Annual reports

Department of the Environment, Water, Heritage and the Arts annual report 2007–08

Volume two
Department of the Environment, Water, Heritage and the Arts, 2008
ISSN 1441-9335

Legislation annual reports 2007-08 (continued)

Operation of the Environment Protection and Biodiversity Conservation Act 1999 (continued)

2. Conserving biodiversity

2.1 Identifying and monitoring biodiversity and making bioregional plans

Highlights
Inventories of listed species on Commonwealth land

Work continued during the year to improve the comprehensiveness and accuracy of inventories of species in Commonwealth reserves. Booderee National Park and Australian National University staff continued to collect data on the park’s biodiversity under an Australian Research Council linkage grant. This work covered threatened species and more broad-ranging work on identifying and monitoring the park’s biodiversity.

Cetacean research

The Australian Government provided over $600,000 for cetacean research projects in 2007–08 to improve knowledge of cetaceans in Australian waters. These projects included:

The Australian Centre for Applied Marine Mammal Science convened two workshops on distance-sampling techniques and on integrating humpback whale research. These workshops will improve the way scientists study whale populations and integrate information from researchers on the west and east coasts of Australia.

The National Marine Mammal Advisory Committee met in May 2008 to set priorities for future Australian Centre for Applied Marine Mammal Science funding.

Marine bioregional planning

Under the EPBC Act, marine bioregional plans are being established to provide a clearer focus on conservation and sustainable management of the marine environment and offer greater certainty for industry. The plans will guide the minister, sectoral managers and industry in making decisions about the key conservation issues and priorities in each marine region.

The plans will cover Australia’s 14 million square kilometre ocean jurisdiction. The plans are being implemented by region, with four currently under way.

Marine bioregional plans comprise three elements: firstly a marine profile of the region’s characteristics is drawn up; secondly a draft plan; and finally a marine bioregional plan that includes a network of marine protected areas. Completion of four marine bioregional plans is scheduled for mid-2010.

The department released a marine bioregional profile for the South-west Marine Region in October 2007 (see www.environment.gov.au/coasts/mbp/south-west/index.html).

The development of marine bioregional profiles for the North, North-west and East Marine Regions is nearing completion in accordance with agreed timeframes and they are expected to be released in early 2008–09.

2.2 Protecting species and ecological communities

Highlights
Listed threatened species and ecological communities

The February 2007 amendments to the EPBC Act established a new process for listing nationally threatened species, ecological communities and key threatening processes. The new listing process was fully implemented in 2007–08. It aims to improve the effectiveness of listing, set timeframes for assessment and focus on species and ecological communities that are in greatest need of protection.

In September 2007, following advice from the Threatened Species Scientific Committee, the minister approved the first Finalised Priority Assessment List under the new arrangements. The list detailed which nominations would be included in the assessment period commencing 1 October 2007 and their timeframe for completion. Timeframes for assessment are from one to three years. As part of the government’s commitment to meeting obligations to protect marine species, the list included four marine species: the eastern gemfish, school shark, southern bluefin tuna and green sawfish.

In 2007–08, the Threatened Species Scientific Committee finalised its assessment of 20 publicly nominated species, two committee nominated species and two threatening processes on the list. This included the green sawfish, which the minister decided to list as vulnerable. The remaining four publicly nominated species on the 2007 Finalised Priority Assessment List will be assessed by 30 September 2008, aside from the southern bluefin tuna, which will be assessed by 30 September 2009. The remaining two threatening processes on the 2007 list will be assessed by 30 September 2009. The Committee also assessed 11 species using information provided under Species Information Partnerships with state and territory governments.

