EPBC Act

Publications and resources

Report on the operation of the Environment Protection and Biodiversity Conservation Act 1999

Covering the period 16 July 2000 to 30 June 2001
Environment Australia, 2001
ISBN 0 6425 4770 X

Appendix 1: Statistics on the operation of the Act 16 July 2000 to 30 June 2001

Referral Screening under Part 7 of the Act

Table 1. Referrals received and Ministerial decisions made on whether an action needs approval
Decision:
Controlled action
73
Not controlled action
190 (Includes 27 PM)
Withdrawn prior to decision
2
In referral screening process - Decision not made by 30/6/01
29
Total referrals received
294
Note: Totals include six decisions reconsidered under Section 78 of the Act resulting in revocation of four controlled action decisions.
PM (Particular Manner) refers to decisions made by the Minister under Section 77(3) that an action is not a controlled action because of the particular manner in which it will be taken.

Table 2. Referrals received and Ministerial decisions made by jurisdiction
Jurisdiction
Decision
In referral screening process
Decision not made by 30/6/01
Withdrawn prior to decision
Total
referrals
received
Controlled action
Not controlled action
NSW
12
44 (4 PM)
9
0
65
VIC
11(a)
37 (8 PM)
4
1
53
QLD
23
29 (4 PM)
9
0
61
WA
10(a)
13 (2 PM)
1
0
24
SA
2
8
1
0
11
TAS
4
5
0
0
9
ACT
0
19 (1 PM)
2
0
21
NT
3
4
4
1
11
Jervis Bay Territory
0
1
0
0
1
External territories
1
1
0
0
2
Commonwealth marine area
7
29 (8 PM)
0
0
36
Foreign country/territory
0
0
0
0
0
Total
73
190 (27 PM)
29
2
294
(a) Figure includes one action withdrawn after the controlled action decision was made.
PM (Particular Manner) refers to decisions made by the Minister under Section 77(3) that an action is not a controlled action because of the particular manner in which it will be taken.

Table 3. Referrals received and Ministerial decisions made by activity category
Activity category
Decision
In referral screening process Decision not made by 30/6/01
Withdrawn prior to decision
Total referrals received
Controlled action
Not controlled action
Agriculture and forestry
4
0
0
0
4
aquaculture
3
3 (1 PM)
4
0
10
Fishing
0
0
0
0
0
Exploration (mineral, oil, gas)
5
28 (8 PM)
1
0
34
Mining
13(a)
19
4
0
36
Air/space transport
2
3 (1 PM)
0
0
5
Land transport
3
21 (5 PM)
5
0
29
Water transport
7
11 (1 PM)
1
0
19
Urban and commercial new development
6
40 (4 PM)
7
0
53
Urban and commercial
re-development
0
10 (1 PM)
1
0
11
Tourism, recreation and conservation management
6
15 (2 PM)
1
0
22
Manufacturing
9
6
0
0
15
Communication
0
5
0
1
6
Energy generation
and supply
8
10 (2 PM)
0
1
19
Waste management
2
8
2
0
12
Water management and use
5
7 (1 PM)
2
0
14
Science, research and investigations
0
0
0
0
0
Defence
0
1 (1 PM)
0
0
1
Foreign aid
0
0
0
0
0
Sale or lease of Commonwealth property
0
3
1
0
4
Total
73
190 (27 PM)
29
2
294
(a) Figure includes actions withdrawn after the controlled action decision was made.
PM (Particular Manner) refers to decisions made by the Minister under Section 77(3) that an action is not a controlled action because of the particular manner in which it will be taken.

