Department of The Environment and Water Resources Annual Report 2005 - 2006, Part 2

Department of the
Environment and Heritage
Volume 2
LEGISLATION ANNUAL REPORTS

2005–06
How to contact the department

Main office: John Gorton Building,
King Edward Terrace, Parkes ACT 2600
Post: GPO Box 787, Canberra ACT 2601
Phone: 02 6274 1111

Facsimile: 02 6274 1666
Internet: www.deh.gov.au
About 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.
This volume of the annual report provides details on the operation of the seven
Acts the department administers that do not report separately. The reports in this
volume focus on how the statutory requirements of the Acts were met during the
reporting year, and how the Acts were administered.
These Acts are:
• Environment Protection and Biodiversity Conservation Act 1999
• Fuel Quality Standards Act 2000
• Hazardous Waste (Regulation of Exports and Imports) Act 1989
• Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
• Product Stewardship (Oil) Act 2000
• Protection of Movable Cultural Heritage Act 1986
• Water Efficiency Labelling and Standards Act 2005
The department provides separate annual reports to the parliament for the
following legislation:
• Natural Heritage Trust of Australia Act 1997
• Environment Protection (Alligator Rivers Region) Act 1978 (the Supervising
Scientist’s annual report)
• National Environment Protection Council Act 1994
• Wet Tropics of Queensland World Heritage Area Conservation Act 1994
A summary of work related to the seven Acts in this volume, and details of how this
work contributed to the outcomes and outputs in the Portfolio Budget Statements
2005–06 and Portfolio Additional Estimates Statements 2005–06 are contained in
Volume 1 of this set of annual reports.
Contents
Environment protection ............................................................................................. 1
Fuel quality .................................................................................................................. 81
Hazardous waste ................................................ ....................................................... 91
Ozone protection ................................................ ..................................................... 101
Oil recycling............................................................................................................... 111
Movable heritage ..................................................................................................... 125
Water efficiency .................................................. ..................................................... 139
Index ............................................................................................................................ 143

ENVIRONMENT PROTECTION
Contents
Introduction ...................................................................................................................................... 4
Environment protection
Overview .............................................................................................................................................. 4
1. Protecting environment and heritage ................................................................. 8
1.1 Matters of national environmental significance .................................................... 8
1.2 Proposals involving Commonwealth land and/or actions ............................... 9

Actions by the Australian Government and actions on Commonwealth land ........ 9
Advice on authorising actions............................................................................................... 10
Exemptions ................................................................................................................................. 10
1.3 Intergovernmental cooperation................................................................................... 11
Bilateral agreements ................................................................................................................ 11
Heritage management ............................................................................................................. 12
Species Information Partnerships ....................................................................................... 12
National Partnership Approach for the Sustainable Harvest of
Marine Turtles and Dugongs in Australia .......................................................................... 13
1.4 Assessment and approval process............................................................................... 13
Referrals........................................................................................................................................ 13
Assessments ................................................................................................................................ 16
Approvals ..................................................................................................................................... 18
Review of the administrative guidelines on significance ............................................. 21
Strategic assessments .............................................................................................................. 21
1.5 Transparency and public awareness .......................................................................... 22
Increasing stakeholder and public awareness................................................................. 22
Enhancing community participation .................................................................................. 24
Advisory committees ............................................................................................................... 26
2. Conserving biodiversity .............................................................................................. 29
2.1 Identifying and monitoring biodiversity and making bioregional plans .. 29

Identifying and monitoring biodiversity (section 171) ................................................ 29
Inventories of listed threatened species etc. on Commonwealth land
(section 172) ............................................................................................................................... 29
Surveys of cetaceans, listed threatened species etc. in Commonwealth
marine areas (section 173) .................................................................................................... 29
Bioregional planning (section 176) .................................................................................... 30
2 Department of the Environment and Heritage Legislation Annual Reports 2005–06

2.2 Protecting species and ecological communities ................................................ 30
Listed threatened species and ecological communities .............................................. 30
Migratory species ...................................................................................................................... 34
Marine species............................................................................................................................ 35
Whales and other cetaceans .................................................................................................. 35
Recovery plans and threat abatement plans (section 284 report) ........................... 36
Wildlife conservation plans for migratory species (section 298 report) ................ 37
Exemptions under section 303A .......................................................................................... 38
2.3 International movement of wildlife .......................................................................... 38
CITES activities........................................................................................................................... 39
Sustainable wildlife industries .............................................................................................. 40
Wildlife trade permits and programmes ........................................................................... 40
2.4 Conservation agreements ................................................................................................ 41
3. Managing heritage and protecting significant areas ............................ 43

Listing and managing heritage places in Australia ......................................................... 43
World heritage ............................................................................................................................ 43
National heritage ....................................................................................................................... 44
Commonwealth heritage ........................................................................................................ 46
Wetlands of international importance ............................................................................... 48
Biosphere reserves ................................................................................................................... 49
4. Monitoring and compliance..................................................................................... 50

Overview ...................................................................................................................................... 50
Compliance ................................................................................................................................. 50
Investigations and enforcement ...................... ..................................................... 53
Prosecutions under the EPBC Act ....................................................................................... 53
Review of EPBC Act decisions ............................................................................................... 55
5. Reporting ................................................................................................................................ 57
State of the Environment reporting ................................................................................... 57
Section 516A reporting ........................................................................................................... 57
Appendix 1 – Statistics on the operation of the EPBC Act during 2005–06 ............. 58
Appendix 2 – EPBC Act related publications in 2005–06 ................................................ 72
Appendix 3 – Functions and membership of advisory committees under

the EPBC Act and Australian Heritage Council Act 2003 ................. 74
Appendix 4 – Compliance with timeframes —section 518 report .............................. 77
3
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 2005 to 30 June 2006.
This is the sixth 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)
• implementing a robust 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 ecological
character of internationally important wetlands, nationally listed threatened
species and ecological communities, listed migratory species, the Commonwealth
marine environment, the values of world heritage properties, the values of national
heritage places and protection of the environment from the impact of nuclear
actions. In addition, the EPBC Act provides protection for the environment in
relation to proposals involving Commonwealth land and regulates activities
of Australian Government agencies that might significantly impact on the
environment.

In 2005–06 the government implemented a range of new approaches to ensure
the EPBC Act continues to be administered efficiently and effectively.
In September 2005, the department’s Approvals and Wildlife Division was
restructured to provide for a more streamlined approach to decision-making
under the EPBC Act. Significant upgrades were made to databases and websites
supporting the EPBC Act, improving both public access to information and
transparency of decision-making. The EPBC Act website was upgraded to improve
useability, and simplify access to key information. A major website on whales and
other cetaceans was launched (www.saveourwhales.gov.au), which included a new
online database for sightings and strandings, and a section to meet the needs of
school children. The referrals and assessments database was upgraded, improving
access to public notices for industry sectors and other interested parties.
New EPBC Act policy statements were released to provide guidance on what
should be referred to the minister for decision on whether assessment and
approval are required under the EPBC Act. The policy statements addressed
matters of national environmental significance and actions on, or impacting upon,
Commonwealth land and actions by Commonwealth agencies. In 2006–07 further
policy statements will be released providing more detailed guidance on individual
species and ecological communities and for specific industry sectors.
The Australian Government reviewed its approach to regional marine planning.
In order to further the government’s commitment to management of Australia’s
oceans, the regional marine planning programme has been strengthened by
bringing it directly under the EPBC Act, providing a focus on environmental
protection and biodiversity and greater certainty for industry. Under the new
approach, marine bioregional plans are being developed for Australia’s 14 million
square kilometre ocean jurisdiction under section 176 of the EPBC Act. Marine
bioregional plans focus on meeting Australian Government conservation and
heritage responsibilities within Commonwealth waters. The plans will therefore be
key documents guiding the minister, sectoral managers and industry on the key
conservation issues and priorities in each marine region.
Defining and identifying an ecological community for listing under the EPBC
Act has proven to be a complex task—definitions must be scientifically rigorous
yet straightforward enough for the general community to use. To improve the
clarity of definitions, a new approach was implemented in 2005–06 which takes
into account the impact of degradation and regional variation in widespread
ecological communities. The new approach involves tighter definition of ecological
communities through the use of condition classes. This ensures that only the
better condition classes are included in the definition of the listed ecological
community for protection under the EPBC Act. Other lower quality degraded areas
still qualify for potential recovery actions through established natural resource
management programmes and recovery planning processes. On 17 May 2006,
5
the white box–yellow box–Blakely’s red gum grassy woodland and derived native
grassland ecological community was listed as critically endangered. This is the first
broad-scale ecological community listed under the new approach to listing.
A significant achievement in 2005–06 was the conclusion of the first round of
comprehensive fishery assessments under the EPBC Act on 1 December 2005. The
fisheries were assessed against the Guidelines for the Ecologically Sustainable
Management of Fisheries, with the outcomes published in detailed reports
on the department’s website. During 2005–06 assessments were completed
for 25 fisheries, including seven Australian Government-managed fisheries
and 18 state-managed fisheries. This brings the cumulative number of fishery
assessments completed since 2000 to 113. All fisheries assessed during the year
received export approval. The outcome of the assessments included a broad
range of recommendations that require Australian Government and state and
territory fishery management agencies to demonstrate improved environmental
performance and enhance the ecologically sustainable management of fisheries in
the short to medium term.
This year the Administrative Appeals Tribunal delivered judgments in two cases
involving challenges to decisions made under the EPBC Act. In April 2006 the
tribunal confirmed the minister’s declaration that the Southern Bluefin Tuna
Fishery is an approved wildlife trade operation in accordance with section 303FN
of the EPBC Act. In the second case, the RSPCA (Royal Society for Prevention of
Cruelty to Animals), the International Fund for Animal Welfare and the Humane
Society International applied to the tribunal for review of the decision to issue
permits under section 303CG of the EPBC Act to Taronga Zoo and Melbourne Zoo
for the import of Asian elephants from Thailand. On 6 February 2006 the tribunal
decided to allow the import of the elephants subject to a number of additional
welfare related conditions.
The department worked with the exotic birdkeeping sector to address growing
concerns about the management of illegal trade in exotic birds, in particular the
onus under the EPBC Act on birdkeepers to verify that birds in their possession are
legally imported, or are the progeny of legally imported birds. In December 2005
the Exotic Birdkeepers Advisory Group was established with departmental support
to prioritise and progress birdkeeping issues. Through the advisory group, the
department aims to remedy the lack of record keeping by birdkeepers since the
National Exotic Bird Registration Scheme closed in 2002.
The Tasmanian devil (Sarcophilus harrisii) was listed as vulnerable under the
EPBC Act in 2005–06. The major threat to the species is devil facial tumour disease,
a mysterious cancer which causes large tumours to grow on the face and neck
of infected animals. The disease has been fatal in all cases recorded so far, and
has caused a decline in the number of Tasmanian devils over the last decade,
particularly in eastern Tasmania. Listing the Tasmanian devil as a threatened

species complements the work being undertaken on the disease and promotes
the species’ recovery through development of a recovery plan and enhancing the
species’ legislative protection.
In 2005–06 the department received 341 referrals, of which 191 were deemed
not to be controlled actions and required no further assessment. Seventy-eight
referrals (71 after reconsideration) were deemed to be controlled actions requiring
assessment and approval under the EPBC Act, and it was decided that a further 64
actions (67 after reconsideration) could proceed without approval if undertaken
in a particular manner. Following assessment, 35 actions were approved with
conditions designed to protect matters of national environmental significance
and the environment. Two actions were not approved. The department also
received 13 requests for advice under section 160 of the EPBC Act from Australian
Government decision-makers.1
Overall the statutory timeframes for referral, assessment and approval decisions
were met on 85 per cent of occasions, which is a decrease from the previous
year2. 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.
In December 2005 the first ever approvals bilateral agreement under the EPBC
Act was entered into with the New South Wales Government for the Sydney
Opera House. The agreement provides for the protection of the world heritage
and national heritage values of the Sydney Opera House and aims to ensure an
efficient, timely and effective process for environmental assessment and approval
of actions in accordance with the management plan for the Sydney Opera House.
This year, 21 places were added to the National Heritage List, bringing the total
places in the list to 31. Nine Commonwealth agencies completed their heritage
strategies which were found by the minister to be of a satisfactory standard. In
January 2006, the Australian Government lodged a nomination for the Sydney
Opera House to be inscribed on the World Heritage List.
1 Section 160 applies to certain Australian Government authorisations, such as providing foreign aid that is likely to have a
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.
significant impact on the environment. See page XX.
2 A review of EPBC Act statistics undertaken after the 2004–05 reporting period revealed that 90 per
% ofcent of statutory
statutory timeframes
timeframes were than
were met, rather met, 83
rather
% asthan 83 perincent
reported the as reported
annual in the annual report.
report.
7
1. Protecting environment and heritage
1.1 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. This year 270 matters of national
environmental significance were protected through these processes. Where
proposals involved Commonwealth land or agencies, the overall environment was
protected (see Table 5, Appendix 1 of this report).
In 2005–06 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 65 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 38 of these proposals. There were seven
controlled action decisions where the ecological character of a Ramsar wetland
was the matter protected, and 18 proposed actions where world heritage values
were determined to be a controlling provision. For the second year of operation
of the new national heritage provisions, one proposed action (out of three
referrals) was determined to require approval due to likely significant impacts on
national heritage values. There were seven controlled action decisions where the
controlling provision was the Commonwealth marine environment; these were
predominantly projects relating to petroleum exploration and development. One
nuclear action was proposed.
More than one matter protected under Part 3 of the EPBC Act was determined
to be a controlling provision for 45 of the 71 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 expand the existing Bowen Marina on the
central Queensland coast, including dredging a new marina basin and access
channel, was determined to be a controlled action for impacts on three matters of
national environmental significance. The relevant matters were the world heritage
values of the adjacent Great Barrier Reef World Heritage Area, listed threatened
species that may be present such as the false water rat, and listed migratory species
including dugong and marine turtles in the adjacent Edgecumbe Bay Dugong
Sanctuary.

A total of 35 actions were approved in 2005–06 with a range of conditions to
ensure that matters of national environmental significance and the environment
were protected. No proposals were approved without conditions and two
proposals were rejected. At 30 June 2006, 91 actions affecting matters protected
by the EPBC Act were under assessment; that is, a decision had been made on the
assessment approach but the assessment was still to be completed. These ongoing
assessments include 36 assessments conducted under bilateral agreements and
29 assessments conducted under state or territory processes that 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 2005–06.
The focus of the EPBC Act on protecting matters of national environmental
significance continues to positively influence the way in which developers
design projects, using best practice methods and measures 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 2005–06 five actions were determined to require approval under the EPBC Act
because of likely significant impacts on the environment on Commonwealth land,
and a further three actions by Australian Government agencies were determined to
be controlled actions.
One of these actions, submitted by the Australian Government Department
of Defence, was to decommission and remove masts, aerials and associated
infrastructure at the Royal Australian Naval Transmitting Station, Lawson, Australian
Capital Territory. The transmitting station, completed in 1939, was the most
powerful naval wireless station in the British Empire and the largest naval or
commercial station in the southern hemisphere. The station is important for its
association with the development of Australian naval communications from 1938 in
the lead up to the Second World War 1939–45.
The proposal was deemed to be a controlled action under the EPBC Act, as the
dismantling and removal of the masts and aerial were likely to have a significant
impact upon historic Commonwealth heritage values at the site, and on listed
threatened species and communities through disturbance of natural temperate
grasslands.
The proposal was approved with conditions on 19 January 2006. Under the
conditions of approval, Defence was required to conduct a workshop to determine
the most effective means of removing the infrastructure to minimise impacts. The
conditions also required Defence to take actions to record and maintain certain
historic Commonwealth heritage values of the site.
9
Another example of an action proposed by the Australian Government, also on
Commonwealth land, was the joint submission of a proposal by the Defence
Housing Authority and Canberra Investment Corporation Limited to construct 690
residential lots on 77.3 hectares of Australian Government owned land at Lee Point
in the new northern suburb of Lyons, Darwin, Northern Territory.
The development was determined to be a controlled action as this relatively large

urban precinct had the potential to have a significant impact on well established
eucalypts with hollows used by threatened native bird species as well as native
vegetation in and around the Sandy Creek Conservation Park.
On 13 March 2006, the development was approved with conditions, one of which
required the proponents to satisfy the minister that the conservation park and the
eucalypts in question are protected and managed in the long term.
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
specific actions, where those actions are likely to have a significant impact on the
environment. Actions on which advice has been sought have involved dredging sea
bed materials and sea dumping.
During 2005–06 advice was sought under section 160 on four occasions (see Table
8, Appendix 1 of this report). These projects included sea dumping as part of the
Pluto liquefied natural gas project on the North West Shelf of Western Australia.
On 30 January 2006, the project proponent applied for a permit under the
Environment Protection (Sea Dumping) Act 1981 to dispose of spoil that would
result from dredging a shipping channel and berthing area for the liquefied natural
gas export facility. It was determined that advice should be sought under section
160 of the EPBC Act for potentially significant impacts on the environment, before
a permit decision could be made under the Sea Dumping Act.
The project had also been referred for potential impacts on matters of national
environmental significance. On 26 August 2005 the project was determined to be
a controlled action, with assessment to be by a public environment report. This
report will also be used for the assessment required under section 160 of the EPBC
Act. Once the assessment is completed, section 160 advice will be provided to
inform the permit decision under the Sea Dumping Act.
Exemptions
During 2005–06 no exemptions were issued under the EPBC Act in relation to the
referral, assessment and approval requirements.

1.3 Intergovernmental cooperation
Bilateral agreements
In December 2005 an approvals bilateral agreement was entered into with the
New South Wales Government for the Sydney Opera House. The agreement
provides for the protection of the world heritage and national heritage values
of the Sydney Opera House and aims to ensure an efficient, timely and effective
process for environmental assessment and approval of actions in accordance
with the management plan for the Sydney Opera House. As part of the process
of developing the bilateral agreement, the management plan has been accredited
under the EPBC Act.
The assessment bilateral agreement with Tasmania was reviewed, prior to its expiry
on 14 December 2005 after five years of operation. The review demonstrated that
the agreement was meeting its objects and recommended that the agreement
be remade under the EPBC Act and that the replacement agreement accredit
the same Tasmanian environmental assessment processes. A second assessment
bilateral agreement with Tasmania commenced operation on 12 December 2005.
Assessment bilateral agreements are also in place with the Northern Territory,
Western Australia and Queensland. Such agreements ensure that 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. Australian Government scrutiny is maintained through
the Minister for the Environment and Heritage still being required to grant
approval and set conditions for the projects. During the year 42 projects had been
or were being assessed under a bilateral agreement.
Development of assessment bilateral agreements with the other states is
progressing. In the absence of an assessment bilateral agreement, 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 34 projects
had been or were being assessed under state or territory processes accredited on a
case-by-case basis.
11
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 2005–06 the Australian Government

took part in consultations over, and funding of, reviews of management plans and
strategic plans for the Fraser Island and Greater Blue Mountains world heritage
properties.
During 2005–06 the Australian Government worked with the states on a
wide range of projects. These included projects to protect and manage world
heritage values such as developing partnerships with leaseholders to eradicate
noxious weeds on Lord Howe Island, community based rainforest weeding and
rehabilitation works in the Central Eastern Rainforest Reserves (Australia), and the
employment of a project officer to develop a plan to eradicate rabbits and rodents
from Macquarie Island. Other projects aimed to facilitate stakeholder involvement
in the protection and management of world heritage properties through funding
world heritage community and scientific committees and presentation of world
heritage values. An example is the project to enhance visitor precincts at Thirlmere
Lakes and Nattai national parks in the Greater Blue Mountains.
This year the department commissioned two studies to define how the values
of the Great Barrier Reef World Heritage Area are expressed on Magnetic Island.
These studies also contributed substantially to the department’s understanding
of the island by drawing together data on species and developing a preliminary
methodology to consider how the world heritage value of ‘exceptional natural
beauty’ may be expressed on the island. Based on this information, the
department is developing a robust basis for future decision-making under the
EPBC Act for Magnetic Island and its world heritage values.
Species Information Partnerships

Through the Species Information Partnerships the department, with the
Threatened Species Scientific Committee, continued to work towards improving
consistency between Australian Government, state and territory threatened
species lists, and increasing the exchange of information to support the listing and
recovery of threatened species.
Species Information Partnerships allow for targeted expenditure of limited
conservation resources, and facilitate the best possible conservation outcomes for
threatened species.
During 2005–06 the South Australian, Tasmanian, Western Australian and Northern
Territory governments provided information on endemic species as part of
Species Information Partnership agreements. The Threatened Species Scientific

Committee assessed many of these endemic species for listing as threatened under
the EPBC Act.
The committee met with representatives from the South Australian Department
for Environment and Heritage in December 2005 and the Tasmanian Department
of Primary Industries and Water in March 2006 to progress threatened species
conservation.
National Partnership Approach for the Sustainable Harvest of Marine

Turtles and Dugongs in Australia
The department is implementing the national partnership, which the Natural
Resource Management Ministerial Council identified as a priority at its
27 October 2005 meeting.
The partnership body includes senior officials from the Northern Territory,
Queensland and Western Australian governments, the Torres Strait Regional
Authority, Great Barrier Reef Marine Park Authority, Department of Agriculture,
Fisheries and Forestry and three members from the Indigenous Advisory
Committee. Up to 10 Indigenous members from key communities with an interest
in dugong and turtle conservation will be nominated to the partnership body. A
preparatory meeting chaired by the department was held in March 2006.
1.4 Assessment and approval process
Referrals
During 2005–06, 341 actions were referred to the Australian Government for a
decision on whether approval was required under the EPBC Act. Approximately
7 per cent of these referrals were the result of compliance action taken by
the department, a slight decrease from last year. A total of 78 actions (71 after
reconsideration) were determined to be controlled actions and a further 64 (67
after reconsideration) were determined not to be controlled actions if taken in a
particular manner. A total 187 (191 after reconsideration) of these referrals were
deemed not to be controlled actions and required no further assessment.
Profile of actions referred under the EPBC Act

As in previous years the largest number of referrals came from Queensland, which
continues to have the highest number of controlled action decisions. This reflects
the continuing 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 by jurisdiction made during 2005–06.
13
Numerous referrals were received in the categories urban and commercial
development, energy generation and supply and mining. Table 4 in Appendix 1 of
this report lists the numbers of referrals and decisions made by activity category
during 2005–06.
Meeting statutory timeframes (referrals)

The EPBC Act allows 20 business days from receipt of a referral for deciding
whether an action requires approval. This includes a 10-day public comment
period. This year there were 64 late decisions, or 19 per cent of the total. This
compares with 37 late decisions last year (11 per cent of the total). Referral
decisions were late an average 3.4 business days in 2005–06, compared to an
average of 2.6 days 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.
The 20-day timeframe for decision-making on referrals was suspended 32 times in
2005–06. This was due to the need to seek further information before a decision
could be made.
Decision trends–particular manner decisions

The EPBC Act provides for the minister to decide that a referred proposal is
not a controlled action provided it is undertaken 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.
This year 67 referrals (three of which were established after reconsideration) were
decided to be not-controlled actions provided they were carried out in a particular
manner.
Through ongoing education, the department encourages proponents to design
projects and activities in a manner that avoids impacts on matters of national
environmental significance. The particular manner provision allows the minister
to support this design approach. The particular manner provision promotes
and supports industries and individual developments that are shifting to better
environmental practices.

Case study: Using the particular manner provision to deliver better
environmental outcomes—Kagara Pty Ltd Dome Polymetallic mine,
Queensland.
Kagara Pty Ltd proposed to re-open the mining operation at the existing
Red Dome Mine and associated satellite ore deposits near Chillagoe,
north Queensland. A key issue was impacts from blasting vibration on
nearby caves used by the endangered greater large-eared horseshoe bat
(Rhinolophus philippinensis). As part of its referral documentation, Kagara
provided data on the bat obtained as part of mine baseline studies. As few
studies of this species have been conducted, the data have contributed to a
better understanding of the bat and its distribution in the Chillagoe region.
Kagara consulted with bat experts and state agencies to identify likely
impacts of mining on the greater large-eared horseshoe bat, and prepared
measures to minimise these impacts as part of its referral documentation.
Kagara undertook to establish conservation zones and buffers to protect
cave sites, use minimal lighting at the tailings storage facility and process
ponds to reduce their attractiveness to insects and hunting bats, provide
artificial lighting stations to attract insects and bats away from mine areas,
implement blast protocols to avoid or minimise disturbance risks, and
rehabilitate the area as soon as possible after disturbance.
A specialised monitoring programme will also be implemented to assess the
effectiveness of the mitigation measures and to improve understanding of
the impact of mining activities on bat species in general. A decision
was made that there are not likely to be significant impacts on the greater
large-eared horseshoe bat, provided the specified mitigation measures
are implemented.
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
2005–06 the department handled 12 such requests.
Reconsideration of decisions
Seventeen referral decisions were reconsidered in 2005–06; 15 decisions were
revoked and a new decision substituted (see Table 2, Appendix 1 of this report).
The number of reconsiderations is small in comparison with the total number of
referral decisions and through consultation with key stakeholders and interest
groups the department ensures that reconsiderations maintain the transparency
and public accountability inherent in the overall framework of the EPBC Act.
15
Reconsideration can be justified where there is substantial new information on
likely impacts on matters protected by the EPBC Act and the new information can
contribute to better environmental outcomes.
Assessments
The assessment of potential environmental impacts of proposed actions uses

the best available science, with comments 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 actions, the quality
of the information already available, the level of public interest and the nature
and scale of the likely impacts. Decisions on the level of assessment for controlled
actions during 2005–06 are summarised in Table 6, Appendix 1 of this report.
During 2005–06 the department completed 36 assessments following finalisation
of relevant documentation by the proponent, 18 by preliminary documentation,
three by a public environment report, four by an environmental impact statement
and 11 under an accredited process or a bilateral agreement. A further 91
assessments were in progress at 30 June 2006.
Meeting statutory timeframes (assessments)

Six out of 31 decisions on the appropriate assessment approach (19 per cent
of the total) were made outside the statutory timeframe in 2005–06. Factors
contributing to late decisions included the need 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
business days from the date on which the assessment approach was decided.
During 2005–06 the department prepared guidelines for three public environment
reports and three environmental impact statements.
Once the minister has accepted final preliminary documentation, a finalised public
environment report, or a finalised environmental impact statement, an assessment
report must be prepared for the minister within 20 business days. During 2005–06
there were 13 late assessment reports out of 18 for assessment by preliminary
documentation, three out of three for assessment by public environment report
and two out of four for assessment by environmental impact statement. Delays
in these cases mostly 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.

