected matters thereby avoiding or minimising the need forassessment and approval under the EPBC Act.

1.2 Proposals involving Commonwealth land and/or actions

Actions by the Australian Government and actions on Commonwealth land

In 200506 ve actions were determined to require approval under the EPBC Act

because of likely signi cant impacts on the environment on Commonwealth land,and a further three actions by Australian Government agencies were determined tobe controlled actions.

One of these actions, submitted by the Australian Government Departmentof Defence, was to decommission and remove masts, aerials and associatedinfrastructure at the Royal Australian Naval Transmitting Station, Lawson, AustralianCapital Terri tory. The transmitt ing station, completed in 1939, was the mostpowerful naval wireless station in the Brit ish Empire and the largest naval orcommercial station in the southern hemisphere. The station is important for its

association with the development of Australian naval communications from 1938 inthe lead up to the Second World War 193945.

The proposal was deemed to be a controlled action under the EPBC Act, as thedismantling and removal of the masts and aerial were likely to have a signi cantimpact upon historic Commonwealth heritage values at the site, and on listedthreatened species and communities through disturbance of natural temperategrasslands.

The proposal was approved with conditions on 19 January 2006. Under theconditions of approval, Defence was required to conduct a workshop to determine

the most effective means of removing the infrastructure to minimise impacts. Theconditions also required Defence to take actions to record and maintain certainhistoric Commonwealth heritage values of the site.


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Another example of an action proposed by the Australian Government, also onCommonwealth land, was the joint submission of a proposal by the Defence

Housing Authority and Canberra Investment Corporation Limited to construct 690residential lots on 77.3 hectares of Australian Government owned land at Lee Pointin the new nor thern suburb of Lyons, Darwin, Northern Territory.

The development was determined to be a controlled action as this relatively largeurban precinct had the potential to have a signi cant impact on well establishedeucalypts with hollows used by threatened native bird species as well as nativevegetation in and around the Sandy Creek Conservation Park.

On 13 March 2006, the development was approved with conditions, one of which

required the proponents to satisfy the minister that the conservation park and theeucalypts in question are protected and managed in the long term.

Advice on authorising actions

Section 160 of the EPBC Act requires Australian Government agencies, oremployees of the Australian Government, to obtain and consider advice fromthe Minister for the Environment and Heritage in relation to authorisation forspeci c actions, where those actions are likely to have a signi cant impact on theenvironment. Actions on which advice has been sought have involved dredging sea

bed materials and sea dumping.During 200506 advice was sought under section 160 on four occasions (see Table8, Appendix 1 of this report) . These projects included sea dumping as part of thePluto lique ed natural gas project on the North West Shelf of Western Australia.On 30 January 2006, the project proponent applied for a permit under theEnvironment Protection (Sea Dumping) Act 1981 to dispose of spoil that wouldresult from dredging a shipping channel and berthing area for the lique ed naturalgas export facility. It was determined that advice should be sought under section160 of the EPBC Act for potentially signi cant impacts on the environment, beforea permit decision could be made under the Sea Dumping Act.

The project had also been referred for potential impacts on matters of nationalenvironmental signi cance. On 26 August 2005 the project was determined to bea controlled action, with assessment to be by a public environment report. Thisreport will also be used for the assessment required under section 160 of the EPBCAct. Once the assessment is completed, section 160 advice will be provided toinform the permit decision under the Sea Dumping Act.

Exemptions

During 200506 no exemptions were issued under the EPBC Act in relation to thereferral, assessment and approval requirements.


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1.3 Intergovernmental cooperation

Bilateral agreements

In December 2005 an approvals bilateral agreement was entered into with theNew South Wales Government for the Sydney Opera House. The agreementprovides for the protection of the world heritage and national heritage valuesof the Sydney Opera House and aims to ensure an ef cient, timely and effectiveprocess for environmental assessment and approval of actions in accordancewith the management plan for the Sydney Opera House. As part of the processof developing the bilateral agreement, the management plan has been accreditedunder the EPBC Act.

The assessment bilateral agreement with Tasmania was reviewed, prior to its expiryon 14 December 2005 after ve years of operation. The review demonstrated thatthe agreement was meeting its objects and recommended that the agreementbe remade under the EPBC Act and that the replacement agreement accreditthe same Tasmanian environmental assessment processes. A second assessmentbilateral agreement with Tasmania commenced operation on 12 December 2005.

Assessment bilateral agreements are also in place with the Northern Territory,Western Australia and Queensland. Such agreements ensure that proponentsare required to prepare and submit only one set of assessment documentation,with the transparency of the process maintained through comprehensive publicconsultation requirements. Australian Government scrutiny is maintained throughthe Minister for the Environment and Heritage still being required to grantapproval and set condit ions for the projects. During the year 42 projects had beenor were being assessed under a bilateral agreement.

Development of assessment bilateral agreements with the other states isprogressing. In the absence of an assessment bilateral agreement, duplicationof Australian Government and state or territory assessment processes continuesto be signi cantly reduced through the use of case-by-case accreditation andcoordinated assessments. Accredited assessments meet at least those standardsthat would be required under a bilateral agreement. During the year 34 projectshad been or were being assessed under state or territory processes accredited on acase-by-case basis.


