Issue Date: Jan 14 / Subject Matter Expert: DEPA
Review Date: July 14
Purpose of this Document
This document provides guidance on the minimum requirements for preparing an Environmental Report (ER) for the Department of Defence.
What is an Environmental Report (ER)?
An ER evaluates the potential environmental impacts of a Defence action, the significance of those impacts and any relevant management measures to avoid, minimise or offset environmental harm.
ER’s have replaced Initial Environmental Reviews (IERs) and Environmental Scoping Studies (ESSs). An ER does not replace a more detailed Environmental Impact Assessment, Environmental Impact Study or Public Environment Report. ER’s are not the sole document pathway for environmental impact assessment in Defence – but they will be the most common starting point for major projects or those actions likely to disturb environmental or heritage values on the Defence estate.
An ER determines whether significant impacts on matters protected by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are likely to occur as a result of the Defence action. The ER therefore informs Defence’s position on whether the action requires formal referral to the Australian Government Minister for the Environment (the Environment Minister). The ER also assists Defence determine whether the action requires more detailed impact assessment. Note that these two outcomes can be independent of each other – Defence may commission further studies without ultimately referring the action in question and Defence may also refer the action at this point without conducting any further impact assessments. Where a referral is required, the information prepared for the ER will form the basis of the referral.
Similar to IERs and ESSs, the preparation of an ER usually involves a desk-based review of existing documentation. However, an important distinction in the move to ERs is that it will not be uncommon to include targeted surveys. The surveys may be included in the scope of work for the ER or may be recommended by the consultant undertaking the ER (see Do’s section on page 3 for further information).
Matters protected under Part 3 of the EPBC Act and requiring consideration within an ER include:
§ World Heritage properties (refer to sections 12 and 15A of the EPBC Act);
§ National Heritage places (sections 15B and 15C);
§ Wetlands of international importance (Ramsar) (sections 16 and 17B);
§ Listed threatened species and communities (sections 18 and 18A);
§ Listed migratory species (sections 20 and 20A);
§ Protection of the environment from nuclear actions (sections 21 and 22A);
§ Commonwealth marine environment (sections 23 and 24A);
§ Great Barrier Reef Marine Park (sections 24B and 24C);
§ The environment, if the action involves Commonwealth land (sections 26 and 27A), including:
o actions that are likely to have a significant impact on the environment of Commonwealth land (even if taken outside Commonwealth land), and
o actions taken on Commonwealth land that may have a significant impact on the environment generally.
§ Commonwealth Heritage places outside the Australian jurisdiction (sections 27B and 27C); and
§ The environment, if the action is undertaken by a Commonwealth agency (section 28).
The development of an ER must include use of the following Australian Government resources:
§ Department of the Environment (DoE) policy statement titled Significant Impact Guidelines 1.1 – Matters of National Environmental Significance (hereafter SIG 1.1).
§ DoE policy statement titled Significant Impact Guidelines 1.2 Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies (hereafter SIG 1.2).
§ DoE interactive mapping tool (the Protected Matters Search tool) to identify known EPBC protected matters relevant to the action (results of the search should be attached as an Appendix in the ER).
§ DoE website, which provides extensive information on threatened species, ecological communities, survey methodologies, permitting requirements and other environmental aspects covered under the EPBC Act.
§ Defence Estate Quality Management System (DEQMS) website[1], which provides resources on Defence environmental policies and registers, base zone plans and other environmental quality assurance documentation.
§ Environmental Planning Implementation Tool (EPIT), which provides information on the existing reports available for each Defence site across Australia. The EPIT tool can be found at http://intranet.defence.gov.au/estatemanagement/planning/document_directory/epit/main.htm. Access to Defence’s electronic filing system (referred to as ‘Objective’) via the Defence Restricted Network (DRN) is required to access the EPIT.
§ Senior Environment Managers (SEM) or Regional Environmental Officers (REO) for each Defence site affected by the project, who can provide information on the site, detail other relevant impact assessments and input generally into the environmental considerations for the project.
What information does an ER need to contain?
The ER must contain the information as outlined in this guidance document.
While this document will guide the scope of the ER, it should not be seen as exhaustive or limiting. If during the preparation of the ER, previously unforeseen matters not addressed in this guidance document are found to be relevant, those matters are to be included in the main body of the ER.
