This report attempts to cover South Australian legislation and policy that derives from or is relevant to international treaties signed by Australia. In most cases, the link between the domestic legislation and the treaty is tenuous, with only the subject matter in common.

Table of Contents:

1. Group 1 Terrestrial Conservation
1. International Agreement for the Creation at Paris of an International Office for Dealing with Contagious Diseases of Animals, and Annex 1924
1. Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986

- provides for the control of animals and plants for the protection of industry based on the use of the land for agriculture

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Animal Health Section

Flemington St Frewville

Phone: 8207 7888

Fax: 8207 7852

The Department administers policies of containment or quarantine when certain diseases in animals are identified. There are international standards on biological control agents used to deal with animal and plant control.

Under Commonwealth law:

The Australian Quarantine and Inspection Service undertakes measures to protect Australia from contagious diseases in animals by:

- pest surveillance;

- quarantine leaflets;

- protocol on biological control agents;

- international standards for phytosanitary measures.

Homepage: http://www.dpie.gov.au/aqis/homepage/public/bulletin/96archive/96dec.html

AQIS Adelaide Office

8 Butler Place Adelaide

Phone: 8305 9700

Fax: 8305 9825

Freecall: 1800 018 318

 

2. Meat Hygiene Act 1980

- provides for standards in the quality of meat for human consumption

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Meat Hygiene Unit

Phone: 8207 7888

The Department implements international standards required by the Convention by having a list of diseases which when present in livestock means that the meat is not fit for human consumption.

Under Commonwealth law:

The AQIS requires certain meat inspection standards, which can include the identification of the contamination of meat by using growth hormones in animals. The Australian Quarantine and Inspection Service undertakes measures to protect Australia from unhygienic meat by:

- pest surveillance;

- quarantine leaflets;

- protocol on biological control agents;

- international standards for phytosanitary measures.

Homepage: http://www.dpie.gov.au/aqis/homepage/public/bulletin/96archive/96dec.html

AQIS Adelaide Office

8 Butler Place Adelaide

Phone: 8305 9700

Fax: 8305 9825

Freecall: 1800 018 318

 

3. Prevention of Cruelty to Animals Act 1985

- places responsibilities on the owners of animals or a person who injures an animal to prevent the animal from suffering

Committed to:

Minister for Environment and Heritage

GPO Box 1047 Adelaide SA 5001

Administrative Unit:

Animal Welfare Section

Phone: 8204 9176

Query: This Act has no direct link to the Convention, but could relate to how an animal is treated when it is suffering from a contagious disease to which the convention relates?

 

4. Livestock Act 1997

- deals with the interstate movement of animals

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Agricultural Industries

Flemington St, Frewville

Phone: 8303 7722

The Department has standards and testing requirements to ensure that diseases do not pass over state borders through livestock.

 

2. International Plant Protection Convention 1951
1. Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986

- provides for the control of animals and plants for the protection of industry based on the use of the land for agriculture

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Field Crop Industries Section

Phone: 8226 0404

The Act, like the Convention deals with the control of pests and diseases in plant matter. However, the Convention deals with the controlling of pests and diseases of plants so that the diseases do not pass beyond national boundaries.

Under Commonwealth law:

There are standards in the international transportation of plant matter. The AQIS has jurisdiction over these matters. The SA government used to be an agent for the Commonwealth in these matters, but the Commonwealth has repealed this authority. In the area of plant quarantine there are uniform standards throughout Australia as administered by the AQIS.

The Australian Quarantine and Inspection Service undertakes measures to protect Australia from pests and diseases in plants by:

- pest surveillance;

- quarantine leaflets;

- protocol on biological control agents;

- international standards for phytosanitary measures.

Homepage: http://www.dpie.gov.au/aqis/homepage/public/bulletin/96archive/96dec.html

AQIS Adelaide Office

8 Butler Place Adelaide

Phone: 8305 9700

Fax: 8305 9825

Freecall: 1800 018 318

 

2. Botanic Gardens and State Herbarium Act 1978

- relates to the conservation of plants

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Botanic Gardens and State Herbarium Section

North Tce, Adelaide

Phone: 8228 2311

The Act is not directly related to the treaty, but it covers similar issues, such as the control of pests and diseases in plants.

 

3. National Parks and Wildlife Act 1972

- establishes the National Parks and Wildlife Service to administer the Act, which provides that the Governor may by proclamation constitute as a reserve any specified Crown land for the purpose of conserving wildlife or natural or historic features of the land, while at the same time permitting limited utilisation of natural resources of that land

also Wilderness Protection Act 1992

Committed to:

Minister for Environment and Heritage

Administrative Unit:

National Parks and Wildlife Service

Phone: 8204 9000

Fauna and Flora Protection and Conservation Branch

Phone: 8204 8777

The Act has schedules of protected plants, however this is not directly linked to the Convention as the Act only deals with conservation of plants within Reserves.

