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- Figure 2: Approved funds by Caring for our Country national priority area at 30 June 2010, including forward year project commitments in 2009–10.
- Operation of the Environment Protection and Biodiversity Conservation Act 1999
- Contents Overview 1 Protecting the environment 111 1.1 Protecting matters of national environmental significance 111
- 1.2 Wildlife trade and management 121
- 2.2 Environmental impact assessment 131
- 3 EPBC Act review and law changes 141
- Protecting the environment 1.1 Protecting matters of national environmental significance
- World and National Heritage
- Case study 1: Successful nomination of the Ningaloo Coast for World Heritage listing
- Wetlands of international importance
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In 2009–10 the Natural Heritage Ministerial Board approved a number of multi-year projects. As a result, grantees can plan for and secure the resources they need to achieve agreed project outcomes. At 30 June 2010, the Natural Heritage Ministerial Board had approved projects to a total of $899.3 million, including forward year project commitments in 2009–10. Figure 2 shows the distribution of approved funds by Caring for our Country national priority area, including forward commitments made to 30 June 2013. The audited financial statements for the Natural Heritage Trust are presented in the Financial Statements section of this annual report. Figure 2: Approved funds by Caring for our Country national priority area at 30 June 2010, including forward year project commitments in 2009–10. Note: Regional base-level funding attributed against other National Priority Areas in 2008–09. Reduction in budget from 2009–10 due to transfer of budget for regional base-level funding to the Department of Treasury. Operation of the Environment Protection and Biodiversity Conservation Act 1999 This annual report is prepared in accordance with section 516 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It reports on the operation of the EPBC Act from 1 July 2010 to 30 June 2011 against its main objectives to:
The report also gives an overview of review activities related to the operation of the EPBC Act and changes proposed to the legislative framework in 2010–11 (section 3). The EPBC Act requires the annual report to include statistics on the operation of the EPBC Act, particularly compliance with statutory timeframes. This information, the function and membership of advisory committees, and a list of EPBC Act publications produced in 2010–11 are in the Appendices. Activities carried out as part of the operation of the EPBC Act are integral to achieving the department’s contribution to portfolio outcomes on biodiversity and ecosystems. Consequently, some of these activities are also reported elsewhere in the department’s annual report. Contents Overview 1 Protecting the environment 111 1.1 Protecting matters of national environmental significance 111 World and National Heritage 112 Wetlands of international importance 114 Threatened species, ecological communities and migratory species 115 1.2 Wildlife trade and management 121 Live imports 121 Sustainable wildlife industries 122 Wildlife trade permits 124 Permit compliance 124 Fisheries assessments and approvals 124 1.3 Protected areas 125 Commonwealth reserves 125 2 Promoting ecologically sustainable development 128 2.1 Strategic approaches 128 Strategic assessments 128 Marine Bioregional Planning 130 Bilateral agreements 130 2.2 Environmental impact assessment 131 Referrals 132 Assessments and approvals 133
Working with others 136 Compliance audit plan 137 Breaches and investigations 138 Legal actions 139
EPBC Act review 141 Legislation amendments 142
Appendix A—Statistics 143 Appendix B—Committees 155 Appendix C—Publications 156 Appendix D—Key threatening processes and threat abatement plans 158
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the Australian Government’s central piece of environmental legislation. It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places—defined in the EPBC Act as matters of national environmental significance. The eight matters of national environmental significance to which the EPBC Act applies are:
In addition, the EPBC Act confers jurisdiction over actions that have a significant impact on the environment where the actions affect, or are taken on, Commonwealth land, or are carried out by a Commonwealth agency (even if that significant impact is not on one of the eight matters of national environmental significance). The EPBC Act’s provisions enable the Australian Government to cooperate with the states and territories in integrating processes associated with impact assessment and approval, heritage protection and biodiversity conservation. The protection and management of Australia’s World Heritage sites is one of the eight matters of national environmental significance under the EPBC Act. A key development in the protection of these sites during 2010–11 was the inscription of the Ningaloo Coast in the World Heritage List, which recognises the outstanding universal values of the coast’s diverse and abundant marine life and cave fauna. Koongarra, an area in the Kakadu National Park, was also added to the World Heritage List. There are now 19 Australian properties inscribed in the World Heritage List and protected under the EPBC Act and its management requirements. The EPBC Act protects Australia’s native species and ecological communities, and an important part of the EPBC’s protective framework is identifying and listing of threatened species, ecological communities, and key threatening processes. The Threatened Species Scientific Committee advises the minister on nominations for these listings. In 2010–11, the minister made listing decisions