ts17 public consultation summary report€¦ · aecom’s experience, having regard to assumptions...

29-May-2017Prepared for – Department of Defence – ABN: 6870 6814 312

Talisman Saber 2017Department of Defence29-May-2017

TS17 Public ConsultationSummary Report

AECOM Talisman Saber 2017TS17 Public Consultation Summary Report


TS17 Public Consultation Summary Report

Client: Department of DefenceABN: 6870 6814 312

Prepared byAECOM Australia Pty LtdLevel 10, Tower Two, 727 Collins Street, Melbourne VIC 3008, AustraliaT +61 3 9653 1234 F +61 3 9654 7117 www.aecom.comABN 20 093 846 925

29-May-2017

Job No.: 60517266

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AECOM has prepared this document for the sole use of the Client and for a specific purpose, each as expressly stated in the document. No otherparty should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to anythird party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements andAECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professionalprinciples. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of whichmay not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.



Quality InformationDocument TS17 Public Consultation Summary Report

Ref 60517266

Date 29-May-2017

Prepared by Anneke Monte, James O'Donnell and Zara Marais

Reviewed by Matt MacFarlane

Revision History

Rev Revision Date DetailsAuthorised

Name/Position Signature

01 03-Apr-2017 For issue Matt MacFarlaneGroup DirectorEnvironment VSA

02 21-Apr-2017 For issue Matt MacFarlaneGroup DirectorEnvironment VSA

03 24-May-2017 Final Matt MacFarlaneGroup DirectorEnvironment VSA

04 29-May-2017 Final Matt MacFarlaneGroup DirectorEnvironment VSA



Table of Contents1.0 TS17 PER Consultation Process 1

1.1 Background 11.2 Scope of this Report 11.3 Consultation process 21.4 Ongoing consultation 4

2.0 Submissions and Queries 52.1 Method 5

2.1.1 Website analytics 52.1.2 Formal submissions 62.1.3 Phone calls, emails and queries 6

2.2 Locations 73.0 Stakeholder comments 8

3.1 Noise 83.1.1 Comments 83.1.2 Source of comments 83.1.3 Response to comments 8

3.2 Indigenous heritage 83.2.1 Comments 83.2.2 Source of comments 83.2.3 Response to comments 9

3.3 Impacts to marine habitat 93.3.1 Comment 93.3.2 Source of comment 93.3.3 Response to comment 9

3.4 Impacts to Marine Plants 103.4.1 Comment 103.4.2 Source of comment 103.4.3 Response to comment 10

3.5 Impacts to fisheries 103.5.1 Comment 103.5.2 Source of comment 103.5.3 Response to comment 11

3.6 Impacts to protected terrestrial species 113.6.1 Comment 113.6.2 Source of comment 113.6.3 Response to comment 11

3.7 Biosecurity 123.7.1 Comment 123.7.2 Source of comment 123.7.3 Response to comment 12

3.8 Chemicals and toxicity 123.8.1 Comments 123.8.2 Source of comments 123.8.3 Response to comments 12

3.9 Sonar Risks 133.9.1 Comment 133.9.2 Source of comment 133.9.3 Response to comment 13

3.10 Ballast Water 143.10.1 Comment 143.10.2 Source of comment 143.10.3 Response to comment 14

3.11 Discharge Incidental to Vessel Operations 143.11.1 Comment 143.11.2 Source of comment 14



3.11.3 Response to comment 143.12 Cumulative impacts 15

3.12.1 Comments 153.12.2 Source of comments 153.12.3 Response to comments 15

3.13 Environmental Audit 153.13.1 Comment 153.13.2 Source of comment 153.13.3 Response to comment 16

3.14 Reporting transparency 163.14.1 Comment 163.14.2 Source of comment 163.14.3 Response to comment 16

3.15 Environmental assessment and consultation process 173.15.1 Comments 173.15.2 Source of comments 173.15.3 Response to comments 17

3.16 EPBC Permit 173.16.1 Comment 173.16.2 Source of comment 173.16.3 Response to comment 17

3.17 Public consultation activities 183.17.1 Comments 183.17.2 Source of comments 183.17.3 Response to comments 18

3.18 Location of TS17 activities 183.18.1 Comments 183.18.2 Source of comments 183.18.3 Response to comments 19

3.19 Previous incidents 193.19.1 Comment 193.19.2 Source of comment 193.19.3 Response to comment 19

3.20 Suitability of the risk tool 193.20.1 Comment 193.20.2 Source of comment 193.20.3 Response to comment 19

3.21 Social and economic aspects 203.21.1 Comment 203.21.2 Source of comment 203.21.3 Response to comment 20

3.22 US Exemption from environmental legislation 203.22.1 Comment 203.22.2 Source of comment 203.22.3 Response to comment 20

3.23 Opposition to war 213.23.1 Comments 213.23.2 Source of comments 213.23.3 Response to comments 21

3.24 Opposition to training with the United States 213.24.1 Comment 213.24.2 Source of comment 213.24.3 Response to comment 21

3.25 Opposition to nuclear use 223.25.1 Comment 223.25.2 Source of comment 223.25.3 Response to comment 22

3.26 General 22



3.26.1 Comments 223.26.2 Source of comments 223.26.3 Response to comments 22

4.0 Risk Assessment and Management 234.1 Risk assessment process 234.2 Key risks identified in the PER 234.3 Changes to risks post-consultation 23

5.0 TS17 Environmental Management 245.1 Defence policies and operational controls 245.2 Exercise operational controls 24

6.0 Additional amphibious rehearsal beach landing sites 267.0 Conclusion 27

Appendix ACommonwealth, State and Territory Legislation A

Appendix BUpdated Risk Assessment Results B



AcronymsAAPA Aboriginal Areas Protection Authority

ADF Australian Defence Force

AFFF Aqueous Film Forming Foams

AMSA Australian Maritime Safety Authority

ARPANSA Australian Radiation Protection and Nuclear Safety Agency

ASW Anti-submarine Warfare

CBTA Cowley Beach Training Area

CECG (Main) Combined Exercise Control Group (Main)

CEI Combined Exercise Instruction

DAWR Department of Agriculture and Water Resources (Commonwealth)

DEHP Department of Environment and Heritage Protection (QLD)

DEPA Directorate of Environmental Protection and Assessments

DNPRSR Department of National Parks, Recreation, Sport and Racing (QLD)

DoEE Department of the Environment and Energy (Commonwealth)

EAC Environmental Advisory Committee

ECC Environmental Clearance Certificate

EMG Environmental Management Group

EMP Environmental Management Plan

EPA Environment Protection Agency

EPBC Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)

ER Environmental Report

GBRMP Great Barrier Reef Marine Park

GBRMPA Great Barrier Reef Marine Park Authority

HBTA Halifax Bay Training Area

IMO International Maritime Organisation

KFTA Kangaroo Flats Training Area

MBTA Mount Bundey Training Area

MNES Matters of National Environmental Significance

MOU Memorandum of Understanding

NFPMS Noise and Flight Path Monitoring System

NOI Notice of Intent

NT Northern Territory

OECD Organisation for Economic Co-operation and Development

OPORDs Operation Orders

PER Public Environment Report

PXR Post Exercise Report

Qld Queensland

RAAF Royal Australian Airforce



SWBTA Shoalwater Bay Training Area

TA Training Area

TFTA Townsville Field Training Area

TS17 Talisman Saber 2017

US United States

UXO Unexploded Ordnance

WHA World Heritage Area



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1.0 TS17 PER Consultation Process

1.1 BackgroundExercise Talisman Saber is an Australian Defence Force (ADF) and United States (US) Armed Forcescombined military training series focused on the planning and conduct of mid-intensity ‘high end’ warfighting. The exercises incorporate land-based, air and maritime activities conducted at variouslocations within the Northern Territory, Queensland and the Coral, Timor and Arafura Seas. TheExercise is conducted every second year and Exercise Talisman Saber 2017 (TS17) is planned forJuly and August 2017.

The main activities for TS17 will be conducted at designated ADF training facilities. The key traininglocations to be utilised for TS17 include Shoalwater Bay Training Area (SWBTA), Townsville FieldTraining Area (TFTA), Cowley Beach Training Area (CBTA), Halifax Bay Training Area (HBTA), andthe Stanage Bay area (a Non-Defence Training Area) in Queensland; Mount Bundey Training Area(MBTA) in the Northern Territory; and the Timor, Arafura and Coral Seas. In addition, Defence hasprovided advice that two additional non-Defence areas will be used (Upstart Bay between Bowen andTownsville, and Kings Beach, Bowen).

1.2 Scope of this ReportAECOM Australia Pty Ltd (AECOM) was commissioned by Defence to undertake the environmentalassessment for TS17, including the development of a Public Environment Report (PER), which wasreleased for public comment on 27 February 2017. The PER and attached Stanage Bay EnvironmentReport were available for public comment for 20 working days from 27 February to 24 March 2017.During this time, stakeholders were encouraged to provide feedback through a number of avenues.

This report has been developed to provide additional information received since the PER wasreleased, changes to assessments completed and presented in the PER, and an overview of thesubmissions and Defence’s response to the issues contained within them.

The responses to submissions have generally fallen into the following categories:

a. Comment noted, no action required;

b. Amendment to EMP mitigations, procedures and processes;

c. Recommendation that Defence conducts further consultation with relevant stakeholders;

d. Recommendation that Defence conducts further investigation and analysis; and / or

e. Provision of additional information to support PER content.

Several submissions included comments regarding compliance with State and Territory legislation.Defence’s position on compliance with State and Territory environmental legislation is stated in theDefence Environmental Policy (2016) as follows:

‘Defence complies with its legislative and regulatory obligations regardless of where it operatesand complies with the spirit and intent of state and territory environmental management legislationwhere it does not conflict with Commonwealth legislation’

This policy is supported and implemented through Defence processes and procedures. The State andTerritory environmental legislative requirements that have been identified as being applicable to TS17and that Defence aims to comply with, are outlined in Appendix A.

As a Commonwealth agency, Defence has undertaken a comprehensive environmental impactassessment (EIA) in consideration of the requirements of the Environment Protection and BiodiversityConservation Act 1999 (EPBC Act), and has developed a range of environmental managementmeasures to complement existing processes and procedures. Combined with past experience insuccessfully undertaking exercises of this scale, Defence is confident that the risk of significantenvironmental impacts as a result of the activity has been effectively minimised.



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In responding to comments, relevant thresholds for triggering various legislative requirements noted insubmissions have been considered and, where appropriate, further activities identified to increase thecertainty that these thresholds are unlikely to be exceeded. In some cases, this will include furtherconsultation with the relevant stakeholder to agree an appropriate course of action.

1.3 Consultation processAn integral component of TS17 is consultation with the community and stakeholders on potentialenvironmental impacts associated with the Exercise and the proposed environmental managementmeasures to address these. Information on TS17 and the public consultation process was providedthrough a range of community and stakeholder engagement activities including meetings with keystakeholders, advertisements in local and state / territory newspapers, provision of information via factsheets, a dedicated website, social media, a dedicated email address, a free-call number for queries,and library displays throughout the consultation period. The public consultation period on the draftTS17 PER took place for 20 business days between Monday 27 February to Friday 24 March 2017.The consultation activities that were established for, and carried out prior to and immediately followingrelease of the draft PER, comprised the following:

· Key stakeholder engagement: Letters were sent in mid-February 2017 to key stakeholdersadvising them of the release of the draft PER, exhibition period and community consultationactivities. Stakeholders were encouraged to visit the TS17 PER website to access fact sheets andan electronic copy of the PER, and to distribute this information via their social media and digitalnetworks. Key stakeholders included relevant:

- Landowners and leaseholders;

- Community groups;

- Local councils; and

- State and territory government departments.

· Newspaper advertising: newspaper advertising informing the public of the PER consultationperiod was placed on 27 February 2017. The newspaper advertisement, shown in Figure 1, wasplaced in The Australian, The Courier-Mail, and The Rockhampton Morning Bulletin. Theadvertisement detailed the release of the draft PER, the timeframes for the submission period andwhere further information could be accessed, for example, via the website or static displays.

Figure 1 TS17 Newspaper advertisement



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· Fact sheets: Four fact sheets were produced to provide general background information on theactivity including key potential impacts and environmental management and to educatestakeholders and the community about the Exercise. The fact sheets made available were:

- Fact Sheet #1 – About the Exercise;

- Fact Sheet #2 – Potential Environmental Issues and Management;

- Fact Sheet #3 – Environmental Documents and Controls; and

- Fact Sheet #4 – Community Consultation Process.

The fact sheets were made available from 27 February 2017 at static displays, on the TS17 PERwebsite and at local libraries and relevant community centres.

· Social Media: The use of social media was considered an appropriate method for engaging withinterested parties. A number of stakeholder groups with social media pages were approached tosee whether they would make a post concerning availability of the PER for public comment (seeTable 1 for details of the organisations approached).

Table 1 Social and digital media stakeholders

Stakeholder Type Reach

Capricorn Coast Landcare Group Inc. Community group 366 Page Likes

Plumtree Store – Stanage Local business 1,415 Page Likes

Northern Territory Government Government 1,711 Page Likes

Rockhampton Regional Council Government 13,598 Page Likes

Cassowary Coast Regional Council Government 2,231 Page Likes

Hinchinbrook Shire Council Government 1,533 Page Likes

Isaac Regional Council Government 4,150 Page

Townsville City Council Government 13,044 Page Likes

Of the approached organisations, only Capricorn Coast Landcare Group Inc. and Plumtree Store– Stanage posted TS17 related media.

· Website: A dedicated TS17 PER website was established to promote awareness and progress ofthe PER process. The website facilitated access to information such as fact sheets and was usedto publicise community consultation opportunities throughout the PER consultation period. Thewebsite was launched on 27 February and was active for the full duration of the consultationperiod. Details of website use are provided in Section 2.1.1.

· Communication mechanisms: A ‘freecall’ (1800) information hotline and email address wereestablished for the draft PER consultation period. These communication mechanisms providedthe community and stakeholders with additional avenues to obtain information and providefeedback. These were activated for the consultation period.

