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Great Barrier Reef Region Strategic Assessment Terms of Reference Submissions Report

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Great Barr ier Reef Region Strategic Assessment

Terms of ReferenceSubmissions Report

Great Barr ier Reef Region Strategic Assessment

Terms of ReferenceSubmission Report

Report on public submissions received on the draft Terms of Reference

© Commonwealth of Australia

Published by the Great Barrier Reef Marine Park Authority August 2012

ISBN 978-1-921682-90-2

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without the prior written permission of the Great Barrier Reef Marine Park Authority.

Requests and inquiries concerning reproduction and rights should be addressed to:

General Manager, Communication and Policy Coordination

Great Barrier Reef Marine Park Authority,

PO Box 1379, Townsville Qld 4810.

Further information is available from:

2-68 Flinders Street East (PO Box 1379) Townsville Queensland 4810

Telephone +617 4750 0700 Fax +617 4772 6093 Web site www.gbrmpa.gov.au

SUBMISSIONS REPORT i

Table of Contents

Abbreviations ............................................................................................................. iii

Executive Summary .................................................................................................... 1

1.Introduction .............................................................................................................. 2

1.1 Background ................................................................................................... 2

1.2 Purpose of this report .................................................................................... 2

2.Public Consultation.................................................................................................. 2

2.1 Public consultation process ........................................................................... 2

2.2 Number of responses received ...................................................................... 2

2.3 Origin of respondents .................................................................................... 3

2.4 Types of respondents .................................................................................... 4

3.Main Issues Raised .................................................................................................. 4

4.Issues Raised on Draft Terms of Reference .......................................................... 5

5.General Respondent Values and Concerns ........................................................... 8

5.1 Values and concerns ..................................................................................... 8

5.2 Management of the World Heritage Area .................................................... 10

6.World Heritage Mission Feedback ........................................................................ 11

7.Recommendations ................................................................................................. 11

Attachment 1: Strategic Assessment Agreement between the Authority and the Minister for Sustainability, Environment, Water, Population and Communities ........... 13

Attachment 2: Draft Terms of Reference ................................................................... 15

Attachment 3: WHC/IUCN Mission Recommendations relevant to the Strategic Assessment ................................................................................................................. 17

Attachment 4: Responses to Specific Matters ........................................................... 19

ii Great Barrier Reef Region Strategic Assessment

SUBMISSIONS REPORT iii

Abbreviations

ABBREVIATION DESCRIPTION

the Authority Great Barrier Reef Marine Park Authority

World Heritage Area Great Barrier Reef World Heritage Area

IUCN International Union for Conservation of Nature

the Mission

Joint monitoring mission that visited the Great Barrier Reef World Heritage

Area in March 2012 comprising the UNESCO World Heritage

Centre/International Union for the Conservation of Nature

MNES Matters of national environmental significance

OUV Outstanding Universal Value

DSEWPaC Department of Sustainability, Environment, Water, Population and

Communities

UNESCO United Nations Educational, Scientific and Cultural Organization

WHC World Heritage Committee

iv Great Barrier Reef Region Strategic Assessment

SUBMISSIONS REPORT 1

Executive Summary

The Terms of Reference will guide the development of the Great Barrier Reef Region Strategic Assessment

Report. This Report forms part of the comprehensive strategic assessment of the Great Barrier Reef World

Heritage Area and Coastal Zone. The draft Terms of Reference presented the first of a number of opportunities

for the public to contribute to the Strategic Assessment process.

A total of 363 submissions were received by Great Barrier Reef Marine Park Authority on the draft Terms of

Reference. A further 17 public submissions provided to the Queensland Government and forwarded to the

Great Barrier Reef Marine Park Authority were also considered. Additional advice was received from the joint

UNESCO World Heritage Centre/ International Union for Conservation of Nature monitoring mission.

Fifty-three respondents (14 per cent) raised issues and concerns that directly related to the Strategic

Assessment process and the draft Terms of Reference. The issues raised by respondents and those arising

from the joint UNESCO World Heritage Centre/International Union for Conservation of Nature mission report

have been considered in revising the Terms of Reference. Key issues raised related to:

The need for expert peer review and/or an independent assessment of management effectiveness.

Processes to facilitate stakeholder involvement.

Consideration of a wide range of impacts.

The importance of assessing cumulative impacts and the need to develop a framework to assess

cumulative impacts as part of the Strategic Assessment.

Scope of management arrangements to be considered.

Criteria for selecting demonstration cases.

Coordination and integration between the Great Barrier Reef Marine Park Authority and the Queensland

Government Strategic Assessments.

The need for explicit reference to the Outstanding Universal Value of the World Heritage Area.

The way in which Strategic Assessment would contribute to meeting the recommendations of the World

Heritage Committee.

The need for clearly defined targets.

Other matters raised included the establishment of historical baselines for conditions, the timeframe for

completion of the Strategic Assessment and the lifespan of the resulting management program, references to

ecologically sustainable development, resourcing, the rigour of development approval processes and offsetting

arrangements.

In addition, many respondents commented more broadly on the values of the World Heritage Area, the matters

that are threatening it and the need to protect it for the future. The values most frequently mentioned were

heritage (its globally unique and iconic status), biodiversity (species and habitat), tourism and water quality.

A large majority of respondents expressed concern about the management of impacts in the Great Barrier Reef

World Heritage Area and the proposed expansion to the coal port at Abbot Point. Many of these respondents

sought an immediate moratorium on the approval of major industrial development during the Strategic

Assessment process.

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1. Introduction

1.1 Background

The Australian and Queensland governments are working together to undertake a comprehensive strategic

assessment of the Great Barrier Reef World Heritage Area and Coastal Zone. The comprehensive strategic

assessment will help identify, plan for and manage existing and emerging risks so that the unique values of the

Great Barrier Reef are protected and managed.

There are two components to the comprehensive strategic assessment - a marine component and a coastal

component. The Great Barrier Reef Marine Park Authority (the Authority) will lead the marine component

involving a Strategic Assessment of the Great Barrier Reef Region. The Queensland Government will lead the

coastal component involving a Strategic Assessment of the Great Barrier Reef Coastal Zone.

This report deals with the Terms of Reference for the Authority's Great Barrier Reef Region Strategic

Assessment Report.

1.2 Purpose of this report

Under the Strategic Assessment Agreement between the Authority and the Minister for Sustainability,

Environment, Water, Population and Communities (Attachment 1), after public comments on the draft Terms of

Reference have been received, the Authority must submit to the Minister:

a) Proposed Terms of Reference

b) Public responses relating to the draft Terms of Reference

c) A report on how the public responses have been taken into account.

This report describes the public responses received and how they have been taken into account. It includes a

description of the public comment process; an overview of the number and type of submissions received; a

summary of the specific matters raised; a response to these matters; and the revisions proposed to the draft

Terms of Reference.

2. Public Consultation

2.1 Public consultation process

The draft Terms of Reference for the Authority (Attachment 2) were released for public comment on 18

February 2012 at the same time as those for the Queensland Government. An invitation to submit comments on

the Authority’s draft Terms of Reference was advertised on the websites of the Authority and the Department of

Sustainability, Environment, Water, Population and Communities (DSEWPaC), and in newspapers circulating in

Queensland. In addition, key stakeholders including the Authority’s Reef Advisory Committees and Local Marine

Advisory Committees were informed directly.

The initial closing date of 13 April 2012 was extended to 30 April 2012 in response to requests from a number of

individuals and organisations.

2.2 Number of responses received

During the public comment period, 357 submissions were received by the Authority. Together with an additional

six submissions received after the closing date and accepted as recommended by the DSEWPaC, the total

number of submissions received by the Authority was 363. Also included in the statistics presented in this report

SUBMISSIONS REPORT 3

were 17 non-confidential submissions provided to the Queensland Government and forwarded to the Authority

which were relevant to the Great Barrier Reef Region Strategic Assessment. Likewise, non-confidential

submissions provided to the Authority relevant to the Great Barrier Reef Coastal Zone strategic assessment

were forwarded to the Queensland Government for its consideration. Consequently, the total number of

submissions considered in this report and in finalising the Terms of Reference was 380.

In addition to the public submissions, the Authority considered the joint UNESCO World Heritage

Centre/International Union for the Conservation of Nature (IUCN) State of Conservation Report and monitoring

Mission Report. These reports contain a number of recommendations concerning the comprehensive strategic

assessment of the Great Barrier Reef World Heritage Area and Coastal Zone (Attachment 3).

