Nigel Scullion (NT, Country Liberal Party, Minister for Community Services) Share this | Link to this | Hansard source

I present 10 government responses to committee reports as listed on today’s Order of Business. In accordance with the usual practice, I seek leave to incorporate the documents in Hansard.

Leave granted.

The documents read as follows—

Australian Government Response

Senate Environment, Communications, Information Technology and the Arts References Committee

Senate Committee Report

Turning back the tide – the invasive species challenge

Report on the regulation, control and management of invasive species and the Environment Protection and Biodiversity Conservation Amendment (Invasive Species) Bill 2002.

Australian Government response to the Senate Committee Report

By the Environment, Communications, Information Technology and the Arts References Committee:

Turning back the tide – the invasive species challenge

Recommendation 1

The Committee recommends that the Commonwealth Government strengthen its leadership role in the national effort to combat invasive species by developing a robust national framework, in consultation with state, territory and local governments, to regulate, control and manage invasive species. [see paragraph 8.12]

The Australian Government agrees with Recommendation 1.

The Australian Government submitted a paper and recommendations on invasive species to the April 2004 meeting of the Natural Resource Management Ministerial Council. Council agreed on the need

“…to develop a robust national framework for a co-ordinated and strategic approach to preventing significant new invasive species establishing in Australia, and to reducing the impacts of major pests and weeds already present.”

A Task Group, comprising senior representatives from all jurisdictions, the Natural Resource Management and Primary Industries Standing Committees and the Commonwealth Scientific and Industrial Research Organisation (CSIRO), was established under the Council and charged with investigating options to establish such a framework.  The Task Group’s recommendations were considered by the Natural Resource Management and Primary Industries Ministerial Councils in October 2005.  The Councils agreed that further development of a comprehensive national approach to managing biosecurity risks for primary production and the environment would be progressed by a joint Natural Resource Management and Primary Industries Standing Committee Steering Group.  The recommendations from the Invasive Species Task Group, and work undertaken by the Primary Industries Standing Committee in the development of a National Biosecurity Strategy, are forming the basis for the ongoing policy enhancement process.

The work of the joint Steering Group to enhance the Australian Biosecurity System for Primary Production and the Environment (AusBIOSEC) has two key elements.  The first is bringing together all biosecurity-related activities being undertaken by the Australian Government, states and territories, industry, landholders and other key stakeholders to achieve an integrated and collaborative national system.  The second is drawing on existing arrangements for primary industry to establish more formal biosecurity measures for invasive species that have predominantly environmental or social impacts.

The Australian Government is also leading the development and implementation of an integrated national system for invasive marine pests.  Through participation in the National Introduced Marine Pest Coordination Group, relevant Australian Government agencies are working with state and territory government agencies in collaboration with industry stakeholders, the marine science research community and representatives of conservation groups.

The Australian Government’s response to the report by the Agriculture and Food Policy Group, Creating Our Future: agriculture and food policy for the next generation (the Corish Report) – released in November 2006 – demonstrated the Australian Government’s support for a coordinated national approach to biosecurity.

Recommendation 2

The Committee recommends that as part of developing a list of invasive plant species of national importance, the Commonwealth, states and territories develop an agreed national alert list. [see paragraphs 5.36 and 8.15]

The Australian Government agrees with Recommendation 2 (refer to Recommendation 5).

Recommendation 3

The Committee recommends that those states and territories that have failed to legislate a prohibition on the sale of WONS within their jurisdictions should act to do so as a matter of priority. [see paragraphs 5.25 and 8.19]

The Australian Government agrees with Recommendation 3.

Progress towards this outcome is reported against recommendation 7.

Recommendation 4

The Committee recommends that the species listed on the WONS list be reviewed and that other significant threatening species be included as part of a new national control list of invasive plant species. [see paragraphs 5.28 and 8.20]

The Australian Government agrees with Recommendation 4 (refer to Recommendation 5).

At its meeting in April 2005, the Australian Weeds Committee (AWC) of the Natural Resource Management Ministerial Council endorsed a proposal to prepare an integrated national weeds priority list.  The AWC agreed that there is a need to review serious weeds in addition to the 20 species currently listed as Weeds of National Significance (WONS), and in doing this, consider appropriate arrangements for their management.  The task will implement a key objective of the Australian Weeds Strategy.

Recommendation 5

The Committee recommends that the Commonwealth, states and territories provide funding to enable the Australian Weeds Committee to engage the CRC for Australian Weed Management to produce a scientifically credible and robust national list of invasive plant species. [see paragraphs 5.51 and 8.21]

The Australian Government agrees with the objective of Recommendation 5.

