Wildlife trade permits
Under Part 13A of the EPBC Act it is an offence to import/export CITES specimens, export regulated native specimens and import regulated live specimens, unless a permit has been issued or the import/export is covered by an exemption under the EPBC Act.
In 2010–11 the department issued 1 369 permits for the import/export of regulated specimens in the above categories. 1 048 permits were issued for CITES specimens, 288 permits for the export of regulated native specimens and 33 permits for the import of live specimens. The number of personal accompanied baggage permits issued was 15 324.
The department issued 125 non-commercial wildlife trade permits to scientists for a range of research purposes, which included importing blue whale DNA from the United States and exporting echidna tissue samples to Canada.
Permit compliance
Mandatory conditions are attached to permits issued by the department authorising international wildlife trade under the EPBC Act. These conditions protect the environment and ensure that international wildlife trade is conducted in accordance with legal requirements and at a level that is not detrimental to the survival of species in the wild.
During 2010–11 four reviews of wildlife permit holder compliance were conducted. Of these reviews, two were completed and two are being finalised.
Fisheries assessment and approvals
Under the EPBC Act the department assesses the environmental performance of management arrangements for fisheries, to ensure that fisheries are managed in an ecologically sustainable way and to identify areas for improvement. All Commonwealth-managed fisheries and all state and territory fisheries with an export component must undergo assessment.
A total of 109 fisheries have been declared as either exempt from the export provisions of the EPBC Act for five years, or as approved wildlife trade operations for periods of up to three years.
Of 22 fisheries comprehensively assessed in 2010–11 seven were Commonwealth-managed and 15 state-managed. All were assessed within statutory timeframes. Twelve fisheries were approved as wildlife trade operations and 10 were exempted from the export provisions of the EPBC Act.
As a result of this assessment process, conditions and recommendations were agreed between the department and the management agencies for these fisheries. The agencies are required to demonstrate improved environmental performance, and to actively enhance the ecologically sustainable management of fisheries in the short to medium term. The outcomes are published in detailed reports on the department’s website.
The department anticipates assessing approximately 40 fisheries under the EPBC Act in 2011–12.
1.3 Protected areas
The EPBC Act provides for the establishment and protection of Commonwealth reserves, including marine and terrestrial areas, through the issuing of permits for a range of activities and the development of bioregional plans.
Commonwealth reserves
Commonwealth national parks
The Australian Government manages an estate of marine and terrestrial protected areas that are Commonwealth Reserves under the EPBC Act. The Director of National Parks manages terrestrial reserves, while marine reserves are managed by the department under a delegation from the Director of National Parks. The Director of National Parks prepares a separate annual report on the management of these reserves.
Commonwealth terrestrial reserves
Management plans provide for the protection and conservation of Commonwealth terrestrial reserves and they must state how the reserves are to be managed. At 30 June 2011 the Director was responsible for managing seven Commonwealth terrestrial reserves. Management plans are currently in place for Kakadu and Uluru-Kata Tjuta National Parks, and the Norfolk Island National Park and Botanic Gardens. Management Plans are being prepared for Booderee, Christmas Island and Pulu Keeling National Parks, and the Australian National Botanic Gardens.
Permits in Commonwealth terrestrial reserves were issued for a range of activities including scientific research. Studies undertaken included:
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research into the taxonomic and genetic distinctiveness of colonies of Norfolk and Lord Howe providence petrels for possible re-introduction to the Norfolk Island National Park
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sonar surveys of the seabed of Jervis Bay to acquire high resolution bathymetric data for the marine waters of Booderee National Park
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improving understanding of sex determination in reptiles at the Australian National Botanic Gardens, in relation to their vulnerability to global warming.
Access to biological resources and benefit-sharing
Part 8A of the Regulations to the EPBC Act controls access to biological resources in Commonwealth areas for the purposes of research and development based on their genetic and biochemical properties.
In 2010–11 the department issued 65 permits for access to biological resources in Commonwealth areas. The permits covered a range of research topics including:
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a genetic study of deep sea marine organisms from Bonaparte Gulf for screening of bioactive compounds for future cancer research
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molecular analysis of soil samples from Kakadu National Park to assess the occurrence of the melioidosis causing bacteria (Whitmore’s disease) in soil in northern Australia
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the genetic analysis of blood and feather samples from seabird species on Christmas Island for an ecological study of the seabird community.
The Part 8A Regulations also require the development of benefit-sharing arrangements where commercial or potentially commercial research is undertaken on biological resources from Commonwealth areas. No additional benefit-sharing agreements have been finalised this year.
