Call for Comment National Recovery Plan for the Black-breasted Button-quail (Turnix melanogaster)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to establish a framework for the conservation of biodiversity and ecological communities. This legislation was introduced to address the gap in comprehensive protection and management of Australia's unique and threatened species and ecosystems. The Act aims to prevent significant damage to the environment caused by Commonwealth actions, and to promote the sustainable use of natural resources. In the context of the Black-breasted Button-quail, the EPBC Act facilitates the development and implementation of recovery plans to ensure the protection and recovery of listed threatened species. The Department of Agriculture, Water and the Environment is responsible for overseeing the creation of these recovery plans, with a policy objective of enhancing the conservation status of threatened species through targeted management and research initiatives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, entities, and industries that may impact on matters of national environmental significance, including listed threatened species such as the Black-breasted Button-quail. This Act has a national jurisdictional reach across the Commonwealth of Australia, and its provisions extend to actions that may affect the conservation and recovery of listed threatened species. The Act provides for the creation of recovery plans for such species, which includes research and management actions to promote their recovery. The draft National Recovery Plan for the Black-breasted Button-quail is currently under review and open for public comment as part of the legislative process. The scope of the Act is further extended through subordinate instruments, which may specify additional actions or measures to be taken in relation to the conservation and recovery of listed threatened species. Exclusions and exemptions from the Act are specified within its provisions, and may apply to certain activities or entities based on factors such as the potential impact on the species in question.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 275 and 276) mandates the development and public consultation of recovery plans for listed threatened species, such as the Black-breasted Button-quail. Under section 275 of the Act, the Department of Agriculture, Water and the Environment is tasked with preparing these recovery plans, which outline the necessary actions for the conservation and recovery of the species. Section 276 requires the Department to seek public comment on these draft plans to ensure they are comprehensive and incorporate stakeholder input. The Act imposes several obligations on both the Department and the public regarding the drafting and consultation process for the recovery plan. The Department must ensure that the draft plan is made publicly available, as seen with the online publication and postal address provided for feedback (section 275). The public, including researchers, conservation groups, and other stakeholders, have the responsibility to review the draft plan and submit their comments to the Department by the specified deadline (section 276). These comments should be constructive and aim to improve the effectiveness of the recovery actions proposed. Failure to comply with the requirements set out in the EPBC Act can lead to various consequences. While the Act itself does not specify penalties for non-compliance with the call for comments on draft recovery plans, non-compliance with other provisions of the Act may result in substantial penalties. For example, section 513 of the EPBC Act imposes penalties for taking an action that is likely to have a significant impact on a listed threatened species without approval, with fines that can reach up to $666,000 for individuals and $3.33 million for corporations. These penalties underscore the importance of adhering to the legislative requirements aimed at protecting and conserving threatened species.