Department of Sustainability, Environment, Water, Population and Communities Annual Report 2011–12

Strategies

Program 5.1: Environment protection and heritage conservation

International heritage

The AFIT is an Australian Government contribution to a trust fund held by UNESCO and supports a suite of World Heritage activities in the Asia and Pacific region. Examples of Australia’s assistance under the AFIT include: supporting four Pacific Islands World Heritage Workshops; supporting Pacific Islanders to attend heritage training and World Heritage Committee meetings; and providing support to implement projects identified under the Pacific World Heritage Action Plan. The Pacific Heritage Hub is a priority regional action outlined in the Pacific World Heritage Action Plan 2015, adopted by the World Heritage Committee in 2009.

The Pacific Heritage Hub aims to strengthen heritage in Pacific Island countries, increase communication networks, coordinate training opportunities and bring together donors and projects in the region.

Under the PPSLP, training activities have been delivered to build capacity towards implementing World Heritage Convention obligations for Pacific Island countries. Opportunities have been sought to provide training in heritage tourism and community governance, including facilitating the participation of Pacific Island countries at the Pacific Asia Indigenous Tourism Conference in Darwin during March 2012. Partnerships have been developed with non-government organisations and government counterparts to deliver activities.

Kokoda Initiative

• 
  maintain a safe and well-managed Kokoda Track
  
• 
  enhance the quality of life for landowners and communities
  
• 
  work towards the conservation of the catchment protection area
  
• 
  build the tourism potential of the region
  
• 
  work with all stakeholders to ensure the activities of the Kokoda Initiative are sustainable.
  

To support improved land-use planning in the region, the department continued to support Papua New Guinea’s Department of Environment and Conservation (DEC) to develop mapping systems and databases. Support to DEC includes the deployment of an adviser within the agency and short-term placements of DEC staff in Australia to build capacity.

The department continues to work with the Kokoda Development Program to improve basic service delivery in health and education for track communities, with funding directly provided to this program by AusAID for 2011–12.

World Heritage management

The Australian Government provided $20 million to the Victorian Government for the protection and promotion of the World Heritage listed Royal Exhibition Building and Carlton Gardens. This funding will be used for a range of important works to help conserve the values of this iconic site, including conservation of the dome and restoration of the exterior facades. The department will monitor the four-year project through agreed progress reporting arrangements.

The department provides secretariat services for the Australian Convict Sites Steering Committee. In 2011–12 the committee met via teleconference twice to discuss matters of relevance to the 11 sites that together form the Australian Convict Sites World Heritage Property. The department also hosted an intern from the Australian National University’s Museums and Collections Program who undertook a project for the committee. The project explored options for a collaborative online presence for the Australian Convict Sites and will form the basis for future work in this area.

Tourism opportunities for the Australian Convict Sites were also investigated in two reports commissioned by the department and received in 2011–12. The Kingston and Arthurs Vale Historic Area (KAVHA, Norfolk Island) Tourism Master Plan provides a broad context for a range of heritage tourism issues and makes 21recommendations for implementation. The master plan was provided to the KAVHA Management Board in May 2012. In addition, the Australian Convict Sites Tourism Linkages Platform identified potential competitive visitor experiences that could be offered as a result of tourism trends and World Heritage listing of the overall Australian Convict Sites property. The report was provided to the Australian Convict Sites Steering Committee in June 2012.

The department, with the New South Wales Government and the Parramatta City Council, explored the implications of World and National Heritage listing in urban areas. In May 2012 there was agreement by officials at all levels of government to commission an assessment of the significant views and settings associated with Parramatta’s heritage sites, including Old Government House and Domain (one of the Australian Convict Sites), with specific reference to future urban development in the city centre.

The Australian Government provided $17 million in 2011–12 from the Caring for our Country initiative to assist the states to manage World Heritage properties to ensure their protection and promotion is consistent with undertakings under the World Heritage Convention. Activities funded include agreed on-ground priority projects and strategic management support projects including community consultation and coordination. Examples include a sum of $4.5 million provided to New South Wales for the eradication of rodents from the World Heritage listed Lord Howe Island Group. This funding, matched by the NSW Environmental Trust, will benefit the remarkable biodiversity of the island and residents. The department will play a role in the management of the project through agreed governance arrangements. Other projects that have been funded include work with neighbouring landholders to improve landscape connectivity in the Wet Tropics World Heritage Area, and research at Shark Bay into the effects of rising water levels on the Faure Sill and the stromatolite community.

