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

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Compliance with timeframes (section 518 report)

Appendix A: Statistics

Table A1: Overview of referrals

Referrals	2011–12	Total since commencement of EPBC Act in 2000
Referrals being processed at 1 July 2010	108
Total referrals received	412	4394
Referrals withdrawn before (controlled action) decision	30	174
Referrals where a decision has been made (including reconsiderations)	378	4107
Approval required—controlled action	132	1146
Approval not required—action to be taken in a particular manner	94	840
Approval not required—no conditions on action	151	2113
Action clearly unacceptable	1	8
Referrals lapsed after (controlled action) decision	10	46
Referrals withdrawn after (controlled action) decision	23	204
Referrals being processed at 30 June 2012	114

Table A2: Reconsideration of decisions

Reconsideration of decisions	Decisions
Reconsideration decisions being processed at 1 July 2011			1
Reconsideration requests received 2011–12			5
Reconsideration decisions made	Total 4
Original decision confirmed		1
Decision revoked and new decision substituted		3
Decision changed from CA to revised controlling provisions	1
Decision changed from NCA (particular manner) to new manners	2
Reconsiderations pending at 30 June 2012			2

Note: the indented figures reflect the breakdown of the total decisions.

Table A3: Referrals and referral decisions by jurisdiction

	Referrals received in 2010–11	Decisions made in 2011–12
		Action clearly unacceptable	Approval required	Approval not required		Total decisions
			CA	PM	NCA
Antarctica
Christmas Island	3			1	1	2
Cocos-Keeling Island	1
Commonwealth marine	21		2	24		26
Norfolk Island
Other Australian Territory
Other country
ACT	18		8	1	2	11
Jervis Bay Territory
NSW	69		20	12	30	62
NT	9		5	2		7
Qld	91		43	13	34	90
SA	23		3	4	14	21
Tas	23		5	4	6	15
Vic	55	1	16	12	24	53
WA	99		30	21	40	91
Total	412	1	132	94	151	378

Note: CA = controlled action; NCA = not controlled action; PM = action to be take in a particular manner.

Table A4: Referrals and referral decisions by activity category

	Referrals received in 2010–11	Decisions made in 2011–12
		Action clearly unacceptable	Approval required	Approval not required		Total decisions
			CA	PM	NCA
Agriculture and forestry	5			2	2	4
Aquaculture	1
Commercial development	25		9	3	9	21
Commonwealth	8		1	4		5
Energy generation and supply (non-renewable)	18		4	2	12	18
Energy generation and supply (renewable)	10		3		7	10
Exploration (mineral, oil and gas—marine)	38		2	35	2	39
Exploration (mineral, oil and gas—non-marine)	1		1	2		3
Manufacturing	1				1	1
Mining	80		44	9	13	66
Natural resources management	28	1	4	2	13	20
Private	5		1	1	2	4
Residential development	55		19	3	32	54
Science and research	8			5	1	6
Tele-communications	8			2	6	8
Tourism and recreation	18		2	3	11	16
Transport—air and space	3		2			2
Transport—land	42		16	7	18	41
Transport—water	19		10	9	2	21
Waste management (non-sewerage)	3				4	4
Waste management (sewerage)	7		1	1	2	4
Water management and use	29		11	6	14	31
Total	412	1	132	94	151	378

Note: CA = controlled action; NCA = not controlled action; PM = action to be take in a particular manner

Table A5: Decisions on assessment approach and assessments by type

	Type of assessment decided in 2011–12	Assessments completed in 2011–12	Assessments withdrawn in 2011–12	Assessments lapsed in 2011–12	Recommendation reports completed in 2011–12	Recommendation reports (no approval) completed in 2011–12	Assessments in progress at 30 June 2012	Recommendation reports in progress at 30 June 2012
Commonwealth assessments
Preliminary documentation	67	53	6	7	53	10	128	15
Public environment report	4	3	1	0	3	0	17	3
Referral information	3	6	0	0	6	0	0	0
Environmental impact statement	18	3	4	0	3	0	43	4
State/Territory assessments
Bilateral assessment	23	17	4	1	0	0	91	0
Accredited process	14	4	4	2	0	0	48	0

Table A6: Approvals in 2011–12

Type of approval	Number of approvals	Number of approvals since the commencement of the Act
Action approved	75	542
Not approved	0	10
Total decisions	75	552
Awaiting approval at 30 June 2012	23
Awaiting further information from proponent	10

Table A7: Advice requested and provided under section 160

Authorisation provision	Requests for advice	Advice not required	Advice required	Assessment completed	Advice provided
R6.01—Sea Dumping Permit	14	12	2	0	0
R6.01—Sea Installations Permit	0	0	0	0	0
S160—Airport Major Development Plan	3	2	1 (still to be decided)	0	0
S160—Airspace Management	1	0	1	0	0
S160—Foreign Aid	0	0	0	0	0