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Heritage management

As a signatory to the World Heritage Convention, the Australian Governmentcooperates closely with state authorities to ensure the protection and promotionof state-managed world heritage properties is consistent with Australias nationalundertakings under the convention. During 200506 the Australian Governmenttook part in consultations over, and funding of, reviews of management plans andstrategic plans for the Fraser Island and Greater Blue Mountains world heritageproperties.

During 200506 the Australian Government worked with the states on awide range of projects. These included projects to protect and manage worldheritage values such as developing partnerships with leaseholders to eradicatenoxious weeds on Lord Howe Island, community based rainforest weeding andrehabilitation works in the Central Eastern Rainforest Reserves (Australia), and theemployment of a project of cer to develop a plan to eradicate rabbits and rodentsfrom Macquarie Island. Other projects aimed to facilitate stakeholder involvementin the protection and management of world heritage properties through fundingworld heritage community and scienti c committees and presentation of worldheritage values. An example is the project to enhance visitor precincts at ThirlmereLakes and Nattai national parks in the Greater Blue Mountains.

This year the department commissioned two studies to de ne how the valuesof the Great Barrier Reef World Heritage Area are expressed on Magnetic Island.These studies also contributed substantially to the departments understandingof the island by drawing together data on species and developing a preliminarymethodology to consider how the world heritage value of exceptional naturalbeauty may be expressed on the island. Based on this information, thedepartment is developing a robust basis for future decision-making under theEPBC Act for Magnetic Island and its world heritage values.

Species Information Partnerships

Through the Species Information Partnerships the department, with theThreatened Species Scienti c Committee, continued to work towards improvingconsistency between Australian Government, state and territory threatenedspecies lists, and increasing the exchange of information to support the listing andrecovery of threatened species.

Species Information Partnerships allow for targeted expenditure of limitedconservation resources, and facilitate the best possible conservation outcomes forthreatened species.

During 200506 the South Australian, Tasmanian, Western Australian and NorthernTerri tory governments provided information on endemic species as part ofSpecies Information Partnership agreements. The Threatened Species Scienti c


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Committee assessed many of these endemic species for listing as threatened underthe EPBC Act.

The committee met with representatives from the South Australian Departmentfor Environment and Heritage in December 2005 and the Tasmanian Departmentof Primary Industries and Water in March 2006 to progress threatened speciesconservation.

National Partnership Approach for the Sustainable Harvest of MarineTurtles and Dugongs in Australia

The department is implementing the national partnership, which the Natural

Resource Management Ministerial Council identi ed as a priori ty at i ts27 October 2005 meeting.

The partnership body includes senior of cials from the Northern Territory,Queensland and Western Australian governments, the Torres Strait RegionalAuthority, Great Barrier Reef Marine Park Authority, Department of Agriculture,Fisheries and Forestry and three members from the Indigenous AdvisoryCommittee. Up to 10 Indigenous members from key communities with an interestin dugong and turtle conservation will be nominated to the partnership body. Apreparatory meeting chaired by the department was held in March 2006.

1.4 Assessment and approval process

Referrals

During 200506, 341 actions were referred to the Australian Government for adecision on whether approval was required under the EPBC Act. Approximately7 per cent of these referrals were the result of compliance action taken bythe department, a slight decrease from last year. A total of 78 actions (71 after

reconsideration) were determined to be controlled actions and a further 64 (67after reconsideration) were determined not to be controlled actions if taken in aparticular manner. A total 187 (191 after reconsideration) of these referrals weredeemed not to be controlled actions and required no further assessment.

Prole of actions referred under the EPBC Act

As in previous years the largest number of referrals came from Queensland, whichcontinues to have the highest number of controlled action decisions. This re ectsthe continuing development along the Queensland coast, potentially impacting on

the Great Barrier Reef and Wet Tropics world heritage properties and a number ofRamsar wetlands. Table 3 in Appendix 1 of this report lists the numbers of referralsand decisions by jurisdiction made during 200506.


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Numerous referrals were received in the categories urban and commercialdevelopment, energy generation and supply and mining. Table 4 in Appendix 1 of

this report lists the numbers of referrals and decisions made by activity categoryduring 200506.

Meeting statutory timeframes (referrals)

The EPBC Act allows 20 business days from receipt of a referral for decidingwhether an action requires approval. This includes a 10-day public commentperiod. This year there were 64 late decisions, or 19 per cent of the total. Thiscompares with 37 late decisions last year (11 per cent of the total). Referraldecisions were late an average 3.4 business days in 200506, compared to anaverage of 2.6 days since the commencement of the EPBC Act.

Where the statutory timeframe was not met, this was due to the increasing numberof detailed and complex projects being referred.

The 20-day timeframe for decision-making on referrals was suspended 32 times in200506. This was due to the need to seek further information before a decisioncould be made.

Decision trendsparticular manner decisions

The EPBC Act provides for the minister to decide that a referred proposal isnot a controlled action provided it is undertaken in a particular or speci edmanner. This provision may be used when there is clear evidence that a particularmitigation or avoidance measure will be employed to avoid signi cant impacts.Under section 77A of the EPBC Act, penalties apply to breaches of particularmanner decisions.

This year 67 referrals (three of which were established after reconsideration) weredecided to be not-controlled actions provided they were carried out in a particularmanner.

Through ongoing education, the department encourages proponents to design

projects and activities in a manner that avoids impacts on matters of nationalenvironmental signi cance. The part icular manner provision allows the ministerto support this design approach. The particular manner provision promotesand supports industries and individual developments that are shifting to betterenvironmental practices.


