OVERVIEW OF GOVERNMENT INVOLVEMENT IN MANAGEMENT
OF NATURAL RESOURCES AND THE ENVIRONMENT

URL: http://www.spatialgovernance.com/governance/resources/652lec01.htm
© John S. Cook - Created on 5 July 2004
Last modified 05/04/11 11:01 Australian EST

 

INTRODUCTION

Influences on Management
The roles that various governments have in the management of natural resources and the environment derives from three main influences:
bulleta human need to exploit resources
bulleta need to control the distribution of resources and avoid human conflict
bulleta need to address ecological degradation that threatens the capacity of the natural environment to support human population

Australia's System of Government
Australia's system of government took effect on 1 January 1901 with the federation of six former colonial governments. These colonies ceded some of their former legislative authority to a newly formed Commonwealth Government as set out in s.51 of the Australian Constitution. The general tenor of the federal compact was to cede to the Commonwealth those legislative responsibilities that went beyond the borders of a single colony. Matters deemed to be interstate or international in character included defence, foreign affairs and trade, immigration, and transport and communications going beyond a colonial border.

On federation, the former colonies became known as States of the Commonwealth following the  Constitution at s.6. However, some areas that were within State borders became Commonwealth territories. The State of New South Wales ceded the area now known as Australian Capital Territory in 1909; and the State of South Australia ceded the area now known as the Northern Territory in 1908. Under s.122, the  Commonwealth acquired an exclusive right to govern in those territories that were formally ceded and accepted.

International and Intergovernmental Relations
Some issues concerning the environment are global in character and require responses by the Commonwealth Government under its external affairs head of power. The Commonwealth responses may have an effect of imposing obligations that require mutual legislative responses by the States, Territories and local governments if Australia as a whole is to meet its international obligations. A Council of Australian Governments (COAG) has evolved to deal at the highest levels with issues that require coordinated mutual responses by governments in Australia.

Summary
The important distinction between States and Territories under Australia's system is that the States were former colonies that ceded some - but not all - of their legislative authority to a Commonwealth Parliament. In contrast, the Commonwealth acquired all of the legislative authority to govern in the Territories. The Commonwealth has delegated responsibility to Territory governments that have similarities with the States. Thus, the principal difference between Sate and Territory governments is that the States have constitutions that derive from former associations with the Imperial Parliament in Britain whereas the Territories have constitutions that derive from the Australian Parliament.

 

References:
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Australian Government, Geoscience Australia - Home > Education > Fab Facts > Area of Australia, States and Territories

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John S. Cook, Australian Government - Constitutional background

OVERVIEW OF  QUEENSLAND GOVERNMENT ARRANGEMENTS

Departments Involved with Resource Management
The principal Queensland Government departments charged with administration of matters related to natural resources and the environment are:
bulletDepartment of Natural Resources, Energy and Mines
bulletEnvironmental Protection Agency
bulletDepartment of Primary Industries
bulletDepartment of Local Government and Planning

Since most activities in commerce and government involve the use of resources, dealings in resources have an inter-connectedness in some way or other across most government departments. Accordingly, the Department of the Premier and Cabinet has a role in coordinating the Government's legislative programme and the administration performed by separate Departments. The Premier's Department identifies Environment and Resources Policy as a special area requiring a strategic overview and coordination across Queensland Government Departments.

Identifying Specific Departmental Responsibilities
An Administrative Arrangements Order by Queensland's Governor-in-Council sets out the general areas of responsibility and the Acts of Parliament to be administered by the separate Departments of the Queensland Government. In addition, the Ministers who are responsible for the separate departments are appointed by the Governor on the advice of the Premier. Ministerial reshuffles may necessitate changes to the Administrative Arrangements Order.

Departmental Arrangements within Departments
The
Freedom of Information Act 1992 at s.18 requires that each government department and agency prepare a Statement of Affairs and make this statement available to the public. This statement can provide - as indeed the Act intends - a useful overview of the activities of the department or agency concerned.

