Environment protection principle 2: assess and manage environmental risks and impacts This Good Practice Note is for DFAT staff, delivery partners and environment specialists involved in delivering Australia’s aid program. It is one of a series of notes which explains the principles of the aid program’s Environment Protection Policy and how they should be addressed. The notes complement the Operational Procedures of the Environment Protection Policy. This Good Practice Note should be read in conjunction with the Department of the Environment publication: Actions on, or impacting upon, Commonwealth, land and actions by Commonwealth agencies Significant impact guidelines 1.2. 2.6 How to conduct a strategic assessment 1. Why conduct a strategic assessment? Much of the aid program is delivered in portfolios of activity or in programs that fund multiple activities. These activities share similar environmental risks, and many of the good practice management options (adapted for local context) would also apply generally across a program. The Department of the Environment, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), provides for strategic assessments, which can be conducted by Australian government agencies for large programs, important sectors or large geographic areas. A strategic assessment can: Help to meet requirements of the EPBC Act upfront in a large program Avoid multiple small assessments by assessing the risks of a suite of activities, and potentially avoid multiple referrals Significantly reduce administration costs Assess cumulative impacts and provide specific risk management and planning guidance for programs and sectors Identify regulatory and capacity building needs. A strategic assessment may be relevant in the aid program for larger initiatives that could potentially involve a range of environmental risks, such as: Infrastructure programs – implementing multiple activities Water supply and sanitation programs – working on numerous small-scale infrastructure projects Agricultural research and development programs that are likely to be scaled up over a significant area Humanitarian aid for which there is limited time for activity-specific assessments. A strategic assessment would be carried out during the design of a program of activities. A strategic assessment may offer a way to comprehensively assess and manage risks and to comply with the EPBC Act without necessarily needing to refer individual activities. A strategic assessment may also provide evidence for sector-specific good practice guidance for delivery partners and their subcontractors implementing activities under the program. 2. What are the legal obligations? DFAT staff must assess the environmental risks of all aid activity to comply with the EPBC Act, partner country environmental laws and a range of multilateral environment treaties. 3. What you must do DFAT staff: DFAT staff considering a strategic assessment under the EPBC Act for large, complex programs, or programs comprising a suite of small activities must: 1. Consult the Environment Safeguards Section at concept stage to determine if a strategic assessment is appropriate and will reduce the administration costs of meeting environmental protection obligations. 2. If a strategic assessment is recommended, engage appropriate technical experts to conduct the assesment. The details you need to develop a Terms of Reference for the assessment are provided below. 3. The technical experts will be requried to assess risks and recommend options to avoid and manage the risks. 4. Submit this report to the Department of the Environment for endorsement by the Minister for the Environment under the EPBC Act (the Environment Safeguards Section will help with this step) 5. The assessment will produce options for delivering the program and activity design criteria that will avoid and mitigate risks. After the program is endorsed, use this information to develop contract conditions for delivery partners to guide their environmental management processes. Technical specialists: Technical specialists engaged to carry out a strategic assessment must follow the strategic assessment process below. 4. Strategic assessment process Under the EPBC Act, a strategic assessment is conducted in consultation with the Department of the Environment; for activities to be approved, the Minister must endorse the program based on a set of endorsement criteria. Activities developed under an endorsed program are legally considered to be approved under the Act and do not need further consideration by the Australian Government. How to conduct a strategic assessment | 2 Environment protection principle 2: assess and manage environmental risks and impacts The Department provides detailed guidance on the process for conducting a strategic assessment, including estimated time for each step. The process includes the following steps: 1. Minister for the Environment enters into an agreement with another person to undertake a strategic assessment on the impacts of actions under a policy, plan or program 2. Terms of Reference are prepared for a report on the impacts relating to the agreement 3. Draft report prepared 4. Draft report open for public comment for at least 28 days 5. Minister may recommend modifying the policy, plan or program 6. Minister may endorse the policy, plan or program if appropriate 7. Minister may approve actions under the policy, plan or program if appropriate (approval may include conditions) Guided by the Terms of Reference, a strategic assessment should take into account: How the program will be implemented The types of activities that are likely to be implemented The types of environmental risks that are likely to arise Good practice management methods to avoid and mitigate risks The principles of ecologically sustainable development. An example report structure is provided at the end of this guidance. In deciding whether to endorse a program under a strategic assessment, the Minister will consider the extent to which the program is consistent with the objectives of the EPBC Act, in that it: Protects the environment, especially listed matters of environmental significance Promotes ecologically sustainable development Promotes the conservation of biodiversity Demonstrates adaptation to reasonable climate change scenarios Provides for the protection and conservation of heritage. The Minister will also consider how the program: Avoids impacts on the environment and areas of high biodiversity or heritage value Mitigates impacts on the environment Offsets impacts on the environment Enhances the existing environment and manages existing threats Provides a comprehensive framework of adaptive management, monitoring, auditing and public reporting. How to conduct a strategic assessment | 3 Environment protection principle 2: assess and manage environmental risks and impacts 5. Example strategic assessment report structure 1. Executive summary Outline of the key issues in the strategic assessment report. 2. Introduction Background to the program and the strategic assessment process (including rationale and purpose) 3. Program description Summary of the program, including development and conservation activities 4. Environment context Description of the environment within and around the strategic assessment area: regional context, natural environmental values and heritage values. 6. Impacts Analysis of the direct and indirect impacts: description of potential impacts, analysis of measures to avoid, mitigate and offset impacts , and analysis of adaptive management measures. 7. Ecologically sustainable development Analysis of how the program meets the principles of ecologically sustainable development. 8. Addressing uncertainty Analysis of how the program addresses uncertainty. 9. Information sources Analysis of the information sources used to develop the strategic assessment report. This should include the currency and reliability of the various information sources. 10. Terms of reference Outline of how the strategic assessment report meets the terms of reference. Outline of how the program meets the endorsement criteria. 11. References and consultations List of the references and consultations used to inform the strategic assessment report. Get help if you are unsure Contact the Environment Safeguards Section: environment@dfat.gov.au How to conduct a strategic assessment | 4