Case study: Industrial subdivision in outer Melbourne, Victoria
The proponent proposed to clear all vegetation on a 42 hectare parcel of land
on the fringe of an industrial area in outer western Melbourne, Victoria. The
land would be subdivided into 19 lots, each approximately two hectares, for
various light industrial uses.
The primary concern was the possible impact of the development on listed
threatened species, in particular the critically endangered spiny or plains rice
flower (Pimelea spineescens var. spinescens). This concern was heightened
when, as part of a targeted survey of the site, the proponent found about
200 individuals of the species, estimated to represent between 1.2 and
10 per cent of the known population of the species in the wild.
The proponent recognised its responsibility for protecting the critically
endangered plant but there were difficulties in resolving how best to do
so. In particular, it was unclear how an approval under the EPBC Act would
be able to guarantee long-term protection of the spiny rice flower after the
development had been completed and sold to new owners.
In the end, the minister entered into a conservation agreement under the
EPBC Act with the developer which formed the basis of the subsequent
approval decision. The conservation agreement also provided the basis for
a formal agreement between the Australian Government, the developer,
the Victorian Government, the local government authority and a non-
government trust with a charter to manage land for conservation purposes.
The formal agreement between all these parties guaranteed the long-term
arrangements to protect the spiny rice flower.
Measures included increased funding for the management of a Victorian
Government conservation reserve, and the translocation of a small number
of spiny rice flower plants to that site; funding for the creation of a new
Pimelea conservation reserve controlled by the local council which already
contained some 400 spiny rice flower plants; and the establishment of a trust
fund to provide for surveys, research and conservation of the species, as
well as the management of the two reserves. The overall package was worth
almost $1 million.
This project is a good example of how an innovative approach to the
provisions of the EPBC Act (in this case, in relation to conservation
agreements) can result in significant environmental advances while
providing industry with appropriate opportunities for sustainable
development..
17
Approvals
In 2005–06, 35 controlled actions were approved; a further six were awaiting
decision at 30 June 2006 (see Table 7, Appendix 1 of this report). Actions approved
include Murray Valley Drain 11, Numurkah, Victoria; development of East
Busselton, Yalyalup, Western Australia; development of Blacktip gas field, Joseph
Bonaparte Gulf; Yarra Valley golf course, Healesville, Victoria; and Hay Point coal
terminal, near Mackay, Queensland. Conditions attached to approvals include
managing the environmental impacts of construction, providing compensatory
habitat, monitoring programmes, independent audits, and measures for managing
impacts on cetacean species.
Meeting statutory timeframes (approvals)

Eleven out of 37 approval decisions (29 per cent of the total) were made outside
the statutory timeframe in 2005–06. As in previous years, these delays were due
to the complexities of the issues under consideration and the need to resolve
a range of social and economic issues. Other contributing factors 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 the 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: Environmental impact assessment and approval of the
Hay Point Coal Terminal dredging works near Mackay, Queensland
The Ports Corporation of Queensland referred a proposal on 10 September
2004 to carry out dredging at the Hay Point Coal Terminal. The action
involved dredging seabed material to create a new vessel manoeuvering
area and departure channel to accommodate larger ships and increase
output. The dredged material would be disposed of within the Great Barrier
Reef Marine Park.
Key issues in the assessment were the potential impacts on the Great
Barrier Reef World Heritage Area, listed threatened and migratory species
including turtles and dugongs, and impacts on the Commonwealth
marine area. As the action was proposed to take place in state waters,
Commonwealth waters, and the Great Barrier Reef Marine Park, approval
under several pieces of legislation was required, including the EPBC Act, the
Environment Protection (Sea Dumping) Act 1981 and the Great Barrier
Reef Marine Park Act 1975.
The proponent approached the department very early in their development
of the proposal, which allowed the department to advise on information
required for assessment as well as coordinate a process with each of the
regulators–the department, the Great Barrier Reef Marine Park Authority
(GBRMPA) and the Queensland Environment Protection Agency. The
result was a coordinated assessment process, with one environmental
impact statement being released for public consultation, and the regulators
communicating and agreeing information requirements with the proponent
at each of the key stages.
The project was approved on 8 December 2005, with conditions. The key
condition was the requirement for an environmental management plan that
included measures to directly protect turtles and dugongs and extensive
monitoring, and triggers for management measures to manage turbidity
plumes that could adversely affect coral areas. The proponent had collected
extensive information that was used to support and verify the impacts
predicted by modelling. A management reference group was established to
monitor the project’s progress and to determine management actions, should
unpredicted impacts be found. The proponent has engaged a consultant to
monitor the project and has developed, in conjunction with the GBRMPA, a
system that allows real-time tracking of turbidity plumes and key indicators.
The proactive and cooperative approach adopted towards the project by all
parties has resulted in a comprehensive assessment process and approval
conditions that are responsive to both the practical requirements of the
dredging and the need for high environmental performance.
19
Case study: Refusal of the American River subdivision and
development on Kangaroo Island, South Australia
A small urban subdivision and development at American River on
Kangaroo Island was determined to be a controlled action under the EPBC

Act due to the potential significant impact on listed threatened species
and ecological communities, in particular the endangered South Australian
glossy black-cockatoo (Calyptorhynchus lathami halmaturinus).
The proposed action involved the subdivision of one allotment into five
lots. Four lots were proposed for residential development. The proposed
action involved clearing up to 1.7 hectares of remnant native feeding
habitat for the South Australian glossy black-cockatoo.
The species, once known to inhabit the Fleurieu Peninsula on the South
Australian mainland, is now found only on Kangaroo Island with a total
population of between 290–300 birds. The birds are loosely segregated
into six flocks around Kangaroo Island, and the flock that lives around
American River forms part of the eastern flock. The feeding and nesting
habitat (drooping she-oak and sugar gums) in the American River area is
limited compared to other areas on Kangaroo Island, and critical habitat
at the site has been identified as at risk in the Glossy Black-Cockatoo
Recovery Plan. Furthermore, the recovery plan identified the American
River habitat as important in helping the species to move back into its
former range on the South Australian mainland.
The minister refused the American River subdivision and development
proposal on 31 December 2005. The refusal was based on the fact that
it would result in an unacceptable loss of critical habitat, which would
be a serious threat to the survival of the eastern population of the South
Australian glossy black-cockatoo. It was also found that the proposed
action would impede recovery of the species through the planned
expansion of the species’ current distribution into its former range on the
South Australian mainland.

Review of the administrative guidelines on significance
The guidelines provide guidance on actions that should be referred to the minister
for a decision on whether assessment and approval are required under the EPBC
Act. A review of the guidelines, involving public comment and interviews with a
range of stakeholders, was completed in 2005–06. New and revised guidelines,
called Significant Impact Guidelines 1.1—Matters of National Environmental
Significance, are part of a new framework of EPBC Act policy statements aimed
at providing the best possible guidance to stakeholders. Significant Impact
Guidelines 1.2—Actions on, or Impacting upon, Commonwealth Land, and
Actions by Commonwealth Agencies was also released in 2005–06.
Development of new industry sector guidelines was progressed to provide more
detailed guidance to the aquaculture, agriculture (land-clearing), wind farm and
urban development sectors. Development of a guideline for local government also
commenced.
Strategic assessments
Offshore petroleum exploration and appraisal activities in Commonwealth

waters
A strategic assessment is being undertaken to describe the offshore petroleum
exploration and appraisal activities undertaken in Commonwealth waters, and
assess the likely environmental, social and economic impacts of these activities.
The public comment period for the draft strategic assessment prepared by the
Australian Government Department of Industry, Tourism and Resources closed
on 14 March 2006. Due to the complexities surrounding this assessment, the
Department of Industry, Tourism and Resources is yet to finalise the strategic
assessment.
Sustainable fishery assessments

Under the EPBC Act, the department 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. Under the
EPBC Act, all Commonwealth managed fisheries and all state and territory fisheries
with an export component are required to undergo assessment.
In 2005–06, 25 fisheries were comprehensively assessed, including seven
Commonwealth-managed fisheries and 18 state-managed fisheries in Tasmania,
Victoria, Queensland, Western Australia and South Australia. All fisheries assessed
in 2005–06 received export approval.
For an additional eight fisheries short-term decisions were made, allowing export
of product from the fisheries to continue while further improvements are made to
their management arrangements in the short term.
21
A total of 121 fisheries (113 full-term and eight short-term decisions) have been
declared as either exempt from the export provisions of the EPBC Act for five
years, or as approved wildlife trade operations for periods up to three years.
As a result of the fishery assessment process, a broad range of recommendations
have been agreed between the department and fishery management agencies that
require the fishery management agencies to demonstrate improved environmental
performance, and improve the fisheries’ ecologically sustainable management in
the short to medium term. The outcomes are published in detailed reports on the
department’s website at www.deh.gov.au/coasts/fisheries/index.html.
Development of a reassessment process continued for the next round of fishery
assessments. This has involved extensive consultation with fishery managers
from the Australian Government and all states and territories to ensure that all
stakeholders have the opportunity to contribute to this process.
The Torres Strait dugong and turtle fisheries are to undergo a strategic assessment
once terms of reference are finalised in May 2006.
1.5 Transparency and public awareness
Increasing stakeholder and public awareness

During 2005–06 significant upgrades were made to databases and websites
supporting the EPBC Act, improving both public access to information and
transparency of decision-making. The EPBC Act website was upgraded to improve
useability, and to streamline access to key information. A major website on whales
and other cetaceans was launched, which included a new online database for
sightings and strandings, and a section to meet the needs of school children. The
referrals and assessments database was upgraded, improving access to public
notices for industry sectors and other users.
Listed threatened species and ecological communities

The department continued to publish new nominations of threatened species,
threatened ecological communities and key threatening processes on its website,
and to provide a formal two-month public comment period. The website also
contains 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.
A significant development in public information is the new online natural
resource management conservation advice search module. The search module
makes it easier for people to search for conservation advice by specific natural
resource management regions. Prior to the completion of recovery plans,

conservation advice provides guidance to regional planning bodies, 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 and ecological communities. Conservation
advice was developed and published on the department’s website for species and
ecological communities listed in 2005–06. Information sheets on listed ecological
communities also include this conservation advice.
The department began to publish the Communities for Communities newsletter.
This quarterly online newsletter will keep the public informed about threatened
ecological communities nominated for listing, listings made under the EPBC Act
and information and resources available on the department’s website. The aim
is to provide community groups with an information source they can use when
compiling their own newsletters. Community groups are encouraged to use
any articles and pictures from the newsletter (see www.deh.gov.au/ biodiversity/
threatened/publications/communities-newsletter/index.html).
Community meetings with stakeholder groups were held in Brisbane, to
discuss the littoral rainforest ecological community, and in Bega, to discuss four
ecological communities nominated in the local region. Advertisements in regional
newspapers in Queensland and New South Wales notified the community of
the release for public comment of the Coolabah–Blackbox Woodlands Technical
Workshop report.
Species Information Partnerships are an initiative to improve the consistency of
information across jurisdictions. The partnerships work to improve consistency
between Australian Government, and state and territory threatened species lists,
and to exchange information to support the listing and recovery of threatened
species. The Species Information Partnerships have proved very successful.
The Australian Government has developed partnerships with five states and
territories and will continue to work with jurisdictions not yet involved in the
project.
Marine species
A number of projects aimed at assisting the recovery of marine species listed as
threatened under the EPBC Act were completed this year, and final reports made
available on the department’s website. Reports and other publications include
Identification of Western Australian Grey Nurse Shark Aggregation Sites, a set of
marine species identification guides and the Marine Turtle Recovery Newsletter.
In 2005–06 four public consultation forums were held in Brisbane, Adelaide,
Melbourne and Perth to contribute to the development of the wildlife conservation
plan for 36 species of migratory shorebirds.
23
Enhancing community participation
Presentations and workshops

During 2005–06 the department held information sessions around Australia
with local and state government agencies and community groups interested in
understanding more about the EPBC Act. These presentations and workshops
were conducted on request. In addition, the department has supported activities
designed to enhance the understanding of the EPBC Act for the community,
farmers and rural stakeholders.
Case study: Enhancing community participation in listing ecological

communities
In 2005–06 the department gave presentations at a large number of
conferences and met with many stakeholder groups regarding the process
of assessing and listing ecological communities under the EPBC Act to
increase community involvement.
Conferences included the Australian Network for Plant Conservation annual
conference, Australian Wildlife Management Society annual conference,
Conservation Management Network annual conference, Ecological
Consultants Association annual conference, and the Stipa Native Grasslands
Association annual conference. Meetings were held with key stakeholders as
part of an ongoing process of stakeholder meetings relating to nominated
and listed ecological communities and the EPBC Act generally. Stakeholders
included Arnhem Land traditional owners, the Conservation Council of
South Australia, Humane Society International, the Local Government
Association of South Australia, the NSW Farmers Association Cooma branch
and the South Australian Farmers Federation.
Strategic regional planning

The department has sought a closer working relationship with local and regional
bodies through strategic regional planning projects in Western Australia, Victoria
and Queensland.
Strategic regional planning projects aim to improve information and policy
advice to the public about matters protected by the EPBC Act in the region so
that potential users can determine with greater certainty if they require approval
under the EPBC Act. These projects seek to increase engagement with state and
local planning authorities to ensure Australian Government requirements are
incorporated into local planning instruments, resulting in fewer individual projects
requiring approval under the EPBC Act.

The department is examining ways to provide incentives and opportunities for
developers to present large projects for approval under the EPBC Act early in the
planning process. Projects such as industrial estates and coastal developments
can be assessed more effectively using strategic assessment processes, rather than
ad hoc and time-consuming consideration of individual components late in the
planning phase.
The department is working to develop a shared understanding of the risks
to matters of national environmental significance with stakeholders, local
governments and relevant regional bodies in Bunbury/Busselton, Western
Australia; Mission Beach and Magnetic Island in Queensland; and the Geelong–Surf
Coast area, Victoria.
EPBC Unit
The EPBC Unit was a joint project of WWF Australia (World Wildlife Fund), the
Australian Council of National Trusts and the Tasmanian Conservation Trust, with
funding assistance from the Australian Government. The purpose of the EPBC Unit
was to increase community awareness of the EPBC Act, and to assist community
interests to become involved in the Act’s operation through presentations and
workshops. The EPBC Unit made a significant contribution to the successful
operation of the EPBC Act through engaging stakeholders in the operation and
requirements of the EPBC Act, including the heritage system. The EPBC Unit
project was finalised at the end of 2005–06 after successfully meeting its objectives.
National Farmers’ Federation EPBC Act Information Officer

In 2005–06 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 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, Queensland, Western
Australia and Victoria.
A successful initiative has been working with the AgForward team (under AgForce)
to present workshops in Queensland to assist farmers to understand and work
with Australian Government and state environmental regulatory requirements of
farm business. This has been particularly successful in regions where broad-acre
farming may impact on EPBC Act protected matters such as the Wet Tropics World
Heritage Area of far north Queensland, the bluegrass ecological communities of
the brigalow belt bioregion in central Queensland and areas where farmers need
to clear brigalow regrowth. Farmers were introduced to the differences between
25
Australian Government and state environmental legislation, why they need to
comply with the legislation and how to go about referring activities under all
relevant legislation. These presentations, as well as radio interviews, have raised
EPBC Act awareness in the farming community and increased legal certainty for
farm businesses.
The department, in collaboration with the EPBC Act Information Officer,

continued to consult with farming organisations on nominations for listing
threatened species and ecological communities under the EPBC Act, to improve
processes for listing threatened species and ecological communities and to
develop information products for rural stakeholders. The department and the
EPBC Act Information Officer updated the webpage ‘Farmers and the EPBC Act’
which leads farmers quickly to the information they need to work with the EPBC
Act (see www.deh.gov.au/epbc/farmers). ‘Plain English’ information and fact sheets
on the NFF website were updated. These are particularly useful for farmers coming
into contact with the EPBC Act for the first time (www.nff.org.au/pages/epbc.html).
Consultation register
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 2006 20 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 the 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 functions, terms of reference and current membership of the
committee are listed in Appendix 3 of this report.
In 2005–06 the committee met four times: on 6–8 September 2005, 29 November–
1 December 2005, 7–9 March 2006 and 30–31 May 2006. The committee focused
on the assessment of the conservation status of a large number of Western
Australian, South Australian and Tasmanian species as part of the Species
Information Partnerships. Many of these species are inconsistently listed under the
EPBC Act and state legislation. Information to support the committee’s assessment
was provided by the relevant state governments.

The committee finalised advice for several complex threatened species
nominations, including the koala and orange roughy. The committee provided a
recommendation to the minister on the eligibility of these species for listing.
The committee discussed several strategic issues within its terms of reference,
including the assessment of translocated populations, conservation of marine
species, investigating mechanisms for strategic assessment of threatening
processes, and effective solutions to the challenges of listing threatened ecological
communities.
Biological Diversity Advisory Committee

The Biological Diversity Advisory Committee met on 6–7 December 2005 and
11–12 April 2006. The main issues discussed at both meetings were taxonomy,
biodiversity communication, and how climate change may help the spread of
invasive species. The functions, terms of reference and current membership of the
committee are listed in Appendix 3 of this report.
As a result of the December 2005 meeting the committee, in conjunction with the
Australian Biological Resources Study, wrote a submission to the minister outlining
future issues for taxonomy and identified means of managing these issues.
The 2004–2007 National Biodiversity and Climate Change Action Plan is one of
the first national plans in the world to identify actions to reduce the impact of
climate change on biodiversity. The committee has been instrumental in driving
the climate change and biodiversity agenda with meetings and workshops
which enabled the Australian Government to promote its commitment to
protect Australia’s biodiversity from climate change. This was a substantial policy
development initiative. As a result of the April 2006 meeting, the committee agreed
to organise and run a workshop investigating the effects of climate change in
helping the spread of invasive species.
At the department’s request, the committee contributed to the National Weeds
Strategy and the Review of the National Framework for the Management and
Monitoring of Australia’s Native Vegetation. The committee will continue to
provide input to the National Strategy for the Conservation of Australia’s Biological
Diversity and the National Biodiversity and Climate Change Action Plan.
The committee has identified communicating biodiversity as an important issue.
Market research is being undertaken by the department to examine public use and
understanding of the term with the assistance of the committee.
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 2005–06 the committee met twice: in
December 2005 at Booderee National Park and in June 2006 in Canberra.
27
The committee advises the minister on Indigenous issues under the EPBC Act. The
functions, terms of reference and current membership of the committee are listed
in Appendix 3 of this report.
In 2005–06 the committee advised the minister on:
• Indigenous involvement in the management of world heritage areas

• Indigenous involvement in the management of threatened species and
ecological communities
• the new EPBC Regulations relating to access to biological resources in
Commonwealth areas
• Indigenous participation in natural resource management
• traditional hunting rights in relation to sustainable management of marine
turtles and dugongs
• Indigenous involvement in Commonwealth marine areas.
Australian Heritage Council

The Australian Heritage Council is established under section 4 of the Australian
Heritage Council Act 2003. The council is the principal adviser to the Australian
Government on heritage matters. Its functions include assessment of nominations
for the National Heritage List and the Commonwealth Heritage List; advising the
minister on the protection of places in the national or Commonwealth heritage
lists; and keeping the Register of the National Estate. The functions, terms of
reference and current membership of the committee are listed in Appendix 3 of
this report.
In 2005–06 the council met 17 times. The meetings were held in Canberra,
Melbourne, Perth and Sydney and via teleconference. A total of 76 assessments for
the National Heritage List were provided to the minister and 22 assessments for
the Commonwealth Heritage List. The council also considered several strategic
issues related to its functions, including raising the profile of the National Heritage
List; possible improvements in the application of the national heritage assessment
criteria; fully integrating heritage assessments to take account of historic, natural
and Indigenous heritage values; and the Productivity Commission report on the
Inquiry into Policy Framework and Incentives for the Conservation of Australia’s
Historic Built Heritage Places.

2. Conserving biodiversity
2.1 Identifying and monitoring biodiversity and making

bioregional plans
Identifying and monitoring biodiversity (section 171)
The department provided Natural Heritage Trust funding for projects in the
Northern Territory and Torres Strait involving traditional owners in monitoring
work. Projects include:
• Tiwi and Melville Islands—traditional owners worked on satellite tracking olive
ridley turtles, harvest monitoring and feral dog control at nesting beaches to
increase hatchling survival.
• Torres Strait—traditional owners worked on satellite tagging hawksbill and
green turtles, monitoring reproductive status of green turtles and harvest
monitoring.
Inventories of listed threatened species etc. on Commonwealth land

(section 172)
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 were prepared. The 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
database.
Surveys of cetaceans, listed threatened species etc. in Commonwealth

marine areas (section 173)
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 2005–06, the department provided Natural Heritage Trust funding for five
cetacean projects. These projects were:
• aerial southern right whale surveys off the southern coastline between Cape
Leeuwin and Ceduna
• aerial blue whale surveys in Geographe Bay, Western Australia; Perth Canyon,
Western Australia; and the Bonney Upwelling region, Victoria–South Australia
• aerial and land-based humpback whale surveys, Shark Bay, Western Australia.
29
Bioregional planning (section 176)
Under the Australian Government’s new approach to regional marine
planning, marine bioregional plans are being developed for waters within
the Commonwealth’s jurisdiction under section 176 of the EPBC Act. Marine
bioregional plans focus on meeting Australian Government conservation and
heritage responsibilities within these waters. The plans will therefore be key
documents to guide the minister, sectoral managers and industry about the
conservation issues and priorities in each marine region.
The plans will draw on Australia’s growing marine science and socio-economic
information base to provide a detailed picture of each marine region. Each plan
will describe a region’s key habitats and species; natural processes; human uses
and benefits; and threats to the long-term ecological sustainability of the region.
The plans will detail the statutory obligations under the EPBC Act that apply in any
region, and will describe the conservation measures in place, such as those relating
to recovery planning for threatened species.
The plans will also assist in developing the National Representative System of
Marine Protected Areas in Commonwealth waters around Australia. This was
previously undertaken as a separate programme. A proposed network of marine
protected areas will be included in each draft marine bioregional plan.
The department continues to lead the new approach to regional marine planning.
Four-year funding of the programme until 2010 will see planning undertaken in
all five of Australia’s marine regions, and include a national network of marine
protected areas in Commonwealth waters.
2.2 Protecting species and ecological communities
Listed threatened species and ecological communities

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.
Process for listing species

There were 15 public nominations received under the EPBC Act for species during
2005–06. The minister made decisions on advice from the committee in regard to
13 species nominations, including nominations received in 2004–05, resulting in
nine amendments to the list of threatened species (see Table 9, Appendix 1 of
this report).
The committee must provide advice to the minister within 12 months of receiving
a nomination or seek a formal extension to this statutory timeframe. On all

occasions the deadline was met or an extension sought and approved as required
in the legislation. The minister made decisions on advice from the committee
within the 90-day statutory timeframe for 12 species. Due to the complexity of the
koala nomination and the need for extensive consultation, the statutory 90-day
timeframe was exceeded for this species.
Process for listing ecological communities
As at 30 June 2006 the committee was considering 33 nominations to list ecological
communities, and working through the assessment of over 640 threatened
ecological communities listed under relevant state and territory legislation.
To ensure that all ecological community listings are scientifically sound, the
assessment of nominations includes extensive research, public consultation and
receiving the views of relevant experts. Twelve technical workshops involving
experts and Australian Government and state officials were held to assist in
identifying the status of nominated ecological communities and to define
condition classes. Technical workshops were held for the following ecological
communities: ribbon gum–mountain gum–snow gum–black sallee woodlands
on basalt north of the Hunter Valley; New England peppermint (Eucalyptus
nova-anglica) woodland on sediment on the northern tablelands; New England
peppermint woodland on basalt on the New South Wales northern tablelands;
mixed microphyll/notophyll rainforest; coolabah (Eucalyptus coolabah)–black
box (Eucalyptus largiflorens) woodlands of the northern New South Wales wheat
belt and Queensland brigalow belt bioregion; Brogo wet vine forest; dry rainforest
of south-east New South Wales; Candelo dry grass forest of south-east New South
Wales; Bega dry grass forest of south-east New South Wales; Murray Valley grassland
of the Riverina bioregion; lowland temperate grasslands of Tasmania; and Arnhem
Plateau sandstone heath.
The outcomes of the technical workshops are on the department’s website for
public comment along with the nominations and expert questions.
Nine new public nominations were received: for the white gum (Eucalyptus
viminalis) wet forest; Eucalyptus ovata forest and woodland in Tasmania; sedge-
rich Eucalyptus camphora swamp community; Arnhem Plateau sandstone heath;
lowland temperate grasslands of Tasmania; forest red gum grassy woodland of
Gippsland, Victoria; central Gippsland plain grassland of the south-east coastal
plain; Murray Valley grassland of the Riverina bioregion; and temperate lowland
plains grassy wetland.
The minister made decisions on advice from the committee in regard to five
ecological community nominations, resulting in six amendments to the list of
ecological communities. Five ecological communities were added to the EPBC Act
and one ecological community, the grassy white box woodlands, was removed.
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This ecological community is now part of the newly listed white box–yellow
box–Blakely’s red gum grassy woodland and derived native grassland ecological
community.
The five ecological communities listed in 2005–06 are:
• white box–yellow box–Blakely’s red gum grassy woodland and derived native
grassland
• weeping myall–coobah–scrub wilga shrubland of the Hunter Valley
• upland wetlands of the New England tablelands and the Monaro plateau
• turpentine–ironbark forest in the Sydney basin bioregion
• blue gum high forest of the Sydney basin bioregion.
All decisions were made within the 90-day statutory timeframe.
Process for listing key threatening processes

Five nominations were received under the EPBC Act for key threatening processes
during 2005–06. The minister made decisions on advice from the committee in
regard to two key threatening processes, which resulted in one amendment to the
list of key threatening processes. These decisions were the listing of ‘predation
by exotic rats on Australian offshore islands’ and the rejection of a nomination
to list the ‘loss of hollow-bearing trees in native forests and woodlands due to
ecologically unsustainable firewood harvesting practices’.
The minister’s decision regarding the ‘predation by exotic rats on Australian
offshore islands’ nomination was made within the 90-day statutory timeframe. The
timeframe for decision on the ‘loss of hollow-bearing trees in native forests and
woodlands due to ecologically unsustainable firewood harvesting’ nomination
was exceeded due to the need for thorough consultation and consideration of the
complex issues.

Case study: Predation by exotic rats on Australian offshore islands
‘Predation by exotic rats on Australian offshore islands of less than 1 000
square kilometres (100 000 hectares)’ was listed as a key threatening process
in 2005–06.
The black rat, the brown rat and the Pacific rat are introduced exotic species
that inhabit many of Australia’s offshore islands. The black rat is the most
widespread of the three exotic rat species and all are recognised predators
of Australian native wildlife. Populations of these three rat species have been
recorded on at least 95 Australian offshore islands of less than 1 000 square
kilometres.
The presence of exotic rats on small offshore islands can have a greater
impact than on mainland Australia, due to the unique biodiversity and
vulnerability of these island ecosystems.
Exotic rats are opportunistic feeders; their diet at any one time generally
reflects the availability of food in their environment. They eat both plant
and animal matter all year round and are able to use a diverse range of food
sources and to colonise different environments. They prey primarily on birds,
small mammals, tortoises, lizards, large insects, land molluscs and plant seeds
and seedlings. In addition to their impact as predators, exotic rats may also
exert an influence as competitors for limited food sources.
With listing as a key threatening process, a threat abatement plan will be
developed to coordinate current and future activities to control the impacts
of exotic rats.
Changes to the Register of Critical Habitat

Under section 207A of the EPBC Act the minister may identify and list habitat
critical to the survival of a listed threatened species or ecological community and
record details of this identified habitat in a Register of Critical Habitat.
There were no additions to the register in 2005–06.
Permits for listed threatened species and ecological communities

Eleven applications were received under Part 13 of the EPBC Act to ‘move, take,
kill, injure, trade or keep listed threatened species and ecological communities
on or to Commonwealth land’. Examples of permits issued included permits to
collect seeds from natural temperate grassland, the button wrinklewort (Rutidosis
leptorrhynchoides) and the Ginninderra peppercress (Lepidium ginninderrense)
as part of a Greening Australia Seeds for Survival project; and a permit to move
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25–30 rufous hare-wallabies (Largochestes hirsutus) from a captive population at
Watarrka National Park, Northern Territory, to a 170 hectare feral-proof enclosure
at Uluru–Kata Tjuta National Park.
Migratory species
The department continued to work to meet the Australian Government’s

obligations under international arrangements for migratory and marine species
to which Australia is a party or a signatory. These include the Convention on
Migratory Species (CMS or the Bonn Convention), 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 Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), and the Indian Ocean–South East Asian
Turtle Memorandum of Understanding.
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 EPBC Act Part 13 list of migratory species is
as accurate and as comprehensive as possible.
On 8 February 2006 the Republic of Korea–Australia Migratory Birds Agreement
(ROKAMBA) was agreed and a text has been initialled by both countries. Both
countries are now undertaking their formal treaty making processes. The
agreement is expected to be signed in 2006–07. Once signed, section 209 (3)(b) of
the EPBC Act will be amended to include reference to ROKAMBA.
At the eighth conference of the parties to the Convention on Migratory Species
(Kenya, November 2005), Australia and the United Kingdom successfully moved to
add the highly migratory basking shark (Cetorhinus maximus) to the appendices
of the convention in recognition of its special conservation needs as a migratory
species. As a result, the basking shark is being added to the EPBC Act’s list of
migratory species.
Australia also successfully proposed the development of a global conservation
instrument for migratory sharks under the Convention on Migratory Species, and
the development of a regional conservation arrangement for marine turtles in the
Pacific region. These initiatives are likely to be progressed in 2006–07.
Australia led development of a regional conservation arrangement for dugongs
under the Convention on Migratory Species. With the Government of Thailand,
Australia co-hosted a second intergovernmental meeting in May 2006 to finalise
this arrangement.

