Australia
INTERGOVERNMENTAL AGREEMENT ON THE ENVIRONMENT
1992

AN AGREEMENT made the 1st day of May one thousand nine hundred and 
ninety two


BETWEEN

THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part,
THE AUSTRALIAN CAPITAL TERRITORY  of the eighth part,
THE NORTHERN TERRITORY OF AUSTRALIA of the ninth part,
THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION  of the tenth part.


WHEREAS

On 31 October 1990, Heads of Government of the Commonwealth, 
States and Territories of Australia, and representatives of Local 
Government in Australia, meeting at a Special Premiers' Conference 
held in Brisbane, agreed to develop and conclude an 
Intergovernmental Agreement on the Environment to provide a 
mechanism by which to facilitate:

o	a cooperative national approach to the environment;

o	a better definition of the roles of the respective 
governments;

o	a reduction in the number of disputes between the 
Commonwealth and the States and Territories on environment 
issues;

o	greater certainty of Government and business decision 
making;  and

o	better environment protection;


AND WHEREAS the Parties to this Agreement


ACKNOWLEDGE the important role of the Commonwealth and the States 
in relation to the environment and the contribution the States can 
make in the development of national and international policies for 
which the Commonwealth has responsibilities;


RECOGNISE that environmental concerns and impacts respect neither 
physical nor political boundaries and are increasingly taking on 
interjurisdictional, international and global significance in a 
way that was not contemplated by those who framed the Australian 
Constitution;


RECOGNISE that the concept of ecologically sustainable development 
including proper resource accounting provides potential for the 
integration of environmental and economic considerations in 
decision making and for balancing the interests of current and 
future generations;


RECOGNISE that it is vital to develop and continue land use 
programs and co-operative arrangements to achieve sustainable land 
use and to conserve and improve Australia's biota, and soil and 
water resources which are basic to the maintenance of essential 
ecological processes and the production of food, fibre and 
shelter;


ACKNOWLEDGE that the efficiency and effectiveness of 
administrative and political processes and systems for the 
development and implementation of environmental policy in a 
Federal system will be a direct function of:-

(i)	the extent to which roles and responsibilities of the 
different levels of Government can be clearly and 
unambiguously defined;

(ii)	the extent to which duplication of functions between 
different levels of Government can be avoided;

(iii)	the extent to which the total benefits and costs of 
decisions to the community are explicit and transparent;

(iv)	the extent to which effective processes are established for 
co-operation between governments on environmental issues; 
and

(v)	the extent to which responsible Governments are clearly 
accountable to the electorate for the development and 
implementation of policy; and


ACKNOWLEDGE that in the development and implementation of 
environmental policy it is necessary to accommodate the regional 
environmental differences which occur within Australia;



THE PARTIES AGREE AS FOLLOWS:


SECTION 1 - APPLICATION AND INTERPRETATION

1.1	"Commonwealth" means the Commonwealth of Australia.

1.2	"States" means a State or Territory named as a party to this 
Agreement.

1.3	"Local Government" means a Local Government body established 
by or under a law of a State other than a body the sole or 
principal function of which is to provide a particular 
service (such as the supply of electricity or water).

1.4	"Australian Local Government Association" means the 
Federation of State-wide Local Government Associations of 
the States, constituted by Local Government bodies.

1.5	A reference in this Agreement to the words "give full faith 
and credit" to the results of mutually approved or 
accredited systems, practices, procedures or processes, 
means that the Commonwealth and the States acting in 
accordance with the laws in force in their jurisdictions, 
will accept and rely on the outcomes of that system or the 
practices, procedures or processes, as the case may be, as a 
basis for their decision making.  In making the decision to 
accredit a system or practices, procedures or processes, the 
Commonwealth or the States may make provision for how 
unforeseeable circumstances or flawed execution may be taken 
into account.  A decision to accept and rely on the outcome 
does not preclude the Commonwealth or the States taking 
factors into account in their decision making, other than 
those dealt with in that system or those practices, 
procedures or processes.

1.6	A reference to a Ministerial Council in this Agreement is a 
reference not to the Ministerial Council as such but to the 
Australian members of that Council acting separately from 
that Council pursuant to this Agreement.

1.7	Commonwealth responsibilities under this Agreement include 
ensuring adherence as far as practicable within the External 
Territories and the Jervis Bay Territory.

1.8	Any matters under this Agreement which are the 
responsibility of the Norfolk Island Assembly under the 
Norfolk Island Act 1979 will be referred by the Commonwealth 
to the Norfolk Island Government for its consideration.

1.9	In relation to each of its external Territories and the 
Territory of Jervis Bay, the Commonwealth has, subject to 
paragraphs 1.7 and 1.8 the same responsibilities and 
interests as each State has in relation to that State under 
paragraph 2.3.

1.10	Section 2.2.3 of this Agreement should be read subject to 
the Australian Capital Territory (Planning and Land 
Management) Act 1988.

1.11	The Commonwealth, the States and the Australian Local 
Government Association acknowledge that while the 
Association is a party to this Agreement, it cannot bind 
local government bodies to observe the terms of this 
Agreement.  However in view of the responsibilities and 
interests of local government in environmental matters and 
in recognition of the partnership established between the 
three levels of government by the Special Premiers 
Conference process, the Commonwealth and the States have 
included the Australian Local Government Association as a 
party to this Agreement and included references in the 
Agreement to local government and all levels of government.

1.12	The States will consult with and involve Local Government in 
the application of the principles and the discharge of 
responsibilities contained in this Agreement to the extent 
that State statutes and administrative arrangements 
authorise or delegate responsibilities to Local Government, 
and in a manner which reflects the concept of partnership 
between the Commonwealth, State and Local Governments.

1.13	Questions of interpretation of this Agreement are to be 
raised in the first instance in the appropriate Ministerial 
Council(s) after consultation by the Chair of the 
Ministerial Council with the President of the  Australian 
Local Government Association where appropriate.  Where these 
mechanisms do not resolve the interpretation, the matter 
will be dealt with by reference from the Ministerial 
Council(s) to First Ministers.


SECTION 2 - ROLES OF THE PARTIES - RESPONSIBILITIES AND INTERESTS

2.1 RESPONSIBILITIES AND INTERESTS OF ALL PARTIES

2.1.1	The following will guide the parties in defining the roles, 
responsibilities and interests of all levels of Government 
in relation to the environment and in particular in 
determining the content of Schedules to this Agreement.

2.2 RESPONSIBILITIES AND INTERESTS OF THE COMMONWEALTH

2.2.1	The responsibilities and interests of the Commonwealth in 
safeguarding and accommodating national environmental 
matters include:

	(i)	matters of foreign policy relating to the environment 
and, in particular, negotiating and entering into 
international agreements relating to the environment 
and ensuring that international obligations relating 
to the environment are met by Australia;

	(ii)	ensuring that the policies or practices of a State do 
not result in significant adverse external effects in 
relation to the environment of another State or the 
lands or territories of the Commonwealth or maritime 
areas within Australia's jurisdiction (subject to any 
existing Commonwealth legislative arrangements in 
relation to maritime areas).

