Professional Documents
Culture Documents
Some Acts that the Department of the Environment and Heritage administers
require the department or minister to provide annual reports on their operation to
the parliament.
i
ii Department of the Environment and Heritage Legislation Reports 2004–05
Contents
Environment protection ................................ 1
Fuel quality ...................................................... 83
Hazardous waste ........................................ 101
Ozone protection ....................................... 111
Oil recycling ................................................. 121
Movable heritage ........................................ 135
Water efficiency ........................................... 151
Index ................................................................ 155
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iv Department of the Environment and Heritage Legislation Reports 2004–05
Environment protection
Environment protection
Contents
Introduction ............................................................................................................ 4
Overview ................................................................................................................. 4
3
Environment protection
Introduction
This report describes the operation of the Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act) from 1 July 2004 to 30 June 2005. This is the
fifth annual report on the operation of the EPBC Act as required by section 516.
As in previous years, this report follows a format allowing examination of the
operation of the EPBC Act against the key priorities in implementing the EPBC Act.
These priorities are:
• ensuring a clear role for the Australian Government in protecting matters of
national environmental significance (addressed in Part 1.1 of this report)
• providing effective protection of the environment in proposals involving the
Australian Government (Part 1.2)
• increasing intergovernmental cooperation and reducing duplication (Part 1.3)
• providing an efficient, timely and effective assessment and approval process
with certainty for stakeholders (Part 1.4)
• increasing transparency and public awareness (Part 1.5)
• taking an integrated approach to conserving biodiversity (Part 2)
• managing heritage and protecting significant areas (Part 3)
• developing an excellent monitoring and compliance regime (Part 4).
Overview
The Australian Government, through the operation of the EPBC Act, continues
to protect matters of national environmental significance—namely the values of
World Heritage properties and national heritage places, the ecological character of
internationally important wetlands, nationally threatened species and ecological
communities, listed migratory species, the Commonwealth marine environment
and the environment generally from nuclear actions. In addition, the EPBC
Act provides protection for the environment in relation to proposals involving
Commonwealth land and regulates the activities of Australian Government
agencies that might significantly impact on the environment.
1
Section 160 applies to certain Australian Government authorisations, such as providing foreign aid that is likely to
have a significant impact on the environment. See page 9.
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Environment protection
In October 2004 the Federal Court of Australia imposed a record $450 000 penalty
on a NSW farmer and his company for illegally clearing and ploughing a wetland
of international importance. This was the first civil prosecution against a party in
relation to a matter of national environmental significance under the EPBC Act.
The court handed down a penalty of $150 000 for the individual and $300 000 for
his company. The court also issued an injunction preventing further agricultural
activity on the land in question, including the running of livestock on the site until
at least 2007, and ordered rehabilitation of the site.
Illegal wildlife trade is also a major area of compliance and enforcement activity for
the department. The department works both to raise public awareness of wildlife
trade issues and to train officers of the Australian Customs Service to detect illegal
wildlife trade. Customs is responsible for implementing the wildlife provisions of
the EPBC Act at the border. Over the year the department initiated a programme of
face-to-face training in the wildlife provisions of the EPBC Act for Customs officers
nationwide. As part of this programme the department ensures that Customs
border staff have ongoing access to up-to-date information to assist them in their
detection of illegal wildlife trade.
Australia again played a leading role in achieving very positive outcomes under
the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) to conserve species threatened by over-exploitation for international
trade. At the CITES Conference of the Parties in October 2004 Australia successfully
campaigned for the listing of the great white shark on the Appendices to CITES
and played an active role in advancing the protection of a number of other species,
including strongly opposing proposals that would have facilitated the resumption
of commercial whaling, and supporting proposals to add humphead wrasse
(a threatened reef fish) to the CITES Appendices.
During the year the Minister for the Environment and Heritage made or adopted
61 recovery plans covering 91 terrestrial species and one ecological community.
Three further recovery plans were made for 13 marine species, and three recovery
plans for Australia’s five threatened whale species—the humpback, the southern
right, and blue, fin and sei whales. These whale recovery plans have been in
preparation for a number of years and reflect the new streamlined approach
to recovery planning. This approach focuses on the key threats of whaling and
habitat degradation and outlines the necessary actions to ensure recovery, for
example better defining population numbers and habitat use, preventing all forms
of whaling, and protecting important whale habitat.
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Environment protection
9
Environment protection
Queensland, and the disposal of up to 14 million cubic metres of spoil within the
Great Barrier Reef Marine Park.
The minister provided advice on the proposal by Gold Coast Airport Ltd to extend
its runway from 2042 metres to 2500 metres to allow aircraft using the airport to
operate over a longer range. The advice concluded that the environmental impacts
of the proposal should not prevent the Minister for Transport and Regional Services
approving the proposed major development plan, subject to conditions. These
conditions included requirements for a construction environmental management
plan, a pre-construction survey for endangered plants, compensatory revegetation,
a tree management plan, sediment and contamination control, and monitoring of
construction noise. Recommendations were also made in relation to aircraft noise.
Chevron Texaco applied for a permit under the Environment Protection (Sea
Dumping) Act 1981 in April 2004 to dredge, excavate and dispose of 12 million
cubic metres of dredge spoil from channels adjacent to Barrow Island in Western
Australia. The proposed action was referred under section 160 of the EPBC Act
and is to be assessed by environmental impact statement. During 2004–05 the
proponent continued preparation of a draft environmental impact statement in
consultation with the department. It is anticipated that the draft will be submitted
to the department in 2005–06.
Exemptions
In 2004–05 one exemption on national interest grounds from the EPBC Act
assessment and approval requirements was granted to the Department of Defence
for the consolidation of specific science and technology activities supporting the
Australian Defence Force. A limited exemption was also granted to the
Albury–Wodonga Development Corporation in relation to the additional
assessment and approval requirements applying to Australian Government
agencies after demonstrating that it is required to comply with relevant state and
territory environment and planning laws.
Bilateral agreements
A key objective of the EPBC Act is to promote a partnership approach to
environmental protection and biodiversity conservation. To this end, the EPBC
Act aims to strengthen intergovernmental cooperation, and minimise duplication,
through the establishment of bilateral agreements that enable transparent and
effective accreditation of state and territory environmental assessment, and
potentially approval, processes.
Heritage management
As a signatory to the World Heritage Convention, the Australian Government
cooperates closely with state authorities to ensure the protection and promotion
of state-managed World Heritage properties is consistent with Australia’s national
undertakings under the convention. During 2004–05 the Australian Government
was involved in consultations and funding for reviews of management
arrangements for a range of listed properties, and was also actively involved in
reviewing and updating community, Indigenous, and technical and scientific
consultative committees for state-managed World Heritage properties.
The department supports activities that relate directly to discharging Australia’s
World Heritage responsibilities and to priorities that reflect the national interest,
including promotion, community engagement, and the development of strategic
partnerships. During 2004–05 the Australian Government funded activities in
state-controlled World Heritage properties that included agreed on-ground
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Environment protection
priority projects and strategic management support activities. The latter included
community consultation through management, technical and scientific, and
Indigenous advisory committees, and coordination of World Heritage management
through the engagement of World Heritage Area executive officers.
The Australian Government joined the Queensland Government and 18 Rainforest
Aboriginal tribal groups in the development of the Wet Tropics Regional
Agreement, which was signed in April 2005. During 2004–05 the Australian
Government also cooperated closely with the Queensland Government in the
prosecution of an individual charged with felling timber within a state national
park, located within the boundaries of the Central Eastern Rainforest Reserves
World Heritage property.
The department prepared draft Regulations to the EPBC Act specifying criteria to
be met by state or territory management plans for World Heritage properties and/or
national heritage places in order for them to be accredited under the EPBC Act.
These Regulations will be made in July 2005.
Referrals
During 2004–05 360 actions were referred to the Australian Government for
decision on whether approval was required under the EPBC Act. Approximately
13 per cent of these referrals were the result of compliance action taken by
the department, an increase from previous years reflecting the department’s
enhancement of its compliance and enforcement capabilities. A total of 67 actions
(63 after reconsideration) were determined to be controlled actions and a further
41 actions (44 after reconsideration) were determined to be not-controlled actions
if taken in a particular manner.
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Environment protection
decisions, and provisions that came into force on 1 January 2004 in relation to the
heritage amendments.
Further demonstrating the increasing complexity of referrals, the 20-day timeframe
for decision-making on referrals was suspended 42 times in 2004–05. This was due
to the need to seek further information before a decision could be made.
Case study
Statements of reasons
Subsection 77(4) of the EPBC Act allows a person taking an action that the minister
has decided is a controlled action to request reasons for the decision. During
2004–05 the department handled 12 such requests.
Reconsideration of decisions
Eleven referral decisions were reconsidered in 2004–05, with six decisions being
revoked and substituted with a new decision (see Table 2, Appendix 1 of this report).
While the number of reconsiderations is small when compared to the total number
of referral decisions, by consulting with key interests the department ensures that
any reconsideration decisions maintain the transparency and public accountability
inherent in the overall framework of the EPBC Act. Reconsideration can be justified
and can contribute to better environmental outcomes where there is substantial new
information on the likely impacts on the matters protected by the EPBC Act.
15
Environment protection
Environmental impact assessment of the Coral Sea Pearls Pty Ltd aquaculture
development in the Great Sandy Strait, Queensland
The proposed action involved the development and operation of a pearl oyster
facility at four sites in the Great Sandy Strait. The facility would be developed
in three stages and cover approximately 200 hectares when fully developed.
The key issues related to potential impacts on humpback whales, green turtles,
loggerhead turtles, flatback turtles, leathery turtles, dugong, Indo-Pacific
humpback dolphins, and a Ramsar wetland of international importance.
Prior to formally submitting preliminary documentation for the proposed
action in August 2004, the proponent sought extensive advice from the
department on the range of potential impacts that the department might
need to consider during assessment under the EPBC Act. As a result of these
discussions, the proponent submitted preliminary documentation that clearly
addressed all the key issues of concern and enabled the proposal to be
assessed on the preliminary documentation.
No public submissions were received on the preliminary documentation
during the public consultation process. However the department’s assessment
report concluded that there was considerable uncertainty about the potential
for adverse impacts on humpback whales from the proposed action. The
department determined that, in order to ensure that the proposal was unlikely
to have an unacceptable impact on matters of national environmental
significance, the proponent would need to satisfy a range of conditions. The
approval conditions included entanglement protocols to aid the safe release
of animals and the submission of satisfactory compliance reports prior to
constructing stages 2 or 3 of the development. The conditions also provided for
a review of the facility’s operation to be undertaken if the minister believes that
changes are necessary to protect species listed under the EPBC Act.
This case demonstrates the department’s ability to assist proponents with the
assessment process and achieve sound environmental outcomes.
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Environment protection
Approvals
Twenty-eight controlled actions were approved in 2004–05, and a further four
were awaiting decision at 30 June 2005 (see Table 7, Appendix 1 of this report).
Actions approved include the Port of Airlie Resort and Marina Development in
North Queensland; the Wambo Coal Mine Expansion in the Hunter Valley; the
Casino Offshore Gas Field Development in Bass Strait; the Roe Highway Extension
in Perth; and the establishment of a parachute drop zone for military exercises on
the Townsville Field Training Area (see case study below). Conditions attached to
approvals included plans to manage the environmental impacts of construction,
monitoring programmes, compensatory habitat, independent audits, and measures
for managing impacts on cetacean species.
Case study
Approval of the Townsville Field Training Area Parachute Drop Zone, North
Queensland
The Townsville Field Training Area Parachute Drop Zone project proposed by
the Department of Defence was determined to be a controlled action due to
the potential significant impacts on the environment on Commonwealth land
and on the squatter pigeon (southern subspecies)—a listed threatened species
under the EPBC Act.
