Environment Protection and Biodiversity Conservation Act 1999
Section 516 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires the secretary to prepare an annual report on the operation of the Act and for the minister to lay a copy of this report before the Parliament. This section provides the report for the period from 1 July 2019 to 30 June 2020.
Operation
Environmental referrals, assessments and approvals
Matters of 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 EPBC Act as matters of national environmental significance. There are 9 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 for the Environment (or their delegate).
When an action is referred for consideration under the EPBC Act, the minister 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 (and any public comments received). The minister will then decide within 20 business days whether the action requires further assessment and approval under the EPBC Act – this is the 'referral decision'.
We publish all referrals, and other relevant statutory documents associated with a proposed action, on our website.
Further information on EPBC Act referrals, approvals, assessments and matters of national environmental significance is provided in Statistics and other information.
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. This includes the disposal of Commonwealth land.
In 2019–20 the minister made 4 determinations for projects on Commonwealth land (section 26), 2 determinations for an action carried out by an Australia Government agency (section 28), including one determination where the action will be taken in a Commonwealth marine environment by a Commonwealth agency (section 24A).
We received 9 requests for advice from the Department of Infrastructure and Regional Development and Airservices Australia in relation to proposals involving Commonwealth airports. A decision on one proposal is still pending. The minister's delegate determined that advice was required for 4 of the proposals. In those cases the provision of advice is pending.
Strategic assessments
Strategic assessments under Part 10 of the EPBC Act can deliver greater economic certainty, regulatory efficiencies for business and improved ecological outcomes when 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.
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 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.
In 2019–20 the minister granted 4 permits under the ATEP Act that 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, we issued 25 permits for access to biological resources in Commonwealth areas in 2019–20.
Cetacean permits
In the Australian Whale Sanctuary (all Commonwealth waters from the 3 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, trade, 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 2019–20 Australia granted 6 cetacean permits and varied the conditions of 3 existing cetacean permits (see Table 31).
Protection of species and ecological communities
Species and ecological community listing assessment outcomes
The minister may list threatened fauna and flora in 6 categories defined by the EPBC Act. These are:
- extinct
- extinct in the wild
- critically endangered
- endangered
- vulnerable
- 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.
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.
In 2019–20, the minister made a decision to list one new ecological community – Poplar box grassy woodland on alluvial plains – as endangered.
The minister decided to list 4 new ecological communities as critically endangered:
- Illawarra–Shoalhaven Subtropical Rainforest in the Sydney Basin Bioregion.
- Robertson Rainforest in the Sydney Basin Bioregion.
- Tasmanian forests and woodlands dominated by black gum or Brookers gum.
- Tuart forests and woodlands on the Swan coastal plain.
The minister made a decision to list Falco hypoleucos (Grey Falcon) as vulnerable. The minister also decided to transfer two species from vulnerable to endangered within the list of threatened species:
- Petaurus australis Wet Tropics subspecies (Yellow-bellied Glider (Wet Tropics)).
- Thalassarche cauta (Shy Albatross).
The names of 11 threatened species were updated on the list.
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 support the recovery of listed species or ecological communities.
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. In addition to the 8 conservation advices approved at the time of a listing decision being made, in 2019–20 the minister approved 3 conservation advices for threatened species.
Overall 99.9% of listed threatened species and ecological communities have either a recovery plan or an approved conservation advice, or both, in place to guide recovery efforts (see Table 34).
In 2019–20 we released 5 draft recovery plans for comment. These were published on our website.
We publish 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. One guide published this year was Tuart Woodlands and Forests of the Swan Coastal Plain: A Nationally Significant Ecological Community, as shown in Publications in 2019–20 and available on the Species Profile and Threats database.
We also published the National Light Pollution Guidelines for Wildlife including marine turtles, seabirds and migratory shorebirds. The guidelines raise awareness of the impacts of light pollution and provide a framework for assessing and managing impacts of light pollution on wildlife, including on listed threatened and migratory species. The guidelines are available on our website.
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 35 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.
In 2019–20 no amendments to the list of key threatening processes were made and no threat abatement plans were made or adopted.
The minister agreed that a threat abatement plan is not a feasible, effective and efficient way to abate the 2 key threatening processes for red imported fire ant and yellow crazy ant on Christmas Island. In making this decision the minister noted the National Invasive Ant Biosecurity Plan, which provides threat abatement advice for these 2 invasive ant species and other invasive ant species of concern to Australia.
In 2019–20 we did not release any draft plans for comment. Threat abatement plans are published on our website.