The Australian Government is working with states and territories, through the Australian Weeds Committee of the Natural Resource Management Ministerial Council, in developing priority lists of nationally significant invasive non-native plant species using scientific and management-based criteria. The Cooperative Research Centre for Australian Weed Management has been involved in the process being undertaken by the Australian Weeds Committee that is considering methods to identify and allocate weeds to particular categories, including consideration of listings of Weeds of National Significance and environmental alert weeds.   The Australian Government has also made new funding available for weed research under its Defeating the Weed Menace fund. This includes rigorous prioritisation of weed species as a priority activity.

Recommendation 6

The Committee recommends that the Commonwealth, in consultation with the states and territories, promulgate regulations under section 301A of the EPBC to prohibit the trade in invasive plant species of national importance, combined with state and territory commitment to prohibit these same species under their respective laws. [see paragraphs 5.51, 5.107 and 8.22]

The Australian Government disagrees with Recommendation 6 (refer to Recommendation 7).

While the EPBC Act is one mechanism for the control of weeds that pose a threat to Australia’s biodiversity, the Australian Government considers that in the first instance states and territories should improve the management and control of weeds within their jurisdictions.

Recommendation 7

The Committee recommends that the Commonwealth, in consultation with the states and territories, produce a list in legislation of taxa that prevents their sale and spread for each state or region. Nominations for each taxon on a state or regional basis can be developed in consultation with natural resource management agencies, state herbaria and members of the general public. [see paragraphs 5.51 and 8.23]

The Australian Government agrees with Recommendation 7 to the extent it applies to listing selected invasive plant species in state and territory legislation.

Consistent with the National Weeds Strategy, the Australian Government is working, through the Natural Resource Management Ministerial Council, to identify and resolve weed issues at a national level. The strategy provides a national approach and framework to reduce the impact of weeds on the sustainability of Australia’s productive capacity and natural ecosystems, through the establishment of a number of goals, objectives for action and outcomes. This process will provide a cooperative approach to reduce the sale and trade of nationally significant weeds.

The former Australian Government Minister for Fisheries, Forestry and Conservation, Senator the Hon. Ian Macdonald, wrote to his state and territory counterparts in June 2005 noting that several plant species classified as Weeds Of National Significance (WONS) remained for sale in a number of states and territories. Responses by states and territories indicated that legislation to prevent the sale of all WONS was in place or was in the process of being implemented.  For almost all WONS, primary legislation has been enacted in all states and territories to prevent their sale.  There is one exception: in Victoria, three of the willow species are still under consideration for action.  It is expected that this outstanding issue will be resolved in 2007.

Recommendation 8

The Committee recommends that the Commonwealth Government investigate the imposition of a ‘polluter pays’ principle where importers pay for the cost of control and repair should a plant become a weed. [see paragraphs 5.58 and 8.25]

The Australian Government disagrees with Recommendation 8.

The Australian Government has arrangements that minimise the risk of a potentially weedy plant/seed being imported into Australia and therefore minimise the risk of a potentially weedy plant/seed from establishing in the country. This includes the imposition of penalties under the Quarantine Act 1908 for those who import prohibited plants/seeds.

A successful ‘polluter pays’ system, designed to recover the cost of control and repair of the damage caused by a plant should it become a weed, is dependent on a number of conditions:

• the ability to identify the source of pollution;
• the ability to identify the polluter;
• being able to establish causality between damage and polluting activity or action; and
• the ability to determine, assess and redress damage from the weedy plant.

In the case of a weed incursion or establishment of a weed, it is very difficult to determine the original point source and therefore identify who is responsible. There are numerous possible pathways for entry to Australia, apart from deliberate and accidental importation by travellers and traders of plants or plant products that subsequently become weeds. These include migratory birds, ocean currents, and illegal fishing boats. There may also be a lengthy lag-time between the importation and identification of a plant as an invasive species, making trace-back and the establishment of causality to the source very difficult.  

Recommendation 9

The Committee recommends that the National Weeds Strategy better clarify responsibility for funding eradication of ‘sleeper weeds’ with purely an environmental or social impact. [see paragraphs 5.33 and 8.29]

The Australian Government agrees with the objective of Recommendation 9. 

Clarity in funding responsibility for weed management is desirable.  However, the National Weeds Strategy is not an appropriate vehicle for this clarification, as it is a policy framework. Decisions on funding responsibilities would be better addressed through the Australia Weeds Committee and the Natural Resource Management Ministerial Council.

