Environment Protection and Biodiversity Conservation Act 1999 - section 269a - Instrument making recovery plan (Recovery Plan for Balaenoptera musculus – Blue Whale) (28/09/2015)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a comprehensive statute enacted by the Commonwealth Parliament to safeguard the environment and conserve biodiversity, including protecting and conserving threatened species and ecological communities. To address the decline of the blue whale (Balaenoptera musculus), the Minister for the Environment has introduced the Conservation Management Plan for the Blue Whale as a legislative instrument under the authority granted by section 269A(2) of the EPBC Act. This recovery plan sets out essential research and management actions aimed at halting the decline and supporting the recovery of blue whales. The process involved obtaining and considering advice from the Threatened Species Scientific Committee, and the draft plan was open for public comment before finalisation. The plan is designed to meet the statutory requirements of the EPBC Act and to effectively guide the conservation efforts for this endangered species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth legislation that applies to all persons, entities, and industries within Australia, aiming to protect the environment and conserve biodiversity, including threatened species and ecological communities. This Act provides the legal framework for the creation of recovery plans for species and communities at risk, with the specific purpose of halting their decline and supporting their recovery. In line with the Act, the Minister for the Environment has the authority to create a recovery plan for a listed threatened species, such as the blue whale (Balaenoptera musculus), through the making of a legislative instrument. The Conservation Management Plan for the Blue Whale is an example of such a recovery plan, which sets out the necessary research and management actions to aid in the protection, conservation, and management of blue whales. The Act's application extends to the entire Commonwealth and all its agencies, ensuring a coordinated approach to environmental protection across the nation. This recovery plan applies to all stakeholders involved in activities that may impact blue whales, including industries such as shipping, fishing, and tourism, as well as government agencies responsible for environmental management.

Key Provisions

The primary operative sections of the legislation, the Environment Protection and Biodiversity Conservation Act 1999 (Cth), establish the framework for the creation and implementation of a recovery plan for listed threatened species and ecological communities, such as the blue whale. Section 269A(2) specifically empowers the Minister to create a written recovery plan for a listed threatened species, while section 270 sets out the requirements for the content of such a plan. This recovery plan for the blue whale, known as the Conservation Management Plan for the Blue Whale, details the necessary research and management actions to halt the decline and support the recovery of the species. The process for creating this plan involved seeking and considering advice from the Threatened Species Scientific Committee, as required by section 274 of the Act, and allowing for public comment as mandated by section 276, which was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper, and the Department of the Environment's website. The Act imposes several obligations and requirements on the parties and entities it governs. The Minister, under section 274, is required to obtain and consider advice from the Threatened Species Scientific Committee before making the recovery plan. Additionally, the draft plan must be made available for public comment, as stipulated in section 275, and all received comments must be considered, in accordance with section 276. Furthermore, the plan must meet the requirements set out in section 270 and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth). The plan itself must be registered on the Federal Register of Legislative Instruments, as per the Legislative Instruments Act 2003 (Cth), and the Conservation Management Plan for the Blue Whale will commence on the day after this registration. The legislation also outlines offences, penalties, and consequences for breach. While the Explanatory Statement does not specify detailed penalties, breaches of the EPBC Act can lead to substantial penalties. Under section 528 of the Act, a person who contravenes certain provisions may be subject to fines, imprisonment, or both. For example, section 533 imposes a penalty of up to $66,600 for a corporation and up to $13,320 for an individual for offences related to the destruction of a listed threatened species or ecological community. Section 535 sets out similar penalties for damaging or destroying critical habitat of a listed threatened species or ecological community. These provisions underscore the seriousness with which the Act treats violations aimed at protecting and conserving biodiversity and endangered species.