Australia is a signatory to the Indian Ocean South-East Asia Marine Turtle
Memorandum of Understanding (IOSEA) which came into effect in 2001. The
memorandum of understanding puts in place a framework through which states of
the region, as well as other concerned states, can work together to conserve and
replenish depleted marine turtle populations for which they share responsibility.
Also in relation to migratory species, 24 fishery assessments received Part 13
accreditations under the EPBC Act. Accreditation under Part 13 ensures that
individual fishers operating in accordance with the relevant fishery management
plan or regime are not required to seek permits in relation to interactions with
protected species.
Permits for migratory species

During the year three migratory species permits were issued under section 216
of the EPBC Act. Permits were issued to place satellite transmitters on up to 20
saltwater crocodiles (Crocodylus porosus) in Kakadu National Park to research
movements; to transport crocodile eggs through Kakadu National Park; and for
the Antarctic Arts Fellowship project to collect dead biological material including
feathers, shells and bones from any Antarctic bird species.
Marine species
Permits for listed marine species

Seven permits were issued under section 258 of the EPBC Act. Permits were
for science related activities including research on the impact of trawling on
populations of sea snakes in the Queensland East Coast Trawl Fishery; killing up to
150 and keeping or moving up to 1 000 magpie geese (Anseranas semipalmata)
in Kakadu National Park for research into gut contents and avian influenza;
attaching transmitters to Weddell seals; and collecting dead specimens and
biological material from emperor and Adelie penguins.
Whales and other cetaceans

Activities to improve the management and conservation status of whales and other
cetaceans in Australian waters included:
• launching a major website on whales and other cetaceans (www.saveourwhales.
gov.au) which includes a new online database for sightings and strandings, and
a section for school children
• publishing Australian National Guidelines for Whale and Dolphin Watching 2005
• developing standardised protocols for collection of biological samples from
stranded cetaceans
• beginning a review of the conservation status of Australia’s smaller whales and
dolphins
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• developing a strategy to improve reporting of protected species interactions
with commercial fishers
• hosting the National Whale and Dolphin Research Conference in Adelaide,
21–22 February 2006.
In relation to cetaceans, 25 fishery assessments received Part 13 accreditations

under the EPBC Act. Accreditation under Part 13 ensures that individual fishers
operating in accordance with the relevant fishery management plan or regime are
not required to seek permits in relation to interactions with protected species.
Permits for whales and other cetaceans

In 2005–06 the department received seven applications and issued five permits
which involved the import of whale products of significant indigenous value,
undertaking scientific research, and approaching cetaceans for documentary
filming. Conditions were varied on two cetacean permits issued in previous years.
No permits were suspended or cancelled.
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 840 nationally threatened species and ecological communities now
have recovery plans in place or in preparation; 92 per cent of critically endangered
species and 60 per cent of endangered species currently have plans in place or in
preparation.
The EPBC Act has now been in operation for more than five years, and in
accordance with the Act’s requirements there are an increasing number of
recovery plans due for review. Reviews for 20 plans are currently under way.
During 2005–06, 31 recovery plans covering 31 terrestrial threatened species and
one ecological community were made or adopted under the EPBC Act. Species
and communities covered include the Gilbert’s potoroo in Western Australia,
northern hairy-nosed wombat in Queensland, Slater’s skink in the Northern
Territory and the natural temperate grassland endangered ecological community
of the southern tablelands of New South Wales and the Australian Capital Territory.
Recovery plans for 22 Western Australian flora species were also adopted.
More strategic and integrated approaches to threatened species recovery and
threat abatement continued to be explored in 2005–06. The department is
currently trialling four regional pilots to demonstrate a landscape approach to
developing and implementing recovery plans. The pilots are running in the south
coast of Western Australia, Norfolk Island, the Border Ranges region in New South
Wales and Queensland, and Mount Lofty in South Australia. A regional pilot for the

northern rivers region of New South Wales is being developed. A regional recovery
plan for Christmas Island is under way.
Implementation of recovery plans for many priority species continued, including
the Julia Creek dunnart, Coxen’s fig parrot, golden sun-moth, spot tailed quoll and
the repatriation of the Tammar wallaby from New Zealand. Activities to recover
these species included protecting and expanding habitat through fencing and
revegetation, captive breeding programmes, weed and feral pest control, and
community education.
Recovery plans in force for marine species include plans for the grey nurse shark,
great white shark, whale shark, southern elephant seal and subantarctic fur seal,
four handfish species, marine turtles, and 10 seabird species. All these plans were
made within statutory timeframes. A recovery plan for the Australian sea lion is
nearing finalisation.
Threat abatement planning

New threat abatement plans were made to abate the impacts of pigs, beak and
feather disease, amphibian chytrid disease and tramp ants. In accordance with the
EPBC Act requirement for five-yearly review of threat abatement plans, the feral
goat, rabbit, cat, fox, Phytophthora and long-line fishing plans have been reviewed.
Revised threat abatement plans for these threatening processes are expected to be
published in 2006–07.
A threat abatement plan for ‘predation by exotic rats on Australian offshore islands
of less than 1 000 square kilometres (100 000 hectares)’ is being developed. The
development of a threat abatement plan for ‘injury and fatality to vertebrate
marine life caused by ingestion of, or entanglement in, harmful marine debris’
continued during 2005–06.
Outcomes of projects this year that addressed strategies in threat abatement plans
included progress in developing direct control measures for particular invasive
species (such as a poisoned bait for feral cats) or for groups of invasive species
(such as trial fencing designs for excluding invasive vertebrates from areas of value,
including conservation areas). Over $380 000 from the Natural Heritage Trust was
provided to Tasmania for the Fox-free Tasmania programme.
Wildlife conservation plans for migratory species (section 298 report)

On 2 February 2006 the Minister for the Environment and Heritage made the first
wildlife conservation plan under the EPBC Act. The plan sets out the research and
management actions necessary to support the survival of 36 species of migratory
shorebirds.
The department contributed $75 000 towards developing a conservation
instrument for migratory sharks under the Convention on Migratory Species.
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Australia is a range state for all three migratory sharks listed on the convention
(whale shark, great white shark, and basking shark) and the development of an
instrument could assist in protecting these species when outside Australia’s waters.
The department contributed $35 000 to assist in developing a conservation
arrangement for marine turtles in the Pacific region under the Convention on
Migratory Species. Australia shares marine turtle stocks with Pacific countries,
and a conservation arrangement could help protect marine turtles when outside
Australia’s waters.
In March 2006 the minister announced the Australian Government has contributed
$55 000 to the 2006 Year of the Sea Turtle campaign launched by the secretariat of
the Indian Ocean South-East Asia Marine Turtle Memorandum of Understanding
(IOSEA).
The department contributed $60 000 towards the development of a partnership
for the conservation of migratory waterbirds and the sustainable use of their
habitats in the East Asian–Australasian Flyway. Australia is a range state for 36
species of migratory shorebirds listed under the Convention on Migratory Species
or Australia’s migratory birds agreements with Japan (JAMBA) or China (CAMBA).
Exemptions under section 303A

Two applications were received for exemptions under section 303A from requiring
a permit under Part 13 of the Act which deals with the protection of species
and communities in Commonwealth areas. One exemption was approved for
the import of products containing parts of cetaceans for display at the National
Museum of Australia.
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

• 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
Following the successful nomination of the great white shark (Carcharodon
carcharias) for inclusion in CITES Appendix II, the department continues
to work to develop tools to identify great white shark parts and derivatives.
Australia continued its leadership role as the regional representative for Oceania
(incorporating CITES parties Australia, Fiji, New Zealand, Palau, Papua New
Guinea, Samoa and Vanuatu) on the CITES Standing Committee. The department
has ensured that the interests of the Oceania region are represented in CITES
business. The fifty-third meeting of the standing committee was held in Geneva
from 27 June–1 July 2006.
The next standing committee meeting is expected to be in October 2006. At
that meeting working groups will report on progress towards agenda items
and documents for consideration at the next conference of the parties. The
department is involved in working groups on development of a new strategic
plan, development of compliance guidelines, review of the scientific committee
structure, operation of personal and household effects exemptions, and
operation of export quotas; and has taken part in discussions on the definition
of ‘introduction from the sea’, and synergy with the Convention on Biological
Diversity.
The department will contribute, through regional representatives, to meetings of
the animals and plants committees in Lima, Peru in July 2006.
A successful regional CITES capacity building workshop was held in Brisbane
from 8–11 May 2006. All parties and several non-parties from the Oceania region,
the convention secretariat and relevant intergovernmental and non-government
organisations were represented. Presentations were made on administrative and
scientific aspects of the work of CITES from a distinctly regional perspective.
Attendees participated in a practical exercise aimed at securing funding for key
capacity building projects, and attended a field trip. A strategic Oceania regional
meeting (primarily for the parties) was held immediately following the workshop
on 12 May 2006.
The department supported the placement of an Australian youth ambassador for
development in the CITES management authority of Fiji from March 2005–
March 2006. This placement helped Fiji develop its legislation for implementation
of CITES and education activities on CITES issues.
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Sustainable wildlife industries
In 2005–06 the department continued to manage the Natural Heritage Trust
programme Supporting Sustainable Flora Industries. Funding was provided
for a consultancy to develop National Guidelines on the Sustainable Harvest of
Australian Native Flora. The guidelines were considered by the National Flora
Management Network at their meeting in May 2006.
Outcomes from a Grass Tree Focus Group meeting, particularly relating to
improving compliance under the EPBC Act, emphasised cross-jurisdictional
implications for a number of other flora species that are in trade and in
high demand.
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. During the year, five wildlife trade management plans were
approved for the management of crocodiles in the Northern Territory, wallabies on
Flinders Island, wallabies on King Island, flora in Queensland and soft tree ferns
in Tasmania. These plans have enabled the Australian Government to ensure that
wildlife can be used as a natural renewable resource.
Wildlife trade permits and programmes

During 2005–06, 2 520 wildlife trade permits and 24 255 personal accompanied
baggage permits were issued. Twenty-five applications were received to amend
the list of specimens suitable for live import and 13 amendments to this list were
registered on the Federal Register of Legislative Instruments and tabled. Three
species—milkfish (Chanos chanos), collared dove (Streptopelia decaocto) and
ferret (Mustela putorius)—were rejected for inclusion on the live import list.
The department assessed 462 wildlife trade permit applications for non-
commercial purposes to ensure that they complied with legislative conservation
and animal welfare requirements. A total of 410 of these permits were issued,
mainly to zoos and scientific researchers. They included permits to import eight
Asian elephants from Thailand and to export koalas to China and Tasmanian
devils to Denmark. Where applicants were receiving mammals, reptiles, birds or
amphibians, their facilities were assessed for animal welfare requirements.
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:
• two cooperative conservation programmes
• two commercial import programmes
• five individual wildlife trade operations (non-fisheries)
• 10 artificial propagation programmes

• one aquaculture programme
• one captive breeding programme.
Other outcomes included:
• granting nine testing permits to assess host specificity of proposed biological
control agents
• conducting training sessions throughout Australia for over 450 staff of the
Australian Customs Service and state wildlife agency officers, to enable them to
enforce the wildlife trade provisions of the EPBC Act
• further enhancements to the three risk assessment models the department
uses to assist in decision-making on live import list amendments
• continued production of publications and other material to improve public
awareness of exotic pets, the illegal movement of wildlife, wildlife conservation
and complementary medicines.
2.4 Conservation agreements

The EPBC Act enables the environment minister to enter into conservation
agreements with another party to protect and conserve biodiversity or heritage.
There are currently six conservation agreements in place to protect matters of
national environmental significance, such as threatened species and ecological
communities, including the mountain pygmy possum, the giant barred frog and
the world heritage values of the Great Barrier Reef.
41
Case study: Mount Buller conservation agreement
Conservation agreements have traditionally been used to achieve
conservation goals within a land management context, but the Australian
Government has recently pioneered the use of a conservation agreement as

part of the compliance toolkit.
Mount Buller in Victoria is home to a small but important population of the
endangered mountain pygmy possum. The pygmy possum has very specific
habitat requirements and has become increasingly rare at Mount Buller in
recent years. In 2003 the company operating the ski fields at Mount Buller
undertook slope grooming and expansion activities without EPBC Act
approval in an area of pygmy possum habitat.
The Australian Government investigated the matter and concluded that the
damage to the pygmy possum habitat in the fragile alpine environment was
significant and the company may have breached the EPBC Act.
As an alternative to taking legal action, the government negotiated a
conservation agreement with the ski lift company to remediate the habitat
damage. The conservation agreement provides a legally binding framework
for a plan of action that requires the company to spend more than $350 000
on a range of projects to rehabilitate habitat, undertake research and
contribute to the recovery plan for the pygmy possum. The agreement
also sets out improved environmental management requirements for the
company’s future operations.
While this approach will not be appropriate for all compliance matters,
in certain circumstances conservation agreements can provide an innovative
mechanism for resolving legislative breaches in a way that delivers tangible
on-ground environmental benefits, and achieves longer-term behavioural
change.

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 expert advisory body on heritage matters.
The Australian Heritage Council has responsibility under the EPBC Act for
assessing the heritage values of places for the National Heritage List and the
Commonwealth Heritage List. Such assessments can be instigated by referral
by the minister of nominations made by the public for either of the lists, by
direct request for assessment by the minister or by the council commencing
an assessment on its own initiative. The council provides its assessments to the
minister who makes the decisions on whether places are listed.
During 2005–06 the council provided advice to the minister on 39 national
heritage assessments, six Commonwealth heritage assessments, one management
plan for a Commonwealth heritage place and two works proposals for places
included in the Commonwealth Heritage List. Nine Commonwealth agencies
sought advice from the council and have taken its advice into account in preparing
their heritage strategies.
The council has provided statutory advice to proponents wishing to make changes
to places with national or Commonwealth heritage values.
World heritage
There are 16 Australian properties inscribed on the World Heritage List.
Fifteen of the 16 Australian properties on the World Heritage List have
management plans. The Australian Government provided $8 million in 2005–06
from the Natural Heritage Trust to assist the states to manage 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.
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National heritage
As at 30 June 2006 the minister had included 31 places in the National Heritage
List. The 21 places added to the list in 2005–06 were:
• Sydney Opera House, NSW
• First Government House Site, NSW

• North Head, Sydney
• Glenrowan Heritage Precinct, Vic
• Newman College, Vic
• Melbourne Cricket Ground, Vic
• ICI Building (former), Vic
• Sidney Myer Music Bowl, Vic
• HMVS Cerberus, Vic
• Point Nepean Defence Sites and Quarantine Station Area, Vic
• South Australian Old and New Parliament Houses, SA
• Tree of Knowledge and curtilage, Qld
• Batavia Shipwreck Site and Survivor Camps Area 1629, Houtman Abrolhos, WA
• Fremantle Prison (former), WA
• Dirk Hartog Landing Site 1616, Cape Inscription Area, WA
• Richmond Bridge, Tas
• Recherche Bay (North East Peninsula) Area, Tas
• Hermannsburg Historic Precinct, NT
• Australian Academy of Science Building, ACT
• Australian War Memorial and Memorial Parade, ACT
• Old Parliament House, ACT.
One place was removed from the national list during the year—Alpine National
Park, Victoria. This place had been entered in the list by the minister under
the emergency provisions of the EPBC Act and had then been referred to the
Australian Heritage Council for assessment. Although the council found that the
park had national heritage values, it recommended that the whole of the Australian
Alps be assessed for listing rather than individual parks. The minister agreed and
removed the Alpine National Park from the list and requested the council to assess
the whole of the Australian Alps.
The minister decided not to include a total of 22 places in the list in 2005–06.
The reasons for the minister’s decision in each case are available on the heritage
public notices database at www.deh.gov.au/cgi-bin/epbc/heritage_ap.pl.

During 2005–06 the Australian Heritage Council was requested by the minister to
undertake 51 new assessments of places for the National Heritage List, including 48
nominations from the public. The council made considerable progress in the year
in meeting its responsibilities under the new heritage system. As at 30 June 2006
the council was processing or had completed a total of 148 assessments for the
National Heritage List (39 completed in 2005–06). 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.
Provisions in the EPBC Act enable the minister to include in the National Heritage
List a place that the minister believes may have national heritage values which are
under threat. During 2005–06 the minister received requests for the emergency
listing of eight places in the National Heritage List. As at 30 June 2006 no places
had been emergency listed, three places were being processed, and five had been
rejected. Requests for emergency listing and reasons for the minister’s decision in
the case of rejections 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 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.
Regulations were made in July 2005 specifying criteria to be met by state or
territory management plans for World Heritage List properties and for National
Heritage List places for accreditation purposes.
The minister has accredited a management plan for the Sydney Opera House.
The plan covers the gazetted national heritage values of the place. In accordance
with an approvals bilateral agreement entered into by the New South Wales and
Australian governments, any action proposed to be taken in accordance with
the accredited management plan will not need to be referred to the minister for
approval under the EPBC Act.
Management plans are currently being prepared for Mawson’s Huts Historic Site in
Antarctica and the Royal Exhibition Building National Historic Place in Melbourne.
The department has written to the Tasmanian agency responsible for managing
Richmond Bridge and to Wangaratta Rural City Council for the Glenrowan Historic
Precinct seeking cooperative approaches in the preparation of management plans
45
consistent with national heritage management principles. Although many of the
places included in the National Heritage List have management plans prepared
under state or territory legislative arrangements, these may not fully satisfy EPBC
Act requirements. The department has commissioned consultants to report on the
adequacy of plans to protect listed heritage values and consistency with the
EPBC Act.
During 2005–06 there were a number of initiatives to commence development
of management plans for places in the National Heritage List. For example, the
Australian Government provided funding to develop a plan, to be consistent
with the national heritage management principles, for the national heritage listed
Brewarrina Fish Traps (Baiames Ngunnhu) in New South Wales. The government
also provided funding to develop a sustainable tourism strategy for the Budj Bim
National Heritage Landscape in Western Victoria.
Commonwealth heritage
The Commonwealth Heritage List includes natural, Indigenous and historic places
in Commonwealth areas (land and waters owned or leased by the Commonwealth)
identified by the minister as having Commonwealth heritage values.
As at 30 June 2006 the Commonwealth Heritage List included 339 places, including
such places as:
• 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
• North Keeling Island, Cocos (Keeling) Islands.
The minister has decided not to include a total of nine places in the list (all in
2005–06). The reasons for the minister’s decisions in each case are available on the
heritage public notices database at www.deh.gov.au/cgi-bin/epbc/heritage_ap.pl.
As at 30 June 2006 the Australian Heritage Council was assessing nine places for
listing in the Commonwealth Heritage List, all public nominations. Three new
public nominations were received during the year. Places under assessment for
the Commonwealth Heritage List include the Canberra School of Art and nine
Queensland places including Green Hill Fort on Thursday Island, Low Islets Light
Station and Victoria Barracks in Brisbane. Information on nominations and places
listed in the Commonwealth Heritage List is available online at
www.deh.gov.au/heritage.

Provisions in 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 2005–06 the
minister received no requests to emergency list places in the Commonwealth
Heritage List.
Progress in preparing Commonwealth agency heritage strategies
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 provides
the publications Heritage Strategies—A Guide for Commonwealth Agencies
and Process for Preparation of a Commonwealth Agency Heritage Strategy,
Assessment Programme and Heritage Register to assist agencies with their
responsibilities under the EPBC Act.
The minister advised nine Commonwealth agencies that their heritage strategies
are consistent with the Commonwealth heritage management principles. The
agencies are Air Services Australia, Bureau of Meteorology, Department of Defence,
Department of the Environment and Heritage, Department of Transport and
Regional Services, Great Barrier Reef Marine Park Authority, National Capital
Authority, Sydney Harbour Federation Trust and the Department of Finance and
Administration. Four other agencies have submitted their draft heritage strategies
to the Australian Heritage Council for comment and nine more are preparing their
strategies and have sought advice from the department.
Progress in developing management plans for Commonwealth heritage places

The department continues to provide advice and to 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
47
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 in accordance with the plan. If plans are already in place
and are consistent with the new Commonwealth heritage management principles
prescribed in the EPBC Regulations, a new plan will not be required.
Following advice from the Australian Heritage Council the minister decided
that the management plan for Mount Stromlo Observatory is consistent with
the Commonwealth heritage management principles. The observatory was
severely damaged by bushfire on 18 January 2003 but still retains significant
Commonwealth heritage values. The management plan will guide future
development and protect the heritage values of the remaining buildings
and structures.
The council provided advice on a management plan for the High Court–National
Gallery Precinct. Commonwealth agencies that have completed their heritage
strategies have commenced, or are about to commence, their nominated
programme for the preparation of management plans for Commonwealth places
that they own or control. Commonwealth agency programmes for preparing
management plans, as detailed in their heritage strategies, extend from 2006
until 2015.
Wetlands of international importance

No additional sites were designated as Wetlands of International Importance under
the Ramsar Convention during 2005–06. However, a number of nominations are
being progressed around Australia for under-represented wetland types.
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 date, 50 of the 64 listed Australian Ramsar wetlands have
management plans or draft plans in place. During 2005–06 a number of draft
management plans were assessed for consistency with the Australian Ramsar
Management Principles, including Lake McLarty Nature Reserve Draft Management
Plan 2005 (Western Australia), and the draft plan for Bool and Hacks Lagoon
(South Australia).
Section 336 of the EPBC Act allows the Commonwealth to provide assistance for
the protection or conservation of a Ramsar wetland. No direct assistance has been
provided under this section of the Act. 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 a number

of marine protected areas. These projects will helps to inform future management
of the wetlands and EPBC Act decision-making.
The department convened a workshop on describing the ecological character of
Ramsar wetlands in May 2006. The workshop focused on developing a nationally
agreed process for describing the ecological character of Ramsar wetlands. A
legal review of the framework for describing the ecological character of Ramsar
wetlands in relation to its adequacy to support implementation of the EPBC Act
was undertaken as a background paper for consideration by the workshop.
Biosphere reserves
In response to the 2003 Periodic Review of Australian Biosphere Reserves, the
Western Australian Department of Conservation and Land Management agreed
with the recommendations of the UNESCO (United Nations Educational, Scientific
and Cultural Organisation) advisory committee that it is appropriate to withdraw
the Prince Regent site from the World Network of Biosphere Reserves.
No new nominations were submitted in 2005–06, although several sites are being
considered for nomination.
No financial or other assistance was provided under section 341 in 2005–06
beyond the provision of technical and other advice to a number of organisations
and groups involved in biosphere reserve development.
49
4. Monitoring and compliance
Overview
The increased resources devoted to compliance and enforcement since 2004–05
have achieved useful outcomes. The number of investigations has increased and
their calibre has improved. A comprehensive recording and tracking system for
new reports and cases is now in operation.
A significant achievement has been the noticeable improvement in cooperation
between agencies at all levels of government in relation to monitoring, compliance
and enforcement of environmental legislation, flowing directly from the
department’s initiatives. The work and cooperation achieved though the Australian
Environmental Law Enforcement and Regulation Network is a telling example
of this.
As a significant step in its increasing focus on compliance and enforcement, the
department has adopted a more stringent approach to post referral and approval
verification, monitoring and auditing. A draft audit strategy has been prepared and
a programme for post-approval monitoring and audit developed.
Compliance
During 2005–06 the department consolidated its procedures for handling
compliance incidents relating to Part 3 of the EPBC Act. The department dealt
with 350 reports of incidents or activities potentially in breach of the provisions
relating to activities that may have a significant impact on matters of national
environmental significance and 210 of these warranted further inquiry. This
was a result of increased awareness of the EPBC Act and an improved capacity
to respond to reports. Reports come from a wide variety of sources and each
report is carefully investigated to determine whether or not the EPBC Act does
or should apply. The department increasingly focused on working cooperatively
with other government agencies from both state and local jurisdictions to improve
compliance with the Act.
In addition, the department receives many reports of activities that are primarily of
state or local concern, but which nevertheless need to be investigated sufficiently
to establish that the EPBC Act does not apply. Consistent with the department’s
compliance and enforcement policy, a range of flexible and targeted measures
are used to promote compliance and respond to breaches. Where compliance
approaches fail, enforcement has been and will continue to be applied. This
year for the first time a formal conservation agreement was used to achieve
environmental remediation in response to a compliance matter
(see Mount Buller case study).

Many compliance incidents dealt with by the department involve actions that
have not yet taken place. In these cases, the department investigates to determine
whether or not the activity should be regulated by the EPBC Act. In 2005–06,
seven per cent of all referrals received by the department resulted from active
compliance intervention.
Post referral and approval verification, monitoring and auditing
In order to ensure that the referral, assessment and approval regulatory system
established under the EPBC Act is applied rigorously and is enforceable,
the department has adopted a structured, compliance based approach. The
department has established a compliance auditing programme to monitor
adherence to approval conditions and particular manner decisions.
In developing this approach, the department liaised with other jurisdictions
and members of the Australian Environmental Law Enforcement and Regulators
Network. In a joint project with the network, a compliance audit training package
is under development.
A pilot post-approval monitoring programme to measure adherence to approval
conditions was carried out and the programme is being reviewed and refined
before being fully implemented in 2006–07. A consultant has been engaged to
assist in preparing an auditing strategy and audit plan for 2006–07.
In addition to ensuring that conditions of project approval are complied with,
the monitoring and audit programme will provide important feedback for the
assessment and approval process, and for refining condition-setting procedures.
2005 Australian Environmental Law Enforcement and Regulators Conference

The Australian Environmental Law Enforcement and Regulators network,
launched in 2004 to promote cross-jurisdictional dialogue and cooperation for
environmental law enforcement and regulation, achieved several milestones in
2005–06. The network now has 18 agency members, including at least one agency
in every jurisdiction. Twelve agencies signed the network charter during 2005–06.
Recognising the maturation of the network, the Australian Government, which has
provided the chair since the network’s formation, will relinquish this role to a state
agency in July 2006.
The network held its second national conference in Brisbane in November 2005 on
the theme ‘Working Together for Regulatory Compliance’. The conference drew
232 delegates and included sessions on wildlife, water, native vegetation, pollution,
cultural heritage and regulatory practice.
The network has established several working groups to undertake projects
including training and establishing best practice. Through the training working
51
group, the department took a lead role in setting national standards and
consistency for customised environmental training and has developed two
nationally accredited courses at certificate four level in statutory compliance and
investigations. These courses were delivered to 25 departmental officers during
2005–06.
The network provides a national perspective and has helped promote a culture
shift within government agencies in all jurisdictions so that it is becoming usual to
work collaboratively towards regulating and protecting the environment.
Compliance assurance pilot project

The compliance assurance pilot project, initiated in 2004–05, was expanded from
four to eight local government areas and the Northern Territory. The project was
designed to sample the level of compliance with Part 3 of the EPBC Act and gauge
the effectiveness of the department’s monitoring, compliance and enforcement
activities. The project involved comparing referrals received by the department
with development applications received at the local government level, in regions
where high levels of development activity were occurring in sites containing
matters of national environmental significance.
Some of the findings and recommendations of the project involve improving the
links between the department and local governments or state agencies, particularly
where development pressures coincide with matters of national environmental
significance. These recommendations have fed into several initiatives undertaken
in 2005–06 including strategic regional planning work in Bunbury and Busselton,
Western Australia, Mission Beach and Magnetic Island in Queensland, and the
Geelong–Surf Coast area, Victoria.
In Victoria, a number of compliance incidents and referrals to the south and west
of Melbourne have concerned the critically endangered spiny rice-flower (Pimelea
spinosa). The department worked closely with the Victorian Department of
Sustainability and the Environment and several local governments and provided
funds through the Natural Heritage Trust to improve knowledge of the plant’s
distribution. This information will not only be used to assist in the department’s
decision-making for the species but may also be used to inform planning and
management measures that could prevent further loss of important populations of
the species.
The department continued to educate and raise awareness about the requirements
of the EPBC Act, particularly where clusters of compliance reports were received.
Activities include written and telephone communications, site visits, seminars, and
workshops with local government authorities and relevant industry and
interest groups.

Investigations and enforcement
The department continued to operate in a tri-agency model of environmental
investigations in conjunction with the Australian Federal Police and Australian
Customs Service, and hosts outposted officers from these agencies. Efforts to
increase and improve cooperation with other environmental law enforcement
agencies are ongoing and have already yielded improvements in protection of the
environment.
At 30 June 2006, 44 investigations had been carried out since 2000 for
EPBC Act related matters and a further eight investigations relating to other
portfolio legislation. The EPBC Act investigations related to matters of national
environmental significance, incursions into protected areas, threatened species
and ecological communities, and wildlife matters. Of these cases, five have
been referred to the Director of Public Prosecutions and two to the Australian
Government Solicitor.
The department has coordinated and delivered accredited training in
investigations and statutory compliance to enhance the skills of all departmental
areas with responsibilities to administer and enforce the EPBC Act and other
legislation. The training was delivered in-house and formal qualifications issued by
the partner registered training organisation.
Prosecutions under the EPBC Act
Requirements for environmental approvals (Part 3)

In July 2005 the Federal Court upheld on appeal its earlier decision that a New
South Wales farmer had breached the EPBC Act by clearing and cropping within
the Gwydir Wetlands Ramsar site. Penalties totalling $450 000 have now been paid
for this breach.
A number of alleged breaches of the EPBC Act are under investigation.
Species and communities (Part 13)

The EPBC Act has investigation responsibilities outside Australia in relation to
Australian citizens interacting with whales and other cetaceans. The department
worked collaboratively with the Australian Federal Police and interviews were
conducted in a Pacific island nation by the Federal Police. The investigation has
been referred to the Commonwealth Director of Public Prosecutions.
International wildlife trade (Part 13A)

Part 13 A 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 under CITES as endangered or threatened.
53
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
Egg smuggling vest. Smugglers will with the Australian Customs Service. Customs
go to great lengths to covertly export
provides the operational and investigation role
or import live wildlife specimens.
Photo: Australian Customs Service
for offences detected at the border.
During 2005–06, 15 charges were laid under
the EPBC Act against 12 defendants. No charges
were laid under the EPBC Regulations. A total of
5 165 seizure notices were issued.
Activities in protected areas (Part 15)

During the year 28 wardens were appointed
under section 392 of the EPBC Act, including
13 from South Australian fisheries and
conservation agencies and five from the
department.
Parks Australia successfully prosecuted five
residents of the Cocos (Keeling) Islands for
Seized illegally imported dietary possession of 216 dead booby birds and 14
supplements. Hoodia is a succulent dead frigate birds, both listed migratory species.
plant endemic to the African
Kalahari desert. It is purported to
All of the defendants pleaded guilty in the
have natural appetite suppressing Cocos (Keeling) Islands Magistrate’s Court on
qualities and is widely promoted 7 December 2005 and were convicted under
as a weight loss product. In an
section 211C of the EPBC Act and released on
effort to ensure trade does not
threaten the survival of hoodia in two-year ($5 000) good behaviour bonds. Each
the wild, the plant is listed on the was ordered to pay legal costs of $2 173.92.
Convention on International Trade
in Endangered Species of Wild Parks Australia also prosecuted three men for
Fauna and Flora (CITES). A CITES offences involving the killing of 27 magpie geese
permit is required before bringing
products containing hoodia into in Kakadu National Park, possession of firearms
Australia. and use of prohibited roads or tracks. All were
Photo: Australian Customs Service
convicted and fined on 8 August 2005 for
possessing a firearm in a Commonwealth reserve
and/or unauthorised access. Charges under
sections 254A and 254C of the EPBC Act were
withdrawn due to a witness changing his story.