2.3 Origin of respondents

The majority of the submissions received came from respondents within Australia (298 submissions, 78 per cent

of the total). Of the Australian individuals that made a submission, three quarters were from Queensland, New

South Wales or Victoria (92, 90 and 46 respectively) (Figure 1). International submissions were received

principally from Europe (43 submissions; 11 per cent of the total), in particular France (17 submissions, 4 per

cent of the total). Submissions were also received from the United States of America, Canada, South Africa

and New Zealand (Figure 1).

Figure 1: Origin of respondents

4 Great Barrier Reef Region - Strategic Assessment

2.4 Types of respondents

A broad spectrum of stakeholders provided submissions, predominately individuals (88 per cent), (Table 1).

Table 1: Types of respondents

Type of respondent

Number of

submissions

Percentage of total

submissions

Individual 336 88.4

Non-government organisation 16 4.2

Advisory committee 7 1.8

Research institution 2 0.5

Port and shipping 7 1.8

Mining industry 3 0.8

Other peak body 3 0.8

Consulting company 1 0.3

Political party 1 0.3

Local government 2 0.5

State or federal government department 2 0.5

Total 380 100

3. Main Issues Raised

Many submissions commended the Australian and Queensland governments for conducting the comprehensive

Strategic Assessment.

"We see great value in the coming “Strategic Assessment” designed to look at the coast from an

entire perspective...and it would be good indeed to see all stakeholders becoming involved in

what should really be described as a vision for Queensland."

"We welcome, therefore, the undertaking of the Strategic Assessment. It must inform and shape a

clear path of planning, policy and legislative measures to ensure that Australia and the rest of the

World continues to protect, enjoy, profit from and pass on the wonder that is the Great Barrier

Reef."

"This strategic assessment process is an important opportunity to assess the health of the iconic Great Barrier Reef and to consider how to best manage, protect and preserve its unique values."

A view shared by many was that, in order to gain public confidence, the Strategic Assessment must be

independent, open, transparent and inclusive.

Some respondents expressed optimism about the potential outcomes of the Strategic Assessment, while others

expressed concern that the Strategic Assessment could lead to a streamlined approval process without

appropriate checks and balances, an outcome that would negatively impact on the World Heritage Area.

Both conservation organisations and industry representatives included statements regarding the need for the

Strategic Assessment to provide long-term certainty about the nature of acceptable sustainable development.

Typical excerpts include:

SUBMISSIONS REPORT 5

“The strategic assessment must provide industry with a greater level of certainty to underpin

large long-term investment decisions.”

"...the outcome will determine where sustainable development can go, the type of development

that will be allowed and the conditions under which development may proceed..."

Specific comments on the draft Terms of Reference and Strategic Assessment process are addressed in

Section 4.

In addition, many respondents commented more broadly on the value of the World Heritage Area, the concerns

regarding its protection (Section 5). A large majority of respondents expressed concern about the management

of impacts on the Great Barrier Reef World Heritage Area. Approximately two-thirds of respondents were

opposed to the expansion of the coal port at Abbot Point and sought an immediate moratorium on the approval

of major industrial development during the Strategic Assessment process.

4. Issues Raised on Draft Terms of Reference

A total of 53 respondents (14 per cent) addressed issues that related directly to the content of the draft Terms of

Reference (Table 2). A detailed summary of the matters raised in these submissions, the Authority’s response

and proposed changes to the Terms of Reference is at Attachment 4.

The most commonly raised matters specific to the draft Terms of Reference are summarised below (Table 2)

and illustrated in Figure 2.

Table 2: Matters raised by respondents

Matter raised No. of submissions

Independence and transparency, including:

the need for expert peer review

independent assessment of management effectiveness

information used in the Strategic Assessment to be made publicly available

29 submissions

Active involvement, including:

desire or obligation for input throughout the Strategic Assessment, not

just at the end of the process

extension of the comment period for the draft Strategic Assessment and

Program Reports to 60 days

28 submissions

Cumulative impacts, including:

the importance of assessing cumulative impacts of multiple activities (for

example agriculture, mining, fishing and tourism)

the need to develop a framework for analysing cumulative impacts as

part of the Strategic Assessment

26 submissions

Impacts analysed in the Strategic Assessment, including past, current and

future impacts from all activities within and adjacent to the World Heritage Area:

the need to include all types of activities (for example agriculture,

mining, fishing and tourism) that impact on the World Heritage Area

the need to assess past, current and future impacts on the World

Heritage area (for example historic and proposed developments, climate

change)

26 submissions

6 Great Barrier Reef Region - Strategic Assessment

Matter raised No. of submissions

Management arrangements evaluated, including:

scope of management arrangements including international, national, state and local government statutory and non-statutory management tools

25 submissions

Purpose of the Strategic Assessment, including:

articulate the purpose of the Strategic Assessment

articulate the desired outcomes of the process

24 submissions

Demonstration cases, including:

requests for selection criteria for the cases

requests that consideration be given to a variety of impacts and

management responses (adequate and deficient) across the World

Heritage Area

18 submissions

Integration of the two Strategic Assessments, including:

consistency between the Authority’s Terms of Reference and those for the Queensland Government and simplification of language

the need for close coordination during the Strategic Assessment process

clarification on how the two assessments will deal with overlapping areas and issues

17 submissions

Outstanding Universal Value (OUV):

more explicit reference to the Outstanding Universal Value of the Great

Barrier Reef World Heritage Area, rather than just the term Matters of

National Environmental Significance (MNES)

17 submissions

Clearly defined targets, including:

targets for World Heritage Area values

limits to acceptable change

caps to growth

spatial guidance for development

16 submissions

Environmentally Sustainable Development (ESD), including:

reference to the five principles in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

articulation of a process for decision-making which takes ESD into account

15 submissions

World Heritage Committee recommendations, including:

a clear articulation of the way in which the Strategic Assessment will

meet recommendations

13 submissions

Timeframe, including:

timeframes for completion of the Strategic Assessment: long enough to

undertake a comprehensively analysis; short enough to minimise

unnecessary delays to the process for assessing development

proposals currently underway

10 submissions

SUBMISSIONS REPORT 7

Matter raised No. of submissions

Baseline reference point, including:

importance of establishing an historical baseline of conditions

10 submissions

Resourcing, including the need for:

adequate funding for the Strategic Assessment

adequate funding for the resulting Program

10 submissions

Rigour of the development approvals process, including:

concern that the Strategic Assessment could result in "fast-tracking" or "streamlining" of individual project approvals under the EPBC Act

8 submissions

Offsets, including:

concerns over the use of offsets

offsets be used only as a last option

7 submissions

Figure 2: Most common matters raised in submissions

0 5 10 15 20 25 30 35

Offsets

Fast-tracking approvals

Resourcing

Baseline

Timeframe

WHC recommendations

ESD

Targets

Outstanding Universal Value

Integration coastal & marine

Demonstration cases

Purpose

Management arrangements

Impacts analysed

Cumulative impacts

Active involvement

Independence & transparency

8 Great Barrier Reef Region - Strategic Assessment

5. General Respondent Values and Concerns

In addition to the specific comments on particular aspects of the Terms of Reference, respondents also made a

number of broad comments relating to:

values and concerns

management of the World Heritage Area

how projects should be assessed during the strategic assessment process.

A summary of the main issues raised is presented below.

5.1 Values and concerns

Respondents referred to the values of heritage (world heritage values, including cultural heritage), biodiversity

(species and habitats), ecosystem health (including water quality), commercial use (tourism, fishing, ports,

shipping and traditional use) and recreation. Respondents also raised concerns about a number of threats to

the World Heritage Area. A visual depiction of the level of interest in particular issues raised by respondents is

provided below in a "word cloud". This format is useful for quickly perceiving the most prominent issues raised

by respondents. The frequency of the issue raised is quantitatively related to the font size of the text, meaning

that terms used most often appear largest. The issues raised by respondents relating to their values, and

impacts on values, are presented in Figure 3a and 3b respectively.

Figure 3a: Quantitative summary of terms raised by respondents relating to the Great Barrier Reef Region’s values

SUBMISSIONS REPORT 9

Figure 3b: Quantitative summary of issues relating to impacts on the Great Barrier Reef Region's values

Ports and shipping

A large majority of respondents expressed concern about the management and approval of proposed port

developments and their likely impacts on the World Heritage Area. Two hundred and thirty eight submissions

(63 per cent) opposed the proposed expansion to the coal port at Abbot Point and 273 submissions (72 per

cent) called for a moratorium or a halt on development until completion of the Strategic Assessment so that

impacts could be comprehensively analysed.

“Stop now. Rethink.”

“I am opposed to building the world’s biggest coal port at Abbot Point, right in the middle of the

World Heritage Area.”

Some respondents noted that delays to the assessment of development applications until after completion of

the Strategic Assessment would create significant cost and timing problems for proponents.

