· Web viewSection 516 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC...

5. Legislative reporting

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Operation of the Environment Protection and Biodiversity Conservation Act 1999 Section 516 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires the Minister to prepare an annual report on the operation of the EPBC Act. This section meets this reporting requirement for 2015–16.

PurposeThe objects of the EPBC Act are to:

provide for the protection of the environment, especially matters of national environmental significance

conserve Australian biodiversity protect and conserve world, national and Commonwealth heritage promote ecologically sustainable development promote a cooperative approach to the protection and management of the environment implement Australia’s international environmental responsibilities recognise the role of Aboriginal and Torres Strait Islander people in the conservation of

Australia’s biodiversity promote the use of Aboriginal and Torres Strait Islander people’s knowledge of biodiversity.

Further information is on the Department’s website

www.environment.gov.au/epbc/about

Operation

Environmental referrals, assessments and approvals

Matters of national environmental significance

The EPBC Act assessment and approval processes apply to any action likely to have a significant impact on a matter of national environmental significance. The nine matters of national environmental significance are:

world heritage properties national heritage places wetlands of international importance (often called ‘Ramsar’ wetlands after the international

treaty under which such wetlands are listed) nationally threatened species and ecological communities migratory species Commonwealth marine areas the Great Barrier Reef Marine Park nuclear actions (including uranium mining) a water resource, in relation to coal seam gas development and large coal

mining development.

When an action is referred to the Commonwealth for consideration under the EPBC Act, the Department of the Environment and Energy looks at the details of the action to see whether it will have a significant impact on matters of national environmental significance.

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http://www.environment.gov.au/epbc/about

The Minister or their delegate will then decide whether the action needs to be assessed further—this is the ‘referral decision’.

A referral decision will be one of the following:

Controlled action: this means that a significant impact on a matter of national environmental significance is likely and the activity needs Commonwealth assessment and approval. A method of assessment will then be chosen, which will vary depending on the scale and complexity of the activity (alternatively, the activity might be assessed under a bilateral agreement between the Commonwealth and a state or territory)

Not controlled action, particular manner: this means the activity does not need further assessment but must be carried out in the manner prescribed in the decision

Not controlled action: this means the activity does not need further assessment because it is not likely to have a significant impact on matters of national environmental significance

Clearly unacceptable: this means the activity cannot proceed because it is clear that it will have an unacceptable impact on matters of national environmental significance. This is a decision to refuse approval for the project.

For actions determined to be a ‘controlled action’ the Commonwealth will do an environmental impact assessment using one of the following methods:

Assessment on referral information: completed solely on the information provided in the referral form

Assessment on preliminary documentation: completed based on the referral form and any other material identified by the Minister as being necessary to adequately assess a proposed action

Assessment by environmental impact statement or public environment report Assessment by public inquiry Assessment under a bilateral agreement in accordance with a state/territory assessment

process specified in a bilateral agreement between the Commonwealth and the state/territory Accredited assessment in accordance with a state/territory or Australian Government process

that has been accredited by the Minister on a case-by-case basis.

Following the assessment, the Minister or their delegate will then make a decision to approve, approve with conditions or not approve the proposed action.

State and local government approvals may cover matters other than those protected by national environment law under their legislation, so an activity may need approval from all three levels of government. Throughout the assessment, the Department works with its state and territory counterparts to ensure information is shared and assessments are aligned where possible.

Alternatively, if a proposed action is covered by an assessment bilateral agreement then that action is assessed under the accredited state/territory process. After assessment, the proposed action still requires approval from the Minister under the EPBC Act.

Further information on EPBC Act referrals, approvals, assessments and matters of national environmental significance is provided in Tables 5.1–5.5 in Appendix A to this report and on our website. The Department publishes all referrals on its website to give the public an opportunity to comment.

www.environment.gov.au/epbc/public-notices

Strategic approaches

Strategic assessments under the EPBC Act consider Commonwealth and state or territory environmental planning issues in a single assessment. These assessments can reduce the

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http://www.environment.gov.au/epbc/public-notices

regulatory burden and reduce uncertainty for developers, landholders, planners, industry and government. Strategic assessments explicitly consider landscape-scale and cumulative environmental impacts.

Under section 146 of the EPBC Act the Minister may agree to assess the impacts of actions under a policy, plan or program, such as:

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

For further information see ‘Environment and heritage regulation’ in Part 2, ‘Annual performance statements’, page 37.

Actions by the Australian Government and actions on Commonwealth land

As well as protecting nine matters of national environmental significance, the EPBC Act regulates actions that have a significant environmental impact on Commonwealth land or that are carried out by an Australian Government agency, including the disposal of Commonwealth land. The agency or employee must inform the Minister of the proposal, and the Minister must assess the action before advising the agency or employee on how to proceed. The referral, assessment and approval process described above applies in the same way to actions on Commonwealth land and actions by Australian Government agencies.

In 2015–16, the Minister determined that two actions relating to Commonwealth land were controlled actions and that two were not controlled actions provided they are done in a particular manner.

We received five requests for advice from the Department of Infrastructure and Regional Development and Airservices Australia in relation to proposals involving Commonwealth airports. The Minister’s delegate determined that advice was not required for three of the proposals and that advice was required for two proposals. In one case we provided the advice; in the other case the provision of advice is pending, subject to internal processes.

Antarctic Treaty environment protection

The EPBC Act exempts certain actions from requiring permits if a permit for that action has been issued under the Antarctic Treaty (Environment Protection) Act 1980 (ATEP Act). The EPBC Act states that, where an action is taken in accordance with a permit issued under the ATEP Act and the permit is in force, certain actions involving listed threatened species and ecological communities, migratory species and listed marine species are not offences. Two of the permits issued by the Department under the ATEP Act in 2015–16 granted such exemptions.

Access to biological resources and benefit sharing

Part 8A of the Environment Protection and Biodiversity Conservation Regulations 2000 controls access to biological resources in Commonwealth areas for the purposes of research and development on genetic resources and biochemical compounds.

Under Part 8A of the Regulations, the Department issued 35 permits for access to biological resources in Commonwealth areas in 2015–16.

Cetacean permits

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In the Australian Whale Sanctuary (all Commonwealth waters from the three nautical mile state waters limit out to the boundary of Australia’s Exclusive Economic Zone) a permit under the EPBC Act is required to take, keep, move or interfere with (harass, chase, herd, tag, mark or brand) a cetacean or to possess or treat (divide or cut up, or extract any product from) a cetacean. Australian residents must get a permit to carry out such activities in waters beyond the sanctuary—that is, in international or foreign waters. In 2015–16, Australia issued five cetacean permits and varied the conditions of two existing cetacean permits (see Appendix A, Table 5.6).

www.environment.gov.au/marine/marine-species/cetaceans/australian-whale-sanctuary

Protection of natural and cultural places and values

The Government provides protection under the EPBC Act for World Heritage properties and for places on the National Heritage and Commonwealth Heritage lists. Under the EPBC Act, the Minister must give an approval before a proponent takes any action that may have a significant impact on the heritage values of a listed place.

Where a World Heritage property or National Heritage place is entirely within a Commonwealth area (or areas), the Minister must make a written plan for managing it. Where a World Heritage property or National Heritage place is in a state or a self-governing territory, the Commonwealth must use its best endeavours to ensure that a plan is prepared and implemented cooperatively with the state or territory. State and territory governments are responsible for managing most of Australia’s World Heritage places. As at 30 June 2016, management plans for eight of these World Heritage properties were under review or being updated.

Management plans are in place for all World Heritage properties managed by the Commonwealth. The Department is undertaking a review of the management arrangements for listed heritage places, including contacting place owners and managers and reviewing the consistency of plans with the management principles in the EPBC Regulations.

Management plans for World Heritage properties must be consistent with Australia’s obligations under the World Heritage Convention and Australia’s World Heritage management principles. The EPBC Regulations prescribe principles for managing National Heritage places.

The Commonwealth agency that owns or controls a Commonwealth Heritage place must make a written plan for managing it. The plan must address matters prescribed by the EPBC Regulations and not be inconsistent with the Commonwealth Heritage management principles.

World Heritage List

Australia has 19 properties on the World Heritage List. These properties—some of which have multiple sites—are protected under the EPBC Act and have associated management requirements. All Australian properties on the World Heritage List have management plans.

At its meeting in July 2015 the World Heritage Committee requested that Australia invite a monitoring mission to review and provide advice on the Tasmanian Wilderness World Heritage Area, including on the revision of the management plan, a survey of the property’s cultural attributes, further work on the Statement of Outstanding Universal Value and the state of conservation of the property as a whole.

In November 2015, experts representing the International Union for the Conservation of Nature and the International Council on Monuments and Sites visited Tasmania to see first-hand the management of the property and meet with stakeholders representing a wide range of community interests.

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http://www.environment.gov.au/marine/marine-species/cetaceans/australian-whale-sanctuary

The Australian and Tasmanian governments welcomed the report of the reactive monitoring mission when it was released by the United Nations Educational, Scientific and Cultural Organisation World Heritage Centre in March 2016. The governments accepted all of the mission’s recommendations. Responses to each recommendation were included in the State Party Report on the State of Conservation of the Tasmanian Wilderness World Heritage Area that was submitted to the World Heritage Centre in April 2016.

National Heritage List

Each year the Minister is required to set a Finalised Priority Assessment List for the National Heritage List identifying places that the Australian Heritage Council will assess for their National Heritage values. The complete list of places that the council is currently assessing for National Heritage values is published on our website.

www.environment.gov.au/topics/heritage/heritage-places/finalised-priority-assessment-lists

The council completed preliminary consultations and National Heritage assessments for four places during 2015–16, and its final assessment for another. The Minister added three places to the National Heritage List: the Burke, Wills, King and Yandruwandha National Heritage Place (SA, QLD); Fitzgerald River National Park (WA) and Lesueur National Park (WA). In accordance with the requirements of the EPBC Act the Department will use its best endeavours to ensure a plan for managing the National Heritage values of each of these places is prepared in cooperation with place owners and managers.

Commonwealth Heritage List

Eight places were added to the Commonwealth Heritage List: six air traffic control towers (NSW, VIC, SA, TAS), Bundanon Trust Property (NSW) and the Royal Australian Mint (ACT). One place became ineligible (after its transfer to a non-Commonwealth agency) and was removed. There are 396 places on the Commonwealth Heritage List.

Commonwealth reserves

The EPBC Act provides for establishing and protecting Commonwealth reserves, including marine and terrestrial areas, through preparing and implementing management plans and issuing permits for a range of activities.

The Director of National Parks is responsible for managing an estate of marine and terrestrial protected areas that are Commonwealth reserves. The Director of National Parks prepares a separate annual report on their management which is available on the Parks Australia website.

www.environment.gov.au/topics/national-parks/parks-australia/publications

As at 30 June 2016, the Director of National Parks is responsible for managing seven Commonwealth terrestrial and 59 Commonwealth marine reserves. Of these, management plans are in place for all terrestrial reserves and the South-east Commonwealth Marine Reserves Network, which comprises 14 marine reserves.

An independent Commonwealth Marine Reserves Review was completed with reports of the Bioregional Advisory Panel and Expert Scientific Panel provided to Government in December 2015. The review addressed zoning and management arrangements and the future research and monitoring priorities for the Commonwealth marine reserves proclaimed in 2012. The panels undertook extensive consultation, including over 260 stakeholder meetings conducted in five regions, a round of public submissions and an online survey. The review will be publicly released and will inform public consultations on the new management plans that will be developed

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http://www.environment.gov.au/topics/national-parks/parks-australia/publications

http://www.environment.gov.au/topics/heritage/heritage-places/finalised-priority-assessment-lists

by the Director of National Parks.

Under delegation from the Director of National Parks, staff of the Department’s Australian Antarctic Division manage the Heard Island and McDonald Islands Marine Reserve under the Heard Island and McDonald Islands Marine Reserve Management Plan 2014–2024.

The EPBC Act and Regulations prohibit a range of activities in Commonwealth reserves unless authorised. Under the Regulations, the Director of National Parks may prohibit, restrict or determine the manner of conduct of certain activities. Contravening a provision of the Act or Regulations is a criminal offence and civil pecuniary penalties may be imposed for certain unauthorised actions.

A whole-of-government approach is taken to compliance and enforcement in Commonwealth marine reserves, supporting aerial and vessel patrols, vessel monitoring and enforcement investigations. In addition to the role of officers of the Australian Federal Police and the Australian Border Force, officers from other agencies—including the Australian Fisheries Management Authority, state and territory police, and fisheries and conservation agencies—can be appointed as wardens under the EPBC Act after completing the required training. These arrangements greatly increase the ability of the Director of National Parks to enforce the EPBC Act in remote Commonwealth reserves. Further information on compliance and enforcement in terrestrial (Table 5.7) and marine (Table 5.8) reserves is in Appendix A.

Protection of species and ecological communities

The EPBC Act provides for the protection of Australia’s native species and ecological communities through a range of measures, including:

identifying and listing threatened species and ecological communities and migratory and marine species

developing conservation advices and, where appropriate, recovery plans for listed threatened species and ecological communities to identify threats and prioritise actions to provide for recovery

developing wildlife conservation plans for the protection, conservation and management of listed migratory species, listed marine species, species of cetaceans and conservation-dependent species

recognising key threatening processes and, where appropriate, developing threat abatement plans to guide action to abate threats

regulating export trade in specimens derived from regulated native species assessing the management arrangements of Australian fisheries, including all Commonwealth-

managed fisheries and all state and territory fisheries with an export component, to help ensure they are managed in an ecologically sustainable way.

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Species and ecological community listing assessment outcomes

The Minister may list threatened fauna and flora in six categories defined by the EPBC Act: extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation-dependent. Species listed as extinct in the wild, critically endangered, endangered or vulnerable are matters of national environmental significance. The Threatened Species Scientific Committee advises the Minister on these listings.

The Minister made listing decisions on assessments for 72 species. There were 40 new species listings, 19 deletions, five transfers to higher threat categories and eight species retained in the same category. The listings are detailed in Tables 5.9 and 5.10 in Appendix A.

At the time of listing, extensive information was published in approved conservation advices on the status and distribution of each species, the main factors that led to its eligibility for listing and priority conservation actions.

Ecological communities can be listed as critically endangered, endangered or vulnerable. Those listed as critically endangered and endangered are matters of national environmental significance. Listing ecological communities helps to protect vital species habitat and ecosystem functions.