	(iii)	facilitating the co-operative development of national 
environmental standards and guidelines as agreed in 
Schedules to this Agreement.

2.2.2	When considering its responsibilities and interests under 
paragraph 2.2.1(ii), the Commonwealth will have regard to 
the role of the States in dealing with significant adverse 
external effects as determined in 2.5.5 of this Agreement, 
and any action taken pursuant to 2.5.5.

2.2.3	The Commonwealth has responsibility for the management 
(including operational policy) of living and non-living 
resources on land which the Commonwealth owns or which it 
occupies for its own use.

2.3 RESPONSIBILITIES AND INTERESTS OF THE STATES

2.3.1	Each State will continue to have responsibility for the 
development and implementation of policy in relation to 
environmental matters which have no significant effects on 
matters which are the responsibility of the Commonwealth or 
any other State.

2.3.2	Each State has responsibility for the policy, legislative 
and administrative framework within which living and non 
living resources are managed within the State.

2.3.3	The States have an interest in the development of 
Australia's position in relation to any proposed 
international agreements (either bilateral or multilateral) 
of environmental significance which may impact on the 
discharge of their responsibilities.

2.3.4	The States have an interest and responsibility to 
participate in the development of national environmental 
policies and standards.

2.4 RESPONSIBILITIES AND INTERESTS OF LOCAL GOVERNMENT

2.4.1	Local Government has a responsibility for the development 
and implementation of locally relevant and applicable 
environmental policies within its jurisdiction in co-
operation with other levels of Government and the local 
community.

2.4.2	Local Government units have an interest in the environment 
of their localities and in the environments to which they 
are linked.

2.4.3	Local Government also has an interest in the development and 
implementation of regional, Statewide and national policies, 
programs and mechanisms which affect more than one Local 
Government unit.

2.5 ACCOMMODATION OF INTERESTS

2.5.1	Between the States and the Commonwealth

2.5.1.1	Where there is a Commonwealth interest in an 
environmental matter which involves one or more 
States, that interest will be accommodated as follows:

		(i)	the Commonwealth and the affected States will 
cooperatively set outcomes or standards and 
periodically review progress in meeting those 
standards or achieving those outcomes;  or

		(ii)	where outcomes or standards are impractical or 
inappropriate, the Commonwealth may approve or 
accredit a State's practices, procedures, and 
processes;  or

		(iii)	where the Commonwealth does not agree that State 
practices, procedures or processes are 
appropriate, the Commonwealth and the States 
concerned will endeavour to agree to 
modification of those practices, procedures and 
processes to meet the needs of both the 
Commonwealth and the States concerned;

		(iv)	where agreement is reached between the 
Commonwealth and a State under (iii) the 
Commonwealth will approve or accredit that State 
practice, procedure or process.

2.5.1.2	Where it has approved or accredited practices, 
procedures or processes under 2.5.1.1 the Commonwealth 
will give full faith and credit to the results of such 
practices, procedures or processes when exercising 
Commonwealth responsibilities.

2.5.1.3.	Where a State considers that its interests can be 
accommodated by approving or accrediting Commonwealth 
practices, procedures or processes, or an agreed 
modified form of those practices, procedures or 
processes, a State may enter into arrangements with 
the Commonwealth for that purpose.

2.5.1.4	Where a State has approved or accredited practices, 
procedures or processes under 2.5.1.3 that State will 
give full faith and credit to the results of such 
practices, procedures or processes when exercising 
State responsibilities.

2.5.1.5	The Commonwealth and the States note that decisions on 
major environmental issues taken at one level of 
government may have significant financial implications 
for other levels of government and agree that 
consideration will be given to these implications 
where they are major or outside the normal discharge 
of legislative or administrative responsibilities of 
the level of government concerned.

2.5.1.6	Clause 2.5.1.5 applies to each of the Schedules to 
this Agreement.

2.5.2	International Agreements

2.5.2.1	The parties recognise that the Commonwealth has 
responsibility for negotiating and entering into 
international agreements concerning the environment.  
The Commonwealth agrees to exercise that 
responsibility having regard to this Agreement and the 
Principles and Procedures for the Commonwealth-State 
Consultation on Treaties as agreed from time to time.  
In particular, the Commonwealth will consult with the 
States in accordance with the Principles and 
Procedures, prior to entering into any such 
international agreements.

2.5.2.2	The Commonwealth will, where a State interest has 
become apparent pursuant to the Principles and 
Procedures and subject to the following provisions not 
being allowed to result in unreasonable delays in the 
negotiation, joining or implementation of 
international agreements:

		(i)	notify and consult with the States at the 
earliest opportunity on any proposals for the 
development or revision of international 
agreements which are relevant to Australia and 
which relate to the environment and will take 
into account the views of the States in 
formulating Australian policy, including 
consultation on issues relating to roles, 
responsibilities and costs;

		(ii)	when requested, include in appropriate cases, a 
representative or representatives of the States 
on Australian delegations negotiating 
international agreements related to the 
environment.  Any such representation will be 
subject to the approval of the Minister for 
Foreign Affairs and Trade, and will, unless 
otherwise agreed, be at the expense of the 
States;

		(iii)	prior to ratifying or acceding to, approving or 
accepting any international agreement with 
environmental significance, consult the States 
in an effort to secure agreement on the manner


in which the obligations incurred should be 
implemented in Australia, consistent with the 
roles and responsibilities established pursuant 
to this Agreement.

2.5.2.3	The States will establish and advise the Commonwealth 
on the appropriate channels of communication, and 
persons responsible for consultation, to ensure that 
the Commonwealth can discharge its international 
responsibilities in a timely manner.

2.5.2.4	When ratifying, or acceding to, approving or accepting 
any international agreement with environmental 
significance, the Commonwealth will consider, on a 
case by case basis, making the standard Federal 
Statement on ratification, accession, approval or 
acceptance.

2.5.3	Mechanisms for Determining Commonwealth Interests

2.5.3.1	Where a State wishes to determine whether or not an 
environmental matter in that State will involve the 
interests of the Commonwealth and is not covered by 
any established processes, that State may request the 
Commonwealth to indicate whether that matter is a 
matter of Commonwealth interest.

2.5.3.2	On receipt of a request from a State, the Commonwealth 
will consult with that State.  If the Commonwealth 
requires further information it will seek such 
information within six weeks.  The Commonwealth will, 
as soon as possible, or in any event within eight 
weeks after the receipt of the original request, or 
six weeks after the provision of the further 
information, as the case may be, notify the State 
whether or not it considers that the matter does 
involve Commonwealth interests.  If it does involve 
Commonwealth interests, the Commonwealth will notify 
all other States of the basis and scope of its 
interest.

