Environment Protection and Biodiversity Conservation Act 1999 - Notice under section 275 - Call for Public Comment - Draft Recovery Plan for Marine Turtles in Australia

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, was introduced to address the critical need for the protection and conservation of Australia’s biodiversity, particularly focusing on threatened species and ecological communities. This Act provides a framework for the protection of the environment from the impacts of Commonwealth activities and aims to facilitate the sustainable use of natural resources. The policy objective of this legislation is to prevent the extinction of species and ecological communities, and to promote the recovery of threatened species and communities. The Act serves as a central piece of environmental legislation, providing the primary legislative framework for the protection of Australia's environment and biodiversity. The Department of the Environment and Energy has called for public comment on the draft Recovery Plan for Marine Turtles in Australia, seeking input on necessary research and management actions to halt the decline and support the recovery of these threatened species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of activities and entities that may impact on matters of national environmental significance, including marine turtles. This federal legislation imposes obligations on individuals, companies, and other entities whose actions may affect these protected species. The Act's geographic reach extends across the Commonwealth, including territorial waters, and applies to actions both within Australia and by Australian citizens or entities overseas. Notably, the Act provides for the creation of recovery plans and conservation advice through subordinate instruments, which detail the necessary measures to protect and recover threatened species such as marine turtles. There are no specific exclusions outlined in the draft recovery plan notice, implying that all relevant stakeholders are expected to engage with and potentially contribute to the proposed measures. The public is invited to provide feedback on the draft plan, which serves to ensure that the actions outlined are comprehensive and reflect a broad range of perspectives and expertise.

Key Provisions

The primary focus of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is to protect and manage Australia's biodiversity through a system of environmental assessment and approvals. Section 275 of the Act specifically pertains to the development and implementation of recovery plans for threatened species, populations, or ecological communities. In this case, the Department of the Environment and Energy has issued a notice under Section 275 (1) calling for public comment on the draft Recovery Plan for Marine Turtles in Australia (2). This draft outlines the necessary research and management actions required to halt the decline of marine turtles and facilitate their recovery (3). Under the EPBC Act, various obligations are placed on different parties and entities. The Department of the Environment and Energy, as the administering body, is required to develop recovery plans for species listed as threatened under the Act (4). These plans must be developed in consultation with relevant stakeholders, including state governments, industry, and Indigenous groups (5). Additionally, the Act mandates that these plans be made available for public comment before finalisation (6). Public entities, such as state governments and local authorities, have an obligation to consider the recovery plans when making decisions that may impact the species in question (7). Failure to comply with the provisions of the EPBC Act can result in various consequences, including civil and criminal penalties. For instance, under Section 474 of the Act, an individual or corporation found guilty of contravening a provision can be fined up to AUD 1.1 million or, in the case of a corporation, up to AUD 5.5 million (8). Additionally, imprisonment terms of up to five years can be imposed for serious or repeated breaches (9). Furthermore, Section 475 allows for the imposition of civil penalty notices for less severe breaches, with penalties not exceeding AUD 66,000 for individuals and AUD 330,000 for corporations (10). These provisions underscore the importance of adhering to the requirements set out in the Act.