THE AUSTRALIAN GOVERNMENT RESPONSE TO: The Independent Review of the Port of Gladstone (July 2013) and The Independent Review of the Bund Wall at the Port of Gladstone (April 2014) August 2015 TABLE OF CONTENTS BACKGROUND TO THE REVIEW AND AUSTRALIAN GOVERNMENT RESPONSE ......................................... 4 PART A: AUSTRALIAN GOVERNMENT RESPONSES TO RECOMMENDATIONS OF THE INDEPENDENT REVIEW OF THE PORT OF GLADSTONE ..................................................................................................... 6 RECOMMENDATIONS FOR THE AUSTRALIAN GOVERNMENT...................................................................................... 6 RECOMMENDATIONS FOR THE QUEENSLAND GOVERNMENT .................................................................................. 10 RECOMMENDATIONS THAT RELATE TO THE GLADSTONE HEALTHY HARBOUR PARTNERSHIP .......................................... 12 RECOMMENDATION FOR INDUSTRY ................................................................................................................... 12 PART B: AUSTRALIAN GOVERNMENT RESPONSE TO RECOMMENDATIONS OF THE INDEPENDENT REVIEW OF THE BUND WALL AT THE PORT OF GLADSTONE ................................................................... 12 RECOMMENDATIONS FOR THE AUSTRALIAN GOVERNMENT.................................................................................... 13 RECOMMENDATIONS FOR THE QUEENSLAND GOVERNMENT .................................................................................. 16 RECOMMENDATIONS FOR INDUSTRY ................................................................................................................. 16 ATTACHMENT A: INDEPENDENT REVIEW OF THE PORT OF GLADSTONE RECOMMENDATIONS ....................................................................................................................... 18 ATTACHMENT B: SUPPLEMENTARY REPORT – BEST PRACTICE PRINCIPLES ................. 21 ATTACHMENT C: INDEPENDENT REVIEW OF THE BUND WALL AT THE PORT OF GLADSTONE - RECOMMENDATIONS ............................................................................................ 23 1 INTRODUCTION The Australian Government welcomes the opportunity to respond to the Independent Review of the Port of Gladstone and the Independent Review of the Bund Wall at the Port of Gladstone and to the concerns raised by the Australian public. The Australian Government agrees or agrees in principle with all recommendations that fall within its jurisdiction. The Independent Review of the Port of Gladstone was undertaken in response to the concerns raised by the World Heritage Committee in 2012 and the community in relation to the environmental management arrangements and governance of the Port of Gladstone. A further review was undertaken in 2013 after concerns were raised regarding the performance of a reclamation bund wall at the Port of Gladstone. This review focused on the design, construction and functioning of the bund wall. The Port of Gladstone has operated since 1955. It is the largest bulk commodity port in Queensland, the sixth largest in Australia and services a range of industries including agriculture, bauxite coal and liquefied natural gas. The port is also located within the Great Barrier Reef World Heritage Area. The Great Barrier Reef was inscribed on the World Heritage List in 1981 and is one of the natural wonders of the world. It is also one of Australia’s most iconic tourism assets receiving up to 2 million visits each year. Australia’s management system of the Reef is one of the most rigorous and modern in the world and has ensured the Outstanding Universal Value and integrity of the Great Barrier Reef World Heritage Area remain largely intact. The Australian Government is working in partnership with the Queensland Government, industry, non-government organisations and the community to ensure that the Great Barrier Reef’s ecosystems are protected. It is important to do that in the context of the range of activities that have been occurring in the area for over 150 years—activities such as tourism, fishing, shipping, research, agriculture and defence. The science tells us that the main contributors to the Great Barrier Reef’s coral loss are storms and cyclones (48%), outbreaks of crown-of-thorns starfish (42%) and bleaching from ocean warming (10%). The impacts from coastal development, including ports is relatively small, yet is a risk and may be significant locally and over short time periods. That is why the Australian Government continues to work to ensure coastal development meets strict environmental standards and follows best practice, delivering a net benefit to the Reef from every project approved. Our environment laws provide strict rules and regulations about what activities can take place in the Great Barrier Reef. For example, activities such as mining, oil drilling and gas extraction are banned by law in the Great Barrier Reef Marine Park and this ban is strictly enforced. Any development proposal, including a port, will only be approved with the most robust conditions that ensure high environmental standards are maintained. Only developments with a net benefit to the Reef and its Outstanding Universal Value have been approved. 2 Where these are port related the developments have only been allowed inside existing port areas. When the World Heritage Committee raised concerns in 2011 about the state of conservation of the Great Barrier Reef World Heritage Area, Australia was already partway through a comprehensive reform programme to ensure the long-term protection and management of the Reef. Among the most significant of these reforms was the completion by both the Australian and Queensland governments of the most complex and comprehensive strategic assessment of environmental management arrangements ever undertaken in Australia. The assessment informed development of the Reef 2050 Long-Term Sustainability Plan (Reef 2050 Plan) for protecting the reef and coastal zone. The Reef 2050 Plan sets out clear and measurable objectives for Australia for protecting the Reef and its coastal zone. To this end, ongoing work between the Australian and Queensland government to streamline environmental assessments includes commitments that the standards of the EPBC Act for protection of matters of national environmental significance (including the Outstanding Universal Value of World Heritage properties) will be met. Under the new Queensland Government's ports policy, there will be no new port development within the Great Barrier Reef World Heritage Area outside existing long-established port areas. When the current Australian Government was elected in September 2013 there were five major capital dredging projects either planned or under active assessment that proposed to dispose of dredge material in the Marine Park. The Australian and Queensland governments have reduced that number to zero. The Australian Government has also developed a regulation under the Great Barrier Reef Marine Park Act 1975 to permanently ban dumping of material from capital dredging projects into the Marine Park. In May 2014 the Australian Government released referral guidelines on the Outstanding Universal Value of the Great Barrier Reef World Heritage Area. The guidelines promote a consistent approach to assessing impacts and to provide consistent guidance to proponents on whether they need to refer their proposal for consideration under the Environment Protection and Biodiversity Conservation Act 1999. Improving environmental assessments further, the Australian and Queensland governments concluded an amended assessment bilateral agreement on 18 December 2014. This agreement will improve transparency and public accountability, and streamline environmental assessment processes. Assessment bilateral agreements ensure high standards are maintained for the protection of the environment, promote the conservation and ecologically sustainable use of natural resources and remove unnecessary duplication in the environmental assessment processes of the Australian and Queensland governments. The Australian and Queensland governments also support the Gladstone Healthy Harbour