Address: Main Office: John Gorton Building

(1) Explanation of selection process terms drawn from the Commonwealth Procurement Guidelines (December 2008):

Open Tender: a procurement procedure in which a request for tender is published inviting all businesses that satisfy the conditions for participation to submit tenders. Select Tender: a procurement procedure in which the procuring agency selects which potential suppliers are invited to submit tenders. Tenders are invited from a short list of competent suppliers.

Direct Sourcing: a form of restricted tendering, available only under certain defined circumstances, with a single potential supplier or suppliers being invited to bid because of their unique expertise and/or their special ability to supply the goods and/or services sought.

Panel: an arrangement under which a number of suppliers, usually selected through a single procurement process, may each supply property or services to an agency as specified in the panel arrangements. Tenders are sought from suppliers that have pre-qualified on the agency panels to supply to the government. This category includes standing offers and supplier panels where the consultant offers to supply goods and services for pre-determined length of time, usually at a pre-arranged price.

(2) Justification for use of a consultant:

A – skills currently unavailable within agency.

B – need for specialised or professional skills.

C – need for independent research or assessment.

Appendix 6—Advertising and market research expenditure

This section is presented in accordance with the requirements of section 311A of the Commonwealth Electoral Act 1918.

Table 1: Advertising and market research expenditure

Advertising
Agency	Purpose	Expenditure $ GST inclusive
AJF Partnership	Creative advertising agency for the Water for the Future campaign.	1 571 929
Total_____158_510'>Total____294_417'>Total____1_571_929'>Total		1 571 929
Market research
Agency	Purpose	Expenditure $ GST inclusive
Woolcott Research	Market research and concept testing of advertising for the Water for the Future campaign.	140 417
Colmar Brunton	Tracking and evaluation of the Water for the Future campaign.	154 000
Total		294 417
Public relations
Agency	Purpose	Expenditure $ GST inclusive
Sefton and Associates	The production of local stories highlighting the benefits of Water for the Future programs in the Murray-Darling Basin.	158 510
Total		158 510
Polling organisations – nil to report
Direct mail – nil to report
Media advertising
Agency	Purpose	Expenditure $ GST inclusive
Adcorp	Placement of non-campaign advertising in the media.	760 367
Universal McCann	Placement of campaign advertising in the media	2 550 946
Total		3 311 313

Appendix 7—Legislation administered by the department

Table 1: Legislation administered by the department with offence or penalty provisions, activities subject to regulation by the department, and the relevant international conventions and treaties under which the Australian Government has compliance and enforcement obligations.

Legislation	Typical commodities/activities	International obligation
Aboriginal and Torres Strait Islander Heritage Protection Act 1984	The preservation and protection from injury or desecration of areas and objects in Australia and in Australian waters, being areas and objects that are of particular significance to Aboriginal and Torres Strait Islander people in accordance with their tradition.	None.
Antarctic Marine Living Resources Act 1980 Antarctic Treaty (Environment Protection) Act 1980 Australian Antarctic Territory Act 1954 Heard Island and McDonald Islands Act 1953	Activities in Australia’s Antarctic Territories.	Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol). Convention on the Conservation of Antarctic Marine Living Resources.
Environment Protection and Biodiversity Conservation Act 1999	Activities in Commonwealth National Parks, Commonwealth Marine Reserves or affecting the environment on Commonwealth land or in Commonwealth waters.	The Convention on Biological Diversity. The Convention on the Conservation of Migratory Species of Wild Animals (1979) (Bonn Convention).
Environment Protection and Biodiversity Conservation Act 1999	Actions having a significant impact on listed protected species, ecological communities, marine species, migratory species, wetlands of international significance, World Heritage Areas, National or Commonwealth Heritage. Nuclear actions.	The Japan–Australia Migratory Bird Agreement (1974) (JAMBA). The China–Australia Migratory Bird Agreement (1986) (CAMBA). Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Convention on Wetlands of International Importance Especially as Waterfowl Habitat Ramsar (Ramsar Convention). Convention Concerning the Protection of the World Cultural and Natural Heritage (the World Heritage Convention). International Convention for the Regulation of Whaling.
Environment Protection (Sea Dumping) Act 1981	Disposal at sea.	1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Protocol).
Fuel Quality Standards Act 2000	Motor fuel contamination.	None.
Hazardous Waste (Regulation of Exports and Imports) Act 1989	The export or import of hazardous waste, including electronic waste.	Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention). Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (Waigani Convention).
Historic Shipwrecks Act 1976	Activities affecting historic shipwrecks including relics previously obtained from wrecks.	Agreement between the Netherlands and Australia concerning old Dutch shipwrecks.
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989	The importation, handling and disposal of ozone-depleting gases and equipment/appliances containing them.	Vienna Convention for the Protection of the Ozone Layer. Montreal Protocol on Substances that Deplete the Ozone Layer.
Product Stewardship Act 2011 NB: Enacted in June 2011 and received Royal Assent in July 2011.	Encouraging reuse, recycling, recovery, treatment or disposal of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and requiring purchasers to make product return payments in relation to products in that class.	None.
Sea Installations Act 1987	Structures in Commonwealth waters.	None.
Water Act 2007	Management of the water resources of the Murray-Darling Basin, and other matters of national interest on water and water information.	None.
Water Efficiency Labelling and Standards Act 2005	The sale and installation of water-using appliances and plumbing fittings.	None.