The proposed action involves the establishment and ongoing maintenance of
a cleared drop zone for use in parachute exercises in the Keelbottom sector
of the Townsville Field Training Area. The proposed drop zone site contains
mixed ironbark and Reid River box woodlands with a grassy ground layer. The
proposed action involves clearing approximately 208 hectares of woodland
vegetation. The site is to be cleared of trees, stumps, termite mounds and
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Environment protection
the department with a rolling programme of voluntary audits. The voluntary audit
programme is a partnership between the department and industry to monitor
the ecological sustainability of actions and decisions. AQUAS also assisted the
department with its 2004–05 audit programme, which took place in May–June
2005. The audits included approvals, a particular manner decision and a permit
issued under the Environment Protection (Sea Dumping) Act 1981, and involved
a coalmine, a golf course development, two tourism developments and a dredging
campaign.
The 2004–05 audit programme was based on a series of trial audits undertaken in
2003–04 of offshore seismic surveys that had been determined to be not-controlled
actions if taken in a particular manner. While the audits found a high degree of
compliance with the department’s Guidelines on the application of the EPBC Act
to interactions between offshore seismic operations and larger cetaceans, they also
highlighted areas where the guidelines were ambiguous or needed updating.
A revision of the guidelines is currently under way.
The 2004–05 audit programme continued to inform the department on the
EPBC Act’s operation, including the efficacy of the department’s administrative
procedures. Two of the 2004–05 audits are now being used to resolve identified
issues and develop better management plans. The department also includes
independent audit of approval conditions as part of the condition set for riskier
projects. Each project is subjected to a risk assessment at the time of approval in
order to better target resources.
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Environment protection
Heritage
During the year referral documentation on the EPBC Act web site was revised to
incorporate the new heritage requirements, and to recognise Indigenous issues
involved in protecting heritage values under the EPBC Act. Public awareness of
the Australian Government’s role in heritage management was promoted through
improving the way in which advice and public notices are presented on the
department’s web site (at www.deh.gov.au/heritage/laws/index.html).
In August 2004 the $3 million Sharing Australia’s Stories programme was
announced, to promote awareness of Australia’s heritage places and contribute to
implementing the new heritage system.
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Environment protection
25
Environment protection
EPBC Unit
The EPBC Unit is a joint project of WWF Australia, the Australian Council of
National Trusts and the Tasmanian Conservation Trust, with funding from the
Australian Government. The purpose of the EPBC Unit is to increase community
awareness of the EPBC Act, and to assist community interests to become involved
in its operation. During 2004–05 outreach services on the new heritage system
were integrated into the Unit. The EPBC Unit has made a significant contribution
to the successful operation of the EPBC Act through the active engagement of
stakeholders in relation to the operation and requirements of the EPBC Act.
Advisory committees
Threatened Species Scientific Committee
The Threatened Species Scientific Committee is appointed under subsection 502(3)
of the EPBC Act. The committee’s role is to advise the Minister for the Environment
and Heritage on amending and updating lists of threatened species, threatened
ecological communities and key threatening processes and on making or adopting
recovery plans and threat abatement plans. The committee may also provide
additional advice to the minister on issues relating to these responsibilities. The
current membership of the committee is listed in Table 12, Appendix 3 of this report.
In 2004–05 the committee met four times: on 15–16 September 2004, 8–9
December 2004, 8–9 March 2005 and 14–17 June 2005. A major focus of the
committee’s work in 2004–05 was the assessment of the conservation status
of a large number of Northern Territory and Western Australian species that
are inconsistently listed under the EPBC Act and state or territory legislation.
Information to support the committee’s assessment was provided by the Northern
Territory and Western Australian governments.
The committee substantially progressed its assessment of several complex
threatened species nominations, including the koala and a number of commercially
fished marine species. Once its consideration of these nominations is finalised,
the committee will provide a recommendation to the minister on these species’
eligibility for listing.
Throughout 2004–05 the committee discussed several strategic issues within its
terms of reference, including the conservation of marine species, developing
mechanisms for measuring the success of recovery plans, and effective solutions to
the challenges of listing threatened ecological communities.
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Environment protection
The committee held its thirteenth meeting on 5–6 April 2005. At this meeting the
committee agreed that climate change, long-term monitoring, taxonomy, and
biodiversity communication continue to be major areas requiring its attention.
At its twelfth meeting (in May 2004) the committee agreed that the lack of taxonomic
resources in Australia to meet demand constituted a taxonomic crisis. Therefore in
2004–05 the committee began working with stakeholders to ensure that implications
for biological diversity are considered in developing solutions to this problem.
The committee continued to focus attention on regional natural resource
management planning, through its contribution and commitment to the project
Evaluation of Biological Diversity Outcomes in the Natural Heritage Trust and
National Action Plan for Salinity and Water Quality Regional Investment. The
committee expects to continue its input in 2005–06 as further advice is sought.
The committee published the booklet Making economic valuation work for
biodiversity conservation, building on the national Economic Value of Biodiversity
workshop, held in 2003 and jointly sponsored by the department and Land and
Water Australia.
During the year the National biodiversity and climate change action plan 2004-2007
was released. The committee provided advice that informed the development of
the action plan—one of the first national plans in the world to identify actions to
reduce the impact of climate change on biodiversity.
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Environment protection
The committee must provide advice to the minister within 12 months of receiving
a nomination. Due to an administrative error, advice on one species was
approximately two weeks late. On all other occasions the deadline was met or an
extension sought as required. The minister made all 30 decisions on advice from
the Threatened Species Scientific Committee within the statutory 90-day timeframe.
During 2004–05 the minister made a decision to transfer the Galaxias pedderensis
(Pedder galaxias), a freshwater fish endemic to Tasmania, from the endangered
category to the extinct in the wild category. The Pedder galaxias is the first species
to be listed as extinct in the wild. The species was originally listed as endangered
under the previous Commonwealth threatened species legislation, the Endangered
Species Protection Act 1992, which did not have an extinct in the wild category.
The change in category was not representative of an increased level of threat to the
species, but an updating of the list to accurately reflect the species’ conservation
status and the new category available under the EPBC Act.
The species met the criteria for listing as extinct in the wild because it is only found
outside its natural range in two translocated populations, which are managed
for conservation purposes. As a listed threatened species, the Pedder galaxias is
a matter of national environmental significance; that is, if a proposed action is
likely to have a significant impact on the species the action must be referred to the
Australian Government for approval under the EPBC Act.
Case study
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Environment protection
Migratory species
Departmental programmes aim to meet the Australian Government’s obligations
under international arrangements for migratory and marine species to which
Australia is either a party or a signatory. These include the Convention on
the Conservation of Migratory Species of Wild Animals (also known as CMS);
the Agreement between the Government of Australia and the Government of
Japan for the Protection of Migratory Birds in Danger of Extinction and their
Environment (JAMBA); the Agreement between the Government of Australia and
the Government of the People’s Republic of China for the Protection of Migratory
Birds and their Environment (CAMBA); the Agreement on the Conservation
of Albatrosses and Petrels (ACAP); and the Indian Ocean–South East Asian
Memorandum of Understanding on Sea Turtles.
Australia is continuing to work with the governments of China and Japan through
CAMBA and JAMBA to validate and update the taxonomy of migratory birds listed
under the agreements. This work also aims to define the species considered to be
migratory by virtue of listing under the Convention on Migratory Species as part of
a higher taxa. This will ensure that the list of migratory species under Part 13 of the
EPBC Act is as accurate and as comprehensive as possible.
The development of the Republic of Korea–Australia Migratory Bird Agreement
(ROKAMBA) is in its final stages and is expected to be finalised and ratified in
2005–06.
The department has taken a leading role in ensuring the smooth operation of the
Indian Ocean–South East Asian Memorandum of Understanding (MoU) on Sea
Turtles, and encouraging membership by developing countries in the region. At
the third meeting of the signatories the Government of the Republic of Indonesia
signed the MoU. Australia, as one of the few developed countries participating
in the arrangement, will continue to take an active leadership role over the next
few years to encourage greater membership and increased participation in its
implemention.
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Environment protection
Australia also promotes dugong conservation in the Indian Ocean and South-East
Asian region. To this end the department is cooperating with the Government
of the Kingdom of Thailand to co-host a meeting to discuss regional dugong
conservation, protection and management, with the aim of developing an MoU
similar to the Indian Ocean–South East Asian MoU on Sea Turtles.
The department chairs the Marine and Coastal Committee (of the Natural Resource
Management Ministerial Council) Taskforce on Turtle and Dugong Populations to
develop a national approach to ensure that Indigenous harvest of these species is
sustainable and legal. The taskforce has prepared a draft document, Sustainable
and legal Indigenous harvest of marine turtles and dugongs in Australia—a
national approach, which is expected to be finalised in 2005–06.
The development of the Agreement on the Conservation of Albatrosses and
Petrels, or ACAP, has been another key initiative of the Australian Government.
ACAP, developed under the auspices of the Convention on Migratory Species,
is a multilateral agreement which seeks to conserve albatrosses and petrels by
coordinating international activity to mitigate known threats to albatross and petrel
populations. ACAP entered into force on 1 February 2004 and the first Meeting of
the Parties to the agreement was held in Hobart from 10–12 November 2004.
At the meeting Australia offered to host the secretariat permanently in Hobart.
There was unanimous support for this proposal from the parties present. A process
to establish the permanent secretariat was agreed, with Australia to continue to
provide the interim secretariat in the meantime. An advisory committee was also
established to provide scientific, technical and other advice to the Meeting of the
Parties, and a work programme for this committee was endorsed. The advisory
committee will hold its first meeting on 20–22 July 2005, which will be hosted by
Australia in Hobart. The second Meeting of the Parties will take place in late 2006
and may be hosted by the United Kingdom, although no formal offer to host the
meeting has yet been made.
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Environment protection
Under section 165 of the EPBC Act, the impact assessment provisions of the EPBC
Act apply to an action for which a person is applying for a cetacean permit as if it
were a controlled action. In 2004–05 all applications for a cetacean permit were
assessed by the preliminary documentation level of assessment.
Case study
37
Environment protection
In 1999 the Wollemi pine was known from two sites, located about a kilometre
apart with plants distributed over more than a hectare. The population of
the two sites includes approximately 40 adult plants and about 200 juveniles.
An additional third population was discovered in 2000. However the total
number of adult trees remains fewer than 100. Due to its restricted distribution,
recovery actions focus on preventing loss caused by catastrophic fire and
introduced pathogens, such as Phytophthora cinnamomi. A Wollemi pine
access strategy has been implemented, including the introduction of site
hygiene protocols. A fire management plan is also being established and the
New South Wales Government has developed a protocol for fighting fires that
threaten a population of the tree.
Access to the site is restricted and information on the location is confidential.
These actions help prevent unauthorised visits which are likely to threaten the
species through trampling of seedlings, compaction of soil, the introduction
of weeds and the collection of seeds. The species has been cultivated and
will be made available to the public in the future through a commercialisation
program. By making plant material widely available to the public, it is hoped
that the risk of illegal and potentially devastating collection of the species in
the wild will be reduced.
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Environment protection
• requiring that the assessment of permit applications for wildlife trade includes
proper consideration of broader ecosystem impacts
• ensuring that any other requirements under the EPBC Act in relation to
environmental assessment and approvals or other permits are met before
making a decision to issue a permit.
CITES activities
In 2004–05 the department, as the Australian Management Authority for CITES,
cooperated with the Government of Madagascar to propose the great white shark
for listing on Appendix II to the convention. Appendix II species are those that,
although not threatened with extinction now, might become so unless trade in
them is strictly controlled and monitored.
The thirteenth Meeting of the Conference of the Parties, held in Bangkok, Thailand
from 2–14 October 2004, voted to list the great white shark. The Irrawaddy
dolphin was upgraded from CITES Appendix II to Appendix I (listing those
species threatened with extinction that are, or may be, affected by trade) and the
humphead Maori wrasse was listed on Appendix II. The list of CITES species under
the EPBC Act was amended in line with listing changes agreed by the meeting and
the changes came into force on 12 January 2005.
