Department of Sustainability, Environment, Water, Population and Communities

Strategies

The Supervising Scientist

The Alligator Rivers Region, some 220 kilometres east of Darwin, contains a number of former, current and potential uranium mines, including:

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  Ranger, which is currently in operation
  
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  Nabarlek, where mining has ceased and rehabilitation is underway
  
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  Jabiluka, which has been in long-term care and maintenance since December 2003
  
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  the Koongarra Project Area, which was incorporated into the surrounding Kakadu National Park World Heritage Area by the United Nations Educational Scientific and Cultural Organization (UNESCO) World Heritage Committee in June 2011 and was incorporated into Kakadu National Park in February 2013.
  

The first three sites listed above are not part of Kakadu National Park. However, a number of small former uranium deposits that were mined during the 1950s and 1960s are located in what is now the southern portion of Kakadu National Park. The Supervising Scientist Division monitors and conducts research into environmental management at these sites.

To achieve its objectives, the Supervising Scientist Division:

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  Plays a key role in supervising the environmental aspects of regulatory arrangements applying to uranium mining within the region.
  
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  Works closely with the Northern Territory Government’s regulatory body and other stakeholders to ensure that regulatory decisions are based on the best available scientific knowledge.
  
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  Regularly audits and inspects existing and former uranium mine sites within the region.
  
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  Undertakes detailed, independent scientific investigations of incidents, breaches of approval conditions and environmental requirements of uranium mining operations.
  
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  Oversees the regulation of uranium mining in the region to ensure that the government and community can be confident that regulation is meeting expected standards.
  
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  Undertakes an ongoing independent, comprehensive, chemical, biological and radiological monitoring program designed to detect any potential effects of uranium mining in the region.
  
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  Undertakes targeted scientific research to optimise the monitoring programs and to provide early warning of any potential effects of uranium mining on the environment of the region.
  

Figure 1: Map of the Alligator Rivers Region, Northern Territory



Source: Supervising Scientist Division, 2011.

Heritage Grants Programs

The department administers a range of grants programs to provide funding and advice to support heritage protection, conservation and interpretation.

Your Community Heritage program

The Your Community Heritage program is aimed at helping the community tell its heritage stories, enhancing community engagement in heritage, bringing heritage online, protecting national heritage assets, and preserving and understanding skills at risk of being lost.

In 2012–13, $8.8 million (GST exclusive) over three years was provided to 232 projects to protect, conserve and enhance the values of significant historic heritage; enhance the resilience of heritage places to withstand natural disasters such as floods, bushfires, storms and earthquakes; and contribute to the management and the long-term sustainability of significant historic heritage sites.

In 2012–13 the program comprised the following subprograms:

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  Protecting National Historic Sites
  
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  Recovering from Natural Disasters
  
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  Commemorating Eminent Australians
  
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  Sharing Community Heritage Stories
  
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  Celebrating Community Heritage.
  

Indigenous Heritage Program

The department administers the Australian Government’s Indigenous Heritage Program—an ongoing competitive grants program providing $3.645 million annually to support the identification, conservation and promotion of Indigenous heritage. The program funds projects that aim to conserve or promote the Indigenous heritage values of places.

In 2012–13 the Indigenous Heritage Program provided funding totalling $4.9 million (GST exclusive) over three years for 53 projects across Australia including two strategic projects for the Australian World Heritage Indigenous Network and a project that holds commemorative ceremonies and erects headstones for Indigenous veterans.

Across Australia nine projects were funded in New South Wales; four in the Northern Territory; 14 in Queensland; seven in South Australia; five in Victoria; and 15 in Western Australia. These projects not only conserve and promote Indigenous heritage but also contribute to Closing the Gap on Indigenous Disadvantage.

Recipients include shire councils, land councils, Elders groups, National Trust groups and educational institutions.

Environmental impact assessment

The department works closely with proponents; state, territory and local governments; and other stakeholders, including consultants, to ensure that the requirements of the environmental assessment process under the EPBC Act are understood. Proponents are encouraged to engage with the department at an early stage of developing their project so that EPBC Act related issues can be highlighted and taken into account in a project’s planning.

Projects that most effectively achieve regulatory certainty under the EPBC Act are consistently characterised by:

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  Proponents engaging early with the department to ensure that EPBC Act obligations are fully understood and taken into account.
  
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  Proponents seeking to address EPBC Act requirements, where appropriate, at the same time as state or territory requirements, to maximise the opportunity to use accredited state and territory assessment processes where possible.
  
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  Projects using environmentally conscious design that avoids or minimises impacts such as habitat clearing.
  
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  Proponents providing high-quality information to regulatory agencies early in the assessment process.
  
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  Proponents engaging positively with the community.
  
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  Project outcomes clearly maintaining and enhancing the environment, including, where appropriate, providing additional habitat for threatened species.
  

Proponents are responsible for satisfying regulatory requirements under the EPBC Act before taking their proposed action. The proponent can initiate this process by submitting a referral for a determination on whether a proposed action will have or is likely to have a significant impact on matters of national environmental significance (MNES). If a significant impact on MNES is likely and further assessment necessary, the proposed action will be determined to be a controlled action and approval by the minister (or their delegate) will be required.

