department of the environment and water resources annual report 2006 - 2007, part 2

www.environment.gov.au 3938

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Departm

ent of the Environment and W

ater Resources LEgisLatiO

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aL REpORts 2006–07

LEgisLatiOn annUaL REpORts 2006–07

06–07

© Commonwealth of Australia 2007

ISSN 1441-9335

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth, available from the Australian Government Department of the Environment and Water Resources.

This set of annual reports comprises two volumes:

1. The annual report of the Department of the Environment and Water Resources prepared in accordance with the Public Service Act 1999

2. Annual legislation reports about Acts the department administers (this volume).

Enquiries

Please address any requests and enquiries (including feedback on this annual report and enquiries about reproduction or rights) to:

Assistant SecretaryPortfolio Policy and Advice BranchDepartment of the Environment and Water ResourcesGPO Box 787Canberra ACT 2601

Electronic copies

Electronic copies of this annual report are available at www.environment.gov.au/about/publications/annual-report/index.html

Photo credits

Cover images (back to front):

Close up of Wee Jasper grevillea – JD Briggs

Mulga scrub killed by cattle, Mount Ebenezer, NT – Allan Fox

The Twelve Apostles – John Baker

Wilsons Promontory – John Baker

Bilby, endangered species

Tree fern, south west Tasmania – Mark Mohell

Hume Dam – TJ Ierino

Sydney Opera House and Harbour Bridge – Australian Scenics

Seven Mile Beach – Merran Williams

Emperor penguins – Australian Antarctic Division

Chapter page images:

Images used throughout are copyright Department of the Environment and Water Resources and associated photographers unless otherwise noted. See pages; iv, 81, 92, 101, 108, 109, 123 and 135.

Page 1: Carnaby’s black cockatoo – Leonie McMahon

Page 80: Traffic on Westgate Freeway in Melbourne, Victoria – John Baker

Page 93: Illegally dumped pesticide drums – ACT Environment Protection Section

Page 100: Storm over the ocean – John Baker

Page 122: Hobson’s Bay Pier steam hoisting engine – Museum Victoria

Page 134: Outlet valve at Lake Hume – Trevor Ierino

Page 140: Moon rise over the ocean – Trevor Preston

Page 141: Great Barrier Reef – Great Barrier Reef Marine Park Authority

Department of the Environment and Water Resources

Volume 2

LegisLation annuaL reports 2006–07

How to contact the department

Main office: John Gorton Building,King Edward Terrace, Parkes ACT 2600

Post: GPO Box 787, Canberra ACT 2601

Phone: 02 6274 1111Fax: 02 6274 1666

Internet: www.environment.gov.au

About legislation annual reportsSome Acts that the Department of the Environment and Water Resources administers require the department or minister to provide annual reports on their operation to the parliament.

This volume of the annual report provides details on the operation of the seven Acts the department administers that do not report separately. The reports in this volume focus on how the statutory requirements of the Acts were met during the reporting year, and how the Acts were administered.

These Acts are:

• Environment Protection and Biodiversity Conservation Act 1999 • Fuel Quality Standards Act 2000 • Hazardous Waste (Regulation of Exports and Imports) Act 1989 • Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 • Product Stewardship (Oil) Act 2000 • Protection of Movable Cultural Heritage Act 1986 • Water Efficiency Labelling and Standards Act 2005

The department provides separate annual reports to the parliament for the following legislation:

• Natural Heritage Trust of Australia Act 1997 • Environment Protection (Alligator Rivers Region) Act 1978 (the Supervising

Scientist’s annual report) • National Environment Protection Council Act 1994 • Wet Tropics of Queensland World Heritage Area Conservation Act 1994

A summary of work related to the seven Acts in this volume, and details of how this work contributed to the outcomes and outputs in the Portfolio Budget Statements 2006–07 and Portfolio Additional Estimates Statements 2006–07 are contained in Volume 1 of this set of annual reports.

Contents

Environment protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Fuel quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81

Hazardous waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93

Ozone protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

Oil recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

Movable heritage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

Water efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

environment protection

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Department of the Environment and Water Resources Annual Report 2006–07 2

Environment protection

ContentsIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

1. Protecting environment and heritage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

1.1 Matters of national environmental significance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

1.2 Proposals involving Commonwealth land and/or actions . . . . . . . . . . . . . . . . . . . .10 Actions by the Australian Government and actions on Commonwealth land . . . .10 Advice on authorising actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

1.3 Intergovernmental cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Bilateral agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Heritage management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Species Information Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Marine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 National Partnership Approach for the Sustainable Harvest of Marine Turtles and Dugongs in Australia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

1.4 Assessment and approval process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Assessment of controlled actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Post referral and approval verification, monitoring and auditing . . . . . . . . . . . . . . . . . . .17 Fisheries assessment and approval processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Wildlife trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

1.5 Transparency and public awareness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Increasing stakeholder and public awareness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Strategic assessments and regional planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Strategic state and local planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Advisory committees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

2. Conserving biodiversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

2.1 Identifying and monitoring biodiversity and making bioregional plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Inventories of listed threatened species etc. on Commonwealth land (section 172) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas (section 173) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Bioregional plans (section 176) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

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2.2 Protecting species and ecological communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Listed threatened species and ecological communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Marine species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Whales and other cetaceans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Recovery plans and threat abatement plans (section 284 report) . . . . . . . . . . . . . . . . . . .33 Wildlife conservation plans (section 298 report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Exemptions under section 303A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

2.3 International movement of wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Sustainable wildlife industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Wildlife trade permits and programmes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

2.4 Conservation agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

3. Managing heritage and protecting significant areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Listing and managing heritage places in Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 World heritage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 National heritage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Commonwealth heritage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Wetlands of international importance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Biosphere reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Commonwealth marine reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

4. Monitoring and compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 Australasian Environmental Law Enforcement and Regulation Network . . . . . . . .48 Audit programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

5. Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 State of the Environment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 Section 516A report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56

Appendix 1—Statistics on the operation of the EPBC Act in 2006–07.. . . . . . . . . . . . . . . . . .57

Appendix 2—EPBC Act related publications in 2006–07 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73

Appendix 3—Functions and membership of advisory committees . . . . . . . . . . . . . . . . . . . . . . .74

Appendix 4—Compliance with timeframes (section 518 report) . . . . . . . . . . . . . . . . . . . . . . . . . .78



Operation of the Environment Protection and Biodiversity Conservation Act 1999

Introduction

This annual report is prepared in accordance with section 516 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It covers the operation of the Act from 1 July 2006 to 30 June 2007.

The report examines the operation of the EPBC Act against its key priorities. These are:

• ensuringaclearrolefortheAustralianGovernmentinprotectingmattersofnational environmental significance (addressed in part 1.1 of the report)

• providingeffectiveprotectionoftheenvironmentinproposalsinvolvingtheAustralian Government (part 1.2)

• increasingintergovernmentalcooperationandreducingduplication(part1.3)• providinganefficient,timelyandeffectiveassessmentandapprovalprocess

with certainty for stakeholders (part 1.4) • increasingtransparencyandpublicawareness(part1.5)• takinganintegratedapproachtoconservingbiodiversity(part2)• managingheritageandprotectingsignificantareas(part3)• implementinganexcellentmonitoringandcomplianceregime(part4).

Overview

The Australian Government, through the operation of the EPBC Act, protects matters of national environmental significance–namely the ecological character of internationally important wetlands, nationally listed threatened species and ecological communities, listed migratory species, the Commonwealth marine environment, the values of properties in the World Heritage List, the values of places in the National Heritage List and protection of the environment from the impact of nuclear actions. The EPBC Act also provides protection for the environment in relation to proposals involving Commonwealth land and regulates activities of Australian Government agencies that might significantly impact on the environment.

In 2006–07 the Australian Government put in place significant changes to improve the operation the EPBC Act.

The EPBC Act has been in operation for nearly seven years and during this time the Act has gained wide acceptance by the Australian community, and has achieved real results in protecting the environment. Nevertheless any piece of legislation can be improved

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and on 7 December 2006 amendments to the Act were passed by parliament. The bulk of the amendments commenced on 19 February 2007. The amendments:

• strengthenenvironmentandheritageprotectionwhilestreamliningsomeofthe provisions of the Act

• providegreatercapacityandflexibilityformorestrategicapproachestobeemployed for the protection of Australia’s environment and heritage

• eliminateunproductive‘redtape’• enablequickerandmorestrategicactiontobetakenonemerging

environmental issues • makeenvironmentaldecision-makingmoreefficientandcost-effective• providegreatercertaintyforindustry,butinawaythatensuresecologically

sustainable development becomes an ongoing reality for Australia.

Further details are outlined throughout this report.

In the 2007–08 Budget the Australian Government Department of the Environment and Water Resources received $70.6 million over four years in new funding to strengthen protection for the environment. From this funding the Approvals and Wildlife Division, which has principal responsibility for administering the EPBC Act, will receive $16 million in 2007–08 (a 60 per cent increase over funds available in 2006–07).

The funding will be used to improve administration of the Act, including by addressing the findings of the Australian National Audit Office report on the administration of the EPBC Act (The Conservation and Protection of National Threatened Species and Ecological Communities, Audit Report No. 31, 2006–07). (For more information on the audit, see the section on external scrutiny in the first volume of this set of annual reports.)

Specifically, the increased funding will deliver substantial benefits in EPBC Act administration by:

• improvingtimelinessandqualityofassessmentsandapprovals• increasingcomplianceandinvestigationactivity• improvingstrategicplanningandassessmenttoolssuchasbilateralagreements

with states and territories, strategic assessments, accredited plans and policy advice

• improvingquality,accuracyandcurrencyofthreatenedspeciesandhabitatdata, and the statutory records required for impact assessment

• improvingenvironmentaldataandinformationforproponentsandassessors,particularly targeting key growth regions.

In relation to the recommendations made in the Australian National Audit Office report, the following matters will also be addressed:

• improvingtheaccuracyandcompletenessofthethreatenedspecieslist• reviewingthestateandterritorylistsofthreatenedecologicalcommunities



• increasingflexibilityforthetypeofrecoverydocumentsorplansthatarerequired for listed species and ecological communities. For example, the Australian Government Minister for the Environment and Water Resources can now choose to simply require conservation advice to be prepared, or if a recovery plan is required, it can now be prepared as a single species/community,multi-species/multi-communityorregionalrecoveryplan

• strengtheningthedepartment’sauditing,complianceandenforcementcapacity.

As at 30 June 2007 a restructure of the Approvals and Wildlife Division was being undertaken to implement these improvements.

The 2007 amendments to the EPBC Act established the List of Overseas Places of Historic Significance to Australia. This list provides for symbolic recognition of overseas places which are of outstanding historic significance to Australia. The minister subsequently entered Anzac Cove, Turkey; the Kokoda Track, Papua New Guinea; and Howard Florey’s laboratory, United Kingdom, in the list.

It is now possible for police and other law enforcement agencies authorised under the EPBC Act to pursue criminal offences for conduct that are prosecuted by the Commonwealth Director of Public Prosecutions or state prosecutors. Previously, that conduct could only be dealt with via a civil penalty application in the Federal Court. This new power should provide greater access and deterrence to illegal activities and has the potential to significantly improve the protection of biodiversity and heritage in Commonwealth reserves.

The amendments also reduce duplication in the assessment of applications to export or import wildlife and wildlife products. International trade provisions for cetaceans were consolidated under Part 13A. To coincide with these amendments, a legislative instrument was gazetted on 14 February 2007 having the effect of uplisting all cetacean (whale and dolphin) species to CITES Appendix I (Convention on International Trade in Endangered Species of Wild Fauna and Flora) as a stricter domestic measure.

For imports of CITES Appendix II species for commercial purposes, the requirement for a commercial import programme to be approved before import can take place has been removed other than for species specified by the minister.

A legislative instrument was gazetted on 26 February 2007 establishing a list of CITES Appendix II specimens which require a commercial import programme. The specimens are:

• ramin(Gonystylus spp.), a hardwood timber • belugasturgeon(Huso huso) originating from the Caspian Sea• SouthAfricanghaap(Hoodia gordonii), a succulent plant • allspecimensoriginatingfromcountriesnotpartiestoCITES.

In 2006–07 there were a number of matters brought to the Administrative Appeals Tribunal and the Federal Court relating to the EPBC Act (see part 4 of this report).

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The Administrative Appeals Tribunal upheld the minister’s decision in relation to kangaroo commercial harvesting on King and Flinders islands. At 30 June 2007, dates are yet to be set for the appeals against the New South Wales kangaroo management plan and the Southern and Eastern Scalefish and Shark Fishery wildlife trade operations. A decision was also still pending on the minister’s decision to declare the harvesting of specimens taken in the New South Wales Ocean Trap and Line Fishery as an approved wildlife trade operation.

To ensure that proponents are required to submit only one set of assessment documentation, the Australian Government has put in place environmental impact assessment bilateral agreements with several states and territories including Western Australia, Tasmania and Queensland. In January 2007 an environmental impact assessment bilateral agreement under the EPBC Act was entered into with the New South Wales Government. The agreement will allow the minister to rely on environmental impact assessment processes specified by New South Wales in assessing actions under the EPBC Act.

In 2006–07 the bilateral agreement between the Australian Government and the Northern Territory relating to environmental impact assessment was reviewed after five years of operation. As a result of the review report minor amendments were made to the bilateral agreement and the agreement continues to operate.

In 2006–07 the department initiated two significant projects to help meet wetland management commitments under the Ramsar Convention and responsibilities under the EPBC Act:

• asnapshotreviewofthecurrentstatusandmanagementofRamsar-listedwetlands, which will help identify management priorities

• developmentofnationalguidelinesforRamsarwetlands,providingamorecoherent framework for Ramsar implementation in Australia including guidance on the Ramsar listing process and development of management plans.

An assessment of Commonwealth heritage values is being undertaken in accordance with the requirements of the EPBC Act for the Australian Antarctic Territory, the Territory of Heard Island and McDonald Islands and places owned or controlled by the Commonwealth on Macquarie Island. A management plan is also in preparation for the national heritage listed Mawson’s Huts Historic Site at Cape Denison, as required by the EPBC Act. The draft plan will be available for public comment in July 2007.

TheAustralianGovernment’sworld-leadingprogrammeofmarinebioregionalplanning gained pace in 2006–07 with planning under section 176 of the EPBCActbeginninginfourofAustralia’sfivemarineregions—theSouth-west,North,North-westandEast.ThefirstplanningprocesstobeprogressedistheSouth-west,takinginCommonwealthwatersfromKangaroo Island off South Australia to Kalbarri off the mid Western Australian coast. A regional profile is well



advanced for this marine region and a memorandum of understanding was signed between the Australian and Western Australian governments for cooperation in marine planning.

Since the EPBC Act came into force in 2000, 122 fisheries have been assessed against the Guidelines for the Ecologically Sustainable Management of Fisheries. The minister has declared all of these fisheries as either exempt from the export provisions of the EPBC Act for five years, or as approved wildlife trade operations for periods of up to three years. The outcomes of each fishery assessment are published in detailed reports on the department’s website.

In 2006–07 assessments were completed for 15 fisheries. Two fisheries were assessed for the first time under the EPBC Act and both were declared as wildlife trade operations for three years. Thirteen fisheries were assessed for the second time, six of which were declared exempt and seven as wildlife trade operations. Elevenshort-termwildlifetradeoperationswerereviewedandextended.

The department funded a joint research project to study the impact of marine debris on marine turtle survival and behaviour around northern Australia. The research was a partnership between Dhimurru Land Management Aboriginal Corporation, Parks and Wildlife Service Northern Territory, and the North Australian Indigenous Land and Sea Management Alliance. Marine debris that causes death or damage to marine species by entanglement and ingestion is listed as a key threatening process under the EPBC Act. The project will increase knowledge of the impact of marine debris on protected marine turtle species and test measures for implementing the marine debris threat abatement plan.

This year 28 places were added to the National Heritage List bringing the number of places in the list to 59 at 30 June 2007. Places added to the list include the SydneyHarbourBridge,theworld’slargestandwidestsingle-spansteelarchbridge. One place was added to the Commonwealth Heritage List, bringing its total to 340 places at 30 June 2007.

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1. Protecting environment and heritage

1.1 Matters of national environmental significance

Matters of national environmental significance are identified under the EPBC Act as controlling provisions for actions that are likely to have significant environmental impacts upon them and therefore require assessment and approval. Provisions of the EPBC Act also require certain actions to be undertaken in a particular manner to avoid adverse impacts on matters of national environmental significance. In 2006–07, 276 matters of national environmental significance were protected through these processes. Where proposals involved Commonwealth land or agencies, the environment more generally was protected.

The most frequent controlling provision was listed threatened species and ecological communities, followed by listed migratory species. Listed threatened species and ecological communities were determined to be a controlling provision for 65 proposed actions, or 89 per cent of all actions determined to require approval. Listed migratory species were determined to be a controlling provision for 23 proposals. There were 17 controlled action decisions where the ecological character of a Ramsar wetland was the matter protected, and 12 proposed actions where world heritage values were determined to be a controlling provision. There were five decisions where the controlling provision was the Commonwealth marine environment; these were projects relating to tourism, recreation and conservation management, energy generation and supply, and mining.

More than one matter protected under Part 3 of the EPBC Act was determined to be a controlling provision for 35 of the 73 proposals determined to require approval. These actions typically involved potential impacts on species listed as both threatened and migratory, or listed species found in or near the Commonwealth marine environment, world heritage properties or Ramsar wetlands, for example, a proposal to develop the Gold Coast Hinterland Great Walk. The relevant matters in that case were listed threatened species and communities and the world heritage values of the Central Eastern Rainforest Reserves World Heritage Area.

A total of 44 actions were approved in 2006–07 with a range of conditions to ensure that matters of national environmental significance and the environment were protected. No proposals were approved without conditions and one proposal was rejected. At 30 June 2007, 110 actions affecting matters protected by the EPBC Act were under assessment; that is, a decision had been made on the assessment approach, but the assessment was still to be completed. These ongoing assessments include 39 assessments conducted under bilateral agreements and 25 assessments conducted under state or territory processes that have been accreditedonacase-by-casebasis.



The focus of the EPBC Act on protecting matters of national environmental significancecontinuestopositivelyinfluencethewayinwhichdevelopersdesign projects, using best practice methods and measures to minimise potential impacts on these protected matters thereby avoiding or minimising the need for assessment and approval under the EPBC Act.

1.2 Proposals involving Commonwealth land and/or actions

Actions by the Australian Government and actions on Commonwealth land

In 2006–07, three actions were determined to require approval under the EPBC Act because of likely significant impacts on the environment on Commonwealth land, and a single action by an Australian Government agency was determined to be a controlled action.

One of these actions, the installation of a 70 kilometre optical fibre cable between Jabiru and Rikurdji in the Northern Territory, was deemed a controlled action under the EPBC Act on 14 July 2006. The proposal was considered likely to have a significant impact on the environment, including impacts on Aboriginal cultural values related to archaeology and sacred sites, and impacts on the natural environment through clearing vegetation and the introduction of invasive species. The optical fibre cable installation was approved on 5 June 2007. The proponent is required to provide an environmental management plan for approval, which minimises impacts on environmentally sensitive areas, ensures the route avoids sacred sites and archaeological areas, and prevents the spread and introduction of weeds. The proponent will also provide an offset to Parks Australia North to assist in the management of weeds within Kakadu National Park.

Another example of an action considered likely to have a significant impact on Commonwealth land was the Nobbys Lighthouse redevelopment, Newcastle, New South Wales. That proposal involves the construction of a restaurant and other facilities around Nobbys Lighthouse, which is the earliest surviving lighthouse in New South Wales and is on the Commonwealth Heritage List for its historic values. The proposal is currently under EPBC Act assessment.

Advice on authorising actions

Section 160 of the EPBC Act requires Australian Government agencies, or employees of the Australian Government, to obtain and consider advice from the minister in relation to authorisation for specific actions, where those actions are likely to have a significant impact on the environment. Actions on which advice has been sought have involved proposals on Commonwealth airports, dredging sea bed materials and sea dumping.

In 2006–07 advice was sought under section 160 on 11 occasions. These projects included the proposal to build an office building complex at Canberra

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International Airport, Australian Capital Territory. Advice was provided to the Minister for Transport and Regional Services that there were no significant environmental concerns associated with this project.

1.3 Intergovernmental cooperation

Bilateral agreements

In January 2007 an environmental impact assessment bilateral agreement under the EPBC Act was entered into with the New South Wales Government. The agreement will allow the Australian Government Minister for the Environment and Water Resources to rely on specified environmental impact assessment processes of the State of New South Wales in assessing actions under the EPBC Act.

The assessment bilateral agreement with the Northern Territory was reviewed, prior to its expiry on 30 May 2007 after five years of operation. The review demonstrated that the agreement was meeting its objectives and recommended that the agreement continue to operate. As a result of the review report, minor amendments were made and the bilateral agreement continued.

Assessment bilateral agreements are also in place with Western Australia, Tasmania, and Queensland. The agreements ensure that proponents are required to prepare and submit only one set of assessment documentation, with the transparency of the process maintained through comprehensive public consultation requirements. Australian Government scrutiny is maintained through the minister still being required to grant approval and set conditions for the projects. This year 51 projects were assessed under a bilateral agreement.

Development of assessment bilateral agreements with the other states is progressing. In late June 2007 public comments were sought on an assessment bilateral agreement the Commonwealth proposes to enter into with the South Australian Government. In the absence of an assessment bilateral agreement, duplication of Australian Government and state or territory assessment processes continuestobesignificantlyreducedthroughtheuseofcase-by-caseaccreditationand coordinated assessments. Accredited assessments meet at least those standards that would be required under a bilateral agreement. This year 28 projectswereassessedunderstateorterritoryprocessesaccreditedonacase-by-case basis.

Heritage management

As a signatory to the World Heritage Convention, the Australian Government cooperates closely with state authorities to ensure that the protection and promotionofstate-managedworldheritagepropertiesisconsistentwith Australia’s undertakings under the convention. The Australian Government is



working with state authorities to review existing world heritage management plans for the Tasmanian Wilderness and the Wet Tropics of Queensland, and to develop a world heritage strategic plan for the Greater Blue Mountains. For the Tasmanian Wilderness,themid-termreviewofthe1999managementplanhasprogressedand the revised draft plan is being finalised for public comment in the latter half of 2007. The draft zoning regime has progressed as part of the review of the Wet Tropics management plan. For the Greater Blue Mountains, the new strategic plan has been approved by the Greater Blue Mountains World Heritage Authority Management Committee, and will soon be considered for approval for publication by the relevant Australian and New South Wales government ministers.

The department is also cooperating with state authorities and owners on management plans for the following places in the World Heritage List and/or National Heritage List: the Royal Exhibition Building and Carlton Gardens World Heritage Area (Victoria), Richmond Bridge (Tasmania), the Batavia Shipwreck Site and Survivor Camps Area 1629 – Houtman Abrolhos (Western Australia), RechercheBayNorth-eastPeninsula(Tasmania),andBrewarrinaAboriginalFishTraps (Baiames Ngunnhu), New South Wales.

Species Information Partnerships

Through Species Information Partnerships the department, with the Threatened Species Scientific Committee, continued to work for consistency between lists held by the Australian Government and those held by the states and territories, and to increase the exchange of information to support the listing and recovery of threatened species.

Species Information Partnerships allow for targeted expenditure of limited conservation resources and facilitate the best possible conservation outcomes for threatened species.

In 2006–07, information provided by the states and territories under the agreements supported listing decisions under the EPBC Act for nine South Australian species, 28 Northern Territory species and 37 Western Australian species. Species Information Partnership agreements were also signed with Tasmania and Victoria, and listing decisions under the EPBC Act are expected to be made as a result of these agreements.

Marine

To assist the bioregional planning process for the Commonwealth marine environment, a memorandum of understanding was signed in 2006–07 between the department and relevant Western Australian Government agencies to facilitate marinebioregionalplanningintheNorth-westandSouth-westmarineregions.

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In addition, a financial agreement was entered into with the Western Australian Marine Science Institution to conduct an inventory of marine and coastal research for north Western Australia. The project involves Western Australian Government agencies, research and tertiary education institutions, and the private sector.

The February 2007 amendments to the EPBC Act inserted Schedule 1 into the Actwhichenablesthedetentionofnon-citizenssuspectedofEPBCActoffences.Such issues commonly arise at the Ashmore Reef National Nature Reserve. Regulations for the detention arrangements are being drafted, and arrangements are being made with other Australian Government agencies to enable streamlined implementation. These new detention arrangements are expected to become operational in 2007–08.

To strengthen enforcement at the Ashmore Reef National Nature Reserve, $31.7 million funding over four years was secured by the Australian Customs Service to procure a vessel to provide a constant enforcement presence. The vessel willhaveCustomsofficersonboard,allofwhomareex-officiowardens.

National Partnership Approach for the Sustainable Harvest of Marine Turtles and Dugongs in Australia

Two meetings of the National Partnership Approach for the Sustainable Harvest of Marine Turtles and Dugongs in Australia were held in 2006–07. The meetings were well attended by Indigenous members from the Northern Territory, Torres Strait and Queensland and government members from the Western Australian Department of Environment and Conservation, Northern Territory Department of Natural Resources, Environment and the Arts, Queensland Environment Protection Agency, Great Barrier Reef Marine Park Authority, Torres Strait Regional Authority and Australian Government Departments of the Environment and Water Resources and Agriculture, Fisheries and Forestry. A number of themes were identified to provide the focus for future meetings. These themes included building strong partnerships between Indigenous communities, government agencies, researchers, conservation groups and other stakeholders; having a holistic approach to management as this leads to wider social, cultural and economic benefits for communities; recognising that the results of management actions will only be evident over long timeframes, both from an ecological and community perspective;addressingandminimising,whereverpossible,non-harvestimpactson turtle and dugong; and sharing case studies and information on existing and potential management actions.

The second meeting established a working group of Indigenous members to provide strategic direction for the partnership. The department will provide the secretariat for the working group.



1.4 Assessment and approval process

Referrals

In 2006–07, 347 actions were referred to the Australian Government for a decision on whether approval was required under the EPBC Act. Approximately 15 per cent of these referrals were the result of compliance action taken by the department. A total of 74 actions (73 after reconsideration by the minister or his delegate) were determined to be controlled actions and a further 74 (75 after reconsideration) were determined not to be controlled actions if taken in a particular manner. A total 188 of these referrals were deemed not to be controlled actions and required no further assessment.

Profile of actions referred under the EPBC Act

As in previous years the largest number of referrals came from Queensland, which continuestohavethehighestnumberofcontrolledactiondecisions.Thisreflectsthe continuing development along the Queensland coast, potentially impacting on the Great Barrier Reef and Wet Tropics world heritage properties and a number of Ramsar wetlands.

Referrals were most common in the residential development, mining, and water management and use sectors.

Meeting statutory timeframes (referrals)

The EPBC Act allows 20 business days from receipt of a referral for deciding whetheranactionrequiresapproval.Thisincludesa10-daypubliccommentperiod. This year there were 73 late decisions, or 22 per cent of the total. This compares with 64 late decisions last year (19 per cent of the total). Referral decisions were late an average 3.28 business days in 2006–07, compared to an average 3.4 business days in 2005–06.

Where the statutory timeframe was not met, this was due to delays in obtaining sufficient information to make a decision and the complexity of proposals received.

The20-daytimeframefordecision-makingonreferralswassuspended45timesin2006–07. This was due to the need to seek further information before a decision could be made.

Decision trends—‘particular manner’ decisions

The EPBC Act provides for the minister to decide that a referred proposal is not a controlled action provided it is undertaken in a particular or specified manner. This provision may be used when there is clear evidence that a particular mitigation or avoidance measure will be employed to avoid significant impacts. Under section 77A oftheEPBCAct,penaltiesapplytobreachesof‘particularmanner’decisions.

Thisyear75referralsweredecidedtobenot-controlledactionsprovidedtheywere carried out in a particular manner.

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Through ongoing education, the department encourages proponents to design projects and activities in a manner that avoids impacts on matters of national environmental significance. The particular manner provision allows the minister to support this design approach. The particular manner provision promotes and supports industries and individual developments that are shifting to better environmental practices.

Case study: Capture of juvenile Tasmanian devils for conservation purposes

In January 2007 the Tasmanian Department of Primary Industries and Water referred a proposal under the EPBC Act to capture Tasmanian devils to establishan‘insurance’population.

An infectious cancer, known as devil facial tumour disease, is the major threat to the survival of the Tasmanian devil. The disease was first reported in 1996 inthenorth-eastofthestateandisprogressivelyspreadingwestwardatapproximately 10 kilometres per year. It is likely that the entire range of the species will be exposed to infection within two or three years. The disease is invariably fatal once clinical signs are observed and has led to substantial population declines (of up to 90 per cent) in infected populations.

It is likely that the disease will result in local population extinctions. As a consequence, this once common and widespread species is now listed as a vulnerable species under the EPBC Act and state legislation.

The referred proposal involved the capture of up to 30 newly independent juvenileTasmaniandevilsfromacurrentlydiseasefreeareainnorth-westTasmania to establish a population for the conservation of the species. Following capture, animals were physically examined and suitable individuals transferred to a quarantine facility managed by the Department of Primary Industries and Water at Taroona, Hobart. They will be used to establish a disease free population at Maria Island or another suitable location.

To reduce the risk of capturing diseased animals, the capture programme maintained a buffer of at least 50 kilometres from the known western extremity of the disease front. Trapping was conducted across a large area (approximately 4,000 square kilometres) to maximise genetic diversity. As soon as a suitable juvenile devil was caught at a particular location, the trap was relocated to reduce the chance of capturing siblings. The entire trapline was moved every three to four days to minimise the impact on local populations.

These measures were all specified in the referral. Taking these into account, the minister considered that the capture of a relatively small number of juvenile Tasmanian devils over a large area with a population estimated to be in excess of 1,000 individuals would not have a significant impact on the species and therefore the proposal did not require EPBC Act approval provided it was undertaken in the manner specified.



Statements of reasons

Subsection 77(4) of the EPBC Act allows a person taking an action that the minister has decided is a controlled action to request reasons for the decision. During 2006–07 the department handled eight such requests.

Reconsideration of decisions

In 2006–07, seven referral decisions were reconsidered (by the minister or his delegate) and four decisions were revoked and a new decision made. The number of reconsiderations is small in comparison with the total number of referral decisions and, through consultation with key stakeholders and interest groups, the department ensures that reconsiderations maintain the transparency and public accountability inherent in the overall framework of the EPBC Act. Reconsideration can be justified where there is substantial new information on likely impacts on matters protected by the EPBC Act or on the potential impacts of the proposed action.

Assessment of controlled actions

The assessment of potential environmental impacts of proposed actions uses the best available science, with comments and analysis sought from relevant experts within the department, other Australian Government or state and territory government agencies and, when necessary, external scientific institutions and organisations.

The EPBC Act provides a range of assessment approaches to ensure that an environmentalassessmentreflectsthenatureoftheproposedactions,thequalityof the information already available, the level of public interest and the nature and scale of the likely impacts. Decisions on the level of assessment for controlled actions in 2006–07 are summarised in Table 6 at Appendix 1.

In 2006–07 the department completed 23 assessments following finalisation of relevant documentation by the proponent. A further 15 assessments were completed by states and territories. Decisions on the assessment approach and the status of the assessments are summarised in Table 6 at Appendix 1.

Meeting statutory timeframes (assessments)

Eleven out of 53 decisions on the appropriate assessment approach (21 per cent of the total) were made outside the statutory timeframe in 2006–07. The main factor contributing to late decisions was delays in obtaining sufficient information to make the decision.

The EPBC Act requires the minister to prepare written guidelines for the content of public environment reports and environmental impact statements within 20 business days from the date on which the assessment approach was decided. During 2006–07 the department prepared guidelines for four public environment reports. No guidelines for environmental impact statements were finalised.

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Once the minister has accepted final preliminary documentation, a finalised public environment report, or a finalised environmental impact statement, an assessment report or recommendation report must be prepared for the minister prior to the end of the period specified in section 130 of the EPBC Act. In 2006–07 there were 12 late assessment reports out of 19 for assessment by preliminary documentation, two out of two for assessment by public environment report and one out of two for assessment by environmental impact statement. Delays in these cases mostly resulted from the need to adequately consider and test complex technical issues, and to ensure relevant jurisdictions were satisfied with the guidelines when conducting joint assessments with the states.

Approvals

In 2006–07, 44 controlled actions were approved; a further six were awaiting decision at 30 June 2007. Conditions attached to approvals include managing the environmental impacts of construction, providing compensatory habitat to offset impacts on listed species, monitoring programmes to ensure water quality is maintained, independent audits, and measures for managing impacts on cetacean species.

Meeting statutory timeframes (approvals)

Sixteen out of 45 approval decisions (36 per cent of the total) were made outside the statutory timeframe in 2006–07. These delays were due to the need for ongoing consultation with proponents/states over the content of final approval conditions. In a number of cases, additional independent work was also commissioned to help inform decisions.