To assist in regulating illegal trade in CITES listed species the department is
managing a project to design a great white shark DNA protocol to assist Australian
Customs Service officers to identify great white shark parts or products. The
department is also cooperating with the governments of the Philippines, the United
Kingdom and India to produce guides to assist customs officers to identify CITES-
listed shark species, parts or products.
Australia continued in a leadership role as the regional representative for Oceania
(incorporating CITES parties Australia, New Zealand, Fiji, Papua New Guinea,
Samoa, Palau and Vanuatu) on the CITES Standing Committee. Australia has been
active in this role, ensuring that the interests of the Oceania region are represented
in CITES business and providing capacity building assistance to other regional
parties. The fifty-third Meeting of the Standing Committee took place from
27 June–1 July 2005.
Australia’s capacity building efforts have included assisting Fiji to legislate to
enable it to meet its CITES obligations, and supporting the preparation of the Fiji
Management Authority to assume the role of Oceania regional representative
following the fourteenth Meeting of the Conference of the Parties.
Another major initiative for the region in 2004–05 was the second capacity building
workshop, held in Brisbane in August 2004. The workshop was convened by the
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Environment protection
In some cases, a permit cannot be issued unless the items are being exported
or imported from or to an approved programme. During the year the following
numbers and types of programmes were approved 1:
• two cooperative conservation programmes
• seven commercial import programmes
• three individual wildlife trade operations (non-fisheries)
• fourteen artificial propagation programmes
• two aquaculture programmes
• three captive breeding programmes.
Other outcomes during the year included:
• granting four testing permits to assess host specificity of proposed biological
control agents
• conducting training sessions throughout Australia for over 600 staff of the
Australian Customs Service and state wildlife agency officers, to enable them to
enforce the wildlife trade provisions of the EPBC Act
• producing an interactive training CD-ROM for Customs officers (the CD-ROM
also provides essential information to enforce wildlife trade rules)
• continuing to produce publications and other material aimed at improving
public awareness of exotic pets, the illegal movement of wildlife, wildlife
conservation and complementary medicines.
The department also commenced developing guidelines on the provisions of
the EPBC Act that govern the trade in zoo animals. The guidelines will provide
stakeholders with a clearer understanding of the approval process and the
requirements of import and export permits granted under the EPBC Act.
1 The department also assesses the environmental performance of all fisheries with an export component
—see Sustainable fisheries assessments, page 21 of this report.
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Environment protection
World Heritage
The 16 properties inscribed on the
World Heritage List receive the full
protection of the EPBC Act, enhancing
the protection and management
arrangements of each property. At the
twenty-eighth session of the World
Heritage Committee held in Suzhou,
China, between 28 June and 7 July
2004 the Royal Exhibition Building
Royal Exhibition Building and Carlton Gardens
and Carlton Gardens, Melbourne
Photo: M Mohell and the Australian Heritage Photo Library
was inscribed on the World Heritage
List. During the year the Australian
Government undertook consultations for the development of a number of possible
future nominations, including the Sydney Opera House.
National heritage
In 2004–05 representatives of the
Gunditjmara people celebrated the
inclusion on the National Heritage List
of two Indigenous places near Lake
Condah in Western Victoria. The two
places, Tyrenadarra and Mount
Eccles–Lake Condah, were the first
places entered on the National Heritage
List and are collectively known as the Lake Condah Area
Budj Bim National Heritage Landscape. Photo: R Sharrock and the Australian Heritage Photo Library
As at 30 June 2005 the minister had included 11 places in the National Heritage List.
The other nine listed places are:
• Kurnell Peninsula Headland, NSW
• Brewarrina Fish Traps (Baiames Ngunnhu), NSW
• Eureka Stockade Gardens, Vic
• Castlemaine Diggings National Heritage Park, Vic
• Royal Exhibition Building National Historic Place, Vic
• Alpine National Park, Vic
• Dinosaur Stampede National Monument, Qld
• Port Arthur Historic Site, Tas
• Mawson’s Huts and Mawson’s Huts Historic Site, Antarctica.
As at 30 June 2005 the Australian Heritage Council had 42 places under assessment
for the National Heritage List, all nominated by the public. Information on places
under assessment is publicly available on the heritage public notices database at
www.deh.gov.au/cgi-bin/epbc/heritage_ap.pl.
The Australian Heritage Council must fulfil its functions within prescribed
timeframes unless the minister decides to extend the period. Although most
assessments are progressing well and will be completed within their 12-month
deadlines, the council was given extensions by the minister in 11 cases. Details of
these, including the reasons for the minister’s decision to extend the assessment
periods, are available online at www.deh.gov.au/heritage/laws/index.html.
Provisions in the EPBC Act enable the minister to directly include in the National
Heritage List a place that the minister believes may have national heritage values
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Environment protection
which are under threat. During 2004–05 the minister received requests for the
emergency listing of 24 places in the National Heritage List. One request was
subsequently withdrawn. As at 30 June 2005 one place (Kurnell Peninsula, NSW)
had been emergency listed and subsequently re-assessed. Following assessment
part of the place was removed from the list, limiting the national heritage listing
to Kurnell Peninsula Headland. One place (Alpine National Park, Vic) had been
emergency listed and was in the process of being re-assessed by the Australian
Heritage Council, two places were being considered by the minister, and
19 had been rejected. Requests for emergency listing and reasons for the
minister’s decisions are available on the heritage public notices database at
www.deh.gov.au/cgi-bin/epbc/heritage_ap.pl.
Commonwealth heritage
The Commonwealth Heritage List includes natural, Indigenous and historic
heritage places, or groups of places, in Commonwealth land and waters or
under Australian Government control, identified by the minister as having
Commonwealth heritage values.
47
Environment protection
with the plan. If plans are already in place and are consistent with the new
Commonwealth Heritage Management Principles prescribed in Regulations to the
EPBC Act, a new plan will not be required.
To 30 June 2005 the department had received 10 draft management plans for
review, including those for Mount Stromlo Observatory (Australian Capital
Territory), Woomera (South Australia) and the National Gallery of Australia. Before
an agency makes a plan, it must invite members of the public, Indigenous people
with rights and interests in the place and, where relevant, a state or self–governing
territory to comment on the draft plan. Of the draft management plans referred to
the department for review, six were sufficiently progressed to be made available
for public comment. To 30 June 2005 no management plans for Commonwealth
heritage places had been endorsed by the minister.
Biosphere reserves
During 2004–05 Barkindji Biosphere Ltd submitted a nomination to the United
Nations Educational, Scientific and Cultural Organisation (UNESCO) for
consideration under its Man and the Biosphere Programme, which was deferred
pending formal endorsement from the New South Wales and Victorian state
governments. The nomination was subsequently revised and resubmitted to
UNESCO in May 2005 for reconsideration with a clearer demonstration of support
from the New South Wales Government. The Man and the Biosphere Bureau, at its
meeting in June 2005, approved the Barkindji Biosphere Reserve.
No financial or other assistance was provided under section 341 in 2004–05 beyond
the provision of technical and other advice to a number of organisations and
groups involved in biosphere reserve development.
49
Environment protection
51
Environment protection
or specific activities likely to require referral under the EPBC Act. While preliminary
results have revealed no major or serious cases of non-compliance, several projects
have been identified where the significance of impacts on matters of national
environmental significance is unclear and further examination is warranted.
The Performance Improvement and Audit Unit is conducting a review of the
Approval and Wildlife Division’s compliance and enforcement activities as part of
the department’s Strategic Internal Audit Plan. The review will measure whether
compliance activity is carried out in accordance with policies, strategies and
procedures, against better practice principles.
Case study
53
Environment protection
Federal Court
During the year the Federal Court delivered judgements in two cases involving
challenges to decisions made under the EPBC Act. On 30 July 2004 the full bench
of the Federal Court upheld an earlier judgement of Justice Kiefel in relation to
the construction and operation of the Nathan Dam in central Queensland. In
upholding the earlier judgement, the Full Court clarified the judgement of Justice
Kiefel and provided a set of workable principles to be used in determining if
a proposed development requires approval under the EPBC Act. The minister
remade the controlled action decision employing these principles and determined
that the assessment and approvals process for the Nathan Dam should consider
likely significant impacts on the World Heritage values of the Great Barrier Reef
and on listed migratory species, in addition to listed threatened species and
ecological communities.
On 11 February 2005 the full bench of the Federal Court upheld an earlier
judgement of Justice Weinberg, dismissing an application by Dr Paul Mees
under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act).
The application was for review of a decision that the proposal to construct the
55
Environment protection
5. Reporting
State of the Environment reporting
The EPBC Act requires that a report on Australia’s environment be prepared every
five years. The second State of the Environment report was published on 19 March
2002. Preparation of the next report is continuing.
2004–05(a) Total(b)
Referrals
Controlled actions
Public inquiry 0 0
Accredited assessment 8 26
57
Environment protection
Deemed referrals 0
Reconsideration of decisions
No change in decision 5
QLD 93 24 9 64 97
VIC 65 13 7 44 64
NSW 54 4 4 43 51
WA 49 9 7 22 38
SA 24 6 2 17 25
TAS 15 3 3 5 11
ACT 13 0 1 12 13
NT 7 4 0 2 6
Christmas Island 7 0 0 7 7
Norfolk Island 4 0 0 4 4
59
Environment protection
Aquaculture 5 2 1 1 4
Communication 10 1 0 9 10
Defence 2 2 0 1 3
Land transport 20 4 1 14 19
Manufacturing 6 1 0 5 6
Mining 28 12 2 14 28
Waste management 16 1 1 13 15
Water transport 10 4 1 5 10
Nominal
Controlled
Matter protected controlled
action
action(b)
Total 74 119
(a) Numbers of matters protected are after reconsideration of decisions.
(b) Arising from decisions made by the minister under section 77(3) that an action is not a controlled action if taken in
a particular manner.
61
Environment protection
Level of Assessments
Under
assessment completed
assessment at
decided during during
30 June 2005
2004–05 2004–05
Commonwealth assessments
Preliminary documentation 25 24 12
Public inquiry 0 0 0
State/territory assessments
Bilateral agreement 10 1 15
Accredited assessment 7 8 31
Total 48 38 76
Number
Approvals
Approved with no conditions 2
Approved with conditions 26
Approval not granted 0
Total decisions 28
Awaiting approval at 30 June 2005 4
Awaiting s130(1B) notice from state/territory(a) 20
(b)
Awaiting further information from proponent 2
(a) The statutory timeframe for the approval process commences with the finalisation of an assessment report and,
where necessary, the receipt of a notice from the relevant state/territory stating that the impacts of the action
(other than those impacts assessed in accordance with the EPBC Act) have been assessed by the state or territory.
Therefore for some proposed actions, although the assessment process is complete, the approval process statutory
timeframe cannot commence until such notices from the state or territory are received under section 130(1B).
(b) Where the minister believes, on reasonable grounds, that he or she does not have enough information to make an
informed decision whether or not to approve the taking of an action, the minister may request further information
under section 132. In these cases the approval process statutory timeframe is stopped until the last of the
information requested is received (section 130(5)).
Airspace Management 1 0 0
GBRMPA Permit/Authority 1 0 0
Total 7 6 6
63
Environment protection
65
Environment protection
67
Environment protection
69
Environment protection
Conserving biodiversity
Threatened species and ecological communities
Key
Ecological
Species threatening
communities
processes
Total 12 6 6
71
Environment protection
State/ Ministerial/delegate
Fishery
Commonwealth decision date
State/ Ministerial/delegate
Fishery
Commonwealth decision date
Commonwealth Southern and Western Tuna and Billfish Fishery 10 November 2004
73
Environment protection
Reports
Description of ecological community: arid eucalyptus woodland by Jane Elith and
Sjaan Bidwell, University of Melbourne, October 2004
75
Environment protection
77
Environment protection
77(4) Providing reasons for 12 5 Absence of decision maker; need to obtain legal
decision advice/review.