Partnership. The Partnership is a forum to bring together parties to maintain and, where necessary, improve the health of Gladstone Harbour. The guiding principles of the partnership are open, honest and accountable management; annual reporting of 3 the health of Gladstone Harbour; and the provision of management recommendations and actions based on rigorous science and strong stakeholder engagement. The Queensland Government’s investment of $3 million over two years has been matched by industry, community, research and local government. The Australian Government provided $1 million over the first two years and has committed a further $0.6 million to the Partnership. This Partnership will continue to inform and guide environmental management and improvement in years to come. A new Reef Trust, supported by a $140 million contribution from the Australian Government, is already investing in improving coastal habitats, crown of thorns starfish culling and improving the quality of water entering the Great Barrier Reef. The Trust is able to receive and dispense funds from the private and philanthropic sectors, as well as those derived from the pooling of offset funds that target specific impacts on the Great Barrier Reef from development activities. The Reef Trust is an innovative mechanism for aligning this range of investments with the priority challenges facing the Reef. The current and future initiatives being undertaken by the Australian and Queensland governments discussed in this response address the findings and recommendations raised in the Independent Review of the Port of Gladstone. These initiatives ensure that port development at Gladstone, and more broadly within the Great Barrier Reef World Heritage Area, occurs under the highest environmental standards, while ensuring the long term protection and management of the Reef. BACKGROUND TO THE REVIEW AND AUSTRALIAN GOVERNMENT RESPONSE In 2012 the World Heritage Committee requested Australia ...undertake an independent review of the management arrangements for Gladstone Harbour that will result in the optimization of port development and operation in Gladstone Harbour and on Curtis Island, consistent with the highest internationally recognised standards for best practice commensurate with iconic World Heritage status (36 COM 7B.8 Para 9). This request was reaffirmed by the Committee in 2013 with the additional request to ensure that: ...these efforts result in the optimization of port development and operation in Gladstone Harbour and on Curtis Island, as well as other existing port developments… (37 COM 7B.10 Para 4) 1. In response to the World Heritage Committee decision and to community concerns the Australian Government agreed to conduct an Independent Review of the Port of Gladstone, which was formally commissioned on February 2013. The Review provided its initial report to the Australian Government on 30 July 2013 and it was released publicly on 9 August 2013. 1 Further information on the World Heritage Committee decisions can be found at http://www.environment.gov.au/heritage/places/world/gbr/more-information 4 The Review found that environmental management and governance within the Port of Gladstone is generally comprehensive. The three key areas for improvement were: the need to better incorporate better World Heritage and other environmental protection considerations in a single, comprehensive and consultative port planning process; the need for better assessment and consideration of cumulative impacts; and the need for more meaningful and ongoing stakeholder engagement to improve information and community confidence in environmental management and governance. This report contained 17 findings and 23 recommendations, directed towards the Australian and Queensland governments, the Gladstone Healthy Harbour Partnership and other parties. A summary of the recommendations with the Australian Government response to each is at Attachment A. The Review also provided a supplementary report to the Australian Government on 1 November 2013 focussed on port optimisation and which was released publicly on 6 November 2013. The supplementary report is not a stand-alone document; it builds upon the framework and recommendations of the initial report. It contains a set of proposed principles to be considered in future development and operation of ports within the Great Barrier Reef World Heritage Area (Attachment B). Both reports can be found on the Australian Government Department of the Environment website at: www.environment.gov.au/topics/marine/great-barrier-reef/port-gladstone-review. The Review involved extensive consultation with stakeholders, government officials and relevant experts. It involved a formal submission process as well as numerous meetings, workshops and follow up discussions. The bibliography of the panel members and information received during the Review are outlined in the appendices of both reports. The Minister for the Environment, the Hon Greg Hunt MP, commissioned an addendum to the Independent Review on 30 January 2014 to examine and report on information relevant to the design and construction of a reclamation bund wall associated with the Port of Gladstone Western Basin Dredging Project. The Independent Review of the Bund Wall at the Port of Gladstone findings were provided to the Australian Government on 8 May 2014 and publicly released on 9 May 2014. The report contained 37 findings and 19 recommendations. Attachment C presents the Australian Government response to each of the recommendations in a summary table. Information about this Review, including the full terms of reference, a bibliography of Review Panel members and copies of public submissions received are available on the web at: www.environment.gov.au/bundwallreview . The Australian Government welcomes the opportunity to respond to these Reviews. In doing so, the recommendations from the reviews have been grouped into the following categories to allow for a more integrated government response: Recommendations for the Australian Government. 5 Recommendations for the Queensland Government. Recommendations that relate to the Gladstone Healthy Harbour Partnership. Recommendations for Industry. The response to the recommendations contains advice as to whether the Australian Government agrees, agrees in principle, or notes the recommendations. The meanings of each statement are included for reference below. Agree - The Australian Government agrees with the recommendation and has already, or will in the future, take the recommended (or similar) action. These will be implemented within existing resources. Agree in principle - The Australian Government agrees with the recommendations, but the pace of implementation will be determined by available resources and, where applicable, the agreement of third parties. Noted - The Australian Government notes the recommendation. In some cases, the recommendation relates to state/territory government or industry responsibilities, not Australian Government responsibilities. This Australian Government response is also structured in two parts: Part A provides the Australian Government response to recommendations raised in the Independent Review of the Port of Gladstone. Part B responds to the Independent Review of the Bund Wall at the Port of Gladstone. Finally as noted above, the Supplementary Report includes a set of 21 proposed high level principles for the development and operation of ports in the Great Barrier Reef World Heritage Area. These principles are relevant to best port practice with a broader application beyond Gladstone. At the 37th meeting of the Great Barrier Reef Ministerial Forum on 6 December 2013 Australian and Queensland government ministers responsible for the Great Barrier Reef agreed to consider the Report’s proposed principles for port optimisation on the planning for future port development and operations in the Great Barrier Reef World Heritage Area. The Australian Government supports the adoption of these best practice principles in port planning and development where they can be applied. PART A: AUSTRALIAN GOVERNMENT RESPONSES TO RECOMMENDATIONS OF THE INDEPENDENT REVIEW