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. These are species that, while not considered threatened, would benefit from a nationally coordinated approach to conservation. We did not make any wildlife conservation plans in 2019–20.
In 2019–20 we released the draft Wildlife Conservation Plan for comment. The draft plan is available on our website.
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 2019–20 we approved:
- 2 artificial propagation programs, (for cycads and orchids)
- 2 aquaculture programs (for Murray cod and lungfish)
- 2 wildlife trade management plans (for kangaroos and protected plants)
- 9 captive breeding programs (for emus, insects, ants and Ara ararauna)
- 10 wildlife trade operations (non-fisheries), including wallaby, taxidermy specimens, ants, fern trees and lungfish
We completed 62 assessments of Australian and international zoos and aquaria to ensure their facilities were suitable to house live animals from a welfare perspective. International transfers of live animals undertaken in 2019–20 included clouded leopards, Komodo dragons and a pair of platypus. We entered into 10 new agreements with overseas institutions that prescribed the care requirements for iconic native species held by the institutions.
To combat wildlife crime, we work with international partners, Commonwealth agencies and state regulators, including INTERPOL, the Australian Federal Police and the Australian Border Force, state and territory police and environmental agencies.
Import of wildlife products
Part 13A of the EPBC Act requires permits to be issued for the import of most types of wildlife into Australia. When CITES-listed species (including their parts and derivatives) are imported into Australia without the required permits, they may be seized (see Table 36). The most common items seized were traditional medicines that were suspected to include extracts of protected animal or plant products.
In 2019–20 Australia issued 18.57% fewer permits for the import of wildlife than for the previous year. Of the total 1,776 permits issued, 1,743 were for CITES-listed wildlife, and 16 were for non-CITES-listed live animals. Seventeen were for testing purposes. The testing permits were issued for importing insects for trials of biological control of invasive species.
Most of the import permits issued were for CITES-listed wildlife. Species most often covered by import permits include American alligators, pythons, monitors, crocodiles and rosewood. Almost all permits for reptile species were associated with fashion items such as handbags, shoes, watchstraps and belts. Permits for rosewood species were most commonly for musical instruments, such as guitars, and furniture items. The top 10 species covered by wildlife import permits account for 40.66% of all species on permits issued (see Table 37).
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 in the live import list, even if it has been imported previously or is known to be in Australia already. Anyone can apply to the minister to amend the live import list to include a new species.
In 2019–20 the minister approved 6 additions to the live import list:
- Polynesian Tiger Mosquito (Aedes polynesiensis) included in Part 2 of the list (research only, high-security facilities only)
- Silvery Marmoset (Mico argentatus) included in Part 2 of the list (eligible non-commercial purpose only, excluding household pets)
- 3 species of dung beetle (Euonthophagus crocatus, Gymnopleurus sturmi and Onthophagus marginalis spp. Andalusicus) included in Part 1 of the list (does not require a permit from the department to import)
- Puma (Puma concolor) included in Part 2 of the list (eligible non-commercial purpose only, excluding household pets; Desexed specimens only).
In 2019–20 the minister's delegate amended 2 inaccuracies with the listings:
- Electric Yellow Cichlid (Labidochromis caeruleus), on Part 1 of the list (does not require a permit from the department to import). Incorrectly listed as a cartilaginous fish, amended to list in bony fishes.
- Hermann's Tortoise (Testudo hermanni) on Part 2 of the list (eligible non-commercial purpose only, excluding household pets), updated common name.
We are assessing 6 applications received during the year for amendment to the live import list.
We received 7 applications to include potential biocontrol agents in the live import list. These will not be assessed for import unless testing indicates their efficacy as biocontrol agents.
Export of wildlife products
Part 13A of the EPBC Act requires permits to be issued for the export of regulated native species and most types of CITES-listed species. Wildlife harvesting for export is required to be ecologically sustainable and, for live animals, must meet welfare requirements.
Commercial exports of items containing native or CITES-listed species must be sourced from a program that demonstrates the ecological sustainability of the harvest. Aside from commercial fisheries, more than 113 such programs are approved under the EPBC Act for native or CITES-listed species, including plants, saltwater crocodiles, kangaroos, possums and some invertebrates.
In 2019–20 Australia issued 22.95% fewer permits for the export of wildlife than the previous year. Of the total 715 export permits and certificates issued, 541 were issued for the export of CITES-listed wildlife and 174 were issued for native species (non-CITES-listed wildlife). In addition, 13,583 personal baggage permits were issued for the export of personal items containing CITES-listed products – a 1.5% decrease from the previous year.
