Call for Comment on Draft National Recovery Plan for the Mainland Eastern Barred Bandicoot (Perameles gunnii (Victorian subspecies))

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the nation's biodiversity, by regulating activities that may impact on matters of national environmental significance, including listed threatened species and ecological communities. This Act was introduced to address the problem of biodiversity loss and to provide a framework for the conservation and sustainable use of Australia's natural resources. The policy objective of the Act is to protect and conserve Australia's biodiversity, including threatened species and their habitats, through effective regulation and management of activities that may impact on them. The Department of Agriculture, Water and the Environment is responsible for administering the Act, and in this instance, is seeking comments on a draft national recovery plan for the mainland eastern barred bandicoot, a listed threatened species. The draft national recovery plan aims to provide for the research, management and other actions necessary to halt the decline and support the recovery of the mainland eastern barred bandicoot. The Australian Government has made the draft recovery plan available for public comment, with a closing date of 27 August 2021. Submissions should be sent to the Department of Agriculture, Water and the Environment, and further information on the recovery plan and commenting process can be found on the Department's website. The Department is committed to protecting the personal information provided in relation to submissions, and has outlined its privacy policy on its website.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the conservation of biodiversity, particularly focusing on threatened species and ecological communities, and the mitigation of impacts from development and activities. The Act applies to actions that may have a significant impact on matters of national environmental significance, including listed threatened species and ecological communities. In the context of the draft national recovery plan for the mainland eastern barred bandicoot (Perameles gunnii (Victorian subspecies)), the Act mandates the development and implementation of recovery plans for listed threatened species. This recovery plan applies to individuals, organisations, and entities that may affect the species or its habitat, with a focus on those within the geographic range of the species in Victoria. The Act's jurisdiction is national, as it is a Commonwealth Act, and it extends to all territories and external territories of Australia. Exclusions and exemptions may apply depending on the specific activities and the presence of other legislative measures, but these are subject to the overarching objective of conserving the species and its habitat. The EPBC Act may also extend its application through subordinate instruments, such as regulations and guidelines, which provide further detail on the implementation of the Act's provisions.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to the call for comment on the Draft National Recovery Plan for the Mainland Eastern Barred Bandicoot (Perameles gunnii (Victorian subspecies)) include Sections 277 and 278. Section 277(1) requires the Minister for the Environment to prepare a draft national recovery plan for a listed threatened species, ecological community, or key threatening process. Section 278(1) mandates the Minister to call for public comment on the draft plan. These sections work together to ensure that there is an opportunity for public input on the draft recovery plan before it is finalised and implemented. The Act imposes several obligations on the parties it governs. For instance, the Minister for the Environment, under Section 277(2), must ensure that the draft recovery plan contains appropriate measures to address the threats to the species and to support its recovery. The public, as per Section 278, is obligated to review the draft recovery plan and submit their comments to the Department of Agriculture, Water and the Environment by the specified deadline. This participatory approach ensures that the recovery plan is well-informed and considers a broad range of perspectives and expertise. Failure to comply with the requirements of the Act can lead to various consequences. Under Section 277(5), any person who provides false or misleading information in their comments may be subject to civil or criminal penalties. The Act does not specify the exact penalties for such breaches; however, the severity of the penalty would depend on the nature and extent of the false or misleading information provided. Additionally, any actions that negatively impact the threatened species in contravention of the recovery plan could also result in penalties under other sections of the Act, which may include fines and imprisonment. The Act also provides for the enforcement of its provisions through Section 316, which outlines various offences related to the protection of threatened species. For example, Section 316(1) makes it an offence to take an action that is likely to adversely affect a listed threatened species. The maximum penalties for such offences can be substantial, with Section 316(2) specifying that individuals can be fined up to $222,000 or imprisoned for up to two years, or both. Corporations can face even higher penalties, with fines reaching up to $1,110,000 or more, depending on the seriousness of the offence. These penalties serve as a deterrent against activities that could harm the recovery efforts for the Mainland Eastern Barred Bandicoot.