Environment Protection and Biodiversity Conservation Act 1999 - Register of Critical Habitat pursuant to section 207A

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Legislation au F2009B00248 In force Legislative Instrument

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Register of Critical Habitat pursuant to section 207A of the Environment Protection and Biodiversity Conservation Act 1999

 

The identification of critical habitat for the Register of Critical Habitat, including location and extent information, is a matter of ecological judgement, and is based on the most up-to-date scientific information available to the Threatened Species Scientific Committee and the Minister for the Environment and Heritage at the time the habitat was being considered.  As new or additional information becomes available, critical habitat identified on the Register may be amended.

 

Register of Critical Habitat

Effective

Details

Diomedea exulans (Wandering Albatross) – Macquarie Island

01 JUL 2002

See Attachment A

Thalassarche cauta (Shy Albatross) – Albatross Island, The Mewstone, Pedra Branca

01 JUL 2002

See Attachment B

Thalassarche chrysostoma (Grey-headed Albatross) Macquarie Island

01 JUL 2002

See Attachment C

 


Attachment A

 

Diomedea exulans (Wandering Albatross) – Macquarie Island

 

Listed Critical Habitat:

Diomedea exulans (Wandering Albatross) – Macquarie Island

Date Effective:

01 July 2002

Location and extent:

Macquarie Island: About 13,000 ha, comprising all islands and rocks above mean high water level, lying within the area bounded by parallels 54°27' S and 54°49' S latitude and meridians 158°45' E and 158°59' E longitude.

Reasons for Listing

Criteria (a).  Whether the habitat is used during periods of stress.  Examples of period of stress: Flood, drought or fire.

N/A

 

Criteria (b).  Whether the habitat is used to meet essential life cycle requirements.  Examples: Foraging, breeding, nesting, roosting, social behaviour patterns or seed dispersal processes.

All albatrosses spend more than 95% of their time traversing the world’s oceans in search of prey, and usually only return to land to breed.  For southern hemisphere species, nesting typically occurs on small islands scattered throughout the Southern Ocean.  Five species of albatross breed within Australian waters, three of which are listed as threatened under the EPBC Act:

  • Shy Albatross
  • Wandering Albatross
  • Grey-headed Albatross

 

There are four major breeding locations under Australian jurisdiction where these albatross species breed.  These are:

  • Macquarie Island
  • Albatross Island
  • Pedra Branca, and
  • The Mewstone

 

These remote islands constitute the only suitable breeding habitat under Australian jurisdiction and should be regarded as habitat that is critical to the survival of the three albatross species in Australian waters.

 

Criteria (c).  The extent to which the habitat is used by important populations.  NB: An important population is one that is necessary for a species’ long-term survival and recovery.  This may include populations that are: key source populations either for breeding or dispersal, populations that are necessary for maintaining genetic diversity, and/or populations that are near the limit of the species range.

Because there are so few populations for these species in Australia, all populations are important.

 

Shy Albatrosses breed only within Australia, and hence the breeding habitats of this species (Albatross Island, Pedra Branca and The Mewstone) comprise its entire breeding range.  Each of these populations appears to be genetically distinct.

 

Macquarie Island hosts the other two species of albatrosses.  All of these populations are very small and are critical for maintaining the genetic diversity necessary to ensure the viability of these species.  Although these populations are likely to be genetically distinct (based on data from other populations which have been studied), no data currently exist regarding the genetic distinctiveness of these populations.

 

Criteria (d).  Whether the habitat is necessary to maintain genetic diversity and long-term evolutionary development.

If these island habitats were lost, it is unlikely that the species which use them would persist.  Albatrosses are extremely site-faithful and the populations currently breeding on these islands are unlikely to breed elsewhere.

 

Criteria (e).  Whether the habitat is necessary for use as corridors to allow the species to more freely between sites used to meet essential life cycle requirements.

N/A

 

Criteria (f).  Whether the habitat is necessary to ensure the long-term future of the species or ecological community through reintroduction of re-colonisation.

