department of the environment and heritage annual report 2004 - 2005, part 2

8/8/2019 Department of the Environment and Heritage annual report 2004 - 2005, Part 2

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i

Legislation annual reports

Some Acts that the Department of the Environment and Heritage administers

require the department or minister to provide annual reports on their operation to

the parliament.

What this volume contains

This volume contains seven annual reports about the following legislation:

theEnvironment Protection and Biodiversity Conservation Act 1999

the Fuel Quality Standards Act 2000

theHazardous Waste (Regulation of Exports and Imports) Act 1989

the Ozone Protection an d Synthetic Greenhouse Gas Man agement Act 1989

the Product Stewardship (Oil) Act 2000

the Protection of Movable Cultural Heritage Act 1986

the Water Efficiency Labelling and Standards Act 2005

What this volume does not contain

Annual reports about the following legislation administered by the department are

provided to the parliament separately:

theNatural Heritage Trust of Australia Act 1997

theEnvironm ent Protection (Alligator Rivers Region) Act 1978 (the Supervising

Scientists annual report)

theNational Environment Protection Council Act 1994

the Wet Tropics of Queenslan d World Heritage Area Conservation Act 1994.


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Department of the Environment and Heritage Legislation Reports 200405ii


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iii

Contents

Environment protection ................................ 1

Fuel quality ......................................................83

Hazardous waste ........................................ 101

Ozone protection ....................................... 111

Oil recycling ................................................. 121

Movable heritage ........................................ 135

Water efficiency ........................................... 151

Index ................................................................ 155


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Environment protection


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Environmentprotection

Department of the Environment and Heritage Legislation Reports 2004052

Contents

Introduction ............................................................................................................ 4

Overview ................................................................................................................. 4

1. Protecting environment and heritage..................................................... 7

1.1 Focusing on matters of national environmental significance ............................ 7

1.2 Proposals involving Commonwealth land and/ or actions ................................. 8

Actions by the Australian Government and actions on Commonwealth land .. 8

Advice on authorising actions ............................................................................ 9

Exemp tions ....................................................................................................... 10

1.3 Increasing intergovernmental cooperation ...................................................... 10

Bilateral agreements .......................................................................................... 10

Heritage management ....................................................................................... 11

Species Information Partnerships ..................................................................... 12

1.4 Providing an efficient, timely and effective assessment and approval process .. 13Referrals ............................................................................................................ 13

Assessment of controlled actions .................................................................... 16

Approvals .......................................................................................................... 18

Post referral and app roval verification, monitoring and auditing ................... 19

Review of the Administrative Guidelines on Significance ............................... 20

Strategic assessments ........................................................................................ 21

1.5 Transparency and public awareness ................................................................. 22

Increasing stakeholder and public awareness ................................................. 22

Enhancing community participation ................................................................ 25

EPBC Unit .......................................................................................................... 26

National Farmers Federation EPBC Act Information Officer .......................... 26

Consultation registers ........................................................................................ 27

Advisory committees ......................................................................................... 27

2. Conserving biodiversity ............................................................................ 29

2.1 Identifying and monitoring biodiversity .......................................................... 29

2.2 Protecting species and ecological communities .............................................. 29Listed threatened species and ecological communities ................................... 29

Migratory species .............................................................................................. 33


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Listed marine species ........................................................................................ 34

Whales and other cetaceans ............................................................................. 35

Recovery plans and threat abatement planssection 284 report ................... 36

Wildlife conservation p lanssection 298 report ............................................. 39

2.3 International movement of wildlife .................................................................. 39

CITES activities .................................................................................................. 40

Sustainable wildlife industries .......................................................................... 41Wildlife trade permits and programmes ........................................................... 41

2.4 Conservation agreements ................................................................................. 42

3. Managing heritage and protecting significant areas ........................ 43

Listing and managing heritage p laces in Australia ........................................... 43

World Heritage .................................................................................................. 44

National heritage ............................................................................................... 45

Commonwealth heritage .................................................................................. 46

Wetlands of international importance .............................................................. 49Biosphere reserves ............................................................................................ 49

4. Monitoring and compliance .................................................................... 50

Overview ........................................................................................................... 50

Monitoring and compliance activities under Part 3 ......................................... 51

Prosecutions under the EPBC Act ..................................................................... 52

Review of EPBC Act decisions ......................................................................... 54

5. Reporting ....................................................................................................... 56

State of the Environment reporting .................................................................. 56Section 516A reporting ...................................................................................... 56

Appendix 1 Statistics on the operation of the Act during 200405................... 57

Appendix 2 EPBC Act related publications during 200405 ............................. 74

Appendix 3 Functions and membership of advisory committees under the Act.. 75

Appendix 4 Compliance with timeframessection 518 report ....................... 78


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Operation of theEnvironm ent Protectionan d Biodiversity Conservation Act 1999

Introduction

This report describes the operation of theEnvironment Protection and Biodiversity

Conservation Act 1999 (EPBC Act) from 1 July 2004 to 30 June 2005. This is the

fifth annual report on the operation of the EPBC Act as required by section 516.

As in previous years, this report follows a format allowing examination of the

operation of the EPBC Act against the key priorities in implementing the EPBC Act.

These p riorities are:

ensuring a clear role for the Australian Government in protecting matters of

national environmental significance (addressed in Part 1.1 of this report)

providing effective protection of the environment in proposals involving the

Australian Government (Part 1.2)

increasing intergovernmental coop eration and reducing duplication (Part 1.3)

providing an efficient, timely and effective assessment and approval process

with certainty for stakeholders (Part 1.4)

increasing transparency and public awareness (Part 1.5)

taking an integrated approach to conserving biodiversity (Part 2)

managing heritage and protecting significant areas (Part 3)

developing an excellent monitoring and compliance regime (Part 4).

OverviewThe Australian Government, through the operation of the EPBC Act, continues

to protect matters of national environmental significancenamely the values of

World Heritage prop erties and national heritage places, the ecological character of

internationally important wetlands, nationally threatened species and ecological

communities, listed migratory species, the Commonwealth marine environment

and the environment generally from nuclear actions. In addition, the EPBC

Act provides protection for the environment in relation to proposals involving

Commonwealth land and regulates the activities of Australian Government

agencies that might significantly impact on the environment.


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During 200405 the Department of the Environment and Heritage received 360referrals. It was decided that 67 of these referrals (63 after reconsideration) were

controlled actions requiring assessment and app roval under the EPBC Act, and that

a further 41 actions (44 after reconsideration) could proceed without approval if

taken in a particular manner. Decisions on the level of assessment required were

made for 38 actions, with 25 actions to be assessed by preliminary documentation,

two by public environment report, four by an environmental impact statement and

seven through an accredited state or territory process. A further 10 assessments

were commenced under bilateral agreements. Thirty-eight assessments were

completed during 200405, with 76 proposals under assessment at 30 June 2005.

During the year the department also received seven requests for advice undersection 160 of the EPBC Act from Australian Government decision-makers.1

Following assessment 26 actions were approved with conditions attached to the

approvals designed to p rovide protection for matters of national significance and

the environment. Advice was provided under section 160 of the EPBC Act on six

occasions. Overall the statutory timeframes for referral, assessment and approval

decisions and actions were met on 83 per cent of occasions, a slight decrease

overall from previous years. This is indicative of the time required for decision-

making on an increasing number of complex and sensitive proposed actions, and

the increasing work resulting from actions referred in p revious years now enteringthe approvals phase.