The Minister made listing decisions on the assessments for five ecological communities. There were four new listings:

Southern Highlands shale forest and woodland in the Sydney Basin Bioregion (critically endangered)

Eucalypt woodlands of the Western Australian wheatbelt (critically endangered) Natural temperate grassland of the South Eastern Highlands (critically endangered) Warkworth Sands woodland of the Hunter Valley (critically endangered).

Following a listing review, Natural temperate grassland of the Southern Tablelands (NSW and ACT) was deleted.

Conservation advices and recovery plans

The EPBC Act provides for making or adopting recovery plans and approved conservation advices for listed threatened species and ecological communities.

Approved conservation advices provide guidance on recovery and threat abatement activities, including research priorities to ensure the conservation of newly listed species or ecological communities. The Minister is required, in certain circumstances, to have regard to approved conservation advices when deciding whether to approve an action under Part 9 of the EPBC Act. The Minister or his delegate approved 176 new or revised conservation advices for species and five new conservation advices for ecological communities.

The Department prepared and published on our website conservation advices for all new listings and for species and ecological communities that have been transferred between categories.

www.environment.gov.au/cgi-bin/sprat/public/sprat.pl

Recovery plans set out the research and management actions needed to stop the decline and support the recovery of listed threatened species or threatened ecological communities. The Department, with state and territory government environment agencies, invested in the recovery of threatened species and ecological communities by developing and implementing recovery plans. The Minister approved 10 recovery plans, covering 20 species and one ecological community (see Appendix A, Tables 5.11 and 5.12).

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http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl

The Department published six guidelines that provide information to help with regulatory decision-making about individual listed species or groups of listed species. The Department published guides to help land managers, environment professionals and the general public to identify, assess and manage two ecological communities (Natural temperate grassland of the South Eastern Highlands and Central Hunter Valley eucalypt forest and woodland) on the Species Profile and Threats database. These publications are listed in Appendix C.

Wildlife conservation plans

A wildlife conservation plan sets out the research and management actions necessary to support survival of one or more migratory, marine, conservation-dependent or cetacean species listed under the EPBC Act that, while not considered threatened, would benefit from a nationally coordinated approach to conservation. The Minister approved one wildlife conservation plan covering 35 species of migratory shorebirds.

www.environment.gov.au/biodiversity/publications/wildlife-conservation-plan-migratory-shorebirds-2016

Key threatening processes and threat abatement plans

The EPBC Act provides for the listing of key threatening processes. A threatening process is one that threatens or may threaten the survival, abundance or evolutionary development of a native species or ecological community (Appendix A, Table 5.13 details all listed threatening processes). The Threatened Species Scientific Committee advises the Minister on the listing of key threatening processes and on whether a threat abatement plan or other action is needed to abate these processes.

The Minister approved the Threat abatement plan for predation by feral cats.

The Department completed statutory reviews of the:

Threat abatement plan for the biological effects, including lethal toxic ingestion, caused by cane toads (2011)

Threat abatement plan to reduce the impacts of exotic rodents on biodiversity on Australian offshore islands of less than 100,000 hectares (2009)

Threat abatement plan for beak and feather disease affecting endangered psittacine species (2005).

Threat abatement plans are published on our website.

www.environment.gov.au/biodiversity/threatened/threat-abatement-plans

Wildlife trade and management

Under the EPBC Act, the Department can grant approvals to export specimens derived from regulated native species or species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or to import regulated live animals. Trade in native or CITES-listed specimens may be permitted in certain circumstances if the trade is for an authorised commercial or non-commercial purpose, such as where the species have been derived from an approved captive breeding program, an artificial propagation program, an aquaculture program, a wildlife trade operation or a wildlife trade management plan.

In 2015–16, the Department approved:

five artificial propagation programs two aquaculture programs

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http://www.environment.gov.au/biodiversity/threatened/threat-abatement-plans

http://www.environment.gov.au/biodiversity/publications/wildlife-conservation-plan-migratory-shorebirds-2016

http://www.environment.gov.au/biodiversity/publications/wildlife-conservation-plan-migratory-shorebirds-2016

four wildlife trade operations (non-fisheries) two wildlife trade management plans.

We completed 58 assessments for transfers of a wide range of live animals, including gorilla (Gorilla gorilla), common wombat (Vombatus ursinus) and Philippine crocodile (Crocodylus mindorensis), for exhibition in zoos and aquaria. Of these, 52 required assessments of the facilities to ensure their suitability to house the animals.

Import of wildlife products

Under Part 13A of the EPBC Act it is an offence to import or export a CITES-listed specimen, export a regulated native specimen or import a regulated live specimen unless a permit has been issued or the import or export is covered by an exemption under the Act. Where products from CITES-listed species are imported into Australia without the required permits, the products may be seized (Appendix A, Table 5.14). The most common items seized were traditional medicines that included extracts of animal or plant products.

Case Study – Exotic fish in man’s luggageWhere products made from CITES-listed species are imported into Australia without the required permits, the products are considered to have entered the country illegally. These products can be seized on the Department’s behalf by the Department of Immigration and Border Protection. Commonly seized products include decorations made from ivory and traditional medicines made from parts of endangered animals, such as rhino horns.

In 2015, the Department of Immigration and Border Protection detected 20 plastic bags containing 176 live exotic aquarium fish concealed in a Singaporean man’s luggage on his arrival at Adelaide Airport from Singapore. The Singaporean national and an Australian national, who was the intended recipient, were convicted of illegally importing the exotic fish. Both men were sentenced to two years and seven months imprisonment.

In 2015–16, Australia issued 1400 permits for the import of wildlife. Of these, 1381 were for CITES-listed wildlife, 11 for non-CITES-listed live animals and eight for testing. The testing permits were issued for importing insects for trials of biological controls of invasive species. Species most often covered by import permits include alligators, crocodiles, caimans, monitors and pythons. All permits for these species were associated with the fashion industry, including items such as handbags, shoes, watchstraps and belts. The top 10 species covered by wildlife import permits account for 69 per cent of all such permits issued (see Appendix A, Table 5.15).

Live imports

The live import list comprises species and specimens that may be imported live into Australia. A person cannot legally import live specimens of a species that is not listed on the live import list, even if it has previously been imported or is already known to be in Australia. Anyone can apply to the Minister to amend the live import list to include a new species.

The applicant must provide a report that assesses the risks the species may pose to the Australian environment. Each species proposed for inclusion on the live import list is the subject of a detailed assessment, including public consultation. In 2015–16, the Minister approved two additions to the live import list:

a microwasp (Tachardiaephagus somervillei), included under Part 2 of the list as a biocontrol agent for yellow crazy ants on Christmas Island only

a cochineal insect (Dactylopius tormentosus), included under Part 1 of the list as a biocontrol

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agent for chain fruit cholla (an invasive cactus).

The Minister refused two proposed additions to the list:

Asian arowana (Scleropages formosus) Myanmar arowana (Scleropages inscriptus).

The Department is assessing four further applications received during the year for amendments to the live import list.

Exports of wildlife products

The EPBC Act requires wildlife harvesting for export to be ecologically sustainable and, for live animals, to meet welfare requirements. Commercial exports of items containing native species must be sourced from a program that demonstrates the ecological sustainability of the harvest. Aside from commercial fisheries, over 100 such programs are currently approved under the EPBC Act for native species including plants, saltwater crocodiles, kangaroos, possums and some invertebrates.

Exports of regulated native species and CITES-listed species usually require a permit under Part 13A of the EPBC Act. In 2015–16, Australia issued 711 permits for the export of wildlife. Of these, 405 permits were issued for the export of CITES-listed wildlife, 214 for native species (non-CITES listed wildlife) and 92 for other regulated wildlife exports. In addition, 12,537 personal baggage permits were issued for the export of personal items containing regulated wildlife products.

Species most often covered by wildlife export permits include crocodiles, alligators, corals, kangaroos, pythons, elephants and blackbuck (see Appendix A, Table 5.16). Exports of crocodile, alligator and python products are generally associated with fashion items such as handbags, shoes, watchstraps and belts. Corals were usually exported live in the aquarium trade, kangaroos generally as meat and skins and elephant products generally as antique ivory items. Blackbuck items are exported as hunting trophies. As individual export permits often cover multiple species and the total number of different species exported is high, the top 10 species covered by export permits accounted for only 16 per cent of all wildlife export permits issued.

Fisheries assessment and approvals

Under the EPBC Act the Department assesses Australian fisheries to ensure they are managed in an ecologically sustainable way and to identify areas for improvement. Of the 43 fisheries we assessed in 2015–16, three were Commonwealth managed, 36 were state managed and four were smaller scale operations. Eleven fisheries were approved as wildlife trade operations and 32 were exempted from the export provisions of the EPBC Act. Of the 32 fisheries exempted, 30 received 10-year exemptions and two received five-year exemptions. See the case study 'Longer-term export approvals for low-risk fisheries' in Part 2, ‘Annual performance statements’, page 51.

The Department assessed all fisheries consistent with statutory requirements (see Appendix A, Table 5.17). Following these assessments, we imposed conditions and/or recommendations intended to maintain or improve the ecologically sustainable management of the fisheries in the short to medium term. We published the conditions and recommendations for fisheries in detailed reports on our website.

www.environment.gov.au/coasts/fisheries/index.html

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Meeting statutory time frames under section 518 of the EPBC Act

Section 518 of the EPBC Act provides for reporting of non-compliance with time limits imposed under the EPBC Act. In 2015–16 we made 66 per cent of the 1389 referral, assessment and approval decisions under the EPBC Act within the statutory time frame. Further information on statutory time frames for referral, assessment and approval is in Table 5.18 in Appendix A.

In 2015–16, we made 99 per cent of the 2073 decisions under other provisions of the EPBC Act within the statutory time frame. Information on decisions that did not meet statutory time frames and the reason for the delay is provided in Table 5.19 in Appendix A.

Decisions and legal actions

The EPBC Act provides a framework to protect Australia’s matters of national environmental significance. It provides for enforcement mechanisms for managing suspected or identified instances of non-compliance and for reviewing the compliance of referred projects. Enforcement mechanisms include environmental audits, infringement notices and civil and criminal penalties. Remediation orders and determinations may require repair or mitigation of environmental damage.

The following matters were determined by courts during 2015–16:

On 8 July 2015, Mr Jamie Gentles was convicted and fined $1500 in the New South Wales Magistrates Court at Port Macquarie for an offence against regulation 12.56(1) of the EPBC Regulations. On 27 April 2014, Mr Gentles was detected using a recreational fishing vessel with fishing equipment not stowed and secured in the Cod Grounds Commonwealth Marine Reserve contrary to a prohibition on recreational fishing in the reserve.

On 14 April 2016, Mr Jack O’Connor and Mr Alexander Chala were convicted in the Northern Territory Local Court at Darwin for offences against the EPBC Regulations. Mr O’Connor was fined $3500 and Mr Chala $2500. In addition, items used in the commission of the offences, with a value of about $4500, were ordered to be forfeited to the Commonwealth. The offenders were detected in Kakadu National Park on 14 October 2015 engaged in illegal pig-hunting activities.

On 30 May 2016, Mr Myles McIntosh was convicted and fined $8000 in the Queensland District Court at Maroochydore for an offence against section 354A(5) of the EPBC Act. In February 2015, Mr McIntosh was the master of the Australian fishing vessel Santa Lucia, which was detected undertaking commercial long-line fishing in the sanctuary zone surrounding Elizabeth Reef within the Lord Howe Commonwealth Marine Reserve.

On 24 June 2016, the masters and 28 crew of two Vietnamese fishing vessels were convicted in the Northern Territory Local Court at Darwin for offences against section 354A(5) of the EPBC Act. The master of one vessel was sentenced to four months imprisonment, and the master of the other vessel to three months imprisonment. All crew members were sentenced to two months imprisonment. The masters and crew were also convicted and sentenced to imprisonment for periods ranging from two to seven months for offences against sections 100B and 101AA of the Fisheries Management Act 1999. All sentences were ordered to be served concurrently but suspended on the offenders entering into good behaviour bonds (three years for the masters and two years for the crew members). The two vessels were apprehended on 2 June 2016 undertaking illegal fishing within the Lihou Reef Sanctuary Zone of the Coral Sea Commonwealth Marine Reserve.

On 29 July 2015, Mr Darryl Tan was convicted and fined $19,000 in the Downing Centre Local Court (Sydney) for offences against sections 303CD, 303EK and 303GN of the EPBC Act. Mr Tan had entered a plea of guilty to charges of importing and possessing CITES-listed species.

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On 3 November 2015, the master of an Indonesian Type 2 Foreign Fishing Vessel was sentenced to a $900 fine for offences against section 229(C) of the EPBC Act. The vessel was apprehended on 10 October 2015 after being intercepted about 120 nautical miles off north Western Australia. The investigation revealed that the bait on the hooks was meat from a melon-headed whale (a cetacean).

On 5 April 2016, Mr Norman Wayne Gardner was convicted and fined $7500 in the Darwin Magistrates Court for aiding and abetting the commission of an offence against section 74AA of the EPBC Act. The offence, which was committed between July and December 2012, involved the clearing of land to construct a haul road connecting a mine site to Bing Bong Port in the Northern Territory before receiving Commonwealth approval.

As at 30 June 2016, three other matters were before the courts.

Statement of reasons

Section 13 of the Administrative Decisions (Judicial Review) Act 1977 provides that a person aggrieved by a decision made under legislation may request a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision (statement of reasons). Additionally, sections 77(4)(b) and 78C(4)(b) of the EPBC Act allow people to request a statement of reasons about controlled action decisions and the reconsideration of controlled action decisions.

Eleven statements of reasons were provided in response to 13 requests made in 2015–16 under the Administrative Decisions (Judicial Review) Act 1977 and the EPBC Act. The two additional statements of reasons were due and responded to in July 2016.

Reconsideration of a decision

Under section 78 of the EPBC Act, reconsideration of a referral decision under section 75 of the Act is available in limited circumstances. Typically reconsiderations are completed on request when there is substantial new information or a substantial change in the likely effects on protected matters.

In 2015–16, the Minister or his delegate made 196 referral decisions, of which three were reconsidered decisions.