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Case study: Using the particular manner provision to deliver betterenvironmental outcomesKagara Pty Ltd Dome Polymetallic mine,Queensland.

Kagara Pty Ltd proposed to re-open the mining operation at the existingRed Dome Mine and associated satellite ore deposits near Chillagoe,north Queensland. A key issue was impacts from blasting vibration onnearby caves used by the endangered greater large-eared horseshoe bat(Rhinolophus phili ppinensis ). As part of its referral documentation, Kagaraprovided data on the bat obtained as part of mine baseline studies. As fewstudies of this species have been conducted, the data have contributed to a

better understanding of the bat and its distribution in the Chillagoe region.Kagara consulted with bat experts and state agencies to identify likelyimpacts of mining on the greater large-eared horseshoe bat, and preparedmeasures to minimise these impacts as part of its referral documentation.Kagara undertook to establish conservation zones and buffers to protectcave sites, use minimal lighting at the tailings storage facility and processponds to reduce their attractiveness to insects and hunting bats, providearti cial lighting stations to attract insects and bats away from mine areas,implement blast protocols to avoid or minimise disturbance risks, and

rehabilitate the area as soon as possible after disturbance.A specialised monitoring programme will also be implemented to assess theeffectiveness of the mitigation measures and to improve understanding ofthe impact of mining activities on bat species in general. A decisionwas made that there are not likely to be signi cant impacts on the greaterlarge-eared horseshoe bat, provided the speci ed mitigation measuresare implemented.

Statements of reasons Subsection 77(4) of the EPBC Act allows a person taking an action that the ministerhas decided is a controlled action to request reasons for the decision. During200506 the department handled 12 such requests.

Reconsideration of decisions

Seventeen referral decisions were reconsidered in 200506; 15 decisions wererevoked and a new decision substi tuted (see Table 2, Appendix 1 of this report).The number of reconsiderations is small in comparison with the total number ofreferral decisions and through consultation with key stakeholders and interestgroups the department ensures that reconsiderations maintain the transparencyand public accountability inherent in the overall framework of the EPBC Act.


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Reconsideration can be justi ed where there is substantial new information onlikely impacts on matters protected by the EPBC Act and the new information can

contribute to better environmental outcomes.

Assessments

The assessment of potential environmental impacts of proposed actions usesthe best available science, with comments and analysis sought from relevantexperts within the department, other Australian Government or state and territorygovernment agencies and, when necessary, external scient i c insti tutions andorganisations.

The EPBC Act provides a range of assessment approaches to ensure that an

environmental assessment re ects the nature of the proposed actions, the qualityof the information already available, the level of public interest and the natureand scale of the likely impacts. Decisions on the level of assessment for controlledactions during 200506 are summarised in Table 6, Appendix 1 of this report.

During 200506 the department completed 36 assessments following nalisationof relevant documentation by the proponent, 18 by preliminary documentation,three by a public environment report, four by an environmental impact statementand 11 under an accredited process or a bilateral agreement. A further 91assessments were in progress at 30 June 2006.

Meeting statutory timeframes (assessments)

Six out of 31 decisions on the appropriate assessment approach (19 per centof the total) were made outside the statutory timeframe in 200506. Factorscontributing to late decisions included the need for additional assurances fromstates and territories that accredited assessment processes would meet AustralianGovernment requirements and the need to clarify and consult on information inpreliminary documentation.

The EPBC Act requires the minister to prepare written guidelines for the contentof public environment reports and environmental impact statements within 20business days from the date on which the assessment approach was decided.During 200506 the department prepared guidelines for three public environmentreports and three environmental impact statements.

Once the minister has accepted nal preliminary documentation, a nalised publicenvironment report, or a nalised environmental impact statement, an assessmentrepor t must be prepared for the minister within 20 business days. During 200506there were 13 late assessment reports out of 18 for assessment by preliminarydocumentation, three out of three for assessment by public environment reportand two out of four for assessment by environmental impact statement. Delays

in these cases mostly resulted from the need to adequately consider complextechnical issues raised by the assessment process and the need to seek furtherdetailed information from the proponent.


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Case study: Industrial subdivision in outer Melbourne, Victoria

The proponent proposed to clear all vegetation on a 42 hectare parcel of landon the fringe of an industrial area in outer western Melbourne, Victoria. Theland would be subdivided into 19 lots, each approximately two hectares, forvarious light industrial uses.

The primary concern was the possible impact of the development on listedthreatened species, in particular the crit ically endangered spiny or plains rice ower ( Pimelea spineescens var. spinescens ). This concern was heightenedwhen, as part of a targeted survey of the site, the proponent found about

200 individuals of the species, estimated to represent between 1.2 and10 per cent of the known population of the species in the wild.

The proponent recognised its responsibility for protecting the crit icallyendangered plant but there were dif culties in resolving how best to doso. In particular, it was unclear how an approval under the EPBC Act wouldbe able to guarantee long-term protection of the spiny rice ower after thedevelopment had been completed and sold to new owners.

In the end, the minister entered into a conservation agreement under theEPBC Act with the developer which formed the basis of the subsequentapproval decision. The conservation agreement also provided the basis fora formal agreement between the Australian Government, the developer,the Victorian Government, the local government authority and a non-government trust with a charter to manage land for conservation purposes.The formal agreement between all these parties guaranteed the long-termarrangements to protect the spiny rice ower.

