Appendices

Appendix A—Statistics

Table 1: Overview of referrals

Referrals	2010–11	Total since commencement of EPBC Act in 2000
Referrals being processed at 1 July 2010	92
Total referrals received	428	3 982
Referrals withdrawn before (controlled action) decision	22	144
Referrals where a decision has been made (including reconsiderations)	400	3 744
Approval required—controlled action	150	1 022
Approval not required—action to be taken in a particular manner	104	751
Approval not required—no conditions on action	146	1 964
Action clearly unacceptable	0	7
Referrals lapsed after (controlled action) decision	6	37
Referrals withdrawn after (controlled action) decision	18	182
Referrals being processed at 30 June 2011	108

Table 2: Reconsideration of decisions

Reconsideration of decisions	Decisions
Reconsideration decisions being processed at 1 July 2010			5
Reconsideration requests received 2010–11			11
Reconsideration decisions made	Total 16
Original decision confirmed		3
Decision revoked and new decision substituted		13
Decision changed from CA to NCA	1
Decision changed from NCA to NCA	1
Decision changed from NCA to CA	1
Decision changed from NCA (particular manner) to CA	3
Decision changed from NCA (particular manner) to NCA	1
Decision changed from NCA (particular manner) to new manners	6
Reconsiderations pending at 30 June 2011			0

Note: the indented figures reflect the breakdown of the total 16 decisions.

Table 3: Referrals and referral decisions by jurisdiction

	Referrals received in 2010–11		Decisions made in 2010–11
			Action clearly unacceptable	Approval required	Approval not required		Total decisions
				CA	PM	NCA
Antarctica	1				1		1
Christmas Island
Cocos-Keeling Island	2			1	1		2
Commonwealth marine	27				20	2	22
Norfolk Island
Other Aust Territory	2				1		1
Other country
ACT	13			5	5	6	16
Jervis Bay Territory
NSW	93			33	8	42	83
NT	8			2	2	3	7
Qld	101			30	18	42	90
SA	16			6	8	2	16
Tas	14			6	6	4	16
Vic	71			17	11	35	63
WA	80			50	23	10	83
Total	428			150	104	146	400

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 2010–11		Decisions made in 2010–11
			Action clearly unacceptable	Approval required	Approval not required		Total decisions
				CA	PM	NCA
Agriculture and forestry	4			3	1	1	5
Aquaculture
Commercial development	25			13	2	7	22
Commonwealth	10			5	4	2	11
Energy generation and supply (non-renewable)	18			4	4	10	18
Energy generation and supply (renewable)	16			7	1	5	13
Exploration (mineral, oil and gas—marine)	41			1	33	1	35
Exploration (mineral, oil and gas—non-marine)	5			1	4		5
Manufacturing					1		1
Mining	75			54	4	14	72
Natural resources management	25			5	8	9	22
Private	6				1	5	6
Residential development	59			25	9	17	51
Science and research	10			1	5	4	10
Telecommunications	4				1	2	3
Tourism and recreation	14			6	6	9	21
Transport—air and space	3				1	2	3
Transport—land	60			17	9	30	56
Transport—water	10				5	3	8
Waste management (non-sewerage)	5			2		3	5
Waste management (sewerage)	11			4	1	6	11
Water management and use	27			2	4	16	22
Total	428			150	104	146	400

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 assess. decided in 2010–11	Assess. completed in 2010–11	Assess. withdrawn in 2010–11	Assess. lapsed in 2010–11	Recom. reports completed in 2010–11	Recom. reports (no approval) completed in 2010–11	Assess. in progress at 30 June 2011	Recom. reports in progress at 30 June 2011
Commonwealth Assessments
Preliminary documentation	86	51	8	5	51	4	123	15
Public environment report	7	6	2	1	6	1	18	1
Referral information	13	13	0	0	13	1	3	0
Environmental impact statement	13	6	1	0	6	0	33	6
State/Territory Assessments
Bilateral assessment	14	17	4	0	0	0	94	0
Accredited process	12	5	2	0	0	0	43	0

Table 6: Approvals in 2010–11

Type of approval	Number of approvals	Number of approvals since the commencement of the Act
Action approved	103	465
Not approved	2	10
Total decisions	105	475
Awaiting approval at 30 June 2010	18
Awaiting further information from proponent	11

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	18	17	1	0	0
R6.01—Sea Installations Permit	0	0	0	0	0
S160—Airport Major Development Plan	4	4	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	10
Section 15B	National Heritage values of a National Heritage listed place	10	12
Section 16	Ecological character of a declared Ramsar wetland	9	16
Section 18	Listed threatened species or ecological community	81	130
Section 20	Listed migratory species	44	47
Section 21	Nuclear activities with a significant impact on the environment	1	2
Section 23	Commonwealth marine environment	33	7
Section 24B	Activities in the Great Barrier Reef Marine Park	2	4
Division 2	Proposals involving the Commonwealth
Section 26	Commonwealth land	6	4
Section 27B	Activities involving Commonwealth heritage listed places overseas	0	0
Section 28	Commonwealth or Commonwealth agency activity	8	5
Total		199	240

