Call for Public Comment - Recovery Plan for Sawfish and River Sharks (2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to protect and manage environmental values and heritage, particularly in the context of biodiversity conservation. The policy objective of the Act is to ensure that the environment, including species and ecosystems of national significance, is protected from adverse impacts arising from human activities. The Department of the Environment is currently seeking public comment on the Draft Recovery Plan for Sawfish and River Sharks, which aims to outline strategies for the recovery of threatened sawfish and river shark species within Australian waters. This initiative underscores the commitment of the Australian Government to the conservation and sustainable management of biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities and activities that may impact on matters of national environmental significance, including threatened species and their habitats. In this case, the Act is being used as the legislative framework for the development and implementation of a recovery plan for sawfish and river shark species in Australia. The recovery plan is aimed at all interested parties, including individuals, organisations, and industry groups that may be affected by or have an interest in the conservation of these species. The Act's jurisdictional reach is national, with the Commonwealth having responsibility for the protection of matters of national environmental significance. The Act also extends to territories and external territories of Australia. However, the Act does not apply to state-controlled matters, such as land use planning and water management. The recovery plan itself may impose obligations on certain entities, such as fisheries and other industries that may impact on the species, and may also provide for exemptions or thresholds in certain circumstances. The Act may also be extended or restricted through subordinate instruments, such as regulations or guidelines.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") contains provisions that require the development of recovery plans for threatened species, including sawfish and river sharks. Section 180 of the Act mandates the preparation of recovery plans for species that are endangered or vulnerable, and section 183(1) allows the Minister to declare a species as threatened. Under section 275, the Department of the Environment may call for public comment on draft recovery plans. This is the process currently underway for the Draft Recovery Plan for Sawfish and River Sharks, which includes species such as Pristis pristis, Pristis zijsron, Pristis clavata, Glyphis glyphis, and Glyphis garricki. The obligations imposed by the Act on the Department of the Environment include preparing and publishing draft recovery plans for public comment. The Department is required to ensure that the recovery plans contain adequate information on the research, management, and other actions necessary for the recovery of the threatened species. In this instance, the Department must gather and incorporate feedback from interested parties and individuals on the Draft Recovery Plan for Sawfish and River Sharks. The public comment period allows stakeholders to provide input on the plan, which the Department must consider in the final version of the recovery plan. Additionally, the Act mandates that the Department make the draft recovery plan available for public inspection and provide information on how to submit comments. Failure to comply with the requirements of the Act may result in civil or criminal consequences. Under section 518 of the Act, an individual or entity found guilty of an offence related to the destruction or adverse modification of the habitat of a listed threatened species may be subject to fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment for up to five years. Additionally, under section 528, an individual or entity found guilty of an offence related to the unauthorised taking, injuring, or killing of a listed threatened species may be subject to fines of up to $333,300 for individuals and $1,666,500 for corporations, as well as imprisonment for up to seven years. These penalties serve as a deterrent against actions that may harm the recovery of threatened species and ensure compliance with the provisions of the Act.