273(1) Making recovery 94(a) 7(b) All overdue plans are in advanced stages of
plans for listed threatened development. Delays have occurred due to
species and ecological reassessment of the conservation status and
communities in distribution of some species, and the need to
Commonwealth areas ensure adequate time for stakeholder consultation
and incorporation of comments from public
exhibition processes.
273(4) Making threat 5 2(b) Of the five threat abatement plans under
abatement plans for key development there are two plans in the final
threatening processes stage of development that are overdue. Delays
occurred due to the need to ensure adequate time
for stakeholder consultation and incorporation of
comments from the public consultation process.
79
Environment protection
279(2) Reviewing threat 6 5(b) Of the six threat abatement plans under review
abatement plans there are five that are overdue. Review processes
were advanced for all overdue threat abatement
plans, with revised plans expected to be provided
for stakeholder consultation prior to finalisation
in 2005-06.
279(2) Reviewing recovery 20 20(b) Of the 20 recovery plans due for review all are
plans underway. Delays have occurred due to the
volume of recovery plans becoming due for
review, and the need to ensure adequate time for
stakeholder consultation and incorporation of
comments from public exhibition processes.
303CI Decision on permit 1151 2 Late decisions resulted from the complexity of
for CITES species and issues and additional research required in those
specimens cases.
303EG Decision on 27 6 Three late due to caretaker period; three late due
proposed amendment to administrative delays but signed within four
to the list of specimens days of required signature date.
suitable for live import
341E(3) Requesting the 11 6 Single referral one day late; administrative error.
Chair of the Australian
Heritage Council to assess
a nomination for the
Commonwealth Heritage List
81
Environment protection
This annual report is prepared in accordance with section 71 of the Fuel Quality
Standards Act 2000. It covers the operation of the Act from 1 July 2004 to 30 June
2005. The Act was amended in March 2004 to enable labelling of fuel in the public
interest, and the objects of the Act are now to:
a. regulate the quality of fuel supplied in Australia in order to:
i. reduce the level of pollutants and emissions arising from the use of fuel that
may cause environmental and health problems
ii. facilitate the adoption of better engine technology and emission control
technology
iii. allow the more effective operation of engines
b. ensure that, where appropriate, information about fuel is provided when the
fuel is supplied.
The Fuel Quality Standards Regulations 2001 cover the regulation of fuel and
fuel additives; the operations of the Fuel Standards Consultative Committee;
the publication of notices relating to entries in the Register of Prohibited Fuel
Additives; enforcement; and record keeping and reporting obligations.
Amendments to determinations
The Fuel Quality (Petrol) Amendment Determination 2005 and the Fuel Quality
(Automotive Diesel) Amendment Determination 2005 were signed by the minister
on 13 May 2005 and registered on the Federal Register of Legislative Instruments
on 15 June 2005. The amendments relate mainly to test methods used to determine
compliance with the petrol and automotive diesel fuel quality standards. They
also correct an error in the fuel standard specified for diesel where the decision
taken by government when the standards were first introduced was not correctly
represented in the final determination setting the standard.
Fuel quality
• distillation in all grades of petrol to have a maximum final boiling point of
210o Celsius
• olefin content of petrol to be limited to a flat maximum of 18 per cent in all grades
• aromatics content in all grades of petrol to be reduced to 42 per cent pool
average with a cap of 45 per cent.
Biodiesel
Limits for a number of parameters under the biodiesel standard came into force on
18 September 2004 including:
• free glycerol limited to a maximum of 0.020 per cent mass
• total glycerol limited to a maximum of 0.250 per cent mass
• metals—Group 1 (Na, K) limited to a maximum of five milligrams per kilogram
• metals—Group II (Ca, Mg) limited to a maximum of five milligrams per kilogram
• alcohol content limited to a maximum of 0.20 per cent (mass by mass)
• total contamination limited to a maximum of 24 milligrams per kilogram
• cetane number must be no less than 51.0
• oxidation stability must be a minimum of six hours at 110oCelsius.
Operability standards
Operability standards are standards linked to the more effective operation
of engines. The Department of Industry, Tourism and Resources continued
consultation with stakeholders on finalising outstanding operability standards for
petrol and diesel namely:
• Petrol: colour, appearance, driveability index and flexible volatility index
• Diesel: appearance, acidity, cloud point and cold filter plugging point.
The consultations culminated in a joint industry and government workshop held
in Canberra in November 2004 where industry consensus was reached on the way
85
forward. It was agreed that these parameters should be managed through industry
guidelines and not through regulation under the Act. The guidelines are being
developed by the Australian Institute of Petroleum in consultation with the Federal
Fuel quality
Diesohol
On 27 May 2004 the Department of the Environment and Heritage released
a discussion paper for public comment on setting a fuel quality standard for
diesohol. Diesohol is defined in the Fuel Quality Standards Regulations 2001 as
a ‘blend primarily comprising diesel and an alcohol’. Also known as E-diesel,
M-diesel and Oxy-diesel, the fuel is used in compression ignition engines as an
alternative to diesel fuel. The focus in Australia has been on hydrous ethanol
blends formulated using an emulsifier developed by Apace Research. An
alternative technology used anhydrous ethanol and an additive. Diesohol is not
subject to any formal or accepted industry quality standards, either in Australia or
internationally.
Fuel quality
paper on issues surrounding setting a fuel quality standard for ethanol. The paper,
which was released in November 2004, addressed ethanol standards setting in an
international context along with discussion regarding various parameters regulated
abroad. While the ethanol content of petrol blends has been capped at 10 per cent,
with the requirement that blended petrol be labelled at the point of sale, there is no
national fuel quality standard for fuel grade ethanol. Setting a standard will help to
ensure that the environmental and vehicle operability objectives of the Act are met,
and assist in building confidence in the fuel by ensuring a high quality is available.
On 22 September 2005 the government announced additional measures to increase
the uptake of ethanol blended fuels.
87
The review concluded that the overall policy objectives of the Act are being met
and should not be altered, but that the following issues should be addressed:
• Nationally consistent fuel standards and their application to unincorporated
Fuel quality
suppliers have not been achieved in all respects; there is thus a need for
complementary state and territory legislation.
• In order to reinforce the monitoring and enforcement function of the Act,
consideration should be given to an ongoing review of resources provided for
fuel sampling and testing, coupled with cost-effective approaches such as the
inclusion of penalty notices.
• In order to ensure fuel supply in an emergency, a procedure and an emergency
provision for non-compliant fuel should be developed.
• To ensure that the administrative effort required is in keeping with the objects
of the Act, the approvals system needs to be streamlined; and procedures such
as the delegation of duties to departmental officers, notification obligations for
regulated persons, and the provision of geographical and seasonal variation to
standards need to be refined.
• In order to address stakeholder concerns and ensure continued compliance,
industry and community communication and education need to be improved.
Fuel quality
Mr Peter Burnett, Chair Department of the Environment and
Heritage
89
Under section 24A the minister must consult the committee before:
• granting an approval
Fuel quality
Fuel quality
Just Fuel Petroleum Service Pty Ltd 17 June 2005 – Variation of the Fuel
31 December 2006 Standard (Petrol)
Determination 2001 to
permit the supply of 10
specialist racing fuels.
Variation of the
Aromatics, Oxygen,
DIPE(a), MTBE(b) and
Olefins parameters.
Elf Competition Fuel and Lubricants Australia 17 June 2005 – Variation of the Fuel
Pty Ltd 31 December 2006 Standard (Petrol)
Determination 2001 to
permit the supply of 10
specialist racing fuels.
Variation of the
Aromatics, Oxygen,
DIPE, MTBE and Olefins
parameters.
91
Table 2 continued ...
Fuel quality
BP Australia Bulwer Island 17 June 2005 – Variation of the Fuel
31 December 2006 Standard (Automotive
Diesel) Determination
2001 to permit the
supply of diesel with
a minimum density of
810 kg/m3.
93
Table 2 continued ...
Caltex Australia Petroleum Pty Ltd 10 February 2005 Variation of the Fuel
– 31 December 2005 Standard (Automotive
Diesel) Determination
2001 to permit the
supply of (wintermix)
diesel with the
following parameters:
• viscosity 1.2cSt @ 40˚C
• density 800kg/m3
• lubricity 0.700mm
• sulfur 1000ppm
Conditions attached.
Mobil Oil Australia Pty Ltd 10 February 2005 Variation of the Fuel
– 31 December 2005 Standard (Automotive
Diesel) Determination
2001 to permit the
supply of (wintermix)
diesel with the
following parameters:
• viscosity 1.2cSt @ 40˚C
• density 800kg/m3
• lubricity 0.700mm
• sulfur 1000ppm
Conditions attached.
Fuel quality
The Shell Company of Australia 30 August 2004 – Variation of the Fuel
30 December 2005 Standard (Diesel)
Determination 2001 to
permit the supply of
Shell Aquadiesel.
Variations to the
viscosity, density, and
water and sediment
parameters.
95
Table 3: Existing approvals amended 2004-05
Caltex Australia Petroleum Pty Ltd 21 March Variation of the List of regulated
2003 – 31 Fuel Standard persons
December (Automotive extended on
2004 Diesel) 8 August 2004
Determination (GN34, 25
2001 to permit August 2004)
the supply of
(wintermix)
diesel with
the following
parameters:
• viscosity 1.2cSt
@ 40˚C
• density
800kg/m3
• lubricity
0.700mm
• sulfur
1000ppm
• (see note
below at (b))
Fuel quality
operation approval made(a)
97
Table 3 continued ...
Fuel quality
(b) The viscosity, density, lubricity and sulfur parameters have been varied to allow the supply of ‘wintermix diesel’
to certain parts of Australia. ‘Wintermix diesel’ is a fuel that is fit for use in cold regions of Australia, which ensures
that diesel engines and machinery will operate without the fuel being prone to ‘waxing’.
99
Administrative Appeals Tribunal
The Administrative Appeals Tribunal received one application under section 70 of
Fuel quality
Imports) Act 1989, this report covers the operation of the Act from 1 July 2004 until
30 June 2005.
Basel Convention
The Basel Convention was developed by the United Nations Environment Programme
and adopted on 22 March 1989. It imposes two kinds of obligations on members:
• specifically, to control the export and import of hazardous and other wastes
(other wastes being household wastes or incinerator residues), to provide for
notification and consent, as required by the convention, and to track shipments
to environmentally sound disposal
• more generally, to minimise the movement and generation of hazardous
and other wastes, and ensure that hazardous wastes are disposed of in an
environmentally sound manner.
Australia ratified the convention on 5 February 1992 and it entered into force on
5 May 1992. The seventh Meeting of the Conference of the Parties to the
convention was held on 25–29 October 2004.
Hazardous waste
under modified control procedures)
• general administrative arrangements required by the Act.
Permits
In 2004–05 the department assessed 13 applications for permits to import and
export hazardous wastes. Twelve permits were granted (eight for exports and
four for imports) and one application was refused. All permit applications were
processed within the statutory timeframes. Details of permit applications received
in 2004–05, including those not resolved by the end of the year, are presented in
the tables below.
Fee income
During the year $15 114.53 was received in fee income. Fees are set to recover the
costs of administration, in line with Australian Government policy.
103
The department worked to improve compliance with the Act, including
strengthening intelligence links with industry and other government agencies.
Publications
Under section 33 of the Act, particulars of all applications, permits and variations
Hazardous waste
Quantity Period of
Applicant Type of waste, disposal operation and destination
(tonnes) permit
Hazardous waste
Pty. Ltd followed by recycling/reclamation of other
inorganic materials at Selca S.p.A., 22 Via Milano,
Pisogne (Bs) 25055, Italy. Via the Suez Canal.