Species most often covered by wildlife export permits include Australian saltwater crocodiles, corals, American alligators, kangaroos and clams (see Table 38). Exports of crocodile, monitor and alligator 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.
The top 10 species covered by export permits accounted for 18.8% of all species on permits issued. Export permits are often issued to allow multiple shipments of the species under each permit; therefore, the volume of export of these species is likely to be far greater than is represented in the permit data.
Protection of natural and cultural places and values
World Heritage List
At 30 June 2020, Australia had 20 properties on the World Heritage List, following the World Heritage listing inclusion of the Budj Bim Cultural Landscape in Victoria. The Budj Bim Cultural Landscape is the first Australian World Heritage site to be nominated exclusively for Aboriginal cultural values.
For the past 6,600 years, Gunditjmara people have managed water flows from the nearby Tae Rak (Lake Condah) to harvest and farm kooyang (eels) and other fish. The Gunditjmara people modified and manipulated the water flow through the Budj Bim lava flow, to construct an ingenious engineering system and patchwork of wetlands. The World Heritage List nomination was led by the Gunditjmara Traditional Owners.
National Heritage List
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 or Commonwealth Heritage values. The Finalised Priority Assessment List is published on our website.
In considering the Heritage Council's advice, the minister added one place – Erawondoo Hill in Western Australia – to the National Heritage List in 2019–20.
There are now 117 places included in the National Heritage List.
Commonwealth Heritage List
As at 30 June 2020 there were 388 places in the Commonwealth Heritage List. No places were added during 2019–20.
Guidelines to help Commonwealth agencies to better understand management requirements for Commonwealth Heritage places are available on our website.
In 2019–20 the Australian Heritage Council approved 3 Heritage Strategies and 4 Heritage Management Plans.
Fisheries assessments and approvals
Under the EPBC Act we assess the management arrangements applied to Australian fisheries that have an export component, operate in Commonwealth waters or are managed by the Commonwealth. These assessments are carried out against Guidelines for the Ecologically Sustainable Management of fisheries – 2nd edition and aim to determine:
- the extent to which the fishery is managed in an ecologically sustainable way, including the take of any species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Part 13A)
- the impacts of actions taken under a fishery management or regime on matters of national environmental significance (Part 10)
- any impact that fishery operations may be having on cetaceans, and threatened species, migratory species, marine species and threatened ecological communities listed under Part 13 of the EPBC Act.
Of the 17 fisheries assessed in 2019–20, 4 were Commonwealth managed and 13 were state or territory managed. Nine fisheries were approved as wildlife trade operations for a period of up to 3 years and 14 were exempted from the export permitting provisions of the EPBC Act (for a period from 3 months to 10 years).
We assessed all fisheries consistent with statutory requirements (see Table 39). Following these assessments and when required, conditions or recommendations were imposed to maintain or improve the ecologically sustainable management of the fisheries in the short to medium term.
We have continued to work to improve the ecological performance of the fisheries we manage. This has resulted in a number of fisheries being able to demonstrate low risk and therefore move to longer-term approvals.
Fisheries assessments, their outcomes and any conditions or recommendations placed on a fishery’s export approval are published on our website.
Compliance and enforcement
Compliance is an important element of our regulation. It helps ensure our laws are achieving the outcomes they were designed to deliver. In February 2019 we published a new compliance policy to help the community understand how we encourage compliance and respond to non-compliance. We also published our Annual Compliance Plan for 2019–23, which sets out our annual priority compliance outcomes.
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.
In 2019–20 several compliance actions were taken:
- In December 2019 we issued 2 infringement notices to Venture Minerals under section 142B of the EPBC Act, totalling $25,200 for non-compliance with conditions attached to approval EPBC 2012/6339.
- In January 2020 we issued an infringement notice to Hovey Property Pty Ltd under section 142B of the EPBC Act valued at $12,600. We also issued a directed variation under section 143(1)(a) of the EPBC Act for non-compliance with conditions attached to approval EPBC 2014/7164.
- In May 2020 we issued 3 infringement notices to Mount Buller and Mount Stirling Alpine Resort Management Board under section 142B of the EPBC Act, totalling $38,800 for non-compliance with conditions attached to approval EPBC 2014/7303.
