Schedule 1 Intergovernmental agreement
on the environment
(see dict, def agreement)
AN AGREEMENT made the 1st day of May one thousand nine hundred and
ninety two
BETWEEN
THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part,
THE AUSTRALIAN CAPITAL TERRITORY of the eighth part,
THE NORTHERN TERRITORY OF AUSTRALIA of the ninth part,
THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION of the tenth
part.
WHEREAS
On 31 October 1990, Heads of Government of the Commonwealth, States and
Territories of Australia, and representatives of Local Government in Australia,
meeting at a Special Premiers’ Conference held in Brisbane, agreed to develop
and conclude an Intergovernmental Agreement on the Environment to provide a
mechanism by which to facilitate:
- a cooperative national approach to the environment;
- a better definition of the roles of the respective governments;
- a reduction in the number of disputes between the Commonwealth and
the States and Territories on environment issues;
- greater certainty of Government and business decision making; and
- better environment protection;
AND WHEREAS the Parties to this Agreement
ACKNOWLEDGE the important role of the Commonwealth and the States in
relation to the environment and the contribution the States can make in the
development of national and international policies for which the Commonwealth
has responsibilities;
RECOGNISE that environmental concerns and impacts respect neither physical
nor political boundaries and are increasingly taking on interjurisdictional,
international and global significance in a way that was not contemplated by those
who framed the Australian Constitution;
RECOGNISE that the concept of ecologically sustainable development including
proper resource accounting provides potential for the integration of
environmental and economic considerations in decision making and for
balancing the interests of current and future generations;
RECOGNISE that it is vital to develop and continue land use programs and co-
operative arrangements to achieve sustainable land use and to conserve and
improve Australia’s biota, and soil and water resources which are basic to the
maintenance of essential ecological processes and the production of food, fibre
and shelter;
ACKNOWLEDGE that the efficiency and effectiveness of administrative and
political processes and systems for the development and implementation of
environmental policy in a Federal system will be a direct function of: —
(i) the extent to which roles and responsibilities of the different levels of
Government can be clearly and unambiguously defined;
(ii) the extent to which duplication of functions between different levels of
Government can be avoided;
(iii) the extent to which the total benefits and costs of decisions to the
community are explicit and transparent;
(iv) the extent to which effective processes are established for co-operation
between governments on environmental issues; and
(v) the extent to which responsible Governments are clearly accountable to
the electorate for the development and implementation of policy; and
ACKNOWLEDGE that in the development and implementation of
environmental policy it is necessary to accommodate the regional environmental
differences which occur within Australia;
THE PARTIES AGREE AS FOLLOWS:
SECTION 1 — APPLICATION AND INTERPRETATION
1.1 “Commonwealth” means the Commonwealth of Australia.
1.2 “States” means a State or Territory named as a party to this Agreement.
1.3 “Local Government” means a Local Government body established by or
under a law of a State other than a body the sole or principal function of
which is to provide a particular service (such as the supply of electricity
or water).
1.4 “Australian Local Government Association” means the Federation of
State-wide Local Government Associations of the States, constituted by
Local Government bodies.
1.5 A reference in this Agreement to the words “give full faith and credit” to
the results of mutually approved or accredited systems, practices,
procedures or processes, means that the Commonwealth and the States
acting in accordance with the laws in force in their jurisdictions, will
accept and rely on the outcomes of that system or the practices,
procedures or processes, as the case may be, as a basis for their decision
making. In making the decision to accredit a system or practices,
procedures or processes, the Commonwealth or the States may make
provision for how unforeseeable circumstances or flawed execution may
be taken into account. A decision to accept and rely on the outcome does
not preclude the Commonwealth or the States taking factors into account
in their decision making, other than those dealt with in that system or
those practices, procedures or processes.
1.6 A reference to a Ministerial Council in this Agreement is a reference not
to the Ministerial Council as such but to the Australian members of that
Council acting separately from that Council pursuant to this Agreement.
1.7 Commonwealth responsibilities under this Agreement include ensuring
adherence as far as practicable within the External Territories and the
Jervis Bay Territory.
1.8 Any matters under this Agreement which are the responsibility of the
Norfolk Island Assembly under the Norfolk Island Act 1979 will be
referred by the Commonwealth to the Norfolk Island Government for its
consideration.