Post referral and approval verification, monitoring and auditing

The department closely monitors projects referred and approved under the Act to ensure compliance with approval conditions as well as compliance with other decisions involving environmental commitments made by proponents e.g.‘particularmannerdecisions’.Thedepartmenthasimplementedariskbased random compliance audit programme and is developing a strategic audit programme.

The department also responds to all incident reports received from internal and external sources that may involve potential or actual contraventions of the EPBC Act.



Case study: Refusal of mining expansion on Christmas Island

A proposal to extend phosphate mining on Christmas Island required approval under the EPBC Act due to the potential for significant impacts on the environment. Christmas Island is home to 16 threatened and migratory species listed under the Act. Over 60 per cent of the island is set aside as national park, containing what is thought to be the world’s largest and most diverse land crab community. The island is known around the world for its red crab migration.

In April 2007 the minister decided to refuse the action because of unacceptableimpactsonthefloraandfaunaofChristmasIsland,includingitsunique rainforest.

The minister took into account evidence that the future survival of a number of species on the island would be seriously threatened by expanded mining operations. Independent analysis suggested that an extension of mining works would most likely contribute to the extinction of a number of threatened species, including the critically endangered Christmas Island pipistrelle bat, and adversely impact on the remaining populations of the endangered Abbott’s booby and Christmas Island frigatebird. Land clearing required for any expanded mining operations would also result in the permanent loss of primary rainforest on the island.

The decision took into account the principles of ecologically sustainable development. Economic benefits provided by the expanded mining would onlybeshort-term(threetofiveyears);however,theenvironmentalimpacts would be irreversible and could impact on the viability of alternative sustainable industries. The extension was opposed by the Christmas Island Chamber of Commerce who argued the need for Christmas Island to move to a new economic base.

In refusing the proposed extension, the minister emphasised that the Australian Government remained committed to a strong economic future for Christmas Island and will continue its substantial support to the island and its people.

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Case study: Review of the seismic exploration and whales policy

During the year the minister released for public comment a revised Policy Statement on the Interaction between Offshore Seismic Exploration and Whales. Developed with the involvement of the oil and gas industry, conservation groups and Australia’s best whale research scientists, the comprehensivepolicyreflectsnewscientificknowledgeandoperationalexperience since the first edition was released in 2001.

Seismicsurveying(i.e.theuseofhigh-intensitysoundandrecorders)is widely used by the oil and gas exploration industry to map geological structuresbelowtheseafloorandtoidentifyareaswhereoilandgasdepositsmayoccur.However,human-madesoundinthemarineenvironment(including sound produced by seismic surveys) is a concern because of its effect on whales and dolphins, which use sound for hunting, navigation and communication.

The policy statement provides practical standards to minimise the risk of acoustic injury to whales from seismic operations, and advises the seismic industry on their legal responsibilities under the EPBC Act. It reinforces Australia’s position as a world leader in whale protection and research and represents global best practice in minimising the potential impacts of seismic survey activities on whales.

Changes to the policy from the 2001 edition include:

• cleareradviceonwhereandwhensignificantimpactsonwhalesmayoccur and the need to plan seismic operations to avoid important habitats and times when whales may be present

• alterationstoprovisionsforexplorationatnight-timeorothertimesofpoor visibility

• revised‘safety(power-down)distances’basedonprecautionarysoundlevels at which whales are likely to be seriously affected from acoustic power sources

• improvedadviceonadaptivemeasuresshouldwhalesbeencountered.

The policy will be immediately implemented by the Australian seismic exploration industry with a view to refining the policy based on operational experience and public comments (due 31 August 2007).



Fisheries assessment and approval processes

Under the EPBC Act, the department assesses the environmental performance of fisheries management arrangements to ensure that fisheries are managed in an ecologically sustainable way and to identify areas for improvement. All Commonwealth-managedfisheriesandallstateandterritoryfisherieswithanexport component are required to undergo assessment.

In 2006–07, 15 fisheries were comprehensively assessed, including two Commonwealth-managedfisheriesand13state-managedfisheriesinNewSouthWales, Queensland, South Australia, Tasmania, Victoria and Western Australia. Two were assessed for the first time and 13 for the second time. All received export approval.

Elevenshort-termwildlifetradeoperationswerereviewedandextended,allowingexport of product from the fisheries to continue while their management arrangements improved.

A total of 122 fisheries have been declared as either exempt from the export provisions of the EPBC Act for five years, or as approved wildlife trade operations for periods of up to three years.

As a result of the fisheries assessment process, recommendations were agreed between the department and fisheries management agencies that require the agencies to demonstrate improved environmental performance, and actively enhance the ecologically sustainable management of fisheries in the short to medium term. The outcomes are published in detailed reports on the department’s website at http://www.environment.gov.au/coasts/fisheries/index.html.

In 2007–08 it is expected that 39 fisheries will be assessed under the EPBC Act for the second time.

Wildlife trade

The department has continued to improve the wildlife trade permitting process in recent years. One area of improvement has been the introduction of a new product called multiple consignment permits. These allow the permit holder to make a number of export and import consignments for a limited period of time.

The department has also developed a more effective compliance framework, whilst also assisting legitimate industries to trade efficiently. The success of the streamlinedsystemisreflectedinthegraphbelow.Itshowsasignificantreductionin the number of permits needed by industry. At the same time a substantial increase in the number of trade transactions (exports and imports) has occurred. The reduction in permit assessments has allowed the department to develop an improved permit verification system for compliance with Part 13A of the EPBC Act.

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Wildlife trade permits and transactions

1.5 Transparency and public awareness

Increasing stakeholder and public awareness

The department places a high priority on increasing stakeholder and public awarenessoftheEPBCActandhasdevelopedaworld-classinternetsitewhichprovides information about the Act to meet the different needs of stakeholders.

In 2006–07 the department upgraded databases and websites supporting the EPBC Act, improving both public access to information and transparency of decision-making.TheEPBCActwebsitewasupgradedtomakeiteasiertouseandto streamline access to key information.

Following the amendment of the EPBC Act in February 2007 stakeholder information sessions on the impact of the amendments to the EPBC Act were held in every state and territory capital city. The 14 sessions were presented by departmental officers. Over 360 people attended representing approximately 100 non-governmentorganisationsandstateandterritorygovernmentagencies.

Wildlife trade

The department continued to raise awareness about international wildlife trade. Activities in 2006–07 included:

• cooperationwiththeAustralianAcupunctureandChineseMedicineAssociationon a certification scheme for members, where they undertake to become aware of, and to actively oppose, the illegal trade in wildlife that may be used as ingredients in complementary medicine

0

2,000

4,000

6,000

8,000

10,000

12,000

2002–03 2003–04 2004–05 2005–06

number of permits (including multiple consignment)

number of exports and imports



• sponsorship(chiefsupportercategory)ofThe Thin Green Line, a documentary movie about the work of park rangers around the world in protecting many of the species threatened by illegal international trade

• advertisementsinnationallydistributedmagazinesabouttheillegalimportofweight loss products derived from Hoodia gordonii (a succulent plant endemic to the African Kalahari Desert). Approximately 30 per cent of all seizure notices issuedin2006–07relatedtopersonal-usequantitiesofhoodia(listedonCITESAppendix II), most being imported in the form of bottled capsules or tablets.

• educationandawarenessforimportersoftimberproductsaboutramintimber(a protected tropical hardwood tree listed on CITES Appendix II) under the ramin compliance plan

• loansofseizedspecimenstoinstitutions,suchaszoosandaquaria,universitiesand museums, for education or research purposes. It is a condition of display that these items are referenced as having been seized as illegal imports.

Listed threatened species and ecological communities

The department continued to publish new nominations of threatened species, threatened ecological communities and key threatening processes on its website, andtoprovideaformaltwo-monthpubliccommentperiod.Thewebsitealsoprovides information on amendments to the lists of threatened species, threatened ecological communities and key threatening processes. The Threatened Species Scientific Committee’s advice to the minister is also published.

The department hosts an online natural resource management tool for people to search for conservation advice on threatened species and ecological communities by specific natural resource management regions. This information helps regional planning bodies, community groups, landholders and other stakeholders to plan activities that can be undertaken to assist the conservation and recovery of newly listed threatened species and ecological communities. Information sheets on listed ecological communities also include this advice.

The department continued its Communities for Communities newsletter to keep the public informed about threatened ecological communities nominated for listing, listings made under the EPBC Act, and information and resources available on the department’s website. Community groups are encouraged to use Communities for Communities as an information source when compiling their own newsletters.

Migratory and marine biodiversity

Recovery plans for listed marine species were developed and implemented in conjunction with relevant representatives from Australian, state and territory governments,industry,non-governmentorganisations,andtheIndigenousandresearch communities, who advise the department on these plans. In 2006–07 advice was provided on listed shark and marine turtle species.

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Marine bioregional planning

The department produced information products on developments in marine bioregional planning under section 176 of the EPBC Act. The products covered marinebioregionalplanningintheSouth-west,North-west,EastandNorthmarineregions; information on ecological features; and details of the marine bioregional planning process.

Discussionswithkeyinterestgroupscommencedinlate2006ontheSouth-westMarine Region to set out the marine bioregional planning process and opportunities for input from stakeholders during development of the plan. In addition, scientists withexpertiseintheSouth-westMarineRegionareprovidinginputtodevelopabetter understanding of the region’s marine ecosystems and environment.

Heritage

Public consultations were held on the proposed listing of the Dampier Archipelago in the National Heritage List, including an additional public comment period announced by the minister on 29 September 2006, under section 324H of the EPBC Act. The department sought public submissions on the boundary proposed by the Australian Heritage Council and management ramifications arising from that boundary. Over 50 submissions were received. The Dampier Archipelago, including Burrup Peninsula, was included in the National Heritage List on 3 July 2007.

Presentations and workshops

In 2006–07 the department continued to hold information sessions around Australia on request from local and state government agencies and community groups interested in understanding more about the EPBC Act. The department also supported activities to enhance understanding of the EPBC Act for the community, farmers and rural stakeholders.

Strategic assessments and regional planning

The development of strategic regional plans on a trial basis in selected regions of Australia continued in 2006–07. Pilot regions were initially chosen because of the high level of EPBC Act referral and compliance activity, current growth rates and development pressures, and the presence of matters of national environmental significance. Strategic regional plans will increase certainty for both proponents and the department’s staff about the application of the EPBC Act, and increase understanding of the regional and cumulative impacts on matters of national environmental significance in given regions. Planning in three regions progressed in 2006–07. They are:

• SouthernSwanCoastalPlain,WesternAustralia• CardwellandJohnstoneShires,Queensland• MagneticIsland,Queensland.



A comprehensive and consultative planning process with state and local government agencies and scientific experts has been a key element in developing these regional plans. An account of major milestones follows:

Southern Swan Coastal Plain, Western Australia: This pilot draft regional plan is near completion. Preliminary discussions are under way to use the plan as a platform for bilateral agreement with the Western Australian Government for cooperative approaches to planning and environmental approvals. If successful, this would allow for EPBC Act issues in the region to be dealt with through the Western Australian planning system, and would reduce the need for Australian Government environmental approvals. In 2007–08 the department will finalise the strategic regional plan and continue discussions with the state government and local councils in the region to consider the alignment of planning processes and requirements.

Cardwell and Johnstone Shires, far north Queensland: The focal point in this region has been the Mission Beach development zone which is a hotspot for referral activity and compliance investigations related to potentially significant impacts on threatened species such as the cassowary and on the Wet Tropics and Great Barrier Reef world heritage areas. The planning work will help identify environmental conservation areas and land predominately allocated to accommodate urban development in the state government’s draft Far North Queensland 2025 Statutory Regional Plan, which is due to be released for public comment in April 2008.

Magnetic Island, Queensland: At the invitation of the Townsville City Council, a departmental staff member was seconded to the council to foster a strong intergovernmental relationship and gain a greater understanding of the council’s planning processes and framework. This also assisted identification of areas for future cooperation and alignment of processes. In addition, the department, with state agencies, scientific experts and other key stakeholders, developed a draft strategic regional plan for Magnetic Island. The plan is expected to be finalised in 2007–08 and the department will negotiate with the local council to align planning processes and requirements where possible.

Strategic state and local planning

The department is working closely with the NSW Department of Environment and Climate Change to ensure EPBC Act matters of national environmental significance are adequately protected in biodiversity assessments of regional growth areas and local government areas of NSW. Plans or policies such as local environment plansthatachievea‘maintainorimprove’standardforbiodiversitymatterscanbe‘biodiversitycertified’underNSWenvironmentallegislationandavoidfurtherenvironmental assessment under state processes. Where those plans also provide adequate protection against significant impacts for EPBC Act matters of national

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environmental significance, the federal minister can accredit the plan or make an approval bilateral agreement thereby avoiding the need for a separate EPBC Act referral. Currently, the department is in preliminary discussion to assess the merit of biodiversity certification for proposals in the Albury Shire and Sydney Region growth centres.

On request, the department assists local and state governments throughout Australia in reviewing their planning arrangements to improve strategic environmental planning and protection outcomes in relation to the EPBC Act.

National Farmers’ Federation EPBC Act Information Officer

The National Farmers’ Federation EPBC Act Information Officer provided valuable assistance to many farmers and rural stakeholders needing legal certainty in relation to the EPBC Act. This included presentations to the National Farmers’ Federation, state farming organisations, catchment management groups, commodity groups and state and territory government agencies in New South Wales, South Australia, Tasmania, Queensland, Victoria and Western Australia. From February 2007 the role was expanded to include provision of a direct liaison point (for National Farmers’ Federation members) to the entire department. This expanded position creates numerous opportunities for rural stakeholders, including:

• stakeholderaccesstoallareasofthedepartment,includingfundingstreams,programme and policy areas

• provisionofgeneralinformationandtrainingontheprocessesandoutputsofthe department

• freeadviceandclearexplanationsregardingtheEPBCAct• practicalassistancewithaspectsofreferral,assessmentandapprovalprocesses

and other features of the EPBC Act• informationandtrainingontheEPBCActtoassistNationalFarmers’Federation

staff, organisations and rural landowners and farmers to work with the legislation and other departmental matters

• assistancewithconsultativeprocesses,suchascommentsonnominationsforthreatened species, ecological communities, key threatening processes and recovery plans under the EPBC Act

• provisionoffeedbacktoboththeNationalFarmers’Federationandthedepartment about the operation of the EPBC Act.

The position is seconded to the National Farmers’ Federation in the Australian Capital Territory.

Advisory committees

The EPBC Act established three committees to assist the minister in the administration of the Act. The functions, terms of reference and current membership for each of these committees are listed in Appendix 3 of this report.



Threatened Species Scientific Committee

The Threatened Species Scientific Committee is established under subsection 502(3) of the EPBC Act. The committee’s role is to advise the minister on amending and updating the lists of threatened species, threatened ecological communities and key threatening processes and on making or adopting recovery plans and threat abatement plans. The committee may also provide additional advice to the minister on issues relating to these responsibilities.

The committee met four times in 2006–07: 5–7 September 2006, 28–29 November 2006, 6–8 March 2007 and 26–28 June 2007. The committee focused on assessing the conservation status of a number of Western Australian and Tasmanian species as part of the Species Information Partnerships with those states. The conservation status of many of these species differs between the EPBC Act and state legislation. Information to support the committee’s assessments was provided by the relevant state governments.

Thecommitteere-assessedtheconservationstatusofseveralotherspecies,includingtheorange-belliedparrotandtheChristmasIslandpipistrelle.Italso provided advice to the minister on the eligibility for listing of a number of nominated species and ecological communities.

In the latter part of 2006–07 the committee focused on drafting new procedures to implement the amendments to the EPBC Act. The committee prioritised public nominations received during the first call for nominations under the amended EPBC Act.

Biological Diversity Advisory Committee

The Biological Diversity Advisory Committee met three times in 2006–07.

On 20 November 2006, the committee considered ways in which climate change mayinfluencehowinvasivespeciesthreatenbiodiversity.Thekeymessagewas that climate change is likely to result in invasive species becoming more opportunistic in competing with native species. The committee met again on 21 November 2006 and agreed that it would continue to progress key topics identified in previous meetings, including the role of climate change on invasive species,taxonomyandincentive-basedprogrammestosupportbiologicaldiversityoutcomes.

The committee met on 25 January 2007 to formulate its response to the review of the 1996 National Strategy for the Conservation of Australia’s Biological Diversity. Thekeyrecommendationsmadebythecommitteeincludedin-principlesupportfor a national environmental stewardship programme, of which the strategy should take full advantage; more detailed and explicit recognition of major threats to biodiversity (e.g. climate change, spread of both established and emerging invasive pest species); improved monitoring and evaluation practices and increased funding for taxonomy resources.

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Indigenous Advisory Committee

The Indigenous Advisory Committee meets at least twice a year. Meetings are rotated around states and regions. In 2006–07 the committee met in October 2006 at Nhulunbuy in the Northern Territory and in April 2007 in Canberra.

The committee advises the minister on the operation of the EPBC Act, taking into account the significance of Indigenous peoples’ knowledge of land management and the conservation and sustainable use of biodiversity. The committee is the key advisory group for the department’s new Working on Country programme.

In 2006–07 the committee provided advice on:

• theDhimurruIndigenousProtectedArea,NorthernTerritory,includingbothjunior and senior ranger programmes and a scholarship concept

• theNorthernTerritoryHealthyCountry,HealthyPeopleScheduleundertheBilateral Agreement on Indigenous Affairs between the Australian and Northern Territory governments

• thenationalpartnershipapproachforthesustainableharvestofmarineturtlesand dugongs

• NationalHeritageListnominationfortheBurrupPeninsula• thecommittee’stermsofreferenceandoperationalguidelines• thenewWorkingonCountryprogrammedesignandimplementation• thedevelopmentofaNationalIndigenousCaringforCountryStrategy• Indigenousengagementinfreshwaterissues• Indigenousengagementinmarinerecoveryplanning• thereviewoftheNationalBiodiversityStrategy.

Australian Heritage Council

The Australian Heritage Council is established under section 4 of the Australian Heritage Council Act 2003. It is the Australian Government’s principal adviser on heritage matters.

In2006–07theAustralianHeritageCouncilmetseventimes.Itheldface-to-face meetings in Melbourne, Canberra, Brisbane, Sydney, Portland (Victoria), and Parramatta (New South Wales), and also held a teleconference. The council provided the minister with 21 assessments for the National Heritage List, one for the Commonwealth Heritage List and five for the List of Overseas Places of Historic Significance to Australia. The council also considered several strategic issues related to its functions, including raising the profile of the National Heritage List and the Productivity Commission’s report, Conservation of Australia’s Historic Heritage Places.

The Australian Heritage Council produced a report on its first three years of operation, outlining its role in the successful implementation of the new national heritage system. The council presented the report to the minister under section 24A of the Australian Heritage Council Act 2003 and the report was tabled in parliament on 24 May 2007.



2. Conserving biodiversity

2.1 Identifying and monitoring biodiversity and making bioregional plans

Inventories of listed threatened species etc. on Commonwealth land (section 172)

Parks Australia Division continued to improve the comprehensiveness and accuracy of inventories of species in Commonwealth reserves.

Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas (section 173)

The Australian Centre for Applied Marine Mammal Science was established in 2006 and is the first major national research centre focused on understanding, protecting and conserving the whales, dolphins, seals and dugongs in Australia’s region. The centre is based in Hobart in the Australian Antarctic Division and has an extensive network of science partners throughout Australia.

The centre was established with initial funding from the Australian Government’s $100 million Commonwealth Environment Research Facilities programme and existing staff and resources from the Australian Antarctic Division’s marine mammal research group.

The Australian Government provided $400,000 from the Natural Heritage Trust and the Commonwealth Environment Research Facilities programme for research projects in 2006–07 to improve knowledge of the distribution, abundance and habitat requirements of whales and dolphins. These projects included:

• monitoringmediumandlarge-scalemovementsofbaleenwhalesusingsatellite telemetry

• estimationofmarinemammalagebymeasurementofaccumulatedmitochondrial DNA mutations

• modellinghabitatsuitabilityofAustraliansnubfinandIndo-Pacifichumpback dolphins to provide the scientific basis for their conservation and management

• studyinggeneticstructureoflong-finnedpilotwhalepopulationsinTasmaniaand social dynamics of mass strandings

• identifyinggeneticstockofsouthernrightwhalesoffthesouthcoastofAustralia

• studyingpopulationdynamicsofrightwhalesoffsouthernAustralia• researchingnovelgeneticmarkersforstockidentificationofbluewhalesand

genetic differentiation between the two main Australian feeding aggregations• determiningcriticalhabitatofbluewhalesandseismicimpactsinthe

Bonney Upwelling • estimatingabundanceoftheeastAustralianhumpbackwhalepopulation.

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Recent data from research funded through the Natural Heritage Trust indicate that populations of two out of the five threatened species of large whales found nearAustralia’scoastlineareincreasing.Whilestillmuchlowerthanpre-whalingnumbers, the Australian populations of southern right whales and humpback whales continue to increase. Currently there are around 2,400 southern right whales and 33,000 humpback whales. There are no current estimates for the abundance of the other three threatened species of large whales, the blue, fin and sei whales. (See whales and other cetaceans in section 2.2.)

Bioregional plans (section 176)

Under section 176 of the EPBC Act, the Australian Government is preparing marine bioregional plans and establishing networks of marine protected areas in Commonwealth waters as part of the Commonwealth’s contribution to the National Representative System of Marine Protected Areas.

Information on the status of the marine bioregional plans is in the chapter on coast and oceans in the first volume of this set of annual reports.

2.2 Protecting species and ecological communitiesListed threatened species and ecological communities

Thirty nominations were received during 2006–07 for the listing of threatened species (22), ecological communities (four) and key threatening processes (four). The timeframes for listing processes mean that very few nominations are determined within the year of their nomination. During 2006–07, the minister made 92 decisions based on public and other nominations, such as those generated by the department. These decisions resulted in 89 amendments to the lists, detailed in Table 9.

The February 2007 amendments to the EPBC Act establish a new process for listing nationally threatened species and ecological communities. The new listing process is designed to improve the effectiveness of listing, focusing on species and ecological communities that are in greatest need of protection.

One key change made by the amendments is that the minister may determine a conservation theme, and invite nominations for species, ecological communities andkeythreateningprocessesthatreflectthistheme.Themescouldinclude,forinstance, particular species or groups of species, or geographic regions, which would benefit from particular attention. The minister may consider advice from the Threatened Species Scientific Committee in determining the theme.

Another important change is the establishment of an assessment cycle. Stages of the new process are:

• Thecyclecommenceswithapubliccallfornominations,givingnoticeofatleast40 business days. Nominations for listing can be submitted during this time.



• NominationsareforwardedtotheThreatenedSpeciesScientificCommittee,which will prepare a proposed priority assessment list.

• PublicnominationsthatwerestillunderassessmentatFebruary2007were considered by the committee for inclusion in the proposed priority assessment list.

• Theministerconsiderstheproposedpriorityassessmentlistandmaymakechanges to the list. The minister then approves a final list which will be made publicly available. The minister’s final decision on the proposed priority assessment list provided by the committee in 2006–07 will be made in 2007–08.

• Allnominationsonthefinallistwillbeassessedwithintheassessmentperiod(likely to be 12 months in most cases). The assessment cycle includes an invitation for public and expert comment on the nominations.

• Attheendoftheassessmentperiod,thecommitteewillprovideitsadvicetothe minister, who will make a decision regarding eligibility for listing under the EPBC Act.

In 2006–07 the department held technical workshops for two ecological communities (sedge rich Eucalyptus camphora swamp community and the bluegrass-dominatedgrasslandsoftheBrigalowBelt,northandsouth).Technicalworkshops are a way to obtain expert opinion on the nature and extent of a nominated ecological community. The outcomes inform the Threatened Species Scientific Committee in its deliberations on the nominated ecological community.

The outcomes of technical workshops are now made available on the department’s website for public comment.

Permits for listed threatened species and ecological communities

FourapplicationswerereceivedunderPart13oftheEPBCActto‘move,take,kill,injure, trade or keep listed threatened species and ecological communities on or to Commonwealth land’. Four permits were issued for:

• asurveyofthegoldensunmoth(Synemon plana) population in Barton, Australian Capital Territory. The species is listed as critically endangered under the EPBC Act. The survey will be compared with similar surveys carried out during the 1980s to learn the effect of site management and environmental conditions on the population since that time

• asurveyofthegrasslandearlessdragon(Tympanocryptis pinguicolla) at Canberra International Airport, Australian Capital Territory. The survey will determine the presence and distribution of grassland earless dragons in the area. The results will be compared with similar monitoring work carried out in previous years and will provide information to assist in conservation of the species

• anexemptionfromtheuseofmandatoryturtleexclusiondevicesduringdeepsea trawling for crustaceans in the Coral Sea Fishery

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• theremovalofplantclumpsofRulingia prostrata (dwarf kerrawang) and some Eucalyptus parramattensis subsp. decadens (Earp’s gum) for the purposes of construction of an ordnance loading apron facility by the Department of Defence at the RAAF base at Williamtown, New South Wales.

The Australian Antarctic Division issued two permits in 2006–07, one to collect moulted elephant seal hair and the other an opportunistic permit to collect dead listed species.

Permits for migratory species

Parks Australia Division received four permit applications and issued all four permits as follows:

• keepingandreleasingorphanedboobybirdchicksfromPuluKeelingNational Park

• taking/movingforbandingsmallnumbersoflistedbirdsonChristmasIsland• transportingthroughKakaduNationalParkcrocodileeggscollectedunder

permit from the Arnhem Land Trust• transportingthroughKakaduNationalParkcrocodileeggsandcarcasses

collected from Arnhem Land.

The Australian Antarctic Division issued one permit in 2006–07, to opportunistically collect dead listed species.

Marine species

Permits for listed marine species

Three applications were received under Part 13 of the EPBC Act to kill, injure, take, trade, keep or move a listed marine species in or on a Commonwealth area. Three permits were issued for:

• thetaking,keepingandmovingdeadspecimensofseasnakes(inthefamiliesHydrophiidae and Laticaudidae), taken in the Northern Prawn Trawl Fishery in Commonwealth waters off the Northern Territory coast, for scientific purposes

• thetaking,keepingandmovingdeadspecimensofseasnakes(inthefamilyHydrophiidae) landed dead as bycatch on trawlers in the Northern Prawn Trawl Fishery and the Torres Strait Fishery, for scientific purposes

• collectingsamplesofthefamiliesSyngnathidaeorSolenostomidae(seahorse,pipefish, sea dragons and ghost pipefish) and the families Hydrophiidae or Laticaudidae (sea snakes) landed dead by a commercial fishing operation in waters off the Queensland coast for scientific purposes.

The Australian Antarctic Division issued six permits relating to emperor penguins, Adélie penguins and Weddell seals. Activities include collecting abandoned eggs, capturing and releasing to attach satellite trackers and/or tags, and collecting samples and other information. An opportunistic permit was issued to collect dead listed species. The ethics committee modified the Weddell seal proposal before a permit was issued.



Whales and other cetaceans

The EPBC Act requires people who have an interaction with a cetacean or a species listed as threatened, migratory or marine to notify the details to the department within seven days. A memorandum of understanding is being finalised with the Victorian Department of Primary Industries who will submit quarterly reports on behalf of the fishers instead of the individual fisher being required to report within seven days as it was found that this requirement was not being met. Similar arrangements have already been agreed with the Australian Fisheries Management Authority and Queensland Department of Primary Industries and Fisheries to cover fisheries under their jurisdiction.

The department receives other reports of interaction with listed species. The information is recorded in a database and published on the department’s website.

The Australian National Guidelines for Whale and Dolphin Watching 2005 were developed jointly by all Australian, state and territory governments through the Natural Resource Management Ministerial Council, and represent a consistent national policy for the management of whale and dolphin watching. The guidelines set out Tier 1 and Tier 2 standards for whale and dolphin watching. Tier 1 standards outline general requirements for protecting animals that apply to all people. Tier 2 standards primarily apply to the commercial whale and dolphin watching industry that may require alternative levels of management.

In 2006–07 the department held discussions with the Victorian and South Australian governments to consider implementing a Tier 2 whale watching management area for blue whales in the Bonney Upwelling off the Victorian coast to ensure proper management and minimise any impacts of whale watching.

Permits for whales and other cetaceans

Amendments to the EPBC Act enacted in February 2007 implement new arrangements for issuing permits relating to cetaceans in the Australian Whale Sanctuary. The amendments change and streamline processing of Part 13 permit applications, which are no longer treated as controlled actions under section 165(2)(b) of the Act.

Section 266A of the EPBC Act has been repealed. The department is no longer required to inform subscribers to the section 266A register of new permit applications. Applicants are no longer required to place an advertisement in a newspaper requesting public comment on their application. Instead, the department will invite comment on permit applications through notification on theinternetatwww.environment.gov.au/epbc/invitations-to-comment.html.

The department received nine applications for interference with whales and other cetaceans in 2006–07. Two permits were issued, two were withdrawn, three are still under consideration, and two were for whale watching permits. Other activities

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authorised under the permits included scientific research, and approaching cetaceans for documentary filming and photography. Under the amended provisions of the EPBC Act, whale watching permits are no longer required for Tier 1 areas. The department has not yet declared any Tier 2 areas for which permits are required.

The amendments to the EPBC Act removed requirements for export and import permits for cetacean items. These items are now treated in the same manner as all other Australian native wildlife listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). To ensure no relaxation in controls, steps were also taken to introduce stricter domestic measures to treat all cetaceans as though they are listed on Appendix I to CITES. Other amendments brought cetacean permit applications and processes into line with other threatened, migratory and marine species and removed the requirement for them to be treated in the same manner as a referral process. This had been found to be overly bureaucratic, costly and unnecessary given the small amount of feedback received from the public on these proposals. Public notification and comment is now provided on the department’s website.

Recovery plans and threat abatement plans (section 284 report)

Recovery planning

Under the amendments to the EPBC Act the minister must decide whether to have a recovery plan for a species within 90 days of it becoming listed as a threatened species.

The department continued to make substantial investment in recovering threatened species through developing and implementing recovery plans. Over 820 nationally threatened species and ecological communities now have recovery plans in place or in preparation, including 80 per cent of critically endangered species and 64 per cent of endangered species. The EPBC Act has now been in operation for nearly seven years, and there is an increasing number of recovery plans due for review. In 2006–07, 26 recovery plan reviews were under way. (See page 71.)

In 2006–07, 66 recovery plans covering 106 terrestrial threatened species were made oradoptedundertheEPBCAct.Speciescoveredinclude40Victorianfloraspecies,theGouldianfinchinnorthernAustralia,theTasmanianwedge-tailedeagleandforty-spottedpardalote,theorange-belliedparrot,thesouth-easternred-tailedblack-cockatoo,thebuff-bandedrailontheCocos(Keeling)Islands,theTasmaniangiantfreshwater lobster and the northern and southern marsupial moles.

Testingmoreintegratedapproachesthanthesingle-speciesapproachtothreatened species recovery continued in 2006–07. Regional recovery plan pilot projects that adopt a landscape approach to threatened species recovery are progressing well in the Border Ranges region in New South Wales and Queensland,



the south coast of Western Australia, the Mount Lofty–Murray Darling Basin region in South Australia and on Norfolk Island. New pilot projects began in the Northern Rivers region in New South Wales and on Christmas Island.

Implementation of priority actions identified in recovery plans continued across Australia and the external territories. Projects will assist in protecting and recoveringhabitatthroughfencingandrevegetation,on-groundsurveysandpopulation monitoring, captive breeding programmes, weed and feral pest control, and community education.

New funding was provided to assist such species and ecological communities as theblack-flankedrockwallaby,thegiantfreshwaterlobster,theTasmaniandevil,KangarooIslandthreatenedflora,marsupialmoles,theshrike-titinnorthernAustralia, and the Cumberland Plain woodlands in the Sydney Basin bioregion.

For marine species, recovery plans are in place for:

• thegreatwhiteshark,greynurseshark(bothdueforreviewin2007)andwhale shark

• thesubantarcticfursealandsouthernelephantseal• marineturtles• 10seabirdspecies• fourhandfishspecies.

ArecoveryplanfortheAustraliansea-lionandamultiplespeciesrecoveryplanfor Pristis microdon (freshwater sawfish), Glyphis sp. A (speartooth shark) and Glyphis sp. C (northern river shark) are under development.

Threat abatement planning

Ten threat abatement plans are in place to address the impacts of feral goats, rabbits,cats,foxes,pigs,root-rotdiseasePhytophthora cinnamomi, chytrid fungus,trampants,long-linefishingonseabirdsandbeakandfeatherdiseaseofparrots. Plans for the feral goat, rabbit, cat, fox and Phytophthora are being revised.

Two threat abatement plans are currently in preparation, one for injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris and another for exotic rodents on Australian offshore islands of less than 100,000 hectares. Both are expected to be approved in early 2008.

