Since the release of the government response to the Independent Review of the EPBC Act in 2011, the government has been working to deliver a simpler environmental protection system that has clearer standards and provides for faster decisions. The government committed to achieve better environmental outcomes while improving the efficiency of Australia’s management of matters of national environmental significance.
In 2012–13 the department continued to implement the national environmental law reform agenda. There was a continued focus on streamlining assessment and approval processes and achieving better environmental outcomes for matters of national environmental significance, including:
-
Continued improvement in administration of environmental law.
-
Implementing a client service charter for proponents (refer to section 2.2: Environmental impact assessment).
-
Producing more guidance on species and ecological communities (refer to section 1.1: Threatened species, ecological communities and migratory species).
-
Continuing to work closely with states, territories and industry to increase the use of strategic assessments (refer to section 2.1: Strategic assessments).
-
Reviewing assessment bilateral agreements and administrative arrangements to improve efficiency and reduce duplication (refer to section 2.1: Bilateral agreements).
On 3 October 2012 the finalised EPBC Act Environmental Offsets Policy and Offsets Assessment Guide were released following extensive consultation and testing. An environmental offset is a conservation action that is intended to compensate for the negative environmental impacts of an action following the consideration of all reasonable avoidance and mitigation measures.
The offsets policy and assessment guide are consistent with best-practice offset principles and provide greater transparency around how suitable offsets are determined under the EPBC Act. The policy applies to environmental assessments and approvals (including strategic assessments) for all protected matters under the EPBC Act. The guide has been developed to give effect to the principles outlined in the policy. It provides specific guidance in relation to the suitability of offsets for threatened species and ecological communities listed under the EPBC Act.
In May 2013 the department released its Strategic Assessment Prospectus which seeks input from industry and states regarding potential new strategic assessments. Strategic planning that considers both development and ecological needs on a landscape scale has the potential to deliver increased regulatory efficiency, business certainty and better protection of matters of national environmental significance.
During 2013 the department is running an expression of interest process inviting stakeholders to submit proposals for potential strategic assessments and seek stakeholder feedback on criteria against which future strategic assessments would be prioritised. In 2013 the department released the Environmental Impact Assessment Client Service Charter, which outlines the department’s commitments in administering environmental impact assessment 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 department will work with state and territory assessment agencies.
Environmental impact assessment decisions are made in accordance with relevant legislation, policies and guidelines and take into account the individual circumstances of a particular project. The charter is intended to provide clarity and guidance about the service that stakeholders can expect during assessment process. The charter also provides clear advice about ways in which proponents, consultants, states and territories and members of the public can work with the department to streamline the assessment process under the EPBC Act.
New cost recovery measures for environmental impact assessments and strategic assessments under the EPBC Act were proposed in 2011 as part of the government’s Response to the Independent Review of the EPBC Act. Implementation of these arrangements has been deferred until the next period of government and is dependent on legislative change to the EPBC Act.
In relation to fees for wildlife trade permit applications a new cost recovery impact statement for 2013–2018 was prepared and published on the department’s website and new regulations detailing increased fees commenced on 1 July 2013. A new streamlined permit application system was introduced in 2013 to improve administrative efficiency and usability.
Legislation amendments
During 2012–13 the government introduced two Bills to amend the EPBC Act:
Environment Protection and Biodiversity Conservation Amendment (Declared Commercial Fishing Activities) Bill 2012
This Bill amended the EPBC Act to provide for the Minister for Sustainability, Environment, Water, Population and Communities to establish an independent expert panel to conduct an assessment into the potential environmental, social and economic impacts of a declared commercial fishing activity and to prohibit the declared commercial fishing activity while the assessment is undertaken. The Bill received Royal Assent on 19 September 2012.
Environment Protection and Biodiversity Conservation Amendment Bill 2013
This Bill amended the EPBC Act to create a matter of national environmental significance for coal seam gas and large coal mining developments which are likely to have a significant impact on a water resource and establish penalties and offences to prohibit this action. The Bill received Royal Assent on 24 June 2013.