Shy albatrosses occupy most of the land area of the islands on which they breed.

 

Wandering and Grey-headed Albatrosses do not breed on all parts of Macquarie Island, but the entire island is critical to providing isolation for each population and protection from the impact of disturbance.  Some of these populations are also recovering from past declines and hence expanding, hence the whole island is considered critical to their survival and future growth.

 

Macquarie Island is also subject to feral animal control, with an intensive control campaign focussed on the eradication of feral cats from the island.

 

Criteria (g).  Any other way in which habitat may be critical to the survival of a listed threatened species or a listed threatened ecological community.

N/A

 

References:

Environment Australia (2001f) Recovery Plan for Albatrosses and Giant-Petrels 2001-2005

Environment Australia (2002) Map of Habitat Critical to the survival of Wandering Albatross, Grey-headed Albatross and Shy Albatross

 


Attachment B

 

Thalassarche cauta (Shy Albatross) – Albatross Island, The Mewstone, Pedra Branca

 

Listed Critical Habitat:

Thalassarche cauta (Shy Albatross) – Albatross Island, The Mewstone, Pedra Branca

 

Date Effective:

01 July 2002

Location and extent:

Albatross Island: About 33ha, comprising all islands and rocks above mean high water level, lying within the area bounded by parallels 40°21' S and 40°24' S latitude and meridians 144°38' E and 144°40' E longitude.

 

The Mewstone: About 13ha, comprising all islands and rocks above mean high water level, lying within the area bounded by parallels 43°43' S and 43°45' S latitude and meridians 146°21' E and 146°23' E longitude.

 

Pedra Branca: About 2.5 ha, comprising all islands and rocks above mean high water level, lying within the area bounded by parallels 43°51'S and 43°52' S latitude and meridians 146°57' E and 146°59' E longitude.

Reasons for listing:

Criteria (a). Whether the habitat is used during periods of stress.  Examples of period of stress: Flood, drought or fire.

N/A

 

Criteria (b).  Whether the habitat is used to meet essential life cycle requirements.  Examples: Foraging, breeding, nesting, roosting, social behaviour patterns or seed dispersal processes.

All albatrosses spend more than 95% of their time traversing the world’s oceans in search of prey, and usually only return to land to breed.  For southern hemisphere species, nesting typically occurs on small islands scattered throughout the Southern Ocean.  Five species of albatross breed within Australian waters, three of which are listed as threatened under the EPBC Act:

  • Shy Albatross
  • Wandering Albatross
  • Grey-headed Albatross.

 

There are four major breeding locations under Australian jurisdiction where these albatross species breed.  These are:

  • Macquarie Island
  • Albatross Island
  • Pedra Branca, and
  • The Mewstone

 

These remote islands constitute the only suitable breeding habitat under Australian jurisdiction and should be regarded as habitat that is critical to the survival of the three albatross species in Australian waters.

 

Criteria (c).  The extent to which the habitat is used by important populations.  NB: An important population is one that is necessary for a species’ long-term survival and recovery.  This may include populations that are: key source populations either for breeding or dispersal, populations that are necessary for maintaining genetic diversity, and/or populations that are near the limit of the species range.

Because there are so few populations for these species in Australia, all populations are important.

 

Shy Albatrosses breed only within Australia, and hence the breeding habitats of this species (Albatross Island, Pedra Branca and The Mewstone) comprise its entire breeding range.  Each of these populations appears to be genetically distinct.

 

Macquarie Island hosts the other two species of albatrosses.  All of these populations are very small and are critical for maintaining the genetic diversity necessary to ensure the viability of these species.  Although these populations are likely to be genetically distinct (based on data from other populations which have been studied), no data currently exist regarding the genetic distinctiveness of these populations.

 

Criteria (d).  Whether the habitat is necessary to maintain genetic diversity and long-term evolutionary development

If these island habitats were lost, it is unlikely that the species which use them would persist.  Albatrosses are extremely site-faithful and the populations currently breeding on these islands are unlikely to breed elsewhere.