Commonwealth marine reserves management
In 2010–11 the department continued to implement a management program for the Commonwealth Marine Reserves Network in the South-east Marine Region. Management activities included engaging stakeholders (including liaising with the Commonwealth Fisheries Association), forming partnerships with state and Commonwealth agencies (including making arrangements for compliance and species monitoring) and community education.
It is anticipated that a draft South-east Network Management Plan will be released for public consultation in late 2011.
The Great Australian Bight Marine Park (Commonwealth waters) continued to be managed under a management plan in force under the EPBC Act until 2012.
Ashmore Reef National Nature Reserve, Cartier Island Marine Reserve, Ningaloo Marine Park (Commonwealth waters) and Mermaid Reef National Nature Reserve continued to be managed under interim arrangements after relevant management plans expired.
Elizabeth and Middleton Reefs Marine National Nature Reserve continued to be managed under a management plan in force under the EPBC Act.
Coringa-Herald National Nature Reserve, Lihou Reef National Nature Reserve, Solitary Islands Marine Reserve (Commonwealth waters), Lord Howe Island Marine Park (Commonwealth waters), and the Cod Grounds Commonwealth Marine Reserve continued to be managed under interim arrangements.
General approvals issued under section 359B of the EPBC Act in 2010–11 included:
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a non-commercial fishing general approval for Ashmore Reef National Nature Reserve
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a non-commercial fishing general approval for Lord Howe Island Marine Park (Commonwealth waters)
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two non-commercial fishing general approvals for Ningaloo Marine Park (Commonwealth waters).
One determination was issued under Regulation 12.56 of the EPBC Act prohibiting access to Cod Grounds Commonwealth Marine Reserve by vessels carrying persons with deployed fishing gear. This replaced an existing determination under the Regulations and did not introduce new arrangements.
In 2010–11, 650 authorisations (permits or approvals) were issued or were administered for commercial activities in marine reserves in the Commonwealth marine estate, including commercial fishing, commercial tourism activities and media operations.
In addition, 29 authorisations (permits or approvals) for scientific research activities were issued, including:
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marine surveys at Elizabeth and Middleton Reefs Marine National Nature Reserve and benthic mapping in the Coral Sea Conservation Zone
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several foreshore, bird and coral surveys undertaken to assess effects of the Montara Oil Spill
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plankton distribution research in the Coral Sea Conservation Zone.
The Australian Antarctic Division is currently reviewing the Heard Island and McDonald Islands Marine Reserve Management Plan which is expected to be finalised in 2012.
Antarctic Treaty Environment Protection
The EPBC Act exempts certain actions from requiring permits if a permit for that action has been issued under the Antarctic Treaty (Environment Protection) Act 1980 (ATEP Act). The EPBC Act states that where an action is taken in accordance with a permit issued under the ATEP Act, and the permit is in force, certain actions involving listed threatened species and ecological communities, migratory species and listed marine species, are not offences. The Australian Antarctic Division issued four permits under the ATEP Act in 2010–11.
The Australian Antarctic Division manages access to biological resources through its system of permit approvals, in an approved arrangement declared on 9 January 2007 under Part 8A of the Regulations to the EPBC Act.
2. Promoting ecologically sustainable development
The EPBC Act promotes ecologically sustainable development using approaches such as strategic assessments and bilateral agreements. This section of the report describes the work in these areas—which substantially benefits EPBC Act administration by increasing intergovernmental cooperation and reducing duplication of environmental assessment processes. It also reports on project-specific environmental impact assessments.
2.1 Strategic approaches
Strategic assessments
Under section 146 of the EPBC Act, the minister may agree to assess the impacts of actions under a policy, plan or program. This includes but is not limited to:
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regional-scale development plans and policies
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large-scale industrial development and associated infrastructure
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fire
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vegetation/resource or pest management policies, plans or programs
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water extraction/use policies
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infrastructure plans and policies
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industry sector policies.
The Commonwealth has now entered into agreements with the responsible state government agencies to conduct strategic assessments of the Western Sydney Growth Centres in New South Wales, a Fire Management Policy in South Australia, the Midlands Water Scheme in Tasmania, the Mount Peter Master Planned Area in Queensland, the Liquefied Natural Gas Precinct Plan in Western Australia and urban development of the Molonglo region in the Australian Capital Territory.
The minister endorsed the Tasmanian Government’s program for the Midlands Water Scheme on 11 April 2011, after completion of the strategic assessment under the EPBC Act. The scheme has the potential to deliver 47 500 megalitres of water per year to about 16 000 hectares of farmland around Campbell Town and Ross in the Midlands region of Tasmania.
This is only the second strategic assessment to be endorsed under the EPBC Act, following Melbourne’s urban growth program, and the first to consider agricultural development.
Case study 3: Australia’s second strategic assessment under the EPBC Act
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