A guide to the Wet Tropics Management Authority The organisation and its objectives 2021
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The Authority’s logo The Wet Tropics Management Authority logo features a stylised silhouette of a cassowary. The southern cassowary Casuarius casuarius, with its high public profile, threatened conservation status, and its vital role in rainforest ecology, symbolises the Wet Tropics. The circle surrounding the cassowary was inspired by the circle of UNESCO’s World Heritage Logo and represents the natural world and universal protection. Page | 2
Table of Contents Introduction and background........................................................................................................ 4 Enabling legislation........................................................................................................................ 4 Purpose of the Act and the Primary Goal...................................................................................... 4 Functions of the Authority ............................................................................................................ 5 The Wet Tropics Management Plan .............................................................................................. 5 Wet Tropics management structure ............................................................................................. 6 Financial arrangements ................................................................................................................. 7 Wet Tropics Board ......................................................................................................................... 8 Remuneration Payable to Chair and Members of the Board of Directors .................................... 8 Procedures for conduct at Board meetings .................................................................................. 9 Appendix 1. Engabling and complimentary legislation ............................................................... 13 Page | 3
Introduction and background World Heritage listing is recognition by the international community that a place is such an outstanding example of the world’s natural or cultural heritage that its conservation is of value to all people. As at June 2021, the World Heritage List included 1,121 properties, which the World Heritage Committee considers to have outstanding universal value—this includes 20 Australian properties. The Wet Tropics of Queensland World Heritage Area was inscribed onto the World Heritage list in 1988 for its natural values, meeting all four natural criteria for World Heritage listing and fulfilling the necessary conditions of integrity. The Area was listed on Australia’s National Heritage List in 2007 for its natural values. In addition to its outstanding natural values, the Area is a rich cultural landscape for Rainforest Aboriginal people, who have lived continuously in the rainforest environment for thousands of years. It is the only Australian site where Aboriginal people have permanently inhabited a tropical rainforest environment. The Area’s Indigenous heritage values were included in its National Heritage listing in 2012. Enabling legislation The Wet Tropics of Queensland World Heritage Area is managed under the Wet Tropics World Heritage Protection and Management Act 1993 (Queensland Act) and the Wet Tropics of Queensland World Heritage Area Conservation Act 1994 (Commonwealth Act). The Queensland Act establishes the Wet Tropics Management Authority and provides the legal basis for the Wet Tropics Management Plan 1998 (the Plan) that regulates land use activities in the Area through a zoning and permit system. The Wet Tropics World Heritage Area Management Scheme is an Intergovernmental Agreement signed by the Prime Minister of Australia and the Premier of Queensland in 1990. It sets out broad structural and funding arrangements for the management of the Area. The agreement is scheduled in the Queensland Act and given effect by section 3 of the Commonwealth Act. An amended version of this intergovernmental agreement was adopted in 2011. It is expected that further changes will be made to the intergovernmental agreement as a result of the National Cabinet endorsed review of the former COAG Councils and ministerial forums as carried out by former Director-General of the Western Australian Department of Premier and Cabinet and former Commonwealth Cabinet Secretary Mr Peter Conran AM (the Conran Review). Purpose of the Act and the Primary Goal The purpose of the Wet Tropics World Heritage Protection and Management Act 1993 (the Queensland Act) is “to provide for the protection and management of the Wet Tropics of Queensland World Heritage Area, and for related purposes”. The Wet Tropics Management Authority (the Authority) is established under the Queensland Act to ensure that Australia’s obligation under the World Heritage Convention in relation to the Wet Tropics World Heritage Area (the Area) is met. Under the Intergovernmental Agreement between Queensland and the Commonwealth, the Primary Goal of the Authority is “to provide for the implementation of Australia’s international duty for the protection, conservation, presentation, rehabilitation and transmission to future generations of the Wet Tropics of Queensland World Heritage Area”. This Goal reflects the duty of party states under the World Heritage Convention. Page | 4