The minister's delegate signed 2 remediation determinations during the year:
- In April 2020 the delegate signed a determination requiring Jam Land Pty Limited to take actions on its property at Monaro, New South Wales, to mitigate impacts from the application of herbicide to a critically endangered ecological community in 2016. The remediation determination provides a balanced compliance response and a positive environmental outcome for the protection of threatened grasslands. In May 2020 Jam Land applied to the minister for a ministerial reconsideration of the determination.
- In June 2020 the delegate signed a determination requiring a landowner to take actions on their property at King Island, Tasmania, to mitigate impacts from earthworks associated with land clearing. The earthworks impacted on the adjacent Lavinia Ramsar site, in contravention of Part 3 of the EPBC Act. The remediation determination provides a balanced compliance response and a positive environmental outcome for the protection of threatened species within the Ramsar site.
In 2019–20 several matters were determined by courts:
- In October 2019 a Sydney man was found guilty of importing and exporting live regulated specimens. He was sentenced to 3 years imprisonment, to be served in the community by way of an intensive correction order, to be of good behaviour and to undertake 700 hours of community service. The Commonwealth appealed the sentence on the grounds that it was manifestly inadequate. On 18 October 2019 the Court of Criminal Appeal imposed a new aggregate sentence of full-time imprisonment for 4 years, with a non-parole period of 2 years and 6 months.
- In November 2019, a Sydney man was found guilty of attempting to smuggle native wildlife out of Australia through the post. The man was sentenced to 5 months imprisonment, with a non-parole period of 9 months.
- In November 2019 the Federal Court made a declaration on contravention, and a remediation order, that a Victorian landholder had contravened section 18(3) of the EPBC Act for works undertaken on his properties that impacted habitat for the South-eastern Red-tailed Black Cockatoo. The landholder was also ordered to implement a remediation plan across the property to mitigate the impacts.
- In January 2020, 5 Northern Territory men appeared before the NT Local Court. All 5 were convicted of offences relating to illegal hunting and entering prohibited areas in Kakadu National Park between 26 and 29 September 2018. A cumulative total of $23,635 in fines and costs was handed down. The court also ordered the forfeiture of seized hunting equipment.
- In March 2020 the Federal Court imposed civil penalties of $81,900 on J.N. and K.C. Basile Pty Ltd (fishing concession holder) and $12,000 on Mr Joseph Basile (fishing vessel skipper) for illegal commercial fishing operations. The respondents were also ordered to pay $42,500 in court costs. Between 28 and 29 June 2017 the Australian Fishing Vessel Tunamoon was used for commercial pelagic longline fishing in the Marine National Park Zone of the Flinders Commonwealth Marine Reserve.
- In May 2020 a Malaysian woman was found guilty of attempting to smuggle native reptiles out of Australia through the post. The woman was sentenced to 12 months imprisonment, with a non-parole period of 4 months.
For other court and tribunal matters see External scrutiny.
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.
In 2019–20 we provided these statements of reasons:
- Two were for decisions under Part 13A of the EPBC Act, and 13 were for referral decisions under section 75 and/or assessment approach decisions under section 87.
- One was for a referral decision under section 74B.
- Two were for a reconsideration of a referral decision under section 78.
- Nine were for assessment approach decisions under section 87.
- Six were for approval decisions under sections 130 and 133.
- Three were for a variation to conditions decision under section 143.
- One was for a decision not to revoke an approval decision under section 145.
Reconsideration of a decision
Under section 78 of the EPBC Act, reconsideration of a referral decision under section 75 of the EPBC 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 2019–20 the minister or their delegate made 195 referral decisions and reconsidered 3 referral decisions.
Committees
Australian Heritage Council
The Australian Heritage Council, established under the Australian Heritage Council Act 2003, is the minister’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 the Commonwealth Heritage List, and for advising the minister on heritage issues.
In 2019–20 the council met 4 times for ordinary meetings and held an extraordinary meeting to prepare a response to the Royal Commission on National Natural Disaster Arrangements. Further information is on our website.
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, New South Wales, Queensland, South Australian and Victorian governments on the potential water-related impacts of coal seam gas and large coal mining development proposals, including any impacts of associated salt production and/or salinity. The IESC draws upon the expertise of its members in hydrology, hydrogeology, geology and ecology, as well as the latest research and scientific information.
In 2019–20, the IESC held 6 meetings, preparing 10 pieces of advice on the potential water-related impacts of coal resource development proposals in New South Wales and Queensland.
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 Act by taking into account the significance of Aboriginal and Torres Strait Islander people's knowledge of land management and the conservation and sustainable use of biodiversity. In 2019–20 the committee held one face-to-face meeting, one meeting via videoconference and completed a range of out-of-session work.