Table 2: Significant regulatory compliance and enforcement outcomes of 2010–11

Outcome	Legislation	Activity
Remediation Determination that requires a New South Wales landholder to manage a cleared area and facilitate natural regeneration of an ecological community. Management actions include excluding domestic stock from the area, controlling weeds and feral animals at the site, and conducting ongoing monitoring and reporting.	EPBC Act 1999, s. 18	Approximately 30 ha of the endangered ecological community Weeping Myall Woodland was cleared and disturbed on a private property. The clearing was halted before the ecological community was damaged beyond repair.
Enforceable Undertaking that requires a Queensland business to improve its business practices, implement a records management system, deliver a compliance training program to staff, undertake a range of product auditing and related reporting measures, and be subject to regular auditing, including costs.	Water Efficiency Labelling and Standards Act 2005, ss. 33–34	Supply of products not registered or labelled as required under the Water Efficiency and Labelling Scheme.
Enforceable Undertaking that requires a Victorian city council to pay more than $131 000 to rehabilitate the site, support research into the threatened ecological community, and review internal processes.	EPBC Act 1999, s. 18(5)	City council in Victoria approved the construction of a pipeline which resulted in the removal and disturbance of approximately 0.8 ha of Natural Temperate Grasslands of the Volcanic Plain. The grasslands are a critically endangered ecological community.
Remediation Determination that requires a Victorian company to provide a suitable offset property and fund relevant research. Total value is about $180 000.	EPBC Act 1999, Part 3	Works by company resulted in illegal clearing of critically endangered Spiny rice-flower and damage to critically endangered Natural Temperate Grasslands of the Victorian Volcanic Plain.
Oil and gas company pleaded guilty to commencing action before approval and was convicted and fined $102 750.	EPBC Act 1999, s. 74AA	The company referred an oil drilling project for approval under the EPBC Act. While awaiting approval the company began drilling in the proposed area off Western Australia.
Injunction sought and granted against a landholder near Bacchus Marsh, Victoria, to restrain him from further clearing of an ecological community protected under the EPBC Act.	EPBC 1999, ss. 18(6) and 475		Earthworks were likely to have a significant impact on the Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia, an ecological community listed as threatened under the EPBC Act.
Infringement Notices totalling $19 800 were served on a Queensland gas company for breaching conditions attached to an approval.	EPBC 1999, s. 142B		Plant and machinery cleared up to 6 km of vegetation contrary to conditions of the approval that required management plans to be finalised and approved before commencement.
Individual convicted of Dishonest Retention of Commonwealth Property and fined $3 000.	Commonwealth Criminal Code, s. 132.8(2) ‘dishonest taking or retention of property’ in relation to items protected by the Historic Shipwrecks Act 1976		An individual had in his possession 1 440 shipwreck relics from the ‘Zuytdorp’ shipwreck. The Dutch East India Company’s ship ‘Zuytdorp’ is a wreck protected under the Historic Shipwrecks Act.
Injunction to prevent petrol station supplying diesel fuel with a flash point of less than 61.5° C.	Fuel Quality Standards Act 2000, ss. 12 and 12AA		The company had engaged in or was about to engage in conduct that would be an offence under s. 12 of the Fuel Quality Standards Act (supply of off-specification diesel fuel).
Across six separate cases, an imprisonment sentence of two years, good-behaviour bonds totalling 22 months and fines, court costs and other penalties totalling $7 620.50.	Part 13A of the EPBC Act 1999, s. 303		Six prosecutions involving illegal movement of wildlife (and wildlife products) in to and out of Australia including cases undertaken consistent with Australia’s obligations as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Further information about enforcement activities is provided in the Outcome chapters.

Appendix 8—Freedom of information

The Freedom of Information Act 1982 (FOI Act) gives the Australian community the right to access information held by the Australian Government. The only limits are exemptions needed to protect essential public interests and privacy.

Amendment of the Freedom of Information Act 1982 and the Information Publication Scheme

The FOI Act was recently amended, the primary object being to enhance openness in government and to promote a pro-disclosure culture. The reforms were intended to:

• 
  create a cultural change, making access to information the norm (in the absence of a compelling public interest against disclosure)
  
• 
  place increased emphasis on the proactive publication of information
  
• 
  drive an improvement in FOI administration
  
• 
  promote a more strategic approach to information management
  
• 
  improve the interface between privacy and freedom of information.
  

The amended freedom of information framework applies to all requests for access to records received from 1 November 2010 and, in addition to the changes noted above, introduced an Information Publication Scheme (the IPS). The FOI Act now requires (with some exceptions) that agencies publish information which is released in response to access requests.