Sixty-eight respondents raised shipping as a concern. Respondents expressed the view that increased shipping

traffic would increase the likelihood of environmental incidents such as collisions, groundings, machinery failure,

and cargo or oil spills. Reference was also made to anchor damage, marine debris and vessel noise and their

effects on marine life.

Dredging associated with port development and operation, including impacts on the environment from increased

turbidity and the disposal or dispersal of dredged material (including acid sulphate soils) in the World Heritage

Area was also raised as an issue of concern. Although mining is not permitted in the Great Barrier Reef Region,

activities associated with mining outside the area were identified as a threat in 28 submissions.

“What is needed is another plan that specifically protects the Reef and surrounding areas from

the effects of dredging, dumping and all other infrastructural developments.”

A. Values B. Impacts

10 Great Barrier Reef Region - Strategic Assessment

Climate change and fossil fuel industry expansion

Attention was drawn to the impacts from climate change on the World Heritage Area by 32 respondents (8 per

cent) including coral bleaching, sea level rise, ocean acidification and increased floods leading to increased

polluted runoff. Prominent were statements regarding the relationship between climate change impacts to the

World Heritage Area and the rapid expansion of the fossil fuel industry in Queensland.

“…when the exported coal is burned overseas it will result in CO2 emissions… In a cruel irony,

the global warming and ocean acidification caused by rising carbon dioxide will quickly destroy

coral reefs – so the planned development is a triple whammy for the Great Barrier Reef.”

Ecologically sustainable development and conflicts of use

While an industry respondent expressed a desire for achieving a “balance between social, economic, and

environmental demands”, many submissions considered that the expansion and proposed developments

associated with the mining industry presented a conflict of use and would impact negatively on tourism, fishing,

agriculture and Australia’s “clean and green” image. Reference was made to concerns over the long term loss

of environmental values for short term economic gains. Some respondents raised concerns regarding short-

term economic benefits of mining compared with long-term sustainable industries dependent on a healthy Reef.

As a principle of ecologically sustainable development, the issue of intergenerational equity was also prominent:

“I am very supportive of the mining industry and its role in our strong economy. I understand the

necessity of ports to export these valuable natural resources. What I am opposed to is building

the world's biggest port at Abbot Point in a bid for quicker profits, to the very detriment of a very

natural commodity at the very doorstep.”

“…we will have done current as well as future generations a massive disservice and created for

short-term gain, long-term and irreversible environmental damage.”

5.2 Management of the World Heritage Area

Several submissions made reference to concerns about environmental assessment processes currently in

place, including the case-by-case assessment of development proposals and management of activities with the

potential to impact the World Heritage Area, under Commonwealth and State legislation. It was suggested that

management could be improved by the creation of a World Heritage Area Act, similar to the Wet Tropics of

Queensland World Heritage Area Act.

Concerns were raised about the potential for bias or conflict of interest as a result of proponents preparing

Environmental Impact Statements. Some respondents felt that their submissions on draft Environmental Impact

Statements were not sufficiently considered and that there should be a more robust approval process for

environmental assessments.

SUBMISSIONS REPORT 11

6. World Heritage Mission Feedback

A reactive monitoring mission was requested by the World Heritage Committee at its 35th session in June 2011

and undertaken jointly by the UNESCO World Heritage Centre and IUCN from 6 to 14 March 2012. Its

objectives were to assess the state of conservation of the Great Barrier Reef World Heritage Area and to

contribute to the strategic assessment process. Its final report Mission Report - Reactive Monitoring Mission to

Great Barrier Reef (Australia), 6 to 14 March 2012 includes a number of detailed comments on the methods for

and approach to the Strategic Assessment (Attachment 3). Many of the Mission’s comments reflected those of

other respondents, including the need for independent peer review. These have been taken into consideration

in finalising the Terms of Reference.

7. Recommendations

Based on the analysis of submissions it is proposed that:

A number of amendments be made to the Terms of Reference as described in Attachment 4.

Relevant comments and concerns be considered during preparation of the Strategic Assessment

Report.

All respondents be provided with this report and the final Terms of Reference.

All respondents be invited to comment on the draft Strategic Assessment Report and draft Program

Report.

12 Great Barrier Reef Region - Strategic Assessment

SUBMISSIONS REPORT 13

Attachment 1: Strategic Assessment Agreement

between the Authority and the Minister for

Sustainability, Environment, Water, Population and

Communities

14 Great Barrier Reef Region - Strategic Assessment

SUBMISSIONS REPORT 15

Attachment 2: Draft Terms of Reference

16 Great Barrier Reef Region - Strategic Assessment

Great Barrier Reef World Heritage Area and adjacent coastal zone strategic assessment -

Great Barrier Reef Marine Park AuthorityDraft Terms of Reference

- 1 – Draft Terms of Reference

GREAT BARRIER REEF WORLD HERITAGE AREA AND ADJACENT COASTAL ZONE STRATEGIC ASSESSMENT - GREAT BARRIER REEF MARINE PARK AUTHORITY

DRAFT TERMS OF REFERENCE 1. INTRODUCTION The Australian and Queensland Governments have agreed to undertake a comprehensive strategic assessment of the Great Barrier Reef World Heritage Area (GBRWHA) and the adjacent coastal zone. The Great Barrier Reef Marine Park Authority (GBRMPA) and the Minister for Sustainability, Environment, Water, Population and Communities have entered into an agreement1 dated 16 February 2012. These draft Terms of Reference are prepared in accordance with clause 5 of the agreement. Where terms used in these draft Terms of Reference have been defined in the agreement, those terms have the same meaning as in the agreement, unless specified otherwise. These draft Terms of Reference set out the requirements for the preparation of the Strategic Assessment Report as defined in clause 2.2 of the agreement which will assess the potential impacts on matters of national environmental significance (MNES) from the implementation of the GBRMPA management arrangements (the Program). The GBRMPA's strategic assessment forms one component of a comprehensive strategic assessment of the GBRWHA and adjacent coastal zone. A second strategic assessment led by the Queensland Government will assess the adequacy of the Queensland coastal management, planning and development framework in protecting and managing impacts of actions on the GBRWHA and other relevant MNES. The GBRMPA and the Queensland Government will work closely together to ensure a complementary approach is taken through the assessments. The draft Terms of Reference will be finalised after public consultation in accordance with the agreement. Both strategic assessments are being carried out under Part 10 of the EPBC Act. 2. TERMS OF REFERENCE The Strategic Assessment Report must be prepared with reference to the following:

2.1. The purpose and description of the Program including:

2.1.1. a description of the area in which the Program will be implemented;

2.1.2. the legislation, plans, policies and other materials that make up the Program, including Program commitments;

2.1.3. the State and regional context (environmental, social and economic) in which the Program operates;

1 The title of the agreement being Strategic assessment of the impacts of actions on the values of the Great Barrier Reef

World Heritage Area, other relevant matters of national environmental significance, and the management arrangements

to deal with such impacts under the jurisdiction of the Great Barrier Reef Marine Park Authority.

- 2 - Draft Terms of Reference

2.1.4. other relevant National, State or regional planning or management frameworks that affect the Program;

2.1.5. a description of how the Program identifies, protects and manages MNES;

2.1.6. identification of how long the Program will be in effect and the process for Program evaluation, monitoring and reporting;

2.1.7. identification of the relevant authorities responsible for the implementation of the Program.

2.2. MNES affected by the Program (the relevant MNES) including the following:

2.2.1. identification and description of the extent of the following relevant MNES within the strategic assessment area:

(a) World Heritage properties (sections 12 and 15A of the EPBC Act); (b) National Heritage places (sections 15B and 15C of the EPBC Act); (c) Wetlands of international importance (sections 16 and 17B of the EPBC

Act); (d) Listed threatened species and ecological communities (sections 18 and

18A of the EPBC Act); (e) Listed migratory species (sections 20 and 20A of the EPBC Act); (f) Commonwealth marine areas (sections 23 and 24A of the EPBC Act); and (g) The Great Barrier Reef Marine Park (sections 24B and 24C of the EPBC

Act);

2.2.2. a description of the key terrestrial, coastal, and marine biodiversity and heritage values together with supporting ecological processes considered critical to the functioning of the relevant MNES;

2.2.3. an analysis of the effectiveness of GBRMPA's framework for mapping relevant MNES and the methodology for spatially identifying areas of conservation significance;

2.2.4. a description of the current condition of relevant MNES, existing pressures on relevant MNES and trends consistent with the approach adopted in the Great Barrier Reef Outlook Report 2009;

2.2.5. provision of sufficient information to allow an understanding of the connectivity between relevant MNES;

2.2.6. identification of any key information gaps and further studies needed;

2.2.7. identification of any proposals or processes to address the critical information needs;

2.2.8. a description of the methodologies used for clauses 2.2.4 – 2.2.7 above.