1.9 In relation to each of its external Territories and the Territory of Jervis
Bay, the Commonwealth has, subject to paragraphs 1.7 and 1.8 the same
responsibilities and interests as each State has in relation to that State
under paragraph 2.3.
1.10 Section 2.2.3 of this Agreement should be read subject to the Australian
Capital Territory (Planning and Land Management) Act 1988.
1.11 The Commonwealth, the States and the Australian Local Government
Association acknowledge that while the Association is a party to this
Agreement, it cannot bind local government bodies to observe the terms
of this Agreement. However in view of the responsibilities and interests
of local government in environmental matters and in recognition of the
partnership established between the three levels of government by the
Special Premiers Conference process, the Commonwealth and the States
have included the Australian Local Government Association as a party to
this Agreement and included references in the Agreement to local
government and all levels of government.
1.12 The States will consult with and involve Local Government in the
application of the principles and the discharge of responsibilities
contained in this Agreement to the extent that State statutes and
administrative arrangements authorise or delegate responsibilities to
Local Government, and in a manner which reflects the concept of
partnership between the Commonwealth, State and Local Governments.
1.13 Questions of interpretation of this Agreement are to be raised in the first
instance in the appropriate Ministerial Council(s) after consultation by the
Chair of the Ministerial Council with the President of the Australian Local
Government Association where appropriate. Where these mechanisms do
not resolve the interpretation, the matter will be dealt with by reference
from the Ministerial Council(s) to First Ministers.
SECTION 2 — ROLES OF THE PARTIES — RESPONSIBILITIES AND
INTERESTS
2.1 RESPONSIBILITIES AND INTERESTS OF ALL PARTIES
2.1.1 The following will guide the parties in defining the roles, responsibilities
and interests of all levels of Government in relation to the environment
and in particular in determining the content of Schedules to this
Agreement.
2.2 RESPONSIBILITIES AND INTERESTS OF THE
COMMONWEALTH
2.2.1 The responsibilities and interests of the Commonwealth in safeguarding
and accommodating national environmental matters include:
(i) matters of foreign policy relating to the environment and, in
particular, negotiating and entering into international agreements
relating to the environment and ensuring that international
obligations relating to the environment are met by Australia;
(ii) ensuring that the policies or practices of a State do not result in
significant adverse external effects in relation to the environment
of another State or the lands or territories of the Commonwealth
or maritime areas within Australia’s jurisdiction (subject to any
existing Commonwealth legislative arrangements in relation to
maritime areas).
(iii) facilitating the co-operative development of national
environmental standards and guidelines as agreed in Schedules to
this Agreement.
2.2.2 When considering its responsibilities and interests under paragraph
2.2.1(ii), the Commonwealth will have regard to the role of the States in
dealing with significant adverse external effects as determined in 2.5.5 of
this Agreement, and any action taken pursuant to 2.5.5.
2.2.3 The Commonwealth has responsibility for the management (including
operational policy) of living and non-living resources on land which the
Commonwealth owns or which it occupies for its own use.
2.3 RESPONSIBILITIES AND INTERESTS OF THE STATES
2.3.1 Each State will continue to have responsibility for the development and
implementation of policy in relation to environmental matters which have
no significant effects on matters which are the responsibility of the
Commonwealth or any other State.
2.3.2 Each State has responsibility for the policy, legislative and administrative
framework within which living and non living resources are managed
within the State.
2.3.3 The States have an interest in the development of Australia’s position in
relation to any proposed international agreements (either bilateral or
multilateral) of environmental significance which may impact on the
discharge of their responsibilities.
2.3.4 The States have an interest and responsibility to participate in the
development of national environmental policies and standards.
2.4 RESPONSIBILITIES AND INTERESTS OF LOCAL GOVERNMENT
2.4.1 Local Government has a responsibility for the development and
implementation of locally relevant and applicable environmental policies
within its jurisdiction in co-operation with other levels of Government
and the local community.
2.4.2 Local Government units have an interest in the environment of their
localities and in the environments to which they are linked.
2.4.3 Local Government also has an interest in the development and
implementation of regional, Statewide and national policies, programs
and mechanisms which affect more than one Local Government unit.
