Department of the Environment and Energy

Department of the Environment and Energy Annual Report 2016–17

Appendices

www.environment.gov.au/annual-report-2016-17

2 Appendix 1: Statement of certification with PGPA Rule section 10 (Fraud systems)

3 4 Appendix 2: Entity Resource Statement 2016–17 Actual Payments Balance available made remaining appropriation 2016–17 2016–17 for 2016–17 $’000 $’000 $’000 (a) (b) (a)-(b) Ordinary Annual Services1 Departmental appropriation Departmental appropriation2 511,268 455,236 56,033 Payments to the Director of the National Parks3 42,829 42,829 - Total 554,097 498,065 56,033 Administered expenses Outcome 1—Clean Land 445,473 415,953 Outcome 2—Clean Air 5608 5479 Outcome 4—Clean Water 3251 2796 Outcome 5—Energy 6312 2754 Total 460,644 426,982 Total ordinary annual services A 1,014,741 925,047

Other services4 Departmental non-operating4 Equity injections 155,157 84,321 70,836 Total 155,157 84,321 70,836 Administered non-operating4 Administered assets and liabilities 76,750 - 76,750 Total 76,750 - Total other services B 231,907 84,321

Total Available Annual Appropriations and 1,246,648 1,009,368 payments

Special appropriations Special appropriations limited by criteria/entitlement Public Governance, Performance and 53 Accountability Act 2013—s77

Special appropriations limited by amount Clean Energy Finance Corporation Act 2012—s46 2,000,000 Australian Renewable Energy Agency Act 2011— 190,883 s66

5 Actual Payments Balance available made remaining appropriation 2016–17 2016–17 for 2016–17 $’000 $’000 $’000 Total special appropriations C 2,190,936

Special accounts5 Opening balance 5,471,745 Appropriation receipts5 2,263,860 Non-appropriation receipts to special accounts 20,893 Restructuring transfers in 14,664 Payments made 1,298,651 Total special account D 7,771,162 1,298,651 6,472,511

Total resourcing and payments (A+B+C+D) 9,017,810 4,498,955 Less appropriations drawn from annual or special (2,263,860) appropriations above and credited to special accounts and payments to corporate entities through annual (42,829) appropriations Total net resourcing and payments for 6,711,121 4,498,955 Department of the Environment and Energy 1. Appropriation Acts (Nos 1, 3 and 5) 2016–17, prior year departmental appropriation and section 74 relevant agency receipts. 2. Includes an amount of $24.937 million in 2016–17 for the Departmental Capital Budget. For accounting purposes this amount has been designated as ‘contributions by owners’. 3. As per the Environment Protection and Biodiversity Conservation Act 1999 section 514S, the Department is directly appropriated the Director of National Parks (DNP) appropriations, which are then allocated to the DNP by the Secretary. 4. Appropriation Acts (Nos 1, 3 and 5) 2016–17. 5. Does not include ‘Special Public Money’ held in the Services for Other Entities and Trust Moneys special accounts, as it does not constitute funds available to the Department for operations.

6 Appendix 3: Expenses for outcomes Expenses for Outcome 1 Outcome 1: Conserve, protect and sustainably manage Budget* Actual Variation Australia’s biodiversity, ecosystems, environment and heritage 2016–17 expenses 2016–17 through research, information management, supporting natural $’000 2016–17 $’000 resource management, establishing and managing $’000 Commonwealth protected areas, and reducing and regulating the use of pollutants and hazardous substances. (a) (b) (a)-(b) Program 1.1: Sustainable Management of Natural Resources and the Environment Administered expenses Ordinary annual services (Appropriation Acts No. 1 and No. 3) 88,310 84,406 3904 Special accounts1 271,247 259,490 11,757 Expenses not requiring appropriation in the Budget year - 110 (110) Departmental expenses Departmental appropriation2 38,695 29,221 9474 Payments to corporate entities 42,829 42,829 - Expenses not requiring appropriation in the Budget year 7737 2342 5395 Total for Program 1.1 448,818 418,398 30,420

Program 1.2: Environmental Information and Research Administered expenses Ordinary annual services (Appropriation Act No. 1) 27,550 27,532 18 Departmental expenses Departmental appropriation2 7567 8524 (957) Expenses not requiring appropriation in the Budget year 22 190 (168) Total for Program 1.2 35,139 36,246 (1107)

Program 1.3: Land Sector Initiatives Administered expenses Ordinary annual services (Appropriation Act No. 1) 42,423 42,407 16 Departmental expenses Departmental appropriation2 5213 2354 2859 Expenses not requiring appropriation in the Budget year 10 97 (87) Total for Program 1.3 47,646 44,858 2788

Program 1.4: Conservation of Australia’s Heritage and Environment Administered expenses Ordinary annual services (Appropriation Act No. 1) 7216 7115 101 Expenses not requiring appropriation in the Budget year - 18 (18)

7 Expenses for Outcome 1 Outcome 1: Conserve, protect and sustainably manage Budget* Actual Variation Australia’s biodiversity, ecosystems, environment and heritage 2016–17 expenses 2016–17 through research, information management, supporting natural $’000 2016–17 $’000 resource management, establishing and managing $’000 Commonwealth protected areas, and reducing and regulating the use of pollutants and hazardous substances. Departmental expenses Departmental appropriation2 29,373 31,006 (1633) Expenses not requiring appropriation in the Budget year 2491 1369 1122 Total for Program 1.4 39,080 39,508 (428)

Program 1.5: Environmental Regulation Administered expenses Ordinary annual services (Appropriation Act No. 1) 259 - 259 Expenses not requiring appropriation in the Budget year - 66 (66) Departmental expenses Departmental appropriation2 49,142 53,118 (3976) Expenses not requiring appropriation in the Budget year 944 1824 (880) Total for Program 1.5 50,345 55,008 (4663)

Program 1.6: Management of Hazardous Wastes, Substances and Pollutants Administered expenses Ordinary annual services (Appropriation Act No. 1) 145 145 - Special appropriations - - - Special accounts 13,505 13,079 426 Expenses not requiring appropriation in the Budget year - 3 (3) Departmental expenses Departmental appropriation2 45,339 41,765 3574 Expenses not requiring appropriation in the Budget year 567 735 (168) Total for Program 1.6 59,556 55,727 3829

Outcome 1 Totals by appropriation type Administered expenses Ordinary annual services (Appropriation Act No. 1) 165,903 161,605 4298 Special appropriations - - - Special accounts1 284,752 272,569 12,183 Expenses not requiring appropriation in the Budget year - 197 (197) Departmental expenses Departmental appropriation2 175,329 165,988 9341 Payments to corporate entities 42,829 42,829 - Expenses not requiring appropriation in the Budget year 11,771 6557 5214 Total expenses for Outcome 1 680,584 649,745 30,839 8 Expenses for Outcome 1 Outcome 1: Conserve, protect and sustainably manage Budget* Actual Variation Australia’s biodiversity, ecosystems, environment and heritage 2016–17 expenses 2016–17 through research, information management, supporting natural $’000 2016–17 $’000 resource management, establishing and managing $’000 Commonwealth protected areas, and reducing and regulating the use of pollutants and hazardous substances.

2015–16 2016–17 Average Staffing Level (number) 1028 946 * Full year budget, including any subsequent adjustment made to the 2016–17 Budget at Additional Estimates. 1. The variance primarily reflects changes to the National Landcare Program and offset delays under the Reef Trust. 2. Departmental appropriation combines ordinary annual services (Appropriation Acts Nos 1, 3 and 5) and retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013.

Expenses for Outcome 2 Outcome 2: Reduce Australia’s greenhouse gas emissions, Budget* Actual Variation adapt to the impacts of climate change, contribute to effective 2016–17 expenses 2016–17 global action on climate change, and support technological $’000 2016–17 $’000 innovation in clean and renewable energy, through developing $’000 and implementing a national response to climate change. (a) (b) (a)-(b) Program 2.1: Reducing Australia’s Greenhouse Gas Emissions Administered expenses Ordinary annual services (Appropriation Act No. 1) 2878 2787 91 Departmental expenses - Departmental appropriation1 40,294 43,131 (2837) Expenses not requiring appropriation in the Budget year 8943 4470 4473 Total for Program 2.1 52,115 50,388 1727

Program 2.2: Adapting to Climate Change Administered expenses Ordinary annual services (Appropriation Act No. 1) 2730 2730 Departmental expenses Departmental appropriation1 2377 1368 1009 Expenses not requiring appropriation in the Budget year 5 47 (42) Total for Program 2.2 5112 4145 967

Program 2.3: Renewable Energy Technology Development Administered expenses Payments to corporate entities2 299,414 192,104 107,310 Departmental expenses Departmental appropriation1 7193 7344 (151) Total for Program 2.3 306,607 199,448 107,159

9 Expenses for Outcome 2 Outcome 2: Reduce Australia’s greenhouse gas emissions, Budget* Actual Variation adapt to the impacts of climate change, contribute to effective 2016–17 expenses 2016–17 global action on climate change, and support technological $’000 2016–17 $’000 innovation in clean and renewable energy, through developing $’000 and implementing a national response to climate change.

Outcome 2 Totals by appropriation type Administered expenses Ordinary annual services (Appropriation Act No. 1) 5608 5517 91 Payments to corporate entities2 299,414 192,104 107,310 Departmental expenses Departmental appropriation1 49,864 51,843 (1979) Expenses not requiring appropriation in the Budget year 8948 4517 4431 Total expenses for Outcome 2 363,834 253,981 109,853

2015–16 2016–17 Average Staffing Level (number) 245 278 * Full year budget, including any subsequent adjustment made to the 2016–17 Budget at Additional Estimates. 1. Departmental Appropriation combines ordinary annual services (Appropriation Acts Nos 1, 3 and 5) and retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013. 2. The variance relates to the nature of ARENA’s projects. Due to the complex nature of projects, which deal with emerging and developing technologies, there are regular project variations. The actual events on an annual basis will sometimes be significantly different to the budget projections.

Expenses for Outcome 3 Outcome 3: Advance Australia’s strategic, scientific, Budget* Actual Variation environmental and economic interests in the Antarctic region 2016–17 expenses 2016–17 by protecting, administering and researching the region. $’000 2016–17 $’000 $’000 (a) (b) (a)-(b) Program 3.1: Antarctica: Science, Policy and Presence Administered expenses Expenses not requiring appropriation in the Budget year 12 12 - Departmental expenses Departmental appropriation1 125,306 126,499 (1193) Expenses not requiring appropriation in the Budget year2 53,972 45,414 8558 Total for Program 3.1 179,290 171,925 7365

Outcome 3 Totals by appropriation type Administered expenses Expenses not requiring appropriation in the Budget year 12 12 - Departmental expenses Departmental appropriation1 125,306 126,499 (1193) Expenses not requiring appropriation in the Budget year2 53,972 45,414 8558 Total expenses for Outcome 3 179,290 171,925 7365

10 Expenses for Outcome 3 Outcome 3: Advance Australia’s strategic, scientific, Budget* Actual Variation environmental and economic interests in the Antarctic region 2016–17 expenses 2016–17 by protecting, administering and researching the region. $’000 2016–17 $’000 $’000 2015–16 2016–17 Average Staffing Level (number) 374 387 * Full year budget, including any subsequent adjustment made to the 2016–17 Budget at Additional Estimates. 1. Departmental Appropriation combines ordinary annual services (Appropriation Acts Nos 1, 3 and 5) and retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013. 2. The variance is due to a decrease in the Department’s make-good provisions following a review of the Antarctic base restitution liability.

Expenses for Outcome 4 Outcome 4: Improve the health of freshwater ecosystems Budget* Actual Variation (rivers, wetlands, flood plains) through research, education and 2016–17 expenses 2016–17 environmental watering and strengthen the water resources $’000 2016–17 $’000 knowledge base. $’000 (a) (b) (a)-(b) Program 4.1: Water Science and Wetlands Administered expenses Ordinary annual services (Appropriation Act No. 1) 3110 2656 454 Special accounts - - - Expenses not requiring appropriation in the Budget year - - - Departmental expenses Departmental appropriation1 13,944 13,557 387 Expenses not requiring appropriation in the Budget year 29 230 (201) Total for Program 4.1 17,083 16,443 640

Program 4.2: Commonwealth Environmental Water Administered expenses Special accounts2 32,607 24,770 7837 Expenses not requiring appropriation in the Budget year - 658 (658) Departmental expenses Departmental appropriation1 13,530 13,716 (186) Expenses not requiring appropriation in the Budget year 33 276 (243) Total for Program 4.2 46,170 39,420 6750

Outcome 4 Totals by appropriation type Administered expenses Ordinary annual services (Appropriation Act No. 1) 3110 2656 454 Special accounts 32,607 24,770 7837 Expenses not requiring appropriation in the Budget year2 - 658 (658) Departmental expenses

11 Expenses for Outcome 4 Outcome 4: Improve the health of freshwater ecosystems Budget* Actual Variation (rivers, wetlands, flood plains) through research, education and 2016–17 expenses 2016–17 environmental watering and strengthen the water resources $’000 2016–17 $’000 knowledge base. $’000 Departmental appropriation1 27,474 27,273 201 Expenses not requiring appropriation in the Budget year 62 506 (444) Total expenses for Outcome 4 63,253 55,863 7390

2015–16 2016–17 Average Staffing Level (number) 171 143

* Full year budget, including any subsequent adjustment made to the 2016–17 Budget at Additional Estimates. 1. Departmental Appropriation combines ordinary annual services (Appropriation Acts Nos 1, 3 and 5) and retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013. 2. The variance is primarily due to the planned acquisition of water allocations which did not eventuate due to environmental conditions and market opportunities.

Expenses for Outcome 5 Outcome 5: Support the reliable, sustainable and secure Budget* Actual Variation operations of energy markets through improving Australia’s 2016–17 expenses 2016–17 energy efficiency, performance and productivity for the $’000 2016–17 $’000 community. $’000 (a) (b) (a)-(b) Program 5.1: Energy1 Administered expenses Ordinary annual services (Appropriation Acts No. 1 and No. 3) 6312 3324 2988 Departmental expenses Departmental appropriation2 26,348 37,650 (11,302) Special accounts 10,238 4402 5836 Expenses not requiring appropriation in the Budget year 50 626 (576) Total for Program 5.1 42,948 46,002 (3054)

Outcome 5 Totals by appropriation type Administered expenses Ordinary annual services (Appropriation Acts No. 1 and No. 3) 6312 3324 2988 Departmental expenses Departmental appropriation2 26,348 37,650 (11,302) Special accounts 10,238 4402 5836 Expenses not requiring appropriation in the Budget year 50 626 (576) Total expenses for Outcome 5 42,948 46,002 (3054)

2015–16 2016–17 Average Staffing Level (number) - 198 * Full year budget, including any subsequent adjustment made to the 2016–17 Budget at Additional Estimates. 1. The responsibility for Energy functions transferred from the Department of Industry, Innovation and Science as a result of the Administrative Arrangements Orders dated 19 July 2016 and 1 September 2016. 12 2. Departmental Appropriation combines ordinary annual services (Appropriation Acts Nos 1, 3 and 5) and retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013.

13 Appendix 4: Operation of the Environment Protection and Biodiversity Conservation Act 1999 Section 516 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires the Minister to prepare an annual report on the operation of the EPBC Act and for the Minister to lay a copy of this report before the Parliament. This section meets this reporting requirement for 2016–17.

Operation

Environmental referrals, assessments and approvals

Matters of national environmental significance and other nationally protected matters The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places—defined in the Act as matters of national environmental significance. There are nine matters of national environmental significance. Under the EPBC Act, actions that are likely to have a significant impact on a nationally protected matter require assessment and approval from the Minister (or their delegate). When an action is referred for consideration under the EPBC Act, the Department considers whether the action is likely to have a significant impact on a nationally protected matter based on the information the proponent provides in their referral documentation. The Minister (or their delegate) will then decide within 20 business days whether the action requires further assessment and approval under the EPBC Act—this is the ‘referral decision’. The Department publishes all referrals, and other relevant statutory documents associated with a proposed action on its website. www.environment.gov.au/epbc/public-notices Further information on EPBC Act referrals, approvals, assessments and matters of national environmental significance is provided in Tables 4A.1–4A.5 in Appendix 4A to this report.

Actions by the Australian Government and actions on Commonwealth land The EPBC Act regulates actions that have a significant impact on the environment where the actions affect, or are taken, on Commonwealth land or that are carried out by an Australian Government agency, including the disposal of Commonwealth land. In 2016–17, the Minister determined that five actions relating to Commonwealth land were controlled actions and that one was not a controlled action provided it is done in a particular manner. We received five requests for advice from the Department of Infrastructure and Regional Development and Airservices Australia in relation to proposals involving Commonwealth airports. The Minister’s delegate determined that advice was not required for three of the proposals and that advice was required for two proposals. In one case we provided the advice; in the other case the provision of advice is pending, subject to internal processes.

Strategic assessments Strategic assessments under Part 10 of the EPBC Act can deliver greater economic certainty, regulatory efficiencies for business and improved ecological outcomes compared with project-by- project approvals. Actions covered by a strategic assessment approval and taken in accordance with the endorsed plan do not require any further assessment or approval from the Commonwealth.

14 See Part 2, Annual performance statements, ‘Regulating to protect our environment and heritage’, page 55.

Antarctic Treaty environment protection The EPBC Act exempts certain actions from requiring permits if a permit for that action has been issued under the Antarctic Treaty (Environment Protection) Act 1980 (ATEP Act). The EPBC Act states that, where an action is taken in accordance with a permit issued under the ATEP 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. Two of the permits that the Department issued under the ATEP Act in 2016–17 granted such exemptions.

Access to biological resources and benefit sharing Part 8A of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) controls access to biological resources in Commonwealth areas for the purposes of research on and development of genetic resources and biochemical compounds. Under Part 8A of the EPBC Regulations, the Department issued 44 permits for access to biological resources in Commonwealth areas in 2016–17.

Cetacean permits In the Australian Whale Sanctuary (all Commonwealth waters from the three nautical mile state waters limit out to the boundary of Australia’s Exclusive Economic Zone), a permit under the EPBC Act is required to take, keep, move or interfere with (harass, chase, herd, tag, mark or brand) a cetacean or to possess or treat (divide or cut up, or extract any product from) a cetacean. Australian residents must also obtain a permit to carry out such activities in waters beyond the sanctuary—that is, in international or foreign waters. In 2016–17, Australia granted eight cetacean permits and varied the conditions of three existing cetacean permits (see Table 4A.6 in Appendix 4A). www.environment.gov.au/marine/marine-species/cetaceans/australian-whale-sanctuary

Protection of species and ecological communities

Species and ecological community listing assessment outcomes The Minister may list threatened fauna and flora in six categories defined by the EPBC Act: extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation-dependent. Species listed as extinct in the wild, critically endangered, endangered or vulnerable are matters of national environmental significance. The Threatened Species Scientific Committee advises the Minister on these listings. In 2016–17, the Minister made listing decisions on assessments for 26 species. There were 14 new species listings, nine transfers to different threat categories and three species retained in the same category. The listings are detailed in Tables 4A.7 and 4A.8 in Appendix 4A. At the time of listing, information was published in approved conservation advices on the status and distribution of each species, the main factors that led to its eligibility for listing and priority conservation actions. Ecological communities can be listed as critically endangered, endangered or vulnerable. Those listed as critically endangered and endangered are matters of national environmental significance. Listing ecological communities helps to protect vital species habitat and ecosystem functions. The Minister made listing decisions on the assessments for two ecological communities, both of which were new listings: Banksia woodlands of the Swan Coastal Plain (endangered) Illawarra and South Coast lowland forest and woodland (critically endangered).

15 Approved conservation advices were published at the time of listing both of these, including details that allow land managers and decision makers to clearly identify the ecological communities, avoid significant impacts and guide management and recovery efforts. The listings are detailed in Tables 4A.7 and 4A.8 in Appendix 4A.