Exide Australia 36 000 13.08.04 – Waste comprising lead acid batteries, whole or
Pty Ltd 13.08.07 crushed, for recycling/reclamation of metals and
metal compounds at Exide New Zealand, Wainone
Street, Petone, New Zealand.
Mount Isa 6 400 26.11.04 – Lead dross from Queensland for recycling/
Mines Ltd 30.03.05 reclamation of metals and metal compounds at
Umicore, A. Greinerstraat 14, B-2660 Hoboken,
Belgium. Via the Suez Canal and the ports of
Singapore and London.
Fuji Xerox 414 08.12.04 – Waste electrical and electronic scrap from
Australia 31.08.05 New South Wales for accumulation of material
Pty Ltd intended for another disposal operation, followed
by recycling/reclamation of metal compounds,
and recycling/reclamation of other inorganic
compounds at Fuji Xerox Eco-manufacturing
Co. Ltd, 175 Sathom City Tower 16/1 Floor, South
Sathom Road, Tungmahamek, Sathom, Bangkok
10120, Thailand. Via Singapore.
Fuji Xerox 990 08.12.04 – Used toner cartridges from New South Wales for
Australia 31.07.05 accumulation of material intended for another
Pty Ltd disposal operation, followed by recycling/
reclamation of metal compounds, recycling/
reclamation of other inorganic compounds, and
use as a fuel (other than by direct incineration) or
by other means to generate energy at Fuji Xerox
Eco-manufacturing Co. Ltd, Export Processing Zone
Bo-win, Chonburi Industrial Estate, Thailand. Via
Singapore.
105
Table 1 continued ...
Quantity Period of
Applicant Type of waste, disposal operation and destination
(tonnes) permit
Nuplex Special 480 23.12.04 – Mixed resin waste being alkyd and polyester resins
Waste Pty Ltd 19.10.05 containing various solvents such as xylene, toluene
and white spirit from Victoria for disposal by solvent
Hazardous waste
Quantity Period of
Applicant Type of waste, disposal operation and destination
(tonnes) permit
OMG Cawse 1 000 21.09.04 Nickel filter cake intermediate waste from
Pty Ltd – 21.09.05 OMG Harjavalta Nickel Oy, Harjavalta, Finland
for recycling/reclamation of metals and metal
compounds at OMG Cawse Pty Ltd, Locked Bag 32,
Kalgoorlie, Western Australia 6433.
Beaufort 39.7 and 26.10.04 Household wastes from the French Dumont
Shipping 10 900 – 30.09.05 D’Urville Station in Antarctica to Tasmania for
Agency litres deep burial at McRobies Gully landfill, Hobart,
Company for recycling of glass, cans and waste oils, and for
incineration of high risk items at the Hobart Marine
Board incinerator.
Quantity Period of
Applicant Variation
(tonnes) permit
Hazardous waste
phosphate to convert heavy metal compounds
to insoluble phosphate compounds, and then
disposed of to landfill.
Quantity Period of
Applicant Variation
(tonnes) permit
Sims Group 100 07.09.04 – Vary special import permit granted to SimsMetal
Ltd 11.03.05 Ltd on 11 March 2004 to include undrained used
lead acid batteries.
107
Table 5: Export applications received but not resolved by 30 June 2005
Date
Quantity
Applicant received Type of waste, disposal operation and destination
(tonnes)
and status
Mobil 300 19.08.04. Motor fuel antiknock mixture from South Australia
Refineries Processing for recycling/reclamation of metals and metal
Australia compounds at Associated Octel Co Ltd, Oil Sites
Pty Ltd Road, Ellesmere Port CH65 4HF, South Wirral,
United Kingdom. Via Singapore, Port Klang, Suez,
Rotterdam and Hamburg.
Umicore 2 000 17.09.04 Waste zinc ashes and residues from Victoria
Australia Ltd Processing for recycling/reclamation of metals and metal
compounds at Umicore Oxyde Belgium n.v,
Industriezone West Zolder -Lummen Zuid, B-3550
Heusden-Zolder, Belgium. Via Jakarta, Singapore,
Jeddah, Suez and La Spezia.
SAFT NIFE 240 04.11.04 Used nickel cadmium batteries from New South
Power Systems Processing Wales for recycling/reclamation of metals and
Australia metal compounds at SAFT NIFE AB, S-57201
sPty Ltd Oskarshamn, Sweden. Via Port Klang, Singapore,
Suez, Southampton, Rotterdam and Hamburg.
Date
Quantity
Applicant received Type of waste, disposal operation and destination
(tonnes)
and status
MacDermid 164 000 13.12.04 Copper ammonium chloride from New South
Australia litres Processing Wales, Queensland, South Australia, Victoria, and
Hazardous waste
Western Australia for recycling/reclamation of
metals and metal compounds at ChemRecovery Ltd
15 Waokauri Place, Mangere, New Zealand.
Sims Group 6 000 20.12.04 Waste cullet from cathode ray tubes from New
Ltd Processing South Wales for recycling/reclamation of other
inorganic materials at LimbergGlas BV, St. Janskamp
7, 6101 AG Echt, the Netherlands. Via Singapore,
Jeddah, Suez, La Spezia and Antwerp.
109
Hazardous waste
(UVB) radiation to penetrate the earth’s atmosphere and will greatly increase the
incidence of skin cancer and eye cataracts, as well as affecting plant and aquatic life.
The international community’s response to ozone depletion has been cohesive and
effective. National Aeronautics and Space Administration (NASA) data indicate that
the rate of ozone depletion has slowed and scientists predict a full recovery of the
ozone layer by 2050. This predicted recovery is dependent on full compliance with
internationally agreed phase-out targets for the use of ozone depleting substances
and substituting less harmful alternatives.
Australia meets its international obligations to phase out the use of ozone depleting
substances and to control the use of synthetic greenhouse gas replacements through
the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
Ozone protection
- establishes a system of controlled substances licences and
reporting requirements for the import, export or manufacture of
hydrochlorofluorocarbons (HCFCs), methyl bromide, hydrofluorocarbon
(HFCs) and perfluorocarbon (PFCs) consistent with Australia’s obligations
under the Montreal Protocol and United Nations Framework Convention on
Climate Change
- establishes a licensing system for the import of refrigeration and air
conditioning equipment that contains an HFC or HCFC refrigerant
charge (pre-charged equipment), thereby applying the same conditions and
responsibilities for the import of these substances in equipment as apply to
their import in bulk form
• revenue—the Act:
- establishes administrative fees for licences issued under the Act, with
the fees set under the Ozone Protection and Synthetic Greenhouse Gas
Management Regulations 1995. The Act also establishes the Ozone
Protection and SGG (Synthetic Greenhouse Gas) Account to allow revenue
from the licensing system, import levies and the Halon Bank to be directed
towards the cost of the Act’s administration; ozone depleting substance
phase-out programmes; emission minimisation programmes; and
the operation of the Halon Bank
• end-use regulation—the Act:
- creates regulation-making powers to allow the Australian Government to
develop end-use controls on purchase, sale, handling, storage and disposal
of ozone depleting substances and synthetic greenhouse gases.
113
Key operational achievements under the Act in 2004–05
Licensing
Background
The Act controls the manufacture, import and export of ozone depleting
substances and synthetic greenhouse gases used to replace ozone depleting
substances in Australia, specifically CFCs; halon 1211, 1301 and 2402; carbon
tetrachloride and methyl chloroform; HBFCs; bromochloromethane, HCFCs;
methyl bromide; HFCs; and PFCs.
Ozone protection
The import, export and manufacture of these substances, the import and
manufacture of certain products containing or designed to contain some of these
substances, and the import and manufacture of air conditioning and refrigeration
equipment charged with an HCFC or HFC refrigerant, are prohibited in Australia
unless the correct licence or exemption is held. There are four types of licence:
controlled substance; essential use; used substance; and pre-charged equipment.
There is one type of exemption: section 40.
Controlled substance, used substance and pre-charged equipment licences are
granted for a two-year period and stay in force until the end of the licensing period
in which they are granted. The current licensing period ends on 31 December 2005.
Essential use licences and exemptions are granted for a one-year period and stay in
force until the end of the year in which they are granted. Essential use exemptions
are granted for a two-year period and remain in force until the end of the period in
which they were granted, which for the purpose of this report is 31 December 2005.
On 1 April 2004 the Australian Government extended the import, export and
manufacturing licensing system to HFC, PFC and pre-charged equipment. The
current licensing period ends on 31 December 2005.
Ozone protection
Import and export of methyl bromide 6
Import of refrigeration and air conditioning equipment containing an HCFC or HFC 592
refrigeration charge
Export of CFC—essential use licence to facilitate the re-export of bulk CFC no longer 2
required in Australia
Import and export of used or recycled CFC, halon, carbon tetrachloride and methyl 1
chloroform—used substance licence
Section 40 exemptions1 13
On 3 May 2005 the Ozone Protection and Synthetic Greenhouse Gas Regulations
1995 were amended to permit the use of methyl bromide as a feedstock (a feedstock
is an intermediate substance which is used to manufacture other chemicals). Two
permits for this have been issued. These permits are issued on a calendar year basis.
Australia’s imports of ozone depleting substances remain below the limits set
through the Montreal Protocol. Bulk imports of ozone depleting gases into
Australia during 2004–05 amounted to an equivalent of 547.85 ozone depleting
potential (ODP) tonnes, an increase of 43.45 ODP tonnes over the previous year.
This is due to an increase in methyl bromide imports for use in quarantine and pre-
shipment fumigations, reflecting new international quarantine requirements and
an easing of the drought conditions. The import of ozone depleting refrigerants,
solvents and fire extinguishing agents remained in line with the structured quota
reduction system. In addition, an estimated 50.1 ODP tonnes of ozone depleting
refrigerants was incorporated in pre-charged equipment imported during the year.
1 S40 exemptions are issued only to enable the import of certain products and equipment containing or designed
to contain certain ozone depleting substances that are essential for medical and other purposes and for which
practical alternatives are not available in Australia.
115
Imports of bulk synthetic greenhouse gases into Australia during 2004–05 were in
the order of seven million tonnes of carbon dioxide equivalent, while synthetic
greenhouse gases incorporated in pre-charged equipment were in the order of
3.9 million tonnes of carbon dioxide equivalent.
Revenue
Background
The Act provides for licence application fees to be levied.
Licence fees and levies are set at the level estimated to be the cost to the Australian
Ozone protection
Government of administering the legislation and undertaking programmes
associated with phase-out and emission minimisation. These fees are held in the
Ozone Protection and SGG Account. The purpose of the account is to reimburse
the Australian Government for the costs associated with:
• administration of the Act and Regulations
• furthering the ozone depleting substances phase-out, and ozone depleting
substance and synthetic greenhouse gas emission minimisation programmes
• management of the National Halon Bank.
117
Outcomes
Funds received during 2004–05 from operation of the National Halon Bank and
licence fees and levies were
Table 4: Ozone Protection and SGG Account receipts and expenditure 2004–05
Levies
Account Expenditure
Grants 15 500
Projects funded from the Ozone Protection and SGG Account 2004–05
One project intended to further the phase-out of ozone depleting substances, and
to minimise ozone depleting substance and synthetic greenhouse gas emissions,
received funding during 2004–05. This was a continuing project to develop an
environmental rating scheme for air conditioning and refrigeration systems using
life-cycle assessment methodology, to raise awareness in industry and government
and confirm comparative operating efficiencies. The total project budget is
$165 400 and the project received $15 500 in 2004–05.
Ozone protection
uses. Development of end-use strategies for the foam sector continues in close
consultation with the affected industries.
These Regulations will ensure Australia meets its phase-out responsibilities under
the Montreal Protocol and will lead to reduced emissions of ozone depleting
substances and synthetic greenhouse gases through the establishment of national
knowledge, skill and working standards for the industry.
Industry boards are being established to assist with the administration of licensing
in the refrigeration and air conditioning industry and the fire protection industry.
