Download - Royal Australian Navy

14 ADF TRAINING IN AUSTRALIA’S MARITIME ENVIRONMENT
the action must be consistent with an approval from another Commonwealth decisionmaker
under a management plan accredited by the Minister for the Environment and
Heritage. Additionally, an action may not necessitate approval where certain criteria
are met when the action is to take place in a State or Territory.
The Minister for the Environment and Heritage can also grant an exemption for a
particular action that would otherwise require approval under the Act where it is in
the national interest to do so; for example, in a national emergency. Thus, in a time of
armed conflict, the RAN could get a blanket security exemption issued by the Minister,
whereas in peacetime it might be withheld.
Actions that are likely to have a significant impact on a matter of national environmental
significance are subject to a stringent and thorough referral, assessment and approval
process. The Act’s assessment and approval provisions apply to actions that are likely
to have a significant impact on the environment of Commonwealth land (even if taken
outside Commonwealth land) and actions taken by the Commonwealth that will have a
significant impact on the environment anywhere in the world. In determining whether
an action needs approval, the Minister for the Environment and Heritage will identify
the provisions for which approval is required (for example, the Ramsar provision).
If the Minister decides that an action needs approval, he or she must designate a
proponent for the action. The proponent is responsible for preparing assessment
documentation. Generally, the person proposing to take the action will be the proponent
for the action. A decision that another person should be the proponent can only be
made where both that person and the person proposing to take the action agree. If the
Minister decides that an action does not need approval, the Act ensures certainty for
proponents by providing that a person does not contravene the Act if he or she relies
on the Minister’s decision.
As mentioned above, one of the certain areas from which actions having a significant
impact are generally protected is the Commonwealth marine environment. It is stated
that waters, seabed and airspace over the sea lying inside the seaward boundary
of the Exclusive Economic Zone are considered part of the Commonwealth marine
environment. However, those areas that are covered under the Coastal Waters State and
Territory legislation and waters within the limits of a State or the Northern Territory,
fall outside the ambit of Commonwealth Territory. Similarly, any waters over the
continental shelf, or any seabed under or airspace over waters over the continental
shelf, are considered part of the Commonwealth marine environment. Again, those
areas covered by State legislation and defined as falling specifically within State and
Territory areas are excluded from the Commonwealth marine environment.
Permits are required for an activity affecting or having affected protected species.
Permits are necessary to engage in the following activities that may affect
cetaceans:
• research, commercial and certain recreational activities in a Commonwealth park
or reserve