Answer ... (a) Air
All levels of government play a role in managing air quality. The National Clean Air Agreement sets out the framework for identifying and prioritising actions to address air quality issues. The governments cooperatively set national objectives and develop national environment protection measures via the National Environment Protection Council.
States/territories have primary responsibility for monitoring and managing air quality in their jurisdictions. This generally includes:
- implementing state/territory legislation that prohibits certain activities either absolutely or without a licence;
- reporting against national ambient air quality standards;
- administering licences;
- providing incentives for reducing emissions;
- maintaining pollution prevention equipment; and
- enforcing air pollution offences.
Local governments have responsibility for local air pollution issues such as backyard burning, chimney smoke and dust.
(b) Soil
The Commonwealth does not directly regulate soil or contaminated or degraded land. However, it has developed programmes and strategies aimed at managing and protecting soil, such as the National Soil Strategy and the National Landcare Program.
Each state/territory has its own regime for managing contamination. Some states/territories have specific contaminated land legislation, such as the Contaminated Land Management Act 1997 (NSW) and the Contaminated Sites Act 2003 (WA); while others regulate contamination under general environmental protection legislation, such as Part 8 of the Environmental Protection Act 1994 (Qld).
Local governments typically implement policies in respect of the prevention of land contamination and the remediation of land through land use planning decisions.
In each jurisdiction, there are also state and local erosion and sediment controls.
(c) Fresh water
Water use and efficiency: Water markets have become an essential tool for managing water scarcity in Australia. State/territory governments are responsible for water licensing. In New South Wales, for example, there is a system of regulation through the Water Management Act 2000 that regulates water taking, use and supply through water allocations and licences.
The water in Australia’s rivers and dams is shared by many different users. The largest catchment is the Murray-Darling Basin, which covers much of the eastern half of Australia. The Commonwealth has an oversight role through the Water Act 2007 (Cth), which provides the framework for managing the Murray-Darling Basin, water charges and water market rules. Owning entitlements to water for the environment is the role of the Commonwealth Environmental Water Holder (CEWH).
In 2004, the Commonwealth and some states and territories entered into the Intergovernmental Agreement on a National Water Initiative to improve water use and efficiency. Parties to the agreement commit to:
- preparing comprehensive water plans;
- introducing registers of water rights and standards for water accounting;
- expanding trade in water rights; and
- improving pricing.
Water pollution: Responsibility for preventing and enforcing water pollution legislation is generally shared between state/territory environmental protection authorities and local authorities. Typically, there is a prohibition against water pollution without a licence and offences for failure to comply.
(d) Sea water
The International Convention for the Prevention of Pollution from Ships (MARPOL) seeks to prevent the pollution of sea water from ships. The Commonwealth has implemented MARPOL through:
- the Protection of the Sea (Prevention of Pollution From Ships) Act 1983 (Cth);
- Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994 (Cth);
- a series of marine orders; and
- Chapter 4 of the Navigation Act 2012, which deals with prevention of pollution.
Each state/territory has also implemented MARPOL through legislation which prohibits different types of marine pollution (eg, pollution from oil) and provides for reporting procedures and pollution offences, for example:
- the Marine Pollution Act 2012 (NSW);
- the Marine Pollution Act 1999 (NT);
- the Transport Operations (Marine Pollution) Act 1995 (Qld);
- the Protection of Marine Waters (Prevention of Pollution From Ships) Act 1987 (SA);
- the Marine-related Incidents (MARPOL Implementation) Act 2020 (Tas);
- the Pollution of Waters by Oil and Noxious Substances Act 1986 (Vic); and
- the Pollution of Waters by Oil and Noxious Substances Act 1987 (WA).
(e) Flora and fauna
There are Commonwealth, state and local protections of flora and fauna.
The Commonwealth Environment Protection and Biodiversity Conservation Act (EPBC Act) aims to protect nationally significant flora, fauna, habitats and places through the identification and listing of:
- threatened species;
- threatened ecological communities;
- migratory species;
- Ramsar wetlands; and
- other matters of national environmental significance (MNES).
It provides for the development of:
- conservation advice and recovery plans;
- a register of critical habitat; and
- threat abatement plans to reduce impacts from key threatening processes.
It also provides for an environmental assessment and approval process for any actions that have or are likely to have a significant impact on MNES. In addition, the EPBC Act controls the international movement of wildlife specimens under the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Different biodiversity legislation applies in each state/territory. Typically, an authorisation is required to take or disturb threatened flora and fauna. In addition, each jurisdiction has its own land-clearing controls and biodiversity or environmental assessment and offsetting schemes for development that is likely to have relevant impacts on biodiversity.
Land use planning and control of development (other than for major infrastructure and mining, and in some instances major developments considered to be of significance to the state) are largely the responsibility of local authorities. Local government authorities can develop and implement their own policies in relation to the protection of vegetation. It is necessary to consider the interaction between these and state legislation and policies in each case.
(f) Natural habitats and scenic landscapes
At the Commonwealth level, natural habitats and scenic landscapes of national environmental significance are protected by the EPBC Act. These include World Heritage properties, National Heritage properties and Ramsar wetlands.
At the state/territory level, natural habitats and scenic landscapes are generally protected through legislation regulating biodiversity, national parks, reserves and other protected areas.
Local government authorities also have an important role to play in the protection of natural habitats and scenic landscapes, often as land owner or in a trustee role. They have procedures and policies that apply to land use planning and development. It is necessary to consider the interaction between these and state legislation and policies in each case.