 

4. Native Vegetation Act 1991

- provides incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; controls the clearance of native vegetation and makes provision in respect of related matters

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Native Vegetation Management

Phone: 8204 8888

The protection of plants under the Native Vegetation Act is not directly linked to the Convention, as the Act only applies to plants native to South Australia. However, the Act, like the Convention, aims to stop the movement of plants from their natural habitat. The Act provides penalties for removal of native plants.

 

5. Fruit and Plant Protection Act 1992

- provides for the protection of fruits and plants from diseases and pests (such as fruit fly) by imposing strict controls on the import of fruit and plants into the State; also provides for a plan of eradication and control.

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Plant Quarantine Unit

Phone: 8269 4500

 

3. Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971 (Ramsar)
1. National Parks and Wildlife Act 1972

- establishes the National Parks and Wildlife Service to administer the Act, which provides that the Governor may by proclamation constitute as a reserve any specified Crown land for the purpose of conserving wildlife or natural or historic features of the land, while at the same time permitting limited utilisation of natural resources of that land

(also Wilderness Protection Act 1992)

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Natural Resources Policy

Phone: 82049254

Coorong National Park

Princes Highway, Meningie

Phone: (08) 8575 1200

The Commonwealth Government has commissioned management plans for the Coorong and Lower Lakes region that corresponds with Australia's obligations under Ramsar. There are currently four Ramsar sites listed in South Australia. Each management plan will have a different outcome due to the different needs of each different site. The Commonwealth relies on the States to plan and manage the Ramsar sites, although it provides funds for the project and some assistance. The management plans are within the Ramsar framework. The process to finalise a management plan involves community consultation in both formal and informal programs. Anyone in the community who is interested in the issue can participate at the informal level, which involves the organisational committee presenting talks about the plans. On a more formal level the Minister has appointed a number of groups that she wants included on the committee. These groups include the Conservation Council, the Soils Boards, the Farmers Federation and the Tourism Association for the Fleurieu Peninsula. This Committee is called the Community Reference Group for the Coorong and Lower Lakes Ramsar Management Plan.

 

4. Convention for the Protection of the World Cultural and Natural Heritage 1972

Under Commonwealth law:

 

1. World Heritage Properties Conservation Act 1983 (Cth)

Administrative Unit:

Naracoorte Caves Conservation Park

PO Box 134 Nararcoorte 5271

Phone: (08) 8762 2340 or (08) 8762 3412

The Naracoorte Caves is the only World Heritage site in South Australia, and management of the park is in accordance with the treaty obligations. The Park was under a management plan before it was World Heritage listed, as this is required under the National Parks and Wildlife Act for a conservation park. .As the Park has recognised international status it has the most secure status possible under the National Parks and Wildlife Act. Action is being taken to elevate the status of the Park to a National Park.

The management plan for the Park was revised when it became a World Heritage site and was prepared in consultation with both the Commonwealth and State governments. The Park still falls within the National Parks and Wildlife Act, as it was a conservation park before it was declared a World Heritage site and a conservation park cannot be abolished, except by resolution of both houses of South Australian parliament. The management plan is still in draft form and is waiting approval.

The management plan recognises the duties required under the Convention, such as the on-going obligation to report the integrity of listed properties to IUCN. The management objectives for the Park include:

- to protect and preserve the natural World Heritage values for which the Park was listed, and also other values including cultural;

- to ensure that through a program of monitoring and research using measurable objectives that impacts from uses and management actions and practices do not adversely affect the values of the Park.

Action that is proposed to be taken includes:

- support ongoing research and encourage new research which provides information of scientific, cultural or cave management value consistent with the obligations to preserve, protect and present the World Heritage values of the Reserve.

The management plan aims to provide a balance between recreation opportunities and the conservation objectives associated with the Park's World Heritage values.

The management plan aims to monitor compliance with obligations under the World Heritage Convention. They also plan to liaise with the World Heritage Unit of Australia to develop an appropriate methodology to identify and monitor key indicators for reporting on the site's World Heritage values. This includes working with the Queensland Riversleigh Fossil Mammal Sites World Heritage Area.

The public interest is represented through the Upper South East Consultative Committee convened under the auspices of the Department of Environment and Heritage.

The management plans also aims to provide advice to the Minister for Environment and Heritage SA, as the Minister is part of the Ministerial council for the Australian Fossil Mammal Sites World Heritage Properties.

 

5. Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973
1. National Parks and Wildlife Act 1972

- establishes the National Parks and Wildlife Service to administer the Act, which provides that the Governor may by proclamation constitute as a reserve any specified Crown land for the purpose of conserving wildlife or natural or historic features of the land, while at the same time permitting limited utilisation of natural resources of that land

See also wilderness Protection Act 1992

Committed to:

Minister for Environment and Heritage

Administrative Unit:

National Parks and Wildlife Service

Phone: 8204 9000

The National Parks and Wildlife Service complies with the regulations under the Act, which means that they can charge people for taking flora or fauna from a National park. However, they do not directly implement the treaty as it often would not be established whether the person taking the fauna or flora was going to trade internationally with it.

