The parties agree that each level of Government has responsibilities for the protection of flora and fauna and should use their best endeavours to ensure the survival of species and ecological communities, both terrestrial and aquatic, that make up Australia’s biota. The parties recognise that the protection and sound management of natural habitats is of fundamental importance to this aim and that all levels of Government should use their best endeavours to conserve areas critical to the protection of Australia’s flora and fauna and the maintenance of ecological processes that ensure biological productivity and stability.
The parties recognise that the States have primary responsibility in the general area of nature conservation.
The parties recognise that the Commonwealth has a particular responsibility in the area of nature conservation in relation to:
management of areas that lie within its own jurisdiction including the external territories and the Jervis Bay Territory, Commonwealth places and marine areas;
Australia’s obligations under international law including under treaties;
exports, imports and quarantine.
The Commonwealth also has a particular interest in facilitating the effective and efficient co‑ordination of nature conservation across all jurisdictions.
The parties agree that a national approach should be taken to rare, vulnerable and endangered species given that the distribution of these species and their habitats is not confined or determined by State or Commonwealth borders and that a national approach is desirable to avoid duplication of effort, to ensure appropriate outcomes and to maximise the effectiveness of available resources.
The parties agree that environmental management and resource use decisions taken by all levels of Government should have regard to the national distribution of species and other agreed national nature conservation considerations.
The Commonwealth and the States agree to cooperate in the conservation, protection and management of native species and habitats that occur in more than one jurisdiction. In addition to participating in such cooperative activities, the Commonwealth and the States may take whatever action they deem appropriate within their respective jurisdictions to protect any native species and habitats which they consider requires specific action.
Within one year of the execution of this Agreement, the Australian and New Zealand Environment and Conservation Council, in consultation with relevant Ministerial Councils, will develop and report to First Ministers on a strategy for a national approach to the protection of rare, vulnerable and endangered species. The Australian and New Zealand Environment and Conservation Council will provide a progress report to First Ministers within six months.
The report referred to in clause 7 will take into account the preparation of an ‘Australian National Strategy for the Conservation of Species and Communities Threatened With Extinction’ by the Endangered Species Advisory Committee which was established to advise the Commonwealth Minister of the Arts, Sport, the Environment, Tourism and the Territories and will include the following:
(i) the identification of Australia’s rare, vulnerable and endangered species of flora and fauna;
(ii) the options for off reserve protection of species and habitats to complement the reserve system and the identification of ecologically significant remnant vegetation;
(iii) the manner in which all levels of Government might ensure that land or resource use decision making processes explicitly identify circumstances where there is an impact on identified rare, vulnerable and endangered species and assess the nature of this impact prior to taking a decision;
(iv) the development of mechanisms on a cooperative basis to address cross‑jurisdictional problems;
(v) the setting of outcomes and goals and the allocation of tasks in relation to all States and the Commonwealth and monitoring and reporting on the achievement of those outcomes and goals;
(vi) the co‑ordination of any research initiatives;
(vii) the resource and financial implications and impacts of any national approach.
The parties recognise the threat posed to both the natural environment and agricultural and maricultural production by pest species of introduced plants and animals and acknowledge that a cooperative national approach to their control has the potential to produce savings from a reduction of duplication of existing effort. The parties agree that the Commonwealth’s role should be one of facilitating co‑ordinated State efforts within this national approach. Due to the nature of the threat, coordination of a national approach should be undertaken through the Australian and New Zealand Environment and Conservation Council, the Australian Agricultural Council and the Australian Fisheries Council.
The parties agree to co‑operate in fulfilling Australia’s commitments under international nature conservation treaties and recognise the Commonwealth’s responsibilities in ensuring that those commitments are met.
The parties recognise the Commonwealth’s responsibilities with regard to the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the export of wildlife and wildlife products. The Commonwealth and the States agree to cooperate in the development of improved intergovernmental arrangements for regulating commercial use of native wildlife, including setting of nationally sustainable harvesting levels, establishment of national standards in marketing of wildlife products, and streamlining of permits and regulatory controls and enforcement.
The parties agree that the management of parks and protected areas is largely a function of the States. The Commonwealth has a responsibility for parks and protected areas on its own land and any parks or protected areas it establishes in Australia’s maritime areas (subject to any existing Commonwealth legislative arrangements in relation to maritime areas), and to assist the States with common concerns which have been identified by the Commonwealth and the States to have national implications.
The parties agree that a representative system of protected areas encompassing terrestrial, freshwater, estuarine and marine environments is a significant component in maintaining ecological processes and systems. It also provides a valuable basis for environmental education and environmental monitoring. Such a system will be enhanced by the development and application where appropriate of nationally consistent principles for management of reserves.
The parties agree that the national approach to the conservation, protection and management of native species and habitats may include the addition of new areas to reserve systems and protected areas, some of which may be under multiple land use regimes, where such multiple land use does not adversely affect the prime nature conservation function of the reserve or protected area.
The parties further recognise that the establishment and management of a reserve system is not in itself sufficient to ensure the protection of Australia’s flora and fauna. Off‑reserve protection and management, particularly of remnant vegetation, are also required. The parties recognise the need for national co‑operation to ensure that remnants that are ecologically significant on a national scale are identified; management and protection arrangements are consistent across borders; research initiatives are co‑ordinated and not duplicated; and that off‑reserve protection activities complement the reserve system.
The Commonwealth and the States agree to co‑operate in the development of actions outlined in this schedule and that the Australian and New Zealand Environment and Conservation Council be the primary forum of all co‑ordination of nationwide nature conservation functions.
ANNEXURE A
RESERVATION BY THE NORTHERN TERRITORY
The Northern Territory in signing this Agreement notifies that it does not consider itself a party to the Intergovernmental Agreement on Road Transport entered into by the Commonwealth, States and the Australian Capital Territory, and accordingly is not bound by sub‑clause 5(vi) and clause 7 of Schedule 4 to this Agreement.
The Northern Territory further notifies its intention to enter into discussions with the other parties with the objective of securing the direct participation of representatives of the Northern Territory Government concerned with transport administration in any joint or collaborative processes among the Commonwealth, States and Territories for the establishment of measures for national motor vehicle emission and noise standards.
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Notes
1 This reprint is a compilation as at 1 October 2010 of the National Environment Protection Council (Western Australia) Act 1996 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
Short title
Number and year
Assent
Commencement
National Environment Protection Council (Western Australia) Act 1996
73 of 1996
13 Nov 1996
s. 1 and 2: 13 Nov 1996; Act other than s. 1 and 2: 16 Nov 1996 (see s. 2 and Gazette 15 Nov 1996 p. 6555)
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 55
10 of 1998
30 Apr 1998
30 Apr 1998 (see s. 2(1))
Reprint 1: The National Environment Protection Council (Western Australia) Act 1996 as at 12 Mar 2004 (includes amendment listed above)