The EPBC Act provides for a case-by-case assessment that is most appropriate to the complexity and scale of the project by either the Australian Government or an accredited state and territory process. (See also ‘Bilateral agreements and administrative arrangements’).

Reform agenda

The Australian Government is working to deliver a simpler environmental protection system that has clearer standards and provides for faster decisions.

More specifically, in 2012–13 the department:

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  Continued improvement in administration of environmental law.
  
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  Implemented a client service charter for proponents (refer to the Legislation reporting chapter in this report, section 2.2: Environmental impact assessment).
  
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  Produced more guidance on species and ecological communities (refer to the Legislation reporting chapter in this report, section 1.1: Threatened species, ecological communities and migratory species).
  
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  Continued to work closely with states, territories and industry to increase the use of strategic assessments (refer to the Legislation reporting chapter in this report, section 2.1: Strategic assessments).
  
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  Reviewed assessment bilateral agreements and administrative arrangements to improve efficiency and reduce duplication (refer to the Legislation reporting chapter in this report, section 2.1: Bilateral agreements).
  

Strategic assessments

In 2012–13 strategic assessments continued to break new ground in promoting ecologically sustainable development and facilitating adaptive management methodologies. These approaches are collaborative between tiers of governments and have the capacity to better align Commonwealth and state/territory processes while achieving ecological sustainability through consideration of environmental assets at the landscape scale. Strategic assessments also provide a tool for reducing regulatory burden by considering Commonwealth and state/territory environmental planning issues in a single assessment process.

Under section 146 of the EPBC Act, the minister may agree to assess the impacts of action under a policy, plan or program, including, but not limited to:

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  regional-scale development plans and policies
  
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  large-scale industrial development and associated infrastructure
  
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  fire, vegetation, resource or pest management policies, plans or programs
  
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  water extraction and use policies
  
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  industry sector policies.
  

Within this context a strategic assessment can cover any number of projects that would otherwise need to be separately assessed under the EPBC Act.

Strategic assessments give greater certainty to developers, landholders, planners, industry, governments and the community, as they allow for individual future developments to proceed without further assessment if they are consistent with the approved policy, plan or program.

In 2012–13 the Australian government entered into four new strategic assessments: Urban development at Gungahlin, Australian Capital Territory; Biodiversity plan for coal mining in the Upper Hunter Valley, New South Wales; BHP Billiton iron ore expansion for the Pilbara, Western Australia; and Hamersley Iron Pty Ltd (Rio Tinto) iron ore expansion for the Pilbara, Western Australia.

In 2012–13, the urban development at Gungahlin, Australian Capital Territory was endorsed; the Midlands Water Scheme, Tasmania was approved; and the development at Heathcote Ridge, New South Wales was endorsed and approved, all under a strategic assessment.

Work also continued on five strategic assessments: Great Barrier Reef World Heritage Area, Queensland; Perth and Peel regions, Western Australia; Melbourne urban growth corridors, Victoria; Browse Basin LNG Precinct, Western Australia; and fire management policy, South Australia.

Bilateral agreements and administrative arrangements

A key function of bilateral agreements is to reduce duplication of environmental assessment and regulation between the Commonwealth and the states and territories. Bilateral agreements allow the Commonwealth to accredit particular state and territory assessment processes. To be accredited, state and territory processes need to meet best practice criteria set out in the EPBC Act and its regulations. If proposed actions are covered by an assessment bilateral then they are assessed under the accredited state and territory processes. After assessment, the proposed actions are approved by the minister under the EPBC Act. There are currently bilateral assessment agreements with all states except New South Wales.

Preserving the marine environment from pollution

The Sea Dumping Act fulfils Australia’s international obligations under the London Convention and Protocol, which aims to protect and preserve the marine environment from pollution, especially from dumping at sea. During 2012–13 the department issued 10 sea dumping permits and nine variations.

Species and ecological community listings and information

The Australian Government has formal and informal partnerships with all states and territories to improve the alignment of state, territory and national lists of threatened species.

Work is also progressing in some states to assess ecological communities that have been identified as the highest priority for potential listing as a matter of national environmental significance under the EPBC Act. During 2012–13 the department completed an assessment of one state-endemic ecological community in Western Australia and one in South Australia.

The minister decides whether to list a species or ecological community as threatened under the EPBC Act upon consideration of advice from the Threatened Species Scientific Committee (TSSC).

In 2012–13, based on assessments completed by the TSSC, 13 species and 6 ecological communities were listed and 14 species were transferred from one category of threat to another. At 30 June 2013 a further 120 species and 15 ecological communities were having their threat status assessed. More detail on the listings is provided in the report on the operation of the EPBC Act.

Permit approvals and wildlife management

The international movement of wildlife and wildlife products is regulated under the EPBC Act. The Act provides for the regulation of export trade in specimens derived from regulated native species, imports and exports of species listed under the CITES, and the import of regulated live animals. Export approval can be given for commercial use provided the specimens have been derived from an approved captive breeding program, artificial propagation program, aquaculture program, wildlife trade operation, or a wildlife trade management plan.

Heritage listings

In 2012–13 the department continued to support the protection, conservation and presentation of Australia’s heritage of outstanding universal value in consultation and cooperation with the relevant states:

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  A four-year, $20 million project that will help conserve the values of the Royal Exhibition Building and Carlton Gardens.
  