· Static displays were established at venues readily accessible by the public and with highpedestrian traffic such as shopping centres and the libraries of townships near key Exerciselocations for the duration of the consultation period. Static displays were located at:

- Plumtree Store, Stanage Bay;

- Rockhampton Regional Library;

- Byfield Library;

- Innisfail Library;



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- CityLibraries Townsville – Flinders Street; and

- Darwin City Library

Static displays provided an opportunity for the community and stakeholders to review the draftPER and receive information outside public display sessions, accommodating communitymembers who are shift workers or encounter other challenges with availability. Static displayscontained fact sheets, posters, copies of the draft PER and contact details for the TS17 PublicConsultation team.

· Individual briefings were held with traditional owners of the Shoalwater Bay area during February2017. No other meetings were requested by stakeholders.

A total of seven submissions, two queries, two comments and three requests for extension werereceived during the public consultation phase. Defence also accepted three submissions made afterthe closing date. Details of the submissions are provided in Section 2.0.

1.4 Ongoing consultationDefence provides regular updates to the community on environmental matters relating to ShoalwaterBay Training Area through the Environmental Advisory Committee (EAC). The EAC membershipincludes local community groups in addition to Commonwealth (Great Barrier Reef Marine ParkAuthority (GBRMPA)) and State Government departmental representation from the Department ofEnvironment and Heritage Protection (DEHP) and the Department of National Parks, Recreation,Sport and Racing (DNPRSR). The EAC receives updates on major training exercises including theTalisman Saber series.

In addition, Defence has engaged with State and Territory agencies across portfolios coveringenvironment, natural resources, emergency services and policing in the Northern Territory andQueensland with regard to the conduct of TS17 at SWBTA and other locations. This engagement isadditional to the ongoing liaison with Commonwealth agencies and will continue through the finalplanning stages and into execution.



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2.0 Submissions and Queries

2.1 MethodThe promulgation of information regarding the TS17 PER Public Consultation phase resulted in anumber of website visits and downloads of the PER and attached Stanage Bay ER. As a result, anumber of submissions and queries were received from interested parties including local councils,state government agencies, community organisations and the general public.

2.1.1 Website analytics

The dedicated TS PER website went live at the commencement of the public consultation period andprovided information on the Exercise, fact sheets about TS17 and the PER process, an avenue forsubmitting comments, and high and low resolution versions of the PER and attached Stanage Bay ERfor download. Analytics of the website traffic and usage showed that:

· The page received 1,019 total page views:

- 68 page views in Week 1;

- 199 page views in Week 2;

- 474 page views in Week 3; and

- 545 page views in Week 4.

· There were 439 unique page views over the consultation period;

· 47% of the unique page views and 51% of total page views were to the home page;

· The top locations for persons visiting the webpage were as follows:

- 27% from Darwin;

- 10% from Brisbane;

- 7% from Canberra;

- 5% from Melbourne;

- 3% from Adelaide; and

- 3% from international visitors;

· Site visitors spent on average 1 minute 22 seconds on the page;

· The majority of page views were on 8 Mar 2017 which coincided with requests sent to variousorganisations to promote the TS17 PER release on social media; and

· Two organisations (Capricorn Coast Landcare Group and the Plumtree Store – Stanage Bay)posted links to the TS17 PER following requests from AECOM.

Unique page views translated into a high number of downloads of the report, as detailed in Table 2.Table 2 TS17 associated report downloads

Report Number ofdownloads

Country of origin ofwebsite visitors

PER PER Part 1 (High resolution with figures) 171 87% from Australia and13% from other countries

PER Part 2 (High resolution with figures) 53 91% from Australia and9% from other countries

Reduced PER (Low Resolution withoutfigures)

35 94% from Australia and6% from other countries



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Report Number ofdownloads

Country of origin ofwebsite visitors

Stanage BayER

Full ER (High resolution with Figures) 46 94% from Australia and6% from other countries

Reduced ER (Low resolution withoutfigures)

24 88% from Australia and12% from other countries

Cumulative downloads 329

2.1.2 Formal submissions

The consultation process resulted in seven formal submissions. Formal submissions and associatedcomments were received from:

· Qld Government Department of Agriculture and Fisheries, relating to impacts to fisheries(Section 3.4) and biosecurity (Section 3.6);

· Fitzroy Basin Association, relating to indigenous heritage (Section 3.2), public consultationactivities (Section 3.16) and reporting transparency (Section 3.13);

· Livingstone Shire Council, with support for the aims, content and quality of the draft PER, andraising concerns as to the cumulative impacts of the Exercise activities (Section 3.9);

· Friends of the Earth Brisbane, relating to indigenous heritage (Section 3.2), impacts to marinehabitat (Section 3.3), chemicals and toxicity (Section 3.8), cumulative impacts (Section 3.9),opposition to war (Section 3.19), opposition to training with the US (Section 3.24), social andeconomic aspects (Section 3.25), previous incidents (Section 3.19), and US exemption fromenvironmental legislation (Section 3.22);

· NT EPA, relating to noise (Section 3.1), impact to protected terrestrial species (Section 3.6),chemicals and toxicity (Section 3.8), an environmental audit (Section 3.13), reportingtransparency (Section 3.14), the environmental assessment and consultation process (Section3.15), EPBC permits (Section 3.16), public consultation activities (Section 3.17), location ofTS17 activities (Section 3.18) and general comments (Section 3.26); and

· Two interested members of the public provided comments relating to noise (Section 3.1), publicconsultation activities (Section 3.16), and opposition to war (Section 3.19).

Details on the comments provided and the responses are provided in Section 3.0, includingidentification of additional mitigation measures to be adopted during TS17.

2.1.3 Phone calls, emails and queries

The consultation phase resulted in a total of 6 telephone calls and the receipt of one email. Theseincluded:

· An individual from the Central Queensland Military Museum enquiring as to the date of the TSRockhampton Open Day;

· An individual bringing attention to the potential opportunity to undertake baseline noise monitoringof the Royal Australian Airforce (RAAF) and US aircraft flyovers at the residential homes in theLudmilla estate (note: this informal comment was subsequently followed up by a formal lettersubmission);

· An individual’s opinion that conflict-resolution practices should be based on negotiation andcooperation rather than competition;

· Hinchinbrook Shire Council enquiring as to what activities occur in the Hinchinbrook area; and

· Requests for extensions on submission deadlines from:

- An interested member of the public;



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- The NT Minister for Environment and Natural Resources; and

- The NT Environment Protection Agency (EPA).

All stakeholder queries have been addressed with relevant information passed to Defence for furtherconsideration where required. Parties who enquired about an extension to timeframes for submissionwere advised that the submission deadline would be extended until 29 March 2017, with no furthersubmissions accepted beyond this date. Defence will accept late submissions beyond the advertiseddate based on merit.

2.2 LocationsSubmissions and queries were primarily received from areas in relative proximity to key Exerciseareas, such as in and surrounding Darwin, Townsville and Rockhampton. The submissions andqueries were primarily received from state and local government agencies as well as individuals.

The majority (approximately 90 per cent) of report downloads were from within Australia, with theremaining downloads attributable to the US, Vietnam, the Netherlands, Thailand, France and Russia.Within Australia, most interest was from areas in proximity to key Exercise locations.



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3.0 Stakeholder comments

3.1 Noise3.1.1 Comments

Comments were made regarding the potential noise impacts from aircraft on residents who live nearthe airport at Darwin. It was requested that Defence undertake noise monitoring in the vicinity of RAAFbases used for TS17 (i.e. RAAF Base Darwin) to establish a benchmark for this type of exercise. Itwas further requested that the results of the noise monitoring be made public.

In addition, it was requested that Defence provide further detail with regard to flight times, particularlyfrom late evening to early morning, and how Defence will receive and respond to communitycomplaints regarding noise.

3.1.2 Source of comments

The comments were made by an interested party in Darwin and by the NT EPA.

3.1.3 Response to comments

TS17 will result in a temporary increase in noise for some residents in the vicinity of the RAAF basessupporting TS17, including RAAF Base Darwin. Defence commits to undertake flying operations in amanner which is considerate of local communities, whilst maintaining the safe operation of aircraft.The Aircraft Noise Management Strategy outlines how Defence is working with local communities,including those in the vicinity of RAAF Base Darwin, to address potential noise impacts(http://www.defence.gov.au/AircraftNoise/_Master/Docs/Default/Aircraft%20Noise%20Management%20Strategy%20brochure.pdf).

In accordance with the RAAF Aircraft Operations Environment Management Plan and EnvironmentalPlanning Handbook, restrictions will be placed on flight paths and hours of operations to minimise theextent of the impact. Military flights from Defence RAAF bases will be conducted during standardoperational hours for each base with effort made to minimise noise impacts on local communities inaccordance with the RAAF ‘Fly Neighbourly’ policy(http://www.defence.gov.au/aircraftnoise/_Master/docs/default/Fly%20Neighbourly%20Policy.pdf).

As a joint user facility, noise management at RAAF Base Darwin is controlled by aircraft noiseabatement procedures and noise monitoring by Darwin International Airport. In addition, Defencenoise monitoring includes the use of a Noise and Flight Path Monitoring System (NFPMS) to monitormilitary aircraft noise. The NFPMS provides information about aircraft noise for the public in a formatthat is easy to read and understand. Information on noise monitoring for Darwin International Airportcan be attained from Airservices Australia (http://www.airservicesaustralia.com/aircraftnoise/darwin-international-airport/) and further information regarding noise management and mitigation at RAAFBase Darwin is available at (http://www.defence.gov.au/AircraftNoise/Darwin/noisemitigation.asp).

The TS17 PER Risk Assessment evaluated the risk of impacts to public amenity from noise related toair activities over Defence sites. It was determined that the risk of impact to public amenity was lowconsidering the standard and additional control measures that will be implemented (see the TS PER,Section 7.2.8).

3.2 Indigenous heritage3.2.1 Comments

Comments were made regarding use of the Stanage Bay area for TS17 considering the indigenousheritage values of the area are poorly understood as well as general comments regarding impacts tocultural heritage. It was submitted that Defence should engage with indigenous communities in theStanage Bay area to attempt to establish the location of culturally sensitive areas.


The comments were made by the Fitzroy Basin Association and Friends of the Earth Brisbane.



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In order to minimise the risk of impacts occurring, Defence has mapped areas containing knownheritage values and will declare these areas as ‘No-Go’ areas during the activity, along with a bufferaround these sites. In addition, off-road vehicle movement will be restricted to limit the risk ofaccidental disturbance and a ‘chance finds’ management procedure will be implemented.

Defence recognises the importance of consulting with indigenous groups and recognised TraditionalOwners to improve understanding of the tangible and intangible heritage values on Defence sites andareas that Defence proposes to use, such as the Stanage Bay area. For all Commonwealth trainingareas on Australian soil, there are established, long-standing consultation procedures and practices inplace between the ADF and any Traditional Owners.

Defence is actively engaging with the Darumbal people, as the Traditional Owners of the Stanage Bayarea and Shoalwater Bay Training Area (SWBTA), to identify and protect areas with cultural heritagevalues that may be impacted by TS17. For the Stanage Bay area, indigenous heritage values are notwell documented so Traditional Owner observers will accompany Environmental Management Group(EMG) Field Teams during activities in this area. This engagement builds upon existing Native TitleAgreements and the ongoing relationship between Defence and the Traditional Owners through theSWBTA EAC, which was established for the purpose of providing advice on environmental mattersand consists of representatives from Defence, the local community and business organisations.

The TS17 PER Risk Assessment evaluated the risk of impacts to indigenous heritage values fromactivities in the Stanage Bay area. It was determined that the potential impact to heritage values fromTS17 activities has a medium risk rating with standard and additional environmental controlsimplemented (see TS17 PER Section 7.2.14 for further information on controls).

3.3 Impacts to marine habitat3.3.1 Comment

Comment was made about the use and potential impacts to important marine environments in theGreat Barrier Reef, such as the area around SWBTA, and Ramsar wetlands.

3.3.2 Source of comment

The comments were made by Friends of the Earth Brisbane.

3.3.3 Response to comment

Defence is committed to ensuring that impacts to the marine environment are minimised during TS17and as part of routine activities, particularly in the Great Barrier Reef and Ramsar wetlands. Defencehas signed a Memorandum of Understanding (MOU) with GBRMPA as the Commonwealth agencyresponsible for overall management of the land and sea areas that fall within the Great Barrier ReefMarine Park (GBRMP). The MOU established a framework for joint planning, management andinformation sharing and was most recently updated in 2016. Defence and GBRMPA meet annually todiscuss issues arising from Defence use of the Great Barrier Reef and GBRMPA is included inplanning for Defence activities, including TS17. For TS17, GBRMPA has been involved in the TS17risk assessment workshop and Defence continues to engage with GBRMPA regarding the activity andenvironmental impact minimisation efforts.

Ramsar wetlands are present at SWBTA, MBTA in the Coral Sea and in the Timor and Arafura Sea.Defence manages and mitigates its impact on these Ramsar sites through restriction of off-roadvehicle movement and aircraft movement over land-based Ramsar sites, implementation of biosecuritymeasures, close management of waste and regulation of inshore activities involving watercraft,amphibious vehicles and beach landings to prevent damage to Ramsar areas. The impacts from TS17on the Ramsar sites in the vicinity of the Exercise activities will be limited due to the short duration andlimited spatial distribution of the activity. In addition, the activities that will be undertaken for TS17 willbe consistent with activities that are routinely undertaken at CBTA and MBTA and these activities aredescribed and managed through the Range Standing Orders and Service Environmental ManagementPlans (EMPs) for these sites.

The TS17 PER Risk Assessment evaluated the risk of impacts to marine habitat from TS17 activities.It was determined that there are a number of potential impacts to marine habitat such as damage to



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coral, seagrass or benthic habitat, or from sedimentation or other impacts to water quality. Thesepotential impacts will be reduced through implementation of standard control measures as well asthrough additional TS17 mitigation measures such as field testing of amphibious approaches,determination of discharge boxes and avoidance of seagrass beds (see the TS17 PER Section 7.2.5and Section 7.2.6 for further information). With the application of the above measures the risk fromthe activity is considered to be low.