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 2010 Finalised Priority Assessment list	9	8	0
Items on which the Threatened Species Scientific Committee has provided advice to the minister*	50	5	3
Ministerial decisions made on Threatened Species Scientific Committee advice	47	2	0
Ministerial decisions pending on Threatened Species Scientific Committee advice	3	3	3
Number of ministerial decisions made on Threatened Species Scientific Committee advice in the following categories;
up-listed	1	0	0
down-listed	3	0	0
new	28	2	0
de-listed	13	0	0
rejected/ineligible	2	0	0
no change in status	0	0	0
Number of amendments to the list	47	2	0
Total number of listings as at 30 June 2011	1 785	50	19

* Includes ongoing assessments from the 2007, 2008 and 2009 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	852	673	153	1		1	31	18	1729
Number covered by plans in preparation	100	81	16	0		1	10	14	222
Number covered by plans in place	251	396	74	1		0	18	1	741
Percentage covered by plans in place or in preparation	41%	71%	59%	100%		100%	90%	83%	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) on page 119.

Table 11: Number of recovery plans in preparation and in place at 30 June 2011

	Single species	Multispecies	Ecological communities	Multiregional	Total
Number of plans in place	398	40	16	5	459
Number of plans in preparation*	102	22	24	3	151
Number of plans made or adopted in 2010–11	70	2	1	2	75
Number of plans due for adoption in 2010–11 not yet adopted**	4	0	3	0	7

Notes:

*  Does not include 29 existing plans that are being revised

** Recovery plans due for adoption in 2010–11 but not yet adopted:
Litoria booroolongensis (Booroolong Frog)
Miniopterus schreibersii bassanii (Southern bent-wing bat)
Nangura spinosa (Nangur spiny skink)
Pristis zijsron (Green sawfish)
Iron-grass Natural Temperate Grassland of South Australia
Natural Temperate Grassland of the Victorian Volcanic Plain
Peppermint Box (Eucalyptus odorata) Grassy Woodland of South Australia

Table 12: Cetacean permits-applications received and permits granted 2010–11

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	7	5	0	0
238 (3) (c) whale watching	0	0	0	0
Total	7	5	0	0

Table 13: Assessments of Commonwealth and state managed fisheries completed 2010–11

Jurisdiction	Fishery	Current assessment decisions	Decision date
WA	Onslow and Nickol Bay Prawn Managed Fisheries	Exempt	12/08/2010
WA	Broome Prawn Managed Fishery	Exempt	12/08/2010
WA	Kimberley Prawn Managed Fishery	Exempt	12/08/2010
SA	South Australian Seahorse Marine Services	WTO	12/08/2010
QLD	Queensland Gulf of Carpentaria Line Fishery	WTO	25/08/2010
SA	Scallop and Turbo Fishery	Exempt	27/08/2010
QLD	Queensland Blue Swimmer Crab Fishery	Exempt	12/10/2010
Commonwealth	Southern Bluefin Tuna Fishery	WTO	19/10/2010
Commonwealth	Coral Sea Fishery	WTO	17/11/2010
QLD	Gulf of Carpentaria Developmental Fin Fish Trawl Fishery	Exempt	25/11/2010
QLD	Queensland East Coast Otter Trawl Fishery	WTO	25/11/2010
QLD	Queensland Commercial Crayfish and Rocklobster Fishery	Exempt	29/11/2010
Commonwealth	High Seas Fishery	Exempt	07/12/2010
NSW	New South Wales Ocean Trap and Line Fishery	WTO	13/12/2010
Commonwealth	Torres Strait Tropical Rock Lobster Fishery	WTO	17/01/2011
Commonwealth	Eastern Tuna and Billfish Fishery	WTO	24/02/2011
WA	Octopus Fisheries	Exempt	23/03/2011
WA	Pilbara Fish Trawl Fishery	WTO	23/03/2011
Commonwealth	Macquarie Island Toothfish Fishery	Exempt	11/04/2011
SA	Lakes and Coorong Fishery	WTO	23/05/2011
Commonwealth	Torres Strait Beche-de-mer Fishery	WTO	16/06/2011
NT	Northern Territory Aquarium Fishery	WTO	24/06/2011

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 2010–11 are listed in Tables 14 and 15 below.