Conservation advices and recovery plans The EPBC Act provides for making or adopting recovery plans and approved conservation advices for listed threatened species and ecological communities. Approved conservation advices provide guidance on recovery and threat abatement activities, including research priorities to ensure the conservation of newly listed species or ecological communities. The Minister or his delegate approved 159 new or revised conservation advices for species and two new conservation advices for ecological communities. The Department prepared and published on our website conservation advices for all new listings and for species and ecological communities that have been transferred between categories. Recovery plans set out the research and management actions needed to stop the decline and support the recovery of listed threatened species or threatened ecological communities. The Minister approved two recovery plans covering seven species (see Tables 4A.9 and 4A.10 in Appendix 4A). We published guidelines that provide information to help with regulatory decision-making about listed species and guides to help land managers, environment professionals and the general public to identify, assess and manage ecological communities. These publications are listed in Appendix 4B and are available on the Species Profile and Threats database. www.environment.gov.au/cgi-bin/sprat/public/sprat.pl

Wildlife conservation plans Wildlife conservation plans set out the research and management actions necessary to support survival of one or more migratory, marine, conservation-dependent or cetacean species listed under the EPBC Act that, while not considered threatened, would benefit from a nationally coordinated approach to conservation. No wildlife conservation plans were made in 2016–17.

Key threatening processes and threat abatement plans The EPBC Act provides for the listing of key threatening processes. A threatening process is one that threatens or may threaten the survival, abundance or evolutionary development of a native species or ecological community (Table 4A.11 in Appendix 4A details all listed threatening processes). The Threatened Species Scientific Committee advises the Minister on the listing of key threatening processes and on whether a threat abatement plan or other action is needed to abate these processes. The Minister made threat abatement plans for: infection of amphibians with chytrid fungus resulting in chytridiomycosis in August 2016 competition and land degradation by rabbits in December 2016 predation, habitat degradation, competition and disease transmission by feral pigs in February 2017. The Department released three draft plans for public comment: Draft Threat Abatement Plan for the Impacts of Marine Debris on Vertebrate Marine Species Draft Threat Abatement Plan for the Incidental Catch (Or Bycatch) of Seabirds During Oceanic Longline Fishing Operations Draft Threat Abatement Plan for Disease in Natural Ecosystems Caused by Phytophthora cinnamomi. Threat abatement plans are published on our website.

16 www.environment.gov.au/biodiversity/threatened/threat-abatement-plans

International wildlife trade and management Trade in Australian native species and species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is regulated in accordance with Part 13A of the EPBC Act. Under the EPBC Act, the Department can grant approvals to export specimens derived from regulated native species or species listed under CITES or to import regulated live animals. In 2016–17, the Department approved: nine artificial propagation programs, including for orchids three aquaculture programs, including for lungfish one wildlife trade management plan (for kangaroos) no captive breeding programs five wildlife trade operations (non-fisheries), including for kangaroos and insects. We completed 45 assessments for transfers of a wide range of live animals (including a giraffe, oriental small clawed otters and koalas) for exhibition in zoos and aquaria. Of these, at least 30 required assessments of the facilities to ensure they were suitable to house the animals.

Import of wildlife products Permits are required for most types of wildlife trade into and out of Australia. Where products from CITES-listed species are imported into Australia without the required permits, the products may be seized (see Table 4A.12 in Appendix 4A). The most common items seized were traditional medicines that were suspected to include extracts of protected animal or plant products. In 2016–17, Australia issued 14 per cent more permits for the import of wildlife than for the previous year. Of the total 1596 permits issued, 1572 were for CITES-listed wildlife, 13 were for non-CITES-listed live animals and 11 were for testing. The testing permits were issued for importing insects for trials of biological controls of invasive species. Most of the increase in import permits issued was for CITES-listed wildlife. Species most often covered by import permits include American alligator, pythons, monitors, and crocodiles. Almost all permits for these species were associated with fashion items such as handbags, shoes, watchstraps and belts. The top 10 species covered by wildlife import permits account for 68 per cent of all such permits issued (see Table 4A.13 in Appendix 4A).

Live imports The live import list comprises species and specimens that may be imported live into Australia. A person cannot legally import live specimens of a species that is not listed on the live import list, even if it has previously been imported or is already known to be in Australia. Anyone can apply to the Minister to amend the live import list to include a new species. In 2016–17, the Minister approved two additions to the live import list: Fiordland crested penguin (Eudyptes pachyrhynchus), included under Part 2 of the list for zoo display (non-commercial purposes excluding household pets) decorated cricket (Gryllodes sigillatus), included under Part 2 of the list for research purposes only. The Minister considered a review of the 2016 decision to refuse to list the Asian arowana (Scleropages formosus) and Myanmar arowana (Scleropages inscriptus). The Minister decided that the refusal decision remains in place. The Department is assessing three further applications received during the year for amendments to the live import list and is undertaking an assessment for the re-listing of another species.

17 Export of wildlife products The EPBC Act requires wildlife harvesting for export to be ecologically sustainable and, for live animals, to meet welfare requirements. Commercial exports of items containing native species must be sourced from a program that demonstrates the ecological sustainability of the harvest. Aside from commercial fisheries, over 90 such programs are approved under the EPBC Act for native species, including plants, saltwater crocodiles, kangaroos, possums and some invertebrates. Exports of regulated native species and CITES-listed species usually require a permit under Part 13A of the EPBC Act. In 2016–17, Australia issued 9 per cent fewer permits for the export of wildlife than the previous year. Of the total 643 export permits issued, 371 permits were issued for the export of CITES-listed wildlife, 169 were issued for native species (non-CITES-listed wildlife) and 103 were issued for other regulated wildlife exports. Most of the decrease in export permits issued was for native species (non-CITES-listed). In addition, 12,991 personal baggage permits were issued for the export of personal items containing regulated wildlife products. Species most often covered by wildlife export permits include Australian saltwater crocodile, American alligator, corals, kangaroos, elephant and python (see Table 4A.14 in Appendix 4A). Exports of crocodile, alligator and python products are generally associated with fashion items such as handbags, shoes, watchstraps and belts. Corals were usually exported live in the aquarium trade, kangaroos were generally exported as meat and skins and elephant products were generally exported as antique ivory items. As individual export permits often cover multiple species and the total number of different species exported is high, the top 10 species covered by export permits accounted for only 25 per cent of all wildlife export permits issued.

Protection of natural and cultural places and values1 The Government provides protection under the EPBC Act for World Heritage properties and for places on the National Heritage and Commonwealth Heritage lists. Under the EPBC Act, the Minister must give an approval before a proponent takes any action that may have a significant impact on the heritage values of a listed place. As at 30 June 2017, management plans for nine of these World Heritage properties were under review or being updated. A new management plan for the Tasmanian Wilderness World Heritage Area was released on 10 December 2016. www.dpipwe.tas.gov.au/conservation/tasmanian-wilderness-world-heritage-area-(twwha) The new plan will guide management of the Tasmanian Wilderness World Heritage Area for at least the next seven years. It responds to the decisions of the World Heritage Committee, which endorsed Australia’s approach to managing the Tasmanian wilderness when it met in July 2016. The plan is consistent with Australia’s World Heritage management principles and puts in place management actions to recognise and conserve the Tasmanian Wilderness World Heritage Area’s natural and cultural heritage.

World Heritage List Australia has 19 properties on the World Heritage List. These properties—some of which have multiple sites—are protected under the EPBC Act and have associated management requirements. All Australian properties on the World Heritage List have management plans. For operations in 2016–17, see Part 2, Annual performance statements, ‘Regulating to protect our environment and heritage’, performance criterion ‘All Australian property included on the list of World Heritage is well managed’, page 75.

National Heritage List

1 Information on compliance and enforcement in Commonwealth reserves is included in the Director of National Parks annual report at www.environment.gov.au/topics/national-parks/parks-australia/publications

18 Each year the Minister is required to set a Finalised Priority Assessment List of places that the Australian Heritage Council will assess for their national heritage values. The list is published on our website. www.environment.gov.au/topics/heritage/heritage-places/finalised-priority-assessment-lists During 2016–17, the council completed preliminary consultations on four places and completed its final assessment for four places. The Minister added four places to the National Heritage List: the Snowy Mountains Scheme (NSW); the Australian Cornish Mining Sites, Burra (SA); the Australian Cornish Mining Sites, Moonta (SA); and St Kilda Road and Environs (VIC) (an emergency listing). There are now 110 places on the National Heritage List. In accordance with the requirements of the EPBC Act, the Department will use its best endeavours to ensure a plan for managing the National Heritage values of each of these places is prepared in cooperation with place owners and managers.

Commonwealth Heritage List One place was added to the Commonwealth Heritage List: the Residence of the Australian Ambassador Washington. As at 1 July 2017, there were 398 places on the Commonwealth Heritage List.

Fisheries assessment and approvals Under the EPBC Act the Department assesses Australian fisheries to ensure they are managed in an ecologically sustainable way and to identify areas for improvement. Of the 25 fisheries assessed in 2016–17, six were Commonwealth managed and 19 were state managed. Eight fisheries were approved as wildlife trade operations and 17 were exempted from the export provisions of the EPBC Act. Of the 17 fisheries exempted, 16 received 10-year exemptions and one received a five-year exemption. The Department assessed all fisheries consistent with statutory requirements (see Table 4A.15 in Appendix 4A). Following these assessments, conditions and/or recommendations were imposed to maintain or improve the ecologically sustainable management of the fisheries in the short to medium term. These conditions and recommendations are published on the Department’s website. www.environment.gov.au/coasts/fisheries/index.html

Meeting statutory time frames under section 518 of the EPBC Act Under section 518 of the EPBC Act—Non-compliance with time limits—we report on time frame overruns and the reason. These operations are reported in Part 2, Annual Performance Statements, ‘Regulating to protect our environment and heritage’, target ‘All activities required by legislation are conducted within statutory time frames‘, page 61. Table 4A.16 provides a summary of overruns relating to EPBC Act provisions other than referrals, assessments and approvals.

Decisions and legal actions The EPBC Act provides for enforcement mechanisms for managing suspected or identified instances of non-compliance and for reviewing the compliance of referred projects. Enforcement mechanisms include environmental audits, infringement notices and civil and criminal penalties. Remediation orders and determinations may require repair or mitigation of environmental damage. The following matters were determined by courts during 2016–17: On 21 September 2016, Mr Hansen, a commercial lobster fisher, was issued a civil penalty of $28,000 by the Federal Court and ordered to pay court costs for unlawfully fishing in the Tasman Fracture Commonwealth Marine Reserve in 2014. Between July 2016 and March 2017, eight masters and 107 crew from eight Vietnamese fishing vessels were convicted of offences under the EPBC Act relating to illegal fishing in the Coral Sea Commonwealth Marine Reserve. The fishers were also convicted of offences under the Fisheries Management Act 1991. Penalties for the EPBC Act offences ranged 19 from fines to five months imprisonment (suspended). In February 2017, Mr Camilleri was convicted and entered into a good behaviour bond in the New South Wales Magistrates Court for an offence against section 303GN(2) of the EPBC Act. Mr Camilleri entered a guilty plea to possession following the discovery of a Mexican red-knee tarantula at a residence in Western Sydney in September 2015. On 9 May 2017, Ms Brown was convicted and fined $1400 in the New South Wales Magistrates Court in Sydney for offences against section 303GN(2) of the EPBC Act. Ms Brown entered guilty pleas to five counts of possession of CITES-listed specimens following the discovery of animal skulls and skeletons at a residence in the Macarthur region south of Sydney in June 2016. On 7 July 2016, Sao Pedro Fishing Pty Ltd and Mr White were convicted and each fined $5000 in the Townsville District Court for offences against section S354A of the EPBC Act. Mr White was the skipper of the fishing vessel Sao Pedro, which was detected fishing in several Commonwealth marine reserves in November 2013. On 30 June 2017, 10 other matters were before the courts.

Statement of reasons Section 13 of the Administrative Decisions (Judicial Review) Act 1977 provides that a person aggrieved by a decision made under legislation may request a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision (statement of reasons). Additionally, sections 77(4) (b) and 78C(4)(b) of the EPBC Act allow people to request a statement of reasons about controlled action decisions and the reconsideration of controlled action decisions. Nine statements of reasons were provided in 2016–17. Four were for controlled action decisions under section 75 and five for approval decisions under section 130 and section 133 of the EPBC Act.

Reconsideration of a decision Under section 78 of the EPBC Act, reconsideration of a referral decision under section 75 of the Act is available in limited circumstances. Typically, reconsiderations are completed on request when there is substantial new information or a substantial change in the likely effects on protected matters. In 2016–17, the Minister or his delegate made 228 referral decisions, of which six were reconsidered decisions.

Committees

Australian Heritage Council The Australian Heritage Council, established under the Australian Heritage Council Act 2003, is the Australian Government’s principal advisory body on heritage matters. It is responsible under the EPBC Act for assessing the heritage values of places nominated for possible inclusion in the National Heritage List and Commonwealth Heritage List and for advising the Minister on heritage issues. The council met four times in 2016–17. Further information is on our website. www.environment.gov.au/heritage/organisations/australian-heritage-council

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development The Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (IESC) is a statutory committee established in October 2012 under the EPBC Act. The IESC provides independent scientific advice to the Australian, Queensland, New South Wales, Victorian and South Australian governments on the water-related impacts of coal seam gas and large coal mining development, including any impacts of associated salt production and/or salinity.

20 The IESC draws upon the expertise of its members and the best available science in hydrology, hydrogeology, geology and ecology. The IESC held eight meetings during 2016–17, preparing advice on the water-related impacts of eight large coal mines in Queensland and New South Wales. Further information is on the IESC website. www.iesc.environment.gov.au

Indigenous Advisory Committee The Indigenous Advisory Committee, established under section 505A of the EPBC Act, provides advice to the Minister on the operations of the EPBC Act by incorporating Aboriginal and Torres Strait Islander people’s knowledge of land management and the conservation and sustainable use of biodiversity. In 2016–17, the committee held one face-to-face meeting in Canberra and one teleconference meeting and completed a range of out-of-session work. Further information is on our website. www.environment.gov.au/indigenous/committees/iac.html

Threatened Species Scientific Committee The Threatened Species Scientific Committee, established under section 502 of the EPBC Act, advises the Minister on amending and updating lists of threatened species, threatened ecological communities and key threatening processes, all listed under the EPBC Act. It advises on the development or adoption of recovery and threat abatement plans and prepares conservation advices for approval by the Minister or delegate. Four major meetings were held in 2016–17. Further information is on our website. www.environment.gov.au/biodiversity/threatened/tssc

Appendix 4A: Statistics and other information This appendix comprises statistics on the operation of the EPBC Act in 2016–17.

Environmental referrals, assessments and approvals

Table 4A.1: Overview of EPBC Act referrals and approval of actions, 2016–17

2016–17 Total since EPBC Act commenced in 2000 Referral decisions Total referrals received 239 5940 Referrals withdrawn before (controlled action) decision 11 264 Referrals where a decision has been made 222 5459 Approval required—controlled action 106 1633 Approval not required—action to be taken in a 22 1059 particular manner Approval not required—no conditions on action 93 2756 Action clearly unacceptable 1 10 Referrals lapsed 6 10 Referrals withdrawn after (controlled action) decision 3 79 Approval of actions Action approved 63 902 Action not approved 0 10

21 2016–17 Total since EPBC Act commenced in 2000 Awaiting approval as at 30 June 2017 35 N/A Awaiting further information from proponents 19 N/A Note: With the upgrade of environment assessment databases, differences in total figures may appear when compared with previous years, as data integrity has improved. Assessment officers enter and correct data on an ongoing basis. The figures in Table 4A.1 are an accurate reflection of referral data as of 30 June 2017.

Table 4A.2: Decisions on EPBC Act referrals made in 2016–17, by jurisdiction

Decisions made in 2016–17 Action clearly Approval required Approval not required Total unacceptable CA PM NCA decisions ACT 6 1 1 8 Christmas Island 1 1 Commonwealth 2 1 3 Marine NSW 1 21 6 8 36 NT 2 4 6 QLD 35 26 5 66 SA 2 7 9 TAS 1 3 4 VIC 16 7 7 30 WA 22 37 59 Total 1 106 93 22 222 Notes: CA = controlled action; PM = action to be taken in a particular manner; NCA = not controlled action.

Table 4A.3: Decisions on EPBC Act referrals made in 2016–17, by activity category

Decisions made in 2016–17 Action clearly Approval required Approval not required Total unacceptable CA PM NCA decisions Agriculture and forestry 3 2 5 Aquaculture 1 1 2 Commercial 14 10 1 25 development Commonwealth 3 3 6 Commonwealth 1 1 2 development Energy generation and 4 3 1 8 supply (non-renewable) Energy generation and 1 3 8 3 15 supply (renewable) Exploration (mineral, oil 1 1 and gas—marine) Mining 25 9 34 Natural resources 1 3 1 5

22 Decisions made in 2016–17 Action clearly Approval required Approval not required Total unacceptable CA PM NCA decisions management Private 1 1 2 Residential 19 15 1 35 development Science and research 2 1 3 Telecommunications 2 3 5 Tourism and recreation 4 11 2 17 Transport—air and 1 1 2 space Transport—land 20 16 36 Transport—water 2 1 3 Waste management 1 3 4 (non-sewerage) Waste management 1 1 (sewerage) Water management and 4 5 2 11 use Total 1 106 93 22 222 Notes: CA = controlled action; PM = action to be taken in a particular manner; NCA = not controlled action. Total includes three reconsiderations.

Table 4A.4: Decisions on assessment approach made in 2016–17, by type

Assessments Assessment Assessments Assessments active s completed withdrawn lapsed Commonwealth assessments Preliminary documentation—further 55 4 2 1 information required Preliminary documentation—no 1 2 0 0 further information required Public environment report 0 0 0 0 Referral information 0 0 0 0 Environmental impact statement 2 0 0 0 State/territory assessments Bilateral assessment 30 0 0 0 Accredited process 3 0 0 0 Total 91 6 2 1 Note: In 2016–17 there were three lapsed projects, yet only one occurred after the assessment approach decision.

Table 4A.5: Matters of national environmental significance under the EPBC Act considered in relation to impacts of proposed action, 2016–17

23 Matter protected Controlled Not controlled action action— particular manner Division 1 Matters of national environmental significance Section 12 World Heritage values of a World Heritage listed 6 1 property Section 15B National Heritage values of a National Heritage 5 0 listed place Section 16 Ecological character of a declared Ramsar wetland 6 0 Section 18 Listed threatened species or ecological community 97 18 Section 20 Listed migratory species 9 5 Section 21 Nuclear activities with a significant impact on the 3 2 environment Section 23 Commonwealth marine environment 2 2 Section 24B Activities in the Great Barrier Reef Marine Park 4 0 Section 24D Affects at least one water resource 9 0 Division 2 Section 26 Commonwealth land 7 1 Section 27B Activities involving Commonwealth Heritage listed 0 0 places overseas Section 28 Commonwealth or Commonwealth agency activity 0 3 Total 148 32 Note: This table refers to matters of national environmental significance considered in 2016–17 by section and decision, regardless of the number of referrals received.