Recommendation 10

The Committee recommends that investment in early warning systems be increased for the detection and eradication of sleeper weeds. [see paragraphs 5.32 and 8.30]

The Australian Government agrees with Recommendation 10.

The Australian Government is involved in several initiatives to ensure nationally coordinated arrangements for the early detection, identification and eradication of Australia’s most serious weeds, including sleeper weeds.

The Australian Weeds Committee (AWC), established under the Natural Resource Management Ministerial Council, recently revised the National Weeds Strategy.  The revised strategy, the Australian Weeds Strategy, identifies opportunities for common approaches and linkages in agreed national policy responses for early detection and management of weeds.  The Australian Weeds Strategy is available at www.weeds.org and will be formally published in 2007.

In addition, the AWC has established a Weed Incursion Working Group which is designing a framework for dealing with all weed incursion issues including sleeper weeds. 

Research by the Bureau of Rural Sciences of the Department of Agriculture, Fisheries and Forestry has identified up to 17 priority agricultural sleeper weeds for potential eradication.  The research is summarised in the 2006 report Managing the menace of agricultural sleeper weeds.  The research concluded that eradication is likely to be feasible for several potential sleeper weeds and these weeds are being considered for priority action through the AWC.

Recommendation 11

The Committee recommends that the Commonwealth Government place on the agenda of the Natural Resource Management Ministerial Council, as a matter of urgency, the issue of progressing development of a national strategy for vertebrate pests. [see paragraphs 5.40, 5.48 and 8.32]

The Australian Government agrees with Recommendation 11.

In 2004 the Vertebrate Pests Committee, under the Natural Resource Management Ministerial Council, established a working group that developed an Australian Pest Animal Strategy.  The Strategy mirrors the Australian Weeds Strategy. The Vertebrate Pests Committee released a discussion paper in January 2005 and held a stakeholder workshop in Brisbane in April 2005 to identify key issues and approaches.  The Natural Resources Management Ministerial Council approved the Strategy in April 2007.

Recommendation 12

The Committee recommends that the Commonwealth Government take a lead role in ministerial councils and other appropriate forums to accelerate progress on the development, implementation and funding of a national system to deal with marine invasive species. [see paragraphs 6.123 and 8.37]

The Australian Government agrees with Recommendation 12.

The Australian Government is taking a lead role in the development and implementation of the National System for the Prevention and Management of Marine Pest Incursions (National System) through the Natural Resource Management Ministerial Council, and in consultation with the Australian Transport Council. Significant progress has been made to accelerate the progress on the development, implementation and funding of the National System. 

All jurisdictions have agreed in principle to an intergovernmental agreement (IGA) for the National System.  The IGA has been signed by the Australian Government and the governments of Victoria, Tasmania, South Australia, Western Australia, Queensland and the Northern Territory.  New South Wales has indicated it has concerns with a population based formula for emergency management cost sharing and need more details on legislation and implementation cost before they will consider signing the IGA.  The IGA sets the high-level policy objectives for the National System and provides authority for development of the detailed implementation arrangements. It is based on and formalises the recommendations of the High Level Officials Group established under the Natural Resource Management Ministerial Council, and in consultation with the Australian Transport Council, regarding roles and responsibilities for legislation, governance and funding arrangements for the National System.

The Australian Government is leading the national coordination and is working with the states, the Northern Territory and relevant industry and conservation stakeholders to develop the National System. The recommendations of the High Level Officials Group and the IGA provide the basis for developing the detailed measures for the National System. 

On 27 May 2005, Australia signed, subject to ratification, the International Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004 (the Convention) that was developed through the International Maritime Organization.  The Convention aims to provide uniform international ballast water management arrangements for the shipping industry to protect the marine environment from pest incursions stemming from ballast water. For approximately fifteen years, Australia has been active in seeking the development of international measures for reducing the risks posed by introduced marine pests and diseases through ships’ ballast water.

The formal process for consideration of Australian ratification of the Convention includes completion of a national interest analysis, a regulation impact statement, consultation with relevant stakeholders and the development of any necessary domestic legislation by the Australian, state and territory governments.

Arrangements for ballast water management on journeys between Australian ports are being developed as part of the National System, including the necessary legislation and cost recovery measures, in consultation with the states, Northern Territory and industry. These arrangements will be given force by legislation in each of the states and Northern Territory that will follow model legislation described in the IGA (Victoria currently has its own legislation on ballast water). These arrangements will be consistent with the Convention and will be integrated with the existing management requirements for international ballast water under the Quarantine Act 1908. 