The committee provided advice on:
- the development of the 2021 State of the Environment Report
- the next iteration of the National Environmental Science Program
- Australia’s ongoing international obligations to biological diversity and cultural heritage management
- the Review of the EPBC Act and the role of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984
- the inclusion of Indigenous Land and Sea Management targets into the Closing the Gap agenda.
Information on the committee is available on our website.
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, wildlife conservation and threat abatement plans and prepares conservation advices for approval by the minister or their delegate.
During the year, the committee held 4 meetings. At the start of 2019–20, the Threatened Species Scientific Committee had 98 species and 14 ecological communities under assessment. The committee also published a 10-point Bushfire Response Plan following the 2019–20 bushfires. Further information about the committee is on our website.
Legislative amendments
There were no legislative amendments to the EPBC Act in 2019–20.
Independent review
Under section 522A of the EPBC Act an independent review must be conducted every 10 years to consider how the Act is operating and the extent to which its objectives have been achieved. On 29 October 2019 the Australian Government appointed Professor Graeme Samuel AC to conduct the review. Professor Samuel finalised his interim report at the end of June 2020 and it was published on 20 July 2020. The final report is due in October 2020.
Statistics and other information
Environmental referrals, assessments and approvals
This comprises statistics on the operation of the EPBC Act in 2019–20.
2019–20 | Total since EPBC Act commenced in 2000 | |
Referrals received | ||
Total referrals received | 204 | 6,609 |
Total referrals withdrawn | 24 | 663 |
Referral decisions | ||
Referrals where a decision has been made | 198 | 6,117 |
Approval required – controlled action | 108 | 1,967 |
Approval not required – action to be taken in a particular manner | 5 | 1,091 |
Approval not required – no conditions on action | 84 | 3048 |
Action clearly unacceptable | 1 | 11 |
Referrals lapsed | 9 | 92 |
Approval of actions | ||
Actions approved | 77 | 1,131 |
Actions not approved | 0 | 11 |
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. These figures are an accurate reflection of referral data as of 1 July 2020.
Jurisdiction | Action clearly unacceptable | Approval required | Approval not required | Total decisions | |
CA | PM | NCA | |||
Australian Antarctic Territory | - | 1 | - | 0 | 1 |
ACT | 0 | 5 | 0 | 5 | 10 |
Christmas Island | 0 | 0 | 0 | 3 | 3 |
Commonwealth marine | 0 | 1 | 1 | 1 | 3 |
NSW | 0 | 21 | 2 | 17 | 40 |
NT | 0 | 1 | 0 | 1 | 2 |
QLD | 1 | 29 | 1 | 24 | 55 |
SA | 0 | 5 | 0 | 3 | 8 |
TAS | 0 | 2 | 0 | 0 | 2 |
VIC | 0 | 18 | 0 | 5 | 23 |
WA | 0 | 25 | 1 | 25 | 51 |
Total | 1 | 108 | 5 | 84 | 198 |
Notes: CA Controlled action. PM Action to be taken in a particular manner. NCA Not controlled action. Total includes 3 reconsiderations.
Activity category | Action clearly unacceptable | Approval required | Approval not required | Total decisions | |
CA | PM | NCA | |||
Agriculture and forestry | 0 | 2 | 0 | 3 | 5 |
Commercial development | 0 | 3 | 0 | 3 | 6 |
Commonwealth | 0 | 1 | 0 | 6 | 7 |
Commonwealth development | 0 | 1 | 0 | 0 | 1 |
Energy generation and supply (non-renewable) | 0 | 9 | 0 | 1 | 10 |
Energy generation and supply (renewable) | 1 | 14 | 1 | 9 | 25 |
Exploration (mineral, oil and gas – marine) | 0 | 0 | 0 | 1 | 1 |
Exploration (mineral, oil and gas–non-marine) | 0 | 0 | 0 | 1 | 1 |
Mining | 0 | 27 | 1 | 13 | 41 |
Natural resources management | 0 | 0 | 0 | 3 | 3 |
Private | 0 | 0 | 0 | 1 | 1 |
Residential development | 0 | 20 | 0 | 14 | 34 |
Telecommunications | 0 | 0 | 0 | 1 | 1 |
Tourism and recreation | 0 | 3 | 0 | 7 | 10 |
Transport – land | 0 | 12 | 3 | 12 | 27 |
Transport – water | 0 | 3 | 0 | 1 | 4 |
Waste management (non-sewerage) | 0 | 1 | 0 | 1 | 2 |
Waste management (sewerage) | 0 | 0 | 0 | 1 | 1 |
Water management and use | 0 | 12 | 0 | 6 | 18 |
Total | 1 | 108 | 5 | 84 | 198 |
Notes: CA Controlled action. PM Action to be taken in a particular manner. NCA Not controlled action. Total includes 3 reconsiderations.