Access to biological resources and benefit sharing

Table 4A.6: Applications received and permits granted for cetacean research or impacts under the EPBC Act, 2016–17

Section of EPBC Act Applications Permits Conditions varied Suspended received granted or revoked or cancelled 238(3)(a) cetacean conservation; 7 8 3 permits had 0 or (b) incidental interference conditions varied 238(3)(c) whale watching 0 0 0 0 Total 7 8 3 0

Protection of species and ecological communities

Table 4A.7: Species and ecological communities listing outcomes under the EPBC Act, 2016– 17

Species and ecological communities Status Listings (scientific name or name of ecological community) Illawarra and South Coast lowland forest and woodland Listed as critically endangered Freshwater crayfish Euastacus bindal (1 ecological community, 6 species) Fitzroy Falls spiny crayfish Euastacus dharawalus

24 Species and ecological communities Status Bandalup buttercup Hibbertia abyssa Julian’s hibbertia Hibbertia spanantha (formerly known as Hibbertia sp. Turramurra (A. Robinson s.n. NSW981514)) Grampians globe-pea Sphaerolobium acanthos George’s snapping turtle Wollumbinia georgesi Banksia woodlands of the Swan Coastal Plain Listed as endangered Solanum sulphureum (1 ecological community, 8 species) Sword bossiaea Bossiaea peninsularis Antbed parrot moth Trisyntopa scatophaga Dulacca woodland snail Adclarkia dulacca Brigalow woodland snail Adclarkia cameroni Solanum dissectum Solanum johnsonianum Arckaringa daisy Olearia arckaringensis Transferred species: uplistings Subantarctic fur seal Arctocephalus tropicalis Transferred from vulnerable to Black-flanked rock-wallaby Petrogale lateralis endangered (4 species) Christmas Island frigatebird Fregata andrewsi Heath mouse Pseudomys shortridgei Bare-rumped sheath-tail bat (QLD) Saccolaimus Transferred from critically saccolaimus nudicluniatus endangered to vulnerable (1 species) Semon’s leaf nosed bat Hipposideros semoni Transferred from endangered to Red-tailed phascogale Phascogale calura vulnerable (4 species) Greater large-eared horseshoe bat Rhinolophus robertsi Julia Creek dunnart Sminthopsis douglasi Retained in the same category Prostanthera albohirta Retained as critically endangered (1 species) Gouldian finch Erythrura gouldiae Retained as endangered (1 species) Southern elephant seal Mirounga leonina Retained as vulnerable (1 species) Migratory species Matsudaira’s storm-petrel Hydrobates matsudairae Listed as migratory species Bulwer’s petrel Bulweria bulwerii (3 species) following changes to the annex of the Japan–Australia Crested tern Sterna bergii (Thalasseus bergii) migratory bird agreement Leach’s storm-petrel Oceanodroma leucorhoa Deleted from the list of migratory Western sandpiper Calidris mauri species following changes to the annex of the Japan–Australia and Baird’s sandpiper Calidris bairdii Republic of Korea–Australia Grey phalarope Phalaropus fulicarius (Phalaropus fulicaria) migratory bird agreements 25 Species and ecological communities Status Black tern Chlidonias niger (15 species) Rainbow bee-eater Merops ornatus Cattle egret Bubulcus ibis (Ardea ibis) Eastern great egret Egretta alba (Ardea alba) Providence petrel Pterodroma solandri Shoveler (Northern shoveler) Anas clypeata Common ringed plover (ringed plover) Charadrius hiaticula Little stint Calidris minuta Dunlin Calidris alpina Buff-breasted sandpiper Tryngites subruficollis Great reed warbler Acrocephalus arundinaceus

Table 4A.8: Number of nominations and changes to the lists of threatened species, ecological communities and key threatening processes under the EPBC Act, 2016–17

Species Ecological Key threatening communities processes Items on which the Threatened Species Scientific 31 3 0 Committee has provided advice to the Minister Ministerial decisions made on Threatened Species 26 2 0 Scientific Committee advice Ministerial decisions pending Threatened Species 5 1 0 Scientific Committee advice Ministerial decisions made on Threatened Species Scientific Committee advice by category: Uplisted 4 0 N/A Downlisted 5 0 N/A New 14 2 0 Deleted 0 0 0 Amendments to the list 0 0 0 Rejected/ineligible 0 0 0 No change in status 3 0 0

Table 4A.9: EPBC Act listed threatened species and ecological communities covered by recovery plans as at 30 June 2017

Species Ecological Total communities Total number of listed threatened entities 1808 77 1885 Number of listed threatened entities covered by 687 25 712 recovery plans in force Number of listed threatened entities requiring 144 32 176 recovery plans but not covered by a recovery plan in forcea a The Minister determines whether listed threatened entities require a recovery plan. An approved conservation advice is required for listed threatened entities that do not require a recovery plan.

26 Table 4A.10: Recovery plans made or adopted under the EPBC Act, 2016–17

Recovery plan Date made or Listed threatened entities covered adopted National Recovery Plan for the 24 June 2017 Boggomoss snail Adclarkia Boggomoss Snail dawsonensis Recovery Plan for Marine Turtles in 3 June 2017 Loggerhead turtle Caretta caretta Australia Olive ridley turtle Lepidochelys olivacea Green turtle Chelonia mydas Hawksbill turtle Eretmochelys imbricata Leatherback turtle Dermochelys coriacea Flatback turtle Natator depressus

Table 4A11: Key threatening processes and threat abatement plans listed under the EPBC Act

Key threatening process Date of effect of Threat Approved listing abatement threat plan abatement required? plan Competition and land degradation by feral rabbits 16 July 2000 Yes Yes Competition and land degradation by 16 July 2000 Yes Yes unmanaged goats Dieback caused by the root-rot fungus 16 July 2000 Yes Yes Phytophthora cinnamomi Incidental catch (or bycatch) of seabirds during 16 July 2000 Yes Yes oceanic longline fishing operations Predation by European red fox (Vulpes vulpes) 16 July 2000 Yes Yes Predation by feral cats 16 July 2000 Yes Yes Land clearance 4 April 2001 No N/A Loss of terrestrial climatic habitat caused by 4 April 2001 No N/A anthropogenic emissions of greenhouse gases Psittacine circoviral (beak and feather) disease 4 April 2001 No N/A affecting endangered psittacine species Incidental catch (bycatch) of sea turtles during 4 April 2001 No N/A coastal otter-trawling operations within Australian waters north of 28 degrees south Predation, habitat degradation, competition and 6 August 2001 Yes Yes disease transmission by feral pigs Infection of amphibians with chytrid fungus 23 July 2002 Yes Yes resulting in chytridiomycosis Reduction in the biodiversity of Australian native 2 April 2003 Yes Part year; fauna and flora due to red imported fire ant sunsetted (Solenopsis invicta) October 2016

27 Key threatening process Date of effect of Threat Approved listing abatement threat plan abatement required? plan Injury and fatality to vertebrate marine life caused 13 August Yes Yes by ingestion of, or entanglement in, harmful 2003 marine debris Loss of biodiversity and ecosystem integrity 12 April 2005 No N/A following invasion by the yellow crazy ant (Anoplolepis gracilipes) on Christmas Island, Indian Ocean Biological effects, including lethal toxic ingestion, 12 April 2005 Yes Yes caused by cane toads (Bufo marinus) Predation by exotic rats on Australian offshore 29 March 2006 Yes Yes islands of less than 1000 km2 (100,000 ha) Invasion of northern Australia by gamba grass 16 September Yes Yes and other introduced grasses 2009 Loss and degradation of native plant and animal 8 January 2010 No N/A habitat by invasion of escaped garden plants, including aquatic plants Novel biota and its impact on biodiversity 26 February No N/A 2013 Aggressive exclusion of birds from potential 9 May 2014 No N/A woodland and forest habitat by overabundant noisy miners (Manorina melanocephala)

Wildlife trade and management

Table 4A.12: Wildlife seizure records issued by Australian authorities under the EPBC Act, 2016–17

Wildlife category Number of seizure records Complementary medicine 131 Reptile/amphibian 95 Fish/clam/coral/invertebrate 70 Mammal 55 Live animal 43 Elephant products 19 Live plant 9 Bird 7 Plant parts/products 7 Total seizures 436

Table 4A.13: Top 10 species covered by EPBC Act wildlife import permits, 2016–17

Species Number of import permits issued American alligator (Alligator mississippiensis) 560 Burmese python (Python bivittatus) 248 Reticulated python (Python reticulatus) 212 28 Species Number of import permits issued Common water monitor (Varanus salvator) 202 Nile crocodile (Crocodylus niloticus) 183 Saltwater crocodile (Crocodylus porosus) 81 Panama caiman (Caiman yacare) 59 Nile monitor (Varanus niloticus) 56 Common caiman (Caiman crocodilus crocodilus) 49 Crab-eating macaque (Macaca fascicularis) 35

Table 4A.14: Top 10 species most often issued EPBC Act wildlife export permits, 2016–17

Species Number of export permits issued Saltwater crocodile (Crocodylus porosus) 90 American alligator (Alligator mississippiensis) 80 Corals (class Anthozoa) 50 Stony corals (order Scleractinia) 48 Fire corals (class Hydrozoa) 41 Eastern grey kangaroo (Macropus giganteus) 36 Red kangaroo (Macropus rufus) 32 African elephant (Loxodonta africana) 27 Reticulated python (Python reticulatus) 19 Elephant (family Elephantidae) 19

Fisheries assessment and approvals

Table 4A.15: EPBC Act assessments of Commonwealth and state managed fisheries completed, 2016–17

Jurisdiction Fishery Current Decision date assessment decisions Commonwealth Bass Strait Central Zone Scallop Fishery Exempt 22 August 2016 Commonwealth Heard Island and McDonald Islands Exempt 22 August 2016 Fishery Commonwealth Macquarie Island Toothfish Fishery Exempt 22 August 2016 Commonwealth Skipjack Tuna Fishery Exempt 22 August 2016 Commonwealth Southern Bluefin Tuna Fishery WTO 12 December 2016 Commonwealth Southern Squid Jig Fishery Exempt 22 August 2016 Northern Aquarium Fishery WTO 8 December 2016 Territory Queensland Coral Reef Fin Fish Fishery WTO 8 December 2016 Queensland East Coast Inshore Fin Fish Fishery WTO 16 September 2016 Queensland Gulf of Carpentaria Developmental Fin WTO 5 December 2016

29 Jurisdiction Fishery Current Decision date assessment decisions Fish Trawl Fishery Queensland Gulf of Carpentaria Line Fishery WTO 24 November 2016 Queensland Fin Fish (Stout Whiting) Trawl Fishery WTO 16 February 2017 South Australia Sardine Fishery Exempt 26 August 2016 Tasmania Abalone Fishery Exempt 12 August 2016 Tasmania Commercial Dive Fishery Exempt 12 August 2016 Tasmania Freshwater Eel Fishery Exempt 12 August 2016 Tasmania Gould’s Squid Fishery Exempt 12 August 2016 Tasmania Native oyster taken in the Tasmanian Exempt 12 August 2016 Shellfish Fishery Tasmania Rock Lobster Fishery Exempt 12 August 2016 Tasmania Scallop Fishery Exempt 12 August 2016 Victoria Abalone Fishery Exempt 22 August 2016 Victoria Giant Crab Fishery Exempt 22 August 2016 Victoria Sea Urchin Fishery Exempt 22 August 2016 Victoria Rock Lobster Fishery Exempt 22 August 2016 Western Marine Aquarium Fish Managed Fishery WTO 20 October 2016 Australia Note: WTO = wildlife trade operation.

Meeting statutory time frames under section 518 of the EPBC Act

Table 4A.16: Decisions made under other EPBC Act provisions that did not meet statutory time frames, 2016–17

Section Total Late Reasons for delay 194G(1) Scientific Committee to provide the 1 1 Proposed list was provided to Minister with a proposed priority assessment list the Minister once he was appointed following the 2016 federal election 266B(6) Approved conservation advices for listed 159 23 Administrative delay in threatened species publishing conservation advice 303CI Time limit for making permit decisions— 1943 3 1 Administrative delay CITES 2 System errors 324JI Provision of (National Heritage) 6 4 Administrative oversight assessments to the Minister 341H Minister to invite (Commonwealth Heritage) 0 0 No call for nominations nominations for each assessment period 341JA(1) Preparing proposed priority assessment 0 0 No call for nominations list (Commonwealth Heritage) 341JH Provision of (Commonwealth Heritage) 1 1 Administrative oversight assessments to the Minister 341J(1) Giving (Commonwealth Heritage) 1 1 No call for nominations

30 Section Total Late Reasons for delay nominations to Australian Heritage Council 341L(7) Publication of instrument of removal of 0 0 Nil removals places from Commonwealth Heritage List

Appendix 4B: Publications 2016–17

Guides Banksia Woodlands of the Swan Coastal Plain: a nationally protected ecological community Eucalypt Woodlands of the Western Australian Wheatbelt: a nationally protected ecological community Southern Highlands Shale Forest and Woodland in the Sydney Basin Bioregion: a nationally significant ecological community

Reports Australian National Report to the 18th JAMBA, 12th CAMBA and 5th ROKAMBA Consultative Meetings, October 2016

31 Appendix 5: Operation of the Environment Protection (Alligator Rivers Region) Act 1978 Section 36 of the Environment Protection (Alligator Rivers Region) Act 1978 requires the Supervising Scientist to provide to the Minister an annual report on the operation of the Act. This section meets the reporting requirements for 2016–17.

Operation During 2016–17, the role of the Supervising Scientist was held by the First Assistant Secretary, Science Division within the Department. The Supervising Scientist Branch is funded under the portfolio’s departmental output and appropriation and contributes to the delivery of Outcome 1: Conserve, protect and sustainably manage Australia’s biodiversity, ecosystems, environment and heritage through research, information management, supporting natural resource management, establishing and managing Commonwealth protected areas, and reducing and regulating the use of pollutants and hazardous substances. The activities of the Supervising Scientist under the Act help to achieve this objective by ensuring that: the concentration of uranium in surface waters downstream of the Ranger Mine remains less than 2.8 micrograms per litre annual research and monitoring programs are scientifically rigorous, appropriately focused on the most important knowledge needs and independently endorsed by the Alligator Rivers Region Technical Committee.

Ministerial directions Under section 7 of the Act, the Supervising Scientist is required to comply with any directions given to them by the Minister relating to the performance of their functions or the exercise of their powers. In 2016–17, the Minister did not issue any directions to the Supervising Scientist under section 7 of the Act.

Collection and assessment of information Information on the environmental effects of mining collected and assessed throughout 2016–17, in accordance with section 36(2)(b)(i) of the Act, is summarised below. Further details are provided in the Supervising Scientist annual technical report, which is published on the Department’s website. www.environment.gov.au/science/supervising-scientist/publications The Supervising Scientist Branch provides ongoing supervision, for the Commonwealth, of uranium mining operations in the Alligator Rivers region to ensure that the region’s environment is protected from the effects of uranium mining in accordance with Commonwealth and Northern Territory requirements. The branch works alongside Commonwealth and Northern Territory regulatory authorities, and in consultation with the Northern Land Council and the Gundjeihmi Aboriginal Corporation, to develop and implement programs related to environmental research, mine assessment and supervision, and radiological, biological and chemical monitoring. The outputs of the Supervising Scientist Branch’s programs are used to measure the effectiveness of environmental management at uranium mining and exploration sites within the region.

Supervision The branch’s mine assessment and supervision program includes a structured plan of mine assessments, inspections and audits which provides a mechanism for reviewing and assessing the adequacy and effectiveness of environmental management systems in place at various sites. Throughout 2016–17, this program was focused on five main areas within the Alligator Rivers

32 Region, including one operational mine site, two historical mine sites in various stages of rehabilitation and several exploration sites (Table A5.1).

Table A5.1: Summary of supervision activities of the Supervising Scientist Branch at five sites in the Alligator Rivers Region, 2016–17

Activity Ranger Jabiluka Nabarlek South West Alligator Arnhem Valley exploration Meetings of the Mine Technical 5 5 1 N/A N/A Committee Applications assessed 10 Routine reports/plans assessed 17 2 1 1 1 Authorisation amendments 1 assessed Environmental audits 0a 0b 1 1 4 Routine inspections 12 2 1 1 2 Incidents reported 17 Incidents investigated 1 a The 2017 annual stakeholder environmental audit is scheduled for August 2017. b The audit program for Jabiluka has been suspended, as the site is in long-term care and maintenance.

Monitoring The branch’s monitoring program assesses radiological, chemical and biological indicators to detect short- and long-term environmental impacts of mining at Ranger uranium mine. The Supervising Scientist takes a risk- and evidence-based approach to prioritise its monitoring activities. The branch’s key performance indicator related to monitoring was achieved, with concentrations of uranium in surface waters downstream of the Ranger mine remaining below the limit of 2.8 micrograms per litre. This, along with other monitoring outputs, demonstrates that people and the environment of the Alligator Rivers Region, and the World Heritage values of Kakadu National Park, remained protected from the effects of uranium mining during 2016–17. See Part 2, Annual performance statements, ‘Regulating to protect our environment and heritage’, page 55.

Environmental research The branch’s proposed research program for 2016–17 underwent a full relevance and priority assessment to ensure it was appropriately aligned with the Alligator Rivers Region Technical Committee’s Key Knowledge Needs. The committee endorsed the program in August 2016. The program initially comprised 32 research projects at the beginning of 2016–17, and six additional projects were initiated throughout the year. Of the 38 projects in total, nine were completed during the year and the remaining projects will continue into 2017–18. During 2016–17, all research undertaken was related to gaining knowledge and information to assist with addressing and managing key environmental risks associated with Ranger mine operations and rehabilitation. Throughout 2016–17, the branch published the findings and outcomes of these projects in 26 peer-reviewed articles. The branch’s key performance indicator related to research was achieved: the Alligator Rivers Region Technical Committee endorsed the research program as being both rigorous and appropriately targeted. See Part 2, Annual performance statements, ‘Regulating to protect our environment and heritage’, page 55. 33 Figure A5.1: Research projects of the Supervising Scientist Branch, 2016–17

Standards, practices and procedures Information on standards, practices, and procedures adopted and/or amended during 2016–17, in accordance with section 36(2)(b)(ii) of the Act, is provided below: Closure criteria for Ranger mine, which have been proposed by the mine operator, Energy Resources of Australia Ltd, within its draft Ranger mine closure plan, were submitted to the branch in December 2016. A suite of rehabilitation standards for Ranger mine, which are being developed by the branch, will provide quantitative values against which the mine operator’s proposed closure criteria can be assessed. The biological toxicity testing method for the northern trout gudgeon, Mogurnda mogurnda, was improved. Acute and chronic toxicity testing methods for the freshwater mussel, Velesunio angasi, were developed. There was continued development of a remote videography method for monitoring fish communities in channel billabongs as a replacement technique for visual counts. This significantly reduces the risks associated with working in crocodile-inhabited waters. New radiochemistry methods for measuring protactinium-231 in environmental samples using accelerator mass spectrometry were developed. This resulted in the world’s first measurements for a uranium mining context. A new empirical model for predicting radium-226 uptake in freshwater mussels from water quality parameters was developed. This will enhance the radiological assessment capability for rehabilitation planning of uranium mines.

Protection and restoration measures Information on environmental protection and restoration measures implemented in accordance with section 36(2)(b)(iii) of the Act during 2016–17 is provided below: The annual routine water quality and biological monitoring programs were completed successfully. Ongoing monitoring of the adequacy and effectiveness of remedial works installed by the mine operator during 2015–16 was carried out. Investigative water quality sampling was conducted to ensure that variation observed in surrounding water bodies was not mine related.

34 Ongoing progress The mine operator submitted a draft rehabilitation plan for Ranger mine in December 2016, which is under review by the branch and key stakeholders. Key rehabilitation activities carried out at Ranger mine throughout 2016–17 include: transfer of mine tailings into Ranger mine Pit 3 for permanent storage, in accordance with the rehabilitation objectives further progression of the rehabilitation of Ranger mine Pit 1, with the commencement of bulk backfill activities ongoing treatment and disposal of mine waste water installation of additional groundwater monitoring bores to improve understanding of groundwater quality and behaviour and to inform future modelling and assessment.

Requirements of prescribed instruments enacted, made, adopted or issued Information on the requirements of, and having effect under, new prescribed instruments, or amendments to existing prescribed instruments in accordance with section 36(2)(b)(iv) of the Act, is provided below: during 2016–17, no new prescribed instruments were enacted, made, adopted or issued, and there were no changes to existing prescribed instruments.

Implementation of requirements Information on the implementation of requirements of, and having effect under, new prescribed instruments, or amendments to existing prescribed instruments in accordance with section 36(2)(b) (v) of the Act, is provided below: during 2016–17, no new requirements were implemented.

35 Appendix 6: Operation of the Fuel Quality Standards Act 2000 Section 71 of the Fuel Quality Standards Act 2000 requires the Minister to prepare an annual report on the operation of the Act. This section meets this reporting requirement for 2016–17.

Operation The Act requires the fuel industry, including fuel suppliers, to supply fuel that meets strict environmental requirements in accordance with fuel quality standards. Fuel quality standards have been made for petrol, automotive diesel, biodiesel, ethanol E85 and autogas.

Review of the Fuel Quality Standards Act 2000 A statutory review of the Act was completed in April 2016. One of the findings of the review was that the Act has met its objectives. The review recommended that the Act be retained with amendments. The Government is considering the recommendations made in the review. The review report is on the Department’s website. www.environment.gov.au/protection/fuel-quality/legislation/review-2015

Review of the legislative instruments made under the Fuel Quality Standards Act 2000 The Department is undertaking a review of the legislative instruments (including fuel standards) made under the Act to further improve the quality of fuels sold in Australia and align our fuel standards with international best practice. In December 2016, the Ministerial Forum on Vehicle Emissions released the Better fuel for cleaner air discussion paper. The discussion paper sought stakeholder views (by 10 March 2017) on ways to strengthen Australian fuel standards to reduce noxious emissions that contribute to health and environmental problems, while facilitating access to the latest vehicle technology. The discussion paper included five options for fuel standards, three of which involve reducing maximum sulfur content in petrol to 10 ppm, which is in line with best-practice international standards. Over 70 submissions were received from a range of stakeholders. The submissions were generally supportive of amending fuel standards to improve environmental and health outcomes. The Department is using stakeholder feedback to inform the development of a draft early assessment regulation impact statement and a regional Australia impact statement, intended for release later in 2017.