2.3. Identification and analysis of the potential impacts, including cumulative impacts, on relevant MNES under the Program, including:

2.3.1. a description and analysis of the potential impacts on relevant MNES arising from planned and potential future development;

2.3.2. an assessment of whether any of the potential impacts will be:

(a) short, long term or permanent;

(b) local or regional in extent;

- 3 - Draft Terms of Reference

(c) discrete or cumulative; and

(d) exacerbated by the likely impacts of climate change;

2.3.3. an assessment of the scientific evidence of the potential impacts, including reference to technical and other information relied upon in identifying and assessing those impacts.

2.4. Measures to avoid, mitigate and offset likely impacts, including impacts of cumulative impacts on relevant MNES, including:

2.4.1. a description of how GBRMPA's management arrangements protect, manage and enhance MNES within the strategic assessment area. This must include discussion and analysis of:

(a) how impacts on relevant MNES are identified, avoided, mitigated and offset under the Program;

(b) the effectiveness of ongoing resourcing, intended monitoring, evaluation and compliance regimes;

(c) the extent to which cumulative impacts on relevant MNES are considered; (d) the extent to which measures to enhance relevant MNES, including

management of existing threats are considered; and (e) the circumstances where impacts on relevant MNES are likely to be

unacceptable.

2.5. Demonstration of the Program comprising a detailed analysis of the Program in one or more demonstration cases to test the effectiveness of the Program to protect relevant MNES at a local scale or regional scale.

2.6. Recommendations for changes to the Program including:

2.6.1. recommendations for changes to the Program if the analysis carried out in accordance with clause 2.5 identifies that relevant MNES are not adequately protected by the Program. This may include recommendations to:

(a) modify the GBRMPA management arrangements to ensure impacts, including cumulative impacts, on relevant MNES are avoided, mitigated or offset to an acceptable level;

(b) change related State or Commonwealth programs or policies; and (c) establish a program for further strategic assessments of specific areas

and plans, policies or programs.

2.7. Consideration of ecologically sustainable development principles including a description of how the principles of ecologically sustainable development have been applied in the Program.

2.8. Adaptive management and risk management, including:

2.8.1. identification of the key uncertainties and risks inherent in the decision making process and adaptive management measures to address these uncertainties and risks under the Program. Uncertainties may include knowledge gaps in scientific understanding and the timing, effectiveness, or capacity to implement, maintain, operate and enforce management measures;

- 4 - Draft Terms of Reference

2.8.2. a description of how the adaptive management strategies will be implemented under the Program to ensure relevant MNES are effectively protected over the life of the Program including:

(a) how the monitoring of MNES will occur, how the monitoring will be analysed throughout the life of the Program and how the results of the monitoring will influence the Program; and

(b) how new information relating to MNES or the Program is to be assessed and accounted for in management of the strategic assessment area.

2.9. Auditing and reporting requirements including:

2.9.1. a monitoring, review and public reporting process to ensure the implementation of the Program adequately protects relevant MNES;

2.9.2. the person/s being responsible for undertaking the monitoring, review, and reporting and for implementing the actions arising pursuant to clause 2.9.1.

2.10. Review, modification or abandonment of the Program including identification and analysis of the likely circumstances and procedures that may result in the review, modification or abandonment of the Program. This is to include a discussion on how any commitments under the Program will continue to be met under these circumstances.

3. ENDORSEMENT CRITERIA

When deciding whether to endorse the Program, the Minister must be satisfied that the Strategic Assessment Report adequately addresses the impacts to which this Agreement relates, and that any recommendations by the Minister to modify the Program have been responded to appropriately. In determining whether or not to endorse the Program, the Minister will have regard to the extent to which the Program meets the objects of the EPBC Act. In particular, that it:

protects the environment, especially those aspects of the environment that are MNES;

promotes ecologically sustainable development through the conservation and ecologically sustainable use of natural resources;

promotes the conservation of biodiversity;

provides for the protection and conservation of heritage;

promotes a cooperative approach to the protection and management of the environment; and

assists in the co-operative implementation of Australia’s international environmental responsibilities.

Without limiting the matters the Minister may consider when making the decision to endorse the Program, the Minister will consider the manner in which the Program:

identifies direct, indirect and cumulative impacts on MNES;

avoids impacts on MNES;

mitigates the impacts on MNES;

- 5 - Draft Terms of Reference

offsets the impacts on MNES;

contributes to the enhancement of the existing environment and management of existing threats; and

demonstrates adaption to reasonable climate change scenarios. Commitments in the Program must be adequately resourced throughout its life. The Program must demonstrate an effective system of adaptive management that addresses uncertainty and contingency management as well as procedures for monitoring, independent auditing and public reporting on implementation. The Program must address all of the above matters for it to be considered for endorsement by the Minister in accordance with the EPBC Act.

4. INFORMATION SOURCES

For information and data used in the strategic assessment, the Strategic Assessment Report must state:

4.1. The source of the information.

4.2. How recent the information is.

4.3. The reliability and limitations of the information.

SUBMISSIONS REPORT 17

Attachment 3: WHC/IUCN Mission

Recommendations relevant to the Strategic

Assessment

18 Great Barrier Reef Region - Strategic Assessment

Submissions Report – Attachment 3 1

WHC/IUCN Mission Recommendations relevant to

the Strategic Assessment

In March 2012 the Mission visited the Great Barrier Reef World Heritage Area. Based on the Mission's findings

a State of Conservation Report was prepared for consideration by the World Heritage Committee. This State of

Conservation Report recommended that the Strategic Assessment "should be completed in a coordinated and

fully consultative process, against a number of defined criteria for success, and considering the conclusions and

recommendations of the mission as set out in its Mission Report. More specifically, the assessment should

address fully the direct, indirect and cumulative impacts of developments on the reef and lead to concrete

measures for ensuring ecological, social and economic objectives for the property are met in a balanced

manner and with a net-benefit to the overall conservation of the OUV."

The Mission also prepared a more detailed report which included 14 recommendations. Many of these

recommendations relate to work being carried out as part of the Strategic Assessment. Recommendation five (5)

relates entirely to the conduct of the strategic assessment:

R5: Complete the Strategic Assessment and resulting long-term plan for the sustainable development of the

property for consideration by the World Heritage Committee at its 39th session in 2015. The assessment and

long-term plan should be completed in a coordinated and fully consultative process, against a number of

defined criteria for success, and considering the conclusions and recommendations of the mission as set out in

this report. Expectations of the Strategic Assessment include that it will lead to:

A long-term plan with agreed leadership at Federal and State levels, that addresses the entire property

and the adjacent areas where activities can affect the OUV of the property, and ensures that any

development that is approved results in an overall net benefit for the property;

Explicit incorporation of all elements that make up the OUV of the property, and in particular the long-

term conservation of the integrity of the property, into the decision making process regarding all

development and use that may negatively impact the property, both within the boundaries of the World

Heritage area and in areas adjacent to the property;

Improved effectiveness of the overall protection, planning and management of the OUV of the property

as a whole, and the catchments, and coastal and marine areas that are intimately linked to it, including

if necessary legal/statutory reforms to strengthen protection and management;

A clear and target-driven framework to support planning and assessment of development proposals to

protect OUV, and restore it where necessary, and to ensure resilience of the site, including the

consideration of cumulative impacts;

A clear analysis and related policies and strategies that will sustain long-term sustainable development,

compatible with the protection of OUV, including consideration of the all economic sectors, including

sustainable tourism and recreation and commercial fishing, as well as coastal development;

Spatial policies that will identify appropriate and limited locations and standards for coastal

development, and also identify areas that should not be subject to development, and which will provide

greater business certainty regarding development proposals and community confidence and

understanding of future development scenarios;

Increased public confidence in their ability to engage with and influence policy and development

decisions, including independent mechanisms to scrutinize and advise on the assessment of impacts of

development;

2 Great Barrier Reef Region Strategic Assessment

Support for new and enhanced policies and measures to regulate and manage shipping, and provide

appropriate emergency planning and response;

Appropriate systems to secure that, where development and use is permitted it will lead to net benefits

to the property as a whole, including from contributions from developers to mitigate impacts of

development;

Measures, such as legislative change to enhance compliance, that may increase the results achieved

from the funding available for management, and to also increase overall levels of funding where

required to provide for effective protection and management.