Another man was convicted in Darwin Court of Summary Jurisdiction on
17 October 2005 of driving a vehicle on a restricted access road in Kakadu
National Park, and fined $400. Parks Australia also attempted to prosecute a man
for possessing and using firearms in Kakadu National Park. He failed to appear
in Darwin Court of Summary Jurisdiction on 24 October 2005 in answer to a
summons and a warrant to apprehend the defendant was issued.
The department investigated alleged illegal fishing in Mermaid Reef Marine
National Nature Reserve. The case was referred to the department by Coastwatch
who filmed the illegal fishing as it was occurring. The department has instituted
proceedings through the Australian Government Solicitor.
Review of EPBC Act decisions
High Court/Federal Court

On 29 August 2005, the High Court dismissed an application by Dr Paul Mees
for special leave to appeal to the High Court against the judgment of the full
bench of the Federal Court in relation to an application under the Administrative
Decisions (Judicial Review) Act 1977 for review of the minister’s decision that the
northern section of the Scoresby Freeway proposal did not require environmental
assessment under the EPBC Act (Mees v Kemp [2005] FCAFC 5).
On 15 June 2006, the Federal Court dismissed an application by the Wildlife
Preservation Society of Queensland Proserpine/Whitsunday Branch for review
under the Administrative Decisions (Judicial Review) Act of the decisions under
the EPBC Act that the Isaac Plains Coal Project and the Sonoma Coal Project did
not require assessment and approval. The Federal Court found that, contrary to
the claims by the applicants, the decision-maker took into account the potential
adverse impacts the coal projects may have on matters of national environmental
significance protected by the EPBC Act.
Applications for judicial review under the Administrative Decisions (Judicial
Review) Act were made in relation to the Bald Hills Wind Farm proposal. In
particular, the Victorian Minister for Planning and Bald Hills Wind Farm Pty Ltd
sought review of the minister’s decision not to approve the wind farm proposal.3
3 On 4 August 2006 the minister and Bald Hills Wind Farm Pty Ltd agreed to settle the court case and for the minister to
remake the approvals decision.
55
Administrative Appeals Tribunal
The Administrative Appeals Tribunal delivered judgments in two cases involving
challenges to decisions made under the EPBC Act. On 3 April 2006, the tribunal
confirmed the minister’s declaration that the Southern Bluefin Tuna Fishery is an
approved wildlife trade operation in accordance with section 303FN of the
EPBC Act.
The RSPCA, the International Fund for Animal Welfare and the Humane Society
International applied to the tribunal for review of the decision to issue permits
under section 303CG of the EPBC Act to Taronga Zoo and Melbourne Zoo for the
import of Asian elephants from Thailand. On 6 February 2006 the tribunal decided
to allow the import of the elephants subject to a number of additional welfare
related conditions.
On 12 December 2005, the Wildlife Protection Association applied to the tribunal
for review of the minister’s decisions to declare two wallaby management plans
in Tasmania (for harvesting wallabies on King and Flinders islands) as approved
wildlife trade management plans. The tribunal refused the application to place a
stay order on the implementation of the management plans. The matter is yet to
be listed for hearing.

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 website, 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.
The department’s report under section 516A is included in the first volume of this
set of annual reports.
57
Appendix 1 — Statistics on the operation of the
EPBC Act during 2005–06
Table 1: Overview of referrals, assessments and approvals
2005–06(a) Total(b)
Referrals
Total referrals received 341 1932
Referrals being processed at 1 July 2005 32 N/A
Referrals withdrawn or lapsed before decision 7 37
Referral decisions made (after reconsideration) 329 1 858
Approval required—controlled action 71 424
Approval not required—action to be taken in a particular manner 67 281
Approval not required—no conditions on action 191 1 153
Referrals being processed at 30 June 2006 37 N/A
Controlled actions
Total controlled actions (after reconsideration) 71 424
Assessments completed 36 181
Under bilateral agreements 6 10
Preliminary documentation 18 122
Public environment report 3 6
Environmental impact statement 4 13
Public inquiry 0 0
Accredited assessment 5 30
Approval decisions
Total approval decisions 37 152
Approved with no conditions 0 10
Approved with conditions 35 138
Approval not granted 2 4
(a)
From 1 July 2005 to 30 June 2006.
(b)
Since the commencement of the EPBC Act in July 2000.

Table 2: Referrals, referral decisions and reconsideration of decisions
Referrals
Referrals being processed at 1 July 2005 32
Referrals received 2005–06 341
Deemed referrals 0
Referrals withdrawn or lapsed before decision 47
Referral decisions made (initial decisions, before reconsideration) 329
Approval required—controlled action 78
Approval not required—action to be taken in a particular manner 64
Approval not required—no conditions on action 187
Referrals being processed at 30 June 2006 37
Reconsideration of decisions
Reconsideration decisions being processed at 1 July 2005 0
Reconsideration requests received 2005–06 17
Reconsideration decisions made 17
No change in decision 2
Controlled action decision to not controlled action 5
Controlled action decision to action to be taken in a particular manner 4
Not controlled action decision to action to be taken in a particular manner 1
Particular manner decision to new manner 5
Controlled action to revised controlling provisions 0
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 2006 0
59
Table 3: Referrals and referral decisions made by jurisdiction(a)
Referrals Decisions made in 2005–06

received
2005–06 Approval Approval not required
required
CA (b) PM (c) NCA (d) Total
Qld 81 22 7 49 78
WA 58 25 10 27 62
Vic 57 5 9 37 51
NSW 55 9 13 30 52
ACT 16 1 4 10 15
SA 12 7 1 5 13
NT 12 4 1 5 10
Tas 12 3 2 9 14
Christmas Island 8 2 5 7
Antarctica 2 1 1
Cocos (Keeling) Islands 2 1 1
Norfolk Island 1 1 1
Commonwealth marine areas 25 1 14 9 24
Total 341 78 64 187 329
(a)
The counts of referrals received and of decisions made relate to events occurring in 2005-06 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.

Table 4: Referrals and referral decisions made by activity category(a)
Referrals Decisions made in 2005–06

received
2005–06 Approval Approval not required
required
CA (b) PM (c) NCA (d) Total
Agriculture and forestry 10 1 4 4 9
Air and space transport 2 1 1 2
Aquaculture 4 3 0 2 5
Communication 7 1 0 4 5
Defence 0 0 0 0 0
Energy generation and supply 47 8 4 32 44
Exploration (mineral, oil, gas) 30 2 21 9 32
Land transport 18 3 0 17 20
Manufacturing 7 4 0 1 5
Mining 38 15 5 15 35
Private 2 0 0 2 2
Sale or lease of Commonwealth 4 1 0 3 4

property
Science, research and investigations 9 0 3 4 7
Tourism, recreation and conservation 39 7 14 15 36

management
Urban and commercial new 59 21 5 36 62

development
Urban and commercial 24 1 3 16 20

redevelopment
Waste management 12 1 3 6 10
Water management and use 17 5 2 13 20
Water transport 12 4 0 7 11
Total 341 78 64 187 329
(a)
The counts of referrals received and of decisions made relate to events occurring in 2005-06 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.
61
Table 5: Numbers of matters protected by the EPBC Act for which adverse
impacts have been addressed(a)
Matter protected Nominal Controlled

controlled action
action (b)
Division 1 Matters of national environmental significance
Section 12 World heritage values of a world heritage 6 18

property
Section 15B National heritage values of a national heritage 2 1

place
Section 16 Ecological character of a declared Ramsar 3 7

wetland
Section 18 Listed threatened species or ecological 52 65

community
Section 20 Listed migratory species 26 38
Section 21 Nuclear activities with a significant impact on the 0 1

environment
Section 23 Commonwealth marine environment 26 7
Division 2 Proposals involving the Commonwealth
Section 26 Commonwealth land 4 5
Section 27B Activities involving Commonwealth heritage 0 0

places overseas
Section 28 Commonwealth or Commonwealth agency 6 3

activity
Total 125 145
(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.

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

assessment completed during assessment at
decided during 2005–06 30 June 2006
2005–06
Commonwealth assessments
Preliminary documentation 20 18 11
Public environment report 4 3 9
Environmental impact statement 2 4 6
Public inquiry 0 0 0
State/territory assessments
Bilateral agreement 26 6 36
Accredited assessment 5 5 29
Total 57 36 91
Table 7: Approvals
Approvals
Approved with no conditions 0
Approved with conditions 35
Approval not granted 2
Total decisions 37
Awaiting approval at 30 June 2006 6
Awaiting s130(1B) notice from state/territory (a) 14
(b)
Awaiting further information from proponent 5
(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)).
63
Table 8: Advice requested and provided under section 160
Authorisation provision Requests for Assessment Advice

advice completed provided
Airspace management 0 0 0
GBRMPA (a) permit/authority 0 0 0
Airport major development plan 13 6 6
Sea dumping permit 0 0 0
Total 13 6 6
(a)
Great Barrier Reef Marine Park Authority
Approvals granted in 2005–06

Australian Antarctic Division—Removal of old donga line buildings, Davis Station, Antarctica
BHP Billiton Petroleum Pty Ltd—Pyrenees Oil Fields development, North West Cape
BHP Mitsui Coal Pty Ltd—Open cut coal mining, Poitrel, via Moranbah, Qld
Calcifer Industrial Minerals Pty Ltd—Mourilyan silica sand project, Kurrimine Beach, Qld
Compass Resources NL—Copper, cobalt and nickel mine—Browns Oxide project, Rum Jungle, NT
Department of Defence—Headquarters Australian Theatre, Woodlands, near Bungendore, NSW
Department of Defence—Construction and operation of urban operations training facility, Mount
Bundey, NT
Department of Defence—Dismantle and remove masts and aerials at Belconnen Naval
Transmission Station, Belconnen, ACT
Department of Infrastructure, Planning and Natural Resources—Great Darling Anabranch—
pipeline construction and environmental water flow management, Wentworth Shire, NSW
Goulburn-Murray Water—Murray Valley Drain 11, Numurkah, Vic
Greater Geelong City Council—Mosquito control, Geelong, Vic
Hazelwood Power—West Mine development, Latrobe Valley, Vic
Hydro Tasmania—Musselroe wind farm, Cape Portland property, Tas
K and T Developments—Development of 90 residential lots with associated public roads and
underground services and the removal of 5.2 hectares of bushland, Kingston, Tas
Lyons (formerly Lee Point) Development Corporation—Residential subdivision of Lot 9793
(formerly Lots 9774 and 9779) Lee Point Road, Darwin, NT
Main Roads Western Australia—Three turning pockets west of Busselton townsite, Caves Road, WA
Mobil Exploration and Producing Australia Pty Ltd—Develop Jansz-Io deepwater gas field, Barrow
Island, WA
Mr Stephen Lane—Public ferry hovercraft operation, Cocos (Keeling) Islands
Multiplex Development No 8 Pty Ltd—Industrial development, Burns Road, Altona, Vic
North Coast Water—Clarence Valley and Coffs Harbour regional water supply project, Grafton, NSW
NSW Roads and Traffic Authority—Upgrade of existing road, Main Road 92, Nowra-Nerriga, NSW

Oasis Mission Beach Pty Ltd—Development of a resort complex, Mission Beach, Qld
Pacific Coal Pty Ltd—Open-cut coal mine, Clermont, Qld
Ports Corporation of Queensland—Port of Hay capital dredging apron area and departure path,
Dalrymple Bay, Qld
Pradella Developments—Development of buildings, roads and services for a 142 lot residential
development over 31.8 hectares (Stages 3–5), Cooloola Cove, Qld
Queensland Department of Main Roads and NSW Roads and Traffic Authority—Tugun Bypass,
Tugun to Tweed Heads, Qld
Sandhurst Mining Pty Ltd—Minerva coal mine out of pit spoil dumps, Springsure, Qld
Satterley Property Group—East Busselton residential estate, Yalyalup, WA
Simon Builders Pty Ltd—Fairway Waters retirement village, Racecourse Road, Pakenham, Vic
Starline Australia Holdings—Reef Cove Resort, False Cape, Cairns, Qld
Sydney Ports Corporation—Expansion of Port Botany facilities, Botany Bay, NSW
VicRoads—Replacement of existing Bayles bridges 1 and 2 on Koo Wee Rup–Longwarry Road
over Yallock Creek, Bayles, Vic
Wide Bay Water Corporation—Raising of Lenthalls Dam, Doongal Creek, Hervey Bay, Qld
Woodside Energy Limited—Development of Blacktip Gas Field,
Joseph Bonaparte Gulf
Woodside Energy Ltd—Greater Enfield (Vincent) development, WA
Approvals not granted in 2005–06

Mr Gabriel Bittar—Subdivision and development on Kangaroo Island, American River, SA
Wind Power Pty Ltd—Bald Hills Wind Farm 80 turbines, Bald Hills, Vic
Awaiting approval at 30 June 2006

FKP Commercial Developments Pty Ltd—Industrial Estate Cooper Road, Cambellfield, Vic
Fortescue Metals Group Limited—Cloud Break open pit iron ore mine, Pilbara, WA
Gunson Resources Limited—Coburn mineral sand project, Shark Bay, WA
Luddenham Management Pty Ltd—Twin Creeks Estate (stage 4), 26 rural residential allotments,
Luddenham, NSW
Queensland Parks and Wildlife—Gold Coast Hinterland great walk, Lamington National Park,
Springbrook National Park, Numinbah Forest Reserve, Qld
Watsons Pty Ltd—Wyndham Cove marina and residential development, Werribee South, Vic
Assessments completed in 2005–06

Assessed by preliminary documentation
Abah Group—Rezoning of former Lalor Golf Course and residential development on the 57
hectare site, Melbourne, Vic
Australian Antarctic Division—Removal of old donga line buildings, Davis Station, Antarctica
Department of Defence—Dismantle and remove masts and aerials at Belconnen Naval
Transmission Station, Belconnen, ACT
FKP Commercial Developments Pty Ltd—Industrial estate Cooper Road, Cambellfield, Vic
Greater Geelong City Council—Mosquito control, Geelong, Vic
65
Lyons (formerly Lee Point) Development Corporation—Residential subdivision of Lot 9793
(formerly Lots 9774 and 9779) Lee Point Road, Darwin, NT
Mobil Exploration and Producing Australia Pty Ltd—Develop Jansz-Io deepwater gas field, Barrow
Island, WA
Multiplex Development No 8 Pty Ltd—Industrial development, Burns Road, Altona, Vic
North Coast Water—Clarence Valley and Coffs Harbour regional water supply project, Grafton, NSW
Oasis Mission Beach Pty Ltd—Development of a resort complex, Mission Beach, Qld
Pradella Developments—Development of buildings, roads and services for a 142 lot residential
development over 31.8 hectares (Stages 3–5), Cooloola Cove, Qld
Queensland Department of Main Roads—Kuranda Range Road (Kennedy Highway) upgrade,
Kuranda, Qld
Queensland Parks and Wildlife—Gold Coast Hinterland great walk, Lamington National Park,
Springbrook National Park, Numinbah Forest Reserve, Qld
Sandhurst Mining Pty Ltd—Minerva coal mine—out of pit spoil dumps, Springsure, Qld
Satterley Property Group—East Busselton residential estate, Yalyalup, WA
Stockland Developments Pty Ltd—Residential development on a 929 hectare site located adjacent
to the Bohle River and Bruce Highway, Bohle, Thuringowa, Qld
VicRoads—Replacement of existing Bayles bridges 1 and 2 on Koo Wee Rup– Longwarry Road
over Yallock Creek, Bayles, Vic
Wide Bay Water Corporation—Raising of Lenthalls Dam, Doongal Creek, Hervey Bay, Qld
Assessed by environmental impact statement

BHP Billiton Petroleum Pty Ltd—Pyrenees Oil Fields development, North West Cape
Department of Defence—Headquarters Australian Theatre, Woodlands, near Bungendore, NSW
Queensland Department of Main Roads and NSW Roads and Traffic Authority—Tugun Bypass,
Tugun to Tweed Heads, Qld
Woodside Energy Ltd—Greater Enfield (Vincent) development, WA
Assessed by public environment report

Cooloola Shire Council—Construction of new landfill, Toolara, Qld
Department of Defence—Construction and operation of urban operations training facility,
Mount Bundey, NT
Mr Stephen Lane— Public ferry hovercraft operation, Cocos (Keeling) Islands
Assessed through an accredited process

Hazelwood Power—West Mine Development, Latrobe Valley, Vic
Newcastle Port Corporation—Hunter River south arm dredging, Newcastle, NSW
Newnes Kaolin Pty Limited—Newnes Kaolin friable sandstone mine project, Newnes Junction, NSW
Sydney Ports Corporation—Expansion of Port Botany facilities, Botany Bay, NSW
Watsons Pty Ltd—Wyndham Cove marina and residential development, Werribee South, Vic
Assessed under a bilateral agreement

BHP Mitsui Coal Pty Ltd—Open cut coal mining, Poitrel, via Moranbah, Qld
Compass Resources NL—Copper, cobalt and nickel mine—Browns Oxide project, Rum Jungle, NT
Fortescue Metals Group Limited—Cloud Break open pit iron ore mine, Pilbara, Chichester Range, WA

Gunson Resources Limited—Coburn mineral sand project, Shark Bay, WA
Hydro Tasmania—Heemskirk wind farm development, west coast Tasmania between Trial and
Granville Harbours, Tas
Ports Corporation of Queensland—Port of Hay capital dredging apron area and departure path,
Dalrymple Bay, Qld
Assessments in progress at 30 June 2006
Assessments by preliminary documentation
Callide Coalfields Pty Ltd—Coal mining lease 6993 (The Bluff), Biloela, Qld
Cedar Woods Properties Limited—Laverton activity centre and residential development, Laverton, Vic
Department of Defence—Operation of 17 Tiger helicopters at Robertson Barracks, Darwin, NT
Kinsmen Limited—Meningie canal-based housing development, Meningie, SA
Meridian Energy Ltd—Dollar wind farm development, South Gippsland, Vic
Mr Louis Campagnolo—Vegetation clearing, Kurrimine Beach, Qld
Queensland Department of Main Roads—Toowoomba bypass highway corridor, Toowoomba, Qld
ROCLA Ltd—Kurnell sand extraction and backfilling proposal, Kurnell Peninsula, NSW
Tidal Energy Australia—Derby Tidal Power Proposal, Derby, WA
Watermark Enterprises—Subdivision Lot 1 Dawesville Rd, Dawesville, WA
Westfield Management Limited—Development of Plenty Valley town centre, South Morang, Vic
Assessments by environmental impact statement

AGL Petronas Consortium—PNG–Qld gas pipeline—Gove Lateral, Cape York Peninsula,
Qld to Gove, NT
Chevron Texaco Australia—Gorgon gas development, Barrow Island, WA
Phosphate Resources Ltd—East Christmas Island phosphate mines (9 sites), Christmas Island
Shell Development (Australia) Pty Ltd—Floating liquefied natural gas facility, Timor Sea
TransGrid—Electricity transmission line, Buronga, NSW to Monash, SA
WMC (Olympic Dam Corporation) Pty Ltd—Expansion of the Olympic Dam copper, uranium,
gold and silver mine, processing plant and associated infrastructure, Olympic Dam, SA
Assessments by public environment report

Cairns City Council—Groundwater extracted from Mulgrave River aquifer, bore field and
associated infrastructure, Aloomba, Qld
Cultus Timor Sea Pty Ltd—Audacious Oil Field stand-alone development, Timor Sea
HEZ Pty Ltd—Development of the Hunter economic zone industrial estate, Hunter Valley, NSW
Mr K Williams and Cardwell Properties Pty Ltd—Port Hinchinbrook Resort (Stage II), Cardwell, Qld
PGP Developments Pty Ltd—Whitsunday Shores Estate residential subdivision,
golf course, facilities and infrastructure, Bowen, Qld
Phosphate Resources Ltd—Exploration for mineable phosphate, Christmas Island
UP NCI Property Management Pty Ltd—Tourist resort and subdivision development,
North Curtis Island, Qld
Waterman Agriculture Pty Ltd—Irrigated cotton development expansion, Pillicawarrina,
Macquarie Marshes, NSW
Woodside Energy Ltd—Pluto Gas Project, Burrup Peninsula–North West Shelf, WA
67
Assessments through an accredited process
Astron Limited—Donald mineral sands project,Vic
Austeel Pty Ltd—Steel mill, Newcastle, NSW
Australian Rail Track Corporation—South Sydney freight rail line, Sefton Park to Macarthur, NSW
Baillie Lodges—Southern Ocean Lodge, Hanson Bay, Kangaroo Island, SA

Barro Group—Extension of Mountain View basalt quarry by 490 hectares (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 between the junction of Mayor and Fawcett Roads
and Cockburn Road, City of Cockburn, WA
Compass Resources NL—Polymetallic project—lead, copper, nickel, cobalt and silver, Rum Jungle,
Browns Deposit, NT
Gunns Limited—Gunns bleached kraft pulp mill, Longreach, Bell Bay, Tas
Iluka Resources Limited—Mineral sands mining—Woornack, Rownack, Rainlover, Pirro and
Kulwin, near Ouyen, Vic
Lake Wellington Estates—Wellington Waters canal estate, Wellington Lakes, Vic
LG Chem Ltd—Construction of a Chlor-Alkali/Ethylene Di-Chloride (CA/EDC) plant, Gladstone
State Development Area, Landing Road, 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
NSW Roads and Traffic Authority—Pacific Highway, Bulahdelah upgrade, Bulahdelah, NSW
Orange City Council—Resource reprocessing facility, near Molong, NSW
Oxiana Limited—Prominent Hill copper-gold project, Prominent Hill, SA
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
RMI Pty Ltd—Irrigated intensive crop production, Macintyre River valley, NSW
Roads and Traffic Authority, NSW—Great Western Highway upgrade (Section 1A), Lawson, 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
Tarong Energy Corporation Limited—Glen Wilga open-cut coal mine, Surat Basin, Qld
Wind Power Pty Ltd—Wind turbines, Swan Bay, Vic
Astron Limited—Donald mineral sands project, Vic
Assessments under a bilateral agreement

AGL Petronas Consortium—Ballera lateral gas pipeline, Qld
Albany Port Authority—APA dredging project, Port Albany, WA

Barry Humfrey—Development of land based tourist facilities on Long Island, Houtman Abrolhos
Islands, WA
BHP Billiton Mitsubishi Alliance—Norwich Park coal mine—development of east pit,
Bowen Basin, Qld
BM Alliance Coal Operations Pty Ltd—Goonyella riverside coal mine expansion, Bowen Basin, Qld
Cape Bouvard Investments Pty Ltd—Rural subdivision of a 975.2 hectare property, Mandurah, WA
Central Queensland Ports Authority and Queensland Rail—Wiggins Island coal terminal,
Port of Gladstone, Qld
Chevron Texaco Australia Pty Ltd—Greater Gorgon development—optical fibre cable, mainland
to Barrow Island, Onslow to Barrow Island, WA
Darwin Clean Fuels Pty Ltd—Condensate processing facility, East Arm, Darwin Business Park, NT
Department of Tourism, Parks, Heritage and the Arts—Centralised sewage scheme, Cradle Valley, Tas
Enertrade—Install and operate gas pipeline, Moranbah–Gladstone, Qld
Gladstone Pacific Nickel—HPAL nickel plant, Gladstone, Qld
Grange Resources Limited—Southdown magnetite mine, Wellstead, WA
Humfrey Land Development—Tourism facility and associated infrastructure, Houtman Abrolhos
Islands, WA
Kemerton Silica Sand Pty Ltd—Silica sand mine expansion, Kemerton, WA
Marine Harvest—Barramundi nursery farm, Darwin Harbour, NT
Marine Harvest—Port Patterson barramundi sea cage farm, Port Patterson, NT
Marine Harvest—Snake Bay barramundi sea cage farm, Melville Island, NT
Matilda Minerals Ltd—Andranangoo Creek and Lethbridge Bay mineral sand mining, Tiwi Islands, NT
MIM Holdings Limited—McArthur River mine expansion, McArthur River, NT
Mount Gibson Mining Limited—Open cut mine and associated infrastructure, Mt Gibson, WA
NCA Joint Venture—Wollombi open cut coal mine (Suttor Creek ML4761 extension), near
Glenden, Qld
New Acland Coal Pty Ltd—New Acland mine expansion, Darling Downs, Qld
Northern Territory Department of Planning and Infrastructure—Victoria Highway upgrade,
Victoria River, NT
Olympia Resources Limited—Mineral sands mine, Keysbrook, WA
P3 Prestige Property Partnership—Ella Bay residential and tourism development, Ella Bay, Qld
Pacific Hydro Limited—White Rock Ridge wind farm, Robbins Island, Tas
Queensland Government Coordinator General—Gold Coast marine development, Gold Coast, Qld
Southern Regional Water Pipeline Company—Southern regional water pipeline, south east Qld
Straits Salt Pty Ltd—Yannarie solar salt project, Exmouth Gulf, WA
SunWater—Water for Bowen project, Claire Weir, Bowen, Qld
Territory Iron Ltd—Frances Creek iron ore mine, Frances Creek, NT
Water Corporation—Yarragadee water supply development, Blackwood Plateau, south west WA
Woodside Energy Limited and Alcan Gove Pty Limited—Trans-territory gas pipeline, Wadeye to
Gove (Galupa), NT
Woodside Energy Ltd—Site preparations, Burrup Peninsula, WA
Worsley Alumina Pty Ltd—Efficiency and growth increase of alumina production, Darling Plateau, WA
69
Table 9: Processing of nominations and changes to the lists of threatened
species, ecological communities and key threatening processes
Species Ecological Key

communities threatening
processes
New public nominations received under the Act 15 9 5
Nominations on which the Threatened Species 14 1 2

Scientific Committee has provided advice to the
minister
Threatened Species Scientific Committee advice to 1 4 0

the minister carried over from 2004–05
Ministerial decisions made on Threatened Species 13 6 2

Scientific Committee advice
Number uplisted, downlisted, new, delisted, rejected 0, 1, 4, 4, 4 0, 0, 5, 1, 0 0, 0, 1, 0, 1
Number of amendments to the list 9 6 1
Total number of listings as at 30 June 2006 1 684 36 17
Number of public nominations where an extension to 4 10 0

the 12-month timeframe was required
Number of ministerial decisions made on Threatened Yes No Yes No Yes No

Species Scientific Committee advice where the
minister’s 90-day deadline was met
12 1 6 0 1 1
Table 10: Cetacean permits—applications received, decisions made on

assessment approach and permits granted
Sub-section Applications Decisions Permits Conditions Suspended

received made on granted varied or or cancelled
assessment revoked
approach
238 (3)(a) 3 3 3 2 0
238 (3)(b) 1 1 1 0 0
238 (3)(c ) 1 0 0 0 0
238 (3)(d) 0 0 0 0 0
238 (3)(e) 2 2 2 0 0
Total 7 6 6 0 0