Appendix A: Statistics
Table A1: Overview of referrals
Referrals
|
2012–13
|
Total since commencement of the EPBC Act in 2000
|
Referrals being processed at 1 July 2012
|
114
|
|
Total referrals received
|
439
|
4833
|
Referrals withdrawn before (Controlled Action) decision
|
39
|
213
|
Referrals where a decision has been made (including reconsiderations)
|
408
|
4512
|
Approval Required – controlled action
|
118
|
1265
|
Approval Not Required – action to be taken in a particular manner
|
96
|
932
|
Approval Not Required – no conditions on action
|
193
|
2306
|
Action Clearly Unacceptable
|
1
|
9
|
Referrals lapsed after (Controlled Action) decision
|
2
|
48
|
Referrals withdrawn after (Controlled Action) decision
|
43
|
247
|
Referrals being processed at 30 June 2013
|
103
|
|
Table A2: Reconsideration of decisions
Reconsideration of decisions
|
Decisions
|
Reconsideration decisions being processed at 1 July 2012
|
2
|
Reconsideration requests received 2012–13
|
4
|
Reconsideration decisions made
|
Total 5
|
Original Decision Confirmed
|
1
|
Decision Revoked and New Decision Substituted
|
4
|
Decision changed from NCA (particular manner) to NCA
|
1
|
Decision changed from NCA (particular manner) to new manners
|
3
|
Reconsiderations pending at 30 June 2013
|
1
|
Note: CA = controlled action; NCA = not controlled action
Table A3: Referrals and referral decisions by jurisdiction
|
Decisions made in 2012–13
|
Referrals received in 2012–13
|
Action Clearly Unacceptable
|
Approval required
|
Approval not required
|
Total decisions
|
CA
|
PM
|
NCA
|
Antarctica
|
|
|
|
|
|
|
Christmas Is
|
5
|
|
2
|
2
|
2
|
6
|
Cocos-Keeling Is
|
1
|
|
|
1
|
1
|
2
|
Commonwealth Marine
|
32
|
1
|
2
|
20
|
1
|
24
|
Norfolk Is
|
2
|
|
1
|
|
1
|
2
|
Other Aust Territory
|
|
|
|
|
|
|
Other Country
|
|
|
|
|
|
|
ACT
|
10
|
|
4
|
7
|
4
|
15
|
Jervis Bay Territory
|
|
|
|
|
|
|
NSW
|
70
|
|
26
|
14
|
19
|
59
|
NT
|
12
|
|
7
|
2
|
4
|
13
|
QLD
|
116
|
|
28
|
7
|
67
|
102
|
SA
|
16
|
|
2
|
3
|
9
|
14
|
Tas
|
15
|
|
10
|
6
|
3
|
19
|
Vic
|
63
|
|
18
|
16
|
24
|
58
|
WA
|
97
|
|
18
|
18
|
58
|
94
|
Total
|
439
|
1
|
118
|
96
|
193
|
408
|
Note: CA = controlled action; NCA = not controlled action; PM = action to be take in a particular manner.
Table A4: Referrals and referral decisions by activity category
|
Decisions made in 2012–13
|
Referrals received in 2012–13
|
Action Clearly Unacceptable
|
Approval required
|
Approval not required
|
Total decisions
|
CA
|
PM
|
NCA
|
Agriculture and Forestry
|
2
|
|
2
|
1
|
1
|
4
|
Aquaculture
|
4
|
|
|
3
|
2
|
5
|
Commercial development
|
33
|
|
11
|
2
|
20
|
33
|
Commonwealth
|
10
|
|
3
|
4
|
5
|
12
|
Energy generation and supply (non-renewable)
|
22
|
|
3
|
3
|
10
|
16
|
Energy generation and supply (renewable)
|
15
|
|
6
|
4
|
6
|
16
|
Exploration (mineral, oil and gas – marine)
|
33
|
1
|
2
|
21
|
|
24
|
Exploration (mineral, oil and gas – non-marine)
|
7
|
|
1
|
2
|
1
|
4
|
Manufacturing
|
1
|
|
|
|
|
|
Mining
|
88
|
|
40
|
12
|
25
|
77
|
Natural Resources Management
|
23
|
|
4
|
5
|
19
|
28
|
Private
|
5
|
|
|
|
5
|
5
|
Residential development
|
64
|
|
13
|
7
|
36
|
56
|
Science and research
|
5
|
|
|
3
|
2
|
5
|
Telecommunications
|
2
|
|
|
1
|
1
|
2
|
Tourism and recreation
|
26
|
|
4
|
10
|
12
|
26
|
Transport – air and space
|
3
|
|
1
|
1
|
1
|
3
|
Transport – land
|
54
|
|
19
|
7
|
25
|
51
|
Transport – water
|
10
|
|
3
|
3
|
2
|
8
|
Waste management (non-sewerage)
|
9
|
|
1
|
2
|
5
|
8
|
Waste management (sewerage)
|
3
|
|
2
|
|
4
|
6
|
Water management and use
|
20
|
|
3
|
5
|
11
|
19
|
Total
|
439
|
1
|
118
|
96
|
193
|
408
|
Note: CA = controlled action; NCA = not controlled action; PM = action to be take in a particular manner.