The department provided advice in relation to the review of the Strategic Overview for Management of the Gondwana Rainforests of Australia World Heritage Area, in consultation with the NSW Office of Environment and Heritage and the Queensland Department of Environment and Resource Management.

National and Commonwealth heritage listings

In 2011–12, 43 post offices across Australia, as well as the Edward Braddon Commonwealth Law Courts in Hobart, the HMS Sirius Shipwreck, and the ABC Regional Radio Studio, Wagin, Western Australia were added to the Commonwealth Heritage List.

Ahead of the centenary of Canberra in early 2013, the Australian Heritage Council is assessing public nominations of Canberra to the National Heritage List. The focus of the assessment is on the national capital as an outcome of federation, the seat of Australian democracy and a showcase of twentieth century town planning concepts. Formal statutory consultations and a broader consultation process commenced in late 2011–12.

National and Commonwealth heritage management

In conjunction with the Australian Heritage Council meeting of 22 March 2012, the department organised a workshop to analyse and evaluate the methodologies for assessing aesthetic heritage values of natural places. The workshop was attended by the members of the council, external experts and departmental staff involved in assessments to the National Heritage List. A final report on the outcomes of the workshop made a number of recommendations for future directions to improve the current methodology.

Indigenous heritage

Under the ATSIHP Act the minister can protect areas and objects of traditional significance to Aboriginal and Torres Strait Islander peoples from threats of injury or desecration. This ‘last resort’ protection is available only when there is no effective protection under state or territory laws.

In 2011–12 the department supported the minister’s response to 50 separate applications to protect 22 areas and five collections of objects. Of these, 21 were new applications made during the year, similar to last year’s 20 new applications and below the long-term average of approximately 24 new applications per year.

Ten of the applications were not legally valid applications under the Act and another ten were withdrawn by the applicants. Six applications were resolved when the minister declined to make declarations, and 23 applications were under active consideration at the end of 2011–12. An additional application was resolved in 2009 under an agreement that continues to be monitored by the department.

During 2011–12 the department continued to work on possible reforms to the ATSIHP Act. The reforms were proposed in 2009, at which time it was noted that they might be incorporated in the EPBC Act. Subsequently the independent review of that Act recommended that the reforms to the ATSIHP Act should be included in an amended version of the EPBC Act. The Australian Government responded in August 2011, agreeing to consider this option, and electing to consult the Indigenous Advisory Committee as to the effectiveness of consolidating the two Acts. This work commenced in September 2011 and is ongoing.

Committees

The Australian Heritage Council

The Australian Heritage Council met six times in 2011–12, two of which were teleconferences. Council member Sharon Sullivan’s term expired during this year and Helen Lardner was appointed as an historic heritage expert.

The council has established closer ties with the Indigenous Advisory Committee, with several members from each body attending parts of the other’s meetings and contributions being made on a number of Indigenous heritage matters. This is consistent with the recommendation of the Hawke Review of the EPBC Act for increased communication between these expert advisory bodies to the minister.

The council recognised the need to improve approaches to Indigenous heritage assessment, protection and engagement and has proposed to hold a workshop on the topic.

Closer relations with the Threatened Species Scientific Committee have also been initiated, with a council member attending a committee meeting. It is expected that these ties will be strengthened in the next financial year. The Council Chair, Professor Carmen Lawrence, attended the Heritage Chairs and Officials meeting in Perth in February 2012.

The council assisted in the development of the Australian Heritage Strategy by holding a workshop with key heritage stakeholders—the outcomes contributing on a range of important issues regarding the conservation, presentation and management of natural, Indigenous and historic heritage.

The council also identified an increasing priority to improve management outcomes for listed places and for the development of a monitoring framework which would enable the council to gauge the effectiveness of management regimes and identify changes in heritage values and condition.

