Call for Comment National Recovery Plan for the Eastern Bristlebird (Dasyornis brachypterus)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act aims to ensure that the impacts of proposed actions are properly assessed and managed, and that threatened species and ecological communities are afforded protection. In this context, the Act was introduced to address the problem of biodiversity loss and the need for coordinated national efforts to conserve threatened species. The Department of Agriculture, Water and the Environment is currently seeking public comment on a draft National Recovery Plan for the Eastern Bristlebird, a listed threatened species, which outlines actions to promote its recovery. This initiative demonstrates the policy objective of the EPBC Act to facilitate the recovery of threatened species through collaborative and evidence-based strategies.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any actions that may significantly impact listed threatened species, including the Eastern Bristlebird. The Act mandates the preparation of National Recovery Plans for species listed as threatened under Commonwealth legislation, and the draft recovery plan for the Eastern Bristlebird falls under this requirement. This legislation applies to any persons or entities whose activities may affect the species or its habitat, including individuals, corporations, and government agencies. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia and its territories. The Act provides a framework for the conservation of biodiversity and the protection of the environment, and it may extend its application through subordinate instruments such as regulations and guidelines. The draft recovery plan is open to public comment until 17 December 2021 and can be accessed on the Department of Agriculture, Water and the Environment’s website. Comments should be directed to the Protected Species and Communities Branch of the Department.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the principal piece of legislation governing the protection of the environment and biodiversity in Australia. Under Section 275 of the EPBC Act (275), the Department of Agriculture, Water and the Environment is mandated to develop and publish draft recovery plans for listed threatened species. This includes the Eastern Bristlebird (Dasyornis brachypterus), a species identified as needing a recovery plan due to its endangered status. The draft recovery plan outlines the necessary research, management actions, and other strategies intended to promote the species' recovery. The Act imposes specific obligations on the Department, requiring it to consult with relevant stakeholders, including the public, in the development of these recovery plans. For the Eastern Bristlebird, this consultation period involves soliciting comments on the draft recovery plan, as stated in the notice under Section 275 (275). The Department must ensure that the draft recovery plan is made publicly available and that feedback is collected by a specified deadline, in this case, 17 December 2021. Submissions must be directed to a specific email address or postal address provided by the Department. Failure to comply with the requirements of the EPBC Act, such as not adhering to the stipulated timelines for consultation or neglecting to implement the recovery plan, could lead to various consequences. While the Act itself does not specify penalties for non-compliance in this context, breaches of its provisions can lead to legal action. Such breaches might result in civil or criminal penalties under other sections of the Act or related laws, depending on the severity and nature of the non-compliance. The outcomes can range from fines to more severe penalties, reflecting the seriousness of the environmental impact.