Narrow scope, prioritise highest risks. Scope defined in Introduction. Uncertainty and risk are addressed in proposed ToR. Refer Introduction and sections 4.1 and 5 Evaluate how effective GBRMPA is at managing impacts, not impacts from implementation of the Program. Identification of impacts on MNES is a prerequisite for assessing the effectiveness of the Program. Refer sections 3 and 4 Address concern that Strategic Assessment will replace the need for project-by-project review under EPBC Act and "fast-track" or "streamline" process for developers. The aim of the strategic assessment to examine the effectiveness of management arrangements to protect and matter MNES and recommend improvements. Refer Introduction Combine or better coordinate the two Terms of References and/or SAs. Provide more detail about coordination methods. Ensure Queensland and GBRMPA are both addressing cross-cutting issues (e.g. fishing). Include a commitment that governments show integrity and work together to protect the environment for future generations to enjoy. Separate Terms of References and strategic assessments are required under the EPBC Act. The Authority will work in close consultation and collaboration with the Queensland Government, the Australian Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC) and other relevant Australian Government agencies. Refer to Introduction and section 7 Identify key stakeholders. Consult industry and stakeholders that are impacted by issues at the coastal-marine interface. The Authority will engage stakeholders and the community throughout the Strategic Assessment process using its network of advisory committees together with regional and issue-based meetings. Introduction and section 7 Deliver long-term certainty about the type of sustainable development opportunities that will continue to be provided within the region into the future. The Strategic Assessment will assess the effectiveness of the Program to provide certainty on where uses may occur, the types of activities allowed and the conditions under which activities may proceed, and recommend improvements accordingly. Refer Introduction, sections 4 and 5
The GBRMPA and the Queensland Government will work closely together to ensure a complementary approach is taken through the assessments. Engage stakeholders through other mechanisms rather than just commenting on draft documents. RACs and other committees established under EPBC Act should be continuously involved. The Authority will engage stakeholders and the community throughout the Strategic Assessment process using the Authority’s network of advisory committees together with regional and issue-based meetings. Refer Introduction and section 7 Create mechanism for interested parties to receive email updates. The Authority will consider appropriate mechanisms and timing for stakeholder engagement to ensure that adequate public consultation is made, including use of its to provide updates. Refer Introduction and section 7 All documents, including minutes of meetings, reports, studies, submissions should be regularly published on the Queensland Government website. Information used to inform the Strategic Assessment will be made publicly available. Refer section 7 The draft Terms of Reference will be finalized after public consultation in accordance with the agreement Provide for early and frequent public input and 60-day public review period of draft SA. The Authority will consider appropriate mechanisms and timing for stakeholder engagement. The Authority supports a consultation period of no less than 60 days on the draft Strategic Assessment and Program Reports, noting that the period for public consultation will be determined by the Minister for Sustainability, Environment, Water, Population and Communities (the Minister). Refer Introduction and section 7 The consultation process with Indigenous parties needs to be properly designed and structured to be culturally appropriate to traditional negotiations. The Authority will consider appropriate mechanisms and timing for engagement with Indigenous persons. Refer Introduction and section 7
A description and analysis of the potential impacts on relevant MNES arising from planned and potential future development. Include development proposals currently under assessment process of the EPBC Act and the State Development and Public Works Organization Act 1971. Refer response above. Refer sections 3 and 4 Consider activities regardless of where it is occurring if it impacts within GBRWHA (regardless of source, type, or cause, including mining, dams, ports, urban development, fishing, tourism, commercial shipping, agriculture, climate change, growing human population). Actual and potential impacts on MNES from past, present and future activities will be assessed. The Strategic Assessment area covers the Great Barrier Reef Region and areas outside that Region to the extent that they affect that Region. Refer sections 3 and 4 Consider all impacts of activities of the above activities. Refer response above. Cumulative impacts will be considered. Refer sections 3 and 4 Consult proponents of development to identify, describe, and analyse development impacts. The Strategic Assessment will examine the effectiveness of the Authority's management arrangements to identify, describe and analyse impacts from a range of sources including development activities. Stakeholders, including proponents, will be consulted as part of the process. Refer Introduction and section 7 Methods: a comprehensive assessment would need to include modeling and risk assessment studies. define methods for assessment in final Terms of Reference include modeling. The Strategic Assessment will utilise a range of methods and approaches, building upon approaches used in the Great Barrier Reef Outlook Report 2009. This includes an assessment of overall risk. Refer Introduction and sections 5 and 7 An assessment of whether any of the potential impacts will be: Assess impacts to environmentally valuable areas and processes that underpin MNES. The Strategic Assessment will identify values and attributes which underpin MNES including bioregions and habitats. No changes proposed