Additionally, mitigation measures are being developed to address biofouling risks in a number of industry sectors including fishing vessels, trading and non-trading commercial vessels, and the aquaculture industry. The measures will provide best practice management options for biofouling management of vessel hulls, gear and niche areas.

An emergency response framework has been developed under the Intergovernmental Agreement comprising a Consultative Committee on Introduced Marine Pest Emergencies (CCIMPE) and a National Management Group (NMG), which has the capability to oversee the response to a marine pest outbreak under the Emergency Marine Pests Plan (EMPPlan).  Such plans would usefully be supported by a defined process or assistance for integrating detailed operational guidelines and practical incident experience into existing Australian, state and territory government emergency management legislation. Such guidelines would assist in clarifying the roles and responsibilities of both government and non-government stakeholders, associated coordination networks and operational skills to effectively handle the specific problems encountered in an emergency marine pest outbreak.

The EMPPlan provides an agreed framework to guide emergency response actions. Emergency preparedness and response efforts in Australia are coordinated by the CCIMPE. The decision to activate the EMPPlan is based upon a trigger list of target species (CCIMPE Trigger List), however, the contingency is available to consider other marine pests that also meet relevant criteria to warrant an emergency response.  Cost sharing arrangements for emergency preparedness and response arrangements have been in place for three and a half years and have been formalised in the IGA. Under the cost-sharing arrangements for the Australian, state and territory governments, funding of eradication responses is divided 50:50 between the Australian Government and the states and Northern Territory governments. The contribution of each state/territory is to be calculated on a per capita basis. 

Under the National System, planning and implementation of prevention and management measures focusing on specific marine pest species will take place under individual National Control Plans for those species.  A National Control Plan for the Northern Pacific Seastar (Asterias amurensis), is already in operation.  In 2006 the Natural Resources Management Ministerial Council and the Australian Transport Council agreed to the development of National Control Plans for an additional five species.  

The Australian Government has provided $3.7 million to support the development of the National System over the three years to 2006-07 and over the same period has supplied an additional $4.5 million Natural Heritage Trust funding to provide the research and development necessary for the development of the National System.  The Australian Government has announced funding of  $14.8 million  from the Natural Heritage Trust  over the four years to 2010-11 to implement the National System.  An additional Natural Heritage Trust funding of $190,000 per year over two years (2006-07 and 2007-08) has been allocated specifically for the emergency preparedness and response component of the National System.

The Australian, state and Northern Territory governments agreed the key elements of the National System in October 2006.  Implementation plans, including development of legislation and agreement on funding, are currently being developed to enable the National System to be rolled out progressively over the next eighteen months.

Recommendation 13

The Committee recommends that, as a matter of urgency, the Commonwealth Government should develop programs to minimise the threat of invasive marine species entering Australia’s waters via hull fouling or as a result of the mariculture industries. [see paragraphs 6.100, 6.104 and 8.38]

The Australian Government agrees with the objective of Recommendation 13.

This issue is addressed under the National System for the Prevention and Management of Marine Pest Incursions (National System) that was described in the response to Recommendation 12. Development of the National System is being led by the Australian Government Department of Agriculture, Fisheries and Forestry and is being undertaken in collaboration with the states, Northern Territory, relevant Australian Government agencies, industry, conservation and research representatives through the National Introduced Marine Pests Coordination Group (NIMPCG). Managing biofouling (including hull fouling) risks is a key component of the National System.

Best practice protocols for the management of biofouling on all types of vessels have been developed through NIMPCG to reduce the rate of translocation of marine pests within Australian waters. The sectors addressed include fishing vessels, trading and non-trading commercial vessels, domestic recreational vessels, the aquaculture industry and petroleum and gas activities. The protocols will provide options for managing and treating biofouling of vessel hulls and niche areas such as sea chests, internal seawater systems, sea intake grates, bow tunnels, transducers, docking support block areas, propellers, shafts and rudders as well as fishing and aquaculture gear. The Natural Resources Management Ministerial Council and the Australian Transport Council agreed to the protocols for fishing vessels, trading and non-trading commercial vessels and domestic recreational vessels in 2006.