In addition, the mission report recommended the development of a fully integrated approach to the planning,

regulation and management of ports and shipping activity affecting the property, including via Shipping Policy

for the property, the proposed Ports Strategy of Queensland, and individual Port Plans, that will ensure that

ports and shipping activity does not negatively impact the OUV, including the integrity, of the property, and

meets the highest international standards in its planning, regulation, assessment and

operation.(Recommendation 13)

With respect to the process underway, the mission report stated that …Highly precautionary decision making

consistent with the recommendations of the mission is required until the Strategic Assessment is completed,

and its findings have been considered fully by the World Heritage Committee at its 39th session in 2015. The

mission considers that the development of new ports or other types of large infrastructure, ahead of addressing

demand through strategic planning and management within the existing port facilities would create a significant

and largely irreversible negative impact on the OUV of the property. The mission considers further that an

extension of the footprint of development outside of currently industrialized areas would clearly present a

significant threat to the OUV and integrity of the property. Such decisions would entirely pre-empt the Strategic

Assessment the State Party has committed to put in place, and thus undermine its effectiveness.

SUBMISSIONS REPORT 19

Attachment 4: Responses to Specific Matters

20 Great Barrier Reef Region - Strategic Assessment

1 Great Barrier Reef Region - Strategic Assessment

Responses to Specific Matters

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

1. Introduction

Describe the purpose of the Strategic

Assessment.

Describe the desired outcomes of the process.

Now defined. Refer Introduction

Define the Strategic Assessment deliverables and clarify the relationship between the Program Report and the Strategic Assessment Report.

Now defined. Refer Introduction

The Australian and Queensland Governments have agreed to undertake a comprehensive strategic assessment of the Great Barrier Reef World Heritage Area (GBRWHA) and the adjacent coastal zone.

Define geographical scope of the Strategic

Assessment using text and/or a map.

Consider adjacent areas where actions have an

impact on the GBRMP.

Include upstream and downstream activities, not

just WHA boundary to reflect the

interconnectedness of ecosystems.

Extend the area to the full length of Queensland

coastline (e.g. incorporating Fraser Island WHA).

As determined in the Agreement, the scope of the Strategic Assessment is defined by both geographic area and the management arrangements within the Authority's jurisdiction. Areas outside the Region will be considered to the extent that actions in those areas may affect that Region. A map of the Great Barrier Reef Region has been included (Map 1) Assessment of other areas (e.g. Fraser Is) is outside the scope of the Agreement.

Refer Introduction and section 2.1

Submissions Report - Attachment 4 2

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

The Great Barrier Reef Marine Park Authority (GBRMPA) and the Minister for Sustainability, Environment, Water, Population and Communities have entered into an agreement dated 16 February 2012.

Attach or incorporate the agreement to provide details on the issues and arrangement.

Agreed. Refer Attachment 1

These draft Terms of Reference set out the requirements for the preparation of the Strategic Assessment Report as defined in clause 2.2 of the agreement which will assess the potential impacts on matters of national environmental significance (MNES) from the implementation of the GBRMPA management arrangements (the Program).

Assess potential impacts on the Outstanding Universal Value of the Great Barrier Reef World Heritage Area, rather than just the term Matters of National Environmental Significance (MNES).

Matters of National Environmental Significance include the Great Barrier Reef's World Heritage Outstanding Universal Values. There will be explicit consideration of matters relating to the Outstanding Universal Value of the GBRWHA in the Strategic Assessment.

References to Outstanding Universal Value included throughout the proposed Terms of Reference

Relationship to the UNESCO request and/or ability to meet UNESCO request.

Refer to comments in Section 6 of the Submissions Report. The decision of the World Heritage Committee at its 36

th meeting and monitoring

mission recommendations have been taken into consideration in finalising the proposed ToR.

Refer Attachment 3 of the Submissions Report

Assess impacts to environmentally valuable areas and processes that underpin MNES.

The Strategic Assessment will identify key values and attributes which underpin MNES and ecosystem processes critical to the functioning of MNES.

Refer section 2.1

3 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

Evaluate impacts from all activities (development, infrastructure, mining, fishing, tourism, shipping, ports, agriculture, etc.).

The Strategic Assessment will assess actual and potential impacts from past, present and future activities.

Refer section 3

Narrow scope, prioritise highest risks.

Scope defined in Introduction. Uncertainty and risk are addressed in proposed ToR.

Refer Introduction and sections 4.1 and 5

Evaluate how effective GBRMPA is at managing impacts, not impacts from implementation of the Program.

Identification of impacts on MNES is a prerequisite for assessing the effectiveness of the Program.

Refer sections 3 and 4

Address concern that Strategic Assessment will replace the need for project-by-project review under EPBC Act and "fast-track" or "streamline" process for developers.

The aim of the strategic assessment to examine the effectiveness of management arrangements to protect and matter MNES and recommend improvements.

Refer Introduction

Combine or better coordinate the two Terms of References and/or SAs. Provide more detail about coordination methods.

Ensure Queensland and GBRMPA are both addressing cross-cutting issues (e.g. fishing).

Include a commitment that governments show integrity and work together to protect the environment for future generations to enjoy.

Separate Terms of References and strategic assessments are required under the EPBC Act. The Authority will work in close consultation and collaboration with the Queensland Government, the Australian Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC) and other relevant Australian Government agencies.

Refer to Introduction and section 7

Identify key stakeholders.

Consult industry and stakeholders that are impacted by issues at the coastal-marine interface.

The Authority will engage stakeholders and the community throughout the Strategic Assessment process using its network of advisory committees together with regional and issue-based meetings.

Introduction and section 7

Submissions Report - Attachment 4 4

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

Deliver long-term certainty about the type of sustainable development opportunities that will continue to be provided within the region into the future.

The Strategic Assessment will assess the effectiveness of the Program to provide certainty on where uses may occur, the types of activities allowed and the conditions under which activities may proceed, and recommend improvements accordingly.

Refer Introduction, sections 4 and 5

The GBRMPA and the Queensland Government will work closely together to ensure a complementary approach is taken through the assessments.

Engage stakeholders through other mechanisms rather than just commenting on draft documents.

RACs and other committees established under EPBC Act should be continuously involved.

The Authority will engage stakeholders and the community throughout the Strategic Assessment process using the Authority’s network of advisory committees together with regional and issue-based meetings.

Refer Introduction and section 7

Create mechanism for interested parties to receive email updates.

The Authority will consider appropriate mechanisms and timing for stakeholder engagement to ensure that adequate public consultation is made, including use of its e-newsletter to provide updates.

Refer Introduction and section 7

All documents, including minutes of meetings, reports, studies, submissions should be regularly published on the Queensland Government website.

Information used to inform the Strategic Assessment will be made publicly available.

Refer section 7

5 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

The draft Terms of Reference will be finalized after public consultation in accordance with the agreement

Provide for early and frequent public input and 60-day public review period of draft SA.

The Authority will consider appropriate mechanisms and timing for stakeholder engagement. The Authority supports a consultation period of no less than 60 days on the draft Strategic Assessment and Program Reports, noting that the period for public consultation will be determined by the Minister for Sustainability, Environment, Water, Population and Communities (the Minister).

Refer Introduction and section 7

The consultation process with Indigenous parties needs to be properly designed and structured to be culturally appropriate to traditional negotiations.

The Authority will consider appropriate mechanisms and timing for engagement with Indigenous persons.

Refer Introduction and section 7

Define timeline for completion of Strategic Assessment.

Some concerns that process is too long and won't be complete in time to inform current proposals.

Others concerned that process is too short to adequately assess cumulative impacts for such a large and complex system.

Suggestion to accelerate assessment of high-risk issues.

Timeframes for the Strategic Assessment are now included in the Introduction.

Refer Introduction

Available resources (funding and staff) to implement Strategic Assessment and Program.

The Strategic Assessment requires commitments under the Program to be adequately resourced throughout its life.

Refer section 4 and Endorsement Criteria (section 8)

Submissions Report - Attachment 4 6

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

Both strategic assessments are being carried out under Part 10 of the EPBC Act.

Concerns that EPBC is not the right mechanism for undertaking the Strategic Assessment because it is focused on MNES not OUV.

Strategic assessments are usually done prior to large-scale development, not during the development approval processes, and/or other have been much smaller in scale and less complicated previously.

Undertaking a strategic assessment in accordance with the EPBC Act provides a clear and transparent process for all parties and the opportunity for outcomes to be formalised in statute.

Scope and process addressed in Introduction

2. Terms of Reference

2.1 The purpose and description of the Program including:

The purpose and desired outcome(s) of the strategic assessment be clearly set out.

Specified in the proposed ToR. Refer Introduction

How the program addresses the World Heritage Committee Decision 35 COM 7B.10 (“the Decision”).

Will be addressed under 'international' context. Also refer to Attachment 3 of the Submissions Report.

Refer section 1

A description of the area in which the Program will be implemented

Include maps of the area. Agreed. A map is included in the proposed ToR.

Refer Introduction

A list of all planned and future developments in the Program area that could impact on MNES, including all proposals undergoing the approvals and assessments process under the EPBC Act and the State Development and Public Works Organisation Act 1971.