3.4 Impacts to Marine Plants3.4.1 Comment

Comment was made regarding the potential impacts to marine plants including seagrass, marinealgae, mangroves, mangrove ferns, saltcouch, or samphire species whether living, dead, standing orfallen. It was noted that marine plants are protected under Queensland legislation and that approvalsare required under the Fisheries Act 1994 for removal, destruction or damage of marine plants.


The comment was made by the Qld Department of Agriculture and Fisheries.


Defence is committed to ensuring that impacts to marine plants, particularly seagrass, are minimisedduring TS17. Defence will minimise impacts through, where possible, avoiding areas containingmarine plants, particularly during amphibious landings which is the activity considered to be the mostlikely to result in damage if conducted without appropriate controls.

For beaches where amphibious landings will be conducted, areas that have been mapped ascontaining marine plants will be avoided where practical, particularly seagrass beds in shallowerreaches, which may be adversely impacted by the passage of landing vessels and amphibiousvehicles. In addition, low tide will be avoided for landing exercises (except for Landing Craft AirCushion hovercraft) to further reduce the risk of damage or disturbance of marine plants in theintertidal zone where damage from amphibious vessels is more likely to occur.

Planned approach routes for amphibious vessels will be inspected in advance of the landings andrefined (if required) to minimise the likelihood of impact in areas containing marine plants. Anydamage or injury to marine plants would therefore be considered unlikely, unintentional and unlikely toresult in any significant residual impact.

Defence has engaged with a number of Queensland and Northern Territory state agencies in relationto the nature of activities that will be conducted as part of TS17. The means by which Defence hasconsidered and will manage environmental aspects protected under Queensland and NorthernTerritory legislation (i.e. marine plants) in order to meet the intent of legislative instruments have beenagreed and will be implemented.

The TS17 PER Risk Assessment evaluated the risk of impacts to marine plants from TS17 activities. Itwas determined that the risk of impact to marine plants was low considering the standard andadditional control measures that will be implemented (see the TS PER, Section 7.2.6).

3.5 Impacts to fisheries3.5.1 Comment

Comment was made about the impact of TS17 on fisheries resources such as marine plants,waterways providing for fish passage and declared Fish Habitat Areas within SWBTA, CBTA, TFTA,HBTA and the Stanage Bay area. It was noted that marine plants are protected under Queenslandlegislation and that approvals are required under the Fisheries Act 1994 for constructing or raising anybarrier across a waterway (freshwater or tidal).





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Defence recognises the importance of minimising or avoiding impacts to fisheries resources fromTS17 activities. For activities at Training Areas (TAs), the activities proposed for TS17 are consistentwith activities conducted routinely at the sites. Defence has restrictions in place in Standing Orders toreduce the likelihood and consequence of impacts to waterways including minimum setback distancesfor administration, refuelling and ablutions areas and an internal approvals process (EnvironmentalClearance Certificates (ECCs)) required for crossing waterways anywhere other than at designatedcrossing points. There is no intention and a low likelihood that the TS17 activities will block fishpassages either physically or through severing of biological, hydrological or chemical connectivity.

For activities in the Stanage Bay area, movement of vehicles, equipment and machinery will berestricted to existing crossings on permanent tracks only and will be conducted away from areascontaining mangroves, estuaries or declared Fish Habitat Areas.

The TS17 PER Risk Assessment evaluated the risk of impacts to fisheries from TS17 activities. It wasdetermined that the risk of impact to fisheries was low considering the standard and additional controlmeasures that will be implemented (see the TS PER, Section 7.2.5).

3.6 Impacts to protected terrestrial species3.6.1 Comment

Comment was made about the presence of feeding habitat for the threatened Gouldian Finch(Erythrura gouldiae) and the occurrence of the endangered Yellow-Snouted Gecko (Lucasiumoccultum) at MBTA. Further information was requested on the risk assessment for these species andhow Defence intends to avoid or mitigate risks and potential impacts to these species.


The comment was made by the NT EPA.


TS17 activities at MBTA will be consistent with routine use of the site for military training purposes. Allroutine environmental management measures contained in Standing Orders, Standing OperatingProcedures and EMPs will be implemented during TS17. Additional mitigation measures specificallydeveloped for TS17 will be implemented through the TS17 EMP and TS17 ECC. These documentsinclude measures to reduce impacts on protected species and ecological communities throughdesignating ‘No-Go’ areas, specifying vehicle / equipment hygiene measures, designating areas whereexplosive ordnance may be used and requiring reporting of environmental incidents.

MBTA has been used for military training since 1992 and prior to that it was used for commercialgrazing. Defence management of the TA has been instrumental in the retention and enhancement ofits high conservation values, both through the exclusion of commercial and recreational activities andthe ongoing active management of the area for both conservation and military outcomes. These arenot mutually exclusive, as Defence needs to maintain the area in a natural state to provide a realistictraining environment, in addition to fulfilling its obligations under environmental legislation.

The risk assessment regarding potential impacts to the Gouldian Finch and Yellow-Snouted Geckotakes into account that the TS17 activities are consistent with routine activities at MBTA, the routineand additional impact reduction measures, and the knowledge regarding presence and distribution ofthese species at the site.

The TS17 PER Risk Assessment evaluated the risk of impacts to protected terrestrial fauna and floraspecies from TS17 activities. It was determined that the risk of impact to protected terrestrial specieswas low considering the standard and additional control measures that will be implemented (see theTS PER, Section 7.2.4).



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3.7 Biosecurity3.7.1 Comment

Comment was made about the potential biosecurity risks associated with the activity with regard toplant and animal pests, diseases and contaminants.



3.7.3 Response to commentDefence recognises the threat to the environment posed by biosecurity risks. This risk is managed onDefence sites through the Defence manual titled ‘Management of Biosecurity and OverabundantNative Species (BONS) on the Defence Estate’. Minimisation and mitigation of biosecurity risks duringTS17 will be through implementation of vehicle, equipment and machinery wash-downs prior toamphibious landings and prior to entry to TAs. This includes inspection of foreign vessels and cleaningand inspection of equipment in accordance with the Commonwealth Department of Water andAgriculture requirements.

The TS17 PER Risk Assessment evaluated the risk of biosecurity impacts from TS17 activities. It wasdetermined that the biosecurity risk is medium considering the standard and additional controlmeasures that will be implemented (see the TS PER, Section 7.2.1 and Section 7.2.2).

3.8 Chemicals and toxicity3.8.1 Comments

Comments were made about the potential for pollution, impacts to water quality and marineecosystems from the introduction of toxic materials and chemicals associated with military activities,including from use of explosive ordnance. It was submitted that Defence should notify stateGovernment agencies if an incident were to occur that could result in pollution leaving Defence land.Concern was also raised about the use of Aqueous Film Forming Foams (AFFF) and thecontamination that could result from this use and the requirement for fuel storage and the standardsthat this storage will meet.


The comments were made by Friends of the Earth Brisbane and by the NT EPA.


Extensive mitigation measures have been developed to reduce the risk of chemical spills andcumulative toxicity in any area where TS17 activities will occur.

Whilst explosive ordnance will be used during TS17, these will be used in accordance with militaryinstruction and will be directed into approved weapons ranges on Defence Training Areas only. Tolimit the potential for contamination, mitigations have been developed based upon scientific evidencewith studies of the residues from high explosives finding that less than 1 % of the explosives usedremains, with the majority of explosive compounds consumed in the explosion (Hewitt, et al., 2003).Hewitt (2003, 2005) acknowledge that there are some areas of uncertainty in their results but concludethat the results that are available should be used until better data becomes available. Hewitt 2003 wasused to inform the establishment of appropriate risk ratings and mitigation activities as no additionaldata beyond this study could be identified during the PER development.

All users of Defence training areas are required to adhere to TA Standing Orders and exercise specificenvironmental instructions in ECCs and, for example, the TS17 EMP, to ensure compliance withDefence policy and Commonwealth legislation including the EPBC Act. ECCs and EMPs specify theenvironmental mitigation and management requirements for each non-routine training activity andmust be approved before the training can commence. These documents and the TA Standing Ordersdetail procedures for water resource protection and pollution prevention.

Defence has existing, well-established processes for the response and management of environmentalincidents. Standing Orders, Standard Operating Procedures, the TS17 EMP and the TS17 ECCs



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specify mitigation measures to reduce the risk of environmental incidents occurring. In the event thatan incident occurs, incident response procedures will be implemented to minimise damage and toinitiate repair. Incident reporting procedures to be followed by the EMG include escalationrequirements depending on the nature and location of an incident to enable reporting to externalorganisations if required. This ensures the appropriate response is initiated including satisfyingmandatory reporting obligations under the EPBC Act, GBRMP Act and others as appropriate. A Post-Exercise Briefing will be held with key stakeholders to discuss compliance with the TS17 EMP, anyenvironmental incidents, and opportunities for continual improvement.

Exercise planning and preparatory measures include the establishment of processes and proceduresfor remediation of incidents with the potential for adverse environmental impacts. Such measuresinclude pre-emptive contracts for hydrocarbon / chemical remediation in the event of a spill.Procedures and contact details for reporting of incidents also forms part of the referencedocumentation prepared for the EMG.

The conduct of TS17 does not include fire fighting training and as a consequence there is no intentionto employ any fire fighting chemicals as part of the Exercise. However, in the event of an emergencythat threatens life or property, the emergency response may involve the use of fire fighting chemicalsin order to control the threat. In such instances, post-emergency clean-up will include considerations ofthe need for decontamination of fire fighting chemicals and any other compounds involved in theincident. Clean-up will seek to ensure that legacy contamination issues do not remain at theconclusion of the incident response. Further information on the historical use of fire fighting chemicalssuch as AFFF and management of legacy issues can be found at:http://www.defence.gov.au/id/PFOSPFOA/Default.asp

With regard to fuel storage, Defence has established mandatory requirements for the operation,installation, management and removal of fuel farms including bulk fuel farms, aboveground storagetanks, underground storage tanks, underground petroleum storage systems. Fuel Storage is managedunder Defence Contamination Directive 5(http://www.defence.gov.au/estatemanagement/governance/policy/environment/contamination/Docs/Toolbox/Directive5UST.pdf). If fuel storage is required during TS17 then this will be compliant withDefence policies and procedures including requirements for minimum infrastructure standards such asbunding and spill containment measures.

The TS17 PER Risk Assessment evaluated the risk of pollution and the risk of impacts from chemicaluse. It was determined that the risk of pollution and the risk of impacts from chemical use is mediumwith the implementation of standard and additional control measures (see the TS PER, Section 7.2.15and Section 7.2.16).

3.9 Sonar Risks3.9.1 Comment

Comment was made about the adverse impacts of active and passive sonar use on marine mammals(particularly whales) and fish.


The comment was made by Friends of the Earth Brisbane.


A comprehensive range of measures will be implemented to minimise impact to whales and othermarine fauna as a result of TS17. These mitigation measures will be adopted by both the RoyalAustralian Navy and US Navy and include:

· Compliance with power-down / shut-down schemes of mitigation whereby if a whale is sighted bylookouts within certain distances of vessels or equipment then sonar is shut down;

· Acoustic sensors will be used to supplement the use of lookouts when available;

· As far as practicable, use of sonar will be conducted as far out to sea as possible and away fromany known concentration of whales or migration routes;



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· Ships will not intentionally approach whales; and

· Any incidents of whale strike will be reported through respective chains of command.

Both Australia and the United States have evaluated the available science to determine the range ofeffects for species from the use of sonar and to establish the respective mitigation measures. Thesemitigation measures have been routinely implemented to minimise impacts to marine mammals.

The TS17 PER Risk Assessment evaluated the risk of sonar impacts from TS17 activities. It wasdetermined that the sonar risk is medium with the implementation of standard and additional controlmeasures (see the TS PER, Section 7.2.5).

3.10 Ballast Water3.10.1 Comment

Comment was made regarding potential introduction of exotic species resulting from ballast waterdischarge.



3.10.3 Response to commentThe risk of introduction or dispersal of an invasive species will be managed through preventionactivities and control activities. The Maritime Activities EMP has specific guidance and instructions tominimise the risk of marine pests, such as ballast water uptake and discharge, transfer of cargo,cleaning of small boats and trailers and movement of equipment between marine areas. Ballast waterdischarge is regulated by the International Maritime Organisation’s Ballast Water Convention and inAustralia, by the Australian Ballast Water Management Requirements (v6) (Department of Agricultureand Water Resources, 2016).

For TS17, Exercise instructions will specify management of ballast water. Ships fitted with flushableballast tanks will conduct ballast water exchanges in accordance with international and Australianrequirements and will occur in authorised discharge locations that are broadly consistent witharrangements for commercial shipping.

The TS17 PER Risk Assessment evaluated the risk of ballast water discharge during TS17 activities. Itwas determined that the ballast water discharge risk is medium considering the standard andadditional control measures that will be implemented (see the TS PER, Section 7.2.5 and Section7.2.7).

3.11 Discharge Incidental to Vessel Operations3.11.1 Comment

Comment was made about disposal of waste at sea by Australian and US vessels.

3.11.2 Source of commentThe comment was made by Friends of the Earth Brisbane.


The Exercise does not propose to undertake any activities that would constitute sea dumping inaccordance with the Environment Protection (Sea Dumping) Act 1981. Planned environmental controlswill further ensure that impacts to the marine environment are minimised to the greatest extentpracticable.

Disposal of waste at sea will be carried out in accordance with the International Convention for thePrevention of Pollution from Ships (MARPOL 73/78), and the requirements of this Convention arepromulgated through country specific policy and legislation.



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TS17 Combined Exercise Instructions (CEI) will specify management of various forms of waste byvessels. This will include requirements that:

· Hazardous wastes generated by warships will be contained within these ships and will not bedischarged at sea in accordance with Basel Convention obligations;

· No plastic waste is discharged at sea;

· Targets, parachutes, and unmanned underwater vehicles are recovered to the maximum extentpracticable consistent with operational and personnel safety;

· Dumping of garbage within a Marine Park (including the Great Barrier Reef Marine Park) isprohibited; and

· Within the GBRMP, discharge of black-water for non-International Maritime Organisation (IMO)compliant vessels is limited to locations agreed through consultation with GBRMPA.

