Annual reports

Department of Sustainability, Environment, Water, Population and Communities Annual Report 2011-12

Department of Sustainability, Environment, Water, Population and Communities, 2012
ISSN 1441-9335

Outcome 5: Operation of the Environment Protection and Biodiversity Conservation Act 1999

Appendix A: Statistics

Table A1: Overview of referrals
Referrals 2011-12 Total since commencement of EPBC Act in 2000
Referrals being processed at 1 July 2010 108  
Total referrals received 412 4394
Referrals withdrawn before (controlled action) decision 30 174
Referrals where a decision has been made (including reconsiderations) 378 4107
Approval required-controlled action 132 1146
Approval not required-action to be taken in a particular manner 94 840
Approval not required-no conditions on action 151 2113
Action clearly unacceptable 1 8
Referrals lapsed after (controlled action) decision 10 46
Referrals withdrawn after (controlled action) decision 23 204
Referrals being processed at 30 June 2012 114  
Table A2: Reconsideration of decisions
Reconsideration of decisions Decisions
Reconsideration decisions being processed at 1 July 2011     1
Reconsideration requests received 2011-12     5
Reconsideration decisions made Total 4
Original decision confirmed   1  
Decision revoked and new decision substituted   3  
Decision changed from CA to revised controlling provisions 1    
Decision changed from NCA (particular manner) to new manners 2    
Reconsiderations pending at 30 June 2012     2

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

Table A3: Referrals and referral decisions by jurisdiction
Referrals received in 2010-11 Decisions made in 2011-12
Action clearly unacceptable Approval required Approval not required Total decisions
  CA PM NCA  
Antarctica            
Christmas Island 3     1 1 2
Cocos-Keeling Island 1          
Commonwealth marine 21   2 24   26
Norfolk Island            
Other Australian Territory            
Other country            
ACT 18   8 1 2 11
Jervis Bay Territory            
NSW 69   20 12 30 62
NT 9   5 2   7
Qld 91   43 13 34 90
SA 23   3 4 14 21
Tas 23   5 4 6 15
Vic 55 1 16 12 24 53
WA 99   30 21 40 91
Total 412 1 132 94 151 378

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

Table A4: Referrals and referral decisions by activity category
Referrals received in 2010-11 Decisions made in 2011-12
Action clearly unacceptable Approval required Approval not required Total decisions
CA PM NCA
Agriculture and forestry 5     2 2 4
Aquaculture 1          
Commercial development 25   9 3 9 21
Commonwealth 8   1 4   5
Energy generation and supply (non-renewable) 18   4 2 12 18
Energy generation and supply (renewable) 10   3   7 10
Exploration (mineral, oil and gas—marine) 38   2 35 2 39
Exploration (mineral, oil and gas—non-marine) 1   1 2   3
Manufacturing 1       1 1
Mining 80   44 9 13 66
Natural resources management 28 1 4 2 13 20
Private 5   1 1 2 4
Residential development 55   19 3 32 54
Science and research 8     5 1 6
Telecommunications 8     2 6 8
Tourism and recreation 18   2 3 11 16
Transport—air and space 3   2     2
Transport—land 42   16 7 18 41
Transport—water 19   10 9 2 21
Waste management (non-sewerage) 3       4 4
Waste management (sewerage) 7   1 1 2 4
Water management and use 29   11 6 14 31
Total 412 1 132 94 151 378