Table A8: Number of matters protected by the EPBC Act

	Matter protected	Not controlled action—particular manner	Controlled action
Division 1	Matters of national environmental significance
Section 12	World Heritage values of a World Heritage listed property	14	23
Section 15B	National Heritage values of a National Heritage listed place	14	29
Section 16	Ecological character of a declared Ramsar wetland	6	11
Section 18	Listed threatened species or ecological community	82	129
Section 20	Listed migratory species	54	57
Section 21	Nuclear activities with a significant impact on the environment	0	0
Section 23	Commonwealth marine environment	36	19
Section 24B	Activities in the Great Barrier Reef Marine Park	1	18
Division 2	Proposals involving the Commonwealth
Section 26	Commonwealth land	3	2
Section 27B	Activities involving Commonwealth heritage listed places overseas	1	1
Section 28	Commonwealth or Commonwealth agency activity	10	2
Total		199	221

Table A9: Processing of nominations and changes to the list of threatened species, ecological communities and key threatening processes

	Species	Ecological communities	Key threatening processes
Items on which the Threatened Species Scientific Committee has provided advice to the minister*	95	9	1
Ministerial decisions made on Threatened Species Scientific Committee advice	15	6	0
Ministerial decisions pending on Threatened Species Scientific Committee advice	80	3	1
Number of ministerial decisions made on Threatened Species Scientific Committee advice in the following categories;
up-listed	2	0	0
down-listed	5	0	0
new	6	0	0
de-listed	0	0	0
rejected/ineligible	1	0	0
no change in status	1	0	0
Number of amendments to the list	15	6	0
Total number of listings as at 30 June 2012	1791	50	19

* Includes ongoing assessments from the 2007, 2008 and 2009 Finalised Priority Assessment Lists. Figures include both public nominations and nominations from the Threatened Species Scientific Committee.

Table A10: Species and ecological communities covered by recovery plans (at 30 June 2012)*

	Species				Ecological communities			Total
	Vulnerable	Endangered	Critically endangered	Extinct in the wild	Vulnerable	Endangered	Critically endangered
Total number of listed entities	853	675	161	1	1	34	21	1746
Number covered by plans in preparation	90	85	17	0	0	10	15	217
Number covered by plans in place	259	400	76	1	1	19	1	757
Percentage covered by plans in place or in preparation*	39%	72%	56%	100%	100%	85%	76%	56%

*Note: the remaining 44% of listed species not covered by recovery plans are covered by conservation advices (see the section on managing threatened species and ecological communities).

Table A11: Number of recovery plans in preparation and in place at 30 June 2012

	Single species	Multispecies	Ecological communities	Multiregional	Total
Number of plans in place	394	43	18	5	460
Number of plans in preparation*	77	20	24	3	124
Number of plans made or adopted in 2011–12	18	3	6	0	27

*Note: Does not include 22 existing plans that are being revised.
Table A12: Cetacean permits-applications received and permits granted 2011–12

Sub-section of EPBC Act	Applications received	Permits granted	Conditions varied or revoked	Suspended or cancelled
238 (3) (a) cetacean conservation; or (b) incidental interference	10	8 (2 permits were pending as at 30 June 2012)	0	0
238 (3) (c) whale watching	0	0	0	0
Total	10	8	0	0

Table A13: Assessments of Commonwealth-and-state managed fisheries completed 2011–12

Jurisdiction	Fishery	Current assessment decisions	Decision date
LD	East Coast Beche-de-mer Fishery	WTO	18/07/2011
NT	Trepang Fishery	WTO	27/07/2011
NSW	Abalone Fishery	WTO	10/08/2011
Tas	King Island Cast Bull Kelp Fishery	Exempt	15/08/2011
Qld	Fin Fish (Stout Whiting) Trawl Fishery	WTO	16/08/2011
WA	Beche-der-mer Fishery	WTO	29/08/2011
Tas	Commercial Dive Fishery	Exempt	6/09/2011
WA	Cocos Keeling Islands Marine Aquarium Managed Fishery	Exempt	8/09/2011
SA	Sea Urchin Fishery	Exempt	28/09/2011
WA	Shark Bay Crab (Interim) Managed Fishery	Exempt	4/10/2011
Vic	Sea Urchin Fishery	Exempt	20/10/2011
WA	South Coast Crustacean Fishery	WTO	16/11/2011
NSW	Estuary Prawn Trawl Fishery	WTO	21/11/2011
Qld	Marine Aquarium Fish Fishery	WTO	25/11/2011
Qld	Spanner Crab Fishery	Exempt	19/01/2012
Vic	Scallop Fishery	WTO	23/01/2012
Commonwealth	Skipjack Tuna Fishery	Exempt	24/01/2012
Tas	Scallop Fishery	Exempt	27/01/2012
SA	Marine Scalefish Fishery	WTO	30/01/2012
Tas	Abalone Fishery	Exempt	31/01/2012
Tas	Rock Lobster	Exempt	1/02/2012
Qld	East Coast Inshore Fin Fish Fishery	WTO	23/02/2012
NSW	Lobster Fishery	Exempt	19/03/2012
Qld	River and Inshore (Beam) Trawl Fishery	WTO	10/04/2012
Tas	Harvest of native oysters from the Tasmanian Shellfish Fishery	Exempt	27/04/2012
Table A13: Assessments of Commonwealth-and-state managed fisheries completed 2011–12 Commonwealth	Heard Island & McDonald Islands Fishery	Exempt	7/05/2012
Qld	Coral Fishery	WTO	27/06/2012

