IAIA SEA Conference Prague Legal and Policy Framework for SEA Australia & New Zealand

IAIA SEA Conference Prague Session A3: Overview  Workshop 1: Introduction to session SEA in Australia  Workshop 2: SEA in Australia (continued) Environmental Commissioners  Workshop 3: SEA in New Zealand

IAIA SEA Conference Prague Session aims develop an up-to-date understanding of SEA in Australia and New Zealand, including:  current developments  strengths and weaknesses  lessons to be learnt  issues arising in a federal system (Australia)  use of strategic assessments by Environmental Commissioners

IAIA SEA Conference Prague Australia—introduction  Federal system of government Commonwealth (federal) Government 6 State governments 2 Territories—ACT; NT 9 separate jurisdictions with own legal and policy frameworks SEA provisions and practices vary between jurisdictions Overlapping jurisdiction; conflict; coordination

IAIA SEA Conference Prague SEA—historical  Environment Protection Impact of Proposals Act ( ) Provision for SEA not widely used public inquiries—sand mining on Fraser Island; uranium mining in NT  Resource Assessment Commission (early 1990s) large scale forestry inquiry coastal zone inquiry  Ad hoc inquiries, e.g. forestry

IAIA SEA Conference Prague Regional Forest Agreements (RFAs) 11 large scale assessments of forests conducted in 1990s Joint exercises by Commonwealth and States 4-phases—scoping; assessment; integration and agreement integrated assessments of economic, environmental, social and heritage values and impacts outcomes include an enlarged forest reserve system designated wood production areas

IAIA SEA Conference Prague Environment Protection and Biodiversity Conservation Act 1999  Includes discretionary provisions for SEA of policies, plans, programs  Compulsory provisions for SEA of fisheries  Presentations by Gerard Early and Simon Marsden

IAIA SEA Conference Prague National Environment Protection Council Act 1994 Act provides for making of national Environment Protection Measures (NEPMs)—air quality; air toxics; controlled waste; used packaging materials NEPMs require SEA-type assessments before they are made Illustration of SEA in a federal system— coordination; cooperation; conflict

IAIA SEA Conference Prague SEA at State/Territory level SEA provisions vary SEA linked to land-use planning in some jurisdictions NSW requires strategic assessment of draft environment protection policies and local and regional environment plans Western Australia has amended its EIA legislation to include policies, plans and programs Rachel Brazier will discuss SEA in Queensland in the next workshop

IAIA SEA Conference Prague SEA of foreign aid program environmentally significant aid activities are subject to to the EPBC Act and must be assessed AusAID’s Environmental Management System (EMS) requires SEA for:  country strategy formulation  formulation of policies, programs, plans and regional or sector strategies Coordinated SEA of Pacific region program for removal of POPs involving several regional governments

IAIA SEA Conference Prague Conclusion Many examples of SEA mechanisms Use of ad hoc inquiries and assessments May not use SEA language Extensive use of SEA for natural resource issues, e.g. forestry, mining, fisheries, oceans Amendments to legislation to provide for SEA Incorporation of sustainability objectives and mechanisms into legislation; discussion of SEA for sustainability appraisal