In 2006–07 the updated threat abatement plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations received ministerial approval. The plan, developed by the Australian Antarctic Division in consultation with other government agencies, fishing and conservation interests, replaces the first plan approved in 2001. The new plan recognises the substantial progress made in Australian fisheries since 2001 in reducing seabird bycatch and requires government agencies to take a range of actions to further decrease bycatch in domestic and international fisheries. These include applying mitigation measures

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and seabird bycatch limits to Australian fisheries, and promoting mitigation at international forums.

For information on threat abatement projects funded in 2006–07 refer to the chapter on land and inland waters in the first volume of this set of annual reports.

Wildlife conservation plans (section 298 report)

The Wildlife Conservation Plan for Migratory Shorebirds was made in February 2006 and is the first wildlife conservation plan developed under the Act. The plan outlines the range of research and management activities to be implemented over the next five years in support of the conservation of 36 species of migratory shorebirds. The plan also represents national level action within the broader Implementation Strategy for the East–Asian Australasian Flyway Partnership 2007–2011.

In 2006–07 the department contributed over $350,000 to the implementation of the plan. Projects funded included $165,000 towards a nationally coordinated monitoring programme. An additional $140,000 was provided to support Australia’s international efforts to conserve migratory shorebirds and their habitats across their full range. These efforts include bilateral treaties with China, Korea and Japan and a multilateral partnership for the conservation of migratory shorebirds in the East–Asian Australasian Flyway.

Exemptions under section 303A

No applications under section 303A were received for exemptions from Part 13 of the Act.

2.3 International movement of wildlife

The EPBC Act regulates the export of Australia’s native wildlife and the import of live exotic species. The EPBC Act also regulates the movement of internationally recognised endangered species, thereby fulfilling Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

The EPBC Act provides good conservation outcomes and supports sustainable commercial activity by:

• promotingthehumanetreatmentofanimals• requiringanassessmentofanyproposaltoimportanewlivespeciesto

determine the potential for that species to have a significant impact on the Australian environment

• ensuringthatanycommercialuseofAustraliannativewildlifeforexportismanaged in an ecologically sustainable way



• providingastreamlinedandtransparentsystemforcommercialoperators• strictlycontrollingthecommercialexportoflivenativemammals,birds,

amphibians and reptiles• requiringthattheassessmentofpermitapplicationsforwildlifetradeincludes

proper consideration of broader ecosystem impacts• ensuringthatanyotherrequirementsundertheEPBCActinrelationto

environmental assessment and approvals or other permits are met before making a decision to issue a permit.

Sustainable wildlife industries

In 2006–07 representatives for the Australian Government and all state and territory governments prepared national guidelines for the harvesting of tree ferns andgrasstrees.Bothoftheseareslow-growingandmaturingspecies,valuablein the horticultural trade. The guidelines cover best practice for regulation and harvesting of these species to meet the sustainability requirements of the EPBC Act Part 13A and to facilitate the development of consistent harvesting practices across states and territories.

Wildlife trade management plans and wildlife trade operations approved under the EPBC Act govern the sustainable wild harvest of wildlife and the humane treatment of animals. During the year, two wildlife trade management plans (for the commercial harvest of tree ferns in Tasmania and the commercial harvest of kangaroos in New South Wales) were submitted. The latter was approved, but the former is still being considered. Wildlife trade management plans enable the Australian Government to ensure that wildlife use is renewable.

Amendments to the EPBC Act of direct relevance to international wildlife trade maintain the requirement for a wildlife trade import permit, but limit the need for imports to be part of a commercial import programme. A commercial import programme is now required only for specimens that have been identified as declared specimens through publication of a gazette notice, and where the specimen is not, or is not derived from, an animal bred in captivity or from a plant that has been artificially propagated. The specimen must still be accompanied by an export permit from the relevant CITES management authority of the exporting country. This added regulation ensures a higher level of protection is provided where required for CITES listed species.

Other amendments to the EPBC Act now require a cooperative conservation programme to be established for the international movement of all cetacean species, as they are now regarded as being listed in Appendix I of CITES. This is a stricter domestic measure allowed by, but not required under, CITES.

Forty-eightapplicationswerereceivedtoamendthelistofspecimenssuitableforlive import and 20 amendments to this list were registered on the Federal Register of Legislative Instruments and tabled (including two corrections).

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Wildlife trade permits and programmes

For information on wildlife trade permit efficiencies, see Part 1.4 of this report.

In 2006–07, 2810 wildlife trade permits and 24,908 personal accompanied baggage permits were issued.

Atotalof240non-commercialwildlifetradepermitswereissuedtozoologicalinstitutions and scientific researchers. Three cooperative conservation programmes (breeding programmes that are operated with the intention of conserving a species) for a number of CITES I listed species were developed. This enabled the export of gorillas to zoos in Portugal, Germany and Japan and approval forPerthZootoexportafemalecaptive-bornorang-utanforrehabilitationandreleaseintothewildundertheSumatranOrang-utanConservationProjectatBukitTigapuluh National Park in Indonesia.

This is the first approved cooperative conservation programme that has included the release of an animal into the wild. It represents an important step towards establishing new populations and achieving increased gene diversity for this critically endangered species. In 2006–07 the Australian Government provided funding for the rehabilitation programme in Bukit Tigapuluh National Park under the Regional Natural Heritage Programme.

The import of Asian elephants in 2006 raised some concerns over welfare aspects associated with international wildlife trade. The department continued to consult with key stakeholders, in particular the Australasian Regional Association of Zoological Parks and Aquaria (ARAZPA) and the Royal Society for the Prevention of Cruelty to Animals (RSPCA) in relation to this issue.

As a result of the increasing number of requests to import or export live wildlife specimens from persons interested in starting up new zoos, aquaria and wildlife parks, the department developed guidelines and assessment criteria. These will provide a more simplified and consistent method for assessing such applications in the future.

The department enters into ambassador agreements with overseas countries to export native species including koalas, wombats and EPBC Act listed threatened species. These agreements require the receiving institution to comply with specific conditions on husbandry requirements, health and the transfer of an animal and its progeny. Agreements entered into in 2006–07 include the export of common wombats to Dusit Zoo in Thailand and four koalas to Chiang Mai Zoo in Thailand.

The department is working closely with ARAZPA to develop policies, within the legislativeframework,onassistedreproductivetechnologiessuchasin-vitrofertilisation, sperm sorting and embryo transfer. These techniques are becoming an important option to manage the future demography and genetic diversity of animal populations in Australian and overseas zoos.



The minister refused an application for a commercial import programme for ramin timber from Peninsula Malaysia, based on concerns raised within CITES on the sustainability of the ramin harvest and the establishment of an effective harvesting management regime.

The following wildlife programmes were approved:

• threecooperativeconservationprogrammes• onewildlifetrademanagementplan• 12individualwildlifetradeoperations(non-fisheries)• 30artificialpropagationprogrammes• oneaquacultureprogramme.

The department has enhanced its permit verification system as part of its efforts to ensure compliance with the EPBC Act. The system combines desk top reviews and site visits to measure the level of compliance by individuals and businesses involved in the international trade of regulated species. The system provides an opportunity for departmental staff to learn of issues faced by industry in complying with the legislation, while educating business operators about international trade requirements under the EPBC Act.

The department continued to cooperate with the Australian Customs Service in regulating international wildlife trade, under an established memorandum of understanding.Customsprovidearangeofborderandpost-borderenforcementservices in partnership with the department. The department provides Customs with training and decision support tools; 175 Customs officers attended training sessions during the year. Training in international wildlife trade regulation was also provided to 95 Australian Quarantine and Inspection Service officers.

2.4 Conservation agreements

The EPBC Act enables the environment minister to enter into conservation agreements with another party to protect and conserve biodiversity or heritage. Since the EPBC Act came into force in 2000, 10 conservation agreements have been entered into to protect matters of national environmental significance, such as threatened species and ecological communities, including the mountain pygmy possum, the giant barred frog and the world heritage values of the Great Barrier Reef. More information is at http://www.environment.gov.au/epbc/species/conservationagreements.html.

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3. Managing heritage and protecting significant areas

Listing and managing heritage places in Australia

The Australian Government’s heritage system provides protection for national heritage places as a matter of national environmental significance, complementing the world heritage provisions within the EPBC Act.

The Australian Heritage Council Act 2003 established the Australian Heritage Council as the Australian Government’s principal advisory body on heritage matters. The Australian Heritage Council has responsibility under the EPBC Act for assessing the heritage values of places for the National Heritage List and the Commonwealth Heritage List.

Amendments to the EPBC Act and Australian Heritage Council Act 2003, which came into effect on 19 February 2007, introduced some changes to the nomination process and the role of the Australian Heritage Council. The amendments also introduced a process under which the minister makes an annual call for public nominations for the lists and decides on a finalised priority assessment list of nominations which the council will assess in the forthcoming year. The council provides its assessments to the minister who makes the decision on whether places are listed.

World heritage

There are 17 Australian properties inscribed on the World Heritage List. The Sydney Opera House was inscribed on the World Heritage List on 28 June 2007.

Under the EPBC Act, the Australian Government must use its best endeavours to ensure that a plan for managing a world heritage property is prepared and implemented cooperatively with the state or territory in which the property is situated. The plan should be consistent with Australia’s obligations under the World Heritage Convention and the Australian World Heritage Management Principles.

Fifteen of the 17 Australian properties in the World Heritage List have management plans. A number of management plans for Australia’s world heritage properties were prepared before EPBC Act requirements applied. In 2006–07 work was undertaken to bring several of these plans into line with EPBC Act requirements as they become due for renewal under state statutory timeframes and processes. They include:

• upgradesoftheexistingmanagementplansfortheRoyalExhibitionBuildingand Carlton Gardens

• amid-termreviewofthe1999TasmanianWildernessWorldHeritageAreaManagement Plan



• revisionandupdatingofthe1996PlanofManagementfortheWillandraLakesregion

• developmentofnewmanagementplansforPurnululuandKakaduNationalPark, given the expiry of the previous plans

• developmentofanewplanforMacquarieIsland,giventheexpiryoftheprevious plan

• areviewoftheWetTropicsofQueenslandWorldHeritagePlan• developmentofastrategicplanfortheGreaterBlueMountainsWorld

Heritage Area• releaseoftheSharkBayWorldHeritagePropertyDraftStrategicPlanforpublic

comment in October 2006. The Western Australian Department of Environment and Conservation is now in the process of reviewing public submissions.

Serial nomination of convict places to the World Heritage List

The Australian Government is currently preparing an Australian convict sites world heritage nomination. The proposed serial listing includes 11 places from around Australia. Two are already in the National Heritage List (Port Arthur and Fremantle Prison). As of 30 June 2007, the Australian Heritage Council has assessed eight others:

• CockatooIslandConvictSite• HydeParkBarracks• OldGovernmentHouseandtheGovernmentDomain,Parramatta• OldGreatNorthRoad• CascadesFemaleFactory,Yards1,3,andYard4South• DarlingtonPrecinct• CoalMinesHistoricSite• KingstonandArthursValeHistoricArea,NorfolkIsland.

The remaining place (Brickendon and Woolmers, Tasmania) is still under assessment by the Australian Heritage Council. The intention is to submit the nomination to the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2007.

Most of the management plans for the individual places are in the process of review or preparation. In 2006–07 the department provided $20,000 funding to update the conservation management plan for Woolmers Estate and committed approximately $70,000 for a management plan for Brickendon Estate.

The department provided comments on management plans being prepared for the Cascades Female Factory in Hobart and the Kingston and Arthurs Vale Historic Area on Norfolk Island, and contributed to the management plan for the Fremantle Prison currently in preparation.

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List of Overseas Places of Historic Significance to Australia

The 2007 amendments to the EPBC Act established the List of Overseas Places of Historic Significance to Australia. This list provides for symbolic recognition of overseas places which are of outstanding historic significance to Australia. The minister subsequently entered Anzac Cove, Turkey; the Kokoda Track, Papua New Guinea and Howard Florey’s laboratory, United Kingdom in the list.

National heritage

As at 30 June 2007 there were 59 places in the National Heritage List, with 28 places added to the list in 2006–07 following assessments by the Australian Heritage Council. These include 16 places added to the list following new legislative provisions that allow the inclusion in the National Heritage List of places in the World Heritage List. These places were:

• LordHoweIslandGroup,NewSouthWales• CentralEasternRainforestReserves,NewSouthWales• WillandraLakesRegion,NewSouthWales• GreaterBlueMountainsArea,NewSouthWales• AustralianFossilMammalSites(Naracoorte),SouthAustralia• GreatBarrierReef,Queensland• FraserIsland,Queensland• WetTropicsofQueensland• AustralianFossilMammalSites(Riversleigh),Queensland• PurnululuNationalPark,WesternAustralia• SharkBay,WesternAustralia• MacquarieIsland,Tasmania• TasmanianWilderness• KakaduNationalPark,NorthernTerritory• Uluru–KataTjutaNationalPark,NorthernTerritory• ExternalTerritoryofHeardIslandandMcDonaldIslands.

The other places added to the National Heritage List in 2006–07 were:

• WarrumbungleNationalPark,NewSouthWales• SydneyHarbourBridge,NewSouthWales• Ku-ring-gaiChaseNationalPark,NewSouthWales• Lion,LongandSpectacleIslandNatureReserves,NewSouthWales• RoyalNationalParkandGarawarraStateConservationArea,NewSouthWales• GrampiansNationalPark(Gariwerd),Victoria• EchucaWharf,NewSouthWales–Victoriaborder• FloraFossilSite,Yea,Victoria• FlemingtonRacecourse,Victoria• RipponLeaHouseandGarden,Victoria• EdiacaraFossilSite(Nilpena),SouthAustralia



• GlassHouseMountainsNationalLandscape,Queensland• StirlingRangeNationalPark,WesternAustralia.

The minister decided not to include seven places in the national list in 2006–07.

Under the EPBC Act prior to 19 February 2007, the Australian Heritage Council was requested by the minister to undertake 54 new assessments of places for the National Heritage List. Following the amendments, 23 nominations were forwarded to the Australian Heritage Council for consideration for inclusion in the first proposed priority assessment list under section 324JA. As at 30 June 2007 the council had completed a total of 97 assessments for the National Heritage List (21 in 2006–07).

Provisions in the EPBC Act enable the minister to include in the National Heritage List a place that the minister believes may have national heritage values which are under threat. In 2006–07 the minister received requests to emergency list six places in the National Heritage List. As at 30 June 2007 no places were emergency listed, two had been rejected, and four had been withdrawn or had not proceeded.

One of these emergency listing requests related to the Burrup Peninsula. The request was to include the entire Dampier Archipelago in the list. The minister declined the request. However, under the standard listing provisions of the EPBC Act, the minister included the Dampier Archipelago, including Burrup Peninsula, in the National Heritage List on 3 July 2007 ensuring protection of Indigenous heritage without compromising the viability of nationally important industries.

Progress in developing management plans for national heritage places

To ensure the protection of a national heritage place, the EPBC Act provides for the preparation of management plans which set out how the significance of the site will be protected or conserved. Where a national heritage place is not entirely within a Commonwealth area and is in a state or territory, the Australian Government must use its best endeavours to ensure that a management plan is prepared and implemented in cooperation with the relevant state or territory government. The minister is responsible for preparing management plans for national heritage places in Commonwealth areas.

Many of the places included in the National Heritage List have management plans prepared under state or territory legislative arrangements which may not fully satisfy the requirements of the EPBC Act. Sometimes multiple plans exist for the same place, often because of the different institutional owners involved. A study commissioned by the department and completed in December 2006 (Management Plans for National and World Heritage Properties) noted that most national heritage places had some form of management plan in place. However, as the greatmajorityofmanagementplanspre-datetheAct,mostplansdonotmeetitsrequirements. The study also found that while a management plan may not meet the requirements of the Act, a number were effective in complying with current

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conservation planning best practice and were likely to lead to the conservation of national heritage values.

As a result of the study, and the development of a priority list for the development of management plans, the Australian Government provided financial assistance (in accordance with section 324ZB of the Act) towards the development of management plans for Richmond Bridge (Tasmania), Batavia Shipwreck Site and Survivor Camps Area 1629 – Houtman Abrolhos (Western Australia), the Dirk Hartog Landing Site 1616 – Cape Inscription Area (Western Australia) and RechercheBayNorth-eastPeninsula(Tasmania).

Work began on two management plans for the Point Nepean Defence Sites and Quarantine Station Area after the place was added to the National Heritage List. The Quarantine Station is also on the Commonwealth Heritage List. The plans, prepared by Parks Victoria, the Mornington Peninsula Shire Council, and the Point Nepean Community Trust, include an integrated management plan for the entire area and a conservation management plan for the Quarantine Station. The plans address the requirements of the Act for national and Commonwealth heritage listed places. It is anticipated that the plans will be finalised by the end of 2007.

In 2006–07 the department was involved in consultations over the development of plans for other national heritage places: Mawson’s Huts Historic Site (Australian AntarcticTerritory),RechercheBayNorth-eastPeninsula(Tasmania),andOldParliament House (Australian Capital Territory).

National Heritage List communications themes

One of the objectives of the National Heritage List is to achieve greater protection through promoting greater public awareness and understanding of Australia’s heritage and its importance to Australia’s national identity. A branding framework andfour-yearcommunicationstrategyhavebeendevelopedtohelpthelong-term protection of places on the National Heritage List by increasing Australians’ involvement in, understanding of, and commitment to Australia’s heritage. As part of this strategy, additions to the National Heritage List have achieved extensive media coverage of the list and individual sites.

The first half of 2006–07 saw the completion of the 2006 national heritage theme, ‘coastalandmaritimeheritage’.

The Australian Government sponsored part of the voyage of the Duyfken (a replica ofasmallDutchshipwhichin1606landedonthewesternsideofCapeYork)tomark the 400th anniversary of the first documented European contact with and mapping of Australia. The voyage also served as the centrepiece of the government’s coastal and maritime heritage theme for 2006. The Duyfken stopped in 25 ports around Australia, and was open for tours by the public and schools in each port. Itisestimatedthat80,000peopletouredtheshipoverthe10-monthperiod,and376 media stories and interviews featured in metropolitan and regional media.



The second half of 2006–07 saw the development and implementation of the 2007 annualnationalheritagetheme,‘theAustralianspirit’.Theobjectivewastohonourthepeople,events,andplacessignificanttoallAustraliansusingthreesub-themes:ingenuity, courage under adversity, and unique lifestyle.

Activities included:

• apartnershipwiththeAustralianFootballLeaguetopromoteAustralia’smilitary heritage through the ANZAC Day game at the Melbourne Cricket Ground

• atravellingphotographicexhibitionfeaturingkeystoriesunderthethree sub-themes

• acalendarbasedonthetheme• apartnershipwithQantas(whichwillreflectthethemeinitsmagazineand

in-flightvideo)• apartnershipwiththeNationalArchivesofAustralia(whichwillpromote

theme stories through its existing public exhibitions).

Commonwealth heritage

The Commonwealth Heritage List includes natural, Indigenous and historic places in Commonwealth areas (land and waters owned or leased by the Commonwealth) identified by the minister as having Commonwealth heritage values.

Amendments to the EPBC Act which came into effect in early 2007 also changed the nomination and assessment process for the Commonwealth Heritage List. The changes are similar to changes to the national heritage listing process, with the exception that there is no provision for a statutory theme for the Commonwealth Heritage List.

By 30 June 2007 the Commonwealth Heritage List included 340 places. One place was added in 2006–07: the Tasmanian Seamounts.

In 2006–07 three places were nominated for inclusion in the Commonwealth Heritage List. Two nominations were in response to the public call for nominations. These were for the RAAF Williams Base, Laverton, Victoria, and for the Eastern ACT Grasslands. The third nomination came in before the amendments were passed; it is for the Officers Mess, Glenbrook RAAF Base, New South Wales. All are being considered by the Australian Heritage Council for inclusion in its first proposed priority assessment list.

Provisions in the EPBC Act enable the minister to directly include a place in the Commonwealth Heritage List when the minister believes it may have Commonwealth heritage values which are under threat. In 2006–07 the minister received no such listing requests.

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Progress in developing management plans for Commonwealth heritage places

The department continued to advise and work with Australian Government agencies on their responsibilities to prepare management plans for Commonwealth heritage places under their ownership or control. Before an agency finalises a plan, it must invite members of the public, Indigenous people with rights and interests in the place and, where relevant, a state or territory to comment on the draft plan.

If plans are already in place and are consistent with the new Commonwealth heritage management principles prescribed in Regulations to the EPBC Act, a new plan may not be required.

In 2006–07 the minister advised the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and the National Capital Authority that their management plans for two places under their responsibility satisfy Commonwealth heritage management principles. The places are CSIRO’s Building 101 (Entomology) at Black Mountain, and the National Capital Authority’s High Court–National Gallery Precinct.

The department consulted with Commonwealth agencies on draft management plans for Lady Elliott Island in Queensland; the National Gallery of Australia, Old ParliamentHouseGardens,OldParliamentHouse,andYorkParkintheAustralianCapital Territory; the Perth General Post Office and Kalgoorlie Post Office in Western Australia; the Defence Explosives Factory at Maribyrnong, and Point Nepean Quarantine Station in Victoria; Mawson’s Huts Historic Site in the Australian Antarctic Territory; and Kingston and Arthurs Vale Historic Area on Norfolk Island.

Progress in preparing heritage strategies for Commonwealth heritage values

Australian Government agencies that own or control one or more places with Commonwealth heritage values must prepare a written heritage strategy for managing the places to protect and conserve their values. The principal objective of a heritage strategy is to outline a strategic approach for the agency to effectively manageplaceswhichitownsorcontrolsforthelong-termprotectionandconservation of their Commonwealth heritage values. Before developing a heritage strategy, the agency is required to consult the Australian Heritage Council and take its advice into account.

A heritage strategy must address the matters set out in the Regulations under the EPBC Act. In 2006–07 heritage strategies for the National Library of Australia, the OfficeoftheOfficialSecretarytotheGovernor-General,andParksAustraliawerecompleted. The Australian Heritage Council provided advice on heritage strategies for the Australian National University and the Australian Customs Service. The department provided comment on draft heritage strategies for the Australian Broadcasting Commission, the Australian Film Commission, the Department of



Parliamentary Services and the National Gallery of Australia. Twelve agency heritage strategies have been completed.

The department also held discussions with the Department of Immigration and Citizenship, the High Court of Australia and the Office of Australian War Graves about the preparation of their heritage strategies.

By 30 June 2007 the department had reminded all Australian Government agencies of their obligations under the EPBC Act to prepare heritage strategies.

Wetlands of international importance

Ramsar sites are wetlands of international importance listed through an Australian Government nomination on the Convention on Wetlands of International Importance especially as Waterfowl Habitat (the Ramsar Convention).

The department continued to assist in the development and review of management plans for Australian Ramsar sites. Under the EPBC Act all Ramsar sites in Commonwealth areas are required to have, and do have, management plans. To date 55 of the 64 listed Australian Ramsar wetlands have management plans or draft plans. The management status of Australia’s Ramsar sites including their management plans is currently under review.

In December 2006 the department notified the Ramsar secretariat of a change in the ecological character of the Coorong and Lakes Alexandrina and Albert Ramsar site, in accordance with Article 3.2 of the Ramsar Convention.

Section 336 of the EPBC Act allows the Commonwealth to provide assistance for the protection or conservation of a Ramsar wetland. No direct assistance has been provided under this section of the Act. However, projects have been funded under the national and regional components of the Natural Heritage Trust and the Coastal Catchments Initiative to assist the conservation and management of Ramsar wetlands in Australia, including descriptions of the ecological character of a number of Ramsar wetlands. These projects will inform future management of the wetlandsandEPBCActdecision-making.

The details of these projects are in the section on water strategies in the chapter on land and inland waters in the first volume of this set of annual reports

Biosphere reserves

A biosphere reserve is a unique concept which includes one or more protected areas and surrounding lands that are managed to combine both conservation andsustainableuseofnaturalresources.‘Biospherereserve’isaninternationaldesignation made by the United Nations Educational, Scientific and Cultural Organization (UNESCO). The department is the focal point for biosphere reserves in Australia, while the Australian National Commission for UNESCO has overall responsibility for UNESCO activities.

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The EPBC Act allows the minister to cooperate with states and territories on biosphere reserves while the Regulations contain principles for the management of biosphere reserves.

A nomination for a new biosphere reserve in Noosa was submitted in 2006–07. The Noosa nomination was considered at the International Advisory Committee for biosphere reserves meeting in June 2007 with a final decision due to be made by the International Coordinating Council of Man and the Biosphere meeting in February 2008. The international Man and the Biosphere Programme is a UNESCO initiative.

Technical advice was provided to community and other organisations and groups involved in biosphere reserve development.

Commonwealth marine reserves

The Australian Government establishes and manages an estate of marine protected areas that are Commonwealth reserves under the EPBC Act.

The Cod Grounds Commonwealth Marine Reserve was declared on 28 May 2007 to protect a key aggregation site for the critically endangered grey nurse shark. The reserve is located off the coast of northern New South Wales near Laurieton.

TheSouth-eastCommonwealthMarineReserveNetwork,comprising13individualreserves, was declared on 28 June 2007 and will take effect 3 September 2007. It is the world’s first network of temperate deep sea marine reserves.

FormoreinformationontheSouth-eastCommonwealthMarineReserveNetworkand the marine bioregional planning process, refer to the chapter on coasts and oceans in the first volume of this set of annual reports.

In accordance with the February amendments to the EPBC Act, new Commonwealth reserves will be managed under approvals issued by the Director of National Parks until management plans are developed and come into operation following a period of public consultation. The interim management arrangements commence when the network comes into effect. The management plan for the network will be developed in accordance with section 176 of the EPBC Act, and is expected to take approximately 12 months to prepare.



4. Monitoring and compliance The department’s post referral and approval verification, monitoring and auditing effort increased. Teams of audit staff were trained and a full programme of audits undertaken. Amendments to the EPBC Act introduced important new investigative powers, increased the Act’s effectiveness and increased the range of enforcement responses.

In-housecomplianceandenforcementtrainingincreased.Investigationandmonitoring operations conducted in collaboration with others increased. This has meant a more effective use of resources in Australia and overseas.

Australasian Environmental Law Enforcement and Regulation Network

The Australasian Environmental Law Enforcement and Regulation Network, launchedin2004,continuedtosuccessfullypromotecross-jurisdictionaldialogue and cooperation for environmental law enforcement and regulation. The network now has 24 agency members, including at least one agency in every Australian jurisdiction.

The network held its 3rd national conference in Sydney in November 2006 on thetheme‘workingtogetherforregulatorycompliance’.Theconferencedrewover 250 delegates, another record registration. Participants attended almost 60 presentations on such issues as regulatory management and theory, audit and monitoring, training, and evidence collection.

The network has several working groups, and through the Audit Working Group the department worked with partner agencies to develop a national training programme for member agencies and agreed national standards for compliance audits. The network is an excellent forum for sharing experience and provides a rangeofbenefitsthroughco-regulationandjointcomplianceactivities.

Audit programme

The department commenced its compliance auditing programme in July 2006 to:

• monitorcompliancewithconditionsofapprovalandparticularmannerrequirements

• evaluatetheconditionsandrequirementsattachedtoauditedprojectsinrelation to their ability to be understood and complied with

• evaluatetheeffectivenessoftheconditionsandrequirementsinprotectingtherelevant matter of national environmental significance for each audited project

• reviewthedepartment’sprocessesandsystemswithaviewtocontinualimprovement.

The initial compliance audit programme involved 110 projects. These were projects judged at the time of approval to have a higher than average risk of

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non-compliance.Fromthese,12randomlyselectedprojectswereaudited.These included a seismic survey, aerial baiting, construction of a school building, extension of an existing coal mine, a new mining operation, replacement of bridges, rail link construction, road works, sewerage and irrigation.

In general, the audits identified a high level of compliance with conditions. Some non-complianceswereidentifiedandrectified.Theaudits’recommendationsenabled the department to improve its processes, develop more effective conditions and improve compliance with the EPBC Act. Another benefit of the auditprogrammewasincreasedliaisonwithco-regulatorssuchasstateandlocalgovernment agencies, enabling joint audits to be carried out and improving information sharing.

All employees involved in undertaking audits have received training, including taking part in audits by state agencies.

Compliance

In 2006–07 the department worked to develop a database to streamline and support its procedures for responding to the growing number of reports of alleged breaches of Part 3 of the EPBC Act. As a result of increased awareness of the Act and an improved capacity to respond to reports, the department dealt with over 580 reports about 370 incidents or activities potentially in breach of provisions relating to activities that may have a significant impact on matters of national environmental significance. These reports come from a variety of sources and each report is carefully investigated to determine whether or not the Act does or should apply. The department works cooperatively with state and local government agencies to improve compliance with the Act.

The department receives many reports of activities that are primarily of state or local concern, but which nevertheless need to be investigated sufficiently to establish that the EPBC Act does not apply. As a result of the enhanced procedures to manage the volume of compliance work, recording and tracking of all new reports and cases through the relevant databases is now comprehensive.

Consistent with the department’s compliance and enforcement policy, a range of flexibleandtargetedmeasuresareusedtopromotecomplianceandtorespondto breaches. Where compliance approaches fail, enforcement sanctions are applied. The recent amendments to the EPBC Act have considerably increased the investigative tools, compliance approaches and enforcement sanctions available.

Many compliance incidents dealt with by the department involve actions that have not yet taken place. In these cases, the department investigates to determine whether or not the activity should be regulated by the EPBC Act. In 2006–07, approximately 15 per cent of all referrals received by the department resulted from active compliance intervention.



Case study: Facilitating voluntary compliance

The department encourages and assists people planning developments which may impact on protected matters to engage with the requirements of Part 3 of the EPBC Act.

The department often receives reports about developments which may require regulation under the Act. Such reports come from many sources including neighbouring residents, local environment groups, environmental experts, rival companies, and local and state governments.

In March 2007 the department was notified that a subdivision that could affect a substantial area of known southern cassowary habitat was proposed near Kuranda, Queensland. The southern cassowary is listed as endangered under the Act. The subdivision had the potential to isolate about 150 hectares of essential habitat in addition to alienating the 50 hectares of the subdivision itself.

The department contacted the developer’s planning consultant to alert them to the potential application of the Act. The consultant responded with appreciation, as these requirements had been overlooked in the planning process, which to date had been concerned with local and state development controls.

Subsequently, the proposal was referred under Part 7. The proposal was determined to be a controlled action as it would be likely to have a significant impact on the southern cassowary. Assessment under Part 8 of the Act began immediately.

This sequence is typical of many reports that the department investigates each year before the substantial action has taken place. The department’s capacity to respond to reports in this way ensures that proposals such as this are captured before a breach occurs and enables proper consideration to be given to impacts on matters of national environmental significance through environmental impact assessment.

The department undertook a risk assessment of administration of Parts 3, 7, 8 and 9 and related sections of the Act. The assessment documented known risks and established a framework for reducing potential risks. A major factor identified in the risk assessment and in the Australian National Audit Office’s audit of the administration of the EPBC Act was the lack of resources available for compliance and enforcement work. Additional resources were therefore provided in the 2007–08 Budget. The department has developed plans for the most effective use of the additional resources that will enable a considerable increase in compliance and enforcement in 2007–08.

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Investigations

The department continued to operate its investigative activities in conjunction with the Australian Federal Police and Australian Customs Service, and hosts outposted officers from these agencies. Efforts to increase and improve cooperation with other environmental law enforcement agencies are ongoing and have already yielded improvements in protection of the environment.

In 2006–07 the department’s Environment Investigations Unit investigated 44 cases. Investigations commenced following a variety of information reports that originated from the general public, and state, territory and Australian Governmentpartneragencies.Theunitusesmulti-disciplinaryteamsdrawingon knowledge from within the department and externally, depending on each specific investigation.

Matters of national environmental significance

At30June2007thedepartmentwasinvestigating19allegationsofnon-compliancewithPart3oftheEPBCAct.Theallegationsrelatetonon-compliancewithconditions of EPBC Act approvals and permits and taking of actions likely to have a significant impact on a protected matter without EPBC Act approval.

Allegations include impacts on listed threatened species and ecological communities, world heritage properties and wetlands of international importance, and allegedly occurred in Queensland, the Northern Territory, Western Australia, the Australian Capital Territory and New South Wales. Persons under investigation include individuals and companies.

Investigations comply with Australian Government Investigations Standards, and the department works with the Australian Federal Police to ensure policies and methodology are best practice.

Marine

The Environment Investigations Unit worked with the department’s Marine Division, conducting investigations and training wardens throughout Australia. The unit advised the division on incident management, risk assessment and pre-operationalissues.

A Marine Operations Team was formed to improve the department’s management of incidents and investigations that breach marine provisions of the Act. The team worked with the Australian Fisheries Management Authority on investigations into illegal fishing in Commonwealth waters.

International wildlife trade

There was an increase in the number of monitoring warrants executed, mainly in the exotic bird keeping industry, to check for compliance with EPBC Act provisions.