Committees

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development

The Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (IESC) is a statutory committee established in October 2012 under the EPBC Act. The IESC provides independent scientific advice to the Australian, Queensland, New South Wales, Victorian and South Australian governments on the water-related impacts of coal seam gas and large coal mining development, including any impacts of associated salt production and/or salinity. The IESC draws on its expertise in hydrology, hydrogeology, geology and ecology and on the best available science, such as that being delivered through the Australian Government’s Bioregional Assessment Program, to formulate its advice. This process is strengthening the science supporting environmental regulatory decision-making.

The IESC held eight meetings during 2015–16, preparing advice on the water-related impacts of eight large coal mines for the Australian, New South Wales and Queensland governments. Membership details are at Appendix B, Table 5.20. Further information is on the IESC website.

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www.iesc.environment.gov.au

Indigenous Advisory Committee

The Indigenous Advisory Committee, established under section 505A of the EPBC Act, provides advice to the Minister on the operations of the EPBC Act by incorporating Aboriginal and Torres Strait Islander people’s knowledge of land management and the conservation and sustainable use of biodiversity. The committee held one face-to-face meeting in Canberra in 2015–16 and three meetings by teleconference. Membership details are at Appendix B, Table 5.21. Further information is on our website.

www.environment.gov.au/indigenous/committees/iac.html

Australian Heritage Council

The Australian Heritage Council, established under the Australian Heritage Council Act 2003, is the Australian Government’s principal advisory body on heritage matters. It is responsible under the EPBC Act for assessing the heritage values of places nominated for possible inclusion in the National Heritage List and Commonwealth Heritage List and for advising the Minister on heritage issues. The council met four times in 2015–16. Membership details are at Appendix B, Table 5.22.

www.environment.gov.au/heritage/organisations/australian-heritage-council

Threatened Species Scientific Committee

The Threatened Species Scientific Committee, established under section 502 of the EPBC Act, advises the Minister on amending and updating lists of threatened species, threatened ecological communities and key threatening processes, all listed under the EPBC Act. It advises on the development or adoption of recovery and threat abatement plans. The committee had four major meetings in 2015–16. Membership details are at Appendix B, Table 5.23.

www.environment.gov.au/biodiversity/threatened/tssc

Legislative amendments

Autumn and Spring Omnibus Bills

The Omnibus Repeal Day (Autumn 2015) Bill 2015 was introduced to the House of Representatives on 18 March 2015 and to the Senate on 12 October 2015. It included technical amendments to the EPBC Act to abolish the Biological Diversity Advisory Committee and remove spent provisions. The Bill passed on 4 May 2016 and received royal assent on 5 May 2016.

The Omnibus Repeal Day (Spring 2015) Bill 2015 was introduced to the House of Representatives on 12 November 2015 and to the Senate on 2 February 2016. It included technical amendments to the EPBC Act to correct minor inaccuracies and to remove a redundant publishing requirement. The Bill was before the Senate when it lapsed at the prorogation of the 44th Parliament on 17 April 2016.

One Stop Shop Bill

The Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014 (One Stop Shop Bill) was introduced to the House of Representatives on 14 May 2014 and to the Senate on 19 June 2014. It included amendments to the EPBC Act to enable the One Stop Shop policy and the operation of bilateral agreements.

On 14 September 2015, the Government moved amendments in the Senate to exclude the ‘water

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http://www.environment.gov.au/biodiversity/threatened/tssc

http://www.environment.gov.au/heritage/organisations/australian-heritage-council

http://www.environment.gov.au/indigenous/committees/iac.html

http://www.iesc.environment.gov.au/

trigger’ from the scope of approval bilateral agreements and to make some other minor technical amendments.

The Bill was before the Senate when it lapsed at the prorogation of the 44th Parliament on 17 April 2016.

Standing Bill

The Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015 was introduced to the House of Representatives on 20 August 2015 and to the Senate on 14 September 2015. It included an amendment to repeal section 487 of the EPBC Act, which provides extended standing to seek review of decisions made under the Act.

The Bill was before the Senate when it lapsed at the prorogation of the 44th Parliament on 17 April 2016.

Appendix A: Statistics and other information

This appendix comprises statistics on the operation of the EPBC Act in 2015–16.

Environmental referrals, assessments and approvals

Table 5.1: Overview of EPBC Act referrals and approval of actions, 2015–16

2015–16 Total since EPBC Act commenced in 2000

Referral decisionsTotal referrals received 209 5574

Referrals withdrawn before (controlled action) decision 9 255

Referrals where a decision has been made (including reconsiderations)

196 5244

Approval required—controlled action 72 1528

Approval not required—action to be taken in a particular manner

30 1042

Approval not required—no conditions on action 94 2665

Action clearly unacceptable 0 9

Referrals lapsed 1 66

Referrals withdrawn after (controlled action) decision 11 313

Approval of actions Action approved 55 854

Action not approved 0 11

Awaiting approval as at 30 June 2016 45 N/A

Awaiting further information from proponents 19 N/ANotes: As at 30 June 2016, 66 referrals were still being processed. With the upgrade of environment assessment databases, differences in total figures may appear when compared to previous years as data integrity has been improved.

Table 5.2: Decisions on EPBC Act referrals made in 2015–16, by jurisdiction

Decisions made in 2015–16Action clearly unacceptable

Approval required Approval not required Total decision

sCA PM NCA

15

ACT 0 1 2 1 4

Commonwealth marine 0 0 3 1 4

NSW 0 21 9 10 40

Norfolk Island 0 0 0 1 1

NT 0 5 1 1 7

QLD 0 18 6 28 52

SA 0 1 1 6 8

TAS 0 0 0 2 2

VIC 0 9 4 15 28

WA 0 17 4 29 50

Total 0 72 30 94 196Notes: CA = controlled action; PM = action to be taken in a particular manner; NCA = not controlled action. Total decisions includes three reconsiderations.

Table 5.3: Decisions on EPBC Act referrals made in 2015–16, by activity category


Approval required Approval not required Total decisionsCA PM NCA

Aquaculture 0 1 0 0 1

Commercial development

0 12 1 15 28

Commonwealth 0 0 2 1 3

Commonwealth development

0 1 0 0 1

Energy generation and supply (non-renewable)

0 1 1 4 6

Energy generation and supply (renewable)

0 1 1 5 7

Exploration (mineral, oil and gas—marine)

0 0 2 0 2

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

0 0 1 0 1

Mining 0 24 3 6 33

Natural resources management

0 2 0 4 6

Residential development 0 13 3 13 29

Science and research 0 0 1 2 3

Telecommunications 0 0 2 2 4

Tourism and recreation 0 3 0 4 7

Transport—land 0 10 6 22 38

Transport—water 0 0 3 3 6

Waste management (non-sewerage)

0 1 2 2 5

Waste management (sewerage)

0 1 0 2 3

Water management and use

0 2 2 9 13

16


Approval required Approval not required Total decisionsCA PM NCA

Total 0 72 30 94 196Notes: CA = controlled action; PM = action to be taken in a particular manner; NCA = not controlled action. Total decisions includes three reconsiderations.

Table 5.4: Decisions on assessment approach made in 2015–16, by type

Assessments active

Assessments completed

Assessments withdrawn

Assessments lapsed

Total decisions

on assessment

Commonwealth assessmentsPreliminary documentation

42 2 0 0 44

Public environment report

3 0 0 0 3

Referral information 0 0 0 0 0

Environmental impact statement

1 0 0 0 1

State/territory assessmentsBilateral assessment 18 1 0 0 19

Accredited process 0 0 0 0 0

Total 64 3 0 0 67

Table 5.5: Matters of national environmental significance under the EPBC Act considered in relation to impacts of proposed action, 2015–16

Matter protected Not controlled action—particular

manner

Controlled action

Division 1 Matters of national environmental significanceSection 12 World Heritage values of a World Heritage listed

property3 3

Section 15B National Heritage values of a National Heritage listed place

3 3

Section 16 Ecological character of a declared Ramsar wetland 3 2

Section 18 Listed threatened species or ecological community 24 70

Section 20 Listed migratory species 8 10

Section 21 Nuclear activities with a significant impact on the environment

1 1

Section 23 Commonwealth marine environment 5 1

Section 24B Activities in the Great Barrier Reef Marine Park 1 1

Section 24D Affects at least one water resource 0 6

Division 2Section 26 Commonwealth land 2 2

Section 27B Activities involving Commonwealth Heritage listed places overseas

1 0

Section 28 Commonwealth or Commonwealth agency activity 3 117

Matter protected Not controlled action—particular

manner

Controlled action

Total 54 100Note: This table refers to matters of national environmental significance considered in 2015–16 by section and decision. There is no relationship between the totals in this table and the number of referrals considered during 2015–16 because proposed actions may impact more than one matter of national environmental significance.

Access to biological resources and benefit sharing

Table 5.6: Applications received and permits granted for cetacean research or impacts under the EPBC Act, 2015–16

Section of EPBC Act Applications received

Permits granted

Conditions varied or revoked

Suspended or cancelled

238(3)(a) cetacean conservation; or (b) incidental interference

5 5 2 permits had conditions varied

0

238(3)(c) whale watching 0 0 0 0

Total 5 5 2 0

Protection of natural and cultural places and values

Table 5.7: Compliance and enforcement under the EPBC Act in terrestrial reserves during 2015–16

Compliance and enforcement actions Visitors Tour operators

Other commercial operators

EPBC Act and Regulations incidents detecteda 76 10 0

Verbal cautions issued 16 7 0

Warning notices issued 39 2 0

Infringement notices issuedb 23 1 0

Permit/approval suspensions/cancellations 0 0 0

Court actions commenced (criminal) 2 0 0

Court actions completed (criminal: successful) 2 0 0

Court actions ongoing at 30 June (criminal) 0 0 0a Excludes notices of charges payable issued

b Multiple infringement notices may be issued for each reported incident

Table 5.8: Compliance and enforcement under the EPBC Act in marine reserves during 2015–16

Compliance and enforcement actions NumberEPBC Act and Regulations incidents detecteda 128

Warnings notices issued 21

Infringement notices issued 10

Permit/approval suspensions/cancellations 0

Court actions commenced (31 criminal; 1 civil)b 32

Court actions completed (32 criminal: successful; 0 civil)c 32

Court actions ongoing at 30 June 2016 (2 criminal; 1 civil) 3a Incidents detected refers to all incidents in marine reserves, including those where no enforcement actions were required.

18

b Large number of court actions reflects the prosecution of the masters and 28 crew of two Vietnamese fishing vessels for offences against section 354A(5) of the EPBC Act.

c Some court actions completed or ongoing as at 30 June 2016 began before 1 July 2015.

Protection of species and ecological communities

Table 5.9: Species and ecological communities listing outcomes under the EPBC Act, 2015–16

Species and ecological communities StatusListings (scientific name or name of ecological community)Eucalypt woodlands of the Western Australian wheatbelt Listed as critically endangered

(4 ecological communities, 10 species)

Natural temperate grassland of the South Eastern Highlands

Southern Highlands shale forest and woodland in the Sydney Basin Bioregion

Warkworth Sands woodland of the Hunter Valley

Acacia leptoneuraCalidris tenuirostrisCallistemon megalongensisCalochilus cupreusGalaxias rostratusLimosa lapponica menzbieriOrdtrachia septentrionalisPhyllurus gulbaruPterostylis psammophilaThelymitra hygrophilaAmytornis dorotheae Listed as endangered

(13 species)Atriplex yeelirrieCalidris canutusCharadrius mongolusDasyurus viverrinusEucalyptus macarthuriiHipposideros inornatusParalucia pyrodiscus lucidaPetrogale coenensisPetrogale concinna canescensPetrogale concinna monastriaStylidium ensatumVeronica parnkallianaAcanthiza iredalei rosinae Listed as vulnerable

(17 species)Antechinus bellusAntechinus minimus maritimusCharadrius leschenaultiiEucalyptus aggregataGrantiella pictaLimosa lapponica baueriMacroderma gigas

19

Species and ecological communities StatusMastacomys fuscus mordicusMirafra javanica melvillensisPetauroides volansPetrogale sharmaniPetrogale xanthopus celerisProbosciger aterrimus macgillivrayiPlatycercus caledonicus browniiStrepera fuliginosa coleiZoothera lunulata halmaturina

Transferred species: uplistingsAnthochaera phrygia Transferred from endangered to

critically endangered (2 species)Lathamus discolorMalurus coronatus coronatus Transferred from vulnerable to

endangered

Oberonia attenuata Transferred from extinct to critically endangered

Pedionomus torquatus Transferred from vulnerable to critically endangered

Retained in the same categoryPtilotus pyramidatus Retained as critically endangered

Isoodon obesulus obesulus Retained as endangered (2 species)Streblus pendulinus

Erythrotriorchis radiatus Retained as vulnerable (5 species)Falcunculus frontatus whitei

Geophaps scripta scriptaPolytelis swainsoniTurnix melanogaster

DeletionsArgyreia soutteri Deleted from extinct

(2 species)Diplocaulobium masoniiNatural temperate grassland of the Southern Tablelands (NSW and ACT)

Deleted from endangered (1 ecological community, 8 species)Caladenia carnea var. subulata

Centrolepis caespitosaCorybas sp. Finniss (R. Bates 28794)

Epiblema grandiflorum var. cyaneum K.W. Dixon nom. inval.

Phaius tancarvilleaePrasophyllum uroglossumRytidosperma popinensisVerticordia plumosa var. pleiobotryaBosistoa selwynii Deleted from vulnerable

(9 species)Cacatua pastinator pastinatorCallitriche cyclocarpaCarex paupera

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Species and ecological communities StatusCarex tasmanicaEgernia stokesii aethiopsNotoryctes caurinusNotoryctes typhlopsSarcochilus roseus

Table 5.10: Number of nominations and changes to the lists of threatened species, ecological communities and key threatening processes under the EPBC Act in 2015–16

Species Ecological communities

Key threatening processes

Items on which the Threatened Species Scientific Committee has provided advice to the Ministera

72 5 0

Ministerial decisions made on Threatened Species Scientific Committee advice

72 5 0

Ministerial decisions pending Threatened Species Scientific Committee advice

0 0 0

Ministerial decisions made on Threatened Species Scientific Committee advice in the following categories:

Uplisted 5 0 N/A

Downlisted 0 0 N/A

New 40 4 0

Deleted 19 1 0

Amendments to the list 64 5 0

Rejected/ineligible 0 0 0

No change in status 8 0 0a Includes assessments in progress from the 2014 and 2015 Finalised Priority Assessment List.