2.5.3.3	Where the Commonwealth wishes to determine whether or 
not a State agrees that an environmental matter in 
that State involves the interests of the Commonwealth, 
it may seek advice from the State concerned and the 
State and the Commonwealth will, if necessary, enter 
into discussions on the matter within four weeks after 
the State receives the request for advice.

2.5.3.4	The Commonwealth and the States recognise the 
importance of responding to requests made under 
2.5.3.1 and 2.5.3.3 in the shortest possible time.

2.5.3.5	Where there is disagreement as to whether or not there 
is a Commonwealth interest in an environmental matter, 
the Commonwealth and the States concerned will use 
their best endeavours to resolve the disagreement at 
First Minister level.

2.5.4	Duplication of Interests

2.5.4.1	With a view to eliminating functional duplication, 
wherever the interests of a level of Government have 
been accommodated, the relevant levels of Government 
will review the need and justification for retaining 
any comparable processes or institutions.

2.5.4.2	Where some duplication or overlap of interests between 
levels of government is unavoidable, the relevant 
levels of Government will seek clear and distinct 
liaison and consultative procedures, under mechanisms 
to be agreed at First Minister level, such as 
Ministerial Councils, to coordinate and harmonise 
actions and to avoid disputes.

2.5.4.3	Any review under clause 2.5.4.1 or liaison and 
consultation procedures under 2.5.4.2 will be guided 
by the need to work towards simplicity, certainty and 
transparency in the mechanisms relevant to the 
development and implementation of environmental 
policy, consistent with the maintenance of proper 
environmental protection.

2.5.5	Between the States

2.5.5.1	Where the policies, programs, projects, legislation or 
regulations of a State may affect the environment of 
another State or States, the States undertake to 
provide timely notification to any affected State, and 
appropriate consultation in relation to those 
policies, programs, projects, legislation or 
regulations.

2.5.5.2	Wherever significant adverse external effects on 
another State are expected or identified, the relevant 
States will use their best endeavours to establish 
appropriate mechanisms for ensuring cooperative 
management.

2.5.5.3	Where the States are directly and cooperatively 
involved with the management of significant adverse 
external effects and one or more of the States 
considers that one or more of the other States are not 
adequately discharging their management 
responsibilities, the State or States concerned will 
endeavour to resolve expeditiously any issue of 
disagreement or concern.

2.5.5.4	The States will if necessary determine what mechanism 
or process should be employed to resolve any 
disagreement or matter of concern, which mechanism or 
process may include inviting the Commonwealth to 
assist in the resolution of the matter.

2.5.6	National Interest

	Notwithstanding the particular responsibilities of the 
Commonwealth in safeguarding and accommodating national 
environmental matters, the parties agree that all levels of 
Government have a responsibility to ensure that matters of 
national interest are properly taken into account in their 
activities.


SECTION 3 - PRINCIPLES OF ENVIRONMENTAL POLICY

3.1	The parties agree that the development and implementation of 
environmental policy and programs by all levels of 
Government should be guided by the following considerations 
and principles.

3.2	The parties consider that the adoption of sound 
environmental practices and procedures, as a basis for 
ecologically sustainable development, will benefit both the 
Australian people and environment, and the international 
community and environment.  This requires the effective 
integration of economic and environmental considerations in 
decision-making processes, in order to improve community 
well-being and to benefit future generations.

3.3	The parties consider that strong, growing and diversified 
economies (committed to the principles of ecologically 
sustainable development) can enhance the capacity for 
environmental protection.  In order to achieve sustainable 
economic development, there is a need for a country's 
international competitiveness to be maintained and enhanced 
in an environmentally sound manner.

3.4	Accordingly, the parties agree that environmental 
considerations will be integrated into Government decision-
making processes at all levels by, among other things:

	(i)	ensuring that environmental issues associated with a 
proposed project, program or policy will be taken into 
consideration in the decision making process;

	(ii)	ensuring that there is a proper examination of matters 
which significantly affect the environment; and

	(iii)	ensuring that measures adopted should be cost-
effective and not be disproportionate to the 
significance of the environmental problems being 
addressed.

3.5	The parties further agree that, in order to promote the 
above approach, the principles set out below should inform 
policy making and program implementation.

3.5.1	precautionary principle -

	Where there are threats of serious or irreversible 
environmental damage, lack of full scientific certainty 
should not be used as a reason for postponing measures to 
prevent environmental degradation.

	In the application of the precautionary principle, public 
and private decisions should be guided by:

	(i)	careful evaluation to avoid, wherever practicable, 
serious or irreversible damage to the environment; and

	(ii)	an assessment of the risk-weighted consequences of 
various options.

3.5.2	intergenerational equity -

	the present generation should ensure that the health, 
diversity and productivity of the environment is maintained 
or enhanced for the benefit of future generations.

3.5.3	conservation of biological diversity and ecological 
integrity -

	conservation of biological diversity and ecological 
integrity should be a fundamental consideration.

3.5.4	improved valuation, pricing and incentive mechanisms -

	.	environmental factors should be included in the 
valuation of assets and services

	.	polluter pays i.e. those who generate pollution and 
waste should bear the cost of containment, avoidance, 
or abatement

	.	the users of goods and services should pay prices 
based on the full life cycle costs of providing goods 
and services, including the use of natural resources 
and assets and the ultimate disposal of any wastes

	.	environmental goals, having been established,  should 
be pursued in the most cost effective way, by 
establishing incentive structures, including market 
mechanisms, which enable those best placed to maximise 
benefits and/or minimise costs to develop their own 
solutions and responses to environmental problems.


SECTION 4 - IMPLEMENTATION AND APPLICATION OF PRINCIPLES

4.1	The Schedules to this Agreement deal with specific areas of 
environmental policy and management and form part of this 
Agreement.  The schedules have been prepared and are to be 
interpreted in accordance with Sections 1, 2 and 3 of this 
Agreement.

4.2	Nothing in this Agreement will affect any existing 
intergovernmental agreement between the Commonwealth and a 
State or States, or between the States, unless alterations 
or amendments to those agreements are proposed in accordance 
with any existing review process and/or any review process 
arising as a result of this Agreement.

4.3	For each particular Schedule included in this Agreement, the 
Commonwealth and the States undertake to nominate an agency 
or Ministry to assume primary responsibility within its 
jurisdiction for the issues covered in the Schedule and to 
inform the other parties accordingly.

4.4	Where not otherwise provided in the Schedules, existing 
intergovernmental arrangements will be the primary 
mechanisms for the cooperative application of the provisions 
of this Agreement.