Type | Assessments active | Assessments completed | Assessments withdrawn | Assessments lapsed |
Commonwealth assessments | ||||
Preliminary documentation – further information required | 50 | 2 | 0 | 0 |
Preliminary documentation – no further information required | 0 | 0 | 1 | 0 |
Public environment report | 2 | 0 | 0 | 0 |
Referral information | 0 | 2 | 0 | 0 |
Environmental impact statement | 2 | 0 | 0 | 0 |
State/territory assessments | ||||
Bilateral assessment | 25 | 0 | 1 | 0 |
Accredited process | 25 | 0 | 0 | 0 |
Total | 104 | 4 | 2 | 0 |
Matter protected | Action Clearly Unacceptable | Not controlled action –particular manner | Controlled action | |
Division 1 | Matters of national environmental significance | |||
Section 12 | World Heritage values of a World Heritage listed property | 0 | 0 | 2 |
Section 15B | National Heritage values of a National Heritage listed place | 0 | 0 | 6 |
Section 16 | Ecological character of a declared Ramsar wetland | 0 | 0 | 8 |
Section 18 | Listed threatened species or ecological community | 1 | 5 | 104 |
Section 20 | Listed migratory species | 0 | 2 | 22 |
Section 21 | Nuclear activities with a significant impact on the environment | 0 | 0 | 2 |
Section 23 | Commonwealth marine environment | 0 | 2 | 6 |
Section 24A | Commonwealth marine environment actions by the Commonwealth or a Commonwealth agency | 0 | 0 | 1 |
Section 24B | Activities in the Great Barrier Reef Marine Park | 0 | 0 | 1 |
Section 24D | Affects at least one water resource | 0 | 0 | 8 |
Division 2 | ||||
Section 26 | Commonwealth land | 0 | 0 | 4 |
Section 27B | Activities involving Commonwealth Heritage listed places overseas | 0 | 0 | 0 |
Section 28 | Commonwealth or Commonwealth agency activity | 0 | 0 | 2 |
Total | - | 1 | 9 | 166 |
Note: This table refers to matters of national environmental significance considered in 2019–20 by section and decision, regardless of the number of referrals received.
Access to biological resources and benefits sharing
Provision | Applications received | Permits granted | Conditions varied or revoked | Suspended or cancelled |
Section 238(3)(a) cetacean conservation; or (b) incidental interference | 9 | 6 a | 3 | 0 |
Section 238(3)(c) whale watching | 0 | 0 | 0 | 0 |
Total | 9 | 6 | 3 | 0 |
a One permit application withdrawn and 2 applications currently under consideration and not yet issued.
Protection of species and ecological communities
Species and ecological communities | Status |
Listings (scientific name or name of ecological community) | |
Poplar box grassy woodland on alluvial plains | Listed as Endangered (one ecological community) |
Illawarra–Shoalhaven Subtropical Rainforest of the Sydney Basin Bioregion Robertson Rainforest in the Sydney Basin Bioregion Tasmanian forests and woodlands dominated by black gum or Brookers gum Tuart forests and woodlands on the Swan coastal plain | Listed as Critically endangered (4 ecological communities) |
Thalassarche cauta (Shy Albatross) Petaurus australis Wet Tropics subspecies (Yellow-bellied Glider (Wet Tropics)) | Transferred from Vulnerable to Endangered (2 species) |
Falco hypoleucos (Grey Falcon) | Listed as Vulnerable |
Item | Species | Ecological communities | Key threatening processes |
Items on which the Threatened Species Scientific Committee has provided advice to the minister | 23 | 6 | 0 |
Ministerial decisions made on Threatened Species Scientific Committee advice | 3 | 5 | 0 |
Ministerial decisions made on Threatened Species Scientific Committee advice in the following categories | |||
