Annual reports

Department of the Environment, Water, Heritage and the Arts Annual Report 2009-10

Department of the Environment, Water, Heritage and the Arts, 2010
ISSN 1441-9335

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

Appendix A - Statistics

Table 1: Overview of referrals
Referrals 2009–10 Total since
commencement
of EPBC Act in 2000
Referrals being processed at 1 July 2009 76  
Total referrals received 422 3554
Referrals withdrawn before (Controlled Action) decision 29 125
Referrals where a decision has been made (including reconsiderations) 385 3337
  Approval Required - controlled action 140 866
  Approval Not Required - action to be taken in a particular manner 107 650
  Approval Not Required - no conditions on action 137 1814
  Action Clearly unacceptable 1 7
Referrals lapsed after (Controlled Action) decision 10 28
Referrals withdrawn after (Controlled Action) decision 18 163
Referrals being processed at 30 June 2010 92  
Table 2: Reconsideration of decisions
Reconsideration of decisions
Reconsideration decisions being processed at 1 July 2009     2
Reconsideration requests received 2009-10     17
Reconsideration decisions made     13
  Original Decision Confirmed   6  
  Decision Revoked and New Decision substituted   7  
  Decision changed from CA to NCA 1    
  Decision changed from CA to NCA (particular manner) 2    
  Decision changed from CA to Revised Controlling Provisions 1    
  Decision changed from NCA (particular manner) to new manners 3    
Reconsideration request withdrawn     1
Reconsiderations pending at 30 June 2010     5

Note: CA = controlled action; NCA = not controlled action

Table 3: Referrals and referral decisions by jurisdiction
  Referrals
received
in 2009–10		 Decisions made in 2009–10
Action Clearly
Unacceptable		 Approval
required		 Approval
not required		 Total
decisions
CA PM NCA
Antarctica 0   0 0 0 0
Christmas Is 2   0 1 1 2
Cocos-Keeling Is 3   1 0 2 3
Commonwealth Marine 31   0 25 2 27
Norfolk Is 3   2 2 0 4
Other Aust Territory 1   0 0 1 1
Other Country 0   0 0 0 0
ACT 21   6 10 3 19
Jervis Bay Territory 0   0 0 0 0
NSW 65   27 1 33 61
NT 10   4 3 2 9
Qld 86 1 38 16 25 80
SA 23   6 5 9 20
Tas 11   5 3 1 9
Vic 84   17 16 46 79
WA 82   34 25 12 71
Total 422 1 140 107 137 385

Note: CA = controlled action; NCA = not controlled action; PM = action to be take in a particular manner

Table 4: Referrals and referral decisions by activity category
  Referrals
received in
2009–10		 Decisions made in 2009–10
Action Clearly
Unacceptable		 Approval
required		 Approval
not required		 Total
decisions
CA PM NCA  
Agriculture and Forestry 4   1 0 1 2
Aquaculture 3   0 0 2 2
Commercial development 22   8 6 9 23
Commonwealth 11   3 4 4 11
Energy generation and supply (non-renewable) 32   10 9 13 32
Energy generation and supply (renewable) 8   3 2 5 10
Exploration (mineral, oil and gas - marine) 42   0 31 2 33
Exploration (mineral, oil and gas - non-marine) 4   1 2 1 4
Fishing 1   0 0 1 1
Manufacturing 3   2 0 0 2
Mining 68   41 4 18 63
Natural Resources Management 17   3 4 6 13
Private 2   0 0 1 1
Residential development 49   21 9 16 46
Science and research 6   1 4 2 7
Telecommunications 2   0 1 1 2
Tourism and recreation 30 1 8 4 11 24
Transport - air and space 4   2 0 1 3
Transport - land 68   22 14 24 60
Transport - water 8   3 2 3 8
Waste management (non-sewerage) 8   0 2 5 7
Waste management (sewerage) 7   2 1 3 6
Water management and use 23   9 8 8 25
Total 422 1 140 107 137 385

Note: CA = controlled action; NCA = not controlled action; PM = action to be take in a particular manner

Table 5: Decisions on assessment approach and assessments by type
  Type of assessment decided in 2009–10 Assessments completed in 2009–10 Assessments withdrawn in 2009–10 Assessments lapsed in 2009–10 Recommendation reports completed in 2009–10 Recommendation report (no approval) completed in 2009–10 Assessments in progress at 30 June 2010 Recommendation reports in progress at 30 June 2010
Assessments by Commonwealth Government
Preliminary documentation 66 41 7 2 38 4 84 18
Public environment report 11 6 2 2 5 1 18 1
Referral information 12 9 0 0 9 1 3 0
Environmental impact statement 5 8 0 0 1 1 21 8
Assessments by State/Territory Governments
Bilateral assessment 33 26 2 2 0 0 90 0
Accredited process 11 1 3 0 0 0 26 0
Table 6: Approvals in 2009–10
Type of approval Number of
approvals		 Number of approvals since the
commencement of the Act*
Action approved 66 362
Not approved 2 8
Total decisions 68 370
Awaiting approval at 30 June 2010 30  
Awaiting further information from proponent 20  

* This table previously counted each decision on approval; however, it has been revised this year to only include the total number of actions where a final decision on approval has been made.