SECTION 5 - REVIEW

5.1	The operation of this Agreement will be reviewed every three 
years by the presentation of a report from the relevant 
Ministerial Councils to the First Ministers following 
consultation by the Chair of the Ministerial Council with 
the President of the Australian Local Government 
Association.

5.2	The Agreement may be amended and schedules added by 
agreement of all First Ministers.  Prior to making 
amendments in relation to matters specified in this 
Agreement, or developing any draft schedules, that involve 
local government, First Ministers will consult and seek the 
agreement of the President of the Australian Local 
Government Association.



IN WITNESS WHEREOF this Agreement has been respectively signed for 
and on behalf of the parties as at the day and year first above 
written.


SIGNED by the Honourable PAUL			)
JOHN KEATING, Prime Minister			)
of the Commonwealth of Australia		)


SIGNED by the Honourable			)
NICHOLAS FRANK GREINER, Premier		)
of the State of New South Wales		)


SIGNED by the Honourable JOAN			)
ELIZABETH KIRNER, Premier of the		)
State of Victoria					)


SIGNED by the Honourable WAYNE		)
KEITH GOSS, Premier of the State		)
of Queensland					)


SIGNED by the Honourable CARMEN		)
MARY LAWRENCE, Premier of the State		)
of Western Australia				)


SIGNED by the Honourable JOHN			)
CHARLES BANNON, Premier of the		)
State of South Australia			)


SIGNED by the Honourable RAYMOND		)
JOHN GROOM, Premier of the State		)
of Tasmania						)


SIGNED by ROSEMARY FOLLETT			)
Chief Minister of the				)
Australian Capital Territory			)


SIGNED by the Honourable MARSHALL		)
BRUCE PERRON, Chief Minister			)
of the Northern Territory			)


SIGNED by Councillor GRAEME			)
BLATCHFORD FRECKER, President			)
of the AUSTRALIAN LOCAL				)
GOVERNMENT ASSOCIATION				)





SCHEDULE 1

DATA COLLECTION AND HANDLING

1.	The parties agree that the collection, maintenance and 
integration of environmental data will assist in efficient 
and effective environmental management and monitoring.

2.	The development of consistent standards for the description 
and exchange of all land-related information will be 
coordinated and fostered by the Australian Land Information 
Council in conjunction with Standards Australia and 
specialist groups where needed.

3.	In order to avoid overlap and duplication in the collection 
and maintenance of all land-related data, the Australian 
Land Information Council will facilitate the coordination of 
intergovernmental arrangements (including appropriate 
financial arrangements) and provide mechanisms to make the 
data more accessible across all levels of government and the 
private sector.  Any arrangements entered into will detail 
the circumstances in which the exchange and ongoing sharing 
of data is appropriate.  The intergovernmental arrangements 
will be submitted to First Ministers for their approval no 
later than twelve months after the execution of this 
Agreement.

4.	The collection of data on natural resources should, where 
possible, be integrated from the outset, in order to avoid 
the difficulties inherent in collating data collected with 
different methodologies and in different conditions.

5.	The Australian Land Information Council, (through the 
National Resources Information Centre and the Environmental 
Resources Information Network where appropriate) will 
consult with the relevant national co-ordination bodies and, 
through its members, with Commonwealth and State 
jurisdictions, to ensure the development and maintenance of 
comprehensive directories of natural resource and 
environmental spatial datasets and to develop and maintain 
national natural resource data standards.


SCHEDULE 2

RESOURCE ASSESSMENT, LAND USE DECISIONS AND
APPROVAL PROCESSES

1.	The parties agree that the concept of ecologically 
sustainable development should be used by all levels of 
Government in the assessment of natural resources, land use 
decisions and approval processes.

2.	The parties agree that it is the role of government to 
establish the policy, legislative and administrative 
framework to determine the permissibility of any land use, 
resource use or development proposal having regard to the 
appropriate, efficient and ecologically sustainable use of 
natural resources (including land, coastal and marine 
resources).

3.	The parties agree that policy, legislative and 
administrative frameworks to determine the permissibility of 
land use, resource use or development proposals should 
provide for -

	(i)	the application and evaluation of comparable, high 
quality data which are available to all participants 
in the process;

	(ii)	the assessment of the regional cumulative impacts of a 
series of developments and not simply the 
consideration of individual development proposals in 
isolation;

	(iii)	consideration of the regional implications, where 
proposals for the use of a resource affect several 
jurisdictions;

	(iv)	consultation with affected individuals, groups and 
organisations;

	(v)	consideration of all significant impacts;

	(vi)	mechanisms to resolve conflict and disputes over 
issues which arise during the process;

	(vii)	consideration of any international or national 
implications.

4.	The development and administration of the policy and 
legislative framework will remain the responsibility of the 
States and Local Government.  The Commonwealth has an 
interest in ensuring that these frameworks meet its 
responsibilities and interests as set out in this Agreement.  
The Commonwealth will continue to co-operate with the States 
in agreed programs.

5.	Within the policy, legislative and administrative framework 
applying in each State, the use of natural resources and 
land, remain a matter for the owners of the land or 
resources, whether they are Government bodies or private 
persons.

6.	To ensure that State land and resource use planning 
processes properly address matters of Commonwealth interest, 
a State may refer its land and resource use planning system 
and its development approval process to the Commonwealth for 
a preliminary view, as to whether its system or process can 
be accredited as accommodating Commonwealth interests.  In 
the event that the Commonwealth is of the view that the 
processes are inadequate to accommodate the Commonwealth 
interest, then the State will consider whether it wishes to 
review and modify the systems and processes and will consult 
with the Commonwealth on terms of reference for such a 
review.

7.	A State will consult Local Government where appropriate, 
when undertaking any review of its land and resource use 
planning systems and/or development approval processes 
pursuant to this Agreement.

8.	Where the Commonwealth has accredited a system or process 
within a State, the Commonwealth will give full faith and 
credit to the results of that system or process when 
exercising Commonwealth responsibilities.

9.	Within twelve months of the execution of this Agreement, the 
parties agree to reconsider the matters contained in this 
Schedule with a view to incorporating any relevant findings 
of the ecologically sustainable development process.


SCHEDULE 3

ENVIRONMENTAL IMPACT ASSESSMENT

1.	The parties agree that it is desirable to establish 
certainty about the application, procedures and function of 
the environmental impact assessment process, to improve the 
consistency of the approach applied by all levels of 
Government, to avoid duplication of process where more than 
one Government or level of Government is involved and 
interested in the subject matter of an assessment and to 
avoid delays in the process.

2.	The parties agree that impact assessment in relation to a 
project, program or policy should include, where 
appropriate, assessment of environmental, cultural, 
economic, social and health factors.