2.5 ACCOMMODATION OF INTERESTS
2.5.1 Between the States and the Commonwealth
2.5.1.1 Where there is a Commonwealth interest in an environmental matter
which involves one or more States, that interest will be accommodated as
follows:
(i) the Commonwealth and the affected States will cooperatively set
outcomes or standards and periodically review progress in
meeting those standards or achieving those outcomes; or
(ii) where outcomes or standards are impractical or inappropriate, the
Commonwealth may approve or accredit a State’s practices,
procedures, and processes; or
(iii) where the Commonwealth does not agree that State practices,
procedures or processes are appropriate, the Commonwealth and
the States concerned will endeavour to agree to modification of
those practices, procedures and processes to meet the needs of
both the Commonwealth and the States concerned;
(iv) where agreement is reached between the Commonwealth and a
State under (iii) the Commonwealth will approve or accredit that
State practice, procedure or process.
2.5.1.2 Where it has approved or accredited practices, procedures or processes
under 2.5.1.1 the Commonwealth will give full faith and credit to the
results of such practices, procedures and processes when exercising
Commonwealth responsibilities.
2.5.1.3 Where a State considers that its interests can be accommodated by
approving or accrediting Commonwealth practices, procedures or
processes, or an agreed modified form of those practices, procedures or
processes, a State may enter into arrangements with the Commonwealth
for that purpose.
2.5.1.4 Where a State has approved or accredited practices, procedures or
processes under 2.5.1.3 that State will give full faith and credit to the
results of such practices, procedures or processes when exercising State
responsibilities.
2.5.1.5 The Commonwealth and the States note that decisions on major
environmental issues taken at one level of government may have
significant financial implications for other levels of government and
agree that consideration will be given to these implications where they
are major or outside the normal discharge of legislative or administrative
responsibilities of the level of government concerned.
2.5.1.6 Clause 2.5.1.5 applies to each of the Schedules to this Agreement.
2.5.2 International Agreements
2.5.2.1 The parties recognise that the Commonwealth has responsibility for
negotiating and entering into international agreements concerning the
environment. The Commonwealth agrees to exercise that responsibility
having regard to this Agreement and the Principles and Procedures for the
Commonwealth-State Consultation on Treaties as agreed from time to
time. In particular, the Commonwealth will consult with the States in
accordance with the Principles and Procedures, prior to entering into any
such international agreements.
2.5.2.2 The Commonwealth will, where a State interest has become apparent
pursuant to the Principles and Procedures and subject to the following
provisions not being allowed to result in unreasonable delays in the
negotiation, joining or implementation of international agreements:
(i) notify and consult with the States at the earliest opportunity on
any proposals for the development or revision of international
agreements which are relevant to Australia and which relate to the
environment and will take into account the views of the States in
formulating Australian policy, including consultation on issues
relating to roles, responsibilities and costs;
(ii) when requested, include in appropriate cases, a representative or
representatives of the States on Australian delegations negotiating
international agreements related to the environment. Any such
representation will be subject to the approval of the Minister for
Foreign Affairs and Trade, and will, unless otherwise agreed, be
at the expense of the States;
(iii) prior to ratifying or acceding to, approving or accepting any
international agreement with environmental significance, consult
the States in an effort to secure agreement on the manner in which
the obligations incurred should be implemented in Australia,
consistent with the roles and responsibilities established pursuant
to this Agreement.
2.5.2.3 The States will establish and advise the Commonwealth on the
appropriate channels of communication, and persons responsible for
consultation, to ensure that the Commonwealth can discharge its
international responsibilities in a timely manner.
2.5.2.4 When ratifying, or acceding to, approving or accepting any international
agreement with environmental significance, the Commonwealth will
consider, on a case by case basis, making the standard Federal Statement
on ratification, accession, approval or acceptance.
2.5.3 Mechanisms for Determining Commonwealth Interests
2.5.3.1 Where a State wishes to determine whether or not an environmental
matter in that State will involve the interests of the Commonwealth and
is not covered by any established processes, that State may request the
Commonwealth to indicate whether that matter is a matter of
Commonwealth interest.
2.5.3.2 On receipt of a request from a State, the Commonwealth will consult with
that State. If the Commonwealth requires further information it will seek
such information within six weeks. The Commonwealth will, as soon as
possible, or in any event within eight weeks after receipt of the original
request, or six weeks after the provision of the further information, as the
case may be, notify the State whether or not it considers that the matter
does involve Commonwealth interests. If it does involve Commonwealth
interests, the Commonwealth will notify all other States of the basis and
scope of its interest.