The TS17 PER Risk Assessment evaluated the risk of discharge incidental to vessel operation fromTS17 activities. It was determined that the risk of incidental discharge at sea is low considering thestandard and additional control measures that will be implemented (see the TS PER, Section 7.2.7).

3.12 Cumulative impacts3.12.1 Comments

Comments were made regarding the cumulative impacts of military uses of the region and it wasrequested that the Post Exercise Report (PXR), end of year monitoring, evaluation and reviewconsider the cumulative impact of TS17 alongside other military uses of the area.

3.12.2 Source of commentsThe comments were made by the Livingstone Shire Council and Friends of the Earth Brisbane.


Defence notes that the TS17 activities will primarily be conducted at TAs and that the activities at TAsare consistent with military training conducted at these sites as standard practice. In addition, thenumber of participants for TS17 is consistent with previous activities. Defence carries out periodicmonitoring as part of its ongoing management of its TAs and the outcomes of this inform thecontinuous improvement of environmental management at the TA and across the Defence Estate.The monitoring includes assessment of trends and changes in condition over time and this will capturecumulative impacts if they occur.

Biosecurity measures that will be in place for all aspects of the Exercise will be implemented forinternational personnel and equipment in conjunction with support from the Department of Agricultureand Water Resources (DAWR). For domestic biosecurity protection, additional measures such aswash down requirements for vehicles moving between training areas, avoidance of known weedinfestations and compliance with RSO also seek to mitigate the potential for impacts to biosecurity.The temporary and short term nature of impacts associated with TS17 further limit the potential forcumulative effects to the area.

A Post Exercise Report is developed after each exercise which details any impacts, recommendationsfor future and ongoing management, remediation requirements and any additional monitoringrequirements.

3.13 Environmental Audit3.13.1 Comment

It was recommended that Defence undertakes an extensive environmental audit of the respectiveexercises to assess the performance of the environmental management strategies.


The comment was made by the NT EPA.



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Defence monitors the implementation of standard and additional environmental mitigation measuresthroughout Talisman Saber through the EMG. The EMG is made up of a military team comprisingengineers and environmental specialists from both ADF and US Forces, as well as environmentalpolicy advisors from Defence and GBRMPA. The EMG was established in the planning phase and willhave the key responsibility for monitoring during TS17 and reporting at the conclusion of the Exercise.Whilst the EMG does not audit against each individual environmental mitigation measure specified inthe EMP and in standard operational controls, the EMG will ensure that environmental protectionmeasures are implemented effectively through monitoring of the activity. This will include verifying thatthe TS17 EMP, ECCs, Standing Orders, Standard Operating Procedures and the requirements ofDEPA’s TS17 Environmental Assessment Report conditions are adhered to. They will also identifywhere safety or security incidents have environmental impact implications which need to be evaluated.The EMG also responds to environmental incidents, provides advice to military commanders onenvironmental mitigation and avoidance measures and ensures that environmental incidents arereported correctly.

This process has been implemented since the commencement of the Talisman Saber series and hasresulted in continual improvements over time using an efficient process. Defence believes that thisprocess, together with post-activity reporting and routine monitoring at TAs is sufficient to identifyareas where improvement is required.

3.14 Reporting transparency3.14.1 Comment

It was submitted that Defence should make the TS17 EMP and PXR and supporting documentationsuch as Standing Orders and Standard Operating Procedures available to the public so that it could bedetermined whether environmental risks have been suitably avoided or mitigated. It was furthersubmitted that Defence should provide more detail about the military activities such as times / durationand scale of exercises.


The comments were made by the Fitzroy Basin Association and the NT EPA.


The TS17 EMP is used by Defence to manage environmental risks and has not been prepared as apublic document. Similarly, the PXR will be prepared as an internal document designed to enhanceenvironmental performance in future iterations of Exercise Talisman Saber and not suited to publicrelease. The EMP and PXR contain classified information such as names, contact numbers, militaryprocedure documents and operational details that are not suitable for public release. Defence hasadvised the submitting organisation that answers can be provided on specific questions regardingenvironmental mitigations to be implemented during TS17.

Detailed military information such as the information provided in Standing Orders and StandardOperating Instructions cannot be released publicly as these are restricted documents containingclassified information. The PER provides details of military activities and the vessels, equipment andmachinery that will be involved in TS17 in an attempt to convey the nature of the activities to beundertaken during TS17. The scope and activities for TS17 are similar to previous Talisman Saberactivities and each of these activities has undergone a similar assessment of environmental and socialimpacts and mitigation measures. These mitigation measures have been tested, incorporated andimproved upon during each Talisman Saber exercise and this information has been considered in theplanning of TS17. For information on the risk assessment process, the potential environmental risksassociated with TS17 and the residual risks following implementation of additional mitigationmeasures, refer to Section 4.0.



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3.15 Environmental assessment and consultation process3.15.1 Comments

Comments were made about the nature of the environmental assessment process associated withTS17 and it was submitted that the activity should be referred for consideration under a formalregulatory environmental assessment process under the EPBC Act. Specific concerns related to a lackof formal engagement with the EPBC process, insufficient exposure to public scrutiny and the lack offormal engagement with relevant offices and branches within the NT Government.


The comments were made by an interested party in Darwin and the NT EPA.


Defence complies with the EPBC Act as the key environmental legislative instrument for protection ofmatters of national environmental significance. In developing the TS17 PER, a self-assessment ofpotential environmental impacts was undertaken in accordance with the policy guidelines “EPBC ActPolicy Statement 1.2 Significant Impact Guidelines – Actions on, or impacting upon, Commonwealthland and Actions by Commonwealth Agencies” (Commonwealth Department of Environment andHeritage 2010) (SIG 1.2).

The assessment undertaken in accordance with SIG 1.2 determined that anticipated environmentalimpacts from TS17 are unlikely to be significant when the suite of environmental controls to beimplemented for TS17 is taken into account. Nevertheless, in the interest of continual improvement ofthe environmental management of Talisman Saber exercises, the PER process has been followed andthe TS17 PER released for public comment to enable public scrutiny of the process and assessment.Defence has also conducted consultation with relevant state and territory departments, traditionalowners, other Commonwealth agencies in addition to community and business stakeholders in non-Defence training areas and other areas adjacent to locations where the exercise will be conducted

The demonstrated avoidance of any significant impacts during previous iterations of Talisman Saberexercises provides confidence that Defence’s evolved environmental planning and managementsystems are effective and can be relied upon to manage the environmental impacts of TS17.

3.16 EPBC Permit3.16.1 Comment

It was submitted that Defence should apply for a permit under Section 201 of the EPBC Act as TS17has the potential to kill or injure a threatened species or ecological community on Commonwealth landor in a Commonwealth marine area, which is an offence under Section 196 of the EPBC Act.


The submission was made by the NT EPA.


While accidental impacts on individual members of species that may be protected under the EPBC Actare possible, such impacts are not predictable and have not occurred in the past due to thecomprehensive suite of environmental mitigation measures applied at Defence sites. Existing reportingprotocols would treat such impacts as incidents and these would be reported to DoEE for investigationwherever appropriate. The TS17 PER considered the risk of this impact occurring and identifiedstandard and additional control measures (see the TS17 PER Section 7.2.4 and Section 7.2.5) toreduce the likelihood of a member of a listed threatened species or ecological community being killedor injured. These mitigation measures are considered to be sufficient for managing this risk andreducing the risk to as low as reasonably practicable.



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3.17 Public consultation activities3.17.1 Comments

Enquiries were received regarding public consultation and engagement activities for the TS17 PER.This included enquiries regarding:

· Late submissions;

· Accessing hard copies of the report; and

· The Talisman Saber Rockhampton Open Day.


The enquiries and comments were made by the following stakeholders;

· Central Queensland Military Museum;

· Fitzroy Basin Association;

· Interested party (Darwin);

· NT Department of the Environment and Natural Resources; and

· NT EPA.


The TS17 PER consultation process included provision of electronic and physical copies of the PERand attached Stanage Bay Environment Report for comment by interested stakeholders and membersof the public.

Physical copies, CDs and factsheets regarding the PER were provided at six locations in the regionswhere the TS17 activities are proposed to occur. Booths containing information on TS17 were set upin Stanage Bay, Innisfail Library, Rockhampton Regional Library, Byfield Library, City LibrariesTownsville (Flinders Street) and the Darwin City Library. It has not yet been decided by Defence as towhether a Talisman Saber Open Day will be held in Rockhampton this year, however if this eventproceeds then information on TS17 will be provided at the event.

Electronic versions, including a reduced size version for ease of downloading, were provided on adedicated Talisman Saber website and interested parties were directed to the website throughadvertisements placed in newspapers, on websites and in letters sent directly to key stakeholders,including stakeholders who had made submissions regarding the activity in previous years.

The TS17 PER Consultation Phase was conducted from 27 February to 24 March 2017 (20 businessdays). Defence received two requests for the Department to consider late submissions and theserequests were accepted. However, only one of the requesting organisations lodged a late submissionafter notification was sent to them that their late submission would be accepted. Two unanticipatedlate submissions were also accepted by Defence.

3.18 Location of TS17 activities3.18.1 Comments

An enquiry was received regarding the nature of activities that would be conducted in the HinchinbrookShire Council area. It was separately submitted that the Mary River National Park in the NorthernTerritory is a declared National Park under the NT Territory Parks and Wildlife Conservation Act 2014,not a proposed park as advised in the PER.


The enquiry was raised by the Hinchinbrook Shire Council and the submission was made by the NTEPA.



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TS17 activities will be conducted in the NT at MBTA, and in Qld at SWBTA, TFTA, HBTA and CBTA.Amphibious landings are planned to be carried out at SWBTA and on non-Defence land at Stanage Bay.Maritime activities will take place within the Arafura, Timor and Coral Seas, including waters within theGBRMP and in the vicinity of and approaches to TFTA, CBTA, HBTA and SWBTA. Support activitieswill be conducted from port facilities in Qld and NT (primarily Darwin, Gladstone, and Townsville),RAAF Bases at Darwin, Tindal, Townsville, and Amberley; Rockhampton Airport; Defenceaccommodation at Darwin (Robertson Barracks and Larrakeyah Barracks) and Rockhampton(Camp Rocky); minor training areas to support out-of-exercise ancillary practice comprising RobertsonBarracks Close Training Area and Kangaroo Flats Training Area; and Defence administration facilities inCanberra.

There will be movement of military vehicles and personnel via roads, in the air and offshore betweenthe training areas. Activities during TS17 at TAs will be the same activities that usually take place atthese sites and will be completed in accordance with Defence policy and guidelines, includingguidelines to reduce impacts on neighbouring areas.

It is acknowledged that the Mary River National Park is a declared park under the NT Territory Parksand Wildlife Conservation Act 2014.

3.19 Previous incidents3.19.1 CommentComment was made regarding environmental incidents alleged to have occurred during previousTalisman Saber Exercises. This included emergency jettison of ordnance into the Great Barrier ReefMarine Park in a military activity in 2013, inappropriate waste disposal, an oil spill and an aircraftcrash. It is noted that these incidents did not occur during Talisman Saber Exercises.




TS17 is being carefully planned so that risks to the environment are reduced to an acceptable levelthrough the development and implementation of extensive mitigation measures. In addition, thelikelihood for potential environmental incidents has been minimised as much as possible through a riskmanagement approach and the development of associated strategies to minimise or mitigate the risksof accidents and incidents (refer to Section 4.0 and Section 5.0). The procedures for this areaddressed in the Exercise EMP and enforced through the military chain of command. Monitoring willbe undertaken by the Unit Environmental Liaison Officers and the EMG to ensure that mitigationmeasures are adhered to and any incidents are responded to rapidly, effectively and in accordancewith established procedures (see Section 3.19). Incidents that have occurred during previousTalisman Saber and other Exercises have been used as the basis for review and improvement to theplanning and execution of military activities and have been incorporated into standard Defenceoperational controls.

3.20 Suitability of the risk tool3.20.1 Comment

Comment was made that the use of the Defence Environmental Risk Tool as the basis for the riskassessment within the PER was insufficient as the tool was developed by Defence.




Defence’s Environmental Risk Tool framework is based on the Australian / New Zealand StandardsAS / NZS 4360:2004 Risk Management. Similar risk tools are widely applied throughout Australiaduring the impact assessment process and it is common for an organisation to adapt the AS / NZS



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4360:2004 framework to suit their organisation’s activities and processes. Whilst it is acknowledgedthat there are limitations associated with these types of tools, they remain the most commonly usedmethod to assess risk. All risk assessments have an element of subjectivity and uncertainty and it isthe function of these types of tools to reduce this as much as possible, so that the potential risks canbe identified and a comprehensive suite of mitigation actions applied. The TS17 risk assessment hasbeen completed with input and the collective knowledge of Defence personnel, GBRMPA and industryenvironmental professionals with extensive experience of Defence and environmental impactassessment process.

3.21 Social and economic aspects3.21.1 Comment

Comment was made that the PER fails to assess the impacts of military activities on communities asthey are “…linked to increased violence, drug-related crime, rape and crisis in hosting communitiesand are part of an ongoing legacy of colonisation…”.




There has been no evidence of a correlation between military activities and the social issues referredto in the comment. The PER and associated consultation has and will continue to ensureenvironmental risks, including social and economic issues, are appropriately managed and theexercise is carried out in compliance with applicable legislation. Australian and US personnelparticipating in TS17 are subject to Australian civil law and Australian Military law which addressesanti-social behaviour. US forces are also subject to US military rules and regulations. Unacceptablebehaviour by ADF or by US personnel is not tolerated and personnel who break civil or militaryregulations are disciplined.

3.22 US Exemption from environmental legislation3.22.1 CommentComment was made regarding possible exemption of the US military from Australian environmentallegislation.




The US will be participating in TS17 alongside Australian troops and troops from New Zealand,Canada and Japan. The aim of the TS17 PER is to identify and assess the potential environmentalimpacts of TS17 activities – this includes the potential for significant impacts on Matters of NationalEnvironmental Significance under the Environment Protection and Biodiversity Conservation Act 1999(EPBC Act), as well as ‘the environment’ more broadly as defined in Section 528 of the EPBC Act.Results of the PER are documented in the TS17 EMP, which sets out the framework for themanagement, mitigation and monitoring of potential environmental impacts and provides detailedguidance for the management of environmental issues during the Exercise. Requirements of the EMPwill be recognised in the Combined Exercise Instruction (CEI); the overarching managementinstruction establishing the framework for operational control of all Exercise activities and for thecoordination and deconfliction of subordinate plans and orders.