3.	The parties agree that all levels of Government will ensure 
that their environmental impact assessment processes are 
based on the following:

	(i)	the environmental impact assessment process will be 
applied to proposals from both the public and private 
sectors;

	(ii)	assessing authorities will provide information to give 
clear guidance on the types of proposals likely to 
attract environmental impact assessment and on the 
level of assessment required;

	(iii)	assessing authorities will provide all participants in 
the process with guidance on the criteria for 
environmental acceptability of potential impacts 
including the concept of ecologically sustainable 
development, maintenance of human health, relevant 
local and national standards and guidelines, 
protocols, codes of practice and regulations;

	(iv)	assessing authorities will provide proposal specific 
guidelines or a procedure for their generation 
focussed on key issues and incorporating public 
concern together with a clear outline of the process;

	(v)	following the establishment of specific assessment 
guidelines, any amendments to those guidelines will be 
based only on significant issues that have arisen 
following the adoption of those guidelines;

	(vi)	time schedules for all stages of the assessment 
process will be set early on a proposal specific 
basis, in consultations between the assessing 
authorities and the proponent;

	(vii)	levels of assessment will be appropriate to the degree 
of environmental significance and potential public 
interest;

	(viii)proponents will take responsibility for preparing the 
case required for assessment of a proposal and for 
elaborating environmental issues which must be taken 
into account in decisions, and for protection of the 
environment;

	(ix)	there will be full public disclosure of all 
information related to a proposal and its 
environmental impacts, except where there are 
legitimate reasons for confidentiality including 
national security interests;

	(x)	opportunities will be provided for appropriate and 
adequate public consultation on environmental aspects 
of proposals before the assessment process is 
complete;

	(xi)	mechanisms will be developed to seek to resolve 
conflicts and disputes over issues which arise for 
consideration during the course of the assessment 
process;

	(xii)	the environmental impact assessment process will 
provide a basis for setting environmental conditions, 
and establishing environmental monitoring and 
management programs (including arrangements for 
review) and developing industry guidelines for 
application in specific cases.

4.	A general framework agreement between the Commonwealth and 
the States on the administration of the environmental impact 
assessment process will be negotiated to avoid duplication 
and to ensure that proposals affecting more than one of them 
are assessed in accordance with agreed arrangements.

5.	The Commonwealth and the States may approve or accredit 
their respective environmental impact assessment processes 
either generally or for specific purposes.  Where such 
approval or accreditation has been given, the Commonwealth 
and the States agree that they will give full faith and 
credit to the results of such processes when exercising 
their responsibilities.


SCHEDULE 4

NATIONAL ENVIRONMENT PROTECTION MEASURES

General Purpose

1.	The Commonwealth and the States acknowledge that there is 
benefit to the people of Australia in establishing national 
environment protection standards, guidelines, goals and 
associated protocols (hereinafter referred to as 'measures') 
with the objectives of ensuring:

	(i)	that people enjoy the benefit of equivalent protection 
from air, water and soil pollution and from noise, 
wherever they live;

	(ii)	that decisions by business are not distorted and 
markets are not fragmented by variations between 
jurisdictions in relation to the adoption or 
implementation of major environment protection 
measures.

	Any proposed measures must be examined to identify economic 
and social impacts and to ensure simplicity, efficiency and 
effectiveness in administration.

National Environment Protection Authority

2.	The Commonwealth and the States agree to set up a 
Ministerial Council to be called the National Environment 
Protection Authority.  Each State and the Commonwealth will 
nominate a Minister to be a member of the Ministerial 
Council, with the Commonwealth Minister to chair the Council 
and decisions to be made by a two thirds majority of the 
members of the Ministerial Council.

3.		The Authority is to be assisted and supported by:

	(i)	a standing committee of officials, with one 
representative being nominated to the committee by 
each member of the Authority and an observer nominated 
by the President of the Australian Local Government 
Association who will seek and present the views of the 
Association.  Each member is entitled to be 
accompanied by other persons who may be able to assist 
with the deliberations of the committee.  Members of 
the committee will ensure that the Authority has 
access to appropriate scientific and technical advice 
on environmental matters and on the economic and 
social impacts of the matters considered by the 
Authority;

	(ii)	a permanent Executive Officer appointed to a statutory 
office under the legislation establishing the 
Authority;

	(iii)	appropriate personnel seconded or otherwise provided 
by the parties to conduct continuing or specialist ad 
hoc tasks, as required by the Authority.

4.	The Authority and the statutory office of Executive Officer 
is to be established by agreed Commonwealth legislation and 
recognised by agreed complementary State legislation.

National Environment Protection Authority's Powers and Process

5.	The Authority may establish measures for the protection of 
the environment for the benefit of the people of Australia, 
for:

	(i)	ambient air quality;

	(ii)	ambient marine, estuarine, and freshwater quality;

	(iii)	noise related to protecting amenity where variations 
in measures would have an adverse effect on national 
markets for goods and services;

	(iv)	general guidelines for the assessment of site 
contamination;

	(v)	the environmental impacts associated with hazardous 
wastes;

	(vi)	motor vehicle emissions;

	(vii)	the reuse and recycling of used materials;

	and shall monitor and report on their implementation and 
effectiveness.

6.	In determining whether to adopt standards, guidelines or 
goals, the Authority will consider which is the most 
effective means to achieve the required national 
environmental outcomes.  The Authority will also take into 
account existing intergovernmental mechanisms in relation to 
such measures.

7.	The Authority will develop national motor vehicle emission 
and noise standards in conjunction with the National Road 
Transport Commission.  **

8.	The standards, guidelines or goals will be interpreted and 
applied in accordance with agreed protocols on such matters 
as requirements for monitoring and auditing.

9.	To facilitate effective and timely public consultation, 
draft measures, including timetables for implementation 
where relevant, will be published by the Authority.

10.	Publication of such drafts will be accompanied by an impact 
statement which includes -

	(i)	the environmental objectives and reasons for the 
measures and the environmental impact of not adopting 
those measures;

	(ii)	alternatives considered to achieve the desired 
environmental objectives and the reasons for their 
non-adoption;

	(iii)	an assessment of the economic and social impact on the 
community and industry as a result of establishing the 
measures;

	(iv)	the manner in which any regional environmental 
differences in Australia have been addressed in the 
development of the measures.

11.	The Authority will notify the public of the availability of 
the draft measures and the associated impact statement and 
invite comment thereon within a specified time.

12.	When finalising any measures, the Authority will give 
consideration to the impact statement and any comment 
received on the draft measures or the impact statement.

13.	The Commonwealth undertakes to table in its Parliament (in 
accordance with the Commonwealth's existing practices in 
relation to delegated legislation) all measures established 
by the Authority, and to use its best endeavours to ensure 
their acceptance by the Commonwealth Parliament.

