Part 5: Appendices
Additional information required under specific legislation or other reporting requirements.
Ecologically Sustainable Development and Environmental Performance
Throughout 2012–13 the department undertook its activities in accordance with the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Under section 516A of the EPBC Act, the department is required to report on:
- how its activities accord with, and its outcomes contribute to, the principles of ecologically sustainable development (subsections (6)(a) and (b))
- the environmental impacts of its operations during the year and measures taken to minimise those impacts (subsections (6)(c), (d) and (e)).
Ecologically sustainable development
Infrastructure delivery in Australia's non-self-governing territories
The department is responsible for infrastructure delivery in the Indian Ocean Territories and Jervis Bay Territory. Each infrastructure project is assessed against the requirements under the EPBC Act at the project approval stage. Environmental management plans are established at the construction phase and implemented during project delivery.
All project design and delivery work takes into account sustainability principles and whole-of-life impacts.
The department has access to the Department of Defence's Infrastructure and Environment and Heritage panels. The panels' expert providers assist the department with planning for projects, developing request for tender documentation, incorporating environmental requirements into contractual arrangements and obtaining environmental approvals.
In 2012–13, the following projects contributed to ecologically sustainable development in Australia's non-self-governing territories:
- Sixteen new dwellings were completed at the Drumsite Village on Christmas Island under the new housing program. The design of the new houses recognised the physical, cultural, heritage and environmental conditions of Christmas Island.
- The wastewater treatment plant on Christmas Island was upgraded to cope with the increased population on the island and to support the operations of the island's detention centre.
- The department continued to work with the Australian Maritime Safety Authority on removing the MV Tycoon wreck from Flying Fish Cove. The salvage operation removed a large amount of scrap metal that posed a danger to the safe operation of the port. The department also commissioned the Department of Fisheries Western Australia to conduct an environmental survey to complement the surveys completed during 2011–12. Preliminary indications are that there was a negligible impact on the environment in Flying Fish Cove.
Regional Development Australia Fund
The Regional Development Australia Fund supports the economic, environmental and community needs of Australia's regions by co-funding projects that address identified priorities in regional communities. Various projects announced in 2012–13 as part of the third and fourth funding rounds will promote better environmental outcomes in local communities.
In Esperance, Western Australia, a sustainable infrastructure project will provide innovative systems and technologies for renewable energy generation and provide waste and recycling technologies at the town's waterfront.
On Norfolk Island, the installation of a waste incinerator and briquette press will minimise the impact waste disposal has on the island's environment and will provide alternative uses for waste paper and cardboard.
The second stage of the South Coast Solar Project, located in the Batemans Bay area of New South Wales, will include the installation of three large solar arrays on key energy-intensive water and sewerage assets as part of a larger 11-array project. The integrated project will deliver high-quality treated water to the shire. The additional energy costs and emissions from the treatment plants will be offset by the renewable energy generated, enabling the region to reach its target of 20 per cent renewable energy generation by 2020.
In Kilcoy, Queensland, an interpretive environmental and visitor centre was created to promote sustainable agriculture in the region. The centre will encourage new ideas to combat poor conservation and management of environmental assets and biodiversity.
Environmental impacts of operations
The department remains committed to minimising its impact on the environment and places a high priority on being consistent with ecologically sustainable development principles and EPBC Act requirements.
A consolidation of office space was finalised in July 2012, with all Canberra-based staff moving into one office building, Garema Court in Canberra's central business district. Besides achieving substantial savings by consolidating tenancies and moving staff into one central location, the move had a number of environmental benefits. Reusing existing furniture, for example, minimised waste and avoided the need to purchase new office materials. To promote healthy and environmentally friendly commuting options, the building is equipped with a change room and bicycle storage facilities for staff use.
The department's Garema Court building has a five star National Australian Built Environment Rating (NABERS) base building energy rating and a 3.5 star water efficiency rating. Energy use in Garema Court includes ten per cent green power, which is achieved through accessing the whole-of-government electricity supply contract, managed by the Department of Defence.
The department aligns its technology activities with the Australian Government ICT Sustainability Plan 2010–2015 developed by the Department of Sustainability, Environment, Water, Population and Communities. The plan outlines strategies to address environmental impacts arising from ICT operations. Under the plan, Commonwealth agencies are required to use 100 per cent recycled paper before July 2015— a target that the department has already begun to meet. Recycling bins are provided throughout the department's office space to minimise the amount of material sent to landfill.
Screen Production Incentive and Foreign Actor Certification Scheme
Australian Screen Production Incentive
The department administers the film tax offset programs that provide incentives for large-budget film and television productions to locate in Australia and encourage post, digital and visual effects production—the Location Offset and the Post, Digital and Visual Effects (PDV) Offset. Screen Australia administers the Producer Offset.
The Location Offset provides a 16.5 per cent rebate on large-budget productions that spend at least $15 million on qualifying Australian production expenditure.
The PDV Offset provides a 30 per cent rebate on the qualifying post, digital and visual effect expenditure of productions that spend at least $500,000 on qualifying expenditure, including those productions not necessarily shot in Australia.
The Australian Screen Production Incentive (comprising the Producer Offset, Location Offset and the PDV Offset) was introduced in 2007. The legislation governing the film offsets is Division 376 of the Income Tax Assessment Act 1997.
In 2012–13, 12 final applications for screen production incentives were assessed within the 15-week timeframe, a key performance indicator for the department. The department also issued a further 14 provisional certificates for the PDV Offset.
Prior to the commencement of the Australian Screen Production Incentive, eligible productions received support under Divisions 10B or 10BA of the Income Tax Assessment Act 1936. Applications for provisional certification for Division 10BA or for certification 10B are no longer accepted and concessional status for investment in productions holding a valid 10B or 10BA certificate ceased on 30 June 2009. 2012–13 was the first year in which the department did not issue final certificates through the old scheme.