2.6 Recommendations for changes to the Program including: Recommendations for changes to the Program if the analysis carried out in accordance with clause 2.5 identifies that relevant MNES are not adequately protected by the Program. Include explicit reference to potential regulatory and legislative changes. Reference to the term 'Program' includes both statutory instruments and non-statutory mechanisms. This has been made explicit in the Terms of Reference. Refer section 4.1.2 This may include recommendations to: Modify the GBRMPA management arrangements to ensure impacts, including cumulative impacts, on relevant MNES are avoided, mitigated or offset to an acceptable level. Set limits and constraints for development, both spatially and by defining best practice standards. Identify zones of high and low development impact. Spatial and non-spatial approaches will be employed to examine values and pressures including circumstances where impacts are likely to be unacceptable. Consideration will be given to best practice standards in examining the effectiveness of the Program to avoid, mitigate, offset and adaptively manage impacts. Refer sections 2, 3 and 4 Change related State or Commonwealth programs or policies. Add "recommend improvements to existing local, State, or national legislation, plans, policies, and programs". Included in recommendations. Refer section 6 Add "Reform new local, state, and national legislation policies, programs, and processes to ensure that MNES are fully protected from future development activities within the Program area". Consider creating GBRWHA Act modeled after Wet Tropics Protection and Management Act 1993. The Strategic Assessment will focus on the management arrangements under the jurisdiction of the Authority. The Strategic Assessment will look at relevant case study examples for the protection of MNES, including Wet Tropics legislation and policies. Refer Introduction, sections 1 and 6 2.7 Consideration of ecologically sustainable development principles including a description of how the principles of ecologically sustainable development have been applied in the Program. List ESD principles in Terms of Reference or refer to EPBC Act. ESD principles now included. Refer section 6
When deciding whether to endorse the Program, the Minister must be satisfied that the Strategic Assessment Report adequately addresses the impacts to which this Agreement relates, and that any recommendations by the Minister to modify the Program have been responded to appropriately. Endorse Strategic Assessment Report, not Program. The Minister must be satisfied that both the Strategic Assessment Report and Program Report adequately address the impacts of actions on MNES and the Program provides for adequate protection of MNES. On that basis the Minister may endorse the Program. Refer section 8. Also Refer EPBC Act and Strategic Assessment Agreement between the Authority and Minister for Sustainability, Environment, Water, Population and Communities dated 16 February 2012 In determining whether or not to endorse the Program, the Minister will have regard to the extent to which the Program meets the objects of the EPBC Act. In particular, that it: Promotes ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; Add social and economic matters under the principles of ESD. Wording is taken from the objects of the EPBC Act. Refer section 8 Regard to be given to the provision and implementation (not just promotion) of ESD. Wording is taken from the objects of the EPBC Act. Refer section 8
Should reflect wishes of stakeholders based on information and scenarios that have been clearly identified. Stakeholders will be engaged throughout the process and the Strategic Assessment Report will document how views and comments were taken into account in the preparation of that Report. Refer section 7 The Program must address all of the above matters for it to be considered for endorsement by the Minister in accordance with the EPBC Act Add "and the requirements of the UNESCO World Heritage Committee Decision - 35COM 7B.10 - Great Barrier Reef (Australia) (N 154)”. The decisions of the World Heritage Committee at its 35th and 36th meetings have been taken into consideration in finalising the ToR. Refer section 6 and Attachment 3 of the Submissions Report 4. Information Sources For information and data used in the strategic assessment, the Strategic Assessment Report must state: The reliability and limitations of the information. Information must be presented in a clear and unbiased manner. The source of information, reliability and limitations of the assessment will be documented. Refer section 7 Concern that GBRMPA cannot assess itself; conflict of interest; suggestions to use external expertise, peer-review, and stakeholder involvement. Conduct the assessment in an open and transparent manner. The Authority will commission an independent review of its management effectiveness. The Strategic Assessment Report will be peer reviewed and stakeholders will be engaged throughout the process. Refer Introduction and section 7