The new heritage system under the EPBC Act came into force on 1 January 2004,

and 200405 was its first full year of operation. The new system provides for the

establishment of the National Heritage List and the addition of national heritage

values to the matters of national environmental significance. It also p rovides for

the protection of Australian Government owned or managed heritage places,

including by establishing the Commonwealth Heritage List and obliging Australian

Government agencies, including the department, to develop heritage strategies and

management plans to protect heritage p laces for which they have responsibility.

As at 30 June 2005 11 places had been included in the National Heritage List and337 on the Commonwealth Heritage List.

The departments Environment Investigations Unit completed its first full year of

operation in 200405, significantly enhancing the departments compliance and

enforcement capabilities. The unit provides specialised investigative skills, thus

improving the departments capacity to carry out higher-level law enforcement,

including formal investigation and prosecution of possible offences under the

EPBC Act. In November 2004 the department co-hosted the first Australasian

Environmental Law Enforcement Conference in Melbourne, at which the Australasian

Environmental Law Enforcement and Regulators Network was launched.

1 Section 160 applies to certain Australian Government authorisations, such as providing foreign aid that is likely to

have a significant impact on the environment. See page 9.


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In October 2004 the Federal Court of Australia imposed a record $450 000 penaltyon a NSW farmer and h is company for illegally clearing and p loughing a wetland

of international importance. This was the first civil prosecution against a party in

relation to a matter of national environmental significance under the EPBC Act.

The court handed down a penalty of $150 000 for the individual and $300 000 for

his company. The court also issued an injunction preventing further agricultural

activity on the land in question, including the running of livestock on the site until

at least 2007, and ordered rehabilitation of the site.

Illegal wildlife trade is also a major area of compliance and enforcement activity for

the department. The department works both to raise public awareness of wildlifetrade issues and to train officers of the Australian Customs Service to detect illegal

wildlife trade. Customs is responsible for implementing the wildlife provisions of

the EPBC Act at the border. Over the year the department initiated a programme of

face-to-face training in the wildlife p rovisions of the EPBC Act for Customs officers

nationwide. As part of this programme the department ensures that Customs

border staff have ongoing access to up -to-date information to assist them in their

detection of illegal wildlife trade.

Australia again p layed a leading role in achieving very positive outcomes under

the Convention on International Trade in Endangered Species of Wild Fauna andFlora (CITES) to conserve species threatened by over-exploitation for international

trade. At the CITES Conference of the Parties in October 2004 Australia successfully

campaigned for the listing of the great white shark on the Appendices to CITES

and played an active role in advancing the protection of a number of other species,

including strongly opposing prop osals that would have facilitated the resumption

of commercial whaling, and supporting proposals to add humphead wrasse

(a threatened reef fish) to the CITES App endices.

During the year the Minister for the Environment and Heritage made or adopted

61 recovery plans covering 91 terrestrial species and one ecological community.Three further recovery plans were made for 13 marine species, and three recovery

plans for Australias five threatened whale speciesthe humpback, the southern

right, and blue, fin and sei whales. These whale recovery plans have been in

preparation for a number of years and reflect the new streamlined approach

to recovery planning. This approach focuses on the key threats of whaling and

habitat degradation and outlines the necessary actions to ensure recovery, for

example better defining population numbers and habitat use, preventing all forms

of whaling, and protecting important whale habitat.


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1. Protecting environment and heritage

1.1 Focusing on matters of national environmental significance

An important means of protecting matters of national environmental significance is

through identifying them as controlling provisions for actions that are likely to have

significant environmental impacts and therefore require assessment and approval

under the EPBC Act. Provisions of the EPBC Act also require certain actions to be

undertaken in a particular manner to avoid adverse impacts on matters of national

environmental significance. During the year 193 matters of national environmentalsignificance, and the environment generally in relation to proposals involving

Commonwealth land or agencies, were protected through these processes

(see Table 5, App endix 1 of this report).

In 200405 the most frequent controlling provision was again listed threatened

species and ecological communities, followed by listed migratory species.

Listed threatened species and ecological communities were determined to be

a controlling provision for 58 proposed actions, or 92 per cent of all actions

determined to require approval. Listed migratory species were also determined to

be a controlling provision for 25 of these proposals.

There were 13 controlled action decisions where the ecological character of a

Ramsar wetland was the matter protected, and eight proposed actions where

World Heritage values were determined to be a controlling provision. In the first

full year of operation of the new national heritage provisions, no proposed actions

were determined to require approval due to likely significant impacts on national

heritage values, although five proposals were referred where impacts on national

heritage values were possible. There were five controlled action decisions where

the controlling provision was the Commonwealth marine environment; these were

predominantly projects relating to petroleum exploration and development. Nonuclear actions were p roposed during the year.

More than one matter protected under Part 3 of the EPBC Act was determined to be

a controlling provision for 33 of the 63 proposals determined to require approval.

These actions typically involved potential impacts on species listed as both

threatened and migratory, or listed species found in or near the Commonwealth

marine environment, World Heritage prop erties or Ramsar wetlands. For example,

a proposal to develop a tourist and residential estate at South Mission Beach

in Queensland was determined to be a controlled action under both the World

Heritage and the listed threatened species and communities provisions of the EPBCAct. This was due, in particular, to potential impacts on the southern cassowary,

listed as endangered under the EPBC Act, and impacts on the World Heritage


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values of the ad jacent Wet Tropics World HeritageArea, for which the southern cassowary is also a

listed value.

A total of 26 actions were approved in 200405

with a range of conditions to ensure that matters

of national environmental significance and the

environment were protected. Two proposals were

approved without conditions. At 30 June 2005

76 actions affecting matters protected by the EPBC

Act were undergoing assessment; that is, a decisionhad been made on the assessment approach but the

assessment was still to be completed. These ongoing

assessments include 15 assessments conducted

under bilateral agreements and 31 assessments

conducted under state or territory processes that

have been accredited on a case-by-case basis.

Table 6 in App endix 1 of this report lists the types and number of assessment

approaches used during 200405.

The focus of the EPBC Act on protecting matters of national environmentalsignificance continues to positively influence the way in which developers design

projects, utilising best practice methods and measures in order to minimise

potential impacts on these protected matters, thereby avoiding or minimising the

need for assessment and app roval under the EPBC Act.

1.2 Proposals involving Commonwealth land and/or actions

Actions by the Australian Governm ent an d actions on

Com m onw ealth landIn 200405 six actions were determined to require ap proval under the EPBC Act

because of likely significant impacts on the environment on Commonwealth land,

and a further four actions by Australian Government agencies were determined to

be controlled actions.

One of these actions was an Australian Government Department of Defence

proposal to conduct the Talisman Saber 2005 major military exercise. This action

involved Australian and US forces in a range of military training activities that

included aircraft operations, naval manoeuvres, amphibious landings, field

training, live fire activities, and engineering works. The action was approvedsubject to specified conditions and took p lace in June 2005 at several locations

across northern Australia, including on Commonwealth land at Shoalwater Bay

Southern cassowary

Photo: Wet Tropics Management

Authority, Queensland.