Relevant classes of development activities within the scope of the Program will be described. Actual and potential impacts from past, present and future activities will be described.

Refer sections 1 and 3

7 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

The legislation, plans, policies, and other materials that make up the Program, including Program commitments;

Clarify if this includes other authorities

Add other relevant laws, policies, programs, and projects that affect the GBRWHA and relevant MNES.

The Program is restricted to management arrangements under the Authority's jurisdiction. The Strategic Assessment Report and Program Report will also describe other relevant national, state, regional and local management frameworks.

Refer section 1

Should focus on implementation of management framework, not just plans and policies.

Examine adequacy of these frameworks for protecting MNES.

Current management arrangements, including the adequacy of monitoring, compliance and enforcement programs will be assessed in addition to plans and policies. Impacts on MNES and the capacity for management arrangements to protect MNES will be addressed.

Refer sections 4 and 6

Recommended improvements to existing local state and national legislation, plans, policies and programs where they are identified as failing to protect MNES in the Program area.

Reform new local, state and national legislation policies programs and processes to ensure that MNES are fully protected from future development activities within the Program area.

The Strategic Assessment Report will recommend improvements to management arrangements under the Authority's jurisdiction, and improvements to related local, state and national government programs. The Program Report will only deal with management arrangements under the Authority's jurisdiction.

Refer to Introduction and sections 4 and 6

Add "a description of the limit of jurisdictional, legislative, policy, or planning scope of the Program, with regard to matters that could impact or be drivers of impacts on MNES and OUV in GBRWHA."

Scope of assessment is defined in the Strategic Assessment Agreement. Environmental, social, cultural and economic drivers will be described.

Refer sections 1 and 3

Submissions Report - Attachment 4 8

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

The State and regional context (environmental, social, and economic) in which the Program operates;

Activities outside Strategic Assessment area that influence MNES inside WHA should be considered.

The Strategic Assessment area is the Great Barrier Reef Region and areas outside that Region to the extent that actions in those areas may affect that Region (including MNES).

Refer section 1

Including existing, planned and potential future developments.

The Strategic Assessment will look at actual and potential impacts from past, present and future activities.

Refer section 3

Include both direct and indirect social, economic, and socio-economic issues including: - costs and benefits - income and expenditure - public, private and /or sectoral interests - monetary and non-monetary values.

Environmental, social, cultural and economic drivers will be described. The effectiveness of the Program to consider environmental, social, cultural and economic issues will be examined.

Refer sections 3, 4 and 6

Mention of social and economic factors should be included elsewhere in document where relevant.

Refer above. Refer sections 3, 4, and 6

Other relevant National, State, or regional planning or management frameworks that affect the Program;

Add policy, legislative. Policies and legislation will be described as part of the management framework.

Refer section 1

Include international requirements. Included in proposed ToR. Refer section 1

9 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

A description of how the Program identifies, protects, and manages MNES;

How will planned and potential future developments be made compliant with the results of the SA.

Recommendations of the Strategic Assessment will be reflected in Program Report. If endorsed by the Minister these outcomes will be given effect through the implementation of the Program (this includes legislative and non-legislative instruments). Monitoring, compliance and enforcement is considered in the assessment process, together with adaptive management.

Refer Introduction

Not just MNES but other environmental values that impact MNES.

Values and attributes that underpin MNES will be described.

Refer section 2

Add "gaps in the management authority of the Program, and recommendations for changes or additions in terms of the management authority of GBRMPA in order to better address current and future impacts on MNES in the GBRWHA."

Gaps will be addressed as part of the Strategic Assessment.

Refer sections 4 and 6

Add ‘and the role of other relevant policy, legislative, planning or management frameworks’.

Included in the Strategic Assessment. Refer sections 1 and 6

Showcase good results. Will be addressed as part of the effectiveness of the current management program and in demonstration cases.

Refer section 4

Set benchmarks, targets, BMPs for protecting and managing MNES.

World Heritage values, will be benchmarked against the Retrospective Statement of Outstanding Universal Value. Objectives and, where appropriate, targets will be set to inform the strategic assessment. Best environmental practices will be addressed.

Refer sections 2, 4 and 6

Submissions Report - Attachment 4 10

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

Identification of how long the Program will be in effect ...

Indicate the life of the Program. The life of the Program is 25 years. Refer section 1

...and the process for Program evaluation, monitoring, and reporting;

Use external expertise, peer-review, and stakeholder involvement as GBRMPA cannot independently self-evaluate.

Agreed. Independent expertise will be engaged to assess management effectiveness. The strategic assessment report will be peer reviewed and stakeholders will be engaged throughout the process.

Refer Introduction and section 7

Make full use of all available data, including ambient monitoring data and environmental impact studies.

Best available information, including monitoring data will be examined as part of the Strategic Assessment.

Refer Introduction and section 7

Identification of the relevant authorities responsible for the implementation of the Program.

Clarify relevant authorities e.g. UNESCO. Relevant authorities will be identified in the Strategic Assessment Report and Program Report.

No changes proposed

2.2 MNES affected by the Program (the relevant MNES) including the following:

Revised to “affected by current and future pressures that are of a negative or degrading nature particularly those arising from increases in infrastructure, development, and maritime transport, and which occur or have an ecological or functional connection to MNES".

The Strategic Assessment will identify actual and potential impacts arising from past, present and future activities on MNES.

Refer sections 3 and 4

Identification and description of the extent of the following relevant MNES within the strategic assessment area:

Define MNES in attachment to Terms of Reference.

MNES are defined in the EPBC Act and listed in Section 2.1. They will be described as part of the Strategic Assessment Report.

No changes proposed

Critical habitats associated with MNES species e.g. seagrasses.

Attributes which underpin MNES, including habitats will be included in the Strategic Assessment.

Refer section 2

11 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

World Heritage properties (sections 12 and 15A of the EPBC Act).

Describe the extent of the OUV within the strategic assessment area and consider beauty and aesthetics.

OUV will be explicitly considered as part of the Strategic Assessment.

Refer section 2

Listed threatened species and ecological communities (sections 18 and 18A of the EPBC Act).

Listed marine species and other iconic species. Listed marine species will be included in this section. Iconic species will be dealt with under the Great Barrier Reef Marine Park MNES.

No changes proposed

The Great Barrier Reef Marine Park (sections 24B and 24C of the EPBC Act).

Include islands within GBRMP. Commonwealth islands form part of the GBRMP. All islands are included in the GBR World Heritage Area.

No changes proposed

A description of the key terrestrial, coastal, and marine biodiversity and heritage values together with supporting ecological processes considered critical to the functioning of the relevant MNES.

Include MNES that are inter-related but outside Strategic Assessment area.

The Strategic Assessment will look at MNES in the Great Barrier Reef Region. It will also look at matters outside the Great Barrier Reef Region to the extent that they affect MNES within that Region.

No changes proposed

How these values and processes will be protected and enhanced under the Program.

Addressed in following sections. Refer section 4

An analysis of the effectiveness of GBRMPA's framework for mapping relevant MNES and the methodology for spatially identifying areas of conservation significance.

Use external expertise, peer-review, and stakeholder involvement.

GBRMPA will engage independent expertise to assess the effectiveness of its Program and the Strategic Assessment Report will be peer reviewed. Stakeholders, including those with expert knowledge on values and impacts, will be engaged throughout the assessment process.

Refer Introduction and section 7

Submissions Report - Attachment 4 12

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

A description of the current condition of relevant MNES, existing pressures on relevant MNES and trends consistent with the approach adopted in the Great Barrier Reef Outlook Report 2009.

Identification of conservation and management targets for MNES and the OUV.

Management objectives relating to the protection of MNES, and where appropriate targets, will be set.

Refer sections 2, 4 and 6

Include greater focus on baseline conditions; use historical baseline, not current status.

Historical data will be used to inform the Strategic Assessment where available. Key indicators of the current condition of the GBRWHA's Outstanding Universal Value will be benchmarked against the Retrospective Statement of Outstanding Universal Value which describes the property’s condition in 1981. A key focus will be on trends in condition of values and attributes underpinning MNES.

Refer section 2

Describe current status with regard to WHA criteria.

Agreed. Refer section 2

Include an analysis of the degree to which current condition is the result of the legacy of land use change and poor management practices implemented since European settlement.

The Strategic Assessment will look at actual and potential impacts of past, present and future activities.

No changes proposed

Source data should be made publicly available. Agreed. Refer section 7

Provision of sufficient information to allow an understanding of the connectivity between relevant MNES.

Consider connectivity of MNES and analyse holistically.

An ecosystem based approach will be used to examine connectivity.

No changes proposed

Identification of any key information gaps and further studies needed.