for 47 species and two ecological communities. These decisions included adding new listings for 28 species and two ecological communities. Thirteen species were de-listed, three others down-listed to a lower category of threat, and one up-listed to a higher category of threat. At 30 June 2011, 1 785 species, 50 ecological communities, and 19 key threatening processes were listed under the EPBC Act. The EPBC Act enhances how Australia’s Ramsar wetlands are managed and protected, has established a process for identifying Ramsar wetlands, and encourages best practice management through nationally consistent management principles. At 30 June 2011 Australia had 64 Ramsar wetlands that cover around 8.1 million hectares. No Ramsar sites were added in 2010–11. In 2010 Kakadu National Park was merged and extended from two separate Ramsar sites into a single Ramsar site that encompasses the entire National Park. This changed the number of Ramsar sites in Australia from 65 to 64 and increased the Ramsar estate by approximately 600 000 hectares. The department continued to assess large, complex and economically significant projects from all industry sectors under the EPBC Act. The department received 428 new referrals in 2010–11 and 150 referrals were determined to be controlled actions requiring further assessment and approval under the EPBC Act. A total of 146 referrals were deemed not to be controlled actions, and 104 referrals were determined not to be controlled actions subject to their being undertaken in a particular manner. Thirty-eight per cent of proposals referred under the EPBC Act in 2010–11 were determined to require environmental impact assessment, compared with 36 per cent in 2009–10. In 2010–11, 103 proposals were approved under the EPBC Act, a substantial increase on the 66 proposals approved in 2009–10. This increase was largely driven by approvals for mining projects in Queensland, New South Wales and Western Australia, and residential developments in New South Wales and Victoria. Assessing three large coal seam gas/liquefied natural gas (CSG/LNG) projects required a major departmental effort in late 2010 and early 2011. Considering the cumulative impacts of these projects, especially on groundwater resources, was crucial in the assessment, and independent technical advice on groundwater issues from Geoscience Australia formed a critical element of the department’s advice to the minister. The minister approved the three CSG/LNG projects, with stringent conditions, in October 2010 and February 2011. The department’s experience in the assessment of these projects has strengthened its capacity to deal effectively with future CSG/LNG developments. The department places a high priority on providing an efficient, timely and effective assessment and approval process under the EPBC Act. In 2010–11, 90 per cent of all statutory decisions under the EPBC Act were made within the statutory timeframes, –compared with 94 per cent in 2009–10 and 93 per cent in 2008–09. In addition to the assessment framework the EPBC Act provides for individual projects, the EPBC Act allows for strategic assessments that consider matters of national environmental significance at a strategic landscape scale. Strategic assessment allows for individual future developments to proceed without further assessment if they are consistent with an approved strategic assessment. Strategic assessments enable Commonwealth and state processes to be streamlined, at the same time achieving ecological sustainability by considering environmental assets at the landscape level. Environmental issues can be dealt with in a more comprehensive way, allowing for cumulative impacts to be considered early in the planning process. This removes the need for multiple time consuming and expensive assessments by each individual developer and provides certainty for all involved. In April 2011 the minister endorsed the Midlands Water Scheme, a major new irrigation project in Tasmania under the Water for the Future initiative. The scheme was the second strategic assessment to be endorsed under the EPBC Act. This assessment helped ensure that the scheme is ecologically sustainable and consistent with the EPBC Act. Further information on the Midlands Water Scheme is in case study 3. A further five strategic assessments involving state or territory governments are underway. In the May 2011 Budget the government allocated over $29 million between 2011–12 and 2014–15 to the Regional Sustainability Project. This initiative will develop the capacity of selected regions to protect matters of national environmental significance, consistent with the EPBC Act and the Sustainable Australia – Sustainable Communities population strategy. The regional sustainability planning methods developed in the selected regions will provide models for broader application across Australia that are consistent with the strategic assessment approach, and represent a significant integration of the department’s environmental and sustainable population responsibilities. As part of the marine bioregional planning process, new networks of Commonwealth marine reserves (also called marine protected areas or marine parks) are being identified. These reserves will help meet Australia’s international and national commitments to establish a National Representative System of Marine Protected Areas by 2012. The draft South-west marine bioregional plan and a Commonwealth marine reserve network proposal were released for public consultation in May 2011. The draft Marine Bioregional Plans and marine reserve network proposals for the North-west, North and East marine regions will be publicly released in 2011–12. A separate process to formally establish the marine reserve networks under the EPBC Act will be undertaken once proposals are