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in Queensland. The approval included an agreement that an audit would beconducted on the implementation of the Shoalwater Bay Training Area Strategic

Plan (1996) by November 2005. The department anticipates that this audit will

play an important role in setting the scene for the strategic assessment of Defence

activities and facilitate the assessment of future major exercises.

Actions by the Australian Government or actions on Commonwealth land can also

require approval because of potential impacts on matters of national environmental

significance. An action for which both Commonwealth land and a number of

matters of national environmen tal significance were found to be controlling

provisions is the proposal to rep lace a ferry service in the Cocos (Keeling) Islandswith a new hovercraft operation. The proposal has the potential to impact on

heritage-listed buildings on Home Island, green and hawksbill turtles, and the

endangered buff-banded rail. The assessment of this proposal continued in 200405,

with the department to complete an assessment report for the proposal shortly.

The department also published a review of the conservation values of

Commonwealth land in western Sydney. This review identified four properties that

contained areas of high conservation value that warrant further protection. The

four properties are at Llandilo, Ingleburn, Orchard Hills and Holsworthy. They all

contain important remnants of vegetation communities once widespread on theCumberland Plain. These d iverse and relatively large areas of remnant vegetation

provide important habitat at the regional and national scale for native flora and

fauna. The department is currently negotiating with the Australian Government

managers of these properties, Airservices Australia and Defence, to ensure that

future development of such land is compatible with good conservation practice.

Advice on au thorising actions

Section 160 of the EPBC Act requires Australian Government agencies, or

employees of the Australian Government, to obtain and consider advice fromthe Minister for the Environment and Heritage in relation to authorisation for

specified actions, where those actions are likely to have a significant impact on the

environment. Actions on which advice has been sought have included providing

foreign aid, managing aircraft operations in airspace, and implementing major

development plans for a number of airports.

During 200405 advice was sought under section 160 on seven occasions (see

Table 8, App endix 1 of this report). These projects included major development

plans for the Parafield, Brisbane and Gold Coast airports, which involved

proposals for urban and commercial development, runway modifications, anda road bypass. Advice was also sought from the Great Barrier Reef Marine Park

Authority regarding a permit to dredge the departure path of the Port of Hay Point,


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Queensland, and the disposal of up to 14 million cubic metres of spoil within theGreat Barrier Reef Marine Park.

The minister provided advice on the proposal by Gold Coast Airport Ltd to extend

its runway from 2042 metres to 2500 metres to allow aircraft using the airport to

operate over a longer range. The advice concluded that the environmental impacts

of the p roposal should not prevent the Minister for Transport and Regional Services

approving the proposed major development plan, subject to conditions. These

conditions included requirements for a construction environmental management

plan, a pre-construction survey for endangered plants, compensatory revegetation,

a tree management plan, sediment and contamination control, and monitoring ofconstruction noise. Recommendations were also made in relation to aircraft noise.

Chevron Texaco applied for a permit under the Environment Protection (Sea

Dumping) Act 1981 in April 2004 to dredge, excavate and dispose of 12 million

cubic metres of dredge spoil from channels adjacent to Barrow Island in Western

Australia. The prop osed action was referred under section 160 of the EPBC Act

and is to be assessed by environmental impact statement. During 200405 the

proponent continued preparation of a draft environmental impact statement in

consultation with the department. It is anticipated that the draft will be submitted

to the dep artment in 200506.

Exem ptions

In 200405 one exemp tion on national interest grounds from the EPBC Act

assessment and approval requirements was granted to the Department of Defence

for the consolidation of specific science and technology activities supporting the

Australian Defence Force. A limited exemp tion was also granted to the

AlburyWodonga Development Corporation in relation to the additional

assessment and approval requirements applying to Australian Government

agencies after demonstrating that it is required to comp ly with relevant state andterritory environment and planning laws.

1.3 Increasing intergovernmental cooperation

Bilateral agreem ents

A key objective of the EPBC Act is to p romote a partnership ap proach to

environmental protection and b iodiversity conservation. To this end, the EPBC

Act aims to strengthen intergovernmental cooperation, and minimise duplication,

through the establishment of bilateral agreements that enable transparent andeffective accreditation of state and territory environmental assessment, and

potentially approval, processes.


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In 200405 a bilateral agreement with Queensland was completed. Bilateralagreements accrediting specified state and territory assessment processes are now

in place with Tasmania, the Northern Territory, Western Australia and Queensland.

Such agreements ensure that proponents and the p ublic need only deal with a

single assessment process, but with Australian Government scrutiny maintained

through the Minister for the Environment and Heritage still being required to grant

approval and set conditions for the p roject. During the year 16 projects had been

or were being assessed under a bilateral agreement.

The Australian Government is currently in discussions with New South Wales

and Victoria to develop bilateral agreements with those states. The AustralianCapital Territory has advised that amendments to relevant legislation will need to

be completed prior to further consideration of a bilateral agreement, and South

Australia is assessing whether to pursue the development of such an agreement.

In the absence of a bilateral agreement, the duplication of Australian Government

and state or territory assessment processes continues to be significantly reduced

through the use of case-by-case accreditation and coordinated assessments.

Accredited assessments meet at least those standards that would be required under

a bilateral agreement. During the year 39 projects had been or were being assessed

under state or territory processes accredited on a case-by-case basis.

Bilateral agreements and case-by-case accreditations provide for a more

efficient, timely and effective environmental assessment process. Proponents

are required to prepare and submit only one set of assessment documentation,

with the transparency of the process maintained through comprehensive public

consultation requirements.

Heritage m an agem ent

As a signatory to the World Heritage Convention, the Australian Government

cooperates closely with state authorities to ensure the protection and promotionof state-managed World Heritage properties is consistent with Australias national

undertakings under the convention. During 200405 the Australian Government

was involved in consultations and funding for reviews of management

arrangements for a range of listed p roperties, and was also actively involved in

reviewing and updating community, Indigenous, and technical and scientific

consultative committees for state-managed World Heritage p roperties.

The department supports activities that relate directly to discharging Australias

World Heritage responsibilities and to priorities that reflect the national interest,

including promotion, community engagement, and the development of strategicpartnerships. During 200405 the Australian Government funded activities in

state-controlled World Heritage properties that included agreed on-ground


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priority projects and strategic management support activities. The latter includedcommunity consultation through management, technical and scientific, and

Indigenous advisory committees, and coordination of World Heritage management

through the engagement of World Heritage Area executive officers.

The Australian Government joined the Queensland Government and 18 Rainforest

Aboriginal tribal groups in the development of the Wet Tropics Regional

Agreement, which was signed in April 2005. During 200405 the Australian

Government also cooperated closely with the Queensland Government in the

prosecution of an individual charged with felling timber within a state national

park, located within the boundaries of the Central Eastern Rainforest ReservesWorld Heritage property.

The department prepared draft Regulations to the EPBC Act specifying criteria to

be met by state or territory management plans for World Heritage properties and/or

national heritage places in order for them to be accredited under the EPBC Act.

These Regulations will be made in July 2005.

Species Inform ation Partn erships

The department, in association with the Threatened Species Scientific Committee,

continued to work towards improving both consistency between AustralianGovernment, state and territory threatened species lists, and the exchange of

information to support the listing and recovery of threatened species.