14.	The tabling of any measures in the Commonwealth Parliament 
will be accompanied by an impact statement covering the 
matters referred to in clause 10 and a summary of public 
comment received and the response to those comments.

15.	Either House of the Commonwealth Parliament can disallow any 
measure established by the Authority within a specified 
time.

16.	The Commonwealth and the States agree to develop for 
consideration by First Ministers under clause 23, 
legislation which will enable the Commonwealth and State 
Parliaments to authorise the Authority to establish any 
measures.  The legislation will also establish mechanisms 
for the application of measures in the States.  The 
legislation will ensure that any measures established by the 
Authority -

	(a)	will apply, as from the date of the commencement of 
the measure, throughout Australia, as a valid law of 
each jurisdiction; and

	(b)	will, subject to clause 20, replace any existing 
measures dealing with the same matter.

Implementation, Enforcement, Impact and Reporting in Relation to 
National Measures

17.	The Commonwealth and the States will be responsible for the 
attainment and maintenance of agreed national standards or 
goals and compliance with national guidelines within their 
respective jurisdictions through appropriate mechanisms such 
as Commonwealth and State environment protection bodies.

18.	The Commonwealth and the States agree to establish a uniform 
hierarchy of offences and related penalty structures to 
apply to breaches of any requirements applied under any 
agreed law for the purposes of complying with the standards, 
guidelines or goals.

19.	The measures established and adopted in accordance with the 
above procedure will not prevent the Commonwealth or a State 
from introducing more stringent measures to reflect specific 
circumstances or to protect special environments or 
environmental values located within its jurisdiction 
provided there has been consultation with the Authority.

20.	Nothing in this Agreement will prevent a State or the 
Commonwealth maintaining existing more stringent standards 
which are in effect at the date when the Authority comes 
into existence.

21.	The Commonwealth and the States will prepare an annual 
report on the measures they adopt to attain and maintain the 
standards, guidelines, goals or protocols established 
pursuant to this Agreement and submit that report by 30 
September each year to the Authority.

22.	The Authority will prepare an annual report which includes 
the reports received from the Commonwealth and the States.  
The annual report will be tabled in all Parliaments, through 
the respective Ministers who are members of the Authority.

Action to Implement Agreements in the Schedule

23.	Within twelve months of the execution of this Agreement the 
Working Group on Environmental Policy will, for the 
consideration of First Ministers:

	(i)	prepare draft legislation to implement the agreements 
reached in this Schedule; and

	(ii)	develop arrangements for consultation with relevant 
Commonwealth and State authorities, the Australian 
Local Government Association, and Ministerial 
Councils.

24.	The Working Group on Environmental Policy will, when 
submitting the draft legislation to First Ministers, also 
submit a report on the financial arrangements necessary to 
give effect to the agreements set out in this Schedule.

25.	Once the legislation referred to in clause 23 has been 
agreed to by First Ministers, the Commonwealth and the 
States will submit to their Parliaments, and take such steps 
as are appropriate to secure the passage of, the Bills 
containing this legislation.

Definitions

26.		For the purposes of this Schedule:

	(i)	a standard is a quantifiable characteristic of the 
environment against which environmental quality is 
assessed.  Standards are mandatory.

	(ii)	a goal is a desired environmental outcome adopted to 
guide the formulation of strategies for the management 
of human activities which may affect the environment;

	(iii)	a guideline provides guidance on possible means of 
meeting desired environmental outcomes.  Guidelines 
are not mandatory.

	(iv)	a protocol is the description of a process to be 
followed in measuring environmental characteristics to 
determine whether a standard or goal is being achieved 
or the extent of the differential between the measured 
characteristic and a standard or goal.


SCHEDULE 5

CLIMATE CHANGE

1.	The parties acknowledge the potentially significant impact 
of greenhouse enhanced climate change on Australia's 
natural, social and working environment, as well as on the 
global community and global environments.  The parties 
accept and support the need for Australia to participate in 
the development of an effective international response to 
meet the challenge of greenhouse enhanced climate change and 
note Australia's participation in the development of an 
international convention on climate change.

2.	The parties note their endorsement of the decision to adopt 
an interim planning target to stabilise greenhouse gas 
emissions (not controlled by the Montreal Protocol on 
Substances that Deplete the Ozone Layer) based on 1988 
levels, by the year 2000 and reducing these emissions by 20% 
by the year 2005.  The parties reiterate their support, as 
agreed in October 1990, for the interim planning target to 
form the basis of development of the National Greenhouse 
Response Strategy, subject to Australia not implementing 
response measures that would have net adverse economic 
impacts nationally or on Australia's trade competitiveness, 
in the absence of similar action by major greenhouse gas 
producing countries.  The parties agree that assessment of 
the implementation of the National Greenhouse Response 
Strategy against this agreed objective will be reviewed at 
Special Premiers' Conferences.

3.	The parties reiterate that a National Greenhouse Response 
Strategy based on the interim planning target must include 
positive measures for:

	.	limiting emissions of all greenhouse gases, not 
controlled by the Montreal Protocol on Substances that 
Deplete the Ozone Layer;

	.	conducting further research;

	.	adapting to the impacts of climate change; and

	.	ensuring that the community understands the need for 
early action on measures to reduce greenhouse gas 
emissions.

	The parties also agree that such a strategy should include 
measures for auditing and reporting on national greenhouse 
gas emissions.

4.	Taking into account regional differences, the parties 
recognise that development and implementation of the 
National Greenhouse Response Strategy will require 
coordinated and effective action by all levels of government 
and the community to achieve equitable and ecologically 
sustainable solutions.

5.	The parties agree that First Ministers have ultimate 
responsibility for intergovernmental considerations of and 
final decisions on the National Greenhouse Response 
Strategy.

6.	To facilitate the preparation of the National Greenhouse 
Response Strategy, the parties agree to establish a National 
Greenhouse Steering Committee.

7.	The National Greenhouse Steering Committee will have the 
following responsibilities:

	(i)	to facilitate the development and co-ordination of an 
overall framework for the National Greenhouse Response 
Strategy;

	(ii)	to consult with the Standing Committees of Ministerial 
Councils on elements for inclusion in the Strategy and 
activities of the Ministerial Councils and other 
specialised bodies such as the National Greenhouse 
Advisory Committee, and make recommendations to First 
Ministers on proposed courses of action;

	(iii)	to encourage development of the strategy in areas 
where it is not being handled elsewhere;

	(iv)	to present the Strategy to First Ministers for 
consideration/adoption;

	(v)	to recommend to First Ministers requirements for 
further development of the Strategy as implementation 
proceeds.


SCHEDULE 6

BIOLOGICAL DIVERSITY

1.	The parties acknowledge that biological diversity is a major 
and valuable component of the environment and should be 
protected.