finalised. The department considers all allegations of non-compliance under the EPBC Act and the number of reported incidents in 2010–11 was consistent with previous years. The EPBC Act has put in place a range of enforcement mechanisms for managing suspected or identified instances of non-compliance and for reviewing the compliance of referred projects. These mechanisms include environmental audits, civil or criminal penalties for contraventions of the EPBC Act, and remediation orders and determinations to repair or mitigate environmental damage. Examples of the department’s use of enforcement mechanisms can be found under the ‘Breaches and investigations’ section of this report. To further encourage compliance, the department engages in cooperative partnerships to build public awareness of the EPBC Act. For example, during 2010–11 the department undertook a series of presentations directed at local councils, state agencies and non-government organisations throughout Australia. Training on awareness and use of EPBC Act compliance and enforcement powers was provided to a number of co-regulator and partner agencies. The department also provides information to the general public to raise understanding of the EPBC Act and its operations, and policies and guidelines to provide guidance for stakeholders in determining whether a proposed action is likely to have a significant impact on a species or ecological community listed under the EPBC Act. Publications produced in 2010–11 are listed in Appendix C of this report. As noted in last year’s report, a comprehensive and independent review of the first 10 years of the operation of the EPBC Act was completed in 2009, as required under section 522A of the EPBC Act. The review was undertaken by Dr Allan Hawke AC, supported by a panel of experts, with the department providing secretariat support. The final report of the review was provided to the minister in October 2009, and was publicly released in December 2009. The report is available on the department’s website. The government formally responded to the review after the end of the reporting year and the response is also available on the department’s website. Further information on the EPBC Act review is in Section 3. Protecting the environment 1.1 Protecting matters of national environmental significance This section reports on the operation of the EPBC Act in protecting matters of national environmental significance and the work of statutory committees that advise on EPBC Act matters. Two statutory committees currently operate under the EPBC Act—the Threatened Species Scientific Committee (TSSC) and the Indigenous Advisory Committee (IAC). The work of the TSSC is reported under relevant sections of this report. The IAC in particular has a broad role advising the minister on the wider operation of the EPBC Act, taking into account Indigenous peoples’ knowledge of land management and the conservation and sustainable use of biodiversity. The IAC held two meetings, one in the Torres Strait in October 2010 and another in Canberra in April 2011. The IAC is committed to improving EPBC Act processes to support the involvement of Indigenous peoples, and is working with the TSSC and the Australian Heritage Council to develop protocols to guide the way these committees engage with Indigenous communities. The IAC is also advising the department and the minister on the Caring for our Country program review. The IAC’s experience in natural resource management, views on the right settings to support the involvement of Indigenous peoples, and lessons learned from previous activities help inform future directions for the initiative. The review continues into the 2011–12 financial year. World and National Heritage The Australian Government provides protection under the EPBC Act for World Heritage sites and National Heritage places. The EPBC Act contains provisions for listing and protecting Commonwealth owned or controlled heritage places. Under the EPBC Act the minister’s approval must be obtained before any action takes place that may have a significant impact on the heritage values of a listed place. The Australian Heritage Council was established under the Australian Heritage Council Act 2003 as the government’s principal advisory body on heritage matters. It has responsibility under the EPBC Act for assessing heritage values for places nominated for possible inclusion on the National and Commonwealth Heritage lists and advising the minister. Listing World Heritage properties On 24 June 2011, United Nations Educational, Scientific and Cultural Organisation inscribed the Ningaloo Coast, Western Australia in the World Heritage List. Koongarra, an area in the Kakadu National Park, was also added to the World Heritage List. Eleven Convict Sites located across Australia were also inscribed in the World Heritage List in July 2010. Australia now has 19 places in the World Heritage List protected under the EPBC Act with associated management requirements. Some properties have multiple sites. Under the EPBC Act the government must make a written plan for managing a property lying entirely within one or more Commonwealth areas. Where a property is in a state or self-governing territory, the Commonwealth must use its best endeavours to ensure a plan is prepared and implemented cooperatively with the relevant state or territory. The plan must be consistent with Australia’s obligations under the World Heritage Convention and the Australian World Heritage management principles for managing a World Heritage property. All Australian properties in the World Heritage List have management plans. In 2010 a revised Conservation Management Plan and a World Heritage Environs Area Strategy Plan were finalised for the World Heritage Listed Royal Exhibition Building and Carlton Gardens.