Thedepartmentparticipatedinjointinvestigationswithstateco-regulatorsresulting in several prosecutions. The department has found that whilst joint investigations can provide some management challenges they are resource efficient and broaden the range of statutory responses.

The department provided investigative support to the United States Fish and Wildlife Service in relation to two allegations of unlawful hunting made against Australian citizens. The department has also jointly managed intelligence probes into exotic reptile smuggling, coordinating the activities of Australian Government and state and territory agencies with New Zealand’s Wildlife Enforcement Group.

Education and policy development

The department continued to be a leader in developing educational and training tools for compliance and law enforcement. The department worked to refine the existing Certificate IV in Investigations and Statutory Compliance, aiming to make the course more streamlined, shorter and less disruptive to participants’ work. The department has moved to develop a Diploma in Government (Investigations) to better equip senior investigations personnel. It is intended to offer the diploma through the Australasian Environmental Law Enforcement and Regulation Network.

Recognising that multidisciplinary teams outperform individuals acting alone or in larger organisational groupings, especially when performance requires multiple skills, judgment and experience, the department developed multidisciplinary team protocols in relation to departmental compliance and enforcement actions. The protocols will apply throughout the department, and across jurisdictions in the network.

Thedepartmentisalsodevelopingguidelinesforprovidingin-houseexpertopinion on the environmental legislation it administers. The guidelines incorporate current case law relating to expert witness evidence and will increase consistency in expert witness management across the department, and across jurisdictions in the network. After a period of field testing, the guidelines may be published for wider use next year.

Prosecutions

The Commonwealth Director of Public Prosecutions has responsibility for prosecuting criminal EPBC Act offences referred by investigating agencies. EPBC Act charges can be brought by state police and other agencies, and prosecutions can be conducted by state prosecutors.

Sixteen matters were commenced under the EPBC Act in 2006–07 and eight were commenced under the Regulations. Seventeen matters were successfully finalised under the Act and 17 of 18 proposed for prosecution under the Regulations were successfully finalised.

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Requirements for environmental approvals (Part 3)

The department continued to be a responsive regulator resorting to prosecution in the most appropriate cases. The department monitors investigations by state and local government that have an EPBC Act component and decides whether additional action under the EPBC Act is appropriate. Such a case was the alleged clearanceofnativegrasslandcontainingthespinyrice-flower(Pimelea spinosa). A Victorian council sought an enforcement order that prevents further development and vests the site in the Crown. That application is currently subject to appeal.

Another investigation related to the alleged illegal clearing of a listed threatened ecological community and its associated impacts on a listed threatened species on an airport site. The matter has been referred to the Commonwealth Director of Public Prosecutions for consideration of criminal contraventions of the EPBC Act.

A third investigation related to a residential property developer in Western Australia. The developer engaged consultants who advised against the development proceeding without modification. The developer is alleged to have ignored this advice and completed the project. The matter has been referred to the Commonwealth Director of Public Prosecutions for consideration of criminal contraventions of the EPBC Act.

Particular manner decisions (Part 7) and conditions on environmental approvals (Part 9)

The department investigated a number of alleged breaches of particular manner decisions. In one example a residential property developer in northern Queensland agreed that he had not complied with the condition. The department is now seeking an enhanced environmental outcome.

The department also investigated a number of alleged breaches of conditions of approval.

It is expected that the enhanced audit programme will result in the department responding to more such instances in the coming year.

Species and communities (Part 13)

The department continued to work with the Australian Fisheries Management Authority in relation to illegal fishers and EPBC Act offences. Prosecutions against five alleged illegal fishers began. There is some overlap between the EPBC Act and fisheries legislation and the department is clarifying the circumstances in which an EPBC Act prosecution should be preferred.

International wildlife trade (Part 13A)

In 2006–07 two charges were laid under the EPBC Act by the department against two defendants and a further four defendants are expected to be charged with multiple wildlife offences following an extensive investigation into the illegal exotic bird trade in Australia. No charges were laid under the EPBC Regulations. A total of 7,533 seizure notices were issued.



The Australian Customs Service used the criminal offence provisions in the EPBC Act to prosecute individuals with offences relating to the illegal import and export of wildlife. The penalties for wildlife offences include fines and imprisonment.

Activities in protected areas (Part 15)

Twelve rangers and two wardens were appointed in 2006–07. Six people were prosecuted for taking squid in Booderee National Park in excess of the recreational limitof10.Fourprosecutionsinvolvedtakingmigratoryspecies(red-footedboobies and frigatebirds) in the Territory of Cocos (Keeling) Islands contrary to the provisions of Part 13 of the Act. One person was convicted of seven offences in relation to commercial crabbing at Field Island, Kakadu National Park.

The department successfully made a civil penalty application against the skipper of a commercial fishing vessel for illegal fishing in the Mermaid Reef Marine National Nature Reserve. A pecuniary penalty of more than $50,000 was imposed by the Federal Court.

In the amendments to the EPBC Act a new criminal penalty provision was created to broaden the range of regulatory options for deliberate commercial incursions into Commonwealth marine protected areas.

Review of decisions

High Court and Federal Court

The Wilderness Society and Investors for the Future of Tasmania challenged the validity of the delegate’s decision regarding assessment of a referral submitted by Gunns Ltd of a proposal to construct and operate a kraft pulp mill in the Tamar Valley in Tasmania. This followed withdrawal of a previous referral which was to be assessed by the Tasmanian Resource Planning and Development Commission as part of an integrated impact assessment process. This matter is set down for hearing commencing 3 July 2007.

Anvil Hill Project Watch Association sought review of the minister’s decision that the Anvil Hill coal project is not a controlled action. This matter is scheduled to be heard in August 2007.

Mr Lansen and others applied for review of the 13 February 2007 decision to approve with conditions the McArthur River mining proposal under the EPBC Act. The applicants are the registered native title claimants in the land affected by the mining proposal.

The Humane Society International applied for an injunction under the EPBC Act to restrain a Japanese company from conducting whaling activities in the Exclusive Economic Zone adjacent to the Australian Antarctic Territory. On 14 July 2006 the Full Federal Court upheld an appeal to allow Humane Society International to serve the application on Kyodo Senpaku in Japan, and to seek an injunction from the Federal Court. On 2 February 2007 the court made orders regarding the mode by which service of the originating process was to be effected. This matter was listed for further directions on 24 July 2007.

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Senator Bob Brown applied for an injunction to restrain forestry operations by Forestry Tasmania in the Wielangta area on the basis that the operations contravene the EPBC Act. The Commonwealth was given leave to intervene to argue points related to the operation of the EPBC Act and the Tasmanian Regional Forest Agreement. The Federal Court held that the operations had a significant impact on threatened species and were not in accordance with the Tasmanian Regional Forest Agreement, and granted an injunction restraining Forestry Tasmania from conducting the operations without an approval under the EPBC Act. Forestry Tasmania appealed the decision to the Full Federal Court. The Commonwealth sought to be joined as a respondent to the appeal but the Court has instead allowed the Commonwealth the status of an intervener only. The appeal will be heard in the Full Court in Hobart in August 2007.

In 2005–06 applications for judicial review under the Administrative Decisions (Judicial Review) Act 1977 were made in relation to the Bald Hills Wind Farm proposal. In particular, the Victorian Minister for Planning and Bald Hills Wind Farm Pty Ltd sought review of the minister’s decision not to approve the wind farm proposal. On 4 August 2006 the minister and Bald Hills Wind Farm Pty Ltd agreed to settle the court case and for the minister to remake the approvals decision.

Administrative Appeals Tribunal

On 10 November 2006 the tribunal decided to uphold the minister’s decision of 30 November 2005 to approve two wallaby management plans in Tasmania (for harvesting wallabies on King and Flinders islands) as approved wildlife trade management plans with the proviso that the management plans be amended to require the Tasmanian Government to gather and record information on the sex and estimated age of the harvested animals.

On 27 February 2007 the Wildlife Protection Association of Australia lodged an appeal against the minister’s decision to approve the New South Wales kangaroo management plan. At the time of writing, the matter was yet to be listed for hearing.

Humane Society International sought review of the minister’s decision to declare the Southern and Eastern Scalefish and Shark Fishery an approved wildlife trade operation under section 303FN of the EPBC Act. A hearing date on this matter had not been set as at 30 June 2007.

Nature Conservation Council of NSW Inc sought a review of the minister’s decision of 27 July 2006 to declare the harvesting of specimens taken in the New South Wales Ocean Trap and Line Fishery to be an approved wildlife trade operation under section 303FN of the EPBC Act. A decision on this matter was still to be handed down as at 30 June 2007.

Freedom of information

Thirty-threerequestsundertheFreedom of Information Act 1982 were processed by the department during 2006–07. Eight of these requests related to EPBC Act decision-makingprocesses.



5. Reporting

State of the Environment report

The EPBC Act requires that a report on Australia’s environment be prepared every five years. The third State of the Environment report was published in December 2006.

Section 516A report

Section 516A of the EPBC Act requires Australian Government organisations to include in their annual reports a section detailing their environmental performance and the organisation’s contribution to ecologically sustainable development.

The department’s report under section 516A is in the first volume of this set of annual reports.

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Appendix 1—Statistics on the operation of the EPBC Act in 2006–07

Table 1: Overview of referrals, assessments and approvals

Referrals 2006–07 Total 1

Total referrals received 347 2,278

referrals being processed at 1 July 2006 36 n/a

referrals withdrawn or lapsed before decision 8 45

action clearly unacceptable 0 0

referral decisions made (after reconsideration) 336 2,194

approval required—controlled action 73 495

approval not required—action to be taken in a particular manner 75 358

approval not required—no conditions on action 188 1,341

referrals being processed at 30 June 2007 39 39

Controlled actions

Total controlled actions (after reconsideration) 73 495

Assessments/recommendation reports completed 39 224

under bilateral agreements 12 26

preliminary documentation 20 142

public environment report 2 8

environmental impact statement 2 15

referral information 0 0

public inquiry 0 0

accredited assessment 3 33

Approval decisions

Total approval decisions 45 196

approved with no conditions 0 10

approved with conditions 44 182

approval not granted 1 4

1 since the commencement of the epBC act in July 2000.



Table 2: Referrals, referral decisions and reconsideration of decisions

Referrals

referrals being processed at 1 July 2006 36

referrals received 2006–07 347

Deemed referrals 0

referrals withdrawn or lapsed before decision 81

referral decisions made (initial decisions, before reconsideration) 336

approval required—controlled action 74

approval not required—action to be taken in a particular manner 74

approval not required—no conditions on action 188

referrals being processed at 30 June 2007 39

Reconsideration of decisions

reconsideration decisions being processed at 1 July 2006 0

reconsideration requests received 2006–07 7

reconsideration decisions made 7

no change in decision 3

Controlled action decision changed to not controlled action 0

Controlled action decision changed to action to be taken in a particular manner 3

not controlled action decision changed to action to be taken in a particular manner 0

particular manner decision changed to new manner 1

Controlled action decision changed to revised controlling provisions 0

not controlled action decision changed to controlled action 0

particular manner decision changed to not controlled action 0

particular manner decision changed to controlled action 0

reconsiderations pending at 30 June 2007 0

1 this number was wrongly reported in 2005–06. the correct number was 7 not 47.

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Table 3: Referrals and referral decisions made by jurisdiction1

Referrals received

in 2006–07

Decisions made in 2006–07

Total decisions

Approval required

Approval not required

CA 2 PM 3 NCA 4

antarctica 1 0 2 2

Christmas island 4 0 1 3 4

Cocos (Keeling) islands 1 0 0 2 2

Commonwealth marine areas 19 1 10 7 18

norfolk island 5 0 1 2 3

aCt 9 1 6 7

nsW 49 18 9 19 46

nt 15 5 2 9 16

Qld 92 26 11 53 90

sa 24 3 1 15 19

tas 15 2 1 13 16

Vic 60 5 20 41 66

Wa 53 14 15 18 47

Total 347 74 74 188 336

1 the counts of referrals received and of decisions made relate to events occurring in 2006–07 before reconsideration. However some decisions made in 2006–07 may relate to referrals received in earlier years.2 Ca = controlled action.3 pM = particular manner. refers to decisions made by the minister under section 77(3) that an action is not a controlled action if taken in a particular manner.4 nCa = not a controlled action.



Table 4: Referrals and referral decisions by activity category 1

Referrals received

in 2006–07

Decisions made in 2006–07

Total decisions

Approval required

Approval not required

CA 2 PM 3 NCA 4

agriculture and forestry 3 0 0 4 4

aquaculture 3 0 0 3 3

Commercial development 23 7 4 11 22

Commonwealth 6 0 0 5 5

energy generation and supply (non-renewable)

17 5 3 11 19

energy generation and supply (renewable)

9 0 0 12 12

exploration (mineral, oil and gas—marine) 31 0 21 7 28

exploration (mineral, oil and gas— non-marine)

1 0 0 1 1

Manufacturing 3 1 0 3 4

Mining 46 15 3 29 47

natural resources management 11 3 4 4 11

residential development 66 24 14 23 61

science and research 9 0 2 7 9

telecommunications 3 1 1 2 4

tourism and recreation 29 5 8 16 29

transport—land 28 2 4 17 23

transport—water 9 2 2 3 7

Waste management (non-sewerage) 3 0 1 2 3

Waste management (sewerage) 9 0 2 10 12

Water management and use 38 9 5 18 32

Total 347 74 74 188 336

1 the counts of referrals received and of decisions made relate to events occurring in 2006–07 before reconsideration. However some decisions made in 2006–07 may relate to referrals received in earlier years.

2 Ca = controlled action.3 pM = particular manner. refers to decisions made by the minister under section 77(3) that an action is not a controlled

action if taken in a particular manner.4 nCa = not a controlled action.

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Table 5: Number of matters protected by the EPBC Act for which adverse impacts have been addressed 1

Matter protected Nominal controlled

action 2

Controlled action

Division 1 Matters of national environmental significance

section 12 World heritage values of a world heritage listed property

7 12

section 15B national heritage values of a national heritage listed place

1 0

section 16 ecological character of a declared ramsar wetland 9 17

section 18 Listed threatened species or ecological community 64 65

section 20 Listed migratory species 35 23

section 21 nuclear activities with a significant impact on the environment

0 1

section 23 Commonwealth marine environment 23 5

Division 2 Proposals involving the Commonwealth

section 26 Commonwealth land 6 3

section 27B activities involving Commonwealth heritage listed places overseas

0 0

section 28 Commonwealth or Commonwealth agency activity 4 1

Total 149 127

1 numbers of matters protected are after reconsideration of decisions.2 arising from decisions made by the minister under section 77(3) that an action is not a controlled action if taken in a

particular manner.



Table 6: Decisions on assessment approach and assessments by type of assessment

Level of assessment decided in 2006–07

Assessments completed in 2006–07

Recommendation reports

completed in 2006–07

Assessments in progress at 30 June

2007

Recommendation reports in

progress at 30 June 2007

Commonwealth assessments

preliminary documentation

44 19 1 29 4

referral information 1 0 0 1 0

public environment report

6 2 0 11 0

environmental impact statement

1 2 0 5 0

public inquiry 0 0 not applicable 0 not applicable

State/territory assessments

Bilateral agreement 26 12 not applicable 39 not applicable

accredited assessment 1 3 not applicable 25 not applicable

Total 79 38 1 110 4

Table 7: Approvals

Type of approval Number of approvals

approved with no conditions 0

approved with conditions 44

approval not granted 1

Total decisions 45

awaiting approval at 30 June 2007 6

awaiting section 130(1B) notice from state/territory1 13

awaiting further information from proponent 2 4

1 applies to the approval process in operation prior to the February 2007 amendments to the epBC act. the amended section 130(1B) no longer requires these notices. the new section 132a allows the minister to request notices from appropriate state/territory ministers about certain actions.

2 Where the minister believes, on reasonable grounds, that he or she does not have enough information to make an informed decision to approve an action, the minister may request further information under section 132. in these cases the approval process statutory timeframe is stopped until all of the information requested is received (section 130(5)).

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Table 8: Advice requested and provided under section 160

Authorisation provision Requests for advice

Advice not required

Assessment completed

Advice provided

airspace management 0 0 0 0

great Barrier reef Marine park authority permit/authority

0 0 0 0

airport major development plan 11 3 5 7

sea dumping permit 0 0 0 0

Total 11 3 5 7

Approvals granted 2006–07

Arafura Resources NL—Open cut gold mine, Pine Creek, NT

Aztec Resources Ltd—Iron ore mine, Kimberley region, WA

Baillie Lodges—Southern Ocean Lodge, Hanson Bay, Kangaroo Island, SA

Boyd Cook Cove—Cooks Cove development project, Cooks Cove, NSW

Callide Coalfields Pty Ltd—Coal mining lease 6993 (The Bluff), Biloela, Qld

Cape View Developments WA Pty Ltd—Cape View Resort at Lot 190 Little Colin Street, Busselton, WA

Cardwell Shire Council—Construction of breakwaters, Port Hinchinbrook Resort and Boat Harbour, Oyster Point, Qld

Cedar Woods Properties Ltd—Laverton activity centre and residential development, Laverton, Vic

Cooloola Shire Council—Construction of new landfill, Cooloola, Qld

CSR Ltd—Industrial development on Lot 141 DP843899 and Lot 5 DP1094504, Erskine Park Employment Area, Erskine Park, NSW

DBNGP (WA) Nominees Pty Ltd—Natural gas pipeline expansion, Dampier to Bunbury, WA

Department of Defence—Operation of 17 Tiger helicopters at Robertson Barracks, Darwin, NT

Department of Defence—Sale of Commonwealth land, Maribyrnong, Vic

Emirates Hotels Australia—Emirates tourist resort and associated facilities, Wolgan Valley, NSW

Ensham Resources P—Expansion of Ensham mine, Emerald, Qld

FKP Commercial Developments Pty Ltd—Industrial estate Cooper Road, Cambellfield, Vic

Forrester Residential Developments—Coolum Ridges subdivision and development, southern, Peregian Beach, Qld

Fortescue Metals Group Ltd—Cloud Break open pit iron ore mine, Pilbara, WA

Fraser Panarama Pty Ltd—Residential subdivision, Lot 2 on RP171875, Samarai Drive, Hervey Bay, Qld

Gunson Resources Ltd—Coburn mineral sand project, Shark Bay, WA

HEZ Pty Ltd—Development of the Hunter Economic Zone Industrial Estate, Hunter Valley, NSW

KinsmenLtd—Meningiecanal-basedhousingdevelopment,Meningie,SA

Main Roads Western Australia—Construction of new Perth–Bunbury Highway project, Bunbury to Perth, WA



Matilda Minerals Ltd—Andranangoo Creek and Lethbridge Bay mineral sand mining, Tiwi Islands, NT

MIM Holdings Ltd—McArthur River mine expansion, McArthur River, NT

Mr Louis Campagnolo—Vegetation clearing, Kurrimine Beach, Qld

NCA Joint Venture—Wollombi open cut coal mine (Suttor Creek ML4761 Extension), near Glenden, Qld

New Acland Coal Pty Ltd—New Acland mine expansion, Darling Downs, Qld

Newcastle Port Corporation—Hunter River south arm dredging, Newcastle, NSW

Newnes Kaolin Pty Ltd—Newnes Kaolin friable sandstone mine project, Newnes Junction, NSW

Northern Territory Department of Planning and Infrastructure—Victoria Highway upgrade, Victoria River, NT

Oxiana Ltd—Prominent Hill copper–gold project, Prominent Hill, SA

Penola Pulp Pty Ltd—Pulp mill and associated infrastructure near Penola, SA

Queensland Department of Main Roads—Kuranda Range Road (Kennedy Highway) Upgrade, Kuranda, Qld

Queensland Parks and Wildlife—Gold Coast Hinterland Great Walk, Lamington National Park, Qld

SouthernRegionalWaterPipelineCompany—SouthernRegionalWaterpipeline,south-east,Qld

Stockland Developments Pty Ltd—Residential development on a 929 hectare site located adjacent to the Bohle River and Bruce Highway, Bohle, Qld

Telstra Corporation Ltd—Telstra optic fibre cable installation, Jabiru–Rikurdji, NT

Territory Iron Ltd—Frances Creek iron ore mine, Frances Creek, NT

Watsons Pty Ltd—Wyndham Cove marina and residential development, Werribee South, Vic

Westfield Management Ltd—Development of Plenty Valley Town Centre, South Morang, VIC

Wind Power Pty Ltd—Bald Hills Wind Farm 80 turbines, Bald Hills, Tarwin Lower to Cape Liptrap Road, Vic

Woodside Energy Ltd—Site preparations, Burrup Peninsula, WA

Worsley Alumina Pty Ltd—Efficiency and growth increase of alumina production, Darling Plateau, WA

Approvals not granted 2006–07

Phosphate Resources Ltd—East Christmas Island phosphate mines (9 sites), Christmas Island

Awaiting approval 30 June 2007

Australian Pipeline Trust Group—275 kilometre gas pipeline from Wadeye to existing Darwin gas pipeline, Wadeye to Amadeus Basin, NT

Barry Humfrey—Development of land based tourist facilities on Long Island, Houtman Abrolhos Islands, WA

Humfrey Land Development—Tourism facility and associated infrastructure, Houtman Abrolhos Islands, WA

Luddenham Management Pty Ltd—Twin Creeks Estate stage 4, 26 rural residential allotments, Luddenham, NSW

Meridien Marinas Horizon Shores—Horizon Shores marina redevelopment, Steiglitz, Qld

Stockland Developments Pty Ltd—Residential subdivision and town centre development, Vincentia, Jervis Bay, NSW

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Assessments completed 2006–07

Assessed by preliminary documentationAztec Resources Ltd—Iron ore mine, Kimberley Region, WA

Boyd Cook Cove—Cooks Cove development project, Cooks Cove, NSW

Callide Coalfields Pty Ltd—Coal mining lease 6993 (The Bluff), Biloela, Qld

Cape View Developments WA Pty Ltd—Cape View Resort at Lot 190 Little Colin Street, Busselton, WA

Cardwell Shire Council—Construction of breakwaters, Port Hinchinbrook Resort and Boat Harbour, Oyster Point, Qld

Cedar Woods Properties Ltd—Laverton activity centre and residential development, Laverton, Vic

CSR Ltd—Industrial development on Lot 141 DP843899 and Lot 5 DP1094504, Erskine Park Employment Area, Erskine Park, NSW

DBNGP (WA) Nominees Pty Ltd—Natural gas pipeline expansion, Dampier to Bunbury, WA

Department of Defence—Operation of 17 Tiger helicopters at Robertson Barracks, Darwin, NT

Department of Defence—Sale of Commonwealth land, Maribyrnong, Vic

KinsmenLtd—Meningiecanal-basedhousingdevelopment,Meningie,SA

Main Roads Western Australia—Construction of new Perth–Bunbury Highway project, Bunbury to Perth, WA

Meridien Marinas Horizon Shores—Horizon Shores marina redevelopment, Steiglitz, Qld

Mr Louis Campagnolo—Vegetation clearing, Kurrimine Beach, Qld

Penola Pulp Pty Ltd—Pulp mill and associated infrastructure near Penola, SA

Queensland Department of Main Roads—Toowoomba bypass highway corridor, Toowoomba, Qld

Stockland Developments Pty Ltd—Residential subdivision and town centre development, Vincentia, Jervis Bay, NSW

Telstra Corporation Ltd—Telstra optic fibre cable installation, Jabiru–Rikurdji, NT

Westfield Management Ltd—Development of Plenty Valley town centre, Vic

Assessed by environmental impact statementChevronTexaco Australia—Gorgon gas development, Gorgon, WA

Phosphate Resources Ltd—East Christmas Island phosphate mines (9 sites), Christmas Island

Assessed by public environment reportEmirates Hotels Australia—Emirates tourist resort and associated facilities, Wolgan Valley, NSW

HEZ Pty Ltd—Development of the Hunter Economic Zone Industrial Estate, Hunter Valley, NSW

Assessed through an accredited processAustralian Rail Track Corporation—South Sydney freight rail line, Sefton Park to Macarthur, NSW

Baillie Lodges—Southern Ocean Lodge, Hanson Bay, Kangaroo Island, SA

Oxiana Ltd—Prominent Hill copper–gold project, Prominent Hill, SA

Assessed under a bilateral agreementArafura Resources NL—Open cut gold mine, Pine Creek, NT

Australian Pipeline Trust Group—275 kilometre gas pipeline from Wadeye to existing Darwin gas pipeline, Wadeye to Amadeus Basin, NT



Barry Humfrey—Development of land based tourist facilities on Long Island, Houtman Abrolhos Islands, WA

Department of Tourism, Parks, Heritage and the Arts—Centralised sewage scheme, Cradle Valley, Tas

Ensham Resources P—Expansion of Ensham mine, Emerald, Qld

Humfrey Land Development—Tourism facility and associated infrastructure, Houtman Abrolhos Islands, WA

NCA Joint Venture—Wollombi open cut coal mine (Suttor Creek ML4761 extension), near Glenden, Qld

New Acland Coal Pty Ltd—New Acland mine expansion, Darling Downs, Qld

Northern Territory Department of Planning and Infrastructure—Victoria Highway upgrade, Victoria River, NT

SouthernRegionalWaterPipelineCompany—SouthernRegionalWaterpipeline,south-east,Qld

Territory Iron Ltd—Frances Creek iron ore mine, Frances Creek, NT

Woodside Energy Ltd—Site preparations, Burrup Peninsula, WA

Assessments in progress at 30 June 2007

Assessments by preliminary documentationAcroPlan—Subdivision of portion of Lot 46, North Rothbury, NSW

ATA Environmental—Residential development at Shenton Park, Shenton Park in the City of Nedlands, WA

Bayeux Investments Pty Ltd—Construction of a dam, adjacent to Mount Cone, SA

Broadcast Australia Pty Ltd—Management and control of serrated tussock, Delahey, Vic

Bunbury Cathedral Grammar School—Construction of new sporting field, Gelorup, WA

Burtonia Pty Ltd and Carine Nominees—Peel’s Retreat Estate residential development, Mandurah, WA

CabWater, Caboolture Shire Council—Groundwater extraction and treatment to supply to Bribie Island, Bribie Island, Qld

Content Living Pty Ltd—Residential development, Lot 3 and 4 Dorsett Street, West Busselton, WA

Everett Family Trust—Residential development and resort, Mount Separation Road, Bemerside, Qld

Flashpast Pty Ltd—Residential development Lots 8 and 9 King Street, West Busselton, WA

Folkestone Ltd—Industrial subdivision, 720–808 Kororoit Creek Road, Altona, Vic

Gunns Ltd—Kraft pulp mill and ancillary chemical production and infrastructure, Bells Bay, Tas

J&G Rover Holdings Pty Ltd—Country living residential development, Paringa, SA

JAG Marine Group Pty Ltd—Expansion of Bowen Marina, Lot 310 on SP143899, Bowen, Qld

Leopold Property Developments Pty Ltd—Residential estate, 251–319 Melaluka Road, Leopold, Vic

Mary Donald Nominees Pty Ltd—Residential/industrial subdivision, Lot 18 Vasse Highway, Shire of Busselton,Yalyalup,WA

MoolarbenCoalMinesPtyLtd—Moolarbencoalmineproject,Ulannorth-eastofMudgee,NSW

Nobbys Lighthouse Pty Ltd—Nobbys Lighthouse redevelopment, Newcastle, NSW

Nonda Street Pty Ltd—Residential estate, Lot 97 Nonda Street, Mission Beach, Qld

Norman Properties Pty Ltd—Rural residential subdivision, Lot 1 RP728479, Douglas Track, Speewah, Qld

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NSW Roads and Traffic Authority—Hume Highway upgrade, Mullengandra to Tarcutta, NSW

Pine Water—Redevelopment of waste water treatment plant, Murrumba Downs, Qld

Queensland Transport—Townsville port access project (road and rail), Townsville, Qld

R & E Developments Pty Ltd—Residential development, Wongalin Beach, Qld

R and E Plapp—Tourist–residential development off Jackey Jackey Street, South Mission Beach, Qld

ROCLA Ltd—Kurnell sand extraction and backfilling proposal, Kurnell Peninsula, NSW

Watermark Enterprises—Subdivision Lot 1 Dawesville Road, Dawesville, WA

Westerly Projects Pty Ltd—Residential subdivision of Lot 12 on SP105732, Bentley Park, Qld

YourResortHomePtyLtd—Lillipondsresidentialresortestate,TullyMissionBeachRoad,MissionBeach, Qld

Assessments by environmental impact statementAGLPetronasConsortium—PapuaNewGuinea–QueenslandgaspipelineGoveLateral,CapeYorkPeninsula Queensland to Gove NT, Commonwealth marine

InpexBrowseLtd—DevelopIchthysgas-condensatefieldpermitareaWA-285-PR1WANorth-WestShelf, Browse Basin, WA

Shell Development (Australia) Pty Ltd—Floating liquefied natural gas facility, Timor Sea, Commonwealth marine

TransGrid—Electricitytransmissionline,Buronga(south-westNSW)toRobertson(mid-northSA),NSW

WMC (Olympic Dam Corporation) Pty Ltd—Expansion of the Olympic Dam copper, uranium, gold and silver mine, processing plant and associated infrastructure, Olympic Dam, SA

Assessments by public environment reportApacheEnergyLtd—VanGoghpetroleumfielddevelopment,Exmouthsub-basin,Commonwealth marine

Cairns City Council—Groundwater extracted from Mulgrave River aquifer, bore field and associated infrastructure, Aloomba, Qld

Cultus Timor Sea Pty Ltd—Audacious oil field standalone development, Timor Sea, Commonwealth marine

GFB Developments Pty Ltd—Expansion of fish farm activities, Saltwater Creek, Qld

Heathgate Resources Pty Ltd—Beverley uranium mine extension, Beverley, SA

Mr K Williams and Cardwell Properties Pty Ltd—Port Hinchinbrook Resort stage II, Cardwell, Qld

PGP Developments Pty Ltd—Whitsunday Shores Estate residential subdivision, golf course, facilities and infrastructure, Bowen, Qld

Shoalhaven City Council—Rezoning of land and associated public works to facilitate residential development, Worrowing Heights (Heritage Estates), NSW

UP NCI Property Management Pty Ltd—Tourist resort and subdivision development, North Curtis Island, Qld

Waterman Agriculture Pty Ltd—Irrigated cotton development expansion, Pillicawarrina, Macquarie Marshes, NSW

WoodsideEnergyLtd—PlutogasprojectincludingsiteB,BurrupPeninsula–North-WestShelf,WA

Assessments through an accredited processAstron Ltd—Donald mineral sands project, western Vic

Austeel Pty Ltd—Steel mill, Newcastle, NSW



Barro Group—Extension of Mountain View basalt quarry by 490 hectares (stage 2), Port Wilson, Vic

Brisbane Airport Corporation Pty Ltd—Brisbane Airport new parallel runway project, Brisbane Airport, Qld

Burnett Water Pty Ltd—Walla Weir raising of dam, Bundaberg, Qld

City of Cockburn—Extension of Beeliar Drive between the junction of Mayor and Fawcett Roads and Cockburn Road, City of Cockburn, WA

Compass Resources NL—Polymetallic project lead, copper, nickel, cobalt and silver, Rum Jungle/Browns, Browns East, NT

Iluka Resources Ltd—Mineral sands mining, Woornack, Rownack, Rainlover, Pirro and Kulwin, Ouyen, Vic

Lake Wellington Estates—Wellington Waters canal estate, Wellington Lakes, Vic

LGChemLtd—Constructionofachlor-alkali/ethylenedi-chloride(CA/EDC)plant,GladstoneState Development Area, Landing Road, Gladstone, Qld

Lonsdale Golf Club Inc—Lonsdale Golf Club redevelopment, Point Lonsdale, Vic

Michael Jolly and Classpoint Pty Ltd—Waterfront residential estate development (Narnu Waterways), Hindmarsh Island, SA

Mineralogy Pty Ltd—Binowee iron ore project, Cape Preston, WA

Orange City Council—Resource reprocessing facility, near Molong, NSW

Pacific Reef Fisheries (Bowen) Pty Ltd—Proposed Guthalungra aquaculture facility, Guthalungra, Qld

PF Formation—Sand extraction, Maroota, NSW

Port of Melbourne Corporation—Port Phillip Bay channel deepening, Port Phillip Bay, Vic

RMI Pty Ltd—Irrigated intensive crop production, Goondiwindi, NSW

Roads and Traffic Authority, NSW—Great Western Highway upgrade, section 1A, Lawson, NSW

Roads and Traffic Authority, NSW—Pacific Highway, Bulahdelah upgrade, Bulahdelah, NSW

Selwyn Mines Ltd—The Selwyn copper–gold project, Mount Isa–Carpentaria, Qld

Shute Harbour Management Pty Ltd—Construction of marina facility, Shutehaven, Qld

Stockland Development Pty Ltd—Residential and golf course development project, Point Lonsdale, Vic