Eleven assessments for potential ecological community listings were in progress during 2007–08 and most assessments will be completed in 2008–09. One assessment of an ecological community was finalised, and this led to the listing of the Natural Temperate Grassland of the Victorian Volcanic Plain. This community is in a National Biodiversity Hotspot and was formerly widespread over the basalt plain of western Victoria from Hamilton to western Melbourne. It is now very severely reduced in extent and mostly occurs as small, highly fragmented remnants. Although critically endangered itself, the remaining grassland still provides very important wildlife habitat, supporting a diversity of species such as small mammals, skinks, snakes, birds of prey and ground-dwelling birds, including many threatened species such as the spiny rice-flower, golden sun-moth, striped legless lizard and southern brown bandicoot. Listing the community will provide protection through the EPBC Act, help build awareness and allow for more targeted conservation management and recovery actions in conjunction with local land managers. Further appropriate management regimes and rehabilitation of the community could even lead in the future to the careful reintroduction of other species once prevalent in the area, such as bettongs and the eastern barred bandicoot.

In 2007–08, the department held three technical workshops for ecological communities with the aim of defining the national extent, a description and ideal state for each community (see case study).

As an example of how natural resource management programs can work alongside EPBC Act listings to conserve native vegetation, the first matter of national environmental significance to be trialled under the Australian Government’s Environmental Stewardship Program is the EPBC Act listed ecological community the White Box–Yellow Box–Blakely’s Red Gum Grassy Woodlands and Derived Native Grasslands (or Box–Gum Grassy Woodland). This community was formerly widespread along the western slopes and tablelands of the Great Dividing Range, throughout southern Queensland, western New South Wales, the Australian Capital Territory and Victoria.

Now it is critically endangered, with less than 5 per cent remaining in good condition and much of this occurring in isolated patches. The remaining patches are still being lost due to clearing, weed invasion and inappropriate grazing regimes. Despite losing approximately 95 per cent since European settlement, there are still around 400,000 hectares remaining in remnants. These remnants provide important habitat for a large number of plants and animals, including superb parrots, regent honeyeaters and squirrel gliders. In 2008, the program will invite land managers to bid for stewardship funding to manage some of the best Box-Gum Grassy Woodland remnants in the Lachlan and Murrumbidgee catchment under contracts for up to 15 years. Additional high quality patches of Box-Gum Grassy Woodland from across the community’s geographical distribution are also likely to be targeted using a separate process.

In 2007 the minister announced the conservation theme for the 2008 assessment period: ‘Rivers, wetlands and groundwater dependent species and ecosystems of inland Australia’. In November 2007, the minister invited nominations for listing of threatened species, ecological communities and key threats, particularly those that reflect this theme. Thirty-five nominations were received, including 21 species, nine ecological communities and five threats. Of these, 12 strongly met and five partially met the conservation theme.

Under the new process the minister is now required to ensure there is an approved conservation advice, as set out in the EPBC Act, for each listed species and ecological community. Each new assessment of a Finalised Priority Assessment List species or ecological community by the committee includes a conservation advice, which contains information on key threats to species or communities and actions needed to aid in the species’ or community’s recovery.

The conservation advice project aims to develop advices for already listed threatened species and ecological communities. In 2007–08 the committee considered 306 conservation advices under this project and referred them to the minister.

During 2007–08 the minister made 13 decisions based on public and other nominations, including those generated through information partnerships with state and territory governments (for more information see Species Information Partnerships under Section 1.3). These decisions resulted in 13 amendments to the lists, detailed in Table 10.

Recovery plans and threat abatement plans
Recovery plans

Under the amendments to the EPBC Act, which commenced in February 2007, the minister must decide whether to have a recovery plan for a species or ecological community within 90 days of it being listed as threatened.

The department continued to make substantial investment, in recovering threatened species and ecological communities through developing and implementing recovery plans. A total of 826 nationally threatened species and ecological communities now have recovery plans in place or in preparation; including 77 per cent of critically endangered species and 64 per cent of endangered species. The EPBC Act has now been in operation for more than eight years, and an increasing number of recovery plans are due for review. In 2007–08, 52 recovery plan reviews were completed or under way, covering 55 species and two ecological communities.

