Draft Updated Threat Abatement Plan for Predation by Feral Cats

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a pivotal piece of legislation aimed at protecting Australia's biodiversity by providing a framework for the conservation of threatened species and ecological communities. The Act was introduced to address the growing concerns over the detrimental impacts of various threats, including the predation by feral cats, on Australia's native wildlife and ecosystems. Enacted by the Parliament of Australia, the policy objective of the Act is to facilitate the protection and sustainable use of Australia's natural heritage. The draft updated threat abatement plan for predation by feral cats, as outlined in the recent notice, aims to address the key threatening process listed under the Act by outlining management, research, and other actions to mitigate the impacts of feral cat predation on threatened species and ecological communities. This call for public comment underscores the government's commitment to engaging with stakeholders in refining and enhancing the effectiveness of the threat abatement plan.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to a broad range of entities and individuals within Australia, including federal and state governments, businesses, individuals, and non-profit organisations, in relation to actions that may impact listed threatened species, ecological communities, and key threatening processes. In the context of the draft updated threat abatement plan for predation by feral cats, the Act specifically targets the management and control of feral cat populations to mitigate their adverse effects on biodiversity. This plan extends its reach to all areas within Australian jurisdiction, whether on land, in waters, or in the air, and applies to all entities and individuals who may be involved in activities that could exacerbate the threat of feral cat predation. While the Act generally applies to all actions causing harm to protected species and communities, there may be certain exclusions or exemptions defined in subordinate instruments or specific regulations related to particular industries or activities. The public is invited to provide feedback on the draft plan, which is accessible via the Department of Climate Change, Energy, the Environment and Water's website, during the specified comment period.

Key Provisions

The draft updated Threat Abatement Plan for predation by feral cats, which is open for public comment, outlines measures to address the key threatening process identified under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (section 444). This plan is intended to mitigate the detrimental effects of feral cats on Australia's threatened species and ecological communities. Section 448 of the Act mandates that the Minister must develop a threat abatement plan for a key threatening process, and section 474 requires the Minister to have regard to certain matters when developing such a plan. The draft plan includes strategies for managing feral cat populations, conducting research, and implementing other actions to reduce their impact. The Act imposes specific obligations on entities affected by the threat abatement plan. Section 444 of the Act requires the Minister to develop a threat abatement plan for a key threatening process, and section 445 mandates that the Minister must prepare a draft plan and invite public comment. Section 446 requires the Minister to consider submissions received during the public comment period before finalising the plan. Additionally, section 474(2) stipulates that in preparing the plan, the Minister must have regard to the potential impact on the economy, the potential impact on employment, and the potential impact on Indigenous cultural practices. Failure to comply with the provisions of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) can result in both civil and criminal penalties. Section 516 of the Act provides that a person who contravenes an order made under the Act commits an offence and is liable to a penalty. The maximum penalty for an individual is 500 penalty units, or for a body corporate, 5,000 penalty units (section 516(1)). Furthermore, section 528 states that a person who intentionally, recklessly, or negligently causes harm to a listed threatened species or ecological community can also be subject to penalties. The maximum penalty for an individual is 500 penalty units, or for a body corporate, 5,000 penalty units. These provisions underscore the importance of adhering to the requirements set out in the threat abatement plan to protect Australia's biodiversity.