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Document Index
1999-2000 Ministerial Statements

Investing in our Natural and Cultural Heritage
Chapter 3


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COMMONWEALTH-STATE RELATIONS


The Council of Australian Governments (COAG) Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment gives substance to the Government's commitment to a revitalised partnership with State, Territory and local governments to protect the environment. The Agreement provides a more effective framework for intergovernmental relations on the environment, which will provide greater certainty for participants in environment issues, minimise duplication of effort and facilitate improved environmental outcomes.

The Agreement focuses Commonwealth responsibilities and interests on matters of national environmental significance. It streamlines environmental assessment and approvals processes, provides for improved Commonwealth compliance with State and Territory environment and planning laws and establishes a framework for more effective establishment and administration of national environmental programmes.

The Australian and New Zealand Environment and Conservation Council (ANZECC) is the ministerial forum for cooperation and consultation between jurisdictions on environmental matters. The Council has agreed on a set of priority matters for consideration and action over the medium term: water, marine, greenhouse, industry waste reduction and vegetation management. The Council is making progress towards the following objectives:

Inter-Governmental Coordination and Cooperation

Intergovernmental coordination and cooperation on a range of specific issues has resulted in mechanisms for effective environmental management for forests, oceans and National Environment Protection Measures.

Forests

Regional Forest Agreements (RFAs) provide a blueprint for the future management of native forests in an ecologically sustainable manner. RFAs will secure a forest conservation reserve system and ensure long-term access to forests for an internationally competitive and ecologically sustainable forest products industry with the opportunity for greater value adding. To date, three RFAs have been signed for Tasmania, East Gippsland and the Victorian Central Highlands. Presently, Western Australian, Queensland, New South Wales, and additional Victorian RFAs are under negotiation.

The Regional Forest Agreements Bill was introduced into Parliament on 30 June 1998. The Bill lapsed with the announcement of the election and was reintroduced to Parliament on 26 November 1998 and was passed by the House of Representatives on 9 February 1999. The Bill is yet to be debated in the Senate. Once passed and enacted, the Bill will exempt certain RFAs' forestry operations from existing environmental heritage legislation given that such legislation has been fully taken into account by the RFAs themselves. It is the Commonwealth Government's intention to finalise RFAs by the end of 1999 for all regions that produce export woodchips. Woodchip exports from areas not covered by RFAs will be prohibited from 1 January 2000.

Oceans

Most of the area of ocean under Australian jurisdiction is the direct responsibility of the Commonwealth Government. However, there are also significant coastal waters where the Commonwealth has handed primary management responsibility to the States and Territories.

Australia's Oceans Policy was released in December 1998. Implementing a National Oceans Policy will need increased coordination between the National, State and Territory Governments to integrate planning and management, ensuring that jurisdictional boundaries do not hinder effective management. The Government is seeking the early and full endorsement of Australia's Oceans Policy by the States and Territories (see Chapter 9).

The Coasts and Clean Seas Memoranda of Understanding (MOUs) are the primary mechanisms for the delivery of Coasts and Clean Seas programmes and for outlining processes by which intergovernmental cooperation in relevant aspects of coastal management can be achieved in each State and the Northern Territory. The MOUs are tripartite agreements between the Commonwealth, State and Territory and local government (see Chapter 9).

National Environment Protection Measures

The National Environment Protection Council has now made three National Environment Protection Measures (NEPMs) which adopt a national approach to environmental issues. The three NEPMs are the National Pollutant Inventory, the Ambient Air Quality and the Movement of Controlled Waste between States and Territories. Draft NEPMs are under consideration for the Assessment of Contaminated Sites and Used Packaging Materials. Preliminary scoping work has commenced on a NEPM for Diesel Emissions.

Commonwealth-initiated Strategies and Processes

The Commonwealth continues to expand its activities to protect and enhance Australia's environment in response to both domestic and international priorities and responsibilities. The Commonwealth's environmental initiatives are guided by the Intergovernmental Agreement on the Environment and the National Strategy for Ecologically Sustainable Development which seek, among other things, to integrate economic, environmental and social considerations in national strategies and processes.

The Productivity Commission inquiry into the implementation of Ecologically Sustainable Development (ESD) by Commonwealth departments and has provided an opportunity to promote ESD implementation. The Productivity Commission Draft Report promotes best practice policy making through integration of economic, social and environmental considerations into decision making. The draft recommendations also include a call for improved communication between Commonwealth departments and agencies and between Ministerial Councils on ESD issues and development of ESD performance indicators and an intergovernmental framework to facilitate ESD performance monitoring. Environment Australia has made two submissions to the inquiry.

Contact: Environment Australia, Portfolio Strategies Group -- 02 6274 1387

Commonwealth Environmental Legislation and Legal Activities

On behalf of the Commonwealth, the Attorney-General's Department and the Australian Government Solicitor perform a number of legal activities relating to the environment.

The Department can provide advice on a range of matters, such as: international environmental law and its implementation in Australia, policy and legal advice on the application of Commonwealth administrative law and merits review of decisions made under Commonwealth environmental legislation.

Environment Australia and other Commonwealth agencies and authorities can engage the Australian Government Solicitor for legal advice and advocacy services on environment-related matters. This is especially so in areas of constitutional law, commercial law, administrative law and litigation concerning contaminated land.

Contact: Attorney General's Department -- 02 6250 6666

Contact: Australian Government Solicitor -- 02 6250 5555

The Office of Parliamentary Counsel provides legislative drafting resources according to Government legislative priorities. A range of environmental legislation, including the Environment Protection and Biodiversity Conservation Bill, has been prepared for introduction into Parliament. The Office will continue to draft environmental legislation in accordance with instructions received from Environment Australia and other Commonwealth agencies.

Contact: Office of Parliamentary Counsel -- 02 6270 1400

The Australian Institute of Criminology (AIC), a Commonwealth Statutory Authority under the Attorney General's portfolio, is planning a national overview of policy and practice on the prevention of environmental crime. The emphasis of the project is on the prevention of harm to the environment, and the development of efficient and effective means of improving environmental quality through the promotion of behaviour which is environmentally responsible and economically beneficial. The project is scheduled to commence in July 1999.

Contact: Australian Institute of Criminology -- 02 6260 9226

The Australian Federal Police (AFP) investigates breaches of Commonwealth legislation to protect the environment. This includes deterring criminal activity such as:

Contact: Australian Federal Police -- 02 6275 7583


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