The Do’s and Don’ts of an ER
Do:
ü Do contact the Directorate of Environmental Protection and Assessment (DEPA) at the beginning of the contract to discuss the proposed action and the ER. This is particularly important for actions that affect multiple sites or actions that are mobile.
ü Do submit to Defence an ER that has been critically peer reviewed.
ü Do provide an ER written in plain English with limited technical terminology. Where required, discussions on technical matters are expected to utilise accurate terminology relevant to each particular field of science and consider including a glossary.
ü Do provide an ER that is as concise as possible without omitting critical information. The ER must be ‘to the point’ with key messages presented up-front.
ü Do provide a significant impact self-assessment for each matter protected by Part 3 of the EPBC Act.
ü Do provide an ER that has clear and definitive recommendations and conclusions.
ü Do provide an ER that is comprehensive, accurate and defensible in a court of law. The methodology to achieve this must be robust and repeatable. The basis for each finding and recommendation, including significance determinations, should be stated clearly and concisely.
ü Do include all of the sections outlined in the ER content guidance below.
ü Do discuss the project with DEPA at your earliest convenience if you perceive an opportunity to close out the environmental impact assessment process for a Defence action by conducting additional straightforward surveys or analyses, the findings of which could be incorporated into the ER. Tender documentation for future ER’s will include a milestone requirement for the consultant to discuss this matter with DEPA prior to delivery of a draft ER.
ü Do be mindful that the ER may end up supporting a referral and become accessible to the general public.
ü Stick closely to the layout of the ER template. Where it is necessary to include a lot of text under a particular heading, it is appropriate to either use subheadings or include an executive summary of the relevant information and include the balance as an attachment (such as a heritage or ecological impact report).
Don’t:
û Don’t over-scope the ER by pursuing irrelevant or marginal issues.
û Don’t submit an ER that has large ‘cut and paste’ sections from previous reports.
û Don’t be overly repetitive in the ER or bury key messages in lengthy commentaries.
û Don’t leave out sections of the ER report just because it has been labelled ‘Draft’. Draft ER reports must contain all sections outlined in the ER content guidance below.
û Don’t pre-empt a decision by Defence to prepare more substantial environmental impact documents after the ER. Whilst the ER may recommend this (and Defence may support it), the ER must stand on its own merits as Defence may conclude its impact assessment process for any given action at this point.
û Don’t depart substantially from the format of the ER as laid out in this template without seeking Defence’s concurrence.
Supporting Documentation
Documentation relied upon to support the analysis, recommendations and conclusions, such as environmental reports and the results of targeted surveys, including heritage assessments, should be referenced within and attached to the ER. Large attachments may be provided in digital form only, provided they are adequately referenced within the ER.
Coloured maps, figures or photographs that help explain the action, its location or the analysis should also be submitted with the ER. Figures and maps should be of a high quality. Maps should be at a scale that clearly shows the location of the proposed action and any relevant environmental factors.
Deliverables
All spatial data generated or modified for the ER, such as monitoring data and maps, must be done in a manner consistent with the Defence Spatial Data Management Plan (in particular, Chapter 13 Environmental Data), which is available on the DEQMS website. Monitoring data, maps and associated data files (e.g. shape files, CAD files) must be provided to DEPA on a disk with the final ER.
A map/aerial photograph depicting the physical area covered by the ER must be provided unless otherwise agreed by Defence. This requirement does not apply to capability acquisition projects provided that adequate written descriptions are given for any typical or envisaged use scenarios.
Both the draft and final ERs must be provided to Defence in an unlocked Portable Document Format (PDF) and Microsoft Word format (compatible with version 2003). The consultant must also ensure that the consultant's name, logo and any other identifying material has been removed from the Contract Material.
STRUCTURE AND CONTENT OF AN ENVIRONMENTAL REPORT
The structure of an Environmental Report is provided in a table of contents below. Refer to Annex A for further instructions on how to address each heading.