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

Table A5: Decisions on assessment approach and assessments by type
  Type of assessment decided in 2011-12 Assessments completed in 2011-12 Assessments withdrawn in 2011-12 Assessments lapsed in 2011-12 Recommendation reports completed in 2011-12 Recommendation reports (no approval) completed in 2011-12 Assessments in progress at 30 June 2012 Recommendation reports in progress at 30 June 2012
Commonwealth assessments
Preliminary documentation 67 53 6 7 53 10 128 15
Public environment report 4 3 1 0 3 0 17 3
Referral information 3 6 0 0 6 0 0 0
Environmental impact statement 18 3 4 0 3 0 43 4
State/Territory assessments
Bilateral assessment 23 17 4 1 0 0 91 0
Accredited process 14 4 4 2 0 0 48 0
Table A6: Approvals in 2011-12
Type of approval Number of approvals Number of approvals since the commencement of the Act
Action approved 75 542
Not approved 0 10
Total decisions 75 552
Awaiting approval at 30 June 2012 23  
Awaiting further information from proponent 10  
Table A7: 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 14 12 2 0 0
R6.01—Sea Installations Permit 0 0 0 0 0
S160—Airport Major Development Plan 3 2 1 (still to be decided) 0 0
S160—Airspace Management 1 0 1 0 0
S160—Foreign Aid 0 0 0 0 0
Table A8: 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 14 23
Section 15B National Heritage values of a National Heritage listed place 14 29
Section 16 Ecological character of a declared Ramsar wetland 6 11
Section 18 Listed threatened species or ecological community 82 129
Section 20 Listed migratory species 54 57
Section 21 Nuclear activities with a significant impact on the environment 0 0
Section 23 Commonwealth marine environment 36 19
Section 24B Activities in the Great Barrier Reef Marine Park 1 18
Division 2 Proposals involving the Commonwealth
Section 26 Commonwealth land 3 2
Section 27B Activities involving Commonwealth heritage listed places overseas 1 1
Section 28 Commonwealth or Commonwealth agency activity 10 2
Total 199 221
Table A9: Processing of nominations and changes to the list of threatened species, ecological communities and key threatening processes
  Species Ecological communities Key threatening processes
Items on which the Threatened Species Scientific Committee has provided advice to the minister* 95 9 1
Ministerial decisions made on Threatened Species Scientific Committee advice 15 6 0
Ministerial decisions pending on Threatened Species Scientific Committee advice 80 3 1
Number of ministerial decisions made on Threatened Species Scientific Committee advice in the following categories;      
up-listed 2 0 0
down-listed 5 0 0
new 6 0 0
de-listed 0 0 0
rejected/ineligible 1 0 0
no change in status 1 0 0
Number of amendments to the list 15 6 0
Total number of listings as at 30 June 2012 1791 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 A10: Species and ecological communities covered by recovery plans (at 30 June 2012)*
Species Ecological communities Total
Vulnerable Endangered Critically endangered Extinct in the wild Vulnerable Endangered Critically endangered
Total number of listed entities 853 675 161 1 1 34 21 1746
Number covered by plans in preparation 90 85 17 0 0 10 15 217
Number covered by plans in place 259 400 76 1 1 19 1 757
Percentage covered by plans in place or in preparation* 39% 72% 56% 100% 100% 85% 76% 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 A11: Number of recovery plans in preparation and in place at 30 June 2012
  Single species Multispecies Ecological communities Multiregional Total
Number of plans in place 394 43 18 5 460
Number of plans in preparation* 77 20 24 3 124
Number of plans made or adopted in 2011-12 18 3 6 0 27

*Note: Does not include 22 existing plans that are being revised.

Table A12: Cetacean permits-applications received and permits granted 2011-12
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 10 8 (2 permits were pending as at 30 June 2012) 0 0
238 (3) (c) whale watching 0 0 0 0
Total 10 8 0 0
Table A13: Assessments of Commonwealth-and-state managed fisheries completed 2011-12
Jurisdiction Fishery Current assessment decisions Decision date
LD East Coast Beche-de-mer Fishery WTO 18/07/2011
NT Trepang Fishery WTO 27/07/2011
NSW Abalone Fishery WTO 10/08/2011
Tas King Island Cast Bull Kelp Fishery Exempt 15/08/2011
Qld Fin Fish (Stout Whiting) Trawl Fishery WTO 16/08/2011
WA Beche-der-mer Fishery WTO 29/08/2011
Tas Commercial Dive Fishery Exempt 6/09/2011
WA Cocos Keeling Islands Marine Aquarium Managed Fishery Exempt 8/09/2011
SA Sea Urchin Fishery Exempt 28/09/2011
WA Shark Bay Crab (Interim) Managed Fishery Exempt 4/10/2011
Vic Sea Urchin Fishery Exempt 20/10/2011
WA South Coast Crustacean Fishery WTO 16/11/2011
NSW Estuary Prawn Trawl Fishery WTO 21/11/2011
Qld Marine Aquarium Fish Fishery WTO 25/11/2011
Qld Spanner Crab Fishery Exempt 19/01/2012
Vic Scallop Fishery WTO 23/01/2012
Commonwealth Skipjack Tuna Fishery Exempt 24/01/2012
Tas Scallop Fishery Exempt 27/01/2012
SA Marine Scalefish Fishery WTO 30/01/2012
Tas Abalone Fishery Exempt 31/01/2012
Tas Rock Lobster Exempt 1/02/2012
Qld East Coast Inshore Fin Fish Fishery WTO 23/02/2012
NSW Lobster Fishery Exempt 19/03/2012
Qld River and Inshore (Beam) Trawl Fishery WTO 10/04/2012
Tas Harvest of native oysters from the Tasmanian Shellfish Fishery Exempt 27/04/2012
Commonwealth Heard Island & McDonald Islands Fishery Exempt 7/05/2012
Qld Coral Fishery WTO 27/06/2012