Table 11: Assessments of Commonwealth and state managed fisheries
completed
State/Commonwealth Fishery Ministerial/delegate

decision date
Commonwealth Eastern Tuna and Billfish Fishery 28 July 2005
Commonwealth Skipjack Tuna Fishery 30 November 2005
Commonwealth Torres Strait Trochus Fishery 28 November 2005
Commonwealth Torres Strait Prawn Trawl Fishery 26 November 2005
Commonwealth Torres Strait Finfish Fishery 29 November 2005
Commonwealth New and Exploratory Fisheries in the CCAMLR (a) 28 November 2005
Region
Commonwealth Macquarie Island Toothfish Fishery 28 November 2005
Tas Marine Aquarium Fishery 5 August 2005
Tas Commercial Dive Fisheries 26 November 2005
Tas Scallop Fishery 27 November 2005
WA Aquarium Fishery 11 October 2005
WA Cocos (Keeling) Islands Marine Aquarium Fishery 7 November 2005
WA West Coast Purse Seine Fishery 28 November 2005
WA South Coast Purse Seine Fishery 28 November 2005
WA Northern Developmental Blue Swimmer Crab Fishery 1 February 2006
WA South Coast Trawl Fishery 24 February 2006
Qld Coral Reef Finfish Fishery 16 November 2005
Qld Deepwater Finfish Fishery 28 October 2005
Qld Marine Aquarium Fishery 27 November 2005
Qld River and Inshore Beam Trawl Fishery 17 February 2006
SA Urchin Fishery 28 October 2005
SA Marine Scalefish Fishery 29 November 2005
SA Lakes and Coorong Fishery 28 November 2005
Vic Urchin Fishery 7 November 2005
Vic Scallop Fishery 2 February 2006
Fisheries for which short-term decisions were made during 2005–06
Commonwealth Informally Managed Fishing Permit 29 November 2005
NSW Ocean Trawl Fishery 28 November 2005
NSW Ocean Trap and Line Fishery 29 November 2005
NSW Rock Lobster Fishery 29 November 2005
NSW Abalone Fishery 28 November 2005
Qld East Coast Inshore Finfish Fishery 28 November 2005
WA West Coast and Southern Joint Authority Temperate 28 February 2006
Shark Fisheries
WA North Coast and Joint Authority Tropical Shark Fisheries 28 February 2006
(a)
CCAMLR = Commission for the Conservation of Antarctic Marine Living Resources
71
Appendix 2 — EPBC Act related publications
in 2005–06
A New Approach to Listing Ecological Communities – Fact sheet
Australian National Guidelines for Whale and Dolphin Watching 2005

Background Paper to the Wildlife Conservation Plan for Migratory Shorebirds
Blue Gum High Forest of the Sydney Basin Bioregion – Fact sheet
Communities for Communities newsletter – Issue 1 (web)
Conservation advice for EPBC-listed threatened species – bookmark
Coolabah/ Black Box Woodlands of Northern NSW Wheatbelt and Queensland
Brigalow Belt – technical workshop report (web)
Draft Management Plan for Kakadu National Park
Ecological Communities: A Way Forward (web)
EPBC Act Policy Statement 3.6 – Tasmanian Devil
Heard Island and McDonald Islands Marine Reserve Management Plan
Littoral Rainforest and Vine Thickets of Eastern Australia – Technical workshop
report (web)
Making Economic Valuation Work for Biodiversity Conservation
Murray Valley Grassland of the Riverina Bioregion – technical workshop report
(web)
New England Peppermint (Eucalyptus nova-anglica) Woodland on Sediment and
Basalt on the Northern Tablelands – Technical workshop report (web)
Ribbon Gum–Mountain Gum - Snow Gum Forest – technical workshop report
(web)
Save our Whales poster
Shorebird Migration poster
Significant Impact Guidelines 1.1 – Matters of National Environmental
Significance
Significant Impact Guidelines 1.2 – Actions on, or Impacting upon,
Commonwealth Land, and Actions by Commonwealth Agencies
Turpentine-Ironbark Forest in the Sydney Basin Bioregion – Fact sheet
Threatened species, ecological communities and the EPBC Act: useful websites
– bookmark

Upland Wetlands of the New England Tablelands and the Monaro Plateau – Fact
sheet
Weeping Myall Open Woodlands – Technical workshop report (web)
Western (Basalt) Plains Natural Temperate Grasslands – Technical workshop
report (web)
Where the Rubber Hits the Road: Key Elements of Biodiversity Incentive Design
and Implementation – Illustrative Case Studies for Biodiversity Conservation
White Box, Yellow Box, Blakely’s Red Gum Grassy Woodland and Derived
Grassland – Fact sheet
Wildlife Conservation Plan for Migratory Shorebirds
73
Appendix 3 — Functions and membership of
advisory committees under the EPBC Act and
Australian Heritage Council Act 2003
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 2006
Associate Professor Robert Beeton (Chair) Professor Bob Kearney
Associate Professor Peter Harrison Dr Libby Matttiske
Mr Guy Fitzhardinge Dr Andrea Taylor
Professor 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/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 this Act
or the Regulations.

Table 13: Membership of the Biological Diversity Advisory Committee as at
30 June 2006
Name Section of EPBC Act/group represented
Mr Kim Evans 504 (4a) The body known as the Australian and New Zealand
Environment and Conservation Council (now Natural Resource
Management Ministerial Council)
Mr Alistair Graham 504 (4b) Conservation organisations that are not authorities of
the Commonwealth or of any state or territory
Mr Tim Low 504 (4c) Scientific community ‘terrestrial’
Dr Patricia Mather AO 504 (4c) Scientific community ‘marine’
Mr Bill Sloane 504 (4d) Rural community
Dr Cecil Camilleri 504 (4e) Business community
Associate Professor Stephan Schnierer 504 (4ea) Indigenous peoples
Dr Charlie Zammit 504 (4f) Commonwealth
Dr Andrew Ash 504 (5b) Scientific community
Professor Ralf Buckley Tourism sector (additional position)
Councillor Bill Mitchell Local government (additional position)
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.
Table 14: Membership of the Indigenous Advisory Committee as at

30 June 2006
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
75
Table 14: Membership of the Indigenous Advisory Committee as at 30 June 2006 continued ...
Name State or territory
Mr Damein Bell Victoria

Ms Francine McCarthy Northern Territory
Mr Joe Morrison Northern Territory

Mr Dave Johnston Australian Capital Territory
Mr Robert Carroll New South Wales
Vacant New South Wales
Australian Heritage Council

Under the Australian Heritage Council Act 2003, the functions of the Australian
Heritage Council are to:
• make assessments of places under the national heritage criteria or the
Commonwealth heritage criteria
• advise the minister on conserving and protecting places included, or being
considered for inclusion, in the National Heritage List or Commonwealth
Heritage List
• nominate places for inclusion in the heritage lists
• advise the minister on any heritage related matters, including promotion,
research, training, national policies, grants, the condition of places in the
heritage lists and historic shipwrecks
• promote the identification, assessment, conservation and monitoring of
heritage
• keep the Register of the National Estate
• organise and engage in research
• provide advice generally
• prepare reports on any matters related to the functions of the council and
provide them to the minister.
Table 15: Membership of the Australian Heritage Council as at 30 June 2006
Mr Tom Harley (Chair) Mr Roger Beale AO

Dr Jane Lennon AM Dr Richard Walley OAM
Dr Denis Saunders AM Mr Michael Kennedy
Dr Gaye Sculthorpe Mr Jonathan Mills
Associate council member
Term expired 5 May 2006

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 2005–06 are listed in Tables 16 and 17 below.
Table 16: Referrals, assessments and approvals in 2005–06
Section Total Late Reasons

75(1) Decision on referral 329 64 Delays in obtaining sufficient information to make
a decision; the need to address questions of legal
interpretation in processing referrals; the need for
additional internal consultations on referral decisions;
availability of decision-maker for some decisions
77(1)(b) Publishing notice 329 22 Delay in automated notification
of decision on referral
77(4) Providing reasons 12 1 Availability of decision-maker; need to obtain legal advice/
for decision review
88(1) Decision on 31 6 Delays in obtaining sufficient information to make decision;
assessment approach need for additional internal consultations on level of
assessment decisions; need to consult with the state
91(1) Publishing notice of 31 4 Delay in notification that the level of assessment had been
decision on assessment made; proponents notified in writing by decision date but
approach delay in automated notification
95(1) Preparation of 18 13 Need to adequately consider complex technical issues
assessment report raised in both the information provided by proponent and
for preliminary in the assessment process; further research required on
documentation issues raised; further detailed information sought from
proponent; need for consultations with third parties
100(1) Preparation of 3 3 Availability of decision-makers; need to adequately
assessment report for consider complex technical issues
public environment
report
102(1) Preparation of 4 1 Joint assessment with state; need to ensure both
assessment guidelines jurisdictions satisfied with guidelines before finalising
for environmental impact
statement
105(1) Preparation of 4 2 Complexity of issues; need to seek additional information
assessment report for from proponent
environmental impact
statement
130(1) Approval decision 37 11 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 and additional independent work
commissioned to inform decision
77
Table 17: Other provisions during 2005–06
Part 13 Species and communities

189(5) Decision on listing 13 2 Complexity of the nominations and the need for
extensive consultation
273(1) Making recovery 85 (a) 19 (b) All overdue plans are in advanced stages of
plans for listed threatened plans development. Delays have occurred due to
species and ecological covering reassessment of the conservation status and
communities in 174 distribution of some species, and the need
Commonwealth areas species to ensure adequate time for stakeholder
consultation and incorporation of comments
from public exhibition processes
279(2) Reviewing recovery 71 13 Reviews are underway for 58 recovery plans
plans that are due for review. Up to June 2006, an
additional 13 plans have become due for review.
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 871 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 1509 1 Late decision resulted from the complexity of
permit for regulated native issues
specimens
303EG Decision on 15 3 One late due to decision-maker not being

proposed amendment available; two late due to administrative delays
to the list of specimens but signed within one day of required signature
suitable for live import date
Part 15 Protected areas—managing national heritage places
324F(6) Publishing on 5 2 Administrative delays in processing minister’s
the internet advice that decisions
emergency listing will not
occur (including reasons)
324G(2) Providing 1 1 Delay in providing Australian Heritage Council
assessment on nomination assessment report to minister due to need to
or emergency listing recheck data
(Australian Heritage Council
requirement)
324H(2) Publishing 2 1 Administrative delays in processing minister’s
notice seeking additional decision
comments after
assessment
324H (5) Publishing relevant 2 1 Administrative delays in processing minister’s
documents for comment decision

Table 17: Other provisions during 2005–06 continued ...
324J(2) Decision on 44 33 Various reasons, principally timing of

national heritage listing announcements to maximise publicity for
after receipt of assessment heritage listing, but also pressure of ministerial
report business, overseas ministerial travel, legal issues
and consideration of management implications
of listing
324J (5A) Decision on 1 1 Consultation with state government over
retaining, altering the conservation of heritage values
boundary of, or removing
an emergency listed place
Part 15 Protected areas—managing Commonwealth heritage places
341E(3) Requesting the 2 1 Administrative error
Chair of the Australian
Heritage Council to assess
a nomination for the
Commonwealth Heritage
List
341E(3A) Publishing on the 2 1 Administrative error
internet a brief description
of the nomination
341H(2) Publishing 1 1 Need for minister to consult further with
notice of seeking stakeholders
additional comments after
assessment
341H(5) Publishing relevant 1 1 Need for minister to consult further with
documents for comment stakeholders
341J(2) Decision on 13 10 Various reasons, including pressure of ministerial
Commonwealth heritage business, overseas ministerial travel and legal
listing after receipt of issues
assessment report
341J(4) Providing to 8 1 Delay in finalising reasons for rejection
relevant persons and
publishing on the internet
advice that nomination
rejected (including reasons)
341ZD (3) Providing written 3 1 Australian Heritage Council required more
advice to a Commonwealth information before providing its advice
agency seeking advice on
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 2006, based on the two, three or five year timeframe applicable in each case.
79
FUEL QUALITY
Operation of the Fuel Quality Standards
Act 2000
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 2005 to
30 June 2006.
Purpose of the Act

Fuel quality
The purpose of the Act is to regulate the quality of fuel in Australia in order to:
• reduce the level of pollutants and emissions arising from the use of fuel that
may cause environmental and health problems
• facilitate the adoption of better engine technology and emission control
technology and allow for more effective operation of engin es
• ensure that 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.
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 standards for a range of parameters.
The limits for a number of key parameters regulated under the petrol and diesel
standards were either introduced or tightened from 1 January 2006 including:
• sulfur levels in diesel limited to 50 milligrams per kilogram
• maximum diesel density level limited to 850 kilograms per cubic metre
• maximum temperature for T95 distillation of diesel limited to 360 degrees
Celsius
• polycyclic aromatic hydrocarbon levels in diesel limited to 11 per cent mass by
mass
• benzene levels in all grades of petrol limited to 1 per cent maximum by volume.

Biodiesel
The limit for sulfur levels in biodiesel under the Fuel Standard (Biodiesel)
Determination 2003 was reduced to 10 milligrams per kilogram to take effect on
1 February 2006. Because biodiesel is relatively low in sulfur, the industry had few
concerns about early introduction of the lower standard.
Ethanol labelling
The Fuel Quality Information Standard (Ethanol) Determination 2003 was
Fuel quality
amended to replace the existing E10 fuel label (petrol with 10 per cent ethanol)
with more simplified labelling requirements. These new requirements came into
effect in January 2006.
Future fuel standards—research and

consultation
Phase 2 operability standards for petrol and diesel

Operability standards are standards enabling more effective operation of engines.
The Department of Industry, Tourism and Resources is managing the development
of phase 2 operability standards.
In June 2006 consultations began with industry on draft guidelines for managing
the following operability parameters:
• petrol: colour, appearance, driveability index and flexible volatility index
• diesel: appearance, acidity, cloud point and cold filter plugging point.
The draft guidelines were prepared by the Australian Institute of Petroleum in
consultation with the Federal Chamber of Automotive Industries. As part of
this process, the Department of Industry, Tourism and Resources completed a
regulatory impact statement for the phase 2 operability standards for diesel and
petrol in 2005, and commissioned Hawkless Consulting Pty Ltd to conduct a
study on how to manage diesel acidity, following recommendations made in the
regulatory impact statement. The draft guidelines are currently being reviewed.
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
83
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 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.
Submissions failed to adequately address the costs and benefits of the different
options presented. In response, the department commissioned Economic
Associates to undertake a cost-benefit analysis of the related options. The Fuel
Standards Consultative Committee will consider their analysis and provide advice
to the minister in September 2006.
Fuel quality
Diesohol
On 27 May 2004 the Department of the Environment and Heritage released
a discussion paper for public comment on setting a fuel quality standard for
diesohol. Diesohol is defined in the Fuel Quality Standards Regulations 2001 as a
blend primarily comprising diesel and an alcohol. Also known as E-diesel, M-diesel
and Oxy-diesel, the fuel is used in compression ignition engines as an alternative
to diesel fuel. Diesohol is not subject to any formal or accepted industry quality
standards, either in Australia or internationally. Work on management options for
diesohol will continue in 2006–07.
Ethanol
The department released a paper for public comment in July 2005 stating the
Australian Government’s position on an ethanol standard. The government is
in favour of setting a standard for ethanol to ensure that the environmental and
vehicle operability objectives of the Act are met, and to assist in building consumer
confidence in the fuel by ensuring a high quality is available.
Before setting a standard, the department is awaiting developments in the United
States, where their standard setting body, the American Society for Testing and
Materials, is developing a test method for measuring sulfates in ethanol and is
considering setting a limit on sulfates in ethanol–petrol blends. The department
expects to finalise the ethanol standard in 2006–07.
Testing the operation of Australian vehicles on ethanol blend

fuels
The Biofuels Taskforce report was released on 22 September 2005. As part of the
Australian Government’s response to the report, the department has engaged
Orbital Australia to test vehicles in the Australian market to assess how they
operate using E5 (fuel with 5 per cent ethanol and 95 per cent petrol) and E10
(fuel with 10 per cent ethanol and 90 per cent petrol) ethanol blends. A selection

of vehicles will be tested on E5 and E10 fuel blends. The study will focus on vehicle
operability and performance, materials compatibility of engine components and
engine durability issues. This study will assess the suitability of E5 and E10 blends
for the existing Australian vehicle fleet and produce reliable information on the
suitability of these blends for wider use. Results will also inform decision-making
on whether E5 fuel blends may be sold unlabelled.
Setting standards for biodiesel blends

Standards already exist under the Act for 100 per cent biodiesel (B100) and for
Fuel quality
petroleum diesel, but not for blends of the two. Blends have proliferated on the
Australian market and presently include such variations as B5, B20 and B49. The
department has let a tender to assess technical parameters and issues associated
with setting a fuel quality standard for B20 (blends containing 20 per cent biodiesel
and 80 per cent diesel), and to identify appropriate labelling arrangements for B20
and B100. The department will use this information to prepare a discussion paper
for public comment. The setting of standards for biodiesel blends also forms part
of the government’s response to the Biofuels Taskforce report.
Statutory review of the Fuel Quality Standards

Act 2000—implementing recommendations
The statutory review of the Act was completed in April 2005. This year
the department began drafting a proposal to implement the review’s
recommendations. The proposal will inform the legislative amendments to the Act,
and will address a number of other issues that have arisen independently of the
review through the day-to-day administration of the Act.
The public consultation process is expected to commence early in 2007 with the
necessary amendments to the Act finalised in late 2007. A number of the issues to
be addressed, however, raise complex legal questions which need to be resolved
before a course of action can be determined.
Fuel Standards Consultative Committee

Section 24 of the Act establishes a Fuel Standards Consultative Committee as
a formal consultation mechanism. The committee is required to include one
representative from each state and territory, and the Australian Government.
It must also include at least one person representing fuel producers, one
representing a non-government body with an interest in the protection of the
85
environment and one representing the interests of consumers. The minister
may also appoint other members to the committee, which to date includes
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 2005−06.
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 a fuel additive on, 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 14 new approvals (see Table 2).
Monitoring and compliance

A monitoring programme continued during 2005–06 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 monitoring
programme aims to take representative samples in each of the fuel markets around
Australia as well as responding to complaints made by consumers about fuel.
Fuel sampling is undertaken at distribution terminals, depots, service stations
and other outlets. Samples are tested for compliance with the standards at
an independant laboratory accredited by the National Association of Testing
Authorities, Australia. Testing methods are accredited to international standards.
This year the department established its own fuel sampling capability resulting
in a record number of samples being taken. Inspectors took 1 054 petrol and
diesel samples from approximately 530 sites nationwide. A total of 160 compliance
incident reports were received. In comparison, 869 samples were taken during
2004–05 from 427 sites, and 120 compliance incident reports were received.
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. Two cases are
before the Director of Public Prosecutions.

Fuel quality
The Australian Government runs a fuel sampling programme to monitor the quality of fuels sold in
Australia. Fuels are sampled throughout the fuel supply chain, including at service station forecourts.
Photo: Alastair Betts
Procedures for sampling liquefied petroleum gas (LPG) in accordance with the
requirements of the Act were implemented.
As part of the government’s response to the Biofuels Taskforce report, additional
funding has been made available over four years from 2006–07 to increase
fuel quality compliance inspections to ensure ethanol blends meet fuel quality
standards. Increased inspections will help detect any fuel adulteration, increasing
consumer confidence and furthering the current cooperative arrangements
between the oil, automotive and ethanol industries. Extra inspections will also help
prevent poor quality fuel getting into the marketplace and having negative impacts
on vehicle operability and on the environment through increased pollutant
emissions. Planning and capacity building is under way to allow for a significant
increase in monitoring and compliance activities from 2006–07.
87
The Administrative Appeals Tribunal did not receive any applications under
section 70 of the Act for the review of a decision.
Communication with stakeholders

The department produced three issues of the Clean Fuels Bulletin, an
electronically distributed newsletter. Officers of the department presented papers
Fuel quality
at two seminars in Australia and attended two international fuels conferences, one
in Belgium and one in China. A major market research project was undertaken to
increase understanding of the level of knowledge within the industry of the Act
and its requirements.
Table 1: Members of the Fuel Standards Consultative Committee in 2005–06
Member Representing Term(a)
Ms Lynden Ayliffe, Chair Department of the Environment and Heritage From 27 August 2005
Mr John Bortolussi Truck manufacturing industry From 3 February 2004

Dr David Bowman Environmental non-government body From 22 May 2004
Mr James Hurnall Consumers From 3 February 2004
Mr Mike McCullagh Independent fuel producers and importers From 3 February 2004
Mr Scott McDowall Queensland Environmental Protection Agency From 22 May 2004
Mr Paul Barrett Australian Institute of Petroleum From 27 August 2005
Mr Steven Payne Department of Industry, Tourism and Resources From 22 May 2004
Mr David Quinlan Australian Capital Territory Department of Urban From 22 May 2004
Services
Mr Nigel Routh New South Wales Department of Environment and From 22 May 2004
Conservation
Dr Stephen Schuck Alternative and renewable fuels industry From 3 February 2004
Mr Keith Seyer Vehicle manufacturing industry From 22 May 2004
Mr Kelvyn Steer Tasmanian Department of Arts, Tourism and From 22 May 2004
Environment
Mr Fred Tromp Western Australian Department of Environment From 22 May 2004
South Australian Environment Protection Authority Vacant
Mr Geoff Latimer Environment Protection Authority Victoria From 13 October
2004
Mr Steve Sanderson Northern Territory Department of Infrastructure, From 20 April 2005
Planning and Environment
(a)
Members are appointed for three years. Unless otherwise stated, members served on the committee for the whole of
2005–06.

Table 2: New approvals granted in 2005−06
Name of approval Period of operation Variation approved

holder
Mobil Oil Australia 6 June 2006 – Variation of the Fuel Standard (Automotive Diesel)
Shell Company of 31 December 2006 Determination 2001 with respect to viscosity, density
Australia and lubricity to allow the supply of ‘wintermix’ diesel.
BP Australia Conditions attached
Caltex Australia
Department of 6 June 2006 – Variation of the Fuel Standard (Automotive Diesel)

Transport and 31 December 2006 Determination 2001 with respect to density, distillation
Fuel quality
Regional Services and PAH(a)
Shell Company of 30 March 2006 – Variation of the Fuel Standard (Automotive Diesel)
Australia 31 December 2006 Determination 2001 with respect to sulfur
Gene Cook Race 30 March 2006 – Variation of the Fuel Standard (Petrol) Determination
Engines 31 December 2006 2001 to permit the supply of petrol with a lead content of
greater than 0.005g/L. Conditions attached
Advanced Vehicle 30 March 2006 – Variation of the Fuel Standard (Petrol) Determination
Operations 31 December 2006 2001 to permit the supply of petrol with a lead content of
Australia greater than 0.005g/L. Conditions attached
Allica’s Motorcycles 30 March 2006 – Variation of the Fuel Standard (Petrol) Determination
31 December 2006 2001 to permit the supply of petrol with a lead content of
greater than 0.005g/L. Conditions attached
Caltex Australia 1 January 2006 – Variation of the Fuel Standard (Petrol) Determination
Petroleum Pty Ltd 31 March 2006 2001 with respect to benzene content
Caltex Australia 1 January 2006 – Variation of the Fuel Standard (Automotive Diesel)
Petroleum Pty Ltd 31 March 2006 Determination 2001 with respect to sulfur content
IOR Energy Pty Ltd 17 October 2005 – Variation of the Fuel Standard (Automotive Diesel)
31 December 2011 Determination 2001
Shell Global 17 October 2005 – Variation of the Fuel Standard (Petrol) Determination
Solutions Ltd 1 December 2005 2001 with respect to MTBE(b) content
ET Racing Fuels 17 October 2005 – Variation of the Fuel Standard (Petrol) Determination
and Lubricants 31 December 2006 2001 with respect to aromatic content
Pty Ltd
Department of 17 October 2005 – Variation of the Fuel Standard (Automotive Diesel)

Transport and 31 December 2006 Determination 2001 with respect to sulfur content
Regional Services
Gaseng Petroleum 17 October 2005 – Variation of the Fuel Standard (Petrol) Determination
Ltd 31 August 2006 2001 with respect to MTBE, induction period, benzene,
boiling point, sulfur and lead content
Martini Racing 18 July 2005 – Variation of the Fuel Standard (Petrol) Determination
Products Pty Ltd 31 December 2006 2001 to permit the supply of Martini Motorsport 110
specialist racing fuel
Variation of the aromatics and oxygen parameters
(a)
PAH = polycyclic aromatic hydrocarbons
(b)
MTBE = methyl tertiary-butyl ether
89
HAZARDOUS WASTE
Operation of the Hazardous Waste
(Regulation of Exports and Imports)
Act 1989
This annual report is prepared in accordance with section 61 of the Hazardous
Waste (Regulation of Exports and Imports) Act 1989. It covers the operation of the
Act from 1 July 2005 until 30 June 2006.
Purpose of the Act

Hazardous waste
The purpose of the Act is to regulate the export, import, transit and disposal of
hazardous waste to ensure that human beings and the environment, both within
and outside Australia, are protected from the harmful effects of hazardous waste.
The Act and its 1996 amendments enable Australia to meet all its obligations
under the Basel Convention on the Control of the Transboundary Movements
of Hazardous Wastes and their Disposal (the Basel Convention). The Basel
Convention regulates the international movements of hazardous wastes.
Functions of the department

The main functions performed by the Department of the Environment and
Heritage in relation to hazardous waste include:
• processing export, import and transit permit applications under the Act
• ensuring compliance with and enforcement of the Act
• preparing, implementing and amending legislation relating to the international
movements of hazardous waste to and from or through Australia
• formulating and implementing policies relating to the international movements
of hazardous waste to and from or through Australia
• providing administrative assistance to the Hazardous Waste Technical Group,
which provides advice to the department on hazardous waste management
• participating in international forums, such as the Basel Convention and the
Organisation for Economic Cooperation and Development (OECD), which deal
with the international movements of hazardous waste
• providing information to stakeholders on the Act and the permit process.

