Annual reports

Department of the Environment, Water, Heritage and the Arts annual report 2007–08

Volume two
Department of the Environment, Water, Heritage and the Arts, 2008
ISSN 1441-9335

Legislation annual reports 2007-08 (continued)

Operation of the Environment Protection and Biodiversity Conservation Act 1999 (continued)

Appendix D – Compliance with timeframes (section 518 report)

The EPBC Act and Regulations specify timeframes within which decision must be made and other actions completed. If the timeframes are not met, then in accordance with section 518 of the EPBC Act a statement must be provided setting out the reasons for the delay. Things that were not done within statutory timeframes in 2007–08 are listed in Tables 18 and 19 below.

Table 18: Referrals, assessments andapprovals in 2007–08
Section Total Late Reasons for Delay
75(5) Controlled action determination1 370 2 Delays in obtaining sufficient information to make an informed decision
77(1) Controlled action determination Notice 368 29 Delays in automated notification due to technical difficulties
77(4) Statement of Reasons2 37 9 Need to obtain legal advice/review
88(1) Assessment approach decision 82 35 Delays in obtaining sufficient information to make an informed decision and the need to wait for the relevant states to provide advice as to whether or not the project would be assessed under a bilateral agreement
88(2) Assessment approach decision and controlled action determination made on the same day 108 2 Need to wait for relevant states to provide advice as to whether or not the project would be assessed under a bilateral agreement
93(1) Recommendation report 2 1 Need to consider all relevant material and for additional stakeholder consultation.
95(1) Assessment Report1 6 5 Need to adequately consider complex technical issues
95(2)/95A(3) Direction to publish 30 15 Need to consider all relevant material and for additional stakeholder consultation
95A(2) Request further information 23 2 Need to consider all relevant material and for additional stakeholder consultation
95C/130(1B)(c) Recommendation report 28 8 Need for additional stakeholder consultation and to consider all relevant material.
96A(4)(a) Provide Public Environmental Report guidelines to designated proponent 3 2 Need to adequately consider complex technical issues
96A(4)(b) invitation to comment on a draft of tailored guidelines for the preparation of a report 2 1 Delay in reply from party invited to comment
100(1) Assessment report1 2 2 Need to adequately consider complex technical issues
101A(4)(a) provide Environmental Impact Statement guidelines to designated proponent 5 1 Need to adequately consider complex technical issues
102(1) Statement guidelines1 1 1 Joint assessment with state: need to ensure both jurisdictions are satisfied with guidelines.
130 (1) Approval decision1 15 8 Need for ongoing consultation with proponent/states over content of final approval conditions.
130(1B) Timing of decision on approval 36 20 Need for ongoing consultation with proponent/states over content of final approval conditions.
170A(h) Internet publication of draft or finalised report/statement by a designated proponent1 5 1 Delays in automated notification due to technical difficulties
170A(i) Internet publication of each assessment report1 6 1 Delays in automated notification due to technical difficulties
170A(ia) Internet publication of each recommendation report given to the Minister 25 2 Delays in automated notification due to technical difficulties

Notes:
1Prior to the February 2007 amendments to the EPBC Act
2Including under the AD(JR) Act

Table 19: Other provisions
Section Total Late Reasons for Delay
Part 13 Species and communities
266B(6) Internet publication of approved conservation advice. 9 9 Administrative oversight.
269AA(1) Decision whether to have a recovery plan. 35 3 Delays in providing advice to decision-maker.
270A(1) Decision whether to have a threat abatement plan 1 1 Administrative oversight. 
279(2) Review of plans 2 2 Decision to delay review in order to seek further information.
Part 15 Protected areas
324JJ(2) Decision about inclusion of a place in the National Heritage List 21 11 Principally timing of announcements to better provide for publicity for heritage listing. Of the 11 delays, 10 related to assessment reports delivered in 2006–07.
341JI(2) Decision about inclusion of a place in the Commonwealth heritage list 2 2 Administrative delays.
Regulations
8A.17(1) Call for register of interested people 1 1 Administrative oversight.1

Note:
1 Previous calls for register of interested people had no responses and no permit applications requiring public consultation.

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