During 200405 the Australian Government and the South Australian, Victorian,

Tasmanian and New South Wales governments discussed arrangements to

exchange species information through Species Information Partnerships. The

Western Australian and Northern Territory governments provided information

on endemic species as part of finalised partnership agreements. Many of these

endemic species were assessed by the Threatened Species Scientific Committee for

eligibility for listing as threatened under the EPBC Act.

To continue building on the Species Information Partnership formed with the

Northern Territory Government, the committee met with representatives from

the Northern Territory Parks and Wildlife Service and other stakeholders in Alice

Springs in June 2005 to d iscuss threatened species conservation.

Species Information Partnerships reduce duplication, allow for more targeted

expenditure of limited conservation resources, and facilitate the best possible

conservation outcomes for threatened species.


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1.4 Providing an efficient, timely and effective assessmentand approval process

Referrals

During 200405 360 actions were referred to the Australian Governmen t for

decision on whether approval was required under the EPBC Act. Approximately

13 per cent of these referrals were the result of compliance action taken by

the department, an increase from p revious years reflecting the departments

enhancement of its compliance and enforcement capabilities. A total of 67 actions

(63 after reconsideration) were determined to be controlled actions and a further

41 actions (44 after reconsideration) were determined to be not-controlled actions

if taken in a particular manner.

Profile of actions referred under the EPBC Act

As for the p revious year the largest number of referrals came from Queensland,

which continues to have the highest number of controlled action decisions. These

figures reflect the pattern of development along the Queensland coast, potentially

impacting on the Great Barrier Reef and Wet Tropics World Heritage properties

and a number of Ramsar wetlands. Table 3 in Appendix 1 of this report lists thenumbers of referrals and decisions made by jurisdiction during 200405.

Activity categories for which a relatively large number of referrals were received

in 200405 include new urban and commercial development; energy generation

and supply; exploration activities (including on- and off-shore mineral, oil and gas

exploration); tourism, recreation and conservation management; and mining.

Table 4 in App endix 1 of this report lists the numbers of referrals and decisions

made by activity category during 200405.

Statu tory tim efram es perform an ce (referrals)The timeframe for deciding whether an action requires approval is 20 business

days, including a 10-day public comment period. During the year there were

37 late decisions on referrals, or 11 per cent of the total number. This compares

with 40 late decisions in 200304 (14 per cent of the total referral decisions for that

year). The average number of business days late for referral decisions in 200405 was

1.6 days, compared to an average of 2.5 since the commencement of the EPBC Act.

Where the statutory timeframe was not met, this was due to the increasing number

of detailed and complex projects being referred. There was also the need to seek

legal advice in some cases, and to deal with complexities arising from amendmentsmade to the EPBC Act on 23 September 2003, in relation to referrals that form a

component of a larger action, penalty provisions app licable to particular manner


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decisions, and provisions that came into force on 1 January 2004 in relation to theheritage amendments.

Further demonstrating the increasing complexity of referrals, the 20-day timeframe

for decision-making on referrals was suspended 42 times in 200405. This was due

to the need to seek further information before a decision could be made.

Decision trendsparticu lar m an ners decisions

The EPBC Act provides for the minister to decide that a referred proposal is not a

controlled action p rovided it will be taken in a particular or specified manner. This

provision may be used when there is clear evidence that a particular mitigation oravoidance measure will be employed to avoid significant impacts. Under section

77A of the EPBC Act penalties apply to breaches of particular manner decisions.

A total of 41 referrals (44 after reconsideration) during 200405 were decided to

be not-controlled actions provided they were carried out in a particular manner.

Projects that are decided to be not-controlled actions provided they are carried

out in a particular manner are often specifically designed to minimise or eliminate

adverse impacts on matters of national environmental significance.

The department actively encourages proponents through its education activities

to design p rojects and activities in ways that avoid impacts on matters of nationalenvironmental significance. The use of the particular manner decision allows the

minister to lock in these design approaches. The department believes that the use

of the particular manner decision is an effective way of promoting and supporting

a shift to better environmental practices by key industries.

Case study

Using the particular manner decision to deliver better environmental outcomes

with a streamlined processIluka Resources Mineral Sands Mine, Western

Australia

Iluka Resources Ltd proposed to construct and operate a mineral sands mine

in the Cataby region of Western Australia, along the Brand Highway. The

department was concerned about the potential loss of known habitat for the

Carnabys cockatoo , a listed endangered species under the EPBC Act. As part

of its referral documentation the company provided a report on the cockatoo

usage of the area, including the areas likely significance for breeding and

feeding and the potential for increased habitat fragmentation as a result of the

companys proposal.


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On the basis of this report, and through extensive consultation with relevant

stakeholders (including the Carnabys Cockatoo Recovery Team, Birds

Australia, the Dandaragan Shire Council, and state agencies such as the WA

Department of Conservation and Land Management and the WA Department of

Environment), the company then developed a detailed management plan that

identified the likely impacts of its activity on the listed species, and outlined

a range of avoidance, mitigation and management measures to minimise

possible impacts.

These measures included using buffer zones; suspending mining adjacentto nest areas during the breeding season; relocating two known nest trees;

salvaging suitable natural hollows and providing artificial ho llows; controlling

competitors (honey bees, galahs, corellas and wood ducks); developing a

detailed revegetation plan coupled with a conservation covenant on restored

and rehabilitated areas post-mining; and continuing consultation with key

stakeholders.

It was determined that the proposal was not a controlled action provided

it was taken in a particular manner that required full implementation of the

comprehensive management plan. The company welcomed the particularmanner decision as recognition of the substantial work undertaken to identify

and adequately manage the potential for impacts on the Carnabys cockatoo. The

work also improved understanding of this listed species distribution in the area

and will enable an analysis over time of the mitigation measures effectiveness.

Statem ents of reasons

Subsection 77(4) of the EPBC Act allows a person taking an action that the minister

has decided is a controlled action to request reasons for the decision. During200405 the department handled 12 such requests.

Reconsideration of decisions

Eleven referral decisions were reconsidered in 200405, with six decisions being

revoked and substituted with a new decision (see Table 2, Appendix 1 of this report).

While the number of reconsiderations is small when compared to the total number

of referral decisions, by consulting with key interests the department ensures that

any reconsideration decisions maintain the transparency and public accountability

inherent in the overall framework of the EPBC Act. Reconsideration can be justified

and can contribute to better environmental outcomes where there is substantial newinformation on the likely impacts on the matters protected by the EPBC Act.


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Case study

Environmental impact assessment of the Coral Sea Pearls Pty Ltd aquaculture

development in the Great Sandy Strait, Queensland

The proposed action involved the development and operation of a pearl oyster

facility at four sites in the Great Sandy Strait. The facility would be developed

in three stages and cover approximately 200 hectares when fully developed.

The key issues related to potential impacts on humpback whales, green turtles,

loggerhead turtles, flatback turtles, leathery turtles, dugong, Indo-Pacifichumpback dolphins, and a Ramsar wetland of international importance.

Prior to formally submitting p reliminary documentation for the proposed

action in August 2004, the proponent sought extensive advice from the

department on the range of potential impacts that the department might

need to consider during assessment under the EPBC Act. As a result of these

discussions, the proponent submitted preliminary documentation that clearly

addressed all the key issues of concern and enabled the proposal to be

assessed on the preliminary documentation.