In addition to the Statement of Affairs required under the Freedom of Information Act 1992, most departments make their annual reports and other corporate documents available via the Internet.

References:
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Queensland Government, Department of the Premier and Cabinet - HomeGovernment policy advice and coordinationStrategic policy adviceEnvironment and Resources Policy

QUEENSLAND GOVERNMENT DEPARTMENTAL RESPONSIBILITIES

Overview
This analysis tries to identify Queensland Government activities related to management of natural resources and the environment. In many instances, classifying activities as related to natural resources and environment is somewhat arbitrary because they tend to overlap with economic development issues related to use of natural resources.

Department of the Premier and Cabinet
Administrative Reform | Co-ordination of Government Administration | Co-ordination of Policy Development |

Treasury Department
Economic Performance and Analysis | Government Statistics | State Taxation |

Department of State Development and Innovation
Communication and Information Industry Development | Economic Development Planning | Industry Development | Innovation | Major Development Project Facilitation | Regional Development | Research and Development Coordination | State Development |

Department of Transport
Air Services | Land Transport and Safety | Maritime | Railways | Transport Infrastructure | Roads |

Department of Primary Industries and Fisheries
Agricultural Chemicals | Animal Welfare | Commercial Forestry | Control of State Plantation Forests excluding the land | Fisheries Resource Management | Food and Fibre Production | Food Processing and Value Adding Development | Forestry Industry Development | Plant and Animal Diseases | Primary Industry Research, Development and Extension | Private Forestry | Quarry Sales under the Forestry Act 1959 |

Department of Natural Resources, Mines and Energy
Aboriginal and Torres Strait Islander matters including Land Interests, Land Titles and Aboriginal and Torres Strait Islander Cultural Heritage | Commercial Water Services | Explosives | Gas Health and Safety | Geological Survey | Land including Allocation, Management and Use of State Land; Compulsory Acquisition; Information; Land Protection; Land Titles; Surveying and Mapping and Valuations | Mineral Resources impacts on Aboriginal and Torres Strait Islander interests | Minerals | Mining Health and Safety | Mining Titles | Native Title | Natural Resource Management including Catchment Management and Water Resource Management but excluding Land Conservation and Native Forest Management | Petroleum Health and Safety | Petroleum Titles | Pipeline Licences | Place Names | Selling allocation of State quarry material under the Water Act 2000 |Recreation including Natural Resource Recreation and Education | Registration of Valuers and Surveyors | Royalties | Access to Natural Gas Pipelines, Distribution and Retail of Reticulated Fuel Gas, and Sufficiency of Supply of Fuel Gas and Liquid Fuel | Electricity | Energy |

Environmental Protection Agency
Aboriginal and Torres Strait Islander Cultural Land Interests | Coastal Management | Contaminated Land | Custody and Management of State Forests | Ecologically Sustainable Development | Environment including
Management of Mining | Environmental Planning | Historical Cultural Heritage | Land Conservation | Marine Parks Management | Native Forest Management | Nature Conservation | Pollution Management | Waste Management | Water Recycling Strategy | Wet Tropics Management

Department of Local Government, Planning, Sport and Recreation
Aboriginal and Torres Strait Islander Infrastructure | Land Use Planning | Local Government, including Aboriginal and Island Councils |

References:
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Department of the Premier and Cabinet - HomeAbout the departmentFreedom of Information > Administrative Arrangements Order (No. 2) 2005 (134 kb PDF)

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Queensland Treasury - Home > About Treasury > Freedom of Information > Office of Financial ManagementSite Map > Managing for Outcomes (MFO) - Performance Management Framework - Issues under Consideration

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Department of Primary Industries and Fisheries - Home > Animal & plant health - Animal welfare & ethics - Business, markets & trade - Climate & weather - Community - Drought - Environmental management - Food - Science & research |

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Department of Natural Resources, Mines and Energy - Home > Overview - Legislation, standards and policy - Corporate documents Annual reports - Budget - Corporate plan  - Privacy plan  - Freedom of Information - Statement of affairs - Strategic plans - Code of conduct - Market research