2.5.3.3 Where the Commonwealth wishes to determine whether or not a State
agrees that an environmental matter in that State involves the interests of
the Commonwealth, it may seek advice from the State concerned and the
State and the Commonwealth will, if necessary, enter into discussions on
the matter within four weeks after the State receives the request for
advice.
2.5.3.4 The Commonwealth and the States recognise the importance of
responding to requests made under 2.5.3.1 and 2.5.3.3 in the shortest
possible time.
2.5.3.5 Where there is disagreement as to whether or not there is a
Commonwealth interest in an environmental matter, the Commonwealth
and the States concerned will use their best endeavours to resolve the
disagreement at First Minister level.
2.5.4 Duplication of Interests
2.5.4.1 With a view to eliminating functional duplication, wherever the interests
of a level of Government have been accommodated, the relevant levels of
Government will review the need and justification for retaining any
comparable processes or institutions.
2.5.4.2 Where some duplication or overlap of interests between levels of
government is unavoidable, the relevant levels of Government will seek
clear and distinct liaison and consultative procedures, under mechanisms
to be agreed at First Minister level, such as Ministerial Councils, to
coordinate and harmonise actions and to avoid disputes.
2.5.4.3 Any review under clause 2.5.4.1 or liaison and consultation procedures
under 2.5.4.2 will be guided by the need to work towards simplicity,
certainty and transparency in the mechanisms relevant to the development
and implementation of environmental policy, consistent with the
maintenance of proper environmental protection.
2.5.5 Between the States
2.5.5.1 Where the policies, programs, projects, legislation or regulations of a
State may affect the environment of another State or States, the States
undertake to provide timely notification to any affected State, and
appropriate consultation in relation to those policies, programs, projects,
legislation or regulations.
2.5.5.2 Wherever significant adverse external effects on another State are
expected or identified, the relevant States will use their best endeavours
to establish appropriate mechanisms for ensuring cooperative
management.
2.5.5.3 Where the States are directly and cooperatively involved with the
management of significant adverse external effects and one or more of
the States considers that one or more of the other States are not adequately
discharging their management responsibilities, the State or States
concerned will endeavour to resolve expeditiously any issue of
disagreement or concern.
2.5.5.4 The States will if necessary determine what mechanism or process should
be employed to resolve any disagreement or matter of concern, which
mechanism or process may include inviting the Commonwealth to assist
in the resolution of the matter.
2.5.6 National Interest
Notwithstanding the particular responsibilities of the Commonwealth in
safeguarding and accommodating national environmental matters, the
parties agree that all levels of Government have a responsibility to ensure
that matters of national interest are properly taken into account in their
activities.
SECTION 3 — PRINCIPLES OF ENVIRONMENTAL POLICY
3.1 The parties agree that the development and implementation of
environmental policy and programs by all levels of Government should
be guided by the following considerations and principles.
3.2 The parties consider that the adoption of sound environmental practices
and procedures, as a basis for ecologically sustainable development, will
benefit both the Australian people and environment, and the international
community and environment. This requires the effective integration of
economic and environmental considerations in decision-making
processes, in order to improve community well-being and to benefit
future generations.
3.3 The parties consider that strong, growing and diversified economies
(committed to the principles of ecologically sustainable development) can
enhance the capacity for environmental protection. In order to achieve
sustainable economic development, there is a need for a country’s
international competitiveness to be maintained and enhanced in an
environmentally sound manner.
3.4 Accordingly, the parties agree that environmental considerations will be
integrated into Government decision-making processes at all levels by,
among other things:
(i) ensuring that environmental issues associated with a
proposed project, program or policy will be taken into
consideration in the decision making process;
(ii) ensuring that there is a proper examination of matters
which significantly affect the environment; and
(iii) ensuring that measures adopted should be cost-effective
and not be disproportionate to the significance of the
environmental problems being addressed.
3.5 The parties further agree that, in order to promote the above approach, the
principles set out below should inform policy making and program
implementation.
3.5.1 precautionary principle-
Where there are threats of serious or irreversible environmental damage,
lack of full scientific certainty should not be used as a reason for
postponing measures to prevent environmental degradation.