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  The department provided advice in relation to the review of the Strategic Overview for Management of the Gondwana Rainforests of Australia World Heritage Area.
  

In consultation with stakeholders the department developed Draft Referral Guidelines for National Heritage Listing of the West Kimberley and West Kimberley National Heritage Place – A Guide for Landholders.

In 2012–13 the department continued to process 22 applications made by Indigenous Australians under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 from previous years and received seven new applications, of which four were not made validly under the Act. No declarations were made.

The department provides secretariat services for the Australian Convict Sites Steering Committee. In August 2012 the department hosted a committee meeting in Canberra and the committee subsequently met via teleconference three times to discuss matters of relevance to the 11 sites that together form the Australian Convict Sites World Heritage Property. The committee is currently developing a strategic plan and a collaborative online presence.

In April 2013 an analysis on views and settings was published to inform development in Parramatta CBD that might be considered significant with regard to the World Heritage and National Heritage values of Old Government House and Domain.

The Australian Heritage Council is pursuing opportunities to engage with external organisations with the expertise and resources to undertake research that can be used to inform National Heritage place assessments on the council’s work plan. These opportunities are currently being explored for the Australian Cornish mining heritage sites—Burra and Moonta, South Australia—and the Murtoa No. 1 Grain Store, Victoria.

In 2012–13 the Australian Heritage Council completed its assessment of the Tarkine and provided advice to the Minister for Sustainability, Environment, Water, Populations and Communities. After consideration of the social and economic impacts of a listing on the Tasmanian economy, the minister decided to list the Aboriginal values of the area and added the Western Tasmania Aboriginal Cultural Landscape to the National Heritage List.

Compliance and enforcement

The department takes a strategic approach to ensure that EPBC Act compliance and enforcement is consistent, efficient and effective across the marine and terrestrial environments. This approach includes the development and maintenance of relationships with other compliance and enforcement agencies of the Commonwealth, states and territories.

The EPBC Act contains a range of enforcement mechanisms for managing suspected or identified instances of non-compliance and for reviewing the compliance of referred projects. These mechanisms include environmental audits, civil or criminal penalties for contraventions of the EPBC Act, and remediation orders and determinations to repair or mitigate environmental damage.

The department’s Compliance Audit Plan comprises a random audit program and a strategic risk-based audit program to verify compliance with EPBC Act conditions of approval and particular manner requirements and permits granted under the Sea Dumping Act. The Compliance Audit Plan also evaluates the effectiveness of the conditions and requirements for protecting matters of national environmental significance.

The department has a program of actively monitoring projects post-approval to ensure adherence to conditions attached to approvals, and fulfilment of requirements attached to particular manner decisions.

To further encourage compliance, the department engages in cooperative partnerships to build public awareness of the EPBC Act. Training on awareness and use of EPBC Act compliance and enforcement powers was provided internally and to a number of co-regulator and partner agencies.

Further information on the department’s compliance and enforcement activities under the EPBC Act is found in the Legislation reporting chapter.

In 2012–13 the department provided information to the general public to raise understanding of the EPBC Act and its operations, and policies and guidelines to provide guidance for stakeholders in determining whether a proposed action is likely to have a significant impact on a species or ecological community listed under the EPBC Act. Departmental publications produced in 2012–13 are listed in Appendix C of this report.

The department continues to work closely with partner agencies to manage wildlife compliance by sharing intelligence and resources. This has included the state and territory wildlife authorities, the Australian Customs and Border Protection Service, the Australian Federal Police, state and territory police, CITES management authorities in other countries, Interpol and some non-government organisations.

The department considered all allegations of non-compliance under Part 13A of the EPBC Act.

Data that informs seizure and caution notices under Part 13A of the EPBC Act is provided by the Australian Customs and Border Protection Service. Administrative delays of weeks or months is often experienced before the data reaches the department’s database. Therefore, an accurate representation of all seizure notices to 30 June 2013 cannot accurately be reported at this time. Nonetheless, the department advises that at the time of writing, 1 August 2013, 2097 seizure and caution notices were issued by Australian enforcement authorities for the import and/or possession of suspected CITES specimens without appropriate permission under Part 13A of the EPBC Act.

The department continued to provide information sessions to the Australian Customs and Border Protection Service to assist with their enforcement of CITES at Australian borders. Training for new recruits and in-service training has been delivered in Darwin, Perth, Adelaide and Melbourne.

The department continued as Chair of the Coalition Against Wildlife Trafficking.

Evaluation and conclusions

The Supervising Scientist

The adequacy and content of research activities in the Alligator Rivers Region, including those of the Supervising Scientist Division, are regularly reviewed by the Alligator Rivers Region Technical Committee. This statutory committee, established under the provisions of the Environment Protection (Alligator Rivers Region) Act 1978, comprises stakeholder representatives and a majority of independent scientific experts. The committee provides a report to the minister after each meeting. Both reports from the committee during 2012–13 were highly complimentary of the Supervising Scientist Division research program.

Environmental impact assessments

The department continued to assess large, complex and economically significant projects from all industry sectors under the EPBC Act in 2012–13. Of the 439 new referrals received, 193 referrals were determined not to be a controlled action, 96 referrals were determined not to be a controlled action subject to being undertaken in a particular manner and 118 referrals were determined to require formal assessment and approval under the EPBC Act. Eighty one proposals were approved under the EPBC Act and one project was deemed clearly unacceptable by the minister.

