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Publications archive - Annual reports

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Key departmental publications, e.g. annual reports, budget papers and program guidelines are available in our online archive.

Much of the material listed on these archived web pages has been superseded, or served a particular purpose at a particular time. It may contain references to activities or policies that have no current application. Many archived documents may link to web pages that have moved or no longer exist, or may refer to other documents that are no longer available.

Department of the Environment and Heritage Annual Report 2002-03

Department of the Environment and Heritage, 2003
ISSN 1441 9335

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

Appendix 1. Statistics on the operation of the Act 2002-03

Table 1. Overview from commencement of EPBC Act 16 July 2000 to 30 June 2003
 
2000-01
2001-02
2002-03
Total
         
REFERRALS        
Total referrals received
294
309
337
940
Referrals withdrawn or lapsed before decision
2
10
1
13
Referrals decisions made (taking account of reconsiderations)
263
308
325
896
Approval required - controlled actions
72
95
75
242
Approval not required - action to be taken in particular manner
30
17
75
122
Approval not required - no conditions on action
161
196
175
532
Being processed at 30 June
29
20
31
 
         
CONTROLLED ACTIONS        
Total controlled actions
72
95
75
242
Assessments completed
17
28
35
80
Under bilateral agreements
0
2
1
3
Preliminary documentation
17
23
21
61
Public environment report
0
0
1
1
Environmental impact statement
0
0
5
5
Public inquiry
0
0
0
0
Accredited assessment
0
3
7
10
Assessment reports completed
12
25
28
65
Approval decisions
8
26
26
60
Approved with no conditions
2
4
1
7
Approved with conditions
6
22
24
52
Approval not granted
0
0
1
1
         
Table 2. Referrals and decisions made on whether actions need approval
Referrals    
Referrals received
337
Deemed referrals
0
Referrals withdrawn or lapsed before decision
1
Referrals decisions made (initial decision, before reconsiderations)
 
  Approval required - controlled action
75
  Approval not required - action to be taken in particular manner
75
  Approval not required - not controlled action
175
 
Total
325
Referrals being processed at 1 July 2002
20
Referrals being processed at 30 June 2003
31
Reconsideration of decisions
 
Reconsiderations decisions made in 2002-03 *
 
  No change in decision *
6
  Controlled action decision to not controlled action
2
  Controlled action decision to action to be taken in particular manner *
7
  Not controlled action decision to controlled action
1
 
Total
16
Reconsiderations pending at 30 June 2003
5
     
* One reconsideration relates to decision made in 2000-01 and one in 2001-02.
     
Table 3. Referrals and decisions made by jurisdiction
 
Referrals received in 2002-03  
Decisions made in 2002-03
Approval required
Approval not required
Total
Controlled action
Particular manner
Non-controlled action
NSW
84
17*
14
45
76
VIC
66
14
19
33
66
QLD
80
22**
13
40
75
WA
26
6
4
18
28
SA
24
5*
9
11
25
TAS
10
1
7
1
9
NT
8
3
 
4
7
ACT
15
 
1
14
15
Jervis Bay Territory
0
 
 
 
 
Antarctica
3
 
2
1
3
Territories
4
3
1
1
5
Commonwealth marine areas
17
4
5
7
16
Total
337
75 
75 
175 
325
           
The counts of referrals received and of decisions made relate to events occurring in 2002-03. Decisions made may relate to referrals received in earlier years.
* Includes I withdrawn
** Includes 4 withdrawn
Table 4: Referrals and decisions made by activity category
 
Referrals received in 2002-03
Decisions made in 2002-03
Approval required
Approval not required
Total
Controlled action
Particular manner
Non-controlled action
Agriculture & forestry
13 
4
6
2
12
Air & space transport
2
2
Aquaculture
12
1
1
8
10
Communication
17
2
5
10
17
Defence
5
1
3
1
5
Energy generation & supply
35
7
11
12
30
Exploration (mineral, oil, gas)
27
3
12
14
29
Land transport
22
9*
9
5
23
Manufacturing
6
3**
1
2
6
Mining
32
17
3
11
31
Sale/lease of C'wealth property
12
0
0
11
11
Science/research/investigations
4
0
2
2
4
Tourism/recreation/conservation management
34
7*
3
25
35
Urban & commercial new development
77
15**
10
46
71
Urban & commercial re-development
3
0
1
2
3
Waste management
11
2
1
10
13
Water management & use
18
1
5
10
16
Water transport
7
2
1
4
7
Grand total
337
75 
75 
175 
325
 