In order to address the risks posed by aquaculture and mariculture industries, best management practices are being developed in line with the National Policy on the Translocation of Live Aquatic Organisms (the National Policy). The National Policy was signed by all jurisdictions in 1999 and was adopted directly by most states and territories. Those jurisdictions which did not directly implement the National Policy have developed policies which are aligned with it. The National Policy addresses the potential translocation risks of live aquatic organisms within Australia primarily in aquaculture and the live bait, live seafood and aquarium trades.   

Supporting the progress on managing biofouling risks is the National System’s ongoing research and development program. A number of projects developed through and agreed by NIMPCG are currently underway to ensure that biofouling management measures effectively target marine pest risks:

• Treatment of internal water systems project – investigating the development of an effective, efficient and environmentally sound treatment for internal seawater systems on international small vessels.
• Commercial vessels risk assessments – assessment of niche areas, such as internal seawater systems, associated with commercial shipping and development of guidelines to minimise the introduced marine pest risks from biofouling of these areas.
• Fishing project – information gathering and hazard analysis for the fishing industry to inform the development of best practice guidelines to manage the marine pest risks associated within the industry.  This involves an assessment of the risk of marine pest entrainment and translocation by the vessels, gear and practices of the fishing industry.
• Aquaculture project – investigating managing marine pest translocation risks associated with niche areas of stock, equipment and infrastructure for the aquaculture industry to inform guideline development processes.

Protocols to minimise the risks of pests being brought to Australia as biofouling on small international vessels, such as yachts, and apprehended vessels, for instance suspected illegal entry vessels, have been developed. A voluntary compliance period commenced in October 2005 for relevant vessels before the introduction of mandatory requirements through legislation subordinate to the Quarantine Act 1908. A review of the voluntary period has been completed, and the protocol is being refined. Consultation with affected stakeholders on the legislation changes is underway.

Recommendation 14

The Committee recommends that the Commonwealth Government should provide long-term funding for research aimed at identifying and combating marine invasive species, particularly those which may threaten marine parks such as the Great Barrier Reef Marine Park, and those that are in the ports of Australia’s trading partners and could be translocated to Australia. [see paragraphs 6.105 and 8.39]

The Australian Government agrees with the objective of Recommendation 14.

The Commonwealth Environment and Research Facilities (CERF) Programme is a five year $100 million Australian Government initiative which runs to 2009-10. The CERF Programme funds high priority research to support better management of public environmental assets. CERF is directing $40 million towards the Marine and Tropical Sciences Research Facility (MTSRF) over five years. The MTSRF addresses environmental issues of national significance for the Great Barrier Reef, Torres Strait and the Wet Tropics, including the Wet Tropics World Heritage Area. $1.3 to $1.5 million has been specifically identified under the MTSRF Programme for improving the understanding of the threat from invasive pests, their impacts upon ecosystems, and developing options for prevention and control.

The Australian Government has also allocated Natural Heritage Trust funding of $6 million over four years for research and development (R&D) to inform the progress of a National System for the Prevention and Management of Marine Pest Incursions (National System).

A key component of the National System is the provision of long-term funding for each element of the National System, including R&D, aimed at identifying and combating all invasive marine species. Funding will be provided by the Australian, state and territory governments, in addition to contributions from stakeholders and beneficiaries. 

As part of the development of the National System, the Commonwealth Scientific and Industrial Research Organisation (CSIRO), supported by Natural Heritage Trust funding, has carried out risk assessments to identify the most threatening marine species based on economic, environmental and human health criteria. These species were selected from a CSIRO database of 1,593 marine and estuarine species that have been transported by anthropogenic activities or have invasion histories around the world. This work forms part of the ongoing strategy that supports the risk management approach of the National System and the development of each component, ensuring that decisions are scientifically based. In particular, the strategy aims to reduce the risk and thereby improve the cost to benefit ratio of marine pest prevention and management measures. The strategy also provides ongoing research to feed into the evaluation and review of the National System and its processes.

Ongoing research and development is a pivotal supporting component of the National System.  The Research and Development Strategy for the National System is in place to ensure that priorities are in line with the development of the National System.  Long-term funding is the responsibility of the Australian, and state and territory governments, added to by contributions from stakeholders and beneficiaries.

Recommendation 15

The Committee recommends that the Threat Abatement Process (TAP) be reviewed to enable threatening processes to be listed prior to threatened species reaching a critical stage. [see paragraphs 5.106 and 8.41]

The Australian Government agrees with the objective of with Recommendation 15.

Implementation of Threat Abatement Plans is an important means of abating the impacts on threatened species but this process needs to be considered within the broader range of actions undertaken by the Australian Government and others to protect threatened