Compliance Activities that encourage adherence with legal requirements, both through education and enforcement. Includes formal (e.g. the Field Management Program jointly undertaken with the Queensland Government) and informal (e.g. the Eyes and Ears Incident Reporting program) activities. Yes Policy documents Specific arrangements that guide decision makers and the public. These include: strategies which outline a long-term approach to managing an issue policies which provide a statement of principles to guide decision-making site management arrangements which are localised plans for use of sites with significant values and/or use issues position statements which outline the Authority’s position on an issue where it has a strong interest but no direct regulatory control guidelines which detail recommended practice in support of a policy or position statement. No – but considered in this given the role of policy documents in the application of regulation Site infrastructure On-ground infrastructure installed to better protect the values of individual sites (e.g. reef protection markers, public moorings, signs). Implemented and maintained by the Authority and Queensland Parks and Wildlife Service through the Field Management Program. No Partnerships Formal arrangements, often executed through a memorandum of understanding or an agreement to enable a partnership approach to management of the Marine Park (e.g. intergovernmental agreement with the Queensland Government, Reef Advisory Committees, Local Marine Advisory Committees, memorandum of understanding with a government authority). No Education and community awareness Programs to inform and motivate members of the community about the Great Barrier Reef and its protection and management, including ways they can contribute (e.g. Reef HQ, the Authority’s website, information sheets, zoning maps). No Stewardship and best practice Voluntary arrangements with stakeholders that provide the opportunity for contributions to protection and management (e.g. Reef Guardian Program, best environmental practices). No Research and monitoring Undertaken or commissioned by the Authority to better inform decisions on protection and management of the Great Barrier Reef (e.g. Reef Health and Impact Surveys, Eye on the Reef monitoring, climate change research programs). No Groups regulated by GBRMPA may also be partners with GBRMPA in management and presentation of Marine Park values, e.g. Traditional Owners, tourism industry, fishing industry, researchers. assessment
The areas of environmental regulation identified in the Strategic Assessment as requiring strengthening are: regional standards for protection; managing cumulative impacts; enhancing protection and restoration; improving certainty; improving consideration of climate change impacts; strengthening consideration of heritage values and community benefits; improving compliance; improving incident response capacity; and streamlining and harmonising regulatory tools. ANAO Report No. 3 2015-16 – Regulation of Great Barrier Reef Marine Park Permits and Approvals The Australian National Audit Office (ANAO) conducted a . The ANAO examined GBRMPA’s assessment of Marine Park permit applications, monitoring of permit holders’ compliance and response to permit holders’ non-compliance. The ANAO did not examine GBRMPA’s other regulatory activities, such as the Field Management Compliance Unit’s investigation and enforcement activities associated with activities not subject to a permit; the state marine park; or permits and licenses granted under state legislation. To improve GBRMPA’s regulation of Marine Park permits and to inform the work being undertaken to enhance compliance management practices, the ANAO made five recommendations to strengthen the: processing of permit applications; rigour of the permit application assessment and decision-making processes; effectiveness of permit conditions; effectiveness of permit compliance monitoring; and response to instances of non-compliance. GBRMPA agreed without qualification to all five recommendations from the ANAO. GBRMPA had already identified the need to strengthen its permission system through the commitments in the and commenced strengthening activities in 2014-15. The ANAO recommendations have been incorporated into this work as part of GBRMPA’s Corporate Plan. Over the four years to 2020 GBRMPA is undertaking staged implementation of the initiatives designed to strengthen and enhance the permissions system, while maintaining high environmental standards. As part of this work the following actions are underway: Assessment and decisions enhancement project – commenced in 2014-15 and has been designed to enhance the effectiveness of the permission system to achieve objectives and outcomes for the protection and management of the Marine Park, as well as harmonise requirements with relevant Commonwealth and State legislation and reduce regulatory burden. Strengthening permissions compliance action plan 2015-2020 – was developed in 2014-15 and is facilitating the sustainable delivery of an enhanced permission compliance program, which demonstrates regulatory integrity and consistency with Australian Government requirements. Annual permissions compliance plan – outlines the activities, services and resources to be provided to the compliance management of permissions for the year. Actions have been designed to mitigate compliance risks, and cover education approaches,