OF THE PORT OF GLADSTONE Recommendations for the Australian Government Recommendations that have already been accepted The review recommended that the Australian Government: release the report on findings and provide opportunity for public comment (Recommendation 1); and 6 reaffirms its position of prohibiting mining exploration and exploitation within the Great Barrier Reef World Heritage Area (Recommendation 5). The Australian Government agrees with these recommendations and they have been completed. The initial report on findings was released on 9 August 2013 for a four week public comment period. Five submissions were received and they have been considered in formulating this response. The Australian Government reaffirms its position of prohibiting mining exploration and exploitation within the Great Barrier Reef World Heritage Area. This position is consistent with the Australian Government’s ongoing commitment in the 2009 Great Barrier Reef Intergovernmental Agreement to restrict mining in the Great Barrier Reef World Heritage Area 2 and the existing provisions under the Great Barrier Reef Marine Park Act 1975 that prohibits mining in the Marine Park. Recommendations that can be considered through existing or proposed initiatives The Review recommended that the Australian Government improve its guidance on the Outstanding Universal Value of the Great Barrier Reef World Heritage Area, including investigating the development of impact thresholds and targets for attributes of Outstanding Universal Value (Recommendations 2 and 3). The Australian Government agrees with these recommendations. The Australian Government is already undertaking initiatives to improve understanding and definition of the Outstanding Universal Value of the Great Barrier Reef World Heritage Area to promote a consistent approach to assessing impacts on the Outstanding Universal Value and the development of relevant thresholds and targets. This includes the final referral guidelines on Outstanding Universal Value that provide consistent guidance to proponents on whether they need to refer their proposal for consideration under the Environment Protection and Biodiversity Conservation Act 1999. These guidelines can be found at: www.environment.gov.au/resource/epbc-act-referral-guidelinesoutstanding-universal-value-great-barrier-reef-world-heritage. The Australian and Queensland governments have undertaken a comprehensive strategic assessment of the Great Barrier Reef World Heritage Area and adjacent coastal zone in accordance with the Environment Protection and Biodiversity Conservation Act 1999. The final strategic assessment and programme reports were endorsed under the Environment Protection and Biodiversity Conservation Act 1999 by the Minister for the Environment on 11 August 2014 and made publicly available on 12 August 20143. The reports provide further information and guidance on the Outstanding Universal Value of the Great Barrier Reef World Heritage Area. The reports also outline a range of commitments to develop outcomes and targets for Outstanding Universal Value and to better incorporate guidance on matters of national environmental significance, including 2 Further information on the Great Barrier Reef Intergovernmental Agreement can be found at: http://www.environment.gov.au/topics/marine/great-barrier-reef/protecting-reef/intergovernmentalagreement 3 Further information on the Great Barrier Reef Strategic Assessment can be found at: http://www.environment.gov.au/protection/assessments/strategic/great-barrier-reef 7 Outstanding Universal Value into the planning and management processes of the Queensland Government and Great Barrier Reef Marine Park Authority. The Australian and Queensland governments have developed a Reef 2050 Plan for the Great Barrier Reef World Heritage Area which draws upon the findings of the strategic assessment. The Reef 2050 Plan includes the following elements: An overarching Vision for the Great Barrier Reef World Heritage Area, to ensure the Great Barrier Reef continues to improve on its Outstanding Universal Value every decade between now and 2050 to be a natural wonder for each successive generation to come. An Outcomes framework that includes desired outcomes and targets for protection of the property’s Outstanding Universal Value. Adaptive management approach to ensure ongoing delivery of the Reef 2050 Plan is informed by the best available science, experience and performance against targets and objectives. Integrated monitoring and reporting program to measure the success of the Reef 2050 Plan. A collaborative approach between governments, industry and non-government and community sectors was used in the drafting of the Reef 2050 Plan through a Partnership Group. Broad community consultation was undertaken through a process of public comment on the draft Reef 2050 Plan and through targeted engagement with key stakeholders. The Reef 2050 Plan provides an overarching framework to guide the protection and management of the Great Barrier Reef from 2015 to 2050. The Australian Government Department of the Environment has released a number of research projects targeted to address key information gaps relating to the future management of the Great Barrier Reef World Heritage Area. These reports provided valuable input to the development of the Reef 2050 Plan. Further information on these projects can found at: www.environment.gov.au/resource/research-support-greatbarrier-reef-strategic-assessment Recommendations that relate to improvements in Environment Protection and Biodiversity Conservation Act 1999 and Environment Protection (Sea Dumping) Act 1981 environmental assessment processes The Review made several recommendations to the Australian Government regarding: public availability of Environment Protection and Biodiversity Conservation Act 1999 approval recommendation reports and confirmed cases of non-compliance (Recommendations 4, 15); an information management system for sea dumping permits (Recommendation 6); a coordinated approach for active engagement in post approval advisory and technical bodies (Recommendation 20); support for traditional owners to promote active engagement and involvement in proposals (Recommendations 21, 22); and 8 the investigation of social, cultural and economic impacts of development in the Port of Gladstone (Recommendation 23). The Australian Government agrees in principle to recommendations 4, 6, 15 and 20 relating to improved environmental assessment processes and reporting. The Australian Government notes the Department of the Environment’s current practice under the Environment Protection and Biodiversity Conservation Act 1999 of including standard administrative conditions in approvals relevant to publishing compliance which require “the person taking the action to publish a report on the website addressing compliance with each of the conditions of the approval including implementation of any management plans as specified in the conditions”. Documentary evidence providing proof of the date of publication and non-compliance with any conditions of the approval must be provided to the Department at the same time as the compliance report is published. The Australian Government notes that in relation to Recommendation 6, there are existing reporting obligations under the London Protocol4 for permits under the Environment Protection (Sea Dumping) Act 1981, and agrees in principle to the need for improved information management and transparency for sea dumping permits. The Australian Government agrees in principle to Recommendations 21, 22 and 23. The Australian Government also notes that although the Great Barrier Reef World Heritage Area is not inscribed on the World Heritage List under cultural criteria, the Statement of Outstanding Universal Value for the property acknowledges the “human interaction with the natural environment is illustrated by strong ongoing links between Aboriginal and Torres Strait Islanders and their sea-country, and includes numerous shell deposits (middens) and fish traps, plus the application of story places and marine totems”5. It is also important to note that many other important natural, cultural and Indigenous values of the Great Barrier Reef are protected under Australia’s national environmental law, the Environment Protection and Biodiversity Conservation Act 1999, the Great Barrier Reef Marine Park Act 1975, as well as various other Australian and Queensland government legislation. Cultural heritage values are considered as a value of the Great Barrier Reef Marine Park and therefore protected as a matter of national environmental significance. The referral guidelines for the Outstanding Universal Value of the Great Barrier Reef World Heritage Area note the Statement of Outstanding Universal Value for the property acknowledges the “strong ongoing links between Aboriginal and Torres Strait Islanders and their sea-country” and that consideration of impacts on this aspect of the property should be guided by the principle that: Indigenous people are the primary source of information on the value of their heritage and that active participation of Indigenous people in identification, assessment, management and use of Indigenous heritage places and values is integral to the effective protection of Indigenous heritage values. 