Final report

Appendix B4 - Recommended National Environmental Standard for Data and Information

October 2020

Recommended National Environmental Standards

Appendix B to the Final Report sets out in detail 4 recommended National Environmental Standards that were developed by the Review following consultation with science, Indigenous, environmental and business stakeholders and with input from technical experts.

This National Environmental Standard for data and information (Standard for D&I) sets the expectations for all parties involved in the implementation and evaluation of the EPBC Act to support the delivery of the national environmental information supply chain (supply chain) by requiring the collection, curation, integration, analysis, use and sharing of best available information to defined technical standards.

In addition to the common application of the National Environmental Standards by the Commonwealth Minister for the Environment and third parties following accreditation, the Standard for D&I applies to proponents seeking an approval under the EPBC Act or from another party under an accredited arrangement, and recipients of relevant funding. Where the requirements of this Standard for D&I conflict with the provisions in the recommended National Environmental Standard for Indigenous engagement and participation in decision-making, the latter will have precedence.

To support this Standard for D&I the Commonwealth will ensure that a national environmental information supply chain Custodian (the Custodian) is assigned and provided with appropriate technical and policy support. Initially, the Custodian can be assigned on an interim basis.

The supply chain will provide confidence that decisions are informed by the best available evidence. The Custodian will have overall responsibility for the long-term stewardship of environmental information. The Custodian will be accountable for the delivery of an efficient supply chain, and will outline expectations for best available evidence, provide clear guidance on requirements for the sharing and publishing of information, and define technical standards.

The supply chain and this Standard for D&I support the objectives that the current attributes and condition of matters protected by the EPBC Act are known and that decisions concerning the protection and conservation of MNES are informed by comprehensive information maintained in a relevant and readily-accessible form. The supply chain and this Standard for D&I also support regional planning, broader environmental management and restoration, and reporting functions such as State of the Environment reports and national environmental economic accounts.

This Standard for D&I also establishes National Environmental Information Assets to provide certainty and accountability for priority components of the national environmental information supply chain. These will initially be outlined as policy, and later be mandated in legal instruments that will provide certainty and accountability for the sustained delivery of essential information streams to inform and support the implementation of the full suite of recommended National Environmental Standards.

Element

Description

Environmental Outcome

Decisions made in the operation and evaluation of the EPBC Act are informed by the best available evidence.

That the current and future condition and trends of matters protected by the EPBC Act and related pressures, threats, impacts and restoration outcomes, are understood and accessible to interested parties.

National Standard
  1. The Custodian will:
    1. establish and refine a suite of designated National Environmental Information Assets and identify the organisation(s) accountable for their delivery, and
    2. issue guidance on requirements for best available evidence and technical standards to support the provision and use of relevant environmental data and information by all parties.
  2. The Commonwealth and accredited parties will:
    1. share and publish relevant environmental data and information consistent with Custodian guidance,
    2. in making any regulatory decisions relating to matters protected by the EPBC Act, set monitoring, evaluation and reporting requirements that comply with this and other National Environmental Standards, and Custodian guidance,
    3. require compliance with this National Environmental Standard from proponents seeking regulatory approvals,
    4. require recipients of relevant funding from the Commonwealth and recipients of relevant funding from accredited parties to comply with this National Environmental Standard,
    5. ensure reports, plans, advice and information relevant to operation of the Act, including though an accredited arrangement, are made publicly available in a searchable digital form and are easy to find, access and interrogate, and
    6. provide upon request by the Custodian or for the audit or oversight of an accredited arrangement(s) by the Commonwealth, any data and information relevant to the discharge of their respective obligations.
  3. Proponents seeking approval decisions under the Act or an accredited arrangement will:
    1. make all relevant environmental data and information publicly available by providing it consistent with Custodian guidance including for compatibility, searchability and accessibility
    2. meet Custodian requirements for best available evidence when making applications or complying with conditions issued under the Act
    3. comply with monitoring and evaluation requirements across the relevant National Environmental Standards and consistent with Custodian guidance.
    4. provide upon request any information relevant to the audit or oversight of an accredited arrangement(s) by the Commonwealth.
  4. Recipients of relevant government funding that are subject to this National Environmental Standard under 2(d) will:
    1. make all relevant environmental data and information publicly available by providing it consistent with Custodian requirements including for compatibility, searchability and accessibility
    2. comply with monitoring and evaluation requirements across all relevant National Environmental Standards and consistent with Custodian guidance

Monitoring and Reporting
  1. The Custodian will:
    1. at the commencement of this National Environmental Standard prepare a monitoring, evaluation, reporting and review plan, to be reviewed annually.
    2. identify and collect data and information resources to support review and reporting on the application of this National Environmental Standard and discharge of its duties.
    3. publish an annual report outlining national performance against all the elements of this National Environmental Standard, the operation of the supply chain and priorities for the following year.

Further Information

Department of Agriculture, Water and the Environment environmental information policy and guidance

National Environmental Information Assets and associated technical standards and guidelines

Plans, policies and guidelines published from time to time on the websites of the Department of Agriculture, Water and the Environment and the Custodian National Environmental Information Assets and associated technical standards and guidelines

Plans, policies and guidelines published from time to time on the websites of the Department of Agriculture, Water and the Environment and the Custodian

Review

National Environmental Standards should be reviewed and updated regularly, including when there are substantive changes to the EPBC Act or relevant administrative arrangements, or major events that may impact the status of protected matters.

This Standard should be applied in conjunction with all other relevant National Environmental Standards.

Definitions

Advice: Formal advice provided by EPBC Act statutory committees to the Environment Minister, or similar arrangements of an accredited party.

Custodian: The national environmental information supply chain Custodian (the Custodian) is the entity assigned with the oversight of the supply chain. Prior to legislative amendments to formally establish the position of custodian, an interim Custodian should be nominated by the Commonwealth Minister.

National Environmental Information Asset (NEIA): An essential information stream required to implement, monitor and improve National Environmental Standards. A suite of NEIAs will be established in a process overseen by the Custodian to provide certainty and accountability for priority components of the National Environmental Information Supply Chain. Each NEIA will identify a responsible organisation, collaborative partners, and the data and processes to deliver the information required. NEIAs will initially be defined in policy. Amendments to the EPBC Act should require that NEIAs become legal instruments.

Relevant environmental data and information: Data and information relating to the current and future condition and trends of matters protected by the EPBC Act and related pressures, threats and restoration outcomes in different contexts:

  • in the case of a party operating or accredited under the EPBC Act, all data and information that relates to the implementation and evaluation of the National Environmental Standards, the delivery and maintenance of the supply chain and the maintenance of the National Environmental Information Assets.
  • in the case of a proponent, all data and information that is assembled or generated by the proponent or their agent(s), for the purposes of securing a regulatory approval or complying with approvals.
  • in the case of a recipient of relevant funding, all environmental data and information that is gathered or generated as part of the funded activity.

Relevant funding: funding for activities that influence or impact the outcomes to be achieved under the National Environmental Standards. This includes activities related to research, environmental management, environmental restoration and heritage protection and includes grants, procurements and incentive programs.

Supply chain: The National Environmental Information Supply Chain is a system of processes and skills to convert raw data into the end products needed to inform decision-making and the implementation, evaluation, reporting and assurance of the National Environmental Standards and other aspects of the EPBC Act, including State of the Environment reporting. Over time and with oversight from the Custodian, the Supply Chain will become more coordinated, consistent and complete.

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    Publish date

    October 2020

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