Table 4. Number of times each controlling provision triggered
Controlling provision
Number of times triggered
Division 1 - Protecting matters of national environmental significance
Section 12 - activities with a significant impact on World Heritage values of a declared World Heritage property
15
Section 16 - activities with a significant impact on the ecological character of a declared Ramsar wetland
15
Section 18 - activities with a significant impact on a listed threatened species or ecological community
54
Section 20 - activities with a significant impact on a listed migratory species
45
Section 21 - nuclear actions with a significant impact on the environment
2
Section 23 - activities involving the Commonwealth marine environment
13
Division 2 - Protecting the environment from proposals involving the Commonwealth
Section 26 - activities involving Commonwealth land
7
Section 28 - activities undertaken by the Commonwealth or a Commonwealth agency with a significant impact on the environment
1
Total
152

Table 5. Number of controlling provisions triggered in each controlled action
Number of controlled actions that triggered:
- one controlling provision
24
- two controlling provisions
25
- three controlling provisions
18
- four controlling provisions
6
Total
73
Note: 152 controlling provisions triggered in total in 73 controlled actions.

Assessment of controlled actions

Table 6. Decisions made on assessment approach
Assessment approach
Number of decisions
Accredited assessment
7(a)
Assessment on preliminary documentation
23
Public environment report
3
Environmental impact statement
6
Inquiry
0
Total
39
(a) One of these proposals was subsequently withdrawn by the proponent.

Table 7. status of controlled actions as of 30 June 2001
Status
Number of controlled actions
Approved
8
At approval stage
5
Undergoing assessment
25
Awaiting decision on assessment approach
6
Awaiting preliminary information
25
Assessment under bilateral agreement -Tasmania
2
Withdrawn
2
Total
73

Major Commonwealth assessments active as of 30 June 2001

Environmental impact statement

Public environment report

Minister's advice under Section 160

Table 8. Advice provided under section 160
 
Referrals received
Assessment completed
Advice provided
Foreign aid (Section 160(2)(a))
1
0
0
Aviation airspace management plan (Section 160(2)(b))
0
 
0
Airport development plan (Section 160(2)(c))
2
2
2
Total
3
2
2

All referrals under Section 160 of the Act were assessed on preliminary documentation.


Conserving biodiversity

The following tables list statistics relevant to biodiversity conservation from 16 July 2000 to 30 June 2001.

Threatened species and communities

Table 9. Processing of nominations and changes to lists - threatened species and communities and key threatening processes
Listing process
Species
Ecological communities
Key threatening processes
Nominations received under previous legislation (to be considered under EPBC Act)
21
40
9
Nominations received under EPBC Act
66
16
9
Nominations for which Threatened Species Scientific Committee has provided listing advice
23
26
7
Ministerial decisions made on scientific committee advice
17
26
6
Listings as of 16/7/00
1568
23
6
Changes to lists: new listings
15
5
4
de-listings
2
1
0
Listings as of 30/6/01
1581
27
10

Whales and other cetaceans

Table 10. Cetacean permits
Sub-section
Decision made on assessment approach
Permits granted
Total applications received
Sub-section 238(3)(a) - specified actions which will
contribute significantly to the conservation of cetaceans
4
1
6
Sub-section 238(3)(b) - interference incidental to, and not the purpose of, the taking of the action
4
3
4
Sub-section 238(3)(c) - whale watching
1
0
1
Total
9
4
11

World Heritage areas

Table 11. Referrals received and Ministerial decisions made on whether an action needs approval for each World Heritage property
World Heritage property
Minister's Decision
Total referrals considered following initial screening
Controlled action
Not controlled action
Decision not made as of 30 June 2001
Great Barrier Reef
10
13 (2 PM)
5
28
Wet Tropics of Queensland
1
0
2
3
Great Barrier Reef/Wet Tropics of Queensland (affecting both)
1
0
1
2
Greater Blue Mountains Area
0
3 (2 PM)
2
5
Tasmanian Wilderness
0
3
1
4
Central Eastern Rainforest Reserves
1
2
0
3
Kakadu National Park
0
1
1
2
Uluru-Kata Tjuta National Park
1
0
2
3
Fraser Island
0
1
0
1
Shark Bay
0
1
0
1
Willandra Lakes
1
0
2
3
Total referrals
15
24 (4 PM)
16
55
PM (Particular Manner) refers to decisions made by the Minister under Section 77(3) that an action is not a controlled action because of the particular manner in which it will be taken.