Compliance and enforcement The Department conducts monitoring, compliance and enforcement activities to detect and respond to non-compliance under the Act and Regulations. In addition, over the 2016–17 year, the Department developed a strategic intelligence capability, which will provide for improved understanding of the drivers of non-compliance in future years and target our compliance strategy accordingly. Statistics from the past four years are provided in Table A6.1. During 2016–17, the Department engaged with 457 fuel suppliers. Where non-compliance was detected, the Department engaged with suppliers and provided information, instruction and assistance to promote awareness of and compliance with the Act.

Table A6.1: Statistics on fuel sampling under the Fuel Quality Standards Act 1999, 2013–14 to 2016–17

Actions 2013–14 2014–15 2015–16 2016–17 Compliance incident reports 243 238 223 195 Site visits 403 432 455 457 36 Actions 2013–14 2014–15 2015–16 2016–17 Number of compliant tests 1270 1392 1596 1337 Fuel quality breach 35 33 33 23 Ethanol labelling breach 11 22 21 8 Documentation requirements breacha 43 48 29 4b a The Act and Regulations require operators of service stations to keep and maintain records for two years, including delivery documentation, stock reconciliation and fuel-testing records in relation to the supply of fuel, at the premises where the fuel is supplied. Fuel suppliers must also provide documentation to the supply site within 72 hours of the delivery of fuel. b Section 66 compliance checks only.

Financial information The Department’s 2016–17 operating costs for administering the Act were $2,395,237, including staff salaries and allowances, consultancies, advertising and other related expenses.

Committee Section 24 of the Act establishes the Fuel Standards Consultative Committee. The Minister must consult the committee on, or notify it of, various matters as required by the Act.

37 Appendix 7: Operation of the Greenhouse and Energy Minimum Standards Act 2012 This section is prepared in accordance with section 175 of the Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act). It covers the operation of the GEMS Act from 1 July 2016 to 30 June 2017. The GEMS Act supports the development and adoption of appliances and equipment that use less energy and result in fewer greenhouse gas emissions than competing products. The GEMS Act commenced on 1 October 2012. It replaced seven overlapping pieces of state and territory legislation and four state regulators with one national regulator, simplifying the system for manufacturers and importers of regulated appliances and equipment.

Operation

Equipment Energy Efficiency (E3) program The Department administers the GEMS Act through the Equipment Energy Efficiency (E3) program and the GEMS Regulator. The E3 program promotes greater energy efficiency for regulated products by enabling consumers to make informed choices to improve energy efficiency and reduce greenhouse gas emissions. The main policy tools the program uses are mandatory Minimum Energy Performance Standards and Energy Rating Labels for appliances and equipment.

Determinations At 30 June 2017, a total of 22 determinations were in effect under the GEMS Act. The determinations are legislative instruments that specify GEMS requirements, including requirements for Minimum Energy Performance Standards and Energy Rating Labels for products regulated under the GEMS Act. In 2016–17, the GEMS Regulator approved 5780 applications and responded to 998 enquiries. Registration applications were approved in 3.7 days on average. Enquiries were responded to within one to two days on average. The GEMS Regulator granted six exemption requests in 2016–17.

Governance The Department and the GEMS Regulator work cooperatively with state and territory agencies to administer the GEMS Act and develop the E3 program under an intergovernmental agreement. Australia also collaborates on energy efficiency standards with New Zealand through a policy framework and funding arrangement for the E3 program, ensuring the greatest net benefit for both countries. The E3 program is overseen by the Energy Efficiency Advisory Team, which reports to the Council of Australian Governments Energy Council. The advisory team comprises representatives from Commonwealth, state and territory government agencies and from the New Zealand Government.

Achievements Five consultation regulation impact statements were released for refrigerated display cabinets, fridges and freezers, lighting, non-domestic fans and swimming pool pumps. An Australia–New Zealand Policy Framework and Funding Arrangement was agreed. The arrangement underpins the delivery of a single integrated program on energy efficiency standards and labelling. The Department surveyed stakeholders in 2016–17 to gauge the overall level of satisfaction with the GEMS product registration process. A total of 84 per cent of respondents were satisfied with the product registration process overall and 85 per cent agreed that the GEMS Regulator processed registration applications in a timely manner.

38 GEMS compliance The GEMS Regulator is responsible for monitoring and enforcing compliance with the GEMS Act. It does this through an intelligence-led, risk-based program that: engages with, and educates, the regulated community monitors compliance through: check testing GEMS inspector market surveillance receiving allegations of suspected non-compliance assesses and investigates non-compliance responds to non-compliance. During 2016–17, the GEMS Regulator completed check tests of 86 models of 12 GEMS products. Of these models, 79 met GEMS requirements and seven did not. Of those failing to meet GEMS requirements, the GEMS Regulator: cancelled the registration of four models took alternative enforcement actions for three models – for example, a television did not display the required on-screen warning, so the supplier made software available to rectify the issue and it was reported in the E3 newsletter. GEMS inspector market surveillance activities revealed: registration—low levels of compliance for models of computers and GEMS products in the industrial and commercial sectors labelling—consistently very high rates of compliance for a range of household GEMS products. However, there were poor rates of compliance for products such as televisions and computer monitors. GEMS inspectors proactively engaged with key stakeholders across a range of affected industries to ensure the regulated community returned to compliance. The GEMS Regulator received 42 allegations of suspected non-compliance from consumers, industry and other government departments. Most of these related to the supply of unregistered GEMS products and labelling issues. The GEMS Regulator assessed and, where appropriate, investigated each allegation and engaged with the supplier to ensure compliance.

Revenue In 2016–17, revenue from registration fees was $2,324,995.

Communication The GEMS Regulator assists responsible parties to comply with the GEMS Act. To achieve this, the GEMS Regulator: informs stakeholders about the E3 program and the operation of the GEMS Act informs stakeholders about registration requirements under the GEMS Act, including through the energyrating.gov.au website responds to queries through emails to [email protected] coordinates national marketing and communication projects to support new energy efficiency programs and improve existing ones consults with industry and other interested parties on developing and implementing energy labelling and associated programs monitors and reports on program performance, achievements and enforcement.

39 Appendix 8: Operation of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 Section 61 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the Minister to prepare a report on the operation of the Act for each financial year. This section meets the reporting requirements for 2016–17. The Department submitted an annual report on Australia’s implementation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) to the convention’s secretariat during 2016–17. The annual report is on the Basel Convention website. www.basel.int/Countries/NationalReporting/BaselConventionNationalReports/tabid/4250/Default.as px

Operation The Act requires the import, export or transit of hazardous waste to be approved by the Minister or their delegate through a permitting system. The Act was amended in February 2017 to make minor administrative improvements and implement full cost recovery of the permitting scheme. Consequential or complementary to the amendments to the Act, in June 2017, the following were amended: Hazardous Waste (Regulation of Exports and Imports) (Decision IV/9) Regulations 1995 Hazardous Waste (Regulation of Exports and Imports) (Imports from East Timor) Regulations 2003 Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996 Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999. In 2016–17, the Minister or his delegate granted 44 permits and refused one permit (this number excludes exemptions for laboratory analysis samples and permit variations). On 30 March 2017, following the amendment of the Act, the Department stopped publishing notices in the Australian Government Gazette. All notices relating to permit applications and decisions are now published on the Department’s website. www.environment.gov.au/protection/hazardous-waste/application-and-permit-notices Details of permit applications and decisions published in the Australian Government Gazette prior to 30 March 2017 can be found on our website. www.legislation.gov.au/Browse/Results/ByPortfolio/Gazettes/InForce/Environment and Energy/0

Compliance and enforcement The Department works with Australian Border Force to prevent illegal exports of hazardous waste. In 2016–17, we received seven referrals from Australian Border Force, with four referred imports confirmed as containing hazardous waste. Most referrals involved small-scale exporters exporting goods to their relations. We continue to look at improving communication of the legal requirements to these small-scale exporters and their freight forwarders.

Administrative Appeals Tribunal One application for a review of a decision was made to the Administrative Appeals Tribunal. This application was discontinued. One application for review of a decision which was made in 2015–16

40 was withdrawn this financial year. See Part 3, Management and accountability, ‘External scrutiny’, page 155.

Financial information In 2016–17, the Department collected $176,101 (GST exclusive) in permit application fees under the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.

Committee Section 58E of the Act establishes the Hazardous Waste Technical Group. The Minister must consult this group on any proposed new regulations about the definition of hazardous waste and on evidentiary certificates issued under the Act. The technical group did not meet in 2016–17.

41 Appendix 9: Operation of the Natural Heritage Trust of Australia Act 1997 Section 43 of the Natural Heritage Trust of Australia Act 1997 requires the Minister to prepare an annual report on the operation of the Natural Heritage Trust of Australia Account. This section meets this reporting requirement, with the exception of financial information. The Act requires the annual report to include financial statements relating to operations of the account and the Auditor- General’s report on the financial statements. See Part 4, Financial statements, page 187. The Act established the Natural Heritage Trust of Australia Account to conserve, repair and replenish Australia’s natural resources. The account is administered by the Natural Heritage Ministerial Board, which in 2016–17 comprised the Minister for the Environment and Energy, the Hon Josh Frydenberg MP, and the Minister for Agriculture and Water Resources, the Hon Barnaby Joyce MP. Activities carried out under the Act are integral to achieving the Department’s purpose to conserve, protect and sustainably manage Australia’s terrestrial and marine biodiversity, threatened species, ecosystems, environment and heritage. Additionally, these activities support and contribute to sustainable agriculture outcomes across our productive landscapes. Some of these activities are reported in Part 2, Annual performance statements, ‘Investing in our environment and heritage’, page 24.

Operation

National Landcare Program The Natural Heritage Trust is the principal funding stream supporting the Government’s National Landcare Program. The National Landcare Program has four strategic objectives: Communities are managing landscapes to sustain long-term economic and social benefits from their environment. Farmers and fishers are increasing their long-term returns through better management of the natural resource base. Communities are involved in caring for their environment. Communities are protecting species and natural assets. The program is investing $1 billion over four years from 2014–15 to help communities take practical action to improve their local environment. It is invigorating community engagement in the natural resource management (NRM) sector by giving community groups, including Landcare groups, a greater role in setting local and regional priorities that address environmental and sustainable agriculture issues. During 2016–17, the Australian Government confirmed its commitment to extend the allocation from the Natural Heritage Trust by a further $1.1 billion over seven years from 2016–17 to 2022– 23. The National Landcare Program comprises a regional and a national funding stream.

Regional funding stream Under the regional stream, the Natural Heritage Trust is funding Australia’s 56 regional NRM organisations. This funding recognises the important role that NRM organisations have in delivering local and regional activities that protect the environment and deliver more sustainable agriculture. One of the requirements of regional funding is that all regional NRM organisations invest at least 20 per cent of their annual Australian Government funding in on-ground projects that are delivered

42 by, or directly engage, the local community. NRM organisations are investing more than $120 million in community NRM activities nationally to 2017–18. This includes direct funding for Indigenous NRM activities.

National funding stream National funding supports initiatives that protect and restore the environment and make agriculture more sustainable and productive. These initiatives include the 20 Million Trees Program and continuing commitments such as World Heritage and Indigenous Protected Areas (administered by the Department of the Prime Minister and Cabinet). More information is on the program’s website. www.nrm.gov.au/national-landcare-programme

43 Appendix 10: Operation of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Section 68 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 requires the Minister to prepare an annual report on the operation of the Act. This section meets this reporting requirement for 2015–16.

Operation To enable Australia to meet its international obligations, the Act provides for a licensing system for import, export and manufacture of ozone-depleting substances and synthetic greenhouse gases and equipment containing such substances and gases. The Act prohibits the import or manufacture of certain products (listed in Schedule 4 of the Act) that contain or use scheduled substances unless the Minister grants an exemption under section 40.

Significant developments during 2016–17

Amendments to the Act to provide for an HFC phase-down On 19 June 2017, the Parliament passed the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Act 2017, which provides for a phase-down of the level of imports of HFCs into Australia commencing from 1 January 2018. The Act amendments also include efficiency measures announced in the review of the Ozone Protection and Synthetic Greenhouse Gas Program including providing for licence renewals, reducing the frequency of reporting, increasing the low volume import exemption threshold and setting a threshold below which import and manufacture levies are no longer payable. Further detail is on our website. www.environment.gov.au/protection/ozone/legislation/opsggm-review

Reviewed administration of domestic use of scheduled substances In 2016–17, the Department reviewed the services provided for operation of the Commonwealth managed National Halon Bank (NHB). Halon is an aggressive ozone-depleting substance used as an extinguishing agent. It has been phased out under the Montreal Protocol, except for some essential uses where no viable alternative exists—such as aviation and some Defence platforms. The NHB was established to ensure halon was managed to the best environmental standard and only supplied for essential uses. A-Gas Australia was found to be satisfactorily delivering the operation of the halon bank to best environmental practice and the Department extended contractual arrangements for a further two-year term to end June 2019. The review of the Ozone Program found arrangements providing for the appointment of industry boards to deliver the end-use industry permit schemes effectively contributed to significant emissions reductions. On this basis the Department enacted its option to extend contractual arrangements with the Australian Refrigeration Council to continue its service as the industry board responsible for the Refrigeration and Air-conditioning Industry Permit Scheme to October 2018. The contractual arrangements for the Fire Protection Industry Board were put to market on the completion of the final term. Following a full open tender process the Department selected the Fire Protection Association, Australia as the successful service provider. The Fire Protection Association will continue delivery of the Fire Protection Industry Permit Scheme to October 2018. Further detail is on our website. www.environment.gov.au/protection/ozone/legislation

Import, export and manufacture licences The Minister or their delegate may issue four types of licences. Descriptions of these licence types are on our website. 44 www.environment.gov.au/protection/ozone/licences At 21 June 2017, there were 1095 licences active: 44 controlled substances licences 1046 ozone-depleting substances and synthetic greenhouse gas equipment licences four used substances licences one essential use licence. In 2016, Australia imported 2.48 ozone-depleting potential (ODP) tonnes of bulk hydrochlorofluorocarbons (HCFCs), which is significantly less than the quantity permitted under the Montreal Protocol (55 ODP tonnes). A further 0.0246 ODP tonnes of HCFCs were imported in refrigeration and air-conditioning equipment and are accounted for in the country where the equipment was manufactured. In 2016, Australia imported 442.85 ODP tonnes of methyl bromide, of which 17.85 ODP tonnes were imported for controlled uses (which is equal to our Montreal Protocol limit permitted by parties as a critical use exemption). www.environment.gov.au/protection/ozone/licences In 2016, Australia imported:

6504.903 carbon dioxide equivalent (CO2-e) kilotonnes of bulk hydrofluorocarbons

0.623 CO2-e kilotonnes of bulk perfluorocarbons

56.54 CO2-e kilotonnes of bulk sulfur hexafluoride.

Australia imported a further 4816.39 CO2-e kilotonnes of hydrofluorocarbons, 250.765 CO2-e kilotonnes of sulfur hexafluoride and 0.1314 CO2-e kilotonnes of perfluorocarbons in equipment.

End-use regulations The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 regulate the handling and use of ozone-depleting substances and synthetic greenhouse gases in the refrigeration, air-conditioning and fire protection industries and the uses of methyl bromide as a feedstock and as a fumigant for approved critical uses and quarantine and pre-shipment uses. Two competency-based industry permit schemes control the domestic end-use acquisition, storage, disposal, handling and trading of substances scheduled under the Act. The Australian Refrigeration Council administers refrigeration and air-conditioning industry permits. The Fire Protection Association Australia administers the Fire Protection Industry Permit Scheme on behalf of the Australian Government. Further information on the schemes is available from the industry board websites. www.fpaa.com.au and www.arctick.org At 30 June 2017, there were 1421 active industry permits consisting of: Fire protection: 125 extinguishing agent trading authorisations, 1254 extinguishing agent handling licences and 42 halon special permits under the scheme. For refrigeration and air-conditioning there were 18,347 refrigerant trading authorisations and 68,123 refrigerant handling licences.

Compliance and enforcement The Department conducts compliance and enforcement activities under the Act relating to the manufacture, import and export of ozone-depleting substances and synthetic greenhouse gases, including equipment containing these substances. In addition, over 2016–17, the Department developed a strategic intelligence capability, which will provide for improved understanding of the drivers of non-compliance in future years, and target our compliance strategy accordingly.

45 In cooperation with Australian Border Force, we have a range of monitoring and inspection arrangements to deal with non-compliance with the Act (see Table A10.1).

Table A10.1: Compliance activities under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, 2016–17

Compliance activities Total Potential non-compliance referred to the Department 214 Inspection of regulated premises 97 Investigations (import and domestic end use) 117 Compliance achieved (site visits, phone calls, other) 222a Other outcomes (targeted border controls, refusal of permits, no longer operating) 16 a Includes 107 from previous financial year.

Financial information The Act provides for the collection of licence application fees at the levels set under the Regulations and import and manufacturing levies set under the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 and the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995. Revenue received during 2016–17 from operation of the National Halon Bank and licence fees and levies is shown in Table A10.2.

Table A10.2: Ozone Protection and Synthetic Greenhouse Gas Special Account revenue, 2016–17

Activity Amount in 2016–17 ($) Levies 1,083,566 Licence fees 2,643,000 National Halon Bank sales and services 669,336 Refrigeration feesa 9,430,303 Penalties 59,053 Fire protection feesb 202,667 Total 13,967,077 a The Australian Refrigeration Council administers the Refrigeration and Air-conditioning Industry Permit Scheme and collects permit application fees on behalf of the Department. b The Fire Protection Association Australia administers the Fire Protection Industry Permit Scheme and collects permit application fees on behalf of the Department.

In 2016–17, the Department paid the Australian Refrigeration Council $5,782,311 (GST exclusive) for operating the Refrigeration and Air-conditioning Industry Permit Scheme and the Fire Protection Association Australia $582,683 (GST exclusive) for administering the Fire Protection Industry Permit Scheme.

46 Appendix 11: Operation of the Product Stewardship Act 2011 Section 107 of the Product Stewardship Act 2011 requires the Minister to provide an annual report on the operation of the Act. This section meets this reporting requirement for 2016–17.

Operation The Act provides for three levels of product stewardship: voluntary, co-regulatory and mandatory.

Voluntary product stewardship Part 2 of the Act provides for voluntary product stewardship. Under the Act, organisations can voluntarily seek accreditation from the Government for product stewardship arrangements and request permission to use product stewardship logos. No new voluntary product stewardship arrangements were accredited in 2016–17. The Department continued to work with the two existing approved arrangements: MobileMuster, administered by the Australian Mobile Telecommunications Association; and FluoroCycle, administered by the Lighting Council of Australia. www.environment.gov.au/topics/environment-protection/national-waste-policy/product- stewardship/voluntary-product

Co-regulatory product stewardship Part 3 of the Act provides for co-regulatory product stewardship. The National Television and Computer Recycling Scheme, set up by the Product Stewardship (Televisions and Computers) Regulations 2011, is the only co-regulatory scheme under the Act. The scheme sets industry-funded annual recycling targets for end-of-life televisions and computer products. Importers and manufacturers of these products fund collection and recycling through membership fees paid through industry-run co-regulatory arrangements. The Minister has approved four coregulatory arrangements to provide services under the scheme. These arrangements are administered by the Australia and New Zealand Recycling Platform, E-Cycle Solutions, Electronics Product Stewardship Australasia and MRI PSO Pty Ltd. The administrators of each of the four co-regulatory arrangements must ensure that the arrangements achieve the outcomes specified in the Act and Regulations. These include providing e-waste collection services to communities in metropolitan, regional and remote areas of Australia, meeting annual recycling targets and ensuring that at least 90 per cent of the materials derived from recycling e-waste are made available to be re-used in manufacturing new products. From 1 July 2016, there was a requirement that all recycling under the National Television and Computer Recycling Scheme be undertaken at facilities certified to Australian Standard 5377. Australian Standard 5377 sets requirements for the collection, storage, transport and treatment of end-of-life electrical and electronic equipment. E-waste recyclers not providing services to an approved co-regulatory arrangement under the scheme are not required to be certified to the standard. In June 2017, minor amendments were made to the Product Stewardship (Televisions and Computers) Regulations 2011 to ensure the product codes listed under Schedule 1D to the Regulations remained aligned with the codes listed in the Working Tariff. Details of these amendments can be found in the Product Stewardship (Televisions and Computers) Amendment (Product Codes) Regulations 2017. www.legislation.gov.au/Details/F2017L00703 In February 2017, an improvement notice was given to Electronic Product Stewardship Australasia, under section 29 of the Act, in relation to contravention of section 23 of the Act. Section 23 requires that the administrator of an approved co-regulatory arrangement take all reasonable steps to ensure the arrangement achieves its required outcomes. An assessment by the Department found 47 that Electronic Product Stewardship Australasia did not take all reasonable steps to ensure the arrangement met its recycling target in 2015–16.