Basel Convention
The Basel Convention was developed by the United Nations Environment
Programme and adopted on 22 March 1989. Australia ratified the convention on
5 February 1992 and it entered into force on 5 May 1992. The convention 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
Hazardous waste
environmentally sound manner.
The eighth meeting of the conference of the parties to the convention is
scheduled for 27 November to 1 December 2006.
Regulations
Regulations made under the Act provide for:
• setting fees for permit applications
• the operation of arrangements under Article 11 of the Basel Convention, which
allows transboundary movements of waste between parties and non-parties or
under modified control procedures
• general administrative arrangements required by the Act.
Permits
In 2005–06 the department assessed 36 applications for permits to import and
export hazardous wastes. Twenty-one permits were granted (10 for exports, 10 for
imports and one for transit) and one application was refused. A variation to one
permit was granted while 12 applications were not resolved at 30 June 2006 and
one application was withdrawn. All permit applications were processed within the
statutory timeframes. Details of permit applications received in 2005–06, including
those not resolved by the end of the year, are presented in the tables below.
93
Fee income
This year $50 430 was received in income from fees. Fees are set to recover the
costs of administration, in line with Australian Government policy.
Contraventions, enforcement and suspension

of permits
Enforcement action this year included seizing 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
Hazardous waste
zinc sulfate.
Publications
Under section 33 of the Act, particulars of all applications, permits and variations
were published in the Commonwealth of Australia Government Notices Gazette.
Table 1: Export permits granted in 2005–06
Applicant Quantity Granted Type of waste, disposal operation and destination

(tonnes)
Fuji Xerox 1 500 05.09.05 Waste electrical and electronic scrap from New South
Australia Pty Ltd Wales for accumulation of material intended for another
disposal operation, followed by recycling/reclamation
of metal compounds or recycling/reclamation of other
inorganic compounds then use as a fuel (other than in
direct incineration) or other means to generate energy at
Fuji Xerox Eco-manufacturing Co. Ltd, 175 Sathom City
Tower 16/1 Floor, South Sathom Road, Tungmahamek,
Sathom, Bangkok 10120, Thailand. Via Singapore
Sims Group Ltd 6 000 15.09.05 Waste cullet from cathode ray tubes from New 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
BP Refinery 110 7.11.05 Spent cobalt/molybdenum and nickel/molybdenum

(Bulwer Is) Pty Ltd catalyst from Queensland for disposal in Germany
Nuplex Special 160 17.01.06 Polyester resin waste from Victoria for solvent reclamation
Waste Pty Ltd at Nuplex Environmental, 16-30 Neales Road, East
Tamaki, Auckland, New Zealand

Table 1: Export permits granted in 2005–06 continued ...
Applicant Quantity Granted Type of waste, disposal operation and destination

(tonnes)
Mobil Refineries 300 10.02.06 Spent metal-containing catalyst and absorbent from
Australia Pty Ltd South Australia for recovery of components from catalysts
at Eurecat France S.A.S., Quai Jean Jaures, BP 45, 07800
La Voulte Sur Rhone, France. Via Singapore, Port Klang,
the Suez Canal, Damietta, La Spezia, and Barcelona
BP Refinery 600 23.03.06 Spent cobalt/molybdenum and nickel/molybdenum

(Kwinana) Pty Ltd catalyst from Western Australia for recycling/reclamation
of metals and metal compounds at Metrex BV,
Sourethweg 13, 6422 PC Heerlen, Netherlands. Via
Malaysia, Singapore, Suez, Rotterdam, and discharge at
Antwerp. Then transport to Netherlands
Hazardous waste
Umicore Australia 2 000 03.04.06 Waste zinc ashes and residues from Victoria for disposal
Ltd at Umicore Oxyde Belgium n.v, Industriezone West
Zolder-Lummen Zuid, B 3550 Heusden Zolder, Belgium
Brambles 29.05.06 Used nickel cadmium and nickel metal hydride batteries
Industries Ltd, from New South Wales for recycling/reclamation of metals
trading as and metal compounds at SNAM, Avenue Jean Jaures,
Cleanaway 12110 Viviez, France. Via Port Klang, Suez and Le Havre
Basell Australia 50 27.06.06 Non-halogenated solvents from Victoria for disposal

Pty Ltd by repackaging and storage at Akzo Nobel Chemicals
bv, MAE plant – Botiek site, Welplaatweg 12, NL 3197
KS Rotterdam, the Netherlands prior to submission
to another operation. Under a permit issued by
the Netherlands authorities, the waste will then be
transported to Germany, for disposal by incineration on
land and specially engineered landfill. Via Singapore,
Malaysia, Jeddah, Suez, Damietta, La Spezia, Tilbury,
Felixstowe, Hamburg and Rotterdam
Fuji Xerox 2 500 28.06.06 Waste electrical and electronic scrap from New South
Australia Pty Ltd Wales for accumulation of material intended for another
disposal operation, followed by recycling/reclamation
of metal compounds or recycling/reclamation of other
inorganic compounds then use as a fuel (other than in
direct incineration) or other means to generate energy at
Fuji Xerox Eco-manufacturing Co. Ltd, 175 Sathom City
Tower 16/1 Floor, South Sathom Road, Tungmahamek,
Sathom, Bankok 10120, Thailand. Via Singapore
95
Table 2: Import permits granted in 2005–06
Applicant Quantity Granted Type of waste, disposal operation and

(tonnes) destination
Sims Group Ltd 100 18.10.05 Waste electrical and electronic assemblies
consisting of computer, office, networking
and telephone equipment, components and
motherboards from Hong Kong to be manually
dismantled and separated into the primary
components of glass, plastics, metal and circuit
boards at Sims E-Recycling, 275-281 Boundary
Road, Braeside Victoria 3195
Hazardous waste
motherboards from Malaysia to be manually

motherboards from Singapore to be manually
Universal Metals Pty Ltd 75 24.11.05 Waste fluorescent tubes and lamps containing
mercury from New Zealand for recycling and
reclamation of metals and metal compounds and
other inorganic materials at ARA Pty Ltd, 29 Reo
Crescent, Campbellfield, Victoria 3061
Zinifex Metals Pty Ltd 800 21.12.05 Lead dross originating at Zinifex’s zinc smelter
in the United States and destined for recovery at
Zinifex’s lead smelter in Port Pirie, South Australia.
Zinifex Port Pirie Pty Ltd, Ellen St, Port Pirie, South
Australia 5540
Oceania Maritime 54.2 22.12.05 Household wastes from the French Dumont
Services Pty Ltd and D’Urville Station in Antarctica to Tasmania for
9 600 deep burial at McRobies Gully landfill, Hobart, for
litres recycling of glass, cans and waste oils, and for
incineration of high risk items at the Hobart Marine
Board incinerator
GHD Pty Ltd 19 06.02.06 Pesticides, transformer casings and PCBs from the
Marshall Islands for physico-chemical treatment
at BCD Technologies Pty Ltd, 2 Krypton Street,
Narangba, Queensland 4504

Table 2: Import permits granted in 2005–06 continued ...

GHD Pty Ltd 2 01.03.06 Transformer casings and PCBs from Tuvalu for
physico-chemical treatment at BCD Technologies
Pty Ltd, 2 Krypton Street, Narangba, Queensland
4504
GHD Pty Ltd 13.3 04.05.06 Transformer casings, PCBs and pesticides from
Federated States of Micronesia for physico-
chemical treatment at BCD Technologies Pty Ltd,
2 Krypton Street, Narangba, Queensland 4504
Sims Group Ltd 300 10.05.06 Used lead-acid batteries from New Caledonia
for disposal by Australian Refined Alloys at Little
Hazardous waste
Boundary Road, Brooklyn, Victoria 3012 or 202–
212 Euston Road, Alexandria, New South Wales
2015 for metal recycling (operation R4)
Table 3: Transit permits granted in 2005–06

Technival 300 10.05.06 Transit up to 10 000 kg of obsolete pesticides,

from Technival, Vallée de Tipaerui, BP 4644–
98713 Papeete, Tahiti, Polynésie française to
Sarp Industries Rhône Alpes Méditerranée,
Establissement Solamet-Merex, Montée des Pins
– BP No. 57-13340 Rognac, France for incineration
(operation D10)
Table 4: Variations to export permits granted in 2005–06
Applicant Quantity Granted Variation

(tonnes)
Mobil Refineries Australia 300 30.06.06 To transit Goa and La Spezia, Italy
Pty Ltd
97
Table 5: Export applications received but not resolved by 30 June 2006
Applicant Quantity Received Type of waste, disposal operation and

SAFT NIFE Power 300 03.11.05 Used nickel cadmium batteries from New
Systems Australia Pty South Wales for recycling/reclamation of metals
Ltd and metal compounds at SAFT NIFE AB, S-
57201 Oskarshamn, Sweden. Via Port Klang,
Singapore, Suez, Southampton, Rotterdam and
Hamburg
Alpha Re Pty Ltd 800 05.12.05 Untested used PCs from New South Wales for
testing, refurbishment and re-distribution in
Thailand by the Thai subsidiary of Alpha Re.
Transit through Singapore and Malaysia en route
to Bangkok
Hazardous waste
Sims Group Ltd 150 27.01.06 Waste nickel cadmium batteries from Sims E-
Recycling Pty Ltd, Level 6- 41 Mclaren St, North
Sydney, New South Wales 2060 to France via
Jakarta, Singapore, Jeddah, La Spezia, Antwerp
and Felixstowe
MacDermid Australia 1 600 8.02.06 Copper ammonium chloride solution to New

litres Zealand for copper recovery
Sims Group Ltd 2 000 09.02.06 Waste cullet from cathode ray tubes from New
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
MRI (Aust) Pty Ltd 120 08.12.05 Waste nickel cadmium batteries from
MRI Australia Pty Ltd, 20-24 Dennis St,
Campbellfield, Victoria 3061 to France
Powerhouse Batteries 7 200 08.02.06 Used lead acid batteries from Powerhouse
Batteries, 55 Ourimbah Road, Tweed Heads,
New South Wales 2485 to the Republic of Korea
Exide Australia Pty Ltd 8 400 03.03.06 Used lead acid batteries from Australia for
recycling/reclamation of metals and metal
compounds by Joong-il Metals Inc (Recycling
Facility), 635-6 Sunggok-Dong, Danwon-Gu,
Ansan-City, Kyungki-Do, Republic of Korea
Exide Australia Pty Ltd 8 400 03.03.06 Used lead acid batteries from Australia for
recycling/reclamation of metals and metal
compounds by Exide Technologies (Vernon
Smelter) 2700S Indiana Street, Los Angeles,
California USA
Lex Enviro Services 6 000 02.06.06 Used lead acid batteries from Lex Enviro
Services, 6 Sunblest Crescent, Mount Druitt,
New South Wales 2770 to the Republic of Korea

Table 6: Import applications received but not resolved by 30 June 2006
Applicant Quantity Received Type of waste, disposal operation and

Universal Metals Pty Ltd 200 22.06.05 Waste lamps and fluorescent tubes containing
mercury from Taiwan for recycling/reclamation
of metals and metal compounds at Advanced
Recycling Australia Pty Ltd, 29 Reo Crescent,
Campbellfield, Victoria 3061
GHD Pty Ltd 3.5 15.06.06 Pesticides, transformer casings and PCBs from
Nuie for physico-chemical treatment at BCD
Technologies Pty Ltd, 2 Krypton Street, Narangba,
Queensland 4504
Hazardous waste
Table 7: Applications refused in 2005–06
Applicant Quantity Refused Type of waste, disposal operation and

Mount Isa Mines Ltd 7 000 24.11.05 Lead dross from Queensland for recycling/
reclamation of metals and metal compounds at
Umicore, A. Greinerstraat 14, B 2660 Hoboken,
Belgium
99
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 2005 until 30 June 2006.
Ozone depletion is a major global environmental problem. Left unchecked,
deterioration of the ozone layer will allow higher doses of ultra violet band B
(UVB) radiation to penetrate the earth’s atmosphere and will greatly increase the
incidence of skin cancer and eye cataracts, as well as affecting plants, animals and
aquatic life.
The international community’s response to ozone depletion has been cohesive
and effective. Research indicates that the rate of ozone depletion has slowed and
Ozone protection
scientists predict a full recovery of the ozone layer by around 2065. This predicted
recovery depends 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.
Purpose of the Act

The purpose of the Act is 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 gases to minimise their impact on the atmosphere.
Operational aspects of the Act
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. The Act:
• prohibits the import, export or manufacture of chlorofluorocarbon (CFCs),
halons (halon 1211, 1301 and 2402), carbon tetrachloride, methyl chloroform,
bromochloromethane and hydrobromofluorocarbons (HBFCs) without an
essential uses or used substances licence
• establishes a system of controlled substances licences and
reporting requirements for the import, export or manufacture of
hydrochlorofluorocarbons (HCFCs), methyl bromide, hydrofluorocarbons
Ozone protection
(HFCs) and perfluorocarbons (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 Synthetic Greenhouse Gas (SGG) Account to allow revenue from the
licensing system, import levies and the National 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
National 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.
103
Operational achievements in 2005–06
Background
There are four types of licence that can be issued under the Act: controlled
substance, essential use, used substance, and pre-charged equipment. There is one
type of exemption: section 40 (essential use).
Licences for controlled substances, used substances, essential uses and pre-
charged equipment are granted for a period of up to two years and stay in force
until the end of the licensing period in which they are granted. The current
licensing period ends on 31 December 2007.
Essential use exemptions are granted for a period of up to one year and remain in
force until the end of the period in which they are granted, which for the purpose
of this report is 31 December 2006.
Ozone protection
Results
As of 30 June 2006 there were 545 active licences for the 2006–2007 licensing
period. A further 41 licences were issued during 2005–06 for the previous licensing
period.
Table 1: Active licences as at 30 June 2006
Type of licence Number
Import and export HCFC 8
Import and export methyl bromide 5
Import and export HFC and PFC 9
Import refrigeration and air conditioning equipment containing an HCFC or HFC 505
refrigeration charge
Export CFC—essential use licence to facilitate the re-export of bulk CFC no longer 1
required in Australia
Import and export used or recycled CFC, halon, carbon tetrachloride and methyl 1
chloroform—used substance licence
Section 40 exemptions(a) 7
Import and export of HCFC 9
(a)
Section 40 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 or other purposes and for
which practical alternatives are not available in Australia.
The Ozone Protection and Synthetic Greenhouse Gas Regulations 1995 permit the
use of methyl bromide as a feedstock (a feedstock is an intermediate substance
which is used to manufacture other chemicals). Three permits for this were issued
in 2005–06. 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 the 2005 calendar year amounted to an equivalent of 233 ozone
depleting potential (ODP) tonnes, a decrease of 64 ODP tonnes from 2004. The
import of ozone depleting refrigerants, solvents and fire extinguishing agents
remained in line with the structured quota reduction system. In addition, an
estimated 67.01 ODP tonnes of ozone depleting refrigerants were incorporated in
pre-charged equipment imported in 2005.
Imports of bulk synthetic greenhouse gases into Australia during the 2005 calendar
year were in the order of 1 733.2 kilotonnes of carbon dioxide equivalent, while
synthetic greenhouse gases incorporated in pre-charged equipment were in the
Ozone protection
order of 3 808 kilotonnes of carbon dioxide equivalent.
Revenue
The Act provides for licence and exemption application fees to be levied.
Table 2: Licence and exemption fees
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 substances 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.
105
Table 3: Activity fees
Licensed activity Fee
Import HCFCs $3 000 per ODP(a) tonne
Import HFCs and PFCs $165 per metric tonne
Import methyl bromide $135 per metric tonne
(a)
Ozone depleting potential (ODP) is a comparative measure using CFC as a base level of 1. For example 1 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
Government of administering the legislation and undertaking programmes
associated with phase-out and emission minimisation. These fees are held in the
Ozone Protection and Synthetic Greenhouse Gas (SGG) Account.
The purpose of the account is to reimburse the Australian Government for the
costs associated with:
Ozone protection
• 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.
Funds received during 2005–06 from operation of the National Halon Bank and
licence fees and levies are shown in Table 4. Spending on emission minimisation
and phase-out programmes was low during the year as efforts were focused on
implementing amendments to the legislation. A wider emission minimisation and
phase-out programme will commence in 2006–07.
Table 4: Ozone Protection and SGG Account receipts and expenditure in 2005–06
Activity Amount received
Controlled substance licence fees: $120 000

Methyl bromide licence fees $60 000
HFCs licence fees $150 000
Pre-charged equipment licence fees $1 634 981
Section 40 exemption fees $18 000
Levies:
HCFCs $509 878
Methyl bromide $66 101
HFCs $400 804
Pre-charged equipment $341 730
National Halon Bank:
Commercial revenue $665 166
Total $3 966 660
Account Expenditure
Ozone protection
Grants $33 165
Salary and administration $1 259 178
Total minus expenditure $2 674 317
Projects funded from the Ozone Protection and SGG Account

2005–06
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 2005–06. 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 $33 164 in 2005–06.
No new projects were approved for funding under the Ozone Protection and SGG
Account in 2005–06. A new phase-out and emission minimisation programme will
be developed during 2006–07.
107
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 uses.
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, skills and working standards for industry.
The Australian Refrigeration Council was appointed as the industry board to
assist with the administration of licensing in the refrigeration and air conditioning
industry. The Fire Protection Association of Australia was appointed as the industry
board to assist with the administration of licensing in the fire protection industry.
Ozone protection
Montreal Protocol related activities

The 1987 Montreal Protocol aims to promote international cooperation in
developing and implementing specific measures to control the consumption and
production of ozone depleting substances. Australia ratified the Montreal Protocol
in May 1989. The Montreal Protocol was amended in 1990, 1992, 1995, 1997 and
1999. It establishes total phase-out dates for controlled substances. Details of the
control measures are available at www.deh.gov.au/atmosphere/ozone/legislation/
montp.html.
This year Australia continued to meet its international obligations under the
Montreal Protocol. Australia has met, or is well in advance of, all reduction
obligations. Australia will phase out the import of hydrochlorofluorocarbons
by 2015, five years ahead of our international obligations. In doing so,
Australia will consume almost 5 000 tonnes of ODP, or 63 per cent less
hydrochlorofluorocarbons than allowed for under the Montreal Protocol in the
period from 1996 to 2020.
Australia provides financial assistance, through the Montreal Protocol’s multilateral
fund, to assist developing countries comply with the phase-out requirements
under the protocol. Australia also provides technical and financial assistance to
other countries in the region to enable those countries to phase out the use of
ozone depleting substances. For example, this year Australia continued to assist
India to implement its National Halon Banking and Management Project. The
facility will enable India to eliminate new halon imports. 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.

No applications under section 66 of the Act, for review of a decision made by the
minister, were received by the Administrative Appeals Tribunal.
Ozone protection
109
Ozone protection
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 from 1 July 2005 to 30 June 2006.
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
Oil recycling
waste oil and its reuse

• support economic recycling options for waste oil.
For more information on oil recycling see www.oilrecycling.gov.au
Key features of the Product Stewardship for Oil

Programme
The 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.
While the levy is intended to offset the cost of benefits paid under the Product
Stewardship for Oil Programme, the levy is not directly connected with benefit
payments.
Product stewardship benefits are paid to recyclers as a volume based incentive
to encourage increased oil recycling. Benefits are provided at different rates,
depending on the type of product—the lowest benefits are provided for basic
burner fuels, and the highest for full recycling into as-new, re-refined base oil.
Benefit rates do not directly reflect the comparative effort involved or the
environmental benefit achieved. Rates were set by determining the amount of
incentive required for industry to undertake and increase each form of recycling.
Some forms of recycling require significantly more incentive than others.
Development of different forms of recycling will result in a diverse range of
products and markets for recycled used oil, which in turn will contribute to the
long-term sustainability of the used oil recycling industry in Australia. Table 1
shows the 2005–06 benefit rates.
Table 1: Product stewardship benefit rates in 2005–06
Category Benefit (cents

per litre)
1. Re-refined base oil (for use as a lubricant or a hydraulic or transformer oil) that 50
meets the prescribed criteria(a)
2. Other re-refined base oils (for example, chain bar oil) 10
Oil recycling
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 transformer 0
oils (re-processed or filtered, but not re-refined)
8. Gazetted oil consumed in Australia for a gazetted use 5.499
9. Recycled oil mentioned in item 5 or 6 that has been blended with a petroleum 9.557
product that meets the criteria mentioned in schedule 2 of the Regulations of the Act
(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 April 2004).
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.
113
Legislative basis of the Product Stewardship
for Oil Programme
The programme is underpinned by a package of legislation and 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
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.
Oil recycling
• 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 2005–06
This year the Australian Government announced additional funding of
$30.1 million over three years, to be provided through the Product Stewardship
for Oil Programme, to help industry adjust to the new excise arrangements
introduced as part of the government’s Fuel Excise Reform. Eligible recyclers
will receive 7.557 cents per litre from 1 July 2006 to 30 June 2007, five cents per
litre from 1 July 2007 to 30 June 2008, and 2.5 cents per litre from 1 July 2008
to 30 June 2009. The additional benefits will cease after 30 June 2009. The
Regulations were amended by 1 July 2006, in line with the start of the new excise
arrangements.
Category 9 ceased on 30 June 2006. Category 9 was introduced to offset an excise
change in 2004.
Oil Stewardship Advisory Council
The Oil Stewardship Advisory Council provides advice to the Minister for the
Environment and Heritage on the product stewardship mechanisms and their
operation, on the oil recycling and oil production industries and on markets
for recycled used oil products. 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 organisations can contribute to
formulating advice on the Product Stewardship for Oil Programme. The
Department of the Environment and Heritage and the Commissioner of Taxation
represent the Australian Government.
Table 2: Membership of the Oil Stewardship Advisory Council as at

30 June 2006
Member Representing
Mr Mike Williamson Chairman
Mr Rory Collins Commissioner of Taxation
Oil recycling
Ms Lynden Ayliffe Department of the Environment and Heritage
Mr Paul Barrett 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
Mr Harold Grundell Additional member (oil recycler)
Mr Fred Wren Additional member (oil recycler)
The council held two meetings in 2005–06, one in Darwin on 18 October 2005 and
the other in Canberra on 20 June 2006.
Financial information
This section reports on the financial arrangements for the Product Stewardship for
Oil Programme for the period 1 July 2005 to 30 June 2006, including levy
collections and benefit payments. Information on transitional assistance expenditure
is set out under the heading Transitional Assistance Grants Programme.
115
General operation
The department, the Australian Taxation Office and the Australian Customs Service
continue to work together to ensure that the programme is simple to administer
and understand. The general administration of the programme is progressing well,
with seven applications for registration during 2005–06, the majority of which are
claimants under category 8. There were 71 recyclers registered for benefits, and
47 active recyclers, as at 30 June 2006.
The Australian Taxation Office’ audit programme from previous years continued,
with one audit being finalised during 2005-06.
Information on registering for benefit payments can be obtained from the
Australian Taxation Office fuel schemes website at www.ato.gov.au/businesses.
Product stewardship levy

In 2005–06 total revenue collected from the product stewardship levy was
$25.9 million, comprising $21 million in excise collection on domestic production
and $4.9 million in customs duty on imported oils. An amount of $1.4 million was
paid back to clients in the form of drawbacks (for export) and refunds, bringing
Oil recycling
the balance of revenue from the levy to $24.5 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 2005–06 by category.
Table 3: Product stewardship levy collection (excise) by category in 2005–06
Item number Category Levy collected
1501 Lubricant base oil $4 168 011

1502 Prepared lubricant additives $860 640
1503 Engine lubricant $9 778 660
1504 Gear, transmission, transformer and heat transfer oils $2 948 032
1505 Hydraulic and brake fluids $1 803 313
1506 Metal working and process oils $485 877
1507 Lubricant base oils (recycled) $538 322
1508 Prepared lubricant additives (recycled) 0
1511 Hydraulic fluids and break fluid $5 415
1512 Metal working process oils $981
1513 Petroleum based greases and synthetic equivalents $465 598
Total $21 054 848
Total amount may differ slightly from the sum of the components due to rounding.
Table 4: Product stewardship levy collection (customs tariff) by category in
2005–06
Item number Category Levy collected
27101991 Petroleum based oils including lubricants, hydraulic fluids and $2 745 717
transformer oils
27101992 Petroleum based greases $284 343
27109191 Petroleum based oils including lubricants, hydraulic fluids and $13 568
transformer oils
27109192 Petroleum based greases $655
27109991 Petroleum based oils including lubricants, hydraulic fluids and $54 185
transformer oils
27109992 Petroleum based greases $2 417
34031110 Preparations for the treatment of textiles, containing petroleum oils, $2 979
solid
liquid
34031910 Other preparations (for example, cutting oil, anti-corrosion) $46 928
containing petroleum oils, solid
Oil recycling
34031990 Other preparations (for example, cutting oil, anti-corrosion) $279 501
solid
34039190 Preparations for the treatment of textiles, not containing petroleum $18 454
oils, solid
34039910 Other preparations (for example, cutting oil, anti-corrosion) not $94 271
34039990 Other preparations (for example, cutting oil, anti-corrosion) not $240 444
containing petroleum oils, liquid
38112110 Additives for lubricating oil, containing petroleum oils, solid $3 727
38112190 Additives for lubricating oil, containing petroleum oils, liquid $1 018 594
38190000 Hydraulic brake fluids $71 847
Total $4 889 936
Total amount may differ slightly from the sum of the components due to rounding.
117
Product stewardship benefits
A total of $17.2 million was paid as product stewardship benefits in 2005–06, with
$14 million paid to recyclers for recycling used oil. This is an increase of almost
10 per cent from 2004–05. This increase is attributable to an increase in benefit
claims in most categories, and especially category 8.
The volume of oil on which benefits were paid in 2005–06 was 211 million litres,
compared to 220 million litres in 2004–05. While this constitutes a slight drop in
overall volumes of used oil recycled, more time is required to establish a reliable
long-term 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 annual volume of used oil recycled since the programme
began. Figure 2 shows the annual volume of used oil claimed in each category
since the programme began. Table 5 provides a breakdown by product category for
2005–06, indicating volumes recycled and benefit payments provided.
Oil recycling
Figure 1: Annual volume of oil recycled since the Product Stewardship

for Oil Programme began
250
200
Volume (million litres)
150
100
50
0
pre-PSO 2000–01 2001–02 2002–03 2003–04 2004–05 2005–06
Note: The pre-PSO programme value is an industry estimate. Programme benefits commenced in
January 2001, therefore the 2000–01 value was extrapolated from only six months data.
Figure 2: Annual volume of recycled oil in each category since the
Product Stewardship for Oil Programme began
120
100
Volume (million litres)
80
60
40
20
0
2000–01 2001–02 2002–03 2003–04 2004–05 2005–06
Category 1 Category 3 Category 5 Category 6
Oil recycling
Categories 2 and 4 reported volumes are too small to chart. Categories 8 and 9 do not contribute to
the overall volume of used oil recycled. Programme benefits commenced in January 2001, therefore the
2000–01 value was extrapolated from only six months data.
The intent of the benefit rates is to encourage an increase in the volume of

used oil recycled within each category. Category 1 has shown a very slow start
and a slow increase over time. Volumes claimed under category 1 are expected
to continue to increase over the next few years. Category 5 claims have grown
steadily since the commencement of the programme, with category 6 figures
decreasing slightly, suggesting a shift from category 6 to category 5.
119
Table 5: Product stewardship benefit payments by category in 2005–06
Category Benefit Litres

payments
1. Re-refined base oil (for use as a lubricant or a hydraulic or $5 053 730 10 107 460
transformer oil) which meets the specified criteria
2. Other re-refined base oils 0 0
3. Diesel fuels to which the Excise Tariff Act 1921 applies $1 416 697 19 898 322
4. Diesel extenders (filtered, de-watered and de-mineralised) 0 0
5. High grade industrial burning oils (filtered, de-watered and $5 362 978 107 169 566
de-mineralised)
6. Low grade industrial burning oils (filtered and de-watered) $2 204 318 73 401 270
7. Industrial process oils and lubricants, including hydraulic and 0 0

transformer oils (re-processed or filtered, but not re-refined)
8. Gazetted oil consumed in Australia for a gazetted use $2 563 284 47 041 373
9. Recycled oil mentioned in item 5 or 6 that has been blended with a $569 668 5 960 736
petroleum product that meets the criteria mentioned in schedule 2
Used oil recycled (excludes categories 8 & 9)(a) $14 037 723 210 576 618
Total $17 170 675 263 578 727

Oil recycling
(a)
Benefits paid under categories 8 and 9 do not contribute to the overall volume of used oil recycled.
Transitional Assistance Grants Programme

Under the Product Stewardship for Oil Programme, transitional assistance funding
of $34.5 million has been provided over seven years (2001–2007) to facilitate
projects that remove structural barriers to oil recycling, such as lack of adequate
infrastructure or technology.
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
• related environmental issues such as handling and management of filters,
drums and ‘do it yourself ’ packaging
Oil recycling
• 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 strategic partnerships for the provision of goods and services.
Major initiatives funded under the transitional assistance component include:
• collection infrastructure
• public awareness raising
• technologies
• remote and Indigenous projects.
121
Collection infrastructure
This initiative aims to establish a nationwide network of used oil collection facilities
throughout Australia. It comprises two components—direct grants and grants to
state agencies under the State Partnership Programme.
To date $7.9 million has been spent on the Local Government Waste Oil Collection
Infrastructure Small Grants Programme to establish 528 collection facilities across
324 local governments throughout Australia.
The State Partnership Programme also funds collection infrastructure. Multi-year
grant agreements were signed with Victoria, Western Australia and Queensland in
2002–03 and a grant was provided to South Australia in 2004–05. The combined
number of facilities funded as at 30 June 2006 was 325, well above the 230 facilities
originally envisaged.
This year the minister approved grants worth $1 349 906 for used oil collection
infrastructure. This will add 81 used oil collection facilities to the national network
and will result in the collection of an estimated extra 688 000 litres per year. It
will also pay for bulk storage facilities for used oil on Kangaroo Island and in Alice
Springs. Information about the locations of used oil collection facilities is available
at www.oilrecycling.gov.au.
Oil recycling
Raising public awareness

This year the department developed a new factsheet on the environmental and
health impacts of used oil, after consulting with the Australian Government
Department of Health. Three factsheets are now available online at
www.oilrecycling.gov.au/publications.html.
The department is currently updating its public online database of used oil
collection facilities to ensure accurate information continues to be available to the
Australian public.
Technologies
This year Wren Oil received a multi-year grant of $400 000 for a processing plant
that will enable distillation residue from recycled oil to be used in road bitumen.
In 2004–05 a $2.5 million multi-year grant was provided to the Australian Institute
of Petroleum to help establish nationwide infrastructure for the collection and
recycling of household plastic oil containers. This project will continue until 2007.
Grants paid in previous years to assist industry to develop re-refining plants will
eventually produce about 40 million litres of group 1 and group 2 base oils from
used oil.
Remote and Indigenous projects
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 manage used oil
in conjunction with other waste streams.
In 2005–06 the department provided $955 806 for four projects in remote
and Indigenous communities. These include used oil and integrated waste
management projects on the Anangu Pitjantjatjara lands and on Warabar Island in
the Torres Strait. These projects will also contribute to improved environmental
health and Indigenous employment opportunities.
Operating expenses
The department’s 2005–06 operating costs for the Product Stewardship for Oil
Programme, including staff salaries and allowances, consultancies, advertising and
other related expenses, were $1.28 million.
The Australian Taxation Office reports that its operating costs for the programme
were $251 000. Services provided by the Australian Taxation Office include
processing registrations and claims for benefits, compliance monitoring and client
Oil recycling
liaison.
The department provided the Australian Taxation Office with an additional
$50 000 from transitional assistance grants funding to cover costs associated with
implementing the regulatory changes developed this year.
The Oil Stewardship Advisory Council’s operating costs were $43 310. This
includes all costs related to the activities of the 10-member advisory council
including venue hire, sitting fees, air fares and other travel costs and allowances.
Monitoring and evaluation

