Environment Protection and Biodiversity Conservation Act 1999 - section 269a - Instrument making a recovery plan (Sawfish and River Sharks Multispecies Recovery Plan) (27/10/2015)

Overview

The Sawfish and River Sharks Multispecies Recovery Plan was enacted under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to address the decline of specific threatened species including the Largetooth Sawfish, Green Sawfish, Dwarf Sawfish, Speartooth Sharks, and Northern River Sharks. This legislative instrument was created to outline the necessary research and management actions for the conservation and recovery of these species. The plan was developed by the Minister for the Environment and meets the requirements set forth in the EPBC Act, including consultation with the Threatened Species Scientific Committee and public comment periods. The policy objective is to ensure the protection and conservation of these species throughout their range in Australian waters, aligning with the overarching goals of the EPBC Act.

Scope and Application

The Sawfish and River Sharks Multispecies Recovery Plan, made under section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), applies to the Commonwealth, Commonwealth agencies, and any entities or persons whose activities may impact the specified listed threatened species: Pristis pristis, Pristis zijsron, Pristis clavata, Glyphis glyphis, and Glyphis garricki. This plan sets out actions to protect and manage the decline and recovery of these species, particularly within Australian waters. The EPBC Act’s jurisdiction extends to the entire Commonwealth of Australia, ensuring that the plan has a national reach. The recovery plan is made in accordance with sections 270, 274, and 276 of the EPBC Act, which require consultation with the Threatened Species Scientific Committee and public review. The plan, once registered, is binding for the Commonwealth and Commonwealth agencies, and its provisions may also indirectly affect non-government entities and individuals through compliance with relevant regulations and directives aimed at species conservation.

Key Provisions

The Sawfish and River Sharks Multispecies Recovery Plan, made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), outlines the necessary research and management actions to support the recovery of five threatened species: Largetooth Sawfish (Pristis pristis), Green Sawfish (Pristis zijsron), Dwarf Sawfish (Pristis clavata), Speartooth Sharks (Glyphis glyphis), and Northern River Sharks (Glyphis garricki). These species, listed as threatened, require specific strategies to halt their decline and promote recovery across their range in Australian waters. This plan is intended to bind the Commonwealth and Commonwealth agencies, as stipulated in Part 13, Division 5, subdivision A of the EPBC Act, and is a legislative instrument under the Legislative Instruments Act 2003 (Cth). The plan, once registered on the Federal Register of Legislative Instruments, will come into effect the following day. The obligations under this Act for the Commonwealth and Commonwealth agencies include the implementation of the recovery plan’s research and management actions. The Minister for the Environment is responsible for obtaining advice from the Threatened Species Scientific Committee on the plan’s content, as required by section 274 of the EPBC Act, and ensuring the draft recovery plan is open for public comment, as mandated by section 275. All public comments received must be considered in the finalisation of the plan, in accordance with section 276 of the EPBC Act. The plan’s development involved advertising for public comments in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper, and on the Australian Government Department of the Environment’s website from 21 January 2014 to 29 April 2014. Breach of the obligations outlined in the Sawfish and River Sharks Multispecies Recovery Plan could result in legal consequences. Under the EPBC Act, any failure by the Commonwealth or Commonwealth agencies to implement the recovery plan’s actions could be subject to enforcement actions. While specific penalties are not detailed within the explanatory statement, the EPBC Act generally provides for civil and criminal penalties for non-compliance with its provisions. Civil penalties can include fines up to AUD 666,000 for corporations and AUD 66,600 for individuals, with additional fines for ongoing breaches. Criminal penalties can include imprisonment for up to five years for individuals and fines for corporations that can reach into millions of dollars, depending on the severity and repeat nature of the offence. These penalties underscore the importance of adherence to the recovery plan’s provisions to ensure the protection and conservation of the listed threatened species.