Regulatory (mandatory) product stewardship Part 4 of the Act provides for mandatory product stewardship, where both requirements and outcomes are prescribed in regulations. No schemes have been established under these provisions of the Act.

Annual product list Section 108A of the Act requires the Minister to publish, each year, a list of classes of products proposed to be considered for some form of accreditation or regulation under the Act in the following year and the reason (or reasons) why these products are being considered. Publication of this annual product list gives the community and business certainty about products considered for coverage by the Act and provides the opportunity for them to contribute to analysis and development of options. The list of product classes under consideration in 2016–17 included plastic microbeads, electrical and electronic products, photovoltaic systems, batteries and plastic oil bottles.

Committee Section 108B(1) of the Act established the Product Stewardship Advisory Group to advise the Minister on products that may be considered for some form of accreditation or regulation under the Act in the next financial year. The Product Stewardship Advisory Group did not meet in 2016–17. The Australian Government has announced its intention to abolish the group—a change that will require amendments to the Act. The intention is that, after such amendments are made, the Minister will publish the annual product list and the Department will consult experts and industry.

Legislative amendments

Statute Update (Smaller Government) Bill 2017 The Statute Update (Smaller Government) Bill 2017 was introduced into the House of Representatives on 22 June 2017. It includes amendments to the Product Stewardship Act 2011 to repeal the Product Stewardship Advisory Group.

48 Appendix 12: Operation of the Product Stewardship (Oil) Act 2000 Section 35 of the Product Stewardship (Oil) Act 2000 requires the Minister to prepare an annual report about the operation of the product stewardship arrangements for oil (including the Act). This section meets this reporting requirement for 2016–17.

Operation The program provides economic incentives for the environmentally sustainable management, re- refining and re-use of used oil. A levy on oil sales helps fund the cost of recycling used oil. The Department has policy responsibility for the program, but it is administered by the Australian Taxation Office. The Treasurer sets the levy rate under separate legislation. On 1 July 2014, the Treasurer increased the product stewardship oil levy to 8.5 cents per litre of lubricant or equivalent oil. The levy applies to both domestically produced and imported oil. The levy is collected as an excise by the Australian Taxation Office and as customs duty by the Department of Immigration and Border Protection. Exported oil is not levied. The information below is provided directly from the ANAO-audited annual report of the Australian Tax Office administration of the Product Stewardship for Oil scheme and does not include amounts collected by the Department of Immigration and Border Protection.

Overview of outlays and collections During 2016–17, the ATO processed 422 claims for Product Stewardship for Oil (PSO) Program benefits totaling $71.85 million (Table A12.1). This represents a 20 per cent decrease in the number of claims lodged but a 15 per cent increase in outlays from the previous year. The decrease in the number of claims lodged is due to a major recycling client exiting the scheme. The increase in outlays was expected due to the increase in Category 1 claims. The product stewardship (oil) levy (excise duty) collected in 2016–17 was $33.94 million, which is a 16 per cent increase over the $29.30 million collected in the previous year (Table A12.2). The increase in levy collected includes increased duty collections on re-refined base oil as a consequence of the greater volumes of this product being produced.

Table A12.1: Product stewardship (oil) benefit payments, by category, 2016–17

Product Product description Volume Benefit paid category (litres) 2016– 2016–17 17 1 Re-refined base oil (for use as a lubricant or a hydraulic 125,059,164 $62,529,582 or transformer oil) 2 Other re-refined base oils 2,431,850 $243,185 3 Diesel fuels that comply with the Fuel Standard 0 0 (Automotive Diesel) Determination 2001, as in force from time to time 4 Diesel extenders: 0 0 (a)that are filtered, de-watered and de-mineralised (b) that, if combined with diesel fuels, would produce a combined fuel that complies with the determination mentioned in category 3 5 High-grade industrial burning oils (filtered, de-watered 126,267,932 $6,313,397 and demineralised) 49 Product Product description Volume Benefit paid category (litres) 2016– 2016–17 17 6 Low-grade industrial burning oils (filtered and 0 0 de-watered) 7 Industrial process oils and lubricants, including 0 0 hydraulic and transformer oils (re-processed or filtered, but not re-refined) 8 Specific oils used in eligible uses 32,683,951 $2,770,621 Total 286,442,897 $71,856,785 Source: RAB: 2015–16 on 03/08/2016 and 2016–17 on 28/07/2017 and certified by ANAO on 15/09/2017 as part of the ATO’s ANAO audited 2016–17 Financial Statements.

Table A12.2: Product stewardship (oil) levy (excise) collected 2016–17

Tariff Item Product Approved duty Approved volume 2016–17 litres 2016–17 15.1 Petroleum-based oils (not greases) $25,668,711 301,984,840 15.2 Petroleum-based oils—recycled (not $7,301,596 87,873,125 greases) 15.3 Petroleum-based greases $970,808 11,421,264 Total $33,941,115 399,279,228 Sources: ATO Data Warehouse 6/07/2017 and RAB: 2015–16 on 03/08/2016 and 2016–17 on 28/072017 and certified by ANAO 15/09/2017 as part of the ATO’s ANAO audited 2016–17 Financial Statements. Please note above figures have been rounded.

Table A12.3: Drawbacks and refund claims 2016–17

Tariff item no Excise claim type Amount No of claims 2016–17 2016–17 1501 Drawback $3,223,132 79 1501 Refund $141,756 12 1502 Drawback $1,007,919 4 1503 Drawback $42 1 Total $4,372,849 96 Sources: ATO Data Warehouse 6/07/2017 and RAB 2015–16 on 03/08/2016 and 2016–17 on 28/072017.

Committee Part 3 of the Act establishes the Oil Stewardship Advisory Council to advise the Minister about product stewardship arrangements for oils, recovering and recycling used oil, regulations under section 10 (working out the amount of product stewardship benefits), the state of the oil production and oil recycling industries, and other matters specified by the Minister. The Australian Government intends to amend the Act to abolish the council. The Department will consult experts and industry on oil product stewardship matters.

Legislative amendments The Product Stewardship (Oil) Act 2000 is independently reviewed every four years. In June 2017, the Attorney-General agreed to undertake a thematic review of all associated legislation as part of the Fourth Independent Review, scheduled to begin in early 2018. This involved the alignment of associated legislative instruments due to sunset 1 October 2017. The Attorney-General’s decision

50 realigns the sunsetting dates for these instruments and associated Product Stewardship (Oil) legislation to 1 October 2021.

Statute Update (Smaller Government) Bill 2017 The Statute Update (Smaller Government) Bill 2017 was introduced into the House of Representatives on 22 June 2017. It includes amendments to the Product Stewardship (Oil) Act 2000 to repeal the Oil Stewardship Advisory Council.

51 Appendix 13: Operation of the Water Act 2007 The Water Act 2007 requires annual reports on the operation of specific parts of the Act. Section 114 of the Act requires the Commonwealth Environmental Water Holder to provide an annual report to the Minister on its operations during that year. This section meets this reporting requirement for 2016–17.

Operation

Performance against Basin annual environmental watering priorities The Department is responsible for administering Part 6 of the Act, which establishes the Commonwealth Environmental Water Holder. Under section 114(2)(a) of the Act, the Commonwealth Environmental Water Holder must provide particulars of achievements against the objectives of the environmental watering plan. This requirement is met through reporting on volumes of Commonwealth environmental water delivered against the Basin annual environmental watering priorities (outlined in Table A13.1). The total volume of Commonwealth environmental water delivered against the Basin annual environmental watering priorities in 2016–17 was 1453 GL. Wherever possible, Commonwealth environmental water holdings are used to achieve multiple outcomes through contributing water to many environmental assets during each watering action. Because of this, the volume of Commonwealth environmental water delivered against the Basin annual environmental watering priorities appears greater in Table A13.1 than the total volume of 1453 GL that was released from water storages or allocated through supplementary announcements and unregulated flows.

Table A13.1: Decisions made by the Commonwealth Environmental Water Holder on the use of Commonwealth environmental water in 2016–17

Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities Improve the condition of Up to 150 GL of Commonwealth regulated environmental water was wetland vegetation made available for a mid-Murrumbidgee reconnection event. communities in the This event did not proceed due to the wetlands being inundated mid-Murrumbidgee naturally by the floods that occurred in spring 2016. This water was wetlands that provide critical subsequently used for other priorities in the Murrumbidgee system habitat for threatened with the remaining amount carried over to support a reconnection species and communities event in 2017–18. Improve the health and Commonwealth environmental water contributed an estimated complexity of waterbird 5.6 GL of the 18 GL that entered the Narran Lakes system, rookery habitat in northern inundating over 1500 ha of wetland area, in late 2016. This included Narran Lakes system most of the northern Narran Lakes system (e.g. Back, Clear, Long Arm). The health and complexity of lignum communities (identified as core rookery habitat) improved following inundation which lasted close to 60 days around Clear Lake. Prevent further critical From November 2016 to June 2017, over 160 GL of Commonwealth deterioration of Moira grass environmental water was delivered in the Mid-Murray as part of a in Barmah–Millewa Forest, ‘whole of system’ watering event contributing to multiple priorities subject to resolving natural throughout the Southern Connected Basin. This included 39 GL resource management delivered between November and December 2016, which supported issues other sources of environmental water (from the Victorian November 2016 Environmental Water Holder, The Living Murray and Barmah– addendum: Prevent further Millewa Environmental Water Allowance) to extend the inundation of critical deterioration of Moira the Barmah–Millewa Forest and improve the health of Moira grass 52 Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities grass in Barmah–Millewa as well as supporting other environmental outcomes at the site (see Forest, subject to resolving waterbird priorities) and downstream. natural resource Moira grass was observed growing in areas from which it had management issues. previously disappeared. Growth and flowering across the forests was reported as developing but inconsistent. Future growth is expected to be more consistent following the Victorian Government’s decision to implement measures to limit the incursion of feral horses into sensitive Moira grass areas of the Barmah– Millewa Forest. Support waterbird The 39 GL of Commonwealth environmental water delivered to the populations by watering Barmah–Millewa Forest also supported breeding and feeding critical breeding and feeding habitat for waterbirds in the forest. Thousands of straw-necked and habitat at the important Australian white ibis, royal spoonbill, Australasian darter, basin environmental assets cormorants, nankeen night-heron and eastern great and for waterbirds, and intermediate egrets were recorded nesting across the forests coordinate watering between late spring and early summer 2016. High abundances ecologically linked systems, (relative to previous years) of Australasian bitterns (EPBC Act Macquarie Marshes and endangered) were also recorded in December 2016. Narran Lakes Approximately 90 GL of Commonwealth environmental water and 10 GL of New South Wales environmental water was delivered to the Great Darling Anabranch between February and June 2017, which supported feeding habitat for waterbirds. High abundances (i.e. hundreds to thousands) of grey teal and pink-eared duck and Eurasian coot were observed along the length of the anabranch. Lower abundances of waterbirds of conservation significance, including blue-billed and freckled duck, were observed during the flow event. Over 618 GL of Commonwealth environmental water was delivered to the Coorong, Lower Lakes and Murray Mouth during 2016–17. These flows contributed to improved conditions in the Coorong. However, the higher water levels reduced the area of mud flats available for waterbird feeding. In the Murrumbidgee, 15.5 GL of Commonwealth supplementary environmental water was delivered to Nimmie–Caira to maintain the ecological health and resilience of wetland and floodplain vegetation, providing foraging and breeding habitat for a range of waterbird species. A further 5 GL of Commonwealth supplementary environmental water was delivered to the Western Lakes of the Murrumbidgee to provide suitable habitat for waterbirds. Preliminary results show that waterbird numbers greatly increased following environmental watering. A total of 7.25 GL of Commonwealth supplementary environmental water was delivered to the Macquarie Marshes between June and December 2016. This helped inundate and support suitable nesting (reeds) and foraging (water couch) habitat, contributed to an increase in available food resources and supported colonial waterbird breeding. Commonwealth environmental water contributed to inundating approximately 3365 ha of the Western Floodplain and supporting

53 Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities floodplain vegetation, including waterbird habitat, and is expected to support some small-scale waterbird breeding. Commonwealth environmental water made a significant contribution to inundating over 1500 ha of wetland area across the Narran Lakes in late 2016, including important breeding habitat. Many species of waterbirds were observed to be foraging during inundation, but there was no evidence of colonial breeding. It was not feasible to specifically coordinate watering between the Macquarie Marshes and Narran Lakes in 2016–17. Capitalise on opportunities In the Murrumbidgee, 13.4 GL of Commonwealth regulated to support waterbird environmental water was delivered to Nimmie–Caira to successfully breeding support naturally triggered waterbird breeding events to completion. November 2016 This included successful breeding of large ibis colonies at addendum: Capitalise on Telephone Bank and Eulimbah Swamp in the Nimmie–Caira, and opportunities to support the first recorded pelican breeding event in the Lowbidgee at Is-Y- waterbird breeding. Sites in Coed, with an estimated 6000 pelican nests in the colony. the Lachlan, Macquarie and A further 5 GL was delivered to Wanganella Swamp, 844 ML to Murray catchments now North Redbank, and 2155 ML to Yanga National Park to show potential for successfully support naturally triggered waterbird breeding events to successful waterbird completion. breeding in the coming Between January and March 2017, 1.3 GL of Commonwealth months. At these sites, environmental water was delivered to support a colonial nesting environmental water should waterbird breeding event in the Booligal Wetlands of the Lachlan be used to sustain the River. This was the second of two waterbird colonies that duration and depth of successfully bred in this wetland, with the larger colony supporting inundation so that the over 100,000 nests. This wetland complex has received waterbirds can reproduce environmental water over several watering years aimed at successfully. maintaining the condition of the vegetation to support waterbird breeding and foraging opportunities. Commonwealth environmental water (9 GL) together with 21 GL of New South Wales environmental water, contributed to inundation of semi-permanent wetland vegetation in the Gwydir Wetlands during the summer of 2016–17. These flows helped to maintain the critical feeding and breeding habitat of the watercourse in a good condition and supported breeding of resident waterbird populations. Over 17 GL of Commonwealth environmental water was delivered in conjunction with 29.4 GL of New South Wales environmental water to the Macquarie Marshes to support the completion of a naturally triggered colonial waterbird breeding event by maintaining water levels, feeding, foraging and breeding habitat. A further 30.2 GL of Commonwealth environmental water (with 3.8 GL of New South Wales environmental water) was delivered to the mid and lower Macquarie River to support native fish. This water also inundated important waterbird feeding and foraging habitat in the Macquarie Marshes. At least 21 active waterbird colonies were identified across the Macquarie Marshes (a total of 15 colonial waterbird species nesting across these sites). These active colonies included two large straw-necked ibis colonies consisting of approximately 36,000 nests. Environmental water prolonged inundation and maintained or increased water levels at colony sites. This is expected to have

54 Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities maintained feeding, foraging and breeding habitat, deterred ground based predators, extended the nesting period and potentially increased the success rate for late-nesting species such as royal spoonbills, egrets, night heron and cormorants. Contribute to the long-term The Mid-Murray ‘whole-of-system’ flows (over 160 GL) delivered recovery of silver perch by between November 2016 and June 2017 contributed to maintaining improving existing in-stream habitat (when flows would otherwise have been populations and enhancing unnaturally low) and increasing the availability of food resources for conditions for recruitment several fish species, including silver perch. By maintaining elevated and dispersal to and from river levels between January and June 2017, including connecting suitable habitat flows to Toupna Creek in Millewa Forest, additional habitat was November 2016 provided. This has enabled native fish, such as silver perch, to addendum: Contribute to move between different habitat types to access a range of the long-term recovery of resources required at various life stages. threatened fish species, A coordinated fish pulse in the Murray, Goulburn and Campaspe including silver perch, rivers was undertaken targeting the movement and recruitment of through range expansion large-bodied native fish, such as silver perch. This included around and establishment of new 60 GL of Commonwealth environmental water delivered in the populations. Goulburn River in March 2017. A number of silver perch were tagged at Torrumbarry Weir, which allowed their movements to be tracked upstream. A proportion of the tagged fish entered the Campaspe and Goulburn Rivers. Many fish then remained in the Campaspe and Goulburn Rivers, while others returned to the main river channel on the recession of the pulse. Continuous baseflows in the Goulburn River, Campaspe and Loddon in 2017 supported further in-stream habitat for native fish, including silver perch. In autumn 2017, 47.5 GL of Commonwealth regulated environmental water was delivered in-stream through the Murrumbidgee system to provide movement and recruitment opportunities for native fish, including for silver perch, and to support hydrological connectivity, biotic and nutrient dispersal, riparian vegetation and water quality. Commonwealth (2.6 GL) and New South Wales (3.8 GL) environmental water was delivered to the mid-Macquarie River and Macquarie Marshes to provide opportunities for the post-spawning dispersal of native fish, including silver perch. A further 27.6 GL of Commonwealth environmental water was delivered specifically to provide longitudinal connection between the mid-Macquarie River and the Barwon River (through the Macquarie Marshes and the lower Macquarie) to support the movement of native fish, including silver perch. Preliminary monitoring indicated that silver perch were present in the lower Macquarie system. It is expected that these actions designed to support native fish would have provided opportunities for dispersal to and from suitable habitat. 7.8 GL of Commonwealth environmental water was delivered to support the conservation stocking of silver perch fingerlings in the Namoi River by maintaining flows. This provided connectivity and access to habitat along the length of the Namoi River to the Barwon River. It also provided opportunities for fish to migrate from the Barwon River into the Namoi River. A further 1.2 GL of Commonwealth environmental water was delivered in the Peel