Under Commonwealth law:

 

2. Wildlife Protection (Regulation of Exports and Imports) Act 1982 (Cth)

Administrative Unit:

Australian Quarantine and Inspection Service

SA Office

8 Butler Place Adelaide

Imports Phone: 8305 9752

Export Phone: 8305 9752

Reports can be made to Australian Federal Police

Adelaide Office

Phone: 8419 1811

This Act is implemented by Commonwealth government officials. The Commonwealth imposes restrictions on a range of species that cannot be exported unless they are subject to a management plan.

 

6. Convention on the Conservation of Migratory Species of Wild Animals 1979
1. National Parks and Wildlife Act 1972

- establishes the National Parks and Wildlife Service to administer the Act, which provides that the Governor may by proclamation constitute as a reserve any specified Crown land for the purpose of conserving wildlife or natural or historic features of the land, while at the same time permitting limited utilisation of natural resources of that land

See also Wilderness Protection Act 1992

Committed to:

Minister for Environment and Heritage

Administrative Unit:

National Parks and Wildlife Service

Phone: 8204 9000

Any protection for migratory species is incidental through the conservation of areas of natural significance. The Commonwealth government has released a policy on the principles of biodiversity so that when management plans are being formulated it corresponds to the principles in the policy of basic conservation management.

Under Commonwealth law:

World Heritage Properties Conservation Act 1983 (Cth)

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Naracoorte Caves Conservation Park

PO Box 134 Naracoorte 5271

Phone: (08) 8762 2340 or (08) 8762 3412

 

7. International Convention for the Protection of New Varieties of Plants 1961

Under Commonwealth law:

Plant Breeder's Rights Act 1994 (Cth)

Department of Primary Industries- Registrar of Plant Breeder's Rights

GPO Box 858 Canberra ACT 2601

Phone: (02) 6272 4228

home page: www.dpie.gov.au/agfor/pbr/pbr.html

The 1994 Act was passed to conform with the 1991 revision of the convention. There is no SA office or SA legislation, but there is a SA member of the Plant Breeder's Rights Advisory Committee to represent plant breeders.

Professor Margaret Sedgely

Head, Department of Horticulture, Viticulture and Oenology

University of Adelaide

Waite Campus

Glen Osmond SA 5064

 

8. Convention on Biological Diversity 1992
1. National Parks and Wildlife Act 1972

- establishes the National Parks and Wildlife Service to administer the Act, which provides that the Governor may by proclamation constitute as a reserve any specified Crown land for the purpose of conserving wildlife or natural or historic features of the land, while at the same time permitting limited utilisation of natural resources of that land

See also Wilderness Protection Act 1992

Committed to:

Minister for Environment and Heritage

Administrative Unit:

National Parks and Wildlife Service

Phone: 8204 9000

The Commonwealth government has released a policy on the principles of biodiversity so that when management plans for State areas are being formulated it corresponds to the principles of basic conservation management in the policy.

There has also been a National Strategy for Conserving Australia's Biological Diversity (signed by State and Federal Governments in 1996) which called for greater local government involvement in biodiversity conservation. Some SA Local government are implementing the conservation of biodiversity into their policies. For example, the Burnside City Council established a 'flora and fauna' working group (a committee which included elected members, staff and community representatives) prepared biodiversity strategies which the Council adopted in 1994. The Council has a full-time Environment Officer position. The action taken includes management plans prepared for all Council hills reserves, vegetation restoration and bushfire management by planting more fire-retardant indigenous species.

 

2. Native Vegetation Act 1991

- provides incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; controls the clearance of native vegetation and makes provision in respect of related matters

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Native Vegetation Management

Phone: 8204 8888

The Act has provisions which by retaining native vegetation will assist in the preservation of the biodiversity of the natural environment. The Act is also implemented through local action farm planning by recreating habitat areas and micro-organisms, which is important for biodiversity reasons as well as increasing the productivity of the land.

Under Commonwealth law:

Endangered Species Protection Act 1992 (Cth)

- lists 73 endangered animal species and 226 endangered plant species, also 66 vulnerable animal species and 661 vulnerable plant species

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Fauna and Flora Protection and Conservation

Phone: 8204 8777

The Commonwealth's biodiversity policy is implemented by the State government departments as when management plans are developed there is consideration of the policy. The policy is one of basic conservation management, and protecting species which are at risk of extinction. The State will consider the effect on endangered or vulnerable species when implementing management plans.

 

9. United Nations Convention to Combat Desertification in those Countries experiencing Serious Drought and/or Desertification 1994
1. Soil Conservation and Land Care Act 1989

- one of the objects of the Act is to assist in the conservation of land, soil, vegetation and water needed to prevent and minimise land degradation; also establishes Soil Conservation and Land Care Fund to assist in the funding to further the objects of the Act

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Soil Conservation Council

Soil and Water Environs Centre

Waite Rd, Urrbrae

Phone: 8303 9512

The Department is aware of the implications of the treaty and there are provisions within State policy in accordance with the treaty. The policy outlines planning for farmers to increase their productivity of the land by ensuring that habitat areas are recreated and micro-organisms are present in the soil. Research which is undertaken at the facility aims to prevent the degradation of land through poor land management techniques.