In 2007–08, 20 recovery plans covering 38 terrestrial threatened species were made or adopted under the EPBC Act. These include the first regional recovery plan for Lord Howe Island, a multi-species plan for six Queensland cycads, another covering four central Australian acacias and a plan for the Wollemi pine. Fauna species covered by national recovery plans include the southern cassowary, mahogany glider, Hastings River mouse, trout cod and Gove crow butterfly.

The department continued to test more integrated regional approaches to threatened species recovery. Regional recovery plan pilot projects that adopt a landscape approach to threatened species recovery plans, are progressing well for the Border Ranges region in New South Wales and Queensland, the Mount Lofty–Murray Darling Basin region in South Australia, the Northern Rivers region in New South Wales, and for Norfolk Island and Christmas Island.

Implementation of priority actions identified in recovery plans continued across Australia and the external territories. Projects will assist in protecting and recovering habitat through fencing and revegetation, on-ground surveys and population monitoring, captive breeding programs, weed and feral pest control, and community education.

New funding was provided to assist such species and ecological communities as the malleefowl, Carnaby’s black-cockatoo, trout cod, growling grass frog, threatened flora of Western Australia’s Esperance district, and Box–Gum Grassy Woodland in New South Wales and Victoria. Referral guidelines were developed for the western ringtailed possum and Carnaby’s and Baudin’s black-cockatoos in the Bunbury-Busselton region of south-west Western Australia.

Of the 30 marine species listed as threatened, 25 (83 per cent) have recovery plans in operation.

The Recovery Plan for Marine Turtles in Australia is being reviewed. Five projects were funded for a total of $280,000 to implement recovery actions for marine turtles. The projects were:

Recovery plans are in preparation for the Australian sea lion, and a multiple species plan incorporating the freshwater sawfish, green sawfish, speartooth shark and northern river shark.

Six projects were funded, for a total of $435,000, focusing on recovery actions for threatened shark and seal species. The projects were:

There are five threatened whale species for which recovery plans are currently in place (effective 2005–2010): blue, southern right, humpback, fin and sei whales.

The minister made a decision on 21 May 2008 to have a recovery plan for albatrosses and giant-petrels. The previous recovery plan for these species, made in 2001, lapsed on 30 September 2006. The plan will be developed in 2008–09 in consultation with the states and territories in which the species occur. The draft plan will be made available for public comment.

Threat abatement plans

For terrestrial species, nine threat abatement plans are in place to identify research, management and other actions needed to ensure the long-term survival of native species and ecological communities affected by key threats. In 2007–08:

For marine and migratory species, one threat abatement plan is currently in place – for the incidental catch (or by-catch) of seabirds during oceanic longline fishing operations – and a draft Threat Abatement Plan for Harmful Marine Debris was released for public comment.

Wildlife conservation plans

The Wildlife Conservation Plan for 36 species of migratory shorebirds is now in its third year of implementation. The Australian Government supported a number of actions this year and the plan continues to provide strategic direction for stakeholders who also contribute to the plan’s implementation.

A wildlife conservation plan for dugongs is being developed. The plan will build on existing dugong protection measures and will assist in the coordination of local, state, national and international conservation and management activities.

Permits
Cetacean research permits

The department received six applications for cetacean research permits and issued six permits. All applications were posted on the web and public comments sought as required under the EPBC Act. No negative comments were received for any application. Two permit condition variations were issued after requests from applicants (see Table 13).

Activities authorised under the permits included scientific research, and approaching cetaceans for documentary filming and photography. The species studied included blue, southern right, humpback and sperm whales, as well as Indo-Pacific humpback dolphins, bottlenose and snub-fin dolphins and other small coastal cetacean species.

Following the February 2007 amendments to the EPBC Act, permit applications to interfere with a cetacean are now treated in the same manner as permit applications for threatened, migratory and marine species. That is, they are no longer treated as if they were a referral. Public notification procedures were also changed at the same time.