Table 5.11: EPBC Act listed threatened species and ecological communities covered by recovery plans, as at 30 June 2016

Species Ecological communities

Total

Total number of listed threatened entities 1794 75 1869

Number of listed threatened entities covered by recovery plans in force

729 25 754

Number of listed threatened entities requiring recovery plans but not covered by a recovery plan in forcea

148 32 180

a The Minister determines whether listed threatened entities require a recovery plan. An approved conservation advice is required for listed threatened entities that do not require a recovery plan.

Table 5.12: Recovery plans made or adopted under the EPBC Act in 2015–16

Recovery plan Date made or adopted Listed threatened entities covered

National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens ecological community

21 December 2015 Alpine Sphagnum Bogs and Associated Fens Ecological Community

White-bellied and Orange-bellied Frogs (Geocrinia alba and Geocrinia vitellina) Recovery Plan

21 August 2015 Geocrinia albaGeocrinia vitellina

21

Recovery plan Date made or adopted Listed threatened entities covered

Blue Whale Conservation Management Plan 3 October 2015 Balaenoptera musculusSawfish and River Sharks Multispecies Recovery Plan

7 November 2015 Glyphis garrickiGlyphis glyphisPristis clavataPristis pristisPristis zijsron

Recovery Plan for Three Handfish Species: Spotted Handfish (Brachionichthys hirsutus), Red Handfish (Thymichthys politus), and Ziebell’s Handfish (Brachiopsilus ziebelli)

12 March 2016 Brachionichthys hirsutusThymichthys politusBrachiopsilus ziebelli

National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia)

4 May 2016 Anthochaera phrygia

National Recovery Plan for the Mallee Emu-Wren (Stipiturus mallee), Red-lored Whistler (Pachycephala rufogularis), Western Whipbird (Psophodes nigrogularis leucogaster)

6 May 2016 Stipiturus malleePachycephala rufogularisPsophodes nigrogularis leucogaster

National Recovery Plan for the Orange-bellied Parrot (Neophema chrysogaster)

6 May 2016 Neophema chrysogaster

National Recovery Plan for the Spotted-tailed Quoll (Dasyurus maculatus)

6 May 2016 Dasyurus maculatus gracilisDasyurus maculatus maculatus (south-east mainland population)Dasyurus maculatus maculatus (Tasmanian population)

National Recovery Plan for the Plains-wanderer (Pedionomus torquatus)

28 June 2016 Pedionomus torquatus

Table 5.13: Key threatening processes and threat abatement plans listed under the EPBC Act

Key threatening process Date of effect Threat abatement plan required?

Approved threat abatement plan

Aggressive exclusion of birds from potential woodland and forest habitat by over-abundant noisy miners (Manorina melanocephala)

9 May 2014 No N/A

Competition and land degradation by feral rabbits

16 July 2000 Yes Yes

Competition and land degradation by unmanaged goats


Dieback caused by the root-rot fungus Phytophthora cinnamoni


Incidental catch (bycatch) of sea turtles during coastal otter-trawling operations within Australian waters north of 28 degrees south

4 April 2001 No N/A

Incidental catch (or bycatch) of 16 July 2000 Yes Yes

22

Key threatening process Date of effect Threat abatement plan required?

Approved threat abatement plan

seabirds during oceanic longline fishing operations

Infection of amphibians with chytrid fungus resulting in chytridiomycosis


Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris

13 August 2003 Yes Yes

Invasion of northern Australia by gamba grass and other introduced grasses

16 September 2009 Yes Yes

Land clearance 4 April 2001 No N/A

Loss and degradation of native plant and animal habitat by invasion of escaped garden plants, including aquatic plants

8 January 2010 No N/A

Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant (Anoplolepis gracilipes) on Christmas Island, Indian Oceana

12 April 2005 No N/A

Loss of terrestrial climatic habitat caused by anthropogenic emissions of greenhouse gases

4 April 2001 No N/A

Novel biota and its impact on biodiversity

26 February 2013 No N/A

Predation by European red fox (Vulpes vulpes)


Predation by exotic rats on Australian offshore islands of less than 1000 km2 (100,000 ha)

29 March 2006 Yes Yes

Predation by feral cats 16 July 2000 Yes Yes

Predation, habitat degradation, competition and disease transmission by feral pigs

6 August 2001 Yes Part year; sunsetted October 2015

Psittacine circoviral (beak and feather) disease affecting endangered psittacine species

4 April 2001 Yes Part year; sunsetted October 2015Agreed 3 February 2016 that plan no longer required

Biological effects, including lethal toxic ingestion, caused by cane toads (Bufo marinus)

12 April 2005 Yes Yes

Reduction in the biodiversity of Australian native fauna and flora due to red imported fire ant (Solenopsis invicta)a

2 April 2003 Yes Yes

a Both of these key threatening processes are covered by the 2006 threat abatement plan The impacts of tramp ants on biodiversity in Australia and its territories.

Wildlife trade and management

23

Table 5.14: Wildlife seizure records issued by Australian authorities under the EPBC Act, 2015–16

Wildlife category Number of seizure recordsComplimentary medicine 248

Reptile/amphibian 87

Mammal 64

Fish/clam/coral/invertebrate 53

Elephant products 24

Live plant 16

Bird 15

Live animal 15

Plant parts/products 10

Total seizures 532

Table 5.15: Top 10 species covered by EPBC Act wildlife import permits in 2015–16

Species Number of import permits issuedAmerican alligator (Alligator mississippiensis) 529

Reticulated python (Python reticulatus) 193

Burmese python (Python bivittatus) 156

Common water monitor (Varanus salvator) 145

Nile crocodile (Crocodylus niloticus) 126

Saltwater crocodile (Crocodylus porosus) 96

Red blood python (Python brongersmai) 65

Nile monitor (Varanus niloticus) 46

Common caiman (Caiman crocodilus crocodilus) 32

Panama caiman (Caiman yacare) 31

Table 5.16: Top 10 species most often issued EPBC Act wildlife export permits in 2015–16

Species Number of export permits issuedSaltwater crocodile (Crocodylus porosus) 112

American alligator (Alligator mississippiensis) 88

Stony corals (order Scleractinia) 52

Corals (class Anthozoa) 52

Red kangaroo (Macropus rufus) 41

Fire corals (class Hydrozoa) 40

Eastern grey kangaroo (Macropus giganteus) 36

Reticulated python (Python reticulatus) 23

African elephant (Loxodonta africana) 22

Blackbuck (Antilope cervicapra) 20

Fisheries assessment and approvals

Table 5.17: EPBC Act assessments of Commonwealth and state managed fisheries completed 2015–16

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Jurisdiction Fishery Current assessment decisions

Decision date

Commonwealth Small Pelagic Fishery WTO 26/10/2015

Commonwealth CCAMLR Division 58.4.1 and 58.4.2 Exempt (5 years) 24/12/2015

Commonwealth Southern and Eastern Scalefish and Shark Fishery

WTO 22/02/2016

NSW Sea Urchin and Turban Shell Fishery WTO 30/11/2015

QLD Blue Swimmer Crab Fishery WTO 12/10/2015

QLD Mud Crab Fishery WTO 12/10/2015

QLD Commercial Crayfish and Rock Lobster Fishery Exempt (10 years) 13/11/2015

QLD East Coast Pearl Fishery Exempt (10 years) 13/11/2015

QLD East Coast Trochus Fishery Exempt (10 years) 13/11/2015

QLD Eel Fishery Exempt (10 years) 13/11/2015

QLD Spanner Crab Fishery Exempt (10 years) 13/11/2015

QLD River and Inshore Beam Trawl Fishery WTO 15/02/2016

QLD Schulz Fisheries Pty Ltd (deepsea prawns) WTO (small) 10/05/2016

SA Abalone Fishery Exempt (10 years) 27/11/2015

SA Blue Crab Fishery Exempt (10 years) 27/11/2015

SA Giant Crab Fishery Exempt (10 years) 27/11/2015

SA Prawn Trawl Fisheries Exempt (10 years) 27/11/2015

SA Rock Lobster Fishery Exempt (10 years) 27/11/2015

TAS Richey Pty Ltd (Australian salmon) WTO (small) 22/02/2016

VIC PQ Aquatics (seahorses) WTO (small) 15/12/2015

VIC Port Phillip Bay Scallop Dive Fishery Exempt (5 years) 11/12/2015

WA Abalone Fishery Exempt (10 years) 12/08/2015

WA Abrolhos Islands and Mid-west Trawl Fishery Exempt (10 years) 12/08/2015

WA Broome Prawn Fishery Exempt (10 years) 12/08/2015

WA Cocos (Keeling) Islands Marine Aquarium Fish Fishery

Exempt (10 years) 12/08/2015

WA Exmouth Prawn Fishery Exempt (10 years) 12/08/2015

WA Gascoyne Demersal Scalefish Fishery Exempt (10 years) 12/08/2015

WA Kimberley Prawn Fishery Exempt (10 years) 12/08/2015

WA Mackerel Fishery Exempt (10 years) 12/08/2015

WA Northern Demersal Scalefish Fishery Exempt (10 years) 12/08/2015

WA Nickol Bay Prawn Fishery Exempt (10 years) 12/08/2015

WA Onslow Prawn Fishery Exempt (10 years) 12/08/2015

WA Pearl Oyster Fishery Exempt (10 years) 12/08/2015

WA South Coast Salmon Fishery Exempt (10 years) 12/08/2015

WA South-west Coast Salmon Fishery Exempt (10 years) 12/08/2015

WA Shark Bay Crab Fishery Exempt (10 years) 12/08/2015

WA Shark Bay Prawn Fishery Exempt (10 years) 12/08/2015

WA Shark Bay Scallop Fishery Exempt (10 years) 12/08/2015

WA Specimen Shell Fishery Exempt (10 years) 12/08/2015

WA Trochus Fishery Exempt (10 years) 12/08/2015

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Jurisdiction Fishery Current assessment decisions

Decision date

WA West Coast Deepsea Crustacean Fishery Exempt (10 years) 12/08/2015

WA Temperate Demersal Gillnet and Demersal Longline Fisheries

WTO 30/08/2015

WA Tycraft Pty Ltd (giant clams) WTO (small) 27/04/2016Note: WTO = wildlife trade operation; CCAMLR = Convention on the Conservation of Antarctic Marine Living Resources.

Meeting statutory time frames under section 518 of the EPBC Act

The EPBC Act and Regulations specify time frames within which decisions must be made and other actions completed. If the time frames 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. Decisions that were not made within statutory time frames in 2015–16 and the reasons for delay are listed in Tables 5.18 and 5.19.

Table 5.18: EPBC Act referrals, assessments and approvals and their compliance with statutory time frames in 2015–16

Section of the EPBC Act Total Late Reasons for delay75(5) Determination whether controlled action or not

196 149 Administrative delaysNeed for additional stakeholder consultation and to consider all materialNeed for legal advice/reviewFurther detailed information sought from proponentAdditional research requiredDelay in getting enough information to make decision

77(1) Notification of determination whether controlled action or not

197 29 Administrative delays

77(4) Reasons for decision on whether controlled action or not


88(1) Assessment approach decision 67 42 Administrative delaysAdministrative errorNeed for legal advice/review

88(2) Assessment approach decision and controlled action determination made on the same day

52 44 Administrative delaysNeed for legal advice/review

91(1) Notification of decision on assessment approach


95A(2) Assessment on preliminary documentation—request for further information


95A(3) Assessment on preliminary documentation—direction to publish


95C(2) preliminary documentation recommendation report

28 0

96A(4)(a) Provide public environment report guidelines to designated proponent

1 0

26

Section of the EPBC Act Total Late Reasons for delay96A(4)(b) Provide public environment report guidelines to designated proponent

1 0

100(2) Public environment report recommendation report

1 0

101A(4)(a) Provide environmental impact statement guidelines to designated proponent

1 0

101A(4)(b) Provide environmental impact statement guidelines to designated proponent

1 0

105(2) Environmental impact statement recommendation report

3 0

130(1B) Timing of decision on approval 55 41 Administrative delaysNeed to seek additional information from proponent

145D(1) Decision whether or not to extend approval period


156B(1) Decision whether or not to accept a varied proposal


156E(1) Notification of person proposing and designated proponent whether or not varied proposal accepted

31 0

156E(2) Notification to state or territory minister to accept a varied proposal

12 0

156E(3) Notification of acceptance of a varied proposal in accordance with the Regulations


156F(5) Publication of notification of change of person proposing to take action


158(2) Decision whether or not to grant exemption from Part 3 and Chapter 4

1 0

158(7) Publication of notification whether to grant exemption from Part 3 and Chapter 4


163(2) Providing advice 3 0

170A(b) Publication of information relating to assessments: receipt of referral of an action

209 0

170A(c) Publication of information relating to assessments: controlled action decisions


170A(d) Publication of information relating to assessments: decision on assessment approach


170A(e) Publication of information relating to assessments: preliminary documentation information and invitations


170A(h) Publication of information relating to assessments: reports or statements


170A(ia) Publication of information relating to assessments: assessment on preliminary documentation, public environment report and environmental impact statement recommendation reports


170A(j) Publication of information relating to assessments: other matters—decision to approve or not approve an action


27

Table 5.19: Decisions made under other EPBC Act provisions that did not meet statutory time frames in 2015–16

Section Total Late Reasons for delay266B(6) Approved conservation advices for listed threatened species

63 1 Delay in return of legislative instrument, which delayed ability to publish within 10-day period

303CI Time limit for making permit decisions—CITES

1786 4 1 Referral for advice to another agency2 System errors1 Legislative change

324JI Provision of (National Heritage) assessments to the Minister

1 1 Additional consultations required

341H Minister to invite (Commonwealth Heritage) nominations for each assessment period

1 1 No call for nominations

341JA(1) Preparing proposed priority assessment list (Commonwealth Heritage)


341JH Provision of (Commonwealth Heritage) assessments to the Minister

1 1 Additional consultations

324JI Time by which (Commonwealth Heritage) assessments to be provided to Minister

1 1 Additional consultations

341J(1) Giving (Commonwealth Heritage) nominations to Australian Heritage Council


341L(7) Publication of instrument of removal of places from Commonwealth Heritage List

1 1 Administrative oversight

Appendix B: Committees

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development

Table 5.20: Membership of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development as at 30 June 2016

MembersDr Andrew Johnson (Chair)

