Report on the operation of the Environment Protection and Biodiversity Conservation Act 1999
Covering the period 16 July 2000 to 30 June 2001
Environment Australia, 2001
ISBN 0 6425 4770 X
1. Protecting the environment
- 1.1 Focusing on matters of national environmental significance
- 1.2 Protecting the environment where proposals involve the Commonwealth
- 1.3 Increasing intergovernmental cooperation and reducing duplication
- 1.4 Providing a more efficient, timely and effective assessment and approval process with greater certainty
- 1.5 Increasing transparency and public awareness
1.1 Focusing on matters of national environmental significance
- World Heritage
- Wetlands of international importance
- Listed threatened species and communities
- Listed migratory species
- Protection of the environment from nuclear actions
- Marine environment
During its first year of operation, the Act has enabled the Commonwealth for the first time to provide comprehensive protection for matters of national environmental significance. A total of 294 actions1 were referred to the Commonwealth between 16 July 2000 and 30 June 2001 for decision on whether the action would have, or was likely to have, a significant impact on a matter protected under the Act. The Minister decided that 712 of these actions were controlled actions, because of their potential impact on a matter of national environmental significance and therefore required environmental assessment and approval under the Act.
Sixty-nine per cent of controlled actions triggered more than one matter of national environmental significance, while thirty per cent triggered more than two (see Figure1). Under the previous legislation, most of these proposals would have proceeded without Commonwealth environmental assessment or approval.
Figure 1: Number of matters of national environmental significance triggered per controlled action
As of 30 June 2001, the Department estimates that approximately two-thirds of all referrals for approval that the Minister has decided are controlled actions under the Act would not have been assessed by the Commonwealth under previous legislation. This shows that the Act has significantly increased the ability of the Commonwealth to protect matters of national environmental significance. Significant actions that have been determined to be controlled actions include the Naturelink Gold Coast Cableway in Queensland (Naturelink Limited), irrigated cotton development expansion at Pillicawarrina, Macquarie Marshes, in New South Wales (Waterman Agriculture Pty Ltd) and the Mauds Landing Marina in Western Australia (Coral Coast Marine Developments Pty Ltd). It is unlikely that any of these proposals would have been referred to the Department under previous legislation.
The operation of the Act has also resulted in the Commonwealth no longer being involved in the environmental assessment of projects of only local or State/Territory environmental importance. Commonwealth assessments are no longer triggered simply because of a related Commonwealth approval or funding decision, as was the case with the former environment assessment legislation. This allows the Commonwealth to more appropriately focus its resources on matters of national environmental significance.
The matters of national environmental significance identified in the Act as possible controlling provisions are: the world heritage values of declared World Heritage properties, the ecological character of declared Ramsar 3 wetlands; listed threatened species and ecological communities; listed migratory species; the Commonwealth marine environment; and nuclear actions that have, will have or are likely to have a significant impact on the environment. As shown in Figure 2, 'listed threatened species and communities' is the matter of national environmental significance triggered most often in controlled actions (54 times) followed by 'listed migratory species' (45 times).
The following summarises the significant issues that have arisen with referral of actions in relation to each of the matters of national environmental significance.
World Heritage
Following initial screening, 55 actions were further scrutinised by the Department to determine whether they were likely to have a significant impact on the world heritage values of a World Heritage property. Almost half these referrals came from the tourism, recreation and conservation management and the mining activity categories. The largest proportion of referrals received related to the Great Barrier Reef World Heritage Area (55 per cent). Two referrals were considered jointly in relation to the Great Barrier Reef and the adjacent Wet Tropics of Queensland World Heritage Area.
Figure 2: Matters of national environmental significance triggered per controlled actions
It was decided that 15 actions were controlled actions. Of these, ten related to the Great Barrier Reef World Heritage Area, while two affected the Wet Tropics of Queensland World Heritage Area. The Central Eastern Rainforest Reserves, Uluru-Kata Tjuta National Park, and Willandra Lakes all triggered one controlled action each. Further details are provided in Appendix 1. One controlled action, Dalrymple Bay Coal Terminal Expansion (Ports Corporation of Queensland) in Queensland, has been approved.
