Australia
From SEA.unu.edu/wiki
Strategic Environmental Assessment in Australia The Australian Government Department of the Environment and Water Resources website [1] is the prime site for information on SEA in Australia, with the main link to strategic assessment being here [2] . Additonal information is given below.
Sharon Whiting
Contents |
Regulations and Guidance
Introduction
With the introduction of the Environmental Protection (Impact of Proposals) Act 1974 (now repealed), Australia became one of the first countries to introduce strategic environmental assessment requirements. However, only a small number of strategic assessments were carried out due to lack of political will.
Increasing global recognition of the need for sustainable development and for environmental considerations to be taken into account earlier in the development process was reflected within Australia during the 1990s, with various debates on ecologically sustainable development (ESD). These debates together with a substantial review of Commonwealth Environmental Impact Assessment procedures led to recommendations that SEA should be applied to policies, plans and programmes, and provision for SEA be included in new legislation (Marsden,2002). Some consider Australia to be at the forefront of SEA research during this period (Marsden and Dovers, 2002).
The Regulatory Framework in Australia
Australia operates under a federal system of government, with different tiers of government at the Commonwealth, states and territories level. Although the Federal Government has the power to legislate in the territories, Commonwealth legislation only applies to the states where permitted by the Australian constitution. This has led to a complexity of environmental impact assessment legislation at federal and state level.
In November 1997 the heads of government of the Commonwealth, states and territories agreed that a more effective framework for intergovernmental relationships on the environment was needed, and signed the Heads of Agreement on Commonwealth/State Roles and Responsibilities for the Environment. The agreement acknowledged the need for reform concerning, among other things, matters of national environmental significance and environmental assessment and approval processes. More information on the agreement can be found at: [3]
Regulations
National/Commonwealth
At national level the key piece of environmental legislation is the Environmental Protection and Biodiversity Conservation Act 1999 as amended (EPBC Act 1999) . This Act makes Strategic Environmental Assessment mandatory in certain circumstances. The Act superceded the Environment Protection (Impact of Proposals) Act 1974 (EPIP Act), together with a number of other federal statutes.
The EPBC Act implemented some of the aspects of the Heads of Agreement referred to above. It strengthened the role of the Federal Government in protecting matters of national environmental significance. Part 3 of the Act defines matters of national environmental significance as being:
- World Heritage properties
- National Heritage places
- Wetlands of international importance (Ramsar sites)
- Listed threatened species and ecological communities
- Listed migratory species
- Commonwealth marine areas
- Protection of the environment from nuclear actions
Part 10 of the Act (Section 146) makes provision for the SEA of policies, plans and programmes where the impact of actions is likely to have a significant effect on matters of national environmental significance. In certain cincumstances the strategic assessment of other impacts may be required, as detailed under “stages of SEA” below. The need for strategic assessment is initiated by agreement between the proponent of the policy, plan or programme and the Federal Minister for the Environment and Water Resouces.
In addition, Sections 147-154 of the Act require the strategic assessment of Commonwealth managed fisheries and all fisheries involved in the export industry. The Act required all existing and new policies, plans and programmes approved under the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984 to be accredited under the EPBC Act within five years of the commencment of the Act.
SEA-style processes were in existence prior to the introduction of the EPBC Act 1999. The National Environmental Protection Measures Act 1998 requires environmental impact statements (EISs) to be produced for national environmental protection measures, e.g. relating to air quality and the movement of controlled waste. The National Forest Policy Statement (1992) was endorsed by the Federal Government and all states and territories, and made provison for comprehensive regional assessments (CRA) to be carried out. CRA comprises an environmental, economic and social assessment, carried out prior to regional forest agreements (RFAs) being concluded, with the process containing many characteristics of SEA (Dalal-Clayton and Sadler, 2005). By 2005, CRA had been carried out on 11 RFAs.
The CRA and RFA process developed from an earlier SEA-style process introduced by the Australian Resource Assessment Commission (RAC) Act 1989. The Act established the Commission to carry out inquiries on resource policy matters as referred to it by the Prime Minister. Although only three inquiries were conducted before the Commission was disbanded, the first inquiry (Forest and Timber, 1989-92), incorporated an integrated strategic environmental and sustainability assessment. The Act remains on the statute books.
State/Territory Regulation
At state/ territory level, various states take a strategic approach to development proposals and have their own SEA-style systems, examples of which are given below:
New South Wales: The state has legislative provision for SEA under the Protection of the Environment Operations Act 1997. In addition, regional and local plans often have to carry out environmental studies of land likely to be affected, under the Environmental Planning and Assessment Act 1979.
Victoria: The significant effects that a development scheme is likely to have on the environment has to be taken into account by planning authorities. The Victorian Coastal Strategy took an ad-hoc SEA approach.
Queensland: The potential exists to apply SEA to an extent.
South Australia: Informal SEA is used in coastal planning e.g. South Australian Marina Strategy 1989 (Harvey, 2000).