Professor Craig Simmons

Ms Jane Coram

Emeritus Professor Peter G Flood

Dr Andrew Boulton

Dr Jenny Stauber

Dr Glen Walker

Dr Ian Prosser

Indigenous Advisory Committee

Table 5.21: Membership of the Indigenous Advisory Committee as at 30 June 2016

MembersMr Bruce Martin (Acting Chair)

Mr Wayne See Kee28

MembersMs Josie Douglas

Mr Robert Dalton

Ms Teagan Goolmeer

Mr Joseph Elu

Australian Heritage Council

Table 5.22: Membership of the Australian Heritage Council as at 30 June 2016

MembersDr David Kemp (Chair)

Dr Jennie Whinam

Dr Stephen Morton

Mr Lyndon Ormond-Parker

Ms Rachel Perkins

Dr Jane Harrington

Associate Professor Don Garden

Threatened Species Scientific Committee

Table 5.23: Membership of the Threatened Species Scientific Committee as at 30 June 2016

MembersProfessor Helene Marsh (Chair)

Professor Stuart Bunn

Dr Hamish Campbell

Professor Kingsley Dixon

Ms Louise Gilfedder

Professor David Keith

Dr Dave Kendal

Dr Sarah Legge

Dr Nicola Mitchell

Professor Colin Simpfendorfer

Appendix C: Publications 2015–16

Guidelines and policy statements

Draft referral guideline for 14 birds listed as migratory species under the EPBC Act

Draft EPBC Act referral guidelines for the vulnerable Tasmanian giant freshwater lobster, Astacopsis gouldi

EPBC Act referral guideline for the endangered northern quoll, Dasyurus hallucatus—EPBC Act policy statement

EPBC Act Policy Statement 3.21—Industry guidelines for avoiding, assessing and mitigating 29

impacts on EPBC Act listed migratory shorebird species

Referral guideline for management actions in grey-headed and spectacled flying-fox camps—EPBC Act policy statement

Referral guideline for the vulnerable water mouse, Xeromys myoides—EPBC Act policy statement

Guides

Central Hunter Valley eucalypt forest and woodland: a nationally protected ecological community

Natural temperate grassland of the South Eastern Highlands: a nationally protected ecological community

30

Operation of the Natural Heritage Trust of Australia Act 1997Section 43 of the Natural Heritage Trust of Australia Act 1997 requires the Minister to prepare an annual report on the operation of the Natural Heritage Trust of Australia Account. This section meets this reporting requirement, with the exception of financial information. The Act requires the annual report to include financial statements relating to operations of the account and the Auditor-General’s report on the financial statements. This information is provided in Part 4, ‘Financial statements’, of this annual report (page 225).

Purpose The Act established the Natural Heritage Trust of Australia Account to conserve, repair and replenish Australia’s natural resources. The account is administered by the Natural Heritage Ministerial Board, which in 2015–16 comprised the former Minister for the Environment, the Hon Greg Hunt MP and the Minister for Agriculture and Water Resources, the Hon Barnaby Joyce MP.

Activities carried out under the Act are integral to achieving the Department’s purpose to conserve, protect and sustainably manage Australia’s terrestrial and marine biodiversity, threatened species, ecosystems, environment and heritage. Additionally, these activities support and contribute to sustainable agriculture outcomes across our productive landscapes. Consequently some of these activities are reported under the ‘Sustainable management of natural resources’ activity in Part 2, ‘Annual performance statements’, page 21.

Operation

National Landcare Program

The Natural Heritage Trust is the principal funding stream supporting the Government’s National Landcare Program.

The National Landcare Program has four strategic objectives:

Communities are managing landscapes to sustain long-term economic and social benefits from their environment

Farmers and fishers are increasing their long-term returns through better management of the natural resource base

Communities are involved in caring for their environment Communities are protecting species and natural assets.

The program is investing $1 billion over four years from 2014–15 to help communities take practical action towards improving their local environment. It is invigorating community engagement in the natural resource management (NRM) sector by giving community groups, including Landcare groups, a greater role in setting local and regional priorities that address environmental and sustainable agriculture issues.

The National Landcare Program comprises a regional and a national funding stream.

Regional funding stream

Under the regional stream, the Natural Heritage Trust is funding Australia’s 56 regional NRM

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organisations. This funding recognises the important role NRM organisations have in delivering local and regional activities that protect the environment and deliver more sustainable agriculture.

One of the requirements of regional funding is that all regional NRM organisations invest at least 20 per cent of their annual Australian Government funding in on-ground projects that are delivered by, or directly engage, the local community. NRM organisations are investing more than $120 million in community NRM activities nationally to 2017–18. This includes direct funding for Indigenous NRM activities.

National funding stream

National funding supports initiatives that protect and restore the environment and make agriculture more sustainable and productive. These initiatives include the 20 Million Trees Program as well as continuing commitments such as World Heritage and Indigenous Protected Areas (administered by the Department of the Prime Minister and Cabinet).

More information is on the program’s website.

www.nrm.gov.au/national-landcare-programme

Legislative amendments

The Omnibus Repeal Day (Autumn 2015) Bill 2015, which was introduced to the House of Representatives on 18 March 2015 and to the Senate on 12 October 2015, included technical amendments to the Act to abolish the Natural Heritage Trust Advisory Committee. The Bill passed on 4 May 2016 and received royal assent on 5 May 2016.

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http://www.nrm.gov.au/national-landcare-programme

Operation of the Fuel Quality Standards Act 2000Section 71 of the Fuel Quality Standards Act 2000 requires the Minister to prepare an annual report on the operation of the Act. This section meets this reporting requirement for 2015–16.

Purpose The Act regulates the quality of fuels used in Australia to: reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems, enable the adoption of better engine technology and emission control technology, and allow the more effective operation of engines.

The Fuel Quality Standards Regulations 2001 cover the regulation of fuel and fuel additives, the operation of the Fuel Standards Consultative Committee, the publication of notices about entries in the Register of Prohibited Fuel Additives, enforcement, record-keeping and reporting obligations. Further information is on the Department’s website.

www.environment.gov.au/protection/fuel-quality

OperationThe Act requires the fuel industry, including fuel suppliers, to supply fuel that meets strict environmental requirements in accordance with fuel quality standards. Fuel quality standards have been made for petrol, automotive diesel, biodiesel, ethanol E85 and autogas.

Statutory review

A statutory review of the Act was completed in April 2016. One of the findings of the review was that the Act has met its objectives. The review recommended that the Act be retained, with amendments. The review report is on the Department’s website.

www.environment.gov.au/protection/fuel-quality/legislation/review-2015

The Department is now undertaking a review of the legislative instruments (including fuel standards) made under the Act.

Compliance and enforcement

The Department conducts intelligence, monitoring, compliance and enforcement activities to detect and respond to non-compliance under the Act and Regulations.

Statistics from the past four years are provided in Table 5.24. During 2015–16 the Department engaged with 455 fuel suppliers. In the 83 instances where non-compliance was detected, we engaged with the non-compliant fuel suppliers and provided information, instruction and assistance to promote awareness of and compliance with the Act. In each instance, compliance was achieved without the need for litigation, injunctions or infringement notices.

Table 5.24: Statistics on fuel sampling under the Fuel Quality Standards Act 1999, 2012–13 to 2015–16

Actions 2012–13 2013–14 2014–15 2015–16Compliance incident reports 247 243 238 223

Site visits 944 403 432 455

Number of compliant tests 2930 1270 1392 159633

http://www.environment.gov.au/protection/fuel-quality/legislation/review-2015

http://www.environment.gov.au/protection/fuel-quality

Actions 2012–13 2013–14 2014–15 2015–16Fuel quality breach 32 35 33 33

Ethanol labelling breach 41 11 22 21

Documentation requirements breacha 197 43 48 29a The Act and Regulations require operators of service stations to keep and maintain records for two years, including delivery documentation, stock reconciliation and fuel-testing records in relation to the supply of fuel, at the premises where the fuel is supplied. Fuel suppliers must also provide documentation to the supply site within 72 hours of the delivery of fuel.

Financial information

The Department’s 2015–16 operating costs for administering the Act were $2,756,437, including staff salaries and allowances, consultancies, advertising and other related expenses.

Committees

Section 24 of the Act establishes the Fuel Standards Consultative Committee (see Table 5.25). The Minister must consult the committee on, or notify it of, various matters as required by the Act.

Table 5.25: Membership of the Fuel Standards Consultative Committee, 2015–16

Ex-officio offices Representing/positionAssistant Secretary, Assessments (NSW, ACT) and Fuel Branch, Commonwealth Department of the Environment and Energy

Chair/Australian Government

Manager, Standards, Development and International Section, Commonwealth Department of Infrastructure and Regional Development

Australian Government

Assistant Secretary, Office of Health Protection, Commonwealth Department of Health


Manager, Petroleum Statistics Measures, Resources Division, Commonwealth Department of Industry, Innovation and Science


Manager, Air Policy, New South Wales Environment Protection Authority

New South Wales Government

Chief Scientist, Environmental Monitoring and Assessment Sciences, Science Division Queensland Department of Science, Information Technology and Innovation

Queensland Government

Manager, Air and Noise Branch, South Australian Environment Protection Authority

South Australian Government

Air and Noise Policy Officer, Policy and Regulation,Environment Protection Authority Victoria

Victorian Government

Assistant Manager, Environmental Quality and Construction, Environment and Workplace Protection, Access Canberra

Australian Capital Territory Government

Air Specialist, Environment Division, Tasmanian Department of Primary Industries, Parks, Water and Environment

Tasmanian Government

Transport Planning, Policy and Reform, Northern Territory Department of Transport

Northern Territory Government

Senior Manager, Air Quality,Western Australian Department of Environment Regulation

Western Australian Government

Deputy Executive Director, Australian Institute of Petroleum Fuel producers

Clean Air Society of Australia and New Zealand Non-government body with an interest in the protection of the environment

Technical Director, Federal Chamber of Automotive Industries Car manufacturers

Council Member Representative, Truck Industry Council Truck manufacturers and diesel

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Ex-officio offices Representing/positionengine manufacturers

Director, Technical Services, Australian Automobile Association Consumers

Chief Executive Officer, Biofuels Association of Australia Inc Biofuel producers

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Operation of the Hazardous Waste (Regulation of Exports and Imports) Act 1989Section 61 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the Minister to prepare a report on the operation of the Act for each financial year. This section meets the reporting requirements for 2015–16.

The Department submitted an annual report on Australia’s implementation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal to the convention’s secretariat during 2015–16. The annual report is on the Basel Convention website.

www.basel.int/Countries/NationalReporting/BaselConventionNationalReports/tabid/4250/Default.aspx

Purpose The Act regulates the export, import and transit of hazardous waste to ensure that movements of hazardous waste are managed in an environmentally sound manner so that human and environmental health are protected from harmful impacts of the waste.

The Act gives effect to the Basel Convention and to agreements and arrangements of the kind mentioned in Article 11 of the Basel Convention.

OperationThe Act requires the import, export or transit of hazardous waste to be approved by the Minister or their delegate through a permitting system. A person who has one or more import proposals, export proposals or transit proposals in relation to hazardous waste may apply to the Minister for a permit authorising the import, export or transit of the waste. Issuing a hazardous waste permit is subject to the proposed movement being in accordance with the environmentally sound management of the waste.

In 2015–16, the Minister or his delegate granted 53 permits and refused two permits. Details of permit applications and decisions are published in the Australian Government Gazette and on the Department’s website.

www.legislation.gov.au/Browse/Results/ByPortfolio/Gazettes/InForce/Environment

www.environment.gov.au/protection/hazardous-waste/applying-permit


The Department continued to strengthen its compliance and enforcement activities and cooperated with the Australian Border Force to prevent illegal traffic in hazardous waste. The Australian Border Force screens high-risk export cargo to help the Department enforce the requirements of the Act.

In 2015–16, there were seven incidents of non-compliance with Australian hazardous waste legislation. These mostly related to the export of e-waste without a valid permit.

As a result of the Department’s collaboration with freight forwarders on handling used electronic equipment, more exporters are taking active measures to be compliant with the requirements in relation to e-waste.

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http://www.environment.gov.au/protection/hazardous-waste/applying-permit

http://www.legislation.gov.au/Browse/Results/ByPortfolio/Gazettes/InForce/Environment/0

http://www.basel.int/Countries/NationalReporting/BaselConventionNationalReports/tabid/4250/Default.aspx

http://www.basel.int/Countries/NationalReporting/BaselConventionNationalReports/tabid/4250/Default.aspx

Administrative Appeals Tribunal

One application for a review of a decision was made to the Administrative Appeals Tribunal. This application was discontinued. Further information is under ‘External scrutiny’ in Part 3, ‘Management and accountability’, page 112.


In 2015–16, the Department collected $54,646 (GST exclusive) in permit application fees under the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.

Committees

Section 58E of the Act establishes the Hazardous Waste Technical Group. The Minister must consult this group on any proposed new regulations about the definition of hazardous waste and on evidentiary certificates issued under the Act.

The technical group was established but did not meet in 2015–16 (see Table 5.26).

Table 5.26: Membership of the Hazardous Waste Technical Group as at 30 June 2016

MembersProfessor Paul Greenfield (Chairperson)

Dr Peter Di Marco

Mr John Hogan

Ms Diane Kovacs

Mr Stephen Moore

Dr Peter Nadebaum

Dr Neill Stacey

Dr Jennifer Stauber

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Operation of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989Section 68 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 requires the Minister to prepare an annual report on the operation of the Act. This section meets this reporting requirement for 2015–16.

Purpose The Act regulates the use of ozone-depleting substances and synthetic greenhouse gases in Australia and gives effect to Australia’s obligations under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer. Further information is on the Department’s website.

www.environment.gov.au/protection/ozone

Broadly, the Act’s objectives are to:

reduce the levels of production and use of ozone-depleting substances provide controls on the manufacture, import, export and use of ozone-depleting substances

and synthetic greenhouse gases promote the responsible management of ozone-depleting substances and synthetic

greenhouse gases.

Further detail is on our website.

www.environment.gov.au/protection/ozone/legislation

Operation

Licensing

The Act provides for a licensing system for import, export and manufacture of ozone-depleting substances and synthetic greenhouse gases and equipment containing such substances and gases, to enable Australia to meet its international obligations. The Act prohibits the import or manufacture of certain products (listed in Schedule 4 of the Act) that contain or use scheduled substances unless the Minister grants an exemption under section 40.