Table A5: Decisions on assessment approach and assessments by type
|
Type of assessment decided in 2012–13
|
Assessments completed in 2012–13
|
Assessments withdrawn in 2012–13
|
Assessments lapsed in 2012–13
|
Recommendation reports completed in 2012–13
|
Recommendation reports
(no approval) completed in 2012–13
|
Assessments in progress at 30 June 2013
|
Recommendation reports in progress at
30 June 2013
|
Commonwealth assessments
|
Preliminary documentation
|
70
|
42
|
15
|
0
|
42
|
4
|
129
|
16
|
Public environment report
|
4
|
5
|
2
|
0
|
5
|
0
|
13
|
1
|
Referral information
|
3
|
3
|
0
|
0
|
3
|
0
|
1
|
1
|
Environmental impact statement
|
8
|
3
|
9
|
0
|
3
|
0
|
39
|
3
|
State/Territory assessments
|
Bilateral assessment
|
21
|
16
|
11
|
1
|
16
|
N/A
|
83
|
|
Accredited process
|
10
|
8
|
2
|
1
|
8
|
N/A
|
47
|
N/A
|
Table A6: Approvals in 2012–13
Type of approval
|
Number of approvals
|
Number of approvals since the commencement of the Act
|
Action approved
|
81
|
622
|
Action not approved
|
0
|
10
|
Total decisions
|
81
|
632
|
Awaiting approval at 30 June 2013
|
29
|
|
Awaiting further information from proponent
|
15
|
|
Table A7: Advice requested and provided under section 160
Authorisation provision
|
Requests for advice
|
Advice not required
|
Advice required
|
Assessment completed
|
Advice provided
|
R6.01—Sea Dumping Permit
|
13
|
8
|
5
|
2
|
2
|
S160—Airport Major Development Plan
|
7
|
5
|
2
|
0
|
0
|
S160—Airspace Management
|
0
|
0
|
0
|
0
|
0
|
S160—Foreign Aid
|
1
|
0
|
0
|
0
|
0
|
Table A8: Number of matters protected by the EPBC Act
|
Matter protected
|
Not controlled action – particular manner
|
Controlled action
|
Division 1
|
Matters of national environmental significance
|
Section 12
|
World heritage values of a world heritage listed property
|
9
|
12
|
Section 15B
|
National heritage values of a national heritage listed place
|
10
|
13
|
Section 16
|
Ecological character of a declared Ramsar wetland
|
10
|
9
|
Section 18
|
Listed threatened species or ecological community
|
80
|
114
|
Section 20
|
Listed migratory species
|
42
|
41
|
Section 21
|
Nuclear activities with a significant impact on the environment
|
2
|
1
|
Section 23
|
Commonwealth marine environment
|
26
|
8
|
Section 24B
|
Activities in the Great Barrier Reef Marine Park
|
1
|
6
|
Division 2
|
|
Section 26
|
Commonwealth land
|
4
|
5
|
Section 27B
|
Activities involving Commonwealth heritage listed places overseas
|
1
|
0
|
Section 28
|
Commonwealth or Commonwealth agency activity
|
10
|
4
|
Total
|
|
195
|
213
|
Table A9: Processing of nominations and changes to the list of threatened species, ecological communities and key threatening processes
|
Species
|
Ecological communities
|
Key threatening processes
|
Items on which the Threatened Species Scientific Committee has provided advice to the minister*
|
94
|
10
|
1
|
Ministerial decisions made on Threatened Species Scientific Committee advice
|
78
|
6
|
0
|
Ministerial decisions pending Threatened Species Scientific Committee advice
|
16
|
4
|
1
|
Number of ministerial decisions made on Threatened Species Scientific Committee advice in the following categories:
|
|
|
|
Uplisted
|
12
|
0
|
0
|
Downlisted
|
2
|
0
|
0
|
New
|
13
|
6
|
0
|
Delisted
|
49
|
0
|
0
|
Number of amendments to the list
|
76
|
6
|
0
|
Rejected/ineligible
|
2
|
0
|
0
|
No change in status
|
0
|
0
|
0
|
Total number of listings as at
30 June 2013
|
1756
|
62
|
19
|
* Includes ongoing assessments from the 2007, 2008 and 2009 Finalised Priority Assessment Lists.