Measures included increased funding for the management of a VictorianGovernment conservation reserve, and the translocation of a small number

of spiny rice ower plants to that site; funding for the creation of a newPimelea conservation reserve controlled by the local council which alreadycontained some 400 spiny rice ower plants; and the establishment of a trustfund to provide for surveys, research and conservation of the species, aswell as the management of the two reserves. The overall package was worthalmost $1 million.

This project is a good example of how an innovative approach to theprovisions of the EPBC Act ( in this case, in relation to conservationagreements) can result in signi cant environmental advances while

providing industry with appropriate oppor tunities for sustainabledevelopment ..


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Approvals

In 200506, 35 controlled actions were approved; a further six were awaitingdecision at 30 June 2006 (see Table 7, Appendix 1 of this report). Actions approvedinclude Murray Valley Drain 11, Numurkah, Victoria; development of EastBusselton, Yalyalup, Western Australia; development of Blacktip gas eld, JosephBonaparte Gulf; Yarra Valley golf course, Healesville, Victoria; and Hay Point coalterminal, near Mackay, Queensland. Conditions attached to approvals includemanaging the environmental impacts of construction, providing compensatoryhabitat, monitoring programmes, independent audits, and measures for managingimpacts on cetacean species.

Meeting statutory timeframes (approvals)

Eleven out of 37 approval decisions (29 per cent of the total) were made outsidethe statutory timeframe in 200506. As in previous years, these delays were dueto the complexities of the issues under consideration and the need to resolvea range of social and economic issues. Other contributing factors includedcomplex condit ion setting and the need to acquire up-to-date information onthe distribution and population size of listed threatened species. The needfor additional consultation with the proponents and with state and territorygovernments, and discussions with other Australian Government agencies, alsoprovided challenges to meeting the statutory timeframes for approval decisions.


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Case study: Environmental impact assessment and approval of theHay Point Coal Terminal dredging works near Mackay, Queensland

The Ports Corporation of Queensland referred a proposal on 10 September2004 to carry out dredging at the Hay Point Coal Terminal. The actioninvolved dredging seabed material to create a new vessel manoeuveringarea and departure channel to accommodate larger ships and increaseoutput. The dredged material would be disposed of within the Great BarrierReef Marine Park.

Key issues in the assessment were the potential impacts on the GreatBarrier Reef World Heritage Area, listed threatened and migratory speciesincluding turtles and dugongs, and impacts on the Commonwealthmarine area. As the action was proposed to take place in state waters,Commonwealth waters, and the Great Barrier Reef Marine Park, approvalunder several pieces of legislation was required, including the EPBC Act, theEnvi ronment Protection (Sea Dumping) Act 1981 and the Great Bar rier Reef Marine Par k Act 1975.

The proponent approached the department very early in their developmentof the proposal, which allowed the department to advise on informationrequired for assessment as well as coordinate a process with each of the

regulatorsthe department, the Great Barrier Reef Marine Park Authority(GBRMPA) and the Queensland Environment Protection Agency. Theresult was a coordinated assessment process, with one environmentalimpact statement being released for public consultation, and the regulatorscommunicating and agreeing information requirements with the proponentat each of the key stages.

The project was approved on 8 December 2005, with conditions. The keycondition was the requirement for an environmental management plan thatincluded measures to directly protect turtles and dugongs and extensivemonitoring, and triggers for management measures to manage turbidityplumes that could adversely affect coral areas. The proponent had collectedextensive information that was used to support and verify the impactspredicted by modelling. A management reference group was established tomonitor the projects progress and to determine management actions, shouldunpredicted impacts be found. The proponent has engaged a consultant tomonitor the project and has developed, in conjunction with the GBRMPA, asystem that allows real-time tracking of turbidity plumes and key indicators.

The proactive and cooperative approach adopted towards the project by allparties has resulted in a comprehensive assessment process and approval

conditions that are responsive to both the practical requirements of thedredging and the need for high environmental performance.


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Case study: Refusal of the American River subdivision anddevelopment on Kangaroo Island, South Australia

A small urban subdivision and development at American River onKangaroo Island was determined to be a controlled action under the EPBCAct due to the potential signi cant impact on listed threatened speciesand ecological communities, in part icular the endangered South Australianglossy black-cockatoo ( Calyptorhynchus lathami halmaturinus ).

The proposed action involved the subdivision of one allotment into velots. Four lots were proposed for residential development. The proposed

action involved clearing up to 1.7 hectares of remnant native feedinghabitat for the South Australian glossy black-cockatoo.

The species, once known to inhabit the Fleurieu Peninsula on the SouthAustralian mainland, is now found only on Kangaroo Island with a totalpopulation of between 290300 birds. The birds are loosely segregatedinto six ocks around Kangaroo Island, and the ock that lives aroundAmerican River forms part of the eastern ock. The feeding and nestinghabitat (drooping she-oak and sugar gums) in the American River area islimited compared to other areas on Kangaroo Island, and critical habitat

at the site has been identi ed as at risk in the Glossy Black-CockatooRecovery Plan. Furthermore, the recovery plan identi ed the AmericanRiver habitat as important in helping the species to move back into itsformer range on the South Australian mainland.

The minister refused the American River subdivision and developmentproposal on 31 December 2005. The refusal was based on the fact thatit would result in an unacceptable loss of critical habitat, which wouldbe a serious threat to the survival of the eastern population of the SouthAustralian glossy black-cockatoo. It was also found that the proposedaction would impede recovery of the species through the plannedexpansion of the species current distribution into its former range on theSouth Australian mainland.