55 Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities River in conjunction with the 5 GL of New South Wales Peel River environmental contingency allowance. These flows provided the opportunity for silver perch (and other native fish) to move upstream into the higher reaches of the Peel River and maintain flows to support juvenile native fish. Support viable populations The Mid-Murray ‘whole-of-system’ flows and connection with of threatened native fish by Toupna Creek supported threatened native fish. Monitoring protecting drought refuges conducted in Toupna Creek recorded the presence of threatened and maintaining in-stream fish (Murray cod and trout cod) using this off-channel habitat within habitats and essential the period of Commonwealth environmental water delivery in the functions Mid-Murray. Over 20 GL of Commonwealth environmental water was delivered at Gunbower Creek to maintain populations of threatened fish, including silver perch, Murray cod and trout cod. Monitoring of fish populations in Gunbower Creek since 2008 indicates that the population structure of Murray cod is improving. Over 70 GL of Commonwealth environmental water supported a population of Murray cod and their critical habitat in the Lower Darling River between December 2016 and June 2017. Commonwealth environmental water, in conjunction with water from The Living Murray, was delivered to support viable populations of threatened native fish. Operational releases to meet downstream consumptive demands were also delivered during this period. Commonwealth environmental water was delivered between December 2016 and January 2017, and April to June 2017, to inundate habitat critical to the survival of Murray cod larvae following the largest spawning event recorded in the Lower Darling River in 20 years. Delivery of Commonwealth environmental water maintained habitat (including physical and chemical i.e. water quality) for fish at a range of life stages from young-of-year to mature adults and increased the availability of appropriately sized food resources for larvae and fingerlings as well as dispersing larvae to downstream areas of the Lower Darling River. 29.5 GL of Commonwealth environmental water was delivered from Lake Victoria in late December 2016 to provide refuge habitat from hypoxic blackwater for fish in the Rufus River. This action was undertaken in conjunction with water from The Living Murray program. Monitoring by SA Water found a significant increase in dissolved oxygen levels in Rufus River (compared with the main channel). Anecdotal evidence at the time suggested that fish were using the refuge habitat provided by the flows into the Rufus River from Lake Victoria. In response to the significant hypoxic blackwater event that occurred in the lower Murrumbidgee as a result of the spring 2016 flooding, 151 GL of Commonwealth regulated environmental water was delivered in November and December 2016. These flows targeted improvements to water quality and provided in-channel refuge habitat and movement opportunities for native fish and other aquatic animals. In response to the significant hypoxic blackwater event that occurred in the Lachlan River as a result of the spring 2016 flooding, 28 GL of Commonwealth environmental water was 56 Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities delivered in November and December 2016. This targeted improvements to water quality and provided in-channel refuge habitat and movement opportunities for native fish and other aquatic animals. A portion of this flow was redirected to contribute to outcomes in the Lower Lachlan, including the waterbird breeding event in the Booligal Wetlands. Commonwealth environmental water was delivered in the Colligen– Neimur Creek System (3.2 GL), Edward River (75 GL) and Wakool River (29 GL) in late 2016 to provide escape flows for native fish from hypoxic blackwater events occurring after the spring flooding. These flows assisted in maintaining in-stream refuge habitat and essential functions during this period. Summer flows to support native fish condition, spawning and movement were also provided to the Colligen–Neimur, Wakool– Yallakool and Merran Creek systems followed by winter flows. These summer and winter flows supported viable populations of threatened native fish. Total in-stream water use for these actions was 53 GL. Commonwealth (2.6 GL) and New South Wales (3.8 GL) environmental water was delivered to the mid-Macquarie River and Macquarie Marshes to provide opportunities for the post-spawning dispersal of native fish, including threatened species such as Murray cod, silver perch, trout cod and freshwater catfish. A further 27.6 GL of Commonwealth environmental water was delivered specifically to provide connection from the mid-Macquarie River through the Macquarie Marshes and the lower Macquarie to the Barwon River to support the movement of native fish, including silver perch. It is expected that these flows provided access to additional habitat and an opportunity to increase genetic diversity and fish condition, which will improve the long-term viability of native fish populations, including those threatened species. Commonwealth environmental water (10 GL in total) supported native fish such as silver perch in the Namoi and Peel rivers by maintaining flows, supporting access to habitat and providing longitudinal connectivity along these rivers. Maximise opportunities for The Mid-Murray ‘whole-of-system’ flows delivered during range expansion and the November 2016 to June 2017 contributed to several fish priorities, establishment of new including maximising opportunities for range expansion and the populations of silver perch establishment of new populations of silver perch and other and other threatened fish as threatened native fish through improved connectivity and flow conditions allow conditions in tandem with increased flows from other river and creek systems. The coordinated fish pulse in the Murray, Goulburn and Campaspe rivers supported native fish (including golden perch and silver perch) to move upstream and access new habitat. Low abundances of silver perch have been consistently recorded in these tributaries over several years—this movement is important for improving the population structure of this species in these rivers. Over the past two years, endangered trout cod have been found below Shepparton, on the Goulburn River, which may indicate a recent expansion in range since 2003, when they were only found further

57 Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities upstream. Commonwealth environmental water delivered into the Lower Darling River and the Great Darling Anabranch contributed to several fish priorities, including supporting Murray cod recruitment in the Lower Darling and dispersing juvenile golden perch and other native fish from the Menindee Lakes to the southern Basin. Commonwealth environmental water (27.6 GL) was delivered specifically to provide connection from the mid-Macquarie River through the Macquarie Marshes and the lower Macquarie to the Barwon River to support the movement of native fish. This is expected to have provided dispersal, movement and range expansion opportunities for native fish, including threatened species. A small volume of Commonwealth supplementary entitlement (6.35 GL) was taken in the Mehi River and Carole Creek during large to natural spring flows to contribute to downstream connectivity to the Barwon river. Maintain waterholes in the Commonwealth environmental water made a significant contribution Lower Balonne Floodplain to end-of-system flows in the Lower Balonne Floodplain in late to provide critical refuge for 2016. Of the 71 GL (un-extractable water) estimated to have flowed water-dependent species through to the end of the system, Commonwealth entitlements November 2016 contributed approximately 28 GL (17 GL in flow to the Barwon– addendum: Maintain Darling and 5.6 GL increase to Narran Lakes). As inflows also inundation of floodplain reached the distributary channels, important downstream outcomes areas for sufficient duration would have included refilling all waterholes, including critical refugia, to: freshen groundwater; across the floodplain. reduce soil salinity; improve Commonwealth environmental water contributed to maintaining health of mature trees; and inundation of approximately 3365 ha of the Western Floodplain at promote recruitment of long- Toorale. 15.5 GL of Commonwealth environmental water was lived floodplain vegetation, delivered to Nimmie-Caira to inundate wetland and floodplain including seed set and vegetation. The inundation of floodplain in both these areas is germination. expected to have contributed to improving the quality of groundwater and soil salinity as well as improving the ecological health, resilience and recruitment of wetland and floodplain vegetation. Protect aquatic habitat Over 618 GL of Commonwealth environmental water was delivered conditions in the Coorong to the Coorong, Lower Lakes and Murray Mouth during 2016–17. and support native fish This water contributed to protecting aquatic habitat by maintaining movement by optimising water quality to levels suitable for aquatic vegetation, and supported flows into the Coorong and the native fish movement through the site by contributing to through the Murray Mouth attractant and fishway flows over the barrages and into the Coorong November 2016 and Murray Mouth. Flows through fishways have been maintained addendum: Protect aquatic throughout the 2016–17 water year. habitat conditions in the Due to the magnitude of the 2016 floods, there was no need to build Coorong and support native on unregulated flows at the South Australia border from October to fish movement by December. Instead, the majority of Commonwealth environmental optimising flows into the water was used on the recession of the high flows experienced in Coorong and through the 2016 to allow continuous elevated barrage flows (greater than 2 Murray Mouth. In particular, GL/day) throughout January to early April 2017. These flows likely promote Ruppia recruitment contributed to extended estuarine habitat for fish, as well as by elevating water levels in improved water quality conditions for Ruppia tuberosa—a keystone

58 Basin annual environmental Decisions on and use of Commonwealth environmental water watering priorities the Coorong from October species identified as important for small bodied fish—in the South to December by building on Lagoon of the Coorong. the unregulated flows with environmental water.

Amendments to Part 6 of the Water Act 2007 The Act was amended on 2 May 2016, implementing recommendations of the 2014 independent review of the Act. Changes to Part 6 of the Act, which is administered by the Environment portfolio, relate to the Commonwealth Environmental Water Holder’s trade and reporting provisions. The amendments increase the flexibility of the Commonwealth Environmental Water Holder to sell Commonwealth environmental water allocations and use the proceeds for environmental activities that will improve the capacity of the water holdings to meet the objectives of the Murray–Darling Basin Plan’s environmental watering plan. The amendments also require the Commonwealth Environmental Water Holder to report annually on disposals of Commonwealth environmental water holdings and the use of disposal proceeds during the year.

Trade The Commonwealth Environmental Water Holder did not sell (dispose of) Commonwealth water allocations or entitlements during 2016–17.

Management of the Environmental Water Holdings Special Account The Environmental Water Holdings Special Account was established under the Act for the payment of costs, expenses and other obligations incurred in managing Commonwealth environmental water holdings. At the start of 2016–17, the special account balance was $69.361 million. Funding of $0.141 million was credited to the account in 2016–17. During 2016–17, $17.692 million was spent on annual water entitlement fees and allocation delivery costs (including use fees and pumping). This accounted for approximately 75 per cent of total expenditure for the year. As at 30 June 2017, the special account balance was $45.988 million. Of this, $19.730 million is committed for long-term intervention monitoring and evaluation activities, environmental watering actions and other projects. The uncommitted balance of $26.272 million includes $9.708 million in proceeds from the disposal (sale) of water allocations through the Goulburn trade ($6,457,669) in 2015–16 and the Gwydir and Peel trades ($3,249,930) in 2013–14. The remaining uncommitted funds will be used for the payment of costs, expenses and other obligations incurred in managing Commonwealth environmental water holdings during 2017–18, with the proceeds of trade from previous years set aside to be used in accordance with the requirements of section 106 of the Act. The main categories of expenditure in 2016–17 are shown in Table A13.2.

Table A13.2: Environmental Water Holdings Special Account expenditure, 2016–17

Category of expense Total costs ($ million) Fees and charges for entitlement holdings and allocation deliverya 17.692 Monitoring and evaluation 4.579 Development and maintenance of environmental registers and water 0.080 accounting systems Grants 0.292

59 Category of expense Total costs ($ million) Hydrological modelling services 0.191 Legal services 0.053 Commonwealth environmental water projects and market analysis 0.628 Totalb 23.514 a Fees and charges include: $12.149 million for annual water entitlement fees; $5.374 million for allocation use fees paid to state water authorities for the operation, maintenance and replacement of rural water infrastructure; $0.002 million for water allocation transfer fees; and $0.168 million for allocation pumping costs. b Total may be ± 0.001 due to rounding.

Directions given to the Commonwealth Environmental Water Holder No directions were given to the Commonwealth Environmental Water Holder in 2016–17 by the Minister or the Secretary of the Department.

60 Appendix 14: Compliance index—List of PGPA Rule requirements Description Requirement Page number Letter of transmittal A copy of the letter of transmittal signed and dated by the Mandatory iii Accountable Authority on date final text approved, with statement that the report has been prepared in accordance with section 46 of the PGPA Act and any enabling legislation that specifies additional requirements in relation to the annual report. Aids to access Table of contents Mandatory v–vi Alphabetical index Mandatory 360–368 Glossary of abbreviations and acronyms Mandatory 348–356 List of requirements Mandatory 341–344 Details of contact officer(s) Mandatory iv Entity’s website address Mandatory iv Electronic address of report Mandatory iv Review by Accountable Authority A review by the Accountable Authority of the entity. Mandatory 2–3 Overview of the entity A description of the role and functions of the entity. Mandatory 15 A description of the organisational structure of the entity. Mandatory 15–19 A description of the outcomes and programs administered by the Mandatory 15–19 entity. A description of the purposes of the entity as included in Mandatory 22–23 corporate plan. An outline of the structure of the portfolio of the entity. Portfolio 15–19 departments— mandatory Where the outcomes and programs administered by the entity If applicable, 22–23 differ from any Portfolio Budget Statement, Portfolio Additional mandatory Estimates Statement or other portfolio estimates statement that was prepared for the entity for the period, include details of variation and reasons for change. Report on the performance of the entity Annual performance statements Annual performance statements in accordance with paragraph Mandatory 21–143 39(1)(b) of the PGPA Act and section 16F of the PGPA Rule. Report on Financial Performance A discussion and analysis of the entity’s financial performance. Mandatory 11–15 A table summarising the total resources and total payments of Mandatory 279–280, the entity. 281–286 If there may be significant changes in the financial results during If applicable, 11–15 61 Description Requirement Page number or after the previous or current reporting period, information on mandatory those changes, including: the cause of any operating loss of the entity; how the entity has responded to the loss and the actions that have been taken in relation to the loss; and any matter or circumstances that it can reasonably be anticipated will have a significant impact on the entity’s future operation or financial results. Management and Accountability Corporate governance Information on compliance with section 10 (fraud systems). Mandatory 149–150 A certification by Accountable Authority that fraud risk Mandatory 278 assessments and fraud control plans have been prepared. A certification by Accountable Authority that appropriate Mandatory 278 mechanisms for preventing, detecting incidents of, investigating or otherwise dealing with, and recording or reporting fraud that meet the specific needs of the entity are in place. A certification by Accountable Authority that all reasonable Mandatory 278 measures have been taken to deal appropriately with fraud relating to the entity. An outline of structures and processes in place for the entity to Mandatory 146–150 implement principles and objectives of corporate governance. A statement of significant issues reported to Minister under If applicable, 150 paragraph 19(1)(e) of the PGPA Act that relates to non- mandatory compliance with Finance law and action taken to remedy non- compliance. External scrutiny Information on the most significant developments in external Mandatory 155–162 scrutiny and the entity’s response to the scrutiny. Information on judicial decisions and decisions of administrative If applicable, 155–162 tribunals and by the Australian Information Commissioner that mandatory may have a significant effect on the operations of the entity. Information on any reports on operations of the entity by the If applicable, 160–162 Auditor General (other than a report under section 43 of the Act), mandatory a Parliamentary Committee, or the Commonwealth Ombudsman. Information on any capability reviews on the entity that were If applicable, Not released during the period. mandatory applicable Management of human resources An assessment of the entity’s effectiveness in managing and Mandatory 171–180 developing employees to achieve entity objectives. Statistics on the entity’s APS employees on an ongoing and non- Mandatory 171–173 ongoing basis; including the following: Statistics on staffing classification level; Statistics on full-time employees; Statistics on part-time employees; Statistics on gender; Statistics on staff location; Statistics on employees who identify as Indigenous. 62 Description Requirement Page number Information on any enterprise agreements, individual flexibility Mandatory 175–177 arrangements, Australian workplace agreements, common law contracts and determinations under subsection 24(1) of the Public Service Act 1999. Information on the number of SES and non-SES employees Mandatory 175–177 covered by agreements etc. identified in paragraph 17AG(4)(c). The salary ranges available for APS employees by classification Mandatory 171 level. A description of non-salary benefits provided to employees. Mandatory 177 Information on the number of employees at each classification If applicable, Not level who received performance pay. mandatory applicable Information on aggregate amounts of performance pay at each If applicable, Not classification level. mandatory applicable Information on the average amount of performance payment, and If applicable, Not range of such payments, at each classification level. mandatory applicable Information on aggregate amount of performance payments. If applicable, Not mandatory applicable Assets management An assessment of effectiveness of assets management where If applicable, 180 asset management is a significant part of the entity’s activities. mandatory Purchasing An assessment of entity performance against the Commonwealth Mandatory 181 Procurement Rules. Consultants A summary statement detailing the number of new contracts Mandatory 181 engaging consultants entered into during the period; the total actual expenditure on all new consultancy contracts entered into during the period (inclusive of GST); the number of ongoing consultancy contracts that were entered into during a previous reporting period; and the total actual expenditure in the reporting year on the ongoing consultancy contracts (inclusive of GST). A statement that “During [reporting period], [specified number] Mandatory 181 new consultancy contracts were entered into involving total actual expenditure of $[specified million]. In addition, [specified number] ongoing consultancy contracts were active during the period, involving total actual expenditure of $[specified million].” A summary of the policies and procedures for selecting and Mandatory 181 engaging consultants and the main categories of purposes for which consultants were selected and engaged. A statement that “Annual reports contain information about actual Mandatory 181 expenditure on contracts for consultancies. Information on the value of contracts and consultancies is available on the AusTender website.” Australian National Audit Office access clauses If an entity entered into a contract with a value of more than If applicable, 183 $100,000 (inclusive of GST) and the contract did not provide the mandatory Auditor General with access to the contractor’s premises, the

63 Description Requirement Page number report must include the name of the contractor, purpose and value of the contract, and the reason why a clause allowing access was not included in the contract. Exempt contracts If an entity entered into a contract or there is a standing offer with If applicable, 182 a value greater than $10,000 (inclusive of GST) which has been mandatory exempted from being published in AusTender because it would disclose exempt matters under the FOI Act, the annual report must include a statement that the contract or standing offer has been exempted, and the value of the contract or standing offer, to the extent that doing so does not disclose the exempt matters. Small business A statement that “[Name of entity] supports small business Mandatory 183 participation in the Commonwealth Government procurement market. Small and Medium Enterprises (SME) and Small Enterprise participation statistics are available on the Department of Finance’s website.” An outline of the ways in which the procurement practices of the Mandatory 183 entity support small and medium enterprises. If the entity is considered by the Department administered by the If applicable, 183 Finance Minister as material in nature—a statement that “[Name mandatory of entity] recognises the importance of ensuring that small businesses are paid on time. The results of the Survey of Australian Government Payments to Small Business are available on the Treasury’s website.” Financial statements Inclusion of the annual financial statements in accordance with Mandatory 187–275 subsection 43(4) of the Act. Other mandatory information If the entity conducted advertising campaigns a statement that If applicable, Not “During [reporting period], the [name of entity] conducted the mandatory applicable following advertising campaigns: [name of advertising campaigns undertaken]. Further information on those advertising campaigns is available at [address of entity’s website] and in the reports on Australian Government advertising prepared by the Department of Finance. Those reports are available on the Department of Finance’s website.” If the entity did not conduct advertising campaigns, a statement to If applicable, 184 that effect. mandatory A statement that “Information on grants awarded by [name of If applicable, 182 entity] during [reporting period] is available at [address of entity’s mandatory website].” Outline of mechanisms of disability reporting, including reference Mandatory 179–180 to website for further information. Website reference to where the entity’s Information Publication Mandatory 162 Scheme statement pursuant to Part II of FOI Act can be found. Correction of material errors in previous annual report. If applicable, 345 mandatory Information required by other legislation: Mandatory

64 Description Requirement Page number Work health and safety; 162–165 Ecologically sustainable development and environmental 166–171 performance; 184 Advertising and marketing expenditure.

65 Appendix 15: Corrections to material errors in the 2015–16 Annual Report The following are corrections to minor errors included in the Department’s 2015–16 annual report: Page 24 incorrectly stated that, ‘The list of round five projects was released in May 2016 …’. This should have indicated that the Green Army Round Five Project Guidelines were released in May 2016. Page 28, Table 2.6 should state 62 projects under the second grant round (not 63). On page 251, the number of places on the Commonwealth Heritage List was reported incorrectly as 396, and should have read 397.

66 NAVIGATION AIDS

67 Glossary Term Meaning Activities The PGPA Act defines activities as the actions and/or efforts performed by a Commonwealth entity or Commonwealth company to deliver government objectives and achieve desired results. Australian The national energy market rule maker and market development body. The Energy Market AEMC makes rules under the National Electricity Law, the National Gas Law Commission and the National Energy Retail Law. These rules impact on how companies can operate and participate in the competitive generation and retail sectors. The AEMC governs the economic regulation of electricity transmission and distribution network services and gas pipelines and advises the COAG Energy Council on strategic issues affecting energy markets. Australian The independent market and systems operator for the national energy markets. Energy Market AEMO is responsible for operating Australia’s gas and electricity markets and Operator power systems. AEMO also provides critical planning, forecasting and power systems information, security advice, and services to its stakeholders. Australian The national energy regulator. The AER functions, mostly related to energy Energy markets in eastern and southern Australia, include monitoring wholesale Regulator electricity and gas markets and regulating retail energy markets. The AER also supports the COAG Energy Council with regular briefings on energy market activity and by providing advice on energy market issues as they arise. Biodiversity The term biodiversity is a contraction of, and synonymous with, biological diversity. Biological diversity is defined in Article 2 of the Convention on Biological Diversity to mean ‘the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems’. A similar definition appears in the glossary to the Ramsar Convention on wetlands. Bioregion The term bioregion is a contraction of biogeographic region and is usually synonymous with that term. It is a geographic area characterised by a combination of physical and biological characteristics—for example, terrain, climate and ecological communities. The glossary of terms related to the Convention on Biological Diversity provides the following definition: ‘a territory defined by a combination of biological, social, and geographic criteria, rather than geopolitical considerations; generally, a system of related, interconnected ecosystems’. Bioregions are a useful way to analyse patterns of biodiversity. The definition of a particular bioregion depends on the scale at which its characteristic features are measured. Biota The plant and animal life of a region. Black system A large-scale blackout of the power system is called a black system event. event Bycatch Accidental or incidental catch taken by fishers (non-target species). Carbon credit A tradeable unit corresponding to one metric tonne of carbon dioxide equivalent emissions. Participants in the Emissions Reduction Fund are issued with Australian carbon credit units. Carbon dioxide A measure that combines the global warming effect of the six greenhouse equivalent gases listed in Annex A of the Kyoto Protocol—carbon dioxide (CO2), methane (CO2-e) (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulfur hexafluoride (SF6)—into a single meaningful number.