Adhere to precautionary principle. Included in the principles of ESD. Refer section 6

13 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

2.3 Identification and analysis of the potential impacts, including cumulative impacts, on relevant MNES under the Program:

Assess existing development and areas identified for coastal developments (based on applications already received or forecasted development applications)

Relate to historical use of the area.

The Strategic Assessment will look at existing activities (past and present) and future activities based on areas available for development under the current management framework, including the types or classes of activities which could potentially be permitted.

Refer sections 3 and 4

A description and analysis of the potential impacts on relevant MNES arising from planned and potential future development.

Include development proposals currently under assessment process of the EPBC Act and the State Development and Public Works Organization Act 1971.

Refer response above. Refer sections 3 and 4

Consider activities regardless of where it is occurring if it impacts within GBRWHA (regardless of source, type, or cause, including mining, dams, ports, urban development, fishing, tourism, commercial shipping, agriculture, climate change, growing human population).

Actual and potential impacts on MNES from past, present and future activities will be assessed. The Strategic Assessment area covers the Great Barrier Reef Region and areas outside that Region to the extent that they affect that Region.

Refer sections 3 and 4

Consider all impacts of activities of the above activities.

Refer response above. Cumulative impacts will be considered.

Refer sections 3 and 4

Consult proponents of development to identify, describe, and analyse development impacts.

The Strategic Assessment will examine the effectiveness of the Authority's management arrangements to identify, describe and analyse impacts from a range of sources including development activities. Stakeholders, including proponents, will be consulted as part of the process.

Refer Introduction and section 7

Submissions Report - Attachment 4 14

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

Methods: - a comprehensive assessment would need to

include modeling and risk assessment studies. - define methods for assessment in final Terms

of Reference - include modeling.

The Strategic Assessment will utilise a range of methods and approaches, building upon approaches used in the Great Barrier Reef Outlook Report 2009. This includes an assessment of overall risk.

Refer Introduction and sections 5 and 7

An assessment of whether any of the potential impacts will be:

Assess impacts to environmentally valuable areas and processes that underpin MNES.

The Strategic Assessment will identify values and attributes which underpin MNES including bioregions and habitats.

No changes proposed

Short, long term, or permanent.

Local or regional in extent.

Consider temporal and spatial scale of all impacts from activities that that are likely to have an impact on MNES in the Region. - define timeframes - include "global" - list assessment criteria.

Temporal and spatial scale will be examined. Timeframes will be defined. International context will be described. Endorsement criteria are specified.

Refer sections 1, 3 and 8

Discrete or cumulative. Cumulative impact analysis should consider existing development impacts / safety records and consult industry.

The Strategic Assessment will examine the cumulative impacts of development activities and risk. Stakeholders, including industry representatives, will be consulted as part of the Strategic Assessment process.

Refer sections 3 and 7

Define methodology.

Produce framework for assessing cumulative impacts.

Refer to industry-sponsored cumulative impact analysis.

Assessment methods will be defined, including the framework to assess cumulative impacts.

Refer section 7

Exacerbated by the likely impacts of climate change;

Assessment of climate change, acidification, sea surface temperature rise impacts and trends.

Will be addressed as part of the likely impacts of climate change.

Refer section 3

15 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

2.4 Measures to avoid, mitigate and offset likely impacts, including impacts of cumulative impacts on relevant MNES, including:

A description of how GBRMPA's management arrangements protect, manage, and enhance MNES within the strategic assessment area. This must include discussion and analysis of:

Be consistent with those listed in Outlook Report 2009 including Threat Abatement Plans, Recovery Plans, Zoning Plans, Management Plans, Permit Assessments, Site Management, Special Management Areas, Dugong Protected Areas, GBRMPA Zoning Plan 2003.

The Strategic Assessment will build on approaches used in the Outlook Report 2009. It will provide an overview of both statutory and non-statutory management measures and make recommendations to improve its effectiveness to deliver Program objectives.

Refer sections 1 and 6

How impacts on relevant MNES are identified, avoided, mitigated, and offset under the Program.

Reword to emphasise avoidance.

Explicitly state minimizes impacts.

Only use offsets as a last resort; prevention of impacts is priority.

Establish a very low ceiling for offsets.

Offsets are not tracked well - offset from one project is subject of another.

The principles of avoid, mitigate, offset and adaptively manage are drawn from the DSEWPaC's Guide to Strategic Assessments and are hierarchical in their application. The Strategic Assessment and Program Reports will make explicit that offsets are only to be used in situations where impacts cannot be first avoided or mitigated. The Strategic Assessment will examine the effectiveness of the current approach to determining and managing offsets and may make recommendations for improvements.

Refer sections 4 and 6

Submissions Report - Attachment 4 16

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

Identify conservation and management targets for WHA values and processes.

Provide guidance on suitable framework for determining thresholds and caps, e.g. for shipping movements.

Conduct cost-benefit analyses of proposed developments.

Determine footprints for development including where development should occur and best practice standards.

Provide guidance on whether it is better to have more, smaller ports, or fewer, larger ports.

Measures to establish condition, track trends in condition and monitor management effectiveness will be examined as part of the Strategic Assessment. Measures to provide greater certainty on where uses should occur, the types of activities allowed and conditions under which classes of activities may proceed will be examined as part of the Strategic Assessment.

Refer sections 2, 3 and 4

Include "all relevant agencies" not just GBRMPA. Under the Strategic Assessment the Authority can only assess the effectiveness of its management arrangements; however it will do so in the context of related local, state and national government programs.

Refer sections 1, 4 and 6

Use external expertise, peer-review, and stakeholder involvement as GBRMPA cannot independently self-evaluate.

The Authority will commission an independent review of its management effectiveness. The Strategic Assessment Report will be peer reviewed and stakeholders will be engaged throughout the process.

Refer Introduction and section 7

The effectiveness of ongoing resourcing, intended monitoring, evaluation, and compliance regimes; The extent to which cumulative impacts on relevant MNES are considered.

Change from intended to actual monitoring. The Strategic Assessment will look at existing monitoring programs as part of the examination of management effectiveness.

Refer section 4

17 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

The extent to which measures to enhance relevant MNES, including management of existing threats are considered.

An analysis, using case studies, of attempts to compensate for impacts to MNES through offsets, including how effective the offset was, how well protected the area selected as an offset has been, how often offsets have been adopted in the assessment and approvals process since its incorporation into the EPBC Act, and whether the impacts which were offset could have been avoided or mitigated.

Arrangements for offsetting will be examined as part of the Strategic Assessment. Demonstration cases are yet to be determined; however criteria for demonstration cases have been included.

Refer section 4

Add "to mitigate impacts to MNES, based on case studies that investigate and assess, the impact to the MNES and whether the offset was effectively achieved and whether more appropriate options should have been considered".

Refer comment above. Refer section 4

The predicted effectiveness of the proposed measures and actions. Claims regarding effectiveness of measures and actions must be justified, including a description of the methodology used to formulate these predictions/confidence limits.

Methods will be described. Reliability and limitations of the assessment will be documented.

Refer section 7

The circumstances where impacts on relevant MNES are likely to be unacceptable.

Add locations.

Identify and map go/no-go areas.

Spatial and non-spatial approaches will be employed to examine circumstances where impacts are likely to be unacceptable.

Refer section 4

Public access to justice; to ascertain if individuals and NGOs can safely and inexpensively challenge government decisions on development proposals and other management decisions.

For consideration in the assessment process. Note – Under the scope of the Strategic Assessment, the Authority can only consider the effectiveness of its management arrangements.

No changes proposed

Submissions Report - Attachment 4 18

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

2.5 Demonstration of the Program comprising a detailed analysis of the Program in one or more demonstration cases to test the effectiveness of the Program to protect relevant MNES at a local scale or regional scale.

Criteria for selection of demonstration cases: - A good mix of industries and regions - Select a case for each type of MNES - Where GBRMPA works with Queensland to

show bilateral effectiveness - Worst-case scenarios, not ideal scenarios,

and include commonplace matters such as higher delegate decision making, interference from other legislative and political processes, and cross-ministerial interference

- Analysis and comparison of Projects of State Significance approved within the Project area

- Western Basin Dredging and Disposal project, Broadsound, Shoalwater, Capricorn coast and Fitzroy River Delta

Criteria for demonstration cases included in the proposed ToR.

Refer section 4

2.6 Recommendations for changes to the Program including: Recommendations for changes to the Program if the analysis carried out in accordance with clause 2.5 identifies that relevant MNES are not adequately protected by the Program.

Include explicit reference to potential regulatory and legislative changes.

Reference to the term 'Program' includes both statutory instruments and non-statutory mechanisms. This has been made explicit in the Terms of Reference.