Operation Orders (OPORDs) provide executive instructions to participating forces and prescribe allmatters relevant to the conduct of the military operational aspects of the Exercise. The TS17 OPORDwill link with the environment protection requirements derived from the CEI.

All TS17 participants must comply with the Operation Order and CEI which includes environmentalrequirements. Australia and the US signed a joint statement in 2005 pledging to protect the



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environment, conserve biodiversity and protect and conserve heritage laws and policies as well asinternational conventions to which their governments are party.

3.23 Opposition to war3.23.1 Comments

Comments were made about the political and broader strategic role that TS17 plays in Australia’smilitary preparedness, political agreements and preparing for war. This included concern that TS17 isconsidered practice for war which has an impact on human life and that this broader social impact isnot addressed in the PER.


The comments were made by Friends of the Earth Brisbane and an interested party (unknownlocation).


The PER provides a means of communicating the scope, location, receiving environment and potentialimpacts of the activities that are planned as part of TS17. The PER is necessarily focussed on theenvironmental aspects of the exercise and responds to the requirements under the EPBC Act toconsider the impacts of the action proposed. The proposed action is limited to the field trainingexercise associated with TS17.

3.24 Opposition to training with the United States3.24.1 Comment

Comment was made about the expanding US military presence in the area and the “…social,psychological and political ramifications of training with the world’s foremost nuclear armed military areignored [the United States]”.


The comment was raised by Friends of the Earth Brisbane.


The four principal tasks of the ADF are:

· Deterring and defeating armed attacks on Australia and its national interests and northernapproaches;

· Contributing to security of maritime South East Asia;

· Contribute support to Papua New Guinea, Timor-Leste and Pacific Island Countries;

· Contributing military capabilities to coalition operations that support Australia’s interests in a rules-based global order.

In practically all instances, the above tasks are achieved in association with Australia’s allies.Australian forces are presently deployed to a number of areas of operation where US forces are alsooperating. It is therefore vital that our personnel are experienced in interoperability with US and otherallied forces.

The PER has been developed to provide the public, stakeholders and Defence environmentalmanagers with information to understand the nature of activities proposed for TS17, their locations, thepotential environmental impacts and the mitigation measures that will be implemented to avoid orminimise impacts. The PER is necessarily focussed on the environmental aspects of the exercise inorder to address the requirements of the EPBC Act.

Further justification of TS17 and the need for military training is beyond the scope of the PER. Broaderpolitical and strategic implications are more appropriately directed through political discourse andpublic comment on Australia’s Strategic Defence Framework as articulated in the Defence WhitePaper 2016 (http://www.defence.gov.au/whitepaper/docs/2016-defence-white-paper.pdf).



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3.25 Opposition to nuclear use3.25.1 Comment

Comment was made on the potential radioactive contamination hazard presented by participatingnuclear vessels. Concern extended to historical environmental incidents involving radioactivecontamination.

3.25.2 Source of commentThe comment was raised by Friends of the Earth Brisbane.


It is the policy of the U.S. Government not to deploy nuclear weapons aboard U.S. Navy surface ships,attack or guided missile submarines, and aircraft. However, it is also U.S Government policy not todiscuss the presence / absence of nuclear weapons for security reasons. In terms of depleteduranium, we understand that the U.S. Pacific Fleet has no depleted uranium munitions on its ships orat its shore facilities (noting that the replacement of depleted uranium munitions with tungsten roundscommenced a number of years ago).

As nuclear powered vessels may participate in TS17, it is possible that port visits may occur in thelead up to or following the Exercise. While port visits do not necessarily form part of the activitiescomprising TS17, any such visits would be conducted in accordance with Australian Governmentpolicy which requires radiation monitoring at ports that are visited. Refer to the following website forfurther information: http://www.arpansa.gov.au/RadiationProtection/Emergencies/npw.cfm.

Review of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) annual reportsindicates that monitoring of previous port visits by nuclear powered warships of any nation have notresulted in any radiation incidents. The likelihood of any such incident occurring in association withTS17 is considered to be very low and appropriate measures are in place to respond in the unlikelyevent of an incident occurring.

3.26 General3.26.1 Comments

It was noted that activities in the top end of the Northern Territory carry a risk of Saltwater Crocodileattack and it was recommended that Defence addresses this risk.

It was noted that Defence has appropriately assessed most of the significant biodiversity values andissues for TS17 at MBTA.

It was noted that the environmental impacts from weed spread and damage to native vegetation arelikely to be short term and are adequately mitigated under the proposed management framework. Itwas further noted that Defence is aware of its weed management responsibilities and the proposedweed management and mitigation measures were noted. Links were provided to reference materialrelated to weed management and reducing the risk of weed introduction and dispersal.

It was noted that the aims and content of the PER were supported and that the PER was well-presented and thorough. Defence was commended on the ongoing high level of environmentalmanagement of the Shoalwater Bay Military Training Area.


The comments were made by the NT EPA and the Livingstone Shire Council


Acknowledged with thanks.



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4.0 Risk Assessment and Management

4.1 Risk assessment processAn environmental risk assessment was completed for TS17 as part of the PER process (see the TS17PER, Section 6.0 for further information). This entailed consideration of the TS17 activities in terms oflikelihood and consequence of environmental risks eventuating, both initially with only standardDefence controls implemented, and residually with standard and additional TS17 mitigation measuresimplemented.

The risk assessment was revisited during the public consultation period to reflect the currentunderstanding of proposed TS17 activities and information available relating to the mitigation of risk.

4.2 Key risks identified in the PERThe risks identified during the PER process that have a ‘Medium’ or ‘High’ risk rating with bothstandard Defence Controls and with additional TS17 Mitigation measures applied are provided in theTS17 PER Appendix Y. These impacts can be summarised as follows:

· Introduction / dispersal of weeds / pathogens / marine pest species;

· Fire, resulting in damage to native vegetation and habitat values;

· Death, damage or injury to EPBC Act, state or territory listed species or ecological community(terrestrial, marine / benthic);

· Increased erosion, sedimentation and / or run-off;

· Exposure of acid sulfate soils;

· Damage to Aboriginal or historical heritage values;

· Contamination (POL, chemical) leading to soil / water contamination;

· Contamination by UXO;

· Damage to beach substrate / coastal dune erosion;

· Damage to waterways; and

· Damage to reputation and social values.

4.3 Changes to risks post-consultationFollowing the reassessment of risks after the conclusion of the consultation period, some changes torisks were applied. Appendix B presents the updated list of activities and potential impacts with aresidual risk rating of ‘Medium’ or ‘High’. Additionally, there are now 112 potential impacts with aresidual risk of ‘Medium’ and one potential impact with a residual risk of ‘High’ presented in the TS17PER in Section 6.2.

These impacts were considered in the PER and mitigation measures were identified to reduce therisks to as low as reasonably practicable. As such, no supplementary mitigation measures have beenproposed in addition to those in the PER and the determination of significance of environmentalimpacts as a result of TS17 activities remains unchanged.



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5.0 TS17 Environmental Management

5.1 Defence policies and operational controlsDefence has a well-developed framework for environmental management which is incorporated into allareas of the organisation and built into standard processes. This is supported by an EnvironmentalPolicy which is endorsed by senior military and civilian Defence personnel and is used as the guidingprinciple for the establishment of the Defence Environmental Management System (EMS). There arealso policies for specific aspects of environmental risk including heritage management, contaminationmanagement, pollution prevention, climate change and waste minimisation.

These policies and the environmental management system are integrated into Defence business andare controlled and facilitated through Defence Instructions, manuals, guidelines and standards (seethe PER Section 4.5 and Appendix E for further information). Other key operational controls include:

· Standing Orders (RSOs) contain directions for specific TAs and bases;

· RAAF Standing Instructions (SIs) contain directions for specific RAAF sites;

· Maritime Activities EMP and the Air Operations EMP provide guidance on how to consider theenvironment when planning and conducting maritime or air activities;

· Procedure Cards developed to provide a ready-reference for specific processes or sites (i.e.: aspart of the Maritime Activities EMP and the Air Operations EMP);

· Restricted areas which are delineated at sites in order to protect areas of environmental and / orheritage sensitivity; and

· Environmental Clearance Certificates which are developed for non-routine activities to assess thepotential environmental impacts and determine appropriate mitigation measures where it isdetermined that the activity will not have a significant environmental impact under the EPBC Act.

In addition to this overarching framework, environmental control mechanisms specific to TS17 will beapplied to reduce the potential environmental risks associated with the Exercise. These controlmechanisms are described in Section 5.2.

5.2 Exercise operational controlsFor risks with a rating of Medium or High, additional mitigation measures were developed wherepossible to reduce the likelihood of these risks eventuating or their consequence. These additionalcontrol measures that are developed for TS17 will be outlined in the plans, instructions, orders andother documents that provide guidance and instruction for Exercise participants, in particularCommanding Officers. These documents are recognised within the Defence hierarchy of controls andare accepted by Defence personnel as documents that need to be complied with during the conduct ofactivities. The following operational controls will be developed for TS17:

· TS17 EMP will provide detailed guidance and responsibilities for the management ofenvironmental issues during the Exercise;

· TS17 Combined Exercise Instruction (CEI) will contain specific instructions for each activity toensure that Exercise objectives are delivered in a planned and safe manner;

· Operation Orders (OPORDs) are the executive instructions to participating forces prescribing allmatters relevant to the conduct of the military operational aspects of the Exercise and linking withthe environment protection requirements derived from the CEI;

· ECCs will be used for a wide range of activities during the Exercise (for example, the amphibiouslanding at Stanage Bay), with ECC compliance monitored by the EMG throughout the Exercise;

· The Combined EMG which was established in the planning phase will have the key responsibilityfor monitoring during TS17 and reporting at the conclusion of the Exercise; and



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· Environmental incidents will be reporting to the Combined Exercise Command Group and RangeControl (for a TA) for the appropriate response and onward reporting via established chains ofcommand.



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6.0 Additional amphibious rehearsal beach landing sitesDefence has advised that two additional locations will be used for TS17 for the amphibious landingcomponent of the Exercise during the Deployment and Redeployment phase. Neither location is withinan existing Defence TA or Gazetted DPA. Defence has provided the following advice regarding theadditional locations:

“Two additional beach landing sites have been identified as potential landing sites for amphibiousrehearsals. The sites would be used by Australian personnel only as training sites to ensure TS17participants are appropriately rehearsed and certified in amphibious landing procedures prior tothe main landings at Stanage Bay. The locations are:

- Upstart Bay south of Wurlunga; and

- Kings Beach east of Bowen.

The amphibious rehearsals would comprise all activities involving movement of landing craft,personnel and embarked vehicles from ship to shore however will not be undertaken in a tacticalscenario. Amphibious landing rehearsals will be conducted over a five to seven day period duringearly July prior to the commencement of landings at Stanage Bay and SWBTA.

At Upstart Bay, upon reaching the beach landing site, vehicles and personnel will disembark butwill remain on the beach within the intertidal zone in order to be reloaded and repeat the processif required. Whereas at Kings Beach, vehicles may exit the beach at the southern end only usingthe existing public access point. Beyond this there will be no movement of personnel or vehiclesoff the beaches.

As the rehearsals will be conducted in a manner to train participants in the conduct of amphibiousmanoeuvres outside of a tactical scenario, the nature of the activity will mitigate a number ofpotential risks that might otherwise exist in an amphibious landing. In addition to following allprescriptions for maritime activities prescribed by the MA EMP and others identified as beingrelevant to the conduct of TS17 through the PER, principal characteristics of the rehearsalactivities which will further mitigate potential environmental effects include:

- Vessel speed on approach will be lower, reducing the potential for collision with fauna;

- Any movement of vehicles and personnel between beach and back-of-beach locations willbe limited to existing public access points and a corresponding procedure to mitigate thepotential for dispersal of weeds to subsequent beach landing sites at Stanage Bay andSWBTA in general;

- Landing activities will be scheduled around tidal movements; and

- While public access to the specific areas where beach landings will be conducted will belimited in the interests of safety, access to the beaches in general will not be affected.

Defence is in the process of documenting environmental values for these locations and throughconsultation with local, State and Commonwealth regulators will assess the potential forenvironmental impacts. An addendum to the PER which considers these two locations will beprepared and published for public information.”

(Department of Defence 2017)



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7.0 ConclusionThe Talisman Saber 2017 Public Environment Report was released for public comment from 27February to 24 March 2017. A number of methods were used to advertise the release of the PER anda number of mechanisms were available for stakeholders and interested parties to submit comments.

Seven formal letter based submissions and six informal telephone enquiries were received during theconsultation period with two of the formal submissions accepted after the consultation period hadclosed. The website analytics showed that the PER was downloaded 329 times and the website wasviewed 1,019 times.

The submissions made comment on a variety of topics which can be grouped into concern regardingthe impact of the activity, concern regarding the environmental assessment process and opposition tothe Exercise and war in general. These concerns have been considered and where required, changeswill be made to the TS17 EMP to incorporate additional mitigation measures.

Changes to the level of risks in the risk assessment have been made on the basis of the submissionsand additional information provided by Defence. The impacts that were the basis of these changeswere already considered in the PER and mitigation measures were identified therefore no additionalsupplementary mitigation measures have been proposed and the determination of significance ofenvironmental impacts as a result of TS17 activities remains unchanged.

Two additional beach landing sites have been identified by Defence to be used for amphibious landingrehearsals. These sites will be used to train participants in amphibious manoeuvres in preparation forthe main landings at Stanage Bay and SWBTA. Mitigation measures identified in the MaritimeActivities EMP and the PER will be implemented to reduce the risk of environmental impacts from theactivity. Defence intends to release an addendum to the PER to document environmental values andthe potential for environmental impacts related to these sites.

This report is supplementary to the PER, therefore changes and additions noted in this document areconsidered as being incorporated into the PER.



