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Legislation annual reports

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.

What this volume contains


This volume contains seven annual reports about the following legislation:
• the Environment Protection and Biodiversity Conservation Act 1999
• the Fuel Quality Standards Act 2000
• the Hazardous Waste (Regulation of Exports and Imports) Act 1989
• the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
• the Product Stewardship (Oil) Act 2000
• the Protection of Movable Cultural Heritage Act 1986
• the Water Efficiency Labelling and Standards Act 2005

What this volume does not contain


Annual reports about the following legislation administered by the department are
provided to the parliament separately:
• the Natural Heritage Trust of Australia Act 1997
• the Environment Protection (Alligator Rivers Region) Act 1978 (the Supervising
Scientist’s annual report)
• the National Environment Protection Council Act 1994
• the Wet Tropics of Queensland World Heritage Area Conservation Act 1994.

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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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Environment protection
Environment protection

Contents
Introduction ............................................................................................................ 4

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

1. Protecting environment and heritage..................................................... 7


1.1 Focusing on matters of national environmental significance ............................ 7
1.2 Proposals involving Commonwealth land and/or actions ................................. 8
Actions by the Australian Government and actions on Commonwealth land .. 8
Advice on authorising actions ............................................................................ 9
Exemptions ....................................................................................................... 10
1.3 Increasing intergovernmental cooperation ...................................................... 10
Bilateral agreements.......................................................................................... 10
Heritage management ....................................................................................... 11
Species Information Partnerships ..................................................................... 12
1.4 Providing an efficient, timely and effective assessment and approval process .. 13
Referrals ............................................................................................................ 13
Assessment of controlled actions .................................................................... 16
Approvals .......................................................................................................... 18
Post referral and approval verification, monitoring and auditing ................... 19
Review of the Administrative Guidelines on Significance ............................... 20
Strategic assessments ........................................................................................ 21
1.5 Transparency and public awareness ................................................................. 22
Increasing stakeholder and public awareness ................................................. 22
Enhancing community participation ................................................................ 25
EPBC Unit .......................................................................................................... 26
National Farmers’ Federation EPBC Act Information Officer .......................... 26
Consultation registers........................................................................................ 27
Advisory committees ......................................................................................... 27

2. Conserving biodiversity ............................................................................ 29


2.1 Identifying and monitoring biodiversity .......................................................... 29
2.2 Protecting species and ecological communities .............................................. 29
Listed threatened species and ecological communities ................................... 29
Migratory species .............................................................................................. 33

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Listed marine species ........................................................................................ 34
Whales and other cetaceans ............................................................................. 35
Recovery plans and threat abatement plans—section 284 report ................... 36
Wildlife conservation plans—section 298 report ............................................. 39
2.3 International movement of wildlife .................................................................. 39
CITES activities .................................................................................................. 40
Sustainable wildlife industries .......................................................................... 41
Wildlife trade permits and programmes ........................................................... 41
2.4 Conservation agreements ................................................................................. 42

3. Managing heritage and protecting significant areas ........................ 43


Listing and managing heritage places in Australia ........................................... 43
World Heritage .................................................................................................. 44
National heritage ............................................................................................... 45
Commonwealth heritage .................................................................................. 46
Wetlands of international importance .............................................................. 49
Biosphere reserves ............................................................................................ 49
4. Monitoring and compliance .................................................................... 50
Overview ........................................................................................................... 50
Monitoring and compliance activities under Part 3 ......................................... 51
Prosecutions under the EPBC Act ..................................................................... 52
Review of EPBC Act decisions ......................................................................... 54
5. Reporting ....................................................................................................... 56
State of the Environment reporting .................................................................. 56
Section 516A reporting...................................................................................... 56

Appendix 1 – Statistics on the operation of the Act during 2004–05................... 57

Appendix 2 – EPBC Act related publications during 2004–05............................. 74

Appendix 3 – Functions and membership of advisory committees under the Act.. 75

Appendix 4 – Compliance with timeframes—section 518 report ....................... 78

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Operation of the Environment Protection


and Biodiversity Conservation Act 1999

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.

4 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
During 2004–05 the Department of the Environment and Heritage received 360
referrals. It was decided that 67 of these referrals (63 after reconsideration) were
controlled actions requiring assessment and approval under the EPBC Act, and that
a further 41 actions (44 after reconsideration) could proceed without approval if
taken in a particular manner. Decisions on the level of assessment required were
made for 38 actions, with 25 actions to be assessed by preliminary documentation,
two by public environment report, four by an environmental impact statement and
seven through an accredited state or territory process. A further 10 assessments
were commenced under bilateral agreements. Thirty-eight assessments were
completed during 2004–05, with 76 proposals under assessment at 30 June 2005.
During the year the department also received seven requests for advice under
section 160 of the EPBC Act from Australian Government decision-makers.1
Following assessment 26 actions were approved with conditions attached to the
approvals designed to provide protection for matters of national significance and
the environment. Advice was provided under section 160 of the EPBC Act on six
occasions. Overall the statutory timeframes for referral, assessment and approval
decisions and actions were met on 83 per cent of occasions, a slight decrease
overall from previous years. This is indicative of the time required for decision-
making on an increasing number of complex and sensitive proposed actions, and
the increasing work resulting from actions referred in previous years now entering
the approvals phase.
The new heritage system under the EPBC Act came into force on 1 January 2004,
and 2004–05 was its first full year of operation. The new system provides for the
establishment of the National Heritage List and the addition of national heritage
values to the matters of national environmental significance. It also provides for
the protection of Australian Government owned or managed heritage places,
including by establishing the Commonwealth Heritage List and obliging Australian
Government agencies, including the department, to develop heritage strategies and
management plans to protect heritage places for which they have responsibility.
As at 30 June 2005 11 places had been included in the National Heritage List and
337 on the Commonwealth Heritage List.
The department’s Environment Investigations Unit completed its first full year of
operation in 2004–05, significantly enhancing the department’s compliance and
enforcement capabilities. The unit provides specialised investigative skills, thus
improving the department’s capacity to carry out higher-level law enforcement,
including formal investigation and prosecution of possible offences under the
EPBC Act. In November 2004 the department co-hosted the first Australasian
Environmental Law Enforcement Conference in Melbourne, at which the Australasian
Environmental Law Enforcement and Regulators Network was launched.

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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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
1. Protecting environment and heritage

1.1 Focusing on matters of national environmental significance


An important means of protecting matters of national environmental significance is
through identifying them as controlling provisions for actions that are likely to have
significant environmental impacts and therefore require assessment and approval
under the EPBC Act. Provisions of the EPBC Act also require certain actions to be
undertaken in a particular manner to avoid adverse impacts on matters of national
environmental significance. During the year 193 matters of national environmental
significance, and the environment generally in relation to proposals involving
Commonwealth land or agencies, were protected through these processes
(see Table 5, Appendix 1 of this report).
In 2004–05 the most frequent controlling provision was again listed threatened
species and ecological communities, followed by listed migratory species.
Listed threatened species and ecological communities were determined to be
a controlling provision for 58 proposed actions, or 92 per cent of all actions
determined to require approval. Listed migratory species were also determined to
be a controlling provision for 25 of these proposals.
There were 13 controlled action decisions where the ecological character of a
Ramsar wetland was the matter protected, and eight proposed actions where
World Heritage values were determined to be a controlling provision. In the first
full year of operation of the new national heritage provisions, no proposed actions
were determined to require approval due to likely significant impacts on national
heritage values, although five proposals were referred where impacts on national
heritage values were possible. There were five controlled action decisions where
the controlling provision was the Commonwealth marine environment; these were
predominantly projects relating to petroleum exploration and development. No
nuclear actions were proposed during the year.
More than one matter protected under Part 3 of the EPBC Act was determined to be
a controlling provision for 33 of the 63 proposals determined to require approval.
These actions typically involved potential impacts on species listed as both
threatened and migratory, or listed species found in or near the Commonwealth
marine environment, World Heritage properties or Ramsar wetlands. For example,
a proposal to develop a tourist and residential estate at South Mission Beach
in Queensland was determined to be a controlled action under both the World
Heritage and the listed threatened species and communities provisions of the EPBC
Act. This was due, in particular, to potential impacts on the southern cassowary,
listed as endangered under the EPBC Act, and impacts on the World Heritage

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values of the adjacent Wet Tropics World Heritage


Area, for which the southern cassowary is also a
listed value.
A total of 26 actions were approved in 2004–05
with a range of conditions to ensure that matters
of national environmental significance and the
environment were protected. Two proposals were
approved without conditions. At 30 June 2005
76 actions affecting matters protected by the EPBC
Act were undergoing assessment; that is, a decision
had been made on the assessment approach but the
assessment was still to be completed. These ongoing
assessments include 15 assessments conducted
Southern cassowary under bilateral agreements and 31 assessments
Photo: Wet Tropics Management conducted under state or territory processes that
Authority, Queensland.
have been accredited on a case-by-case basis.
Table 6 in Appendix 1 of this report lists the types and number of assessment
approaches used during 2004–05.
The focus of the EPBC Act on protecting matters of national environmental
significance continues to positively influence the way in which developers design
projects, utilising best practice methods and measures in order to minimise
potential impacts on these protected matters, thereby avoiding or minimising the
need for assessment and approval under the EPBC Act.

1.2 Proposals involving Commonwealth land and/or actions

Actions by the Australian Government and actions on


Commonwealth land
In 2004–05 six actions were determined to require approval under the EPBC Act
because of likely significant impacts on the environment on Commonwealth land,
and a further four actions by Australian Government agencies were determined to
be controlled actions.
One of these actions was an Australian Government Department of Defence
proposal to conduct the Talisman Saber 2005 major military exercise. This action
involved Australian and US forces in a range of military training activities that
included aircraft operations, naval manoeuvres, amphibious landings, field
training, live fire activities, and engineering works. The action was approved
subject to specified conditions and took place in June 2005 at several locations
across northern Australia, including on Commonwealth land at Shoalwater Bay

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in Queensland. The approval included an agreement that an audit would be
conducted on the implementation of the Shoalwater Bay Training Area Strategic
Plan (1996) by November 2005. The department anticipates that this audit will
play an important role in setting the scene for the strategic assessment of Defence
activities and facilitate the assessment of future major exercises.
Actions by the Australian Government or actions on Commonwealth land can also
require approval because of potential impacts on matters of national environmental
significance. An action for which both Commonwealth land and a number of
matters of national environmental significance were found to be controlling
provisions is the proposal to replace a ferry service in the Cocos (Keeling) Islands
with a new hovercraft operation. The proposal has the potential to impact on
heritage-listed buildings on Home Island, green and hawksbill turtles, and the
endangered buff-banded rail. The assessment of this proposal continued in 2004–05,
with the department to complete an assessment report for the proposal shortly.
The department also published a review of the conservation values of
Commonwealth land in western Sydney. This review identified four properties that
contained areas of high conservation value that warrant further protection. The
four properties are at Llandilo, Ingleburn, Orchard Hills and Holsworthy. They all
contain important remnants of vegetation communities once widespread on the
Cumberland Plain. These diverse and relatively large areas of remnant vegetation
provide important habitat at the regional and national scale for native flora and
fauna. The department is currently negotiating with the Australian Government
managers of these properties, Airservices Australia and Defence, to ensure that
future development of such land is compatible with good conservation practice.

Advice on authorising actions


Section 160 of the EPBC Act requires Australian Government agencies, or
employees of the Australian Government, to obtain and consider advice from
the Minister for the Environment and Heritage in relation to authorisation for
specified actions, where those actions are likely to have a significant impact on the
environment. Actions on which advice has been sought have included providing
foreign aid, managing aircraft operations in airspace, and implementing major
development plans for a number of airports.
During 2004–05 advice was sought under section 160 on seven occasions (see
Table 8, Appendix 1 of this report). These projects included major development
plans for the Parafield, Brisbane and Gold Coast airports, which involved
proposals for urban and commercial development, runway modifications, and
a road bypass. Advice was also sought from the Great Barrier Reef Marine Park
Authority regarding a permit to dredge the departure path of the Port of Hay Point,

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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.

1.3 Increasing intergovernmental cooperation

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.

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Environment protection
In 2004–05 a bilateral agreement with Queensland was completed. Bilateral
agreements accrediting specified state and territory assessment processes are now
in place with Tasmania, the Northern Territory, Western Australia and Queensland.
Such agreements ensure that proponents and the public need only deal with a
single assessment process, but with Australian Government scrutiny maintained
through the Minister for the Environment and Heritage still being required to grant
approval and set conditions for the project. During the year 16 projects had been
or were being assessed under a bilateral agreement.
The Australian Government is currently in discussions with New South Wales
and Victoria to develop bilateral agreements with those states. The Australian
Capital Territory has advised that amendments to relevant legislation will need to
be completed prior to further consideration of a bilateral agreement, and South
Australia is assessing whether to pursue the development of such an agreement.
In the absence of a bilateral agreement, the duplication of Australian Government
and state or territory assessment processes continues to be significantly reduced
through the use of case-by-case accreditation and coordinated assessments.
Accredited assessments meet at least those standards that would be required under
a bilateral agreement. During the year 39 projects had been or were being assessed
under state or territory processes accredited on a case-by-case basis.
Bilateral agreements and case-by-case accreditations provide for a more
efficient, timely and effective environmental assessment process. Proponents
are required to prepare and submit only one set of assessment documentation,
with the transparency of the process maintained through comprehensive public
consultation requirements.

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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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.

Species Information Partnerships


The department, in association with the Threatened Species Scientific Committee,
continued to work towards improving both consistency between Australian
Government, state and territory threatened species lists, and the exchange of
information to support the listing and recovery of threatened species.
During 2004–05 the Australian Government and the South Australian, Victorian,
Tasmanian and New South Wales governments discussed arrangements to
exchange species information through Species Information Partnerships. The
Western Australian and Northern Territory governments provided information
on endemic species as part of finalised partnership agreements. Many of these
endemic species were assessed by the Threatened Species Scientific Committee for
eligibility for listing as threatened under the EPBC Act.
To continue building on the Species Information Partnership formed with the
Northern Territory Government, the committee met with representatives from
the Northern Territory Parks and Wildlife Service and other stakeholders in Alice
Springs in June 2005 to discuss threatened species conservation.
Species Information Partnerships reduce duplication, allow for more targeted
expenditure of limited conservation resources, and facilitate the best possible
conservation outcomes for threatened species.

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1.4 Providing an efficient, timely and effective assessment
and approval process

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.

Profile of actions referred under the EPBC Act


As for the previous year the largest number of referrals came from Queensland,
which continues to have the highest number of controlled action decisions. These
figures reflect the pattern of development along the Queensland coast, potentially
impacting on the Great Barrier Reef and Wet Tropics World Heritage properties
and a number of Ramsar wetlands. Table 3 in Appendix 1 of this report lists the
numbers of referrals and decisions made by jurisdiction during 2004–05.
Activity categories for which a relatively large number of referrals were received
in 2004–05 include new urban and commercial development; energy generation
and supply; exploration activities (including on- and off-shore mineral, oil and gas
exploration); tourism, recreation and conservation management; and mining.
Table 4 in Appendix 1 of this report lists the numbers of referrals and decisions
made by activity category during 2004–05.

Statutory timeframes performance (referrals)


The timeframe for deciding whether an action requires approval is 20 business
days, including a 10-day public comment period. During the year there were
37 late decisions on referrals, or 11 per cent of the total number. This compares
with 40 late decisions in 2003–04 (14 per cent of the total referral decisions for that
year). The average number of business days late for referral decisions in 2004–05 was
1.6 days, compared to an average of 2.5 since the commencement of the EPBC Act.
Where the statutory timeframe was not met, this was due to the increasing number
of detailed and complex projects being referred. There was also the need to seek
legal advice in some cases, and to deal with complexities arising from amendments
made to the EPBC Act on 23 September 2003, in relation to referrals that form a
component of a larger action, penalty provisions applicable to particular manner

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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.

Decision trends—particular manners decisions


The EPBC Act provides for the minister to decide that a referred proposal is not a
controlled action provided it will be taken in a particular or ‘specified’ manner. This
provision may be used when there is clear evidence that a particular mitigation or
avoidance measure will be employed to avoid significant impacts. Under section
77A of the EPBC Act penalties apply to breaches of particular manner decisions.
A total of 41 referrals (44 after reconsideration) during 2004–05 were decided to
be not-controlled actions provided they were carried out in a particular manner.
Projects that are decided to be not-controlled actions provided they are carried
out in a particular manner are often specifically designed to minimise or eliminate
adverse impacts on matters of national environmental significance.
The department actively encourages proponents through its education activities
to design projects and activities in ways that avoid impacts on matters of national
environmental significance. The use of the particular manner decision allows the
minister to ‘lock in’ these design approaches. The department believes that the use
of the particular manner decision is an effective way of promoting and supporting
a shift to better environmental practices by key industries.

Case study

Using the particular manner decision to deliver better environmental outcomes


with a streamlined process—Iluka Resources Mineral Sands Mine, Western
Australia
Iluka Resources Ltd proposed to construct and operate a mineral sands mine
in the Cataby region of Western Australia, along the Brand Highway. The
department was concerned about the potential loss of known habitat for the
Carnaby’s cockatoo, a listed endangered species under the EPBC Act. As part
of its referral documentation the company provided a report on the cockatoo
usage of the area, including the area’s likely significance for breeding and
feeding and the potential for increased habitat fragmentation as a result of the
company’s proposal.

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On the basis of this report, and through extensive consultation with relevant
stakeholders (including the Carnaby’s Cockatoo Recovery Team, Birds
Australia, the Dandaragan Shire Council, and state agencies such as the WA
Department of Conservation and Land Management and the WA Department of
Environment), the company then developed a detailed management plan that
identified the likely impacts of its activity on the listed species, and outlined
a range of avoidance, mitigation and management measures to minimise
possible impacts.
These measures included using buffer zones; suspending mining adjacent
to nest areas during the breeding season; relocating two known nest trees;
salvaging suitable natural hollows and providing artificial hollows; controlling
competitors (honey bees, galahs, corellas and wood ducks); developing a
detailed revegetation plan coupled with a conservation covenant on restored
and rehabilitated areas post-mining; and continuing consultation with key
stakeholders.
It was determined that the proposal was not a controlled action provided
it was taken in a particular manner that required full implementation of the
comprehensive management plan. The company welcomed the particular
manner decision as recognition of the substantial work undertaken to identify
and adequately manage the potential for impacts on the Carnaby’s cockatoo. The
work also improved understanding of this listed species’ distribution in the area
and will enable an analysis over time of the mitigation measures’ effectiveness.

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.

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Assessment of controlled actions


The assessment of potential environmental impacts from proposed actions utilises
the best available science, with comment and analysis sought from relevant
experts within the department, other Australian Government or state and territory
government agencies and, when necessary, external scientific institutions and
organisations.
The EPBC Act provides a range of assessment approaches to ensure that an
environmental assessment reflects the nature of the proposed action, the adequacy
of information already available, the degree of public interest and the nature and
scale of the likely impacts. Decisions on the level of assessment for controlled
actions during 2004–05 are summarised in Table 6, Appendix 1 of this report.
During 2004–05 the department completed 29 assessments following finalisation of
relevant documentation by the proponent, 24 by preliminary documentation. Nine
assessments were completed under an accredited process or a bilateral agreement.
A further 76 assessments were in progress at 30 June 2005.

Statutory timeframes performance (assessments)


Eight out of 38 decisions on assessment approach were made outside the statutory
timeframe in 2004–05, or 21 per cent of the total number. Factors contributing to
late decisions included the requirement for additional assurances from states and
territories that accredited assessment processes would meet Australian Government
requirements and the need to clarify and consult on information in preliminary
documentation.
The EPBC Act requires the minister to prepare written guidelines for the content
of public environment reports and environmental impact statements within 20-
days. During 2004–05 guidelines were prepared for two environmental impact
statements, both within 20 days. Guidelines were prepared for three public
environment reports, with one particularly complex case taking longer than the
statutory timeframe.
Once the minister has accepted final preliminary documentation, a finalised public
environment report or a finalised environmental impact statement the secretary
must prepare an assessment report for the minister within 20-days. During 2004–05
there were 12 late assessment reports out of 24 for assessments by preliminary
documentation, one out of two for assessment by public environment report and
one out of three for an assessment by environmental impact statement. Delays
in these cases most commonly resulted from the need to adequately consider
complex technical issues raised by the assessment process and the need to seek
further detailed information from the proponent.

16 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Case study

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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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.

Statutory timeframes performance (approvals)


Twelve out of 28 approval decisions were made outside the statutory timeframe
in 2004–05, or 43 per cent of the total number. These delays were due to the
complexities of the issues under consideration and included the resolution
of social and economic issues. Other factors contributing to delays included
complex condition setting and the need to acquire up-to-date information on
the distribution and population size of listed threatened species. The need for
additional consultation with proponents and with state and territory governments,
and discussions with other Australian Government agencies, also provided
challenges to meeting the statutory timeframes for approval decisions.

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

18 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
rocks. Erosion gullies and minor creek lines are to be re-contoured to minimise
hazards to parachutists.
The squatter pigeon (southern), listed as vulnerable under the EPBC Act, may
be potentially impacted by the proposed action. However, trees are not a vital
habitat element for this species as it forages and nests on the ground. The
existing grassy understorey is to be retained on the parachute drop zone and is
likely to continue to provide suitable foraging habitat for the species.
Three sites of local Indigenous heritage significance have been identified
within or near the proposed drop zone. The archaeological remains at the
three sites have a high level of Indigenous cultural heritage significance, and
two isolated stone artefacts located within the proposed drop zone were
relocated outside the drop zone boundary under guidance from traditional
owners.
The Townsville Field Training Area Parachute Drop Zone was approved under
the EPBC Act with conditions on 5 April 2005. Approval conditions aim to
minimise the environmental impacts of establishing the drop zone and include
such measures as installing permanent erosion and sediment control measures
in all drainage lines; revegetation works using local grass species; identifying
and controlling weed species; providing protection for cultural heritage sites
through the designation of ‘no go’ areas on maps and construction diagrams;
and establishing buffer zones along drainage lines and Keelbottom Creek. The
approval decision provides strong measures for protecting the environment on
Commonwealth land, including Indigenous heritage and the squatter pigeon,
while allowing Defence training activities to go ahead.

Post referral and approval verification, monitoring and auditing


Monitoring and auditing enable the department to verify compliance by
proponents with conditions of approval (or particular manner decisions), and
to ensure that the department remains engaged in protecting matters of national
environmental significance beyond the completion of the formal approval process.
The department has established a database to monitor compliance with approval
and particular manner decisions. Checks to ensure approval and particular manner
conditions are being met are now being successfully undertaken. These checks
have exposed a number of non-conformities, which are being addressed.
The department commissioned a consultant—Australian Quality Assurance and
Superintendence Pty Ltd (AQUAS)—to develop a strategy and manual to assist

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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.

