Outcome:	1 Environment			Question No: 13
Output:  	1.2  Biodiversity
Division/Agency:	Approvals and Wildlife Division
Topic: 	Listed Species
Hansard Page ECITA:	Written question on notice

Senator Allison asked: 
Has the Department received any notifications from fishers about interactions with listed species? Can records of interactions be provided?

Answer/s: 
Yes.  Summary records of interactions are attached.

Reported Interactions with Listed Species from 26 February 2004

Taxon	Species	Conservation Status	Interaction Date	Interaction/Condition	Location	State	
Sharks	Great White Shark (Carcharodon carcharias)	Listed as Vulnerable
Listed Migratory	18/05/2004	Deceased, caught in fishing operation	Lakes Entrance	VIC	
Seals	Elephant Seal (Mirounga leonina)	Listed as Vulnerable
Listed Marine	18/06/2004	Deceased, caught in fishing operation	Unknown	Unknown	
	Australian Fur Seal (Arctocephalus pusillus doriferus)	Listed Marine	19/07/2004	Deceased, caught in fishing operation	Waters North west of Tasmania	Tas	
	Australian Fur Seal (Arctocephalus pusillus doriferus)	Listed Marine	26/07/2004	Deceased, caught in fishing operation	Waters North west of Tasmania	Tas	
	Australian Fur Seal (Arctocephalus pusillus doriferus)	Listed Marine	26/07/2004	Deceased, caught in fishing operation	Waters North west of Tasmania	Tas	
	Seal Unknown		29/07/2004	Deceased, caught in fishing operation	Waters west of Tasmania	Tas	
	Antarctic Fur Seal (Arctocephalus gazelle)	Listed Marine	7/08/2004	Deceased, caught in fishing operation	Unknown	Unknown	
	Antarctic Fur Seal (Arctocephalus gazelle)	Listed Marine	14/09/2004	Deceased, caught in fishing operation	Unknown	Unknown	
	Australian Fur Seal (Arctocephalus pusillus doriferus)	Listed Marine	22/10/2004	Deceased, caught in fishing operation	Unknown	SA	
Cetaceans	Bottle-nosed Dolphin (Tursiops truncates)	Listed Cetacean	4/06/2004	Deceased, found on illegal fishing vessel	Unknown	WA	
	Bottle-nosed Dolphin (Tursiops truncatus)	Listed Cetacean	8/08/2004	Deceased, caught in fishing operation	Gulf of Carpentaria	QLD	
	Irrawaddy River Dolphin (Orcaella brevirostris)	Listed Cetacean	9/08/2004	Deceased, caught in fishing operation	Gulf of Carpentaria	QLD	
	Bottle-nosed Dolphin (Tursiops truncatus)	Listed Cetacean	11/08/2004	Deceased, caught in fishing operation	Gulf of Carpentaria	QLD	
	Bottle-nosed Dolphin (Tursiops truncatus)	Listed Cetacean	7/10/2004	Deceased, found on illegal fishing vessel	Waters east of Hervey Bay	QLD	

Taxon	Species	Conservation Status	Interaction Date	Interaction/Condition	Location	State	
	Common Dolphin (Delphinus delphis)	Listed Cetacean	8/10/2004	Deceased, caught in fishing operation	Waters East of Flinders Island	Tas	
	13 Common Dolphins (Delphinus delphis)	Listed Cetacean	9/10/2004	Deceased, caught in fishing operation	Waters East of Flinders Island	Tas	
	3 Bottle-nosed Dolphins (Tursiops truncatus)	Listed Cetacean	12/11/2004	Deceased, caught in fishing operation	Waters East of Tasmania	Tas	
	Dolphin Unidentifiable 		25/11/2004	Deceased, sighted on illegal fishing vessel	Waters North off Crocodile Island	NT	
	Indo-Pacific Humpback Dolphin (Sousa chinensis)	Listed CetaceanListed Migratory	5/12/2004	Deceased, caught in fishing operation	Western side of Bonaparte Gulf	WA	
	Sample Awaiting Identification		17/12/2004	Deceased, found on illegal fishing vessel	Unknown	NT	

Outcome:	1. Environment		Question No: 14
Output:  	1.2 Biodiversity
Division/Agency:	Approvals and Wildlife Division
Topic: 	Listed Species
Hansard Page ECITA:	Written question on notice

Senator Allison asked: 
Is the Department doing anything to ensure fishers comply with the requirement in the EPBC Act for people to notify the Secretary of the Department about interactions with listed species?

Answer/s: 
Yes.

The Department is negotiating an MOU with the Australian Fisheries Management Authority for records of interactions with protected species to be provided to the Department from fishers’ logbooks.  The Department has also contracted the Australian Fisheries Management Authority to produce and implement a communication strategy by mid 2005 aimed at educating fishers about their obligations under the EPBC Act to report interactions with protected species and encouraging fishers to report all such interactions.

Additionally, the Department has entered into an agreement with the Western Australian Department of Fisheries for a similar transfer of information in the Pilbara Fish Trawl Fishery, and if this trial proves satisfactory, the agreement will be extended to other fisheries under the control of WA Department of Fisheries and other State fisheries agencies.

The Department is also working with State and Territory Fisheries agencies and industry bodies to publicise the requirement to report interactions with protected species under the EPBC Act.

Outcome:	1. Environment		Question No: 15

Output:  	1.2 Biodiversity

Division/Agency: 	Approvals and Wildlife Division

Topic: 	Threatened Ecological Communities

Hansard Page ECITA:	Written question on notice

The honourable Senator Allison asked: 

Which lists of threatened ecological communities have been identified by the Minister for consideration under subsection 185(2)?  Roughly, how many threatened ecological communities are included on these lists?