Note:
Figures include both public nominations and nominations from the Threatened Species Scientific Committee.
Table A10: Species and ecological communities covered by recovery plans (at 30 June 2013)*
|
Species
|
Ecological communities
|
Total
|
Vulnerable
|
Endangered
|
Critically endangered
|
Extinct in
the wild
|
Vulnerable
|
Endangered
|
Critically endangered
|
|
Total number of listed entities
|
806
|
671
|
176
|
1
|
1
|
37
|
24
|
1746
|
Number covered by plans in preparation
|
81
|
61
|
12
|
0
|
0
|
11
|
17
|
217
|
Number covered by plans in place
|
270
|
415
|
86
|
1
|
1
|
20
|
3
|
796
|
Percentage covered by plans in place or in preparation* (%)
|
44
|
71
|
56
|
100
|
100
|
84
|
83
|
58
|
* The remaining 42 per cent of listed species not covered by recovery plans are covered by conservation advices (see the section ‘Managing threatened species and ecological communities’).
Table A11: Number of recovery plans in preparation and in place at 30 June 2013
|
Single species
|
Multispecies
|
Ecological communities
|
Multiregional
|
Total
|
Number of plans in place
|
420
|
46
|
21
|
7
|
494
|
Number of plans in preparation*
|
76
|
18
|
27
|
1
|
122
|
Number of plans made or adopted in 2012–13
|
17
|
4
|
3
|
2
|
26
|
* Does not include 18 existing plans that are being revised.
Table A12: Cetacean permits and applications received and permits granted 2012–13
EPBC Act section
|
Applications received
|
Permits granted
|
Conditions varied or revoked
|
Suspended or cancelled
|
238(3)(a) cetacean conservation; or (b) incidental interference
|
8
|
5 (3 permits were pending at 30 June 2013)
|
2 permits had conditions varied
|
0
|
238(3)(c) whale watching
|
0
|
0
|
0
|
0
|
Total
|
8
|
5
|
2
|
0
|
Table A13: Assessments of Commonwealth and state managed fisheries completed 2012–13
Jurisdiction
|
Fishery
|
Current assessment decisions
|
Decision date
|
QLD
|
East Coast Spanish Mackerel
|
Exempt
|
16/07/2012
|
WA
|
Trochus Fishery
|
Exempt
|
02/08/2012
|
WA
|
Temperate Demersal Gillnet and Demersal Longline Fisheries
|
WTO
|
30/08/2012
|
NT
|
Mud Crab Fishery
|
Exempt
|
17/09/2012
|
NT
|
Offshore Net and Line Fishery
|
WTO
|
17/09/2012
|
Commonwealth
|
Torres Strait Trochus Fishery
|
WTO
|
05/10/2012
|
Commonwealth
|
Western Trawl Fisheries
|
WTO
|
28/11/2012
|
VIC
|
PQ Aquatics
|
WTO
|
07/12/2012
|
WA
|
Marine Aquarium Fish Managed Fishery
|
WTO
|
21/12/2012
|
NT
|
Spanish Mackerel
|
Exempt
|
25/01/2013
|
WA
|
Shark Bay Scallop Managed Fishery
|
Exempt
|
28/01/2013
|
WA
|
Shark Bay Prawn Managed Fishery
|
Exempt
|
28/01/2013
|
WA
|
Exmouth Gulf Prawn Managed Fishery
|
Exempt
|
04/02/2013
|
NT
|
Aquarium Fishery
|
WTO
|
12/02/2012
|
Commonwealth
|
Southern and Eastern Scalefish and Shark Fishery
|
WTO
|
25/02/2013
|
Commonwealth
|
Torres Strait Prawn Fishery
|
WTO
|
13/03/2013
|
Commonwealth
|
Bass Strait Central Zone Scallop
|
Exempt
|
08/04/2013
|
WA
|
Abrolhos Islands and Midwest Trawl Managed Fishery
|
Exempt
|
09/04/2013
|
WA
|
West Coast Deep Sea Crustacean Managed Fishery
|
Exempt
|
03/05/2013
|
WA
|
South Coast Trawl Fishery
|
WTO
|
14/05/2013
|
Commonwealth
|
Australian High Seas Permits
|
Exempt
|
20/05/2013
|
WA
|
West Coast Rock Lobster
|
WTO
|
28/05/2013
|
QLD
|
Coral Reef Fin Fish Fishery
|
WTO
|
12/06/2013
|
VIC
|
Victorian Abalone Fishery
|
Exempt
|
19/06/2013
|
Note: WTO = World Trade Organization.