Review of the Administrative Guidelines on Significance


The Administrative Guidelines on Significance provide guidance on actions that
should be referred to the Australian Government Minister for the Environment
and Heritage for a decision on whether assessment and approval are required
under the EPBC Act. The review of the guidelines, involving public comment and
interviews with a range of stakeholders, was nearing completion in June 2005.
New and revised guidelines will form part of a new framework of EPBC Act policy
statements aimed at providing the best possible guidance to stakeholders.
In response to requests, and the recommendations of the Australian National Audit
Office Performance Audit of Referrals, Assessments and Approvals under the EPBC
Act, the department has developed new Guidelines for actions by Commonwealth
agencies and actions on, or impacting upon, Commonwealth land. New industry
sector guidelines are also being developed, providing more detailed guidance for
the aquaculture, agriculture (land-clearing), wind farm and urban development
sectors. New and revised guidelines will be released for public comment and trial
use before final revision and publication.

20 Department of the Environment and Heritage Legislation Reports 2004–05


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Strategic assessments
Environmental management processes, procedures and systems governing
the conduct of major military training exercises
On 8 August 2004 the Minister for the Environment and Heritage agreed to a
request by the Minister for Defence, Senator the Hon Robert Hill, to conduct
a strategic assessment under the EPBC Act of the Department of Defence’s
environmental management processes, procedures and systems governing the
conduct of major military training exercises.
The public was invited to comment on the draft terms of reference for the strategic
assessment of major military exercises in March–April 2005. The Department of
Defence will suggest changes to the terms of reference and, with the agreement of
the Environment and Defence Ministers, the terms of reference will be finalised. The
Department of Defence will then prepare a report that addresses how environmental
impacts associated with major military exercises are to be managed. The report will
be released for public comment before it is considered by the minister.
A strategic assessment of Defence exercises is unprecedented internationally. The
expected benefit is that it will provide a more efficient process under the EPBC Act
for considering the environmental impacts of major military exercises.

Offshore petroleum exploration and appraisal activities in Commonwealth


waters
A strategic assessment is being undertaken that describes the offshore petroleum
exploration and appraisal activities undertaken in Commonwealth waters, and
assesses the likely environmental, social and economic impacts of these activities.
The draft assessment prepared by the Department of Industry, Tourism and Resources
(DITR) was made available for public comment in February–March 2005. DITR is
currently finalising the assessment, taking into account the comments received.

Sustainable fisheries assessments


Under the EPBC Act, the Department of the Environment and Heritage assesses
the environmental performance of fisheries management arrangements to ensure
that fisheries are managed in an ecologically sustainable way and to identify areas
for improvement. All fisheries with an export component, including state-managed
fisheries, are required to undergo assessment before 1 December 2005. A total of
129 fisheries have been identified for assessment and during 2004–05 a substantial
effort was devoted to completing 50 comprehensive fishery assessments, with the
outcomes published in detailed reports on the department’s web site (see Table 11,
Appendix 1 for details). This brings the total of completed assessments to 88.
A further 24 fisheries were under active assessment at the end of 2004–05.

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Environment protection

These assessments involve a broad range of recommendations that require


Australian Government, state and territory fishery management agencies to
demonstrate improved environmental performance, and actively enhance the
ecologically sustainable management of fisheries in the short to medium term.
As a result of these assessments, fisheries management agencies are demonstrating
an increased commitment to ecologically sustainable fisheries management
practices, such as spatial management, enhanced research and data collection
processes, cross-jurisdictional management approaches, harvest strategies for
target and by-product species, mitigation and monitoring of protected species
interactions, the development of enhanced reference points and performance
measures for both target and non-target species, and enhancements to compliance
systems and measures to better enforce management arrangements and address
illegal harvesting.
During 2004–05 41 fisheries had their assessment deadline extended until 1
December 2005 due to their particular management arrangements. Priority will
be given to completing these assessments. Another priority will be to develop, in
consultation with Australian Government, state and territory fisheries management
agencies, a re-assessment process for the next round of fishery assessments due to
commence in 2006.
In 2004–05 11 statements of reasons were provided in respect of decisions made
concerning the assessment of fisheries under the EPBC Act. These statements of
reasons related to decisions concerning five Commonwealth managed fisheries,
eight state or Northern Territory managed fisheries, and product taken from high
seas fisheries.

1.5 Transparency and public awareness

Increasing stakeholder and public awareness


The EPBC Act web site (www.deh.gov.au/epbc/index.html) continues to play a
vital role in increasing stakeholder and public awareness of the Act. During
2004–05 the site was upgraded in response to public feedback, and now includes
streamlined access to frequently used components, as well as news highlights. The
site continues to facilitate community involvement by publishing EPBC Act-related
public notices and invitations to comment. Each week the web site lists all permits
issued or granted and all matters from the previous week required by the Act to be
made available to the public.

22 Department of the Environment and Heritage Legislation Reports 2004–05


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Referrals, assessments and approvals
Referral documentation and all principal decisions in relation to referrals,
assessments and approvals are posted on the site. Invitations to comment are
posted with referral documentation. During 2004–05 public comments were
received on 92 referrals. The EPBC Act Protected Matters Search Tool is also
available through the site, or directly at www.deh.gov.au/erin/ert/epbc/index.html.
The draft public environment report for a proposal to replace a ferry service in
the Cocos (Keeling) Islands with a new hovercraft operation was published for
public comment in May 2005. In order to overcome possible language and literacy
obstacles, public meetings were held on Home Island and West Island, with the
assistance of interpreters, during the public comment period to ensure that the
local community had the opportunity to participate in the consultation process.

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.

Listed threatened species and ecological communities


A major development in making information available to the public was the
launch of the Species Profile and Threats (SPRAT) database on the department’s
web site at www.deh.gov.au/sprat. The SPRAT database stores key biological
and ecological information on threatened species and ecological communities,
migratory species, marine species and species subject to international trade and
commercial use listed under the EPBC Act. It is designed to assist people to make
more accurate decisions about whether their proposed activity may require referral
for approval under the EPBC Act. The database also provides general information
on threatened species and ecological communities’ conservation. There is currently
information available on 400 listed species and new information is added regularly.
An information sheet on how to use SPRAT was produced and distributed to
stakeholders including consultants, state and territory government agencies and
non-government organisations.

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Environment protection

A ‘frequently asked questions’ information guide about the commercially fished


species (southern bluefin tuna, orange roughy, eastern gemfish and school shark),
currently nominated for listing as threatened under the EPBC Act, was produced
and published on the department’s web site at www.deh.gov.au/biodiversity/
threatened/nominations/fish–faq.html. The guide outlines the listing process
and the possible implications for stakeholders, should the species be listed as
threatened.
The department developed a communication strategy with the Australian Fisheries
Management Authority to improve fishers’ reporting of incidental interactions with
EPBC Act protected species such as dolphins, seals, whales and turtles. A protected
species identification guide was developed to assist fishers and the general public
to identify listed species and to encourage reporting of incidental capture.
As in previous years the department continued to publish new nominations of
threatened species, threatened ecological communities and key threatening
processes on the department’s web site and to provide a formal two-month
public comment period. During 2004–05 a page was added to the web site
listing nominations that have been granted extensions to the 12-month statutory
timeframe for consideration by the Threatened Species Scientific Committee. This
has made it easier for interested persons to track the progress of nominations.
Amendments to the lists of threatened species, threatened ecological communities
and key threatening processes, as well as the Threatened Species Scientific
Committee’s advices to the minister, continue to be published on the department’s
web site.
Conservation advice was developed and published on the department’s web site
for species and ecological communities listed in 2004–05. Pending the production
of recovery plans, conservation advice provides guidance to regional planning
processors, community groups, landholders and other stakeholders on recovery
and threat abatement activities that can be undertaken immediately to assist the
conservation and recovery of newly listed species or ecological communities.
Information sheets on listed ecological communities now include this conservation
advice. In relation to turtles and sharks, the department also communicates
recovery actions and key issues to the public through regular newsletters,
distributed via the department’s web site and by members of the National Turtle
and Shark Recovery Groups.

24 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Enhancing community participation
Presentations and workshops
During 2004–05 the department gave increased emphasis to targeted
communications supporting voluntary compliance with EPBC Act requirements.
Key targets included agencies with regulatory and planning responsibilities that
have direct contact with people who may be affected by the EPBC Act. The
department held training sessions for key staff of local governments and Catchment
Management Authorities in Queensland, New South Wales, South Australia and
Victoria. The half-day sessions outlined the ways in which the EPBC Act may affect
these agencies’ clients and how the agencies can facilitate compliance.
This approach has led to closer and more effective cooperation between the
department and local and regional bodies, with many clients now receiving initial
information on the EPBC Act through these agencies. There has also been a
healthy exchange of information and views, allowing the department to adjust its
responses and processes to take account of feedback from people ‘on the ground’.
More than 20 training sessions, attracting between 20 and 40 participants, were
held throughout the eastern states during the year. These were supplemented
with visits to Western Australia and the Northern Territory by staff engaged in the
environmental assessment of particular projects, who took the opportunity to brief
state and local government officials on general EPBC Act requirements and issues.

Regional risk assessment project


One outcome of the closer working relationship with local and regional bodies has
been the development of projects to establish baseline information and develop
an EPBC Act risk analysis for two high growth regions, one in Western Australia
and the other in Victoria. The department is working with local governments
and relevant regional bodies in the Geelong–Surf Coast area in Victoria and
in the region centered on Bunbury in Western Australia to develop a shared
understanding of the risks to matters of national environmental significance arising
from rapid urban development in those areas. These projects aim to produce both
data and advice for planning and regulatory agencies directly involved in those
regions. The projects are pilot projects designed to test the methodology for use in
other areas facing rapid growth over the next decade. Outcomes from the projects
are expected to be available later in 2005.

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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.

National Farmers’ Federation EPBC Act Information Officer


In 2004-2005 the department and the National Farmers’ Federation (NFF) continued
to support the role of the NFF EPBC Act Information Officer in providing advice
and assistance to farmers and rural stakeholders on the EPBC Act. The EPBC Act
Information Officer provides:
• clear, free explanations and advice about the EPBC Act
• assistance with referral, assessment and approval processes
• information products such as guides, fact sheets and web sites
• information and training about the EPBC Act to the NFF and associated
organisations and rural stakeholders
• assistance with consultative processes, such as comments on nominations for
threatened species, ecological communities, key threatening processes, and
recovery plans
• feedback to the NFF and the department about the operation of the EPBC Act in
rural areas.
The EPBC Act Information Officer continued to foster improved relationships
between the department, rural stakeholders, conservation groups, state and
territory agencies, and local governments, and to give EPBC Act presentations to
farmers and rural stakeholders, particularly at the request of state and territory
farming organisations, commodity groups, and state and territory government
agencies in New South Wales, South Australia, Tasmania and Queensland. These
presentations, as well as radio interviews in the field, have greatly contributed to
raising EPBC Act awareness in the farming community.
The department, in collaboration with the EPBC Act Information Officer, continued
to update the web page ‘Farmers and the EPBC Act’. The web page leads farmers
quickly to the information they need to work with the EPBC Act.
See www.deh.gov.au/epbc/farmers.

26 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Consultation registers
Under section 266A of the EPBC Act, a register is maintained for persons or bodies
interested in being invited to submit comments on permit applications relating to
listed threatened species and ecological communities, listed migratory species,
cetaceans and listed marine species. The registration period is 12 months.
At 30 June 2005 15 people were registered.

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.

Biological Diversity Advisory Committee


The Biological Diversity Advisory Committee advises the minister on matters
relating to the conservation and ecologically sustainable use of biological diversity.
The functions, terms of reference and current membership of the committee are
listed in Table 13, Appendix 3 of this report.

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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.

Indigenous Advisory Committee


The Indigenous Advisory Committee normally meets at least twice a year,
sometimes jointly with the Biological Diversity Advisory Committee. Meetings are
rotated around states and regions. In 2004–05 the committee met once, in May
2005 in Canberra.
The committee advises the minister on Indigenous issues under the EPBC Act.
Issues the committee advised on in 2004–05 include:
• Indigenous involvement in the management of World Heritage areas
• Indigenous involvement in the management of Ramsar wetlands
• Indigenous involvement in the management of threatened species and
ecological communities
• the EPBC Regulations under development relating to access to biological
resources in Commonwealth areas
• bilateral agreements between the Australian Government and state and territory
governments concerning environmental impact assessment
• Indigenous involvement in Commonwealth marine areas.
The functions, terms of reference and current membership of the committee are
listed in Table 14, Appendix 3 of this report.

28 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
2. Conserving biodiversity

2.1 Identifying and monitoring biodiversity

Inventories of listed threatened species etc. on Commonwealth land


Under section 172 of the EPBC Act, inventories of listed threatened species and
ecological communities, listed migratory species and listed marine species on
Commonwealth land have been prepared. These inventories identify the presence
and abundance of species and continue to be updated to take account of new
species information as it becomes available. The information is used to inform
decisions under the EPBC Act and to update the Species Profile and Threats
(SPRAT) database.

Surveys of cetaceans, listed threatened species etc. in Commonwealth


marine areas
Section 173 of the EPBC Act requires surveys of cetaceans, listed threatened species
and ecological communities, listed migratory species and listed marine species
in Commonwealth marine areas. During the reporting period, the Australian
Government provided Natural Heritage Trust funding to 12 projects which included
surveys of cetaceans, including blue, southern right, humpback and sperm whales
and other small cetaceans. The information is used to inform decisions under the
EPBC Act and to update the Species Profile and Threats (SPRAT) database.

2.2 Protecting species and ecological communities

Listed threatened species and ecological communities


During 2004–05 the Threatened Species Scientific Committee continued to advise
the minister on amending and updating the lists of threatened species, threatened
ecological communities and key threatening processes; and on making or adopting
recovery plans and threat abatement plans.

Listing process for species


There were 23 public nominations received under the EPBC Act for species during
2004–05. The minister made decisions on advice from the Threatened Species
Scientific Committee in regard to 30 species nominations, including a number of
nominations received prior to July 2004, resulting in 25 amendments to the list of
threatened species (see Table 9, Appendix 1 of this report).

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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.

Listing process for ecological communities


In addressing the inherent complexity of adequately identifying and defining
broad-extent ecological communities, the approach to listing ecological
communities has been refined. The new approach more clearly defines the extent
and value of ecological communities. Traditionally, ecological communities
listed under the EPBC Act have been defined in such a way that a wide range of
condition classes are encompassed, from good to poor condition. Under the new
approach, developed by the Threatened Species Scientific Committee and agreed
to in-principle by the minister, condition classes are used to clearly define the
listed ecological community. While legislative protection is afforded to the listed
ecological community, recognition is also given to those components that are
degraded, but which could be recovered or which help conserve key ecological
functions. These degraded components are identified as suitable for natural
resource management investments such as the Natural Heritage Trust.
As at 30 June 2005 the Threatened Species Scientific Committee was considering 31
nominations to list ecological communities, and working through the assessment of
over 600 threatened ecological communities listed under relevant state and territory
legislation. To ensure that all ecological community listings are scientifically sound,

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Environment protection
the assessment of nominations includes extensive research, public consultation and
receiving the views of relevant experts. Six technical workshops involving experts
and Australian Government and state officials were held during the year to assist in
identifying the status of nominated ecological communities and to define condition
classes. Technical workshops were held for yellow box–red gum grassy woodland,
the irongrass natural temperate grassland of South Australia, peppermint box
grassy woodland of South Australia, weeping myall woodlands, western (basalt)
plains natural temperate grasslands, and Victorian western basalt plains grassy
woodland.
Three new public nominations were received during the year, for the Mission
Road viney hardwood forest of Norfolk Island, coastal scrub on alkaline sand, and
temperate lowland plains grassy wetland. The minister made decisions on advice
from the Threatened Species Scientific Committee in regard to three ecological
community nominations, resulting in three amendments to the list of ecological
communities. All three decisions were made within the statutory 90-day timeframe.

Listing process for key threatening processes


Two nominations were received under the EPBC Act for key threatening processes
during 2004–05. The minister made decisions on advice from the Threatened
Species Scientific Committee in regard to three key threatening processes resulting
in two amendments to the list of key threatening processes. These were the listing
of the biological effects, including lethal toxic ingestion, caused by cane toads (see
case study below), and the loss of biodiversity and ecosystem integrity following
invasion by the yellow crazy ant (Anoplolepis gracilipes) on Christmas Island in the
Indian Ocean. The minister made all three decisions within the statutory 90-day
timeframe.

Case study

Biological effects caused by cane toads listed as a key threatening process


‘The biological effects, including lethal toxic ingestion, caused by cane toads
(Bufo marinus)’ was listed as a key threatening process in 2004–05.
The cane toad was introduced to Australia in 1935 to control two species of
cane beetle. Whilst the species was unsuccessful in controlling cane beetles,
it has proven to be highly invasive. Since its introduction to Australia, the cane
toad has spread south and west and now occurs in Queensland, the Northern
Territory and New South Wales.

31
Environment protection

There is considerable concern amongst experts and the broader community


about the impact of the cane toad on native species through predation and
competition. Cane toads also possess highly toxic chemical predator defences
and there are many scientific and anecdotal reports of deaths of native
predators that have attempted to consume cane toads. For example, recent
studies in Kakadu National Park have shown that northern quolls are becoming
locally extinct following cane toad invasion. The northern quoll was listed as
endangered during 2004–05, as it has undergone a substantial reduction in
numbers and is likely to continue to decline in the immediate future. Whilst
there may be several factors that have contributed to the current status of the
northern quoll, including changes in vegetation structure, fire frequency, and
the introduction of exotic herbivores, the invasion of cane toads throughout
their range has rapidly accelerated this decline.
Measures aimed at addressing cane toads currently under way include research
into biological and local control methods, working with the Western Australian
and Northern Territory governments and community groups to address the
advancing cane toad front, and the development of a national approach to
address cane toads by the Natural Resource Management Ministerial Council.

Changes to the Register of Critical Habitat


In 2004–05 critical habitat for the Ginninderra peppercress (Lepidium
ginninderrense) was added to the Register of Critical Habitat under section 207A
of the EPBC Act. The listed critical habitat is the northwest corner of the Belconnen
Naval Transmission Station, ACT, where the only known population of the species
occurs.

Permits for listed threatened species and ecological communities


During the year eight listed threatened species and ecological community permits
were issued under section 201 of the EPBC Act. These permits were for a variety of
purposes including research, seed collection and export for both plant and animal
species.
One of the eight permits was issued by the Australian Antarctic Division for
rehabilitating on the decks of vessels any listed threatened bird species injured by
bird strikes, and to collect the carcass of any such dead birds for research or display
purposes. This permit also applies where the species is a listed marine or migratory
species under the EPBC Act.

32 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Two of the eight permits were issued by Parks Australia, one for conducting the
annual monitoring programme for the threatened species Dasycercus cristicauda
(a small mammal also known as mulgara) as required by the Uluru-Kata Tjuta
National Park Plan of Management. The other was issued to the Australian Museum
for a study of two threatened reptile species (Christinus guentheri and Oligosoma
lichenigera, also known as Pseudemoia lichenigera) on Phillip Island, near
Norfolk Island. The study aimed to determine the current conservation status of the
species and to update a previous survey conducted in 1978. The study included
observation, counting, photographing, trapping, marking, measuring, and genetic
sampling of the species.

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.

33
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.

Permits for migratory species


During the year one migratory species permit was issued under section 216 of the
EPBC Act by Parks Australia for the purpose of transporting estuarine crocodile
eggs through Kakadu National Park.

Listed marine species


Permits for listed marine species
In addition to the permit discussed on page 32, during the year two permits were
issued by the Australian Antarctic Division under section 258 of the EPBC Act: one

34 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
for activities including tagging, taking blood, implanting transponders, weighing,
marking, dyeing and checking existing tagged Adelie penguins; the other for
collecting tissue samples from dead penguins found opportunistically.

Whales and other cetaceans


Activities undertaken during the year to improve the management and
conservation status of whales and other cetaceans in Australian waters included:
• In April 2005 the Australian Government hosted the third national large whale
disentanglement training workshop. The workshop promoted world’s best
practice techniques for large whale disentanglement.
• The minister made recovery plans for Australia’s five threatened whale species
(humpback, southern right, blue, fin and sei whales). These recovery plans will
clearly identify the key threats to each of the species and establish programmes
to promote their recovery.
• The department coordinated a review of the national whale watching
guidelines in conjunction with the state and territory governments. This review
will ensure that the expansion of whale watching is well managed and will
provide for the ongoing protection of whales and dolphins in Australian waters.
• The Natural Heritage Trust funded whale research to determine population
numbers and trends, migratory pathways and important habitat areas (calving,
resting, feeding and breeding).
• The department worked towards establishing a national database to improve
understanding of whale and dolphin strandings, which are relatively frequent
along southern hemisphere coastlines during summer. The database will
identify what data is currently being kept throughout Australia, how this data
is stored, accessibility of data to outside users, and possibilities for linkages
between data sets. National standards for the collection of biological samples
from stranded whales have been developed to improve scientific knowledge on
why whales strand.
• The department identified research priorities to enhance conservation
management of cetaceans. These are contained in the Report on the Cetacean
National Research Partnerships Workshop, available online at: www.deh.gov.
au/coasts/publications/ballina-workshop-2004/index.html.

Permits for whales and other cetaceans


During the year six cetacean permits were issued under the EPBC Act (see
Table 10, Appendix 1 of this report). These permits were for such activities as
interference with species for seismic exploration, documentary filming, whale
watching, and the export and import of parts of species for scientific research.

35
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.