In the application of the precautionary principle, public and private
decisions should be guided by:
(i) careful evaluation to avoid, wherever practicable, serious
or irreversible damage to the environment; and
(ii) an assessment of the risk-weighted consequences of
various options.
3.5.2 intergenerational equity-
the present generation should ensure that the health, diversity and
productivity of the environment is maintained or enhanced for the benefit
of future generations.
3.5.3 conservation of biological diversity and ecological integrity-
conservation of biological diversity and ecological integrity should be a
fundamental consideration.
3.5.4 improved valuation, pricing and incentive mechanisms-
-
environmental factors should be included in the valuation of
assets and services
-
polluter pays i.e. those who generate pollution and waste should
bear the cost of containment, avoidance, or abatement
-
the users of goods and services should pay prices based on the full
life cycle costs of providing goods and services, including the use
of natural resources and assets and the ultimate disposal of any
wastes
-
environment goals, having been established, should be pursued in
the most cost effective way, by establishing incentive structures,
including market mechanisms, which enable those best placed to
maximise benefits and/or minimise costs to develop their own
solutions and responses to environmental problems.
SECTION 4 — IMPLEMENTATION AND APPLICATION OF PRINCIPLES
4.1 The Schedules to this Agreement deal with specific areas of
environmental policy and management and form part of this Agreement.
The schedules have been prepared and are to be interpreted in accordance
with Sections 1, 2 and 3 of this Agreement.
4.2 Nothing in this Agreement will affect any existing intergovernmental
agreement between the Commonwealth and a State or States, or between
the States, unless alterations or amendments to those agreements are
proposed in accordance with any existing review process and/or any
review process arising as a result of this Agreement.
4.3 For each particular Schedule included in this Agreement, the
Commonwealth and the States undertake to nominate an agency or
Ministry to assume primary responsibility within its jurisdiction for the
issues covered in the Schedule and to inform the other parties
accordingly.
4.4 Where not otherwise provided in the Schedules, existing
intergovernmental arrangements will be the primary mechanisms for the
cooperative application of the provisions of this Agreement.
SECTION 5 — REVIEW
5.1 The operation of this Agreement will be reviewed every three years by
the presentation of a report from the relevant Ministerial Councils to the
First Ministers following consultation by the Chair of the Ministerial
Council with the President of the Australian Local Government
Association.
5.2 The Agreement may be amended and schedules added by agreement of
all First Ministers. Prior to making amendments in relation to matters
specified in this Agreement, or developing any draft schedules, that
involve local government, First Ministers will consult and seek the
agreement of the President of the Australian Local Government
Association.
IN WITNESS WHEREOF this agreement has been respectively signed for and
on behalf of the parties as at the day and year first above written.
SIGNED by the Honourable PAUL JOHN
KEATING, Prime Minister of the
Commonwealth of Australia } *Signature omitted
SIGNED by the Honourable NICHOLAS
FRANK GREINER, Premier of the State of
New South Wales } *Signature omitted
SIGNED by the Honourable JOAN
ELIZABETH KIRNER, Premier of the
State of Victoria } *Signature omitted
SIGNED by the Honourable WAYNE
KEITH GOSS, Premier of the State of
Queensland } *Signature omitted
SIGNED by the Honourable CARMEN
MARY LAWRENCE, Premier of the State
of Western Australia } *Signature omitted
SIGNED by the Honourable JOHN
CHARLES BANNON, Premier of the State
of South Australia } *Signature omitted
SIGNED by the Honourable RAYMOND
JOHN GROOM, Premier of the State of
Tasmania } *Signature omitted
SIGNED by ROSEMARY FOLLETT
Chief Minister of the Australian Capital
Territory } *Signature omitted
SIGNED by the Honourable MARSHALL BRUCE
PERRON, Chief Minister of the Northern Territory
ACCEPTANCE OF THE AGREEMENT BY THE
NORTHERN TERRITORY IS SUBJECT TO THE
RESERVATIONS SET OUT IN ANNEXURE A OF
THIS AGREEMENT
} *Signature omitted
SIGNED by Councillor GRAEME BLATCHFORD
FRECKER, President of the AUSTRALIAN LOCAL
GOVERNMENT ASSOCIATION } *Signature omitted
Schedule 1 Data collection and handling
1 The parties agree that the collection, maintenance and integration of
environmental data will assist in efficient and effective environmental
management and monitoring.