Table 14: Referrals, assessments and approvals in 2010–11

Section	Total	Late	Reasons for delay
75(5) Controlled action determination	389	119	Administrative delays and further information and consultation required
77(1) Controlled action determination notice	385	13	Administrative delays
88(1) Assessment approach decision	124	50	Administrative delays
88(2) Assessment approach decision and controlled action determination made on the same day	124	8	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
91(1) Notice of decision on assessment approach	144	11	Administrative delays
95(2) Direction to publish	59	11	Administrative delays
95A(2) Request for further information	66	6	Administrative delays and further information and consultation required
95A(3) Direction to publish	59	11	Administrative delays and further information and consultation required
95C(2) Recommendation report	51	7	Further information and consultation required
100(2) Recommendation report	6	1	Administrative delays
101A(4)(a) Provide Environmental Impact Statement guidelines to designated proponent	2	2	Need to consult with the state
101A(4)(b) Provide Environmental Impact Assessment guidelines to designated proponent	5	2	Administrative delays and further information and consultation required
130(1) Approval decision (pre-amendment)	1	1	Administrative delays
130(1B) Timing of decision on approval	104	27	Administrative delays and further information and consultation required
156B(1) Decision whether to accept a varied proposal	17	2	Administrative delays
156F(5) Publication of notice relating to change of person proposing to take action	9	3	Administrative delays
170A(c) Publication of information relating to assessments: controlled action decisions	385	13	Administrative delays
170A(d) Publication of information relating to assessments: decisions on assessment approach	144	11	Administrative delays
170A(e) Publication of information relating to assessments: preliminary documentation	77	21	Administrative delays
170A(f) Publication of information relating to assessments: guidelines	6	1	Administrative delays
170A(h) Publication of information relating to assessments: reports or statements	22	6	Administrative delays
170A(i) Publication of information relating to assessments: final recommendation report	27	7	Administrative delays
170A(ia) Publication of information relating to assessments: recommendation reports	59	40	Administrative delays
170A(j) Publication of information relating to assessments: other matters	103	1	Administrative delays

Table 15: Other provisions

Section	Total	Late	Reasons for delay
194Q(3) Decision whether to include item	53	2	Administrative delays
266B(6) Approved conservation advice for listed threatened species and listed threatened ecological communities	53	53	Administrative delays
303CI Time limit for making permit decisions – CITES	1 060	1	Administrative delays
303EG(1) Timing of decision about proposed amendment of list	7	4	Administrative delays

Appendix B—Committees

Threatened Species Scientific Committee

The committee advises the minister on the amendment and updating of the EPBC Act’s lists of threatened species, threatened ecological communities, and key threatening processes, and on the making or adoption of recovery plans and threat abatement plans.

Table 16: Membership of the Threatened Species Scientific Committee at 30 June 2011

Membership
Associate Professor Peter Harrison
Dr Andrea Taylor
Dr Bill Humphreys
Dr Tony Lewis
Dr John Woinarski
Dr Rosemary Purdie
Mr Guy Fitzhardinge
Associate Professor Keith Walker
Dr Gordon Guymer

The position of chair of the committee was vacant at 30 June 2011 following the retirement of Associate Professor Bob Beeton.

Indigenous Advisory Committee

The Indigenous Advisory Committee established under section 505B of the EPBC Act provides advice to the minister on the operation of the EPBC Act by incorporating Indigenous people’s knowledge of land management and the conservation and sustainable use of biodiversity.

Table 17: Membership of the Indigenous Advisory Committee at 30 June 2011

Membership
Ms Melissa George (Chair)
Ms Chrissy Grant (Deputy Chair)
Mr Jason Field
Mr Dave Johnston
Mr Frank Loban
Mr Damein Bell
Ms Francine McCarthy
Mr Joe Morrison
Mr Kado Muir
Mr Daniel Oades
Mr Klynton Wanganeen
[Vacant position]

Appendix C—2010–11 publications

Guidelines and policy statements

EPBC Act policy statement 3.25—Referral guidelines for the endangered northern quoll, Dasyurus hallucatus

EPBC Act policy statement 3.26—Referral guidelines for the vulnerable black-eyed susan, Tetratheca juncea

EPBC Act policy statement 3.31—Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest – a guide to identifying and protecting the nationally threatened ecological community

EPBC Act policy statement 5.1—Magnetic Island, Queensland (Region)

Guidelines for Section 516A reporting—Environment Protection and Biodiversity Conservation Act 1999

EPBC Act—Draft referral guidelines for the endangered southern brown bandicoot (eastern), Isoodon obesulus obesulus

EPBC Act policy statement 3.28—Referral guidelines for the vulnerable striped legless lizard, Delma impar

EPBC Act—Draft referral guidelines for the nationally listed Brigalow Belt reptiles

EPBC Act—Survey guidelines for detecting Australia’s threatened fish 

EPBC Act—Survey guidelines for Australia’s threatened mammals

EPBC Act—Survey guidelines for Australia’s threatened reptiles

Australia’s in situ recovery uranium mining best practice guide: groundwaters, residues and radiation protection—guide