Tasmania: The potential exists to apply SEA to an extent.
Western Australia: Between 1995-2001 approximately 40 informal strategic assessments were undertaken by the Environmental Protection Agency (EPA) on a range of proposals, under the Environmental Protection Act 1986. The EPA also provided an environmental review for the strategic-level assessment of the Gorgon Gas development off the Pilbara Coast, Western Australia, carried out by the State Government 2002-2003. Following amendments in 2003 to the Western Australia Environmental Protection Act 1986, the EPA can now formally assess strategic proposals likely to have a significant effect on the environment. In addition, the amendments allow proponents to refer their proposals to the EPA voluntarily.
Further information can be obtained on environmental matters from the websites of the six mainland states and two mainland territories using the following links: Australian Capital Territory [4] Northern Territory [5] New South Wales [6] Queensland [7] South Australia [8] Tasmania [9] Victoria [10] Western Australia [11]
Guidance
National/Commonwealth
The Australian Government Department of the Environment and Heritage has issued an Environment Protection and Biodiversity Conservation Act 1999 Fisheries Assessment Information Sheet which can be inspected at [12] It has also published “Guidelines for the Ecologically Sustainable Management of Fisheries”. (Referred to in the information sheet- see [13])
State/territory
In addition some of the States have issued guidance on strategic assessment, for example: Victoria: Strategic Assessment Guidelines for Planning Scheme Amendments [14]
Western Australia: Fremantle Ports Outer Harbour Project Strategic Assessment Guidelines October 2005 [15]
Stages in the SEA process
The provisions of Section 146 of the Environmental Protection and Biodiversity Conservation Act 1999 as amended sets out the following stages for strategic assessment:
Establishing the need for Strategic Assessment
1. The proponent of the policy/plan/programme requests the Minister for the Environment and Water Resources for a direction on the requirement for a Strategic Assessment to be carried out.
2. The Minister gives written agreement or otherwise that a strategic assessment be made of the impacts of actions under the policy, plan or programme on matters of national environmental significance (as defined in Part 3 of the Act).
3. The agreement may also specify that strategic assessment of other impacts of actions under the policy/plan/programme are required where:
- Actions are to be taken by a state or self-governing territory;
- The Minister of the state/territory has requested that the assessment deal with those other impacts; and
- The actions are to be taken for the purposes of trade or commerce between Australia and another country, between states/territories/ or by a constitutional corporation.
Preparation of the Strategic Assessment
4. The agreement between the Minister for the Environment and the proponent of the policy/plan/progamme must provide for:
- Preparation of terms of reference for a report on impacts to which the agreement relates or the following:
- Preparation of draft terms of reference for a report on impacts to which the agreement relates
- Publication of draft terms of reference for public comment for a period specified by the Minister (at least 28 days)
- Finalisation of terms of reference in agreement with the Minister (taking any public comments into account)
- Preparation of draft report on impacts to which the agreement relates
- Publication of draft report for public comment for a period specified by the Minister (at least 28 days)
- Finalisation of the report (taking any public comments into account) and submission to the Minister
Recommendations by the Minister for the Environment and Water Resources
5. In making recommendations:
- The Minister consults any other Minister who has responsibilities relating to the action or class of actions on the decision he proposes to make.
- The Minister makes recommendations to the proponent about policy/plan/programme (which may include modifications)
- The Minister endorses the policy/plan/programme providing the strategic assessment report addresses the impacts to which the agreement relates and satisfactory modifications have been made where recommended.
6. Where the agreement relates to actions to be taken in a state/territory the Minister informs the Minister of the state/territory that the agreement has been made and what the actions are.
General considerations
In carrying out the above the Minister for the Environment must consider anything relevant to matters of national environmental significance (as defined in Part 3 of the Act), and economic and social matters, and take into account the principles of ecologically sustainable development.
Strategic assessment of Commonwealth owned fisheries
Sections 147-154 of the Environmental Protection and Biodiversity Conservation Act 1999 set out requirements for the assessment of Commonwealth owned fisheries, following a similar procedure to the above. A flowchart giving an overview of the strategic assessment process for Commonwealth managed fisheries under the EPBC Act is contained in the Australian Government Department of the Environment and Heritage EPBC Act 1999 Fisheries Assessment Information Sheet. [16]
Evaluation of the SEA system
The SEA system in Australia operates at two levels. At Federal Government level the provisions of the EPBC Act for strategic assessment are concerned with actions likely to have a significant impact at Commonwealth level. The EPBC Act has received some criticism; the following weaknesses are taken from Marsden’s evaluation of Section 146 of the EPBC Act concerning strategic assessment compared to international best practice in SEA. (Marsden and Dovers, 2002)
- The EPBC Act Section 146 does not require strategic assessment; the need for assessment depends on the agreement of the proponent of the policy, plan or programme and the Minister for the Environment. Much therefore depends on the discretion of the Minister.
- Section 146 (1) refers only to the adoption or implementation of a policy, plan or programme, whereas SEA should be applied as early as possible in the process before decisions are taken on need and alternatives.