2.	The parties note that the Commonwealth Government is 
currently preparing a draft national strategy for the 
conservation of biological diversity which is being pursued 
through the Biological Diversity Advisory Committee which 
has wide ranging representation, including the States.

3.	The parties note that the Commonwealth is responsible for 
the negotiation, ratification and ensuring implementation of 
the proposed Biological Diversity Convention.

4.	The parties note that the proposed Biological Diversity 
Convention, while having importance for nature conservation, 
is likely to have implications across a wide range of 
Commonwealth and State responsibilities and that the 
interests and responsibilities of the States and the 
Commonwealth which may be affected by the proposed 
Convention are not confined to any particular portfolios.

5.	The Commonwealth will continue to provide the States with 
the opportunity to be represented on Australian delegations 
to meetings of the Intergovernmental Negotiating Committee 
for a Convention on Biological Diversity.  The Commonwealth 
and the States will continue their consultations in relation 
to formulating Australian policy regarding the Convention 
through the existing mechanisms involving the Department of 
Foreign Affairs and Trade and State agencies as nominated 
from time to time by their First Ministers.

6.	Given the wide and significant implications of the proposed 
Convention, the Commonwealth and the States acknowledge that 
issues may arise which may cause a State to seek 
consultation in relation to the negotiations at First 
Minister level.

7.	The Australian and New Zealand Environment and Conservation 
Council, in consultation with and, where appropriate, joint 
co-operation with, other Ministerial Councils, the agencies
referred to in clause 5 and relevant organisations, will 
forward to First Ministers advice on:

	(i)	the implications of implementing the proposed 
Convention; and

	(ii)	the manner in which implementation of the proposed 
Convention may be undertaken.

8.	For the purposes of clause 7, the other Ministerial Councils 
will include:

		Australian Agricultural Council;
		Australian Soil Conservation Council;
		Australian Water Resources Council;
		Australian Forestry Council;
		Australian Fisheries Council;
		Australian and New Zealand Mineral and Energy Council; 
and
		Australian Industry and Technology Council.


SCHEDULE 7

NATIONAL ESTATE

1.	The parties acknowledge that the primary role of the 
Australian Heritage Commission is to identify the National 
Estate and advise the Commonwealth on its conservation.

2.	The parties further acknowledge that primary responsibility 
for land use and resource planning decisions rests with 
States.

3.	The parties agree that the register of the National Estate 
is one of the factors that the States may consider when 
making land use and resource planning decisions and that 
Section 30 of the Australian Heritage Commission Act 1975 
applies only to decisions of the Commonwealth Ministers, 
Departments and Authorities.  The parties recognise however 
that some applications of S.30 of the Act may have 
significant land and resource use planning implications.

4.	The Commonwealth supports the current practice whereby the 
Australian Heritage Commission provides information on all 
places nominated to the Register of the National Estate or 
which are identified by studies, to the designated agencies 
in the relevant State.  The Commonwealth agrees to support 
the current practice whereby the Commission seeks and 
considers the views of the relevant State on all nominated 
places before making a decision on interim listing.

5.	Each State agrees to establish and advise the Australian 
Heritage Commission on appropriate channels of 
communication, the persons responsible for consultation and 
the persons responsible for coordination of responses to the 
Australian Heritage Commission on matters related to 
National Estate nominations and listings.

6.	The Commonwealth supports the current practice whereby the 
Australian Heritage Commission provides information to the 
relevant local government body on places to be given interim 
listing status at least two months prior to any public 
notification of that interim listing.

7.	The parties agree that systematic, thematic and/or regional 
assessment is the preferred basis on which to assess the 
national estate values of an area.

8.	The Commonwealth and the States agree to facilitate joint 
assessment processes between the Australian Heritage 
Commission and the States where appropriate.  In any event, 
existing data collections and assessment processes that 
conform to national estate assessment criteria which are set 
out in the Australian Heritage Commission Act 1975 can be 
accredited and relied upon by the Australian Heritage 
Commission as satisfying the requirements of the Commission.

9.	The Commonwealth agrees that any State can negotiate with 
the Commission on improved forms of consultation concerning 
development of the Register of the National Estate 
generally.

10.	The Commonwealth and the States agree that there will be 
consultation and agreement wherever possible on the timing 
of Australian Heritage Commission and State assessment 
processes.

11.	Where there is an accredited or joint assessment of national 
estate values the Commonwealth and/or the States will give 
full faith and credit to the results of such assessment when 
exercising their responsibilities.

12.	The Commonwealth and the States note that where there is an 
accredited or joint assessment of national estate values the 
Australian Heritage Commission will generally not, and in 
any event will not without consultation with the States, 
reconsider that assessment except where new and significant 
information is produced.


SCHEDULE 8

WORLD HERITAGE

1.	The States recognise that the Commonwealth has an 
international obligation as a party to the World Heritage 
Convention to ensure the identification, protection, 
conservation, presentation and transmission to future 
generations of Australia's natural and cultural heritage of 
'outstanding universal value'.

2.	The Commonwealth will consult the States and use its best 
endeavours to obtain their agreement on the compilation of 
an indicative list of World Heritage properties.  The States 
agree to consult the relevant local government bodies and 
interested groups (including conservation and industry 
groups) on properties for inclusion on the indicative list 
prior to submission to the Commonwealth.  Should 
conservation or any other groups or individuals make 
suggestions on an indicative list direct to the Commonwealth 
these will be referred to the relevant State for comment.

3.	The Commonwealth will consult with the relevant State or 
States, and use its best endeavours to obtain their 
agreement, on nominations to the World Heritage List.

4.	Where the relevant State or States have agreed to a 
nomination, the preparation of that nomination for World 
Heritage listing will be the primary responsibility of the 
relevant State or States and will be undertaken in close 
consultation with the Commonwealth.  In the case of 
properties that transcend State boundaries, the Commonwealth 
will coordinate preparation of the nomination.  The 
Commonwealth is responsible for ensuring the nomination is 
in accordance with the World Heritage Convention and 
Guidelines and submitting the nomination to UNESCO.

5.	Arrangements for the management of a property will be 
determined as far as practicable prior to the nomination.  
The management arrangements will take into consideration the 
continuation of the State's management responsibilities for 
the property while preserving the Commonwealth's 
responsibilities under the World Heritage Convention.


SCHEDULE 9

NATURE CONSERVATION

1.	The parties agree that each level of Government has 
responsibilities for the protection of flora and fauna and 
should use their best endeavours to ensure the survival of 
species and ecological communities, both terrestrial and 
acquatic, that make up Australia's biota.  The parties 
recognise that the protection and sound management of 
natural habitats is of fundamental importance to this aim 
and that all levels of Government should use their best 
endeavours to conserve areas critical to the protection of 
Australia's flora and fauna and the maintenance of 
ecological processes that ensure biological productivity and 
stability.