Uplisted | 2 | 0 | N/A |
Downlisted | 0 | 0 | N/A |
New listings | 1 | 5 | 0 |
Deleted | 0 | 0 | 0 |
Amendments to the list | 3 | 5 | 0 |
Ineligible | 0 | 0 | 0 |
No change in status | 0 | 0 | 0 |
Item | Species | Ecological communities | Total |
Total number of listed threatened species and ecological communities | 1,891 | 85 | 1,976 |
Number of listed threatened entities covered by approved conservation advices | 1,413 | 71 | 1,484 |
Number of listed threatened entities covered by recovery plans in force | 719 | 27 | 746 |
Number of listed threatened entities requiring recovery plans but not covered by a recovery plan in force | 142 | 30 | 172 |
Key threatening process | Date of effect | Threat abatement plan required | Approved threat abatement plan |
Competition and land degradation by feral rabbits | 16 July 2000 | Yes | Yes |
Competition and land degradation by unmanaged goats | 16 July 2000 | Yes | Yes |
Dieback caused by the root-rot fungus (Phytopthora cinnamomi) | 16 July 2000 | Yes | Yes |
Incidental catch (or bycatch) of seabirds during oceanic longline fishing operations | 16 July 2000 | Yes | Yes |
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 anthropogenic emissions of greenhouse gases | 4 April 2001 | No | N/A |
Psittacine circoviral (beak and feather) disease affecting endangered psittacine species | 4 April 2001 | No | N/A |
Incidental catch (bycatch) of sea turtles during coastal otter-trawling operations within Australian waters north of 28 degrees south | 4 April 2001 | No | N/A |
Predation, habitat degradation, competition and disease transmission by feral pigs | 6 August 2001 | Yes | Yes |
Reduction in the biodiversity of Australian native fauna and flora due to red imported fire ant (Solenopsis invicta) | 2 April 2003 | No | N/A |
Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris | 13 August 2003 | Yes | Yes |
Loss of biodiversity and ecosystem integrity following invasion by the yellow crazy ant (Anoplolepsis gracilipes) on Christmas Island, Indian Ocean | 12 April 2005 | No | N/A |
Biological effects, including lethal toxic ingestion, caused by cane toads (Bufo marinus) | 12 April 2005 | Yes | Yes |
Predation by exotic rats on Australian offshore islands of less than 1,000 km2 (100,000 ha) | 29 March 2006 | Yes | Yes |
Invasion of northern Australia by gamba grass and other introduced grasses | 16 September 2009 | Yes | Yes |
Loss and degradation of native plant and animal habitat by invasion of escaped garden plants, including aquatic plans | 8 January 2010 | No | N/A |
Novel biota and its impact on biodiversity | 26 February 2013 | No | N/A |
Aggressive exclusion of birds from potential woodland and forest habitat by overabundant noisy miners (Manorina melanocephela) | 9 May 2014 | No | N/A |
N/A Not applicable
International wildlife trade and management
Species | Number of seizures | |
1 | Costus, Aucklandia, Mu Xiang (Saussurea costus) | 63 |
2 | Lizard (Scincidae spp.) | 52 |
3 | Snake (Elapidae spp.) | 47 |
4 | Crocodylia spp. | 45 |
5 | Ginseng (Panax spp.) | 31 |
6 | Scorpion (Scorpiones spp.) | 20 |
7 | Coral | 14 |
8 | Bird | 14 |
9 | Bear (Ursidae spp.) | 12 |
9 | Elephant | 12 |
9 | Rosewood (Dalbergia spp.) | 12 |
Notes: At the time of preparing this report a total of 365 notices of seizure had been issued in 2019–20. Some border seizures are not reported to the department in time to be included in annual reports. In 2019, 489 notices of seizure were received in time for inclusion in the 2018–19 annual report. The total number of notices issued in 2018–19 was 508.