Tarong Energy Corporation Ltd—Glen Wilga open cut coal mine, Surat Basin, Qld

Wind Power Pty Ltd—Wind turbines, Swan Bay, Vic

Assessments under a bilateral agreementAGL Petronas Consortium—Ballera lateral gas pipeline, Qld

Albany Port Authority— Albany Port Authority dredging project, Port Albany, WA

BEMAX Cable Sands (WA) Pty Ltd—Mining of titanium mineral sands in Happy Valley north and south, on private land and state forest, Happy Valley, WA

BHP Billiton Mitsubishi Alliance—Norwich Park coal mine, development of east pit, Norwich Park Mine, Qld

BM Alliance Coal Operations Pty Ltd—Goonyella riverside coal mine expansion, Bowen Basin, Qld

Cadia Holdings Pty Ltd—Cadia East project, extension of copper–gold mine within mining lease 1405, Cadia Valley near Orange, NSW

Cape Bouvard Investments Pty Ltd—Rural subdivision of a 975.2 hectare property, Mandurah, WA

CBH Sulphur Springs Pty Ltd—Panorama copper–zinc mine, Pilbara, WA

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Central Queensland Ports Authority and Queensland Rail—Wiggins Island coal terminal, Port of Gladstone, Qld

City Pacific Ltd—Townsville ocean terminal, Townsville, Qld

DallisParkResidents’Association—Relocationofgrey-headedflying-foxesfromDallisPark,Murwillumbah, NSW

Daracon Quarries—Ardglen Quarry extension, Murrundi, NSW

Darwin Clean Fuels Pty Ltd—Condensate processing facility, East Arm, Darwin Business Park, NT

East Wing Corporation Pty Ltd—Hummock Hill Island development, Hummock Hill Island, Qld

Enertrade—Install and operate gas pipeline, Moranbah–Gladstone, Qld

Gladstone Pacific Nickel—HPAL nickel plant, Gladstone, Qld

Gold Coast City Council—Hinze Dam upgrade, Nerang, Qld

Grange Resources Ltd—Open cut ore mine and 110 kilometres of pipeline, Wellstead, WA

Iluka Resources Ltd—Tutunup South mineral sands project, Busselton, WA

Karara Management Services Pty Ltd—Karara magnetite project, Shire of Morawa, WA

Kemerton Silica Sand Pty Ltd—Silica sand mine expansion, Kemerton, WA

Moly Metals Australia Pty Ltd—Spinifex Ridge molybdenum project, near Marble Bar, WA

Mount Gibson Mining Ltd—Open cut mine and associated infrastructure, Mount Gibson, WA

New Acland Coal Pty Ltd—Stage 3 expansion of New Acland coal mine, Darling Downs, Qld

Northeast Business Park—Northeast Business Park, Caboolture, Morayfield, Qld

Olympia Resources Ltd—Mineral sands mine, Keysbrook, WA

P3 Prestige Property Partnership—Ella Bay residential and tourism development, Ella Bay, Qld

Pacific Hydro Ltd—White Rock Ridge Wind Farm, Robbins Island, Tas

Queensland Water Infrastructure Pty Ltd—Traveston Crossing Dam, Mary River, Qld

Queensland Water Infrastructure Pty Ltd—Wyaralong Dam, Teviot Brook near Boonah, Qld

Rosecorp Ltd—Residential subdivision, Catherine Hill Bay and Gwandalan, NSW

Shute Harbour Marina Development Pty Ltd—Construction of marina facility, Shute Bay, Qld

Southern Regional Water Pipeline Company Pty Ltd—Borefield and new pipeline, North Stradbroke Island water treatment plant, North Stradbroke Island, Qld

Stanthorpe Shire Council—Construction of a dam at Emu Swamp, Stanthorpe, Qld

StraitsSaltPtyLtd—Yannariesolarsaltproject,ExmouthGulf,WA

SunWater—Water for Bowen project, Clare Weir, Bowen, Qld

Walker Corporation—Lauderdale Quay waterfront housing and marina development, Ralphs Bay, Tas

WoodsideEnergyLtdandAlcanGovePtyLtd—Trans-territorygaspipeline,WadeyetoGove(Galupa), NT

ZeroGen Pty Ltd—Construct and operate a coal gasification plant and carbon dioxide capture and storage, Stanwell Energy Park, Qld



Recommendation reports completed 2006–07

Assessed by preliminary documentationFraser Panarama Pty Ltd— Residential subdivision, Lot 2 on RP171875, Samarai Drive, Hervey Bay, QLD

Recommendation reports in progress at 30 June 2007

Joan Busby—Dawson Beach Estate stage 2, Busselton, WA

Mr T and Mrs G Masella—Construction of residential dwelling, Ozone Terrace, Kalamunda, WA

TransGrid—High voltage electricity transmission line, Wollar to Wellington, NSW

VicUrban—Riverwalk project residential development, Werribee, Vic

Table 9: Processing of nominations and changes to the lists of threatened species, ecological communities and key threatening processes

SpeciesEcological

communities

Key threatening

processes

new public nominations received under the epBC act 22 4 4

nominations on which the threatened species scientific Committee has provided advice to the minister

20 2 0

threatened species scientific Committee advice to the minister carried over from 2005-06

1 2 0

Ministerial decisions made on threatened species scientific Committee advice

90 1 2 0

number uplisted, downlisted, new, delisted, rejected 42, 6, 10, 29, 3 0, 0, 2, 0, 0 0

number of amendments to the list 87 2 2 0

total number of listings as at 30 June 2007 1697 38 17

number of public nominations where an extension to the 12-month timeframe was required

16 28 4

number of ministerial decisions made on threatened species scientific Committee advice where the minister’s 90-day deadline was met

Yes no Yes no Yes no

14 7 0 2 0 0

1 this number includes public nominations and species brought to the minister’s attention via the australian government’s species information partnerships with Wa, nt and sa, plus other consultancies.

2 this number represents all ministerial decisions made on the threatened species scientific Committee’s advice minus three species that were found not to be eligible for listing.

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Table 10: Species and ecological communities covered by recovery plans (at 30 June 2007)

Species Ecological communities

Total

Vulnerable Endangered Critically endangered

Extinct in the wild

Vulnerable Endangered Critically endangered

total number of listed entities1

861 639 90 1 1 28 7 1,627

number covered by plans in preparation

174 196 30 0 1 9 4 414

number covered by plans in place 2

137 215 42 1 0 15 0 410

percentage covered by plans in place or in preparation

36% 64% 80% 100% 100% 86% 57% 51%

1 this figure does not include listings in the categories of ‘extinct’ or ‘conservation dependent’.2 this figure includes revised recovery plans currently in preparation.

Table 11: Number of recovery plans in preparation and in place (at 30 June 2007)

Single species Multi-species Ecological communities

Multi-regional Total

number of plans in place

266 27 15 0 308

number of plans in preparation

234 38 111 6 289

number of plans made or adopted in 2006–07

60 6 0 0 66

1 this figure includes the revision of eight adopted recovery plans.



Table 12: Cetacean permits—applications received, decisions made on assessment approach and permits granted 2006–07

Sub-section of EPBC Act

Applications received

Decision made on assessment

approach

Permits granted

Conditions varied or revoked

Suspended or cancelled

238 (3) (a) 3 1 1 0 0

238 (3) (b) 3 1 0 0 0

238 (3) (c) 0 0 0 0 0

238 (3) (d) 0 0 0 0 0

238 (3) (e) 0 0 0 0 0

Total 6 2 1 0 0

Table 13: Assessments of Commonwealth and state managed fisheries completed 2006–07

State/Commonwealth Fishery Decision date

Commonwealth southern and eastern scalefish and shark Fishery 21 December 2006

Commonwealth Heard island and McDonald islands Fishery 9 May 2007

new south Wales Lobster Fishery 28 March 2007

Queensland Developmental Jellyfish Fishery 14 June 2006 (gazetted 6 september 2006)

Queensland spanner Crab Fishery 29 January 2007

south australia giant Crab Fishery 12 March 2007

tasmania giant Crab Fishery 14 July 2006

tasmania octopus Fishery 7 august 2006

tasmania rock Lobster Fishery 29 January 2007

tasmania abalone Fishery 31 January 2007

tasmania native oyster Fishery 7 May 2007

Victoria syngnathid Fishery (pQ aquatics) 14 December 2006

Victoria giant Crab Fishery 12 March 2007

Victoria Jellyfish Fishery 10 april 2007

Western australia West Coast Deep sea Crab interim Managed Fishery 12 March 2007

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Appendix 2—EPBC Act related publications in 2006–07

EPBC Act Policy Statement 3.7

Peppermint Box (Eucalyptus odorata) Grassy Woodland of South Australia and Irongrass Natural Temperate Grassland of South Australia

Booklets

Get the Facts on Hoodia

Keeping it Legal – Exotic Birdkeeping in Australia

National Tree Fern Harvesting Guidelines

National Grasstree Harvesting Guidelines

Newsletter

Communities for Communities issues 4–6. Online

Management plan

Kakadu National Park Management Plan 2007–2014

Report

Australian Heritage Council Periodic Report: March 2004–February 2007

Fact sheets

Australian Government and Western Australian Government Species Information Partnership

Australian Government–Northern Territory Government Species Information Partnership

Australian Government–South Australian Government Species Information Partnership

Caviar

Crocodiles

Elephants

Household Pets

Hunting Trophies

Kangaroos

Listing Threatened Species, Ecological Communities and Key Threatening Processes

Butterflies

Permits

What is CITES?

All Heritage Division fact sheets were updated due to changes to the EPBC Act.



Appendix 3—Functions and membership of advisory committees established under the EPBC Act

Threatened Species Scientific Committee

Under section 503 of the EPBC Act, the functions of the Threatened Species Scientific Committee are:

• toadvisetheministerinaccordancewithDivision5ofPart13inrelationtorecovery plans, threat abatement plans and approved conservation advice

• toadvisetheminister(ontheminister'srequestoronthecommittee'sinitiative) on the amendment and updating of the lists established under Part 13

• toadvisetheminister,attheminister’srequest,onmattersrelatingtotheadministration of this Act

• togivetheministersuchotheradviceasisprovidedforinthisAct• toperformsuchotherfunctionsasareconferredonthecommitteebythisAct.

Table 14: Membership of the Threatened Species Scientific Committee as at 30 June 2007

Associate Professor Robert Beeton (Chair) Dr Bill Humphreys

Associate Professor Peter Harrison Dr Tony Lewis

Mr Guy Fitzhardinge Dr Andrea Taylor

Professor Gordon Grigg Dr Rosemary Purdie

Professor Graham Harris Dr John Woinarski

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Biological Diversity Advisory Committee

Under section 505 of the EPBC Act, the functions of the Biological Diversity Advisory Committee are:

• toadvisetheminister,athis/herrequest,onmattersrelatingtotheconservation and ecologically sustainable use of biological diversity

• toperformsuchotherfunctionsasareconferredonthecommitteebytheEPBC Act or the Regulations.

Committee members can be appointed for up to five years.

Table 15: Membership of the Biological Diversity Advisory Committee during 2006–07

Name Section of EPBC Act/group represented

professor ralf Buckley (acting chair) tourism sector

Mr Kim evans 504 (a) the body known as the australian and new Zealand environment and Conservation Council (now natural resource Management Ministerial Council)

Mr alistair graham 504 (4b) Conservation organisations that are not authorities of the Commonwealth or of any state or territory

Mr tim Low 504 (4c) scientific community ‘terrestrial’

Dr patricia Mather ao 504 (4c) scientific community ‘marine’

Mr Bill sloane 504 (4d) rural community

Dr Cecil Camilleri 504 (4e) Business community

associate professor stephan schnierer 504 (4ea) indigenous community

Dr Charlie Zammit 504 (4f ) Commonwealth

Dr andrew ash 504 (4b) scientific community

Councillor Bill Mitchell Local government

All positions on the committee lapsed at the end of their term in February 2007. The minister is currently considering candidates for appointment to the committee.



Indigenous Advisory Committee

Under section 505B of the EPBC Act, the Indigenous Advisory Committee provides advice to the minister on the operation of the EPBC Act, taking into account the significance of Indigenous people’s knowledge of land management and the conservation and sustainable use of biodiversity. The committee:

• workswithpeakIndigenousbodies,experts,communities,andotherstakeholders to ensure the views of Indigenous peoples are incorporated in the implementation and development of the Act

• workswithkeysectionsofthedepartmenttoseekandprovideadviceandmake recommendations to the minister and the department on Indigenous issues that are relevant under the Act

• monitorstheimplementationofbilateralagreementswithinthestatesandterritories and advises the minister of their impact on Indigenous interests

• providestheministerwithanannualreportonIndigenousissuesundertheAct• respondstoanyissuesofurgencythatariseduringtheimplementationofthe

Act that require a response from the committee.

Table 16: Membership of the Indigenous Advisory Committee as at 30 June 2007

Name State or territory

Ms Melissa george (Chair) Queensland

Mr Dave Johnston (Deputy chair) australian Capital territory

Mr rocky sainty tasmania

Mr Vic Mcgrath torres strait islands

Mr Damein Bell Victoria

Ms Francine McCarthy northern territory

Mr Joe Morrison northern territory

Mr glen Kelly Western australia

Mr robert Carroll new south Wales

Dr ngiare Brown northern territory

Mr Daniel oades Western australia

Vacant new south Wales

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Australian Heritage CouncilUnder the Australian Heritage Council Act 2003, the functions of the Australian Heritage Council are to:

• makeassessmentsofplacesunderthenationalheritagecriteriaortheCommonwealth heritage criteria

• advisetheministeronconservingandprotectingplacesincludedin,orbeingconsidered for inclusion in the National Heritage List or Commonwealth Heritage List

• nominateplacesforinclusionintheheritagelists• advisetheministeronanyheritagerelatedmatters,includingpromotion,

research, training, national policies, the condition of places in heritage lists and historic shipwrecks

• promotetheidentification,assessment,conservationandmonitoringofheritage• keeptheRegisteroftheNationalEstate• organiseandengageinresearch• provideadvicegenerally• preparereportsonanymattersrelatedtothefunctionsofthecounciland

provide them to the minister.

Amendments to the EPBC Act and the Australian Heritage Council Act 2003 which came into effect on 19 February 2007 made changes to the nomination and assessment process for the National Heritage List including the council’s role in that process. The amendments also froze the Register of the National Estate.

Table 17: Membership of the Australian Heritage Council as at 30 June 2007

Mr tom Harley (Chair) Mr rodney Dillon

Dr Jane Lennon aM Dr Libby Mattiske

Dr Denis saunders aM Mr Howard tanner

Dr gaye sculthorpe Mr richard Lewis (associate council member)



Appendix 4 —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 the statutory timeframes in 2006–07 are listed in Tables 16 and 17 below.

Table 18: Referrals, assessments and approvals in 2006–07

Section Total Late Reasons for delay

75(1) Decision on referral 241 40 Delay in obtaining sufficient information to make decision

75(1) Decision on referral 1 95 33 Delay in obtaining sufficient information to make decision

77(1)(b) publishing notice of decision on referral

336 12 Delay in automated notification due to technical difficulties

77(4) providing reasons for decision

8 3 availability of decision-maker; need to obtain legal advice/review

88(1) Decision on assessment approach

23 5 Delay in obtaining sufficient information to make decision

88(1) Decision on assessment approach 1

30 6 Delay in obtaining sufficient information to make decision

91(1) publishing notice of decision on assessment approach

53 13 Delay in notification that the level of assessment had been made; proponents notified in writing by decision date but delay in automated notification due to technical difficulties

95(1) preparation of assessment report for preliminary documentation

19 12 need to adequately consider and test complex technical issues raised in both the information provided by proponent and in the assessment process

100(1) preparation of assessment report for public environment report

2 2 need to adequately consider complex technical issues

105(1) preparation of assessment report for environmental impact statement

2 1 Joint assessment with state; need to ensure both jurisdictions satisfied with guidelines before finalising

130(1) approval decision 43 15 need for ongoing consultation with proponents/states over content of final approval conditions. additional independent work commissioned to inform decision

130(1B)(a) approval decision 1 1 1 need for ongoing consultation with proponents over content of final approval conditions

1 post 19 February 2007 timeframes.

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Table 19: Other provisions

Section Total Late Reasons for delay

Part 13 Species and communities

189(4) provide advice on nomination of species

13 1 administrative error

189(5) Decision on listing 16 9 these nominations were given to the minister before commencement of amendments to the epBC act on 19 February. their management through the relevant transitional arrangements technically made the minister’s decision late for the purposes of the 19 February timeframe and this report. through the transitional arrangements, however, the minister’s decision will be made sooner than if the nominations were subject to each of the statutory requirements under the new act

Part 13A International movement of wildlife specimens

303eg Decision on proposed amendment to the list of specimens suitable for live import

7 4 administrative delays

Part 15 Protected areas – managing national heritage places

324e(3) requesting the chair of the australian Heritage Council to assess a nomination for the national Heritage List


324J(2) Decision on national heritage listing after receipt of assessment report

19 11 Various reasons, principally timing of announcements to better provide for publicity for heritage listing, but also pressure of ministerial business and legal issues

324J(4) providing to relevant persons and publishing on the internet advice that nomination rejected (including reasons)


Part 15 Protected areas – managing Commonwealth heritage places

341J(2) Decision on Commonwealth heritage listing after receipt of assessment report

7 6 principally pressure of ministerial business

Fuel quality

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Fuel quality

Operation of the Fuel Quality Standards Act 2000This annual report is prepared in accordance with section 71 of the Fuel Quality Standards Act 2000. It covers the operation of the Act from 1 July 2006 to 30 June 2007.

Purpose of the ActThe purpose of the Act is to regulate the quality of fuel in Australia in order to:

• reducethelevelofpollutantsandemissionsarisingfromtheuseoffuelthatmay cause environmental and health problems

• facilitatetheadoptionofbetterenginetechnologyandemissioncontroltechnology and allow for more effective operation of engines

• ensurethatappropriateinformationaboutfuelisprovidedwhenthefuelis supplied.

The Fuel Quality Standards Regulations 2001 cover the regulation of fuel and fuel additives, the operations of the Fuel Standards Consultative Committee, the publication of notices relating to entries in the Register of Prohibited Fuel Additives, enforcement, and record keeping and reporting obligations.

Fuel quality standardsFuel Standard Determinations set specific fuel quality standards for petrol, automotive diesel, biodiesel and autogas (liquefied petroleum gas). The determinations specify standards for a range of parameters which address both environmental and operability performance.

The standards for petrol and diesel have been progressively tightened since they were first introduced in 2002 with the regulated levels of sulfur in petrol to be reduced further in 2008 and diesel in 2009. There were no changes to any of the standards during the year.

In response to a request by the Australian Institute of Petroleum for a degree of flexibilityinsettingolefinspecifications,theolefinstandardintheFuel Standard (Petrol) Determination 2001 was reviewed this year. The minister considered all the issues and, in consultation with the Fuel Standards Consultative Committee, decided that there was insufficient justification to relax the standard, particularly in light of the need for Australia to keep pace with international best practice.

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Future fuel standards—research and consultation

Diesohol

The department is in the process of finalising consideration of management options for diesohol. Diesohol is defined in the Fuel Quality Standards Regulations 2001asablendprimarilycomprisingdieselandanalcohol.Alsoknownase-diesel,m-dieselandoxy-diesel,thefuelisusedinspeciallymodifiedcompressionignitionengines. Diesohol is not currently subject to any formal or accepted industry quality standards, either in Australia or internationally.

Ethanol

The department released a paper for public comment in July 2005 stating the Australian Government’s position on a fuel standard for ethanol blended with petrol at 5 per cent (E5) or 10 per cent (E10). The government is in favour of setting a standard for ethanol blend fuel to ensure that the environmental and vehicle operability objectives of the Act are met, and to assist in building consumer confidence by ensuring high quality ethanol blend fuel is available. There was no public opposition to the introduction of a standard. A draft standard was circulated to stakeholders for final comment in May 2007. It is proposed the standard will be harmonised with the American standard (ASTM D4806).

Testing the operation of Australian vehicles on ethanol blend fuels

In March 2007 the Australian Government released the results of expert testing of vehicles using ethanol blend fuels. The testing was carried out in response to the Biofuels Taskforce report to the Prime Minister in 2005. The testing, conducted by Orbital Australia, aimed to validate information available to Australian consumers about the suitability of ethanol blend fuel for cars.

Using the most recent motor vehicle census (March 2006) and information from the Federal Chamber of Automotive Industries (FCAI), the Orbital study estimated that about 7.6 million (60 per cent) of petrol vehicles in Australia are suitable for use with E10. The FCAI confirmed that all new Australian cars are suitable for E10 fuel and that the vast majority of new imported car models sold in Australia today are also compatible with E5 or E10 ethanol blend fuels. Information about the suitability of many vehicles for use with ethanol blend fuel is available from the FCAI, along with manufacturer contact details at www.fcai.com.au/ethanol.

On the basis of the Orbital study, the government continues to recommend that consumers check the FCAI list for information on ethanol use in their vehicle.


Fuel quality

Motorists should also consult vehicle manufacturers for specific information about their vehicle’s suitability if they have questions. The government is encouraging manufacturers and the FCAI to work with fuel suppliers and retailers to provide information to consumers wherever these fuels are sold.

The government capped the level of ethanol that can be added to petrol at 10 per cent (E10) in July 2003. That cap will remain, as will the requirement to label ethanol blends above 1 per cent. The Orbital tests have established that it would not be appropriate to allow 5 per cent ethanol (E5) to be sold unlabelled.

Health impacts of using ethanol blend fuels

A $3.9 million study by the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and Orbital Australia is under way and scheduled to be completed in early 2008. The results will be used in conjunction with other studies, such as the vehicle compatibility study, to inform future ethanol policy decisions. Previous emissions studies have focused on cold climates and do not apply to Australian conditions. Stakeholders were consulted on the methodology for the study and the project steering committee assessed the comments provided for incorporation into the study.

Setting standards for biodiesel blends

The setting of standards for biodiesel blends forms part of the government’s response to the 2005 Biofuels Taskforce report. Standards already exist under the Act for 100 per cent biodiesel (B100) and for petroleum diesel, but not for blends of the two. Blends have proliferated on the Australian market and presently include such variations as B5, B20 and B49. This year the department continued consultation to develop a government position on setting standards for biodiesel blends. The department released a discussion paper in December 2006 on standardising diesel–biodiesel blends and, in light of comments from stakeholders, isdevelopingawhole-of-governmentpositionpaper.

Biodiesel demonstration trial

In response to the report of the Biofuels Taskforce the Prime Minister announced that a biodiesel demonstration trial (of 5 per cent biodiesel blended with 95 per cent diesel) would be undertaken in Kakadu National Park.

Duetoextremeflooding,thedemonstrationtrialwasunabletogoaheadandwasrelocated to Booderee National Park. This site has easier access and more tourists visitinpeakseason.Thetwo-yeardemonstrationtrialinBoodereeisexpectedtocommence in July 2007.

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Statutory review of the Fuel Quality Standards Act 2000—implementing recommendationsThe statutory review of the Fuel Quality Standards Act 2000 was completed in April 2005. In 2006–07 proposals were developed to implement the review’s recommendations and to address a number of issues that had arisen, independent ofthereview,throughtheday-to-dayoperationoftheAct.AdraftBillisscheduledto be introduced into parliament during the spring sittings which begin in August 2007.

Fuel Standards Consultative Committee

Section 24 of the Act establishes a Fuel Standards Consultative Committee as a formal consultation mechanism. The committee is required to include one representative from each state and territory, and the Australian Government. It must also include at least one person representing fuel producers, one representinganon-governmentbodywithaninterestintheprotectionoftheenvironment and one representing the interests of consumers. The minister may also appoint other members to the committee, which in 2006–07 included representatives from the motor vehicle manufacturing industry, independent fuel importers and suppliers, the alternative and renewable fuels industry, and the trucking industry.

Table 1 lists members of the committee during 2006–07.

Under section 24A the minister must consult the committee before:

• grantinganapproval• makingafuelqualitystandard• makingafuelqualityinformationstandard• decidingwhethertoenterafueladditiveon,orremoveafueladditivefrom,

the Register of Prohibited Fuel Additives • preparingguidelinesformorestringentfuelstandards.

Under section 13 of the Act, the committee also provides advice on applications to vary fuel standards including recommendations to the conditions to be applied. In 2006–07 the committee considered and made recommendations on 52 new applications under section 13 (see Table 2).

Monitoring and complianceOngoing monitoring tests fuel industry compliance with the fuel quality standards. Fuel samples are taken in all states and territories of all grades of fuel covered by the standards. The monitoring programme aims to take representative samples in each of the fuel markets around Australia as well as responding to complaints made by consumers about fuel.


Fuel quality

The Australian Government runs a fuel sampling programme to monitor the quality of fuels sold in Australia. Fuels are sampled throughout the fuel supply chain, including at service station forecourts. Photos: John Guilfoyle

Fuel sampling is undertaken at distribution terminals, depots, service stations and other outlets. Samples are tested for compliance with the standards at an independent laboratory accredited by the National Association of Testing Authorities, Australia. Testing methods are accredited to international standards.

Fuel quality inspectors directly employed by the department and by some state and territory agencies took a record number of samples during 2006–07. Inspectors took 2,321 petrol, diesel, biodiesel and autogas samples from approximately 750 sites around Australia. A total of 145 compliance incident reports were received. In comparison 1,069 samples were taken during 2005–06 from 530 sites, and 160 compliance incident reports were received.

Test results indicate a high level of compliance with the fuel standards. Where non-compliancewithastandardisdetected,furtherinvestigationisundertakenwith a view to prosecution where an offence can reasonably be proven.

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Table 1: Membership of the Fuel Standards Consultative Committee 2006–07

Member Representing Start date Finish date

Lynden ayliffe Chair

australian government Department of the environment and Water resources

18/07/2005 6/06/2007

paul Kesby acting chair

australian government Department of the environment and Water resources

7/6/2007 31/07/2007

nigel routh nsW government 28/01/2002 15/04/2010

geoff Latimer Victorian government 11/10/2004 15/04/2010

Kelvyn steer tasmanian government 17/07/2003 2/09/2006

Bob Hyde tasmanian government 27/11/2006 27/11/2009

Kelvyn steer sa government 9/10/2006 9/10/2009

steven saunderson nt government 22/05/2004 15/04/2010

David Quinlan aCt government 22/05/2001 21/06/2006

David power aCt government 9/10/2006 9/10/2009

Fred tromp Wa government 10/09/2002 1/12/2006

John sutton Wa government 16/04/2007 15/04/2010

scott McDowall Queensland government 22/05/2004 15/04/2010

stephen payne australian government Department of industry, tourism and resources

22/05/2004 1/12/2006

Marie taylor australian government Department of industry, tourism and resources

16/04/2007 15/04/2010

Jon real australian government Department of transport and regional services

16/04/2007 15/04/2010

David Bowman environment non-government organisations 22/05/2004 15/04/2010

paul Barrett Fuel producers 18/07/2005 15/04/2010

James Hurnall Consumer interests 3/02/2004 15/04/2010

Keith seyer Light vehicle manufacturing industry 18/09/2003 15/04/2010

Mike McCullagh independent petroleum distributors and retailers

3/02/2004 15/04/2010

stephen schuck alternative fuels 3/02/2003 3/02/2007

John Bortolussi truck manufacturing industry 3/02/2004 15/04/2010


Fuel quality

Table 2: Approvals granted in 2006–07 for a variation of Fuel Standard Determinations

Company name Date of approval

Date approval finishes

Variation

south australian Hot rod association

20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

australian Barefoot racers Club


australian Formula Jet sprint association


Dry Lakes racers australia


ski racing australia 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

australian powerboat association


australian tractor pullers association


street Machine association of south australia


Confederation of australian Motor sport


national association of speedway racing


australian auto-sport alliance


australian street rod Federation


Bsa Motorcycle association


Queensland racing Drivers association


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Variation

a1 advanced automotive


Competition engines 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

Ford Muscle parts 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

Haddad race Cars and engines


Hercules Competition engines


Horsepower research and Development


Hume performance 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

La Motor repairs 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

nankervis performance


neil Collins 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

pavtek engines 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

terry Handley 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

Craig’s Fibreglass 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

Zig’s Marine 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

Table 2: Approvals granted in 2006–07 for a variation (continued)


Fuel quality



Variation

Bp refinery (Bulwer island) pty Ltd

20/12/2006 31/12/2008 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to permit the supply of diesel with a density of 810kg/m3

Mini racing australia 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

northern Dynamics pty Ltd


ior energy pty Ltd 20/12/2006 31/12/2007 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to allow the supply of diesel with a sulfur content of up to 85 parts per million until 31 December 2007. a sulfur content of up to 125 parts per million in eromanga underground Mining Fuel will be taken to comply with the sulfur parameter specified in the determination until 30/6/2007

ipswich City Dirt Kart Club

20/12/2006 31/12/2008 Leaded fuel for motor sports Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

Drag Bike riders association australia


pitstop Motorcycles 20/12/2006 31/12/2008 Leaded fuel for engine building Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L.

allica’s Motorcycles 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

gene Cook race engines


galaxy services 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

the shell Company of australia Ltd

11/04/2007 31/10/2008 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to allow the supply of diesel (wintermix) with viscosity 1.4cst at 40 degrees C, density 800 to 850kg/m3, and lubricity 620 mm maximum

Mobil oil australia pty Ltd

11/04/2007 31/10/2008 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to allow the supply of diesel (wintermix) with viscosity 1.4cst at 40 degrees C, density 800 to 850kg/m3, and lubricity 620 mm maximum

Bp australia pty Ltd 11/04/2007 31/10/2008 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to allow the supply of diesel (wintermix) with viscosity 1.4cst at 40 degrees C, density 800 to 850kg/m3, and lubricity 620 mm maximum


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Variation

Caltex australia petroleum pty Ltd

11/04/2007 31/12/2008 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to allow the supply of diesel (wintermix) with viscosity 1.4 cst at 40 deg C, density 850 kg/m3, and lubricity 620 mm maximum

Caltex refineries (QLD) pty Ltd

26/07/2006 30/06/2008 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to allow the supply of diesel when cetane is measured by number instead of by index

stuart petroleum Ltd 20/12/2006 31/12/2011 Variation of the Fuel Standard (Automotive Diesel) Determination 2001 to allow the supply of diesel with a density of not less than 790 kg/m3

Just Fuel petroleum service pty Ltd

20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with an ethanol content of 20% and oxygen content greater than 3.5%

Martini racing products pty Ltd

20/12/2006 21/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with an aromatic content of up to 78% volume by volume and an oxygen content of more than 3.5% mass by mass (for petrol containing ethanol)

Hi-tec pty Ltd 21/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with an aromatic content of up to 60% volume by volume oxygen content of more than 2.7% mass by mass (petrol not containing ethanol), or 3.5% mass by mass (petrol containing ethanol); olefins content of up to 37% by volume; MtBe 1 content of up to 10% v/v

Vp racing Fuels pty Ltd

12/03/2007 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with lead content of more than 0.005g/L, aromatic content of up to 42% v/v, oxygen content of more than 2.7% mass by mass (m/m) (petrol not containing ethanol), or 3.5% m/m (petrol containing ethanol); olefins content of more than 18%v/v, Dipe 2 content of more than 1% v/v; and MtBe content of more than 1% v/v

shell global solutions 12/3/2007 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with MtBe content of up to 15.1% v/v, aromatics up to 53.6%, tBa3 up to 7%v/v, and Dipe up to 7%.

netaway pty Ltd 20/12/2006 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with MtBe content up to 3.6% v/v; ethanol content of up to 13% v/v; and oxygen content of more than 3.5% m/m (petrol containing ethanol)

netaway pty Ltd 7/6/2007 21/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more than 0.005g/L

performance engineering

7/6/2007 31/12/2008 Variation of the Fuel Standard (Petrol) Determination 2001 to permit the supply of petrol with a lead content of more then 0.005g/L

1 MtBe = methyl tertiary-butyl ether 2 Dipe = di-isopropyl ether3 tBa = tertiary butyl alcohol


Hazardous waste

93


Hazardous w

aste

Operation of the Hazardous Waste (Regulation of Exports and Imports) Act 1989This annual report is prepared in accordance with section 61 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. It covers the operation of the Act from 1 July 2006 until 30 June 2007.

Purpose of the ActThe purpose of the Act is to regulate the export, import, transit and disposal of hazardous waste to ensure that human beings and the environment, both within and outside Australia, are protected from the harmful effects of hazardous waste.

The Act and its 1996 amendments enable Australia to meet all its obligations under the Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and their Disposal. The Basel Convention regulates the international movements of hazardous wastes.

Functions of the departmentThe main functions performed by the Department of the Environment and Water Resources in relation to hazardous waste are:

• processingexport,importandtransitpermitapplicationsundertheAct• ensuringcompliancewithandenforcementoftheAct• preparing,implementingandamendinglegislationrelatingtotheinternational

movements of hazardous waste to and from or through Australia • formulatingandimplementingpoliciesrelatingtotheinternationalmovements

of hazardous waste to and from or through Australia • providingadministrativeassistancetotheHazardousWasteTechnicalGroup,

which provides advice to the department on hazardous waste management • participatingininternationalforums,suchastheBaselConventionandthe

Organisation for Economic Cooperation and Development (OECD), which deal with the international movements of hazardous waste

• providinginformationtostakeholdersontheActandthepermitprocess.