No public submissions were received on the preliminary documentationduring the public consultation process. However the departments assessment

report concluded that there was considerable uncertainty about the potential

for adverse impacts on humpback whales from the proposed action. The

department determined that, in order to ensure that the proposal was unlikely

to have an unacceptable impact on matters of national environmental

significance, the proponent would need to satisfy a range of conditions. The

approval conditions included entanglement protocols to aid the safe release

of animals and the submission of satisfactory compliance reports prior to

constructing stages 2 or 3 of the development. The conditions also provided for

a review of the facilitys operation to be undertaken if the minister believes that

changes are necessary to protect species listed under the EPBC Act.

This case demonstrates the departments ability to assist proponents with the

assessment process and achieve sound environmental outcomes.


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Approvals

Twenty-eight controlled actions were app roved in 200405, and a further four

were awaiting decision at 30 June 2005 (see Table 7, App endix 1 of this report).

Actions approved include the Port of Airlie Resort and Marina Development in

North Queensland; the Wambo Coal Mine Expansion in the Hunter Valley; the

Casino Offshore Gas Field Development in Bass Strait; the Roe Highway Extension

in Perth; and the establishment of a parachute drop zone for military exercises on

the Townsville Field Training Area (see case study below). Conditions attached to

approvals included plans to manage the environmental impacts of construction,

monitoring programmes, compensatory habitat, independent audits, and measuresfor managing impacts on cetacean species.

Statu tory tim efram es perform an ce (approvals)

Twelve out of 28 approval decisions were made outside the statutory timeframe

in 200405, or 43 per cent of the total number. These delays were due to the

complexities of the issues under consideration and included the resolution

of social and economic issues. Other factors contributing to delays included

complex condition setting and the need to acquire up-to-date information on

the distribution and population size of listed threatened species. The need foradditional consultation with proponents and with state and territory governments,

and discussions with other Australian Government agencies, also p rovided

challenges to meeting the statutory timeframes for approval decisions.

Case study

Approval of the Townsville Field Training Area Parachute Drop Zone, North

Queensland

The Townsville Field Training Area Parachute Drop Zone project proposed by

the Department of Defence was determined to be a controlled action due to

the potential significant impacts on the environment on Commonwealth land

and on the squatter pigeon (southern subspecies)a listed threatened species

under the EPBC Act.

The proposed action involves the establishment and ongoing maintenance of

a cleared drop zone for use in parachute exercises in the Keelbottom sector

of the Townsville Field Training Area. The p roposed drop zone site contains

mixed ironbark and Reid River box woodlands with a grassy ground layer. The

proposed action involves clearing app roximately 208 hectares of woodland

vegetation. The site is to be cleared of trees, stumps, termite mounds and


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rocks. Erosion gullies and minor creek lines are to be re-contoured to minimise

hazards to parachutists.

The squatter pigeon (southern), listed as vulnerable under the EPBC Act, may

be potentially impacted by the proposed action. However, trees are not a vital

habitat element for this species as it forages and nests on the ground. The

existing grassy understorey is to be retained on the parachute drop zone and is

likely to continue to provide suitable foraging habitat for the species.

Three sites of local Indigenous heritage significance have been identified

within or near the proposed drop zone. The archaeological remains at the

three sites have a high level of Indigenous cultural heritage significance, and

two isolated stone artefacts located within the p roposed drop zone were

relocated outside the drop zone boundary under guidance from traditional

owners.

The Townsville Field Training Area Parachute Drop Zone was approved under

the EPBC Act with conditions on 5 April 2005. App roval conditions aim to

minimise the environmental impacts of establishing the drop zone and include

such measures as installing permanent erosion and sediment control measures

in all drainage lines; revegetation works using local grass species; identifying

and controlling weed species; providing protection for cultural heritage sites

through the designation of no go areas on maps and construction diagrams;

and establishing buffer zones along drainage lines and Keelbottom Creek. The

approval decision provides strong measures for protecting the environment on

Commonwealth land, including Indigenous heritage and the squatter pigeon,

while allowing Defence training activities to go ahead.

Post referral an d approval verification, m onitoring and auditing

Monitoring and auditing enable the department to verify compliance by

proponents with conditions of approval (or particular manner decisions), and

to ensure that the department remains engaged in protecting matters of national

environmental significance beyond the completion of the formal approval process.

The department has established a database to monitor compliance with ap proval

and particular manner decisions. Checks to ensure approval and particular manner

conditions are being met are now being successfully undertaken. These checks

have exposed a number of non-conformities, which are being addressed.

The department commissioned a consultantAustralian Quality Assurance and

Superintendence Pty Ltd (AQUAS)to develop a strategy and manual to assist


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the department with a rolling programme of voluntary audits. The voluntary auditprogramme is a partnership be tween the department and industry to monitor

the ecological sustainability of actions and decisions. AQUAS also assisted the

dep artment with its 200405 audit programme, which took p lace in MayJune

2005. The audits included approvals, a particular manner decision and a permit

issued under theEnvironment Protection (Sea Dum ping) Act 1981 , and involved

a coalmine, a golf course development, two tourism developments and a dredging

campaign.

The 200405 audit programme was based on a series of trial audits undertaken in

200304 of offshore seismic surveys that had been determined to be not-controlledactions if taken in a particular manner. While the aud its found a high degree of

compliance with the departments Guidelines on the application of the EPBC Act

to interactions between offshore seismic operations and larger cetacean s, they also

highlighted areas where the guidelines were ambiguous or needed updating.

A revision of the guidelines is currently under way.

The 200405 audit programme continued to inform the department on the

EPBC Acts operation, including the efficacy of the departments administrative

procedures. Two of the 200405 audits are now being used to resolve identified

issues and develop better management p lans. The department also includesindependent audit of approval conditions as part of the condition set for riskier

projects. Each p roject is subjected to a risk assessment at the time of approval in

order to better target resources.

Review of the Administrative Guidelines on Significance

The Administrative Guidelines on Sign ifican ce provide guidance on actions that

should be referred to the Australian Government Minister for the Environment

and Heritage for a decision on whether assessment and approval are required

under the EPBC Act. The review of the guidelines, involving public comment andinterviews with a range of stakeholders, was nearing completion in June 2005.

New and revised guidelines will form part of a new framework of EPBC Act policy

statements aimed at providing the best possible guidance to stakeholders.

In response to requests, and the recommendations of the Australian National Audit

Office Performance Audit of Referrals, Assessments and Approvals under the EPBC

Act, the department has developed new Guidelines for actions by Commonwealth

agencies and actions on, or impacting upon, Commonwealth land. New industry

sector guidelines are also being developed, providing more detailed guidance for

the aquaculture, agriculture (land-clearing), wind farm and urban developmentsectors. New and revised guidelines will be released for public comment and trial

use before final revision and publication.


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Strategic assessm ents

Env ironm ental m an agem ent processes, procedures and systems governing

the condu ct of m ajor m ilitary training exercises

On 8 August 2004 the Minister for the Environment and Heritage agreed to a

request by the Minister for Defence, Senator the Hon Robert Hill, to conduct

a strategic assessment under the EPBC Act of the Department of Defences

environmental management processes, procedures and systems governing the

conduct of major military training exercises.

