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PDF file

• Bilateral Agreement between the Commonwealth of Australia and New South Wales to deliver the extension of the Natural Heritage Trust (PDF - 679 KB)

Preamble

1. Through this Agreement, the Parties (the Commonwealth and the State of New South Wales) wish to reflect their intent to work as joint investment partners, with the community and other stakeholders, in natural resource management activities. In particular, the Commonwealth and New South Wales jointly seek to fulfil the three overarching objectives of the Trust agreed by the Natural Resources Management Ministerial Council (NRMMC) on 3 May 2002, namely:
   1. Biodiversity conservation - the conservation of Australia's biodiversity through the protection and restoration of terrestrial, freshwater, estuarine and marine ecosystems and habitat for native plants and animals;
   2. Sustainable use of natural resources - the sustainable use and management of Australia's land, water and marine resources to maintain and improve the productivity and profitability of resource based industries; and
   3. Community capacity building and institutional change - support for individuals, landholders, communities, industry and organisations with skills, knowledge, information and institutional frameworks to increase capacity to implement biodiversity conservation, and sustainable resource use and management.
2. In accordance with the NRMMC decision of May 2002, Natural Heritage Trust investment will occur at three levels:
   1. National/State;
   2. Regional; and
   3. Local (Australian Government Envirofund).
3. National/State investments comprise three types of activity:
   1. Commonwealth activities;
   2. Commonwealth/State multilateral activities; and
   3. State level and within-State activities agreed bilaterally.
4. The role of the Parties in implementing the Agreement is to ensure that the Natural Heritage Trust investment is strategic, high priority and consistent with regional, State-wide and national priorities.
5. This Agreement covers joint investments by the Parties in National/State and regional activities.
6. The Trust consists of four programs: Landcare, Bushcare, Rivercare and Coastcare (refer Attachment 1). These programs establish the resource condition outcomes that will be sought through Trust investment. At the State level and regional level, the four programs will be integrated and complementary outcomes will be pursued.
7. The following ten areas of activity define the scope of Trust investment:
   1. protecting and restoring the habitat of threatened species, threatened ecological communities and migratory birds;
   2. reversing the long-term decline in the extent and quality of Australia's native vegetation;
   3. protecting and restoring significant freshwater, marine and estuarine ecosystems;
   4. preventing or controlling the introduction and spread of feral animals, aquatic pests, weeds and other biological threats to biodiversity;
   5. establishing and effectively managing a comprehensive, adequate and representative system of protected areas;
   6. improving the condition of natural resources that underpins the sustainability and productivity of resource based industries;
   7. securing access to natural resources for sustainable productive use;
   8. encouraging the development of sustainable and profitable management systems for application by land-holders and other natural resource managers and users;
   9. providing land-holders, community groups and other natural resource managers with understanding and skills to contribute to biodiversity conservation and sustainable natural resource management; and
   10. establishing institutional and organisational frameworks that promote conservation and ecologically sustainable use and management of natural resources.
8. Natural resource management priorities will vary between regions and between States/Territories, as will the extent to which the areas of activity identified for Trust investment are addressed in regional plans. It is, therefore, not anticipated that each regional NRM plan will necessarily address all of the ten areas of activity. Similarly, equal emphasis may not be applied to all components of a single area of activity within a regional plan.
9. The Parties acknowledge the different roles and responsibilities of the Commonwealth and the State for natural resource management that arise from the Commonwealth Constitution, and acknowledge that the principal responsibilities lie with the State. Further, the Parties consider that decision-making in relation to natural resource management should remain the primary responsibility of elected governments with input from regional bodies that have been established to advise those governments.
10. The Parties affirm that this Agreement is a joint investment in natural resource management and will function within the institutional and statutory frameworks that operate in New South Wales. The Parties acknowledge that the State has an effective framework of legislation, policy and regulations that provides for national requirements and is an appropriate foundation for the Agreement.
11. The prior occupation of New South Wales by Aboriginal peoples is recognised. The Natural Heritage Trust will include Aboriginal peoples, their cultural values and knowledge in the Natural Heritage Trust's planning, implementation and evaluation processes.
12. The Parties recognise that whilst this Agreement is between the Commonwealth and the State of New South Wales, implementation of the Natural Heritage Trust will involve significant investment from a range of stakeholders. The Parties recognise the active involvement of regional communities as fundamental to effective implementation of the Natural Heritage Trust.
13. This Agreement is made pursuant to sub-section 19(2) of the Natural Heritage Trust of Australia Act 1997 (Cth) and section 5 of the Natural Resources Management (Financial Assistance) Act 1992 (Cth).