PROJECT TITLEEXECUTIVE SUMMARY
ABBREVIATIONS AND DEFINITIONS
1 SUMMARY OF PROPOSED ACTION
1.1 Description of the action
1.2 Locality and property description
1.3 Size of the development footprint or work area
1.4 Time frame
1.5 Alternatives to taking the action
1.6 Alternative locations, time frames or activities that form part of the action
1.7 A staged development or component of a larger action
1.8 Relationship of the action to other developments or actions
2 METHODS
2.1 General
2.2 Environmental risk assessment
3 CONTEXT
3.1 Context, planning framework, legislation and policy requirements
3.2 Previous environmental impact assessment
3.3 Consultation
4 DESCRIPTION OF ENVIRONMENT
5 MEASURES TO AVOID OR REDUCE IMPACTS
6 EPBC ACT SIGNIFICANT IMPACT TESTS AND PERMITS
6.1 Matters of National Environmental Significance
6.1(a) World Heritage properties
6.1(b) National Heritage places
6.1(c) Wetlands of international importance (declared Ramsar wetlands)
6.1(d) Listed threatened species and ecological communities
6.1(e) Listed migratory species
6.1(f) The Great Barrier Reef Marine Park
6.1(g) Nuclear action
6.1(h) Commonwealth marine areas
6.2 The whole of environment on Commonwealth land or Commonwealth agency action
6.2(a) Impacts on landscapes and soils
6.2(b) Impacts on coastal landscapes and processes
6.2(c) Impacts on ocean forms, ocean processes and ocean life
6.2(d) Impacts on a water resource
6.2(e) Pollutants, chemicals, and toxic substances
6.2(f) Impacts on plants
6.2(g) Impacts on animals
6.2(h) Impacts on people and communities
6.2(i) Impacts on heritage
7 OTHER COMMONWEALTH OBLIGATIONS UNDER THE EPBC ACT
7.1(a) Critical Habitat
7.1(b) Recovery and Threat Abatement Plans
7.1(c) Wildlife Conservation Plans
7.1(d) World Heritage Areas
7.1(e) Ramsar Wetlands
7.1(f) Biosphere Reserves
7.2(g) Commonwealth Reserves
8 EPBC ACT PERMIT REQUIREMENTS
9 SUMMARY AND RECOMMENDATIONS ON THE LIKELIHOOD OF SIGNIFICANT IMPACTS
10 CONCLUSION
11 REFERENCES
12 ATTACHMENTS AND APPENDICES
- Specific information for listed marine species
- Specific information for Commonwealth heritage values
Defending Australia and its National Interests
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ANNEX A
STRUCTURE AND CONTENT OF AN ENVIRONMENTAL REPORT
Instructions for the users of this guideline are provided in green. If the þ icon appears next to a section, it is mandatory that this information is provided. The acronym NfC – Not for Capability - will identify those sections not to be completed for capability acquisition ERs (henceforth referred to as capability ERs). Please note that the construction/alteration/demolition of facilities associated with a capability project (for example new storage or range facilities) will be treated as a standard infrastructure project.
þ PROJECT TITLEþ EXECUTIVE SUMMARY
This section should provide a concise summary of the ER. It should read as a stand-alone document that provides a broad overview of the whole report, including methodology, results and recommendations, highlighting the main issues associated with the action and the proposed mitigation and management measures to avoid or minimise potential impacts.
þ ABBREVIATIONS AND DEFINITIONS
þ 1 SUMMARY OF THE ACTION
Maps clearly showing the expected location and boundaries of the action and alternatives considered (if applicable) should be provided in this section. The maps should clearly show land tenures and the extent of any surveys/field investigations undertaken as part of the ER.
Where the action is at an early development stage or where certain elements of the action are yet to be determined – such as the size of vegetation to be cleared, the Training Area where the action is to take place or the specific model of a capability acquisition – the ER must utilise as much information as is available. The ER must identify which information may change as the action progresses through the design phase and the consequence of this change in terms of environmental impact (to the extent this can be forecast).
þ / 1.1 Description of the action
Provide a description of the proposed action, including its current status, as well as all relevant activities and aspects of the action that have the potential to impact on the environment. Include figures and/or attachments as appropriate. Include a site plan where relevant.
þ / 1.2 Locality and property description
Provide a brief physical description of the site (or site options) that the action will impact upon (i.e. study area). Provide a description of the regional context of the study area, as well as a description of the Defence Base/s (and precinct if known) or Training Area/s where the action will take place. Capability ERs must respond to this requirement to the extent that information is available and must also present typical usage scenarios.