4 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. Australia is a Party to the London Protocol. 5 The complete Statement of Outstanding Universal value for the GBRWHA can be found at: http://www.environment.gov.au/topics/heritage/heritage-places/world-heritage-list/gbr/world-heritagevalues 9 The Australian Government has also published Ask First: A guide to respecting Indigenous heritage places and values which provides a practical guide on effectively engaging Indigenous people in this kind of process and is available at: www.environment.gov.au/heritage/ahc/publications/commission/books/ask-first.html. The Great Barrier Reef Marine Park Authority’s strategic assessment and program reports have committed to developing targets to enhance understanding and protection of Indigenous and historic heritage values (of the Great Barrier Reef Region) to better guide and focus the management activities of the Authority and its partners. The Review also recommended the establishment of a list of offsets for the Great Barrier Reef World Heritage Area (Recommendation 7). The Australian Government agrees with this recommendation in principle. The Australian Government Department of the Environment will work with the Queensland Government and Great Barrier Reef Marine Park Authority, using the conclusions from the strategic assessments, to enable the identification of strategic offsets to fulfil statutory obligations and to develop policies to guide actions required to restore ecosystem health, improve the condition of values and manage financial contributions to that recovery. Complementing this work, the Australian Government has established a Reef Trust as part of its election commitment. This initiative will contribute to the delivery of the Reef 2050 Plan. The Trust will operate to strategically support conservation outcomes within the Great Barrier Reef, including water quality and coastal habitat improvements. The Australian Government has committed $140 million to the Trust which will be supplemented by enabling project proponents to deposit funds into the trust as offsets under the Environment Protection and Biodiversity Conservation Act 1999. There is also scope for the Trust to accept private and philanthropic contributions. Recommendations for the Queensland Government The Review made several recommendations to the Queensland Government regarding the declaration of State Development Areas, the delineation of port areas, port master planning, future fish health and environmental studies and stakeholder engagement (Recommendations 8, 9, 10, and 13). The Australian Government notes these recommendations and, recognising these as primarily relevant to the responsibilities of the Queensland Government, will commit to progress these issues, where feasible, with the Queensland Government through the strategic assessment, the implementation of the Reef 2050 Plan and other planning and decision making processes as appropriate. The Australian Government notes that during the time of the Review, the Queensland Government was undergoing a process of legislative review. The Australian Government notes the Queensland Government has recently introduced the Sustainable Ports Development Bill 2015 to establish a legislative framework for key port-related Queensland Government commitments in the Reef 2050 Plan. The Bill restricts port development within and adjoining the Great Barrier Reef World Heritage Area to within current port limits defined under the Transport Infrastructure Act 1994 (Qld). 10 The Bill nominates the strategic bulk ports of Gladstone, Hay Point/Mackay, Abbot Point and Townsville as priority ports. Along the Great Barrier Reef coast, port-related capital dredging will be restricted to within the long established port limits of these four priority ports. Where expansion is necessary within these four priority ports, the Bill mandates the beneficial reuse of dredged material. If beneficial reuse isn’t possible, the Bill mandates disposal on land where it is environmentally safe to do so. The Bill also provides for mandatory master planning for the four priority ports. Mandatory port master planning for land and marine areas will: ensure the Outstanding Universal Value of the Great Barrier Reef World Heritage Area is an intrinsic consideration in future port development, management and governance protect greenfield areas by optimising use of the state’s existing port infrastructure in relation to global supply chains and regional competitive strategies deliver greater certainty for the ports industry and other stakeholders well into the future provide for transparent decision making require meaningful engagement withaffected stakeholders. The Australian Government welcomes the consideration of Outstanding Universal Value in decision making by the Queensland Government and also notes the potential benefits of a single master-plan in terms of the ability to address environmental issues and to provide greater industry certainty and better economic planning. The Australian Government notes that the Fitzroy Terminal proposal within the Port of Rockhampton has been referred to the Australian Government for assessment6. On 5 May 2014, the coordinated project declaration under the Queensland State Development and Public Works Organisation Act 1971 for the Fitzroy Terminal proposal lapsed. On 7 May 2015 the proposal was lapsed under the Environment Protection and Biodiversity Conservation Act 1999. The proponents of the Balaclava Island proposal, also within the Port of Rockhampton, have withdrawn the project from the Environmental Impact Statement process. The Queensland Government has committed to further protecting the Fitzroy Delta area, including north Curtis Island and Keppel Bay through extension and strengthened conservation zoning in the Great Barrier Reef Coast Marine Park and other measures. The Australian Government also notes the significant community concern regarding fish health issues in Gladstone Harbour and agrees in principle that fish health needs to be an ongoing focus of monitoring and management in the Port of Gladstone. The Australian Government also notes that the Gladstone Healthy Harbour Partnership could play a role in this process to ensure that research is relevant and is reported in a transparent manner to strengthen community confidence in the results. 6 For further information on the Fitzroy Terminal proposal see http://www.environment.gov.au/cgibin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=6069. 