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Annual reports

Department of the Environment and Heritage annual report 2005–06

Volume one
Department of the Environment and Heritage, 2006
ISSN 1441 9335

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Managing the department (continued)

In this section

External scrutiny

Courts and tribunals

The decision of the Full Federal Court in Save the Ridge Inc v Commonwealth handed down on 16 September 2005 affirmed the scope of the application of the Environment Protection and Biodiversity Conservation Act 1999 to government decision-making. The case concerned amendments to the National Capital Plan relating to the construction of the Gungahlin Drive extension (major roadworks in the Australian Capital Territory).

The court upheld the Commonwealth view that the amendments were not an ‘action’ under the Act because they were a governmental authorisation under section 524 of the Act.

Auditor-General reports

Audit Report No. 21 2004–05 Audit of Financial Statements of Australian Government Entities for the Period Ended 30 June 2005. The focus of the report is on the year end results of the financial statement audits of all general purpose reporting entities for the 2004–05 financial year.

The Australian National Audit Office identified eight moderate issues and one legislative breach in the interim phase of the 2005–06 audit relating to deficiencies in the financial statement preparation process, the reconciliation of leave balances, the reconciliation of financial records, the reconciliation of special accounts and access management. All issues were satisfactorily resolved in 2005–06.

Parliamentary committees

One report was tabled by the Senate Environment, Communications, Information Technology and the Arts Committee: Report 2343 tabled on 28 March 2006:

One report was tabled by the House of Representatives Standing Committee on Environment and Heritage: Parliamentary paper 215/2005 tabled on 12 September 2005:

Commonwealth Ombudsman

There were no formal reports from the Commonwealth Ombudsman during the year.

Freedom of information

This section is presented in accordance with the requirements of section 8 of the Freedom of Information Act 1982. The Act gives the Australian community the right to access information held by the Australian Government. The only limits are exemptions needed to protect essential public interests and privacy.

Applications received

The department received 35 applications pursuant to the Act during 2005–06. There were no requests for review by the Administrative Appeals Tribunal.

Information about the department

Under section 8 of the Act the department has to make available information about its functions, organisation, operations and powers that affect members of the public. Relevant information is contained elsewhere in this annual report (the executive summary presents an overview).

Information about categories of documents

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

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

Arrangements for outside participation

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

The department consults members of the public and bodies outside the Australian Government’s administration when developing policy and programmes, and administering legislation and schemes. In addition to general public consultation, which may be a requirement of particular legislation, the department and the minister receive advice from various scientific and expert committees and other bodies. These include the Australian Heritage Council, the Threatened Species Scientific Committee, the Biological Diversity Advisory Committee, the Indigenous Advisory Committee and the Antarctic Science Advisory Committee.

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

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

Formal arrangements under the Territory of Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987 provide for public consultation during the development of management plans.

Formal arrangements under the Environment Protection (Alligator Rivers Region) Act 1978 provide for public consultation on scientific research programmes and matters relating to the effects on the environment in the Alligator Rivers region of uranium mining operations.

Procedures for gaining access to information

Freedom of information matters within the department are handled by the Legal Section in the Policy Coordination Division. Contact details for the freedom of information officer are:

Phone: (02) 6274 1578
Fax: (02) 6274 1587
Email: foi_contact_officer@deh.gov.au

Written requests for access to documents should be addressed to:

The Freedom of Information Coordinator
Legal Section
Department of the Environment and Heritage
GPO Box 787
Canberra ACT 2601

For enquiries specific to the Antarctic contact:
The Director
Australian Antarctic Division
Kingston TAS 7050

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