Call for comment on the draft National Recovery Plan for the Koala (Phascolarctos cinereus) (combined populations of Queensland, New South Wales and the Australian Capital Territory)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of the Commonwealth of Australia to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This includes the protection of threatened species and ecological communities. In response to the declining populations of koalas across Queensland, New South Wales, and the Australian Capital Territory, the Department of Agriculture, Water and the Environment has released a draft National Recovery Plan for the Koala (Phascolarctos cinereus) under Section 275 of the EPBC Act. The overarching policy objective of this recovery plan is to outline a comprehensive approach involving research, management, and other actions that will aid in the recovery and conservation of this listed threatened species. The Department is currently seeking public comments on the draft plan to ensure that the strategies and actions outlined are comprehensive and effective in achieving the desired conservation outcomes for the koala.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the draft National Recovery Plan for the Koala, which targets the species Phascolarctos cinereus across the combined populations of Queensland, New South Wales, and the Australian Capital Territory. This legislation falls under the purview of the Commonwealth of Australia and is administered by the Department of Agriculture, Water and the Environment. The Act is designed to facilitate the recovery of listed threatened species through coordinated research, management, and other necessary actions. The draft recovery plan is currently open for public comment until 24 September 2021, inviting submissions from interested parties via the Have Your Say website or through postal and email channels. The plan, aimed at promoting the recovery of koalas, is part of the broader legislative framework that governs environmental protection and biodiversity conservation in Australia. The Act allows for the creation and amendment of recovery plans, ensuring that they are adaptable to new research and changing circumstances, thereby providing a structured approach to species conservation.

Key Provisions

The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 that pertain to this draft recovery plan are Sections 275 (2) and (3) which outline the process for public consultation on matters of national environmental significance. Section 275 (2) allows the Department to request public comments on draft plans such as the National Recovery Plan for the Koala, while Section 275 (3) mandates the consideration of these comments in the finalisation of the plan. This means that the Department is required to review and potentially incorporate the feedback received during the consultation period into the final version of the recovery plan. The Act imposes several obligations on the Department of Agriculture, Water and the Environment. It mandates the Department to ensure that the recovery plan includes comprehensive research, management strategies and actions necessary for the recovery of the koala populations in Queensland, New South Wales and the Australian Capital Territory. Additionally, the Department must facilitate an open and accessible consultation process as outlined in Section 275, allowing interested parties to submit their comments and suggestions. This includes ensuring the draft plan is publicly available and providing clear instructions on how to submit feedback. Failure to comply with the obligations or the provisions of the Act can lead to various consequences. While the specific penalties for non-compliance with the consultation process itself are not detailed in the draft notice, breaches of the broader requirements under the Environment Protection and Biodiversity Conservation Act 1999 can result in significant penalties. For example, under Section 528, an individual can be fined up to $66,600 or be imprisoned for up to one year, or both, for contravening the Act. For corporations, the penalties can be substantially higher, reaching up to $3.33 million under the same section. These penalties underscore the importance of adhering to the Act's requirements and the seriousness with which non-compliance is treated.