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Review of the administrative guidelines on signicance

The guidelines provide guidance on actions that should be referred to the ministerfor a decision on whether assessment and approval are required under the EPBCAct. A review of the guidelines, involving public comment and interviews with arange of stakeholders, was completed in 200506. New and revised guidelines,called Signi cant Impact Gui delines 1.1Matters of National Envi ronmental Signicance , are part of a new framework of EPBC Act policy statements aimedat providing the best possible guidance to stakeholders. Signi cant Impact Guidelines 1.2Actions on, or Impacting upon, Commonwealth Land, and Actions by Commonwealth Agencies was also released in 200506.

Development of new industry sector guidelines was progressed to provide moredetailed guidance to the aquaculture, agriculture (land-clearing), wind farm andurban development sectors. Development of a guideline for local government alsocommenced.

Strategic assessments

Offshore petroleum exploration and appraisal activities in Commonwealth waters

A strategic assessment is being undertaken to describe the offshore petroleum

exploration and appraisal activities undertaken in Commonwealth waters, andassess the likely environmental, social and economic impacts of these activities.The public comment period for the draft strategic assessment prepared by theAustralian Government Department of Industry, Tourism and Resources closedon 14 March 2006. Due to the complexities surrounding this assessment, theDepartment of Industry, Tourism and Resources is yet to nalise the strategicassessment.

Sustainable shery assessments

Under the EPBC Act, the department assesses the environmental performanceof sheries management arrangements to ensure that sheries are managed inan ecologically sustainable way and to identify areas for improvement. Under theEPBC Act, all Commonwealth managed sheries and all state and territory sherieswith an expor t component are required to undergo assessment.

In 200506, 25 sheries were comprehensively assessed, including sevenCommonwealth-managed sheries and 18 state-managed sheries in Tasmania,Victoria, Queensland, Western Australia and South Australia. All sheries assessedin 200506 received export approval.

For an additional eight sheries short-term decisions were made, allowing exportof product from the sheries to continue while further improvements are made totheir management arrangements in the short term.


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A total of 121 sheries (113 full-term and eight short-term decisions) have beendeclared as either exempt from the export provisions of the EPBC Act for ve

years, or as approved wildlife trade operations for periods up to three years.

As a result of the shery assessment process, a broad range of recommendationshave been agreed between the department and shery management agencies thatrequire the shery management agencies to demonstrate improved environmentalperformance, and improve the sheries ecologically sustainable management inthe short to medium term. The outcomes are published in detailed reports on thedepartments website at www.deh.gov.au/coasts/ sheries/index.html.

Development of a reassessment process continued for the next round of shery

assessments. This has involved extensive consultation with shery managersfrom the Australian Government and all states and terri tories to ensure that allstakeholders have the opportunity to contribute to this process.

The Torres Strait dugong and turtle sheries are to undergo a strategic assessmentonce terms of reference are nalised in May 2006.

1.5 Transparency and public awareness

Increasing stakeholder and public awareness

During 200506 signi cant upgrades were made to databases and websitessupporting the EPBC Act, improving both public access to information andtransparency of decision-making. The EPBC Act website was upgraded to improveuseability, and to streamline access to key information. A major website on whalesand other cetaceans was launched, which included a new online database forsightings and strandings, and a section to meet the needs of school children. Thereferrals and assessments database was upgraded, improving access to publicnotices for industry sectors and other users.

Listed threatened species and ecological communities

The department continued to publish new nominations of threatened species,threatened ecological communities and key threatening processes on its website,and to provide a formal two-month public comment period. The website alsocontains amendments to the lists of threatened species, threatened ecologicalcommunities and key threatening processes, as well as the Threatened SpeciesScienti c Committees advices to the minister.

A signi cant development in public information is the new online natural

resource management conservation advice search module. The search modulemakes it easier for people to search for conservation advice by speci c naturalresource management regions. Prior to the completion of recovery plans,


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conservation advice provides guidance to regional planning bodies, communitygroups, landholders and other stakeholders on recovery and threat abatement

activities that can be undertaken immediately to assist the conservation andrecovery of newly listed species and ecological communities. Conservationadvice was developed and published on the departments website for species andecological communities listed in 200506. Information sheets on listed ecologicalcommunities also include this conservation advice.

The department began to publish the Communities for Communities newsletter.This quarterly online newsletter will keep the public informed about threatenedecological communities nominated for listing, listings made under the EPBC Act

and information and resources available on the departments website. The aimis to provide community groups with an information source they can use whencompiling their own newsletters. Community groups are encouraged to useany articles and pictures from the newsletter (see www.deh.gov.au/ biodiversity/ threatened/publications/communities-newsletter/index.html).

Community meetings with stakeholder groups were held in Brisbane, todiscuss the lit toral rainforest ecological community, and in Bega, to discuss fourecological communities nominated in the local region. Advertisements in regionalnewspapers in Queensland and New South Wales noti ed the community of

the release for public comment of the CoolabahBlackbox Woodlands TechnicalWorkshop report .

Species Information Partnerships are an init iative to improve the consistency ofinformation across jurisdictions. The partnerships work to improve consistencybetween Australian Government, and state and territory threatened species lists,and to exchange information to support the listing and recovery of threatenedspecies. The Species Information Partnerships have proved very successful .The Australian Government has developed partnerships with ve states andterritories and will continue to work with jurisdictions not yet involved in theproject.