Background
In March 1985, the Vienna Convention for the Protection of the Ozone Layer
was agreed. Following agreement that concrete measures were required to curb
the increasing use of ozone depleting substances, the Montreal Protocol on
Substances that Deplete the Ozone Layer was finalised in September 1987. The
Montreal Protocol aims to promote international cooperation in developing and
implementing specific measures to control the consumption and production of
ozone depleting substances. The Montreal Protocol was amended in 1990, 1992,
1995, 1997 and 1999.
Australia ratified the Montreal Protocol in May 1989. There are now 190 parties
to the Vienna Convention and 189 parties to the Montreal Protocol. The original
Montreal Protocol set limits on a number of controlled substances but did not
require their total elimination by a specific date. Subsequent reviews of the
Montreal Protocol established total phase-out dates for these substances and added
to the list of controlled substances. Details of the control measures are available at
www.deh.gov.au/atmosphere/ozone/legislation/montp.html.
119
Outcomes
Australia continues to meet its international obligations under the Montreal
Protocol. Australia has met, or is well in advance of, all reduction obligations.
During the year Australia commenced action to ratify the Beijing Amendment to the
Montreal Protocol. The Beijing Amendment prohibits trade in HCFCs with parties
who have not ratified the agreement, prohibits the import of bromochloromethane
and places reporting obligations on the import of methyl bromide for quarantine
and pre-shipment purposes. Australia already complies with all requirements of
the Beijing Amendment. Australia’s formal acceptance of the Beijing Amendment is
expected to be in place by November 2005.
Ozone protection
Australia provides technical and financial assistance to other countries in the region
to enable those countries to phase out the use of ozone depleting substances.
During the year Australia continued to assist India to establish a halon banking
facility. The facility will enable India to eliminate imports of new halon. Funding
for these projects is provided through Australia’s international aid programme.
Freedom of information
No requests were received under the Freedom of Information Act 1982.
Summary
During 2004–05, the Product Stewardship for Oil Programme consolidated
national used oil collection infrastructure, with a total of 828 facilities funded by
30 June 2005. South Australia joined the Australian Government/state partnership
Oil recycling
Programme overview
The Product Stewardship for Oil Programme came into effect on 1 January 2001,
fulfilling the Government’s May 1999 commitment outlined in the ‘Measures for a
Better Environment’ package. The programme’s objectives are to:
• provide economic incentives to increase the uptake and appropriate recycling
and use of waste oil
• encourage the environmentally sustainable management and re-refining of
waste oil and its reuse
• support economic recycling options for waste oil.
For more information on oil recycling, see www.oilrecyling.gov.au.
Oil recycling
different rates, depending on the type of product produced—the lowest benefit
being provided for basic burner fuels, and the highest for full recycling into a
lubricant base oil. Table 1 shows the 2004–05 benefit rates.
123
In establishing the Product Stewardship for Oil Programme, transitional assistance
funding of $34.5 million over seven years (2001–2007) was allocated to stimulate
the uptake of environmentally sustainable management and re-refining of waste
oil and its reuse. The funding complements the levy-benefit arrangements and is
an interim measure to engender change that will ensure the long-term viability of
Australia’s oil recycling industry.
for the Environment and Heritage. The Act also establishes the Oil Stewardship
Advisory Council (see Table 2).
• The product stewardship benefit rates are prescribed in the Product
Stewardship (Oil) Regulations 2000.
• The Excise Tariff Amendment (Product Stewardship for Waste Oil) Act 2000
and the Customs Tariff Amendment (Product Stewardship for Waste Oil) Act
2000 and associated Regulations establish the product stewardship levy.
• The Product Stewardship (Oil) (Consequential Amendments) Act 2000
contributes to the establishment of the levy and the general administrative
provisions in the Product Grants and Benefits Administration Act 2000.
• The Product Grants and Benefits Administration Act 2000 sets out eligibility
criteria and establishes the administrative mechanisms used by the Australian
Taxation Office to pay benefits to recyclers.
Transitional assistance administration, including general running costs of the
Product Stewardship for Oil Programme and general grant funding, is managed
under the Appropriation (Supplementary Measures) Act (No. 2) 1999.
Oil recycling
Commissioner of Taxation represent the Australian Government.
Member Representing
The council held two meetings in 2004–05—in Sydney on 22 July 2004 and in
Canberra on 24 January 2005.
125
Financial information
This section reports on the financial arrangements for the Product Stewardship
for Oil Programme for the period 1 July 2004 to 30 June 2005, including levy
collections and benefit payments. Information on transitional assistance
expenditure is set out under the heading Transitional Assistance.
General operation
The department, the Australian Taxation Office and the Australian Customs
Service continue to work together to ensure that the Product Stewardship for Oil
Programme is simple to administer and understand. The general administration
of the programme is progressing well, with 16 applications for registration during
2004–05, the majority of which are claimants under category 8. There were 69
recyclers registered for benefits as at 30 June 2005.
The Australian Taxation Office’s audit programme from previous years continued,
Oil recycling
1504 Gear, transmission, transformer and heat transfer oils $3 483 174
Oil recycling
Please note the total amount may differ slightly from the sum of the components due to rounding.
127
Table 4: Product stewardship levy collection (customs tariff)
by category 2004–05
27101991 Petroleum based oils including lubricants, hydraulic fluids and $2 378 049
transformer oils
27109191 Petroleum based oils including lubricants, hydraulic fluids and $8 034
transformer oils
27109991 Petroleum based oils including lubricants, hydraulic fluids and $101 378
transformer oils
34031910 Other preparations (for example, cutting oil, anti-corrosion) $32 644
containing petroleum oils, solid
34031990 Other preparations (for example, cutting oil, anti-corrosion) $330 442
containing petroleum oils, solid
34039190 Preparations for the treatment of textiles, not containing $17 210
petroleum oils, solid
34039910 Other preparations (for example, cutting oil, anti-corrosion) $119 500
not containing petroleum oils, solid
34039990 Other preparations (for example, cutting oil, anti-corrosion) $228 452
not containing petroleum oils, liquid
38112110 Additives for lubricating oil, containing petroleum oils, solid $9 460
38112190 Additives for lubricating oil, containing petroleum oils, liquid $1 244 825
Oil recycling
Figure 1. Volume of used oil recycled per month over the life of the Product
Stewardship for Oil Programme
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The large spike in 2003 was a result of a backdated claim covering several months
of recycling activity.
129
Table 5: Product stewardship benefit payments by category 2004–05
Benefit
Category Litres
payments
1. Re-refined base oil (for use as a lubricant or a hydraulic $4 614 480 9 228 960
or transformer oil) which meets the specified criteria
3. Diesel fuels to which the Excise Tariff Act 1921 applies $1 204 763 17 210 898
5. High grade industrial burning oils (filtered, de-watered and $5 009 867 100 197 331
de-mineralised)
6. Low grade industrial burning oils (filtered and de-watered) $2 796 156 93 205 197
8. Gazetted oil consumed in Australia for a gazetted use $1 349 175 24 760 048
9. Recycled oil mentioned in item 5 or 6 that has been blended $667 065 6 979 858
with a petroleum product that meets the criteria mentioned
in schedule 2
Used oil recycled (excludes categories 8 and 9(a)) $13 678 727 220 376 996
Oil recycling
• related environmental issues such as handling and management of filters,
drums and ‘do it yourself’ packaging
• community and industry awareness of waste oil management issues.
In addition, funds are used to cover the operating costs of the Product Stewardship
for Oil Programme, including the relevant running costs of the department, the
Australian Taxation Office and the Oil Stewardship Advisory Council.
Transitional assistance funds may be provided through specific grants or projects,
consultancies and/or strategic partnerships for the provision of goods and services.
Major initiatives funded under the transitional assistance component include the
following.
131
To date $7.6 million has been spent on the Local Government Waste Oil Collection
Infrastructure Small Grants Programme for establishing 519 collection facilities
across 324 local governments throughout Australia. This includes $267 000 for
18 new facilities in 2004–05.
The State Partnership Programme has gradually taken over from the direct grant
programme. Multi-year grant agreements were signed with Victoria, Western
Australia and Queensland in 2002–03, with NSW in 2003–04 and South Australia
in 2004–05 (transitional assistance funding to SA of $280 000). Delivery of
the programme through state partners achieved the desired multiplier effect.
Economies of scale have enabled state partners to establish a total of 309 facilities
by the end of the reporting period, well above the 230 facilities originally
envisaged.
The combined number of collection facilities funded under both programmes by
the end of 2004–05 was 828. More than 80 per cent of these facilities were fully
operational by the end of the reporting period and the remaining facilities are
expected to be operational by December 2005. Information about the locations of
Oil recycling
Oil recycling
In November 2004 the Minister for the Environment and Heritage approved
the extension of the Product Stewardship for Oil Programme to Indigenous
communities in remote Australia and endorsed its broadening to also address
integrated waste management issues.
This has allowed the department to develop a three-year action plan (2004–05 to
2006-07) that will establish a national network of education and demonstration
nodes at which appropriate used oil and waste management issues can be
demonstrated.
Transitional assistance funding of $680 000 was granted to the Northern Territory
Local Government Association to commence a pilot project that will benefit
Indigenous island, coastal and desert communities across the Northern Territory.
Work has commenced to establish complementary demonstration projects in
Queensland (Torres Strait and Cape York), NSW, Western Australia and South
Australia.
Operating expenses
The department’s 2004–05 operating costs for running the Product Stewardship for
Oil Programme were $1.3 million. This covers all costs associated with running the
programme, including staff salaries and allowances, consultancies, advertising (for
example, for tenders) and other related expenses.
Under new arrangements with the Australian Taxation Office, the Transitional
Assistance Grants Programme no longer covers the Tax Office’s operating costs.
133
However, $25 454 was provided from transitional assistance grants funding to
cover costs associated with implementing regulatory changes made during the
year. Services provided by the Australian Taxation Office include processing
registrations and claims for benefits, compliance monitoring and client liaison.
The Oil Stewardship Advisory Council’s operating costs were $32 178. This
includes all costs related to the activities of the 11-member advisory council
including venue hire, sitting fees, air fares and other travel costs and allowances.
from the Independent Review of the Product Stewardship (Oil) Act 2000 resulted
in an amendment to the Regulations, clarifying the definition of re-refining. The
Government is expected to respond to other recommendations made by the two
reviews during the coming year.
The two reviews were tabled in both Houses of Parliament on 17 November 2004.
The reports are available on the web site at www.oilrecycling.gov.au/publications.
for export. Other Australian protected objects may be exported provided a permit
or certificate has been obtained. Permits are granted by the responsible minister,
on the advice of the National Cultural Heritage Committee and expert examiners.
Heritage objects located overseas may also be defined as Australian protected
objects under the Act, and a Certificate of Exemption may be issued for such an
Australian protected object to enter Australia and return overseas without restriction.
Movable heritage
Review of the Protection of Movable Cultural
Heritage Act 1986, Regulations and administration
The review identified a range of issues which have required further analysis.
Consultation with many of the key stakeholders has been undertaken, including
the Australian Customs Service and the Australian Bureau of Statistics.
Advice from the Australian Government Solicitor and the Director of Public
Prosecutions is under consideration and broader consultation is expected to be
conducted in 2005–06.
Enforcement
The department continues to work closely with the Australian Federal Police and
Australian Customs Service to ensure the enforcement of, and compliance with,
the Act. Inquiries were undertaken in respect of a wide range of objects being
exported and imported including heritage machinery, fossils and antiquities. The
department also assisted members of the public and businesses with inquiries
about export permit requirements.
137
Illegal exports
Two engines mentioned in the 2003–04 annual report, a 1908 Marshall Road
Locomotive and a 1921 Fowler Stump Puller, became forfeit to the Commonwealth
after action against it in the Supreme Court of Queensland was dismissed. The
suitable disposition of the engines is now under consideration.