11 Recommendations that relate to the Gladstone Healthy Harbour Partnership The Review made several recommendations regarding: ongoing Australian Government support for the Gladstone Healthy Harbour Partnership (Recommendations 16, 17); and improved research and monitoring within Gladstone, including in relation to key marine mammal species and dredging impacts (Recommendations 11, 12, 18,19) The Australian Government agrees with recommendations 16 and 17. The Australian Government believes the Gladstone Healthy Harbour Partnership is an important initiative that brings together industry, community and government to monitor and report on environmental and broader sustainability indicators in the harbour, and will continue to support its implementation within existing resources. The Australian Government supports the Partnership’s guiding principles of open and accountable management, annual reporting on the health of the harbour and action based on rigorous science and stakeholder engagement. The Australian Government provided $1 million over 2013-14 and 2014-15 to the Partnership and has committed a further $0.6 million over 2015-16 and 2016-17. The Australian Government acknowledges the importance of genuine stakeholder engagement and the need to build public confidence. The Australian Government notes the need for coordinated monitoring and reporting within the Gladstone region and commits to working with the Partnership to progress these issues in an integrated way with other monitoring and reporting activities. Recommendation for industry The Australian Government notes the Review’s finding that voluntary compliance audits are positive measures and should be encouraged (Recommendation 14). The Australian Government also notes that the ports industry (through its association, Ports Australia) has been pro-active in promoting best practice dredging principles, including through a recent report Dredging and Australian Ports: Subtropical and Tropical Ports7. PART B: AUSTRALIAN GOVERNMENT RESPONSE TO RECOMMENDATIONS OF THE INDEPENDENT REVIEW OF THE BUND WALL AT THE PORT OF GLADSTONE The Independent Review of the Bund Wall at the Port of Gladstone was primarily focused on events which occurred between June 2011 and July 2012. The Review made a number of recommendations relevant to the Australian Government’s compliance and enforcement capacity. Since 2012, the Australian Government Department of the Environment has been developing a comprehensive business improvement programme to improve and enhance its compliance and enforcement capability. A number of these business improvement initiatives are identified in this response, including: 7 Dredging and Australian Ports: Subtropical and tropical Ports, April 2014, http://www.portsaustralia.com.au/assets/Publications/Dredge-Report-Low-Res.pdf 12 in 2012, implementing the Compliance and Enforcement Management System to track and coordinate investigations and intelligence gathering; in 2013, implementing a risk-based case-prioritisation model, based on the Australian Crime Commission practice, to focus investigations on highest-risk cases; in 2014, developing a risk-based prioritisation model, with the assistance of the Commonwealth Scientific and Industrial Research Organisation and based on the practice of the Australian Tax Office, to focus the Department’s monitoring activities on those approved projects posing the highest risk; in 2014, enhancing the Department’s assessments and approvals database to enable more accurate monitoring and reporting of approval decisions; in 2014, updating 63 standard operating procedures to ensure a systematic approach to the Department’s compliance and enforcement activities in 2014, published the 2014-15 Annual Compliance Monitoring Plan which informs the regulated community, co-regulators and other stakeholders of the Department of the Environment’s achievements in 2013–14, and objectives in 2014–15, for its compliance monitoring activities; in 2014, published the Environmental Management Plan Guidelines and the Annual Compliance Report Guidelines to assist approvals holders to meet their Environment Protection and Biodiversity Conservation Act 1999 conditional requirements; and in 2014 progressing bilateral arrangements for improved environmental assessment processes with the Queensland Government. Implementation of the Australian Government Department of the Environment’s comprehensive business improvement programme was completed by July 2014. Recommendations for the Australian Government Recommendations that have already been accepted The Review made a number of recommendations regarding the process for monitoring major projects approved under the Environment Protection and Biodiversity Conservation Act 1999. The review recommended that the Australian Government Department of the Environment’s record-keeping practices should be improved to ensure the integrity of the compliance and enforcement system, including adequate written justification for decisions about whether or not a breach of conditions has occurred (Recommendation 13). It also recommended that internal processes within the Australian Government Department of the Environment should ensure that the advice of compliance officers relating to the measurability and enforceability of conditions is fully considered, with adequate justification being recorded when that advice is not accepted (Recommendation 15). The Australian Government agrees with this recommendation and is well placed to have implemented this recommendation within the current Compliance and Enforcement business improvement programme. 13 The Review recommended that resource levels within the Australian Government Department of the Environment should be sufficient to ensure adequate monitoring capacity, including for active participation in post-approval technical committees (Recommendation 14) and that increased resourcing being applied to monitoring and compliance in the Department of the Environment should be maintained as a matter of priority (Recommendation 18). The Australian Government agrees with these recommendations. Since August 2011, there has been a significant increase in the Department of the Environment’s approvals monitoring capacity from 10 to the current level of around 25 staff. Oversight of approved projects and internal processes within the Department has undergone significant business improvement measures. During 2014 the monitoring and compliance of approved projects has moved to a risk-based prioritisation model, focusing the Department’s monitoring activities on those approved projects posing the highest risk to Matters of National Environmental Significance. The risk-based model provides the Department with the capability to develop quantitative risk tools, including prioritisation matrices, and enables the identification and regular review of relevant risk factors for approved projects. Recommendation 17 states that for major projects either currently implemented or under regulatory assessment, consideration should be given to establishing joint arrangements across jurisdictions to work cooperatively to ensure seamless compliance monitoring. The report also recommends the Australian and Queensland governments should endeavour to align their respective conditions of approval to the maximum extent possible, particularly in terms of defining the extent, severity and duration of acceptable impacts and stating where no impacts are acceptable (Recommendation 5). The Australian Government agrees with these recommendations in principle and is progressing arrangements for improved environmental assessment processes with the Queensland Government. The objectives of these arrangements are to: ensure high standards are maintained for the protection of the environment and, in particular, Matters of National Environmental Significance; promote the conservation and ecologically sustainable use of natural resources; ensure an efficient, timely and effective process for environmental assessment of actions; and remove unnecessary duplication in the environmental assessment processes of the Australian and Queensland governments. An amended assessment bilateral agreement between the Australian Government and the Queensland Government was signed on 18 December 2014. For large and complex developments in sensitive marine environments such as Gladstone Harbour, the Review recommended that governments and proponents should implement a single integrated monitoring framework that encapsulates reference, longterm and management monitoring sites with clear reporting requirements and decision pathways (Recommendation 11). 