Recovery plans and threat abatement plans—section 284 report


Recovery planning
The Australian Government continued to make a substantial investment in
recovering threatened species through developing and implementing recovery
plans. Over 800 nationally threatened species and ecological communities now
have recovery plans in place or in preparation.
During 2004–05 recovery plan completion accelerated with 61 recovery plans
covering 91 terrestrial threatened species and one ecological community being
made or adopted under the EPBC Act. Species and communities covered by the
adopted recovery plans include the golden bandicoot and golden-backed tree-rat
from northern Australia; the Eastern Suburbs banksia scrub endangered ecological
community, which occurs in Sydney’s coastal areas; and a critically endangered
rainforest tree, the nightcap oak, which is restricted to one small population in
northern New South Wales. A recovery plan for 25 threatened orchids of Victoria,
South Australia and New South Wales was adopted, as well as plans for 32 Western
Australian flora species.
The Government also focused on completing plans for species in Commonwealth
areas, with the making of recovery plans for eight Christmas Island species
including Abbott’s booby, the Christmas Island pipistrelle, and the Christmas Island
goshawk, considered to be the rarest endemic bird on Christmas Island.
More strategic and integrated approaches to threatened species recovery and threat
abatement also continued to be explored in 2004–05. A regional pilot project for
the south coast region of Western Australia commenced. The project is testing the
feasibility and effectiveness of developing threatened species recovery plans at the
regional scale. A key element is to promote increased integration of landscape-
scale threat abatement activities with species recovery. The project will also trial
incorporating climate change considerations into regional recovery and threat
abatement planning. Regional recovery plans for the Mount Lofty Ranges region of
South Australia and for Norfolk Island were also begun.
Implementation of recovery plans for many priority species continued during
2004–05, including the northern hairy-nosed wombat, Gilbert’s potoroo, western
swamp tortoise, regent honeyeater, and natural temperate grasslands of southern
New South Wales and the Australian Capital Territory. Activities to recover

36 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
these species included protecting and expanding habitat through fencing and
revegetation, captive breeding programmes, weed and feral pest control, and
community education.
In 2004–05 three recovery plans were made for cetaceans—for the humpback
whale, the southern right whale, and blue, fin and sei whales. The Threatened
Species Scientific Committee recommended making these plans. The plans reflect
the new streamlined approach to recovery planning, which focuses on the key
threats of whaling and habitat degradation, and outlines necessary actions to
ensure species recovery.
As at 30 June 2005 there were six recovery plans in place under the EPBC Act for
marine species. These plans cover six marine turtle species; 10 seabird species;
great white shark; grey nurse shark; whale shark; and sub-Antarctic fur seal and
southern elephant seal. Three of these, for the seals, seabirds and whale shark,
were made during 2004–05. There are a further two recovery plans in preparation
for marine species, covering four species of handfish and the sea lion.
During 2004–05 the National Turtle Recovery Group and the National Shark
Recovery Group were convened to report on progress toward implementation of
the Recovery plan for marine turtles in Australia, the White shark (Carcharodon
carcharias) recovery plan and the Recovery plan for grey nurse shark (Carcharias
taurus) in Australia, and to identify priority actions to implement the recovery plans.

Case study

Recovery planning for the endangered Wollemi pine


The dramatic discovery in 1994 of the Wollemi pine (Wollemia nobilis) brought
to light a remarkable tale of survival. The evolutionary line of this species
was thought to be extinct, even though these tall and striking trees grow
only 150 kilometres from Sydney in the Wollemi National Park. The species
has exceedingly low numbers, within a very restricted distribution, and is
now listed as endangered under the EPBC Act. To provide protection for the
species and to aid its recovery, the New South Wales Government developed a
recovery plan that has been adopted under the EPBC Act.
The overall objective of the recovery plan is to protect the known populations
of the Wollemi pine from decline brought about by non-natural sources, and to
ensure that the wild populations of the Wollemi pine remain viable in the long
term. During 2004–05 a review and update of the recovery plan was funded
through the Natural Heritage Trust.

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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.

Threat abatement planning


During the year the Australian Government continued implementing actions
through threat abatement plans to address key threatening processes. Six threat
abatement plans are in place to address the impacts of feral goats, rabbits, cats,
foxes, and the root-rot disease Phytophthora cinnamomi, and for bycatch of
seabirds due to longline fishing. In accordance with the EPBC Act requirement
for five-yearly review of threat abatement plans, a review process is currently
underway for the threat abatement plans addressing the impacts of feral goats,
rabbits, cats and foxes. The review is expected to be completed midway through
2005–06. A review process has also commenced for the threat abatement plan
addressing the impacts of P. cinnamomi.
The Threat abatement plan for the incidental catch (or by-catch) of seabirds
during oceanic longline fishing operations was reviewed during the year, and a
draft revised threat abatement plan was considered by the Threatened Species
Scientific Committee. The draft threat abatement plan was prepared in consultation
with the Threat Abatement Plan Team, which includes representatives of all major
stakeholders, and should be released for public comment early in 2005–06.

38 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
As at 30 June 2005 threat abatement plans addressing feral pigs, psittacine circoviral
(beak and feather) disease and chytrid fungus were close to completion. A further
two plans, one addressing tramp ant species (including red imported fire ant) and
one on the impacts of marine debris, are under development.
Key outcomes achieved in the implementation of threat abatement plans over
the year included progress in developing direct control measures for particular
invasive species (such as a poisoned bait for feral cats and the development of
a vaccine to protect psittacine species against beak and feather disease), or for
groups of invasive species (such as trial fencing designs for excluding invasive
vertebrates from areas of value, including conservation areas).
Best practice guidelines for managing invasive species have progressed, such as
guidelines for managing sites that are threatened by the root-rot disease
P. cinnamomi and for reviewing methods used to determine the abundance of
feral cats. To better understand species ecology and impacts, research has been
funded through the Natural Heritage Trust to look at the causes and spread of
P. cinnamomi and amphibian chytrid disease.

Wildlife conservation plans—section 298 report


Preparation of a wildlife conservation plan for migratory shorebirds continues.
An issues paper was widely distributed and published on the department’s web
site in July 2004. It is expected that a draft conservation plan will be made available
for public comment early in 2005–06.

2.3 International movement of wildlife


The EPBC Act controls the export of Australia’s native wildlife and import of
live exotic species. It also controls the movement of internationally recognised
endangered species, thereby fulfilling Australia’s obligations under the Convention
on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The EPBC Act provides good conservation outcomes and benefits for industry by:
• promoting the humane treatment of animals
• requiring an assessment of any proposal to import a new live species to
determine the potential for that species to have a significant impact on the
Australian environment
• ensuring that any commercial use of Australian native wildlife for export is
managed in an ecologically sustainable way
• providing a streamlined and transparent system for commercial operators
• strictly controlling the commercial export of live native mammals, birds,
amphibians and reptiles

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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

40 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
department (in its role as Australian Management Authority) and TRAFFIC Oceania,
and was funded by the CITES Secretariat. The meeting focused on the issue of non-
detriment findings, a process of establishing that proposed trade of a species will
not be detrimental to the survival of that species.
The department will continue to look for opportunities to provide capacity
building assistance to CITES parties in the Oceania region.

Sustainable wildlife industries


In 2004–05 the department successfully managed the Natural Heritage Trust
programme Supporting Sustainable Flora Industries. The Natural Heritage Trust
grant funded research on a number of aspects of sustainable flora management
and a national flora workshop. The workshop was held in Hobart in May 2005.
The workshop agreed that the Australian Government, states and territories should
work cooperatively towards national consistency in the management of flora
harvesting and propagation, with particular focus on developing a national strategy
for sustainable flora management.
Wildlife trade management plans and wildlife trade operations, approved under
the EPBC Act, govern the sustainable wild harvest of wildlife and the humane
treatment of animals. These plans have enabled the Australian Government to
ensure that wildlife may be used as a natural renewable resource. On 14 October
2004 the Administrative Appeals Tribunal upheld the decisions to approve the
kangaroo management plans for Queensland, South Australia and Western
Australia following an appeal by animal rights groups.

Wildlife trade permits and programmes


During 2004–05 3 284 wildlife trade permits and 19 418 personal accompanied
baggage permits were issued. Thirty-seven applications were received to amend
the list of specimens suitable for live import and 26 amendments to this list were
gazetted or registered on the Federal Register of Legislative Instruments and tabled.
Two species—Cichlasoma sp hybrid (blood parrot cichlid) and Hypancistrus zebra
(a catfish)—were rejected for inclusion on the live import list.
The department handled one request for a statement of reasons relating to the
minister’s decision to amend the live import list to include six ornamental fish species.
The department assessed 378 wildlife trade permit applications for non-commercial
purposes to ensure that they complied with legislative conservation and animal
welfare requirements. A total of 374 of these permits were issued, mainly to zoos
and scientific researchers. Where applicants were receiving mammals, reptiles,
birds or amphibians, their facilities were assessed for animal welfare requirements.

41
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.

2.4 Conservation agreements


As part of the Natural Heritage Trust Assistance to Landholders project the
department has been developing policies and financial mechanisms to support
farmers and other landholders in the management of important environmental
values on private land. The development of a small number of initial conservation
agreements under the EPBC Act is a key part of this project.
In 2004–05 the department engaged a locally based consultant to assess the
suitability of 25 parcels of land on Norfolk Island with high conservation values
to be the subject of conservation agreement offers. Where parties considered it

1 The department also assesses the environmental performance of all fisheries with an export component
—see Sustainable fisheries assessments, page 21 of this report.

42 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
desirable to enter into such an agreement, the consultant was to describe and
map the subject properties; conduct surveys to verify the presence and condition
of EPBC Act listed species and their habitat; identify threats and responses;
prepare a programme of works, activities and associated costs; and develop an
implementation plan.
As a result, the department has entered into two conservation agreements on
Norfolk Island and these are expected to provide immediate benefits in protecting
those blocks with the highest rated conservation value outside the Norfolk Island
National Park. The longer-term benefits of these conservation agreements will be
assessed over the three-year term of the agreements. Concurrently, those parcels of
land ranked as having the next highest conservation value will be assessed for their
suitability as the subject of further conservation agreements.

3. Managing heritage and protecting significant areas


Listing and managing heritage places in Australia
The Australian Government’s new heritage system, which commenced on
1 January 2004, provides protection for national heritage places as a matter of
national environmental significance, complementing the existing World Heritage
provisions within the EPBC Act. Separately, the Australian Heritage Council Act
2003 established the Australian Heritage Council as the Australian Government’s
principal advisory body on heritage matters.
The Australian Heritage Council was appointed in February 2004 with
responsibility under the EPBC Act to assess the values of places nominated for
the National Heritage List, the Commonwealth Heritage List and the Register of
the National Estate, and to advise the minister on conserving and protecting listed
values, including making recommendations regarding the listing of places.
During 2004–05 the Australian Heritage Council made considerable progress in
meeting its responsibilities under the new heritage system. As at 30 June 2005 the
council had received 88 nominations for the National Heritage List (48 in 2004–05).
Eleven places had been included in the list and 11 places had not been included,
with the remainder being assessed or awaiting decision. The council had also
received 25 nominations for the Commonwealth Heritage List (11 in 2004–05),
with three of these being included and the remainder being assessed.
The council has provided statutory advice to Australian Government agencies
and private individuals wishing to make changes to places with national or
Commonwealth heritage values. The council has also begun working with
Australian Government agencies as they develop heritage strategies for
Commonwealth heritage places, which is a requirement of the new heritage system.

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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.

Progress in developing management plans for World Heritage properties


During 2004–05 the Australian Government took part in consultations over, and
funding of, reviews of management plans and strategic plans for the Willandra
Lakes, Tasmanian Wilderness, Shark Bay, the Wet Tropics of Queensland and the
Greater Blue Mountains World Heritage properties. A comprehensive review of
the Kakadu World Heritage Management Plan commenced, and is expected to be
completed by the end of 2005.
The Australian Government continued to liaise with the Victorian Government and
the City of Melbourne in preparing a management plan for the Royal Exhibition
Building and Carlton Gardens World Heritage property.
The Australian Government provides assistance to state-managed World Heritage
properties to ensure their protection and promotion is consistent with undertakings
under the World Heritage Convention. Activities funded include agreed on-ground
priority projects and strategic management support projects including community
consultation and coordination. Australian Government direct funding from the
Natural Heritage Trust to state-managed World Heritage properties in 2004–05
totalled $8.2 million.
Stakeholder consultation through community, technical and scientific, and
Indigenous committees plays an important role in protecting and promoting
the values of World Heritage properties. The contribution of committees is
particularly significant where properties include a number of tenures and their
effective management may impact on the interests of a range of parties. The
recommendations of committees may also feed into consideration of referrals
under the EPBC Act. For example, the views of the Three Traditional Tribal Groups

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Environment protection
of the Willandra Lakes Region World Heritage Area have been considered in
assessing the impacts of research proposals on the area’s listed Indigenous values.

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.

Progress in developing management plans for national heritage places


To ensure the ongoing protection of a national heritage place, the EPBC Act
provides for the preparation of management plans which set out how the
significance of the site will be protected or conserved. Where a national heritage
place is in a state or territory the Australian Government must use its best
endeavours to ensure that a management plan is prepared and implemented
in cooperation with the relevant state or territory government. The Australian
Government Minister for the Environment and Heritage is responsible for
preparing management plans for national heritage places in Commonwealth areas.
Guidelines are being developed on the preparation of management plans for
national heritage listed places.
During 2004–05 the Australian Government was involved in consultations over
the development of plans for the national heritage listed Lark Quarry Dinosaur
Stampede National Monument in Queensland, and the Mount Eccles–Lake Condah
Budj Bim National Heritage Landscape in Western Victoria.
The May 2005 Budget provided for a new four-year $10.5 million funding
programme, the National Heritage Investments Initiative, to conserve places of
outstanding heritage value to the nation. Building on the establishment of the new
National Heritage List, this initiative will provide funding to help ensure that the
national heritage values of listed places are protected. It will also support projects
to protect other important heritage places around the country.

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.

46 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
As at 30 June 2005 the Commonwealth Heritage
List included 337 places, including:
• Cape Byron Lighthouse, NSW
• Kirribilli House, NSW
• Victoria Barracks Precincts, NSW and Vic
• Yampi Defence Area,WA
• Duntroon House and Garden, ACT
• Jervis Bay Territory, ACT
• North Keeling Island, External Territory.
As at 30 June 2005 the Australian Heritage Council
was assessing 14 places nominated for the
Commonwealth Heritage List, including 12 public
Cape Byron Lighthouse
Photo: J. Houldsworth and the Australian
nominations and two instigated by the council.
Heritage Photo Library. Places under assessment for the Commonwealth
Heritage List include the Canberra School of Art,
Cocos Island Catalina Wreck, and nine Queensland places including Green Hill Fort
on Thursday Island, Low Islets Lightstation and Victoria Barracks in Brisbane. The
Aboriginal Tent Embassy in Canberra was also nominated and is being considered
by the minister for listing. Values tables for 292 Commonwealth heritage places
were prepared and entered in the Australian Heritage Database. Information on
nominations to, and places listed in, the Commonwealth Heritage List is available
online at www.deh.gov.au/heritage.
Provisions within the EPBC Act enable the minister to directly include in the
Commonwealth Heritage List a place that the minister believes may have
Commonwealth heritage values which are under threat. During 2004–05 the
minister received two requests to emergency list seven places in the Commonwealth
Heritage List. As at 30 June 2005 no places had been emergency listed. 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.

Progress in developing management plans for Commonwealth heritage places


The department continues to provide advice and work with Australian Government
agencies on their responsibilities to prepare management plans for Commonwealth
heritage places under their ownership or control. Australian Government agencies
must make a plan for managing a Commonwealth heritage place and may seek to
have the plan endorsed by the minister. Once the minister has endorsed a plan,
the agency is not required to seek advice from the minister about taking an action
associated with that place, where the action is provided for or taken in accordance

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.

Progress in preparing heritage strategies for Commonwealth heritage values


Australian Government agencies that own or control one or more places must
prepare, within two years from 1 January 2004, a written heritage strategy for
managing the places to protect and conserve their Commonwealth heritage values.
The principal objective of a heritage strategy is to outline a strategic approach for
the agency to effectively manage places which it owns or controls for the long-
term protection and conservation of their Commonwealth heritage values. Before
developing a heritage strategy, the agency is required to consult the Australian
Heritage Council and take its advice into account.
A heritage strategy must address the matters set out in the EPBC Regulations,
including the period within which the agency must prepare management
plans for its Commonwealth heritage places, and a process for identifying and
assessing the Commonwealth heritage values for all the places it owns or controls.
The department continues to build strong partnerships with other Australian
Government agencies through one-to-one briefings to ensure that obligations in
the preparation of heritage strategies are understood. The department’s publication
titled Heritage strategies—a guide for Commonwealth agencies has been updated
to provide a more comprehensive understanding of requirements.
Many Australian Government agencies have commenced preparation of their
heritage strategies using internal resources and through commissioning consultants
to provide assistance where required. To 30 June 2005 the department had
received four draft strategies for review and comment. Of the four, the heritage
strategy prepared by the Department of Defence had been provided to the
Australian Heritage Council for advice. The department’s own heritage strategy
is currently in preparation and will cover significant properties including the
Mawson’s Huts Historic Site in Antarctica.

48 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Wetlands of international importance
No additional sites were designated as Wetlands of International Importance under
the Ramsar Convention during 2004–05. However, a number of nominations are
currently being progressed around Australia for under-represented wetland types.
The Australian Government is also progressing nominations for under-represented
wetlands on Commonwealth land.
In 2004–05 the Australian Government continued to assist in the development and
review of management plans for Ramsar sites across Australia. Under the EPBC
Act all Ramsar sites in Commonwealth areas are required to have, and do have,
management plans. To 30 June 2005 50 of the 64 listed Australian Ramsar wetlands
had management plans or draft plans in place.
During 2004–05 draft management plans for Blue Lake (NSW), Forrestdale and
Thomsons Lakes (WA), Becher Point Wetlands (WA) and Bool and Hacks Lagoon
(SA) were assessed for consistency with the Australian Ramsar Management
Principles established by the EPBC Act. It is expected that these management plans
will be finalised in 2005–06.
Section 336 of the EPBC Act allows the Australian Government to provide
assistance for the protection or conservation of a Ramsar wetland. No direct
assistance was provided under this section of the EPBC Act in 2004–05. However a
number of projects have been funded under the national component of the Natural
Heritage Trust to assist the conservation and management of Ramsar wetlands in
Australia. This includes funding to develop descriptions of the ecological character
of a number of Ramsar wetlands in Victoria, New South Wales, Western Australia,
Tasmania and several Marine Protected Areas. These projects will help to inform
future management of the wetlands and decision-making under the EPBC Act.

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.

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4. Monitoring and compliance


Overview
The year has seen a significant increase in resources devoted to compliance and
enforcement activity with the establishment and initial staffing of the Environment
Investigations Unit in the Approvals and Wildlife Division now complete. The
unit complements the work of the existing compliance team by providing a
fully qualified and experienced investigation team to follow up on more serious
contraventions and pursue matters to court if appropriate.
Other initiatives aimed at improving the department’s compliance and enforcement
response have included participation in the establishment of a cooperative network
of state and Australian Government environmental law enforcement regulators,
co-hosting of the inaugural Australasian Environmental Law Enforcement
Conference, and the conduct of a compliance assurance pilot project.

Environment Investigations Unit


The Environment Investigations Unit completed its first full year of operation in
2004–05. The formation of the unit was a priority for the department’s delivery
of enforcement functions, providing specialised investigative skills for formal
investigations and prosecution of environmental crime. The unit has recruited
specialist investigators and hosts out-posted officers from the Australian Federal
Police and Australian Customs Service. Further efforts are being devoted to
increasing and improving cooperative activity with other external and state
government environmental law enforcement agencies.
At 30 June 2005 23 investigations have been carried out so far for EPBC Act related
matters and a further five investigations relating to other portfolio legislation.
The EPBC Act investigations have related to matters of national environmental
significance, incursions into protected areas, threatened species, ecological
communities and wildlife matters. Of these cases, three have been referred to the
Director of Public Prosecutions.

2004 Australasian Environmental Law Enforcement Conference


In November 2004 the department co-hosted the first Australasian Environmental
Law Enforcement Conference, in Melbourne. A highlight of the conference was
the launch of the Australasian Environmental Law Enforcement and Regulators
Network. The network will promote dialogue and information exchange across all
sectors of environmental law enforcement, including Australian Government and
state and territory jurisdictions, with the aim of bringing together a wide range of
investigative roles and expertise (in the compliance, enforcement, policy, licensing,
audit and legal fields).

50 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
The network has been established in recognition of the borderless nature of many
environmental offences and the importance of establishing cooperative relationships
between enforcement agencies. The network aims to establish Australian best
practice standards for the use of intelligence, science, technology and expert advice
in environmental law enforcement, as well as standards for information sharing
and staff training. Another key goal is to raise awareness of the seriousness of
environmental offences throughout government and the broader community.

Monitoring and compliance activities under Part 3


During 2004–05 the department received more than 150 reports of incidents or
activities potentially in breach of the provisions of Part 3 of the EPBC Act. Reports
of this nature come from a range of sources, including members of the public,
non-government organisations, community groups, local governments and state
agencies. The department also undertakes its own monitoring of land development
and other sectoral activities.
Reports received undergo a preliminary screening to determine whether or not
Part 3 of the EPBC Act applies. Many are ultimately considered unlikely to have
a significant impact on matters of national environmental significance under the
EPBC Act. Although enforcement action may not be warranted, the department
takes the opportunity to provide information and advice about the operation and
scope of the EPBC Act to relevant parties in these instances.
Where preliminary screening reveals that significant impacts are possible, the
department encourages referral by the person responsible for the activity to allow
formal consideration of whether assessment and approval is required under the
EPBC Act. During 2004–05 a total of 47 EPBC Act referrals (or approximately
13 per cent of all EPBC Act referrals received by the department) were the result
of compliance action. In some instances, where an action has already occurred or
imminent action is likely, higher level investigation may be considered with a view
to determining whether legal action is appropriate.

Compliance assurance pilot project


The department undertook a compliance assurance pilot project during the year
to assess the level of compliance with Part 3 of the EPBC Act in selected areas. The
aim of the project was to gauge the effectiveness of the department’s monitoring,
compliance and enforcement activities, and suggest improved approaches for
targeting awareness raising or other compliance activities. The assessment was
based on a comparison of referrals received by the department with actual
development activity occurring where significant impacts on matters of national
environmental significance are likely. In cooperation with the relevant councils,
four local government areas were chosen where there are particular listed species
or other matters protected by the EPBC Act, coinciding with development pressures

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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.

Prosecutions under the EPBC Act


Requirements for environmental approvals (Part 3)
In late 2003 the minister initiated civil legal action under section 16(1) of the EPBC
Act against a NSW farmer for taking an action that had a significant impact on a
Ramsar wetland of international importance. In June 2004, the Federal Court made
a decision in favour of the minister, finding that the landholder and the company
he controlled had acted in breach of the EPBC Act by undertaking clearing and
farming activities within the Gwydir Wetlands Ramsar site. In October 2004 the
court handed down a record penalty of $150 000 for the landholder and $300 000
for his company.
During 2004–05 the department became aware of an investigation being
undertaken by the Queensland Environmental Protection Agency into a land-
clearing incident within the boundaries of a Queensland National Park, which
was found to be part of the Central Eastern Rainforest Reserves of Australia World
Heritage Area. The department conducted its own investigation and referred the
matter to the Commonwealth Director of Public Prosecutions, who agreed that a
breach of the criminal provisions of the EPBC Act had occurred. In this case, the
department assisted in negotiating an environmental outcome by way of property
transfer to the Crown of offset land area worth over $400 000 for inclusion in the
World Heritage Area. The Commonwealth Director of Public Prosecutions and the
department then agreed not to proceed with the criminal matter.