Wetlands of international importance
Following initial screening, 66 actions were further scrutinised by the Department to determine whether they were likely to have a significant impact on the ecological character of a Ramsar wetland. It was decided that 15 actions were controlled actions. Two of these controlled actions have been approved. Key issues considered were:
- physical and/or noise disturbance to native species dependent on the wetland;
- physico-chemical impacts, mainly relating to nutrients, sediments, salinity, turbidity and toxins; and
- hydrological impacts, mainly relating to volumes, timing and duration of flows.
Listed threatened species and communities
Following initial screening, 287 actions were further scrutinised by the Department to determine whether they were likely to have a significant impact on a listed threatened species and/or community. It was decided that 54 actions were controlled actions. Four controlled actions have been approved.
The most commonly affected terrestrial species were the false water rat, orange bellied parrot, mountain pigmy possum and the western whipbird. Cumberland Plains Woodland was the ecological community most commonly affected. The types of proposals that most often triggered the Act were housing developments in the Sydney region, infrastructure in rural areas, tourism developments on the coast and in the alps, aquaculture projects and mining. Usually the impacts were associated with clearing, fragmenting or otherwise disturbing habitat.
Listed migratory species
Following initial screening, 284 actions were further scrutinised by the Department to determine whether they were likely to have a significant impact on listed migratory species. It was decided that 45 actions were controlled actions. Five of these controlled actions have been approved. Key issues considered were:
- impacts of noise/physical disturbance, e.g. from urban, industrial and aquaculture developments;
- impacts of coastal developments, e.g. effects of lighting on turtles, interference with nesting habitats, discharge from acid sulfate soils;
- impacts on lifecycle, e.g. bioaccumulation of contaminants such as nutrients and chemicals from coastal developments;
- modification of habitat such as seagrass meadows, e.g. through changes to water quality and habitat loss through reclamation;
- impacts of airports and wind farms on important habitat and flight paths of listed migratory waterbirds; and
- impacts of oil and gas exploration and mining on migratory cetaceans (whales and dolphins).
Protection of the environment from nuclear actions
Following initial screening, three actions were further scrutinised by the Department to determine whether they were nuclear actions that were likely to have a significant impact on the environment. It was decided that two were controlled actions: Steritech Gamma Sterilisation and Decontamination Plant (Steritech Pty Ltd) in Queensland, and the National Low Level Radioactive Waste Repository (Commonwealth Department of Industry, Science and Resources), South Australia. Both are currently being assessed, the first through preliminary documentation and the second through an environmental impact statement.
Marine environment
Following initial screening, 60 actions were further scrutinised by the Department to determine whether they were likely to affect the marine environment. It was decided that 13 were controlled actions. Over half these actions relate to oil and gas mining and exploration. Three actions have been approved. These were a 2-D seismic survey at Scott Reef (BHP Petroleum Pty Ltd), the Vincent Appraisal Well (Woodside Energy Ltd), and the Echo-Yodel Production Wells (Woodside Energy Ltd).
Key issues considered were:
- impact of petroleum developments on marine biodiversity, e.g. through the laying of pipelines and installation of infrastructure;
- modification of Commonwealth marine habitat, e.g. alteration to habitat through petroleum exploration and development, dumping of dredge material;
- impacts of oil and gas developments on migratory cetaceans (whales and dolphins);
- impact on cetaceans from oil and gas seismic surveying and drilling; and
- potential impacts of oil and gas developments on water quality.
Further statistics concerning matters of national environmental significance are in Appendix 1.
Footnotes
1. The meaning of action under Section 523 of the Act includes a project, a development, an undertaking, an activity or series of activities or an alteration to any of these. Decisions and governmental authorisations are not considered to be actions requiring referral (refer to Section 524 of the Act).
2. Two additional actions required approval solely under Division 2 of Part 3 of the Act (see 1.2 of this report). Consequently, 73 actions in total required approval under the Act.
3. A Ramsar wetland is a wetland, or part of a wetland, designated by the Commonwealth under Article 2 of the Convention on Wetlands (Ramsar, Iran 1971) for inclusion in the List of Wetlands of International Importance.