The Ningaloo Coast is a stunning part of Australia, incorporating one of the world’s largest near shore coral reefs and a rugged limestone peninsula. The annual coral spawning at Ningaloo Reef attracts more of the world’s largest fish—the whale shark—than anywhere else in the world. It is for these reasons the Australian Government committed to nominating the Ningaloo Coast for World Heritage listing. After fully assessing the potential World Heritage values of the property and thoroughly consulting stakeholders, the Commonwealth, with the support and cooperation of the Western Australian Government, submitted the Ningaloo Coast World Heritage nomination to the World Heritage Centre in January 2010. The International Union for Conservation of Nature and the World Heritage Committee then assessed the merits of the nomination during the following 18 months. On 24 June 2011 the World Heritage Committee inscribed the Ningaloo Coast in the World Heritage List, recognising the property’s outstanding universal value. The inscribed world heritage values of the property include species biodiversity, the intact nature of the reef, the beautiful and stark contrast between arid coastline and colourful underwater scenery, and the seasonal aggregations of the whale shark. The world heritage values of the Ningaloo Coast are now protected as a matter of national environmental significance under the EPBC Act. The Australian Government will continue to work cooperatively with the Western Australian Government and local stakeholders to protect the outstanding universal values of the Ningaloo Coast. Nomination of the Ningaloo Coast for World Heritage listing. (Tony Howard) Listing and managing National Heritage places In 2010–11 the minister added seven places to the National Heritage List, bringing the total number to 95 places on the list. Six were added through the standard listing provisions of the EPBC Act:
The minister added the Jordan River levee site (Tasmania) to the National Heritage List under the emergency listing provisions of the EPBC Act. The Tarkine was added to the National Heritage List under the emergency provisions of the EPBC Act in 2009. The emergency listing lapsed in December 2010. The EPBC Act provides for the preparation of a management plan for each place in the National and Commonwealth Heritage Lists. In 2010–11 the department commented on three management plans for National Heritage List places. Listing and managing Commonwealth Heritage places In 2010–11 two places were added to the Commonwealth Heritage List: Llandilo International Transmitting Station, and HMAS Sydney II and HSK Kormoran Shipwreck Sites. The Bushmead Rifle Range Commonwealth Area, in Western Australia became ineligible and was removed from the Commonwealth list after it was sold. At 30 June 2011 there were 338 places on the Commonwealth Heritage List. The EPBC Act requires Australian Government agencies that own or lease places with listed or potential Commonwealth Heritage values, to prepare written heritage strategies to protect, conserve and manage those values. In 2010–11 three agencies completed heritage strategies. Sixteen strategies are now finalised, 14 are in preparation and a further 15 agencies are liaising with the department on strategy preparation. The EPBC Act also requires each Commonwealth agency to undertake an assessment process to identify the places it owns or controls that might have Commonwealth Heritage values. In September 2010 the Australian Heritage Council published a document on the department’s website titled ‘Identifying Commonwealth Heritage Values and Establishing a Heritage Register’. This set out the steps needed to fulfil statutory requirements. Australia Post and AirServices Australia used the tool to assess and submit nominations for their Australia-wide heritage assets. Other Commonwealth agencies have been encouraged to assess and submit nominations for their Australia-wide heritage assets.
The EPBC Act enhances the management and protection of Australia’s Ramsar wetlands. The EPBC Act also establishes a process for identifying Ramsar wetlands and encourages best practice management through nationally consistent management principles. A ‘declared Ramsar wetland’ is an area that has been designated under Article 2 of the Ramsar Convention, or one that has been declared by the minister to be a declared Ramsar wetland under the EPBC Act. The Ramsar Convention encourages the designation of sites containing representative, rare or unique wetlands, or wetlands that are important for conserving biological diversity. In designating a wetland as a Ramsar site, countries agree to manage the area to ensure that its ecological character is maintained. At 30 June 2011 Australia had 64 Ramsar wetlands that cover around 8.1 million hectares. No Ramsar sites were added in 2010–11. However, in 2010 Kakadu National Park was merged and extended from two separate Ramsar sites into a single Ramsar site that encompasses the entire National Park. This changed the number of Ramsar sites in Australia from 65 to 64 and increased the Ramsar estate by approximately 600 000 hectares. The department provided funding to update ecological character descriptions at three Ramsar sites. Fifteen ecological character descriptions funded by the Australian Government in previous years were completed during 2010–11, or were in the last stages of completion. Ecological character descriptions will help implement the EPBC Act by:
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