Functions of the Authority The functions of the Authority are set out under section 10 of the Queensland Act. They are to: • develop and implement policies and programs in relation to the management of the Area; • formulate performance indicators for the implementation of policies and programs approved by the Ministerial Council1; • advise and make recommendations to the Minister and the Ministerial Council in relation to the management of the wet tropics area; and Australia’s obligation under the World Heritage Convention in relation to the Area; • prepare, and ensure the implementation of, management plans for the Area; • administer funding arrangements in relation to the Area; • enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the Area and other persons; • enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the Area; • gather, research, analyse and disseminate information on the Area; • develop public and community education programs in relation to the Area; • promote the Area locally, nationally and internationally; • liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; • monitor the state of the wet tropics area; • advise and report to the Minister and the Ministerial Council on the state of the wet tropics area; and • perform functions incidental to a function under another paragraph of this subsection. The Wet Tropics Management Plan The Queensland Act provides the statutory basis for the Wet Tropics Management Plan 1998 (the Plan). The Plan was approved by Governor in Council on 18 May 1998 and commenced on 1 September 1998. The planning process which preceded the development of the Plan was conducted over a six year period and involved extensive public consultation with government, community, Aboriginal, private landholder and tourism interests. The Plan regulates a range of activities inside the Wet Tropics World Heritage Are that have the potential to impact on World Heritage values including destruction of native vegetation, disturbance to earth and water courses, control of undesirable plants and animals, infrastructure development and operation of motor vehicles. The Plan regulates such activities through a zoning scheme and permit system. 1In 2009 COAG agreed to abolish all Ministerial Councils. The Queensland Act is currently being amended to reflect this decision. Page | 5
Under section 53 of the Wet Tropics World Heritage Protection and Management Act 1993, the Authority is required to review the operation of the Plan every 10 years. In mid-2016, the Queensland Minister approved the Authority to commence a review of the operation of the Wet Tropics Plan. An updated Wet Tropics Management Plan came into effect from 11 September 2020, including revised zoning and a cooperative management agreement register – these supersede the original Management Plan and zoning maps. Wet Tropics Strategic Plan In parallel with the review of the Management Plan, the Authority also developed the Wet Tropics Strategic Plan 2020-2030. This is a non-statutory, complementary document to the Management Plan, which sets out the strategies that the Authority will implement to continue to meet its obligations to protect and present the World Heritage values of the Area. Wet Tropics Management Authority The Queensland Act establishes the Wet Tropics Management Authority. The Authority is a statutory body headed by a Board of Directors (the Wet Tropics Board) comprising six part-time directors nominated by the Australian and Queensland Governments plus a full-time Executive Director. The Authority via the Chairperson reports to the relevant State and Commonwealth Ministers with environment portfolio responsibilities and advises on the management of the Wet Tropics Area including policy, program and funding matters. The Authority operates as an administrative unit within the Queensland Government’s Department of Environment and Science. As part of the Queensland public sector, the Authority is subject to public sector legislation, regulations, standards and guidelines governing administrative functions and arrangements. The Authority is responsible to the Director-General regarding compliance with State Government administrative and financial standards. The Queensland Act (s40) states that the Authority must establish two advisory committees to advise the Authority. The Committees are the Scientific Advisory Committee and the Community Consultative Committee. Community Consultative Committee The Community Consultative Committee (CCC) is appointed by the Board and has the function of advising the Authority on the views of the community on the Authority’s policies and programs in relation to the Wet Tropics Area. Members are appointed by the Board for a three-year term. Scientific Advisory Committee The Scientific Advisory Committee (SAC) has the function of advising the Authority on scientific research and scientific developments relevant to the protection and management of the Wet Tropics Area. SAC membership covers a broad range of scientific disciplines relevant to management of the WTWHA. SAC members are appointed by the Board for a three year term. Page | 6