Pamphlets, factsheets and other publications

Advice on the presence of hybrids in listed ecological communities

Bushfire management and national environment law—fact sheet

Compliance audits completed during 2010—summary of findings

Compliance audits completed during 2011—summary of findings

Farming and national environment law—fact sheet

Farming and nationally protected coolibah—black box woodlands—fact sheet

Farming and nationally protected grey box woodlands and grasslands—fact sheet

Farming and nationally protected New England peppermint (Eucalyptus nova-anglica) grassy woodlands—fact sheet

How does national environmental law apply to the natural disasters clean-up?—fact sheet

How does the listing of gamba grass and four other grasses as a key threatening process affect me?—Q&A

National environment law—project assessments basics—fact sheet

Northern Territory cattle production and national environment law—fact sheet

Oil and gas industry and national environment law—fact sheet

Protecting Australia’s world heritage properties—fact sheet

Rumours, myths and misconceptions...farming and national environment law—fact sheet

Strategic assessments frequently asked questions

A brochure on wildlife trade and CITES (jointly produced in collaboration with the New Zealand CITES Management Authority) was translated into Bislama (Vanuatu)

If in doubt–check it out—does your luggage break wildlife laws?—updated brochure

If in doubt–check it out—luggage tags to promote the message of wildlife trade regulations to travellers.

Appendix D—Key threatening processes and threat abatement plans

Table 18: Key threatening processes and threat abatement plans

Key threatening process	Date of effect	Threat abatement plan required?	Approved threat abatement plan
Competition and land degradation by rabbits	16 July 2000	Yes	2008
Competition and land degradation by unmanaged goats	16 July 2000	Yes	2008
Dieback caused by the root-rot fungus (Phytophthora cinnamomi)	16 July 2000	Yes	2001*
Incidental catch (bycatch) of sea turtles during coastal otter-trawling operations within Australian waters north of 28 degrees south	4 April 2001	No
Incidental catch (or bycatch) of seabirds during oceanic longline fishing operations	16 July 2000	Yes	2006
Infection of amphibians with chytrid fungus resulting in chytridiomycosis	23 July 2002	Yes	2006
Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris	13 August 2003	Yes	2009
Invasion of northern Australia by gamba grass and other introduced grasses	16 September 2009	Yes**
Land clearance	4 April 2001	No
Loss and degradation of native plant and animal habitat by invasion of escaped garden plants, including aquatic plants	8 January 2010	No
Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant (Anoplolepis gracilipes) on Christmas Island, Indian Ocean	12 April 2005	No#	2006#
Loss of terrestrial climatic habitat caused by anthropogenic emissions of greenhouse gases	4 April 2001	No
Predation by European red fox	16 July 2000	Yes	2008
Predation by exotic rats on Australian offshore islands of less than 1000 square kilometres (100 000 hectares)	29 March 2006	Yes	2009
Predation by feral cats	16 July 2000	Yes	2008
Predation, habitat degradation, competition and disease transmission by feral pigs	6 August 2001	Yes	2005
Psittacine Circoviral (beak and feather) Disease affecting endangered psittacine species	4 April 2001	Yes	2005
The biological effects, including lethal toxic ingestion, caused by cane toads (Bufo marinus)	12 April 2005	Yes	2011
The reduction in the biodiversity of Australian native fauna and flora due to the red imported fire ant, Solenopsis invicta (fire ant)	2 April 2003	No#	2006#

*  This threat abatement plan was disallowed in the Senate on 17 November 2009. Until such time as a new or revised plan is made, the 2001 threat abatement plan remains in place.

#  Both of these key threatening processes are covered by the 2006 threat abatement plan: ‘The impacts of tramp ants on biodiversity in Australia and its territories’ and so separate threat abatement plans for each are not required at this time.

** Section 273 of the EPBC Act requires a plan to be made and in force within three years of the decision to have the plan, in this case by September 2012.

Resources

The following resources relate to information referred to in Outcome 1, Biodiversity and Ecosystems Legislation.

Assessments and approvals
www.environment.gov.au/epbc/notices/index.html

Bilateral agreements
www.environment.gov.au/epbc/assessments/bilateral/index.html

Compliance audit plan
www.environment.gov.au/epbc/compliance/auditing.html

Compliance and enforcement
www.environment.gov.au/about/publications/compliancepolicy.html

EPBC Act
www.environment.gov.au/epbc/review
www.environment.gov.au/epbc/publications/epbc-review-govt-response.html

EPBC Act review
www.environment.gov.au/epbc/review/submissions/
www.environment.gov.au/epbc/review
www.environment.gov.au/epbc/publications/epbc-review-govt-response.html

Fisheries assessment and approvals
www.environment.gov.au/coasts/fisheries/index.html

Natural Resource Management
www.nrm.gov.au/publications/books/caring-outcomes.html
www.nrm.gov.au

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