AAppendix ACommonwealth, State

and Territory Legislation



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Appendix A Commonwealth, State and Territory LegislationTable 3 Commonwealth, State and Territory Legislation applicable to TS17

Legislation Purpose What the Act protects and consideration during TS17environmental planning and assessment

Commonwealth

Aboriginal and Torres Strait IslanderHeritage Protection Act 1984

The Act protects declared areas and objects that are ofparticular significance to Aboriginal people in accordancewith Aboriginal tradition. The Act does not protect all formsof Indigenous heritage. For example, the Act does notprotect areas and objects whose heritage significance isdue to their archaeological, scientific or historical interest,rock art or contemporary art, natural heritage or intangibleheritage (such as intellectual property and language).The Act allows the Minister to make a declaration toprotect an area, object or class of objects from a threat ofinjury or desecration. Part 3 of the Act outlines thepenalties that apply for offences (i.e. actions thatcontravene the provisions of a declaration in relation to asignificant Aboriginal area).

The Act preserves and protects from injury or desecrationthose areas and objects of particular significance toAboriginal people in accordance with Aboriginal tradition.Defence has taken measures to identify Aboriginal culturalheritage within areas where TS17 activities are proposedto be undertaken, consulted with registered Aboriginalparties, and developed measures to avoid harm toidentified Aboriginal cultural heritage.

Australian Maritime Transport SafetyAuthority Act 1990

The main objects of the Act are to promote marine safetyand protect the marine environment from pollution andother environmental damage caused by shipping. TheAustralian Maritime Safety Authority (AMSA) is a statutoryauthority established under the Act. AMSA's primary roleis in maritime safety, protection of the marine environmentand maritime and aviation search and rescue services.The Act outlines the process for the establishment andoperation of AMSA and its powers of authority.

The Act protects ecological values of the marineenvironment.Defence has assessed environmental risks associatedwith TS17 activities, including risks to the marineenvironment, and developed measures to mitigate theserisks to the greatest extent practicable.



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Biosecurity Act 2015 The Act replaced the Quarantine Act 1908 in 2016 and isdesigned to be flexible and responsive to changes intechnology and future challenges. The Act managesdiseases and pests that may cause harm to human,animal or plant health or the environment.The Act outlines requirements and prohibitions in relationto the entry (and in some cases, exit) of persons, goods,aircraft and vessels into Australian territory. Chapter 5 ofthe Act outlines the requirements for managing andreporting discharges of ballast water or sediment inAustralian waters.

The Act protects human health and ecological values ofterrestrial and marine environments.Defence recognises the threat to human health and theenvironment posed by biosecurity risks. This risk ismanaged on Defence sites through the Defence manualtitled ‘Management of Biosecurity and OverabundantNative Species (BONS) on the Defence Estate’.Defence has considered biosecurity risks during theplanning for TS17 and will manage biosecurity risks duringTS17 through compliance with quarantine regulations,implementation of vehicle, equipment and machinerywash-downs, and management of ballast water inaccordance with the provisions of the Act.

Defence Act 1903 and Defence ForceRegulations 1952

The Act and associated Regulations bind members of theADF to defend Australia and its national interests. The Actand Regulations contain information relating to theestablishment, operation, governance and regulation ofthe ADF and its members.

The Act protects the national interests and security ofAustralia. Members of the ADF are bound to comply withthe Act and associated Regulations.

Environment Protection and BiodiversityConservation Act 1999

The Act provides a legal framework to protect andmanage nationally and internationally important flora,fauna, ecological communities and heritage places —defined in the Act as ‘matters of national environmentalsignificance’. The Act establishes an assessment andapproval framework for activities that have the potential forsignificant environmental impacts and a permitting systemfor particular protected matters. It outlines specificprovisions for actions taken by Australian Governmentagencies and actions on Commonwealth land, whichrequire approval for any activity that has, will have, or is likelyto have an impact on the environment more broadly.

The Act protects Australian biodiversity and integratesmanagement of important natural and cultural places,encompassing: World Heritage, National Heritage,Wetlands of International Importance, listed threatenedspecies and ecological communities, migratory species,GBRMP, nuclear actions and the Commonwealth marineenvironment.Defence complies with the Act as the key environmentallegislative instrument for protection of matters of nationalenvironmental significance. In developing the TS17 PER,a self-assessment of potential environmental impacts wasundertaken in accordance with the policy guidelines“EPBC Act Policy Statement 1.2 Significant ImpactGuidelines – Actions on, or impacting upon,Commonwealth land and Actions by CommonwealthAgencies” (SIG 1.2).



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The assessment that was undertaken in accordance withSIG 1.2 determined that anticipated environmentalimpacts from TS17 are unlikely to be significant when thesuite of environmental controls to be implemented forTS17 is taken into account. Nevertheless, in the interest ofcontinual improvement of the environmental managementof Talisman Saber exercises, the PER process has beenfollowed and the TS17 PER released for public commentto enable public scrutiny of the process and assessment.

Environment Protection (Sea Dumping)Act 1981

The Act regulates the loading and dumping of waste atsea. Under the Act, the Commonwealth aims to minimisepollution threats by prohibiting ocean disposal of harmfulwaste and by regulating permitted waste disposal toensure environmental impacts are minimised.The Act applies to all vessels, aircraft and platforms inAustralian waters (excluding vessels belonging to foreignforces) and to all Australian vessels and aircrafts in anypart of the sea. Permits are required for all sea dumpingoperations. Permits are most commonly issued fordredging operations and the creation of artificial reefs. TheAct does not apply to operational discharges from ships,such as sewage and galley scraps.

The Act protects Australian marine waters.Defence do not intend to undertake activities as part ofTS17 that would constitute an offence under the Act (e.g.dumping of controlled materials, or artificial reef creation).Exercise instructions for TS17 include detailed proceduresfor storage and removal of waste from ships. Following theTS17 environmental risk assessment process, specificmeasures have also been developed to avoid discharge ofpollutants into coastal waters. In accordance with standardDefence procedures and obligations under MARPOL,ships involved in TS17 will carry relevant documentationrelating to storage and disposal of waste at sea.

Great Barrier Reef Marine Park Act 1975 The main object of the Act is to provide for the long termprotection and conservation of the environment,biodiversity and heritage values of the Great Barrier Reefregion. The Act provides for the establishment, control,care and development of the GBRMP; establishes theGBRMPA; provides for zoning plans and plans ofmanagement; regulates use of the GBRMP; and facilitatespartnership with traditional owners in management ofmarine resources.

The Act protects the GBRMP and other nationallyprotected matters in the area.Defence has signed a Memorandum of Understanding(MOU) with GBRMPA which establishes a framework forjoint planning, management and information sharing.Defence and GBRMPA meet annually to discuss issuesarising from Defence use of the Great Barrier Reef andGBRMPA is included in planning for Defence activities,including TS17. For TS17, GBRMPA has been involved inthe TS17 risk assessment workshop and Defencecontinues to engage with GBRMPA regarding the activityand environmental impact minimisation efforts.



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Hazardous (Regulation of Exports andImports) Waste Act 1989

The main purpose of the Act is to regulate the export,import and transit of hazardous waste to ensure thathazardous waste is dealt with appropriately. The Actrequires that a permit be obtained before hazardous wasteis exported from Australia or imported into Australia. Awaste is hazardous for the purposes of the Act if it is listedas hazardous in the Basel Convention or in theOrganisation for Economic Co-operation andDevelopment (OECD) Regulations. The Act does notaffect movements of hazardous waste within Australia.

The Act aims to ensure that human beings and theenvironment, both within and outside Australia, areprotected from the harmful effects of waste.TS17 will not involve export from Australia or import intoAustralia of hazardous waste as defined under the Act.Following the TS17 environmental risk assessmentprocess, specific measures have been developed to avoidpollution or contamination of the environment during TS17activities. This includes the implementation of proceduresrelating to the storage, handling and transport ofhazardous materials and waste.

National Environment Protection CouncilAct 1994

The Act establishes the National Environment ProtectionCouncil (NEPC). The NEPC has two primary functions asestablished by the Act: to make National EnvironmentProtection Measures (NEPMs); and to assess and reporton the implementation and effectiveness of NEPMs inparticipating jurisdictions.NEPMs are agreed national objectives for protecting ormanaging particular aspects of the environment.Decisions about how the NEPMs are implemented aremade by the individual jurisdictions (States andTerritories).

NEPMs relate to aspects of the environment such as airquality, site contamination, diesel vehicle emissions,movement of controlled waste, pollution and usedpackaging.The TS17 PER Risk Assessment included evaluation ofrisks relating to issues covered by NEPMs such as airquality, waste and pollution. Following this assessmentprocess, specific measures have been developed tocontrol these risks during TS17 activities.

Native Title Act 1993 The Act recognises and protects native title. It covers pastand future acts affecting native title, determining whethernative title exists, and compensation for acts affectingnative title.

The Act provides for the recognition and protection ofnative title.Defence is actively engaging with the Darumbal people,as the Traditional Owners of the Stanage Bay area andShoalwater Bay Training Area (SWBTA), to identify andprotect areas with cultural heritage values that may beimpacted by TS17. This engagement builds upon existingNative Title Agreements and the ongoing relationshipbetween Defence and the Traditional Owners.



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Protection of the Sea (Powers ofIntervention) Act 1981

The Act authorises the Commonwealth to take measuresfor the purpose of protecting the sea from pollution by oiland other noxious substances discharged from ships.Under the Act, AMSA may take such measures as itconsiders necessary to prevent, mitigate or eliminate thedanger apparent upon a maritime casualty or accidentwhere there is grave and imminent danger to the coastlineof Australia from pollution of the sea by oil which mayreasonably be expected to result in major harmfulconsequences.

The Act protects Australian air, land and marineenvironments from pollution by oil and other noxioussubstances that may be discharged from ships.Defence has assessed environmental risks associatedwith TS17 activities, including risks to the marineenvironment, and developed measures to mitigate theserisks to the greatest extent practicable. Specific measureshave been developed to avoid discharge of pollutants intomarine environments.

Protection of the Sea (Prevention ofPollution from Ships) Act 1983

The Act prohibits discharge into the ocean of oil, noxioussubstances, packaged harmful substances, sewage andgarbage from ships (including aircraft).

The Act protects Australian air, land and marineenvironments from pollution by oil and other noxioussubstances that may be discharged from ships.Defence has assessed environmental risks associatedwith TS17 activities, including risks to the marineenvironment, and developed measures to mitigate theserisks to the greatest extent practicable. In accordance withthe requirements of the Act, specific measures have beendeveloped to avoid discharge of pollutants into marineenvironments. Exercise instructions for TS17 includedetailed procedures for storage and removal of waste fromships.

Seas and Submerged Lands Act 1973 Domestically, the Act, declares Commonwealthsovereignty over the territorial sea and certainCommonwealth rights in respect of the contiguous zone,exclusive economic zone (EEZ) and continental shelf.

Australia has sovereign rights over a vast area of ocean,along with the fishery, mineral, and petroleum resourcesfound in that area.Defence have not identified any requirements orobligations under the Act relevant to TS17.

Wet Tropics of Queensland WorldHeritage Area Conservation Act 1994

The Act facilitates the implementation of Australia’sinternational duty for the protection, conservation,presentation, rehabilitation and transmission to futuregenerations of the Wet Tropics of Queensland WorldHeritage Area (WHA).

The Act protects the Wet Tropics of Queensland WHA.Planning and assessment of TS17 activities within the WetTropics of Queensland WHA includes the development ofmeasures to avoid or mitigate potential impacts to thevalues of the WHA.



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Further information regarding Australian Government environmental and heritage legislation can be found on the Federal Register of Legislation websitehttps://www.legislation.gov.au/, which is administered by the Office of Parliamentary Counsel.

Queensland

Aboriginal Cultural Heritage Act 2003 The Act provides recognition, protection and conservationof Aboriginal cultural heritage. The Act also describes aduty of care relating to cultural heritage, whereby aproponent who carries out an activity must take allreasonable and practicable measures to ensure theactivity does not harm Aboriginal cultural heritage. Inmeeting this duty of care, consideration should be given tothe nature of the activity, the nature of Aboriginal culturalheritage that may be harmed by the activity, and theextent to which consultation with Aboriginal parties isrequired.

The Act protects significant Aboriginal areas; significantAboriginal objects; or evidence of archaeological orhistoric significance, of Aboriginal occupation of an area inQueensland.Defence has undertaken measures to identify Aboriginalcultural heritage within areas where TS17 activities areproposed to be undertaken, consulted with registeredAboriginal parties, and developed measures to avoid harmto identified Aboriginal cultural heritage.

Coastal Protection and Management Act1995 and the Queensland Coastal Plan2012

The Act provides for the protection, conservation,rehabilitation and management of the coast and, inconjunction with other legislation, provides a coordinatedand integrated framework for ecologically sustainabledevelopment of the coastal zone. The Act also outlinesrequirements for proponents proposing to carry outassessable development (as defined in the SustainablePlanning Act 2009) within the coastal zone. This includesconsideration of natural coastal processes, topography,coastal ecological systems, cultural heritage and publicaccess.

The Act protects all areas of the coastal zone includingaccess channels, waterways, coastal wetlands, coastalwaters, coastal resources and species within thesehabitats.TS17 activities are not considered ‘assessabledevelopment’ in accordance with the definitions of theSustainable Planning Act 2009 (or those of the PlanningAct 2016). Nonetheless, consideration has been given tothe potential impacts of TS17 activities within the coastalzone and measures have been developed to avoid orminimise these impacts to the greatest extent practicable.Defence has also considered the requirements of the'Code for self-assessable development; for tidal works, orcompletely or partly within a coastal management district'(EPP/2016/2078) and found that TS17 is consistent withall 'acceptable outcomes' under the code where relevant.This applies to both the primary activity and any incidentalremediation works.