The public was invited to comment on the draft terms of reference for the strategicassessment of major military exercises in MarchApril 2005. The Department of

Defence will suggest changes to the terms of reference and, with the agreement of

the Environment and Defence Ministers, the terms of reference will be finalised. The

Department of Defence will then prepare a report that addresses how environmental

impacts associated with major military exercises are to be managed. The report will

be released for public comment before it is considered by the minister.

A strategic assessment of Defence exercises is unprecedented internationally. The

expected benefit is that it will provide a more efficient process under the EPBC Act

for considering the environmental impacts of major military exercises.

Offshore petroleum exploration and appraisal activities in Com m onwealth

waters

A strategic assessment is being undertaken that describes the offshore petroleum

exploration and appraisal activities undertaken in Commonwealth waters, and

assesses the likely environmental, social and economic impacts of these activities.

The draft assessment prepared by the Department of Industry, Tourism and Resources

(DITR) was made available for public comment in FebruaryMarch 2005. DITR is

currently finalising the assessment, taking into account the comments received.

Sustainable fisheries assessm ents

Under the EPBC Act, the Dep artment of the Environment and Heritage assesses

the environmental performance of fisheries management arrangements to ensure

that fisheries are managed in an ecologically sustainable way and to identify areas

for improvement. All fisheries with an export component, including state-managed

fisheries, are required to undergo assessment before 1 December 2005. A total of

129 fisheries have been identified for assessment and during 200405 a substantial

effort was devoted to completing 50 comprehensive fishery assessments, with the

outcomes published in detailed reports on the departments web site (see Table 11,App endix 1 for details). This brings the total of completed assessments to 88.

A further 24 fisheries were under active assessment at the end of 200405.


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These assessments involve a broad range of recommendations that requireAustralian Government, state and territory fishery management agencies to

demonstrate improved environmental performance, and actively enhance the

ecologically sustainable management of fisheries in the short to medium term.

As a result of these assessments, fisheries management agencies are demonstrating

an increased commitment to ecologically sustainable fisheries management

practices, such as spatial management, enhanced research and data collection

processes, cross-jurisdictional management approaches, harvest strategies for

target and by-product species, mitigation and monitoring of protected species

interactions, the development of enhanced reference points and performance

measures for both target and non-target species, and enhancements to compliance

systems and measures to better enforce management arrangements and address

illegal harvesting.

During 200405 41 fisheries had their assessment deadline extended until 1

December 2005 due to their particular management arrangements. Priority will

be given to completing these assessments. Another priority will be to develop, in

consultation with Australian Government, state and territory fisheries management

agencies, a re-assessment process for the next round of fishery assessments due to

commence in 2006.

In 200405 11 statements of reasons were p rovided in respect of decisions made

concerning the assessment of fisheries under the EPBC Act. These statements of

reasons related to decisions concerning five Commonwealth managed fisheries,

eight state or Northern Territory managed fisheries, and product taken from high

seas fisheries.

1.5 Transparency and public awareness

Increasing stakeholder and public awarenessThe EPBC Act web site (www.deh.gov.au/epbc/index.html) continues to play a

vital role in increasing stakeholder and public awareness of the Act. During

200405 the site was upgraded in response to public feedback, and now includes

streamlined access to frequently used components, as well as news highlights. The

site continues to facilitate community involvement by publishing EPBC Act-related

public notices and invitations to comment. Each week the web site lists all permits

issued or granted and all matters from the p revious week required by the Act to be

made available to the public.


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Referrals, assessments and approvals

Referral documentation and all principal decisions in relation to referrals,

assessments and approvals are posted on the site. Invitations to comment are

posted with referral documentation. During 200405 public comments were

received on 92 referrals. The EPBC Act Protected Matters Search Tool is also

available through the site, or directly at www.deh.gov.au/erin/ert/epbc/ index.html.

The draft public environment report for a proposal to replace a ferry service in

the Cocos (Keeling) Islands with a new hovercraft operation was published for

public comment in May 2005. In order to overcome possible language and literacy

obstacles, public meetings were held on Home Island and West Island, with the

assistance of interpreters, during the public comment period to ensure that the

local community had the opportunity to participate in the consultation process.

Heritage

During the year referral documentation on the EPBC Act web site was revised to

incorporate the new heritage requirements, and to recognise Indigenous issues

involved in protecting heritage values under the EPBC Act. Public awareness of

the Australian Governments role in heritage management was promoted through

improving the way in which advice and public notices are presented on thedepartments web site (at www.deh.gov.au/heritage/laws/index.html).

In August 2004 the $3 million Sharing Australias Stories programme was

announced, to promote awareness of Australias heritage places and contribute to

implementing the new heritage system.

Listed threatened species an d ecological com m unities

A major development in making information available to the public was the

launch of the Species Profile and Threats (SPRAT) database on the departments

web site at www.deh.gov.au/ sprat. The SPRAT database stores key biological

and ecological information on threatened species and ecological communities,

migratory species, marine species and species subject to international trade and

commercial use listed under the EPBC Act. It is designed to assist people to make

more accurate decisions about whether their proposed activity may require referral

for approval under the EPBC Act. The database also provides general information

on threatened species and ecological communities conservation. There is currently

information available on 400 listed species and new information is added regularly.

An information sheet on how to use SPRAT was produced and distributed to

stakeholders including consultants, state and territory government agencies andnon-government organisations.


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A frequently asked questions information guide about the commercially fishedspecies (southern bluefin tuna, orange roughy, eastern gemfish and school shark),

currently nominated for listing as threatened under the EPBC Act, was produced

and published on the departments web site at www.deh.gov.au/biodiversity/

threatened/nominations/fishfaq.html. The guide outlines the listing process

and the possible implications for stakeholders, should the species be listed as

threatened.

The department developed a communication strategy with the Australian Fisheries

Management Authority to improve fishers reporting of incidental interactions with

EPBC Act protected species such as dolphins, seals, whales and turtles. A protectedspecies identification guide was developed to assist fishers and the general public

to identify listed species and to encourage reporting of incidental capture.

As in previous years the department continued to publish new nominations of

threatened species, threatened ecological communities and key threatening

processes on the departments web site and to provide a formal two-month

public comment period. During 200405 a page was added to the web site

listing nominations that have been granted extensions to the 12-month statutory

timeframe for consideration by the Threatened Species Scientific Committee. This

has made it easier for interested p ersons to track the progress of nominations.Amendments to the lists of threatened species, threatened ecological communities

and key threatening processes, as well as the Threatened Species Scientific

Committees advices to the minister, continue to be published on the departments

web site.

Conservation advice was developed and published on the departments web site

for species and ecological communities listed in 200405. Pending the p roduction

of recovery plans, conservation advice provides guidance to regional planning

processors, community groups, landholders and other stakeholders on recovery

and threat abatement activities that can be undertaken immediately to assist theconservation and recovery of newly listed species or ecological communities.

Information sheets on listed ecological communities now include this conservation

advice. In relation to turtles and sharks, the department also communicates

recovery actions and key issues to the p ublic through regular newsletters,

distributed via the departments web site and by members of the National Turtle

and Shark Recovery Groups.


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Enhan cing comm unity participation

Presentations and workshops

During 200405 the dep artment gave increased emphasis to targeted

communications supporting voluntary compliance with EPBC Act requirements.