Answer/s:  

On 15 October 2000, four State/Territory lists of threatened ecological communities were identified by the then Minister, Senator the Hon Robert Hill, for the purposes of paragraph 185(2)(b) of the Environment Protection and Biodiversity Conservation Act 1999. These were the lists of threatened ecological communities under the:

•	NSW Threatened Species Conservation Act 1995;
•	ACT Nature Conservation Act 1980;
•	Threatened Ecological Communities Database maintained by the WA Threatened Species and Communities Unit; and
•	the list of forest communities kept by Tasmania as identified under the Regional Forest Agreement process.

Subsequently, Minister Hill directed the Threatened Species Scientific Committee to consider ecological communities listed in Victoria and Queensland.

In total over 640 ecological communities are currently included on these lists.

Outcome:	1. Environment		Question No: 16

Output:  	1.2 Biodiversity

Division/Agency: 	Approvals and Wildlife Division

Topic: 	Threatened Ecological Communities

Hansard Page ECITA:	

Senator Allison asked: 

How many times has the TSSC rejected nominations on the basis the ecological community concerned was not defined at a “national” scale?

Answer/s:  

The TSSC has advised the Minister to reject 21 ecological communities.

Outcome:	1. Environment		Question No: 17

Output:  	1.2 Biodiversity

Division/Agency: 	Approvals and Wildlife Division

Topic: 	Threatened Ecological Communities

Hansard Page ECITA:	Written question on notice

Senator Allison asked: 
According to the law, there are two tests that a nominated community must satisfy before being listed.

Firstly, it must be an “ecological community” as defined under the Act.  That is, it must be an assemblage of native species that: (a) inhabits a particular area in nature; and (b) meets any additional criteria specified in the regulations.  I understand there are no regulations at present that specify any additional criteria.  

Secondly, the ecological community must satisfy the criteria for being critically endangered, endangered or vulnerable, which is found in the regulations.  

There appears to be no reference to the need for communities to be defined at a “national scale”.  

Can you point me to the provision in the Act or Regulations that provides that nominated ecological communities have to be defined on a “national scale”?  

Answer/s:  
There are no additional criteria specified in the regulations.

The first object of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is “to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance”.  Division 1 of Part 3 of the EPBC Act provides for the protection of matters of national environmental significance including listed ecological communities.  The EPBC Bill Explanatory Memorandum and the Second Reading Speech refer specifically to ‘nationally threatened species and ecological communities’.  In terms of protecting matters of national environmental significance the primary foundation for the EPBC Act was the 1997 Council of Australian Governments Heads of Agreement on Commonwealth/State Roles and Responsibilities for the Environment.  This document makes it clear that the Australian Government’s responsibilities and interests should focus on prescribed matters of national environmental significance including “nationally endangered or vulnerable species and communities”.

Outcome:	1.  Environment		Question No: 18
Output:  	1.2 Biodiversity
Division/Agency: 	Approvals and Wildlife Division
Topic:  	Firewood harvesting as a Key Threatening Process
Hansard Page ECITA:	Written question on notice

Senator Allison asked:
I understand a nomination for the listing of firewood harvesting as a KTP under the EPBC Act was made in the late 1990s and that a decision has not yet been made on this issue. Can you confirm that the Minister has received the advice from the TSSC on this issue?

Answer/s:
The previous Minister, Minister Kemp, received advice from the TSSC on this issue. When Minister Campbell was appointed in July 2004, the advice and associated briefing material was returned to the Department of the Environment and Heritage for updating and revision. The revision is still being finalised.

Outcome: 	1. Environment		Question No: 21
Output:  	1.4 Inland Waters
Division/Agency:	Approvals and Wildlife Division
Topic: 	Coles Bay Water Supply Upgrade, Tasmania: Decision under EPBC Act
Hansard Page ECITA:	Written question on notice

Senator Brown asked:
In relation to the decision on 29 November 2004 that expanding dams in a national park and conservation area to supply water to Coles Bay (EPBC 2004/1778) was no longer a controlled action –

Please provide a copy of the letter from the Tasmanian Minister for Primary Industries, Water and Environment dated 25 October 2004 relating to this matter and any other correspondence from the Tasmanian government or Federal Hotels relating to the matter.

Answer:
A copy of the requested correspondence is attached.  A statement of reasons for the decision, prepared pursuant to section 79 of the Environment Protection and Biodiversity Conservation Act 1999, is also attached.

Outcome:	1. Environment		Question No: 22
Output:  	1.4 Inland Waters
Division/Agency:	Approvals and Wildlife Division
Topic: 	Coles Bay Water Supply Upgrade, Tasmania: Decision under EPBC Act
Hansard Page ECITA:	Written question on notice

Senator Brown asked:
On what evidence did you decide that the risk of Phytophthera cinnamomi spread will be effectively managed and that the controls in place to avoid the risk are ‘adequate’?

Answer/s:
See response to Question 21.

Outcome:	1. Environment		Question No: 23
Output:	1.7 Inland Waters
Division/Agency:	Approvals and Wildlife Division
Topic: 	Coles Bay Water Supply Upgrade, Tasmania: Decision under EPBC Act
Hansard Page ECITA:	Written question on notice

Senator Brown asked:
What assessment has been made of the potential impacts of Phytophthera cinnamomi on Frecinet National Park?  What procedures and plans are in place to mitigate the risk?  What audits or evaluations have been carried out to test compliance with and/or the effectiveness of mitigation measures?

Answer/s:
See response to question 21.