 

10. Agreement for the Protection of Migratory Birds and their Environment 1986 (CAMBA) and
    Agreement for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (JAMBA)
1. National Parks and Wildlife Act 1972

- establishes the National Parks and Wildlife Service to administer the Act, which provides that the Governor may by proclamation constitute as a reserve any specified Crown land for the purpose of conserving wildlife or natural or historic features of the land, while at the same time permitting limited utilisation of natural resources of that land

See also Wilderness Protection Act 1992

Committed to:

Minister for Environment and Heritage

Administrative Unit:

National Parks and Wild life Service

Phone: 8204 9000

Fauna and Flora Protection and Conservation

Phone: 8204 8777

Management plans for the areas protected under CAMBA and JAMBA follow the policy dictated by the Commonwealth in accordance with the Rio Convention on biological diversity. The areas listed in South Australia under these agreements would also be integrated into the management plans of the areas to ensure that the migratory birds are protected.

 

2. Group 2 Atmosphere
1. Vienna Convention for the Protection of the Ozone Layer 1985
1. Environment Protection Act 1993 - Ozone Regulations

- provides for ozone protection by limiting, with a view to phasing out, the manufacture and use of substances that are known to be responsible for depleting the ozone layer

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Environment Protection Authority

Ozone Protection and Greenhouse

Phone: 8204 2024

The Ozone Regulations in the EPA are compatible with the Vienna Convention. The regulations contain controls for businesses and accreditations and exemptions. The EPA is also responsible for circulating codes of practices for businesses that emit ozone depleting substances, such as extra training which is required for workers in the business and special machines which may be required. The EPA follow the ANZECC Strategy for Ozone Protection which was revised in 1994.

The issue of ozone and the greenhouse effect has also been implemented by local governments through Local Agenda 21 programs. An example has been the Whyalla City Council which provided rebates to households which installed solar water heating systems. The State government also provided help in this program by giving a one-off grant to the Whyalla program. the long term aim of the Whyalla program is to have a mandatory obligation for those building new homes to install solar hot water units integrated into Whyalla's development plan.

 

2. United Nations Framework Convention on Climate Change 1992
1. Environment Protection Act 1993

- authority established under the Act advises on setting and enforcing standards in relation to acceptable levels of air pollution and related matters. Lists classes of prescribed activities which require licensing; after approval by the Minister, the Minister may ban the use of incinerators (this is administered by local councils).

Committed to:

Minister for Environment and Heritage

Administrative Unit:

Cleaner Production

Phone: 8204 2000

Resource Management

Phone: 8204 8888

Ozone Protection and Greenhouse

Phone: 8204 2024

Office of Energy Policy

Level 19, 30 Wakefield St, Adelaide

Phone: 8226 5500

Fax: 82265523

Greenhouse gas and energy efficiency targets are to be set for all SA government departments. Cabinet approved the establishment of targets for greenhouse gas emissions and related measures to improve the efficiency of energy use in the public sector on 14 July 1997. The initiative is consistent with the National Greenhouse Response Strategy and the Greenhouse Challenge Program.

The Office of Energy Policy will coordinate the program in consultation with the Department of Environment and Natural Resources. Each agency will work with the Office to develop targets and the methods used to achieve these targets. The program is focusing on energy and gas use, in a cost effective manner. The program has also been targeting schools by promoting an Energy Saving Kit for Schools.

The State Energy Research Advisory Committee (SENRAC) was established by the SA Government to pursue energy research projects. SENRAC's aims include:

- development of renewable energy technologies;

- efficiency of energy supply and end-use technologies in energy and gas;

- while reducing environmental and social impacts.

Department of Environment and Natural Resources - produces a free newsletter called the South Australian Greenhouse News

Editor: Andrew Lothian

GPO Box 1047

Adelaide 5001

Phone: (08) 8204 2047

Fax: (08) 8204 2025

Email: alothian@denr.sa.gov.au

 

2. Electrical Products Act 1988

- The Act declares under s.5 that there is a $5000 penalty for selling a domestic appliance of a prescribed class unless labelled so as to indicate its energy efficiency.

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Office of Energy Policy

Level 19, 30 Wakefield St, Adelaide

Phone: 8226 5500

Fax: 82265523

The Convention has led to the implementation of various policies to reduce the effect on climate change and the depletion of the ozone layer, these include: the sustainable energy policy, and the South Australian greenhouse policy.

The Office of Energy Policy also administers the:

Energy Information Centre

- which educates the public about energy costs and energy efficient appliances, housing etc.

Ground Floor

77 Grenfell Street

Adelaide S.A. 5000

Phone: (08) 8204 1888

Fax: (08) 8204 1880

 

3. Energy Charter Protocol on Energy Efficiency and related Environmental Aspects 1994
1. Electrical Products Act 1988

The Act declares under s.5 that there is a $5000 penalty for selling a domestic appliance of a prescribed class unless labelled so as to indicate its energy efficiency.