 

Criteria (e).  Whether the habitat is necessary for use as corridors to allow the species to move freely between sites used to meet essential life cycle requirements.

N/A.

 

Criteria (f).  Whether the habitat is necessary to ensure the long-term future of the species or ecological community through reintroduction or re-colonisation.

Shy albatrosses occupy most of the land area of the islands on which they breed.

 

Wandering and Grey-headed Albatrosses do not breed on all parts of Macquarie Island, but the entire island is critical to providing isolation for each population and protection from the impact of disturbance.  Some of these populations are also recovering from past declines and hence expanding, hence the whole island is considered critical to their survival and future growth.

 

Macquarie Island is also subject to feral animal control, with an intensive control campaign focussed on the eradiation of feral cats from the island.

 

Criteria (g).  Any other way in which habitat may be critical to the survival of a listed threatened species or a listed threatened ecological community.

N/A.

 

References

Environment Australia (2001f) Recovery Plan for Albatrosses and Giant-Petrels 2001-2005

Environment Australia (2002) Map of Habitat Critical to the survival of Wandering Albatross, Grey-headed Albatross and Shy Albatross

 


Attachment C

 

Thalassarche chrysostoma (Grey-headed Albatross) – Macquarie Island

 

Listed Critical Habitat:

Thalassarche chrysostoma (Grey-headed Albatross) – Macquarie Island

 

Date Effective:

01 July 2002

Location and extent:

Macquarie Island:  About 13,000 ha, comprising all islands and rocks above mean high water level, lying within the area bounded by parallels 54°27' S and 54°49' S latitude and meridian.

 

Reasons for listing:

Criteria (a). Whether the habitat is used during periods of stress.  Examples of period of stress: Flood, drought or fire.

N/A

 

Criteria (b).  Whether the habitat is used to meet essential life cycle requirements.  Examples: Foraging, breeding, nesting, roosting, social behaviour patterns or seed dispersal processes.

All albatrosses spend more than 95% of their time traversing the world’s oceans in search of prey, and usually only return to land to breed.  For southern hemisphere species, nesting typically occurs on small islands scattered throughout the Southern Ocean.  Five species of albatross breed within Australian waters, three of which are listed as threatened under the EPBC Act:

  • Shy Albatross
  • Wandering Albatross
  • Grey-headed Albatross.

 

There are four major breeding locations under Australian jurisdiction where these albatross species breed.  These are:

  • Macquarie Island
  • Albatross Island
  • Pedra Branca, and
  • The Mewstone

 

These remote islands constitute the only suitable breeding habitat under Australian jurisdiction and should be regarded as habitat that is critical to the survival of the three albatross species in Australian waters.

 

Criteria (c).  The extent to which the habitat is used by important populations.  NB: An important population is one that is necessary for a species’ long-term survival and recovery.  This may include populations that are: key source populations either for breeding or dispersal, populations that are necessary for maintaining genetic diversity, and/or populations that are near the limit of the species range.

Because there are so few populations for these species in Australia, all populations are important.

 

Shy Albatrosses breed only within Australia, and hence the breeding habitats of this species (Albatross Island, Pedra Branca and The Mewstone) comprise its entire breeding range.  Each of these populations appears to be genetically distinct.

 

Macquarie Island hosts the other two species of albatrosses.  All of these populations are very small and are critical for maintaining the genetic diversity necessary to ensure the viability of these species.  Although these populations are likely to be genetically distinct (based on data from other populations which have been studied), no data currently exist regarding the genetic distinctiveness of these populations.

 

Criteria (d).  Whether the habitat is necessary to maintain genetic diversity and long-term evolutionary development

If these island habitats were lost, it is unlikely that the species which use them would persist.  Albatrosses are extremely site-faithful and the populations currently breeding on these islands are unlikely to breed elsewhere.

 

Criteria (e).  Whether the habitat is necessary for use as corridors to allow the species to move freely between sites used to meet essential life cycle requirements.