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Basel ConventionThe Basel Convention was developed by the United Nations Environment Programme and adopted on 22 March 1989. Australia ratified the convention on 5 February 1992 and it entered into force on 5 May 1992. The convention imposes two kinds of obligations on members:

• specifically,tocontroltheexportandimportofhazardousandotherwastes(other wastes being household wastes or incinerator residues), to provide for notification and consent, as required by the convention, and to track shipments to environmentally sound disposal

• moregenerally,tominimisethemovementandgenerationofhazardousand other wastes, and ensure that hazardous wastes are disposed of in an environmentally sound manner.

The 8th meeting of the conference of the parties to the convention was held in Nairobi, Kenya from 27 November to 1 December 2006. Among other things, the meeting began developing a work plan for the environmentally sound management of electronic waste focusing on the needs of developing countries and countries with economies in transition.

RegulationsRegulations made under the Act provide for:

• settingfeesforpermitapplications• theoperationofarrangementsunderArticle11oftheBaselConvention,which

allowstransboundarymovementsofwastebetweenpartiesandnon-partiesorunder modified control procedures

• generaladministrativearrangementsrequiredbytheAct.

PermitsIn 2006–07 the department processed 48 applications for permits to import and exporthazardouswastes(31exports,16importsandonetransit).Twenty-onepermits were granted, two applications were refused and one was withdrawn; 25 applications were still to be resolved as at 30 June 2007. All permit applications were processed within the statutory timeframes. Details of permit applications received in 2006–07, including those not resolved by 30 June, are presented in the tables below.


Hazardous w

aste

Fee incomeThis year $63,360 was received in income from fees.

Contraventions, enforcement and suspension of permitsThe department continued to focus on the need to strengthen enforcement and take further actions to prevent and combat illegal traffic in hazardous waste. Enforcement action this year included seizing illegal shipments of electronic waste, household waste and used lead acid batteries.

PublicationsUnder section 33 of the Act particulars of all applications, permits and variations were published in the Commonwealth of Australia Government Notices Gazette.

Table 1: Export permits granted in 2006–07

Applicant Quantity (tonnes)

Granted (d/m/y)

Type of waste, disposal operation & destination

sims group Ltd 2,000 7/07/2006 Waste glass cullet from cathode ray tubes transported from sims recycling solutions (australia) to Limburgglas BV (sims-Mirec) (the netherlands)

exide australia pty Ltd

8,400 15/09/2006 spent wet automotive and industrial lead sulfuric acid batteries transported from exide australia pty Ltd (australia) to exide technologies Vernon smelter (united states)

transwaste technologies pty Ltd

240,000 litres

20/09/2006 Waste from production, formulation and use of resins, latex, plasticisers, glues and adhesives transported from transwaste technologies pty Ltd (australia) to new Zealand

gritter instrument Manufacturing

2.5 1/11/2006 Dental amalgam sludge transported from gritter instrument Manufacturing Company pty Ltd (australia) to Dental eco service gmbH (austria)

Mri (aust) pty Ltd

150 4/12/2006 nickel, cadmium and metal hydride batteries transported from Mri (aust) pty Ltd (australia) to Kobar Ltd (republic of Korea)

umicore australia Ltd

2,000 14/12/2006 Waste zinc residues containing lead and cadmium transported from umicore australia Ltd (australia) to umicore oxyde (Belgium)

Bp refinery (Kwinana) pty Ltd

600 21/12/2006 unregenerated hydrotreater catalyst transported from Bp refinery (Kwinana) pty Ltd (australia) to Metrex B.V. (the netherlands)

tes-aMM australia pty Ltd

500 28/05/2007 electronic waste transported from tes-aMM australia Ltd (australia) to tes-aMM singapore pty Ltd (singapore)

Dodd and Dodd group pty Ltd

3,500 01/07/2007 used lead acid batteries transported from Dodd and Dodd group pty Ltd (australia) to samji Metal industrial Company Ltd (republic of Korea)

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Table 2: Import permits granted in 2006–07


Granted Type of waste, disposal operation & destination

gHD pty Ltd 13.3 04/05/2006 pesticides and polychlorinated biphenyl contaminated oil & equipment transported from Micronesia Department of Health, education and social services (Micronesia) to BCD technologies pty Ltd (australia)

gHD pty Ltd 3.4 14/08/2006 pesticides and polychlorinated biphenyls transported from niue Health Department (niue island) to BCD technologies pty Ltd (australia)

gHD pty Ltd 1.5 08/12/2006 pesticides and polychlorinated biphenyls transported from Ministry of environment, Land and agriculture Kiribati (Kiribati) to BCD technologies pty Ltd (australia)

stericorp Ltd 180 14/09/2006Clinical and related waste. Waste solids containing toxic liquid transported from stericorp Ltd (new Zealand) to stericorp Ltd (australia)

oceania Maritime services pty Ltd

123 15,000 litres

20/12/2006 solid and liquid waste transported from antarctica from institut polaire Francais, Dumont Durville station (French antarctica) to Veolia environmental services aust. pty Ltd (australia)

gHD pty Ltd 14 13/02/2007 pesticides and contaminated packaging, and polychlorinated biphenyl contaminated capacitors transported from Ministry for Forests, environment and Conservation solomon islands (solomon islands) to BCD technologies pty Ltd (australia)

universal Metals pty Ltd

125 15/03/2007 Crushed waste lamps and fluorescent tubes containing mercury transported from Medi Chem Waste services Ltd (new Zealand) to advanced recycling australasia pty Ltd (australia)

australian refined alloys pty Ltd

2,000 26/03/2007 used lead acid batteries transported from sims pacific Metals Ltd (new Zealand) to australian refined alloys pty Ltd (australia)

recyclers australia pty Ltd

500 27/03/2007 used lead acid batteries transported from pago pago (american samoa) to australian refined alloys pty Ltd (australia)

Holyman shipping services pty Ltd t/a patrick Defence Logistics

50 26/04/2007 Discharged military communication batteries (lithium batteries) transported from Holyman shipping services pty Ltd (east timor) to thiess services pty Ltd (australia)

Holyman shipping services pty Ltd t/a patrick Defence Logistics

50 12/06/2007 Discharged military communication batteries (lithium batteries) transported from Holyman shipping services pty Ltd (solomon islands) to thiess services pty Ltd (australia)


Hazardous w

aste

Table 3: Transit permits granted in 2006–07


Granted Type of waste, disposal operation & destination

seawings shipping pty Ltd

2,000 27/03/2007 used lead acid batteries from Dominion trading Company Ltd (new Zealand) to sang shin Metallic Co Ltd (republic of Korea) via Brisbane, singapore and taiwan

Table 4: Export applications received but not resolved by 30 June 2007


Received Type of waste, disposal operation & destination

austrade alliance pty Ltd

10,800 17/07/2006 used lead acid batteries from total auto recyclers (australia) to sang shin Metallic Co Ltd (Korea)

orica australia pty Ltd

600,000 litres

27/10/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to Bayer industry services gmbH and Co oHg, Leverkusen (germany)


4,000 27/10/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to saVa gmbH (germany)


200 27/10/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to saVa gmbH (germany)


3,000 27/10/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to Bayer industry services gmbH and Co oHg, Leverkusen (germany)


2,000 27/10/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to Bayer industry services gmbH and Co oHg, Dormagen (germany)


200 27/10/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to agr Vertrieb gmbH (rZr) (germany)


4,000 27/10/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to agr Vertrieb gmbH (rZr) (germany)


850 27/11/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to agr Vertrieb gmbH (rZr) (germany)


850 27/11/2006 Hexachlorobenzene and related waste from orica australia pty Ltd (australia) to saVa gmbH (germany)

saFt niFe power systems australia pty Ltd

300 18/12/2006 Waste comprising nickel-cadmium batteries from saFt niFe power systems australia pty Ltd (australia) to saFt niFe aB (sweden)

powerhouse Batteries

10,000 16/01/2007 used lead acid batteries from powerhouse Batteries (australia) to Korea Zinc (Korea)

sims e-recycling pty Ltd

150 24/01/2007 Waste nickel cadmium batteries and nickel metal hydride batteries from sims e-recycling pty Ltd (australia) to s.n.a.M., Viviez (France)


12,000 07/02/2007 Waste comprising lead acid batteries and other lead scrap from exide australia pty Ltd (australia) to exide technologies (new Zealand)

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36,000 07/02/2007 Waste comprising lead acid batteries and other lead scrap from exide australia pty Ltd (australia) to exide technologies (new Zealand)

Consolidated alloys

180 26/03/2007 Lead solder dross from Consolidated alloys (australia) to Hydrometal s.a. (Belgium)

Metalcorp recyclers pty Ltd

pending 25/04/2007 automobile shredder residue from Metalcorp recyclers pty Ltd (australia) to Metal tek Development (MtD) america Ltd (united states)

tiC group (third party services) pty Ltd

pending 27/05/2007 Cathode ray tube glass cullet from tiC group (third party services) pty Ltd (australia) to Young Chang Co. Ltd (republic of Korea)

Fuji Xerox asia pacific pte Ltd

2,500 05/06/2007 used Xerox office equipment from Fuji Xerox asia pacific pte Ltd (australia) to Fuji Xerox eco-manufacturing Co. Ltd (thailand)

Table 5: Import applications received but not resolved by 30 June 2007

ApplicantQuantity (tonnes)


simsmetal Ltd 300 14/03/2006 Drained lead acid batteries from etablissement Metallurgiques Caledoniens (new Caledonia) to australian refined alloys (australia)


250 24/01/2007 used lead acid batteries from tarawa Materials recovery Facility (Kiribati) to australian refined alloys pty Ltd (australia)


500 08/06/2007 used lead acid batteries from pacific recycles Co. (samoa) to australian refined alloys pty Ltd (australia)

stericorp Ltd 60 16/06/2007 Waste solids containing toxic liquid not otherwise specified (clothes, sharps and vials contaminated with cytotoxic medicines) from united environmental t/a transpacific technical services (new Zealand) to stericorp Ltd (australia)

oK tedi Mining Ltd

500,000 litres

19/06/2007 Contaminated transformer oil >50ppm polychlorinated biphenyls from oK tedi Mining Ltd (papua new guinea) to BCD technologies (australia)

ace Waste group pty Ltd

pending 20/06/2007 Cytotoxic contaminated medical waste from international Waste Ltd (new Zealand) to ace Waste pty Ltd (australia)

Table 6: Applications refused in 2006–07


Refusal date

Type of waste, disposal operation & destination


8,400 13/09/2006 spent wet automotive and industrial lead sulfuric acid batteries from exide australia pty Ltd (australia) to Joong-il Metals inc (recycling Facility) (republic of Korea)

Club assist pty Ltd

6,500 16/03/2007 used lead acid batteries from Club assist pty Ltd (australia) to Joong-il (republic of Korea)

Table 4: Export applications received but not resolved by 30 June 2007 (continued)

ozone protection

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Ozone protection

Operation of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989This annual report is prepared in accordance with section 68 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and covers the operation of the Act from 1 July 2006 until 30 June 2007.

Ozone depletion is a major global environmental problem. Left unchecked, deterioration of the ozone layer will allow higher doses of ultra violet band B (UVB) radiation to penetrate the earth’s atmosphere and will greatly increase the incidence of skin cancer and eye cataracts, as well as affecting plants, animals and aquatic life.

The international community’s response to ozone depletion has been cohesive and effective. Research indicates that the rate of ozone depletion has slowed and scientistspredictafullrecoveryoftheozonelayerinthemid-latitudesbyaround2050 and over the Antarctic in the period 2060–2075. This predicted recovery dependsonfullcompliancewithinternationallyagreedphase-outtargetsfortheuse of ozone depleting substances.

Australia meets its international obligations to phase out the use of ozone depleting substances and to control the use of synthetic greenhouse gas replacements through the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

Montreal Protocol

The 1987 Montreal Protocol aims to promote international cooperation in developing and implementing specific measures to control the consumption and production of ozone depleting substances. Australia ratified the Montreal Protocol in May 1989. The protocol was amended in 1990, 1992, 1995, 1997 and 1999. Australiahasratifiedallamendments.Theprotocolestablishestotalphase-outdates for controlled substances. This year Australia continued to meet or exceed its international obligations under the Montreal Protocol. Australia has met, or is well in advance of meeting, all reduction obligations. Australia will essentially phaseouttheimportofhydrochlorofluorocarbonsby2015,fiveyearsaheadofourinternational obligations. In doing so, Australia will consume almost 5,000 ODP tonnes(or63percent)lesshydrochlorofluorocarbonsthanallowedforundertheMontreal Protocol in the period from 1996 to 2020.

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Purpose of the Act

The purpose of the Act is to:

• implementtheprovisionsofthe1985ViennaConventionfortheProtectionofthe Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer

• institutespecificcontrolsonthemanufacture,import,export,distributionanduse of ozone depleting substances

• encourageAustralianindustrytoreplace,andachieveafasterandgreaterreduction in the use of, ozone depleting substances

• controlthemanufacture,import,exportanduseofsyntheticgreenhousegases that are used to replace ozone depleting substances, to give effect to Australia’s obligations under the United Nations Framework Convention on Climate Change

• promotetheresponsibleuseofozonedepletingsubstancesandsyntheticgreenhouse gases to minimise their impact on the atmosphere.

Operational aspects of the Act

Licensing

The Act establishes a licensing system to enable Australia to meet its international requirements under the Montreal Protocol and the United Nations Framework ConventiononClimateChange.TheActmanagesthephase-outofozonedepleting substances and establishes consistent requirements for synthetic greenhouse gases that are used to replace ozone depleting substances. The Act:

• prohibitstheimport,exportormanufactureofchlorofluorocarbons(CFCs),halons (halon 1211, 1301 and 2402), carbon tetrachloride, methyl chloroform, bromochloromethaneandhydrobromofluorocarbons(HBFCs)withoutanessential use licence or used substance licence

• establishesasystemofcontrolledsubstancelicencesandreportingrequirementsfortheimport,exportormanufactureofhydrochloro-fluorocarbons(HCFCs),methylbromide,hydrofluorocarbons(HFCs)andperfluorocarbons(PFCs)consistentwithAustralia’sobligationsundertheMontreal Protocol and United Nations Framework Convention on Climate Change

• establishesalicensingsystemfortheimportofrefrigerationandairconditioningequipmentthatcontainsanHFCorHCFCrefrigerantcharge(pre-chargedequipment), thereby applying the same conditions and responsibilities for the import of these substances in equipment as apply to their import in bulk form.


Ozone protection

Revenue

The Act establishes administrative fees for licences issued under the Act, with the fees set under the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995. The Act also establishes the Ozone Protection and Synthetic Greenhouse Gas (SGG) Account to allow revenue from the licensing system, import levies and the National Halon Bank to be directed towards the cost of the Act’sadministration,ozonedepletingsubstancephase-outprogrammes,emissionminimisation programmes, and the operation of the National Halon Bank.

End use Regulations

TheActcreatesRegulation-makingpowerstoallowtheAustralianGovernmentto develop end use controls on purchase, sale, handling, storage and disposal of ozone depleting substances and synthetic greenhouse gases.

National end use Regulations have been implemented for the use of ozone depleting and synthetic greenhouse gases in the refrigeration and air conditioning and fire protection industries, and for control of methyl bromide as a feedstock and its use as afumigantforapprovedcriticalusesandquarantineandpre-shipmentuses.

TheseRegulationswillensureAustraliameetsitsphase-outresponsibilitiesunderthe Montreal Protocol and will lead to reduced emissions of ozone depleting substances and synthetic greenhouse gases through the establishment of national knowledge, skills and working standards for industry.

The Australian Refrigeration Council and the Fire Protection Association of Australia are the industry boards that assist with the administration of licensing in the refrigeration and air conditioning industry and fire protection industry respectively.

Operational achievements in 2006–07

Licences issued

There are four types of licence that can be issued under the Act: controlled substance,essentialuse,usedsubstance,andpre-chargedequipment.Thereisonetype of exemption: section 40 (essential use).

Licencesforcontrolledsubstances,usedsubstances,essentialusesandpre-chargedequipment are granted for a period of up to two years. The current licensing period ends on 31 December 2007.

Essential use exemptions are granted for a period of up to one year. All current permits will expire on 31 December 2007.

As of 30 June 2007 there were 733 active licences for the 2006–2007 licensing period.

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Table 1: Active licences as at 30 June 2007

Type of licence Number

import and export HCFC 8

import and export methyl bromide 5

import and export HFC and pFC 14

import refrigeration and air conditioning equipment containing an HCFC or HFC refrigeration charge

695

export CFC—essential use licence to facilitate the re-export of bulk CFC no longer required in australia

0

import and export used or recycled CFC, halon, carbon tetrachloride and methyl chloroform—used substance licence

1

section 40 exemptions 1 10

1 section 40 exemptions are issued only to enable the import of certain products and equipment containing or designed to contain certain ozone depleting substances that are essential for medical or other purposes and for which practical alternatives are not available in australia.

The Ozone Protection and Synthetic Greenhouse Gas Regulations 1995 permit the use of methyl bromide for quarantine and preshipment uses, critical non-quarantineandpreshipmentusesthathavebeenapprovedthroughtheMontreal Protocol and as a feedstock (i.e. an intermediate substance which is used to manufacture other chemicals). A permit to use methyl bromide as a feedstock is granted where the user demonstrates that it is a genuine feedstock use. Three such permits were issued in 2006–07. These permits are issued on a calendar year basis.

Australia’s imports of ozone depleting substances remain below the limits set through the Montreal Protocol. Bulk imports of ozone depleting gases into Australia during the 2006 calendar year amounted to an equivalent of 163 ozone depleting potential (ODP) tonnes, a decrease of 70 ODP tonnes from 2005. The import of ozone depleting substances, for use as refrigerants, solvents and fire extinguishing agents, remained in line with the structured quota reduction system. In addition, an estimated 25 ODP tonnes of ozone depleting refrigerants were incorporatedinpre-chargedequipmentimportedin2006.

Imports of bulk synthetic greenhouse gases into Australia during the 2006 calendar year were 5,056.34 kilotonnes of carbon dioxide equivalent; imports of synthetic greenhousegasesincorporatedinpre-chargedequipmentwere2,170kilotonnesof carbon dioxide equivalent.


Ozone protection

Revenue

The Act provides for licence and exemption application fees to be levied.

Table 2: Licence and exemption fees

Type of licence/exemption Fee

Controlled substance $15,000 per licence period

essential use $3,000 per licence period

used substance $15,000 per licence period

pre-charged equipment $3,000 per licence period

section 40 $3,000 per exemption period

Levies on import and manufacturing activity under a controlled substance licence are payable each quarter under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 and the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 according to the quantity and ozone depleting potential of HCFCs imported or manufactured; or the quantity of methyl bromide, HFC or PFC imported or manufactured (see Table 3). Australia has not manufactured ozone depleting substances since 1996, and has never manufactured HFCs or PFCs.

Table 3: Activity fees

Licensed activity Fee

import HCFCs $3,000 per oDp1 tonne

import HFCs and pFCs $165 per metric tonne

import methyl bromide $135 per metric tonne

1 ozone depleting potential (oDp) is a comparative measure using CFC as a base level of 1. For example 1 metric tonne of methyl bromide equals 0.6 oDp tonne.

Licence fees and levies are set at the level estimated to be the cost to the Australian Government of administering the legislation and undertaking programmes associatedwithphase-outandemissionminimisation.ThesefeesareheldintheOzone Protection and Synthetic Greenhouse Gas (SGG) Account.

The purpose of the account is to reimburse the Australian Government for the costs associated with:

• administrationoftheActandRegulations• furtheringtheozonedepletingsubstancesphase-out,andozonedepleting

substance and synthetic greenhouse gas emission minimisation programmes • managementoftheNationalHalonBank.

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Funds received during 2006–07 from operation of the National Halon Bank and licence fees and levies are shown in Table 4. Spending on emission minimisation andphase-outprogrammeswaslowthisyearaseffortswerefocusedonimplementing amendments to the legislation.

Table 4: Ozone Protection and SGG Account receipts and expenditure

Activity Amount received ($) in 2006–07

Controlled substance licence fees: Methyl bromide licence fees HFCs licence fees

075,000.00

pre-charged equipment licence fees 591,000.00

section 40 exemption fees 6,000.00

Levies: HCFCs Methyl bromide HFCs pre-charged equipment

464,747.8554,771.60

470,126.88404,374.23

national Halon Bank: Commercial revenue 725,482.75

Total 2,791,503.10

Account Expenditure

grants 0

salary and administration 92,057.59

Total minus expenditure 2,699,445.72

Projects funded from the Ozone Protection and SGG Account

No new projects were approved for funding in 2006–07. A $1 million programme to assist refrigeration and air conditioning technicians to comply with the RegulationswasadvertisedinMay2007.Awideremissionminimisationandphase-out programme is being developed for consideration in 2007–08.

Montreal Protocol’s Multilateral FundAustralia provides financial assistance, through the Montreal Protocol’s Multilateral Fund,toassistdevelopingcountriestocomplywiththephase-outrequirementsunder the protocol. Australia also provides direct technical and financial assistance to other countries in the region. For example, this year Australia continued to assist Pacific Island countries to meet their obligations under the Montreal Protocol, including helping them to develop legislation to control the imports of ozone depleting substances and to develop training for customs officers. Funding for these projects is provided through Australia’s international aid programme.

oil recycling

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Oil recycling

Operation of the Product Stewardship for Oil Programme and the Product Stewardship (Oil) Act 2000This annual report is prepared in accordance with section 35 of the Product Stewardship (Oil) Act 2000, and covers the operation of the Act and the operation of the Product Stewardship for Oil Programme from 1 July 2006 to 30 June 2007.

Purpose of the programmeThe Product Stewardship for Oil Programme came into effect on 1 January 2001, fulfilling the government’s May 1999 commitment outlined in the Measures for a Better Environment package. The programme’s objectives are to:

• provideeconomicincentivestoincreasetheuptakeandappropriaterecyclingand use of waste oil

• encouragetheenvironmentallysustainablemanagementandre-refiningofwaste oil and its reuse

• supporteconomicrecyclingoptionsforwasteoil.

The programme aims to develop different forms of recycling and a diverse range of productsandmarketsforrecycledoiltohelpensurethelong-termviabilityoftheused oil recycling industry in Australia.

Features of the programmeThe Product Stewardship for Oil Programme consists of an economic incentives package (levy/benefit scheme) and a transitional assistance grants package.

The product stewardship oil levy was introduced on 1 January 2001 and is currently set at 5.449 cents per litre of lubricant oil produced or sold in Australia. The levy applies to both domestic and imported oils and is paid by oil producers andimporters.Underthelevyarrangementsno‘eligible’lubricantescapesthelevy, imported and domestic oils are treated equitably, and exported oil is not levied. The levy is collected as an excise by the Australian Taxation Office and as customs duty by the Australian Customs Service.

While the levy is intended to offset the cost of benefits paid under the Product Stewardship for Oil Programme, it is not directly connected with benefit payments.

Productstewardshipbenefitsarepaidtorecyclersasavolume-basedincentiveto encourage increased oil recycling. Benefits are provided at different rates,

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depending on the type of product—the lowest benefits are provided for basic burnerfuels,andthehighestforfullrecyclingintoas-new,re-refinedbaseoil.Table 1 shows the 2006–07 benefit rates.

Benefitratesdonotdirectlyreflectthecomparativeeffortinvolvedinrecyclingorthe environmental benefit achieved. Rates were set by determining the amount of incentive required for industry to undertake and increase each form of recycling. Some forms of recycling require more incentive than others.

Table 1: Product stewardship benefit rates in 2006–07

Category Benefit (cents per litre)

1. re-refined base oil (for use as a lubricant or a hydraulic or transformer oil) that meets the prescribed criteria 1

50

2. other re-refined base oils (for example, chain bar oil) 10

3. Diesel fuels that comply with the Fuel standard (automotive Diesel) Determination 2001, as in force from time to time

7

4. Diesel extenders:

(a) that are filtered, de-watered and de-mineralised; and

(b) that, if combined with diesel fuels, would produce a combined fuel that complies with the determination mentioned in category 3

5

5. High grade industrial burning oils (filtered, de-watered and de-mineralised) 5

6. Low grade industrial burning oils (filtered and de-watered) 3

7. industrial process oils and process lubricants, including hydraulic and transformer oils (re-processed or filtered, but not re-refined)

0

8. gazetted oil consumed in australia for a gazetted use 5.499

9. recycled oil mentioned in category 5 or 6 that has been blended with a petroleum product that meets the criteria mentioned in schedule 2 of the regulations of the act 2

9.557

additional benefit 1 July 2006 to 30 June 2007 3 10.057

1 the regulations specify a health, safety and environment standard for re-refined lubricants that is consistent with the current requirements for ‘virgin’ products. the basic requirement of this standard is to produce a non-carcinogenic and non-toxic product. source: product stewardship (oil) regulations 2000 (as amended april 2004).

2 Category 9 ceased as of 30 June 2006. Claims may still be submitted if the used oil was recycled and sold for use (or used by the claimant) prior to 30 June 2006.

3 the additional benefit is separate from categories 1 to 9. all category 5 and 6 claimants will be eligible to claim the additional benefit. (see the regulatory amendments section on the next page.)


Oil recycling

In establishing the Product Stewardship for Oil Programme, transitional assistance funding of $34.5 million over seven years (2001–2007) was allocated to stimulate theuptakeofenvironmentallysustainablemanagementandre-refiningofwasteoil and its reuse. The funding complements the levy/benefit arrangements and is aninterimmeasuretoengenderchangethatwillensurethelong-termviabilityofAustralia’s oil recycling industry.

Legislative basis of the programme

The programme is underpinned by a package of legislation and associated Regulations.

• TheProduct Stewardship (Oil) Act 2000 is the primary piece of legislation that establishes the general framework and benefit entitlements. The policy settings for the stewardship arrangements are established and governed by the Minister for the Environment and Water Resources. The Act also establishes the Oil Stewardship Advisory Council (see Table 2).

• TheProductStewardship(Oil)Regulations2000prescribetheproductstewardship benefit rates.

• TheExcise Tariff Amendment (Product Stewardship for Waste Oil) Act 2000 and the Customs Tariff Amendment (Product Stewardship for Waste Oil) Act 2000 and associated Regulations establish the product stewardship levy.

• TheProduct Stewardship (Oil) (Consequential Amendments) Act 2000 contributes to the establishment of the levy and the general administrative provisions in the Product Grants and Benefits Administration Act 2000.

• TheProduct Grants and Benefits Administration Act 2000 sets out eligibility criteria and establishes the administrative mechanisms used by the Australian Taxation Office to pay benefits to recyclers.

• Transitionalassistanceadministration,includinggeneralrunningcostsoftheProduct Stewardship for Oil Programme and general grant funding, is managed under the Appropriation (Supplementary Measures) Act (No. 2) 1999.

Regulatory amendments to the product stewardship benefits

The Product Stewardship (Oil) Regulations 2000 were amended in December 2006 to increase the rate of additional benefit for categories 5 and 6. The extra benefit will ensure that the oil recycling industry has time to adapt to changes arising from the Australian Government’s Fuel Excise Reform. The definitions of category 3 (diesel) and category 4 (diesel extender) were also changed to make it clear that these products must comply with the Fuel Standard (Automotive Diesel) Determination 2001 in order to be eligible for product stewardship benefits.

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In 2006–07 the Australian Government announced an extra $10.6 million over three years for the additional product stewardship benefits for categories 5 and 6. All category 5 and 6 claimants are eligible to claim the benefit. Eligible recyclers received an extra 10.057 cents per litre from 1 July 2006 to 30 June 2007, and will receive 6.7 cents per litre from 1 July 2007 to 30 June 2008 and 3.3 cents per litre from 1 July 2008 to 30 June 2009. The additional benefits will cease after 30 June 2009.

Oil Stewardship Advisory Council

The Oil Stewardship Advisory Council provides advice to the Minister for the Environment and Water Resources on the product stewardship mechanisms and their operation, on the oil recycling and oil production industries and on markets for recycled used oil products. Part 3 of the Product Stewardship (Oil) Act 2000 establishes the council. Members are drawn from a range of backgrounds so that the oil producing and recycling industries, state and local governments,consumers,andothernon-governmentorganisationscancontributeto formulating advice on the Product Stewardship for Oil Programme. The Department of the Environment and Water Resources and the Commissioner of Taxation represent the Australian Government.

Table 2: Membership of the Oil Stewardship Advisory Council as at 30 June 2007

Member Representing

Mr Mike Williamson Chair

Mr rory Collins Commissioner of taxation

Ms Lynden ayliffe Department of the environment and Water resources

Mr paul Barrett australian institute of petroleum

Mr Bob pullinger australian oil recyclers association

Mr gary o’Connor environment protection and Heritage Council

Mr Mark Borlace royal automobile association of south australia

Mr paul Howlett Waste Management association of australia

Mr Harold grundell additional member (oil recycler)

Mr Fred Wren additional member (oil recycler)

The council met in Canberra on 6 June 2007.

Financial informationThis section reports on the financial arrangements for the Product Stewardship for Oil Programme for the period 1 July 2006 to 30 June 2007, including levy collections and benefit payments. Transitional assistance expenditure is reported under the Transitional Assistance Grants Programme.


Oil recycling

General operation

The Department of the Environment and Water Resources, the Australian Taxation Office and the Australian Customs Service continued to work together to ensure that the programme is simple to administer and understand. Administration of the programme is progressing well. There were seven applications for registration during 2006–07: one under category 4, one under category 5 and five under category 8. There were 78 recyclers registered for benefits, and 48 active recyclers, as at 30 June 2007.

The Australian Taxation Office audit programme from previous years continued, with two audits finalised in 2006–07.

Information on registering for benefit payments can be obtained from the Australian Taxation Office fuel schemes website at www.ato.gov.au/businesses.

Product stewardship levy

In 2006–07 total revenue collected from the product stewardship levy was $25.2 million, comprising $19.3 million in excise collection on domestic production and $5.9 million in customs duty on imported oils. An amount of $1.9 million was paid back to clients in the form of drawbacks (for export) and refunds, bringing the balance of revenue from the levy to $23.3 million.

Levy collections are recorded against a number of categories based on the type of oil, and customs duty is recorded under international customs classifications. Tables 3 and 4 show excise and customs tariff collections for 2006–07 by category.

Table 3: Product stewardship levy collection (excise) by category

Item number

Category Levy collected

15.1 petroleum based oils (including lubricant/fluid/oil/products) and their synthetic equivalents but not greases

$18,176, 763

15.2 petroleum based oils (including lubricant/fluid/oil/products) and their synthetic equivalents, recycled for use as oils (including lubricant/fluid/oil products) but not greases

$512,314

15.3 petroleum based greases and their synthetic equivalents $285,163

15a Lubricant base oils $299,801

15B Lubricant base oils (recycled) $11,009

15C petroleum based greases and their synthetic equivalents $4,700

Total $19,289,750

note: 15a, 15B and 15C relate to old codes which were changed in July 2006.total amount may differ slightly from the sum of the components due to rounding.

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Table 4: Product stewardship levy collection (customs tariff) by category

Item number

Category Levy collected

27101991 petroleum based oils including lubricants, hydraulic fluids and transformer oils $3,386,813

27101992 petroleum based greases $440,038

27109191 petroleum based oils including lubricants, hydraulic fluids and transformer oils $17,691

27109192 petroleum based greases $439

27109991 petroleum based oils including lubricants, hydraulic fluids and transformer oils $57,629

27109992 petroleum based greases $30,192

34031110 preparations for the treatment of textiles, containing petroleum oils, solid $5,712

34031190 preparations for the treatment of textiles, containing petroleum oils, liquid $4,970

34031910 other preparations (for example, cutting oil, anti-corrosion) containing petroleum oils, solid

$42,528

34031990 other preparations (for example, cutting oil, anti-corrosion) containing petroleum oils, solid

$419,482

34039110 preparations for the treatment of textiles, containing petroleum oils, solid $7,388

34039190 preparations for the treatment of textiles, not containing petroleum oils, solid $17,379

34039910 other preparations (for example, cutting oil, anti-corrosion) not containing petroleum oils, solid

$108,475

34039990 other preparations (for example, cutting oil, anti-corrosion) not containing petroleum oils, liquid

$336,357

38112110 additives for lubricating oil, containing petroleum oils, solid $81,823

38112190 additives for lubricating oil, containing petroleum oils, liquid $831,216

38190000 Hydraulic brake fluids $69,484

Total $5,857,616

note: total amount may differ slightly from the sum of the components due to rounding


Oil recycling

Product stewardship benefitsA total of $31.9 million was paid as product stewardship benefits in 2006–07, with $30.7 million paid to recyclers for recycling used oil. This is an increase of $16.7 million in benefits for recycling compared to 2005–06 and is attributable to the introduction of the additional benefit for categories 5 and 6.