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Office of Energy Policy

Level 19, 30 Wakefield St, Adelaide

Phone: 8226 5500

Fax: 82265523

Greenhouse gas and energy efficiency targets are to be set for all SA government departments. Cabinet approved the establishment of targets for greenhouse gas emissions and related measures to improve the efficiency of energy use in the public sector on 14 July 1997. The initiative is consistent with the National Greenhouse Response Strategy and the Greenhouse Challenge Program.

The Office of Energy Policy will coordinate the program in consultation with the Department of Environment and Natural Resources. Each agency will work with the Office to develop targets and the methods used to achieve these targets. The program is focusing on energy and gas use, in a cost effective manner. The program has also been targeting schools by promoting an Energy Saving Kit for Schools.

The State Energy Research Advisory Committee (SENRAC) was established by the SA Government to pursue energy research projects. SENRAC's aims include:

- development of renewable energy technologies;

- efficiency of energy supply and end-use technologies in energy and gas;

- while reducing environmental and social impacts.

The Office of Energy Policy publishes a free monthly newsletter called:

Energy South Australia

The Office of Energy Policy also administers the:

Energy Information Centre

- which educates the public about energy costs and energy efficient appliances, housing etc.

Ground Floor

77 Grenfell Street

Adelaide S.A. 5000

Phone: (08) 8204 1888

Fax: (08) 8204 1880

 

3. Group 3 Marine
1. International Convention for the Regulation of Whaling 1946
1. National Parks and Wildlife Act 1972

- provides for marine parks and their management.

See also Wilderness Protection Act 1992

Committed to:

Minister for Environment and Heritage

Administrative Unit:

National Parks and Wildlife Service

Phone: 8204 9000

Great Australian Bight Marine Park

National Parks Port Lincoln

PO Box 22 Port Lincoln SA 5606

Phone: (08) 8688 3111

Whitewell Ranger Station

Head of the Bight Rd, Camyalta, Higher Ceduna SA 5690

Phone: (08) 8625 6021

In SA there is the Great Australian Bight Marine Park which was established for the purpose of protecting part of the migratory route of the Southern Right Whale. The Southern Right Whales migrate to the Great Australian Bight every year during the calving season. The Blue Whale and the Humpback Whales also pass through the area.

The Marine Parks are required under s.38 of the Act to have a management plan which should present proposals to manage and improve the reserve, to accomplish the objectives of the Act. The management plan has not yet been formally adopted as it still has to be approved by the Minister of Primary Industries and the Minister for Environment and Heritage.

Schedule 7 of the Act lists endangered species, which includes the Blue Whale, the Humpback Whale and the Southern Right Whale. Under s.51(1) of the Act a person must not take a protected animal or the eggs of a protected animal, and in the case of a marine mammal the penalty is $30,000 or imprisonment for 2 years.

 

2. Fisheries Act 1982

- protects certain fish and aquatic habitats, and restricts access and activities within an aquatic reserve; also makes it an offence to introduce, import or sell certain species of exotic fish

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Fisheries Department

16th Floor

25 Grenfell St Adelaide

Phone: 8226 2311

The Act under s.41A(1) declares it an offence to "kill, injure or molest" a marine mammal. The Act addresses the management of marine parks and protects the boundaries of the marine park by declaring it an offence to engage in any fishing activity in a marine park unless provided otherwise by regulations or pursuant to a permit under this section. Commercial fishing is restricted in the area of the Great Australian Bight Marine Park, especially during the calving season.

Under Commonwealth law:

National Parks and Wildlife Conservation Act 1975 (Cth)

The Commonwealth is proposing to declare the adjacent Commonwealth waters to the Great Australian Bight Marine Park a National Park under this Act. This plan is presently at the stage where the Commonwealth is reviewing submissions.

 

2. International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and
3. International Convention for the Prevention of Pollution from Ships 1973
1. Pollution of Waters by Oil and Noxious Substances Act 1987

- protects the sea from the harmful effects of substances specified in the Act and entitles the Minister to recover form the offending party any costs associated with the cleaning up of such pollution. This legislation implements Annexes I and II of the Convention.

Committed to:

Minister for Transport and Urban Planning

33 Warwick St Walkerville

Phone: 8343 2222

Fax: 8343 2585

Web page: http://dino.slsa.sa.gov.au/sagov/agencies/dtr/dotindex.htm

 

2. Petroleum (Submerged Lands) Act 1982

- provides for the protection of the sea-bed from pollution from oil-drilling and related activities carried out in the State's territorial sea.

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Petroleum and Mineral Exploration Division

Phone: 8274 7624

The Act is not used much in practice as SA has only had one petroleum exploration which falls within the Act, in the last ten years. The implementation involves management plans which are similar to those under the Petroleum Act 1940. The petroleum and mining industry has standards which they place on companies engaging in these activities. The process that is undertaken to obtain a licence involves a company being required to engage in a program of community consultation with both government environmental groups and also community environmental groups. The activities that the company is undertaking must be submitted to the government. Once the company starts to mine or undertake exploration of an area they must declare the environmental factors involved in the area, define the environmental outcomes that are necessary for the particular area, and adopt an appropriate management plan.