Key targets included agencies with regulatory and planning responsibilities that

have direct contact with people who may be affected by the EPBC Act. The

department held training sessions for key staff of local governments and Catchment

Management Authorities in Queensland, New South Wales, South Australia and

Victoria. The half-day sessions outlined the ways in which the EPBC Act may affectthese agencies clients and how the agencies can facilitate compliance.

This approach has led to closer and more effective cooperation between the

department and local and regional bodies, with many clients now receiving initial

information on the EPBC Act through these agencies. There has also been a

healthy exchange of information and views, allowing the department to adjust its

responses and processes to take account of feedback from people on the ground.

More than 20 training sessions, attracting between 20 and 40 participants, were

held throughout the eastern states during the year. These were supplemented

with visits to Western Australia and the Northern Territory by staff engaged in theenvironmental assessment of particular projects, who took the opportunity to brief

state and local government officials on general EPBC Act requirements and issues.

Regional risk a ssessm ent project

One outcome of the closer working relationship with local and regional bodies has

been the development of projects to establish baseline information and develop

an EPBC Act risk analysis for two h igh growth regions, one in Western Australia

and the other in Victoria. The department is working with local governments

and relevant regional bodies in the GeelongSurf Coast area in Victoria andin the region centered on Bunbury in Western Australia to develop a shared

understanding of the risks to matters of national environmental significance arising

from rapid urban development in those areas. These p rojects aim to produce both

data and advice for planning and regulatory agencies directly involved in those

regions. The projects are pilot projects designed to test the methodology for use in

other areas facing rapid growth over the next decade. Outcomes from the projects

are expected to be available later in 2005.


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EPBC Unit

The EPBC Unit is a joint project of WWF Australia, the Australian Council of

National Trusts and the Tasmanian Conservation Trust, with funding from the

Australian Government. The purpose of the EPBC Unit is to increase community

awareness of the EPBC Act, and to assist community interests to become involved

in its operation. During 200405 outreach services on the new heritage system

were integrated into the Unit. The EPBC Unit has made a significant contribution

to the successful operation of the EPBC Act through the active engagemen t of

stakeholders in relation to the operation and requirements of the EPBC Act.

National Farm ersFederation EPBC Act Inform ation Officer

In 2004-2005 the department and the National Farmers Federation (NFF) continued

to support the role of the NFF EPBC Act Information Officer in providing advice

and assistance to farmers and rural stakeholders on the EPBC Act. The EPBC Act

Information Officer provides:

clear, free explanations and advice about the EPBC Act

assistance with referral, assessment and approval processes

information products such as guides, fact sheets and web sites information and training about the EPBC Act to the NFF and associated

organisations and rural stakeholders

assistance with consultative processes, such as comments on nominations for

threatened species, ecological communities, key threatening processes, and

recovery plans

feedback to the NFF and the department about the operation of the EPBC Act in

rural areas.

The EPBC Act Information Officer continued to foster improved relationships

between the department, rural stakeholders, conservation groups, state and

territory agencies, and local governmen ts, and to give EPBC Act presentations to

farmers and rural stakeholders, particularly at the request of state and territory

farming organisations, commodity groups, and state and territory government

agencies in New South Wales, South Australia, Tasmania and Queensland. These

presentations, as well as radio interviews in the field, have greatly contributed to

raising EPBC Act awareness in the farming community.

The department, in collaboration with the EPBC Act Information Officer, continued

to up date the web page Farmers and the EPBC Act. The web page leads farmers

quickly to the information they need to work with the EPBC Act.

See www.deh.gov.au/epbc/farmers.


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Consultation registers

Under section 266A of the EPBC Act, a register is maintained for persons or bodies

interested in being invited to submit comments on permit app lications relating to

listed threatened species and ecological communities, listed migratory species,

cetaceans and listed marine species. The registration period is 12 months.

At 30 June 2005 15 people were registered.

Advisory comm ittees

Threatened Species Scientific Com m itteeThe Threatened Species Scientific Committee is appointed under subsection 502(3)

of the EPBC Act. The committees role is to advise the Minister for the Environment

and Heritage on amending and updating lists of threatened species, threatened

ecological communities and key threatening processes and on making or adopting

recovery plans and threat abatement plans. The committee may also provide

additional advice to the minister on issues relating to these responsibilities. The

current membership of the committee is listed in Table 12, Appendix 3 of this report.

In 200405 the committee met four times: on 1516 September 2004, 89

December 2004, 89 March 2005 and 1417 June 2005. A major focus of thecommittees work in 200405 was the assessment of the conservation status

of a large number of Northern Territory and Western Australian species that

are inconsistently listed under the EPBC Act and state or territory legislation.

Information to sup port the committees assessment was provided by the Northern

Territory and Western Australian governments.

The committee substantially progressed its assessment of several complex

threatened species nominations, including the koala and a number of commercially

fished marine species. Once its consideration of these nominations is finalised,

the committee will provide a recommendation to the minister on these specieseligibility for listing.

Throughout 200405 the committee discussed several strategic issues within its

terms of reference, including the conservation of marine species, developing

mechanisms for measuring the success of recovery plans, and effective solutions to

the challenges of listing threatened ecological communities.

Biological Diversity Advisory Com m ittee

The Biological Diversity Advisory Committee advises the minister on matters

relating to the conservation and ecologically sustainable use of biological diversity.The functions, terms of reference and current membership of the committee are

listed in Table 13, Appendix 3 of this report.


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The committee held its thirteenth meeting on 56 April 2005. At this meeting thecommittee agreed that climate change, long-term monitoring, taxonomy, and

biodiversity communication continue to be major areas requiring its attention.

At its twelfth meeting (in May 2004) the committee agreed that the lack of taxonomic

resources in Australia to meet demand constituted a taxonomic crisis. Therefore in

200405 the committee began working with stakeholders to ensure that implications

for biological diversity are considered in developing solutions to this problem.

The committee continued to focus attention on regional natural resource

management planning, through its contribution and commitment to the project

Evaluation of Biological Diversity Outcomes in the Natural Heritage Trust an dNational Action Plan for Salinity and Water Quality Regional Investment. The

committee expects to continue its input in 200506 as further advice is sought.

The committee published the bookletMakin g economic valuation work for

biodiversity conservation , building on the national Economic Value of Biodiversity

workshop, held in 2003 and jointly sponsored by the department and Land and

Water Australia.

During the year theNational biodiversity and climate change action plan 2004-2007

was released. The committee provided advice that informed the development of

the action p lanone of the first national plans in the world to identify actions toreduce the impact of climate change on biodiversity.

Indigenou s Advisory Com m ittee

The Indigenous Advisory Committee normally meets at least twice a year,

sometimes jointly with the Biological Diversity Advisory Committee. Meetings are

rotated around states and regions. In 200405 the committee met once, in May

2005 in Canberra.

The committee advises the minister on Indigenous issues under the EPBC Act.

Issues the committee advised on in 200405 include:

Indigenous involvement in the management of World Heritage areas

Indigenous involvement in the management of Ramsar wetlands

Indigenous involvement in the management of threatened species and

ecological communities

the EPBC Regulations under development relating to access to biological

resources in Commonwealth areas

bilateral agreements between the Australian Government and state and territory

governments concerning environmental impact assessment

Indigenous involvement in Commonwealth marine areas.The functions, terms of reference and current membership of the committee are

listed in Table 14, Appendix 3 of this report.


