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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.
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.
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).
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.
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
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