Refer section 4.1.2

This may include recommendations to:

Modify the GBRMPA management arrangements to ensure impacts, including cumulative impacts, on relevant MNES are avoided, mitigated or offset to an acceptable level.

Set limits and constraints for development, both spatially and by defining best practice standards.

Identify zones of high and low development impact.

Spatial and non-spatial approaches will be employed to examine values and pressures including circumstances where impacts are likely to be unacceptable. Consideration will be given to best practice standards in examining the effectiveness of the Program to avoid, mitigate, offset and adaptively manage impacts.

Refer sections 2, 3 and 4

19 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

Change related State or Commonwealth programs or policies.

Add "recommend improvements to existing local, State, or national legislation, plans, policies, and programs".

Included in recommendations. Refer section 6

Add "Reform new local, state, and national legislation policies, programs, and processes to ensure that MNES are fully protected from future development activities within the Program area".

Consider creating GBRWHA Act modeled after Wet Tropics Protection and Management Act 1993.

The Strategic Assessment will focus on the management arrangements under the jurisdiction of the Authority. The Strategic Assessment will look at relevant case study examples for the protection of MNES, including Wet Tropics legislation and policies.

Refer Introduction, sections 1 and 6

2.7 Consideration of ecologically sustainable development principles including a description of how the principles of ecologically sustainable development have been applied in the Program.

List ESD principles in Terms of Reference or refer to EPBC Act.

ESD principles now included. Refer section 6

Submissions Report - Attachment 4 20

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

2.8 Adaptive management and risk management, including: Identification of the key uncertainties and risks inherent in the decision making process and adaptive management measures to address these uncertainties and risks under the Program. Uncertainties may include knowledge gaps in scientific understanding and the timing, effectiveness, or capacity to implement, maintain, operate and enforce management measures.

Use adaptive management as last resort.

Include other knowledge gaps: cumulative impacts, carrying capacities, optimal populations and critical habitats.

Identify appropriate triggers and responses.

Describe and assess how uncertainties associated with defining the scale and extent of direct, indirect and cumulative impacts to MNES will be managed in order to generate confidence that all consequences have been duly considered.

Describe how objectives of GBRMPA Strategic Plan 1994-2019 are achieved.

Advice will be considered in the Strategic Assessment.

Refer sections 6 and 7

A description of how the adaptive management strategies will be implemented under the Program to ensure relevant MNES are effectively protected over the life of the Program including:

How the monitoring of MNES will occur, how the monitoring will be analysed throughout the life of the Program and how the results of the monitoring will influence the Program.

Detail how adaptive management strategies comply with the precautionary principle, apply to ongoing actions, and the legal basis for enforcing adapted management processes.

Advice will be considered in the Strategic Assessment.

Refer section 6

21 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

2.9 Auditing and reporting requirements including:

A monitoring, review, and public reporting process to ensure the implementation of the Program adequately protects relevant MNES.

Develop benchmarks and baseline scenarios.

Benchmarks and baseline data based on best estimates of pristine state and abundance.

Historical data will be used to inform the condition and trend of MNES. Objectives and, where appropriate, targets will be set to benchmark management performance.

Refer sections 2, 3 and 4

The person/s being responsible for undertaking the monitoring, review, and reporting and for implementing the actions arising pursuant to clause 2.9.1.

Change "person" to "parties". Agreed. Refer section 6

Consider: - Time frames for the monitoring, review and

reporting detailed in the Program and after the Program concludes

- A report on:·Program evaluation processes; Community engagement strategy;· Public and third party access to data;· Compliance regime

- Annual updates and audit on achievement of objectives and on level of risk posed by individual impacts, level of risk posed by causes of impacts on MNES, and how these changes influences the commitments and objectives of the Program.

Advice will be considered in the Strategic Assessment.

Refer section 6

Submissions Report - Attachment 4 22

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

2.10 Review, modification or abandonment of the Program including identification and analysis of the likely circumstances and procedures that may result in the review, modification or abandonment of the Program. This is to include a discussion on how any commitments under the Program will continue to be met under these circumstances.

Change to "the report must identify and analyse the likely circumstances and procedures that may result in the review, modification, or abandonment of the Program".

Review, modify, abandon activities that impact MNES.

The statement is written such that 'analysis of the likely circumstances and procedures' will occur along with any other relevant matters. No changes proposed.

Refer section 6

3. Endorsement Criteria

When deciding whether to endorse the Program, the Minister must be satisfied that the Strategic Assessment Report adequately addresses the impacts to which this Agreement relates, and that any recommendations by the Minister to modify the Program have been responded to appropriately.

Endorse Strategic Assessment Report, not Program.

The Minister must be satisfied that both the Strategic Assessment Report and Program Report adequately address the impacts of actions on MNES and the Program provides for adequate protection of MNES. On that basis the Minister may endorse the Program.

Refer section 8. Also Refer EPBC Act and Strategic Assessment Agreement between the Authority and Minister for Sustainability, Environment, Water, Population and Communities dated 16 February 2012

23 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

In determining whether or not to endorse the Program, the Minister will have regard to the extent to which the Program meets the objects of the EPBC Act. In particular, that it:

Promotes ecologically sustainable development through the conservation and ecologically sustainable use of natural resources;

Add social and economic matters under the principles of ESD.

Wording is taken from the objects of the EPBC Act.

Refer section 8

Regard to be given to the provision and implementation (not just promotion) of ESD.

Wording is taken from the objects of the EPBC Act.

Refer section 8

Without limiting the matters the Minister may consider when making the decision to endorse the Program, the Minister will consider the manner in which the Program:

Demonstrates adaptation to reasonable climate change scenarios.

Describe and assess the effects of climate change on the GBRMP and other long term influences on the potential impacts.

The likely impacts of climate change on the matters of national environmental significance, including the Great Barrier Reef Marine Park, will be addressed.

Refer section 3

Submissions Report - Attachment 4 24

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

The Program must demonstrate an effective system of adaptive management that addresses uncertainty and contingency management as well as procedures for monitoring, independent auditing and public reporting on implementation.

Add: - protects and enhances the OUVs of the Reef - has utilised best available science, has

identified knowledge and understanding gaps - is endorsed by stakeholders, traditional

owners, and other relevant parties - has established baseline scenarios and

benchmarks - takes an integrated and holistic approach to

addressing the causes and effects of impacts to MNES and OUV or the reef

- considers a broad range of climate change scenarios

- introduces a range of climate change mitigation and adaptation measures,

- achieves the objectives of the 1994-2019 GBRWHA Strategy.

The endorsement criteria require the Minister to consider the extent to which the Program protects matters of national environmental significance which includes the Great Barrier Reef World Heritage Area’s Outstanding Universal Value. Actual and potential impacts on OUV will be addressed and the current condition of key indicators of OUV will be benchmarked against the Retrospective Statement of OUV which describes the state of the GBRWHA in 1981. Traditional Owners, stakeholders and broader community will be engaged in the process. The Strategic Assessment Report will document how views and comments were taken into account in the preparation of the Report.

Refer sections 2, 3, 4, 5, 6 and 7

The impact on the customary use of natural resources by Aboriginal people should also be included among these criteria.

Impacts on use will be considered as part of the Strategic Assessment Report.

Refer section 3, 6 and 7

Should reflect wishes of stakeholders based on information and scenarios that have been clearly identified.

Stakeholders will be engaged throughout the process and the Strategic Assessment Report will document how views and comments were taken into account in the preparation of that Report.

Refer section 7

The Program must address all of the above matters for it to be considered for endorsement by the Minister in accordance with the EPBC Act

Add "and the requirements of the UNESCO World Heritage Committee Decision - 35COM 7B.10 - Great Barrier Reef (Australia) (N 154)”.

The decisions of the World Heritage Committee at its 35

th and 36

th meetings have

been taken into consideration in finalising the ToR.

Refer section 6 and Attachment 3 of the Submissions Report

25 Great Barrier Reef Region - Strategic Assessment

Draft Terms of Reference Section/Clause

Summary of Stakeholder Input on Draft Terms of Reference

Response Outcome in Proposed Terms of Reference

4. Information Sources For information and data used in the strategic assessment, the Strategic Assessment Report must state:

The reliability and limitations of the information.

Information must be presented in a clear and unbiased manner.

The source of information, reliability and limitations of the assessment will be documented.

Refer section 7

Concern that GBRMPA cannot assess itself; conflict of interest; suggestions to use external expertise, peer-review, and stakeholder involvement.

Conduct the assessment in an open and transparent manner.

The Authority will commission an independent review of its management effectiveness. The Strategic Assessment Report will be peer reviewed and stakeholders will be engaged throughout the process.

Refer Introduction and section 7

Submissions Report - Attachment 4 26

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