June/July 2001

Web Watch


EPBC Act Online

Environment Australia has created a website that deals specifically with the Environment Protection and Biodiversity Conservation (EPBC) Act 1999. The site stems from the Environment Australia home page and is found at www.environment.gov.au/epbc

The site loads quickly, is regularly updated, and its contents explain all aspects of the EPBC Act in extensive detail. The information is pertinent to the oil and gas industry for data about the cetacean and seismic issue.

Unfortunately, the site can be difficult to navigate if you are targeting specific details or haven't visited it before. The search facility will help but, as with most internet searches, will also reveal a long list of irrelevant documents that must be sorted through in order to find the desired information.

From the EPBC home page, information is classified into the following sections:

About the EPBC Act
This section contains an overview of the EPBC Act and Regulations as well as the entire Act, which can be downloaded as a 'word' file (2MB). Also in this section is the Environ-mental Reform (Consequential Provisions) Act 1999, proposed amendments to the EPBC Act and a list of answers to frequently asked questions. The screens are available in 'pdf' format, for ease of storage and printing.

Assessments and Approvals
Included in this section is information on the procedure for referrals, assessments and approvals made under the Act, Ministerial declarations, provision of exemptions, use of strategic assessments and environmental advice on Commonwealth authorisations.

Interactive Map and Interview
The interactive section contains a number of support tools.

An interactive map brings together infor-mation from government, research and community groups, to help industry identify areas that may need to be considered under the Act. Other functions of the map facility include identifying any threatened species that exist in the area of interest and what other development projects have been notified under the Act.

The online interview is an electronic questionnaire that can be used in conjunction with the electronic map to determine whether the action under consideration requires a referral or permit.

Biodiversity Conservation
Explains the reasoning behind and functioning of the biodiversity component of the EPBC Act.

Permits
Once aware of the permit an action requires, the permit application can be found in this section. Most forms are supplied in 'Word' format and can be completed, but not submitted, on the computer.

Compliance and Enforcement
Explains the government's compliance and enforcement mechanisms, including the penalties that apply for actions taken without approval.

What's New
Contains press releases on the development and use of the legislation.

Public notices and latest news
This page is sorted into the following categories:
Referrals, assessments and approvals
All of the referrals made under the EPBC Act are listed on this page. Clicking on the title of a referral will reveal its present status, invitations for public comment, whether the action requires approval and, if so, if approval has been granted.
Bilateral agreements
Contains notices about bilateral agreements and ministerial declarations.
Listed species, cetaceans and protected species
Includes notices about listed threatened species and communities, listed migratory species, cetaceans and protected species.
Notices about protected areas
Contains public notices about protected areas, specifically World Heritage properties, Ramsar wetlands, Commonwealth reserves, conservation zones and biosphere reserves.

Seismic And Cetaceans – Proposed Guidelines Now Online

Environment Australia (EA), the federal department in charge of environment and heritage, has posted the proposed guidelines relating to interactions between offshore seismic operations and cetaceans, on the internet.

The guidelines, which were developed through corroboration between EA, APPEA and the IAGC, aim to make those involved in offshore seismic aware of their obligations under the Environmental Protection and Biodiversity Conservation (EPBC) Act, with regard to actions in waters inhabited by cetaceans.

To locate the guidelines:
1. Go to www.environment.gov.au/marine/ species/cetaceans/guide.html
2. Click on the Guidelines for Interactions Between Offshore Seismic Operations and Whales heading.
3. Click on the guidelines hyperlink.
4. The guidelines are available in both 'pdf' file and Word document.

The guidelines will be available for feedback from interested parties until June 30th, 2001. Comments should be forwarded to Tony Bigwood, Director of EA's Marine Species Section, who has been heavily involved with the creation of the guidelines. Bigwood's contact details are available on the above website. To date, Bigwood has received six responses, of which only three have been substantial.

Bigwood commented that the three substantial responses have been from researchers or environmental consultants in the UK or Europe who are involved with the issue of cetaceans and their interactions with seismic sources. The comments drew on the experience of researchers in their local region and were not specific to Australian research.

Bigwood said that the comments to date have been useful in exposing what work is going on overseas in this area. He has identified two trends in the comments made so far. Firstly, in relation to larger whales, the Australian guidelines differ from guidelines of other countries, although the Australian guidelines appear reasonable. Secondly, there is concern over the impact seismic sources may be having on dolphins and other smaller odontocetes, which is an area that has not been addressed by the EA's draft guidelines.

"The greatest concern expressed to date has been concern over how smaller odontocetes, which are toothed whales and include dolphins and beaked whales, are to be dealt with in Australia, and concern that these species are impacted by seismic sources", Bigwood said.

The EA is encouraged that people are responding to the guidelines. Bigwood strongly suggests that those with interests in the field take the time to read the draft guidelines, consider whether they are practicable and whether they address any concerns they have, and comment accordingly.