Two independent reviews of the Product Stewardship for Oil Programme (reviews
of the legislation and of the transitional assistance element) were tabled in
parliament on 17 November 2004. The reports are available at
www.oilrecycling.gov.au/publications.
The government response to the recommendations from the two independent
reviews of the programme is ongoing. The government has responded to some of
the recommendations and expects to address others during the coming year.
The next review will be conducted in 2008.
123
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 2005 to 30 June 2006.
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 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
Movable heritage
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.
The UNESCO Convention

The Protection of Movable Cultural Heritage Act 1986 was passed as the necessary
implementing legislation prior to Australia’s accession on 30 January 1990 to
the United Nations Educational, Scientific and Cultural Organization (UNESCO)
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property (1970).
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 are significant Australian heritage objects that cannot normally be
exported from Australia. They include:
• some of the most significant items of Aboriginal and Torres Strait Islander
heritage: bark and log coffins, human remains, rock art, dendroglyphs (carved
burial and initiation trees) and sacred and secret ritual objects
• Victoria Crosses awarded to Australian recipients
• objects comprising the suit of armour worn by Ned Kelly at the event known as
the siege of Glenrowan in 1880.
If a Class A object is not in Australia and a person wishes to temporarily import the
object, the minister may grant a certificate authorising the subsequent export of
the object.
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
Movable heritage
• numismatic objects and medals not covered under Class A
• philatelic objects
• objects of historical significance not covered under Class A.
Review of the Protection of Movable Cultural

Heritage Act 1986, Regulations and administration
The review of the Act is continuing with an assessment of sections which might
be amended to simplify the control list and the threshold criteria for ‘Australian
protected objects’. Key stakeholders will be consulted during 2006-07.
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. Enquiries were undertaken in respect of a wide range of objects being
exported and imported including heritage machinery, fossils and antiquities. The
127
department also assisted members of the public and businesses with enquiries
about export permit requirements.
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. In 2005–06 the department liaised with a number of foreign countries
on cases involving objects such as aircraft relics, fossils and Egyptian artefacts.
Over 10 000 pieces (approximately 10 tonnes) of illegally imported Chinese
fossils were returned to the People’s Republic of China at a ceremony in Perth
on 30 September 2005. The fossils were seized in multiple operations by the
Australian Federal Police across Australia on the request of the Department of the
Environment and Heritage.
Seven illegally imported ancient Egyptian funerary objects recovered under the
Act were returned to the Egyptian Government on 19 July 2005. Following further
Movable heritage
Faience amulet Shabtis statuette Funerary statuette
Recovered ancient Egyptian funerary objects. Photo: Mark Mohell
repatriation requests from the Egyptian Government, more objects were seized
in Sydney and Melbourne with the assistance of the Australian Federal Police.
Investigation into the objects seized is continuing.
Two containers of imported Japanese and New Zealand World War II aircraft relics,
impounded upon arrival in Melbourne in June 2005, were released to the importer
by Customs in early May 2006 following legal proceedings in Papua New Guinea.
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.
Funding of $500 000 was allocated at Additional Estimates in 2005–06 to maintain
the National Cultural Heritage Account at $0.5 million.
This year, following advice from the National Cultural Heritage Committee, the
minister approved funding for Australian cultural organisations to acquire the
following objects:
• $43 000 to the Millthorpe and District Historical Society to acquire a 1911
Clayton & Shuttleworth steam traction engine
• $125 000 to the South Australian Museum to acquire a opalised Pascoe
ichthyosaur fossil
• $7 500 to the National Trust of Australia (Tasmania) to acquire a c.1830
Broadwood upright cabinet piano
• $28 500 to the Queensland Museum to acquire two Gulmari shields
• $60 000 to the School of Music, Australian National University, to acquire a
c.1880 Ronisch concert grand piano
Movable heritage
• $200 000 to the Geelong Art Gallery to acquire the Eugene von Guerard 1856
painting View of Geelong
• $15 000 to Museum Victoria to support the purchase of the Hobson’s Bay Pier
steam hoisting engine, c.1854.
Export permit applications

A total of 91 applications were finalised which included the assessment of 1 970
objects (including 49 requests for letters of clearance) during 2005–06. A summary
of export applications processed in 2005–06 is at Appendix 1. The objects
that were issued permanent and temporary export permits and certificates of
exemption are described at Appendix 2.
There were two applications covering two objects under consideration at
1 July 2005 and six applications covering six objects under consideration at
30 June 2006.
129
Permits for permanent export (including conditional permits)
Permits were issued to export permanently 19 Australian protected objects.
Conditional permits for the export of three Kelly & Lewis Stationery Motors were
issued. The permits require the exporter to notify the department of the shipping
details to enable an inspection before export. 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

Nine permits were issued to allow the temporary export of 92 Australian protected
objects for exhibition or assessment. Objects included:
• Ned Kelly’s revolver and Dan Kelly’s helmet, for an exhibition on Ned Kelly in
Dublin
• two paintings by John Mawurdjal
• Australian stamps for an exhibition in New York.
Letters of clearance
Letters of clearance may be issued for objects that have been assessed by expert
examiners as not being Australian Protected Objects, and therefore do not require
an export permit under the Act. Letters of clearance are normally issued by the
department to assist with the clearance of these objects through Customs.
Movable heritage
In 2005–06 a total of 49 letters of clearance were issued covering a total of 1 857

objects.
Refusal of export permits

Five objects were refused an export permit during 2005–06.
Two Gulmari shields were refused an export permit on 17 August 2005. These
Aboriginal shields were manufactured in south central Queensland in the 1880s.
Each shield has unique features including individual artisan skills, the use of local
materials including woods and ochres, and individual designs. These shields define
the maker’s totemic group identification or clan affiliations and relationship to
country at a particular time in history. Artefacts from central, eastern, and south-
eastern Queensland are severely under-represented in Australian collections, and
documented shields from these areas are particularly rare.
There are few shields in Australian public collections that were acquired prior to
1900. The shields are also of exceptional cultural and educational value as there is
a documented provenance to John Colburn Mayne, who had a known association
with the Queensland locality at ‘Kincombe’.
An 1887 McLaren 8HP steam traction engine was refused an export permit on
11 November 2005. This traction engine is the oldest known McLaren traction
engine in Australia and was one of the first four general purpose traction engines
imported into Australia by McLaren’s. The traction engine displays rare technical
design features and is the only known surviving example in Australia of McLaren’s
innovative patent spring wheels. The engine has important associations with the
development of the pastoral industry and was displayed at the Melbourne Show
of the National Agricultural Society of Victoria and possibly also at the Melbourne
International Centennial Exhibition.
A c.1880 Ronisch concert grand piano was refused a permit on 22 November 2005.
The piano is likely to be the only one of its kind in Australia, and to have been
commissioned by the Melbourne music retailers Nicholson & Co, and used in
recitals at the Nicholson & Co Music Emporium in Collins Street, Melbourne to
promote the company and to encourage sales of pianos.
The piano was identified as being of outstanding cultural heritage significance
to Australia, and significant for its rarity and the aesthetic value of its design and
workmanship. It is a link to the cultural aspirations of an increasingly affluent
Australia in the late 19th century, and an example of late 19th century German piano
manufacture and its influence on Australia at the time.
A permit was refused for a
c.1898 Fowler tank steam
locomotive on 21 June 2006.
Movable heritage
The Fowler tank steam
locomotive is the oldest
known 0-6-0T locomotive
still surviving with historical
links to the Queensland sugar
industry and one of Australia’s
major corporations, the
Colonial Sugar Refining
Company. The object’s
link to the sugar industry
is significant because that
industry played a key role in
Australia’s economic, social
The department provided $60 000 from the National
and cultural development.
Cultural Heritage Account to the Australian National
University School of Art to assist with the acquisition of It has contributed to
this Ronisch concert grand piano. Photo: John Crowley export earnings, facilitated
the spread of settlement,
employed many migrant
131
workers and been a part of major industrial actions. The industry was featured in
Australian literature, including Ray Lawler’s Summer of the Seventeenth Doll (1957)
and Jean Devanny’s novel Sugar Doll (1936).
The provenance of the locomotive is well documented. The locomotive was
imported by the Colonial Sugar Refining Company for use in the Childers sugar
mill to haul sugar cane. In 1932 the Childers mill closed down and the locomotive
was purchased by the Isis Central Mill Company. There are seven John Fowler
narrow gauge 0-6-0T locomotives remaining in Australia, none of which are in
public collections.
Applications withdrawn
Four applications were withdrawn in the year under review.
Certificates of exemption
Seven certificates of exemption covering 17 objects were issued this 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
Movable heritage
unavailable.
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.
Table 1: Membership of the National Cultural Heritage Committee in 2005–06
Member Date/term of appointment
Mr Craddock Morton, Director, National Museum of Australia (Chair) Appointed 9 March 2006
Professor Daryl Le Grew, Vice Chancellor, University of Tasmania, Appointed 27 March 2006
representative of the Australian Vice Chancellors Committee
Mr Simon Molesworth AM QC, barrister-at-law, Victoria Re-appointed for 4 years from

25 May 2006
Professor Kenneth McNamara, Senior Curator, Invertebrate Re-appointed for 2 years from
Paleontology, Western Australian Museum 9 March 2006
Ms Deborah Tranter, Deputy Director, Cobb and Co Museum, Member until 12 July 2008
Queensland
Ms Jennifer Sanders, Associate Director, Powerhouse Museum, Member until 12 July 2008
Sydney
Dr Susan Marsden, historian, South Australia Member until 23 April 2008
Ms Kylie Winkworth, museum and heritage consultant, NSW Member until 13 August 2006
Ms Avril Quaill, Principal Project Officer, Queensland Indigenous Arts Member until 1 October 2006
Marketing and Export Agency
Mr Bill Bleathman, Director, Tasmanian Museum and Art Gallery Member until 25 February 2007
Dr Philip Jones, Senior Curator, Department of Anthropology, South Retired as Chair December 2005
Australian Museum
Professor Di Yerbury AO, Vice-Chancellor, Macquarie University Retired as representative of
Movable heritage
the Australian Vice Chancellors
Committee December 2005
The committee held two face-to-face meetings (6 September 2005 and

26 May 2006) and two teleconferences (5 December 2005 and 26 May 2006)
to consider applications for export permits and for funding from the National
Cultural Heritage Account. Committee business was also conducted out of session,
including the consideration of export applications and funding applications and
advice to the minister.
Committee-related expenditure for 2005–06 was $17 532 which included sitting
fees and costs for attendance at meetings including travel and accommodation.
133
Register of Expert Examiners
The Register of Expert Examiners was maintained by the committee in accordance
with section 22 of the Act. The committee regularly invites individuals with
appropriate expertise to be included on the register to assist in broadening the
skills available to the committee in seeking expert advice.
The committee wishes to express its sincere gratitude to the expert examiners for
giving the benefit of their wide experience and practical support throughout the
year. Their specialist 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.
Appendix 1: Summary of export applications

and assessments in 2005–06
Export applications Applications Number of objects
Applications brought forward as at 1 July 2005 2 2
Applications received during 2005–06 28 111

Movable heritage
Active applications during 2005–06 30 113
Applications finalised during 2005–06 24 107
Applications carried over as at 30 June 2006 6 6
Outcomes of applications finalised Outcomes Number of objects
Permanent export permits issued 17 19
Temporary export permits issued 9 68
Letters of clearance issued 49 1 857
Certificates of exemption issued 7 17
Permits refused 5 5
Applications withdrawn 4 4
Total outcomes 88 1 967
Appendix 2: Permits issued in 2005–06
Permanent export permits—description Finalised
1985 Ruby Plains Massacre by Rover Thomas 01.07.2005
1985 Lundari (Battamundi Dreaming) by Rover Thomas 01.07.2005
c.1962 Bark painting Wanjina by Wattie Karruwara 01.07.2005
NSW Matilda Infantry Tank Mark 11 20.07.2005
A Big Hill Gumeri on Bedford Downs Station 1984 by Paddy Tjamatji 22.08.2005
Bush Tucker Dreaming with Running Water, 1972 by Johnny Warangkula Tjupurrula 22.08.2005
c.1951 Kelly & Lewis Stationery Motor Serial No.6535 07.10.2005

c.1951 Kelly & Lewis Stationery Motor Serial No.6431
c.1951 Kelly & Lewis Stationery Motor Serial No. 6485
Sketch of St George’s Terrace, Perth, by Charles Wittenoom 25.11.2005
Wallaby Dreaming, 1972 by Uta Uta Tjangala 13.12.2005
Sharks c.1950, artist unknown 13.12.2005
Mimih Spirit Dancing at Catfish Ceremony 1979 by Peter Marralwanga 10.02.2006
The Milky Way 1964 by Mawalan Marika 10.02.2006
1943 Ford GPA Amphibious vehicle 18.04.2006
Lissadell Country (Bugaltji) by Rover Thomas 18.04.2006
Movable heritage
Wild Potato Dreaming 1972 by David Corby Tjapaltjarri 18.04.2006
Bewbew the Giant by Yirawala 01.04.2006
Churchill Mk VII A42 Infantry Tank 08.05.2006
135
Temporary export permits—description Finalised
Untitled by Johnny Warangrula 07.07.2005
Dupan by John Mawundjurl 1980 14.07.2005
Ngalyod by John Mawurndjul 14.07.2005
40 objects for philatelic exhibition, titled George V Commemorative and Pictorial 07.10.2005
Issues of Australia 1927–1936
An 1851 Navy Colt percussion cap. 36 calibre 6 shot revolver (Ned Kelly’s revolver); 18.04.2006
three lithographs by Sidney Nolan
A solid plaster cast death mask of Edward Kelly, a fragment of Mrs Curnow’s scarf,
Edward Kelly’s rifle, Kelly Gang reward notice poster
Philatelic objects: the Postage Dues of Australia: the Postal Rates of Victoria, the 19.04.2006
George V Commemorative and Pictorial Issues of Australia 1927–36, NSW: Sydney
Views, Laureates and Diadems, Tonga - the Early Period
14 ochred paintings on board from Turkey Creek (Warmun) in the East Kimberley 08.05.2006
region of Western Australia
Dan Kelly helmet 13.04.2006
Tommy McRae, Another Fight c.1890 23.05.2006

A bi-cornual basket, north-east Queensland
A rainforest shield, north-east Queensland
Artist unknown (Western Arnhem Land) Untitled (barrumundi, lizards and mission)
Artist unknown (Western Arnhem Land) Untitled (spirit being, long necked tortoise and
barrumundi)
Movable heritage
Nym Djimurrgurr, Moorool the dreaming man c.1950s

Mandidja (Mamdidji) untitled (Namarnde spirits) c.1950s
Artist unkown (Rembarrnga) untitled (spirit figures) c.1960
Samuel Wagbara Mimihs c.1960
Mawalan Marika Minyapu (Bremmer Island Turtle Hunt) c.1960
Lunaluna Ceremonial Figure (Mokuy) c.1963
Enraeld Djulabinyanna Purukaparli c.1960
Deaf Tommy Mungatopi Coral Phases of the Moon c.1967
Deaf Tommy Mungatopi Coral c.1968
Mickey Bungkuni Wanjina 1964
Charlie Numbulmoore Wanjina 1971
Yirawala Male and Female Kangaroos c.1965
Old Mick Walangkarri Tjakamarra Possum Looking For Food In The Sandhills 1971
Johnny Warangkula Tjupurrula Water Dreaming with Bush Tucker 1971
Kaapa Tjampitjinpa Budgerigar Dreaming 1972
Uta Uta Tjangala untitled (two boys dreaming) 1972
Clifford Possum Tjapaltjarri Possum Travelling Love Story 1973
Tim Leura Tjapaltjarri Kangaroo at Ritjulnya 1982
Certificates of exemption—description Finalised
Pewter Plate Dirk Hartog Dish 1616 —inscribed by Dirk Hartog on Dirk Hartog Island, 12.12.2005
Western Australia
Map Caerte Van Arent Martensz De Leeuw, Opperstierm drawn by Arent Martensz de
Leeuw 1623 on voyage of Jan Carstensz
Manuscript Journal Carstensz Journal by Jan Carstensz on a voyage from Amboina to
Cape York, Queensland, in 1623
Potato Dreaming c.1972 by Johnny Warangkula Tjupurrula 15.12.2005
Water Dreaming at Kalipynipa, c1972 by Johnny Warangkula Tjupurrula. 10.01.2006
Herbert A. Mayer Collection of Australian Aboriginal children’s art 03.02.2006
c.1742–1797 Portrait of Colebee by Thomas Watling 23.02.2006

c.1792–1797 Portrait of Nanbree by Thomas Watling
c.1792–1797 Portrait of Gur-Roo-ee by Thomas Watling
c.1792–1797 Da-Ring-Ha, Colebee’s Wife by Thomas Watling
c.1790 Mr. Waterhouse endeavouring to break the spear after Governor Phillip was
wounded by Wil-le-me-ring where the Whale was cast on shore in Manly Cove by Port
Jackson Painter
c.1790 or 1797 Mr. White, Harris and Laing with a party of Soldiers visiting Botany Bay
Colebee at that place, when wounded by Port Jackson Painter
c.1788–1797 A method used by the natives of New South Wales of ornamenting
themselves by Port Jackson Painter
1820 North view of Sydney, New South Wales, watercolour and gouache on paper 01.03.2006
1828 Ilex paraguensis lithograph, printed in black, hand coloured
Movable heritage
1770 – Two Aboriginals fishing – watercolour by Tupaia. Made during James Cook’s 03.05.2006
first voyage.
1770 – Pencil sketch of figures, implements and canoes by Sydney Parkinson. Made
during James Cook’s first voyage.
137
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 1 July 2005 to 30 June 2006.
Purpose of the Act

The Commonwealth Water Efficiency Labelling and Standards Act 2005 was
passed in March 2005 and came into effect on 1 July 2005. The Water Efficiency
Labelling and Standards (WELS) scheme is a national regulatory system
administered by the Department of the Environment and Heritage on behalf of the
Australian Government. The scheme is funded from industry registration fees and
contributions from federal, state and territory governments. Industry must register
products that come under the scope of the scheme with the WELS regulator (the
secretary of the Department of the Environment and Heritage).
From 1 July 2006 products identified under the WELS scheme must be tested for
their water efficiency and display a water efficiency rating label for sale in Australia.
The products identified under the scheme are:
• showers
• dishwashers
• clothes washing machines
Water efficiency
• lavatory equipment
• tap equipment
• urinal equipment
• flow controllers (registration of flow controllers is optional at this stage).
This year, the WELS regulator worked with industry to ensure they were in
compliance with the requirements of the WELS scheme in the lead up to the
1 July 2006 mandatory phase-in date. The Minister for the Environment and
Heritage sent over 5 000 letters to Australian industry members in early April 2006
advising them of their obligations under the scheme.
Other communication and industry assistance activities included:
• holding 12 seminars in the capital cities in April, May and June 2006 targeting
manufacturers and importers, retailers and wholesalers, builders, specifiers,
plumbers and key associations. Over 450 industry representatives attended
the seminars
• providing one-on-one advisory services in the capital cities to give tailored
advice to companies to assist their compliance with the requirements of the
WELS scheme. More than 100 companies received individual advice
• distributing resource materials (e.g. fact sheets about the WELS scheme) to key
industry associations
• providing a WELS advisory service through the WELS phone and email help
lines. This service has involved walking industry members through the
registration process, the product, and the WELS standard to ensure they fully
understand their obligations under the scheme
• placing advertising in key trade and industry publications including for
electronic and general retailers, plumbers, Australian manufacturers, the
building industry and importers from the Asian market
• meeting with key industry associations and large retailers
• speaking at key conferences (e.g. the Master Plumbers Conference in
October 2005)
• meeting with key industry groups (e.g. the Australian Hydraulics and Specifiers
Association).
Registrations
The WELS scheme has been open for product registrations since 1 July 2005. As at
30 June 2006 the WELS regulator had registered 4 000 products under the scheme.
Intergovernmental agreement and declarations

In March 2005, Environment Protection and Heritage Council ministers signed an Water efficiency
agreement which outlined the roles and responsibilities of jurisdictions for the
implementation of WELS.
The agreement encouraged 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.
In 2005–06, Tasmania enacted WELS legislation, adding to the corresponding
legislation enacted by New South Wales, Victoria and the Australian Capital
Territory in 2004–05. Queensland’s WELS legislation has been proclaimed and will
be declared shortly. The Western Australian parliament is currently considering
corresponding WELS legislation. The Northern Territory is in the final stages of
preparing legislation. South Australia is still to prepare legislation.
141
Determinations and standards
In 2005–06 the department facilitated a number of amendments to the WELS
Standard (AS/NZ 6400: 2005 Water Efficient Products—Rating and Labelling). The
amendments were finalised through the Standards Australia committee process in
May 2006. These amendments were requested by industry and served to:
• clarify the registration requirements under the scheme
• refine the ratings to rate low flow showers
• revise the approach to labelling toilet pans and urinals
• provide new labelling options for plumbing and sanitary wares and for labelling
in showrooms and display homes.
At 30 June 2006, the revised WELS Standard was in preparation.
Compliance activities
The WELS regulator has commenced surveillance activities as part of the
implementation of the Act. The regulator has also investigated a number of minor
non-compliances with the scheme and has agreed on remedial action with the
companies involved.
Water efficiency
INDEX
approvals, 8–10, 18–20, 58, 63, 64–5, 71
A fuel quality, 86, 89
Aboriginal Australians, see Indigenous Australians/
strategic regional planning projects, 24–5
communities
accredited state/territory assessments, 11, 58, 63, see also permits
66, 68 Approvals and Wildlife Division, 5
activity category, referrals by, 61 aquaculture, 21, 41
Acts, see legislation Arnhem Plateau sandstone heath, 31
Additional Estimates, 129 artificial propagation programmes, 40
Adelaide, 23 artworks and artefacts, 129, 130
Adelie penguins, 35 illegal imports, 128
Administrative Appeals Tribunal, 88, 109 Asian elephants, 40, 56
EPBC Act, 56 assessment and approval process, 8–10, 13–22,
Administrative Decisions (Judicial Review) Act 58–70, 77
1977, 55 bilateral agreements, 11
Administrative Guidelines on Significance, 21 strategic regional planning projects, 24–5
advice on authorising actions, 10, 64 assessments, 16–17, 58, 63, 65–0, 71
advisory committees, 26–8, 74–6 cetacean permits, 70
fuel quality, 85–6, 88 fisheries, 21–2, 35, 36, 71
movable heritage, 132–4 heritage, 43, 44–5, 46
oil product stewardship, 115, 123 audits, see monitoring and compliance
threatened species, 12–13, 26–7, 74 Australian Academic of Science Building, 44
aerial surveys, 29 Australian Alps, 44
AgForward team, 25 Australian Biological Resources Study, 27
Agreement between the Government of Australia Australian Capital Territory, 36
and the Government of Japan for the Protection Commonwealth heritage places, 46, 48
of Migratory Birds in Danger of Extinction and national heritage places, 44
their Environment, 34 referrals and referral decisions, 60
Agreement between the Government of Australia Royal Australian Naval Transmitting Station, 9
and the Government of the People’s Republic
water efficiency, 141
of China for the Protection of Migratory Birds
Australian Council of National Trusts, 25
and their Environment, 34
Australian Customs Service, 41, 54, 112, 116, 128
agriculture, 25–6
customs tariff levy collections, 117
land clearing, 21, 53
Australian Environmental Law Enforcement and
movable heritage, 131–2
Regulation Network, 51–2
air conditioning equipment, 103, 107, 108
Australian Federal Police, 53, 128
Air Services Australia, 47
Australian Government actions, see
aircraft relics, 128
Commonwealth land/actions
airports, 64
Australian Government Solicitor, 55
Index
Alice Springs, 122

Alpine National Park, 44 Australian Heritage Council, 28, 43–8, 76
American River subdivision, 20 Australian Heritage Council Act 2003, 28
American Society for Testing and Materials, 84 Australian Institute of Petroleum, 83–4, 122
amphibian chytrid disease, 37 Australian National University, School of Music, 129
Anangu Pitjantjatjara lands, 123 ‘Australian protected objects’, 127
Anseranas semipalmata, 35 Australian Refrigeration Council, 108
Antarctic Arts Fellowship, 35 Australian sea lion, 37
Antarctica, 45, 60 Australian Taxation Office, 112, 114, 115, 116, 123
ants, 37 Australian War Memorial, 44
appeals against decisions, 53, 55–6 Australian youth ambassador for development, 39
Appropriation (Supplementary Measures) Act aviation, 64
(No. 2) 1999, 114 movable heritage, 128
B C
Bald Hills Wind Farm, 55 Calyptorhynchus lathami halmaturinus, 20
Basel Convention, 92, 93 CAMBA, 34
basking shark, 34 Canberra, see Australian Capital Territory
Batavia Shipwreck Site and Survivor Camps Area Canberra Investment Corporation Limited, 10
1629, 44 Candelo dry grass forest, 31
bats, 15 capacity building, see workshops and
batteries, 94 presentations
beak and feather disease, 37 Cape Inscription Area, 44
Bega, 23 captive breeding programmes, 41
Bega dry grass forest, 31 carbon tetrachloride, 103
benefits paid to oil recyclers, 112–13, 118–20 cats, 37
legislative basis, 114 Central Eastern Rainforest Reserves (Australia), 12
number of registrations, 116 Cerberus, 44
bilateral agreements, 11, 58, 63, 66–7, 68–9 certificates of exemption, movable heritage, 132,
oil recycling, 122 134, 137
Species Information Partnerships, 12–13 cetaceans, see whales and other cetaceans
biodiesel, 83, 85 Chanos chanos, 40
biodiversity conservation, 27, 29–42, 70–1 Chillagoe region, 15
see also threatened species and ecological
China, 34, 40, 128
communities
chlorofluorocarbon (CFCs), 103
Biofuels Taskforce report, 84, 87
Christmas Island, 37, 60
biological control agents, 41
chytrid fungus, 37
Biological Diversity Advisory Committee, 27, 74–5
CITES, 38, 39
bioregional planning, 30
Clayton & Shuttleworth steam traction engines, 129
biosphere reserves, 49
Clean Fuels Bulletin, 88
birds, 10, 20, 23
climate change, 27, 102, 103
migratory, 34, 37, 38; prosecutions, 54
coal mining, 55
permits, 35
Coastwatch, 55
recovery planning, 37
cockatoos, 20
threat abatement planning, 37
Cocos (Keeling) Islands, 54, 60
Blue Mountains, 12
blue whale, 29 collared dove, 40
bluefin tuna, 56 collection facilities for recycled oil, 122
Bonn Convention, 34, 37–8 Colonial Sugar Refining Company, 131–2
Bonney Upwelling region, 29 commercial import programmes, 40
booby birds, 54 Commissioner of Taxation, 115
Booderee National Park, 27 Commonwealth Director of Public Prosecutions
Index
Border Ranges region, 36 referrals, 53, 86

Bowen Marina, 8 Commonwealth Financial Management and
Brewarrina Fish Traps, 46 Accountability Act 1997, 129
brigalow belt bioregion, 31 Commonwealth Heritage List, 43, 46–8, 79
Brisbane, 23 Commonwealth land/actions, 9–10, 62
Britain, 34 exemptions under section 303A, 38
Broadwood upright cabinet pianos, 129 guidelines, 21
Brogo wet vine forest, 31 Commonwealth marine environment, see marine
bromochloromethane, 103 environment
Budj Bim National Heritage Landscape, 46 communication with stakeholders, 22–8, 88, 140–1
Bunbury/Busselton, 25, 52 see also publications; workshops and
Bureau of Meteorology, 47 presentations
button wrinklewort, 33 Communities for Communities newsletter, 23
145
compliance, see monitoring and compliance dogs, feral, 29
compliance assurance pilot project, 52 dolphins, 35–6
conditions attached to approvals, 18–20, 58 Dome Polymetallic mine, 15
conferences, 24, 36, 51–2 dredging, 10, 19
fuel quality, 88 dugongs, 8, 13, 19, 22, 34
hazardous waste, 93
water efficiency, 141 E
see also workshops and presentations East Asian–Australian Flyway, 38
conservation agreements, 17, 41–2 ecological communities, 23, 24, 31–2, 70
conserving biodiversity, 27, 29–42, 70–1 permits, 33
see also threatened species and ecological recovery planning, 36
communities ecologically sustainability reporting, 57
consultation register, 26 Edgecumbe Bay Dugong Sanctuary, 8
consultative mechanisms, see advisory committees Egyptian funerary objects, 128
controlled actions, 8–10, 13–16, 58–70 electronic waste, 94
reviews of decisions, 55 elephants, 40, 56
see also approvals; assessments; referrals emergency national heritage listings, 44, 45, 78
controlled substances licences, 103, 104, 105, 107 emperor penguins, 35
conventions, see international conventions and end-use regulation, 103, 108
agreements endangered species, see threatened species
Coolabah–Blackbox Woodlands Technical enforcement, see monitoring and compliance
Workshop report, 23 engines, 129, 130, 131
cooperative conservation programmes, 40 environment protection, 2–79
copper slag, 94 Environment Protection (Sea Dumping) Act
courts, see prosecutions and litigation 1981, 10
Critical Habitat Register, 33 environmental impact statements, 58, 63, 66, 67, 77
crocodiles, 35, 40 environmental standards, fuel, 82–9
cultural heritage objects, 126–37 EPBC Act Information Officer, 25–6
Customs, see Australian Customs Service EPBC Unit, 25
Customs Tariff Amendment (Product essential uses licences, 103, 104, 105
Stewardship for Waste Oil) Act 2000, 114 ethanol, 83, 84–5, 87
eucalypts, 10, 31, 32
D Excise Tariff Amendment (Product Stewardship
Darwin Court of Summary Jurisdiction, 55 for Waste Oil) Act 2000, 114
databases, 22, 29, 122 exemptions, 10
Defence Housing Authority, 10 under section 40 (ozone depleting
Denmark, 40 substances), 104, 105, 107
Department of Agriculture, Fisheries and under section 303A, 38
Index
Forestry, 13 expenses, see finance