Compliance with timeframes (section 518 report)

The EPBC Act and Regulations specify timeframes within which decisions must be made and other actions completed. If the timeframes are not met, then in accordance with section 518 of the EPBC Act a statement must be provided setting out the reasons for the delay. Things that were not done within statutory timeframes in 2011–12 are listed in Tables 14 and 15 below.

Table A14: Referrals, assessments and approvals in 2011–12

Section	Total	Late	Reasons for delay
74B(1)–Timing of decision on action is clearly unacceptable	1	1	Further detailed information sought from proponent
75(5) Controlled action determination	376	117	Administrative delays and further information and consultation required
77(1) Controlled action determination notice	371	34	Administrative delays
77(4) Controlled action timing of reasons for decision	3	2	Administrative delays
88(1) Assessment approach decision	106	46	Administrative delays
88(2) Assessment approach decision and controlled action determination made on the same day	106	10	Administrative delays
91(1) Notice of decision on assessment approach	129	24	Administrative delays
95A(2) Request for further information	57	8	Administrative delays and further information and consultation required
95A(3) Direction to publish	46	12	Administrative delays
95C(2) Recommendation report	53	7	Administrative delays
96A(4)(b) Public Environment Report guidelines	3	1	Administrative delays
101A(4)(b) Provide Environmental Impact Assessment guidelines to designated proponent	16	9	Administrative delays
105(1) Provide Environmental Impact Assessment recommendation report to the Minister	1	1	Need for adequate consideration of complex legal and environmental issues
130(1B) Timing of decision on approval	73	42	Administrative delays and further consultation required
156B(1) Decision whether to accept a varied proposal	25	9	Further detailed information sought from proponent and administrative delays
156E(1) Timing of the written notice of the decision of the decision on a varied proposal	25	1	Administrative error
156E(2) Timing of written notice to accept a varied proposal	17	3	Administrative error
156E(3) Direction to publish the request to accept a varied proposal	25	7	Administrative delays
156F(5) Publication of notice relating to change of person proposing to take action	14	8	Administrative delays and need to obtain legal advice/review
170A(c) Publication of information relating to assessments: controlled action decisions	371	34	Administrative delays
170A(d) Publication of information relating to assessments: decisions on assessment approach	129	24	Administrative delays
170A(e) Publication of information relating to assessments: preliminary documentation	104	62	Administrative delays
170A(f) Publication of information relating to assessments: guidelines	26	7	Administrative delays
170A(h) Publication of information relating to assessments: reports or statements	17	12	Administrative delays
170A(i) Publication of information relating to assessments: final recommendation report	6	4	Administrative delays
170A(ia) Publication of information relating to assessments: recommendation reports	56	51	Administrative delays
170A(j) Publication of information relating to assessments: other matters	75	9	Administrative delays

Table A15: Other provisions

Section	Total	Late	Reasons for delay
65(2)–Review of Bilateral Agreements	1	1	Administrative delays
194Q(3) Decision whether to include item	58	55	Delay in obtaining sufficient information to make decision and more information required to make decision
266B(6) Approved conservation advice for listed threatened species and listed threatened ecological communities	13	12	Administrative delays
294(2) Time limit for review of plans	4	4	Administrative delays
303CI Time limit for making permit decisions–CITES	1546	1	Administrative delays
303EG(1) Timing of decision about proposed amendment of list	6	2	Pressure of ministerial business
341JH(2) Extend the assessment completion time	7	2	Administrative delays
341JI(2) Timing of decision about inclusion of a place in the Commonwealth Heritage List	69	49	Administrative delays
341M(5) Consider advice of the Australian Heritage Council and public comments	1	1	Administrative delays
R10.01 BH	8	8	Administrative delays

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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