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 2011-12 are listed in Tables 14 and 15 below.

Table A14: Referrals, assessments and approvals in 2011-12
Section Total Late Reasons for delay
74B(1)-Timing of decision on action is clearly unacceptable 1 1 Further detailed information sought from proponent
75(5) Controlled action determination 376 117 Administrative delays and further information and consultation required
77(1) Controlled action determination notice 371 34 Administrative delays
77(4) Controlled action timing of reasons for decision 3 2 Administrative delays
88(1) Assessment approach decision 106 46 Administrative delays
88(2) Assessment approach decision and controlled action determination made on the same day 106 10 Administrative delays
91(1) Notice of decision on assessment approach 129 24 Administrative delays
95A(2) Request for further information 57 8 Administrative delays and further information and consultation required
95A(3) Direction to publish 46 12 Administrative delays
95C(2) Recommendation report 53 7 Administrative delays
96A(4)(b) Public Environment Report guidelines 3 1 Administrative delays
101A(4)(b) Provide Environmental Impact Assessment guidelines to designated proponent 16 9 Administrative delays
105(1) Provide Environmental Impact Assessment recommendation report to the Minister 1 1 Need for adequate consideration of complex legal and environmental issues
130(1B) Timing of decision on approval 73 42 Administrative delays and further consultation required
156B(1) Decision whether to accept a varied proposal 25 9 Further detailed information sought from proponent and administrative delays
156E(1) Timing of the written notice of the decision of the decision on a varied proposal 25 1 Administrative error
156E(2) Timing of written notice to accept a varied proposal 17 3 Administrative error
156E(3) Direction to publish the request to accept a varied proposal 25 7 Administrative delays
156F(5) Publication of notice relating to change of person proposing to take action 14 8 Administrative delays and need to obtain legal advice/review
170A(c) Publication of information relating to assessments: controlled action decisions 371 34 Administrative delays
170A(d) Publication of information relating to assessments: decisions on assessment approach 129 24 Administrative delays
170A(e) Publication of information relating to assessments: preliminary documentation 104 62 Administrative delays
170A(f) Publication of information relating to assessments: guidelines 26 7 Administrative delays
170A(h) Publication of information relating to assessments: reports or statements 17 12 Administrative delays
170A(i) Publication of information relating to assessments: final recommendation report 6 4 Administrative delays
170A(ia) Publication of information relating to assessments: recommendation reports 56 51 Administrative delays
170A(j) Publication of information relating to assessments: other matters 75 9 Administrative delays
Table A15: Other provisions
Section Total Late Reasons for delay
65(2)-Review of Bilateral Agreements 1 1 Administrative delays
194Q(3) Decision whether to include item 58 55 Delay in obtaining sufficient information to make decision and more information required to make decision
266B(6) Approved conservation advice for listed threatened species and listed threatened ecological communities 13 12 Administrative delays
294(2) Time limit for review of plans 4 4 Administrative delays
303CI Time limit for making permit decisions-CITES 1546 1 Administrative delays
303EG(1) Timing of decision about proposed amendment of list 6 2 Pressure of ministerial business
341JH(2) Extend the assessment completion time 7 2 Administrative delays
341JI(2) Timing of decision about inclusion of a place in the Commonwealth Heritage List 69 49 Administrative delays
341M(5) Consider advice of the Australian Heritage Council and public comments 1 1 Administrative delays
R10.01 BH 8 8 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 B16: Membership of the Threatened Species Scientific Committee at 30 June 2012
Membership
Professor Helene Marsh (Chair)
Professor Peter Harrison
Dr Andrea Taylor
Dr Bill Humphreys
Dr Michelle Heupel
Dr John Woinarski
Dr Rosemary Purdie
Dr Guy Fitzhardinge
Dr Keith Walker
Dr Gordon Guymer