Table 7: Advice requested and provided under section 160
Authorisation
provision		 Requests
for advice		 Advice not
required		 Advice
required		 Assessment
completed		 Advice
provided
R6.01 - Sea Dumping Permit 2 0 2 1 1
R6.01 - Sea Installations Permit 0 0 0 0 0
S160 - Airport Major Development Plan 3 3 0 0 0
S160 - Airspace Management 0 0 0 0 0
S160 - Foreign Aid 0 0 0 0 0
Table 8: Number of matters protected by the EPBC Act
  Matter protected Not controlled
action -
particular manner		 Controlled
action
Division 1 Matters of national environmental significance
Section 12 World Heritage values of a World Heritage listed property 5 15
Section 15B National heritage values of a national heritage listed place 7 21
Section 16 Ecological character of a declared Ramsar wetland 11 12
Section 18 Listed threatened species or ecological community 94 135
Section 20 Listed migratory species 48 51
Section 21 Nuclear activities with a significant impact on the environment 1 4
Section 23 Commonwealth marine environment 36 3
Section 24B Activities in the Great Barrier Reef Marine Park 0 0
Division 2 Proposals involving the Commonwealth
Section 26 Commonwealth land 10 13
Section 27B Activities involving Commonwealth heritage listed places overseas 0 0
Section 28 Commonwealth or Commonwealth agency activity 8 4
Total  220 258
Table 9: Processing of nominations and changes to the list of threatened species, ecological communities and key threatening processes
  Species Ecological
communities		 Key
threatening
processes
Nominations on the 2009 Finalised Priority Assessment list* 17 5 1
Items on which the Threatened Species Scientific Committee has provided advice to the minister 43 3 1
Ministerial decisions made on Threatened Species Scientific Committee advice 33 3 2
Number of ministerial decisions made on Threatened Species Scientific Committee Advice where the minister's 90-day deadline was met, being: 33 3 0
  uplisted 3 1 0
  downlisted 0 0 0
  new 23 2 2
  delisted 5 1 0
  rejected/ineligible 2 0 0
  no change in status 0 0 0
Number of amendments to the list 33 4 2
Total number of listings as at 30 June 2010 1,770 48 19

*In addition to ongoing assessments from the 2007 and 2008 Finalised Priority Assessment Lists. Figures include both public nominations and nominations from the Threatened Species Scientific Committee.

Table 10: Species and ecological communities covered by recovery plans (at 30 June 2010)*
  Species Ecological communities Total
Vulnerable Endangered Critically
endangered		 Extinct in
the wild		 Vulnerable Endangered Critically
endangered
Total number of listed entities 857 664 142 1 1 30 17 1712
Number covered by plans in preparation 159 148 35 0 1 9 14 366
Number covered by plans in place 189 325 56 1 0 17 1 589
Percentage covered by plans in place or in preparation 41% 71% 64% 100% 100% 87% 88% 56%

* Note: the remaining 44% of listed species not covered by recovery plans are covered by conservation advices (see the section on Managing threatened species and ecological communities).