68 Term Meaning

Specifically, CO2-e represents the carbon dioxide emissions that would cause the same heating of the atmosphere as a particular mass of an Annex A greenhouse gas. For example, 1 tonne of methane is equivalent to the heating potency of 25 tonnes of carbon dioxide and 1 tonne of nitrous oxide is equivalent to the heating potency of 298 tonnes of carbon dioxide. Commonwealt Comprises places that are owned or controlled by the Australian Government h Heritage List and have natural, Indigenous and/or historic heritage values under the Environment Protection and Biodiversity Conservation Act 1999. This includes places connected to defence, communications, customs and other government activities that also reflect Australia’s development as a nation. Commonwealt A marine or terrestrial area protected under Commonwealth legislation, h protected including a World Heritage Area, National Heritage place, Marine Protected area Area, Ramsar wetland, Indigenous Protected Area and other areas within the National Reserve System. Corporate The process by which agencies are directed, controlled and held to account. It governance is generally understood to encompass authority, accountability, stewardship, leadership, direction and control. Council of The Council of Australian Governments (COAG) Energy Council is a ministerial Australian forum for the Australian, state and territory governments and New Zealand, to Government work together in the pursuit of national energy reforms. Energy Council The Energy Council’s work covers the following broad themes: Overarching responsibility and policy leadership for Australian gas and electricity markets Promotion of energy efficiency and energy productivity in Australia Australian electricity, gas and petroleum product energy security Cooperation between Australian, state and territory governments Facilitating the economic and competitive development of Australia’s mineral and energy resources. Ecological Naturally occurring groups of species inhabiting a common environment; communities interacting with each other, especially through food relationships; and relatively independent of other groups. Ecological communities may vary in size and larger ones may contain smaller ones. In the EPBC Act they are defined as assemblages of native species that inhabit particular areas in nature. Ecologically The EPBC Act defines ecologically sustainable use of natural resources as sustainable ‘use of the natural resources within their capacity to sustain natural processes while maintaining the life-support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations’. Ecosystem A dynamic combination of plant, animal and micro-organism communities and their non-living environment (e.g. soil, water and the climatic regime) interacting as a functional unit. Examples of types of ecosystems are forests, wetlands, and grasslands. Energy Sector The Energy Sector Group (ESG) is a business–government partnership which Group seeks to share information on hazards and vulnerabilities, and identify mitigation strategies to address them and to enhance the resilience of the electricity, gas and liquid fuels sectors. The ESG is part of the broader Trusted Information Sharing Network for Critical Infrastructure Resilience program. Environmental An assessment of the possible impact of a proposed action undertaken to

69 Term Meaning impact enable environment and heritage protection and biodiversity conservation. assessment Environmental Water provided for the environment to sustain and, where necessary, restore water ecological processes and biodiversity of water-dependent ecosystems. Expenses Total value of all of the resources consumed in producing goods and services. Finalised The list of nominated species, ecological communities and key threatening Priority processes approved for assessment by the Minister for a particular assessment Assessment year (1 October–30 September). Each item included on the list is assessed by List the Threatened Species Scientific Committee against a set of criteria. At the completion of the assessment the committee provides a listing advice to the Minister for decision, as well as a conservation advice that outlines immediate conservation priorities. Gas Market The Gas Market Reform Group was established by the Council of Australian Reform Group Governments Energy Council in August 2016 to lead the design, development and implementation of: a new information disclosure and commercial arbitration framework for non-scheme pipelines transportation (pipeline and hub services) capacity trading related reforms market transparency reforms wholesale gas market reforms. The objective of the Gas Market Reform Group is to speed up work in developing and implementing measures to increase competitive gas supply and put downward pressure on prices.

Greenhouse Gases that contribute to global warming, including carbon dioxide (CO2), gases methane (CH4), nitrous oxide (N2O), perfluorocarbons (PFCs), hydrofluorocarbons (HFCs), sulphur hexafluoride (SF6) and nitrogen trifluoride (NF3). In addition, the photochemically important gases—non-methane volatile organic compounds (NMVOC), oxides of nitrogen (NOx) and carbon monoxide (CO)—are also considered. NMVOC, NOx and CO are not direct greenhouse gases. However, they contribute indirectly to the greenhouse effect by influencing the rate at which ozone and other greenhouse gases are produced and destroyed in the atmosphere. Halon Halons are fully halogenated chemicals that have relatively long lifetimes in the atmosphere. They are broken down in the stratosphere releasing reactive bromine that is extremely damaging to ozone. Hydrological The ability of water to move from one location to another, thereby facilitating the connectivity transfer of matter, energy and organisms. Indigenous An area of Indigenous-owned land or sea where traditional owners have Protected Area entered into an agreement with the Australian Government to promote biodiversity and cultural resource conservation. International Australia is a member of the International Energy Agency (IEA). The IEA works Energy Agency to ensure reliable, affordable and clean energy for its member countries and beyond, and helps countries coordinate a collective response to major disruptions in the supply of oil. JUSCANZ JUSCANZ is an informal regional group of countries under the Convention on Biological Diversity. Its members are Japan, the United States of America (not a party to the convention), Canada, Australia, New Zealand, Switzerland, Liechtenstein, Iceland, Norway and Israel.

70 Term Meaning Limited Merits Under the Limited Merits Review (LMR) regime, monopoly network businesses Review can seek review from the Australian Competition Tribunal of decisions made by the Australian Energy Regulator and the Economic Regulation Authority (Western Australia). This includes decisions on regulated revenues that flow through to network prices paid by energy consumers for electricity and gas transmission and distribution. On 20 June 2017 the Government announced that it planned to abolish the LMR regime. Matters of The matters of national environmental significance protected under the EPBC national Act are listed threatened species and communities; listed migratory species; environmental wetlands of international importance; Commonwealth marine environment; significance World Heritage properties; National Heritage places; the Great Barrier Reef Marine Park; nuclear actions; and a water resource, in relation to coal seam gas development and large coal mining development. National The National Electricity Market is the wholesale electricity market for the Electricity electrically connected states and territories of eastern and southern Australia— Market the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania, and Victoria. National The National Electricity Market Emergency Management Forum (NEMEMF) Electricity works to implement and improve emergency plans and procedures that apply Market during power system emergencies. It comprises representatives from industry Emergency and governments and is chaired by the Australian Energy Market Operator. The Management Department participates in NEMEMF. Forum National The National Energy Productivity Plan (NEPP) is a COAG Energy Council Energy agreed package of measures to improve Australia’s energy productivity by Productivity 40 per cent between 2015 and 2030. Plan The NEPP takes a whole-of-system approach to energy policy and covers electricity, gas and transport fuels, and includes: energy market reforms to promote consumer choice and increase competition and innovation in the energy market energy efficiency measures that support better energy use in buildings, equipment and vehicles. National Gas The National Gas Emergency Response Advisory Committee (NGERAC) works Emergency to develop and test arrangements, protocols and other measures to respond to Response and mitigate the effect of multi-jurisdictional natural gas supply shortages, and Advisory advise the COAG Energy Council and jurisdictions. It comprises officials from Committee Australian, state and territory governments, and representatives of the Australian Energy Market Operator, gas industry sectors and gas users. The Department is the current chair of NGERAC. National A written record of the places and their heritage values that the Minister is Heritage List satisfied have one or more of the National Heritage values. National Oil The National Oil Supplies Emergency Committee (NOSEC) provides advice to Supplies the COAG Energy Council on fuel supply and the management of national liquid Emergency fuel emergencies. It comprises officials from the Australian, state and territory Committee governments, and representatives from the fuel supply industry. To prepare for potential emergencies NOSEC meets to conduct emergency simulation exercises, learn from any supply incidents or disruptions and support harmonisation of jurisdictional and national emergency responses. National The National Operating Committee for Jet Fuel Assurance (NOC) is an Operating industry-led forum which provides communications regarding jet fuel supply at 71 Term Meaning Committee for major Australian airports, including forecasting jet fuel supply issues. Jet Fuel Assurance Oil A ticketing contract is a commercial arrangement where a seller reserves an stockholding amount of oil stock, on behalf of the buyer, for a fee. The contract allows the contract or buyer (in this case, Australia) to purchase the reserved oil at a market-based ‘ticketing price, or cancel the contract to release the stock back into the global oil market. contract’ This is typically done during a global oil shortage. Operating Expenses associated with the day-to-day operation of the Department. costs Outcomes The intended results, impacts or consequences of actions by the Government on the Australian community. They are listed in agencies’ portfolio budget statements and portfolio additional estimates statements. Ozone- Substances that deplete the earth’s protective ozone layer. They are widely depleting used in refrigerators, air conditioners, fire extinguishers, dry cleaning and substances electronic equipment, as solvents for cleaning, and as agricultural fumigants. Ozone-depleting substances include chlorofluorocarbons, halon, hydrochlorofluorocarbons and methyl bromide. Countries have agreed to phase out ozone-depleting substances through the Montreal Protocol on Substances that Deplete the Ozone Layer. Some industries that use ozone-depleting substances are replacing those substances with synthetic greenhouse gases. Persistent Hazardous and environmentally persistent substances that can be transported organic between countries by the earth’s oceans and atmosphere. The substances pollutants bioaccumulate and have been traced in the fatty tissues of humans and other animals. Persistent organic pollutants include dieldrin, polychlorinated biphenyls, dichlorodiphenyltrichloroethane (DDT), dioxins and furans. Countries have agreed to control the manufacture and trade of persistent organic pollutants through the Stockholm Convention on Persistent Organic Pollutants. Portfolio Updating or amending information in the portfolio budget statements on the additional resources available to, and the planned performance of, each agency within estimates a portfolio. statements (PAES) Portfolio Detailed information on the resources available to, and the planned budget performance of, each agency within a portfolio. The PBS includes expenditure statements and revenue estimates for the current financial year, the budget year and the (PBS) three forward years. It informs senators, members of Parliament and the public of the proposed allocation of resources to government outcomes. The PBS provides an important means by which the executive government remains accountable to the Parliament. Procurement The whole process of acquiring property and services. Procurement involves the processes of developing a business case, including risk assessment; identifying and evaluating alternative solutions; approaching the market; assessing tenders or quotes; awarding contracts; delivering and paying for the property and services and, where relevant, the ongoing management of a contract and consideration of options related to the contract. Procurement also extends to the ultimate disposal of property at the end of its useful life. Product Recognises that manufacturers, importers and others who benefit from making stewardship and selling a product share some responsibility for the environmental impacts of that product.

72 Term Meaning Programs Agencies deliver programs that are the government actions taken to deliver the stated outcomes. Agencies are required to identify the programs that contribute to government outcomes over the budget and forward years. Purposes The PGPA Act defines purposes (when used in relation to a Commonwealth entity or Commonwealth company) to include the objectives, functions or role of the entity or company. In relation to performance management, purposes are defined as the reasons or ideal state or outcomes for which the entity or company undertakes its activities. Ramsar Wetlands of international importance that are named after the international wetlands treaty under which such wetlands are listed. Regulatory A cost–benefit process applied to all regulated new transmission network Investment investments, including interconnectors, which have an estimated cost greater Test for than $6 million. The purpose of the RIT-T is to identify the investment option Transmission which maximises the economic benefit to those who produce, consume and (RIT-T) transport electricity in the National Electricity Market. Revenue The total value of resources earned or received to cover the production of goods and services. Shipping day 24-hour period during which a ship is under charter to the Australian Antarctic Division. Sustainable The maximum long-term annual average quantities of water that can be taken, diversion limit on a sustainable basis, from Murray–Darling Basin water resources as a whole and from the water resources, or particular parts of the water resources, of each resource plan area in the Basin. Threat Threat abatement plans are developed when they are deemed by the Minister abatement plan to be a feasible, efficient and effective way of abating a listed key threatening process, having regard to the advice of the Threatened Species Scientific Committee and other nominated persons or bodies. Threatened Listed threatened species (together with listed threatened ecological species communities) form one of the nine matters of national environmental significance protected by the EPBC Act. Listed threatened species are categorised under the Act as ‘extinct’, ‘extinct in the wild’, ‘critically endangered’, ‘endangered’, ‘vulnerable’ or ‘conservation dependent’. Trusted The Trusted Information Sharing Network for Critical Infrastructure Resilience, Information led by the Attorney-General’s Department, is Australia’s primary national Sharing engagement mechanism for business–government information sharing and Network resilience building initiatives on critical infrastructure resilience. The Department is part of the network. Uplistings Changes to a higher threat category of species already on the threatened list.

73 Abbreviations and acronyms Abbreviations Meaning and acronyms ABRS Australian Biological Resources Study ACT Australian Capital Territory AEMC Australian Energy Market Commission AEMO Australian Energy Market Operator AER Australian Energy Regulator ANAO Australian National Audit Office APS Australian Public Service ARC Australian Refrigeration Council ARENA Australian Renewable Energy Agency ATEP Act Antarctic Treaty (Environment Protection) Act 1980 CEFC Clean Energy Finance Corporation CEPA Ramsar Convention’s program on Communication, Education, Participation and Awareness CER Clean Energy Regulator CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora CCA Climate Change Authority CCAMLR Commission for the Conservation of Antarctic Marine Living Resources CMS Convention on the Conservation of Migratory Species of Wild Animals COAG Council of Australian Governments

CO2-e Carbon dioxide equivalent CSIRO Commonwealth Scientific and Industrial Research Organisation CTI Coral Triangle Initiative for coral reefs, fisheries and food security E3 program Equipment Energy Efficiency Program EL Executive Level EPBC Act Environment Protection and Biodiversity Conservation Act 1999 ERF Emissions Reduction Fund ESG Energy Sector Group FOI Act Freedom of Information Act 1982 FPAA Fire Protection Association Australia GEMS Act Greenhouse and Energy Minimum Standards Act 2012 GL Gigalitre or one billion litres GST Goods and services tax GWh Gigawatt hour Ha Hectare HCFCs Hydrochlorofluorocarbons HCB Hexachlorobenzene HFCs Hydrofluorocarbons

74 Abbreviations Meaning and acronyms JAMBA Japan–Australia Migratory Bird Agreement ICT Information and communications technology IEA International Energy Agency IESC Independent Expert Scientific Committee on coal seam gas and large coal mining development ISO14001:200 International standard for environmental management systems 4 IUCN International Union for Conservation of Nature LMR Limited Merits Review LNG Liquefied natural gas MERIT Monitoring, Evaluation, Reporting and Improvement Tool ML Megalitre or one million litres MNES Matters of national environmental significance MoU Memorandum of understanding MW Megawatt NCCARF National Climate Change Adaptation Research Facility NDVI Normalised Difference Vegetation Index NEM National Electricity Market NEMEMF National Electricity Market Emergency Management Forum NEPP National Energy Productivity Plan NESP National Environmental Science Program NESTRA National Environmental Significance Threat Risk Assessment tool NGERAC National Gas Emergency Response Advisory Committee NHB National Halon Bank NMVOC Non-methane volatile organic compound NOSEC National Oil Supplies Emergency Committee NOC National Operating Committee for Jet Fuel Assurance NRM Natural resource management NSW New South Wales NT Northern Territory ODP Ozone-depleting potential ODS Ozone-depleting substances OECD Organisation for Economic Co-operation and Development PFCs Perfluorocarbons PFOA Perfluorooctanoic acid PFOS Perfluorooctane sulfonate PFOSF Perfluorooctane sulfonyl fluoride PGPA Act Public Governance, Performance and Accountability Act 2013 PGPA Rule Public Governance, Performance and Accountability Rule 2014

75 Abbreviations Meaning and acronyms PNG Papua New Guinea Polar FORCeS Polar Feedbacks between Ozone Recovery and Climate in the Southern Hemisphere QLD Queensland RET Renewable Energy Target RIT-T Regulatory Investment Test for Transmission ROKAMBA Republic of Korea–Australia Migratory Bird Agreement SA South Australia SES Senior Executive Service SF6 Sulfur hexafluoride SGG Synthetic greenhouse gas SoE State of the Environment SPRAT Species Profile and Threats Database TAS Tasmania TISN Trusted Information Sharing Network tCO2-e Tonnes of carbon dioxide equivalent UNESCO United Nations Educational, Scientific and Cultural Organization UNFCCC United Nations Framework Convention on Climate Change UNGA United Nations General Assembly UN-REDD+ Reducing Emissions from Deforestation and Forest Degradation in Developing Countries VIC Victoria WA Western Australia WHS Work health and safety WHS Act Work Health and Safety Act 2011

76 List of tables

77 List of figures

78 Index

A abbreviations and acronyms, 354–356 Aboriginal and Torres Strait Islander staff, 178–9 access clauses, 183 actions on Commonwealth land, 287–288 activities, 22, 23 Adaptation Working Group, climate change, 108 address, iv administered assets, 14–15 administered expenditure, 11 administered finances, 13–15 advertising and market research, 184 air quality, 6, 9, 81, 87, 152 Alligator Rivers Region, 5, 6, 55, 60, 77–79, 80, 167–169, 308–312 Antarctic Foundation, 112 Antarctic Treaty, 7, 110–117, 288 Antarctic Treaty Consultative Committee, 110–111 Antarctic Treaty system, 110–112 Antarctica (purpose), 7, 110–117 activities, programs and outcomes, 23 analysis against intended result, 117 authorisations and permits, 113–114 compliance with environmental legislation, 113–114 scientific research, 115, 116–117 stations resupply, 116 APS Values, Code of Conduct and Employment Principles, 177–178 asbestos, 83 Asia-Pacific Economic Cooperation Energy Working Group, 123 Asia-Pacific Economic Cooperation Forum, 119 Asia-Pacific Economic Cooperation Oil and Gas Security Exercise, 120 Asia-Pacific Rainforest Summit, 91 Asian Forum for Polar Sciences, 113 asset management, 180 Atlas of Living Australia, 136 Attorney-General’s Department, 71, 119 audit external, 160, 163 internal, 148–149 Auditor-General reports, 160 Aurora Australis icebreaker, 111 AusIndustry, 39 AusTender, 181–182 Australia State of the Environment 2016, 66, 136, 137–138, 140, 142 Australian Antarctic Arts Fellowship, 113 Australian Antarctic Division, 110, 111–112, 113–114, 116 Australian Antarctic Science Program, 115 Australian Antarctic Science Strategic Plan 2011–12 to 2020–21, 110, 116 Australian Antarctic Strategy and 20 Year Action Plan, 110, 111–112, 114, 117 Australian Biological Resources Study, 136, 141–142, 143 Australian Business and Biodiversity Initiative, 25, 41 Australian Energy Market Operator, 118, 120, 130 Australian Energy Regulator, 126, 127, 128 Australian Faunal Directory, 136 Australian Geoscience Data Cube, 136

79 Australian Heritage Council, 61, 293, 295 Australian Heritage Strategy, 59, 60 Australian Information Commissioner decisions, 159–160 Australian National Audit Office, 76, 91, 160, 183 National Inventory Report audit, 91 Australian National Shipwrecks Database, 66 Australian Packaging Covenant, 89 Australian Renewable Energy Agency, 101, 102, 103 Australian workplace agreements, 176 Australian World Heritage Advisory Committee, 76 awards schemes, 153, 178

B BA Explorer, 138 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes, 82, 85, 89, 318 Basin Plan, see Murray–Darling Basin Plan Bass Strait interconnector, 129 behavioural insights capability, 153 Biodiversity Conservation Strategy 2010–2030, 25, 30, 40–41 Biodiversity Fund, 30, 40 biological resources and benefit sharing, 288 Bioregional Assessments Program, 138, 141, 143 blackout, South Australian see South Australian black system event blackwater events see hypoxic blackwater events Budj Bim Cultural Landscape, 5, 69 Bush Blitz, 141, 142, 143 Business Grants Hub, 39

C cane toads, 68 Carbon Neutral Program, 7, 93, 95 carp, 52 case studies AGL virtual power plant project, 103 carbon emissions and sequestration data collection, 96 Clean Energy Finance Corporation, 104 Corner Inlet Connections project, 31 energy security emergency communications processes, 120 energy technology development, 122–123 environmental watering, 47 feral cat control, 36 gully erosion in Great Barrier Reef catchments, 139 Indigenous conservation initiatives, 38 International Whaling Commission, 74 iron ore mining strategic assessment, 64 Kigali Amendment to the Montreal Protocol, 84–85 North East Arnhem Land Fire Abatement Project, 97–98 Polar FORCeS project, 115 Thailand Greenhouse Gas Emissions Information System, 92 Casey research station, Antarctica, 112 cetacean permits, 58, 288, 300 chytrid fungus, 68, 290 City Deals, 129 Classroom Antarctica, 113 Clean Energy Finance Corporation, 102 Clean Energy Regulator, 95, 97, 99–100 clean energy research, 101–102 clean energy technology investment, 102–103