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Environmental Protection Agency - Home > About the EPA  - Legislation - Strategic planning - Public reporting - Freedom of information - Statement of Affairs - Media statements | Publications |

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Department of Local Government, Planning, Sport and Recreation - Home > About the Department > Ministers - Legislation - Corporate plan - Community Engagement - Organisation Structure | Local Government and Planning > Local Government Services - Planning Services | Office of Urban Management |

OVERVIEW OF AUSTRALIAN GOVERNMENT ARRANGEMENTS

The
The bais of rationale behind the federal system is that

Departments Involved in Resource Management
Most Departments are likely to have some involvement with natural resources and the environment. However, Departments that are more particularly involved in management of natural resources and the environment include:
bulletDepartment of Agriculture, Fisheries and Forestry
bulletDepartment of Environment and Heritage
bulletDepartment of Industry, Tourism and Resources
bulletAttorney General's Department

Parliamentary Committees
The Australian House of Representatives has a number of Standing Committees of relevance to natural resource and environment issues. Each Committee enquires in matters referred to it by the House or a Minister. The reports of these Committees often provide useful summary information on policy, existing legislation and legislative proposals. Important among these Standing Committees are those concerned with:
bulletAgriculture, Fisheries and Forestry
bulletEnvironment and Heritage
bulletIndustry and Resources
bulletScience and Innovation

References:
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Department of the Prime Minister and Cabinet (DPMC)  - DPMC Home Page > Funcional Index > Administrative Arrangements Orders - Organisational Structure of DPMC - COAG (Council of Australian Governments) Meetings - Cultural Heritage - Freedom of Information - Industry Infrastructure and Environment Division - Publications

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Australian Parliament - House of Representatives - Home > List of Committees >
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House of Representives Standing Committees - Agriculture, Fisheries and Forestry - Environment and Heritage - Industry and Resources - Science and Innovation

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Reports of Standing Committees - Agriculture, Fisheries and Forestry - Environment and Heritage - Industry and Resources - Science and Innovation

AUSTRALIAN GOVERNMENT DEPARTMENTAL RESPONSIBILITIES

Department of the Prime Minister and Cabinet
The Prime Minister's Department has a coordinating role across the Australian Government. The Prime Minister has an additional  coordinating role in intergovernmental relationships between Commonwealth, State and Territory Governments within the Council of Australian Governments (COAG). The COAG protocols are particularly important when Australia's obligations with other countries require mutual legislative responses and actions across Commonwealth, State, Territory and local governments.

Department of Agriculture, Fisheries and Forestry
Agricultural, pastoral, fishing, food and forest industries | Water, soils, and other natural resources | Rural adjustment and drought issues | Rural industries inspection and quarantine | Primary industries research including economic research | Commodity marketing, including export promotion and agribusiness | Commodity-specific international organisations and activities | Administration of international commodity agreements | Administration of export controls on agricultural, fisheries and forestry industries products | Food policy, processing and exports |

Department of Environment and Heritage
Environment protection and conservation of biodiversity | Air quality | National fuel quality standards | Land contamination | Meteorology | Administration of the Australian Antarctic Territory, and the Territory of Heard Island and McDonald Islands | Natural, built and movable cultural heritage | Greenhouse policy coordination |

Department of Industry, Tourism and Resources
Manufacturing and commerce including industry and market development | Industry innovation policy and technology diffusion | Promotion of industrial research and development, and commercialisation | Mineral and energy industries, including oil and gas, and electricity | National energy market | Energy-specific international organisations and activities | Administration of export controls on energy products | Biotechnology, excluding gene technology regulation | Export services | Energy and resources science and research | Marketing, including export promotion, of manufactures and services | Investment promotion, attraction and facilitation | Enterprise improvement | Tourism industry | Construction industry | Small business policy and implementation Business entry point management | Facilitation of the development of service industries generally | Bounties on the production of goods | Patents of inventions and designs, and trade marks | Country of origin labelling | Weights and measures standards | Civil space issues | Analytical laboratory services | Geoscience research and information services including geodesy, mapping, remote sensing and land information co-ordination | Ionospheric prediction |