Under the EPBC Regulations, researchers are required to apply for a specific permit to collect biological material from native species found in Commonwealth areas. Most cetacean permit applications involve collecting biological samples from cetaceans, and processes to streamline the two permit requirements are currently being assessed.

Australian Antarctic Division permits

The latest amendments to the EPBC Act provide exemptions for certain actions for which permits under the Antarctic Treaty (Environment Protection) Act 1980 (ATEP Act) have been issued. The EPBC Act, amongst other exceptions, states that where an action is taken in accordance with a permit issued under the Antarctic Treaty Act and the permit is in force, certain actions involving listed threatened species and ecological communities, migratory species and listed marine species, are not offences. These include actions for which ATEP Act permits have been issued for killing or injuring, taking or trading a member of a listed threatened species or community, a listed migratory species or listed marine species.

Where a permit is held under the ATEP Act, a permit under Part 13 of the EPBC Act is not required. However, approval under Part 9 of the EPBC Act may still be needed for the purposes of provisions in Part 3, if the action is likely to have a significant impact on a matter protected by those provisions. No matters were referred by the Australian Antarctic Division under the EPBC Act in 2007–08.

Commonwealth reserve permits and approvals

The department issued permits or approvals for research in Commonwealth reserves including the following:

Another permit was to enable Pulu Keeling National Park staff to care for an orphaned red-footed booby. No conditions were varied or revoked and no permits suspended or cancelled. A permit application for research into sea sponges as a biological resource is under consideration.

2.3 International movement of wildlife

Highlights

The EPBC Act regulates the export of Australia’s native wildlife and the import of live animals and plants. The Act also regulates the movement of species internationally recognised as threatened by trade, 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 supports sustainable commercial activity by:

Sustainable wildlife industries

Appendix I of CITES lists species threatened with extinction; Appendix II lists species that may be threatened with extinction unless trade in them is strictly controlled. Appendix III lists species that a CITES party identifies as being subject to regulation within its jurisdiction to prevent or restrict exploitation and that require the cooperation of other countries in the control of trade.

The EPBC Act was amended to reflect the updates of CITES Appendices I and II species agreed by the CITES fourteenth conference of the parties held in June 2007. The minister tabled a National Interest Analysis of these amendments in Parliament in February 2008. These amendments include the listing of all species of sawfish (family: Pristidae) in Appendix I, with the exception of Pristis microdon which was included in Appendix II for the exclusive purpose of allowing international trade in live animals to appropriate and acceptable aquaria for primarily conservation purposes; amendment of the annotation for the Appendix II listing of the African elephant to allow a one-off sale of government-owned ivory stocks to countries deemed to have sufficient trade controls; the removal of three genera of cactus from Appendix II; and the inclusion of two species of gazelle in Appendix I. Two legislative instruments updating Appendix III listings of CITES species were also gazetted.

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. This year five wildlife trade management plans were approved (for kangaroos in Queensland, South Australia and Western Australia, for flora in Western Australia and for tree ferns in Tasmania).

All wildlife trade management plans for kangaroos and wallabies require shooters to comply with a code of practise. A working group of the Natural Resource Management Ministerial Council, chaired by Western Australia, developed a revised draft National Code of Practice for the Humane Shooting of Kangaroos and Wallabies and invited public comment. It is expected to be finalised in 2008–09. Once finalised this will be the revised code.

Exotic species regulation

The department received seven applications to amend the live import list. During 2007–08 the minister decided to make 19 amendments to the list and refused to make a further six.

Wildlife trade permits and programs

In response to feedback from wildlife industry operators, the department has introduced measures to lower the costs and administrative burden associated with complying with international wildlife trade regulation. The department issues multiple consignment permits that allow business operators to make a number of shipments under the one permit. These permits are valid for a limited period of time and are subject to strict conditions. This has significantly reduced the number of permits issued to industry.