N/A.

 

Criteria (f).  Whether the habitat is necessary to ensure the long-term future of the species or ecological community through reintroduction or re-colonisation.

Shy albatrosses occupy most of the land area of the islands on which they breed.

 

Wandering and Grey-headed Albatrosses do not breed on all parts of Macquarie Island, but the entire island is critical to providing isolation for each population and protection from the impact of disturbance.  Some of these populations are also recovering from past declines and hence expanding, hence the whole island is considered critical to their survival and future growth.

 

Macquarie Island is also subject to feral animal control, with an intensive control campaign focussed on the eradiation of feral cats from the island.

 

Criteria (g).  Any other way in which habitat may be critical to the survival of a listed threatened species or a listed threatened ecological community.

N/A.

 

References

Environment Australia (2001f) Recovery Plan for Albatrosses and Giant-Petrels 2001-2005

Environment Australia (2002) Map of Habitat Critical to the survival of Wandering Albatross, Grey-headed Albatross and Shy Albatross

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced by the Australian Parliament with a policy objective to provide for the protection of the environment, particularly matters of national environmental significance, through a nationally consistent framework. One of the key mechanisms under this Act is the establishment of the Register of Critical Habitat, which identifies areas essential for the survival and recovery of threatened species. The identification of critical habitat is based on the most up-to-date scientific information and is subject to amendment as new information becomes available. The listing of critical habitat aims to ensure the long-term survival and recovery of threatened species by protecting their essential breeding, nesting, and foraging areas.

Scope and Application

The Register of Critical Habitat under section 207A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to specific habitats identified as crucial for the survival of certain threatened species, in this case, the Wandering Albatross, Shy Albatross, and Grey-headed Albatross. These habitats, located on Macquarie Island, Albatross Island, Pedra Branca, and The Mewstone, are essential for breeding and maintaining genetic diversity. The identification of these critical habitats is based on the most current scientific information and ecological judgement, with the aim of ensuring the long-term survival of these albatross species. The register is national in scope and applies to entities and persons involved in activities that may impact these critical habitats, including industries such as fishing, tourism, and agriculture. The Act does not explicitly state exclusions or exemptions, but its provisions are subject to interpretation and application through subordinate instruments, which may further clarify the scope and enforcement of habitat protection measures.

Key Provisions

The Register of Critical Habitat, as established under section 207A of the Environment Protection and Biodiversity Conservation Act 1999, lists specific habitats identified as critical for the survival of certain threatened species. These habitats are determined based on the most current scientific information and may be subject to amendment as new information arises. As of 1 July 2002, three albatross species have had their critical breeding habitats listed on the Register: Diomedea exulans (Wandering Albatross) on Macquarie Island, Thalassarche cauta (Shy Albatross) on Albatross Island, The Mewstone, and Pedra Branca, and Thalassarche chrysostoma (Grey-headed Albatross) on Macquarie Island. The Act imposes several obligations on parties and entities affected by the critical habitat listings. These include ensuring that any actions or developments within the listed habitats are conducted in a manner that does not harm the listed species or their habitats. This requires entities to undertake appropriate assessments and, if necessary, obtain approval from the relevant authorities before proceeding with activities that might impact these critical habitats. Furthermore, there is an obligation to prevent any form of destruction or degradation of the listed habitats. This may involve measures such as controlling invasive species, managing human activities, and mitigating environmental impacts. Breaching the provisions of the Act can result in both civil and criminal consequences. Under the Act, individuals or entities that fail to comply with the obligations regarding critical habitats may face fines and penalties. The specific penalties can vary depending on the severity of the breach and can include substantial financial penalties. In cases of serious or repeated breaches, criminal charges may be applicable, leading to potential imprisonment. The Act also provides for the possibility of injunctions and other remedies to prevent or redress harm to critical habitats and the species they support. These enforcement mechanisms are crucial to ensure the protection and conservation of critical habitats and the species that depend on them for survival.

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