Species | Number of import permits issued |
American alligator (Alligator mississippiensis) | 690 |
Common water monitor (Varanus salvator) | 179 |
Nile crocodile (Crocodylus niloticus) | 129 |
Common caiman (Caiman crocodilus crocodilus) | 126 |
Burmese python (Python bivittatus) | 123 |
Reticulated python (Python reticulatus) | 118 |
Saltwater crocodile (Crocodylus porosus) | 97 |
Orchids (Gastrodia elata) | 67 |
Prince of orchids (Phalaenopsis amabilis) | 62 |
Indian rosewood (Dalbergia latifolia) | 54 |
Species | Number of import permits issued |
American alligator (Alligator mississippiensis) | 108 |
Stony corals (order: Scleractinia) | 94 |
Corals (Class: Anthozoa) | 92 |
Fire corals (Class: Hydrozoa) | 92 |
Saltwater crocodile (Crocodylus porosus) | 91 |
Eastern grey kangaroo (Macropus giganteus) | 54 |
Red kangaroo (Macropus rufus) | 50 |
Elongate giant clam (Tridacna maxima) | 21 |
Fluted giant clam (Tridacna squamosa) | 20 |
Reticulated python (Python reticulatus) | 19 |
Fisheries assessment and approvals
Jurisdiction | Fishery | Current assessment decisions | Decision date | Expiry date |
Commonwealth | Ross Sea Exploratory Toothfish in CCAMLR Region |
| 19 August 2019 | 18 August 2022 |
Commonwealth | Southern Bluefin Tuna Fishery |
| 15 November 2019 15 November 2019 | 10 November 2022 10 November 2022 |
Commonwealth | Western Tuna & Billfish Fishery |
| 15 November 2019 15 November 2019 | 14 November 2022 14 November 2022 |
Commonwealth | Eastern Tuna & Billfish Fishery |
| 19 August 2019 19 August 2019 | 18 August 2022 18 August 2022 |
Commonwealth | Small Pelagic Fishery |
| 26 June 2020 | 20 November 2023 |
NSW | Southern Cross Botanicals – Sea Kelp |
| 9 April 2020 | 8 April 2023 |
NT | Timor Reef Fishery |
| 9 December 2019 | 8 December 2024 |
NT | Aquarium Fishery |
| 30 May 2019 4 December 2019 4 December 2019 | 3 December 2022 3 December 2022 |
NT | Demersal Fishery |
| 9 December 2019 | 8 December 2024 |
QLD | Commercial Trawl (Fin Fish) |
| 13 February 2020 | 13 August 2020 |
QLD | Gulf of Carpentaria Line Fishery |
| 15 November 2019 15 November 2019 | 14 November 2022 14 November 2022 |
QLD | Line Fishery (Coral) |
| 13 February 2020 | 12 February 2025 |
SA | Marine Scalefish Fishery |
| 10 September 2019 10 September 2019 | 9 September 2022 9 September 2022 |
TAS | Giant Crab Fishery |
| 10 January 2020 | 9 January 2025 |
WA | West Coast Purse Seine Fishery & Development Zones |
| 10 January 2020 10 January 2020 | 9 January 2023 9 January 2023 |
WA | Marine Aquarium Fish Managed Fishery |
| 14 October 2019 | 13 October 2022 |
WA | South Coast Crustacean Fishery (extension) |
| 16 June 2020 | 15 June 2025 |
Commonwealth | Small Pelagic Fishery |
| 26 June 2020 | 25 June 2023 |
Notes: WTO: the approval wildlife trade operation. Exempt: the fishery is managed sustainably and added to the List of Exempt Native Specimens (LENS). Part 13 accreditation: the approval of a management plan, or management regime that ensures fishers take all reasonable steps to avoid killing or injuring protected species.
Meeting statutory time frames
The EPBC Act and Regulations specify time frames within which decisions must be made and other actions completed. If the time frames are not met then, in accordance with section 518 of the EPBC Act, a statement must be provided setting out the reasons for the delay. Decisions that were not made within statutory time frames in 2019–20 and the reasons for delay are listed in Table 40.
Section | Total | Late | Reasons for delay |
273(2) Ensuring recovery plans are in force within extended statutory deadline | 7 | 7 a | Administrative delay |
303CI Time limit for making permit decisions – CITES | 2,271 | 13 | 8 administrative delays 5 system errors |
303DH Time limit for making permit decisions – Native (non-CITES) | 206 | 1 | 1 administrative delay |
341JH Provision of National Heritage assessments to the Minister | 2 | 1 b | Delayed pending finalisation of marine park management plan. |
341H Minister to invite Commonwealth Heritage list nominations for each assessment period | 1 | 1 | Australian Heritage Council recommendation to prioritise nomination of places for the National Heritage List |
341JA(1) Australian Heritage Council to prepare proposed priority assessment list for the Commonwealth Heritage List. | 1 | 1 | Australian Heritage Council recommendation to prioritise nomination of places for the National Heritage List |
a Three species and 4 ecological communities became overdue in 2019–20. b Between 30 June 2019 and 30 June 2020, one statutory decision deadline for the provision of National Heritage assessments to the minister expired: Coral Sea National Heritage Assessment.
Publications in 2019–20
Guides
Tuart Woodlands and Forests of the Swan Coastal Plain: A Nationally Significant Ecological Community, Department of the Environment and Energy, 2019.
Visit
https://www.transparency.gov.au/annual-reports/department-agriculture-water-and-environment/reporting-year/2019-20-28