Marine species

A number of projects aimed at assisting the recovery of marine species listed asthreatened under the EPBC Act were completed this year, and nal reports madeavailable on the departments website. Reports and other publications includeIdentication of Western Austral ian Grey Nur se Shark Aggregati on Sites , a set ofmarine species identi cation guides and the Marine Tur tle Recover y Newsletter .

In 200506 four public consultation forums were held in Brisbane, Adelaide,Melbourne and Perth to contribute to the development of the wildlife conservationplan for 36 species of migratory shorebirds.


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Enhancing community participation

Presentations and workshops During 200506 the department held information sessions around Australiawith local and state government agencies and community groups interested inunderstanding more about the EPBC Act. These presentations and workshopswere conducted on request. In addition, the department has supported activitiesdesigned to enhance the understanding of the EPBC Act for the community,farmers and rural stakeholders.

Case study: Enhancing community participation in listing ecologicalcommunities

In 200506 the department gave presentations at a large number ofconferences and met with many stakeholder groups regarding the processof assessing and listing ecological communities under the EPBC Act toincrease community involvement.

Conferences included the Australian Network for Plant Conservation annualconference, Australian Wildlife Management Society annual conference,Conservation Management Network annual conference, EcologicalConsultants Association annual conference, and the Stipa Native GrasslandsAssociation annual conference. Meetings were held with key stakeholders aspart of an ongoing process of stakeholder meetings relating to nominatedand listed ecological communit ies and the EPBC Act generally. Stakeholdersincluded Arnhem Land traditional owners, the Conservation Council ofSouth Australia, Humane Society International, the Local GovernmentAssociation of South Australia, the NSW Farmers Association Cooma branchand the South Australian Farmers Federation.

Strategic regional planning

The department has sought a closer working relationship with local and regionalbodies through strategic regional planning projects in Western Australia, Victoriaand Queensland.

Strategic regional planning projects aim to improve information and policyadvice to the public about matters protected by the EPBC Act in the region sothat potential users can determine with greater certainty if they require approvalunder the EPBC Act. These projects seek to increase engagement with state and

local planning authorities to ensure Australian Government requirements areincorporated into local planning instruments, resulting in fewer individual projectsrequiring approval under the EPBC Act.


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The department is examining ways to provide incentives and opportunities fordevelopers to present large projects for approval under the EPBC Act early in the

planning process. Projects such as industrial estates and coastal developmentscan be assessed more effectively using strategic assessment processes, rather thanad hoc and time-consuming consideration of individual components late in theplanning phase.

The department is working to develop a shared understanding of the risksto matters of national environmental signi cance with stakeholders, localgovernments and relevant regional bodies in Bunbury/Busselton, WesternAustralia; Mission Beach and Magnetic Island in Queensland; and the GeelongSurfCoast area, Victoria.

EPBC Unit

The EPBC Unit was a joint project of WWF Australia (World Wildlife Fund), theAustralian Council of National Trusts and the Tasmanian Conservation Trust, withfunding assistance from the Australian Government. The purpose of the EPBC Unitwas to increase community awareness of the EPBC Act, and to assist communityinterests to become involved in the Acts operation through presentations andworkshops. The EPBC Unit made a signi cant contribution to the successfuloperation of the EPBC Act through engaging stakeholders in the operation andrequirements of the EPBC Act, including the heritage system. The EPBC Unitproject was nalised at the end of 200506 after successfully meeting its objectives.

National Farmers Federation EPBC Act Information Ofcer

In 200506 the department and the National Farmers Federation (NFF) continuedto support the role of the NFF EPBC Act Information Of cer in providing adviceand assistance to farmers and rural stakeholders on the EPBC Act.

The EPBC Act Information Of cer cont inued to foster improved relationshipsbetween the department, rural stakeholders, conservation groups, state andterritory agencies, and local governments, and to give EPBC Act presentations to

farmers and rural stakeholders, part icularly at the request of state and territoryfarming organisations, commodity groups, and state and territory governmentagencies in New South Wales, South Australia, Tasmania, Queensland, WesternAustralia and Victoria.

A successful initiative has been working with the AgForward team (under AgForce)to present workshops in Queensland to assist farmers to understand and workwith Australian Government and state environmental regulatory requirements offarm business. This has been particularly successful in regions where broad-acrefarming may impact on EPBC Act protected matters such as the Wet Tropics World

Heritage Area of far north Queensland, the bluegrass ecological communities ofthe brigalow belt bioregion in central Queensland and areas where farmers needto clear brigalow regrowth. Farmers were introduced to the differences between


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Australian Government and state environmental legislation, why they need tocomply with the legislation and how to go about referring activities under all

relevant legislation. These presentations, as well as radio interviews, have raisedEPBC Act awareness in the farming community and increased legal certainty forfarm businesses.

The department, in collaboration with the EPBC Act Information Of cer,continued to consult with farming organisations on nominations for listingthreatened species and ecological communities under the EPBC Act, to improveprocesses for listing threatened species and ecological communities and todevelop information products for rural stakeholders. The department and theEPBC Act Information Of cer updated the webpage Farmers and the EPBC Actwhich leads farmers quickly to the information they need to work with the EPBCAct (see www.deh.gov.au/epbc/farmers). Plain English information and fact sheetson the NFF website were updated. These are part icularly useful for farmers cominginto contact with the EPBC Act for the rst t ime (www.nff.org.au/pages/epbc.html).