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Environmental Protection Act 1994 andthe Environmental Protection Policies(Water, Noise, Air and WasteManagement)

The purpose of the Act is to protect Qld’s environment,while allowing for development that maintains ecologicalsustainability. The Act creates a general duty for allproponents to take all reasonable and practicable steps toavoid harm to the environment. Environmental ProtectionPolicies contain detailed requirements for protecting a partof the environment or controlling a type of activity.The Act also establishes a system of licences andapprovals for conducting particular activities, referred to as‘Environmentally Relevant Activities’. The purpose of thissystem is to allow the authorities to set conditions forconducting the activity which should prevent or minimisethe risk of harm to the environment.

The Act protects ecosystems and their constituent parts(including people and communities); all natural andphysical resources; the qualities and characteristics oflocations, places and areas, however large or small, thatcontribute to their biological diversity and integrity, intrinsicor attributed scientific value or interest, amenity, harmonyand sense of community; and the social, economic,aesthetic and cultural conditions that affect or are affectedby the above.TS17 is not considered an ‘Environmentally RelevantActivity’ in accordance with the definitions of the Act.Nonetheless, in line with the duty of care described withinthe Act, Defence has assessed environmental risksassociated with TS17 activities and developed measuresto mitigate these risks to the greatest extent practicable.

Fisheries Act 1994 The purpose of the Act is to protect Qld’s fisheries. TheAct also provides a process for proponent self-assessment to determine whether a proposal will have aSignificant Residual Impact to marine plants, waterways ordeclared Fish Habitat Area and whether State approval isrequired. Self-assessable codes may be used for low-impact development activities / works.An approval is not required for works performed under aself-assessable code if completed within the code'srestrictions. Self-assessable code MP02 relates tomaintenance works on existing lawful structures in adeclared Fish Habitat Area or works involving the removal,destruction or damage of marine plants.

The Act protects fisheries, fish habitats, fish and marineplants. Approvals are required under the Act for removal,destruction or damage of marine plants. Environmentaloffsets may be required if a proposal will result in aSignificant Residual Impact to marine plants, waterways ofdeclared Fish Habitat Areas.Due to the broad definition of 'marine plant' under the Actit is possible that some impacts incidental to amphibiouslanding activities may occur to 'marine plants'. Thisincludes the displacement of driftwood and free-floatingand otherwise dislodged (dead) seagrass andmacroalgae. Such potential impacts would be incidentaland not the purpose or intention of the action.As a result of the planning and assessment process forTS17, amphibious landings will be undertaken in areaswhere they will not interact with (or will avoid to thegreatest extent possible) areas supporting marine plantsand will be conducted outside of declared Fish HabitatAreas. This includes avoidance and minimising impacts to



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benthic communities supporting marine plants alongapproach lanes to the beaches and egress routes fromlanding sites for terrestrial vehicles. As such, it isunderstood that notification through MP02 is not required.

Land Protection (Stock and Pest RouteManagement) Act 2002

The purpose of this Act is to improve the management ofpest plants and pest animals in Qld. The Act also restrictsthe introduction, keeping or sale of declared pests.

The Act protects native species and ecosystems.TS17 activities will not involve interactions with declaredpests which constitute offences under Part 5 of the Act. Inaccordance with Section 46 of the Act, Defence will alsotake reasonable measures to ensure that declared pestsare not transported via vehicles or other modes oftransportation.

Marine Parks Act 2004 The Act aims to achieve effective management of marineparks by regulating and controlling activities within them.

The Act protects Marine Parks.TS17 will not involve activities that are likely to constituteoffences under Part 4 of the Act. In line with Section 44 ofthe Act, Defence will continue to engage with GBRMPAregarding those TS17 activities planned within theGBRMP. In accordance with Section 50 of the Act,Defence has also developed measures to avoid ormitigate potential harm to the environment as a result ofTS17 activities.

Nature Conservation Act 1992 The Act prohibits the taking or destruction withoutauthorisation of certain listed flora and fauna species, andoutlines restrictions that apply to the use of various typesof protected area.

The Act protects ecosystems and their constituent parts;all natural and physical resources; natural dynamicprocesses; characteristics of places that contribute to theirbiological diversity and integrity, or their intrinsic orscientific value.TS17 is unlikely to involve interactions with listed flora andfauna species that would constitute an offence under theAct. Further, measures have been developed to avoid ormitigate potential adverse impacts to native flora andfauna, including removal of habitat, as a result of TS17activities.



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Queensland Heritage Act 1992 The Act provides for the conservation and protection ofplaces and items of historical and / or non-Aboriginalcultural heritage. It does so by establishing a register ofplaces of cultural heritage significance, regulatingdevelopment of registered places, regulating theexcavation of sites that may contain artefacts ofsignificance and providing appropriate powers ofprotection and enforcement.

The Act protects items and / or places of post-Settlementhistory.In carrying out activities as part of TS17, Defence doesnot intend to interfere with, remove, damage or destroyitems or places of cultural heritage significance. As such,permits for such actions under this Act are not required.Further, measures have been developed to avoid ormitigate potential impacts to known places or items ofcultural heritage significance, and to deal appropriatelywith unexpected finds.

Soil Conservation Act 1986 The Act provides for the approval of soil conservationproperty plans to ensure the co-ordination of runoff tocontrol erosion. The Act allows for two types of plans:approved property plans; and project plans. An approvedproperty plan consists of a map and specifications for thesoil conservation structures and practices necessary tocontrol erosion. The Act does not require that a plan beprepared and approved for any particular situation.However, it is recommended that a property plan beprepared for approval wherever proposed soilconservation works will have an effect on neighbouringproperty.

The Act aims to prevent or mitigate soil erosionparticularly for properties where soil conservation worksare proposed.Defence is not proposing to undertake soil conservationworks as part of TS17 and it is understood that anapproved property plan is not required for areas proposedto be used for TS17 activities. Nonetheless, measureshave been developed to minimise the potential for soilerosion to occur as a result of TS17 activities.



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Sustainable Planning Act 2009 Planning and assessment of activities in Qld is regulatedby this Act. The Act will be superseded by the PlanningAct 2016 which will come into force on 3 July 2017.Notwithstanding, any application made prior to thetransition will continue to be assessed under thelegislation that prevailed at the time of application. The Actmanages the process by which development takes placeand manages the effects of development on theenvironment, including managing the use of premises.Proponents are required to consider whether their activityconstitutes ‘development’ in accordance with definitionsprovided within the Act and refer to the Act to determinewhat type of assessment is required.

The Act protects anything affected by development(building work, plumbing or drainage, operational work,reconfiguring a lot, making a material change of use ofpremises) such as ecological processes and naturalsystems, economic development, cultural, economic,physical and social wellbeing of people and communities.TS17 activities are not considered ‘development’ inaccordance with the definitions of the SustainablePlanning Act 2009 (or those of the Planning Act 2016). Inaddition, the TS17 environmental assessment processhas considered ecological process, natural systems andthe other matters the Act protects in accordance withSIG1.2 processes. For this reason assessment under theSustainable Planning Act 2009 is not required.

Transport Operations (Marine Pollution)Act 1985

The Act regulates harm to Qld's marine and coastalenvironment by minimising deliberate and negligentdischarges of ship-sourced pollutants into coastal waters.Marine pollutants include oil, chemicals, sewage andgarbage. It is an offence under the Act to dischargepollutants (either deliberately or negligently).

The Act protects Qld's marine and coastal environment.Exercise instructions for TS17 include detailed proceduresfor storage and removal of waste from ships. Following theTS17 environmental risk assessment process, specificmeasures have also been developed to avoid discharge ofpollutants into coastal waters. In accordance with standardDefence procedures and obligations under MARPOL,ships involved in TS17 will carry relevant documentationrelating to storage and disposal of waste at sea.



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Vegetation Management Act 1999 The purpose of the Act is to regulate the clearing ofvegetation in such a way that conserves remnantvegetation, prevents land degradation and the loss ofbiodiversity and allows for sustainable land use.

The Act protects remnant vegetation identified asRegional Ecosystems (RE). Exemptions apply for certainroutine clearing activities and self-assessable codes applyto a range of low impact activities such as weed control.Approvals may be required for vegetation clearance that isnot covered under an exemption, code, or an areamanagement plan.Defence does not intend to clear vegetation as part ofTS17 activities. As such, approvals under the Act ornotifications in accordance with the self-assessable codesare not considered to be required. Defence hasundertaken vegetation mapping to inform Exerciseplanning, and measures have been developed to avoidpotential impacts to native vegetation during TS17. Thisincludes the delineation and enforcement of ‘No-GoAreas’.

Water Act 2000 The Act provides for the sustainable management andallocation of water to meet Qld’s future waterrequirements. Water licences are required under the Actfor taking or interfering with water in a watercourse, lakeor spring for purposes such as irrigation and industrial orcommercial use.

The Act protects watercourses (rivers, streams, creeks),water impoundments (dams, weirs and barrages).Defence does not intend to take or interfere with waterfrom watercourses during TS17 to the extent that it wouldtrigger the need for a licence under the Act. Nonetheless,monitoring of specific watercourses and aquifers will beundertaken throughout TS17 in accordance withenvironmental monitoring requirements contained in theEMP.



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Wet Tropics Heritage Protection andManagement Act 1993 and Wet TropicsManagement Plan 1998.

The Act sets out the role of the Wet Tropics ManagementAuthority in managing the Wet Tropics WHA, and providesthe legal basis for the Wet Tropics Management Plan1998. The Plan regulates land use activities in the WorldHeritage Area through a zoning and permit system.

The Act protects the Wet Tropics WHA. A range ofactivities are prohibited under the Act, including activitieswhich destroy vegetation, result in land degradation, affectstreams or spoil scenic values. Some specified activitiesare allowed without a permit, whereas others areregulated through a permit system.Section 64 of the Act acknowledges use of the WetTropics WHA for Defence activities. In turn, planning andassessment of Defence activities within the Wet TropicsWHA includes the development of measures to avoid ormitigate potential impacts to the values of the WHA.

Further information regarding Qld legislation can be found on the Office of the Qld Parliamentary Counsel website:https://www.legislation.qld.gov.au/OQPChome.htmNorthern Territory

Bushfires Management Act 2016 The Act provides the framework for managing bushfire inareas outside the Emergency Response Area of cities andtowns in the NT. It outlines regulations and establishespenalties relating to the lighting of fires, with theunderlying principle being that landowners are responsiblefor the management of bushfires on their land. The Actrequires landholders to consider and observe fire zonesand areas; controls on activities within these zones andareas; and their fire-fighting duties or responsibilities aslandholders.

Certain areas in the NT have been declared as fireprotection zones. Fires cannot be lit in these areas withouta permit at any time of year.The Territory's fire protection zones are:- All of the Vernon region - essentially the greater

Darwin and Batchelor / Coomalie areas;- 50km radius from Katherine post office;- 50km radius from Tennant Creek post office; and- 50km radius from Alice Springs airport.CECG (Main) and Range Control hold responsibility forassessing and managing fire risk in areas that areproposed to be used for TS17 activities throughout theExercise. This will include consideration of restrictions(such as fire bans and fire protection zones), controls andresponsibilities described in the Act. All possible care willbe taken during TS17 to prevent fires from starting.Exercise instructions include procedures andresponsibilities for assessing and managing fire risk, aswell as controlling and reporting any fires that may occur.



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Dangerous Goods Act 2004 andDangerous Goods Regulations

The Act and associated Regulations provide for the safestorage, handling and transport of certain dangerousgoods. The Act itself outlines general duties and offencesin relation to dangerous goods, and the Regulations setout the requirements and allowances for licensing,packaging, storage, transportation and use of two types ofdangerous goods: explosives and fuel gas.

The Act and associated Regulations cover explosives(including fireworks) and fuel gas (including autogas).Certain TS17 activities proposed to be undertaken in theNT will involve the handling, storage, use, and transport ofexplosives and fuel gas. As such, it is necessary forDefence to consider the general precautions andrequirements under the Act. Defence has assessed safetyand environmental risks associated with the use ofdangerous goods during TS17 activities and developedmeasures to mitigate these risks to the greatest extentpracticable. This includes consideration of legalobligations (permits, licences etc.) specific to the State orTerritory where the activity is taking place.

Environmental Assessment Act 1982 The Act establishes the framework for the assessment ofpotential environmental impacts of developments in theNT. The Act requires the Northern Territory EnvironmentProtection Authority (NT EPA) to assess and provideadvice to the Minister for the Environment on developmentproposals.The proponent of a proposed action to which the Act mayapply is required to notify the responsible Minister who inturn notifies the NT EPA. The initial notification of aproposed action to the NT EPA is known as a Notice ofIntent (NOI). The NOI provides essential details of theproposed action to assist in determining whetherassessment under the EA Act is required. A referral orNOI for assessment under the Act is generally requiredwhere there is the potential for significant risks to theenvironment.Assessment Guidelines are issued by the NT EPA toassist proponents to understand and comply with the NTEPA's information requirements for the environmentalimpact assessment process.

The scale and complexity of a proposed action and thesignificance of potential impacts will determine the level ofassessment required under the Act. In addition toassessing the potential impacts, the assessment processalso evaluates the effectiveness of the proposedsafeguards to mitigate these impacts and recommendsactions to ensure the proposed action can be managed inan environmentally sound manner.The activities proposed to be undertaken at NT sitesduring TS17 are consistent with activities that areconducted at the sites as part of routine activities. Assuch, the TS17 activities are not considered to be a newdevelopment requiring assessment and submission underthe Act. The TS17 environmental assessment andplanning process has considered potential environmentalimpacts and associated mitigation measures to reduce thelikelihood of significant environmental impacts as a resultof the activity.



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Environmental Offences and PenaltiesAct 1996 (and Environmental Offencesand Penalties Amendment Act 2010, No.28)

The Act establishes penalties for certain offences underprescribed Acts, and for related purposes. The offencesthemselves are not described within the Act, rather withinother NT legislation prescribed within the Act (e.g. MarinePollution Act, Petroleum Act, Waste Management andPollution Control Act, Water Act and Weeds ManagementAct).

The Act protects the environment by establishing penaltiesfor environmental offences.Defence do not intend to undertake activities as part ofTS17 that would constitute an offence under legislationprescribed within the Act. Further, measures have beendeveloped to avoid or mitigate potential adverse impactsto the environment as a result of TS17 activities.

