Department of Sustainability, Environment, Water, Population and Communities

External scrutiny

Courts and tribunals

Lee and Anor v Commonwealth of Australia and Anor [HC no. 5 of 2012]

The Commonwealth of Australia and the Murray–Darling Basin Authority have been named as respondents in proceedings originally commenced in the High Court but since transferred to the Federal Court [No. VID 1129 of 2012].

The applicants have challenged the constitutional validity of the Water Act 2007.

The parties were in the course of seeking orders resolving interlocutory issues at 30 June 2013.

Please refer to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) under Legislation Reporting for further details on judicial decisions and decisions of administrative tribunals that have had, or may have, an impact on the operations of the department.

Commonwealth Ombudsman

The Commonwealth Ombudsman did not issue any formal reports about the operation of the department.

The department received three notifications of investigation in relation to particular programs. These matters are yet to be finalised.

The three matters outstanding from 2011–12 were all finalised on the basis of the Ombudsman’s determination that no further investigation was warranted.

Auditor-General reports

The ANAO released three performance audits specific to the department during 2012–13. The department was also selected for detailed analysis in the cross-agency audit, Audit Report No.4 2012–13 Confidentiality in Government Contracts: Senate Order for Departmental and Agency Contracts.

Audit Report No.11 2012–13 Establishment, Implementation and Administration of the Quarantined Heritage Component of the Local Jobs Stream of the Jobs Fund

In response to the global financial crisis, the Australian Government agreed to the establishment of an integrated $650 million Jobs Fund in March 2009, with $60 million quarantined under the Local Jobs stream for heritage-related projects.

Two recommendations were made in relation to the use of external advisory panels to identify and/or assess candidates for funding under future grant programs and improvements to the assessment processes of applications from future competitive, merit-based grant programs.

The department agreed with the audit recommendations and is committed to continuous improvement in grants administration processes. This has included implementation of a Grants Administration Framework in June 2011 and establishment of the Portfolio Project Management Office in May 2012.

Audit Report No.32 2012–13 Grants for the Construction of the Adelaide Desalination Plant

The $1 billion National Urban Water and Desalination Plan was outlined in the election policy document Labor’s national plan to tackle the water crisis. It aimed to secure the water supplies of Australia’s major cities and, among other announcements, included an unquantified commitment to provide funding towards the construction of a desalination plant for Adelaide.

The ANAO made one recommendation to the department in relation to grant spending proposals from election commitments. The department agreed with the audit recommendation.

Audit Report No.36 2012–13 Commonwealth Environmental Watering Activities

The environmental watering function of the Commonwealth Environmental Water Holder (CEWH) is a relatively new area of Commonwealth activity and a key element of the reforms introduced by the Australian Government to address the imbalance between consumptive and environmental water use in the Murray–Darling Basin. The Commonwealth Environmental Water Office (CEWO), which supports the CEWH, has developed and continues to refine environmental watering frameworks, policies and practices to manage and use water entitlements within a complex set of Basin system management rules.

The department noted the ANAO’s findings that the department’s strategies for managing environmental water are generally sound and that the existing arrangements are appropriate. While no recommendations were made, the department supported the suggestions made in the report to further strengthen the management of Commonwealth environmental water.

Parliamentary committee reports

House Standing Committee on Regional Australia—Cancer of the bush or salvation for our cities? Fly-in, fly-out and drive-in, drive-out workforce practices in Regional Australia

On 13 February 2013 the House Standing Committee on Regional Australia tabled its report on the inquiry into the use of ‘fly-in, fly-out’ (FIFO) and ‘drive-in, drive-out’ (DIDO) workforce practices in regional Australia.

The inquiry examined the locations, extent and projected growth of FIFO/DIDO practices, the social and economic benefits to and impacts on source and receiving communities, related infrastructure and social service requirements, and the initiatives and responses to FIFO/DIDO practices from all three levels of government.

An interdepartmental committee chaired by the Department of Regional Australia, Local Government, Arts and Sport is preparing a response to the report.

Senate Rural and Regional Affairs and Transport References Committee—Management of the Murray–Darling Basin system: Second interim report: The Basin Plan

The committee tabled its report on 3 October 2012. The department coordinated the government response, which was tabled on 31 May 2013. The department attended the inquiry on 23 August and 23 November 2012.

Senate Environment and Communications Legislation Committee—Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012 [Provisions] and the Water Amendment (Water for the Environment Special Account) Bill 2012 [Provisions]

The committee tabled its report on 28 November 2012. The department coordinated the government responses, which were tabled on 31 May 2013. The department attended the inquiry on 12 November 2012.

House of Representatives Standing Committee on Regional Australia—Report into certain matters relating to the proposed Murray–Darling Basin Plan

The committee tabled its report on 6 July 2012. The department coordinated the government response, which was tabled on 3 June 2013.

Senate Standing Committee on Rural and Regional Affairs and Transport Committee—Report into the Management of the Murray–Darling Basin

The committee tabled its report on 13 March 2013. The department coordinated the government response, which was tabled on 31 May 2013.

