Department of the Environment
Commonwealth of Australia
Environment Protection and Biodiversity Conservation Act 1999
Notice under Section 275
CALL FOR PUBLIC COMMENT
Draft Recovery Plan for Three Handfish Species (Brachionichthys hirsutus, Thymichthys politus and Brachiopsilus ziebelli) (2014)
The Department of the Environment is calling for public comment from interested groups and individuals on the Draft Recovery Plan for Three Handfish Species (Brachionichthys hirsutus, Thymichthys politus and Brachiopsilus ziebelli) 2014. The draft recovery plan describes research, management and other actions to assist the recovery of threatened handfish species in Australian waters.
The Australian Government has made this recovery plan available at: http://www.environment.gov.au/topics/biodiversity/threatened-species-ecological-communities/recovery-plans/recovery-plans-open
Comments must be received by Friday 24 April 2015 and should be sent to:
Postal address:
Protected Species and Communities Branch
Wildlife, Heritage and Marine Division Department of the Environment
GPO Box 787
CANBERRA ACT 2601
Email: recoveryplans@environment.gov.au
For further information please contact the department’s Community Information Unit on 1800 803 772
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted by the Commonwealth Parliament to address the need for comprehensive protection and conservation of the environment, including threatened species and ecological communities. This legislation aims to provide a framework for the protection and management of the environment, particularly focusing on matters of national environmental significance. In this context, the EPBC Act facilitates the creation of recovery plans for species at risk, as seen in the Draft Recovery Plan for Three Handfish Species (Brachionichthys hirsutus, Thymichthys politus, and Brachiopsilus ziebelli) released in 2014. The draft recovery plan was developed to outline research, management and other necessary actions to assist in the recovery of these threatened species within Australian waters. The Department of the Environment invites public comment on this draft plan to ensure that the recovery process incorporates community input and expertise. This collaborative approach aligns with the policy objective of the EPBC Act, which is to promote sustainable development by protecting and conserving Australia’s unique environmental heritage.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may have a significant impact on matters of national environmental significance, including threatened species and ecological communities. This legislation has a Commonwealth reach, which means it applies across the entire nation. The draft recovery plan for the handfish species Brachionichthys hirsutus, Thymichthys politus, and Brachiopsilus ziebelli falls under this Act as it concerns the protection of threatened species. The Act applies to all persons and entities that may undertake actions that impact these species, and it mandates that certain activities require approval from the relevant Commonwealth Minister. There are provisions within the Act that allow for the establishment of recovery plans and the setting of conservation objectives. While the Act broadly applies to all actions that may impact listed threatened species, specific exemptions and thresholds are determined through subordinate instruments or Ministerial determinations, ensuring that the scope and application of the Act can be tailored to the unique needs of different species and circumstances.
Key Provisions
The key provisions of this notice under Section 275 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concern the draft recovery plan for three species of handfish: Brachionichthys hirsutus, Thymichthys politus, and Brachiopsilus ziebelli. The notice (paragraph 1) mandates that the Department of the Environment is soliciting public comment on this draft recovery plan, which is aimed at outlining the necessary research, management, and other actions to facilitate the recovery of these threatened species in Australian waters. The draft recovery plan is available for review and feedback through the specified government website (paragraph 2), and interested parties are encouraged to submit their comments by the deadline of Friday, 24 April 2015.
The Act imposes specific obligations and requirements on both the Department of the Environment and the public. For the Department, these include the preparation of a comprehensive draft recovery plan detailing necessary actions for species recovery and the facilitation of public consultation on this plan (Section 275). For the public, the requirement is to review the draft recovery plan and submit their feedback by the specified date (paragraph 3). The public must send their comments via the provided postal address or email, ensuring that all submissions are received by the stipulated deadline.
Failure to comply with the obligations and requirements set out in this notice may result in various civil or administrative consequences. However, the notice does not explicitly state any criminal penalties or maximum penalties for non-compliance. The primary focus is on ensuring that the draft recovery plan incorporates public feedback to enhance its effectiveness in protecting and recovering the threatened handfish species. It is essential for interested parties to submit their comments within the given timeframe to participate in the legislative process and contribute to the conservation efforts for these species.