Control measures are in place to ensure trade is being undertaken at levels that are not detrimental to the survival of species in the wild, including the introduction of a permit review program. Under this program, the department monitors permit holder compliance with conditions that apply to international wildlife trade permits.

In 2007–08, the department issued 2,383 wildlife trade permits and 28,543 personal accompanied baggage permits.

The department issued 206 non-commercial wildlife trade permits to zoological institutions and scientific researchers. Two cooperative conservation programs (breeding programs that are operated with the intention of conserving a species) for CITES Appendix I listed species were developed (for chimpanzees) or reviewed (ring-tailed lemur).

The department enters into Ambassador Agreements with Australian and overseas institutions for the export of native species including koalas, wombats and EPBC Act listed threatened species. These agreements require the receiving institution to comply with specific conditions on husbandry requirements, health and transfer of an animal and its progeny. Agreements entered into in 2007–08 include wombat exports to Japan and the USA, Tasmanian devils to the USA, Lord Howe Island stick insects to the USA and sawfish to the USA and France.

The department finalised conditions for the overseas transfer of wombats and Tasmanian devils. These conditions aim to ensure the welfare these animals and to maximise the chances of establishing viable populations in captivity. The department continued to work closely with the Australasian Regional Association of Zoological Parks and Aquaria to finalise new assessment arrangements for cooperative conservation programs.

The following wildlife programs were approved in 2007–08:

Wildlife trade permit reviews

The department has implemented a program of objective international wildlife trade permit reviews to assess permit holders’ compliance with permit conditions. Under the review program, the department gathers information to determine the level of compliance with conditions set; communicates findings to the permit holder; and recommends appropriate remedial action where necessary.

Permit reviews will be conducted across industry sectors where international wildlife trade occurs. These include traditional medicines, food, cut flowers, clothing, timber, animal hides and hunting trophies.

The department seeks to work cooperatively with its clients to achieve satisfactory levels of compliance. Reviews may take the form of a desktop review of records available to the department or an on-site visit by departmental staff, with the permit holder’s consent, to the permit holder’s place of business.

Permit holders selected for review are contacted by departmental staff. They are advised that their permit has been selected for review, and the selected method of review. After the review, the permit holder is invited to respond to preliminary review findings. Permit holders also receive a final written report, which may refer to identified strengths or areas where compliance may need to be improved.

Where non-compliance is identified, the department will recommend appropriate remedial action in accordance with its compliance and enforcement policy. This may include:

The permit review program is expected to benefit:

Education and awareness activities

The department continued to cooperate with the Australian Customs Service in regulating international wildlife trade, under an established memorandum of understanding. Approximately 250 Customs recruits and in-service staff attended training sessions delivered by departmental staff throughout the country. The Australian Customs Service has now added the wildlife session to its trainee curriculum, ensuring that all staff are trained in future.

Information sessions were delivered to approximately 100 Australian Quarantine and Inspection Service staff.

Other education activities included:

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. Since the EPBC Act came into force in 2000, 11 conservation agreements have been entered into to protect matters of national environmental significance.

The VicRoads Hume Freeway/Donnybrook Interchange project, north of Melbourne, was approved before the EPBC Act commenced. Subsequent surveys found an important population of growling grass frogs would be potentially affected. While approval under the EPBC Act is not required, the department has been working with VicRoads to ensure protection of this population of frogs. VicRoads signed a conservation agreement with the department on 30 June 2008 to implement an agreed management plan for the frog. The management plan includes incorporation of ‘frog friendly’ tunnels into the interchange design, habitat enhancement and intensive monitoring.

A conservation agreement was entered into in late June 2007 between the Commonwealth and Galaway Holdings Pty Ltd for the protection and conservation of certain listed threatened species under the EPBC Act.

In this section

Contents

Key

   Links to another web site
   Opens a pop-up window