House of Representatives Standing Committee on Regional Australia—Water Amendment (Water for the Environment Special Account) Bill 2012

Department officials participated as witnesses in the public hearing on the inquiry into this Bill on 20 November 2012.

Senate Standing Committee on the Environment and Communications—Inquiry into recent trends in and preparedness for extreme weather events

Department officials participated as witnesses in the public hearing on this inquiry on 11 April 2013.

Senate Standing Committees on Environment and Communications Legislation Committee—Environment Protection and Biodiversity Conservation Amendment Bill 2013 [Provisions]

Department officials participated as witnesses in the public hearing on this inquiry on 18 April 2013.

The Senate Standing Committees on Environment and Communications Legislation Committee—Environment Protection and Biodiversity Conservation Amendment Bill 2013

The Bill amended the EPBC Act to create a matter of environmental significance for coal seam gas and large coal mining developments, which are likely to have a significant impact on a water resource; and to establish penalties and offences to prohibit such action. The committee’s report was tabled on 14 May 2013. The Bill passed both houses on 19 June 2013 and received assent on 21 June 2013.

The Senate Standing Committees on Environment and Communications Legislation Committee—Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill 2013

The Bill proposed to amend the EPBC Act to prohibit developments within and outside existing port areas along the Great Barrier Reef coastline; implement a moratorium from 20 March 2013 on approval of developments impacting on the Great Barrier Reef World Heritage Area until a strategic assessment is completed and deemed adequate by the World Heritage Committee; and prohibit approval of any developments that do not deliver a net benefit to the Great Barrier Reef World Heritage Area. The committee’s report was tabled on 13 March 2013. At 30 June 2013, the Bill remained before the Senate for debate.

The Senate Standing Committees on Environment and Communications Legislation Committee—Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012

The Bill proposed to amend the EPBC Act to prevent the Commonwealth from delegating the approval of proposed actions covered by bilateral agreements to a state or territory. The committee’s report was first tabled on 12 March 2013. At 30 June 2013, the Bill remained before the Senate for debate.

The House Standing Committee on Climate Change, Environment and the Arts—Managing Australia’s biodiversity in a changing climate: the way forward

On 17 June 2013 the House Standing Committee on Climate Change, Environment and the Arts tabled its final report on the inquiry into Australia’s biodiversity in a changing climate—Managing Australia’s biodiversity in a changing climate: the way forward. The report highlighted the certainty that climate change is occurring. It noted, however, that effects on Australia’s environment, particularly in relation to biodiversity, are unknown beyond models and theories that are being used to make informed projections.

The report recommended the development of national environmental accounts, a central national database to store scientifically accredited information, and a review of funding arrangements.

Senate Standing Committee on Community Affairs References Committee—Inquiry into the impacts on health of air quality in Australia

On 29 November 2012 the Senate referred an inquiry into the impacts on health of air quality in Australia to the Standing Committee on Community Affairs References Committee. The terms of reference for the senate inquiry are to report on the impacts on health of air quality in Australia, including:

• 
  particulate matter, its sources and effects
  
• 
  those populations most at risk and the causes that put those populations at risk
  
• 
  the standards, monitoring and regulation of air quality at all levels of government
  
• 
  any other related matters.
  

The department’s submission to the inquiry, submitted on 15 March 2013, focused on air quality as it relates to sustainability and communities, as well as the ways in which air quality is currently managed in Australia.

The department provided evidence at a public hearing in Canberra on 5 June 2013 and provided additional information sought at that hearing.

Senate Standing Committee on Environment and Communications References Committee—Inquiry into the operation of the South Australian and Northern Territory container deposit schemes

On 11 October 2012, the Senate referred an inquiry on the operation of the South Australian and Northern Territory container deposit schemes to the Senate Environment and Communications References Committee.

On 26 October 2012 the department provided a submission to the inquiry outlining that the Standing Council on Environment and Water had been assessing policy options for better managing packaging waste in Australia, including national container deposit schemes.

The committee tabled its final report on 22 November 2012, which outlined six recommendations. A dissenting report was also submitted outlining three recommendations. The committee recommended that a national container deposit scheme be implemented through the decision regulation impact statement process.

The department coordinated the Australian Government response to the report, which was tabled on 20 June 2013.

Joint Standing Committee on Treaties

It is a requirement that when any amendments are made to the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) a national interest analysis be tabled in parliament for the scrutiny of the Joint Standing Committee on Treaties.

Amendments to appendices I and II of the CITES, arising from the 16th conference of the parties held in Bangkok, Thailand in March 2013, were tabled on 14 May 2013. The obligations arising from the amendments include the uplisting of freshwater sawfish (Pristis microdon) from Appendix II to Appendix I; and the inclusion of the porbeagle shark (Lamna nasus), oceanic whitetip shark (Carcharhinus longimanus), scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (Sphyrna mokarran), smooth hammerhead shark (Sphyrna zygaena) and the two manta ray species (Manta birostris and Manta alfredi) in Appendix II.

Departmental officers appeared at a public hearing on the matter on 24 June 2013.