Attorney General's Department
Native Title

 

References:
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Australian Government - Home Page > Agriculture, Fisheries  and Forestry - Australia (AFFA)  - AFFA Home Page > Natural Resources Access and Management - this site contains numerous resource management issues and links to Web sites relevant to Natural Resource Management - see especially links to natural resource management related legislation |Home > Natural Resource Management

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AFFA and and EA jointly administer the Natural Heritage Trust (NHT) - Home Page > Programs  - Publications - Natural Heritage - The Journal of the Natural Heritage Trust available online

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Department of Environment and Heritage - Home > Atmosphere - Biodiversity - Coasts and oceans - Environmental assessment - Heritage - Inland Waters - Land management - Parks and reserves - Sustainable industry

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Department of Industry, Tourism and Resources - Home |

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Commonwealth Scientific and Industrial Research Organisation (CSIRO) - Home Page > Research Divisions > Exploration and Mining - Land and Water - Sustainable Ecosystems

COUNCIL OF AUSTRALIAN GOVERNMENTS AND
RESOURCE AND ENVIRONMENT ISSUES

Role of COAG in Management of Natural Resources and the Environment
The Council of Australian Governments (COAG) deals with high level policy issues across Commonwealth, State, Territory and local governments, especially when mutually supportive legislation and administration is required to provide effective management across the whole of government.

An example of action by COAG is the Intergovernmental Agreement on the Environment entered into on 1 May 1992 by the Commonwealth, States, Territories and representatives of local government. This Agreement affirmed the roles and responsibilities of various levels of government and the principles to be followed in decisions affecting the environment.

National Strategies
The Commonwealth, States and Territories participate in the development and implementation of a number of strategies that relate to management of natural resources and the environment. These strategies include:
bullet National Strategy for Ecologically Sustainable Development
bullet National Strategy for Conservation of Australia's Biological Diversity
bulletNational Greenhouse Response Strategy
bullet National Forest Policy Statement
bullet National Principles and Guidelines for rangeland Management
bullet National Weeds Strategy
bullet National Waste Minimisation and Recycling Strategy
bullet Council of Australian Governments' Water Reform Framework

References:
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Department of the Prime Minister and Cabinet (DPMC)  - DPMC Home Page > Funcional Index > Administrative Arrangements Orders - Organisational Structure of DPMC - COAG (Council of Australian Governments) Meetings - Cultural Heritage - Freedom of Information - Industry Infrastructure and Environment Division - Publications

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MINISTERIAL COUNCILS AND INTERGOVERNMENTAL COMMITTEES

Role of Ministerial Councils
A number of natural resource and environment issues involve the Commonwealth as well as one or more of the State and Territory Governments but in an area where a departmental rather than whole of government response is appropriate. Also, some issues extend to include New Zealand while others may include other nations in the region - especially South Pacific nations.

The titles of the ministerial councils usually give some indication of their relevance to natural resource and environment issues. This applies especially to areas listed under the international World Heritage Convention where Australia has sixteen sites on the World Heritage List.

Intergovernmental Committees
Ministerial Councils obtain advice and support through auspices of a number of intergovernmental technical committees. Some of these Committees having relevance to management of natural resources and environment include:
bullet Standing Committee on Agriculture and Resource Management (SCARM)
bulletAustralia and New Zealand Land Information Council (ANZLIC)
bulletNational Maritime Safety Council (NMSC)

References:
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List of Ministerial Councils compiled from the website of the Department of Prime Minister and Cabinet

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Agriculture and Resource Management Council of Australia and New Zealand (ARMCANZ) - ARMCANZ Home Page > Background - Coordination of Australian Government Policy in Agriculture | Standing Committee on Agriculture and Resource Management (SCARM) - Publications and Information

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References:
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Australian Natural Resources Atlas