Department of Defence, 9, 47 Expert Examiners Register, 134
Department of Finance and Administration, 47 exports and export permits
Department of Health, 122 hazardous waste, 94–5, 97–8
Department of Industry, Tourism and Resources, movable heritage, 126–37
21, 83 ozone depleting substances, 103, 104
Department of Transport and Regional Services, 47 sustainable fishery assessments, 21–2, 35, 36, 71
diesel fuel, 82–3, 86 wildlife, 40–1, 78
product stewardship benefits, 113, 120
diesohol, 84 F
Director of Public Prosecutions referrals, 53, 86 false water rat, 8
Dirk Hartog Landing Site, 44 farming, see agriculture
display homes, labelling in, 142 Federal Chamber of Automotive Industries, 83
Federal Court of Australia, 53, 55
Federal Register of Legislative Instruments, 40
G
gazetted oil, 113, 120
fee income, see finance
Geelong Art Gallery, 129
feedstock, 105, 108
Geelong–Surfcoast area, 25, 52
feral animals, 29, 32–3, 37
Geographe Bay, 29
ferns, 40
Ginninderra peppercress, 33
ferret, 40
Gippsland, 31
Fiji, 39
Glenrowan Heritage Precinct, 44, 45
finance
glossy black-cockatoo, 20
hazardous waste fee income, 94
goats, feral, 37
movable heritage, 129, 133
grand piano, 131
ozone protection, 103, 105–7
Grass Tree Focus Group, 40
Product Stewardship for Oil Programme,
grasslands, 31–2, 33, 36
112–13, 115–23
grassy box woodlands, 31–2
Financial Management and Accountability Act
Great Barrier Reef Marine Park Authority, 13, 19, 47
1997, 129
Great Barrier Reef World Heritage Area, 8, 19
fines, 53 Magnetic Island, 12, 25, 52
fire protection industries, 108 great white shark, 39
firearms, 54, 55 Greater Blue Mountains, 12
First Government House Site, NSW, 44 greater large-eared horseshoe bat, 15
fish species, 23, 27 green turtles, 29
CITES nomination, 39 Greening Australia Seeds for Survival project, 33
migratory, 34, 37–8 grey nurse shark, 23
recovery planning, 37 guidelines, 16, 21
wildlife trade operations, 56 fuel operability standards, 83
fishing and fisheries, 21–2, 35, 36, 71 national heritage place management plans, 45
prosecutions, 55 sustainable flora harvesting, 40
threat abatement planning, 37 whale and dolphin watching, 35
Flinders Island, 40, 56 Gulmari shields, 129, 130
flora species, see native vegetation Gwydir Wetlands, 53
forests and woodland, 22, 31–2
fossils, 128, 129 H
Fowler tank steam locomotive, 131–2 halon, 103, 108
foxes, 37 Halon Bank, 103, 107
Framework Convention on Climate Change, 102, Hartog Landing Site, 44
103 Hawkless Consulting Pty Ltd, 83
Fraser Island, 12 hawksbill turtles, 29
freedom of information, 109 Hay Point Coal Terminal, 19
Index
Fremantle Prison, 44 hazardous waste, 92–9

frigate birds, 54 Hazardous Waste (Regulation of Exports and
Fuel Excise Reform, 114 Imports) Act 1989, 92, 93
fuel quality, 82–9 heritage management, 12, 28, 43–9
Fuel Quality Information Standard (Ethanol) controlled action decisions affecting, 8
Determination 2003, 83 movable, 126–37
Fuel Quality Standards Act 2000, 82, 85 prosecutions, 54–5
Fuel Quality Standards Regulations 2001, 82 statutory timeframes, 78–9
fuel sampling, 86–7 heritage strategies, 47
Fuel Standard (Biodiesel) Determination 2003, 83 Hermannsburg Historic Precinct, 44
Fuel Standards Consultative Committee, 84, 85–6 High Court appeals, 55
fumigants, 107 High Court–National Gallery Precinct, 48
147
HMVA Cerebus, 44 inventories, 29
Hobson Bay Pier steam hoisting engine, 129 investigations, see monitoring and compliance
household waste, 94 Isaac Plains Coal Project, 55
Humane Society International, 56
humpback whale, 29 J
Hunter Valley, 31, 32 JAMBA, 34
hydrobromofluorocarbons (HBFCs), 103 Japan, 34
hydrochlorofluorocarbons (HCFCs), 103, 104, World War II aircraft relics, 128
105–6, 107, 108 judicial reviews, 55
hydrofluorocarbon (HFCs), 103, 105–6, 107
K
I Kagara Pty Ltd, 15
ichthyosaur fossil, 129 Kakadu National Park, 35, 54–5
ICI Building, 44 Kangaroo Island, 20, 122
illegal activities, see prosecutions and litigation Kelly & Lew Stationery Motors, 130
imports and import permits Kelly gang objects, 130
hazardous waste, 96–7, 99 key threatening processes, 32–3, 70
lubricant oil, 112 King Island, 40, 56
movable heritage, 132; illegal, 128 koalas, 27, 40
ozone depleting substances, 103, 104, 105–6, Korea, 34
108
whale products, 36, 38 L
wildlife, 40, 41, 78 labelling, 140–2
income, see finance ethanol, 83
India, 108 land, Commonwealth, see Commonwealth
Indian Ocean South-East Asian Marine Turtle land/actions
Memorandum of Understanding, 35, 38 land clearing, 21, 53
Indigenous Advisory Committee, 13, 27–8, 75–6 Largochestes hirsutus, 34
Indigenous Australians/communities lead acid batteries, 94
biodiversity monitoring, 29
lead dross, 94
heritage sites, 46
legislation, 28
movable heritage, 129, 130
fuel quality, 82, 83, 85
waste oil management in remote
hazardous waste exports and imports, 92, 93
communities, 123
movable heritage, 126, 127, 129
industrial oils, 113, 120
national heritage place management plans, 45
industry sector guidelines, 21
oil product stewardship, 112, 114
intergovernmental cooperation, 11–13
ozone protection, 102–3, 105, 108
see also bilateral agreements
water efficiency, 140, 141
international conferences, 88, 93
world heritage property management plans, 45
Index
international conventions and agreements

hazardous waste, 92, 93 Lepidium ginninderrense, 33
migratory species, 34–5, 37–8 letters of clearance, 130
movable heritage, 126 levies
ozone protection, 102, 103, 108 oil product stewardship, 112, 114, 116–17
wildlife trade, 38, 39 ozone protection, 105–6, 107
International Fund for Animal Welfare, 56 licences, ozone depleting substances, 103, 104–7
international movement of wildlife, see wildlife life cycle assessment methodology, 107
trade liquefied natural gas project, 10
international technical assistance, 39, 108 liquefied petroleum gas (LPG), 87
internet sites, 22–3, 26, 57 listed migratory species, see migratory species
invasive species, 32–3, 37 listed species and ecological communities, see
biological control agents, 41 threatened species and ecological communities
litigation, see prosecutions and litigation methyl bromide, 103, 104, 105, 107, 108
local government, 25, 52 methyl chloroform, 103
Local Government Waste Oil Collection migratory species, 23, 34–5
Infrastructure Small Grants Programme, 122 consultation register, 26
locomotives, 131–2 controlled actions affecting, 8, 19; adverse
long-line fishing, 37 impacts addressed, 62
Lord Howe Island, 12 inventories and surveys, 29
lubricant oil, 112–23 prosecutions, 54
wildlife conservation plans, 37–8
M milkfish, 40
McLaren 8HP steam traction engine, 131
Millthorpe and District Historical Society, 129
Macquarie Island, 12
mining, 15, 55
Magnetic Island, 12, 25, 52
offshore, 10, 21
magpie geese, 35, 54
ministerial guidelines, 16
management plans
Mission Beach, 25, 52
Commonwealth heritage places, 43, 45–6
Monaro plateau, 32
national heritage places, 43
monitoring and compliance, 50–6
Ramsar wetlands, 48
biodiversity, 29
Sydney Opera House, 11, 45
fuel quality, 86–7
wildlife trade, 40, 56
hazardous waste, 94
world heritage properties, 12, 43
managing heritage and protecting significant movable heritage, 127–8
areas, see heritage management Product Stewardship for Oil Programme,
manufacturing 116, 123
ozone depleting substances, 103, 106 water efficiency, 142
marine environment, 62 see also permits
bioregional plans, 30 Montreal Protocol on Substances that Deplete
offshore mining, 10, 21 the Ozone Layer, 102, 103, 108
referrals and referral decisions, 60 motor vehicle fuel standards, 82–9
see also fishing and fisheries; Great Barrier Mount Buller, 42
Reef World Heritage Area Mount Lofty, 36
marine species, 23, 35 Mount Stromlo Observatory, 48
consultation register, 26 mountain pygmy possum, 42
inventories and surveys, 29 movable heritage, 126–37
recovery planning, 37 Murray Valley grassland, 31
see also fish species; turtles; whales Museum Victoria, 129
market research, 27, 88 Mustela putorius, 40
matters of national environmental significance,
N
Index
8–9, 21, 62
Mawson’s Huts Historic Site, 45 National Biodiversity and Climate Change Action
Mawurdjal, John, 130 Plan, 27
Mayne, John Colburn, 130 National Capital Authority, 47
Measures for a Better Environment package, 112 National Cultural Heritage Account, 129
Mees, Dr Paul, 55 National Cultural Heritage Committee, 132–4
Melbourne, 17, 23 National Cultural Heritage Control List, 126–7
Melbourne Cricket Ground, 44 national environmental significance matters, 8–9,
Melbourne Zoo, 56 21, 62
Melville Island, 29 National Farmers’ Federation, 25–6
memorandums of understanding (MOUs), 35 National Flora Management Network, 40
Memorial Parade, 44 National Framework for the Management and
Mermaid Reef Marine National Nature Reserve, 55 Monitoring of Australia’s Native Vegetation, 27
149
National Guidelines on the Sustainable Harvest of referrals and referral decisions, 60
Australian Native Flora, 40 threatened species and ecological
National Halon Bank, 103, 107 communities, 12, 31, 34, 36
National Heritage List, 43, 44–6, 78–9 traditional owner biodiversity monitoring, 29
national heritage system, see heritage water efficiency, 141
management wildlife trade management plans, 40
national heritage values, 8 not-controlled actions, 14–15, 60–2
adverse impacts addressed, 62 nuclear actions, 8, 62
National Museum of Australia, 38
National Partnership Approach for the O
Sustainable Harvest of Marine Turtles and Oceania region, 39
Dugongs, 13 offshore islands, predation by exotic rats on, 32–3
National Representative System of Marine offshore mining operations, 10, 21
Protected Areas, 30 oil recycling, 112–23
National Trust of Australia (Tasmania), 129 Oil Stewardship Advisory Council, 115, 123
National Weeds Strategy, 27 Old Parliament House, 44
native vegetation, 23, 27 olefin content of petrol, 83–4
controlled action decisions affecting, 10, 17 olive ridley turtles, 29
ecological communities, 31–2, 36 operability standards, fuel, 83
permits for listed, 33 operating expenses, see finance
recovery planning, 36 orange roughy, 27
trade, 40 Orbital Australia, 84
Natural Heritage Trust, 29, 37, 40, 43, 48, 52 ozone protection, 102–9
Natural Resource Management Ministerial Ozone Protection and SGG Account, 103, 106–7
Council, 13 Ozone Protection and Synthetic Greenhouse Gas
natural resource management regions, 22–3 (Import Levy) Act 1995, 105
New England, 31, 32 Ozone Protection and Synthetic Greenhouse Gas
New South Wales, 25 Management Act 1989, 102–3
bilateral agreement, 11 Ozone Protection and Synthetic Greenhouse Gas
fisheries assessments, 71 Management Regulations 1995, 103, 105
national heritage places, 44, 45, 46 Ozone Protection and Synthetic Greenhouse Gas
prosecutions, 53 (Manufacture Levy) Act 1995, 105
Ramsar wetlands, 48, 53
referrals and referral decisions, 60 P
threatened species and ecological Pacific region, 34, 38, 39, 53
communities, 23, 31, 32, 36–7 paintings, 129
water efficiency, 141 Papua New Guinea, 128
world heritage properties, 12 Parks Australia, 54
Index
New Zealand aircraft relics, 128 Parliament, documents tabled in, 40, 123
Newman College, 44 Part 3 monitoring and compliance activities, 51–2, 53
NFF, 25–6 Part 3 protected matters, 8
Nicholson & Co, 131 Part 13, see threatened species and ecological
Norfolk Island, 36, 60 communities
North Head, 44 Part 13A, see wildlife trade
North West Shelf, 10 Part 15, see heritage management
Northern Territory, 13 particular manner provision, 14–15
assessment bilateral agreement, 11 Pascoe ichthyosaur fossil, 129
Lee Point development, 10 penalties, 53
national heritage places, 44 penguins, 35
oil recycling, 122 People’s Republic of China, 34, 40, 128
prosecutions, 54–5 peppercress, 33
perfluorocarbon (PFCs), 103, 105–6 proposals involving Commonwealth land/actions,
permanent export permits, moveable heritage, see Commonwealth land/actions
130, 134, 135 prosecutions and litigation, 53–6
permits, 38 fuel quality DPP referrals, 86
hazardous waste, 93, 94–9 protected areas, see heritage management
marine species, 35 protecting environment and heritage, 8–28, 58–69
migratory species, 35 protecting species and ecological communities,
movable heritage, 127, 129–32, 134–7 30–8
ozone depleting substance licences, 103, 104–7 Protection of Movable Cultural Heritage Act
sea dumping, 10 1986, 126, 127
threatened species and ecological Protection of Movable Cultural Heritage
communities, 33–4 Amendment Act 1999, 129
whales and other cetaceans, 36, 70 public awareness, 22–3, 122
wildlife trade and programmes, 40–1, 78 see also publications; websites; workshops
personal accompanied baggage permits, 40 and presentations
Perth, 23
public environment reports, 58, 63, 66, 67, 77
Perth Canyon, 29
publications, 23, 72–3
pests, 32–3, 37
fuel quality, 83–4, 88
biological control agents, 41
hazardous waste exports and imports, 94
petrol, 82–5, 86
heritage strategies guides, 47
petroleum exploration and development, 8, 21
oil recycling, 122
PFCs, 103, 105–6
State of the Environment report, 57
philatelic exhibits, 130
Phytophthora, 37
whale and dolphin watching guide, 35
pianos, 129, 131
wildlife trade, 41
pigs, feral, 37
Pimelea, 17, 52 pygmy possum, 42
plains rice flower, 17
plants, see native vegetation
Q
quarantine use of methyl bromide, 108
plumbing, 142
Queensland, 13, 131–2
Pluto liquefied natural gas project, 10
assessment bilateral agreement, 11
Point Nepean Defence Sites and Quarantine
Bowen Marina proposal, 8
Station Area, 44
Commonwealth heritage places, 46
Ports Corporation of Queensland, 19
community workshops, 25–6, 52
possums, 42
fisheries assessments, 71
post referral verification, see monitoring and
compliance Hay Point Coal Terminal dreading works, 19
pre-charged equipment/equipment licences, 103, national heritage places, 44
oil recycling, 122
Index
104, 105, 107

pre-shipment use of methyl bromide, 108 Red Dome Mine proposal, 15
preliminary documentation, assessments by, 58, referrals and referral decisions, 8, 13, 15, 19, 60
63, 65–6, 67, 77 strategic regional planning projects, 24–5
presentations, see workshops and presentations threatened ecological communities, 31
Prince Regent site, 49 threatened species, 8, 15, 19, 23, 36
Product Grants and Benefits Administration Act water efficiency, 141
2000, 114 wildlife trade management plans, 40
Product Stewardship for Oil Programme, 112–23 Queensland East Coast Trawl Fishery, 35
Product Stewardship (Oil) Act 2000, 112, 114 Queensland Environmental Protection Agency, 19
Product Stewardship (Oil) (Consequential Queensland Museum, 129
Amendment) Act 2000, 114 Queensland world heritage properties, 12
Product Stewardship (Oil) Regulations 2000, 114 development projects affecting, 8, 19
151
sea snakes, 35
R sea turtles, see turtles
rabbits, 37
seabirds, see birds
rainforests, 22, 31
seals, 35, 37
Ramsar wetlands, 8, 48–9, 53, 62
section 40 exemptions (ozone depleting
rats, exotic, 32–3
substances), 104, 105, 107
re-refined base oil, 113, 120, 122
section 160 advice, 10, 64
reasons, statement of, 15, 77
section 284 report, 36–7
Recherche Bay, 44
reconsiderations of decisions, 13, 14, 15–16, 59
section 303A exemptions, 38
recovery planning, 36–7, 77
section 516A reporting, 57
recycling oil, 112–23
Red Dome Mine, 15
seed collection, 33
referrals, 13–16, 58–61, 77
seizures, 54, 94, 128
to DPP, 53, 86
seminars, see workshops and presentations
refrigeration, 103, 105, 107, 108
Shark Bay, 29
regional planning, 24–5, 52
sharks, 23, 34, 36, 37–8, 39
Register of Critical Habitat, 33
Register of Expert Examiners, 134 shields, 129, 130
registration shorebirds, migratory, 23, 34, 37
oil recyclers, 116 showers, 142
water efficiency (WELS) equipment, 141 showrooms, labelling in, 142
Regulations, see legislation Significant Impact Guidelines, 21
reporting, 57 soft tree ferns, 40
reptiles, 35, 40 Sonoma Coal Project, 55
Republic of Korea–Australia Migratory Birds South Australia, 25, 54
Agreement (ROKAMBA), 34 fisheries assessments, 71
revenue, see finance oil recycling, 122
review of decisions, 53, 55–6 Ramsar wetlands, 48
Review of the National Framework for the referrals and referral decisions, 20, 60
Management and Monitoring of Australia’s threatened species, 12, 13, 20, 23
Native Vegetation, 27 water efficiency, 141
Rhinolophus philippinensis, 15 South Australian Museum, 129
rice-flower, 17, 52 South Korea, 34
Richmond Bridge, 44, 45 Southern Bluefin Tuna Fishery, 56
Riverina bioregion, 31 southern right whale, 29
Ronisch concert grand piano, 131 species and communities, see threatened species
Royal Exhibition Building, Melbourne, 45 and ecological communities
Index
RSPCA, 56 Species Information Partnerships, 12–13

rufous hare-wallabies, 34 spiny rice-flower, 17, 52
Rutidosis leptorrhynchoides, 33 stakeholder awareness, 22–8, 122, 140–1
see also publications; websites; workshops
S and presentations
saltwater crocodiles, 35 stamps, 130
Sandy Creek Conservation Park, 10 Standards Australia, 142
sanitary wares, 142 State of the Environment reporting, 57
satellite tracking, 29 State Partnership Programme, 122
Scoresby Freeway, 55 state/territory processes, assessments made
sea dumping permits, 10 under, 11, 58, 63, 66, 68
sea lions, 37 statements of reasons, 15, 77
statutory timeframes, 77–9 nominations and advice to Minister, 30–2, 70
approvals, 18 timeframes, see statutory timeframes
assessments, 16, 77 Tiwi Island, 29
hazardous waste exports and imports, 93 toilet pans, 142
recovery planning, 37 Torres Strait, 22, 29, 123
referrals, 14, 77 Torres Strait Islanders, see Indigenous Australians/
threatened species and communities, 30–1, communities
32, 70, 78 Torres Strait Regional Authority, 13
steam traction engines, 129, 131 tourism development, 46
stranded cetaceans, 35 trade
strategic regional planning projects, 24–5, 52 hazardous waste, 92–9
Streptopelia decaocto, 40 ozone protection, 102–9
sulfur levels in fuel, 82, 83, 84 see also exports and export permits; imports
Supporting Sustainable Flora Industries, 40 and import permits; wildlife trade
sustainable fisheries assessments, 21–2, 35, 36, 71
training, 41, 51–2, 53
sustainable wildlife industries, 40
see also workshops and presentations
Sydney basin bioregion, 32
tramp ants, 37
Sydney Myer Music Bowl, 44
transit permits, hazardous waste, 97
Sydney Opera House, 11, 44, 45
Transitional Assistance Grants Programme, 114,
synthetic greenhouse gas replacements, 102–9
120–3
T transparency and public awareness, 22–8
Taronga Zoo, 56 trawling, 35
Tasmania, 25 treaties, see international conventions and
assessment bilateral agreement, 11 agreements
fisheries assessments, 71 Tree of Knowledge and curtilage, 44
Fox-free Tasmania programme, 37 tuna, 56
national heritage places, 44, 45 turtles, 23, 34, 35, 38
Ramsar wetlands, 48 controlled actions affecting, 8, 19
referrals and referral decisions, 60 satellite monitoring, 29
threatened species, 12, 13, 31 sustainable harvest, 13, 29; Torres Strait
water efficiency, 141 strategic fishery assessment, 22
wildlife trade management plans, 40
Tasmanian Conservation Trust, 25 U
Tasmanian devils, 40 Uluru–Kata Tjuta National Park, 34
taxonomy, 27 United Kingdom, 34
temporary export permits, moveable heritage, United Nations Educational, Scientific and
130, 134, 136 Cultural Organisation (UNESCO), 49
Index
terrestrial threatened species recovery plans, 36–7 moveable heritage convention, 126
Thailand, 34, 40 United Nations Environment Programme, 93
threat abatement planning, 37 United Nations Framework Convention on
threatened species and ecological communities, Climate Change, 102, 103
22–3, 26–7, 29–42, 70 United States, 84
controlled action decisions affecting, 8, 17, upright cabinet pianos, 129
19–20; adverse impacts addressed, 62 urban development, 21
not-controlled actions affecting, 15 urinals, 142
prosecutions, 53 used substances licences, 103, 104, 105
Species Information Partnerships, 12–13
statutory timeframes, 30–1, 32, 70, 78 V
Threatened Species Scientific Committee, 12–13, vegetation, see native vegetation
26–7, 74 vehicle fuel standards, 82–9
153
Victoria, 25 wetlands, 48–9
compliance incidents and referrals, 52 controlled action decisions affecting, 8;
fisheries assessments, 71 adverse impacts addressed, 62
national heritage places, 44, 45, 46 ecological communities listed, 32
oil recycling, 122 prosecution for illegal clearing, 53
Ramsar wetlands, 48 whales and other cetaceans, 26, 35–6, 70
referrals and referral decisions, 60 DPP referrals, 53
review of EPBC Act decisions, 55 exemptions under section 303A, 38
strategic regional planning projects, 24–5, 52 surveys and monitoring, 29
threatened species and ecological white gum, 31
communities, 17, 23 wildlife conservation plans, 37–8
water efficiency, 141 Wildlife Preservation Society of Queensland
Victorian Department of Sustainability and the Proserpine/Whitsunday Branch, 55
Environment, 52 Wildlife Protection Association, 56
Vienna Convention for the Protection of the wildlife trade (international movement), 38–41
Ozone Layer, 102 AAT reviews, 56
View of Geelong, 129 prosecutions, 53–4
von Guerard, Eugene, 129 statutory timeframes, 78
sustainable fishery assessments, 21–2, 35, 36, 71
W wildlife trade management plans, 40, 56
wallabies, 40, 56 wind farms, 21, 55
Wangaratta Rural City Council, 45 woodlands and forests, 22, 31–2
Warabar Island, 123 workshops and presentations, 23, 24–6, 27, 31
wardens, 54 CITES, 39
waste, 92–9, 112–23 Ramsar wetland ecological character, 49
used ozone depleting substances, 103, 104, 105 water efficiency, 140
Watarrka National Park, 34 world heritage, 12, 43
Water Efficiency Labelling and Standards Act controlled action decisions affecting, 8, 62
2005, 140 World Network of Biosphere Reserves, 49
water efficiency (WELS), 140–2 Wren Oil, 122
water rat, 8 WWF Australia, 25
websites, 22–3, 26, 57
whales, 35
Y
Year of the Sea Turtle campaign, 38
Weddell seals, 35
youth ambassador for development, 39
weeds, 27
Western Australia, 13, 25, 52 Z
assessment bilateral agreement, 11 zinc sulfate, 94
fisheries assessments, 71 zoo animals, 40, 56
Index
national heritage places, 44

North West Shelf, 10
oil recycling, 122
Prince Regent site, 49
Ramsar wetlands, 48
referrals and referral decisions, 60
strategic regional planning projects, 24–5
threatened species, 12, 23, 36
whale surveys, 29
Western Australian Department of Conservation
and Land Management, 49

Department of The Environment and Water Resources Annual Report 2005 - 2006, Part 2

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Department of The Environment and Water Resources Annual Report 2005 - 2006, Part 2

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Department of the

Environment and Heritage

LEGISLATION ANNUAL REPORTS

How to contact the department

Post: GPO Box 787, Canberra ACT 2601

Phone: 02 6274 1111

Environment protection ............................................................................................. 1

Fuel quality .................................................................................................................. 81

Hazardous waste ................................................ ....................................................... 91

Ozone protection ................................................ ..................................................... 101

Oil recycling............................................................................................................... 111

Movable heritage ..................................................................................................... 125

Water efficiency .................................................. ..................................................... 139

Index ............................................................................................................................ 143

1. Protecting environment and heritage ................................................................. 8

1.1 Matters of national environmental significance .................................................... 8

1.2 Proposals involving Commonwealth land and/or actions ............................... 9

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

2.1 Identifying and monitoring biodiversity and making bioregional plans .. 29

2 Department of the Environment and Heritage Legislation Annual Reports 2005–06

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

4. Monitoring and compliance..................................................................................... 50

Appendix 2 – EPBC Act related publications in 2005–06 ................................................ 72

Appendix 3 – Functions and membership of advisory committees under

Appendix 4 – Compliance with timeframes —section 518 report .............................. 77

4 Department of the Environment and Heritage Legislation Annual Reports 2005–06

6 Department of the Environment and Heritage Legislation Annual Reports 2005–06

1.1 Matters of national environmental significance

An important means of protecting matters of national environmental significance

8 Department of the Environment and Heritage Legislation Annual Reports 2005–06

1.2 Proposals involving Commonwealth land and/or actions

Actions by the Australian Government and actions on Commonwealth land

The development was determined to be a controlled action as this relatively large

Advice on authorising actions

10 Department of the Environment and Heritage Legislation Annual Reports 2005–06

undertakings under the convention. During 2005–06 the Australian Government

Species Information Partnerships

12 Department of the Environment and Heritage Legislation Annual Reports 2005–06

National Partnership Approach for the Sustainable Harvest of Marine

1.4 Assessment and approval process

Profile of actions referred under the EPBC Act

Meeting statutory timeframes (referrals)

Decision trends–particular manner decisions

14 Department of the Environment and Heritage Legislation Annual Reports 2005–06

The assessment of potential environmental impacts of proposed actions uses

Meeting statutory timeframes (assessments)

16 Department of the Environment and Heritage Legislation Annual Reports 2005–06

Meeting statutory timeframes (approvals)

18 Department of the Environment and Heritage Legislation Annual Reports 2005–06

Kangaroo Island was determined to be a controlled action under the EPBC

20 Department of the Environment and Heritage Legislation Annual Reports 2005–06

Offshore petroleum exploration and appraisal activities in Commonwealth

Sustainable fishery assessments

1.5 Transparency and public awareness

Increasing stakeholder and public awareness

Listed threatened species and ecological communities

22 Department of the Environment and Heritage Legislation Annual Reports 2005–06

Presentations and workshops

Case study: Enhancing community participation in listing ecological

Strategic regional planning

24 Department of the Environment and Heritage Legislation Annual Reports 2005–06

National Farmers’ Federation EPBC Act Information Officer