In May 2013 the department released the Environmental Impact Assessment Client Service Charter, which outlines its commitments in administering environmental impact assessments under the EPBC Act. The charter is intended to provide business and the public with greater certainty about what they can expect from the environmental impact assessment process. It also outlines how the Australian Government will work with state and territory assessment agencies.

The charter includes a post-decision feedback mechanism that will inform continuous improvement of how the department undertakes assessments under the EPBC Act.

Implementation of a case management approach for environmental impact assessment projects has seen expected timelines and milestone meetings established for complex projects. Regular discussions with state and territory jurisdictions to deal with relevant state and Commonwealth issues were established and maintained throughout 2012–13.

Strategic assessments

The Commonwealth entered into four new strategic assessments in 2012–13:

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  urban development at Gungahlin, Australian Capital Territory
  
• 
  biodiversity plan for coal mining in the Upper Hunter Valley, New South Wales
  
• 
  BHP Billiton iron ore expansion for the Pilbara, Western Australia
  
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  Hamersley Iron Pty Ltd (Rio Tinto) iron ore expansion for the Pilbara, Western Australia.
  

Strategic plans for urban development at Heathcote Ridge (New South Wales) and Gungahlin (Australian Capital Territory) were endorsed.

Work also continued on five strategic assessments:

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  Great Barrier Reef World Heritage Area, Queensland
  
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  Perth and Peel regions, Western Australia
  
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  Melbourne urban growth corridors, Victoria
  
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  Browse Basin LNG Precinct, Western Australia
  
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  fire management policy, South Australia.
  

The following policies, plans or programs were endorsed and/or approved under a strategic assessment:

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  Midlands Water Scheme, Tasmania (approved)
  
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  development at Heathcote Ridge, New South Wales (endorsed and approved)
  
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  urban development at Gungahlin, Australian Capital Territory (endorsed).
  

Strategic assessments often save proponents from doing dozens, if not hundreds, of separate project referrals under the EPBC Act. For example, as a result of the approval of the Tasmanian Midlands Water Scheme, approvals are not required for on-farm irrigation use, saving approximately 100 referrals by individual farmers.

As part of the Regional Sustainability Planning Program, an agreement under Section 146 of the EPBC Act was signed with the New South Wales Government to strategically assess a program based on the revised Lower Hunter Regional Conservation Plan.

As part of the Australian Government’s response to the 2012 decision of the World Heritage Committee regarding the ongoing protection and management of the Great Barrier Reef World Heritage property, the department supported work on the Independent Review of the Port of Gladstone.

Compliance and enforcement

The department considers all allegations of non-compliance under Part 3 of the EPBC Act. The 364 incidents examined by the department in 2012–13 appear to represent a decline from the 448 incidents examined in 2011–12 and 466 incidents examined in 2010–11. However, this can be attributed to a change in the way the department records and assesses allegations of non-compliance following the introduction of a departmental compliance and enforcement management database in early 2012. A further 195 matters reported to the department in 2012–13 were found not to represent potential breaches of the EPBC Act and were immediately resolved and recorded as enquiries rather than allegations of non-compliance.

Data that informs seizure and caution notices under Part 13A of the EPBC Act is provided by the Australian Customs and Border Protection Service. At 1 August 2013, 2097 seizure and caution notices were recorded as being issued by Australian enforcement authorities in 2012–13 for the import and/or possession of suspected CITES specimens without appropriate permission under Part 13A of the EPBC Act. This figure will increase as better data for 2012–13 are reported by the Australian Customs and Border Protection Service reflecting the lag in importing of data to the department.

Twenty-eight site inspections were undertaken to obtain information to assess whether alleged non-compliance actions had occurred. Incident reports are carefully examined to determine whether the EPBC Act applies. Thirty-two referrals were received as a result of departmental intervention and the department began 18 new formal investigations of alleged breaches of the EPBC Act. Details of these cases can be found in the Legislation reporting chapter, Breaches and investigations section.

The department executed six monitoring warrants under the EPBC Act and one search warrant under the Water Efficiency Labelling and Standards Act. Thirty-five notices to produce books and records were also served under section 486F of the EPBC Act.

Enforcement outcomes included four successful criminal prosecutions, three infringement notices, six enforceable undertakings and one remediation determination.

The department participated in Operation CETUS, a national joint cross-jurisdictional cetacean compliance operation aimed at protecting migrating whales from disturbance and to enforce whale approach limits. A significant operational effort was made by all jurisdictions across Australia involving a total of 123 separate compliance and enforcement activities. A strong educational campaign relating to whale protection laws was promoted through the media and by direct stakeholder engagement on the water.

The department undertakes both random compliance and risk-based audit programs across industry sectors, geographical areas and protected matters. Overall, the 15 audits identified a substantial level of compliance with conditions. Instances of non-compliance were addressed in accordance with the department’s Compliance
and Enforcement Policy.

At 21 June 2013 the Compliance and Enforcement Branch was monitoring 1137 projects. The branch processed variations of conditions attached to 81 approvals in 2012–13 and undertook 33 site visits. Details of these are found in the Legislation reporting chapter.