assisted self-regulation initiatives, and stronger mechanisms designed to coerce and enforce compliance. Joint Committee of Public Accounts and Audit Report 456 – Great Barrier Reef Regulation The . They were strongly concerned that shortcomings in regulating the permit system for the Great Barrier Reef Marine Park may be undermining the system as a means of managing risks to the Park. The Committee’s key recommendations were that the Authority accelerate its projected timeframe for implementation of the ANAO audit recommendations and report back on progress to the Committee. GBRMPA will provide its report back to the Committee by 1 March 2017. METHODOLOGY For GBRMPA, the Regulatory Performance Framework covers its permission system, traditional use of marine resources, plans of management and compliance activities under the GBRMP Act; and its administration, as delegate, under the Sea Dumping Act (refer section ). In 2015 the metrics and data sources against which the six KPIs would be assessed were determined by GBRMPA. Key stakeholders were consulted on the metrics and data sources to inform assessment against the KPIs. There was a 20 per cent response rate from stakeholders. The stakeholder feedback was more general in nature, ie. not specifically about the metrics or data sources. Our stakeholders supported: the strong link between the health of the Great Barrier Reef and the health of the industries that rely on the Reef for their livelihood; actions taken by GBRMPA being proportionate to the risk; actions by GBRMPA taking into account the impact and benefit to the Great Barrier Reef and all stakeholders; and ensuring the final document (self-assessment annual report) is easy to read and takes into account the level of understanding of all parties involved. Following Ministerial approval the KPIs and relevant metrics were made available on the GBRMPA website – . The self-assessment is based on qualitative data, and quantitative data where this was available. The data was provided by GBRMPA sections. The outcomes of recent reviews, as outlined in , have also been taken into consideration to provide a more fulsome account. GBRMPA has used a four-point rating scale to assess performance against each of the six KPIs. The scale is consistent with that used for the independent assessments of management effectiveness (refer sections and ). Rating scale: Effective (81-100% of optimum)
KPI 6 – GBRMPA actively contributes to the continuous improvement of regulatory frameworks Approved metrics Documented procedures are in place to allow active and regular engagement with stakeholders. Stakeholder events held regularly to facilitate participation in the development and/or amendment of regulatory frameworks. Documented procedures are in place to facilitate the flow of information between the regulator and policy departments. Effective (81-100% of optimum) There are clear processes in place to facilitate active and regular engagement with stakeholders to seek contributions to the improvement of regulatory functions. Networking, collaboration and exchange are core organisational principles and a key part of organisational culture. The organisation actively plants and organises regular events to facilitate stakeholder input into the development and maintenance of the organisations regulatory regimes. There are clear and systematic processes in place to share information between policy and regulatory areas. Resources are always available to deliver continuous improvement of regulatory frameworks. Mostly effective (51-80% of optimum) There are formalised process in place to improve the organisations regulatory functions including involving stakeholders. The organisation regularly holds events to engage stakeholders to participate in the development of new and maintenance of existing regulatory regimes. Information is routinely shared between policy and regulatory areas. Limited resources are available to deliver continuous improvement of regulatory frameworks. Partially effective (21-50% of optimum) Some resources have been set aside to promote stakeholder involvement in the development, maintenance and improvement of regulatory regimes. Staff are supported to share information between policy and regulatory areas, however there are no formalised processes. Limited resources are available to deliver continuous improvement of regulatory frameworks, when competing priorities allow. Ineffective (1-20% of optimum) There are no active or formal procedures or mechanisms to maintain or improve regulatory functions or to involve stakeholders into these process. Information is not shared between regulator and policy areas. Resources are not available to deliver continuous improvement of regulatory frameworks.