Heritage Chairs and Officials of Australia and New Zealand

The Heritage Chairs and Officials of Australia and New Zealand (HCOANZ) is a body comprising the chairs and chief executive officers of Australian and New Zealand statutory heritage agencies. The HCOANZ works to address matters of national importance. In 2011–12, the HCOANZ finalised the HCOANZ report on heritage sustainability–domestic building project, as well as national guidelines for heritage ruins.

The Australian World Heritage Advisory Committee

The Australian World Heritage Advisory Committee advises federal and state ministers on national and cross-cutting issues that affect Australia’s World Heritage properties. It is a forum for Australia’s World Heritage property managers to share information on place management and protection.

Iconic Sites Taskforce

The Iconic Sites Taskforce was established for a two-year term to advise the minister on matters relating to the protection and identification of iconic national assets. The taskforce met for the first time in June 2012 to identify opportunities and priorities for Australia’s iconic sites for the minister’s consideration in 2012–13.

Australian Heritage Strategy

The Australian Government is developing a national strategy for the recognition, protection, commemoration and celebration of heritage over the next decade to highlight the importance of heritage to all Australians and provide a common direction for heritage across Australia over the next decade. This high-level strategic framework will bring together the depth and diversity of Australian heritage and cover the three domains of heritage: natural, Indigenous and historic.

The strategy will also respond to key heritage findings of the 2011 state of the environment report, which identified that while our diverse natural and cultural heritage generally remains in good condition, it is being threatened by natural and human processes that do not reflect the true value of heritage to the Australian community.

A public consultation paper for the strategy was released in April 2012 outlining some of the current challenges and opportunities in the heritage sector. The period for public comment closed on 15 June 2012. The consultation paper and commissioned essays remain available for the information of stakeholders and individuals. Ninety-three submissions were received from all levels of government, professional organisations, community groups and individuals. These are published on the Australian Heritage Strategy website .

Heritage grants programs

The department administers a range of grants to provide funding and advice to support heritage protection, conservation and interpretation.

Your Community Heritage program

The May 2011 Budget announced $4 million per year supplementation in 2011–12 and 2012–13 to build on the existing ongoing $4.42 million National Historic Sites program. The two-year Your Community Heritage program is aimed at helping the community tell its heritage stories, enhancing community engagement in heritage, bringing heritage online, protecting national heritage assets, and preservation and understanding of skills at risk of being lost.

In 2011–12, $7.9 million was provided to 235 projects to protect, conserve and enhance the values of significant historic heritage; to enhance the resilience of heritage places to withstand natural disasters such as floods, bushfires, storms and earthquakes; and to contribute to the management and the long-term sustainability of significant historic heritage sites. Around $0.5 million was provided to fund the development of the Community Heritage portal.

The program comprises the following subprograms:

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  Protecting National Historic Sites
  
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  Recovering from Natural Disasters
  
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  Commemorating Eminent Australians
  
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  Sharing Community Heritage Stories
  
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  Celebrating Community Heritage
  
• 
  Bringing Heritage Online.
  

Indigenous Heritage Program

The department administers the Australian Government’s Indigenous Heritage Program, an ongoing annual competitive grants program that provides $3.645 million annually to identify, conserve and promote the Indigenous heritage values of places important to Aboriginal and Torres Strait Islander peoples. The program is delivered in cooperation with the Department of Families, Housing, Community Services and Indigenous Affairs’ Indigenous Coordination Centres, as part of the whole-of-government delivery of services to Indigenous Australians.

In 2011–12 the Indigenous Heritage Program provided funding for 45 projects across Australia: three in New South Wales; 10 from the Northern Territory; 13 from Queensland; four each from South Australia and Victoria; and 11 from Western Australia. These projects not only conserve and promote Indigenous heritage but also contribute to Closing the Gap on Indigenous disadvantage.

Recipients include shire councils, land councils, Elders groups, National Trust groups and educational institutions.

Australia’s maritime heritage

The department administers the Historic Shipwrecks Act 1976 through a cooperative arrangement with the states, the Northern Territory and Norfolk Island under the Historic Shipwrecks Program. Under the Act the minister has delegated functions to officers within these states and territories. The department’s role is to coordinate administration nationally and in offshore waters, and to provide annual funding of $0.44 million to the relevant state and territory agencies. The funding is provided through a three-year service-level agreement with forward projected funding until 2014–15.

