Department of the Environment and Water Resources annual report 2006–07
Volume two
Department of the Environment and Water Resources, 2007
ISSN 1441-9335
Legislation annual reports 2006–07 (continued)
Operation of the Environment Protection and Biodiversity Conservation Act 1999 (continued)
Appendix 4—Compliance with timeframes (section 518 report)
The EPBC Act and Regulations specify timeframes within which decisions must be made and other actions completed. If the timeframes are not met, then in accordance with section 518 of the EPBC Act a statement must be provided setting out the reasons for the delay. Things that were not done within the statutory timeframes in 2006—07 are listed in Tables 16 and 17 below.
| Section | Total | Late | Reasons for delay |
|---|---|---|---|
| 75(1) Decision on referral | 241 | 40 | Delay in obtaining sufficient information to make decision |
| 75(1) Decision on referral 1 | 95 | 33 | Delay in obtaining sufficient information to make decision |
| 77(1)(b) Publishing notice of decision on referral | 336 | 12 | Delay in automated notification due to technical difficulties |
| 77(4) Providing reasons for decision | 8 | 3 | Availability of decision-maker; need to obtain legal advice/review |
| 88(1) Decision on assessment approach | 23 | 5 | Delay in obtaining sufficient information to make decision |
| 88(1) Decision on assessment approach 1 | 30 | 6 | Delay in obtaining sufficient information to make decision |
| 91(1) Publishing notice of decision on assessment approach | 53 | 13 | Delay in notification that the level of assessment had been made; proponents notified in writing by decision date but delay in automated notification due to technical difficulties |
| 95(1) Preparation of assessment report for preliminary documentation | 19 | 12 | Need to adequately consider and test complex technical issues raised in both the information provided by proponent and in the assessment process |
| 100(1) Preparation of assessment report for public environment report | 2 | 2 | Need to adequately consider complex technical issues |
| 105(1) Preparation of assessment report for environmental impact statement | 2 | 1 | Joint assessment with state; need to ensure both jurisdictions satisfied with guidelines before finalising |
| 130(1) Approval decision | 43 | 15 | Need for ongoing consultation with proponents/states over content of final approval conditions. Additional independent work commissioned to inform decision |
| 130(1B)(a) Approval decision 1 | 1 | 1 | Need for ongoing consultation with proponents over content of final approval conditions |
| Note: 1 Post 19 February 2007 timeframes. |
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| Section | Total | Late | Reasons for delay |
|---|---|---|---|
| Part 13 Species and communities | |||
| 189(4) Provide advice on nomination of species | 13 | 1 | Administrative error |
| 189(5) Decision on listing | 16 | 9 | These nominations were given to the minister before commencement of amendments to the EPBC Act on 19 February. Their management through the relevant transitional arrangements technically made the minister's decision late for the purposes of the 19 February timeframe and this report. Through the transitional arrangements, however, the minister's decision will be made sooner than if the nominations were subject to each of the statutory requirements under the new Act |
| Part 13A International movement of wildlife specimens | |||
| 303EG Decision on proposed amendment to the list of specimens suitable for live import | 7 | 4 | Administrative delays |
| Part 15 Protected areas — managing national heritage places | |||
| 324E(3) Requesting the chair of the Australian Heritage Council to assess a nomination for the National Heritage List | 54 | 2 | Administrative delays |
| 324J(2) Decision on national heritage listing after receipt of assessment report | 19 | 11 | Various reasons, principally timing of announcements to better provide for publicity for heritage listing, but also pressure of ministerial business and legal issues |
| 324J(4) Providing to relevant persons and publishing on the internet advice that nomination rejected (including reasons) | 7 | 1 | Administrative delays |
| Part 15 Protected areas — managing Commonwealth heritage places | |||
| 341J(2) Decision on Commonwealth heritage listing after receipt of assessment report | 7 | 6 | Principally pressure of ministerial business |
In this section
- Introduction
- Overview
- 1. Protecting environment and heritage
- 2. Conserving biodiversity
- 3. Managing heritage and protecting significant areas
- 4. Monitoring and compliance
- 5. Reporting
- Appendix 1—Statistics on the operation of the EPBC Act in 2006—07
- Appendix 2—EPBC Act related publications in 2006—07
- Appendix 3—Functions and membership of advisory committees established under the EPBC Act
- Appendix 4—Compliance with timeframes (section 518 report)
Contents
Key
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