14 The Australian Government agrees with this recommendation and undertook a strategic assessment with the Queensland Government to understand landscape scale impacts so a much broader set of actions can be considered. The assessment is assisting the Australian and Queensland governments identify, plan for and manage existing and emerging risks to ensure ongoing protection and management of the unique environmental values in the area. Recommendations that relate to improvements in the environmental assessment process under the Environment Protection and Biodiversity Conservation Act 1999 Several recommendations in the Review relate to the assessment and approval of projects under both Queensland legislation and the Environment Protection and Biodiversity Conservation Act 1999. These recommendations include that the Australian and Queensland governments: Ensure that the status of water quality management plans are effectively and efficiently managed and communicated to relevant advisory bodies and the general public (Recommendation 7); and that high-quality background environmental data should be recognised as critical environmental infrastructure and its acquisition and maintenance be a high priority (Recommendation 8). Give consideration to the development of spring and neap tide criteria in tropical coastal systems, either as a replacement for the seasonal criteria or to provide an additional level of assurance (Recommendation 9) and that governments and proponents clearly communicate the location and purpose of water quality monitoring sites to the general public (Recommendation 10). Ensure proponents of major projects better inform community understanding of what conditions of approval mean, what might constitute a breach of conditions and when enforcement action might be taken (Recommendation 12). The Australian Government should establish clear protocols to provide greater confidence in industry-collected data and information for decision making and environmental oversight (Recommendation 19). The Review made a further recommendation that project expansion should trigger a requirement to both reconsider cumulative impacts and avoid regulatory fragmentation, and noted that relevant powers exist in the Environment Protection and Biodiversity Conservation Act 1999 to require referral of a larger action and to reconsider a decision (Recommendation 16). The Australian Government agrees with these recommendations, noting that referred projects vary in nature substantially. The relevant aspects of these recommendations will be used to inform the assessment of future projects as appropriate. The increased use of standardised conditions has led to greater transparency and confidence in industry through mandatory reporting being published on the proponents’ website. Information sharing through regulatory bodies has also been improved through the memorandum of understanding with the Queensland Government allowing for consistent assessment criteria and data collection. 15 Technical recommendations that relate specifically to Bund Wall construction For construction of bund walls in coastal environments with high geological and/or geomorphic variation, the Review recommended that governments should require proponents to explicitly assess the risk of piping and implement appropriate controls (Recommendation 1); and to ensure that potential impacts on sediment transport from the construction phase of a bund wall be understood prior to final approval (Recommendation 3). The Australian Government agrees with these recommendations and recognises their specificity to projects involving bund walls. While each project referred under the Environment Protection and Biodiversity Conservation Act 1999 is different, this advice can be applied to future referrals relevant to construction of reclamation area bund walls in coastal environments. Recommendations for the Queensland Government The Review made a number of recommendations relevant to the Queensland Government relating to establishing joint regulatory arrangements. The Review recommended that consideration should be given to establishing joint arrangements across jurisdictions to work cooperatively to ensure seamless compliance monitoring (Recommendation 17). The Review also recommended the Australian and Queensland governments should endeavour to align their respective conditions of approval to the maximum extent possible, particularly in terms of defining the extent, severity and duration of acceptable impacts and stating where no impacts are acceptable (Recommendation 5). As noted above the Australian Government agrees to these recommendations in principle and is progressing arrangements for improved environmental assessment processes with the Queensland Government, including aligning respective conditions of approval. The Australian Government is committed to working with the Queensland Government through this process as well as through the strategic assessment, the Reef 2050 Plan and other planning processes. Recommendations for Industry Recommendation 2 of the Review states that for constructions of bund walls in coastal environments any geotextile materials designed to filter sediment should: be placed on the inner bund wall material and then be overlaid and secured by core material; be keyed into the rock armour material to prevent slippage and deformation from occurring prior to placement of the core material; and be laid on the bund wall such that no wrinkles, gaps, folds or deformations occur in the material, with all joints sewn to create seams and to conform to the requirements of Australian Standards 3706: Geotextiles – Methods of Test. Overlaps in the fabric should be directed vertically down the slope of the armour material. It also recommended future water quality management plans should aim to address all condition/permit requirements within a single internally consistent document. Where this is not feasible or practical, plans should explicitly explain the relationships between the 16 different approvals/permits and how and where they are addressed (Recommendation 6). Recommendation 4 of the Review states that Gladstone Ports Corporation, its contractors and the Queensland and Australian governments should publish in the peerreviewed literature the lessons from an engineering perspective on the construction of the bund wall to inform future design and impact assessment. The Australian Government notes these recommendations and, where appropriate, will work closely with industry and their consultants to achieve these. A mechanism for the Australian Government to influence industry in the implementation of these recommendations is through the approval of management plans which are often required by environmental approval conditions. 17 ATTACHMENT A: INDEPENDENT REVIEW OF THE PORT OF GLADSTONE RECOMMENDATIONS Gladstone Independent Review Recommendations Category Recommendation 1. That the Minister publicly releases this Report on Findings and allow for responses to be received and considered in formulating the Australian Government’s response. Recommendation 2. That the Australian Government continue to refine and improve guidance and procedural requirements for protection of the Outstanding Universal Value of the Great Barrier Reef World Heritage Area in response to increased understanding and other advances in relevant science. Recommendation 3. That the Australian Government promote a consistent approach to presenting and assessing world heritage impact information and investigate the development of impact thresholds and targets for attributes of Outstanding Universal Value. Recommendation 4. That the Australian Government make EPBC approval recommendation reports publicly available through the department’s website. Recommendation 5. That the Australian Government reaffirm its position against mining exploration and exploitation within the Great Barrier Reef World Heritage Area. Recommendation 6. That the Australian Government implement an effective information management system for sea dumping permits and subject the information to the same level of transparency as assessments under the Environment Protection and Biodiversity Conservation Act 