The department continues to work closely with partner agencies to manage wildlife compliance by sharing intelligence and resources. This has included the state and territory wildlife authorities, the Australian Customs and Border Protection Service, the Australian Federal Police, state and territory police, CITES management authorities in other countries, Interpol and some non-government organisations.

The department has continued to provide information sessions to the Australian Customs and Border Protection Service to assist with their enforcement of CITES at Australian borders. Training for new recruits and in-service training has been delivered in Darwin, Perth, Adelaide and Melbourne.

Preserving the marine environment—sea dumping

During 2012–13 the department issued 10 sea dumping permits and nine variations.

The above mentioned strategic risk-based audit program also reviewed an artificial reef located offshore from Sydney and a port facility in Western Australia and the related sea dumping permit.

Results for Deliverables and Key Performance Indicators

Program 5.1: Conservation of Australia’s Heritage and Environment

Deliverables	2012–13 Results
Identification – Identifying places of special value in Australia that should be recognised and protected through inclusion on the World, National and Commonwealth Heritage Lists. Identifying nationally threatened species and ecological communities that should be recognised and protected through listing under the EPBC Act, and native and exotic flora and fauna that should be allowed or prevented from import/export to/from Australia.	In 2012–13 the Minister for Sustainability, Environment, Water, Population and Communities made listing decisions for 78 species and six ecological communities. These decisions included adding new listings for 13 species and six ecological communities, including the first-ever marine ecological community. Two species were downlisted to a lower category of threat, 12 were uplisted to a higher category of threat and 49 species were delisted. At 30 June 2013, 1756 species, 62 ecological communities and 20 key threatening processes were listed under the EPBC Act. The department worked closely with Traditional Owners of Cape York Peninsula to identify and map natural and cultural heritage values to be included in a potential World Heritage nomination. In early 2013 the department submitted a request for a minor boundary modification of the Tasmanian Wilderness World Heritage Area to the World Heritage Committee. At the 37th session of the World Heritage Committee (meeting in Phnom Penh, Cambodia) on 24 June 2013 the Committee agreed to the minor boundary modification requested by the Australian Government to add more than 170 000 hectares to the Tasmanian Wilderness World Heritage Area. The department supported the assessment and inclusion of the Western Tasmania Aboriginal Cultural Area in the National Heritage List; inclusion of 15 post offices in the Commonwealth Heritage List, taking the total to 396 places; addition of Indigenous values to the Wet Tropics of Queensland National Heritage place; and addition of values to two post offices in the Commonwealth Heritage List.
Management – Providing Commonwealth oversight on effective management of World, National and Commonwealth Heritage places; and providing targeted funding to support the conservation and interpretation of Australia’s special historic, Indigenous, natural and underwater values. Respond to World Heritage Committee requests. Assisting the management of threatened species and ecological communities through developing, identifying and prioritising on-ground management and research actions for inclusion in conservation advices, recovery plans and wildlife management plans, promoting their on-ground implementation, and providing targeted funding for a small number of high priority species.	In 2012–13, 26 recovery plans (a mix of revised and new recovery plans) were adopted, identifying and prioritising recovery actions for 41 listed threatened species and three listed threatened ecological communities. The department responded to World Heritage Committee requests on the Great Barrier Reef, Tasmanian Wilderness and Macquarie Island. The department has continued to inform the World Heritage Centre on a quarterly basis of new controlled action decisions with a section 12 (World Heritage) trigger under the EPBC Act; and of the approval, withdrawal or lapse of any previously notified controlled actions. The department commissioned reports to define in more detail the geological and aesthetic values of the Great Barrier Reef and updated the 2002 World Heritage Management Strategy for the Riversleigh component of the Australian Fossil Mammal Sites (Riversleigh/Naracoorte). Thirty-nine projects received funding from Caring for our Country to contribute to protection of World Heritage values and integrity. The Historic Shipwrecks Program delivered year-two funding under the 2011–2014 service level agreement with the state and territory governments. The department supported actions to implement seven marine recovery plans covering 14 (non-migratory) species. Significant projects included providing support for two National Environmental Research Program projects covering a population study of the white shark and an investigation of habitat use and population estimates for three species of sawfish and two species of Glyphis sharks. Other actions included ensuring referrals are consistent with recovery plan objectives and working with state and territory governments to ensure consistency between jurisdictions in relation to the implementation of recovery plans.