 

3. Environment Protection Act 1993

- the Environment Protection Authority is responsible for protecting the marine environment by mandating methods to prevent, or control and mitigate the effects of, pollution.

Committed to:

Minister for Environment and Heritage

Administrative Unit:

EPA Marine Pollution

Phone: 8204 2029

The Environment Protection Authority has developed an Environment Protection Marine Policy which deals with the pollution of marine waters. The Policy cites the Pollution of Waters by Oil and Noxious Substances Act 1987 to set the criterion values for high risk compound.

 

4. Public and Environmental Health Act 1987

- protects the sea from pollution by substances specified in the Act and makes it an offence to discharge into the State's waters

Committed to:

Minister for Human Services

Administrative Unit:

SA Health Commission

Environmental Health Branch

1st Floor 162 Grenfell St, Adelaide 5000

Phone: 8226 7177

Fax: 8226 7102

The EPA generally deals with the issue of marine pollution, the SA Health Commission would only be involved if there was an effect on the potability of water, which is an unlikely scenario for marine pollution.

 

5. Fisheries Act 1982

- protects certain fish and aquatic habitats, and restricts access and activities within an aquatic reserve; also makes it an offence to introduce, import or sell certain species of exotic fish

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Fisheries Department

16th Floor

25 Grenfell St Adelaide

Phone: 8226 2311

Part 5 of the Fisheries (General) Regulations 1984 states a list of what substances cannot be discharged, released or deposited into the waters of the State.

 

6. Environment Protection (Sea Dumping) Act 1984

- object of the Act is to prevent pollution of marine waters by regulating the dumping of specified wastes from vessels through a system of permits and licences; creates offences and penalties for unauthorised or excessive sea dumping. The Act directly implements the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter as it is appended to the Act as Schedule 1.

As at Feb 1998 The Act has not yet been proclaimed, but may be shortly.

Committed to:

Minister for Transport and Urban Planning

33 Warwick St Walkerville

Phone: 8343 2222

Fax: 8343 2585

Web page: http://dino.slsa.sa.gov.au/sagov/agencies/dtr/dotindex.htm

Under Commonwealth law:

Australian Marine Safety Authority

- ensures that Ships comply with the provisions of the treaty by undertaking inspections of ships at SA ports.

Web-page: http://www.amsa.gov.au/

SA Office:

215 Victoria Rd

Largs Bay

Phone: 8407 3910

Fax: 8449 3444

 

4. Convention for the Conservation of Southern Bluefin Tuna

This treaty relates to SA as Southern Bluefin Tuna are harvested off the State's coastline. The Commonwealth has jurisdiction over the Southern Bluefin Tuna, and there is no SA legislation to regulate the management of the tuna.

Under Commonwealth law:

Fisheries Management Act 1991 (Cth)

The Commonwealth Government has released Fisheries Management (Southern Bluefin Tuna Fishery) Regulations and the Southern Bluefin Tuna Fishery Management Plan 1995. The plan provides for the management of fisheries by Statutory Fishing Rights. The plan applies to commercial fishing, and does not apply to recreational fishing or fishing from charter boats as these matters are governed under the State's jurisdiction.

 

5. Agreement for the Implementation of the Provisions of the United nations Convention on the Law of the Sea of 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1995
1. Fisheries Act 1982

- protects certain fish and aquatic habitats, and restricts access and activities within an aquatic reserve; also makes it an offence to introduce, import or sell certain species of exotic fish

Committed to:

Minister for Primary Industries, Natural Resources and Regional Development

Administrative Unit:

Fisheries Department

16th Floor

25 Grenfell St Adelaide

Phone: 8226 2311

 

4. Group 4 Hazardous Substances
1. International Convention on Civil Liability for Oil Pollution Damage 1969

There is no SA legislation which is directly relevant to the treaty, but see:

 

1. Pollution of Waters by Oil and Noxious Substances Act 1987

- protects the sea from the harmful effects of substances specified in the Act and entitles the Minister to recover form the offending party any costs associated with the cleaning up of such pollution

Committed to:

Minister for Transport and Urban Planning

33 Warwick St Walkerville

Phone: 8343 2222

Fax: 8343 2585

Web page: http://dino.slsa.sa.gov.au/sagov/agencies/dtr/dotindex.htm

 

2. Convention on the Physical Protection of Nuclear Material 1980
1. Radiation Protection and Control Act 1982

- provides for the control of activities related to radioactive substances and radiation apparatus, and for protection against the harmful effects of radiation

Committed to:

Minister for Human Services

Administration Unit:

SA Health Commission

Radiation Protection Branch

2nd Floor 61 Hindmarsh Square Adelaide Phone: 8226 6520

The Convention only relates to a small fraction of nuclear materials. The legislation is incidental to the treaty and deals with requirements of secure storage of radioactive materials.