2.	The parties recognise that the States have primary 
responsibility in the general area of nature conservation.

3.	The parties recognise that the Commonwealth has a particular 
responsibility in the area of nature conservation in 
relation to:

	-	management of areas that lie within its own 
jurisdiction including the external territories and 
the Jervis Bay Territory, Commonwealth places and 
marine areas;

	-	Australia's obligations under international law 
including under treaties;

	-	exports, imports and quarantine.

	The Commonwealth also has a particular interest in 
facilitating the effective and efficient co-ordination of 
nature conservation across all jurisdictions.

4.	The parties agree that a national approach should be taken 
to rare, vulnerable and endangered species given that the 
distribution of these species and their habitats is not 
confined or determined by State or Commonwealth borders and 
that a national approach is desirable to avoid duplication 
of effort, to ensure appropriate outcomes and to maximise 
the effectiveness of available resources.

5.	The parties agree that environmental management and resource 
use decisions taken by all levels of Government should have 
regard to the national distribution of species and other 
agreed national nature conservation considerations.

6.	The Commonwealth and the States agree to cooperate in the 
conservation, protection and management of native species 
and habitats that occur in more than one jurisdiction.  In 
addition to participating in such cooperative activities, 
the Commonwealth and the States may take whatever action 
they deem appropriate within their respective jurisdictions 
to protect any native species and habitats which they 
consider requires specific action.

7.	Within one year of the execution of this Agreement, the 
Australian and New Zealand Environment and Conservation 
Council, in consultation with relevant Ministerial Councils, 
will develop and report to First Ministers on a strategy for 
a national approach to the protection of rare, vulnerable 
and endangered species.  The Australian and New Zealand 
Environment and Conservation Council will provide a progress 
report to First Ministers within six months.

8.	The report referred to in clause 7 will take into account 
the preparation of an 'Australian National Strategy for the 
Conservation of Species and Communities Threatened With 
Extinction' by the Endangered Species Advisory Committee 
which was established to advise the Commonwealth Minister of 
the Arts, Sport, the Environment, Tourism and the 
Territories and will include the following:

	(i)	the identification of Australia's rare, vulnerable and 
endangered species of flora and fauna;

	(ii)	the options for off reserve protection of species and 
habitats to complement the reserve system and the 
identification of ecologically significant remnant 
vegetation;

	(iii)	the manner in which all levels of Government might 
ensure that land or resource use decision making 
processes explicitly identify circumstances where 
there is an impact on identified rare, vulnerable and 
endangered species  and assess the nature of this 
impact prior to taking a decision;

	(iv)	the development of mechanisms on a cooperative basis 
to address cross-jurisdictional problems;

	(v)	the setting of outcomes and goals and the allocation 
of tasks in relation to all States and the 
Commonwealth and monitoring and reporting on the 
achievement of those outcomes and goals;

	(vi)	the co-ordination of any research initiatives;

	(vii)	the resource and financial implications and impacts of 
any national approach.

9.	The parties recognise the threat posed to both the natural 
environment and agricultural and maricultural production by 
pest species of introduced plants and animals and 
acknowledge that a cooperative national approach to their 
control has the potential to produce savings from a 
reduction of duplication of existing effort.  The parties 
agree that the Commonwealth's role should be one of 
facilitating co-ordinated State efforts within this national 
approach.  Due to the nature of the threat, coordination of 
a national approach should be undertaken through the 
Australian and New Zealand Environment and Conservation 
Council, the Australian Agricultural Council and the 
Australian Fisheries Council.

10.	The parties agree to co-operate in fulfilling Australia's 
commitments under international nature conservation treaties 
and recognise the Commonwealth's responsibilities in 
ensuring that those commitments are met.

11.	The parties recognise the Commonwealth's responsibilities 
with regard to the implementation of the Convention on 
International Trade in Endangered Species of Wild Fauna and 
Flora (CITES) and the export of wildlife and wildlife 
products.  The Commonwealth and the States agree to 
cooperate in the development of improved intergovernmental 
arrangements for regulating commercial use of native 
wildlife, including setting of nationally sustainable 
harvesting levels, establishment of national standards in 
marketing of wildlife products, and streamlining of permits 
and regulatory controls and enforcement.

12.	The parties agree that the management of parks and protected 
areas is largely a function of the States.  The Commonwealth 
has a responsibility for parks and protected areas on its 
own land and any parks or protected areas it establishes in 
Australia's maritime areas (subject to any existing 
Commonwealth legislative arrangements in relation to 
maritime areas), and to assist the States with common


concerns which have been identified by the Commonwealth and 
the States to have national implications.

13.	The parties agree that a representative system of protected 
areas encompassing terrestrial, freshwater, estuarine and 
marine environments is a significant component in 
maintaining ecological processes and systems.  It also 
provides a valuable basis for environmental education and 
environmental monitoring.  Such a system will be enhanced by 
the development and application where appropriate of 
nationally consistent principles for management of reserves.  

14.	The parties agree that the national approach to the 
conservation, protection and management of native species 
and habitats may include the addition of new areas to 
reserve systems and protected areas, some of which may be 
under multiple land use regimes, where such multiple land 
use does not adversely affect the prime nature conservation 
function of the reserve or protected area.

15.	The parties further recognise that the establishment and 
management of a reserve system is not in itself sufficient 
to ensure the protection of Australia's flora and fauna.  
Off-reserve protection and management, particularly of 
remnant vegetation, are also required.  The parties 
recognise the need for national co-operation to ensure that 
remnants that are ecologically significant on a national 
scale are identified; management and protection arrangements 
are consistent across borders; research initiatives are co-
ordinated and not duplicated; and that off-reserve 
protection activities complement the reserve system.

16.	The Commonwealth and the States agree to co-operate in the 
development of actions outlined in this schedule and that 
the Australian and New Zealand Environment and Conservation 
Council be the primary forum for all co-ordination of 
nationwide nature conservation functions.


RESERVATION BY THE NORTHERN TERRITORY

The Northern Territory in signing this Agreement notifies that it 
does not consider itself a party to the Intergovernmental 
Agreement on Road Transport entered into by the Commonwealth, 
States and the Australian Capital Territory, and accordingly is 
not bound by sub-clause 5(vi) and clause 7 of Schedule 4 to this 
Agreement.

The Northern Territory further notifies its intention to enter 
into discussions with the other parties with the objective of 
securing the direct participation of representatives of the 
Northern Territory Government concerned with transport 
administration in any joint or collaborative processes among the 
Commonwealth, States and Territories for the establishment of 
measures for national motor vehicle emission and noise standards.


**  See Northern Territory reservation at end of document.


URL: http://www.environment.gov.au/epcg/esd/igae.html
Last modified: 17 November 1998