This cost-effective arrangement supports state and territory agencies that are best placed to enforce the Historic Shipwrecks Act 1976 in both Commonwealth and coastal waters while promoting a nationally consistent approach to maritime heritage conservation. Among other things the arrangement enables the Australian Government to maintain accurate and up-to-date records of Australia’s historic shipwrecks and their associated relics in the Australian National Shipwreck Database. During 2011–12, 14 shipwrecks off Tasmania, Western Australia and the Northern Territory were located or discovered within the jurisdiction of the Act.

Over the last two years the Australian National Shipwreck Database has been modernised to meet current statutory requirements and future needs. This work was completed in 2011–12. The database now offers online permit applications and a secure web portal for the minister’s delegates to carry out day-to-day administrative functions.

The department also provides funding to the Australasian Institute for Maritime Archaeology for activities that support the aims of the Historic Shipwrecks Act 1976 by promoting the preservation of underwater cultural heritage, and the application of internationally accepted ethical standards in maritime archaeology. Two grants were provided to the institute in 2011–12: a grant of $15,000 was given to publish the institute’s annual bulletin and to host its annual conference (held in Brisbane in September 2011); and a further $12,000 grant was provided to assist Pacific Islanders to attend the inaugural Asia-Pacific Regional Conference on Underwater Cultural Heritage, held 8–12 November 2011.

The department appoints and trains inspectors under the Historic Shipwrecks Act 1976 and investigates suspected breaches of the Act. In 2011–12 training was undertaken in Western Australia and the Northern Territory. Three serious breaches were investigated, resulting in two successful prosecutions. Court proceedings are pending in the third case. Following last year’s successful prosecution for possession of 1433 undeclared historic shipwreck relics, the department removed a further 300 relics from that person in January 2012. The relics were handed to the Western Australian Museum.

The department supports ministerial declarations under the Historic Shipwrecks Act 1976 including by arranging commemorative events where appropriate. Declarations were made on two occasions in 2011–12 (see Case study 2). The department also helped to coordinate the involvement of the United States Embassy in a ceremony to commemorate the 70th anniversary of the bombing of Darwin. United States Ambassador Jeffrey Bleich presented a historic shipwreck relic to the new Defence of Darwin Museum. The relic had been taken illegally from the SS Florence D (1942) and recovered by the department following an investigation in 2011.

The department also coordinates the development of national policies and procedures relating to the conservation of shipwrecks and other underwater cultural heritage. In September 2011 the department conducted a national workshop for government heritage officers and heritage consultants. This was the first step in the formulation of national underwater cultural heritage planning guidelines for use by government heritage agencies and private consultants. The department continued to participate in a national project that aims to develop methods for the rapid excavation of shipwrecks that are under threat of destruction. During April–May 2012 an officer from the department participated in the first excavations of the Clarence shipwreck in Port Phillip, Victoria. The project is funded in part through a $0.5 million Australian Research Council linkage grant.

The department is undertaking an ongoing review of the Historic Shipwrecks Act 1976. One aspect of the review is whether Australia should ratify the United Nations Educational, Scientific and Cultural Organization (UNESCO) 2001 Convention on the Protection of Underwater Cultural Heritage. Ratification of the convention would require the scope of the Historic Shipwrecks Act 1976 to be expanded to include protection for all underwater cultural heritage. During the year the department consulted with other Commonwealth government agencies about the possibility of ratification. The department also received funding from the Netherlands to attend an expert round-table in The Hague to discuss possible ratification of the convention by the Netherlands.

Australia has a treaty with the Netherlands concerning old Dutch shipwrecks (the Agreement between the Netherlands and Australia), which is a schedule to the Historic Shipwrecks Act 1976. Under this treaty the department supports collaborative work with the Embassy of the Kingdom of the Netherlands. Both Dr John Bach OAM and Emeritus Professor Geoffrey Bolton, Australia’s members on the Australian and Netherlands Committee for Old Dutch Shipwrecks, retired after 39 years of participation. Replacements are expected to be appointed during 2012–13.

Program 5.2: Environmental regulation

Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection (Sea Dumping) Act 1981

The department uses regulation and compliance activities, cooperative partnerships with state and territory governments, and provision of information to improve awareness of the EPBC Act to protect and conserve the environment. Further detail is provided in the report on the operation of the EPBC Act.

Species and ecological community listings and information

The minister decides whether to list a species or ecological community as threatened under the EPBC Act upon consideration of advice from the Threatened Species Scientific Committee (TSSC) on the eligibility of those items for listing. In 2011–12, based on assessments completed by the TSSC, six species and six ecological communities were listed, and seven species were transferred from one category of threat to another. At 30 June 2012 a further 120 species and 16 ecological communities were being assessed for possible listing. More detail on the listings is provided in the report on the operation of the EPBC Act.

To achieve consistency between Australian Government and state and territory threatened species lists, and to promote the exchange of information, the Australian Government has both formal and informal partnerships with all states and territories. These partnerships allow for targeted expenditure of limited conservation resources and facilitate the best possible conservation outcomes for threatened species. Under these partnerships, state or territory government agencies usually assess species endemic to their jurisdiction, before providing information to the Australian Government for assessment under the EPBC Act.

During 2011–12 the department progressed work to identify ecological communities that have the highest priority to be assessed for potential listing as matters of national environmental significance under the EPBC Act.

Part of the prioritisation process focuses on endemic ecological communities listed by states and territories in the ‘endangered’ and ‘critically endangered’ categories that are likely to benefit most from additional protection under the EPBC Act. In 2011–12 assessments were completed on two state-endemic ecological communities (one in Western Australia and one in Queensland) and work progressed on two others. All new listing advice for ecological communities at the national level contain clear links to state and territory-listed ecological communities and vegetation/ecosystem classification systems.

In addition, a strategic national ecological communities workshop was held in March 2012, with experts from across Australia, to refine prioritisation principles for national listing and identify possible gaps on the national list.

Recovery plans

The EPBC Act provides for the making or adopting of recovery plans and conservation advice when a species or ecological community is listed. Recovery plans set out the research and management actions needed to stop the decline and support the recovery of listed threatened species or threatened ecological communities.

The department, with the relevant state and territory government environment agencies, made substantial investment in the recovery of threatened species and ecological communities through developing and implementing recovery plans.

While the department has continued to adopt recovery plans developed by state and territory governments, it also progressed the development of several new plans that are being facilitated by the department and that are to be made directly instead of adopted under the EPBC Act. Collaboration with state and territory governments and other stakeholders remains an essential element of recovery plan development under this approach.

While the department aimed to complete 60 recovery plans during 2011–12, 27 came into force. Many other recovery plans were close to completion, with stakeholder comment and scientific advice needing to be addressed in finalising them.

Protecting our natural assets

The EPBC Act 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. It also regulates the potential impacts of activities on Commonwealth land, the impacts of actions carried out by Commonwealth agencies and the international movement of wildlife and wildlife products.

Environment assessments under the EPBC Act ensure that development is undertaken in a way that supports the protection and recovery of the Australian environment.

The EPBC Act provides for consistent and transparent regulation of activities with the potential to have a significant impact on matters of national environmental significance. Such activities and projects from all industry sectors are referred to the department for assessment.

In 2011–12 the department continued to assess large, complex and economically significant projects from all industry sectors under the EPBC Act. Of the 412 new referrals received, 132 referrals were determined to be controlled actions requiring further assessment and approval under the EPBC Act, 151 were determined not to be controlled actions, and 94 were determined not to be controlled actions subject to them being undertaken in a particular manner. Seventy-five proposals were approved subject to conditions and one proposal was determined to be clearly unacceptable. Key projects approved included:

• 
  the Wheatstone project to be undertaken by Chevron Australia Pty Ltd, which involves the construction and operation of a liquified natural gas and domestic gas plant, including onshore and offshore facilities
  
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  the Olympic Dam copper, uranium, gold and silver mine, processing plant and associated infrastructure
  
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  various iron ore proposals to be developed in the Pilbara Bioregion, Western Australia.
  

Assessment bilateral agreements

EPBC Act assessment bilateral agreement allows the Commonwealth to avoid duplicating assessment processes by delegating the responsibility for conducting environmental assessments under the EPBC Act to the states and territories and, in some cases, state and territory approval decisions. If a proposed action is assessed under an accredited state/territory process, the action still requires a separate approval decision under the EPBC Act. Alternatively, if proposed actions are covered by an approval bilateral, then they will be assessed and approved by the states and territories in accordance with accredited management arrangements or authorisation processes. No further approval is required from the Commonwealth minister under the EPBC Act. To be accredited, state and territory processes need to meet best practice criteria set out in the EPBC Act and its Regulations.

On 13 April 2012 the Council of Australian Governments (COAG) reaffirmed its commitment to high environmental standards, while reducing duplication and streamlining environmental assessment and approval processes. COAG agreed that governments will work together to achieve reform outcomes. This work will include prioritising the development of bilateral arrangements for accreditation of state and territory assessment and approval processes.

On 21 March 2012 a new bilateral agreement was entered into by Western Australia and the Commonwealth and replaced the previous bilateral agreement. This followed changes to Western Australian environmental legislation in 2010, which introduced a new Public Environmental Review environmental impact assessment process. The new bilateral accredits this process under the Environmental Protection Act 1986 (WA).

The bilateral agreement between the Commonwealth and Queensland accredits specified Queensland environmental impact assessment processes in assessing actions under the EPBC Act. On 14 June 2012 the bilateral agreement was amended to strengthen cooperative arrangements between the Commonwealth and the Queensland Government. In particular, the amended agreement provides a mechanism to ensure that if the Queensland Government believes that the agreed requirements cannot be met, then it will provide early written notification and seek the Commonwealth’s agreement to complete the environmental assessment work.

As of 30 June 2012 assessment bilateral agreements under the EPBC Act were in place between the Commonwealth and all jurisdictions except New South Wales. The New South Wales assessment bilateral agreement expired in January 2012, and a new agreement is being negotiated between the Commonwealth and New South Wales.

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, including, but not limited to:

• 
  regional-scale development plans and policies
  
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  large-scale industrial development and associated infrastructure
  
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  fire, vegetation/resource or pest management policies, plans or programs
  
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  water extraction and use policies
  
• 
  industry sector policies.
  

Within this context a strategic assessment can cover any number of projects that would otherwise need to be separately assessed under the EPBC Act.

Strategic assessments continue to break new ground and promote ecologically sustainable development and facilitate adaptive management methodologies. These approaches are collaborative between tiers of governments, and have the capacity to better align Commonwealth and state/territory processes while achieving ecological sustainability through consideration of environmental assets at the landscape scale. This therefore provides a tool for reducing regulatory burden by considering Commonwealth and state/territory environmental planning issues in a single assessment process.

Strategic assessments give greater certainty to developers, landholders, planners, industry, governments and the community as it allows for individual future developments to proceed without further assessment if they are consistent with the approved policy, plan or program. This provides considerable scale for dealing with environmental issues in a more holistic and proactive way and allows for cumulative impacts to be considered early in planning processes.

The Commonwealth entered into four new strategic assessments in 2011–12:

• 
  Two comprehensive strategic assessments for developments and activities that may impact on the Great Barrier Reef World Heritage Area. This comprises two separate agreements with the Queensland Government and the Great Barrier Reef Marine Park Authority (GBRMPA) to assess:
  
• 
  the GBRMPA’s management arrangements for the Great Barrier Reef World Heritage Area
  
• 
  Queensland’s coastal zone planning and development framework for the area adjacent to the Great Barrier Reef World Heritage Area.
  
• 
  The Perth and Peel region urban development strategic assessment with the state of Western Australia.
  
• 
  The development of Heathcote Ridge in Sutherland Shire, Sydney, with the Gandangara Local Aboriginal Land Council in New South Wales.
  

The minister endorsed and/or approved the following strategic assessments:

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  Molonglo Valley plan, Australian Capital Territory
  
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  Western Sydney growth centres, New South Wales
  
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  Midlands water scheme, Tasmania (involving three stages, with two stages approved as of 30 June 2012).
  

The department completed a review of strategic assessments to inform best practice. The report A guide to undertaking strategic assessments (2011) is available on the department’s website at .

Preserving the marine environment from pollution

The Environment Protection (Sea Dumping) Act 1981 fulfils Australia’s international obligations under the London Convention and Protocol. In 2011–12, 14 sea dumping permits were issued by the department.

The Sea Installations Act 1987 regulates construction and operation of human-made devices, equipment and other installations in the marine environment to ensure they are operated safely and are environmentally sound. No sea installation permits were granted by the department this year.

The Threatened Species Scientific Committee (TSSC)

In 2011–12 the department provided professional, accurate and timely advice to the TSSC which resulted in listing decisions being made for 13 species and six ecological communities and the provision of advice on key threatening processes under the EPBC Act.

All relevant statutory deadlines were met in 2011–12, with the TSSC operating efficiently and effectively to ensure key outcomes were met.

The TSSC completed and provided assessments for 28 species and nine ecological communities in 2011–12. Nominations were received for 18 species, five ecological communities and three key threatening processes for the assessment period commencing 1October 2012. Work on the list-alignment process with state and territory government agencies continued.

The department also provided secretariat and other support functions for the TSSC, which enabled the smooth running of three major committee meetings, several committee working groups, species-specific external stakeholder workshops (including for koalas and dogfish) and the attendance of committee members at the Senate inquiry into the status, health and sustainability of Australia’s koala population.

In 2011–12 Professor Helene Marsh was appointed to the position of Chair of the TSSC, and Dr Michelle Heupel was also welcomed onto the committee.

The TSSC developed comprehensive listing and conservation advice for all species and ecological communities assessed during 2011–12. One hundred and thirty-one advices were published on Species Profile and Threats (SPRAT) database once they were approved by the minister.

Permit approvals and wildlife management

The international movement of wildlife and wildlife products is regulated under the EPBC Act. The Act provides for the regulation of export trade in specimens derived from regulated native species, imports and exports of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and the import of regulated live animals.

Export approval can be given provided the specimens have been derived from an approved captive breeding program, artificial propagation program, aquaculture program, wildlife trade operation, or a wildlife trade management plan.

The following wildlife programs were approved in 2011–12:

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  three captive breeding programs
  

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  Silke Weyland (butterflies)
  
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  Venom Supplies
  
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  Australian Museum (fringed jumping spider)
  

• 
  three new and 14 revised artificial propagation programs
  
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  one aquaculture program—Murray Darling Fisheries
  
• 
  five individual wildlife trade operations (non-fisheries)
  

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  two flora wildlife trade operations (Tasmanian Native Flora and Fillers, M&K Cole Ferns)
  
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  three fauna wildlife trade operations (AIMS, Soul Home and Venom Supplies)
  

• 
  one wildlife trade management plan (New South Wales Commercial Kangaroo Harvest Management Plan 2012–16).
  

The department completed 48 assessments for transfers of live animals for exhibition in zoos and aquaria. The department ensures that live animals only go to appropriate zoological institutions through a review process and facility assessment. The department completed 45 facility assessments for a wide range of animals, including koala, Sumatran tiger and western lowland gorilla.

In 2011–12, 617 permits for export were issued, and 1238 permits for import (both CITES and non-CITES specimens).

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 the species in the wild.

Compliance and enforcement

The department takes a strategic approach to ensure that EPBC Act compliance and enforcement is consistent, efficient and effective across the marine and terrestrial environments. This approach includes the development and maintenance of relationships with other compliance and enforcement agencies of the Commonwealth, states and territories.

In 2011–12 the department audited, or commenced auditing, six projects under the random compliance audit program. These projects were selected from approvals made since the inception of the EPBC Act and included: a residential development in Western Australia; two coalmines in Queensland; a surface-water management scheme in Victoria; a dam upgrade in Queensland; and the relocation of a Victorian wholesale market.

The strategic risk-based audit program focuses on specific areas such as industry sectors, geographical areas and protected matters. During 2011–12 the program focused on 13 projects, including seven in the mining and exploration industries, a residential development, an industrial development and a review of four approvals that included conditions requiring the establishment and management of habitat reserves and offsets. Overall, the audits identified a substantial level of compliance with conditions. Instances of non-compliance were addressed in accordance with the department’s Compliance and Enforcement Policy.