The volume of oil on which benefits were paid in 2006–07 was 219 million litres, compared to 211 million litres in 2005–06. Figure 1 shows the annual volume of used oil recycled since the programme began. Industry estimates that 150–165 million litres of oil were being recycled annually before the Product Stewardship for Oil Programme began in 2001.

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note: the pre-pso programme value is an industry estimate. programme benefits commenced in January 2001, therefore the 2000–01 value was extrapolated from only six months data.

Figure 1: Annual volume of oil recycled since the Product Stewardship for Oil Programme began

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Figure 2 shows the annual volume of used oil claimed in each category since the programme began. Table 5 provides a breakdown by product category for 2006–07, indicating volumes recycled and benefit payments.

The volume of used oil claimed in category 1 in 2006–07 decreased slightly, after increasing gradually since the programme began. The volume claimed in category 5 has grown steadily since the programme began while the volume in category 6 increasedslightlyafteratwo-yeardecline.Thesharpdeclineinthevolumeofcategory 3 is attributable to the changes to the definition of category 3 and the additional benefit for categories 5 and 6. It is likely that these changes have led to recycled oil previously claimed under category 3 now being claimed under categories 5 or 6.

note: Categories 2 and 4 reported volumes are too small to chart. Categories 8 and 9 including the additional benefit do not contribute to the overall volume of used oil recycled. programme benefits commenced in January 2001, therefore the 2000–01 value was extrapolated from only six months data.

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2000–01 2001– 02 2002–03 2003–04 2004–05 2005–06 2006–07

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Category 1 Category 3 Category 5 Category 6

Figure 2: Annual volume of recycled oil in each category since the Product Stewardship for Oil Programme began


Oil recycling

Table 5: Product stewardship benefit payments by category in 2006–07

Category Benefit payments

Litres

1. re-refined base oil (for use as a lubricant or a hydraulic or transformer oil) that meets the specified criteria

$3,962,531 7,925,063

2. other re-refined base oils (for example, chain bar oil) 0 0

3. Diesel fuels that comply with the Fuel standard (automotive Diesel) Determination 2001, as in force from time to time

$202,958 2,899,404

4. Diesel extenders:

(a) that are filtered, de-watered and de-mineralised (b) that, if combined with diesel fuels, would produce a combined fuel

that complies with the determination mentioned in item 3

0 0

5. High grade industrial burning oils (filtered, de-watered and de-mineralised) $6,567,543 131,350.851

6. Low grade industrial burning oils (filtered and de-watered) $2,319,727 77,324,219

7. industrial process oils and lubricants, including hydraulic and transformer oils (re-processed or filtered, but not re-refined)

0 0

8. gazetted oil consumed in australia for a gazetted use 1 $1,174,949 21,562,663

9. recycled oil mentioned in item 5 or 6 that has been blended with a petroleum product that meets the criteria mentioned in schedule 2 of the regulations of the act 1

$4,593 48,060

additional benefit 1 July 2006 to 30 June 2007 2 $17,695,514 175,952,212

Amount of used oil recycled (excludes categories 8 & 9 and the additional benefit)

219,499,537

Total $31,927,815 417,062,472

1 Benefits paid under categories 8 and 9 including the additional benefit do not contribute to the overall volume of used oil recycled.

2 the additional benefit is separate from categories 1 to 9. all category 5 and 6 claimants will be eligible to claim the additional benefit. the additional benefit is the only benefit payment that may be claimed if another category of benefit payment (categories 5 or 6 only) has been claimed for the same recycled used oil.

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Transitional Assistance Grants Programme

The last round of transitional assistance grants was conducted in 2006–07 with the minister approving $0.91 million for 24 projects. In all, $34.5 million was provided from July 2000 to June 2007 for grants, projects, consultancies and partnerships for the provision of goods and services.

One aim of the grants programme was to remove structural barriers to oil recycling, such as lack of adequate infrastructure or technology. Funding also covered the operating costs of the Product Stewardship for Oil Programme, including the relevant running costs of the department, the Australian Taxation Office and the Oil Stewardship Advisory Council.

Grants were paid for the following:

• usedoilcollectioninfrastructure• raisingpublicawareness• developingtechnology• remoteandIndigenousprojects• developingmarketsforusedoilproducts.

Collection infrastructure

From 2001 to 2007 transitional assistance grants of $9.8 million helped to establish more than 950 waste oil collection units across Australia.

In 2006–07 more than $0.8 million was approved for used oil collection infrastructure, adding 40 waste oil collection units to the national network. Another grant will provide six units in the Lower Gwydir Valley.

The location of waste oil collection units is shown at www.oilrecycling.gov.au.

Raising public awareness

The department updates its public online database of waste oil collection facilities to ensure accurate information continues to be available to the Australian public. Grants recipients are also required to provide information to the public through websites and signage on waste oil collection units.


Oil recycling

TechnologyOver the life of the transitional assistance grants programme, more than $4.1 million has been provided for technology projects including:

• WrenOil’sprocessingplantthatwillenabledistillationresiduefromrecycledoilto be used in road bitumen

• theAustralianInstituteofPetroleum’snationwideinfrastructureprojectforthecollection and recycling of household plastic oil containers

• TranspacificIndustries’hydrogenationplantintheHunterValleytore-refineused oil.

Remote and Indigenous projects

Since November 2004, when the programme was extended to remote and Indigenous communities, more than $1 million has been provided for projects in these communities. The projects contribute to improved environmental health and Indigenous employment opportunities. They include used oil and integrated waste management projects on the Anangu Pitjantjatjara lands in South Australia and on Warabar Island in the Torres Strait.

In 2006–07 $0.16 million was provided for waste oil collection units in the Barkley Tablelands and a bulk storage facility at Alice Springs, in the Northern Territory.

Markets

In 2006–07 the programme provided more than $100,000 to the Australian Oil Recyclers Association to develop standards for burner oil to meet the requirements of both manufacturers and users and to develop a website that will make the standards available to industry. The aim is to facilitate trade in one of the products made from used oil.

Operating expensesThe department’s 2006–07 operating costs for the Product Stewardship for Oil Programme, including staff salaries and allowances, consultancies, advertising and other related expenses, were $773, 000.

The Australian Taxation Office’s operating costs for the programme were $289,800. Services provided by the Australian Taxation Office include processing registrations and claims for benefits, compliance monitoring and client liaison.

The department provided the Australian Taxation Office with an additional $50,000 from transitional assistance grants funding to cover costs associated with implementing the regulatory changes developed this year.

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The Oil Stewardship Advisory Council’s operating costs were $36,400. This includes all costs related to the activities of the council including venue hire, sitting fees, air fares and other travel costs and allowances.

Monitoring and evaluationIn February 2007 the department commissioned a review of the Product Stewardship for Oil Programme’s effectiveness following changes to excise arrangements for recycled oil. The review is expected to be completed early in 2007–08.

Movable heritage

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Movable heritage

Operation of the Protection of Movable Cultural Heritage Act 1986This annual report is prepared in accordance with section 47 of the Protection of Movable Cultural Heritage Act 1986 and covers the operation of the Act from 1 July 2006 to 30 June 2007.

Purpose of the Act

The Act regulates the export of cultural heritage objects from Australia. The purpose of the Act is to protect, for the benefit of the nation, objects which if exported would significantly diminish Australia’s cultural heritage. The Act also includes provisions that allow Australia to respond to an official request by a foreign government to return objects that have been illegally exported in contravention of that country’s cultural heritage laws.

TheActdefinescertainheritageobjectsas‘Australianprotectedobjects’andimplements a system of export control. Some Australian protected objects of Aboriginal, military heritage and historical significance cannot be granted a permit for export. Other Australian protected objects may be exported provided a permit or certificate has been obtained. Permits are granted by the Minister for the Environment and Water Resources on the advice of the National Cultural Heritage Committee and expert examiners. Heritage objects located overseas may also be defined as Australian protected objects under the Act, and a certificate of exemption may be issued for such an object to enter Australia and return overseas without restriction.

The Protection of Movable Cultural Heritage Act 1986 was passed as the necessary implementing legislation prior to Australia’s accession on 30 January 1990 to the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970).

National Cultural Heritage Control List

The National Cultural Heritage Control List sets out the categories of objects classed as Australian protected objects and the criteria defining each of these categories. These criteria include historical association, cultural significance to Australia, representation in an Australian public collection, age and financial thresholds. The control list includes Class A and Class B objects.

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Class A objects are significant Australian heritage objects that cannot normally be exported from Australia. They include:

• someofthemostsignificantitemsofAboriginalandTorresStraitIslanderheritage: bark and log coffins, human remains, rock art, dendroglyphs (carved burial and initiation trees), and sacred and secret ritual objects

• VictoriaCrossesawardedtoAustralianrecipients• objectscomprisingthesuitofarmourwornbyNedKellyattheeventknownas

the siege of Glenrowan in 1880.

If a Class A object is not in Australia and a person wishes to temporarily import the object, the minister may grant a certificate authorising the subsequent export of the object.

Class B objects which may be exported subject to a permit include:

• archaeologicalobjects• objectsofAboriginalandTorresStraitIslanderheritagenotcoveredunder

Class A • naturalscienceobjects• objectsofappliedscienceortechnology• objectsoffineordecorativeart• objectsofdocumentaryheritage• numismaticobjectsandmedalsnotcoveredunderClassA• philatelicobjects• objectsofhistoricalsignificancenotcoveredunderClassA.

Review of the Act’s Regulations and administration

The review of the Act continued in 2006–07. Issues raised by key stakeholders are being considered, with further targeted consultation with stakeholders in 2007–08.

Enforcement

The department continued to work closely with the Australian Federal Police and Australian Customs Service to ensure the enforcement of, and compliance with, the Act. The department responded to 80 enquiries on a diverse range of objects being exported and imported including heritage machinery, fossils and antiquities.

Objects illegally exported from another country in contravention of the cultural heritage laws of that country, and imported into Australia, may be subject to seizure and forfeiture to the Commonwealth for return to the requesting government.


Movable heritage

In 2006–07 the department liaised with foreign countries on cases involving such objects as fossils from China and Argentina, and decorated skulls from Indonesia and Malaysia. In December 2006 an illegally imported decorated Asmat skull was returned to the Indonesian Government at a formal ceremony at the Indonesian Embassy in Canberra. The department received support from the Australian Quarantine and Inspection Service, Australian Customs Service and the Australian Federal Police in the detection and recovery of this skull.

In May 2007 sixteen incised Dyak skulls were returned to the Sarawak Museum in Kuching, Malaysia. The skulls were seized under the Act in 2005 after being illegally imported into Australia. The Australian Quarantine and Inspection Service, Australian Customs Service and the Australian Federal Police supported the department in the detection and recovery of these skulls.

National Cultural Heritage AccountThe National Cultural Heritage Account was established under section 25 of the Protection of Movable Cultural Heritage Amendment Act 1999 and in accordance with the regulatory requirements of the Commonwealth Financial Management and Accountability Act 1997. Its purpose is to facilitate the acquisition of Australian protected objects for display or safekeeping.

Funding of $500,000 was allocated at Additional Estimates in 2006–07 to maintain the National Cultural Heritage Account.

This year, following advice from the National Cultural Heritage Committee, the minister approved funding for Australian cultural organisations to acquire the following objects:

• $2,000 to the Norfolk Island Museum Trust to acquire a c.1900 roll top desk with strong associations with the whaling and communications operations on Norfolk Island

• $31,360 to Museum Victoria to acquire two c.1890 drawings by Tommy McRae, Another Fight, and A Fight. These drawings are a rare and important record of Indigenousandnon-IndigenouscontactfromanIndigenousartist

• $200,000 to the South Australian Museum to acquire a rare early 19th century Wokali bark shield from the Adelaide Plains. No other Wokali shields of a similar quality are known to exist

• $15,500 to the Powerhouse Museum to acquire a c.1856 double bass made by John Devereux. John Devereux was Australia’s first professional maker of stringed, bowed instruments

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• $44,500 to the Powerhouse Museum to acquire the Australian Jockey Club’s 1950 Sydney Cup. This gold cup was made by WJ Sanders, Sydney’s leading producer of gold and silverware during the 20th century

• $110,000 to the Powerhouse Museum in Sydney to acquire a 1930 Genairco biplane aircraft. This aircraft is one of nine designed and constructed by the Australian company the General Aircraft Company

• $55,000 to the Nathalia and District Historical Society to acquire an 1884 Fowler steam traction engine, serial number 4841. This engine is one of the first steam traction engines to be used in the Victorian forestry and road transport industries and was used from the 1880s to the 1940s

• $32,000 to the Australian War Memorial to acquire seven sketchbooks from the official First World War artist Arthur Streeton.

1856 double bass made by John Devereaux. Photo: Powerhouse Museum

The Australian Jockey Club’s 1950 Sydney Cup. Photo: Powerhouse Museum

Rare early 19th century Wokali bark shield from the Adelaide Plains. Photo: South Australian Museum

Export permit applicationsA total of 97 applications were finalised which included the assessment of 4,593 objects (including 59 for letters of clearance). A summary of export applications processed in 2006–07 is at Appendix 1. The objects that were issued permanent and temporary export permits and certificates of exemption are described at Appendix 2.


Movable heritage

Permits for permanent export (including conditional permits)

Permits were issued to permanently export 21 Australian protected objects. In general, the exporters were seeking to sell the objects on the international market.

Permits for temporary export

Twelve permits were issued to allow the temporary export of 35 Australian protected objects for exhibition or assessment. Objects included two Conrad Martens sketchbooks, a 1925 Leyland F6 steam lorry and Australian stamps for an exhibitioninNewYork.

Letters of clearanceLetters of clearance may be issued for objects that have been assessed by expert examiners as not being Australian protected objects, and therefore do not require an export permit under the Act. Letters of clearance are normally issued by the department to assist with the clearance of these objects through Customs.

A total of 59 letters of clearance were issued covering 4,486 objects.

Refusal of export permits

Eight objects were refused an export permit.

An export permit was denied for a Torres Strait Island arrowhead on 6 July 2006. This is a rare arrowhead with a carved double human figure below the bone barbed point and tip. The arrowhead has traces of red pigment and is in excellent condition despite a missing shaft. There are no examples of the Janus double human figure in Australian museum collections.

A permit was refused for the 1972 painting Water Dreaming by Old Walter Tjampitjinpaon10July2006.Asaseniorlawmanand‘boss’forthekeyWaterDreaming site of Kalipinypa, Walter Tjampitjinpa was a key figure in the seminal period of Papunya Tula painting. The painting contains depictions of eight sacred boards, and significant elements of the Eagle dreaming. There are no other works of comparable quality by this artist available.

On 10 July 2006 an export permit was refused for the 1972 painting Women’s DreamingbyUtaUtaTjangala.Thesubjectmatterofthispaintingis‘womeninceremony’. Uta Uta Tjangala was a key figure in the early development of Papunya Tula art and went on to become the most significant artist in its entire history. The painting includes sacred and secret content in relation to women’s ceremonies.

A permit was refused on 20 December 2006 for the export of the 1972 painting Wild Potato Dreaming by David Corby Tjapaltjarri. He was the youngest of the early painters at Papunya 1971–1972, but Tjapaltjarri approached his work on

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the basis of considerable ceremonial experience. He was a respected Nyunkari (traditionalhealer)withastrongknowledgeofthecountrytothenorth-westofPapunya. This work shows the evolution of his decorative style and is critical to an understanding of this aspect of his artistic development. The work depicts the Wild Potato ceremony and contains explicit secret and sacred elements which are usually withheld from public display. The painting is an unusually explicit representation of the ceremony and a fine example of Tjapaltjarri’s delicate work.

A 1974 Papunya board painting, Men’s Corroboree Dreaming in a Cave by Anatjari III Tjakamarra, was refused an export permit on 21 December 2006. Anatjari III Tjakamarra is one of the most distinctive and highly regarded of the pioneering Papunya painters. He was the first Australian Indigenous artist to have a solo exhibition in North America, and the first Australian Indigenous artist to enter the Metropolitan Museum of Art’s contemporary art collection. This painting has secret and sacred material, depicting ceremonial participants and objects. There is only one work by Anatjari III Tjakamarra in a public collection that resembles this painting. This painting is of particular importance to the Pintupi people to whom it has the highest level of cultural significance.

On 22 December 2006 an export permit was refused for Untitled (ceremony), a bark painting by Charles Mardigan. This painting shows Mardigan’s high level of skill with a combination of figurative elements, ceremonial boards and an extended colourpalette.ThispaintingisofparticularimportancetotheMurrinh-pathapeopleof Wadeye, Northern Territory. Its unusual and skilled imagery ensures that this painting has continued meaning and remains a tool for conveying an understanding oftraditionalculturalknowledge.TheMurrinh-pathapeoplearereliantonrareexamples such as this painting as much of their traditional activity was disturbed or destroyed by the Catholic mission in the 1900s. There is a small amount of Mardigan’s work and of Wadeye art of this period in Australian public collections.

On 12 January 2007 an export permit was denied for the 1972 painting Budgerigar Dreaming by Kaapa Tjampitjinpa. The work depicts a ceremony for young boys and is regarded as Kaapa Tjampitjinpa’s masterpiece. The painting is an important record of the cultural and artistic achievement of a unique episode in Australian history. Tjampitjinpa is regarded as a highly significant artist in the development of the Papunya Movement and in contemporary Indigenous art. There are very few of his works in Australian public collections.

On 18 June 2007 an export permit was denied for the c.1950 painting Moorool the Dreaming Man by Nym Djimurrgurr. The subject, an ancestral story of little mimi, is unusual in style, not typical of the Jawoyn people of Western Arnhem Land. There is documentation that links the subject and style to the earliest bark painting collected in Western Arnhem Land in 1912. Works by Nym Djimurrgurr are rare and works of this period, the 1950s, are rare and culturally important to both the Indigenous and the wider Australian community. There are few of Nym Djimurrgurr’s works in public collections.


Movable heritage

Applications withdrawn

Seven applications were withdrawn.

Certificates of exemption

Four certificates of exemption covering 39 objects were issued. Certificates of exemption allow Australian protected objects that are currently overseas to be importedintoAustraliaandsubsequentlyre-exported.OwnersofAustralianprotected objects located overseas are encouraged to repatriate them to Australia for display or sale. Objects imported for exhibition allow the Australian public access to elements of their cultural heritage that would otherwise be unavailable.

National Cultural Heritage CommitteeThe National Cultural Heritage Committee is appointed under the Act to advise the minister in respect to the operation of the Act, the National Cultural Heritage Control List, and the National Cultural Heritage Account. Members serve terms of up to four years, and are eligible for reappointment.

Table 1: Membership of the National Cultural Heritage Committee in 2006–07

Member Date/term of appointment

Chair Mr Craddock Morton, Director, national Museum of australia appointed 9 March 2006 for 4 years

professor Daryl Le grew, Vice Chancellor, university of tasmania appointed 27 March 2006 for 4 years

Mr simon Molesworth aM QC, barrister-at-law, Victoria re-appointed 25 May 2006 for 4 years

Ms Deborah tranter, Deputy Director, Cobb and Co Museum, Queensland

Member until 12 July 2008

Ms Jennifer sanders, associate Director, powerhouse Museum, sydney Member until 12 July 2008

Dr susan Marsden, historian, south australia Member until 23 april 2008

Ms Kylie Winkworth, museum and heritage consultant, nsW re-appointed 31 July 2006 for 4 years

Ms avril Quaill, principal project officer, Queensland indigenous arts Marketing and export agency

re-appointed 31 July 2006 for 4 years

Mr Bill Bleathman, Director, tasmanian Museum and art gallery Member until 25 February 2007

Ms anne-Marie schwirtlich, Ceo and state Librarian, state Library of Victoria

appointed 9 May 2007 for 4 years

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Thecommitteeheldthreeface-to-facemeetings(25October2006,23 February 2007 and 7 June 2007) and one teleconference (30 January 2007) to consider applications for export permits and for funding from the National Cultural Heritage Account. Committee business was also conducted out of session, including the consideration of export applications and funding applications and advice to the minister on the significance of collections under the Act.

Committee-relatedexpenditurefor2006–07was$38,404 which included sitting fees and travel and accommodation costs for attendance at meetings.

As part of the committee’s outreach activities, a workshop was organised in conjunction with the Research School of Humanities at the Australian National University and the National Museum of Australia. The workshop took place on 22 March 2007 at the National Museum of Australia in Canberra and considered significance criteria, thresholds, heritage objects and the Protection of Movable Cultural Heritage Act 1986. It was attended by over 80 people from museums, universitiesandgovernmentheritageagenciesacrossAustralia.Afollow-upworkshop was held in Brisbane on 6 June 2007 at the Queensland Museum’s Workshops Rail Museum in Ipswich to consider revised guidelines for the assessment of export permits and funding applications under the Act.

Register of Expert Examiners

The Register of Expert Examiners was maintained by the committee in accordance with section 22 of the Act. The committee regularly invites individuals with appropriate expertise to be included on the register to broaden the expert advice available to the committee.

The committee wishes to express its sincere gratitude to the expert examiners for giving the benefit of their wide experience and practical support throughout the year. Their specialist knowledge and advice in preparing reports for consideration by the committee and the minister are vital in protecting Australia’s significant movable cultural heritage, as is the specialist advice they provide to the Australian Customs Service and the Australian Federal Police.


Movable heritage

Appendix 1—Summary of export applications and assessments in 2006–07

Export applications Number of applications Number of objects

applications brought forward as at 1 July 2006 32 1,969

applications received during 2006–07 90 4,606

active applications during 2006–07 136 6,550

applications finalised during 2006–07 107 4,593

applications carried over as at 30 June 2007 19 1,957

Outcomes of applications finalised Number of outcomes Number of objects

permanent export permits issued 20 21

temporary export permits issued 12 35

Conditional permits issued 0 0

Letters of clearance issued 59 4,486

Certificates of exemption issued 4 39

permits refused 8 8

applications withdrawn 7 8

Total outcomes 221 4,596

Appendix 2— Permits issued in 2006–07

Permanent export permits—description Finalised

1944 Buffalo MK4 (LVt4) tracked landing vehicle 07/07/2006

1943 general stuart M3 a1 light tank 07/07/2006

1944 ¼ ton 4x4 Ford gpa amphibious jeep 07/07/2006

c1960 Centurion tank 20 pound gun 07/07/2006

c1960 Centurion tank 07/07/2006

1944 Bedford twin six twelve cylinder petrol engine for Churchill tank 07/07/2006

1942 Ford truck, 3 ton, breakdown 25/08/2006

1944 indian Chief motorcycle 1200cc 25/08/2006

rainforest shield, north Queensland 20/12/2006

painting c1960 Kunapipi Sacred Ceremony by samuel Wagbara 04/12/2006

painting c1962 Shellfish attributed to gulwarr 14/02/2007

133

Mov

able

her

itage

Permanent export permits—description Finalised

painting c1960 untitled (spirit figures), artist unknown 15/12/2006

painting c1950s Nulgoorook and Wife by Mandidja 04/12/2006

painting c1950s Two Figures, artist unknown 14/12/2006

a fragment of an ordinary chondritic meteorite and a fragment of a mesosiderite meteorite

22/12/2006

Foden double-crank compound steam traction engine c1908 02/04/2007

parts of a Foden double-crank compound steam traction engine c1908 02/04/2007

australian Cruiser tank Mk 1 (aC1) ‘sentinel’ 03/01/2007

painting 1971 Bush Tucker Story by old Walter tjamptjinpa 07/05/2007

painting Untitled Spirit Figure c.1900 unknown artist (Western arnhem Land) 16/05/2007

Temporary export permits—description Finalised

stamps: postage rates of Victoria—128 pages for exhibition 13/09/2006

stamp collection of nsW: sydney views, laureates and diadems 13/09/2006

1854–1912 postal rates of Victoria 16/10/2006

1914–1936 australian airmail covers 16/10/2006

1851–1933 trade exhibitions (documentation on australian postal history) 16/10/2006

sketchbook of water colours and pencil sketches dated between 1835 and 1836, george Frederick Dashwood

31/10/2006

sketchbook number ii: Madeira, 1833 by Conrad Martens

Beagle sketchbook iV, 1834 by Conrad Martens31/10/2006

1914 Hotchkiss fire engine 22/12/2006

18 philatelic items in the arthur W gray collection of kangaroo and map series stamps

16/02/2007

1925 Leyland F6 steam lorry 02/04/2007

1970 yacht Gretel 11 04/05/2007

23 indigenous artworks for temporary exhibition overseas prior to auction 07/05/2007

Certificates of exemption—description Finalised

35 objects of ashes cricket memorabilia from the Marylebone Cricket Club, Lord’s Cricket ground for a travelling exhibition

27/09/2006

racing car type Bt4 Climax used by Jack Brabham to win the 1963 australian grand prix

09/11/2006

Watercolour painting on paper, c.1952 by albert namatjira 02/04/2007

painting Yipa Story, 1981, by Johnny Warangkula tjupurrula 18/06/2007

Appendix 2 —Permits issued in 2006–07 (continued)

Water efficiency

135


Water effi

ciency

Operation of the Water Efficiency Labelling and Standards Act 2005This annual report is prepared in accordance with section 75 of the Water Efficiency Labelling and Standards Act 2005. It covers the operation of the Act from 1 July 2006 to 30 June 2007.

Purpose of the ActThe Commonwealth Water Efficiency Labelling and Standards Act 2005 was passed in March 2005 and came into effect on 1 July 2005. The Water Efficiency Labelling and Standards (WELS) scheme is a national regulatory system administered by the Australian Government Department of the Environment and Water Resources on behalf of all Australian governments.

The scheme is funded from industry registration fees and contributions from federal, state and territory governments. Industry must register products that come under the scope of the scheme with the WELS Regulator (the Secretary of the Department of the Environment and Water Resources).

Since 1 July 2006 products identified under the WELS scheme must be tested for their water efficiency and display a water efficiency rating label for sale in Australia. The products identified under the scheme are:

• showers• dishwashers• clotheswashingmachines• lavatoryequipment• tapequipment• urinalequipment• flowcontrollers(registrationofflowcontrollersisoptionalatthisstage).

In early 2007 a minor amendment to the Act came into effect that changed the way that the WELS Standard (AS/NZ 6400: 2005 Water Efficient Products—Rating and Labelling) can be called up under a WELS determination. The standard can now be called up by reference, rather than having to be set out in full as a schedule to the determination.

RegistrationsSince 1 July 2005 the scheme has registered 7,759 products, of which 4,161 were registered in 2006–07.

137

Wat

er e

fffici

ency

Intergovernmental agreement and declarations

In March 2005, Environment Protection and Heritage Council ministers representing all jurisdictions in Australia signed an agreement which outlined the roles and responsibilities of jurisdictions for implementing the WELS scheme.

The agreement encouraged each state and territory government to submit legislation to its parliament to form part of the scheme, in order to ensure that the scheme applies consistently to all persons, things and activities within Australia. By 30 June 2006 the corresponding legislation of New South Wales, Victoria, Tasmania and the Australian Capital Territory had been declared. The corresponding legislation of the remaining jurisdictions was declared in 2006–07, with the process completed in April 2007.

Determinations and standards

In 2006–07 the department facilitated a number of amendments to the WELS Standard (AS/NZ 6400: 2005 Water Efficient Products—Rating and Labelling). The amendments were finalised through the Standards Australia committee process in February 2007. The amendments:

• clarifythatonlythoseperformancerequirementsofsupportingproductstandards that relate to water efficiency are called up under the Water Efficiency Labelling and Standards Act 2005

• moreclearlyarticulatethelabellingrequirementsforplumbingproducts• clarifytheterm‘offerforretailsale’• clarifywhentheschemecommencedandwhenproductregistrationsaretooccur.

Communication

During 2006–07 the department’s Community Information Unit received 1,400 telephone calls requesting information about WELS. Many of the calls were from suppliers seeking information about their obligations under the scheme. WELS staff provided individual assistance, particularly giving guidance on product registrations. The online registration system was improved to make the process easier for applicants.

The department also remodelled the WELS website to make it easier to navigate. As the department receives many enquiries about the availability of rebates on WELS products, and these are not the domain of WELS, the Water Services Association of Australia was contracted to develop a list of rebating authorities. This list is now available via a link from the WELS website.


Water effi

ciency

Compliance activitiesThe department worked with industry to ensure they were in compliance with the requirements of the WELS scheme after the 1 July 2006 mandatory commencement date. It focused on informing suppliers of their obligations and assistingthemtobecomeWELScompliant,particularlyinthelead-uptotheendofthe grace period for unlabelled plumbing products on 31 December 2006.

The department acted in response to allegations made to the WELS Regulator or throughself-reporting.WELSinspectorsalsoundertookinspectionsandfollow-upmonitoring in several states and the Australian Capital Territory.

The department prioritised and assessed all allegations for possible action in accordance with its compliance and enforcement policy. Compliance management agreements have been finalised and implemented with several companies. These agreements require that the company concerned takes specific action to rectify errors or otherwise comply with the requirements of the scheme.