Financial arrangements The Financial Agreement between the Commonwealth Government and State Government expired in 1995/96 and, in accordance with the Intergovernmental Agreement, “funding arrangements will continue under an exchange of letters by the State and Commonwealth Environment Ministers until such time as the new Financial Agreement has been signed by those Ministers”. At present, Authority core funding is derived from the following sources: • National Partnership for Streamlined Agreements Schedule Environment C - Wet Tropics of Queensland and Tasmanian Wilderness World Heritage Areas. This funding agreement between the Commonwealth and the State supports the delivery of effective management of the Wet Tropics of Queensland World Heritage Area in accordance with the Environment Protection and Biodiversity Conservation Act 1999 and Australia’s obligations under the World Heritage Convention. The Agreement is current until June 2023 and identifies that the Australian Government has committed to providing $2.7 million/annum whilst the State has a commitment of $1.8 million/annum. The State requires this allocation to be provided to QPWS&P for on-ground management activities within the protected area estate. An annual Partnership Agreement between the Authority and QPWS&P outlines products and services to be delivered under these State funds. • Additional funding through a Project Agreement for Yellow Crazy Ant Control between the two governments of $12 million from 2019-2022 is in place to continue activities to eradicate yellow crazy ants from within and next to the Wet Tropics World Heritage Area. • The Authority is currently supporting a number of land restoration and job creation projects to the value of $2.6M through the Queensland Government Reef Assist Program. This funding is current until December 2021. The Director-General of the Department of Environment and Science is the accountable officer for the Authority under the Financial and Performance Management Standard Act 2009. The Authority, through the Executive Director, is responsible to the Director-General regarding compliance with State government administration and financial standards. An external independent financial audit is performed and reported on every year to meet Commonwealth Grant commitments. Page | 7
Wet Tropics Management Authority Board The Wet Tropics Board is responsible for the way in which the Authority performs its functions and exercises its powers as set out in section 13 of the Queensland Act. This includes deciding the objectives, strategies and policies to be followed by the Authority; and to ensure that the Authority performs its functions in a proper, effective and efficient way. The Board consists of a Chair and six Directors as follows: - the Chairperson and one Aboriginal director is appointed on the nomination of relevant Ministers; - two Directors are appointed on the nomination of the Commonwealth. At least one of the nominees is to be an Aboriginal person; - two Directors are appointed on the nomination of the State Government; and - the Executive Director of the Authority. Remuneration Payable to Chair and Members of the Board of Directors As specified in the Remuneration Procedures for Part time Chairs and Members of Queensland Government Bodies (Regulation, Administration and Advice, Level 2), daily meeting and special assignment fees payable to the Chair and members of the Wet Tropics Board of Directors are as follows- Daily Fees Members Chair Meeting $400.00 $520.00 Special Assignment As above or 50% of daily fees if less than 4 hours total In addition, Directors are entitled to claim for all reasonable out of pocket expenses and travel expenses associated with attendance at the Authority’s Board meetings and undertaking of approved special assignments. A half-day meeting fee is paid for preparation for Board meetings. From time to time Directors may undertake special assignments when they undertake business on behalf of the Authority. Claims of special assignment fees against these days should be cleared by the Executive Director and must conform to Queensland Government policies. Page | 8
Procedures for conduct at Board meetings Subject to Part 2, Division 5 of the Act, the Board may conduct its business (including its meetings) in the way it considers appropriate (s.26). The Board will conduct its meetings and other business in accordance with sections 26 to 31 of the Queensland Act. Board directors will operate within the government guidelines contained within - ‘Welcome Aboard’ - A Guide for Members of Queensland Government Boards, Committees and Statutory Authorities, and - Information for Statutory Bodies — Overview of applicable legislation, policies and guidance documents Chair The Chair of the Board shall preside over all meetings of the Board. The Chair may nominate an Acting Chair to preside in his/her absence. Should the Chair be unable to do so, an Acting Chair may be chosen to preside over the meeting by directors present (s.20 and s.28). There is no deputy Chair. The Chair—in consultation with the Executive Director—may designate certain business as ‘in- camera’ business. Distribution of in-camera agenda papers and participating in in camera discussions will be determined by the Chair having regard to the nature of the issue. Quorum Four directors (other than the Executive Director) shall constitute a quorum (s.29 Queensland Act). Resolutions and minutes Decisions of the Board shall be taken by a majority vote of the directors present at a meeting at which a quorum is present. The Chair shall have a deliberative vote and in the event of an equality of votes shall have a second or casting vote (s.29 Queensland Act). Board members shall adopt a corporate stance for the Authority and shall not make public comments contrary to the corporate decision, either in their capacity as directors or in another capacity (unless they have abstained from participating in an agenda item because of conflicting interests). The draft minutes and resolutions of the Board will be forwarded to the Chair for formal clearance, prior to any further circulation. The wording of particular resolutions may be referred back to the full Board ‘out of session’ for confirmation at the Chair’s discretion. Observers One official from each of the portfolios represented by the Queensland and Australian Government