The Minister or their delegate may issue four types of licences. Descriptions of each licence type are on our website.

www.environment.gov.au/protection/ozone/licences

At 30 June 2016, there were 1086 licences active:

32 controlled substances licences 1052 ozone depleting substances and synthetic greenhouse gas equipment licences two used substances licences no essential use licences.

Imports

Australia is obliged under the Montreal Protocol to phase out ozone-depleting substances. We are

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http://www.environment.gov.au/protection/ozone/licences

http://www.environment.gov.au/protection/ozone/legislation

http://www.environment.gov.au/protection/ozone

implementing accelerated phase-out through a licensing and quota system that will see Australia use 61 per cent less hydrochlorofluorocarbons (HCFCs) than permitted under the Montreal Protocol to 2020. Australia’s import limit for HCFCs reduced from 10 ozone-depleting potential (ODP) tonnes a year in 2014 and 2015 to 2.5 ODP tonnes a year from 2016 to 2029. HCFC imports will be completely phased out from 2030.

In 2015, Australia imported 9.961 ODP tonnes of bulk HCFCs, which is significantly less than the quantity permitted under the Montreal Protocol (55 ODP tonnes). A further 0.24 ODP tonnes of HCFCs were imported in refrigeration and air-conditioning equipment and are accounted for in the country where the equipment was manufactured.

In 2015, Australia imported 536.416 ODP tonnes of methyl bromide, of which 17.850 ODP tonnes were imported for controlled uses (which is less than our Montreal Protocol limit of 17.856 ODP tonnes).

In 2015, Australia imported:

3938 carbon dioxide equivalent (CO2-e) kilotonnes of bulk hydrofluorocarbons 5.49 CO2-e kilotonnes of bulk perfluorocarbons (PFCs) 225.28 CO2-e kilotonnes of bulk sulfur hexafluoride (SF6).

Australia imported a further 4659.82 CO2-e kilotonnes of hydrofluorocarbons, 285.68 CO2-e kilotonnes of sulfur hexafluoride and 0.0219 CO2-e kilotonnes of perfluorocarbons in equipment.

End-use regulations

The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 regulate the use of ozone-depleting substances and synthetic greenhouse gases in the refrigeration, air-conditioning and fire protection industries and the uses of methyl bromide as a feedstock and as a fumigant for approved critical uses and quarantine and pre-shipment uses.

The Fire Protection Industry Permit Scheme is a competency-based permit scheme relating to handling and trading extinguishing agents and possession of halon. The Fire Protection Association Australia (FPAA) administers the scheme on behalf of the Australian Government. At 30 June 2016 there were 142 extinguishing agent trading authorisations, 1138 licences and 42 halon special permits under the scheme. Further information is on the association’s website.

www.fpaa.com.au

The Refrigeration and Air-conditioning Industry Permit Scheme is a competency-based permit scheme covering refrigerant handling and trading and equipment manufacturing. The Australian Refrigeration Council administers the scheme on behalf of the Australian Government. At 30 June 2016 the Australian Refrigeration Council had issued 17,650 refrigerant trading authorisations and 64,023 refrigerant handling licences. Further information is on the council’s website.

www.arctick.org


The Department conducts compliance and enforcement activities under the Act relating to the manufacture, import and export of ozone-depleting substances and synthetic greenhouse gases, including equipment containing those substances. In cooperation with the Australian Border Force, we have a range of monitoring and inspection arrangements to deal with non-compliance with the

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http://www.arctick.org/

http://www.fpaa.com.au/

Act (see Table 5.27).

Table 5.27: Compliance actions under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 in 2015–16

Compliance actions TotalReferrals 265Site inspections 107

Investigations (import and domestic end use) 97

Compliance achieved (site visits, phone calls, other) 115

Other outcomes (targeted border controls, refusal of permits, no longer operating) 11

The Department promotes self-regulation and uses a range of administrative, civil and criminal sanctions to ensure the most appropriate response to breaches of the legislation. In some cases we may seek an injunction from the Federal Court.

End-use compliance activities have an educational focus. They include site visits and awareness campaigns for industry and registered training organisations. Potentially non-compliant companies and technicians are referred to the Department for appropriate monitoring and enforcement action.


The Act provides for the collection of licence application fees at the levels set under the Regulations and import and manufacturing levies set under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 and the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995.

All revenue must be deposited in the Ozone Protection and Synthetic Greenhouse Gas Special Account established by the Act. Revenue from licensing, from the cost recovery component of the import and manufacture levies and from the National Halon Bank is directed towards the cost of administration, phase-out programs for ozone-depleting substances, emission minimisation programs, management of the National Halon Bank, research relating to ozone-depleting substances and synthetic greenhouse gases and refunds.

Revenue received during 2015–16 from operation of the National Halon Bank and licence fees and levies is shown in Table 5.28.

Table 5.28: Ozone Protection and Synthetic Greenhouse Gas Special Account revenue, 2015–16

Activity Amount in 2015–16 ($)Levies 1,083,566

Licence fees 2,643,000

National Halon Bank sales and services 548,488

Refrigeration feesa 9,430,303

Penalties 59,053

Fire protection feesb 202,667

Total 13,967,077a The Australian Refrigeration Council administers the refrigeration and air-conditioning industry permit scheme and collects permit application fees on behalf of the Department.

b The Fire Protection Association Australia administers the fire protection industry permit scheme and collects permit application fees on

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behalf of the Department.

In 2015–16 the Department paid the ARC $4,613,896 (GST exclusive) for operating the Refrigeration and Air-conditioning Industry Permit Scheme and the FPAA $492,529.00 (GST exclusive) for administering the Fire Protection Industry Permit Scheme.

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Operation of the Product Stewardship Act 2011Section 107 of the Product Stewardship Act 2011 requires the Minister to provide an annual report on the operation of the Act. This section meets this reporting requirement for 2015–16.

Purpose The Act implements important elements of the National Waste Policy, which is Australia’s strategic framework for waste management and resource recovery. It provides a national framework to manage the environmental, health and safety impacts of products and the impacts associated with the disposal of products.

The objects of the Act are to:

reduce the impact that products have on the environment throughout their lives reduce the impact that substances contained in products have on the environment and on

human health and safety throughout the lives of those products help Australia to meet its international obligations on those impacts contribute to reducing the amount of greenhouse gases emitted, energy used and water

consumed in connection with products and waste from products.

OperationThe Act provides for three levels of product stewardship: voluntary, co-regulatory and mandatory.

Voluntary product stewardship

Part 2 of the Act provides for voluntary product stewardship. Under the Act, organisations can voluntarily seek accreditation from the Government for product stewardship arrangements and request permission to use product stewardship logos.

No new voluntary product stewardship arrangements were accredited in 2015–16. The Department continued to work with the two existing approved arrangements: MobileMuster, administered by the Australian Mobile Telecommunications Association; and FluoroCycle, administered by the Lighting Council of Australia.

www.environment.gov.au/topics/environment-protection/national-waste-policy/product-stewardship/voluntary-product

Co-regulatory product stewardship

Part 3 of the Product Stewardship Act provides for co-regulatory product stewardship.

The National Television and Computer Recycling Scheme, set up by the Product Stewardship (Televisions and Computers) Regulations 2011, is the only co-regulatory scheme under the Act. The scheme sets industry-funded annual recycling targets for end-of-life televisions and computer products. Importers and manufacturers of these products fund collection and recycling through membership fees paid through industry-run co-regulatory arrangements. There are four co-regulatory arrangements approved by the Minister to provide services under the scheme. These arrangements are administered by the Australia and New Zealand Recycling Platform, E-Cycle Solutions, Electronics Product Stewardship Australasia and MRI PSO.

The administrators of each of the four co-regulatory arrangements must ensure that the arrangements achieve the outcomes specified in the Act and Regulations. These include providing

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http://www.environment.gov.au/topics/environment-protection/national-waste-policy/product-stewardship/voluntary-product

http://www.environment.gov.au/topics/environment-protection/national-waste-policy/product-stewardship/voluntary-product

e-waste collection services to communities in metropolitan, regional and remote areas of Australia, meeting annual recycling targets and ensuring that at least 90 per cent of the materials derived from recycling e-waste are made available to be re-used in manufacturing new products.

Following an operational review of the scheme in 2014–15, amendments to the Regulations took effect on 1 July 2015 to increase recycling targets to meet stronger demand for recycling services and ensure stability and continuing capacity in the e-waste recycling industry. The effect of these amendments includes:

raising the target for industry-funded recycling to 50 per cent of available e-waste for 2015–16 and adjusting the target trajectory for future years to reach 80 per cent in 2026–27, ensuring the scheme is better aligned with the community’s need for recycling services in the short to medium term

making the scheme fairer for importers of televisions and computers by improving the accuracy of estimates of the amount of waste available for recycling each year

changing product codes for televisions to become weight based rather than screen size based adding or removing other product codes to reflect changes in technology changing conversion factors for specific product codes to better reflect current product weights,

reducing costs to industry.

Further details are provided in a fact sheet on our website.

www.environment.gov.au/protection/national-waste-policy/publications/factsheet-national-television-and-computer-recycling-scheme-changes

Regulatory (mandatory) product stewardship

Part 4 of the Act provides for mandatory product stewardship, where both requirements and outcomes are prescribed in regulations. No schemes have been established under these provisions of the Act.

Annual product list

Section 108A of the Act requires that, each year, the Minister publish a list of classes of products proposed to be considered for some form of accreditation or regulation under the Act in the following year and the reason (or reasons) why the Minister is proposing to consider them. Publication of this annual product list gives the community and business certainty about products considered for coverage by the Act and provides the opportunity for them to contribute to analysis and development of options.

The Act requires that 12 months notice be given before a mandatory or co-regulatory approach is applied to a particular product, and the annual product list serves as this notice. In 2016 the Minister published the fourth annual product list. The list included plastic microbeads, electrical and electronic products, photovoltaic systems, batteries and plastic oil bottles. Paint, which had been included in the previous list, was removed due to the successful launch of PaintBack, an industry-led product stewardship scheme for paint, by the former Minister for the Environment, the Hon Greg Hunt MP, on 2 May 2016.

Committees

Section 108B(1) of the Act established the Product Stewardship Advisory Group to advise the Minister on products that may be considered for some form of accreditation or regulation under the Act in the next financial year.

The Product Stewardship Advisory Group did not meet in 2015–16. The Australian Government 43

http://www.environment.gov.au/protection/national-waste-policy/publications/factsheet-national-television-and-computer-recycling-scheme-changes

http://www.environment.gov.au/protection/national-waste-policy/publications/factsheet-national-television-and-computer-recycling-scheme-changes

has announced its intention to abolish the group, a change that will require amendments to the Act. The intention is that, after such amendments are made, the Minister will publish the annual product list and the Department will consult experts and industry.

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Operation of the Product Stewardship (Oil) Act 2000Section 35 of the Product Stewardship (Oil) Act 2000 requires the Minister to prepare an annual report about the operation of the product stewardship arrangements for oil (including the Act). This section meets this reporting requirement for 2015–16.

Purpose The Act underpins the Product Stewardship for Oil Program. Its objects are to:

develop a product stewardship arrangement for used oil ensure the environmentally sustainable management, re-refining and re-use of used oil support economic options for recycling used oil.

OperationThe program provides economic incentives for the environmentally sustainable management, re-refining and re-use of used oil. A levy on oil sales helps fund the cost of recycling used oil. The Department has policy responsibility for the program, but it is administered by the Australian Taxation Office. The Treasurer sets the levy rate under separate legislation.

On 1 July 2014, the Treasurer increased the product stewardship oil levy to 8.5 cents per litre of lubricant or equivalent oil. The levy applies to both domestically produced and imported oil. The levy is collected as an excise by the Australian Taxation Office and as customs duty by the Australian Customs and Border Protection Service. Exported oil is not levied.

The Australian Taxation Office pays product stewardship benefits to recyclers as a volume-based incentive to encourage increased oil recycling. Benefits apply at different rates depending on the type of oil. The lowest are provided for burner fuels and the highest are provided for full recycling into as-new, re-refined base oil.

Product stewardship for oil levy

In 2015–16, the Australian Taxation Office and the Department of Immigration and Border Protection collected total revenue from the product stewardship for oil levy of $45,711,948, made up of $29,302,381 in excise paid on domestic production and $16,409,567 in customs duty on imported oils. This was a change of -13 per cent and -5.4 per cent respectively, from the previous year. An amount of $3,688,122 was paid back to clients in the form of drawbacks (for export) and refunds. The net revenue from the levy for 2015–16 was $42,023,826.

Product stewardship benefits

In 2015–16, the Australian Taxation Office paid $62,717,540 as product stewardship (oil) benefits to 27 recyclers, representing 275,311,684 litres of recycled oil. Table 5.29 shows benefit payments by category.

Table 5.29: Product stewardship (oil) benefit payments paid to recyclers, by category, in 2015–16

Category Benefit rate (cents/litre)

Benefit payments ($)

Litres

1. Re-refined base oil (for use as a lubricant or a hydraulic or transformer oil) that meets the

50 53,447,372 106,894,744

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Category Benefit rate (cents/litre)

Benefit payments ($)

Litres

specified criteria

2. Other re-refined base oils (for example, chain bar oil)

10 76,249 762,489

3. Diesel fuels that comply with the Fuel Standard (Automotive Diesel) Determination 2001, as in force from time to time

7 0 0

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 category 3

5 0 0

5. High-grade industrial burning oils (filtered, de-watered and de-mineralised)

5 7,147,165 142,943,296

6. Low-grade industrial burning oils (filtered and de-watered)

3 0 0

7. Industrial process oils and lubricants, including hydraulic and transformer oils (re-processed or filtered, but not re-refined)

0 0 0

8. Gazetted oil consumed in Australia for a gazetted use

8.5 2,046,754 24,711,155

Total volume of recycled oil (excludes category 8a)

275,311,684

Total benefit payments 62,717,540a Benefits paid under category 8 do not contribute to the overall volume of recycled oil.Source: Australian Taxation Office, 2016.

Committees

Part 3 of the Act establishes the Oil Stewardship Advisory Council to advise the Minister about:

product stewardship arrangements for oils recovering and recycling used oil regulations under section 10 (working out the amount of product stewardship benefits) the state of the oil production and oil recycling industries other matters specified by the Minister.

The Act provides that the Minister appoints members to the council based on their knowledge and experience. The Minister must ensure that the council includes both a representative of the Commonwealth and a representative of the Commissioner of Taxation.

The Australian Government intends to amend the Act to abolish the council. The Department will consult experts and industry on oil product stewardship matters.

