A performance audit of the Department of Agriculture, Water and the Environment’s administration of controlled actions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has found it to be ‘ineffective’.
In his report, Referrals, Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999, Auditor-General Grant Hehir says that despite being subject to multiple reviews, audits and Parliamentary inquiries since the commencement of the Act, the Department’s administration of referrals, assessments and approvals of controlled actions under the EPBC Act has not been effective.
“Governance arrangements to support the administration of referrals, assessments and approvals of controlled actions are not sound,” Mr Hehir said.
“The Department has not established a risk-based approach to its regulation, implemented effective oversight arrangements, or established appropriate performance measures,” he said.
“Referrals and assessments are not administered effectively or efficiently.
“Regulation is not supported by appropriate systems and processes, including an appropriate quality assurance framework.”
Mr Hehir said the Department had not implemented arrangements to measure or improve its efficiency.
“The Department is unable to demonstrate that conditions of approval are appropriate,” he said.
“The absence of effective monitoring, reporting and evaluation arrangements limit the Department’s ability to measure its contribution to the objectives of the EPBC Act.”
The Auditor-General made eight recommendations including that the Department develop and implement a plan to collect and use regulatory information; address gaps and limitations in information management; conduct an up-to-date risk assessment of non-compliance across its environmental regulatory regimes; and ensure its oversight of referrals, assessments and approvals is conducted in accordance with procedures, and conflict-of-interest risks identified and treated.
The Auditor-General’s report can be accessed online at this PS News link and the 78-page printed report at this link.
The audit team was Mark Rodrigues, Isaac Gravolin, Se Eun Lee, Sam Khaw, Thiago Gomes and Michael White.