Protection – Protection of heritage values, of Historic Shipwrecks and associated relics; and places or objects with Indigenous heritage value that may be under significant threat. Protection of Australia’s biodiversity through regulating the export and import of plants and animals. Providing information to regulators, land owners, managers and others to allow the effective protection and conservation of the wildlife matters through the Species Profile and Threats database, referral guidelines, farmers fact sheets, recovery plans, and listing and conservation advices.	The Species Profile and Threats database collates information about listed species and ecological communities. A total of 134 profiles were added or updated in 2012–13. One final EPBC Act species referral guideline was published. Six ecological community conservation advices and three ecological community stakeholder fact sheets were published. In addition, comprehensive guides to assist with the identification, assessment and management of two grassland and one woodland ecological communities were published. The department continued to provide advice on development proposals referred under the EPBC Act to ensure that the outstanding universal value of all of Australia’s World Heritage properties is adequately taken into account. Relics illegally removed from the historic shipwreck Lady Bowen were recovered. There was also a further successful prosecution of a diver for illegal penetration of the historic shipwreck SS Yongala. The department successfully administered grant programs delivering funding to support heritage protection, conservation and interpretation. The Indigenous Heritage Program provided $4.9 million (GST exclusive) to 53 projects to identify, conserve and promote Indigenous heritage places. The program was successfully administered, delivering funding to Indigenous communities to support heritage protection, conservation and interpretation of places important to Aboriginal and Torres Strait Islander people. The program contributes to the Australian Government policy of Closing the Gap on Indigenous Disadvantage.
Leadership – Providing high-level, strategic advice on heritage matters; advising on standards for best practice management of Australia’s significant heritage values and places; providing practical assistance to Papua New Guinea (PNG) and other pacific island countries to protect heritage places in our region, and sharing knowledge with the international community.	Supported the delivery of the Kokoda Initiative through assistance to the Kokoda Track Authority and the PNG Department of Environment and Conservation and Tourism Promotion Authority. Continued to facilitate the development of the PNG Kuk World Heritage Site Management Plan. Established the Pacific Heritage Hub at the University of the South Pacific. Successfully completed a project to strengthen World Heritage and protected area governance in Vanuatu. Continued to support the Solomon Islands to review the East Rennell World Heritage site management plan and protection legislation. Worked with Australian Geographic to help prepare a map and publication that increases awareness of the Historic Shipwrecks Act 1976 and appropriate enjoyment of historic shipwrecks. The Minister for Sustainability, Environment, Water, Population and Communities also made a public call for information about an offence that damaged the Japanese midget submarine M24 off Sydney.
Celebration – Recognising and communicating how heritage values enrich our lives and the Australian culture; providing opportunities for communities, industry and organisations to celebrate Australia’s heritage, including the places and events that contribute to our national identity; and enabling participation in the conservation and management of heritage values and places.	On 9 November 2012 the Minister for Sustainability, Environment, Water, Population and Communities recognised the Indigenous values of the Wet Tropics of Queensland and announced their inclusion in the National Heritage List. The department successfully administered grant programs delivering funding to support heritage protection, conservation and interpretation. $8.8 million (GST exclusive) was provided to 232 projects to assist the protection, conservation and promotion of nationally significant heritage places. The minister announced the protection of the historic shipwreck MV Limerick on Anzac Day 2013.