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Operation of the Water Act 2007The Water Act 2007 requires annual reports on the operation of specific parts of the Act. Section 114 of the Act requires the Commonwealth Environmental Water Holder to provide an annual report to the Minister on its operations during that year. This section meets this reporting requirement for 2015–6.

Purpose The Department is responsible for administering Part 6 of the Act, which establishes the Commonwealth Environmental Water Holder. The Act sets out the national legal framework for management of the Murray–Darling Basin’s water resources and for other matters of national interest in relation to water and water information. The Act, which commenced on 3 March 2008, implemented important reforms for water management in Australia. It:

establishes the Murray–Darling Basin Authority and gives it the functions and powers, including enforcement powers, needed to ensure that Basin water resources are managed in an integrated and sustainable way

requires the Murray–Darling Basin Authority to prepare the Murray–Darling Basin Plan—a strategic plan for the integrated and sustainable management of water resources in the Basin

establishes the Commonwealth Environmental Water Holder to manage the Commonwealth environmental water holdings to protect and restore the environmental assets of the Basin, and outside the Basin where the Commonwealth holds water

provides the Australian Competition and Consumer Commission with an important role in developing and enforcing the water charge and water market rules

gives the Bureau of Meteorology additional water information functions.

Operation

Performance against Basin annual environmental watering priorities

Under Section 114(2)(a) of the Act, the Commonwealth Environmental Water Holder must provide particulars of achievements against the objectives of the environmental watering plan. This requirement is met through reporting on volumes of Commonwealth environmental water delivered against the Basin annual environmental watering priorities (outlined in Table 5.30). The total volume of Commonwealth environmental water delivered against the Basin annual environmental watering priorities in 2015–16 was 1049 GL.

Wherever possible, Commonwealth environmental water holdings are used to achieve multiple outcomes through contributing water to many environmental assets during each watering action. Because of this, the volume of Commonwealth environmental water delivered against the Basin annual environmental watering priorities appears greater in Table 5.30 than the total volume of 1049 GL that was released from water storages or allocated through supplementary announcements and unregulated flows.

Table 5.30: Decisions made by the Commonwealth Environmental Water Holder on the use of Commonwealth environmental water in 2015–16

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Basin annual environmental watering priorities

Decisions on and use of Commonwealth environmental water

Basin-wide flow variability and longitudinal connectivity: Provide flow variability and longitudinal connectivity within rivers to support refuge habitats

Over 1000 GL of Commonwealth environmental water was delivered through the Murray–Darling Basin, providing flow variability and longitudinal connectivity within rivers to support refuge habitats. The 2015–16 watering events provided extensive connectivity within rivers, in particular through delivery of environmental flows in the River Murray, Edward-Wakool system, Lower Balonne, Lower Goulburn River, Lachlan River systems and Murrumbidgee anabranches such as the Yanco Creek system.

River Murray weir pool variation: Ensure a variable flow pattern and lateral connectivity through coordinated weir pool management in the River Murray from Euston to Blanchetown

13 GL of Commonwealth environmental water was delivered for weir pool variation in the River Murray from Euston to Blanchetown, allowing for a variable flow pattern with a wetting and drying period. This helped reinstate natural ecological conditions to improve and maintain diverse vegetation and habitat to support fish and waterbird species.5.2 GL of Commonwealth environmental water was contributed to weir pool manipulation at locks 8, 9 and 15, with flows into wetlands such as the Euston Lakes (Lock 15) and Wingillie Station (Lock 8). An additional 2.7 GL was contributed at Lock 7, including flows to Lindsay River and Mullaroo Creek. A further 5.1 GL was used to support weir pool raising at Locks 2 and 5 in South Australia, which benefited a large area of low-lying floodplain.

Coorong, Lower Lakes and Murray Mouth: Improve water quality, fringing vegetation and native fish movement by varying the water levels in Lake Alexandrina and Albert to maintain flows into the Coorong and Murray Mouth

Over 700 GL of Commonwealth environmental water was delivered to contribute to improving water quality and native fish movement in the Coorong, Lower Lakes and Murray Mouth.Commonwealth environmental water delivered to the Coorong, Lower Lakes and Murray Mouth contributed to this priority by maintaining flows through the Coorong and Murray Mouth, preventing water quality decline by encroaching seawater and rising salinity levels.

Basin-wide in-stream and riparian vegetation: Maintain and where possible improve the condition of in-stream riparian vegetation, through in-channel freshes

Over 1000 GL of Commonwealth environmental water was delivered into the Murray–Darling Basin to contribute to Basin-wide in-stream and riparian vegetation. Commonwealth environmental water was delivered into the major river channels of the Murray–Darling Basin to maintain and where possible improve the condition of in-stream riparian vegetation in coordination with the Living Murray Initiative, state environmental water, river operators, non-government organisations and local catchment management authorities.Smaller scale watering actions targeting vegetation outcomes included Commonwealth environmental water delivered to Hobblers Lake; Talpee Creek; and Carrs, Capitts and Bunberoo creeks; and for weir pool level manipulation in the lower reaches of the River Murray. These watering actions contributed to improving the condition of both aquatic and riparian vegetation.Significant vegetation responses were observed throughout the Murray–Darling Basin, including improved growth and health of in-stream aquatic vegetation (such as pondweed and milfoil) in the Yallakool-Wakool system, growth of Moira grass, water ribbons and water milfoil in Millewa Forest and general riparian vegetation health in the major river channels.

Mid-Murrumbidgee Wetlands: Improve the condition of wetland vegetation communities in the mid-Murrumbidgee wetlands

Up to 190 GL of Commonwealth environmental water was made available for a mid-Murrumbidgee reconnection event. This event did not proceed, due to continuing operational constraints.1.4 GL of Commonwealth environmental water was delivered to Yarradda Lagoon using infrastructure to improve the condition of wetland vegetation communities in the mid-Murrumbidgee. Monitoring has indicated excellent vegetation responses including increased growth of species such as tall spike rush, wavy marshwort and swamp lily.

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Macquarie Marshes: Maintain semi-permanent wetland vegetation in core refuge areas in the Macquarie Marshes

14.2 GL of Commonwealth environmental water was delivered together with NSW environmental water to the Macquarie Marshes, targeting beneficial flows to native marsh vegetation such as water couch, typha, spike rush and some fringing river red gums.Spring monitoring conducted in September and October observed over 100 bird species using wetland habitat in the Macquarie Marshes. This included important species such as the Australasian painted snipe in the Ramsar-listed Mole Marsh and the Australasian bittern in the South Marsh. Several frog species were also observed.

Moira grass: Maintain the condition and range of Moira grass in Barmah-Millewa Forest by supplementing a natural event and extending the duration of inundation

351.3 GL was delivered in the mid-Murray as part of the 2015–16 ‘whole of system’ watering event, in response to natural hydrological cues and coordinated with deliveries by other environmental water holders and operational deliveries for consumptive demands. A significant proportion of the flows were delivered above channel capacity downstream of Yarrawonga Weir, with Barmah-Millewa Forest regulators operated to direct most of the flows into Millewa Forest.Monitoring within Barmah-Millewa Forest detected growth (with some flowering and seed set) of Moira grass. While that was a promising result, continuing constraints restricted the delivery of the large-scale Commonwealth environmental water volumes required to achieve extensive Moira grass outcomes and reverse the long-term trend of decline. Only around 20 per cent of forest could be inundated in 2015–16.

Basin-wide waterbird habitat and future population recovery: Improve the complexity and health of priority waterbird habitat to maintain species richness and aid future population recovery

Following delivery of 343.3 GL in the mid-Murray in response to natural hydrological cues, in conjunction with The Living Murray and operational deliveries, a colonial waterbird breeding event began in Reed Beds Swamp in Millewa Forest. The Commonwealth contributed a further 8 GL (along with contributions from The Living Murray and the NSW Office of Environment and Heritage) to support this breeding event.Monitoring observed successful breeding of over 1000 pairs of birds, including Australian white and straw-necked ibis, royal spoonbills, eastern great egrets, Australian darters and little pied cormorants. A significant proportion (up to about 20 per cent) of the entire population of Australasian bitterns (EPBC Act endangered) and little bitterns were found to be inhabiting and breeding in Barmah-Millewa Forest during and after the flow event.Watering of the North Redbank system (25 GL) resulted in a positive waterbird response, including observations of state-listed blue billed duck at the site.Watering of Hobblers Lake (5 GL) also resulted in a positive waterbird response, with blue billed and freckled duck observed at the site after watering. Hobblers Lake had previously dried completely in December 2015.Watering of the Yanga National Park (10 GL) aimed at a waterbird breeding event was successful: fledgling and nesting of little pied cormorant, Australian darter and eastern great egret were observed at the Tarwillie Swamp site after the watering event. This watering action builds on a similar successful waterbird breeding event triggered in 2014–15 by Commonwealth and NSW environmental water.Watering of the Nimmie-Caira floodways (15 GL) supported potential breeding of Australasian bitterns, which are listed as endangered under the EPBC Act.9.6 GL was delivered to Nap Nap Swamp an important known waterbird wetland and rookery site adjacent to the Nimmie-Caira project area, which has been dry for a year.Other in-channel and wetland Commonwealth environmental water deliveries

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supported waterbird outcomes across the Murray–Darling Basin by improving the complexity and health of riparian and wetland waterbird habitat and maintaining waterbird lifecycles.

Basin-wide native fish habitat and movement: Maintain native fish populations by protecting and improving the condition of fish habitat and providing opportunities for movement

Over 1000 GL of Commonwealth environmental water was delivered to support Basin-wide native fish habitat and movement. Commonwealth environmental water delivered through the Murray–Darling Basin contributed to hydrological connectivity benefits for native fish species, including through providing opportunities for dispersal and facilitating the transfer of important nutrient and organic matter for fish lifecycles. Commonwealth environmental water made an important contribution to the filling and reconnection of refuge waterholes throughout the system.There were demonstrated benefits from Commonwealth environmental water providing opportunities for fish movement. In the Lower Murray, pouched lampreys have been detected moving through the Murray Mouth as far upstream as Lock 11. The pouched lamprey has previously experienced increased restrictions to movement due to reduced flows through the Lower Lakes, Coorong and Murray Mouth.Extensive fish movements, including species such as Murray cod and golden perch, were also detected in the Mullaroo Creek, where weir raising was used to push flows from the River Murray through Lindsay River and Mullaroo Creek, providing habitat for flow-dependent fish species.

Northern Basin fish refuges: Protect native fish populations and in-stream habitats, particularly drought refuges, in the Northern Basin

Over 60 GL of Commonwealth environmental water was delivered to contribute to the Northern Basin fish refuges at locations identified in the 2015–16 Basin annual environmental watering priorities. These locations include the Lachlan River system, Macquarie Marshes, the Lower Balonne floodplain system, the Gwydir River valley and wetlands and the Border Rivers.8.7 GL of Commonwealth environmental water was delivered to support Northern Basin fish refuges outside the listed locations (though still ecologically significant), including in the Barwon–Darling River system and the QLD Lower Warrego and Moonie rivers.In particular, flows through the Mehi River and Carole Creek addressed critical conditions of ‘very low’ and ‘cease to flow’ in these streams, reconnecting pools and improving water quality conditions in refuge habitats for native fish and other aquatic fauna.In the Lower Balonne, in-stream Commonwealth environmental water helped a small flow pulse reach the end of the Narran, Culgoa and Birrie rivers, refilling waterholes throughout those channels after 12 months with no flow.

Silver perch: Contribute to the long-term recovery of silver perch by maintaining key populations, supporting recruitment and facilitating movement and dispersal

Over 900 GL of Commonwealth environmental water was delivered in channel, contributing to the long-term recovery of silver perch through supporting recruitment and facilitating movement throughout the Murray–Darling Basin.Commonwealth environmental water deliveries focused on the main locations for silver perch outcomes as outlined in the 2015–16 Basin annual environmental watering priorities, including the Edward-Wakool system, lower River Murray, mid-Murray, Goulburn River, Broken River, Ovens River and Lower Border Rivers.Commonwealth environmental water delivery resulted in positive ecological responses for silver perch throughout the Murray–Darling Basin, contributing to the facilitation of movement. Monitoring of tag data showed that silver perch traversed through almost all locks of the River Murray. Monitoring in the Edward-Wakool system indicated a tenfold increase in silver perch recruitment compared to 2014–15.During delivery of 343.3 GL in the mid-Murray in response to natural

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hydrological cues, in conjunction with The Living Murray and operational deliveries, silver perch were detected spawning in late October following several months of water delivery, including over-bank flows into Barmah-Millewa Forest. Following completion of environmental water delivery, silver perch continued to spawn in early November as operational flows were delivered at a variable rate close to channel capacity.

Amendments to Part 6 of the Water Act 2007

The Act was amended on 2 May 2016, implementing recommendations of the 2014 Independent Review of the Act. Changes to Part 6 of the Act, which is administered by the Environment portfolio, relate to the Commonwealth Environmental Water Holder’s trade and reporting provisions.

The amendments increase the flexibility of the Commonwealth Environmental Water Holder to sell Commonwealth environmental water allocations and use the proceeds for environmental activities that will improve the capacity of the water holdings to meet the objectives of the Murray–Darling Basin Plan’s environmental watering plan. The amendments also require the Commonwealth Environmental Water Holder to report annually on disposals of Commonwealth environmental water holdings and the use of disposal proceeds during the year.

Trade

In October 2015, the Commonwealth Environmental Water Holder disposed of (sold) water allocations in the Goulburn catchment in Victoria. The tender for the sale was announced on 23 October and was open from 26–28 October 2015.

As a result of the tender, the Commonwealth Environmental Water Holder completed 44 trades, resulting in the sale of 22,864 ML of Commonwealth environmental water allocation for a return of $6,457,669.

The proceeds of past disposals of water by the Commonwealth Environmental Water Holder must only be used in accordance with section 106 of the Act. No proceeds of disposals of water or Commonwealth environmental water holdings were used during the 2015–16 financial year.

Management of the Environmental Water Holdings Special Account

The Environmental Water Holdings Special Account was established under the Act for the payment of costs, expenses and other obligations incurred in managing Commonwealth environmental water holdings.

At the start of 2015–16, the special account balance was $58.6 million. Funding of $25.9 million was credited to the account in September 2015. During 2015–16, $16.5 million was spent on annual water entitlement fees and allocation delivery costs (including use fees and pumping). This accounted for about 76 per cent of total expenditure for the year.

