Legal and Policy Framework for SEA

1. Legal and Policy Framework for SEA Australia & New Zealand IAIA SEA Conference Prague 2005

2. 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 2005

3. 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 2005

4. 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 2005

5. SEA—historical • Environment Protection Impact of Proposals Act (1974-2000) • 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 2005

6. 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 2005

7. 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 2005

8. 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 2005

9. 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 2005

10. 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 2005

11. 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 IAIA SEA Conference Prague 2005