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. Matters not completed within statutory timeframes in 2012–13 are listed in tables A14 and A15 below.
Table A14: Referrals, assessments and approvals in 2012–13
Section
|
Total
|
Late
|
Reasons for delay
|
75(5) Controlled action determination
|
404
|
139
|
Administrative delays
|
77(1) Controlled action determination notice
|
416
|
25
|
Administrative delays
|
77(4) Controlled action timing of reasons for decision
|
6
|
3
|
Administrative delays, Availability of decision-makers
|
88(1) Assessment approach decision
|
95
|
45
|
Administrative delays
|
88(2) Assessment approach decision and controlled action determination made on the same day
|
95
|
9
|
Administrative delays
|
91(1) Notice of decision on assessment approach
|
116
|
20
|
Administrative delays
|
95A(2) Request for further information
|
60
|
10
|
Administrative delays
|
95A(3) Direction to publish
|
47
|
17
|
Administrative delays
|
95C(2) Recommendation report
|
41
|
5
|
Administrative delays
|
96A(4)(a) Public Environment Report guidelines to designated proponent
|
3
|
1
|
Administrative delays
|
101A(4)(b) Provide Environmental Impact Assessment guidelines to designated proponent
|
8
|
3
|
Pressure of ministerial business
|
100(2) Provide Public environment report to the Minister
|
5
|
1
|
Further detailed information sought from proponent
|
130(1B) Timing of decision on approval
|
81
|
32
|
Administrative delays, Need for ongoing consultation with proponents over content of final approval conditions
|
145D(1) Minister must decide whether or not to extend the approval period
|
1
|
1
|
Administrative delays
|
156B(1) Decision whether to accept a varied proposal
|
23
|
6
|
Administrative delays, Delay in obtaining sufficient information to make decision
|
156E(2) Timing of written notice to accept a varied proposal
|
19
|
3
|
Administrative delays
|
156E(3) Direction to publish the request to accept a varied proposal
|
23
|
5
|
Administrative delays, Administrative error
|
156F(5) Publication of notice relating to change of person proposing to take action
|
10
|
3
|
Administrative delays, Administrative errors, Delay in reply from party invited to comment
|
170A(c) Publication of information relating to assessments: controlled action decisions
|
416
|
25
|
Administrative delays
|
170A(d) Publication of information relating to assessments: decisions on assessment approach
|
116
|
20
|
Administrative delays
|
170A(e) Publication of information relating to assessments: preliminary documentation
|
97
|
52
|
Administrative delays
|
170A(f) Publication of information relating to assessments: guidelines
|
15
|
6
|
Administrative delays
|
170A(h) Publication of information relating to assessments: reports or statements
|
17
|
13
|
Administrative delays
|
170A(ia) Publication of information relating to assessments: recommendation reports
|
50
|
41
|
Administrative delays
|
170A(j) Publication of information relating to assessments: other matters
|
81
|
9
|
Administrative delays
|
Table A15: Other provision
Section
|
Total
|
Late
|
Reasons for delay
|
194Q(3) Decision about inclusion of an item in the Subdivison A List. Minister to decide whether or not to include item
|
88
|
8
|
Delay in obtaining sufficient information to make decision and more information required
to make decision.
|
194Q(8) Decision about inclusion of an item in the Subdivison A List. Additional requirements if Minister decides not to include item
|
51
|
49
|
Administrative delays
|
266B(6) Approved conservation advice for listed threatened species and listed threatened ecological communities
|
31
|
25
|
Administrative delays
|
273(1) Deadline for recovery plan
|
35
|
28
|
Delays by state governments preparing/providing input to plans for adoption (affected 27 entities)
|
303CI Time limit for making permit decisions – CITES species
|
1556
|
3
|
Administrative delays
|
303DH Time limit for making permit decisions – native species
|
233
|
1
|
Administrative delays
|
303EG(1) Timing of decision about proposed amendment of list
|
4
|
2
|
Pressure of ministerial business
|
324JI(1) Council must comply by the time specified in the finalised priority assessment list
|
2
|
2
|
Need for additional stakeholder consultation and consider all material
|
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