Fisheries Act 1988 The Act requires the long term sustainable managementof aquatic resources in the NT. The primary objective ofthe Act is to manage the aquatic resources of the Territoryin accordance with the principles of ecologicallysustainable development, whether managing a single fishspecies or an ecosystem, to ensure the promotion ofappropriate protection of fish and fish habitats.The Act outlines requirements for fisheries such aspermits and licences, as well as controls and offencesrelating to possession, trafficking and sale of aquatic life.

The Act protects fish, fish habitats and fishery resources.Defence do not intend to undertake activities as part ofTS17 that would require a licence or permit under Part 2Aof the Act, or that would constitute an offence under Part 4of the Act. Further, measures have been developed toavoid or mitigate potential adverse impacts to aquaticecosystems as a result of TS17 activities.

Heritage Act 2012 and associatedRegulations

The Act establishes the Heritage Council and the NTHeritage Register. It sets the process by which places andobjects of heritage significance are declared, andregulates works on these objects and places. The objectof the Act is to provide for the conservation of theTerritory's cultural and natural heritage.

The Act protects places that have been declared asheritage places (or objects). All Aboriginal or Macassanarchaeological places have been declared to be heritageplaces. Other places are protected if the Minister forLands, Planning and Environment declares them asheritage places.In carrying out activities as part of TS17, Defence doesnot intend to interfere with, remove, damage or destroyitems or places of cultural heritage significance. As such,permits for such actions under this Act are not required.Further, measures have been developed to avoid ormitigate potential impacts to known places or items ofcultural heritage significance, and to deal appropriatelywith unexpected finds.



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Marine Pollution Act 2004 The Act protects the marine and coastal environment byminimising intentional and negligent discharges of ship-sourced pollutants into coastal waters and for relatedpurposes. This is achieved primarily by giving effect torelevant provisions of MARPOL. The Act makes provisionfor discharge of sewage from ships, whilst imposingsevere penalties on persons who pollute the marine andcoastal environment in contravention of the Act.

The Act protects NT coastal and marine environments.Exercise instructions for TS17 include detailed proceduresfor storage and removal of waste from ships. Following theTS17 environmental risk assessment process, specificmeasures have also been developed to avoid discharge ofpollutants into coastal waters. In accordance with standardDefence procedures and obligations under MARPOL,ships involved in TS17 will carry relevant documentationrelating to storage and disposal of waste at sea.

Northern Territory Aboriginal Sacred SitesAct 2006

The Act provides for the protection of Aboriginal sacredsites which includes any land that, under a law of theNorthern Territory, is declared to be sacred to Aboriginalsor of significance according to Aboriginal tradition. The Actalso establishes the Aboriginal Areas Protection Authority(AAPA) as the central administering body which supportsAboriginal custodians in achieving the objectives of theAct. The Act has a number of protections for sites,including protection from unauthorised entry and damage.The Act also gives the AAPA the power to prosecutepeople and organisations that damage sacred sites.

The Act protects significant Aboriginal areas; significantAboriginal objects; or evidence of archaeological orhistoric significance, of Aboriginal occupation of an area inNT. All sacred sites, whether or not they have beenrecorded or registered in the NT are protected by the Act.Defence has taken measures to identify Aboriginal culturalheritage within areas where TS17 activities are proposedto be undertaken, consulted with registered Aboriginalparties, and developed measures to avoid harm toidentified Aboriginal cultural heritage.

Soil Conservation and Land UtilisationAct 2001

The Act makes provisions for the prevention of soilerosion and for the conservation and reclamation of soil. Itcontains mechanisms for landholders to access supportfor soil conservation works, outlines precautionary andcorrective measures relating to soil conservation, andprovides for the declaration of ‘areas of erosion hazard’ orrestricted use areas.

The Act provides advice and guidelines on soilconservation on private land and public use areas.Defence are not proposing to undertake soil conservationworks as part of TS17. Nonetheless, measures have beendeveloped to minimise the potential for soil erosion tooccur as a result of TS17 activities.



A-16


Territory Parks and WildlifeConservation Act 2014 and associatedRegulations

The Act provides for the protection, conservation andsustainable utilisation of wildlife. The Act regulates thedeclaration, management and use of national parks,reserves and sanctuaries, as well classification,management and offences relating to flora and fauna.Proponents must consider whether actions proposed to beundertaken within protected areas, or those associatedwith flora and fauna, are permissible under the Act.

The Act principally affects Territory protected land,including any potential impacts from adjoining properties.TS17 will not involve use of protected areas in the NT orinteractions with listed flora and fauna species that wouldconstitute an offence under the Act. Further, measureshave been developed to avoid or mitigate potentialadverse impacts to native flora and fauna, includingremoval of habitat, as a result of TS17 activities.

Waste Management and PollutionControl Act 2013 and associatedRegulations

The aim of the Act is to protect and, where practicable,restore and enhance the quality of the NT environment byproviding environment protection objectives, regulatingactivities through approvals or licences and prescribingpenalties for offences. The Act also encouragesecologically sustainable development and facilitates theimplementation of National Environment ProtectionMeasures (NEPMs). Under the Act, persons who conductactivities likely to cause pollution or generate waste musttake all reasonable and practicable measures to preventor minimise the pollution or environmental harm andreduce the amount of waste.

The Act protects land, air, water, organisms andecosystems.Following the TS17 environmental risk assessmentprocess, specific measures have been developed to avoidand mitigate pollution or contamination of the environmentduring TS17 activities. This includes the implementation ofprocedures relating to the storage, handling and transportof hazardous materials and waste. In accordance withstandard Defence procedures, all units involved in TS17will be responsible for ensuring that all waste streams aredisposed of appropriately and that any incidents relating topollution or contamination are reported and addressed.

Water Act 2013 and associatedRegulations

The Act provides for the investigation, allocation, use,control, protection, management and administration ofwater resources, including extraction of groundwater,waste management and water pollution. The Act andRegulations control how water resources are allocated,used and managed. This provides a process for water tobe allocated to the environment to maintain the health ofaquatic systems. The Act also creates criminal offencesfor water pollution.

The Act protects watercourses (rivers, streams, creeks)and water impoundments (dams, weirs and barrages).Defence do not intend to take or interfere with water fromwatercourses during TS17 to the extent that would triggerthe need for a licence under the Act. Nonetheless,monitoring of specific watercourses and aquifers will beundertaken throughout TS17 in accordance withenvironmental monitoring requirements contained in theEMP. Further, specific measures have been developed toavoid and mitigate pollution of watercourses during TS17activities.



A-17


Weeds Management Act 2013 The Act identifies declared weeds (those which must becontrolled), provides a framework for weed managementand outlines offences relating to declared weeds. The Actalso stipulates that weed management is the responsibilityof the owner and occupier of land.

The Act protects the Territory's economy, community,industry and environment from the adverse impact ofweeds.TS17 activities will not involve interactions with declaredweeds which constitute offences under the Act. Inaccordance with Section 9 of the Act (General Duties),Defence will also take reasonable measures to preventweed infestation and ensure that declared weeds are nottransported via vehicles or other modes of transportation.

Further information regarding NT legislation can be found on the NT Government Department of the Chief Minister website: https://dcm.nt.gov.au/nt-legislation-and-publications/current-nt-legislation-database

AECOMAECOM Talisman Saber 2017TS17 Public Consultation Summary Report

TS17 Public Consultation Summary Report


BAppendix BUpdated Risk

Assessment Results



B-1

Appendix B Updated Risk Assessment ResultsTable 4 Residual Risk Assessment – Medium and High risks with standard and additional TS17 mitigation measures

applied

Activity Potential impact

Land

Establishment and operation of temporaryfuel farms, field workshops, field powergeneration and distribution, fuel distribution,forward arming and refuelling parks / points(FARPs)

Dispersal of existing or establishment of newpopulations of weeds / pathogens / pests (incl.WONS)

Loss of habitat/native vegetation due to clearance

Hydrocarbon spill resulting in contamination andadverse effects on fauna/flora (>20L)

Use of AFFF in emergency response results in soiland/or water contamination

Off-road vehicle movements includingarmoured, wheeled and tracked

Damage to native vegetation (including soilcompaction) and fauna habitat


Increased erosion, sedimentation and/or runoff

Exposure of Acid Sulfate Soil

Damage to Indigenous / Non-Indigenous heritagevalues

Dismounted manoeuvres Dispersal of existing or establishment of newpopulations of weeds / pathogens / pests (incl.WONS)

Noise / Dust / Air pollution from dust, odours, smokeaffects amenity of adjacent properties and publicspaces

Infantry Minor Tactics comprising mounted(vehicle-based) small-unit manoeuvre



Noise / Dust / Air pollution from dust, odours, smokeaffects amenity of adjacent properties and publicspaces

Land transit between training areas and / orbases (within state / territory and interstate)




Internal road and track movements byarmoured, wheeled and/or tracked vehicles




B-2


Fire resulting in damage to native vegetation andhabitat values


Damage to European / Indigenous heritage values

Solid waste management Dispersal of existing or establishment of newpopulations of weeds / pathogens / pests (incl.WONS)

Additional waste generated by exercise exceedscapacity of receiving facilities

Establishment and maintenance of targetareas and gun positions including vegetationclearance / management access andtemporary / permanent infrastructure




Field engineering and obstacles (includingtank trenches)






Damage to private / public infrastructure includingroads

Parachute drops Dispersal of existing or establishment of newpopulations of weeds / pathogens / pests (incl.WONS)

Live firing and blank (dummy) firing of heavysupport weapons

Fire resulting in damage to native vegetation andhabitat values

Detection and removal of unexplodedordnance (UXO)

Vegetation clearance resulting in damage to nativevegetation communities/habitat

Road cratering practices Dispersal of existing or establishment of newpopulations of weeds / pathogens / pests (incl.WONS)



Explosive obstacle clearing / demolitionpractices



Conduct of land activities in general Planned protests/civil disruption closes traininglocations or ranges



B-3


Transition of responsibility between consecutiveexercises results in oversight for certainenvironmental requirements (e.g. ECC, DAMCON,etc. between TS17 and Ex. Koolendong).

Biosecurity activities including wash-downs andinspections

Dispersal of existing or establishment of newpopulations of weeds / pathogens / pests (inclWONS)


Movement of vehicles, equipment, supplies,weapons and personnel from ship to shore andreturn at completion of land activities throughamphibious beach landings



Maritime

Routine passage and manoeuvres of shipsand small watercraft

Grounding resulting in reef damage and / or releaseof fuel

Marine mammal strike causing injury or death

Reactor accident involving radiation leak from nuclearpowered vessel

Amphibious landings, including JointLogistics Over The Shore activities(movement of stores and equipment fromship to shore) at SWBTA

Damage to beach substrate

Sedimentation impacts to adjacent flora and benthiccommunities

Generation of litter resulting in adverse impact onnative fauna health (e.g. entanglement, ingestion)

Hydrocarbon spill (>20L) from vessel or vehicleresulting in water contamination (via collision)

Transfer of foreign plant matter or fauna to beachenvironment from landing craft

Amphibious landings, including JointLogistics Over The Shore activities(movement of stores and equipment fromship to shore) in the Stanage Bay area andapproaches

Damage to beach substrate

Hydrocarbon spill (>20L) from vessel or vehicleresulting in water contamination (via collision)

Transfer of foreign plant matter or fauna to beachenvironment from landing craft

Loss of public amenity (noise) from amphibiouslandings

Light pollution during nocturnal landings

Vehicle manoeuvre in the coastal zone onthe beach and dedicated routes / assemblyareas at SWBTA and / or in the Stanage Bayarea

Disturbance to migratory species nesting sites

Disturbance to native fauna and native fauna habitat

Dispersal of existing or establishment of newpopulations of weeds / pathogens / pests (incl. WONS)

Replenishment at sea (including VERTREP) Hydrocarbon spill resulting in contamination andadverse effects on fauna/flora (>20L)

Weapons practice Death / injury to listed terrestrial and/or aquatic fauna

Death / injury to any fauna



B-4


Contamination by UXO

Generation of litter leading to ingestion by fauna orhabitat degradation

Use of explosive demolition charges,including mine disposal charges

Death / injury to aquatic fauna due to blastcompression

Disturbance / disorientation of aquatic fauna

Damage to underwater habitat values

Use of underwater frequencies (e.g. activesonar) Disruption to cetacean behaviour

Ship water uptake and discharge from shipswith and without ballast water management

Introduction of previously unrecorded or dispersal ofknown pest species into Australian waters

Dispersal of known pest species into new area

Use of flares and pyrotechnics and battlenoise simulation

Disturbance to native fauna and native fauna habitat

Anti-submarine and mine warfare activities Disruption to cetacean behaviour

Alongside activities (ports) Introduction of previously unrecorded or dispersal ofknown pest species into Australian waters

Dispersal of pest species into new area

Conduct of maritime activities in general Planned protests/civil disruption closes traininglocations or ranges

Use of unmanned surface vessel targets(Hammerhead USV-T)

Use of high speed, unmanned vessels results incollisions with marine fauna causing injury or fatality

Loss of USV at sea

Parachute drops at sea Loss of materiel leading to pollution (chemical orgross)

Air – mediumEmergency ordnance jettison in unapprovedlocations in the GBRMP

Damage to European / Indigenous heritage values

Flying aircraft including low-level (<1,000ft)and supersonic flights

Noise leading to disturbance for migratory birdsDisturbance to wildlife

Rotary wing including low-level (<1,000ft),take off / landing and troop insertions

Noise leading to disturbance for migratory birdsDispersal of existing or establishment of newpopulations of weeds / pathogens / pests (inclWONS)

Use of aircraft-mounted electronic warfareequipment

Disruption of civilian communication systemsimpacting on residential amenity and / or safety

Live firing of weapons (gunnery, missile androcket firing, bombing, towed targets)

Death, damage or injury to EPBC Act, state orterritory listed species or ecological communityInjury / death of threatened or other native fauna

Aircraft / Airfield Exercise logistics operationsand air transport; FARPs

Loss of habitat / native vegetation due to clearance




B-5



Use of AFFF results in soil and/or watercontamination

Standard flying operations Ditching/crash in GBRMP area releases pollutantsto the world heritage area

Conduct of air activities in general Planned protests/civil disruption closes traininglocations or ranges



B-1