Further development of the WELS schemeIn November 2006 the Environment Protection and Heritage Council agreed to a long-termprogrammeofworktoexaminethepossibleintroductionofminimumperformance standards for clothes washing machines, showers and urinals, and to raise the minimum standard for toilets; and to explore the possible inclusion of other water using products in the scheme.

index

141


Index

AAboriginal Australians, see Indigenous

Australians/communitiesaccredited state/territory assessments, 11, 57, 62,

65, 67–8 matters of national environmental

significance, 9activity category, referrals by, 60Acts, see legislationAdditional Estimates, 126Adélie penguins, 31Administrative Appeals Tribunal, 55Administrative Decisions (Judicial Review)

Act 1977, 55advice on authorising actions, 10–11, 63advisory committees, 25–7, 74–7 fuel quality, 85, 87 movable heritage, 130–1 oil product stewardship, 113, 121 see also Threatened Species Scientific

Committeeagriculture, 25 land clearing, 53air conditioning and refrigeration equipment,

103, 104, 105, 107aircraft, 127airports, 63Alice Springs, 120ambassador agreements, 37Anangu Pitjantjatjara lands, 120Another Fight, 126Antarctica, 7, 54 ozone layer, 102 permits issued, 31 referrals and referral decisions, 59ants, tramp, 34Anvil Hill Project Watch Association, 54Anzac Cove, 6ANZAC Day, 44appeals against decisions, 54–5Appropriation (Supplementary Measures) Act

(No. 2) 1999, 112approvals, 17, 57, 62, 63–4 Commonwealth land/actions involved, 9 fuel quality, 85, 88–91 investigations after, 53 by jurisdiction, 59 late, 78 national environmental significance matters, 9 see also permits

Approvals and Wildlife Division, 5, 6

aquaculture, 38

ARAZPA, 37

Argentina, 126

Arnhem Land, 31

arrowhead, 128

artificial propagation programmes, 38

artworks and artefacts, 126, 127, 128–9

Ashmore Reef National Nature Reserve, 13

Asian elephants, 37

Asmat skull, 126

assessment and approval process, 14–21

heritage, 39

threatened species and ecological

communities, 29–30

assessment reports, 57

late, 78

assessments, 16–17, 62, 65–70, 78

cetacean permits, 72

Commonwealth land/actions involved, 10

fisheries, 20, 72

heritage, 42, 44

movable heritage export applications, 127, 132

national environment significance matters, 9

assisted reproductive technologies, 37

audit programmes, 17, 48–9

Australasian Environmental Law Enforcement

and Regulation Network, 48

Australasian Regional Association of Zoological

Parks and Aquaria, 37

Australian Acupuncture and Chinese Medicine

Association, 21

Australian Antarctic Division, 28, 34

permits issued by, 31

Australian Antarctic Territory, 7, 54

see also Antarctica

Australian Broadcasting Commission, 45

Australian Capital Territory, 25

Commonwealth heritage places, 44, 45–6

Commonwealth land/actions involved in

proposals, 10–11

national heritage places, 43

referrals and referral decisions, 59

hreatened species, 30

water efficiency labelling and standards,

137, 138

Australian Centre for Applied Marine Mammal

Research, 28

143

Inde

x

Australian Customs Service, 45, 51, 110, 114, 126 customs tariff levy collections, 115 officers attending wildlife trade training

sessions, 38 procurement of vessel, 13 prosecutions by, 54Australian Federal Police, 51, 126Australian Film Commission, 45Australian Fisheries Management Authority, 32, 53Australian Football League, 44Australian Fossil Mammal Sites, 41Australian Heritage Council, 23, 27, 39, 40, 77 Commonwealth heritage value advice, 45 national heritage assessments, 42Australian Heritage Council Act 2003, 27, 39Australian Institute of Petroleum, 82, 120Australian Jockey Club, 127Australian National Audit Office report, 5–6, 50Australian National Commission for UNESCO, 46Australian National Guidelines for Whale and

Dolphin Watching 2005, 32Australian National University, 45 Research School of Humanities, 131Australian Oil Recyclers Association, 120‘Australianprotectedobjects’,124–5Australian Quarantine and Inspection Service,

38, 126Australian Refrigeration Council, 104Australiansea-lion,34Australian snubfish, 28‘Australianspirit’communicationstheme,44Australian Taxation Office, 110, 112, 114 Commissioner of Taxation, 113 operating expenses, 120Australian War Memorial, 127authorising actions, advice on, 10–11, 63aviation, 63 movable heritage, 127

BBald Hills Wind Farm, 55baleen whales, 28bark paintings, 129bark shield, 126Barkley Tablelands, 120Barton, ACT, 30Basel Convention, 94, 95Batavia Shipwreck Site and Survivor Camps Area

1629, 12, 43beak and feather disease, 34beluga sturgeon, 6

benefits paid to oil recyclers, 110–13, 116–18 registration numbers, 114bilateral agreements, 9, 11, 57, 62, 65–6, 68–9 international, 35, 37 Species Information Partnerships, 12biodiversity conservation, 28–38, 70–2 climate change impacts, 26 strategic planning, 24–5 see also threatened species and ecological

communitiesbiofuels, 83–4, 84Biofuels Taskforce report, 83, 84Biological Diversity Advisory Committee, 26, 75bioregional planning, 7–8, 12–13, 23, 29biosphere reserves, 46–7biplane aircraft, 127birds, 31, 33, 34–5, 50 illegal imports, 51, 53 migratory, 31, 35bitumen, 120Blue Mountains, 12, 41blue whales, 28, 32bluegrass, 30Bonney Upwelling, 28, 32booby birds, 31Booderee National Park, 54, 84Border Ranges region, 33breeding programmes, 37, 38Brewarrina Fish Traps, 12Brickendon Estate, 40Brigalow Belt, 30bromochloromethane, 103Brown, Senator Bob, 55Budgerigar Dreaming, 129Budget 2007 measures, 5Bukit Tigapuluh Park, 37Burrup Peninsula, 23, 42bycatch, 34–5

Ccalendar, 44Canberra, see Australian Capital TerritoryCanberra International Airport, 10–11, 30capacity building, 107 see also education and trainingCape Inscription Area, 43captive breeding programmes, 37, 38carbon tetrachloride, 103Cardell Shire, 24Carlton Gardens, Melbourne, 39Cascades Female Factory, 40


Index

Caspian Sea beluga sturgeon, 6cassowaries, 50cats, 34Central Eastern Rainforest Reserves, 9, 41Certificate IV in Investigation and Statutory

Compliance, 52certificates of exemption, movable heritage, 130cetaceans, see whales and other cetaceansChina, 35, 125Chinese medicines, 21chlorofluorocarbon(CFCs),103,105Christmas Island, 18, 31, 34, 59chytrid fungus, 34CITES, 6, 22, 35, 36, 37civil penalty applications, 54climate change, 26, 103clothes washing machines, 138Coal Mines Historic Site, 40‘coastalandmaritimeheritage’communications

theme, 43Cockatoo Island Convict Site, 40Cocos (Keeling) Islands, 33, 54, 59Cod Grounds Commonwealth Marine Reserve, 47collection infrastructure for recycled oil, 119commercial import programmes, 6, 36, 38Commissioner of Taxation, 113Commonwealth Director of Public Prosecutions

referrals, 52, 53Commonwealth Environment Research Facilities

programme, 28Commonwealth heritage, 44–6, 79 proposals impacting on heritage values, 10Commonwealth land/actions, 10–11, 61Commonwealth marine reserves, 29, 47 referrals and referral decisions, 59Commonwealth Scientific and Industrial

Research Organisation, 45, 84communication with stakeholders, 21–7, 120, 137 National Heritage List themes, 43–4 see also publications; workshops and

presentationsCommunities for Communities newsletter, 22Community Information Unit, 137complementary medicine, 21compliance, see monitoring and compliancecompliance auditing programme, 48–9conditions attached to approvals, 17, 57, 62conferences, 48, 95 see also workshops and presentationsconservation agreements, 38

conserving biodiversity, see biodiversity conservation

consultative mechanisms, see advisory committeescontrolled actions, 9–11, 14–19, 57–70 referrals resulting from active compliance

intervention, 49–50 review of decisions, 54–5 see also approvals; assessments; referralscontrolled substances licences, 103, 104, 106, 107conventions, see international conventions and

agreementsconvict sites, 40cooperative conservation programmes, 36, 37Coorong and Lakes Alexandrina and Albert

Ramsar site, 46Coral Sea Fishery, 30courts and prosecutions, 6, 52–5crabbing, 54criminal offences provisions, 6, 54crocodiles, 31CSIRO, 45, 84cultural heritage objects, 124–35Customs, see Australian Customs ServiceCustoms Tariff Amendment (Product

Stewardship for Waste Oil) Act 2000, 112

DDampier Archipelago, 23, 42Darlington Precinct, 40databases, 21, 32, 49, 119dead specimen collections, 31Defence Explosive Factory, Maribyrnong, 45Department of Agriculture, Fisheries and

Forestry, 13Department of Defence, 31Department of Immigration and Citizenship, 46Department of Parliamentary Services, 45–6desk, roll top, 126detentionofnon-citizens,13Devereux, John, 126Dhimurru Land Management Aboriginal

Corporation, 8diesel fuel, 82, 90–1 biodiesel blend standards, 84 product stewardship benefits, 111, 118diesohol, 83Director of Public Prosecutions referrals, 52, 53Dirk Hartog Landing Site 1616, 43Djimurrgurr, Nym, 129documentary film sponsorship, 22dolphins, 6, 28, 32

145

Inde

x

double bass, 126drawings, 126, 127, 128dugongs, 13, 28Duyfken voyage, 43dwarf kerrawang, 31Dyak skulls, 126

Ee-diesel, 83E5 and E10 fuel, 83–4earless dragons, 30East Asian–Australasian Flyway, 35east Australian humpback whales, 28Eastern ACT Grasslands, 44Echuca Wharf, 41ecological communities, 30, 53, 70–1ecologically sustainability reporting, 56Ediacara Fossil Site, 41 education and training, 48, 49, 51, 52 ACS and AQIS officers, 38 see also workshops and presentationsefficiency labelling, 136–8egg collection, 31elephant seals, 31, 34elephants, 37emergency national heritage listings, 42emperor penguins, 31end-useRegulations,104endangered species, see threatened speciesenergy generation and supply, 9enforcement, see monitoring and complianceengines, 127Environment Investigations Unit, 50–1environment protection, 2–79Environment Protection and Heritage Council, 138environmental impact assessments, 9–11, 14–19,

57–70 late assessment reports, 78 strategic planning, 23–5environmental impact statements, 57, 62, 65, 67, 78 guidelines finalised, 16EPBC Act Information Officer, 25essential use licences (section 40 exemptions),

103–7ethanol, 83–4ethics committee, 31eucalypts, 30, 31Excise Tariff Amendment (Product Stewardship

for Waste Oil) Act 2000, 112exemptions, movable heritage certificates, 130 under section 40 (essential use licences), 103–7 under section 303A, 35

exotic bird trade, 51, 53expenses, see financeExpert Examiners Register, 131exports and export permits hazardous waste, 91, 96, 98–9 movable heritage, 124–5, 127–30, 132–3 ozone depleting substances, 103 sustainable fishery assessments, 20, 72 wildlife, 37

Ffarming, see agricultureFederal Chamber of Automotive Industries

(FCAI), 83–4Federal Court of Australia, 54–5Federal Register of Legislative Instruments, 36fee income, see financefeedstock, 105feral animals, 34A Fight, 126film sponsorship, 22finance, 5 Australian Customs Service, 13 hazardous waste fee income, 96 movable heritage, 126–7, 131 ozone protection, 104, 106–7 Product Stewardship for Oil Programme,

110–21 water efficiency labelling and standards, 136Financial Management and Accountability Act

1997, 126Fire Protection Association of Australia, 104fish species, 28, 31, 34 see also sharksfishing and fisheries, 20, 32, 72 Brewarrina fish traps, 12 exemption from use of mandatory turtle

exclusion devices, 30 listed marine species permits, 31 prosecutions, 53, 54 threat abatement planning, 34 wildlife trade operations, 55Flemington Racecourse, 41Flinders Island, 55FloraFossilSite,Yea,41floraspecies,see native vegetationFlorey, Howard, 6foreign historic places, 6forest products, 6, 22forestry operations, Tasmania, 54, 55


Index

Forestry Tasmania, 55

fossil sites, 41

fossils, 126

Fowler steam traction engine, 127

foxes, 34

Framework Convention on Climate Change, 103

Fraser Island, 41

freedom of information, 55

Fremantle Prison, 40

freshwater sawfish, 34

frigatebirds, 54

Fuel Excise Reform, 112

fuel quality, 82–91

Fuel Quality Standards Act 2000, 82, 85

Fuel Quality Standards Regulations 2001, 82

fuel sampling, 85–6

Fuel Standards Consultative Committee, 85, 87

fur seal, 34

furniture, 126

GGarawarra State Conservation Area, 41

gazetted oil, 111, 118

Genairco biplane aircraft, 127

General Aircraft Company, 127

Germany, 37

ghaap, 6

ghost pipefish, 31

Glass House Mountains National Landscape, 42

Glenbrook RAAF Base, 44

goats, feral, 34

Gold Coast Hinterland Great Walk, 9

golden sun moth, 30

gorillas, 37

Government Domain, Parramatta, 40

Grampians National Park, 41

grass trees, 35

grassland earless dragon, 30

grasslands, 30, 44, 53

Great Barrier Reef, 24, 41

Great Barrier Reef Marine Park Authority, 13

Greater Blue Mountains, 12, 40, 41

great white shark, 34

grey nurse shark, 34, 47

growth areas, see residential development

guidelines, 16

in-houseexpertopinion,52

sustainablefloraharvesting,36

Gunns Limited, 54

Hhalon, 103

Halon Bank, 104, 107

handfish, 34

hazardous waste, 94–9

Hazardous Waste (Regulation of Exports and

Imports) Act 1989, 94, 95

health impacts of ethanol fuels study, 84

Heard Island and McDonald Islands, 7, 41

heritage management, 11–12, 27, 39–47

Ashmore Reef National Nature Reserve, 13

controlling provision for proposed actions, 9

Dampier Archipelago, 23

movable heritage, 124–35

prosecutions, 54

statutory timeframes, 79

heritage strategies, 45–6

High Court–National Gallery Precinct, 45

High Court of Australia, 46

Hoodia, 22

Houtman Abrolhos, 43

Humane Society International, 54, 55

humpback dolphins, 28

humpback whales, 28, 29

Hunter Valley, 120

Hyde Park Barracks, 40

hydrobromofluorocarbons(HBFCs),103

hydrochlorofluorocarbons(HCFCs),103,105,

106, 107

import phase out date, 102

hydrofluorocarbon(HFCs),103,106,107

hydrogeneration plant, 120

Iidentifying and monitoring biodiversity and

making bioregional plans, 28–9

illegal activities, 21–2, 51–4, 125–6

Implementation Strategy for the East Asian–

Australasian Flyway Partnership 2007–2011, 34

imports and import permits

hazardous waste, 91, 97, 99

lubricant oil, 110, 114

movable heritage, 130; illegal, 125–6

ozone depleting substances, 103, 105–6, 107

wildlife, 6, 38, 79

incidental catch (bycatch), 34–5

income, see finance

Indigenous Advisory Committee, 27, 76

147

Inde

x

Indigenous Australians/communities, 13, 27 heritage sites, 12 movable cultural heritage, 126, 128–9 waste oil management in remote

communities, 120Indonesia, 37, 126Indo–Pacific humpback dolphins, 28industrial oils, 111, 118insects, 30, 34intergovernmental cooperation, 11–13 recovery planning, 33–4 water efficiency labelling and standards, 137 whales and other cetaceans, 32 see also bilateral agreementsInternational Advisory Committee for Biosphere

Reserves, 47international capacity building, 107international conferences, 95international conventions and agreements hazardous waste, 94, 95 migratory species, 35 movable heritage, 124 ozone protection, 102–3, 107 Ramsar, 7, 46 wildlife trade, 6, 22, 35, 36, 37International Coordinating Council of Man and

the Biosphere, 47international movement of wildlife, see wildlife

tradeinvasive species, 10, 34inventories, 28investigations, 51–2, 53Investors for the Future of Tasmania, 54Ipswich Workshops Rail Museum, 131

JJapan, 35, 37 whaling activities, 54Jawoyn people, 129Johnstone Shire, 24

KKakadu National Park, 40, 41 biodiesel demonstration trial, 84 migratory species permits, 31 prosecutions, 54 weeds management, 10Kalgoorlie Post Office, 45kangaroos, 36, 55key threatening processes, 70King Island, 55

Kingston and Arthurs Vale Historic Area, 40, 45koalas, 37Kokoda Track, 6Korea, 35kraft pulp mill, Tamar Valley, 54Ku-ring-gaiChaseNationalPark,41Kuranda, 50

Llabelling, 136–8Lady Elliott Island, 45Lakes Alexandrina and Albert, 46land, Commonwealth, see Commonwealth land/

actionsland clearing, 53Lansen, Mr, 54Laverton RAAF Base, 44legislation, 52 fisheries, 53 fuel quality, 82, 85 hazardous waste exports and imports, 94, 95 heritage protection, 27, 39 movable heritage, 124, 125, 126 oil product stewardship, 110, 112, 113 ozone protection, 102, 103, 104 water efficiency, 136, 137legislation, amendments to, 4–7 Commonwealth marine reserves

management, 47 criminal offences provisions, 6, 54 detentionofnon-citizens,13 heritage management arrangements, 39, 44 stakeholder information sessions, 21 threatened species and ecological

communities assessment cycle, 29–30 whale and other cetacean permit

arrangements, 32, 33 wildlife trade provisions, 36legislative instruments, 6, 36letters of clearance, 128levies oil product stewardship, 110, 112, 114–15 ozone protection, 106, 107Leyland P6 steam lorry, 128licences for ozone depleting substances, 103–7lighthouses, 10Lion, Long and Spectacle Island Nature Reserves, 41List of Overseas Places of Historic Significance to

Australia, 6listed migratory species, see migratory species


Index

listed species and ecological communities, see threatened species and ecological communities

litigation and prosecutions, 6, 52–5long-finnedpilotwhale,28longline fishing, 34–5 Long Nature Reserve, 41Lord Howe Island Group, 41Lower Gwydir Valley, 119lubricant oil, 110–21

Mm-diesel,83McArthur River, 54McDonald Islands, 7, 41Macquarie Island, 7, 40, 41McRae, Tommy, 126Magnetic Island, 24Malaysia, 126management plans Commonwealth heritage places, 7, 43, 45 Commonwealth marine reserves, 47 national heritage places, 40, 42–3 Ramsar wetlands, 46 wildlife trade, 36, 55 world heritage properties, 12, 39–40managing heritage and protecting significant

areas, see heritage managementmanufacture of ozone depleting substances, 103,

106Mardigan, Charles, 129Maribyrnong Defence Explosives Factory, 45marine debris, 34 research project, 8Marine Division, 51marine environment, 61 bioregional planning, 7–8, 12–13, 23, 29 controlling provision for proposed actions, 9 reserves and protected areas, 29, 47; referrals

and referral decisions, 59 see also fishing and fisheriesmarine mammals survey, 28–9Marine Operations Team, 51marine species, 22, 31–3, 34, 51 sustainable harvest, 13 see also fish species; turtles; whales‘maritimeheritage’communicationstheme,43market development, 120Martens, Conrad, 128matters of national environmental significance,

9–10, 23–5, 50, 61Mawson’s Huts Historic Site, 7

Measures for a Better Environment package, 110medicine, 21Melbourne Cricket Ground ANZAC Day game, 44memoranda of understanding (MOUs), 12Men’s Corroboree Dreaming in a Cave, 129Mermaid Reef Marine National Nature Reserve, 54methyl bromide, 103, 105, 106, 107methyl chloroform, 103migratory species, 22, 31 controlling provision for proposed actions,

9, 18, 61 prosecutions, 54 wildlife conservation plans, 35military heritage, promotion of, 44mining, 14, 54 Christmas Island, 18 world heritage values controlling provision

for proposed action, 9ministerial guidelines, 16Mission Beach development zone, 24monitoring and compliance, 17, 48–55 Ashmore Reef National Nature Reserve, 13 biodiversity, 28–9 controlled action referrals resulting from, 14 fuel quality, 85–6 hazardous waste, 96 movable heritage, 125–6 Product Stewardship for Oil Programme,

114, 121 water efficiency, 138 see also permitsMontreal Protocol, 102–3, 107Moorool the Dreaming Man, 129Mornington Peninsula Shire Council, 43moths, 30motor vehicles, 128 fuel standards, 82–91MountLofty–Murray-DarlingBasinregion,34movable heritage, 124–33multiple consignment permits, 20multiple species recovery plans, 34, 71Murrinh-pathapeople,129Museum Victoria, 126musical instruments, 126

NNaracoorte Fossil Mammal Sites, 41Nathalia and District Historical Society, 127National Archives of Australia, 44National Capital Authority, 45National Cultural Heritage Account, 126–7

149

Inde

x

National Cultural Heritage Committee, 130–1National Cultural Heritage Control List, 124–5national environmental significance matters,

9–10, 23–5, 51, 61National Farmers’ Federation, 25National Gallery of Australia, 45, 46National Halon Bank, 104, 107national heritage, 41–4, 79 controlling provision for proposed actions, 61 convict sites on, 40 Dampier Archipelago, 23national heritage system, see heritage managementNational Library of Australia, 45National Museum of Australia, 131National Partnership Approach for the

Sustainable Harvest of Marine Turtles and Dugongs in Australia, 13

National Representative System of Marine Protected Areas, 29

National Strategy for the Conservation of Australia’s Biological Diversity review, 26

native vegetation, 33 controlling provision for proposed actions,

10, 18 ecological communities, 30 harvesting guidelines, 36Natural Heritage Trust, 28, 29Natural Resource Management Ministerial

Council, 32Nature Conservation Council of NSW, 55New South Wales, 25 bilateral environmental impact assessment

agreement, 11 Cod Grounds Commonwealth Marine

Reserve, 47 Commonwealth heritage nomination, 44 Commonwealth land/actions involved in

proposals, 10 fisheries assessments, 72 growth area strategic planning, 24–5 national heritage places, 41 oil recycling, 119, 120 referrals and referral decisions, 59 threatened species, 31, 33, 34 water efficiency labelling and standards, 137 wildlife trade operations, 36, 55 world heritage properties, 12, 39, 40, 41New South Wales Department of

Environment and Climate Change, 24–5New South Wales Ocean Trap and Line Fishery, 55New Zealand Wildlife Enforcement Group, 52

Newcastle, 10NFF, 25Nilpena, 41Nobbys Lighthouse redevelopment, 10non-citizens,detentionof,13Noosa, 47Norfolk Island, 34, 40, 45, 59Norfolk Island Museum Trust, 126North Australian Indigenous Land and Sea

Management Alliance, 8North-westMarineRegion,12–13Northern Prawn Trawl Fishery, 31northern river shark, 34Northern Rivers region, 34Northern Territory, 27 bilateral environmental impact assessment

agreement, 11 Commonwealth land/actions, proposals

involving, 10 national heritage places, 41 oil recycling, 120 referrals and referral decisions, 59 threatened species, 12, 31 world heritage properties, 40, 41Northern Territory Department of Natural

Resources, Environment and the Arts, 13Northern Territory Parks and Wildlife Service, 8not-controlledactions,14–15,59–60nuclear activities, 61

OOcean Trap and Line Fishery, 55Office of Australian War Graves, 46OfficeoftheOfficialSecretarytotheGovernor-

General, 45offshore seismic impacts on whales, 19, 28oil recycling, 110–21Oil Stewardship Advisory Council, 113, 121Old Government House, Parramatta, 40Old Great North Road, 40Old Parliament House, 43, 45Old Parliament House Gardens, 45olefin standard, 82operating expenses, see financeoptical fibre cable installation, 10orang-utan,37Orbital Australia, 83–4outposted officers, 50overseas historic places, 6oxy-diesel,83ozone protection, 102–7


Index

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995, 106

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, 102

Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995, 104, 105

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995, 106

Ozone Protection and Synthetic Greenhouse Gas (SGG) Account, 104, 106–7

PPacific Island countries, 107paintings, 128–9Papua New Guinea, 6Papunya Tula art, 128–9Parks and Wildlife Service Northern Territory, 8Parks Australia Division, 31, 45Parks Australia North, 10Parks Victoria, 43Parramatta, 40parrot beak and feather disease, 34Part 3 protected matters, 9Part 13, see threatened species and ecological

communitiesPart 13A, see wildlife tradePart 15, see heritage managementparticular manner decisions, 14–15, 59penalties, 54penguins, 31People’s Republic of China, 35, 126perfluorocarbon(PFCs),103,106permanent export permits, moveable heritage,

128, 132–3permits hazardous waste, 95, 96–9 movable heritage, 125, 127–30, 132–3 ozone depleting substance licences, 103–7 threatened species and ecological

communities, 30–1 whales and other cetaceans, 32–3, 72 wildlife trade and programmes, 20–1, 36–8personal accompanied baggage permits, 37Perth General Post Office, 45Perth Zoo, 37pests, 34petrol, 82, 88–90, 91 ethanol blend, 83–4PFCs, 103, 106phosphate mining, Christmas Island, 18photographic exhibition, 44Phytophthora cinnamomi, 34

pigs, feral, 34pilot whale, 28pipefish, 31plants, 6, 22 see also native vegetationPoint Nepean Community Trust, 43Point Nepean Defence Sites and Quarantine

Station Area, 43Policy Statement on the Interaction between

Offshore Seismic Exploration and Whales, 19Port Arthur, 40Portugal, 37post referral verification, see monitoring and

compliancePowerhouse Museum, 126–7pre-chargedequipment/equipmentlicences,

103–7preliminary documentation, assessments by, 57,

62, 65, 66–7 late assessment reports, 78 recommendation reports completed, 70presentations, see workshops and presentationsProduct Grants and Benefits Administration Act

2000, 112Product Stewardship for Oil Programme, 110–21Product Stewardship (Oil) Act 2000, 110, 112, 113Product Stewardship (Oil) (Consequential

Amendment) Act 2000, 112Product Stewardship (Oil) Regulations 2000, 112prosecutions and litigation, 6, 52–5protected areas, see heritage managementprotecting environment and heritage, 9–27, 57–70protecting species and ecological communities,

29–35Protection of Movable Cultural Heritage Act

1986, 124, 125, 126, 131public awareness, see stakeholder awarenesspublic environment reports, 57, 62, 65, 67 guidelines, 16 late assessment reports, 78publications, 73 Australian Heritage Council report of

operations, 27 fuel quality, 83 hazardous waste exports and imports, 96 NationalHeritageList‘Australianspirit’

communications theme, 44 State of the Environment report, 56 threatened species and ecological

communities, 22 whale and dolphin watching guidelines, 32 wildlife harvesting, 36

151

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pulp mill, Tamar Valley, 54Pulu Keeling National Park, 31Purnululu National Park, 40, 41

QQantas, 44Quarantine Station, Point Nepean, 43Queensland, 25 Commonwealth heritage places, 45 environmental impact assessments, 14 fisheries assessments, 72 national heritage places, 41, 42 Noosa biosphere reserve nomination, 46 referrals and referral decisions, 50, 59 strategic regional planning pilot, 24 threatened species, 31, 32, 33 world heritage properties, 12, 41Queensland Department of Primary Industries

and Fisheries, 32Queensland Environment Protection Agency, 13Queensland Museum, 131

RRAAF bases, 31, 44rabbits, 34rainforests, 18ramin timber, 6, 22Ramsar wetlands, 7, 9, 46, 61re-refinedbaseoil,111,118reasons, statement of, 16, 78RechercheBayNorth-eastPeninsula,43recommendation reports, 70reconsiderations of decisions, 14, 16, 58recovery planning, 6, 33, 71recycling oil, 110–21red-footedboobies,54referrals, 14–16, 57–60, 78 to DPP, 52, 53 resulting from active compliance

intervention, 49–50refrigeration and air conditioning equipment,

103, 104, 105, 107refusals, 18 commercial import programme, 38 hazardous waste applications, 99 movable heritage export permits, 128–9regional and local planning, 7–8, 12–13, 23–5, 29 threatened species recovery pilot projects, 33–4Regional Natural Heritage Programme, 37Register of Expert Examiners, 131registration, oil recyclers, 114 water efficiency (WELS) equipment, 136

Regulations, see legislationremote communities, 120reporting, 56reptiles, 31 smuggling of exotic, 52Republic of Korea, 35residential development, 14, 49 investigations and prosecution referrals, 53 strategic state and local planning, 24–5revenue, see financereview of decisions, 54–5Richmond Bridge, 43right whales, 28Rippon Lea House and Garden, 41risk assessment of Act administration, 50Riversleigh Australian Fossil Mammal Sites, 41road bitumen, 120rodents, exotic, 34roll top desk, 126root-rotdisease,34Royal Australian Air Force bases, 31, 44Royal Exhibition Building and Carlton Gardens, 39Royal National Park and Garawarra State

Conservation Area, 41Royal Society for the Prevention of Cruelty to

Animals (RSPCA), 37

SSanders, WJ, 127Sarawak Museum, 126sawfish, 34scalefish, 55sea dragons, 31sea horse, 31sea lions, 34sea snakes, 31sea turtles, see turtlesseabirds, see birdsseals, 28, 31, 34section 40 exemptions (ozone depleting essential

use licences), 103–7section 160 advice, 10–11, 63section 284 report, 33–5section 298 report, 35section 303A exemptions, 35section 516A reporting, 56section 518 report, 78–9sedge rich Eucalyptus camphora swamp

community, 30seismic impacts on whales, 19, 28seizures, 22, 53, 96, 125


Index

seminars, see workshops and presentationsShark Bay, 40, 41sharks, 22, 34, 47 wildlife trade operations, 55shield, 126showers, 138sketchbooks, 127, 128skulls, 126snubfin, 28South African ghaap, 6South Australia, 25 bilateral environmental impact assessment

agreement, 11 fisheries assessments, 72 national heritage places, 41 oil recycling, 120 Ramsar wetlands, 46 referrals and referral decisions, 59 threatened species, 12, 32, 34 world heritage properties, 41South Australian Museum, 126South-eastCommonwealthMarineNetwork,47South Korea, 35South Pacific countries, 107South-westMarineRegion,7–8,12Southern and Eastern Scalefish and Shark

Fishery, 55southern cassowary, 50southern elephant seal, 34southern right whales, 28, 29Southern Swan Coastal Plain, 24speartooth shark, 34species and communities, see threatened species

and ecological communitiesSpecies Information Partnerships, 12Spectacle Island Nature Reserve, 41spinyrice-flower,53squid, 54stakeholder awareness, 21–7, 119, 137 see also publications; websites; workshops

and presentationsstamps, 128State of the Environment report, 56state/territory assessments, see accredited state/

territory assessments; bilateral agreementsstatements of reasons, 16, 78statutory timeframes, 78–9 approvals, 17 assessments, 16–17, 78 hazardous waste exports and imports, 95 referrals, 14, 78 threatened species and communities, 29–30,

70, 79

steam traction engines, 127Stirling Range National Park, 42strategic planning, 23–5Streeton, Arthur, 127stringed musical instruments, 126sulfur levels in fuel, 82SumatraOrang-utanConservationProject,37surveys, see monitoring and compliancesustainable fisheries assessments, 20, 72sustainable wildlife industries, 36Sydney Cup, 127Sydney Harbour Bridge, 41Sydney Opera House, 39synthetic greenhouse gas replacements, 102–7

TTamar Valley, 54Tasmania, 25 Commonwealth heritage places, 44 fisheries assessments, 72 forestry operations, 54, 55 national heritage places, 41, 43 referrals and referral decisions, 59 threatened species, 28, 33; listing decisions

agreement, 12 water efficiency labelling and standards, 137 wildlife trade management plans, 36, 55 world heritage properties, 40, 41Tasmanian Department of Primary Industries and

Water, 15Tasmanian devils, 15Tasmanian Seamounts, 44Tasmanian Wilderness, 12, 41taxonomy, 26technology development, 120temporary export permits, moveable heritage,

128, 132terrestrial threatened species recovery plans, 33–4Thailand, 37The Thin Green Line, 22threat abatement planning, 34–5threatened species and ecological communities,

22, 26, 28–38, 70–1 Cod Grounds Commonwealth Marine

Reserve declaration, 47 controlling provision for proposed actions,

9, 18, 24, 50, 61 investigations and prosecution referrals, 53 matters to be addressed in relation to ANAO

report recommendations, 5–6 not-controlledactionsaffecting,15 Species Information Partnerships, 12 statutory timeframes, 29–30, 70, 79

153

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Threatened Species Scientific Committee, 22, 26, 74 nominations on which advice provided to

minister, 30, 70timeframes, see statutory timeframesTjakamarra, Anatjari III, 129Tjampitjinpa, Kaapa, 129Tjampitjinpa, Old Walter, 128Tjangala, Uta Uta, 128Tjapaltjarri, David Corby, 128–9toilets, 138Torres Strait, 120 arrowhead, 128Torres Strait Fishery, 31Torres Strait Islanders, see Indigenous

Australians/communitiesTorres Strait Regional Authority, 13tourism, 9Townsville City Council, 24trade hazardous waste, 94–9 ozone protection, 102–7 see also exports and export permits; imports

and import permits; wildlife tradetraining, see education and trainingtramp ants, 34transit permits for hazardous waste, 98Transitional Assistance Grants Programme, 119–20Transpacific Industries, 120transparency and public awareness, 21–7travelling photographic exhibition, 44trawling, 30treaties, see international conventions and

agreementstree ferns, 35Turkey, 6turtles, 22, 34 exemption from use of mandatory exclusion

devices, 30 marine debris impact study, 8 sustainable harvest, 13

UUluru–Kata Tjuta National Park, 41United Kingdom, 6United Nations Educational, Scientific and

Cultural Organization (UNESCO), 40, 46–7 moveable heritage convention, 124United Nations Environment Programme, 95United Nations Framework Convention on

Climate Change, 103United States, 83

United States Fish and Wildlife Service, 52Untitled (ceremony), 129urinals, 138used substance licences, 103, 104, 106

Vvegetation, see native vegetationvehicles, 128 fuel standards, 82–91Victoria, 25 Bald Hills Wind Farm, 55 Commonwealth heritage places, 44, 45 compliance investigations, 53 fisheries assessments, 72 national heritage places, 41, 43 referrals and referral decisions, 59 threatened species, 32, 33; listing decisions

agreement, 12 water efficiency labelling and standards, 137 world heritage properties, 39, 40Victorian Department of Primary Industries, 32Vienna Convention for the Protection of the

Ozone Layer, 103

Wwallabies, 55Warabar Island, 120Warrumbungle National Park, 41washing machines, 138waste, 94–9, 110–21 used ozone depleting substances, 103, 104, 106Water Dreaming, 128Water Efficiency Labelling and Standards Act

2005, 136water efficiency labelling and standards (WELS),

136–8water management and use sectors, 14websites, 21 oil stewardship, 120 WELS, 137Weddell seals, 31weeds, 10weight loss products, 22Western Australia, 25 Commonwealth heritage places, 45 fisheries assessments, 72 investigations and prosecution referrals, 53 marine bioregional planning, 12–13 national heritage places, 23, 40, 41, 42, 43 referrals and referral decisions, 59 strategic regional planning pilot, 24 threatened species, 12, 34 world heritage properties, 40, 41


Index

Western Australian Department of Environment and Conservation, 13

Western Australian Marine Science Institution, 13Wet Tropics of Queensland, 12, 24, 42wetlands, 7, 9, 46, 61whale shark, 34whale watching guidelines, 32whales and other cetaceans, 32–3, 72 injunction against Japanese activities, 54 international trade provisions, 6 seismic impacts on, 19, 28 surveys and monitoring, 28–9Wielengta area, 55Wild Potato Dreaming, 128–9Wilderness Society, 54wildlife conservation plans, 35Wildlife Protection Association of Australia, 55wildlife trade (international movement), 6, 20–2,

35–8 AAT reviews, 7 investigations and monitoring warrants, 51–2 prosecutions, 53–4 statutory timeframes, 79 sustainable fishery assessments, 20, 72

Willandra Lakes Region, 40

Williams RAAF Base, 44

Williamtown RAAF Base, 31

wind farms, 55

Wokali bark shield, 126

wombats, 37

Women’s Dreaming, 128

Woolmers Estate, 40

Working on Country programme, 27

workshops and presentations, 23

on ecological communities, 30

movable cultural heritage, 131

Workshops Rail Museum, 131

world heritage properties, 11–12, 39–40

controlling provision for proposed actions, 9, 61

Wren Oil, 120

YYeaFloraFossilSite,41

YorkPark,45

Zzoos and zoo animals, 37

department of the environment and water resources annual report 2006 - 2007, part 2

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