80 Clean Innovation Fund, 102 client services, 165–166 climate change (purpose), 7–8, 90–109 activities, programs and outcomes, 23 analysis against the activities intended result, 105, 109 capacity building activities, 91 coral bleaching events, 26 data collection and sharing, 91 policy review, 8 research and advice, 106–108 Climate Compass, 107 Climate Risk and Information Services Platform, 8, 107 coal seam gas and large coal mines, impact of, 138, 141, 143 CoastAdapt, 8, 106, 108, 109 coastal climate risk, 106, 108 code of conduct and ethical standards, 177–178 Comcare, 163 Commercial Building Disclosure Program, 131 Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), 111,113, 117 Committee for Environmental Protection, 112 common law agreements, 175, 176, 177 Commonwealth environmental watering, 42–54 Commonwealth Environmental Water Holder, 42, 47, 48, 52, 53, 54, 332–340 Commonwealth Environmental Water Office, 48, 50, 52, 53, 168, 169 see also environmental watering and Water Act 2007 Commonwealth Heritage List, 59, 61, 292, 293 Commonwealth marine reserves, 75 Commonwealth Ombudsman, 160 Commonwealth Scientific and Industrial Research Organisation (CSIRO), 71, 96, 130, 133 communications and engagement, 151 community conservation initiatives, 38, 39, 53 complaints, feedback and inquiries, 165 conservation advices, 56, 58, 68, 137, 289–290 consultancies, 181 contact details Annual Report Contact Officer, iv Client Service Officer, 165 Freedom of Information Contact Officer, 162 Convention on Biological Diversity, 24, 25, 41, 152 Convention on International Trade in Endangered Species (CITES), 67, 69, 79, 290–291 Convention on the Conservation of Migratory Species of Wild Animals (CMS), 59, 72, 79 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, 72 Convention on Wetlands of International Importance, 42–44, 52 coral bleaching, 26–27, 167 Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security, 71 Corner Inlet Connections project, 31 corporate governance, 146–151 Corporate Plan 2016–17, 22, 147 corrections to material errors, 345 Council of Australian Governments Energy Council (also COAG Energy Council), 119, 125, 126, 127, 128, 129, 134, 168 Council of Managers of National Arctic Programs, 114 court and tribunal decisions, 155–159, 294 crown-of-thorns starfish, 28 cultural capability program, 10, 178

D departmental overview, 2–19 desertification, convention on see United Nations Convention to Combat Desertification 81 disability reporting, 179–180 Disaster and Climate Resilience Reference Group, 107, 108 diversity, workplace, 178–180 Doha Amendment, 7, 90, 105 domestic and family violence policy, 163 dugong, 58, 72

E e-learning programs, staff, 174–175 e-waste, 6, 89, 326–327 ecologically sustainable development, 166–171 electricity market, 8, 118, 119, 120, 124, 125–126, 129, 134, 161 email address, iv Emissions Reduction Fund, 7, 90, 93, 95–97 emissions reduction targets, 2020 and 2030, 90, 105, 133 emissions standards, 6, 87, 89 employees see human resources endangered species, see threatened species and ecological communities; wildlife trade; wildlife trafficking energy (purpose), 8–9, 118–134 activities, programs and outcomes, 23 analysis against the activities intended result, 124, 134 energy market reform and energy efficiency programs, 125–134 energy security, 118–124, 127, 129, 134 energy security committees, 118–119 Energy Council, see Council of Australian Governments Energy Council Energy Counsellor, 123 energy efficiency, 125–134 energy market reform, 125–134 Energy Market Transformation program, 127 Energy Sector Group, 119 Energy Security Office, 120, 121, 124 energy use data model project, 130–131 Enhancing Pacific Ocean Governance project, 70–71 enterprise agreement, 176 environment and heritage (purpose), 4–6, 9, 23, 24–89 activities, programs and outcomes, 23, 24 analysis against the activities intended result, 40–41, 52, 79–80 environmental health, 6, 23, 81–89 environmental watering, 5, 42–54, 169, 332–339 investment, 24–41 regulation, 55–89 statutory time frames, 79, 85, 88 Environment Protection (Alligator Rivers Region) Act 1978, 55, 308–312 Environment Protection and Biodiversity Conservation Act 1999, 5, 55 annual report, 287–296 compliance activities, 76–77 decisions and legal actions, 294 referrals, assessments and approvals, 62–65, 67, 80, 287–288, 297–298 strategic assessments, 60, 63–64, 288 Environmental and Energy Information Strategy, 143 environmental health, 23, 81–89 environmental organisations register see Register of Environmental Organisations environmental performance, 166–171 environmental water, 42–54, 167, 169, 332–340 community engagement, 53 risk management, 53 use, trade and carryover, 48–49 Environmental Water Holdings Special Account, 339–340 Equipment Energy Efficiency Program (also E3 program), 8, 132, 133, 315

82 erosion control, 28, 31, 139 Essential Environmental Measures for Australia Program, 137 Evaluation Policy 2015–20, 147 exempt contracts, 182, 344 Exercise Catalyst 2017, 119, 120 expenses for outcomes, 281–286 external scrutiny, 155–162

F feedback see complaints, feedback and inquiries feral cats, 33–34, 36 feral pigs, 68, 290 FeralCatScan app, 4, 33 fertiliser, 28, 29, 31 financial performance overview, 11–15 financial statements, 189–275 Finkel review, 124, 125, 127, 134 fire abatement, 97–98 fisheries assessments and approvals, 59, 80, 293, 305 flexibility arrangements, 176–177 fraud control, 149–150 statement of certification, 278 freedom of information, 162 frogs, 47, 51 Frydenberg, the Hon Josh, 16 Fuel Quality Standards Act 2000, 85, 87, 89, 313–314 fuel sampling, 314 fuel standards, 87, 89, 313, 314

G G20 forum, 119 gas markets, 118–119, 120, 125–127, 134 reforms, 126, 127, 134 Gas Pipeline Information Disclosure and Arbitration Framework, 127 geothermal power generation, 100 Global Forest Observations Initiative, 91, 105 Global Partnership for Business and Biodiversity, 25 glossary, 348–353 GrantConnect, 182 grants, 142, 182, 340, 344 Great Barrier Reef, 4, 24–29, 69, 139, 169 coral bleaching events, 26–27, 41, 167 water quality, 4, 26, 27, 29, 139, 169 Great Barrier Reef Marine Park Authority, 15, 28 Green Army Program, 14, 30, 33, 39, 40–41 Greenhouse and Energy Minimum Standards Act 2012, 125, 132, 133, 315–317 greenhouse gas emissions, 7, 23, 82, 84, 90–105 see also Kigali Amendment greenhouse gas inventory system, 91 Greening Australia’s Reef Aid campaign, 28 Gully and Stream Bank Erosion Control Program, 28, 139 Gundjeihmi Aboriginal Corporation, 2, 80

H hazardous chemicals, 86 hazardous waste, 82–84, 85, 88, 89, 152, 318–319 Hazardous Waste (Regulation of Exports and Imports) Act 1989, 318–319 83 criminal investigations, 88, 89 Heard Island and McDonald Islands management voyage, 112, 117 heritage places, 24, 30–31, 55, 59, 60, 61, 66, 75, 79, 168, 287, 293 human resources employment arrangements, 175–176, 177 performance management, 174–176 training and development, 174–176 workforce planning, staff retention and turnover, 174 workforce profile, 171–173 Hunt, the Hon Greg, 16 hydro power generation, 100 hypoxic blackwater events, 45, 51, 336–337

I ice core drilling, 112 icebreaker, Antarctic, 111, 113, 114 illegal fishing, 294 Improving Your Local Parks and Environment program, 30, 39 Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development, 138, 140, 143, 295 Indigenous Advisory Committee, 295 Indigenous conservation initiatives, 2, 27, 38 Indigenous heritage places, 55, 60 Indigenous procurement target, 182 Indigenous Protected Areas, 136 Indigenous rangers, 34, 58 industrial chemicals, 6, 83, 87 innovation initiatives, 153 Intergovernmental Panel on Climate Change, 91, 105 international conventions and agreements, 24–26, 59, 113, 152, 153 climate change, 7, 90–91, 167, 283 desertification, 153 hazardous waste, 82, 85, 89, 318–319 marine environment, 70–72 mercury, 86 migratory species, 55, 58, 59, 66, 72, 79 ozone protection, 5, 81–82, 84–85, 88, 89, 115, 322–325 persistent organic pollutants, 82–83, 86 sea dumping, 72 trade in endangered species, 67, 69, 79, 162, 290–291 wetlands, 5, 42–44, 45–46, 50, 51, 52, 55, 332, 334, 337 International Energy Agency, 9, 120, 121, 122, 123, 124 international engagement, 25–26, 151 International Union for the Conservation of Nature (IUCN), 25, 58, 152 World Conservation Congress, 152 International Whaling Commission, 70, 74, 79 iron ore mining strategic assessment, 63, 64

J Japan, United States, Canada, Australia and New Zealand (JUSCANZ) representation, 25, 41 jet fuel supply, 119

K Kevin McLeod Awards, 178 key threatening processes, 58, 61, 66, 202, 290, 296, 302, 303 Kigali Amendment, 82, 84–85 Kokoda Initiative, 69 Kuk Early Agricultural Site, 69 84 L Large-scale Renewable Energy Target, 99, 100 legal actions, 294 see also court and tribunal decisions legislative reporting, 16, 287–340 letter of transmittal, iii Limited Merits Review regime, 125–126, 127, 128 Liquid Fuel Emergency Act 1984, 122 live animal exports and imports, 290–292 London Protocol on sea dumping, 72 Long-Term Intervention Monitoring Project, Murray–Darling Basin, 50-55, 339 Low Emissions Technology Roadmap, 102, 133

M machinery of government changes, 10, 15, 160, 174 Macquarie Island research station, 7, 111, 116, 117, 180 marine debris, 68, 102, 290, 303 marine offset payments, 28 marine planning and management, 70–71 marine reserves, 111, 153 marine species, 55, 59, 68, 79, 288, 290 maritime boundaries, 70–71 matters of national environmental significance, 5, 28, 55-60, 63, 65, 79-80, 287-290, 299 mental health strategies, 163 mentoring program, 175 mercury, 86 migratory species, 30–31, 43, 55, 59, 66, 72–73, 79, 288, 301 sharks, 72 shorebirds, 43, 73 migratory bird agreements, 59, 73 Minamata Convention on Mercury, 86 ministers, 16 Mission Innovation initiative, 101 Montreal Protocol on Substances that Deplete the Ozone Layer, 2, 6, 81–82, 84–86, 89, 115, 322-323 Mulligan’s Flat Nature Reserve, 33 Murray–Darling Basin, 5, 42–54, 168, 332–340 Murray–Darling Basin Authority, 47, 53 Murray–Darling Basin Plan, 42, 48, 50–51, 53, 168, 339

N NAIDOC Week 2016, 179 National Australian Built Environment Rating System, 131-132 Natural Capital Protocol, 25 National Carp Control Plan, 52 National Clean Air Agreement, 6, 81, 87, 89 National Climate Change Adaptation Research Facility, 8, 106–107 National Climate Science Advisory Committee, 108 National Collaborative Research Infrastructure Strategy, 136 National Disability Strategy 2010–2020, 180 National Dugong and Turtle Protection Plan 2014–2017, 58 National Electricity Law and National Gas Law Amendment Package, 126 National Electricity Market Emergency Management Forum, 8, 118–119, 120 National Energy Productivity Plan 2015–2030, 129–130 National Energy Security Assessment, 124 National Environmental Science Program, 3, 9, 33, 36, 135–136, 139 National Environmental Significance Threat and Risk Assessment Tool, 60 National Gas Emergency Response Advisory Committee, 8, 118–119 85 National Greenhouse Accounts, 90, 93 National Halon Bank, 322, 325 National Heritage List, 5, 59, 61, 69, 292-293, 295, 299 National Inventory Report, 91 National Landcare Program, 5, 11, 24, 30–33, 37, 40–41, 143, 320–321 National Liquid Fuel Emergency Response Plan, 119 National Oil Supplies Emergency Committee, 118–119 National Operating Committee for Jet Fuel Assurance, 118, 119 national parks, 11, 55, 170 National Pollutant Inventory, 89 National Reconciliation Week, 179 National Reserve System, see protected areasc National Taxonomy Research Grant Program, 9, 141–143 National Television and Computer Recycling Scheme, 6, 89, 326–327 Nationwide House Energy Rating Scheme, 125, 131 natural resource management, 4, 24, 28, 30- 41, 66, 116, 308, 320, 333 non-English speaking background, staff with, 179 non-salary benefits, staff, 177 North East Arnhem Land Fire Abatement Project, 97–98 Northern Land Council, 2, 80, 309 notifiable incidents, 164

O Office of the Pacific Ocean Commissioner, 71 Office of Water Science, 18, 138, 140, 143 oil stockholding, 121–122 Operation MELVILLE, 77 Operation Southern Discovery, 112, 117 Organisation for Economic Cooperation and Development (OECD), 152 organisational structure, 15–19 outcomes (Departmental), 23 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, 85–86, 88 322–325 compliance & enforcement, 324 licences under, 323 report, 322-325 ozone-depleting substances, 86, 115, 322–325 see also Montreal Protocol on Substances that Deplete the Ozone Layer

P Pacific Regional Environment Programme, 70–71 Paris Agreement, 7, 84, 90-92, 96, 105 parliamentary committee reports, 160–162 parliamentary services, 165 performance overview, 4–19 performance pay, 177 persistent organic pollutants see Stockholm Convention on Persistent Organic Pollutants pesticides, 29, 102, Petroleum and Other Fuels Reporting Bill 2017, 121 Phytophthora cinnamomi, 68, 290, 303 poaching, 58, 70 Polar FORCeS project, 115 Portfolio Budget Statements 2016–17, 15, 22, 23 procurement, 181–183 product stewardship, 89, 326–328, 329–331 Product Stewardship (Oil) Act 2000, 329–331 Product Stewardship Act 2011, 81, 326–328 project management, 150 protected areas, 9, 30, 97–98, 111, 152 see also National Reserve System and marine reserves

86 provisional improvement notices, 165 Public Governance, Performance and Accountability Act 2013, iv, 4, 149, 150, 181 compliance, 149, 341–344 purchasing, 181–183, 343 purposes (departmental), 4, 22, 23 Antarctica, 7, 110–117 climate change, 7–8, 90–109 energy, 8–9, 118–134 environment and heritage, 4–6, 24–89

R rabbits, 68, 290, 303 Ramsar wetlands see Convention on Wetlands of International Importance Rangelands Natural Resource Management, 38 Ranger mine, 77–78, 168, 308–309, 310, 311 Reconciliation Action Plan 2016–2019, 3, 178 recovery plans, 58, 61, 68, 137, 289–290, 302 recruitment, 175, 179 Reducing Emissions from Deforestation and Forest Degradation in Developing Countries program, 105 Reef 2050 Long-Term Sustainability Plan, 9, 11, 25–27, 58 mid-term review, 27, 40, 167 progress reports, 26 Reef Program, 102 Reef Trust, 11, 28, 30, 58, 139, 160, 169 refuge habitat, 45, 51, 336–337 Register of Environmental Organisations, 154 regulatory capability, 10, 80, 154 Regulatory Investment Test for Transmission (RIT-T), 125, 127, 128 Regulatory Maturity Project Final Report, 80 rehabilitation management, 163 remuneration, staff, 175–176 renewable energy, 7, 90, 99–103, 104, 125, 129, 134, 161 investment, 99, 101, 102 research, 101–102 Renewable Energy Target, 7, 90, 93, 95, 99, 100–101 researchers, support for, 116–117, 141–142 resource statements, 279–280 responsible ministers, 16 risk management, 6, 78, 87, 148 river health, 51 Ross Sea region Marine Protected Area, 111 Rotterdam Convention on the Prior Informed Consent Procedure Certain Hazardous Chemicals, 82–83

S science, information and research (activity), 9, 135–143 analysis against intended result, 142–143 sea dumping, 5, 55, 72, 79 seabirds, bycatch of, 68, 290, 303 Secretary, 2–3 seed banks, 33, 34 senior executive service remuneration, 176 senior management committees, 146–147 service standards, 165 sharks, migratory, 72 shipwrecks, historic, 60, 66 shorebirds, migratory, 73 small business procurement, 183

87 Small-scale Renewable Energy Scheme, 99–100 Smart Cities Plan, 102, 129 social media, 113, 151 solar power generation, 100, 103 South Australian black system event, 119, 125, 127, 134 Southern Ocean Research Partnership, 70 Species Profile and Threats (SPRAT) Database, 66, 68, 137, 290 staff see human resources statements of reasons, 294–295 statutory timeframes, 61–62, 63, 68, 79, 85, 88, 140, 143, 294, 306 Stockholm Convention on Persistent Organic Pollutants, 82–83, 86 sugar cane farming, 4, 26, 28, 104 Supervising Scientist, 77–78, 80, 163, 167–169, 308–312 Sustainable Cities Investment Program, 102 Sustainable Development Goals, 152 synthetic greenhouse gases see greenhouse gas emissions

T Tasmanian interconnector, 129 Tasmanian Wilderness World Heritage Area, 75–76, 292 taxonomic research, 9, 135, 141, 142, 143 telephone number, iv threat abatement plans, 58, 66, 68, 289, 290, 303 threatened species and ecological communities, 5, 30–31, 33–38, 46, 50, 55, 79, 136, 137 listings, 55–58, 61, 289, 296,300–302 recovery, Species Profile and Threats (SPRAT) Database, 66, 68, 137, 290 statistics, 300–303 see also conservation advice, recovery plans, Threatened Species Strategy Threatened Species Commissioner, 5, 30, 33 Threatened Species Prospectus, 5, 34, 41, 169 Threatened Species Recovery Fund, 34, 167, 169 Threatened Species Scientific Committee, 61, 68, 289, 290, 296 Threatened Species Strategy, 3, 4, 24, 30, 33–36, 38, 143, 167 training and development, staff, 147–148, 150 tramp ants, 68 Trusted Information Sharing Network, 119 turtles, marine, 58, 68, 302–303 20 Million Trees Program, 5, 24, 32–33,321 2020 emissions reduction targets, 90, 91, 93–9, 105, 133, 169

U UN Environment, 84, 152 United Nations, 152–153 United Nations Convention on the Law of the Sea, 70–71 United Nations Convention to Combat Desertification, 153 United Nations Educational, Scientific and Cultural Organisation (UNESCO), 25–27, 75 United Nations Framework Convention on Climate Change (UNFCCC), 7, 90–92, 96, 105 uranium mining see Alligator Rivers Region, Ranger mine, Supervising Scientist

V visiting fellow program, 147–148

W water see environmental water; water quality Water Act 2007, 42, 52, 332–340 water quality, 31, 45

88 Alligator Rivers Region, 6, 77–78, 80, 169, 308–311 environmental watering, 5, 45, 335–8 Great Barrier Reef, 4, 26–29, 102, 139 see also Reef 2050 Long-Term Sustainability Plan waterbird breeding, 5, 45, 51, 334–4, 337 Wet Tropics Management Plan 1998, 75 wetlands, 28, 31, 42–44, 52–53, 55, 60, 168, 332–339 see also Convention on Wetlands of International Importance whales and dolphins, 55, 58, 70, 74, 79, 288 wildlife conservation plans, 43, 66, 68, 73, 290 wildlife trade, 6, 55, 58, 59, 67, 69–70, 77, 137, 290–292 import and export permits, 61, 291–292, 304 wildlife trafficking, 6, 67, 69–70, 77, 79, 294, 304 wind power generation, 100 Woodward review see Regulatory Maturity Project Final Report work health and safety, 146, 162–164 World Heritage Committee, 25–26, 69, 75–76 World Heritage Convention, 24–26 World Heritage Fund, 69, 321 World Heritage List, 25–26, 69, 75–76, 292, 293, 179, 299 World Heritage properties, places and areas, 5, 25, 60, 69, 75–76, 170, 292–293 management, 75–76