with relevant portfolio responsibilities are invited to attend Board meetings as observers. These officials will be nominated by the Ministers (or their representative) of those portfolios. Chairpersons of the Community Consultative Committee and the Scientific Advisory Committee may also attend Board meetings as observers. While official observers do not have voting rights, the minutes will record any of their views contrary to the resolutions when this is requested. Secretariat The Principal Advisor provides secretariat support to the Board through the Executive Director. The Principal Advisor is responsible for all matters related to secretariat support for the business of the meeting, including arranging venues, coordinating preparation and arranging distribution of agenda papers, invitations, field trips and any associated activities. The Principal Advisor will be responsible Page | 9
for recording, circulating draft minutes and resolutions and for appropriate registration of approved minutes and recommendations. The Principal Advisor supports the Executive Director and Chair to liaise with official observers and/or nominated contact officers in the Departments. Other meeting participants Subject to arrangement with the Executive Director, senior staff of the Authority may present agenda items concerned with their particular program, and may attend other parts of the meeting. The Authority’s staff may also attend other sessions, by agreement with the Executive Director and Chair, to observe proceedings. Meetings will not be open to the public and other attendances will be by invitation of the Chair only. Persons seeking to make a delegation to the Board meeting must provide reasonable notice of the request to the Principal Advisor (normally a minimum of two weeks prior to the meeting). The Chair will have final right of decision on whether to accept any delegation. Advisers from relevant Departments or agencies may be requested to attend to provide specialist input at the Chair’s request. Frequency of meetings The Board must meet at least 4 times in each calendar year (s.27 (2)). Meetings of the Board will be held approximately quarterly on predetermined dates. The Principal Advisor will prepare a calendar of meeting dates for any given year for approval by the Board at the last meeting in any given calendar year. The Chair or other members may request additional meetings for extraordinary reasons. The Chair must convene a meeting if requested by two or more Directors. Venue Meetings will normally be held in the Authority’s office in Cairns to allow for proper servicing and access to files, staff and other resources, but Directors may propose other venues (including teleconferencing) for additional or extraordinary meetings. Field Trips Field inspections conducted in association with Board meetings may be arranged from time to time. If necessary, Board meetings might convene in the early evening, after field trips. Agenda Board agenda items will generally be limited to issues requiring decision or direction by the Board or items providing progress reports on substantial projects. Consideration of matters through Out of Session (OOS) papers is limited to urgent matters and/or for confirmation of amendments to documents where agreed to at a previous Board meeting. A draft agenda will be prepared by the Principal Advisor and submitted through the Executive Director to the Chair and other directors prior to the meeting. Directors may request the addition of items to the agenda. Where the addition of an item to the agenda requires the preparation of a paper by Authority staff, the request should be delivered no later than the deadline date advised by Principal Advisor. Official observers and chairs of the SAC and CCC may request that items be added to the agenda. Any supporting information required for the agenda item is to be organised by the requesting Page | 10
Department or committee. The Chairs of the CCC and SAC may be invited to make a verbal report at Board meetings. Drafting of agenda papers The Executive Director will arrange for drafting of papers by Authority staff (other than where items are put forward specifically at the request of Departments and committees or where Board Directors particularly wish to prepare papers themselves). Brief advice on agenda topics from observers (on behalf of their Departments) or committees may be added into prepared Authority papers, providing adequate notice is given. All papers should be submitted through the Principal Advisor. The Principal Advisor will distribute electronic copies of papers two weeks prior to the Board meeting date to Board Directors, official observers, CCC and SAC chairs and relevant staff of the Authority. Classification of agenda papers At the 5th meeting of the Wet Tropics Ministerial Council members endorsed the following categorisation of Board meeting resolutions: Category A - for matters that are to be considered major items that will be also be referred to the State and Commonwealth Environment Ministers for consideration Category B - matters which do not need referral to State and Commonwealth Environment Ministers and can be determined by the Board of Directors Minutes The Principal Advisor is responsible for preparation of draft minutes. The Chair’s clearance of the draft minutes shall be obtained. Following this, the Executive Director will act upon decisions and directions recorded in the minutes. Minutes are approved by the Board at the next meeting. Security of papers Release of documents and information to the CCC or SAC or members of the public, will be in accordance with the Queensland