Table 11: Number of recovery plans in preparation and in place at 30 June 2010
  Single
species		 Multispecies Ecological
communities		 Multiregional Total
Number of plans in place 333 39 15 3 390
Number of plans in preparation 176 21 23 5 225
Number of plans made or adopted in 2009-10 56 3 2 2 63
Table 12: Cetacean permits-applications received and permits granted 2009–10
Sub-section of EPBC Act Applications
received		 Permits
granted		 Conditions
varied or
revoked		 Suspended
or cancelled
238 (3) (a) cetacean conservation; or (b) incidental interference 3 3 0 0
238 (3) (c) whale watching 0 0 0 0
Total 3 3 0 0
Table 13: Assessments of Commonwealth and state managed fisheries completed 2009-10
Jurisdiction Fishery Current
assessment
decisions		 Decision date
QLD Queensland Coral Fishery WTO 15/07/2009
WA Northern Developmental Blue Swimmer Crab Fishery WTO 15/07/2009
TAS Tasmanian Giant Crab Fishery Exempt 29/07/2009
WA Shark Bay Snapper Fishery Exempt 29/09/2009
VIC Victorian Rock Lobster Fishery Exempt 30/09/2009
WA Western Australian Abalone Fishery WTO 6/10/2009
QLD Queensland Eel Fishery Exempt 2/11/2009
TAS Tasmanian Freshwater Eel Fishery Exempt 2/11/2009
WA Western Australian Salmon Fisheries Exempt 13/11/2009
WA Western Australian Mackerel Fishery Exempt 17/11/2009
SA South Australian Sardine Fishery (formerly Pilchard Fishery ) Exempt 27/11/2009
All Aquaculture Fishery Exempt 1/12/2009
Commonwealth Western Tuna and Billfish Fishery Exempt 1/12/2009
VIC PQ Aquatics Exempt 22/12/2009
SA South Australian Giant Crab Fishery Exempt 23/01/2010
Commonwealth Small Pelagic Fishery Exempt 1/02/2010
Commonwealth Southern and Eastern Scalefish and Shark Fishery WTO 19/02/2010
VIC Victorian Giant Crab Fishery WTO 12/03/2010
QLD Queensland East Coast Pearl Fishery Exempt 16/03/2010
SA South Australian Blue Crab Fishery Exempt 15/04/2010
Commonwealth Bass Strait Central Zone Scallop Fishery Exempt 21/04/2010
Commonwealth Southern Squid Jig Fishery Exempt 28/04/2010
QLD Rocky Reef Fin Fish Fishery WTO 29/04/2010
WA West Coast Deep Sea Crustacean Interim Managed Fishery WTO 5/05/2010
SA South Australian Specimen Shell Fishery Exempt 20/05/2010
WA Specimen Shell Managed Fishery Exempt 20/05/2010
WA Northern Demersal Scalefish Managed Fishery Exempt 9/06/2010

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 statutory timeframes in 2009-10 are listed in Tables 14 and 15.

Table 14: Referrals, assessments and approvals in 2009–10
Section Total Late Reasons for delay
74B(1) Decision that action is clearly unacceptable 1 1 Need for adequate consideration of complex issues
75(5) Controlled action determination 377 94 Administrative delays and further information and consultation required
77(1) Controlled action determination notice 374 11 Administrative delays
77(4) Reasons for decision 26 13 Administrative delays
88(1) Assessment approach decision 105 35 Administrative delays
88(2) Assessment approach decision and controlled action determination made on the same day 105 3 Administrative delays and delays in waiting for relevant states to provide advice as to whether or not the project would be assessed under a bilateral agreement
93(1) Recommendation report 9 6 Administrative delays and further information and consultation required
95A(2) Request for further information 53 11 Administrative delays and further information and consultation required
95A(3) Direction to publish 42 6 Administrative delays and further information and consultation required
95C(2) Recommendation report 37 6 Further information and consultation required
96A(4)(a) Provide Public Environmental Report guidelines to designated proponent 4 1 Further information and consultation required
100(1) Assessment report (pre-amendment) 1 1 Need for adequate consideration of complex issues
101A(4)(a) Provide Environmental Impact statement guidelines to designated proponent 2 1 Joint assessment with state: need to ensure jurisdiction is satisfied with guidelines
101A(4)(b) Provide Environmental Impact Assessment guidelines to designated proponent 3 1 Administrative delays
105(1) Assessment report (pre-amendment) 1 1 Original decision overturned by court, new assessment report required
130(1) Approval decision (pre-amendment) 7 4 Further information and consultation required
130(1B) Timing of decision on approval 61 15 Administrative delays and further information and consultation required
156B(1) Decision whether to accept a varied proposal 16 9 Administrative delays
156F(5) Publication of notice relating to change of person proposing to take action 13 4 Administrative delays and further information and consultation required
170A(c) Publication of information relating to assessments: controlled action decisions 374 11 Administrative delays
170A(e) Publication of information relating to assessments: preliminary documentation 40 10 Administrative delays
170A(h) Publication of information relating to assessments: reports or statements 12 2 Administrative error
Table 15: Other provisions
Section Total Late Reasons for delay
194Q(8) Decision on listing 2 1 Administrative error
266B(6) Approved conservation advice for listed threatened species and listed threatened ecological communities 48 22 Administrative delays
303CI Time limit for making permit decisions - CITES 912 28 Administrative delays
303DH Time limit for making permit decisions - exporting native specimens 737 12 Administrative delays
303EG(1) Timing of decision about proposed amendment of list 2 1 Administrative error
324JJ(2) Decisions on inclusion of a place in the NHL 1 1 Administrative delays

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