1999. Recommendation 7. That the Australian Government build on the offsets policy launched in October 2012 and establish a list of appropriate offsets for the Great Barrier Reef World Heritage Area. Recommendation 8. That the Queensland Government not declare any more State Development Areas within or adjoining the Great Barrier Reef World Heritage Area without detailed consideration of impacts to world heritage values and robust consultation, including with the Australian Government. Recommendation 9. That the Queensland Government and the Gladstone Ports Corporation consistently delineate between different port areas in their plans (particularly between the Port of Rockhampton and the Port of Gladstone) and include greater explanation in their public consultation processes. Recommendation 10. That a single master plan be developed for the whole of the Port of Gladstone, including strategic port land and the State Development Area, with full stakeholder engagement and fully considering 18 Recommendations for the Australian Government. Australian Government Response Agree Recommendations for the Australian Government. Agree Recommendations for the Australian Government. Agree Recommendations for the Australian Government. Recommendations for the Australian Government. Agree in Principle Recommendations for the Australian Government. Agree in principle Recommendations for the Australian Government. Agree Recommendations for the Queensland Government. Noted Recommendations for the Queensland Government. Noted Recommendations for the Queensland Government. Noted Agree Gladstone Independent Review Recommendations protection of environment and world heritage values in identifying areas for future expansion. Recommendation 11. That the Australian and Queensland Governments ensure that the health and contaminant levels in green turtles from Gladstone and suitable control populations are monitored. Recommendation 12. That, if the ERMP process does not collect comprehensive population information for dugong and dolphins within the sub-region of the southern Great Barrier Reef that contains the Port of Gladstone, this information be considered as a priority for the Gladstone Healthy Harbour Partnership. Recommendation 13. That the Queensland Government continue to address and respond to the recommendations of the Fish Health Panel, specifically that future studies be undertaken to understand cause-effect relationships of fish health and environmental factors. Recommendation 14. That proponents of developments within the Port of Gladstone ensure that any voluntary independent audits are conducted consistent with best practice standards and seek to obtain the department’s agreement to the criteria. Recommendation 15. That all confirmed cases of noncompliance be publicly announced on both the department’s and proponent’s website along with details of any remedial actions. Recommendation 16. That the Australian Government continues to engage in and support the establishment of the Gladstone Healthy Harbour Partnership. Recommendation 17. That, if the projected Gladstone Healthy Harbour Partnership funding arrangements are not realised and the Gladstone Healthy Harbour Partnership is unable to form, an alternative community engagement, monitoring and reporting model be established to address these functions. Recommendation 18. That, as dredging operations transition from capital to maintenance works, monitoring and reporting be continued in a transparent and consistent manner. Recommendation 19. That the Australian Government review the ERMP to determine whether a revised model may better meet the intent of the Environment Protection and Biodiversity Conservation Act 1999 approval. Recommendation 20. That the Australian Government (including the department and the Great Barrier Reef Marine Park Authority) develop a coordinated approach for 19 Category Australian Government Response Recommendations that relate to the Gladstone Healthy Harbours Partnership Recommendations that relate to the Gladstone Healthy Harbours Partnership Noted Recommendations for the Queensland Government. Noted Recommendation for industry Noted Recommendations for the Australian Government. Agree in Principle Recommendations that relate to the Gladstone Healthy Harbours Partnership Recommendations that relate to the Gladstone Healthy Harbours Partnership Agree Recommendations that relate to the Gladstone Healthy Harbours Partnership Recommendations that relate to the Gladstone Healthy Harbours Partnership Recommendations for the Australian Government. Noted Noted Agree Noted Agree in principle Gladstone Independent Review Recommendations active engagement in post-approval advisory and technical bodies. Recommendation 21. That Traditional Owners be supported to design and conduct a comprehensive study to identify and register cultural heritage sites within the Port of Gladstone and surrounds. Recommendation 22. That the Australian Government develop clear policy and guidelines for proponents and decision makers to promote active engagement and involvement of Traditional Owners and local communities in proposals that may impact on Outstanding Universal Value. Recommendation 23. That the Australian Government inform future decision making by investigating realised social, cultural and economic impacts of development in the Port of Gladstone against impacts predicted in EIS documentation. 20 Category Australian Government Response Recommendations for the Australian Government. Agree in principle Recommendations for the Australian Government. Agree in principle Recommendations for the Australian Government. Agree in principle ATTACHMENT B: SUPPLEMENTARY REPORT – BEST PRACTICE PRINCIPLES Gladstone Independent Review Supplementary Report Category Overarching Planning Environmental Assessment and Decision Making Monitoring and Reporting Principle 1. The Outstanding Universal Value of the Great Barrier Reef World Heritage Area should be an intrinsic consideration in all aspects of environmental management and governance of ports in the Great Barrier Reef region. 2. Meaningful engagement strategies should be implemented throughout planning and operational processes so that all stakeholders can be aware of environmental condition and progress in achieving a shared vision. 3. Relevant information used in decision-making should be freely accessible in a timely manner. 4. Environmental management and governance should be objective, transparent and informed by best available knowledge. 5. Port planning and operations should be reviewed and improved regularly, informed by advances in technology and knowledge. 6. Existing developed footprints within port areas should be optimised to the greatest extent possible prior to expansion into greenfield sites, including through the consolidation and sharing of infrastructure. 7. Port plans should specifically identify and address environmental objectives, including the maintenance of the Outstanding Universal Value of the GBRWHA, and the plans should be subject to risk-based environmental assessments. 8. Planning and management solutions should be site specific and fit for purpose within the local and regional environmental and social context, including having regard to cumulative pressures. 9. Individual port plans should be consistent with regional, state and national port and freight logistics plans within a long-term shared vision. 10. Port master plans should encompass the entire extent of port limits and adjoining land likely to be associated with port development and operation. 11. Planning criteria and option analysis should be risk based, documented and publicly available, including economic, social and environmental considerations. 12. Ports should implement incentive schemes to encourage use of the best available environmental technology and operational practice. 13. A consistent, robust and transparent integrated modelling and decision support framework should be available to stakeholders and regulators. 14. Environmental assessment and decision-making should be based on a whole-of-system understanding of the receiving environment and impacts of cumulative pressures. 