The Australian film the Sapphires was released in 2012.
Table 30: Film tax offset statistics, 2008–09 to 2012–13
|Film tax offset type||2008–09||2009–10||2010–11||2011–12||2012–13|
|10BA film tax offset provisional applications||–||–||–||–||–|
|10BA film tax offset final applications||58||14||7||7||–|
|10B film tax offset applications||–||–||–||–||–|
|Location and PDV offset provisional applications||1||–||1||9||14|
|Location and PDV offset final applications||9||4||5||10||12|
|Estimated location and PDV offset rebate payable to productions certified in financial year||$67.8m||$33.5m||$16.8m||$23.4m||$12.9m|
Foreign Actor Certification Scheme
The department administers the Foreign Actor Certification Scheme for screen performers entering Australia to work on film and television productions.
The scheme is intended to achieve key government cultural objectives by ensuring that Australian industry personnel are given a fair chance in securing employment in film and television productions shot in Australia, and that Australian voices are heard in Australian productions.
Table 31: Foreign Actor Certification Scheme statistics, 2008–09 to 2012–13
|Number of foreign actors certified||103||98||94||86||97|
Protection of Movable Cultural Heritage Act Report
The Protection of Movable Cultural Heritage Act 1986 (PMCH Act) regulates exportation of objects in cases where the export of the object would significantly diminish Australia's cultural heritage. It also compels Australia to respond to an official request by a foreign government to return objects that have been illegally exported in contravention of that country's cultural heritage laws.
This report has been prepared in accordance with section 47 of the PMCH Act and covers the operation of the Act from 1 July 2012 to 30 June 2013.
Additional information on the PMCH Act and the Australian Government's movable cultural heritage policies is available at www.arts.gov.au/movable.
National Cultural Heritage Account
The National Cultural Heritage Account helps to keep and preserve objects with significant cultural heritage in Australia. Each year, the account makes available $500,000 to eligible Australian cultural organisations to apply for funding to buy nationally significant objects that they could not otherwise afford. The account also helps cultural institutions to display or maintain objects that have been purchased under the account.
During 2012–13 the account funded the following acquisitions:
- a Marshall T62575 engine, New England Antiques Machinery Club
- Mary Ann Friend's diary (1830), State Library of Western Australia
- Water Dreaming at Kalipinya (1971) by Johnny Warangkula Tjupurrula, National Gallery of Australia
- the Virgin Rainbow Opal, South Australian Museum.
A full list of acquisitions made since the account was established in 2001 can be found at www.arts.gov.au/movable/account.
Compliance and enforcement
The department is responsible for ensuring that importers and exporters of significant cultural heritage objects comply with PMCH Act regulations.
During 2012–13 the department responded to 59 enquiries received through the PMCH Act mailbox about import and export restrictions of items of significant cultural heritage.
Objects illegally exported from another country in contravention of the cultural heritage laws of that country, and imported to Australia, may be subject to seizure and forfeiture to the Australian Government for return to the requesting government.
Administrative Appeals Tribunal
Section 48 of the PMCH Act provides that certain ministerial decisions may be reviewed by the Administrative Appeals Tribunal. The tribunal did not review any decisions under the PMCH Act during 2012–13.
Export applications and assessments
The department is responsible for assessing applications for export permits, including determining whether objects meet the criteria as Australian protected objects and, if so, whether an export permit should be issued or denied. Table 30 shows the number of applications received in 2012–13 and the outcomes of those that were finalised during the year.
Table 32: Export permit applications and outcomes of applications finalised in 2012–13
|Number of applications||Number of objects|
|Applications active at 30 June 2013||35||1,500,040|
|Outcomes of applications finalised|
|Permanent export permits issued||22||22|
|Temporary export permits issued||9||9|
|Applications finalised—no permit required||31||363|
|Certificates of exemption issued||10||10|
National Cultural Heritage Committee
The National Cultural Heritage Committee is appointed by the Minister for the Arts under the PMCH Act. The committee advises the Minister on the operation of the PMCH Act, the National Cultural Heritage Control List, and the National Cultural Heritage Account.
The committee comprises:
- four people each representing a different collecting institution
- a nominee of the Minister for Indigenous Affairs (being an Aboriginal or Torres Strait Islander person)
- a nominee and member of Universities Australia
- four people having experience relevant to the cultural heritage of Australia.
Members serve for terms of up to four years, and are eligible for reappointment. The names of the committee members in 2012–13 and their appointment terms are provided in Table 31.
Table 33: Membership of the National Cultural Heritage Committee in 2012–13
|Member||Term of appointment|
|Chair Dr Patrick Greene OBE||Appointed member 6 May 2010 to 30 June 2013 Appointed chair 10 March 2013 to 30 June 2013|
|Dr Suzanne Miller||Reappointed 17 August 2011 to 17 August 2014|
|Professor Kenneth Polk||Appointed 15 May 2010 to 15 May 2013|
|Ms Avril Quaill||Reappointed 10 March 2011 to 31 March 2014|
|Professor Andrew Reeves||Appointed 3 April 2011 to 31 March 2014|
|Professor Janice Reid||Appointed 10 March 2011 to 31 March 2014|
|Ms Anne-Marie Schwirtlich||Reappointed 17 August 2011 to 17 August 2014|
|Mr Tim Sullivan||Appointed 14 August 2012 to 13 August 2015|
|Ms Margie West AM||Appointed 14 August 2012 to 13 August 2015|
|Ms Kylie Winkworth||Reappointed 19 July 2010 to 31 December 2013|
The Bundanon Trust's Riversdale Festival. (Photo Courtesy of Bundanon Trust.)