Key Performance Indicators	2012–13 Results
Implementation of the Second Joint Understanding 2010–2015 between Papua New Guinea (PNG) and Australia on the Owen Stanley Ranges, Brown River Catchment and Kokoda Track Region, and progress towards meeting the goals.	Supported the Kokoda Track Authority in maintaining the Kokoda Track in a safe and well-managed condition, resulting in the track remaining open for 365 days and no reported trekker fatalities. Supported the PNG Department of Environment and Conservation to investigate biodiversity survey methodologies and further develop spatial mapping systems to assist with the sustainable development and wise use of the Kokoda Track region. Developed a heritage interpretation scoping study to assist with interpretation of military heritage in the Kokoda Track region. Produced publication—Working Together on Cultural Tourism for the Future—to assist with sustainable tourism development in the Kokoda Track region. Continued support for Livelihoods program, which is designed to increase the income generation capacity of the Kokoda Track communities.
Compliance with statutory obligations under the EPBC Act, the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act. These obligations relate to the provision of advice for statutory decisions relating to matters of national environmental significance, Aboriginal and Torres Strait Islander sacred sites and objects, historic shipwrecks and wildlife.	The department assisted the Australian Heritage Council to comply with their statutory obligations in decisions related to nominations, assessment and listing of heritage places as matters of national environmental significance under the EPBC Act. The department also advised the minister regarding meeting statutory decision requirements under the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act.
Compliance with statutory obligations under the EPBC Act, the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act. These obligations relate to the provision of advice on areas of particular significance to Aboriginal and Torres Strait Islander peoples.	In 2012–13 the department continued to process 22 applications made by Indigenous Australians under the Aboriginal and Torres Strait Islander Heritage Protection Act from previous years and received seven new applications, of which four were not made validly under the Act. No declarations were made.
Compliance with statutory obligations under the EPBC Act, the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act. These obligations relate to the completion of recovery plans and conservation advices on threatened species and ecological communities.	In 2012–13, 22 recovery plans were adopted, covering 32 listed threatened species and three listed ecological communities. The department published conservation advices on 27 threatened species and six ecological communities. The department coordinated a number of measures under provisions of the EPBC Act aimed at protecting threatened marine species. This included the completion of recovery plans for white sharks (Carcharodon carcharias) and the Australian sea lion (Neophoca cinerea). These recovery plans were developed by the department in consultation with a range of stakeholders, including state governments, commercial and recreational fishers, research scientists and conservation non-government organisations. The department also commenced reviews of the recovery plans for three species of handfish and for the Sub-Antarctic fur seal (Arctocephalus tropicalis) and the southern elephant seal (Mirounga leonine).
Compliance with statutory obligations under the EPBC Act, the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act. These obligations relate to the issuing of wildlife trade permits, and assessment of wildlife trade and shipwreck management plans/operations/agreements.	The department continues to work with state and territory shipwreck delegates and practitioners. New Australian and Netherlands committee members were appointed under the 1972 Agreement Between the Netherlands and Australia Concerning Old Dutch Shipwrecks. The following statutory actions were undertaken under the Historic Shipwrecks Act during 2012–13: 47 protected zone permits issued 11 shipwreck relic permits issued 27 shipwreck relic notifications two notifications of shipwreck discovery three declarations of historic shipwrecks. The department approved the following wildlife trade programs in 2012–13: three captive breeding programs two new and seven revised artificial propagation programs two individual wildlife trade operations (non-fisheries) four wildlife trade management plans. The department ensures that live animals only go to appropriate zoological institutions through a review process and facility assessment.
	In 2012–13, 58 assessments were completed for transfers of live animals for exhibition in zoos and aquaria. Forty-seven facility assessments were also completed for a wide range of animals, including komodo dragons (Varanus komodoensis), cheetah (Acinonyx jubatus) and white rhinoceros (Ceratotherium simum). In 2012–13 the department issued 1810 permits for the import/export of regulated specimens in the above categories. Of that number, 1556 permits were issued for CITES specimens, 233 permits for the export of regulated native specimens and 21 permits for the import of live specimens. The number of personal accompanied baggage permits issued was 15 635.
Compliance with statutory obligations under the EPBC Act, the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act. These obligations relate to the assessment of applications to amend the Live Import List.	Following environmental risk assessments, four species were added to the List of Specimens Taken to be Suitable for Live Import during 2012–13. Five other decisions regarding the Live Import List involved corrections/updates, amendment to existing listings, and one deletion.
Compliance with statutory obligations under the EPBC Act, the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act. These obligations relate to the awarding, executing and acquitting of grants.	The department successfully administered grant programs delivering funding to support heritage protection, conservation and interpretation. The Indigenous Heritage Program provided $4.9 million (GST exclusive) to 53 projects to identify, conserve and promote Indigenous heritage places.
Compliance with statutory obligations under the EPBC Act, the Aboriginal and Torres Strait Islander Heritage Protection Act and the Historic Shipwrecks Act. These obligations relate to the inclusion of places, species, ecological communities and key threatening processes in statutory lists in accordance with the finalised priority assessment lists and assessments by the Threatened Species Scientific Committee and the Australian Heritage Council.	The department supported the minister to meet statutory obligations related to the inclusion of places and additional heritage values in statutory heritage lists under the EPBC Act.
The outcome of international forums on wildlife trade and heritage matters reflect Australia’s input.	Australia attended the 37th session of the World Heritage Committee in Cambodia and contributed to relevant agenda items. These included issues relating to Australia’s World Heritage sites, including the Great Barrier Reef, the Tasmanian Wilderness and Macquarie Island, along with the provision of strategic policy. The 16th meeting of the Conference of the Parties of the CITES was held in Bangkok, Thailand in March 2013. Australia’s proposal to uplist the freshwater sawfish (Pristis microdon) from CITES Appendix II to Appendix I received unanimous support. Australian proposals to delist eight extinct or incorrectly identified species were also successful. Australia supported the proposals to list seven species of sharks and manta rays on CITES Appendix II, which was also successful. The species listed were porbeagle shark (Lamna nasus), oceanic whitetip shark (Carcharhinus longimanus), scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (S.mokarran), smooth hammerhead shark (S.zygaena); and the two manta ray species (Manta birostris and M.alfredi). Of relevance to international fisheries was the adoption of amendments to the Resolution on Introduction from the Sea pertaining to the harvesting of CITES-listed species on the high seas. Australia was instrumental in ensuring the adopted resolution will enable a consistent understanding of the responsibilities of parties to issue introduction from the sea permits, allowing for effective implementation of CITES.