Requirements for a section 8 statement

Before the commencement of the IPS on 1 May 2011, section 8(1) of the FOI Act required each minister responsible for an agency to publish a statement setting out details of the agency’s organisation, functions and powers, public consultation arrangements, categories of documents held and arrangements for public access to agency documents in the agency’s possession.

Section 8(1)(b) required the minister to publish an annual update of the agency statement and section 8(3) required both the first statement and the annual updates to be published in the agency’s annual report. In line with the Guidelines issued by the Australian Information Commissioner under s93A of the Freedom of Information Act 1982 and the Annual Reporting Requirements released by the Department of the Prime Minister and Cabinet, the department has elected to include an update on the section 8 statement published in the 2009–10 annual report covering the period 1 July 2010 to 30 April 2011 inclusive.

From 1 May 2011 all agencies subject to the FOI Act are required to publish similar information to the public as part of the IPS. This requirement is in Part II of the FOI Act and has replaced the former requirement to publish a section 8 statement in an annual report. An agency plan showing what information is published in accordance with the IPS requirements is accessible from agency websites.

Information which would previously have been found in the department’s section 8 statement can now be found on the department’s website.

In line with its statutory obligations the department has published the following information:

• 
  an agency plan which describes how the department proposes to comply with IPS requirements
  
• 
  details of the department’s structure
  
• 
  details of the department’s functions, including its decision-making powers and other powers affecting members of the public
  
• 
  details of appointments of officers
  
• 
  the department’s annual reports
  
• 
  details of arrangements for members of the public to comment on specific policy proposals for which the department is responsible
  
• 
  information in documents to which the department routinely gives access in response to requests made under Part III of the FOI Act
  
• 
  information that the department routinely provides to the parliament in response to requests and orders from the parliament
  
• 
  details of an officer who can be contacted about access to the department’s information or documents under the FOI Act
  
• 
  the department’s operational information.
  

Update on section 8 statement

This section is presented in accordance with the requirements of section 8 of the FOI Act as required before 1 May 2011. All references to particular sections of the FOI Act in this part are references to the Act as it applied before 1 May 2011.

Applications received

Departmental records indicate that 88 applications under the FOI Act were received between 1 July 2010 and 30 April 2011 inclusive.

Of the applications received, one was transferred to another agency, 23 resulted in a full disclosure of information, 22 resulted in a partial disclosure of information, 16 were the subject of a refusal decision, 14 were withdrawn and 12 were ongoing at 30 April 2011. There was also one request for internal review.

Information about categories of documents

Under section 8 of the FOI Act the department has to report details of certain categories of documents it maintains. The department holds a large range of documents in the following categories:

General policy: administrative files, consultants’ reports, memorandums of understanding, agreements, permits, licences, submissions, guidelines for programs, grant documents, financial records, staffing records, instructions of the secretary, legal documents and tender evaluations.

Specific: Australian Antarctic Division records, committee records, and court documents and records.

Parliamentary: briefing documents, Cabinet documents, ministerial submissions, policy advice, ministerial correspondence, explanatory memorandums to Acts, Ordinances and Regulations.

Manuals: in accordance with section 9 of the FOI Act, the department maintains a list of unpublished manuals and other documents used by departmental staff, as a guide to procedures and practices to be followed when dealing with the public. The list is available on request from the Freedom of Information Coordinator, any office of the National Archives of Australia (NAA) or the NAA website.

Some documents may have been transferred into archival custody or destroyed in accordance with the Archives Act 1983.

Arrangements for outside participation

Under section 8 of the FOI Act, the department has to report details of arrangements whereby members of the public can participate in certain kinds of decision-making.

The department consults members of the public and bodies outside the Australian Government’s administration when developing policy and programs, and in administering legislation and schemes. In addition to general public consultation, which may be a requirement of particular legislation, the department and the relevant minister receive advice from various scientific and expert committees and other bodies. A list is available on the department’s website.

Generally, people can participate by making oral or written representations to the minister or the department, or by putting submissions to the various working groups chaired by the department.

Formal arrangements for public consultation and examination may also arise under legislation administered by the department under the Administrative Arrangement Orders.

Formal arrangements under the Environment Protection (Sea Dumping) Act 1981, Sea Installations Act 1987, Environment Protection and Biodiversity Conservation Act 1999 and the environmental impact assessment provisions of the Antarctic Treaty (Environment Protection) Act 1980 provide for proposals to be examined publicly and for comments to be received.

For the purposes of the Water Efficiency Labelling and Standards Act 2005 the department established an advisory group to provide stakeholder advice on the Water Efficiency Labelling and Standards Scheme.

The department has also received public submissions in response to an issues paper released by the minister, entitled A sustainable population strategy for Australia.

Procedures for gaining access to information

Freedom of information matters within the department are handled by the Legal section in the Policy and Communications Division. Contact details for the Freedom of Information Coordinator are:

Phone: [phone]
Fax: [phone]
Email: [e-mail]

Written requests for access to documents should be addressed to:

Freedom of Information Contact Officer
Legal Section
Policy and Communications Division
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787
Canberra ACT 2601