- Section 146(2) does not indicate what the report on impacts should contain, only that it should take into account any public comment received.
- There is little mention of the objectives of strategic assessment in the Act.
- The Act does not make express provision for the assessment of alternatives.
- The range of impacts upon which strategic assessment can be carried out under the Act is limited. For example other matters of national environmental significance such as forestry practises could have been covered by the Act.
- The Act does not make explicit provision for the consideration of cumulative impacts (although the wording of Section 146(1A) refers to “other certain and likely impacts” which could be argued to cover them).
- There is no independent body overseeing the strategic assessment process.
- Monitoring is given insufficient emphasis.
Despite these weaknesses Marsden concludes that the Commonwealth EPBC Act 1999 provisions for SEA are a “step in the right direction”, and considers that Sections 147-154 concerning the strategic assessment of fisheries complies with all SEA best practice principles to an extent. (Marsden and Dovers, 2002). It is clear that the introduction of the Act has led to a number of strategic assessments being carried out.
At state level legislative provison for SEA varies; however there are various examples of SEA style assessments being undertaken.
Case Studies
Strategic assessments published for public comment
The Australian Government Department of the Environment and Water Resources publishes lists of Strategic Assessment Notices which have links to the relevant Strategic Assessment documents. See [17]
Strategic assessments for Commonwealth fisheries
113 strategic assessments of fisheries were completed between 2000 and 2006 (Department of the Environment and Heritage, 2006). A list of Strategic Assessments for Commonwealth Fisheries with associated links can be found at [18] with the current list being as follows:
- Bass Strait Scallop Central Zone Fishery
- Coral Sea Fishery
- Eastern Tuna and Billfish Fishery
- Heard Island and McDonald Islands Fishery
- Informally Managed Fishing Permits
- Macquarie Island Toothfish Fishery
- New and Exploratory Fisheries in the CCAMLR Region
- Northern Prawn Fishery
- Skipjack Tuna Fishery
- Small Pelagics Fishery
- Southern and Eastern Scalefish and Shark Fishery
- Southern and Western Tuna and Billfish Fishery
- Southern Bluefin Tuna Fishery
- Southern Squid Jig Fishery
- Torres Strait Beche-de-mer Fishery
- Torres Strait Crab Fishery
- Torres Strait Finfish Fishery
- Torres Strait Pearl Shell Fishery
- Torres Strait Prawn Fishery
- Torres Strait Trochus Fishery
- Torres Strait Tropical Rock Lobster Fishery
- Torres Strait Turtle and Dugong Fishery
- Western Trawl Fisheries
Other strategic assessments
Other examples of SEAs produced to date include the following:
Offshore Petroleum Exploration and Appraisal Activities Draft Strategic Assessment Report 2005 [19]
Strategic Assessment of Activities on Christmas Island [20]
Strategic Environmental Assessment of Defence Activities in the Great Barrier Reef World Heritage Area prepared for Directorate of Environmental Stewardship, Department of Defence, 18 January 2006 [21]
Western Tuna and Billfish Fishery Strategic Assessment [22]
New South Wales: Coal Mining Potential in the Upper Hunter Valley Strategic Assessment December 2005 [23]
Western Australia: A Strategic Assessment of the Compatibility of petroleum Industry Activities with the Environmental Values and Cultural Uses of the Shark Bay World Heritage Area [24]
Bibliography and further reading
Commonwealth of Australia (1999). Environmental Protection and Biodiversity Conservation Act 1999 Act No. 91 of 1999 as amended. Commonwealth of Australia [25]
Dalal-Clayton, B. and Sadler, B. (2005) Strategic Environmental Assessment Earthscan
Department of the Environment and Heritage (2006) Annual Report 2005-2006: Operation of the Environment Protection and Biodiversity Conservation Act 1999 retrieved on 10 March 2007 from [26]
Glasson,J., Therivel, R. and Chadwick,A. (2005). Introduction to Environmental Impact Assessment 3rd Edition Routledge
Harvey, N. (2000). Strategic Environmental Assessment in coastal zones, especially Australia’s. Impact Assessment and Project Appraisal Volume 18 Number 3 September 2000, pp.225-232
IAIA Conference on Strategic Environmental Assessment, Prague (September 2005) Legal and Policy Framework for SEA in Australia, New Zealand and the Pacific Position Paper retrieved on 8 March 2007 from [27]
Marsden,S. and Dovers,S. (2002). Strategic Environmental Assessment in Australasia The Federation Press
Marsden,S. (2002). An international overview of Strategic Environmental Asessment, with reference to world heritage areas globally and in Australian coastal zones. Journal of Environmental Assessment Policy and Management Volume 4, Number 1 March 2002, pp.31-66
Mullins, N. and Parker, R. Overcoming Institutional Barriers: Strategic Environmental Assessment for Integrated Catchment and Coastal Zone Management Coast to Coast 2002 pp.307-310.