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2. Conserving biodiversity

2.1 Identifying and monitoring biodiversity

Inventories of listed threatened species etc. on Com m onwealth land

Under section 172 of the EPBC Act, inventories of listed threatened species and

ecological communities, listed migratory species and listed marine species on

Commonwealth land have been prepared. These inventories identify the p resence

and abundance of species and continue to be updated to take account of newspecies information as it becomes available. The information is used to inform

decisions under the EPBC Act and to update the Species Profile and Threats

(SPRAT) database.

Surveys of cetacean s, listed threatened species etc. in Com m on wealth

marine areas

Section 173 of the EPBC Act requires surveys of cetaceans, listed threatened species

and ecological communities, listed migratory species and listed marine species

in Commonwealth marine areas. During the rep orting period, the AustralianGovernment p rovided Natural Heritage Trust funding to 12 projects which included

surveys of cetaceans, including blue, southern right, humpback and sperm whales

and other small cetaceans. The information is used to inform decisions under the

EPBC Act and to update the Species Profile and Threats (SPRAT) database.

2.2 Protecting species and ecological communities

Listed th reaten ed species and ecological com m unities

During 200405 the Threatened Species Scientific Committee continued to advisethe minister on amending and updating the lists of threatened species, threatened

ecological communities and key threatening processes; and on making or adopting

recovery plans and threat abatement plans.

Listing process for species

There were 23 public nominations received under the EPBC Act for species during

200405. The minister made decisions on advice from the Threatened Species

Scientific Committee in regard to 30 species nominations, including a number of

nominations received p rior to July 2004, resulting in 25 amendments to the list ofthreatened species (see Table 9, App endix 1 of this report).


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The committee must provide advice to the minister within 12 months of receivinga nomination. Due to an administrative error, advice on one species was

approximately two weeks late. On all other occasions the deadline was met or an

extension sought as required. The minister made all 30 decisions on advice from

the Threatened Species Scientific Committee within the statutory 90-day timeframe.

During 200405 the minister made a decision to transfer the Galaxias pedderensis

(Pedder galaxias), a freshwater fish endemic to Tasmania, from the endangered

category to the extinct in the wild category. The Pedder galaxias is the first species

to be listed as extinct in the wild. The species was originally listed as endangered

under the previous Commonwealth threatened species legislation, the EndangeredSpecies Protection Act 1992, which did not have an extinct in the wild category.

The change in category was not representative of an increased level of threat to the

species, bu t an updating of the list to accurately reflect the species conservation

status and the new category available under the EPBC Act.

The species met the criteria for listing as extinct in the wild because it is only found

outside its natural range in two translocated populations, which are managed

for conservation purposes. As a listed threatened species, the Pedder galaxias is

a matter of national environmental significance; that is, if a proposed action is

likely to have a significant impact on the species the action must be referred to theAustralian Government for approval under the EPBC Act.

Listing process for ecological com m unities

In addressing the inherent complexity of adequately identifying and defining

broad-extent ecological communities, the ap proach to listing ecological

communities has been refined. The new approach more clearly defines the extent

and value of ecological communities. Traditionally, ecological communities

listed under the EPBC Act have been defined in such a way that a wide range of

condition classes are encompassed, from good to poor condition. Under the new

approach, developed by the Threatened Species Scientific Committee and agreed

to in-principle by the minister, condition classes are used to clearly define the

listed ecological community. While legislative protection is afforded to the listed

ecological community, recognition is also given to those components that are

degraded, but which could be recovered or which help conserve key ecological

functions. These degraded components are identified as suitable for natural

resource management investments such as the Natural Heritage Trust.

As at 30 June 2005 the Threatened Species Scientific Committee was considering 31

nominations to list ecological communities, and working through the assessment of

over 600 threatened ecological communities listed under relevant state and territory

legislation. To ensure that all ecological community listings are scientifically sound,


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31

the assessment of nominations includes extensive research, public consultation andreceiving the views of relevant experts. Six technical workshops involving experts

and Australian Government and state officials were held during the year to assist in

identifying the status of nominated ecological communities and to define condition

classes. Technical workshops were held for yellow boxred gum grassy woodland,

the irongrass natural temperate grassland of South Australia, peppermint box

grassy woodland of South Australia, weep ing myall woodlands, western (basalt)

plains natural temperate grasslands, and Victorian western basalt plains grassy

woodland.

Three new public nominations were received during the year, for the MissionRoad viney hardwood forest of Norfolk Island, coastal scrub on alkaline sand, and

temperate lowland p lains grassy wetland. The minister made decisions on advice

from the Threatened Species Scientific Committee in regard to three ecological

community nominations, resulting in three amendments to the list of ecological

communities. All three decisions were made within the statutory 90-day timeframe.

Listing process for key threatening processes

Two nominations were received under the EPBC Act for key threatening processes

during 200405. The minister made decisions on advice from the Threatened

Species Scientific Committee in regard to three key threatening processes resulting

in two amendments to the list of key threatening processes. These were the listing

of the biological effects, including lethal toxic ingestion, caused by cane toads (see

case study below), and the loss of biodiversity and ecosystem integrity following

invasion by the yellow crazy ant (An oplolepis gracilipes) on Christmas Island in the

Indian Ocean. The minister made all three decisions within the statutory 90-day

timeframe.

Case study

Biological effects caused by cane toads listed as a key threatening process

The b iological effects, including lethal toxic ingestion, caused by cane toads

(Bufo marinus) was listed as a key threatening p rocess in 200405.

The cane toad was introduced to Australia in 1935 to control two species of

cane beetle. Whilst the species was unsuccessful in controlling cane beetles,

it has proven to be h ighly invasive. Since its introduction to Australia, the cane

toad has spread south and west and now occurs in Queensland, the Northern

Territory and New South Wales.


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There is considerable concern amongst experts and the broader community

about the impact of the cane toad on native species through p redation and

competition. Cane toads also possess highly toxic chemical predator defences

and there are many scientific and anecdotal reports of deaths of native

predators that have attempted to consume cane toads. For example, recent

studies in Kakadu National Park have shown that northern quolls are becoming

locally extinct following cane toad invasion. The northern quoll was listed as

endangered during 200405, as it has undergone a substantial reduction in

numbers and is likely to continue to decline in the immediate future. Whilst

there may be several factors that have contributed to the current status of the

northern quoll, including changes in vegetation structure, fire frequency, and

the introduction of exotic herbivores, the invasion of cane toads throughout

their range has rapidly accelerated this decline.

Measures aimed at addressing cane toads currently under way include research

into biological and local control methods, working with the Western Australian

and Northern Territory governments and community groups to address the

advancing cane toad front, and the development of a national approach to

address cane toads by the Natural Resource Management Ministerial Council.

Changes to the Register of Critical Habitat

In 200405 critical habitat for the Ginninderra pepp ercress (Lepidium

ginninderrense) was added to the Register of Critical Habitat under section 207A

of the EPBC Act. The listed critical habitat is the northwest corner of the Belconnen

Naval Transmission Station, ACT, where the only known population of the species

occurs.

Perm its for listed threatened species an d ecological com m unities

department of the environment and heritage annual report 2004 - 2005, part 2

Documents