Environment Protection and Biodiversity Conservation Act 1999 - Notices under Section 278 - Joint Making of the National Recovery Plan for the Plains-wanderer

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the protection and conservation of Australia's unique and threatened species, ecological communities, and heritage places. This Act provides a framework for the collaborative management of the environment, particularly focusing on threatened species and ecological communities, and their habitats. The overarching policy objective of the Act is to promote the sustainable use and conservation of Australia's biodiversity, ensuring that economic development and environmental protection go hand in hand. The Act also aims to ensure that decisions affecting the environment are made with consideration for the potential impacts on threatened species and their habitats. In line with these objectives, the joint making of the National Recovery Plan for the Plains-wanderer under Section 278 of the Environment Protection and Biodiversity Conservation Act 1999 highlights the commitment of both the Commonwealth and South Australian governments to collaboratively manage and conserve this endangered species. The recovery plan was jointly made by the Commonwealth Minister for the Environment, the Hon. Greg Hunt, and the South Australian Minister for Sustainability, Environment and Conservation, the Hon. Ian Hunter, on 15 June 2016, and it came into force on 28 June 2016. The plan is available on the Department of the Environment's website, demonstrating the government's dedication to transparency and community involvement in the conservation efforts for the Plains-wanderer.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any action or activity that is likely to have a significant impact on matters of national environmental significance, which include endangered species such as the Plains-wanderer (Pedionomus torquatus). The Act extends to the Commonwealth jurisdiction, but it also engages with state and territory governments in the management and conservation of endangered species through collaborative efforts. The Act's application is not limited to specific entities or industries, but rather to any person or entity undertaking actions that could affect listed threatened species, ecological communities, and heritage places. The Act may be extended or restricted through subordinate instruments such as regulations or guidelines, but the primary legislation sets out the overarching framework and intent. In this particular instance, the Act facilitates the joint making of a National Recovery Plan for the Plains-wanderer between the Commonwealth Minister for the Environment and the South Australian Minister for Sustainability, Environment and Conservation, showcasing the collaborative approach between different levels of government in wildlife conservation efforts.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) encompasses several key sections that govern the protection of biodiversity, including Section 278, which allows for the joint making of a National Recovery Plan for threatened species (Section 278). This specific notice pertains to the joint creation of a National Recovery Plan for the Plains-wanderer, a bird species native to Australia, which is listed as endangered. This collaborative effort between the Commonwealth Minister for the Environment and the South Australian Minister for Sustainability, Environment and Conservation was formalised on 15 June 2016 and took effect on 28 June 2016. The Recovery Plan is accessible on the Department of the Environment's website. The obligations imposed by the EPBC Act on the parties involved in the creation of the recovery plan include a commitment to a coordinated approach in conserving and protecting the Plains-wanderer. Both the Commonwealth and South Australian governments are required to work together to identify and implement strategies that will help recover the species, ensuring that actions are based on the best available scientific information. This includes habitat protection, monitoring, and research to understand and mitigate the threats facing the Plains-wanderer. Breach of the obligations under the EPBC Act can lead to significant consequences, both civil and criminal. The Act allows for substantial penalties for non-compliance. For instance, individuals or entities found to have contravened provisions related to the protection of endangered species can face fines up to AU$1.1 million for corporations and AU$220,000 for individuals. Additionally, in cases of criminal offences, individuals can be imprisoned for up to five years. The seriousness of these penalties underscores the importance of adhering to the requirements set out in the National Recovery Plan for the Plains-wanderer, as well as other provisions of the EPBC Act.