 

3. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989

There is no SA legislation which deals with the international movement of hazardous waste, but within SA the:

 

1. Environment Protection Act (1993)

- the EPA issues licences for the transport of hazardous wastes. Certain conditions need to be met before a licence will be issued, such as minimum standards for vehicles transporting the waste and the place that is receiving the waste also has to be licensed.

Committed to:

Minister for Environment and Heritage

Administrative Unit:

EPA Hazardous Waste

Phone: 8204 2033

At the moment there is movement towards national consistency concerning the movement of hazardous wastes. A National Environment Protection Measure is being developed to deal with the interstate transport of hazardous waste, as at the moment different states have different regulations concerning the movements of hazardous waste. SA presently has a fairly stringent system in the area of transport of hazardous waste. There is a transport certificate system in place and vehicles must be approved under strict standards before they can carry hazardous waste. It is believed that when the NEPM is administered that SA standards will have to undergo only minor changes because of its strict present system.

 

5. Group 5 Management Tools
1. Agenda 21

Responsible Minister:

Minister for Environment and Heritage

Administrative Unit:

South Australian Partnership for Local Agenda 21

- established in 1995 it is a partnership between the Department for Environment and Natural Resources and the Local Government Association. The purpose of the partnership was to provide assistance and support to Local Governments undertaking Local Agenda 21 programs. Five councils in SA have joined the partnership and have successfully commenced Local Agenda 21 programs and produced LA21 Environmental Management Plans and/or policies. Another 11 Councils have made a commitment to implement LA21 programs.

Issues which may be addressed in a LA21 include:

- waste management

- catchment management

- cleaner production and green jobs

- urban design

- coastal management

- biodiversity

- environmental education

- alternative modes of transport

- air quality

The SA Department of Environment and Natural Resources has published Guidelines for the Development of a Local Environment Policy by Local Government. These guidelines have been used to assist the LA21 planning process in SA. The guidelines are presently being updated to include advice on how to develop a LA21 program and case study the outcomes of the LA21 programs being undertaken in SA. There is also a LA21 Network which is an information sharing forum for Local and State government staff involved in LA21 programs.

For more information on the SA Partnership for LA21 contact:

Maggie Hine

Local Agenda 21 Project Officer

Public Communications Branch

Department for Environment and Natural Resources

GPO Box 1047

Adelaide SA 5001

Phone: (08) 8204 9284

Fax: (08) 8204 9334

Email: mhine@denr.sa.gov.au

Ross Manthorpe

Environment Resource Officer

Local Government Association of SA

16 Hutt St

Adelaide SA 5000

Phone: (08) 8224 2043

Fax: (08) 8232 6336

Email: Ross.Manthorpe@lga.sa.gov.au

Partnership for Local Agenda 21 also publish a newsletter called grapevine, which shares information between Local and State Governments on what is happening in LA21 Programs.

Other SA legislation which relates to the management of international treaties includes:

 

1. National Environment Protection Council (SA) Act 1995

- s.15 provides that the NEP Council "must have regard to ...... relevant international agreements to which Australia is a party" when making NEPMs."

 

2. Environment Protection Act 1993

- s.28A (1) When a national environment protection measure (NEPM) comes into operation under the prescribed national scheme laws, the measure automatically comes into operation as an Environment Protection Policy (EPP)under SA law.

These acts are both committed to:

Minister for Environment and Heritage

Administrative Unit:

Environmental Policy

Phone: 8204 9254

EPA Policy Branch

Phone: 8204 2003

From these two acts it can be inferred that as relevant international treaties must be considered in NEPMs and these NEPMs then become an automatic policy of the EPA, all relevant treaties are influential in SA law.

 

3. Administrative Decisions (Effect of International Instruments) Act 1995

- the Act provides that there is no legitimate expectation on the part of citizens that bureaucrats or ministers will have regard to treaties when making decisions.

Committed to:

Attorney-General

Mercantile Mutual Centre

45 Pirie St, Adelaide

Phone: 8207 1555

Fax: 8207 1736

Note: This is the SA "anti-Teoh" law.

 

6. Non Government Organisations

 

1. NGO's which apply to all groups

Conservation Council of SA Inc.

120 Wakefield St Adelaide

Phone: 8223 5155

Fax: 232 4782

Email: concouncilsa@peg.apc.org

- is a non-government umbrella organisation representing approximately 60 member groups whose main purpose is conservation and protection of the environment. The role of the Conservation Council is to facilitate representation on conservation and environmental issues to all three levels of government on behalf of their member groups and other concerned members of the community. The council liases with industry, government departments, unions, community organisations and all political parties. The Council also has a comprehensive conservation and environment reference library including books, journals, reports, planning applications, management plans, environmental impact statements, State and Federal Hansards, videos, slides, maps, Acts of Parliament, newspaper clippings files.