Species and communities (Part 13)


In 2004–05 the department undertook preliminary investigations into a small number
of incidents relating to listed species on Commonwealth land, primarily related to
Defence land or activities. An Indonesian fisherman was successfully prosecuted
for a breach of Part 13 of the EPBC Act relating to the taking of a cetacean, with
the charges resulting from and complementing a prosecution action taken by the
Australian Fisheries Management Authority. Two other cases were referred to the
Commonwealth Director of Public Prosecutions for possible prosecution.

52 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
International wildlife trade (Part 13A)
Part 13A of the EPBC Act controls the export of Australian native wildlife and
wildlife products, the import of live animals and plants, and the import and export
of all wildlife recognised internationally as endangered or threatened under CITES.
The department is the lead agency that nationally coordinates the enforcement
of Australia’s wildlife trade laws by working cooperatively with other Australian
Government agencies, international, state and territory wildlife agencies and non-
government agencies interested in protecting wildlife.
International wildlife trade is controlled in close collaboration with the Australian
Customs Service. Customs provides the operational and investigation role for
offences detected at the border.
During the year 10 charges were laid under the EPBC Act against eight defendants
and four charges under the EPBC Regulations against three defendants. A total of
3 902 seizure notices were issued.

Case study

Successful seizure of live birds


On the afternoon of Friday 13 May 2005 inspectors of the Environment
Investigations Unit attended a location in Victoria and executed a monitoring
warrant under the EPBC Act.
Located at the premises was a large collection of exotic birds, chicks and
eggs. When questioned about the nature and origin of these specimens,
the occupants were not able to satisfactorily answer these questions. The
occupants also failed to produce any relevant documentation. As a result,
31 adult birds from eight species, including two species never recorded as
being present in Australia, were seized.
The specimens are now the property of the Australian Government and are
in the process of being re-housed. The value of the specimens has been
estimated to be in excess of $400 000. It is important for owners to maintain
records relating to breeding, purchase, trade and sale of their exotic birds, or
they risk seizure.

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Environment protection

Protected areas (Part 15)


During the year 27 wardens were appointed under section 392 of the EPBC Act,
including 10 officers from the Australian Customs Service, 10 from the Northern
Territory Police, and the balance from the department. Six rangers were also
appointed, four to Uluru–Kata Tjuta National Park and two to Kakadu National Park.
Parks Australia conducted successful prosecutions of two men for using a vessel in a
closed area of the South Alligator River in Kakadu National Park, and one man for using
a crab pot and cast net to catch crocodiles on the East Alligator River, also in Kakadu.
In respect of Commonwealth marine reserves, compliance with the EPBC Act has
been advanced by cooperative management arrangements with the Australian
Customs Service and numerous state fishing and conservation agencies. Under
these arrangements, law enforcement officers from many agencies are trained
and authorised to conduct surveillance and investigate and respond to suspected
offences.
A total of 92 wardens are authorised under the EPBC Act to conduct law
enforcement work in respect of Australia’s Commonwealth waters, including
48 officers from the Australian Customs Service, 29 from state agencies, and the
balance from the department.

Review of EPBC Act decisions

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

54 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
northern section of the Scoresby Freeway in Victoria was not required to undergo
environmental assessment, and review of the finding that there was no basis for a
reconsideration of that decision (Mees v Kemp [2005] FCAFC 5). On 11 March 2005
Dr Mees filed an application for special leave to appeal to the High Court against
the judgement of the full bench of the Federal Court.
The year also saw the conclusion of another application for judicial review under
the ADJR Act of a reconsideration decision made under the EPBC Act, which
confirmed that the proposal to construct and operate a transmission line between
Millmerran and Middle Ridge in Queensland did not need assessment and approval
under the EPBC Act provided it was taken in a particular manner. On 26 November
2004 the Federal Magistrates Court held that the applicant did not have standing to
bring the judicial review action under the ADJR Act.
One further application for judicial review was made under the ADJR Act during
the year. On 13 April 2005 the Wilderness Society filed an application with the
Federal Court for review of the terms of the minister’s decision that the proposal by
Gunns Ltd to construct and operate a pulp mill at Long Reach in Tasmania required
assessment and approval under the EPBC Act, on the basis that it failed to take into
account the impacts of the supply of timber for the mill that will occur after the
expiry of the Tasmanian Regional Forestry Agreement in 2017.

Administrative Appeals Tribunal


On 18 March 2005 the Humane Society International lodged an application with
the Administrative Appeals Tribunal for administrative review of the declaration
that the Southern Bluefin Tuna Fishery is an approved wildlife trade operation in
accordance with section 303FN of the EPBC Act. The matter has been listed for
hearing 23-30 September 2005.

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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.

Section 516A reporting


Section 516A of the EPBC Act requires Australian Government organisations to
include in their annual reports a section detailing the environmental performance
of the organisation and the organisation’s contribution to ecologically sustainable
development. Through its web site, the department has available for agencies
information on section 516A reporting. The information includes guidance on:
• which agencies have to report on ecologically sustainable development and
environmental performance in their annual reports
• what has to be reported
• steps in preparing the report
• suggested performance indicators.

56 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Appendix 1—Statistics on the operation of the Act
during 2004–05
Protecting environment and heritage
Table 1: Overview of referrals, assessments and approvals

2004–05(a) Total(b)

Referrals

Total referrals received 360 1591

Referrals being processed at 1 July 2004 28 N/A

Referrals withdrawn or lapsed before decision 7 28

Referral decisions made (after reconsiderations) 346 1528

Approval required – controlled action 63 354

Approval not required – action to be taken in a particular manner 44 212

Approval not required – no conditions on action 239 962

Referrals being processed at 30 June 2005 35 N/A

Controlled actions

Total controlled actions (after reconsiderations) 63 354

Assessments completed 38 146

Under bilateral agreements 1 4

Preliminary documentation 24 104

Public environment report 2 3

Environmental impact statement 3 9

Public inquiry 0 0

Accredited assessment 8 26

Approval decisions 28 115

Approved with no conditions 2 10

Approved with conditions 26 103

Approval not granted 0 2


(a) From 1 July 2004 to 30 June 2005.
(b) Since the commencement of the EPBC Act in July 2000.

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Environment protection

Table 2: Referrals, referral decisions and reconsideration of decisions 2004–05


Referrals

Referrals being processed at 1 July 2004 28

Referrals received 2004–05 360

Deemed referrals 0

Referrals withdrawn or lapsed before decision 7

Referral decisions made (initial decisions, before reconsiderations) 346

Approval required – controlled action 67

Approval not required – action to be taken in a particular manner 41

Approval not required – no conditions on action 238

Referrals being processed at 30 June 2005 35

Reconsideration of decisions

Reconsideration decisions being processed at 1 July 2004 1

Reconsideration requests received 2004–05 10

Reconsideration decisions made 11

No change in decision 5

Controlled action decision to not controlled action 2

Controlled action decision to action to be taken in a particular manner 2

Not controlled action decision to action to be taken in a particular manner 2

Not controlled action to controlled action 0

Particular manner decision to not controlled action 0

Particular manner decision to controlled action 0

Reconsiderations pending at 30 June 2005 0

58 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Table 3: Referrals and referral decisions made by jurisdiction 2004–05(a)
Decisions made in 2004–05
Referrals
Approval Approval not
received
required required
2004–05
CA(b) PM(c) NCA(d) Total

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

Cocos Keeling Island 3 1 1 1 3

Norfolk Island 4 0 0 4 4

Commonwealth Marine Areas 26 3 7 17 27

Grand Total 360 67 41 238 346


(a) The counts of referrals received and of decisions made relate to events occurring in 2004–05 before
reconsideration. However some decisions made may relate to referrals received in earlier years.
(b) CA means that the action is a controlled action.
(c) PM (particular manner) refers to decisions made by the minister under section 77(3) that an action is not a
controlled action if taken in a particular manner.
(d) NCA means that the action is not a controlled action.

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Table 4: Referrals and referral decisions made by activity category 2004–05(a)


Decisions made in 2004–05
Referrals
Approval Approval not
received
required required
2004–05
CA(b) PM(c) NCA(d) Total

Agriculture and forestry 14 3 4 5 12

Air and space transport 1 1 0 0 1

Aquaculture 5 2 1 1 4

Communication 10 1 0 9 10

Defence 2 2 0 1 3

Energy generation and supply 40 3 2 34 39

Exploration (mineral, oil, gas) 38 1 9 25 35

Land transport 20 4 1 14 19

Manufacturing 6 1 0 5 6

Mining 28 12 2 14 28

Sale or lease of Commonwealth 4 1 1 2 4


property

Science, research and 7 0 1 5 6


investigations

Tourism, recreation and 33 4 4 23 31


conservation management

Urban and commercial new 90 19 11 58 88


development

Urban and commercial 16 2 2 12 16


redevelopment

Waste management 16 1 1 13 15

Water management and use 20 6 1 12 19

Water transport 10 4 1 5 10

Grand Total 360 67 41 238 346


(a) The counts of referrals received and of decisions made relate to events occurring in 2004–05 before
reconsideration. However some decisions made may relate to referrals received in earlier years.
(b) CA means that the action is a controlled action.
(c) PM (particular manner) refers to decisions made by the minister under section 77(3) that an action is not a
controlled action if taken in a particular manner.
(d) NCA means that the action is not a controlled action.

60 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Table 5: Number of matters protected by the EPBC Act for which adverse
impacts have been addressed 2004–05(a)

Nominal
Controlled
Matter protected controlled
action
action(b)

Division 1 Matters of National Environmental Significance

Section 12 World Heritage values of a World Heritage property 3 8

Section 15B National heritage values of a national heritage place 0 0

Section 16 Ecological character of a declared Ramsar Wetland 9 13

Section 18 Listed threatened species or ecological community 30 58

Section 20 Listed migratory species 17 25

Section 21 Nuclear activities with a significant impact on the 0 0


environment

Section 23 Commonwealth marine environment 10 5

Division 2 Proposals involving the Commonwealth

Section 26 Commonwealth land 2 6

Section 27B Activities involving Commonwealth heritage places 0 0


overseas

Section 28 Commonwealth or Commonwealth agency activity 3 4

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.

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


assessment 2004–05

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 environment report 2 2 9

Environmental impact statement 4 3 9

Public inquiry 0 0 0

State/territory assessments

Bilateral agreement 10 1 15

Accredited assessment 7 8 31

Total 48 38 76

Table 7: Approvals 2004–05

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)).

62 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Table 8: Advice requested and provided under section 160 during 2004–05

Requests for Assessment Advice


Authorisation provision
advice completed provided

Airspace Management 1 0 0

GBRMPA Permit/Authority 1 0 0

Airport Major Development Plan 4 6 6

Sea Dumping Permit 1 0 0

Total 7 6 6

Approvals granted during 2004–05


Avrio Pty Ltd—Lorne Golf Course Redevelopment, Lorne, VIC
Axseven Pty Ltd—Redevelopment of Black Tiger Prawn Farm, Micalo Island, NSW
Bendigo Mining NL—Carshalton Mine Expansion, Bendigo, VIC
BHP Billiton Petroleum Pty Ltd—Development of Stybarrow Petroleum Field, WA
Boral Resources (Vic) Pty Limited—Boral Quarry Extension, Deer Park, VIC
Bulga Coal Management Pty Ltd—Bulga Complex Underground Coal Mine
Extension, Singleton, NSW
Coral Sea Pearls Pty Ltd—Establishment of Pearl Oyster Growout Facilities,
Hervey Bay, QLD
CSR Limited—Donnybrook Sand Extraction Operation, Donnybrook, QLD
Department of Defence—Establishment of Cleared Drop Zone for Use in Parachute
Exercises in the Keelbottom Sector, Townsville Field Training Area, QLD
Department of Defence—Talisman Saber 2005 Military Exercise, Coral Sea, QLD
Great Barrier Reef Prawns—Expansion of Existing Prawn Aquaculture Facility,
Moresby River, QLD
Hamilton Island Enterprises Limited—Golf Course Development, Dent Island, QLD
Juniper Property Holdings No 7 Pty Ltd—Radical Bay Tourist Development,
Magnetic Island, QLD
Liverpool City Council—Lyn Parade Extension, Prestons, NSW
Mr Peter Campbell—Construction of Dam Wall, Legune Station, NT

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Environment protection

Mt Barker Nominees Pty Ltd—Residential Estate, Canning Vale, WA


Newfield Australia (Ashmore Cartier) Pty Ltd—Decommissioning of Challis Oilfield,
Timor Sea
Palmela Holdings—One Tree Hill Estate (Stage 13), Tamworth, NSW
Phosphate Resources Ltd—Phosphate Salvage, Transport and Processing,
Christmas Island
Powerlink Queensland—High Voltage Electricity Transmission Line, Innisfail, QLD
Roc Oil (WA) Pty Limited—Platform at Cliff Head Oil Field, Dongara, WA
Santos Ltd—Alston-1 Petroleum Exploration Well, Otway Basin
Santos Ltd—Casino Gas Field Development, Otway Basin
The Nicol Group—Housing Subdivision Farm Road, Werribee, VIC
Transtate—Port of Airlie Integrated Resort & Marina Development, Airlie Beach, QLD
WA Main Roads—Roe Highway Extension, South Perth, WA
Wambo Coal Pty Limited—Wambo Coal Mine Development Project, Hunter Valley,
NSW
Woodside Energy Ltd—Development of Angel Gas and Condensate Field,
North West Shelf

Assessments completed during 2004–05


Assessed by preliminary documentation
Avrio Pty Ltd—Lorne Golf Course Redevelopment, Lorne, VIC
Boral Resources (Vic) Pty Limited—Boral Quarry Extension, Deer Park, VIC
Calcifer Industrial Minerals Pty Ltd—Mourilyan Silca Sand Project, Kurrimine
Beach, QLD
Coral Sea Pearls Pty Ltd—Establishment of Pearl Oyster Growout Facilities,
Hervey Bay, QLD
Department of Defence—Establishment of Cleared Drop Zone for Use in Parachute
Exercises in the Keelbottom Sector, Townsville Field Training Area, QLD
Department of Defence—Talisman Saber 2005 Military Exercise, Coral Sea, QLD
Department of Infrastructure, Planning and Natural Resources—Pipeline
Construction and Environmental Water Flow Management, Great Darling
Anabranch, Wentworth Shire, NSW

64 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Goulburn-Murray Water Authority—Lake Tutchewop Serial Flushing Pipeline and
Associated Works, Kerang Wetlands, VIC
Juniper Property Holdings No 7 Pty Ltd—Radical Bay Tourist Development,
Magnetic Island, QLD
K & T Developments—Residential Development, Kingston, TAS
Liverpool City Council—Lyn Parade Extension, Prestons, NSW
Luddenham Management Pty Ltd—Twin Creeks Estate (Stage 4), Luddenham, NSW
Main Roads Western Australia—Three Turning Pockets West of Busselton Townsite,
Caves Road, WA
Mr Gabriel Bittar—Subdivision and development on Kangaroo Island,
American River, SA
Mr Peter Campbell—Construction of Dam Wall, Legune Station, NT
Palmela Holdings—One Tree Hill Estate (Stage 13), Tamworth, NSW
Pioneer Construction Materials Pty Ltd— Sand Quarry Depth Extension,
Blue Mountains, NSW
Phosphate Resources Ltd—Phosphate Salvage, Transport and Processing,
Christmas Island
Simon Builders Pty Ltd—‘Fairway Waters’ Retirement Village, Pakenham, VIC
The Glades Development Pty Ltd—Residential Development, Hervey Bay, QLD
The Nicol Group—Housing Subdivision Farm Road, Werribee, VIC
Waterhaven Developments Pty Ltd—Waterhaven Estate I and II Residential
Development (Stages 5, 6 and Final), Point Cook, VIC
Wind Prospect Pty Ltd—Green Point Wind Farm, Green Point, SA
Woodside Energy Ltd—Development of Angel Gas and Condensate Field,
North West Shelf

Assessed by environmental impact statement


BHP Billiton Petroleum Pty Ltd—Development of Stybarrow Petroleum Field, WA
Powerlink Queensland—High Voltage Electricity Transmission Line, Innisfail, QLD
Woodside Energy Limited— Development of Blacktip Gas Field,
Joseph Bonaparte Gulf

65
Environment protection

Assessed by public environment report


Roc Oil (WA) Pty Limited—Platform at Cliff Head Oil Field, Dongara, WA
Starline Australia Holdings—Reef Cove Resort, Cairns, QLD

Assessed through an accredited process


Bendigo Mining NL—Carshalton Mine Expansion, Bendigo, VIC
Bulga Coal Management Pty Ltd—Bulga Complex Underground Coal Mine
Extension, Singleton, NSW
Hamilton Island Enterprises Limited—Golf Course Development, Dent Island, QLD
Mt Barker Nominees Pty Ltd—Residential Estate, Canning Vale, WA
NSW Roads and Traffic Authority—Road Upgrade, Nowra-Nerriga, NSW
Pacific Coal Pty Ltd—Open-Cut Coal Mine, Clermont, QLD
Sun Aqua Pty Ltd—Seacage Snapper Farming, Moreton Bay, QLD
Wind Power Pty Ltd—Bald Hills Wind Farm 80 Turbines, Bald Hills, VIC

Assessed under a bilateral agreement


Hydro Tasmania—Musselroe Wind Farm, Cape Portland Property, TAS

Assessments in progress at 30 June 2005


Assessments by preliminary documentation
Australian Antarctic Division—Removal of Old Donga Line Buildings,
Davis Station, Antarctica
Department of Finance and Administration—Divestment of York Park North,
Barton, ACT
Meridian Energy Ltd—Dollar Wind Farm Development, South Gippsland, VIC
Multiplex Development No 8 Pty Ltd—Industrial Development, Altona, VIC
QLD Department of Main Roads—Kuranda Range Road (Kennedy Highway)
Upgrade, Kuranda, QLD
ROCLA LTD—Kurnell Sand Extraction and Backfilling Proposal, Kurnell Peninsula,
NSW
Southern Hydro Partnership—Rocky Valley Dam Expansion, Falls Creek, VIC
Stockland Developments Pty Ltd—Residential Development, Thuringowa, QLD
Tidal Energy Australia—Derby Tidal Power Proposal, Derby, WA
VicRoads—Replacement of Existing Bayles Bridges 1 & 2, Bayles, VIC

66 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Wide Bay Water Corporation—Raising of Lenthalls Dam, Hervey Bay, QLD
Woromar Pty Ltd—Rural Sub-division, Bredbo, NSW

Assessments by environmental impact statement


BHP Billiton Petroleum Pty Ltd—Pyrenees Oil Fields Development, North West
Cape, Commonwealth Marine
ChevronTexaco Australia—Gorgon Gas Development, Barrow Island, WA
Department of Defence—Headquarters Australian Theatre, Bungendore, NSW
Epic Energy—Darwin to Moomba Gas Pipeline, Darwin to Moomba, QLD
Phosphate Resources Ltd—East Christmas Island Phosphate Mines,
Christmas Island
Queensland Department of Main Roads & NSW Roads and Traffic Authority—
Tugun Bypass, Tugun to Tweed Heads, QLD
Shell Development (Australia) Pty Ltd—Floating Liquefied Natural Gas Facility,
Timor Sea, Commonwealth Marine
TransGrid—Electricity Transmission Line, Buronga, NSW to Monash, SA
Woodside Energy Ltd—Greater Enfield (Vincent) Development,
Commonwealth Marine

Assessments by public environment report


Cooloola Shire Council—Construction of New Landfill, Toolara, QLD
Cultus Timor Sea Pty Ltd—Audacious Oil Field Standalone Development, Timor
Sea, Commonwealth Marine
Department of Defence—Construction and Operation of Urban Operations
Training Facility, Mount Bundey, NT
HEZ Pty Ltd—Development of the Hunter Economic Zone Industrial Estate, Hunter
Valley, NSW
Mr K Williams & Cardwell Properties Pty Ltd—Port Hinchinbrook Resort (Stage 2),
Cardwell, QLD
Mr Stephen Lane—Public Ferry Hovercraft Operation, Cocos Keeling Island
Phosphate Resources Ltd—Exploration for Mineable Phosphate, Christmas Island
Sudaw Developments Ltd—Nathan Dam, Dawson River, QLD
Waterman Agriculture Pty Ltd—Irrigated Cotton Development Expansion,
Macquarie Marshes, NSW

67
Environment protection

Assessments through an accredited process


Austeel Pty Ltd—Steel Mill, Newcastle, NSW
Barro Group—Extension of Mountain View Basalt Quarry (Stage 2),
Point Wilson, VIC
Brisbane Airport Corporation Pty Ltd—Brisbane Airport New Parallel Runway
Project, Brisbane Airport, QLD
Burnett Water Pty Ltd—Walla Weir Raising of Dam, Bundaberg, QLD
City of Cockburn—Extension of Beeliar Drive, City of Cockburn, WA
Compass Resources NL—Polymetallic Project, Browns East Deposit, NT
Gunns Limited—Gunns Bleached Kraft Pulp Mill, Northern Tasmania, TAS
Hazelwood Power—West Mine Development, Latrobe Valley, VIC
Iluka Resources Limited—Mineral Sands Mining, near Ouyen, VIC
Lake Wellington Estates—Wellington Waters Canal Estate, Wellington Lakes, VIC
LG Chem Ltd—Construction of Chlor-Alkali/Ethylene Di-Chloride (CA/EDC) Plant,
Gladstone, QLD
Lonsdale Golf Club Inc—Lonsdale Golf Club Redevelopment, Point Lonsdale, VIC
Major Projects Victoria—Long Term Containment Facility for Prescribed Industrial
Waste, Nowingi, VIC
Mineralogy Pty Ltd—Binowee Iron Ore Project, Cape Preston, WA
Mount Gibson Mining Limited—Hematite (Iron Ore) Mine and Beneficiation Plant,
Mount Gibson, WA
Newcastle Port Corporation—Hunter River South Arm Dredging, Newcastle, NSW
Newnes Kaolin Pty Limited—Newnes Kaolin Friable Sandstone Mine Project,
Newnes Junction, NSW
NSW Roads and Traffic Authority—Great Western Highway Upgrade, Lawson, NSW
NSW Roads and Traffic Authority—Pacific Highway, Bulahdelah Upgrade,
Bulahdelah, NSW
Orange City Council—Resource Reprocessing Facility, near Molong, NSW
Pacific Reef Fisheries (Bowen) Pty Ltd—Proposed Guthalungra Aquaculture
Facility, Guthalungra, QLD
PF Formation—Sand Extraction, Maroota, NSW
Port of Melbourne Corporation—Port Phillip Bay Channel Deepening,
Port Phillip Bay, VIC

68 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
RMI Pty Ltd—Irrigated Intensive Crop Production, Macintyre River Valley, NSW
Selwyn Mines Limited—The Selwyn Copper-Gold Project, Mt Isa-Carpentaria, QLD
Shute Harbour Management Pty Ltd—Construction of Marina Facility,
Shute Harbour, QLD
Stockland Development Pty Ltd—Residential and Golf Course Development
Project, Point Lonsdale, VIC
Sydney Ports Corporation—Expansion of Port Botany Facilities, Botany Bay, NSW
Tarong Energy Corporation Limited—Glen Wilga Open-cut Coal Mine,
Surat Basin, QLD
Watsons Pty Ltd—Wyndham Cove Marina and Residential Development,
Werribee South, VIC
Wind Power Pty Ltd—Wind Turbines, Swan Bay, VIC

Assessments under a bilateral agreement


BHP Mitsui Coal Pty Ltd—Open Cut Coal Mining, Poitrel via Moranbah, QLD
Cape Bouvard Investments Pty Ltd—Rural Subdivision, Mandurah, WA
Enertrade—Install and Operate Gas Pipeline, Moranbah to Gladstone, QLD
Gunson Resources Limited—Coburn Mineral Sand Project, Shark Bay, WA
Hydro Tasmania—Heemskirk Windfarm Development, West Coast Tasmania, TAS
Kemerton Silica Sand Pty Ltd—Silica Sand Mine Expansion, Kemerton, WA
MIM Holdings Limited—McArthur River Mine Expansion, McArthur River, NT
Mt Gibson Mining Ltd—Mt Gibson Iron Ore Project, Mt Gibson, WA
NCA Joint Venture—Wollombi Open Cut Coal Mine, near Glenden, QLD
New Acland Coal Pty Ltd—New Acland Mine Expansion, Darling Downs, QLD
Pacific Hydro Limited—White Rock Ridge Wind Farm, Robbins Island, TAS
Ports Corporation of Queensland—Port of Hay Capital Dredging Apron Area and
Departure Path, Dalrymple Bay, QLD
Straits Salt Pty Ltd—Solar Salt Project, Exmouth Gulf, WA
Woodside Energy Limited and Alcan Gove Pty Limited—Trans-territory Gas
Pipeline, Wadeye to Gove (Galupa), NT
Worsley Alumina Pty Ltd—Efficiency and Growth Increase of Alumina Production,
Darling Plateau, WA

69
Environment protection

Conserving biodiversity
Threatened species and ecological communities

Table 9: Processing of nominations and changes to the lists of threatened


species, ecological communities and key threatening processes during
2004–05

Key
Ecological
Species threatening
communities
processes

New public nominations received under the Act 23 3 2

Nominations on which the Threatened Species 25 6 3


Scientific Committee has provided advice to
the minister

Threatened Species Scientific Committee advice 6 2 0


to the minister carried over from 2003–04

Ministerial decisions made on Threatened 30 3 3


Species Scientific Committee advice

Number uplisted, new, delisted, rejected 4,20,1,5 0,3,0,0 0,2,0,1

Number of amendments to the list 25 3 2

Total number of listings as at 30 June 2005 1682 32 16

Number of public nominations where an 27 10 5


extension to the 12-month timeframe was
required

Number of ministerial decisions made on Yes No Yes No Yes No


Threatened Species Scientific Committee
30 0 3 0 3 0
advice where the minister’s 90-day deadline
was met(a)
(a) The statutory 90-day timeframe begins after receiving advice from the Threatened Species Scientific Committee.
The committee must give its advice to the minister within 12 months of receiving a nomination, or such longer
period as the minister specifies, as provided for in section 189(4) of the EPBC Act. In a number of cases in 2004–05
the minister agreed to nominate a longer period for the committee to consider nominations due to the complexity
of the scientific issues involved, the unavailability of adequate scientific information to address these, and the need
to undertake enhanced public and expert consultation processes.

70 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Whales and other cetaceans

Table 10: Cetacean permits—applications received, decisions made on


assessment approach and permits granted during 2004–05
Decision
Applications made on Permits
Subsection
received assessment granted
approach

Sub-section 238(3)(a)—specified actions which 4 2 2


will contribute significantly to the conservation
of cetaceans

Sub-section 238(3)(b)—interference incidental 4 4 4


to, and not the purpose of, the taking of the
action

Sub-section 238(3)(c)—whale watching 3 0 0

Sub-section 238(3)(d)—export of a personal item 0 0 0

Sub-section 238(3)(e)—import of a personal item 1 0 0

Total 12 6 6

71
Environment protection

Commonwealth and state managed fisheries

Table 11: Assessments of Commonwealth and state managed fisheries


completed during 2004–05

State/ Ministerial/delegate
Fishery
Commonwealth decision date

NT Shark Fishery 29 November 2004

NT Trepang Fishery 20 December 2004

NT Aquarium Fishery 29 June 2005

Qld East Coast Pearl Fishery 16 February 2005

Qld Mud Crab Fishery 13 August 2004

Qld Gulf of Carpentaria Inshore Finfish Fishery 27 August 2004

Qld Gulf of Carpentaria Line Fishery 31 August 2004

Qld Blue Swimmer Crab Pot Fishery 15 October 2004

Qld East Coast Spanish Mackerel Fishery 30 October 2004

Qld Moreton Bay Beche-de-mer Fishery 1 November 2004

Qld Eel Fishery 6 November 2004

Qld Gulf of Carpentaria Developmental Finfish Trawl Fishery 12 November 2004

Qld East Coast Tropical Rock Lobster Fishery 13 November 2004

Qld Marine Specimen Shell Fishery 15 November 2004

Qld Developmental Slipper Lobster Fishery 15 November 2004

Qld Stout Whiting (Finfish Trawl) Fishery 16 November 2004

Qld East Coast Otter Trawl Fishery 18 November 2004

Qld East Coast Beche-de-mer Fishery 6 December 2004

Qld Rocky Reef Finfish Fishery 6 May 2005

Qld East Coast Trochus Fishery 7 June 2005

SA Beach-cast Seagrass and Marine Algae Fishery 9 August 2004

SA Pilchard Fishery 14 October 2004

SA Prawn Trawl Fisheries 5 November 2004

SA Specimen Shell Fishery 17 November 2004

72 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Table 11 continued ...

State/ Ministerial/delegate
Fishery
Commonwealth decision date

SA Blue Crab Fishery 30 November 2004

Tas Eel Fishery 8 November 2004

Tas Scalaris Abalone Fishery 17 February 2005

Tas Bull Kelp 18 February 2005

WA Abalone Managed Fishery 17 August 2004

WA Broome Prawn Managed Fishery 19 August 2004

WA South Coast Crustacean Fishery 17 September 2004

WA Kimberley Prawn Fishery 9 November 2004

WA Pilbara Trap Fishery 11 November 2004

WA Mackerel Fishery 11 November 2004

WA Northern Demersal Fishery 11 November 2004

WA Salmon Fishery 12 November 2004

WA Shark Bay Experimental Crab Fishery 16 November 2004

WA Onslow/Nickol Bay Prawn Fishery 18 November 2004

WA Pilbara Fish Trawl Fishery 26 November 2004

WA Beche-de-mer Fishery 16 December 2004

WA Abrolhos Island and Mid West Trawl Fishery 17 March 2005

WA Specimen Shell Managed Fishery 23 May 2005

Commonwealth Southern Bluefin Tuna Fishery 10 August 2004

Commonwealth Coral Sea Fishery 25 October 2004

Commonwealth Southern Squid Jig Fishery 1 November 2004

Commonwealth Western Trawl Fisheries 2 November 2004

Commonwealth Southern and Western Tuna and Billfish Fishery 10 November 2004

Commonwealth Torres Strait Tropical Rock Lobster Fishery 11 November 2004

Commonwealth Torres Strait Beche-de-mer Fishery 11 November 2004

Commonwealth Small Pelagics Fishery 29 November 2004

73
Environment protection

Appendix 2—EPBC Act related publications during


2004–05

Reports
Description of ecological community: arid eucalyptus woodland by Jane Elith and
Sjaan Bidwell, University of Melbourne, October 2004

Brochures, booklets and fact sheets


Whales in Australian waters and Dolphins and other small cetaceans—reprinted
due to demand
Species profile and threats database: an information tool for the implementation
of the Environment Protection and Biodiversity Conservation Act 1999
Protected marine species identification guide, August 2004
Black gum – South Esk pine forest (Eucalyptus ovata - Callitris oblonga)
(Tasmania), Nationally threatened species and ecological communities
information sheet, August 2004
What happens if a commercially fished species is listed as a threatened species under
the EPBC Act? Frequently Asked Questions information sheet, December 2004
Swamp tea-tree (Melaleuca irbyana) forest of south-east Queensland, Nationally
threatened species and ecological communities information sheet, April 2005
Temperate high peat swamps on sandstone (NSW), Nationally threatened species
and ecological communities information sheet, May 2005
Providing comments on referrals under the EPBC Act, Referral, assessment and
approval of proposed actions factsheet, June 2005

74 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Appendix 3—Functions and membership of advisory
committees under the Act
Threatened Species Scientific Committee
Under section 503 of the EPBC Act, the functions of the Threatened Species
Scientific Committee are:
• to advise the minister in accordance with Division 5 of Part 13 in relation to the
making of recovery plans and threat abatement plans
• to advise the minister (on the minister’s request or on the committee’s initiative)
on the amendment and updating of the lists established under Part 13
• to advise the minister, at his or her request, on matters relating to the
administration of this Act
• to give the minister such other advice as is provided for in this Act
• to perform such other functions as are conferred on the committee by this Act.

Table 12: Membership of the Threatened Species Scientific Committee as at


30 June 2005
Associate Prof. Robert Beeton (Chair) Prof. Bob Kearney

Dr Susan Briggs Dr Libby Matttiske

Mr Guy Fitzhardinge Dr Pamela Parker

Prof. Gordon Grigg Dr Rosemary Purdie

Dr Graham Harris Dr John Woinarski

Biological Diversity Advisory Committee


Under section 505 of the EPBC Act, the functions of the Biological Diversity
Advisory Committee are:
• to advise the minister, at his or her request, on matters relating to the
conservation and ecologically sustainable use of biological diversity
• to perform such other functions as are conferred on the committee by the Act or
the Regulations.
The terms of reference for the committee are to advise:
• the minister on the performance of Australian Government programmes in
promoting biodiversity conservation and the means to promote biodiversity
conservation through improved business practices

75
Environment protection

• the Australian and New Zealand Environment and Conservation Council


(now subsumed by the Natural Resource Management Ministerial Council)
on priorities for action under the National Strategy for the Conservation of
Australia’s Biological Diversity.

Table 13: Membership of the Biological Diversity Advisory Committee as at


30 June 2005

Name Group represented

Prof. Hugh Possingham (Chair) Scientific community—biological diversity

Dr Andrew Ash Scientific community—biological diversity

Prof. Ralf Buckley Tourism sector

Prof. Mark Burgman Scientific community—biological diversity

Dr Cecil Camilleri Business sector

Dr Rhondda Dickson Australian Government

Mr Kim Evans Standing Committee supporting the Natural


Resource Management Ministerial Council

Mr Alistair Graham Conservation organisations

Mr Tim Low Scientific community—terrestrial species

Dr Patricia Mather Scientific community—marine species

Ms Francine McCarthy Indigenous Advisory Committee

Cr Bill Mitchell Local government

Dr Russell Reichelt Fisheries sector

Assoc. Prof. Stephan Schnierer Indigenous peoples

Mr William Sloane Rural sector

76 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Indigenous Advisory Committee
Under section 505B of the EPBC Act, the function of the Indigenous Advisory
Committee is to advise the minister on the operation of the Act, taking into account
the significance of Indigenous people’s knowledge of the management of land and
the conservation and sustainable use of biodiversity.
The Indigenous Advisory Committee was established under the EPBC Act in July
2000, and held its inaugural meeting in Canberra in October 2000. The committee
has met nine times since then and once jointly with the Biological Diversity
Advisory Committee in 2004.

Table 14: Membership of the Indigenous Advisory Committee as at


30 June 2005

Name State or territory

Mr Rocky Sainty (Chair) Tasmania

Mr Glen Kelly (Deputy Chair) Western Australia

Ms Melissa George Queensland

Mr John Chester South Australia

Mr Vic McGrath Torres Strait Islands

Ms Darcel Moyle Victoria

Mr Leon Atkinson Victoria

Ms Francine McCarthy Northern Territory

Mr Joe Morrison Northern Territory

Mr Robert Carroll New South Wales

Vacant New South Wales

Vacant Western Australia

77
Environment protection

Appendix 4—Compliance with timeframes—


section 518 report
The EPBC Act and Regulations specify timeframes within which decisions must
be made and other actions completed. If the timeframes are not met, then in
accordance with section 518 of the EPBC Act a statement must be provided setting
out the reasons for the delay. Things that were not done within the statutory
timeframes during 2004–05 are listed in Tables 15 and 16 below.

Table 15: Referrals, assessments and approvals 2004–05

Section Total Late Reasons

75(1) Decision on referral 346 37 Delays in obtaining sufficient information to


make decision; need to address questions of
legal interpretation in processing referrals; need
for additional internal consultations on referral
decisions. Average delay only 1.6 business days.

77(1)(b) Publishing notice 346 4 Delay or error in data entry.


of decision on referral

77(4) Providing reasons for 12 5 Absence of decision maker; need to obtain legal
decision advice/review.

88(1) Decision on 38 8 Additional assurances sought from state that


assessment approach accredited assessment process would meet
requirements; need to clarify and consult on
information in preliminary documentation;
unavailability of key decision makers.

91(1) Publishing notice of 38 5 Delay in notification that level of assessment had


decision on assessment been made; proponents notified in writing by
approach decision date but database not updated.

95(1) Preparation of 24 12 Need to adequately consider complex technical


assessment reports issues raised by assessment process; further
for preliminary research required on issues raised; non-availability
documentation of key decision makers; further detailed
information sought from proponent.

97(1) Preparation of 3 1 Joint assessment with state requiring publication


assessment guidelines for of draft guidelines; need to ensure both
public environment report jurisdictions satisfied with alterations to guidelines.

78 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Table 15 continued ...

Section Total Late Reasons

100(1) Preparation of 2 1 Complexity of issues in particular case.


assessment report for
public environment report

102(1) Preparation of 2 0 Included for completeness.


assessment guidelines
for environmental impact
statement

105(1) Preparation of 3 1 Complexity of issues in particular case.


assessment report for
environmental impact
statement

130(1) Approval decision 28 12 Need for ongoing consultation with


proponents over content of final approval
conditions; requirement to analyse available
social and economic information; need for
adequate consideration of complex legal and
environmental issues; need for discussions with
state governments; need to seek peer review of
information provided by proponent.

Table 16: Other provisions 2004–05

Section Total Late Reasons

Part 13 Species and communities

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

Table 16 continued ...

Section Total Late Reasons

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.

Part 13A International movement of wildlife specimens

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.

303DH Decision on export 2002 0 Included for completeness.


permit for regulated native
specimens

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

303EO Decision on import 29 0 Included for completeness.


permit for regulated live
specimens

Part 15 Protected areas - managing national heritage places

324E(3) Requesting the 45 1 One day late due to administrative error.


Chair of the Australian
Heritage Council to assess
a nomination for the
National Heritage List

324F(6) Publishing on 20 2 Administrative delay relating to Christmas holiday


the Internet advise that period.
emergency listing will not
occur (including reasons)

80 Department of the Environment and Heritage Legislation Reports 2004–05


Environment protection
Table 16 continued ...

Section Total Late Reasons

324G(2) Providing 36 1 Request for extension being considered by the


assessment on nomination minister.
or emergency listing
(Australian Heritage
Council requirement)

324H(2) Publishing 2 1 Relevant notices not prepared in time for decision.


notice seeking additional
comments after assessment

324J(2) Decision on 21 1 Administrative error.


nomination for national
heritage listing after receipt
of assessment report

324J(4) Providing to 11 1 Legal issues concerning release of council’s report


relevant persons and required resolution.
publishing on the Internet
advise that nomination
rejected (including
reasons)

Part 15 Protected areas - managing Commonwealth heritage places

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

341J(2) Decision 16 7 Complex assessments.


on nomination for
Commonwealth heritage
listing after receipt of
assessment report

341ZD (3) Providing written 9 1 Extension of time agreed to by Commonwealth


advice to a Commonwealth agency to adequately consider complex proposal
agency seeking advice on and associated documentation.
an action likely to have
a significant impact on a
Commonwealth heritage
place
(a) Total number of species and ecological communities for which plans are required to be made, based on species
currently known to occur in Commonwealth areas.
(b) Outstanding as at 30 June 2005, based on the 2, 3 or 5 year timeframe applicable in each case.

81
Environment protection

82 Department of the Environment and Heritage Legislation Reports 2004–05


Fuel quality
Operation of the Fuel Quality
Standards Act 2000
Fuel quality

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.

Regulation of fuel quality

Petrol and diesel—environmental standards


Specific fuel quality standards have been set as Fuel Standard Determinations for
diesel and petrol. These determinations were implemented on 1 January 2002,
and include environmental and engine operability based standards for a range of

84 Department of the Environment and Heritage Legislation Reports 2004–05


parameters. The limits for a number of key parameters were either introduced or
tightened from 1 January 2005 including:
• sulfur levels in all grades of petrol limited to 150 milligrams per kilogram

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.

Future fuel standards—research and consultation

Petrol and diesel

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

Chamber of Automotive Industries.

Future sulfur limits


The department was an active participant in a review by the Land Transport
Environment Committee into fuel quality and motor vehicle emissions standards
to take effect after 2006. The review considered further lowering maximum limits
of sulfur in petrol and diesel. As a result new fuel standards announced in July
2004 will see sulfur in premium unleaded petrol reduced from the current level of
150 milligrams per kilogram to 50 milligrams per kilogram from 1 January 2008,
and sulfur in diesel reduced from 500 milligrams per kilogram to 50 milligrams
per kilogram on 1 January 2006 and capped at 10 milligrams per kilogram from 1
January 2009. A complete set of fuel standards is on the department’s web site.

Olefin content of petrol


A discussion paper relating to the future management of olefins in petrol was
released for public comment in June 2005. The paper was prepared in response
to a request by the Australian Institute of Petroleum for a degree of flexibility in
setting olefins specifications. The paper examined the current management trends
for olefins and considered options for future management. The Australian Institute
of Petroleum submitted that the flat limit of 18 per cent for all grades, which came
into effect on 1 January 2005, would put pressure on refineries in meeting the
standard.

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.

86 Department of the Environment and Heritage Legislation Reports 2004–05


Ethanol
The department commissioned the International Fuel Quality Centre to prepare a

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.

Compressed natural gas


In June 2005 the department announced that the existing Australian Standard AS
4564:2003 specification for general purpose natural gas is sufficient for the quality
control of compressed natural gas vehicle fuel. The Fuel Standards Consultative
Committee and the Australian Government agreed that the quality of compressed
natural gas is already well controlled by an Australian Standard and by industry
agreements, and concluded that there was little benefit to justify developing a fuel
quality standard under the Act or amending the Australian Standard.

Methylcyclopentadienyl manganese tricarbonyl (MMT)


The use of MMT as a petrol additive was considered by the Fuel Standards
Consultative Committee during the year. Consultations are continuing on the
environmental and engine operability implications of the additive to assess
whether there is a need for managing its use in petrol supplied in Australia.

Statutory review of the Fuel Quality Standards Act 2000


Section 72 of the Act provides for a review of the operation of the Act to be
undertaken as soon as possible after the second anniversary of the commencement
of Part 2 of the Act, which commenced on 1 January 2002.
This review was completed in April 2005 and provided an early opportunity to
evaluate the operation of the Act and to propose corrective actions if necessary.
The review considered the effectiveness and efficiency of sections of the legislation
in achieving the function for which they were drafted, in the light of experience
with administering the Act.

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 Standards Consultative Committee


Section 25 of the Act establishes a Fuel Standards Consultative Committee as
a formal consultation mechanism. The committee is required to include one
representative of each state and territory, and the Australian Government. It must
also include at least one person representing fuel producers, a non-government
body with an interest in the protection of the environment and a person
representing the interests of consumers. The minister may also appoint other
members to the committee, which to date has included representatives from the
motor vehicle manufacturing industry, independent fuel importers and suppliers,
the alternative and renewable fuels industry, and the trucking industry.
Table 1 lists members of the committee during 2004-05.

88 Department of the Environment and Heritage Legislation Reports 2004–05


Table 1: Members of the Fuel Standards Consultative Committee 2004–05

Member Representing Term (a)

Fuel quality
Mr Peter Burnett, Chair Department of the Environment and
Heritage

Mr Bruce Dawson Victorian Environment Protection Authority until 13 October 2004

Mr John Bortolussi Truck manufacturing industry

Dr David Bowman Environmental non-government body

Mr Phil Cross Northern Territory Department of from 13 April 2004


Infrastructure, Planning and Environment

Mr James Hurnall Consumers

Mr Mike McCullagh Independent fuel producers and importers

Mr Scott McDowall Queensland Environmental Protection until 7 March 2005


Agency

Mr John Woodland Queensland Environmental Protection 7 March - 29 July 2005


Agency

Mr Ewen Macpherson Australian Institute of Petroleum until 24 June 2005

Mr Steven Payne Department of Industry, Tourism and


Resources

Mr David Quinlan Australian Capital Territory Department of


Urban Services

Mr Nigel Routh New South Wales Department of


Environment and Conservation

Dr Stephen Schuck Alternative and renewable fuels industry

Mr Keith Seyer Vehicle manufacturing industry

Mr Kelvyn Steer Tasmanian Department of Primary


Industries, Water and Environment

Mr Fred Tromp Western Australian Department of


Environment

Mr Tom Whitworth South Australian Environment Protection


Authority

Mr Geoff Latimer Environment Protection Authority Victoria from 13 October 2004

Mr Steve Sanderson Northern Territory Department of from 20 April 2005


Infrastructure, Planning and Environment
(a) Unless otherwise stated, members served on the committee for the whole of 2004–05.

89
Under section 24A the minister must consult the committee before:
• granting an approval
Fuel quality

• making a fuel quality standard


• making a fuel quality information standard
• deciding whether to enter in or remove a fuel additive from the Register of
Prohibited Fuel Additives
• preparing guidelines for more stringent fuel standards.
The committee provides written recommendations to the minister on the above
matters. In relation to granting approvals under section 13 (that allows for specific
variations to the fuel standards for specified periods), the committee made
recommendations for 15 new approvals (see Table 2), and three amendments to
existing approvals (see Table 3).

90 Department of the Environment and Heritage Legislation Reports 2004–05


Table 2: New approvals granted 2004-05

Name of approval holder Period of operation Variation approved

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.

VPW Australia 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, MTBE and Olefins
parameters.

VP Racing Fuels 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, MTBE 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 ...

Name of approval holder Period of operation Variation approved


Fuel quality

1. 10 Tenths Motorcycle Performance 17 June 2005 – Variation of the Fuel


2. A1 Advanced Automotive 31 December 2006 Standard (Petrol)
3. Advanced Turbo Performance Determination 2001
4. Auto-tech Automotive to permit the supply
5. Bresciani Auto Repairs of petrol with a lead
6. Competition Engines content of greater than
7. Feature Floors 0.005g/L. Conditions
8. Ford Muscle Parts attached.
9. Haddad Race Cars and Engines
10. Hercules Competition Engines
11. Horsepower Research and Development
12. Hume Performance
13. Ian Williams Tuning
14. LA Motor Repairs
15. Nankervis Performance
16. Neil Collins
17. Pavtek Engines
18. Terry Handley
19. Waikerie International Soaring Centre
20. Zig’s Marine

1. Australian Auto-sport Alliance Inc 17 June 2005 – Variation of the Fuel


2. Australian Barefoot Racers Club 31 December 2006 Standard (Petrol)
3. Australian Formula Jet Sprint Determination 2001
Association Inc to permit the supply
4. Australian Historic Motoring Federation Inc of petrol with a lead
5. Australian National Drag Racing content of greater than
Association Inc 0.005g/L. Conditions
6. Australian Power Boat Association attached.
7. Australian Street Rod Federation
8. Australian Tractor Pullers Association Inc
9. Confederation of Australian Motor
Sport Ltd
10. Drag Bike Riders Association Australia
11. Dry Lakes Racers Australia
12. Ipswich City Dirt Kart Club Inc
13. Motorcycling Australia
14. National Association of Speedway Racing
15. Queensland Racing Drivers Association Inc
16. Ski Racing Australia
17. South Australian Hot Rod Association Inc
18. Street Machine Association South Australia
19. Victorian Speedway Council
20. West Coast Jet Sprint Club Inc

92 Department of the Environment and Heritage Legislation Reports 2004–05


Table 2 continued ...

Name of approval holder Period of operation Variation approved

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.

BP 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.

The Shell Company of Australia 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.

93
Table 2 continued ...

Name of approval holder Period of operation Variation approved


Fuel quality

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.

BP Australia Bulwer Island 8 December 2004 Variation of the Fuel


– 30 June 2005 Standard (Automotive
Diesel) Determination
2001 to permit the
supply of diesel with
a minimum density of
810 kg/m_.

The Shell Company of Australia 30 September 2004 Variation of the Fuel


– 28 October 2004 Standard (Petrol)
Determination to
permit supply of
unleaded petrol with
an olefin content of up
to 25%.

94 Department of the Environment and Heritage Legislation Reports 2004–05


Table 2 continued ...

Name of approval holder Period of operation Variation approved

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.

Caltex Refineries (Qld) Ltd 13 July 2004 – Variation of the Fuel


30 December 2005 Standard (Diesel)
Determination 2001
to permit the supply
of fuel certified by
a minimum cetane
number of 46 instead
of a minimum cetane
index of 46.
(a DIPE = di-isopropropyl ether
(b) MTBE = methyl tertiary-butyl ether

95
Table 3: Existing approvals amended 2004-05

Period of Variation Amendment(s)


Name of approval holder
Fuel quality

operation approval made(a)

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))

96 Department of the Environment and Heritage Legislation Reports 2004–05


Table 3 continued ...

Period of Variation Amendment(s)


Name of approval holder

Fuel quality
operation approval made(a)

1. 10 Tenths Motorcycle Performance 6 December Variation of the List of regulated


2. A1 Advanced Automotive 2002 – 30 Fuel Standard persons
3. Advanced Turbo Performance June 2005 (Petrol) extended on 29
4. Bill Towler Mechanical Repairs Determination September 2004
5. Bresciani Auto Repairs 2001 to permit (GN46, 17
6. BW Bikes the supply of November 2004)
7. C & R Motor Sport Developments petrol with a
8. Competition Engines lead content
9. Craig Wood of greater
10. DPC Performance than 0.005g/L.
11. Feature Floors Conditions
12. Ford Muscle Parts attached.
13. Galaxy Services
14. Gene Cook Race Engines
15. Haddad Race Cars and Engines
16. Hercules Competition Engines
17. Horsepower Research and
Development
18. Hume Performance
19. Ian Williams Tuning
20. John White Racing Engines
21. LA Motor Repairs
22. Karman Motors
23. Keith Nankervis
24. Mike’s Auto Electrics and Dynotuner
25. Nizpro Turbo Charging
26. Pavtek Engines
27. Proflo Performance
28. Qantum Racing Industries
29. Road Runner Wreckers
30. RX Engineering
31. Stafford Tune
32. Terry Handley
33. Waikerie International Soaring
Centre
34. Wilvaw Engineering
35. Zig’s Marine

97
Table 3 continued ...

Period of Variation Amendment(s)


Name of approval holder
Fuel quality

operation approval made(a)

1. Aquatic Festivals Australia 6 December Variation of the List of regulated


2. Associated Dirt Circuit Clubs of 2002 – Fuel Standard persons
South Australia 30 June 2005 (Petrol) extended on 29
3. Australian Auto-sport Alliance Determination September 2004
4. Australian Barefoot Racers Club 2001 to permit (GN46, 17
5. Australian Formula Jet Sprint the supply of November 2004)
Association Inc petrol with a
6. Australian Historic Motoring lead content
Federation Inc of greater
7. Australasian Jet Sports Boating than 0.005g/L.
Association Conditions
8. Australian National Drag Racing attached.
Association Inc
9. Australian Personal Watercraft
Association
10. Australian Power Boat Association
11. Australian Saloon Car Federation Inc
12. Australian Street Rod Federation
13. Australian Tractor Pullers
Association Inc
14. Circuit Ski Club
15. Confederation of Australian Motor
Sport Ltd
16. Drag Bike Racers Association
Australia
17. Dry Lake Racers Australia
18. Ipswich City Dirt Kart Club
19. Karratha Enduro and Motor Cross Club
20. Motorcycling Australia
21. National Association of Speedway
Racing
22. NSW Water Ski Association
23. Perth Tractor Pull Association Inc
24. Qld Racing Drivers Association
25. Qld Ski Racing Association
– Central Region Inc
26. Ski Racing Australia
27. SA Hot Rod Association Inc
28. Street Machine Association South
Australia
29. Territory Motor Sports Board
30. Victorian Speedway Council
31. West Coast Jet Sprint Club
32. WA Superkart Club Inc

98 Department of the Environment and Heritage Legislation Reports 2004–05


(a) A notice under section 17A concerning a decision to grant or amend an approval is published in the
Commonwealth Government Notices (GN) Gazette. A list of the approvals granted and amended is on the
department’s web site at www.deh.gov.au/atmosphere/cleaner-fuels/variations/index.html.

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’.

Monitoring and compliance activities


A monitoring programme continued during 2004–05 to test fuel industry
compliance with the fuel quality standards. Fuel samples were taken in all
states and territories of all grades of fuel covered by standards. The continuing
monitoring programme aims to take representative samples in each of the fuel
markets around Australia in addition to responding to fuel complaints made by
consumers.
Fuel sampling is undertaken at distribution terminals, depots, service stations
and other outlets. Samples are tested at a laboratory accredited by the National
Association of Testing Authorities, Australia for compliance with the standards.
Testing methods are accredited to international standards.
A new standard for biodiesel and changes to the chemical signature of diesel fuels
meant that new cetane testing technology was needed in Australia. The department
worked with the laboratory to purchase an ignition quality tester and install it in
Melbourne. With the commissioning of this machine, the department can properly
test for cetane levels in diesel and biodiesel fuels.
During 2004–05, 132 compliance incident reports were received and addressed.
Inspectors took 869 petrol and diesel samples from approximately 420 sites
nationwide. In comparison, during 2003–04 there were 822 samples from 400 sites,
and 120 compliance incident reports.
Test results indicate a high level of compliance with the fuel standards. Where non-
compliance with a standard is detected, further investigation is undertaken with
a view to prosecution where an offence can reasonably be proven. Discussions
commenced during the year with the Director of Public Prosecutions on four cases
that were referred for potential prosecution action.

99
Administrative Appeals Tribunal
The Administrative Appeals Tribunal received one application under section 70 of
Fuel quality

the Act for the review of a decision.


ET Racing Fuels Pty Ltd filed with the Administrative Appeals Tribunal on 5 August
2004, with the case dismissed on 1 September 2004 on the grounds that the tribunal
did not have jurisdiction to consider the application for review.

Communication with stakeholders


The department continued to work closely with industry and other stakeholders.
The department produced two issues of the Clean Fuels Bulletin, an electronically
distributed newsletter, and presented papers at four domestic and three
international meetings.

100 Department of the Environment and Heritage Legislation Reports 2004–05


Hazardous waste
Operation of the Hazardous Waste
(Regulation of Exports and Imports)
Act 1989
In accordance with section 61 of the Hazardous Waste (Regulation of Exports and
Hazardous waste

Imports) Act 1989, this report covers the operation of the Act from 1 July 2004 until
30 June 2005.

Object of the Act


The object of the Act is to regulate the export and import of hazardous waste
to ensure that exported or imported hazardous waste is disposed of safely so
that human beings and the environment, both within and outside Australia, are
protected from the harmful effects of the waste.
The Act was developed to enable Australia to comply with specific obligations
under the Basel Convention on the Control of the Transboundary Movements
of Hazardous Wastes and their Disposal, by regulating the export and import of
hazardous waste.
The Act was amended in 1996 to better align the scope of the Act with that of
the Basel Convention, enabling Australia to meet all its obligations under the
convention. The year under review, 2004–05, is the eighth full year in which the
amended legislation has been in force.

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.

102 Department of the Environment and Heritage Legislation Reports 2004–05


Regulations
Regulations made under the Act provide for:
• the setting of fees for permit applications
• the operation of arrangements under Article 11 of the convention (which allows
transboundary movements to take place between parties and non-parties or

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.

Contraventions, enforcement and suspension of permits


Enforcement action during the year
included the seizure of shipments of
electronic waste, household waste,
used lead acid batteries and lead dross.
The department audited shipments
of electronic waste, household waste,
copper slag and zinc sulphate.
The department has continued working
with industry to enhance controls on
electronic scrap exports. In April 2005,
Seized electronic waste. the department finalised criteria to
Photo: Greg Rippon. determine whether used electronic
equipment is or is not hazardous waste.

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

were published in the Commonwealth of Australia government notices gazette.

Correction of errors in the 2003–04 annual report


There are two corrections to last year’s annual report. The information concerning
the Administrative Appeals Tribunal on page 612 stated the date as 23 May
2004—this should be 23 May 2003. The direction from the tribunal is described as
a stay order—this should be corrected to ‘deferral’ in two instances in the same
paragraph.

104 Department of the Environment and Heritage Legislation Reports 2004–05


Table 1: Export permits granted in 2004–05

Quantity Period of
Applicant Type of waste, disposal operation and destination
(tonnes) permit

Tomago 22 000 19.07.04 – Spent pot linings residue contaminated with


Aluminium 20.03.05 cyanides from New South Wales for accumulation
Company of material intended for another disposal operation,

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.

Queensland 150 30.11.04 – Spent nickel molybdenum catalyst from


Energy 01.07.05 Queensland for recovery of components from
Resources catalysts at Aura Metallurgie GmbH, Am Ernst-
(Management) Schacht 3, 06311 Helbra, Germany. Via Singapore,
Pty Ltd Jeddah, Suez, La Spezia and Antwerp.

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

reclamation/regeneration at United Environmental


Ltd t/as Nuplex Environmental, 16-30 Neales Road,
East Tamaki, Auckland, New Zealand.

Northern 40 07.12.04 – Tin residue containing lead from Queensland


Smelters 31.10.05 for disposal by recycling/reclamation of metals
Pty Ltd and metal compounds at Metallo Chimique Int
NV, Nieuwe Dreef 33, B-2349, Beerse, Belgium. Via
Singapore, Port Klang, Suez, Damietta, Le Havre,
Southampton and Rotterdam.

Table 2: Import permits granted in 2004–05

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.

HydroMet 200 25.10.04 Selenium and precious metals from Norway


Corporation – 31.08.05 for recycling/ reclamation of metals and metal
Ltd compounds at MinMet Operations Pty Ltd, 25
School Drive, Tomago, New South Wales, 2322.

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.

GHD Pty Ltd 8.7 17.11.04 Organochlorine pesticides and polychlorinated


– 17.11.05 biphenyls from Samoa for physico-chemical
treatment not specified elsewhere in Annex IVA
at BCD Technologies Pty Ltd, 2 Krypton Street,
Narangba, Queensland 4504.

106 Department of the Environment and Heritage Legislation Reports 2004–05


Table 3: Variations to export permits granted in 2004–05

Quantity Period of
Applicant Variation
(tonnes) permit

Exide 36 000 17.11.04 – Vary permit granted on 13 August 2004 to Exide


Technologies 13.08.07 Australia Pty Ltd to require that furnace slag must
be immobilised by adding calcium dihydrogen

Hazardous waste
phosphate to convert heavy metal compounds
to insoluble phosphate compounds, and then
disposed of to landfill.

Mount Isa 6 400 07.12.04 – Vary permit granted on 26 November 2004 to


Mines Ltd 30.03.05 specify transport by barge at Antwerp.

Table 4: Variations to import permits granted in 2004–05

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

Qenos Pty Ltd 15 09.07.04 Aluminium alkyls and non-halogenated solvents


Processing from Victoria for incineration on land and
Hazardous waste

depositing the ash resulting from the incineration


into specially engineered landfill at Indaver NV,
Poldervlietweg, B-2030, Antwerp, Belgium. Via
Singapore, Port Klang, Suez, Southampton and
Rotterdam.

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.

Brambles 60 08.10.04 Used nickel cadmium batteries from New South


Industries Processing Wales for recycling/reclamation of metals and
Ltd t/as metal compounds at SNAM Viviez, BP4 Avenue Jean
Cleanaway Jaures, 12110 Viviez, France. Via Singapore, Jeddah,
Suez, Marsaxlokk, La Spezia, Tilbury and Hamburg.

Basell Australia 50 11.10.04 Non-halogenated solvents from Victoria for


Pty Ltd Processing disposal by repackaging prior to submission to
another operation followed by incineration on land,
and disposal to specially engineered landfill at AVR
CHEMIE B.V. Prof. Gerbrandyweg 10, NL – 3197 KK,
Rotterdam – Botlek, the Netherlands. Via Singapore,
Jeddah, Suez, Marsaxlokk, La Spezia, Tilbury and
Hamburg.

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.

108 Department of the Environment and Heritage Legislation Reports 2004–05


Table 5 continued ...

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.

Consolidated 80 20.12.04 Lead solder dross from Victoria for recycling/


Alloys Pty Ltd Processing reclamation of metals and metal compounds at
Hydrometal S.A., Zoning Industriele d’Ehein, 8-4490
Englis, Belgium. Via Singapore, Jeddah, Suez and
La Spezia.

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.

Table 6: Applications refused in 2004–05


Quantity Date
Applicant Type of waste, disposal operation and destination
(tonnes) refused

Repco Ltd 2.405 29.09.04 Automotive gaskets containing asbestos from


Repco Ltd for direct re-use by Repco New Zealand,
510 Mt Wellington Highway, Auckland, New
Zealand.

109
Hazardous waste

110 Department of the Environment and Heritage Legislation Reports 2004–05


Ozone protection
Operation of the Ozone Protection and
Synthetic Greenhouse Gas Management
Act 1989
This annual report is prepared in accordance with section 68 of the Ozone
Protection and Synthetic Greenhouse Gas Management Act 1989 and covers the
operation of the Act from 1 July 2004 until 30 June 2005.
Ozone depletion is a major global environmental problem. Left unchecked,
deterioration of the ozone layer will allow higher doses of ultra violet band B
Ozone protection

(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.

Objectives of the Act


The objectives of the Act are to:
• implement the provisions of the 1985 Vienna Convention for the Protection of
the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the
Ozone Layer
• institute specific controls on the manufacture, import, export, distribution and
use of ozone depleting substances
• encourage Australian industry to replace, and achieve a faster and greater
reduction in the use of ozone depleting substances
• control the manufacture, import, export and use of synthetic greenhouse gases
that are used to replace ozone depleting substances, to give effect to Australia’s
obligations under the United Nations Framework Convention on Climate Change
• promote the responsible use of ozone depleting substances and synthetic
greenhouse gas to minimise their impact on the atmosphere.

112 Department of the Environment and Heritage Legislation Reports 2004–05


Operational aspects of the Act
Key operational aspects of the Act are:
• licensing—the Act establishes a licensing system to enable Australia to meets
its requirements under the Montreal Protocol to phase out the use of ozone
depleting substances and establishes consistent requirements for synthetic
greenhouse gases that are used to replace ozone depleting substances:
- prohibits the import, export or manufacture of chlorofluorocarbon (CFCs),
halons, carbon tetrachloride, methyl chloroform, bromochloromethane
and hydrobromofluorocarbons (HBFCs) without an essential uses or used
substances licence

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.

114 Department of the Environment and Heritage Legislation Reports 2004–05


Outcomes
In total, 516 licences and exemptions had been issued by the end of 2003–04.
A further 138 were issued during 2004–05. During the year, 16 of these licences
have been either surrendered by the licensee or cancelled. There are currently 638
active licences:

Table 1: Active licences as at 30 June 2005

Type of licence Number

Import and export of HCFC 8

Ozone protection
Import and export of methyl bromide 6

Import and export of HFC and PFC 16

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.

Table 2: Licence and exemption fees


Ozone protection

Type of licence/exemption Fee

Controlled substances $15 000 per licence period

Essential uses $3 000 per licence period

Used substances $15 000 per licence period

Pre-charged equipment $3 000 per licence period

Section 40 $3 000 per exemption period

Levies on import and manufacturing activity under a controlled substance licence


are payable each quarter under the Ozone Protection and Synthetic Greenhouse
Gas (Import Levy) Act 1995 and the Ozone Protection and Synthetic Greenhouse
Gas (Manufacture Levy) Act 1995 according to the quantity and ozone depleting
potential of HCFCs imported or manufactured; or the quantity of methyl
bromide, HFC or PFC imported or manufactured (see Table 3). Australia has not
manufactured ozone depleting substances since 1996, and has never manufactured
HFCs or PFCs.

116 Department of the Environment and Heritage Legislation Reports 2004–05


Table 3: Activity fees

Licensed activity Fee

HCFCs import $3 000 per ODPa tonne

HFCs and PFCs import $165 per metric tonne

Methyl bromide import $135 per metric tonnea


a. Ozone depleting potential (ODP) is a comparative measure using CFC as a base level of 1.
For example one metric tonne of methyl bromide equals 0.6 ODP tonne.

Licence fees and levies are set at the level estimated to be the cost to the Australian

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

Activity Amount received ($)

Controlled substance licence fees:

• Methyl bromide licence fees 15 000


• HFCs licence fees 30 000
Ozone protection

Pre-charged equipment licence fees 501 000

Section 40 exemption fees 9 000

Levies

• HCFCs 301 326


• Methyl bromide 72 382
• HFC 349 400
• Pre charged equipment 761 440

National Halon Bank

• Commercial revenue 932 510

Total 2 972 058

Account Expenditure

Grants 15 500

Salary and administration 1 612 635

Total 1 627 135

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.

118 Department of the Environment and Heritage Legislation Reports 2004–05


No new projects were approved for funding under the Ozone Protection and SGG
Account in 2004–05, as programme priorities will need to be reassessed in light
of amendments to the Act in 2003 which expanded the scope of the account to
include synthetic greenhouse gases.

Implementation of end use Regulations


National end-use regulations have been implemented for the use of ozone
depleting and synthetic greenhouse gases in the refrigeration and air conditioning
and fire protection industries, and for control of methyl bromide as a feedstock and
its use as a fumigant for approved critical uses and quarantine and pre-shipment

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.

Montreal Protocol related activities

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.

Administrative Appeals Tribunal


No applications under section 66 of the Act, for review of a decision made by the
minister, were received by the Administrative Appeals Tribunal.

120 Department of the Environment and Heritage Legislation Reports 2004–05


Oil recycling
Operation of the Product Stewardship
for Oil Programme and the Product
Stewardship (Oil) Act 2000
This annual report is prepared in accordance with section 35 of the Product
Stewardship (Oil) Act 2000, and covers the operation of the Act and the operation
of the Product Stewardship for Oil Programme (formerly known as the Product
Stewardship Arrangements for Waste Oil) from 1 July 2004 to 30 June 2005.

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 during the year. An innovative programme to recycle household used


oil containers commenced and funding was provided for Australia’s first ever
hydrogenation plant to re-refine used oil to group II base oil. The outreach to
Indigenous communities in remote Australia commenced with a pilot project in the
Northern Territory. Output of re-refined oil increased by about 70 per cent during
2004–05, resulting in a 20 per cent increase in total benefits paid to recyclers of
used oil.

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.

122 Department of the Environment and Heritage Legislation Reports 2004–05


Key features of the Product Stewardship for Oil
Programme
The Product Stewardship for Oil Programme consists of an economic incentives
package (levy/benefit scheme) and a transitional assistance grants package.
The product stewardship oil levy was introduced on 1 January 2001 and is
currently set at 5.449 cents per litre of lubricant oil produced or sold in Australia.
The levy applies to both domestic and imported oils and is paid by oil producers
and importers. Under the levy arrangements, no oil is levied twice, no ‘eligible’
lubricant escapes the levy, imported and domestic oils are treated equitably, and
exported oil is not levied. The levy is collected as an excise by the Australian
Taxation Office and as customs duty by the Australian Customs Service.
Product stewardship benefits are paid to recyclers as a volume based incentive
to encourage increased oil recycling. Eligibility requirements for benefits are set
out in the Product Stewardship (Oil) Act 2000, the Product Grants and Benefits
Administration Act 2000 and associated Regulations. Benefits are provided at

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.

Table 1: Product stewardship benefit rates 2004–05


Benefit
Category
(cents per litre)
1. Re-refined base oil (for use as a lubricant or a hydraulic or transformer oil) 50
that meets the prescribed criteria (a)
2. Other re-refined base oils (for example, chain bar oil) 10
3. Diesel fuels to which the Excise Tariff Act 1921 applies 7
4. Diesel extenders (filtered, de-watered and de-mineralised) 5
5. High grade industrial burning oils (filtered, de-watered and de-mineralised) 5
6. Low grade industrial burning oils (filtered and de-watered) 3
7. Industrial process oils and process lubricants, including hydraulic and 0
transformer oils (re-processed or filtered, but not re-refined)
8. Gazetted oil consumed in Australia for a gazetted use 5.449
9. Recycled oil mentioned in item 5 or 6 that has been blended with a 9.557
petroleum product that meets the criteria mentioned in schedule 2
(a) The Regulations specify a health, safety and environment standard for re-refined lubricants that is consistent
with the current requirements for ‘virgin’ products. The basic requirement of this standard is to produce a non-
carcinogenic and non-toxic product.
Source: Product Stewardship (Oil) Regulations 2000 (as amended February 2005)

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.

Legislative basis of the Product Stewardship for Oil


Programme
The Product Stewardship for Oil Programme is underpinned by a package of
legislation including associated Regulations.
• The Product Stewardship (Oil) Act 2000 is the primary piece of legislation that
establishes the general framework and benefit entitlements. The policy settings
for the stewardship arrangements are established and governed by the Minister
Oil recycling

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.

Regulatory amendments to the product stewardship benefits


during 2004–05
In response to an issue raised during the review of the Product Stewardship
(Oil) Act 2000, the Government implemented a change to the Regulations in the
reporting period. This change clarifies the meaning of ‘re-refined base oil’ under

124 Department of the Environment and Heritage Legislation Reports 2004–05


categories 1 and 2 by providing a clear definition for ‘base oil’ and specifying the
eligible processes for ‘re-refined oil’. The amendment also includes flexibility
provisions, enabling the Minister for the Environment and Heritage to recognise
equivalent technologies as re-refining processes. This change, which came into
effect on 14 February 2005, reinforces the hierarchy of benefits, simplifies the
administration of the Regulations and provides clarity for industry beneficiaries.

Oil Stewardship Advisory Council


The Oil Stewardship Advisory Council provides advice to the minister on the
product stewardship mechanisms and their operation, and on the oil recycling
and oil production industries and markets. Part 3 of the Product Stewardship
(Oil) Act 2000 establishes the council. Members are drawn from a range of
backgrounds so that the oil producing and recycling industries, state and local
governments, consumers, and other non-government interests are appropriately
represented and can contribute to formulating advice on the Product Stewardship
for Oil Programme. The Department of the Environment and Heritage and the

Oil recycling
Commissioner of Taxation represent the Australian Government.

Table 2: Membership of the Oil Stewardship Advisory Council as of


30 June 2005

Member Representing

Mr Mike Williamson Chairman

Mr Rory Collins Commissioner of Taxation

Mr Peter Burnett Department of the Environment and Heritage

Mr Ewen Macpherson Australian Institute of Petroleum

Mr Bob Pullinger Australian Oil Recyclers Association

Mr Gary O’Connor Environment Protection and Heritage Council

Mr Mark Borlace Royal Automobile Association of South Australia

Mr Paul Howlett Waste Management Association of Australia

Ms Catherine Halliday Additional member (community representative)

Mr Harold Grundell Additional member (oil recycler)

Mr Fred Wren Additional member (oil recycler)

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

with audits on two companies completed during 2004–05. Information on


registering for benefit payments can be obtained from the Australian Taxation
Office fuel schemes web site at www.ato.gov.au/businesses.

Product stewardship levy


In 2004–05 total revenue collected from the product stewardship levy was
$25.8 million, comprising $21.1 million in excise collection on domestic production
and $4.7 million in customs duty on imported oils. An amount of $0.7 million was
paid back to clients in the form of drawbacks (for export) and refunds, bringing the
balance of revenue from the levy to $25.1 million.
Levy collections are recorded against a number of categories based on the type
of oil, and customs duty is recorded under international customs classifications.
Tables 3 and 4 show excise and customs tariff collections for 2004–05 by category.

126 Department of the Environment and Heritage Legislation Reports 2004–05


Table 3: Product stewardship levy collection (excise) by category 2004–05

Item number Category Levy collected

1501 Lubricant base oil $3 863 451

1502 Prepared lubricant additives $976 003

1503 Engine lubricant $8 690 924

1504 Gear, transmission, transformer and heat transfer oils $3 483 174

1505 Hydraulic and brake fluids $2 173 416

1506 Metal working and process oils $823 953

1507 Lubricant base oils (recycled) $494 871

1508 Prepared lubricant additives (recycled) 0

1513 Petroleum based greases and synthetic equivalents $577 595

Total $21 083 387

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

Item number Category Levy collected

27101991 Petroleum based oils including lubricants, hydraulic fluids and $2 378 049
transformer oils

27101992 Petroleum based greases $173 024

27109191 Petroleum based oils including lubricants, hydraulic fluids and $8 034
transformer oils

27109192 Petroleum based greases $892

27109991 Petroleum based oils including lubricants, hydraulic fluids and $101 378
transformer oils

27109992 Petroleum based greases $14 630

34031110 Preparations for the treatment of textiles, containing $1 083


Oil recycling

petroleum oils, solid

34031190 Preparations for the treatment of textiles, containing $5 154


petroleum oils, liquid

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

34039110 Preparations for the treatment of textiles, containing $7 988


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

38190000 Hydraulic brake fluids $51 487

Total $4 724 254


Please note the total amount may differ slightly from the sum of the components due to rounding.

128 Department of the Environment and Heritage Legislation Reports 2004–05


Product stewardship benefits
A total of $15.7 million was paid as product stewardship benefits in 2004–05, with
$13.7 million paid to recyclers for the recycling of used oil. This is an increase of
almost 20 per cent on total benefit payments made in 2003–04. This increase is
partly attributable to an increase in category 1 benefits—the volume of used oil
being re-refined has increased by almost 70 per cent from approximately
5.5 million litres in 2003–04 to over nine million litres in 2004–05.
The volume of oil on which benefits were paid in 2004–05 was 220 million litres,
compared to 233 million litres in 2003–04. While this constitutes a slight drop in
overall volumes of used oil recycled, the reporting period is too short to establish
a reliable trend. Industry estimates that 150 to 165 million litres of oil were being
recycled annually prior to commencement of the Product Stewardship for Oil
Programme in 2001.
Figure 1 shows the increase in the volume of used oil recycled since the
commencement of the programme. Table 5 provides a breakdown by product
category for 2004–05, indicating volumes recycled and benefit payments provided.

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

2. Other re-refined base oils $53 461 534 610

3. Diesel fuels to which the Excise Tariff Act 1921 applies $1 204 763 17 210 898

4. Diesel extenders (filtered, de-watered and de-mineralised) 0 0

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

7. Industrial process oils and lubricants, including hydraulic 0 Data not


and transformer oils (re-processed or filtered, but not available
re-refined)
Oil recycling

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

Total $15 694 967 252 116 902


(a) Benefits paid under categories 8 and 9 do not contribute to the overall volume of used oil recycled

Transitional Assistance Grants Programme


Transitional assistance funding is provided under the Product Stewardship for Oil
Programme to facilitate projects that remove structural barriers to oil recycling,
such as lack of adequate infrastructure or technology. When the funding ends,
$34.5 million will have been provided over seven years (2001–2007).

130 Department of the Environment and Heritage Legislation Reports 2004–05


Table 6:Transitional assistance funding

Financial year $ million

2000–01 (Jan. to June 2001 only) 1.323


2001–02 2.581
2002–03 8.826
2003–04 6.400
2004–05 5.537
2005–06 5.393
2006–07 4.440
Total 34.5

Priority areas identified for funding include:


• improving the environmentally responsible management of waste oil
• general waste oil market development and expansion

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.

Collection infrastructure 2004–05


This initiative aims to establish a
nationwide network of used oil
collection facilities at local government
sites throughout Australia. It comprises
two components—direct grants to
local governments through the Local
Government Waste Oil Collection
Infrastructure Small Grants Programme
Tailem Bend waste oil collection facility in
South Australia. and grants to state-based agencies under
Photo: M Jeffery the State Partnership Programme.

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

these facilities is available at www.oilrecycling.gov.au.

Public awareness raising


As the national network for the collection of used oil nears completion, a concerted
public awareness campaign was considered necessary to inform the public of its
existence and to encourage individuals and industry to dispose of used oil in an
environmentally responsible manner.
A national advertising campaign ran from May 2004 to October 2004 with
advertisements on radio, in newspapers, magazines and on selected internet sites.
Information was provided also in Arabic, Chinese, Greek, Italian, Spanish and
Vietnamese.
A series of 17 educational segments was produced for screening on a television
programme titled On the land at no cost to the Product Stewardship for Oil
Programme. The segments focused on how local government and communities
around Australia have dealt with used oil and the benefits they have achieved by
participating in the Product Stewardship for Oil Programme. The segments were
screened from September 2003 until mid-2005.

132 Department of the Environment and Heritage Legislation Reports 2004–05


Technologies
A $2.5 million multi-year grant was provided to the Australian Institute of
Petroleum in the reporting period to establish nationwide infrastructure for the
collection and recycling of household plastic oil containers. This is a first in
Australia and the project will continue until 2007.
A $2 million multi-year grant was provided to Transpacific Industries Pty Ltd in the
reporting period to establish Australia’s first hydrogenation plant to re-refine used
oil to a group II base oil. The grant will increase Australia’s re-refining capacity by
200 per cent.
An earlier grant to Australia’s other re-refining plant that produces group I base oil
(Southern Oil Refinery) has paid off, and plant output is now close to full capacity
with an annual production of nine million litres of re-refined group-I base oil.

Remote and Indigenous projects

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.

Monitoring and Evaluation


Monitoring and evaluation are an ongoing programme responsibility and have
revealed areas where remedial action was required, for example, an inappropriate
collection facility on Thursday Island which has now been rectified.
Two reviews of the Product Stewardship for Oil Programme were conducted
during 2003-04. The Australian Government response to the recommendations
Oil recycling

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.

134 Department of the Environment and Heritage Legislation Reports 2004–05


Movable heritage
Operation of the Protection of Movable
Cultural Heritage Act 1986
This annual report is prepared in accordance with section 47 of the Protection of
Movable Cultural Heritage Act 1986 and covers the operation of the Act from
1 July 2004 to 30 June 2005.

Purpose of the Act


The Act regulates the export of cultural heritage objects from Australia. The
purpose of the Act is to protect, for the benefit of the nation, objects which
if exported would significantly diminish Australia’s cultural heritage. The Act
also includes provisions that allow Australia to respond to an official request
by a foreign government to return objects that have been illegally exported in
contravention of their cultural heritage laws.
The Act defines certain heritage objects as ‘Australian protected objects’ and
implements a system of export control. Some Australian protected objects of
Aboriginal, military heritage and historical significance cannot be granted a permit
Movable heritage

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.

National Cultural Heritage Control List


The National Cultural Heritage Control List sets out the categories of objects classed
as Australian protected objects and the criteria defining each of these categories.
These criteria include historical association, cultural significance to Australia,
representation in an Australian public collection, age and financial thresholds.
The Control List includes Class A and Class B objects.
Class A objects can only be exported where they have previously been imported
under a Certificate of Exemption, and include:
• some of the most significant items of Aboriginal and Torres Strait Islander heritage:
- bark and log coffins
- human remains

136 Department of the Environment and Heritage Legislation Reports 2004–05


- rock art
- dendroglyphs (carved burial and initiation trees)
- sacred and secret ritual objects.
• Victoria Crosses awarded to Australian recipients
• the objects comprising the suit of armour worn by Ned Kelly at the event
known as the siege of Glenrowan in 1880.
Class B objects which may be exported subject to a permit include:
• archaeological objects
• objects of Aboriginal and Torres Strait Islander heritage not covered under Class A
• natural science objects
• objects of applied science or technology
• objects of fine or decorative art
• objects of documentary heritage
• numismatic objects and medals not covered under Class A
• philatelic objects
• objects of historical significance not covered under Class A.

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

return of illegally exported Chinese


fossils. In 2004 fossils including
dinosaur eggs, fish and mammals (above), were seized in response to this Chinese
request. The department also received a request from Argentina about illegally
exported fossils and some Argentine fossils were seized as a result.
Other investigations are ongoing.

National Cultural Heritage Account


The National Cultural Heritage Account was established under section 25 of the
Protection of Movable Cultural Heritage Amendment Act 1999 and in accordance
with the regulatory requirements of the Commonwealth Financial Management
and Accountability Act 1997. Its purpose is to facilitate the acquisition of
Australian protected objects for display or safekeeping.

138 Department of the Environment and Heritage Legislation Reports 2004–05


A total of $185 000 was allocated at Additional Estimates to the account in 2004–05
and the account will be maintained at a level of $0.5 million through annual
top-ups as necessary.
Six applications were considered during 2004–05. The minister approved $150 000
for the National Museum of Australia in Canberra to acquire the Holden Prototype
Car No. 1, 1946. Five applications are still being processed.
The Australian Sugar Museum also received funding of $32 000 in 2004–05 for a
c. 1911 Colonial Marshall Class C Oil Tractor.

Export permit applications


A total of 1679 objects were assessed under 149 applications (including 15 requests
for letters of clearance) during 2004–05. A statistical summary of all applications
processed in 2004–05 is at Appendix 1. The objects included in the applications are
listed at Appendix 2.
There were 19 applications covering 42 objects under consideration at 1 July 2004
and 23 applications covering 46 objects under consideration at 30 June 2005.

Permits for permanent export (including conditional permits)

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.

Permits for temporary export


Thirteen permits were issued to allow the temporary export of 72 Australian
protected objects for exhibition or assessment purposes. Objects included:
• 28 philatelic exhibits
• 8 Papunya boards
• 2 railings and 2 iron hinges approx 170 years old, ex Myall Creek
• 32 Australian Aboriginal artworks and artefacts.

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

Six applications were withdrawn in the year under review.

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.

140 Department of the Environment and Heritage Legislation Reports 2004–05


Refusal of export permits
Five objects were refused an export permit during 2004–05. These were:

Object Date of decision

An1884 Fowler Steam Traction Engine Works No. 4841. 6.09.04


This traction engine is the oldest surviving six nominal horsepower
compound Fowler two-speed traction engine in Australia. This type of
traction engine was one of the first to be employed in the Victorian forestry
and road transport industries from around 1880 to the 1940s. Throughout
this period steam road locomotives represented the supreme form of motive
power available to Australian industry and this engine has the potential to
contribute to a wider understanding of the use of steam power in Australia.
The provenance of this engine is well established with the Nicholas family of
Echuca from 1884 until 1962 and adds to the significance of the engine. This
is believed to be the best preserved (unrestored) pre-1890 Fowler traction
engine of any type in Australia. No other examples of this type of traction
engine are in any Australian public collection.

A 1937 Lockheed 10A Electra aircraft, registration number VH-UZO. 6.09.04


This is the original aircraft used by Ansett in 1937 to start its fledgling
commercial operations. It is the only identified surviving pre-WWII Ansett

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 ...

Object Date of decision

A 1920 Foden Steam Wagon, Works No. 9734. 24.12.04


This steam wagon is one of only five known surviving Foden steam wagons
in Australia, none of which are in public collections.
Foden steam wagons were one of the most popular makes of steam wagon
used in Australia and this wagon is the archetypal version of an ‘overtype’
configuration in which the engine sat over the boiler. This configuration
became synonymous with the name Foden. Later steam wagons adopted
the ‘undertype’ configuration. The vehicle is a good representative example
of the type and affords a valuable reference which can inform future
generations about the standard of technology and road transport of the
period. The wagon is structurally authentic. The original wheels are still with
the owner and refitting the wheels would add to the vehicle’s authenticity.
The wagon illustrates the period of automotive transition from animal
power (horses/bullocks) to the internal combustion engine. As a form of
automotive power, the steam wagon is important to the development
of road transportation in Australia as it allowed haulage of much heavier
loads than could be horse-drawn. Because of this, these engines played an
important role in the expansion of road transport networks and the resultant
economic and social development of rural communities.
Movable heritage

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.

142 Department of the Environment and Heritage Legislation Reports 2004–05


Continued ...

Object Date of decision

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.

A 1905 McLaren Steam Traction Engine, Builder’s No. 705. 24.12.04


The engine is the oldest known compound McLaren traction engine in
Australia. The adoption of the compound engine design was one of the
most significant technological advances in building steam traction engines
and McLaren’s were one of the first English firms to introduce compound
engines into Australia. As a result, this engine has significant technological
importance as an object of Australia’s cultural heritage, which is enhanced by
the impact steam traction engines had on the development of agriculture in
Australia between 1884 and 1914.
As late as 2001 this engine was rigged to work artesian bore drains,
demonstrating one of the many uses to which steam traction engines were
applied in Australian primary production. The engine’s role in the application
of artesian water to primary industry serves as a tangible link to the early
development and utilisation of subterranean water in Australia.
The engine also has a provenance to the prominent grazier Mr E J
Beardmore, who was a Member of the Queensland Legislative Assembly, and
probable links to the Griffiths family of Toowoomba and their ‘Toomaroo’
pastoral enterprise. The Griffiths were also the founding owners of the
Toowoomba Foundry that produced the famous ‘Southern Cross’ windmills,
diesel engines, and bore drilling equipment.

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

Ms Jennifer Sanders, Associate Director, Powerhouse Museum, Sydney,


from 4 May 2000
Ms Kylie Winkworth, Museum and Heritage Consultant, NSW, from 12 August 2002
Ms Avril Quaill, Associate Curator, Indigenous Australian Art, Queensland Art
Gallery, from 1 October 2002. (During the year Ms Quaill became Principal Project
Officer, Queensland Indigenous Arts Marketing and Export Agency.)
Mr Bill Bleathman, Director, Tasmanian Museum and Art Gallery,
from 25 February 2003
Dr Susan Marsden, historian, South Australia, from 23 April 2004
The committee held telephone conferences on 11 August 2004, 7 December 2004,
13 April 2005 and 18 May 2005 to consider contentious applications and issues
under the Act. A considerable volume of committee business was conducted out
of session, including the consideration of export applications and formulating
recommendations and advice to the minister.
Committee-related expenditure for 2004–05 was $7 735.34 for sitting fees.

144 Department of the Environment and Heritage Legislation Reports 2004–05


Register of Expert Examiners
The Register of Expert Examiners was maintained by the committee in accordance
with section 22 of the Act. The committee continually seeks to invite individuals
with appropriate expertise to join the register to ensure that it is balanced,
comprehensive and representative.
The committee wishes to express its sincere gratitude to the expert examiners, who
are not paid, for giving the benefit of their wide experience and practical support
throughout the year. Their specialised knowledge and advice in preparing reports
for consideration by the committee and the minister are vital in the protection of
Australia’s significant movable cultural heritage, as is the specialist advice they
provide to the Australian Customs Service and the Australian Federal Police.

The UNESCO convention


There are 104 parties to the UNESCO (United Nations Educational, Scientific and
Cultural Organization) Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970).
The Act was passed as the necessary implementing legislation prior to Australia’s
accession to the convention, which occurred on 30 January 1990.

Movable heritage

145
Appendix—Summary of export
applications and assessments 2004–05
Export applications 2004–05

Objects Applications

Applications brought forward as at 1 July 2004 42 19

Applications received during 2004–05 200 115

Active applications during 2004–05 242 134

Applications finalised during 2004–05 253 111

Applications carried over as at 30 June 2005 46 23

Outcomes of applications finalised 2004–05 1

Objects Outcomes
Movable heritage

Permanent export permits issued 27 182

Temporary export permits issued 72 13

Letters of Clearance issued 105 54

Certificates of Exemption issued 38 15

Permits refused 5 5

Applications withdrawn 6 6

Total outcomes 2004–05 253 111


1. An application may have more than one outcome. For example, an application covering three objects may result in
one object being an Australian Protected Object, thereby requiring an export permit, and the remaining two objects
being non- Australian Protected Objects which results in a Letter of Clearance being issued.
2. Including one conditional export permit covering one object.

146 Department of the Environment and Heritage Legislation Reports 2004–05


Letters of Clearance—non-application 2004–05
Fifteen additional Letters of Clearance were issued covering 1 380 objects. These
resulted from assessments of objects without a formal application being lodged.

Variations processed 2004–05


One variation to a permit/Certificate of Exemption was processed covering one
object.

Total assessments actioned during 2004–05


A total of 149 assessments were actioned covering 1 679 objects.

Movable heritage

147
Appendix 2—Permits issued in 2004–05
Permanent permits – description Finalised

c. 1910 McLaren Traction Engine (parts) 27.08.2004

Papunya Board: Untitled, 1971 by Old Tutuma Tjapangarti 25.11.2004

Papunya Board: Mala (Wallaby) Dreaming, 1971 by Johnny Warangkula Tjupurrula 25.11.2004

Papunya Board: Emu Story, 1971 by Kaapa Mbitjana Tjampitjinpa 25.11.2004

Papunya Board: Untitled, 1972 by John Kiparra Tjakamarra 25.11.2004

1952 Baguley & Drewry Narrow Gauge Diesel Locomotive 6.12.2004

1924 Fowler Narrow Gauge Railway Locomotive 7.12.2004

1901 Fowler 7 HP Steam Traction Engine 15.12.2004

c. 1901 Fowler 8HP Steam Traction Engine 15.12.2004

1908 Fowler 8HP Steam Traction Engine 15.12.2004

1916 Hunslet Steam Locomotive 22.12.2004

Papunya Board: Maggie Springs, 1972 by Charlie Taruru Tjungurrayi 14.04.2005


Movable heritage

Creation of the Milky Way, c. 1960 Attributed to Thomas Amagula 14.04.2005

Copulating Mimihs, c. 1962 by Yirawala 12.05.2005

Kundaagi The Red Plains Kangaroo, 1963 by Yirwala 12.05.2005


Skeletal Remains of Kundaagi, 1964 by Yirwala

Two Mimi Figures, c. 1957, Artist Unknown 12.05.2005

Mimih Mourning, 1958 by Yirawala 13.05.2005

Gundaring meteorite specimen, Kumerina meteorite specimen, Redfields 21.06.2005


meteorite specimen, Wonyulgunna meteorite specimen, Milly Milly meteorite
specimen, Youndegin meteorite specimen, Mt Magnet meteorite specimen,
Warburton Ranges specimen

148 Department of the Environment and Heritage Legislation Reports 2004–05


Temporary permits – description Finalised

Papunya Board: Untitled by Pinta Pinta Tjapanangka 1.09.2004


Aboriginal Painting: Untitled, c. 1971–72, Artist Unknown
Papunya Board: Wallaby Tracks, 1976 by Tim Leura Tjapaltjarri
Papunya Board: Women’s Dreaming, 1974–75 by Turkey Tolson Tjupurrula
Aboriginal Painting: Untitled, 1972 by Charlie Egalie Tjapaltjarrie
Papunya Board: Honey Ant Dreaming, 1981 by Mick Tjakamarra
Aboriginal Painting: Pau Country Bedford, 1984, by Anatara - Anatjari (No. 3) Tjakamarra

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

2 Rainforest Shields, early C20th, north-east Queensland. 11.10.2004


Wunda Shield, early C20th, Western Australia
Engraved Shields, early C20th, Western Australia
2 Engraved Boomerangs, early C20th, western NSW, or central Queensland
Rainforest Club, early C20th, Queensland
3 Engraved Boomerangs, early C20th, western NSW or central Queensland
Pineapple Headed Club, early C20th, Queensland

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

Wooden Fence Railings, Iron Hinges, ex Myall Creek 25.11.2004

Aboriginal Shield, Aboriginal Nulla Nulla, Aboriginal Spear 15.03.2005

Wanjina, c. 1979 by Alec Mingelmangan 16.05.2005

Aborigines - First Time Drinking Alcohol by Naranolge 16.05.2005

Wanjina, c. 1970, by Charlie Numbulmoore 16.05.2005

Spearing Fish and Black Swans, c. 1890 by Tommy McRae 16.05.2005

Murray River Tribe War Dance (Before the Fight), c. 1890s by Tommy McRae 16.05.2005

Bark Painting: Spirit Figures, c. 1960 16.05.2005

North East Queensland Rainforest Shield 16.05.2005

North East Queensland Bi-Cornial Basket 16.05.2005

149
Certificates of Exemption – description Finalised

Wooden Sculpture Human Figure, 1963 by Yirawala 24.08.2004


Bark Painting by Yirawala, Bark Painting by Jimmy Midjawmidjaw
Wooden Sculpture by Paddy Compass Namatbara
Wooden Sculpture by Jimmy Midjawmidjaw

Bark Painting: Untitled, c. 1960s by January Nangunyari-Naniridali 2.09.2004

Oil Painting by George Lambert 3.09.2004

Autograph Manuscript Journal of Captain Charles Sturt’s Expedition 26.10.2004

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: Children’s Story, 1972 by David Corby Tjapaltjari 9.02.2005

Papunya Board: Untitled, c. 1973 by Tim Leura Tjapaltjarri 9.02.2005

Bark Painting: The Seagull, 1962 by Mawalan Marika 9.03.2005

Papunya Board: Untitled, 1973 by Tim Leura Tjapaltjarri 9.03.2005

Papunya Board: Rock Wallaby, 1973 by Long Jack Phillipus Tjakamarra 9.03.2005
Movable heritage

Papunya Board: Many Stories, 1973 by Tim Leura Tjapaltjarri


Papunya Board: Untitled, 1973 by Charlie Tararu Tjungurrayi
Papunya Board: Tingari Story, 1973 by Uta Uta Tjangala, 6 Papunya Boards

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

Stamp Collection including British and Australian Stamps 27.04.2005

Papunya Board: Untitled, c. 1972 by Yala Yala Gibbs Tjungurrayi 1.06.2005


Papunya Board: Man’s Corroboree Story’, c. 1972, by Freddy West Tjakamarra

150 Department of the Environment and Heritage Legislation Reports 2004–05


Water efficiency
Operation of the Water Efficiency Labelling
and Standards Act 2005
This annual report is prepared in accordance with section 75 of the Water
Efficiency Labelling and Standards Act 2005. It covers the operation of the Act
from 18 February 2005 to 30 June 2005.

Objects of the Act


The objects of the Act are to conserve water
supplies by reducing water consumption, to
provide information for purchasers of water-use
and water-saving products (right), and to promote
the adoption of efficient and effective water-use
and water-saving technologies.
The Australian Government formulated the
Water Efficiency Labelling and Standards (WELS)
scheme in collaboration with state and territory
governments to introduce national mandatory
water efficiency labelling and minimum
performance standards for household water-using
products. The scheme is administered by the A new water efficiency label
will show consumers the
regulator, being the secretary of the Department of water efficiency of common
Water efficiency

the Environment and Heritage. appliances.

WELS intergovernmental agreement


A Water Efficiency Labelling and Standards Agreement was developed by the
Australian Government and the states and territories and commences upon
execution by the Australian Government and two other parties, including at least
one state. Currently Victoria has executed the agreement.
The agreement encourages each state and territory government to submit
legislation to its Parliament by June 2005 to form part of the scheme, in order to
ensure that the scheme applies consistently to all persons, things and activities
within Australia.
To date, New South Wales, Victoria and the Australian Capital Territory have enacted
corresponding water efficiency labelling and standards legislation, and Tasmania
has introduced the Water Efficiency Labelling and Standards Bill to its parliament.

152 Department of the Environment and Heritage Legislation Reports 2004–05


Regulations
The Water Efficiency Labelling and Standards Regulations 2005 were developed
under section 77 of the Act and introduced to the Australian parliament on
31 May 2005. Regulations made under the Act will:
• clarify which decisions made by the regulator under a corresponding state-
territory law are reviewable by the Administrative Appeals Tribunal
• prescribe the circumstances in which a person other than the manufacturer of a
WELS product may be taken to be the manufacturer of the product
• set out procedures for the issuing and payment of penalty infringement notices
as an alternative to prosecution for offences against the Act
• specify the information to be included on an identity card issued to a WELS
inspector.

Determinations, standards, and registrations


The minister has made one determination since commencement of the Act—the
Water Efficiency Labelling and Standards Determination 2005. Under this
determination, a product of any of the following categories of water-use or water-
saving products is a WELS product if the WELS standard applies to it:
• showers
• dishwashers
• clothes washing machines

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.

Infringement notices, enforceable undertakings,


injunctions and penalties
The regulator was not required to take any enforcement action during 2004–05.
Water efficiency

154 Department of the Environment and Heritage Legislation Reports 2004–05


Index
A Antarctica, 45, 48
Aboriginal Australians, see Indigenous appeals against decisions, 54–5
Australians/communities see also Administrative Appeals Tribunal
Aboriginal Tent Embassy, Canberra, 47 Appropriation (Supplementary Measures) Act
accredited state/territory assessments, 11, 62, 66, (No. 2) 1999, 124
68–9 approvals, 8–9, 18–20, 57, 62, 63–4
activity category, referrals by, 60 fuel quality, 90–9, 100
sea dumping permits, 10
Acts, see legislation
see also permits
Additional Estimates, 139
Approvals and Wildlife Division, 50, 52
Adelie penguins, 35
aquaculture, 17, 20, 42
Administrative Appeals Tribunal, 120, 154
Argentina, 138
fuel quality, 100
artworks and artefacts, 139, 140, 143, 148–50
hazardous waste, 104
artificial propagation programmes, 42
kangaroo management plans, 41
assessments, 11, 16–17, 23, 57, 62, 64–9
Southern Bluefin Tuna Fishery, 55
cetacean permits, 36, 71
Administrative Decisions (Judicial Review) Act
Chevron Texaco Barrow Island proposal, 10
1977, 54–5
strategic, 21–2
Administrative Guidelines on Significance, 20
threatened species and ecological
advertising campaigns, 132
communities, 24, 27, 70
advice requests, 9–10, 63
atmosphere, 112–20
advisory committees, 27–8, 75–8 audits, 19–20
fuel quality, 87, 88–90 by Australian Taxation Office, 126
movable heritage, 144 Shoalwater Bay Training Area Strategic Plan
oil product stewardship, 125, 134 (1996), 9
see also Threatened Species Scientific see also monitoring and compliance
Committee Australasian Environment Law Enforcement
Agreement between the Government of Australia Conference, 50
and the Government of the People’s Republic Australasian Environmental Law Enforcement
of China for the Protection of Migratory Birds and Regulators Network, 50–1
and their Environment, 33 Australia Government decision makers, requests
Agreement between the Government of Australia for advice from, 9–10, 63
and the Government of Japan for the Protection Australian and New Zealand Standards, 153
of Migratory Birds in Danger of Extinction and Australian Antarctic Division, 32, 34–5
their Environment, 33 Australian Capital Territory, 36–7
Agreement on the Conservation of Albatrosses Commonwealth heritage places, 47, 48
and Petrels, 34 critical habitats, 32
agriculture, 26, 138, 139 referrals and referral decisions, 59
land clearing, 20, 52 water efficiency, 152
Index

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

migratory, 33, 34: wildlife conservation CITES, 39, 40–1


plans, 39 Clean Fuels Bulletin, 100
permits, 32 climate change, 28, 112, 113
recovery plans, 36, 37 clothes washing machines, 153
threat abatement planning, 38, 39 coal mining, 20
blood parrot cichlid, 41 Cocos (Keeling) Islands, 9, 23, 47, 59
Blue Lake, 49 collection of oil for recycling, 131–2
blue whale, 37 Colonial Marshall Class C Oil Tractor, 139
bluefin tuna, 55 commercially fished species, 24, 27
Bool and Hacks Lagoon, 49 Commissioner of Taxation, 125
Brewarrina Fish Traps, 45 Commonwealth Director of Public Prosecutions
Brisbane Airport, 9 referrals, 50, 52, 99
Britain, 40 Commonwealth Heritage List, 43, 46–8

156 Department of the Environment and Heritage Legislation Reports 2004–05


Commonwealth land/actions, 8–10, 18–19, 61 Department of Industry, Tourism and Resources,
critical habitats, 32 21, 85
guidelines, 20 diesel fuel, 84–6, 99
species inventories, 29 product stewardship benefits, 123, 130
Commonwealth marine environment, see marine diesohol, 86
environment Dinosaur Stampede National Monument, 45, 46
communication with stakeholders, 22–4, 26, 56 Director of Public Prosecutions referrals, 50, 52, 99
see also publications; workshops and dishwashers, 153
presentations DNA protocol, great white shark, 40
compliance, see monitoring and compliance dolphins, 17, 35, 40
compliance assurance project, 51–2 draft public environment reports, 23
compressed natural gas, 87 dredging, 10, 20
conditional permanent export permits, 139 dugongs, 17, 34
conditions attached to approvals, 18–20, 62
conferences, 50
international, 34, 100, 102
E
see also workshops and presentations E-diesel, 86
conservation agreements, 42–3 ecological communities, 9, 30–1, 36, 70
conserving biodiversity, 29–43, 70–3 ecologically sustainability reporting, 56
see also threatened species and ecological Electra aircraft, 141
communities electronic waste, 103
consultation registers, 27 elephant seals, 37
consultative mechanisms, see advisory emergency Commonwealth Heritage listings, 47
committees emergency National Heritage listings, 45–6
controlled actions, 7–10, 13–20, 57–69 emission standards, 86
reviews of decisions, 54–5 end-use regulations, 113, 119
see also approvals; assessments; referrals endangered species, see threatened species
controlled substances licences, 113, 114, 116, 118 Endangered Species Protection Act 1992, 30
Convention on International Trade in enforcement, see monitoring and compliance
Endangered Species of Wild Fauna and Flora, engines, 138, 141, 143
39, 40–1 Environment Investigations Unit, 50, 53
conventions, see international conventions and environment protection, 2–81
agreements Environment Protection (Sea Dumping)
cooperative conservation programmes, 42 Act 1981, 10
Coral Sea Pearls Pty Ltd, 17 environmental impact statements, 62, 65, 67, 79
correction of errors in 2003–04 annual report, 104 Chevron Texaco Barrow Island proposal, 10
‘Corroboree for Young Men’, 143 environmental standards, fuel, 84–5
courts, see prosecutions and litigation EPBC Act Information Officer, 26
crocodile eggs, 34 EPBC Act Protected Matters Search Tool, 23
crocodiles, 54 EPBC Unit, 26
Cumberland Plain, 9 errors in 2003–04 annual report, 104
Customs officers, see Australian Customs Service essential uses licences, 113, 114, 115, 116
Index

Customs Tariff Amendment (Product ET Racing Fuels Pty Ltd, 100


Stewardship for Waste Oil) Act 2000, 124 ethanol, 87
Eureka Stockade Gardens, 45
D Evaluation of Biological Diversity Outcomes in
Dasycercus cristicauda, 33 the Natural Heritage Trust and National Action
databases, 19 Plan for Salinity and Water Quality Regional
threatened species and ecological Investment, 28
communities, 23, 29 Excise Tariff Amendment (Product Stewardship
whale and dolphin strandings, 35 for Waste Oil) Act 2000, 124
Department of Defence, 8–9, 18–19, 21 exemptions, ozone licensing (section 40), 114,
Belconnen Naval Transmission Station, ACT, 32 115, 116, 118
exemption on national interest grounds, 10 exemptions on national interest grounds, 10
heritage strategy, 48 expenses, see operating expenses

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

158 Department of the Environment and Heritage Legislation Reports 2004–05


Home Island, 9, 23 international technical assistance, 120
household plastic oil containers, 133 internet site, 22–4, 26, 56
Humane Society International, 55 interpreters, 23
humpback whale, 17, 37 invasive species, 31–2, 38, 39
humphead Maori wrasse, 40 biological control agents, 42
hydrobromofluorocarbons (HBFCs), 113 inventories, 29
hydrochlorofluorcarbons (HCFCs), 113, 115, investigations, see monitoring and compliance
116–17, 118 iron hinges, 139
Beijing Amendment, 120 Irrawaddy dolphin, 40
hydrofluorocarbon (HFCs), 113, 114, 115,
116–17, 118 J
hydrogenation plant, 133 JAMBA, 33
Hypancistrus zebra, 41 Japan, 33
Jervis Bay, 47
I judicial reviews, 54–5
illegal trade, 53
movable heritage, 138 K
Iluka Resources Ltd, 14–15 Kakadu National Park, 32, 54
import permits Kakadu World Heritage Management Plan, 44
hazardous waste, 106, 107 kangaroo management plans, 41
ozone depleting substances, 114–18 key threatening processings, 31–2, 70
wildlife, 41 koalas, 27
imports, see trade Korea, 33
incidental catch (by-catch), 24, 38 Kurnell Peninsula, 45, 46
income, see finance
India, 40, 120 L
Indian Ocean, 33–4 labelling, 152–4
Indian Ocean–South East Asian Memorandum of Lake Coondah, 45, 46
Understanding on Sea Turtles, 33 Lake Quarry Dinosaur Stampede National
Indigenous Advisory Committee, 28, 77 Monument, 45, 46
Indigenous Australians/communities, 44–5 Land and Water Australia, 28
harvesting of marine turtles and dugongs, 34 land clearing, 20, 52
heritage sites, 19, 45, 46, 47 Land Transport Environment Committee, 86
movable heritage, 139, 140, 143, 148–50 lavatory equipment, 153
waste management in remote communities, 133 leathery turtles, 17
Indo-Pacific humpback dolphins, 17 legislation, 40
Indonesia, 33 fuel quality, 84, 87–8
Indonesian fishermen, 52 hazardous waste exports and imports, 102, 103
industrial oils, 123, 130 heritage management, 43
Ingleburn, 9 movable heritage, 136, 137, 138
intergovernmental cooperation, see bilateral oil product stewardship, 122, 24–5, 134
agreements
Index

ozone protection, 112–13, 115, 116, 119


international conferences/meetings, 34, 44, 100, 102 threatened species, 27, 30
international conventions and agreements water efficiency, 152–3
hazardous waste, 102 World Heritage properties, 12
migratory species, 33–4 Lepidium ginninderrense, 32
movable heritage, 145 Letters of Clearance, 140
ozone protection, 112, 113, 119–20 levies
wildlife trade, 39, 40–1 oil product stewardship, 123, 124, 126–8
World Heritage, 44 ozone protection, 116–17, 118
International Fuel Quality Centre, 87 licences, ozone depleting substances, 113, 114–17
international movement of wildlife, 39–42 listed migratory species, see migratory species
prosecutions, 53 listed threatened species and ecological
Southern Bluefin Tuna Fishery appeal, 55 communities, see threatened species and
statutory timeframes, 80 ecological communities

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

160 Department of the Environment and Heritage Legislation Reports 2004–05


referrals and referral decisions, 59 Part 3 monitoring and compliance activities, 51–2
threatened species and ecological Part 3 protected matters, 7–8
communities, 12, 36–8 Part 13, see threatened species and ecological
water efficiency, 152 communities
World Heritage properties, 44–5 Part 13A, see international movement in wildlife
nightcap oak, 36 Part 15, see heritage management
Norfolk Island, 31, 36, 42–3, 59 pearl oyster fishery, 17
northern quolls, 32 Pedder galaxias, 30
Northern Territory, 11, 25 penalties, 52
cane toads, 32 penguins, 35
Indigenous community used oil and waste People’s Republic of China, 33, 138
management, 133 peppercress, 32
referrals and referral decisions, 59 perfluorocarbon (PFCs), 113, 114, 116–17
threatened species, 12, 27 Performance Improvement and Audit Unit, 52
Northern Territory Parks and Wildlife Service, 12 permanent export permits, 139, 146
Northern Territory Police, 54 permits
not-controlled actions, 14–15 hazardous waste, 103–4, 105–9
nuclear actions, 7 marine species, 34–5
migratory species, 34
O movable heritage, 138–43, 146–7
Oceania region, 40–1 ozone depleting substance licences, 113, 114–17
offshore petroleum exploration, 21 threatened species and ecological
offshore seismic surveys, 20 communities, 32–3
oil recycling, 122–34 whales and other cetaceans, 35–6
Oil Stewardship Advisory Council, 125, 134 wildlife trade and programmes, 41–2
olefin content of petrol, 86 personal accompanied baggage permits, 41
Oligosoma lichenigera, 33 pests, 31–2, 38, 39
On the land television programme, 132 biological control agents, 42
operability standards, fuel, 85–6 petrels, 34
operating expenses petrol, 84–6, 99
National Cultural Heritage Committee, 144 petrol additives, 87
ozone protection, 118 petroleum exploration, offshore, 21
Product Stewardship for Oil Programme, 133–4 PFCs, 113, 114, 116–17
Orchard Hills, 9 philatelic exhibits, 139
ornamental fish species, 41 Philippines, 40
out-posted officers, 50 Phillip Island, 33
Oxy-diesel, 86 Phytophthora cinnamomi, 38
ozone depleting potential (ODP) tonnes, bulk pigeons, 18–19
imports equivalents of, 115 pigs, feral, 39
ozone protection, 112–20 plant species, 41
Ozone Protection and SGG Account, 113, 118–19 critical habitats, 32
Ozone Protection and Synthetic Greenhouse Gas ecological communities, 9, 30–1, 36, 70
Index

(Import Levy) Act 1995, 116 recovery plans, 36, 37–8


Ozone Protection and Synthetic Greenhouse Gas plastic oil containers, 133
(Manufacture Levy) Act 1995, 116 Port Arthur Historic Site, 45
Ozone Protection and Synthetic Greenhouse Gas post referral verification, see monitoring and
Management Act 1989, 112–13 compliance
Ozone Protection and Synthetic Greenhouse Gas Pseudemoia lichenigera, 33
Management Regulations 1995, 113, 115 pre-charge equipment/equipment licences, 113,
114, 115–16, 118
P pre-shipment use of methyl bromide, 115, 119, 120
Papunya art, 139, 143, 148–50 preliminary documentation, assessments by, 62,
Parafield Airport, 9 64–5, 66–7, 78
Parks Australia, 33, 54 presentations, see workshops and presentations
parliament, documents tabled in, 134 private land, 42–3

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

section 40 exemptions, 114, 115, 116, 118


South Mission Beach proposal, 7–8
section 160 advice, 9–10, 63
Townsville Field Training Area Parachute section 284 report, 36–9
Drop Zone, 18–19 section 298 report, 39
Queensland Environmental Protection Agency, 52 section 516A reporting, 56
Queensland World Heritage properties, 8, 12, 44 section 518 report, 78–81
development projects affecting, 9–10, 54 sei whale, 37
prosecutions, 52 seismic surveys, offshore, 20
quolls, 32 seizures, 53, 103, 138
Sharing Australia’s Stories programme, 23
R Shark Bay, 44
rabbits, 38 sharks, 24, 37, 40
railings, 139 Shoalwater Bay, 8–9
rails (birds), 9 showers, 153

162 Department of the Environment and Heritage Legislation Reports 2004–05


South Alligator River, 54
South Australia, 11, 25, 26
T
Commonwealth heritage places, 48 Talisman Saber 2005 military exercise, 8–9
ecological communities, 31 tap equipment, 153
kangaroo management plan, 41 Tasmania, 11, 26, 49
oil product stewardship, 132, 133 Gunns Ltd, 55
Parafield Airport, 9 national heritage places, 45
Ramsar wetlands, 49 referrals and referral decisions, 59
referrals and referral decisions, 59 threatened species, 12: Pedder galaxias, 30
threatened species, 12, 36 water efficiency, 152
South Korea, 33 Tasmanian Conservation Trust, 26
South Mission Beach, 7–8 Tasmanian Wilderness, 44
Southern Bluefin Tuna Fishery, 55 taxonomy, 28
southern cassowary, 7–8 television exposure, 132
southern elephant seal, 37 temporary export permits, 139, 146
Southern Oil Refinery, 133 terrestrial threatened species recovery plans, 36
southern right whale, 37 Thailand, 34
species and communities, see threatened species Thomsons Lake, 49
and ecological communities Threat Abatement Plan Team, 38
Species Information Partnerships, 12 threat abatement planning, 32, 38–9
Species Profile and Threats (SPRAT) database, 23, 29 threatened species and ecological communities,
squatter pigeon, 18–19 23–4, 27, 29–43, 70
stakeholder awareness, 22–8, 132 controlled actions affecting, 7–8, 9, 18–19, 54:
see also publications; web site; workshops adverse impacts addressed, 61
and presentations not controlled actions affecting, 14–15
State of the Environment report, 56 prosecutions, 52
State Partnership Programme, 132 Species Information Partnerships, 12
state/territory processes, assessments made statutory timeframes, 30, 31, 79–80:
under, 11, 62, 66, 68–9 web page listing nominations granted
statements of reasons, 15, 78 extensions beyond, 24
fisheries assessments, 22 Threatened Species Scientific Committee, 12, 27,
live imports, 41 37, 38, 75
statutory timeframes, 78–81 nominations and advice to minister,
approvals, 18 27, 29–31, 70
assessments, 16, 78–9 web page listing nominations granted
Australian Heritage Council, 45 extensions beyond statutory timeframes, 24
biodiversity conservation, 70, 79–81 Three Traditional Tribal Groups of the Willandra
hazardous waste exports and imports, 103 Lakes Region World Heritage Area, 44–5
referrals, 13–14, 78 Thursday Island, 134
threatened species and communities, 30, 31, timeframes, see statutory timeframes
79–80: web page listing nominations Tjakamarra, Long Jack Phillipus, 143
granted extensions beyond, 24 toilet equipment, 153
Index

steam traction engines, 141, 143 Torres Strait, 133


steam wagons, 142 Torres Strait Islanders, see Indigenous
stranded whales and dolphins, 35 Australians/communities
Sturt, Captain Charles, 140 tourism development, 20
sub-Antarctic fur seal, 37 Townsville Field Training Area Parachute Drop
sulfur levels in fuel, 86 Zone, 18–19
Supreme Court of Queensland, 138 trade
Sustainable and legal Indigenous harvest of hazardous waste, 102–9
marine turtles and dugongs in Australia, 34 lubricant oil, 123
sustainable fisheries assessments, 21–2, 72–3 movable heritage, 136–50
sustainable wildlife industries, 41 ozone protection, 112–20
Sydney, 9 see also international movement in wildlife
Opera House, 44 training sessions, 42
synthetic greenhouse gas replacements, 112–20 see also workshops and presentations

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

164 Department of the Environment and Heritage Legislation Reports 2004–05

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