EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Revoking and making a Wildlife Conservation Plan for Migratory Shorebirds
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.
The purpose of this instrument is to revoke the previous plan made in 2006 and make the new Wildlife Conservation Plan for Migratory Shorebirds for the following listed migratory species:
Pluvialis fulva (Pacific golden plover)
Pluvialis squatarola (Grey plover)
Charadrius dubius (Little ringed plover)
Charadrius bicinctus (Double-banded plover)
Charadrius mongolus (Lesser sand plover)
Charadrius leschenaultii (Greater sand plover)
Charadrius veredus (Oriental plover)
Gallinago hardwickii (Latham’s snipe)
Gallinago stenura (Pin-tailed snipe)
Gallinago megala (Swinhoe’s snipe)
Limosa limosa (Black-tailed godwit)
Limosa lapponica (Bar-tailed godwit)
Numenius minutus (Little curlew)
Numenius phaeopus (Whimbrel)
Xenus cinereus (Terek sandpiper)
Actitis hypoleucos (Common sandpiper)
Tringa brevipes (Grey-tailed tattler)
Tringa incana (Wandering tattler)
Tringa nebularia (Common greenshank)
Tringa stagnatilis (Marsh sandpiper)
Tringa totanus (Common redshank)
Tringa glareola (Wood sandpiper)
Arenaria interpres (Ruddy turnstone)
Limnodromus semipalmatus (Asian dowitcher)
Calidris tenuirostris (Great knot)
Calidris canutus (Red knot)
Calidris alba (Sanderling)
Calidris ruficollis (Red-necked stint)
Calidris subminuta (Long-toed stint)
Calidris melanotos (Pectoral sandpiper)
Calidris acuminata (Sharp-tailed sandpiper)
Limicola falcinellus (Broad-billed sandpiper)
Philomachus pugnax (Ruff)
Phalaropus lobatus (Red-necked phalarope)
Galareola maldivarum (Oriental pratincole)
Revoking the Wildlife Conservation Plan for Migratory Shorebirds (2006)
Section 33(3) of the Acts Interpretation Act 1901 (Cth) in conjunction with section 285(1) of the EPBC Act enables the Minister to revoke a wildlife conservation plan. The first purpose of this instrument is to revoke the Wildlife Conservation Plan for Migratory Shorebirds, made in 2006.
Making a Wildlife Conservation Plan for Migratory Shorebirds
Part 13, Division 5, subdivision B of the EPBC Act provides for the making, or adoption of, wildlife conservation plans for listed migratory, marine, cetacean or conservation dependent species, which bind the Commonwealth and Commonwealth agencies.
Section 285 of the EPBC Act enables the Minister to make a wildlife conservation plan for the purposes of the protection, conservation and management of a listed migratory, marine, cetacean or conservation dependent species.
This wildlife conservation plan meets the requirements of section 287 of the EPBC Act. It sets out the research and management actions necessary to support the survival of 35 migratory shorebirds.
Section 289 of the EPBC Act, which requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee on the content of the wildlife conservation plan, has been met. At its 60th meeting (June 2015), the Committee recommended that the new plan be approved under the EPBC Act.
In accordance with section 290 of the EPBC Act, the draft wildlife conservation plan was open for public comment from 3 September 2014 until 3 December 2014. A notice inviting comments on the wildlife conservation plan was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and on the website of the Australian Government Department of the Environment. As per section 291 of the EPBC Act, all comments were considered before making the wildlife conservation plan.
Consultation with state and territory agencies was conducted through the Ramsar Implementation Committee (formerly known as the Wetlands and Waterbirds Taskforce).
This wildlife conservation plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The Wildlife Conservation Plan for Migratory Shorebirds commences on the day after this wildlife conservation plan is registered on the Federal Register of Legislative Instruments.
Authority: Section 285 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is central to the protection and conservation of Australia’s biodiversity, including threatened species and ecological communities. The Act was enacted to address the pressing need for comprehensive environmental protection and biodiversity conservation laws at a national level. The 2016 legislative instrument issued under the authority of the Minister for the Environment serves to revoke the previous Wildlife Conservation Plan for Migratory Shorebirds, which was made in 2006, and to establish a new plan that focuses on the conservation of 35 listed migratory shorebird species. This new plan is formulated to bind the Commonwealth and Commonwealth agencies, aligning with the provisions of Part 13, Division 5, subdivision B of the EPBC Act, and is intended to facilitate the protection, conservation and management of these species. The policy objective, as reflected in the legislative instrument, is to ensure the survival of the specified migratory shorebirds by setting out necessary research and management actions, in accordance with the requirements of section 287 of the EPBC Act. The instrument also underscores the importance of public consultation, as mandated by section 290 of the EPBC Act, by inviting and considering comments from the public and relevant state and territory agencies.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) governs the protection of the environment and conservation of biodiversity in Australia, including the protection and conservation of threatened species and ecological communities. This legislative instrument specifically focuses on revoking the previous Wildlife Conservation Plan for Migratory Shorebirds, which was made in 2006, and establishing a new plan for 35 listed migratory shorebird species. The new plan is designed to outline the necessary research and management actions to support the survival of these species and binds the Commonwealth and Commonwealth agencies. The Minister for the Environment has the authority to make this wildlife conservation plan under section 285 of the EPBC Act, and it has been developed in consultation with the Threatened Species Scientific Committee and through public comment, as required by the EPBC Act. The plan is applicable nationally and extends its reach to all entities and persons involved in activities that may impact the listed migratory shorebird species, as well as their habitats. The Wildlife Conservation Plan for Migratory Shorebirds will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation, under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), involve the revocation of the Wildlife Conservation Plan for Migratory Shorebirds from 2006 and the establishment of a new Wildlife Conservation Plan for Migratory Shorebirds (section 285). This new plan sets out the necessary research and management actions to support the survival of 35 migratory shorebird species, as mandated by section 287 of the Act. The Minister was required to obtain and consider advice from the Threatened Species Scientific Committee, in accordance with section 289, and this was fulfilled during the Committee's 60th meeting (June 2015). The draft plan was open for public comment, as stipulated by section 290, from 3 September 2014 until 3 December 2014, and all comments were considered in the final plan, as per section 291.
The Act imposes several obligations on the parties it governs. The Minister for the Environment is required to make wildlife conservation plans that bind the Commonwealth and Commonwealth agencies, in line with the provisions of Part 13, Division 5, subdivision B of the EPBC Act. The Minister must also ensure that the plan meets the requirements of section 287, which involves setting out the necessary research and management actions for the species listed in the plan. Furthermore, the Minister is obligated to obtain and consider advice from the Threatened Species Scientific Committee (section 289). Additionally, the Minister must ensure the plan is open for public comment, as stipulated in section 290, and consider all comments received before finalising the plan, as per section 291.
The legislation outlines specific consequences for non-compliance, although no specific offences, penalties, or civil/criminal consequences are mentioned in the text. However, failure to comply with the obligations and requirements of the EPBC Act could potentially result in legal action, as the Act is a binding piece of legislation. The penalties for non-compliance could include fines, imprisonment, or other legal sanctions, depending on the nature and severity of the breach. It is essential for all parties governed by the Act to adhere to its provisions to avoid any potential legal repercussions.