Illegal imports
Objects illegally exported from another
country in contravention of the
cultural heritage laws of that country,
and imported into Australia, may be
subject to seizure and forfeiture to
the Commonwealth for return to the
requesting government.
The department liaised with a number
of foreign governments on cases
This fossil skull of the extinct hyaena, involving objects such as aircraft relics,
Adcrocuta, from China, is a foreign protected decorated human skulls, ancient Greek
Movable heritage
object that was seized under the Protection coins and Egyptian artefacts.
of Movable Cultural Heritage Act 1986 in
December 2004. In 2003 the People’s Republic of China
requested Australia’s assistance in the
Photo: M Mohell and the Australian Heritage Photo Library
Movable heritage
Eighteen permits (including one conditional permit) were issued to export
permanently 27 cultural heritage objects. In general, the exporters were seeking to
either sell the objects on the international market or to exchange the objects with
overseas collectors.
139
Letters of Clearance
A total of 69 Letters of Clearance were issued covering 1 485 objects. Of the total,
54 letters covering 105 objects resulted from applications for export permits where
the objects were found not to meet the Control List criteria and the Act did not
apply to them. In addition, 15 letters covering 1 380 objects were issued as a result
of discussions with prospective applicants prior to the lodgement of a formal
application, where it became evident that the objects would not meet the Control
List criteria.
Applicants may obtain a preliminary assessment of certain natural science objects.
Expert examiners have indicated that the vast majority of these applications relate
to material that is of little or no scientific or cultural significance, or to material that
is adequately represented in public collections by objects of equivalent quality. In
such cases a Letter of Clearance allowing its export is issued by the expert examiner.
In cases where the object is assessed as being of high scientific or cultural
significance and not adequately represented in public collections, it is subject
to the full assessment process, including consideration by the National Cultural
Heritage Committee.
Applications withdrawn
Movable heritage
Certificates of Exemption
Fifteen Certificates of Exemption covering 38 objects were issued during the year.
Certificates of Exemption allow Australian protected objects that are currently
overseas to be imported into Australia and subsequently re-exported. Owners of
Australian protected objects located overseas are encouraged to repatriate them to
Australia for display or sale. Objects imported for exhibition allow the Australian
public access to elements of their cultural heritage that would otherwise be
unavailable. Objects returned for sale provide opportunities for Australian residents
to purchase and return these objects to the Australian domain. A certificate
provides owners with security that their objects can be re-exported on completion
of the exhibition or if they are not sold to an Australian resident.
As an example, during 2004–05 Certificates of Exemption were issued for:
• Aboriginal artefacts
• artworks
• objects of historical significance including an autograph manuscript journal of
Captain Charles Sturt’s expedition.
Movable heritage
machine and, as such, represents the commencement of an Australian
aviation icon.
It has a significant association with Australia’s defence during World War II. In
1942 it entered military service, eventually being used in the evacuation of
Darwin and Broome following the Japanese attacks. The aircraft was brought
to Australia at a time of significant expansion in passenger services. The
machine is a significant milestone in making air travel safer, faster and more
accessible for Australians.
141
Continued ...
In Australia, steam wagons were extensively used by local councils for road-
making and research indicates that this vehicle’s earlier history is linked to
local government.
A 1972 Papunya Painting ‘Corroboree for Young Men’ by Long Jack Phillipus 24.12.2004
Tjakamarra.
The painting is an aesthetically exceptional work created by one of the
founders of the central desert art movement, from the movement’s seminal
period from 1971 to 1973. Although there are a number of works by this
artist in public collections, the majority of these were created in 1971. There
are very few of the artist’s works from later in the seminal period in public
collections, and none of them are as aesthetically exceptional as this 1972
work.
The painting depicts culturally weighty subject matter relating to explicit
ceremonies of the sacred/secret world of men. The painting includes
tchuringas or sacred boards decorated with patterns used on the body of
participants in the initiation ceremony. Other references to the sacred world
of men are contained in the ‘blood and kidneys’ designs incorporated into
the painting, and the depiction of human figures painted for ceremony.
These figures are depicted kneeling, as if at a critical moment in the
ceremony. Two similar paintings by this artist held in the Museum and Art
Gallery of the Northern Territory are catalogued as ‘secret’. The depictions of
human figures in the painting’s imagery are rare in the central desert school
Movable heritage
at this period.
143
National Cultural Heritage Committee
The Act provides for the Minister to appoint the National Cultural Heritage
Committee. The committee is responsible for advising the minister on permit
applications and on the administration of the Act, including the National Cultural
Heritage Control List, the Register of Expert Examiners, and the National Cultural
Heritage Account.
Committee members during the year were:
Dr Philip Jones, Senior Curator, Department of Anthropology, South Australian
Museum, from 26 October 1995 (Chair)
Professor Kenneth McNamara, Senior Curator, Invertebrate Paleontology, Western
Australian Museum, from 26 October 1995
Mr Simon Molesworth AM QC, Barrister-at-Law, Victoria, from 29 January 1996
Professor Di Yerbury AO, Vice-Chancellor, Macquarie University, Sydney, from
12 October 2000. Professor Yerbury’s term was extended until December 2005
Ms Deborah Tranter, Deputy Director, Cobb and Co Museum, Queensland, from
24 April 2000
Movable heritage
Movable heritage
145
Appendix—Summary of export
applications and assessments 2004–05
Export applications 2004–05
Objects Applications
Objects Outcomes
Movable heritage
Permits refused 5 5
Applications withdrawn 6 6
Movable heritage
147
Appendix 2—Permits issued in 2004–05
Permanent permits – description Finalised
Papunya Board: Mala (Wallaby) Dreaming, 1971 by Johnny Warangkula Tjupurrula 25.11.2004
Philatelic Exhibits which include FRAMA ATM & CPS, Postal History of Indo-China, 1.10.2004
Roads and Bridges, From Pillar to Post (Box), Australia - The Newspaper Wrappers,
France–Australia Airmail Rates 1934–2004, etc
Movable heritage
Papunya Board, Men’s Corroboree Dreaming in a Cave, 1974 by Anatjari [III] Tjakamarra
Papunya Board: Maggie Springs, 1972 by Charlie Taruru Tjungurrayi
Papunya Board, Untitled, 1972 by Old Walter Tjampitjinpa
Papunya Board, Malu Kutjarra 1979, by Andrew Bulin Tjapangati
3 Artworks on Bark, c. 1970s, Groote Eylandt
Artwork on Bark, c. 1970s, Port Keats
Papunya Canvas: Untitled, 1974, by Kaapa Mbitjana Tjampitjinpa
Murray River Tribe War Dance (Before the Fight), c. 1890s by Tommy McRae 16.05.2005
149
Certificates of Exemption – description Finalised
Papunya Board: Emu Corroboree Man, 1972 by Clifford Possum Tjapaltjarri 9.02.2005
Papunya Board: Honey Ant Dreaming, 1972 by Tim Leura Tjapaltjarri
Papunya Board: Corroboree Boys, 1972 by Kaapa Mbitjana Tjampitjimpa
Papunya Board: Rock Wallaby, 1973 by Long Jack Phillipus Tjakamarra 9.03.2005
Movable heritage
Papunya Board: Wild Potato Dreaming, c. 1971 by Mick Namarari Tjapaltjarra 11.04.2005
Papunya Board: Bird Story, c. 1971 by Billy Stockman Tjapaltjarri
Papunya Board: Kangaroo Dreaming, c. 1985 by Clifford Possum Tjapaltjarri
Papunya Board: Birds in Rain at Barron Creek, c. 1971 by Kaapa Mbitjaana
Tjantitjinpa and 1974, Papunya Wild Orange Body Painting, c. 1971 by Kaapa
Mbitjaana Tjantitjinpa
Water efficiency
• lavatory equipment
• tap equipment
• urinal equipment
• flow controllers.
The primary standard currently applying to WELS products under the above
determination is the Australian and New Zealand Standard AS/NZS6400:2005
Water-efficient products—Rating and labelling.
The manufacturer of a WELS product may apply in writing to the regulator for
registration of a product. The period for voluntary registration commenced on
1 July 2005.
153
Internal and Administrative Appeals Tribunal review
The regulator received no applications for internal review under section 71 of the Act.
The Administrative Appeals Tribunal received no applications for review under
section 72 of the Act.
air conditioning equipment, 113, 114, 115, 118, 119 Australian Council of National Trusts, 26
aircraft, 141 Australian Customs Service, 42, 50, 123, 145
airports, 9, 10 customs tariff levy collections, 128
AirServices Australia, 9 wardens, 54
albatrosses, 34 Australian Defence Force, see Department of
Albury–Wodonga Development Corporation, 10 Defence
Alpine National Park, 45, 46 Australian Federal Police, 50, 145
animal rights groups, 41 Australian Fisheries Management Authority, 24, 52
annual report 2003–04 Australian Government actions, see
correction of errors in, 104 Commonwealth land/actions
items mentioned in, 138 Australian Heritage Council, 43, 45, 47, 48
Ansett, 141 Australian Heritage Council Act 2003, 43
ant species, 39 Australian Institute of Petroleum, 86, 133
155
Australian Museum, 33 bromochloromethane, 113, 120
‘Australian protected objects’, 136 Budg Bim National Heritage Landscape, 45, 46
Australian Quality Assurance and buff-banded rail, 9
Superintendence Pty Ltd, 19–20 Bunbury, 25
Australian Standards, 87, 153 by-catch (incidental catch), 24, 38
Australian Sugar Museum, 139
Australian Taxation Office, 125, 126, 133–4 C
excise collections, 127 CAMBA, 33
automotive diesel, 84 Canberra, see Australian Capital Territory
aviation, 9, 10, 23 cane toads, 31–2
movable heritage, 141 capacity building, see workshops and
presentations
B Cape York, 133
Baiames Ngunnhu, 45 captive breeding programmes, 42
Barkindji Biosphere Ltd, 49 carbon dioxide equivalent of synthetic
Barkindji Biosphere Reserve, 49 greenhouse gas imports, 116
Barrow Island, 10 carbon tetrachloride, 113, 115
‘base oil’, 125 Carlton Gardens, Melbourne, 44
Basel Convention, 102 Carnaby’s cockatoo, 14–15
basline information, 25 cassowaries, –8
beak and bird disease, 39 Castlemaine Diggings National Heritage Park, 45
Becher Point Wetlands, 49 Catchment Management Authorities, 25
Beijing Amendment to the Montreal Protocol, 120 catfish, 41
Belconnen Naval Transmission Station, ACT, 32 cats, 38, 39
benefits paid to oil recyclers, 123–4, 129–31 CD-ROMs, 42
registrations, 126 Central Eastern Rainforest Reserves World
bilateral agreements, 10–11, 62, 66, 69 Heritage property, 52
oil recycling, 132 Certificates of Exemption, 140
Species Information Partnerships, 12 cetaceans, 17, 20, 27
water efficiency, 152 CITES listing, 40
biodiesel, 85, 99 illegal taking, 52
biodiversity conservation, 29–43, 70–3 surveys, 29