Consultation register

Under section 266A of the EPBC Act a register is maintained for persons or bodiesinterested in being invited to submit comments on permit applications relatingto listed threatened species and ecological communities, listed migratory species,cetaceans and listed marine species. The registration period is 12 months. At30 June 2006 20 people were registered.

Advisory committees

Threatened Species Scientic Committee

The Threatened Species Scienti c Committee is appointed under subsection502(3) of the EPBC Act. The committees role is to advise the Minister for theEnvironment and Heritage on amending and updating the lists of threatened

species, threatened ecological communities and key threatening processes and onmaking or adopting recovery plans and threat abatement plans. The commit teemay also provide additional advice to the minister on issues relating to theseresponsibilities. The functions, terms of reference and current membership of thecommittee are listed in Appendix 3 of this report.

In 200506 the committee met four times: on 68 September 2005, 29 November 1 December 2005, 79 March 2006 and 3031 May 2006. The committee focusedon the assessment of the conservation status of a large number of WesternAustralian, South Australian and Tasmanian species as part of the Species

Information Partnerships. Many of these species are inconsistently listed under theEPBC Act and state legislation. Information to support the committees assessmentwas provided by the relevant state governments.


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The commit tee nalised advice for several complex threatened speciesnominations, including the koala and orange roughy. The committee provided a

recommendation to the minister on the eligibility of these species for listing.The committee discussed several strategic issues within its terms of reference,including the assessment of translocated populations, conservation of marinespecies, investigating mechanisms for strategic assessment of threateningprocesses, and effective solutions to the challenges of listing threatened ecologicalcommunities.

Biological Diversity Advisory Committee

The Biological Diversity Advisory Committee met on 67 December 2005 and

1112 April 2006. The main issues discussed at both meetings were taxonomy,biodiversity communication, and how climate change may help the spread ofinvasive species. The functions, terms of reference and current membership of thecommittee are listed in Appendix 3 of this report.

As a result of the December 2005 meeting the committee, in conjunction with theAustralian Biological Resources Study, wrote a submission to the minister outliningfuture issues for taxonomy and identi ed means of managing these issues.

The 20042007 National Biodiversity and Climate Change Action Plan is one ofthe rst national plans in the world to identify actions to reduce the impact ofclimate change on biodiversity. The committee has been instrumental in drivingthe climate change and biodiversity agenda with meetings and workshopswhich enabled the Australian Government to promote its commitment toprotect Australias biodiversity from climate change. This was a substantial policydevelopment initiative. As a result of the April 2006 meeting, the committee agreedto organise and run a workshop investigating the effects of climate change inhelping the spread of invasive species.

At the departments request, the committee contributed to the National WeedsStrategy and the Review of the National Framework for the Management andMonitoring of Australias Native Vegetation. The committee will continue toprovide input to the National Strategy for the Conservation of Australias BiologicalDiversity and the National Biodiversity and Climate Change Action Plan.

The committee has identi ed communicating biodiversity as an important issue.Market research is being undertaken by the department to examine public use andunderstanding of the term with the assistance of the committee.

Indigenous Advisory Committee

The Indigenous Advisory Committee normally meets at least twice a year,

sometimes jointly with the Biological Diversity Advisory Committee. Meetingsare rotated around states and regions. In 200506 the commit tee met twice: inDecember 2005 at Booderee National Park and in June 2006 in Canberra.


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The committee advises the minister on Indigenous issues under the EPBC Act. Thefunctions, terms of reference and current membership of the committee are listed

in Appendix 3 of this report.In 200506 the committee advised the minister on:

Indigenous involvement in the management of world heritage areas

Indigenous involvement in the management of threatened species andecological communities

the new EPBC Regulations relating to access to biological resources inCommonwealth areas

Indigenous part icipation in natural resource management

tradit ional hunting rights in relation to sustainable management of marineturtles and dugongs

Indigenous involvement in Commonwealth marine areas.

Australian Heritage Council

The Australian Heritage Council is established under section 4 of the Australian Heritage Council Act 2003 . The council is the principal adviser to the AustralianGovernment on heritage matters. It s functions include assessment of nominationsfor the National Heritage List and the Commonwealth Heritage List; advising the

minister on the protection of places in the national or Commonwealth heritagelists; and keeping the Register of the National Estate. The functions, terms ofreference and current membership of the committee are listed in Appendix 3 ofthis report.

In 200506 the council met 17 times. The meetings were held in Canberra,Melbourne, Perth and Sydney and via teleconference. A total of 76 assessments forthe National Heritage List were provided to the minister and 22 assessments forthe Commonwealth Heritage List. The council also considered several strategicissues related to its functions, including raising the pro le of the National HeritageList; possible improvements in the application of the national heritage assessmentcriteria; fully integrating heritage assessments to take account of historic, naturaland Indigenous heritage values; and the Productivity Commission report on theInquiry into Policy Framework and Incentives for the Conservation of AustraliasHistoric Built Heritage Places.


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2. Conserving biodiversity

2.1 Identifying and monitoring biodiversity and makingbioregional plans

Identifying and monitoring biodiversity (section 171)

The department provided Natural Heritage Trust funding for projects in theNorthern Territory and Torres Strait involving tradit ional owners in monitoringwork. Projects include:

Tiwi and Melville Islandstradit ional owners worked on satellite tracking oliveridley turtles, harvest monitoring and feral dog control at nesting beaches toincrease hatchling survival.