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 B17: Membership of the Indigenous Advisory Committee at 30 June 2012
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

Australian Heritage Council

The Australian Heritage Council, which is established under the Australian Heritage Council Act 2003, is the Australian Government’s principal advisory body on heritage matters. The Council is responsible under the EPBC Act for assessing the heritage values of places nominated for possible inclusion in the National and Commonwealth Heritage lists, and for advising the minister on heritage issues.

Table B18: Membership of the Australian Heritage Council at 30 June 2012
Membership
Professor Dr Carmen Lawrence (Chair)
Mr Howard Tanner
Associate Professor Peter Valentine
Mr Rodney Dillon
Dr Jacqueline Huggins AM
Dr Libby Mattiske
Ms Helen Lardner

The council met six times during 2011-12.

Appendix C: 2011-12 publications

Guidelines and policy statements

Compliance and Enforcement Policy: Environment Protection and Biodiversity Conservation Act 1999

‘Environment Protection and Biodiversity Conservation Act 1999: Environment Assessment Manual-Implementing Chapter 4, EPBC Act’.

Draft referral guidelines for the endangered Macquarie perch, Macquaria australasica

Draft referral guidelines for four threatened Tasmanian burrowing crayfish

Referral guidelines for the vulnerable black-eyed susan, Tetratheca juncea

Referral guidelines for the vulnerable striped legless lizard, Delma impar

Draft Referral guidelines for the waum sedllge frog, Litoria olongburensis

Draft referral guidelines for three species of Western Australian black cockatoos

Guidance Note 1-Listings made after a section 75 ‘Controlled Action’ decision: Section 158A of the EPBC Act-February 2012

Guidance Note 2-Expiry Dates for Approvals-February 2012

Guidance Note 3-Definition of ‘action’: Section 523, section 524, and section 524A of the EPBC Act-February 2012

Guidance Note 4-Reconsideration: Implementing the requirements of sections 78, 78A, 78B and 78C of the EPBC Act-April 2012

Guidance Note 5-‘Indirect consequences’ of an action: Section 527E of the EPBC Act-April 2012

Guidance Note 6-Change of person proposing to take an action; Change of proponent; Transfer of approvals: subsection 78(5) and sections 145B and 156F of the EPBC Act-April 2012

Guidance Note 7-Definition of ‘Environment’ under section 528 of the EPBC Act-April 2012

Guidance Note 8-EPBC Act Delegations-April 2012

Guidance Note 11-Prior Authorisation and Continuing Use Exemptions: Sections 43A and 43B of the EPBC Act-May 2012

Guidance Note 12-Staged Developments-Split referrals: Section 74A of the EPBC Act-May 2012

Interim Koala Referral Advice for Proponents

Pamphlets, factsheets, and other publications

Nationally protected broad leaf tea-tree (Melaleuca viridiflora) woodlands in high rainfall coastal north Queensland-does it affect you and your land?-fact sheet

Lowland rainforest & landholders-fact sheet

Arnhem Plateau Sandstone Heath ecological community-fact sheet

Compliance monitoring and auditing-fact sheet

Celebrating Canberra: A nation’s cultural and democratic landscape

Living Heritage (online magazine)-Issues 3-6

Compliance audits completed during 2011-summary of findings

Compliance audits completed during 2012-summary of findings

Australian Heritage Strategy-Public Consultation paper

Australian Heritage Strategy-10 Essays

Appendix D: Key threatening processes and threat abatement plans

Table D18: 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 km (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. A revised draft plan is under development.

** A threat abatement plan to reduce the impacts on northern Australia’s biodiversity by the five listed grasses is under development

+ The department provides an annual report to the Threatened Species Scientific Committee on the implementation of the Australian Weeds Strategy and additional measures that abate this key threatening process

# 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’.