As at 30 June 2016, the special account balance was $69.4 million. Of this, $18.1 million is committed for long-term intervention monitoring and evaluation activities, environmental watering actions and other projects. The uncommitted balance of $51.2 million includes $9.7 million in proceeds from the disposal (sale) of water allocations through the Goulburn trade ($6,457,669) in 2015–16 and the Gwydir and Peel trades ($3,249,930) in 2013–14. A portion of

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these uncommitted funds will be used for the payment of costs, expenses and other obligations incurred in managing Commonwealth environmental water holdings during 2016–17, with the proceeds of trade set aside to be used in accordance with section 106 of the Act.

The main categories of expenditure in 2015–16 are shown in Table 5.31.

Table 5.31: Environmental Water Holdings Special Account expenditure, 2015–16

Category of expense Total costs ($ million)Fees and charges for entitlement holdings and allocation deliverya 16.518

Monitoring and evaluation 4.739

Development and maintenance of environmental registers and water accounting systems

0.009

Grants 0.070

Hydrological modelling services 0.192

Water market analysis 0.033

Development of environmental water delivery strategies 0.043

Totalb 21.604a Fees and charges include $12.9 million for annual water entitlement fees and $2.6 million for allocation use fees paid to state water authorities for the operation, maintenance and replacement of rural water infrastructure and $0.9 million for allocation pumping costs.

b Total may be ± 0.001 due to rounding.

Directions given to the Commonwealth Environmental Water Holder

No directions were given to the Commonwealth Environmental Water Holder in 2015–16 by the Minister, the Parliamentary Secretary or the Secretary of the Department.

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Operation of the Register of Environmental Organisations

PurposeThe Register of Environmental Organisations is a Commonwealth tax deductibility scheme for environmental organisations under the Income Tax Assessment Act 1997. It allows eligible organisations to be endorsed as deductible gift recipients by the Australian Taxation Office. Donations made to organisations that are deductible gift recipients will be tax deductible for the donor.

The Act requires the Department to maintain the register and to add or remove environmental organisations and their public funds by joint direction of the Minister for the Environment and Energy and the Assistant Treasurer. Further information is on our website.

www.environment.gov.au/about-us/business/tax/register-environmental-organisations

OperationTo be entered on the register, organisations must have a principal purpose of either:

the protection and enhancement of the natural environment or of a significant aspect of the natural environment

the provision of information or education, or the carrying on of research, about the natural environment or a significant aspect of the natural environment.

The House of Representatives Standing Committee on the Environment tabled the report of its inquiry into the Register of Environmental Organisations on 4 May 2016 (see ‘External scrutiny’ in Part 3, ‘Management and accountability’, page 120).

During 2015–16, the former Minister, the Hon Greg Hunt MP and the former Assistant Treasurer, the Hon Kelly O’Dwyer MP, approved the entry of 36 organisations and their public funds on the register and removed 16 organisations and their public funds from the register. As at 30 June 2016, the register contained 615 environmental organisations.

Registered environmental organisations reported receiving about $147 million in donations in 2014–15. Information for 2015–16 is currently being provided to the Department by organisations.

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http://www.environment.gov.au/about-us/business/tax/register-environmental-organisations

Operation of the Environment Protection (Alligator Rivers Region) Act 1978Section 36 of the Environment Protection (Alligator Rivers Region) Act 1978 requires the Supervising Scientist to provide to the Minister an annual report on the operation of the Act. This section meets the reporting requirements for 2015–16.

PurposeThe position of the Supervising Scientist was established by the Act in response to a recommendation of the second and final Fox Commission report in May 1977. The position was established for the protection of the environment of the Alligator Rivers Region from the potential environmental effects of uranium mining activities. Under section 5 of the Act, the Supervising Scientist has six main functions:

develop and manage programs to research the effects of uranium mining operations within the Alligator Rivers Region and for the collection and assessment of related information

develop standards, practices and procedures that will protect the environment and people from the effects of uranium mining within the Alligator Rivers Region

develop measures for the protection and restoration of the environment coordinate and supervise the implementation of requirements made under laws applicable to

environmental aspects of uranium mining in the Alligator Rivers Region provide the Minister with scientific and technical advice on mining in the Alligator Rivers Region on request, provide the Minister with scientific and technical advice on environmental matters

elsewhere in Australia.

OperationThe role of the Supervising Scientist is held by the First Assistant Secretary of the Science Division within the Department of the Environment and Energy.

The Supervising Scientist Branch in the Science Division is funded under the portfolio’s departmental output and appropriation and contributes to the delivery of Outcome 1:

Conserve, protect and sustainably manage Australia’s biodiversity, ecosystems, environment and heritage through research, information management, supporting natural resource management, establishing and managing Commonwealth protected areas, and reducing and regulating the use of pollutants and hazardous substances.

The obligations of the Supervising Scientist under the Act help to achieve this objective by ensuring that:

the concentration of uranium in surface waters downstream of the Ranger Mine remains less than 2.8 micrograms per litre

annual research and monitoring programs are scientifically rigorous, appropriately focused on the most important knowledge needs and independently endorsed by the Alligator Rivers Region Technical Committee.

Ministerial directions

Under section 7 of the Act the Supervising Scientist is required to comply with any directions given 54

to them by the Minister relating to the performance of their functions or the exercise of their powers.

In 2015–16 the Minister did not issue the Supervising Scientist any directions under section 7 of the Act.

Collection and assessment of information

In accordance with section 36(2)(b)(i) of the Act, the collection and assessment of information relating to the effects on the environment in the Alligator Rivers Region of mining operations in the region for the 2015–16 financial year are set out below.

The Supervising Scientist Branch uses a structured program of audits and inspections, in conjunction with the Northern Territory Department of Mines and Energy, the Northern Land Council and the Gundjeihmi Aboriginal Corporation, to supervise uranium mining operations in the Alligator Rivers Region. The outcomes of these supervisory activities are considered by the Supervising Scientist Branch, together with environmental monitoring data and other information, to draw conclusions about the effectiveness of environmental management at uranium mining and exploration sites.

The outcomes of the Supervising Scientist’s monitoring, supervision and research programs demonstrate that the environment of the Alligator Rivers Region, including the World Heritage values of Kakadu National Park, remained protected from the effects of uranium mining during 2015–16.

Concentrations of uranium in surface waters downstream of the Ranger Mine remained well below the limit of 2.8 micrograms per litre during 2015–16 and the Alligator Rivers Region Technical Committee endorsed the research program as both rigorous and appropriately targeted.

Supervision

The Supervising Scientist Branch uses a structured program of audits and inspections, in conjunction with the regulatory authority and other important stakeholders, to oversee uranium mining operations in the Alligator Rivers Region. Activities by the Supervising Scientist Branch during the 2015–16 reporting period are summarised in Table 5.32.

Table 5.32: Summary of supervision activities of the Supervising Scientist Branch at five sites in the Alligator Rivers Region, 2015–16

Activity Ranger Jabiluka Nabarlek South Alligator Valley

West Arnhem exploration

Meetings of the Mine Technical Committee

7 7 1 N/A N/A

Applications assessed 11

Routine reports/plans assessed

20 4 2 1

Authorisation amendments assessed

0a

Environmental audits 1 1 1 1 4

Routine inspections 11 2 2

Incidents reported 15 1

Incidents investigated 2a Revised Ranger Mine Water Quality Objectives issued in accordance with section 7.1.1 of the Ranger Authorisation.

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The information in Table 5.32 represents the program of supervision, audit and assessment activities by the Supervising Scientist Branch in five main areas of the Alligator Rivers Region. Ranger is currently the only operational uranium mine in the region. Mining at Ranger ended in 2012 but processing of stockpiled ore continues. Mining ended at Jabiluka in 1999 and the site is in long-term care and maintenance. Operations at Nabarlek ended in 1988. The site has been substantially decommissioned and rehabilitation is in progress. Rehabilitation of a number of former uranium mines in the South Alligator Valley that operated during the 1950s and 1960s was funded by the Australian Government and completed in 2009. The Supervising Scientist Branch performs yearly audits of the exploration mining companies operating in the West Arnhem area of the Alligator Rivers Region.

Monitoring

The Supervising Scientist Branch conducts independent monitoring programs, including monitoring chemical and biological indicators to assess environmental impacts of mining at Ranger uranium mine. The Supervising Scientist takes a risk and evidence-based approach to prioritise its monitoring activities.

A total of 10 monitoring programs were undertaken in 2015–16, with the following changes from previous years:

Atmospheric radiological monitoring stopped, as evidence from 16 years of monitoring data showed that the airborne pathway does not pose a risk to public health or the environment

Surface water quality monitoring at Jabiluka stopped, as Jabiluka is now substantially remediated and poses a low risk to the surrounding environment.

The combined monitoring program demonstrated that the environment remained protected from the effects of uranium mining throughout the 2015–16 wet season.

More detail on the activities of Supervising Scientist Branch during 2015–16, including supervision and monitoring outcomes, will be in the Supervising Scientist Annual Technical Report which will be available at the end of 2016.

www.environment.gov.au/science/supervising-scientist/publications

Environmental research

The Supervising Scientist Branch’s annual research program for 2015–16 comprised 34 research projects. Most of these addressed issues associated with the operational phase and/or the proposed rehabilitation and post-rehabilitation phases of Ranger uranium mine. Research was aggregated in five programs: hydrologic, geomorphic and chemical processes; aquatic ecosystems protection; revegetation and landscape ecology; ecotoxicology; and environmental radioactivity (see Figure 5.1).

The proposed research program for 2015–16 had a full relevance and priority assessment to ensure it was appropriately aligned with the Alligator Rivers Region Technical Committee’s most important knowledge needs. The committee endorsed the program in May 2015. Eight research projects were completed during the year, with the remainder continuing into 2016–17. Approximately 25 peer-reviewed publications, three Supervising Scientist reports and five internal reports were produced from the research program.

Figure 5.1: Research projects of the Supervising Scientist Branch, 2015–16

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http://www.environment.gov.au/science/supervising-scientist/publications

Note: AEP = aquatic ecosystems protection; Ecotox = ecotoxicology; EnRad = environmental radioactivity; HGCP = hydrologic, geomorphic and chemical processes; RLE = revegetation and landscape ecology.

Further detail about the research program and outcomes in 2015–16 will be published in the Supervising Scientist Annual Technical Report at the end of 2016.

www.environment.gov.au/science/supervising-scientist/publications

Standards, practices and procedures

In accordance with section 36(2)(b)(ii) of the Act, standards, practices, and procedures implemented in 2015–16 include:

significant progress on the development of Ranger closure criteria, with eight meetings of the Technical Working Groups and four meetings of the Closure Criteria Working Group. In accordance with regulatory requirements, the development of closure criteria for mine sites is the responsibility of the mine operator, Energy Resources of Australia Ltd. Final approval of closure criteria for Ranger uranium mine rests with the Commonwealth Minister for Resources. Under existing approvals, operations at Ranger must end by January 2021 and rehabilitation works must be complete by January 2026

implementation of revised water quality objectives for Magela and Gulungul creeks, including uranium, magnesium, manganese, ammonia, radium and turbidity

improved biological toxicity testing methods for green algae, Chlorella sp.; duckweed, Lemna aequinoctialis; and northern trout gudgeon, Mogurnda mogurnda

implementation of a developmental stage remote videography method for monitoring fish communities in channel billabongs as a replacement technique for visual counts, which significantly reduces work health and safety risks associated with working in crocodile-inhabited waters

improved radioanalytical methods for measuring lead-210 in environmental samples using liquid scintillation counting, resulting in quicker turnaround times and alleviating the need for complex separation chemistry

implementation of new data analysis tools for calculating radionuclide uptake factors in bush foods and estimating ingestion doses to traditional owners post rehabilitation of Ranger uranium mine.

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http://www.environment.gov.au/science/supervising-scientist/publications

Protection and restoration measures

In accordance with section 36(2)(b)(iii) of the Act, the protection and restoration measures implemented in 2015–16 include:

successful completion of the annual routine water quality and biological monitoring programs additional intensive water quality sampling in the Gulungul Creek catchment to monitor and

understand mine site inputs of contaminants.

Activities at Ranger mine as a result of major environmental investigations by the Supervising Scientist Branch include:

a clay lined cut-off trench and seven groundwater extraction bores installed to capture and divert contaminated surface water and groundwater emanating from the western side of the tailings storage facility

significant improvements to the fire management system of the mine company, Energy Resources of Australia, after deficiencies were identified in relation to a significant uncontrolled fire that affected Kakadu National Park. The new measures will ensure better protection of the environment surrounding Ranger mine.

Requirements of prescribed instruments enacted, made, adopted or issued

In accordance with section 36(2)(b)(iv) of the Act, prescribed instruments enacted, made, adopted or issued during the 2015–16 financial year were as follows:

The Supervising Scientist Branch issued revised water quality standards for the Ranger uranium mine.

In accordance with those revised standards, the Northern Territory Department of Mines and Energy revised the water quality objectives for Ranger uranium mine.

Implementation of requirements

In accordance with section 36(2)(b)(v) of the Act, the requirements issued during 2015–16 were implemented as follows.

Based on the advice of the Supervising Scientist, the Northern Territory Department of Mines and Energy issued revised Ranger Mine Water Quality Objectives on 7 March 2016 in accordance with Schedule 7.1.1 of Ranger Authorisation 108-17, which states:

The operator of the mine shall comply with the requirements of the Ranger Mine Water Quality Objectives as approved by the Director in accordance with the advice of the Supervising Scientist.

Statement of costs for the Supervising Scientist Branch

The Supervising Scientist Branch budgets for 2014–15 and 2015–16 are shown in Table 5.33.

Table 5.33: Supervising Scientist Branch budget for 2014–15 and 2015–16

2014–15 2015–16$9,284,358 $8,501,854

The budget comprises operating costs for the Supervising Scientist Branch, including property and operations at the Darwin office and Jabiru field station.

During 2015–16, total staffing numbers for the Supervising Scientist Branch reduced by 13 per

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cent from the previous year, from 46.3 to 40 (see Table 5.34).

Table 5.34: Supervising Scientist Branch staffing numbers for 2014–15 and 2015–16

Actual full-time equivalent at June 2015 and June 2016Location 2014–15 2015–16Darwin 38.3 32.0

Jabiru 7.0 5.0

Canberra 1.0 3.0

Total 46.3 40.0

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