Torres Straittraditional owners worked on satellite tagging hawksbill andgreen turtles, monitoring reproductive status of green turtles and harvestmonitoring.

Inventories of listed threatened species etc. on Commonwealth land(section 172)

Under section 172 of the EPBC Act, inventor ies of listed threatened speciesand ecological communit ies, listed migrator y species and l isted marine specieson Commonwealth land were prepared. The inventories identify the presenceand abundance of species and continue to be updated to take account of newspecies information as it becomes available. The information is used to informdecisions under the EPBC Act and to update the Species Pro le and Threatsdatabase.

Surveys of cetaceans, listed threatened species etc. in Commonwealthmarine areas (section 173)

Section 173 of the EPBC Act requires surveys of cetaceans, listed threatenedspecies and ecological communities, listed migratory species and listed marinespecies in Commonwealth marine areas.

During 200506, the department provided Natural Heritage Trust funding for vecetacean projects. These projects were:

aerial southern right whale surveys off the southern coastline between CapeLeeuwin and Ceduna

aerial blue whale surveys in Geographe Bay, Western Australia; Perth Canyon,Western Australia; and the Bonney Upwelling region, VictoriaSouth Australia

aerial and land-based humpback whale surveys, Shark Bay, Western Australia.


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Bioregional planning (section 176)

Under the Australian Governments new approach to regional marineplanning, marine bioregional plans are being developed for waters withinthe Commonwealths jurisdiction under section 176 of the EPBC Act. Marinebioregional plans focus on meeting Australian Government conservation andheritage responsibilities within these waters. The plans will therefore be keydocuments to guide the minister, sectoral managers and industry about theconservation issues and priorit ies in each marine region.

The plans will draw on Australias growing marine science and socio-economicinformation base to provide a detailed picture of each marine region. Each planwill describe a regions key habitats and species; natural processes; human usesand bene ts; and threats to the long-term ecological sustainability of the region.The plans will detail the statutory obligations under the EPBC Act that apply in anyregion, and will describe the conservation measures in place, such as those relatingto recovery planning for threatened species.

The plans will also assist in developing the National Representative System ofMarine Protected Areas in Commonwealth waters around Australia. This waspreviously undertaken as a separate programme. A proposed network of marineprotected areas will be included in each draft marine bioregional plan.

The department continues to lead the new approach to regional marine planning.Four-year funding of the programme until 2010 will see planning undertaken inall ve of Australias marine regions, and include a national network of marineprotected areas in Commonwealth waters.

2.2 Protecting species and ecological communities

Listed threatened species and ecological communities

The Threatened Species Scienti c Committee continued to advise the ministeron amending and updating the lists of threatened species, threatened ecologicalcommunities and key threatening processes; and on making or adopting recoveryplans and threat abatement plans.

Process for listing species

There were 15 public nominations received under the EPBC Act for species during200506. The minister made decisions on advice from the commit tee in regard to13 species nominations, including nominations received in 200405, result ing innine amendments to the list of threatened species (see Table 9, Appendix 1 ofthis report).

The committee must provide advice to the minister within 12 months of receivinga nomination or seek a formal extension to this statutory timeframe. On all


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occasions the deadline was met or an extension sought and approved as requiredin the legislation. The minister made decisions on advice from the committee

within the 90-day statutory timeframe for 12 species. Due to the complexity of thekoala nomination and the need for extensive consultation, the statutory 90-daytimeframe was exceeded for this species.

Process for listing ecological communities

As at 30 June 2006 the committee was considering 33 nominations to list ecologicalcommunities, and working through the assessment of over 640 threatenedecological communities listed under relevant state and territory legislation.

To ensure that all ecological community listings are scienti cally sound, theassessment of nominations includes extensive research, public consultation andreceiving the views of relevant experts. Twelve technical workshops involvingexperts and Australian Government and state of cials were held to assist inidentifying the status of nominated ecological communities and to de necondition classes. Technical workshops were held for the following ecologicalcommunities: ribbon gummountain gumsnow gumblack sallee woodlandson basalt north of the Hunter Valley; New England peppermint ( Eucalyptus nova-anglica ) woodland on sediment on the northern tablelands; New Englandpeppermint woodland on basalt on the New South Wales northern tablelands;

mixed microphyll/notophyll rainforest; coolabah ( Eucalyptus coolabah )blackbox ( Eucalyptus largiorens ) woodlands of the nor thern New South Wales wheatbelt and Queensland brigalow belt bioregion; Brogo wet vine forest; dry rainforestof south-east New South Wales; Candelo dry grass forest of south-east New SouthWales; Bega dry grass forest of south-east New South Wales; Murray Valley grasslandof the Riverina bioregion; lowland temperate grasslands of Tasmania; and ArnhemPlateau sandstone heath.

The outcomes of the technical workshops are on the departments website forpublic comment along with the nominations and expert questions.

Nine new public nominations were received: for the white gum ( Eucalyptus viminalis ) wet forest; Eucalyptus ovata forest and woodland in Tasmania; sedge-rich Eucalyptus camphora swamp community; Arnhem Plateau sandstone heath;lowland temperate grasslands of Tasmania; forest red gum grassy woodland ofGippsland, Victoria; central Gippsland plain grassland of the south-east coastalplain; Murray Valley g

department of the environment and water resources annual report 2005 - 2006, part 2

Documents