see also threatened species and ecological see also whales
communities cetane testing technology, 99
biological control agents, 42 Chevron Texaco, 10
Biological Diversity Advisory Committee, 27–8, China, 33, 138
75–6 chlorofluorcarbon (CFCs), 113, 115
biosphere reserves, 49 Christinus guentheri, 33
birds, 7–8, 9, 14–15, 18–19 Christmas Island, 36, 59
imports, 53 chytrid fungus, 39
listed marine, 35 Cichlasoma sp hybrid, 41
Index
157
Expert Examiners Register, 145 Fuel Standards Consultative Committee, 87, 88–90
export permits fur seal, 37
hazardous waste, 105–6, 107, 108–9
movable heritage, 139–43, 146–50 G
exports, see trade Galaxias pedderensis, 30
extinct in the wild species, 30 gazetted oil, 123, 130
Geelong–Surfcoast area, 25
F Ginninderra peppercress, 32
farming, see agriculture goats, feral, 38
Federal Chamber of Automotive Industries, 86 Gold Coast Airport, 10
Federal Court of Australia, 52, 54–5 goshawk, 36
Federal Magistrates Court, 55 grasslands, 31
fee income, see finance Great Barrier Reef Marine Park, 9–10, 54
feedstock, 115, 119 Great Barrier Reef Marine Park Authority, 9–10
feral animals, 31–2, 38, 39 Great Sandy Strait, 17
Fiji, 40 great white shark, 37, 40
fin whale, 37 Greater Blue Mountains World Heritage
finance property, 44
hazardous waste fee income, 103 green turtles, 9, 17
movable heritage, 138–9, 144 grey nurse shark, 37
ozone protection, 113, 116–19 guidelines, 16, 20
Product Stewardship for Oil Programme, fuel operability standards, 85–6
123–4, 126–32, 133–4 invasive species, 39
Financial Management and Accountability whale watching, 35
Act 1997, 138 zoo animals, 42
fines, 52 Guidelines for actions by Commonwealth
fire protection industries, 115, 119 agencies and actions on, or impacting upon,
fish species, 24, 27 Commonwealth land, 20
freshwater, 30 Guidelines on the application of the EPBC
live imports, 41 Act to interactions between offshore seismic
recovery plans, 37 operations and larger cetaceans, 20
wildlife trade operations, 55 Gunditjmara people, 45
fishing and fisheries, 21–2, 24, 72–3 Gunns Ltd, 55
prosecutions, 52 Gwydir Wetlands, 52
flatback turtles, 17
flora species, see plant species H
flow controllers, 153 halon, 113, 115, 120
Foden Steam Wagon, 142 Halon Bank, 118
forfeiture of movable heritage, 138 handfish, 37
Forrestdale and Thomsons Lakes, 49 hawksbill turtles, 9
fossils, 138 hazardous waste, 102–9
Index
Fowler Steam Traction Engine, 141 Hazardous Waste (Regulation of Exports and
Fowler Stump Puller, 138 Imports) Act 1989, 102, 103
foxes, 38 heritage management, 11–12, 23, 43–9
freedom of information, 120 controlled action decisions affecting, 7, 9
freshwater fish, 30 movable, 136–50
fuel quality, 84–100 prosecutions, 54
Fuel Quality (Automotive Diesel) Amendment statutory timeframes, 80–1
Determination 2005, 84 heritage strategies, 48
Fuel Quality (Petrol) Amendment Determination High Court appeals, 55
2005, 84 hinges, 139
Fuel Quality Standards Act 2000, 84, 87–8 Hobart, 34
Fuel Quality Standards Regulations 2001, 84 Holden Prototype Car No. 1, 1946, 139
fuel sampling, 99 Holsworthy, 9
159
litigation, see prosecutions and litigation ministerial determinations, 153
Llandilo, 9 ministerial guidelines, 16
local government, 25 MMT, 87
Local Government Waste Oil Collection monitoring and compliance, 19–20, 50–5
Infrastructure Small Grants Programme, 132 biodiversity inventories and surveys, 29
Lockheed 10A Electra aircraft, 141 fuel quality, 99
lubricant oil, 123 hazardous waste, 103–4
movable heritage, 137–8
M Product Stewardship for Oil Programme, 134
M-diesel, 86 water efficiency, 154
McLaren steam Traction Engine, 143 see also audits; permits
Madagascar, 40 Montreal Protocol on Substances the Deplete the
Making economic valuation work for biodiversity Ozone Layer, 112, 113, 119–20
conservation, 28 motor vehicles, 139
Man and Biosphere Programme, 49 emission standards, 86
management plans, 44–5, 46, 47–8, 49 Mount Eccles–Lake Coondah, 45, 46
managing heritage and protecting significant Mount Lofy Ranges, 36
areas, see heritage management movable heritage, 136–50
manufacturing mulgara, 33
ozone depleting substances, 113, 114–15, 116 Myall Creek, 139
water efficiency equipment, 153
Marine and Coastal Committee Taskforce on N
Turtle and Dugong Populations, 34 Nathan Dam, 54
marine debris, impacts of, 39 National biodiversity and climate change action
marine environment, 7, 59, 61 plan 2004–2007, 28
petroleum exploration, 21 National Cultural Heritage Account, 138–9
prosecutions, 54 National Cultural Heritage Committee, 144
surveys, 20, 29 National Cultural Heritage Control List, 136–7
marine species, 24, 27, 34–5 national environmental significance matters, 7–8,
controlled actions affecting, 9, 17 25, 61
inventories and surveys, 29 National Estate, Register of, 43
recovery plans, 37 National Farmers Federation, 26
see also fish species; turtles; whales National Gallery of Australia, 48
Marshall Class C Oil Tractor, 139 National Halon Bank, 118
Marshall Road Locomotive, 138 National Heritage List, 43, 45–6
Mawson’s Huts, 45, 48 national heritage system, see heritage
‘Measures for a Better Environment’ package, 122 management
media campaigns, 132 national interest grounds, exemptions on, 10
Mees, Dr Paul, 54–5 National Museum of Australia, 139
Melbourne, 44, 45 National Shark Recovery Group, 37
memorandums of understanding (MOUs), 33–4 National Turtle Recovery Group, 37
Index
methyl bromide, 113, 115, 116–17, 118, 119 natural gas, compressed, 87
Beijing Amendment, 120 Natural Heritage Trust, 29, 35, 41, 42, 49
methyl chloroform, 113, 115 Natural Resource Management Ministerial
methylcyclopentadienyl manganese tricarbonyl, 87 Council, 32, 34
migratory species, 27, 33–4 natural resource management planning, 28
controlled actions affecting, 7, 54, 61 New South Wales, 11, 25, 26
inventories and surveys, 29 Barkindji Biosphere Reserve, 49
wildlife conservation plans, 39 Commonwealth heritage places, 47
military training areas, 18–19 Commonwealth land, western Sydney, 9
military training exercises, 8–9, 21 national heritage places, 45, 46
mineral sands mining, 14–15 oil product stewardship, 132, 133
mining, 14–15, 20 prosecutions, 52
minister, emergency heritage listings by, 45–6, 47 Ramsar wetlands, 49
161
Product Grants and Benefits Administration rainforest trees, 36
Act 2000, 124 Ramsar wetlands, see wetlands
Product Stewardship for Oil Programme, 122–34 re-refined base oil, 123, 124–5, 130, 133
Product Stewardship (Oil) Act 2000, 122, 124–5, reasons, see statements of reasons
134 reconsiderations of decisions, 13, 15, 58
Product Stewardship (Oil) (Consequential recovery plans, 36–8
Amendments) Act 2000, 124 recycling oil, 122–34
Product Stewardship (Oil) Regulations 2000, 124 referrals, 13–15, 57–60
prosecutions and litigation, 52–4 to DPP, 50, 52, 99
DPP referrals, 50, 52, 99 public comments received on, 23
movable heritage, 138 resulting from compliance actions, 51
protected areas, see heritage management refrigeration, 113, 114, 115, 118, 119
protecting environment and heritage, 7–28, 57–69 regional risk assessment project, 25
Protection of Movable Cultural Heritage Act Register of Critical Habitat, 32
1986, 136, 137, 138 Register of Expert Examiners, 145
psittacine circoviral disease, 39 Register of the National Estate, 43
public awareness, 22–4, 132 registration
see also publications; web site; workshops oil recyclers, 126
and presentations water efficiency (WELS) equipment, 153
public environment reports, 62, 66, 67, 78–9 Regulations, see legislation
Cocos (Keeling Islands), 23 remnant vegetation communities,
publications, 24, 74 western Sydney, 9
Biological Diversity Advisory Committee, 28 reporting, 56
fuel quality, 86, 87, 100 reptiles, 33
hazardous waste exports and imports, 104 Republic of Indonesia, 33
heritage strategies guide, 48 Republic of Korea–Australia Migratory Bird
wildlife trade, 42 Agreement, 33
pulp mills, 55 requests for advice, 9–10, 63
research priorities, cetaceans, 35
Q review of decisions, 54–5
see also Administrative Appeals Tribunal
quarantine use of methyl bromide, 115, 119, 120 risk assessment project, 25
Queensland, 11, 25 root-rot disease, 38
airports, 9, 10 Royal Exhibition Building, Melbourne, 44, 45
Commonwealth heritage places, 47
kangaroo management plan, 41 S
Millmerran to Middle Ridge transmission line, 55
Scoresby Freeway, 55
Nathan Dam proposal, 54
sea dumping permits, 10
national heritage places, 45, 46
sea lions, 37
oil product stewardship, 132, 133
sea turtles, see turtles
prosecutions, 52
seabirds, see birds
referrals and referral decisions, 13, 59
seals, 37
Shoalwater Bay, 8–9
Index
163
tramp ant species, 39 waste, 102–9, 122–34
Transitional Assistance Grants Programme, 124, water efficiency (WELS), 152–4
130–1, 133–4 Water Efficiency Labelling and Standards Act
Transpacific Industries Pty Ltd, 133 2005, 152
treaties, see international conventions and Water Efficiency Labelling and Standards
agreements Determination 2005, 153
tuna, 55 Water Efficiency Labelling and Standards
turtles, 24 Regulations 2005, 153
controlled actions affecting, 9, 17 web site, 22–4, 26, 56
Indian Ocean, 33 West Island, 23
Indigenous harvest, 34
Western Australia, 11, 25
recovery plan, 37
Barrow Island, 10
Tyrenadarra, 45
cane toads, 32
U kangaroo management plan, 41
mineral sands mine, Cataby region, 14–15
Uluru-Kata Tjuta National Park, 33, 54
oil product stewardship, 132, 133
United Kingdom, 40
Ramsar wetlands, 49
United Nations Educational, Scientific and
referrals and referral decisions, 59
Cultural Organisation (UNESCO), 49
Convention on the Means of Prohibiting threatened species, 12, 27, 36
and Preventing the Illicit Import, Export and World Heritage properties, 44
Transfer of Ownership of Cultural Property, 145 western Sydney, 9
United Nations Environment Programme, 102 Wet Tropics Regional Agreement, 12
United Nations Framework on Climate Change, Wet Tropics World Heritage Area, 8, 44
112, 113 wetlands, 49
United States, 8 controlled action decisions affecting, 7, 17:
unleaded petrol sulfur levels, 86 adverse impacts addressed, 61
urban development, 20 prosecution for illegal clearing, 52
urinal equipment, 153 whale shark, 37
used electronic equipment, 103 whales, 17, 27, 35–6, 71
used substances licences, 113, 114, 115, 116 offshore seismic operations guidelines, 20
surveys and monitoring, 29, 35
V Wilderness Society, 55
vegetation, see plant species wildlife conservation plans, 39
vehicles, 139, 142 wildlife management plans, 41
emission standards, 86 wildlife trade, see international movement and
Victoria, 11, 25, 26, 49 wildlife
Barkindji Biosphere Reserve, 49 wildlife trade permits, 41–2
Commonwealth heritage places, 47 Willandra Lakes, 44, 45
ecological communities, 31 wind farms, 20
live bird seizures, 53 Wollemi pine, 37–8
national heritage places, 45, 46
Index
woodlands, 31
oil product stewardship, 132 workshops and presentations, 25, 28, 31, 40–1
referrals and referral decisions, 59
fuel quality, 85–6
Scoresby Freeway, 55
whale disentanglement, 35
threatened species, 12, 36
World Heritage, 11–12, 44–5
water efficiency, 152
World Heritage listings, 44 controlled action decisions affecting, 7–8:
Vienna Convention for the Protection of the adverse impacts addressed, 61
Ozone Layer, 112, 119 prosecutions, 52
voluntary audit program, 20 reviews of decisions, 54
WWF Australia, 26
W
wardens, 54 Z
washing machines, 153 zoo animals, 42