EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 269A
(Issued under the Authority of the Minister for the Environment and Heritage)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and recognises the requirement to ensure recovery plans are in force under the Act.
The purpose of this instrument is to ensure a recovery plan is in force in accordance with s. 269A of the Act for:
- the blue whale (Balaenoptera musculus) – listed as endangered;
- the fin whale (Balaenoptera physalus) – listed as vulnerable; and
- the sei whale (Balaenoptera borealis) - listed as vulnerable.
In accordance with s. 270 of the Act and r. 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000, the plan includes:
- the objectives to be achieved during the life of the plan;
- criteria against which achievement of the objectives is to be measured;
- the actions needed to achieve the objectives;
- threats to the species;
- habitat critical to the survival of the species and the actions needed to protect those habitats;
- any populations of the species that are under particular pressure of survival and the actions needed to protect those populations;
- the estimated duration and cost of the recovery process and identify interests affected by the plans implementation and organisations/persons involved in evaluating the performance of the recovery plan;
- location of the species;
- areas of habitat that are critical to the survival of the species;
- important populations of the species that are necessary for long term survival and recovery;
- what must be done to stop the decline of and support the recovery and survival of the species by protecting important populations, protecting and restoring habitat; and
- where possible, management practices necessary to avoid a significant adverse impact on the species.
The information presented in the recovery plan and supported by experts in the field enabled the Threatened Species Scientific Committee (the Committee) to recommend the making of these Plans as required under s. 274 of the Act.
The following consultation on the Recovery Plans was undertaken:
- Draft plans were available on:
http://www.deh.gov.au/biodiversity/threatened/recovery/public-comments//index.html for comment for the period 15 December 2004 to 15 March 2005:
- Public comments sought through ads in national Australian newspaper and the Gazette;
- Minister sent letters to State and Territory Government seeking comments; and
- Meetings held with stakeholders.
On the basis of the advice of the Committee, and on assessment of comments received from the public and State and Territory Governments, I am satisfied that the Blue, Fin and Sei Whale Recovery Plan should be made.
The recovery plan is available electronically from the Australian Government Department of the Environment and Heritage at:
- http://www.deh.gov.au/biodiversity/threatened/recovery/list-common.html; or
- from the Community Information Unit, Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
In accordance with s. 273(1A) of the Environment Protection and Biodiversity Conservation Act 1999, the instrument commenced on the day on which it was made.
For the purposes of subsection 12(2) of the Legislative Instruments Act 2003, the rights and liabilities of a person other than the Commonwealth has not been adversely affected by the retrospective commencement of the Plan.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Australian Parliament to address the need for comprehensive protection and conservation of Australia's biodiversity, including threatened species and ecological communities. This Act was designed to ensure that recovery plans are in place for species at risk, thereby addressing a significant gap in biodiversity conservation efforts. Under the authority of the Minister for the Environment and Heritage, this legislative instrument was introduced to establish a recovery plan for the blue whale, fin whale, and sei whale, all of which are listed as endangered or vulnerable. The overarching policy objective is to facilitate the recovery and survival of these species by setting specific objectives, criteria, and actions necessary to protect their habitats and populations, as well as to mitigate threats. The recovery plan, which includes expert recommendations and public consultation, is intended to provide a structured framework for conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) pertains to the obligations of the Commonwealth to protect and conserve threatened species and ecological communities, specifically requiring recovery plans to be in place for endangered and vulnerable species. The Act applies to entities and individuals who may impact these species through their activities, including industries operating within Australia and its territorial jurisdiction. The geographic reach of the Act is national, extending across the Commonwealth, including states, territories, and Australian waters. The Act may be supplemented by subordinate instruments, which can extend or restrict its application further. This particular instrument under section 269A of the Act mandates a recovery plan for the blue whale, fin whale, and sei whale, which are listed as endangered and vulnerable respectively. The plan encompasses objectives, criteria for measuring progress, necessary actions, threats, critical habitats, populations under pressure, and estimated costs and duration of recovery efforts. Exclusions or exemptions from the Act’s application are not specified in this instrument but may be addressed in other parts of the legislation or its regulations.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) establishes a framework for the protection and conservation of threatened species and ecological communities. Specifically, section 269A (subsections 269A(1) and 269A(2)) mandates the development and implementation of recovery plans for certain species, including the blue whale, the fin whale, and the sei whale, all of which are listed as endangered or vulnerable. The primary objective of these recovery plans is to provide a structured approach to the recovery and survival of these species by outlining the objectives to be achieved, the criteria for measuring success, necessary actions, threats to be addressed, and the critical habitats that need protection. These plans also detail the estimated duration and costs associated with the recovery process, the populations under particular threat, and the management practices required to avoid significant adverse impacts on the species.
The Act imposes several obligations on parties involved in the recovery process. For instance, section 270 of the Act requires the recovery plan to be made available for public consultation and to incorporate feedback from relevant stakeholders, including state and territory governments. Additionally, the Threatened Species Scientific Committee (section 274) plays a critical role in advising on the recovery plans and recommending their implementation. The Act also requires the recovery plan to identify the organisations and individuals involved in evaluating the performance of the recovery plan. These obligations ensure that the recovery plans are comprehensive, inclusive, and scientifically sound.
Failure to comply with the requirements of the recovery plans can result in legal consequences. Under section 475 of the Act, unauthorised actions that are likely to have a significant impact on a listed species or ecological community can be subject to penalties. The penalties for contravening the Act can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they are designed to enforce the protection of endangered and vulnerable species effectively. These measures ensure that the recovery plans are not only developed but also implemented with due diligence to support the long-term survival and recovery of the specified whale species.