legislation. Release of all Authority papers should be cleared through the Executive Director. If there is any doubt, the Executive Director should seek the Chair’s views. Approved minutes of Board meetings will be public documents (with the exception of in-camera minutes) and are made available on the Authority’s website, subject to the provisions of the Right to Information Act 2009 (QLD). Pecuniary interests A Director who has a personal interest or involvement of a financial nature in a proposal shall declare that interest to the meeting (s.25 and s.31). A confidential register of such interests will be maintained by the Secretary. Directors are required to disclose these interests at meetings of the Board and they will be recorded in the minutes. Unless the Board determines otherwise, a director with such an interest must not be present or take part in any deliberations or voting on the matter (s.31). Directors should also declare any other conflicting interests they may have on particular matters (e.g. membership of a group actively lobbying the Authority over a particular issue.) Page | 11
Media Involvement Media representatives may not be present during meetings. Where appropriate, media releases, communiques or press conferences may be arranged after a Board meeting. It is the responsibility of the Executive Director to coordinate arrangements for press releases and other external communications. All contact with the media will be through the Chair or the Executive Director. The Executive Director is responsible for approving all media releases. Costs Costs of meetings, field inspections, official functions and reasonable out of pocket expenses are met by the Authority. Departmental observers are required to meet the cost of their own airfares and travel expenses. Page | 12
Appendix 1. Enabling and complimentary legislation Enabling legislation (Queensland) Wet Tropics World Heritage Protection and Management Act 1993 - An Act to provide for the protection and management of the Wet Tropics of Queensland World Heritage Area, and for related purposes. Wet Tropics Management Plan 1998 - A management plan regulating activities in the WTWHA that have the potential to impact on the Area’s integrity and its World Heritage values. Complimentary legislation (Queensland) Aboriginal Cultural Heritage Act 2003 - An Act to make provision for Aboriginal cultural heritage, and for other purposes. Biosecurity Queensland Act 2014 - An Act to provide for a comprehensive biosecurity framework to manage the impacts of animal and plant diseases and pests in a timely and effective way and ensure the safety and quality of animal feed, fertilisers and other agricultural inputs. Cape York Peninsula Heritage Act 2007 - to provide for the identification of the significant natural and cultural values of Cape York Peninsula, and cooperative and ecologically sustainable management of Cape York Peninsula Coastal Protection and Management Act 1995 - An Act about the protection and management of the coast, and for related purposes. Environmental Offsets Act 2014 - An Act to provide for environmental offsets to counterbalance significant residual impacts of particular activities on particular matters of national, State or local environmental significance and to establish a framework in relation to environmental offsets. Fisheries Act 1994 - An Act for the management, use, development and protection of fisheries resources and fish habitats, the management of aquaculture activities and helping to prevent shark attacks, and for related purposes. Forestry Act 1959 - An Act to provide for forest reservations, the management, silvicultural treatment and protection of State forests, and the sale and disposal of forest products and quarry material, the property of the Crown on State forests, timber reserves and on other lands; and for other purposes. Human Rights Act 2019 - An Act to protect and promote human rights. Land Act 1994 - An Act to consolidate and amend the law relating to the administration and management of non-freehold land and deeds of grant in trust and the creation of freehold land, and for related purposes. Nature Conservation Act 1992 - An Act to provide for the conservation of nature. Planning Act 2016 - to establish an efficient, effective, transparent, integrated, coordinated, and accountable system of land use planning (planning), development assessment and related matters that facilitates the achievement of ecological sustainability Vegetation Management Act 1999 - An Act about the management of native woody vegetation. Water Act 2000 - An Act to provide for the sustainable management of water and other resources and the establishment and operation of water authorities, and for other purposes. Page | 13
Enabling legislation (Commonwealth) Wet Tropics of Queensland World Heritage Area Conservation Act 1994 - An Act relating to the conservation of the Wet Tropics of Queensland World Heritage Area. Complimentary legislation (Commonwealth) Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - An Act to preserve and protect places, areas and objects of particular significance to Aboriginals, and for related purposes. Environment Protection and Biodiversity Conservation (EPBC) Act 1999 - An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes. All instruments in force under the World Heritage Properties Conservation Act 1983, which continue to apply since the Act’s repeal upon the introduction of the EPBC Act in 1999. Native Title Act 1993 - An Act about native title in relation to land or waters, and for related purposes. Page | 14
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