15. Environmental offsets should be strategic, measurable and in place prior to impacts occurring, while aiming for a net environmental gain. 16. Decision-making and development approvals should be consistent with port planning and a shared vision for the region. 17. Appropriate indicators, thresholds and methods for monitoring ecological health should be identified through a risk-based whole-of-system approach and consistent with a regional integrated monitoring framework. 18. Adequate capacity should be maintained in port areas to prevent, detect and rapidly respond to significant environmental incidents such as marine pest species incursions and oil spills. 21 Gladstone Independent Review Supplementary Report Compliance and Enforcement 19. Compliance with regulatory controls should be monitored and the results published regularly, including in the event of an infringement. 20. Performance against port planning and environmental objectives should be regularly assessed and publicly reported. 21. Penalties for non-compliance should be sufficient to deter infringements. 22 ATTACHMENT C: INDEPENDENT REVIEW OF THE BUND WALL AT THE PORT OF GLADSTONE - RECOMMENDATIONS Bund wall Independent Review Recommendations Category Australian Government Response Design, Construction and Functioning of the outer bund wall Recommendation 1. For the construction of bund walls in coastal environments with high geological and/or geomorphic variation, governments should require proponents to explicitly assess the risk of piping and to implement appropriate controls. Recommendations for the Australian Government. Agree Recommendation 2. For constructions of bund walls in coastal environments, any geotextile materials designed to filter sediment should: • be placed on the inner bund wall material and then be overlaid and secured by core material • be keyed into the rock armour material to prevent slippage and deformation from occurring prior to placement of the core material • be laid on the bund wall such that no wrinkles, gaps, folds or deformations occur in the material, with all joints sewn to create seams and to conform to the requirements of Australian Standards 3706: Geotextiles – Methods of Test. Overlaps in the fabric should be directed vertically down the slope of the armour material. Recommendations for industry Noted Recommendation 3. Governments should require proponents of bund wall structures to ensure that potential impacts on sediment transport from the construction phase of a bund wall be understood prior to final approval. Recommendations for the Australian Government. Agree Recommendation 4. Gladstone Ports Corporation, its contractors and the Queensland and Australian governments should publish in the peer-reviewed literature the lessons from an engineering perspective on the construction of the bund wall to inform future design and impact assessment. Recommendations for Industry Noted Recommendation 5. The Australian and Queensland governments should endeavour to align their respective Conditions of Approval to the maximum extent possible, particularly in terms of defining the extent, severity and duration of acceptable impacts and stating where no impacts are acceptable. Recommendations for the Australian Government. Agree in principle 23 Recommendations for the Queensland Government Bund wall Independent Review Recommendations Category Australian Government Response Design, Construction and Functioning of the outer bund wall Recommendation 6. Future water quality management plans should aim to address all condition/permit requirements within a single internally consistent document. Where this is not feasible or practical, plans should explicitly explain the relationships between the different approvals/permits and how and where they are addressed. Recommendations for industry Noted Recommendation 7. The Australian and Queensland governments and project proponents should ensure that the status of water quality management plans and any revisions therein are effectively and efficiently managed and communicated to relevant advisory bodies and the general public. Recommendations for the Australian Government. Agree in principle Recommendation 8. High-quality background environmental data should be recognised as critical environmental infrastructure and its acquisition and maintenance be a high priority for the Australian and Queensland governments. Recommendations for the Australian Government. Agree Recommendation 9. Consideration should be given by the Australian and Queensland governments to the development of spring and neap tide criteria in tropical coastal systems, either as a replacement for the seasonal criteria or to provide an additional level of assurance. Recommendations for the Australian Government. Agree Recommendation 10. Governments and proponents should clearly communicate the location and purpose of water quality monitoring sites to the general public. Recommendations for the Australian Government. Agree Recommendation 11. For large and complex developments in sensitive marine environments such as Gladstone Harbour, governments and proponents should implement a single integrated monitoring framework that encapsulates reference, long-term and management monitoring sites with clear reporting requirements and decision pathways. Recommendations for the Australian Government. Agree Recommendation 12. The Australian Government (and state governments where relevant) should ensure proponents of major projects better inform community understanding of what conditions of approval mean, what might constitute a breach of conditions and when enforcement action might be taken. Recommendations for the Australian Government. Agree in principle 24 Bund wall Independent Review Recommendations Category Australian Government Response Design, Construction and Functioning of the outer bund wall Recommendation 13. Australian Government recordkeeping practices should be improved to ensure the integrity of the compliance and enforcement system, including adequate written justification for decisions about whether or not a breach of conditions has occurred. Recommendation 14. Resource levels within the Department of the Environment should be sufficient to ensure adequate monitoring capacity, including for active participation in post-approval technical committees. Recommendation 15. Internal processes within the Department of the Environment should ensure that the advice of compliance officers relating to the measurability and enforceability of conditions is fully considered, with adequate justification being recorded when that advice is not accepted. Recommendation 16. Project expansion should trigger a requirement to both reconsider cumulative impacts and avoid regulatory fragmentation. Relevant powers exist in the Environment Protection and Biodiversity Conservation Act 1999 to require referral of a larger action and to reconsider a decision. Recommendation 17. For major projects either currently implemented or under regulatory assessment, consideration should be given to establishing joint arrangements across jurisdictions to work cooperatively to ensure seamless compliance monitoring. Recommendation 18. Increased resourcing being applied to monitoring and compliance in the Department of the Environment should be maintained as a matter of priority. Recommendation 19. The Australian Government should establish clear protocols to provide greater confidence in industry-collected data and information for decision making and environmental oversight, through a process involving peak industry and professional bodies, publicly funded research agencies, universities, state governments and environmental non-government organisations. 25 Recommendations for the Australian Government. Agree Recommendations for the Australian Government. Agree Recommendations for the Australian Government. Agree Recommendations for the Australian Government. Agree in principle Recommendations for the Australian Government. Agree in principle Recommendations for the Queensland Government Recommendations for the Australian Government. Agree Recommendations for the Australian Government. Agree in principle