Australian Conservation Foundation

120 Wakefield Street, Adelaide SA 5000

Phone: 8223 5155

Fax: 8232 4782

Email: concouncilsa@peg.apc.org

- part of a national organisation campaigning on a broad spectrum of environment and conservation issues with an interest in SA issues

 

2. Group 1 Terrestrial Conservation

Wilderness Society

(SA Branch) GPO Box 1734, Adelaide SA 5001

- aims to promote and secure the future of the wilderness; to promote those ideas and actions which will enhance human understanding, enjoyment and protection of the natural environment

Association of South-East Field Naturalists' Societies

c/-PO Box 406, Millicent SA 5280

- federation of five south-east Field Naturalists Club studying and encouraging the conservation of natural flora and fauna

Soil Association of SA

GPO Box 2497 Adelaide SA 5001

- promoting organic farming and gardening; investigating the link between the health of soil and plants, animals and humans.

National Trust of SA

452 Pulteney St, Adelaide SA 5000

- aims to conserve both natural and built heritage

Bird Care and Conservation Society

PO Box 617 Gawler SA 5118

- rescuing and caring of sick and orphaned birds in conjunction with the RSPCA and the National Parks and Wildlife Service

Trees for Life

SA Branch Brookway Drive, Campbelltown SA 5074

- organisation which aims to promote and assist the revegetation of SA and the protection of its remnant vegetation through propagating and planting of trees, plants and shrubs by volunteers

Nature Conservation Society of SA

120 Wakefield St, Adelaide 5000

- protection of wildlife and natural habitats, wise use of resources, and the maintenance of a healthy living environment

Friends of Goolwa and Kumarangk

Box 358, Goolwa, SA 5124

- aims to ensure the permanent conservation and environmental wellbeing of Goolwa, Kumarangk and other areas of significance in the Coorong - Murray Mouth area (especially relevant to the Ramsar Convention as the Coorong area is a Ramsar listed site)

SA Ornithological Association

c/-SA Museum, North Tce, Adelaide SA 5000

- study and conservation of Australian Birds.

Royal Zoological Society of South Australia

c/- Zoological Gardens, Frome Rd, Adelaide 5000

- aim is to educate the public regarding the worldwide conservation of flora and fauna

 

3. Group 2 Atmosphere

Rail 2000 Inc.

PO Box 8229 Adelaide SA 5000

- Rail 2000 promotes rail as the preferred transport mode for the 21st century. Rail transport is more energy efficient than road transport, and is crucial to the conservation of fossil fuels and the long-term reduction of Greenhouse gas emissions

Australian and New Zealand Solar Energy Society

SA Branch

26 Lutana Grove, Dernancourt SA 5075

- promoting research, development and widespread use of solar energy

Bicycle Institute of South Australia

GPO Box 792, Adelaide SA 5001

- BISA is a non-profit voluntary community group working for the safety and welfare of all cyclists, encouraging appropriate city planning to further the use of bicycles as a viable means of transport. Engages in the advocacy and interaction with the State Bicycle Committee, local government and the State government.

People for Public Transport

c/- 120 Wakefield Street Adelaide 5000

- promoting the use and development of public transport so that it becomes the preferred mode of transport compared to the private car.

Urban Ecology Australia

Box 3040, Rundle Mall, Adelaide 5000

- to provide an independent, community-based focus for coordinating and advocating action to transform existing human settlements in the direction of ecological integration, health, and social vitality and equity

 

4. Group 3 Marine

Surfrider Foundation

(SA Branch) PO Box 205 Brighton SA 5048

- committed to defending diversity of coastal environments, restoring and enhancing of wave riding opportunities and environmental education

Marine and Coastal Community Network

2 Hamra St West Beach

Mobile Phone: 019 678 869

- aims to conserve the marine environment and SA's coastlines.

 

5. Group 4 Hazardous Substances

no known NGO's exclusively in this group

 

6. Group 5 Management Tools

Urban Ecology Australia

Box 3040, Rundle Mall, Adelaide 5000

- to provide an independent, community-based focus for coordinating and advocating action to transform existing human settlements in the direction of ecological integration, health, and social vitality and equity

 

7. Government Email Addresses:

SA Department of Environment and Natural Resources:

mshaw@denr.sa.gov.au

SA Department of Primary Industries

ministers.office@pi.sa.gov.au

SA Department of State Development

premier@dpc.sa.gov.au

Department of Transport and Urban Planning

cynthia.richardson@roads.sa.gov.au

 

8. Some relevant Web Pages

Environmental Resources Information network (ERIN)

http://kaos.erin.gov.au/

SA Department of Environment and Natural Resources

http://www.denr.sa.gov.au/

Australian Conservation Foundation

http://www.peg.apc.org/

Greenpeace Australia

http://www.sofcom.com.au/Greenpeace/index.html

SA Department of Transport and Urban Planning

http://dino.slsa.sa.gov.au/sagov/agencies/dtr/dotindex.htm

SA Health Commission

http://www.health.sa.gov.au/

 

9. Other addresses: