Call for Comment on Draft National Recovery Plan for albatrosses and petrels

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection and management of Australia's biodiversity. The Act aims to provide a national approach to the conservation of wildlife, their habitats, and the ecosystems upon which they depend. The EPBC Act was introduced to fill the gap left by the lack of a unified national policy for the protection of threatened species and their habitats, and to ensure that environmental considerations are integrated into decision-making processes. The enacting body was the Commonwealth Parliament, with the policy objective being to protect and manage Australia's biodiversity through a collaborative approach that involves all levels of government and stakeholders. In response to the need for a coordinated effort to recover threatened species, the Department of Agriculture, Water and the Environment has published a draft national recovery plan for albatrosses and petrels. This plan outlines the necessary research, management, and other actions required to halt the decline and support the recovery of these species, which are listed as threatened under the EPBC Act. The Department is currently seeking public comment on the draft recovery plan, with a closing date of 27 August 2021. Interested parties can access the draft plan and provide feedback via the Department's website or by submitting a written response to the specified postal or email address. This call for comment is an essential step in ensuring the effectiveness and inclusivity of the recovery plan, aligning with the EPBC Act's objective to foster collaboration in the protection and management of Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of activities that may impact on matters of national environmental significance, including listed threatened species such as albatrosses and petrels. This Act provides the legislative framework for the development and implementation of recovery plans for these species, which aim to halt their decline and support their recovery. The Act applies to individuals, entities, industries, and actions that may affect these species, encompassing a broad scope of activities that could potentially harm the species or their habitats. The geographic reach of the Act is national, extending across all jurisdictions within Australia, as it is a Commonwealth Act. However, it can also be applied in conjunction with state and territory laws to ensure comprehensive protection. The Act includes provisions for exclusions and exemptions, which can be specified through subordinate instruments such as regulations or determinations. The current call for comments on the draft national recovery plan for albatrosses and petrels is an example of how the Act is applied to develop and refine protective measures for these species.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of Australia's biodiversity and the management of threatened species and their habitats. The Act's Section 275(1) allows for the development of national recovery plans for listed threatened species, which in this case are albatrosses and petrels. These recovery plans are intended to outline the necessary research, management actions, and other measures required to halt the decline and support the recovery of the listed species. Under the EPBC Act, the Department of Agriculture, Water and the Environment has a mandate to prepare these recovery plans and to seek public comment on draft plans, as outlined in Section 275(2). The department's role includes coordinating with other agencies, stakeholders, and the public to ensure the recovery plans are comprehensive and scientifically sound. The draft recovery plan for albatrosses and petrels is available for public scrutiny and feedback until 27 August 2021. Submissions can be made by post or email, and the department provides a contact number for further information. The department is also responsible for handling any personal information provided in the submissions in accordance with their privacy policy. Failure to comply with the provisions of the EPBC Act and its recovery plans may result in various consequences. Section 474 of the Act provides for civil remedies and penalties for non-compliance, which can include fines and other monetary penalties. Additionally, Section 475 outlines criminal penalties for serious breaches, which can result in significant fines and imprisonment. These provisions serve to enforce the Act's objectives and ensure the protection and recovery of listed threatened species.