* includes 2 withdrawn
** includes 1 withdrawn
Table 5. Controlling provisions triggered
Controlling provision
Number of times
Division 1 Matters of National Environmental Significance  
Section 12 World Heritage values of a World Heritage property
8
Section 16 Ecological character of a declared Ramsar wetland
7
Section 18 Listed threatened species or ecological community
61
Section 20 Listed migratory species
28
Section 21 Nuclear activities with a significant impact on the environment
0
Section 23 Commonwealth marine environment
9
Division 2 Proposals involving the Commonwealth
 
Section 26 Commonwealth land
7
Section 28 Commonwealth or Commonwealth agency activity
1
 
Total
121
     
Table 6. Frequency of controlling provisions triggered in controlled actions
Number of controlling provisions triggered in each controlled action Number of controlled actions
One
46
Two
16
Three
10
Four
2
Five
1
Total controlled actions
75
Table 7. Assessments and approvals by type of assessment
 
Assessment
approach
decisions
Assessments
completed
 
Under
assessment at
30 June 2003
Approved
Under bilateral agreement
na
1
4
0
Preliminary documentation
19
21
9
14
Public environment report
2
1
7
1
Environmental impact statement
0
5
8
4
Accredited assessment
15
8
34
6
Total
36
36
62
25
Table 8. Assessment reports and approvals
   
Number
Assessment reports
  Completed
28
  In progress at 30 June 2003
2
Approvals  
26
  Approved with no conditions
1
  Approved with conditions
24
  Approval not granted
1
 
Total decisions
26
Reports awaiting approval at 30 June 2003
4
  Incl those pending while awaiting s130 (1B) notice from state/territory
14
Table 9. Advice provided under section 160
 
Referrals received
Assessment completed
Advice provided
Foreign aid (section 160(2)(a))
1
1
1
Aviation airspace management plan (section 160(2)(b))
0
0
0
Airport development plan (section 160(2)(c))
1
0
0
TOTAL
2
1
1

Major Commonwealth assessments active as of 30 June 2003

Environmental impact statements
Public environment reports
Conserving biodiversity
Threatened species and communities

Table 10. Processing of nominations and changes to the lists of threatened species, ecological communities and key threatening processesą
 
Species
Ecological
communities
Key
 threatening
processes
New public2 nominations received under the Act
19
2
2
Nominations on which the Threatened Species Scientific Committee have provided advice to the Minister
15
4
5
Threatened Species Scientific Committee advice to the Minister delayed from 01-02
583
5
0
Ministerial decisions made on Threatened Species Scientific Committee advice
28
10
2
Number uplisted, new, delisted, rejected
3, 15, 1, 9
0, 2, 0, 8
0, 2, 0, 0
Number of amendments to the list
19
2
2
Total number of listings as of 30/6/03
1611
29
13
Number of public2 nominations where the 12-month deadline was met
Yes
9
No4
5
Yes
0
No4
3
Yes
1
No4
4
Number of amendments to the list where the Minister's 90-day deadline was met
Yes
28
No
2
Yes
10
No
1
Yes
2
No
1
1. Anomalies in the data can be attributed to the continuing assessment of nominations that occurs across financial years.
2. Excludes nominations or advices derived from information taken from action plans.
3. Includes 46 plant species from Norfolk Island and 10 species from action plans.
4. Extensions were granted on all nominations that were delayed.
Whales and other cetaceans

Table 11. Cetacean permits
Sub-section
Applications
received
Decision
made on
assessment
approach
Permits
granted
Sub-section 238(3)(a) - specified actions which will contribute significantly to the conservation of cetaceans
6
8
8
Sub-section 238(3)(b) - interference incidental to, and not the purpose of, the taking of the action
2
3
3
Sub-section 238(3)(c) - whale watching
0
0
0
Sub-section 238(3)(d) - export of a personal item
1
1
1
Sub-section 238(3)(e) - import of a personal item
0
0
0
Total
9
12
12
Commonwealth and state managed fisheries

Table 12. Assessments of Commonwealth and state managed fisheries completed in 2002-03
State/Commonwealth
Fishery
Ministerial decision date
NT Northern Territory Mud Crab Fishery   12 September 2002
NT Northern Territory Spanish Mackerel Fishery   4 February 2003
NT Northern Territory Timor Reef Fishery   13 May 2003
QLD Queensland Syngnathid Harvest from the Queensland East Coast Trawl Fishery (WTO)   10 July 2002
VIC Victorian Developmental Jellyfish Fishery (WTO)   20 March 2003
WA Western Australian Exmouth Gulf Prawn Fishery   12 March 2003
WA Western Australian Shark Bay Prawn Fishery   11 February 2003
WA Western Australian Shark Bay Scallop Fishery   11 February 2003
WA Western Rock Lobster Fishery   20 August 2002
Commonwealth Bass Strait Central Zone Scallop Fishery (WTO)   3 March 2003
NSW Estuary General Fishery   7 May 2003
NSW Ocean Hauling   7 May 2003