The department examined 448 new incidents or activities representing potential breaches of Part 3 of the EPBC Act in 2011–12. Sixty site inspections were undertaken to obtain information to assess whether alleged non-compliance actions had occurred and the department began 15 new cases of alleged breaches of the EPBC Act. Of these there were:

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  two relating to Part 13A of the EPBC Act (illegal international movement of wildlife specimens)
  
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  five relating to Part 3 of the EPBC Act (significant impact on matters of national environmental significance)
  
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  eight relating to EPBC Act marine issues (marine reserve offences and marine species protection).
  

The EPBC Act provides a range of approaches for compliance issues, including prevention, remediation, civil penalties and criminal prosecutions for more serious breaches, and reporting on compliance and enforcement issues. In 2011–12, enforcement outcomes included 14 successful criminal prosecutions, six infringement notices, one enforceable undertaking and one conservation agreement.

EPBC Act compliance and enforcement activity is consistent with the department’s overarching Compliance and Enforcement Policy, which was updated in December 2009 following approval by the Attorney General’s Department and adoption by the minister. This policy provides regulated entities, stakeholders and the wider community with clear advice on how the department exercises its compliance and enforcement responsibilities across the entire range of legislation administered by the department. The policy is available on the department’s website at .

The department’s Executive Board approved formal adoption of the new EPBC Act Compliance and Enforcement Policy on 21 February 2012. The new policy sits underneath the overarching Compliance and Enforcement Policy and is specific to the EPBC Act. The policy describes the department’s approach to, and the principles that guide, compliance and enforcement activities under the EPBC Act, promotes a consistent, transparent and fair approach to EPBC Act compliance and enforcement activities, and provides guidance for stakeholders and the wider community about how the department addresses potential contraventions of the EPBC Act.

Information on EPBC Act compliance and enforcement activities in terrestrial reserves is in the annual report of the Director of National Parks.

The Supervising Scientist Division

The Alligator Rivers Region, some 220 kilometres east of Darwin, contains a number of former, current and potential uranium mines, including:

• 
  Ranger, which is currently in operation
  
• 
  Nabarlek, situated in Arnhem Land, where mining has ceased and rehabilitation is underway
  
• 
  Jabiluka, which has been in long-term care and maintenance since December 2003
  
• 
  the Koongarra Project Area, which was incorporated into the surrounding World Heritage Area by UNESCO’s World Heritage Committee in June 2011.
  

Ranger, Jabiluka and Koongarra are surrounded by but not part of Kakadu National Park. However, a number of small former uranium deposits that were mined during the 1950s and 1960s and finally rehabilitated between 2003 and 2009 are located in what is now the southern portion of Kakadu National Park. The Supervising Scientist Division monitors and conducts research into environmental management at these sites.

To achieve its objectives, the Supervising Scientist Division:

• 
  plays a key role in supervising the environmental aspects of regulatory arrangements applying to uranium mining within the region
  
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  works closely with the Northern Territory Government’s regulatory body and other stakeholders to ensure that regulatory decisions are based on the best available scientific knowledge
  
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  regularly audits and inspects existing and former uranium mine sites within the region
  
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  undertakes detailed, independent, scientific investigations into incidents, breaches of approval conditions and environmental requirements of uranium mining operations
  
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  oversees the regulation of uranium mining in the region to ensure that the government and community can be confident that regulation is meeting expected standards
  
• 
  undertakes an ongoing independent, comprehensive, chemical, biological and radiological monitoring program designed to detect any potential effects of uranium mining in the region
  
• 
  undertakes targeted scientific research to optimise the monitoring programs and to provide early warning of any potential effects of uranium mining on the environment of the region.
  

Map 5.1: Alligator Rivers Region, Northern Territory

Directory: system -> files -> resources
resources -> Environmental Best Practice Port Development: An Analysis of International Approaches
resources -> The National Heritage List and Commonwealth Heritage List: 1 july 2008 30 june 2013
resources -> Reference list for waterrelated coal seam gas and coal mining research
resources -> Michigan Association of Intermediate School Administrators isd sections of Law
resources -> Executive Summary 3 Background 4 Developing the National Television and Computer Recycling Scheme 4
resources -> Threat abatement plan for disease in natural ecosystems caused by
resources -> Sawfish and River Sharks Multispecies Issues Paper
resources -> Wildlife Trade Management Plan – Queensland Crocodile Farming

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