Program 5.2: Environmental Regulation

Deliverables	2012–13 Results
Major amendments to the EPBC Act and associated policies, guidelines, standards and procedures.	A key amendment to the EPBC Act was made in 2012–13 to require the consideration of potential impacts on water resources from Coal Seam Gas and Large Coal Mining projects. There were a series of activities to support the efficient implementation of this amendment including: Draft significant impact guidelines: Coal seam gas and large coal mining developments—impacts on water resources released in June 2013. Draft of standard Terms of Reference for environmental impact statements and conditions of approvals for water related aspects of coal seam gas and large coal mining projects. All departmental internal procedure, policy, guidelines and templates were updated to reflect the introduction of the new matter of national environmental significance, the water trigger. In addition, the department updated a series of guidance documents for stakeholders including the: EPBC Act referral form; National Environmental Law fact sheet, Strategic Assessment Prospectus; Strategic Assessment FAQs and the Q&A Offset Policy.
Develop information and tools to make it easier for stakeholders to comply with the EPBC Act and the Environment Protection (Sea Dumping) Act 1981.	Refer to Program 5.1 results listed under ‘Protection’. The department worked closely with CSIRO and state/territory environment agencies in Queensland, New South Wales, the Australian Capital Territory, Victoria and South Australia to commence a national flying fox monitoring program. The department’s Environmental Offsets Policy released in October 2012 provides guidance on the role of offsets in environmental impact assessments, and how the department considers the suitability of a proposed offset. The Strategic Assessment Prospectus released in May 2013 seeks input from industry and states regarding potential new strategic assessments The department’s Environmental Impact Assessment Client Service Charter released in May 2013 outlines the department’s commitments when undertaking Environmental Impact Assessment (EIA) under the EPBC Act.
Improve administrative systems to increase the efficiency of our business processes and deliver increasingly high-quality, legally robust and consistent decisions.	A Reporting and Forecasting Tool was developed. It provides forecasted data for referrals and assessments currently being assessed under the EPBC Act. A Referral Quality Assurance Checklist was developed to improve operational consistency of environmental assessments referred to the department. The online statutory management component of the Australian National Shipwreck Database has continued to improve the efficiency, accountability and consistency of delegated activity by state and territory governments under the Historic Shipwrecks Act.
Develop bilateral agreements and strategic assessments with state and territory governments, in accordance with EPBC Act requirements, to increase the effectiveness of cooperative environmental protection efforts.	A technical review of assessment bilateral agreements occurred with most states in 2012–13: Western Australian and Northern Territory proposed amendments were well advanced discussions with South Australia and Queensland commenced an invitation was sent to New South Wales inviting a bilateral discussion. New administrative arrangements were agreed with Queensland, Tasmania and the Australian Capital Territory. Four new strategic assessments were entered into during 2012–13 in Australian Capital Territory; New South Wales; and two in Western Australia. (see Evaluations and Conclusions – Strategic Assessments section).
Progress a comprehensive strategic assessment of the Great Barrier Reef World Heritage Area and adjacent Queensland coastal zone.	The terms of reference for the strategic assessment were approved. An independent review of the Port of Gladstone commenced. The Great Barrier Reef Marine Park Authority and the Queensland Government are preparing assessment reports for public exhibition, in consultation with the department.
Contribute funding for the implementation of a rehabilitation management plan to remediate damage to habitat buffer zones associated with the Tiwi Islands Plantation Project on western Melville Island.	Funding has been deferred until 2013–14 due to legal considerations.
Substantial commencement of at least three Regional Sustainability Plans (RSP) and investment in relevant environmental and socio-economic research to underpin sustainability planning at the local and regional scale.	Approval of three additional RSP regions was recommended by the interdepartmental RSP reference group (Perth Peel, Upper Spencer Gulf and Darwin) in November 2012. Tasmania was approved as an RSP region in March 2013.
Scientifically rigorous and appropriate environmental performance criteria for the operation, closure and rehabilitation of uranium mines in the Alligator Rivers Region are developed and reviewed.	The department completed its magnesium pulse exposure ecotoxicology project, which will inform a significant review of the water quality guidelines for Ranger Mine.
Annual research program into the impact of uranium mining on the environment is conducted.	The annual research program and outcomes were endorsed by the independent Alligator Rivers Region Technical Committee.
Annual monitoring program is conducted to ensure protection of the environment from the impact of uranium mining.	The annual monitoring program was completed. It indicated that Kakadu National Park and the Ramsar-listed Magela Plains remained protected.

Key Performance Indicators	2012–13 Results
Improved client satisfaction with service delivery as measured by feedback on improved tools and client surveys.	A post-decision feedback form is a component of the EIA Client Service Charter. This ensures continuous improvement in the level of service the department provides to stakeholders. The Client Service Charter was released in May 2013.
EPBC Act assessments are completed within statutory timelines.	86 per cent of all statutory decisions under the EPBC Act were made within the statutory timeframes. This includes permits, listings, recovery plans and environmental impact assessments. Using the prioritisation systems, 100 per cent of compliance and enforcement cases are prioritised and progressed within agreed timeframes. Further details can be found on the operation of the EPBC Act in the Legislation reporting chapter.
Assess or investigate all reported compliance incidences under the EPBC Act.	The department considered all allegations of non-compliance under Parts 3 or 13A of the EPBC Act. 364 incidents or activities representing potential breaches of Part 3 of the EPBC Act were examined by the department. Data that informs seizure and caution notices under Part 13A of the EPBC Act is provided by the Australian Customs and Border Protection Service. At 1 August 2013, 2097 seizure and caution notices were recorded as being issued by Australian enforcement authorities in 2012–13 for the import and/or possession of suspected CITES specimens without appropriate permission under Part 13A of the EPBC Act. This figure will increase as better data for 2012–13 are reported by the Australian Customs and Border Protection Service reflecting the lag in importing of data to the department.
State and territory government processes are accredited in accordance with national standards and COAG agreements.	In December 2012 COAG agreed that the government would continue to work with state and territory governments to eliminate duplication, avoid delayed approval processes and utilise common information requirements for regulatory processes. The department has continued to review bilateral agreements and administrative arrangements with states and territories and align processes as much as practicable.
Number of times the uranium concentration of surface water downstream of Ranger Mine exceeds 6 micrograms per litre.*	0
Annual research and monitoring program into the impact of uranium mining on the environment is endorsed by the Alligator Rivers Region Technical Committee.	Yes.

* Ecotoxicity assessment by the Supervising Scientist indicates that limiting uranium concentrations downstream of Ranger Mine to less than 6 micrograms per litre will ensure the protection of the aquatic environment. Given that uranium concentrations downstream of Ranger Mine are naturally low, the presence of elevated uranium concentrations is a good indicator of mine discharge effects on water quality.