EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation (Recovery Plan—Australian Fairy Tern (Sternula nereis nereis)) Instrument 2022
(Issued under the Authority of the Minister for the Environment)
Background
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.
Legislative Authority
Part 13, Division 5, Subdivision A of the Act provides for the making or adoption, of recovery plans and threat abatement plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.
Subsection 269A(3) of the Act provides that the Minister may make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species or listed threatened ecological community jointly with one or more of the States and self-governing Territories in which the species or community occurs.
Purpose of the Instrument
The purpose of this instrument is to jointly make the National Recovery Plan for the Australian Fairy Tern with South Australia, Victoria and Western Australia for Sternula nereis nereis, a listed threatened species.
Sternula nereis nereis (Australian Fairy Tern) is listed in the Vulnerable category of the Threatened Species List under the Act. Sternula nereis nereis (Australian Fairy Tern) is threatened due to the loss and degradation of nesting and foraging habitat, disturbance around nesting sites and predation by introduced species.
The Recovery Plan provides for the research and management actions necessary to stop the decline, and support the recovery of, the Australian Fairy Tern, in order to maximise its chances of long-term survival in nature.
Consultation
In accordance with s 277(1)(a) of the EPBC Act, the Minister was satisfied that an appropriate level of consultation was undertaken. The Recovery Plan was prepared in accordance with the processes outlined in Part 13, Division 1, Subdivision A of the Act.
Section 274 of the Act provides that the Minister must obtain and consider advice from the Threatened Species Scientific Committee (Committee) on the content of the Recovery Plan. The Committee recommended that the Recovery Plan be made under the Act.
In accordance with section 275 of the Act, public comment was invited on the draft Recovery Plan from 20 December 2019 until 17 April 2020. A notice inviting comments on the Recovery Plan was advertised in the Gazette, The Australian newspaper and on the website of the Australian Government Department of Agriculture, Water and the Environment. As required by section 276 of the Act, all comments were considered before making the Recovery Plan. The Minister consulted with the Minister of each State and self-governing Territory in which the Australian Fairy Tern occurs, as required by paragraph 269A(5)(a) of the Act. The South Australian, Victorian and Western Australian Ministers have agreed to jointly make the plan.
Section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) requires that recovery plans include certain content, such as stating the objectives of the plan and specifying the actions needed to achieve the objectives. The Recovery Plan contains the content prescribed under the Act and the Regulations.
Commencement
The National Recovery Plan for the Australian Fairy Tern commences on the day after this recovery plan is registered on the Federal Register of Legislation.
This recovery plan is a legislative instrument for the purposes of the Legislation Act 2003.
This Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out below.
Authority: Section 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Overview
The Environment Protection and Biodiversity Conservation (Recovery Plan—Australian Fairy Tern (Sternula nereis nereis)) Instrument 2022 was enacted to address the decline of the Australian Fairy Tern (Sternula nereis nereis), a species listed as vulnerable under the Environment Protection and Biodiversity Conservation Act 1999. This legislation was issued under the authority of the Minister for the Environment to provide a coordinated recovery plan for this threatened species, which is at risk due to habitat loss, degradation, disturbance, and predation. The instrument was developed in collaboration with South Australia, Victoria, and Western Australia, aligning with the policy objective of the EPBC Act to protect and conserve biodiversity and threatened species. The instrument specifies the necessary research and management actions to halt the species' decline and support its recovery, aiming for its long-term survival in the wild. The plan was subject to public consultation and expert advice from the Threatened Species Scientific Committee, ensuring a comprehensive approach to its development.
Scope and Application
The Environment Protection and Biodiversity Conservation (Recovery Plan—Australian Fairy Tern (Sternula nereis nereis)) Instrument 2022, issued under the authority of the Minister for the Environment, applies to the Australian Fairy Tern, listed as a vulnerable species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This instrument is a joint initiative between the Commonwealth and the states of South Australia, Victoria, and Western Australia, where the Australian Fairy Tern is found. The primary purpose of the instrument is to establish a national recovery plan aimed at halting the decline of this species and supporting its long-term survival. The plan outlines specific research and management actions needed to address threats such as habitat loss, disturbance, and predation by introduced species. The making of the recovery plan was preceded by a consultation process as required by the EPBC Act, including consideration of public comments and advice from the Threatened Species Scientific Committee. The instrument binds the Commonwealth and Commonwealth agencies, and it is legally enforceable, coming into effect upon registration on the Federal Register of Legislation.
Key Provisions
The Environment Protection and Biodiversity Conservation (Recovery Plan—Australian Fairy Tern (Sternula nereis nereis)) Instrument 2022 is a legislative instrument issued under the authority of the Minister for the Environment, which sets out the National Recovery Plan for the Australian Fairy Tern. The Recovery Plan, jointly made with South Australia, Victoria, and Western Australia, aims to protect, conserve and manage the listed threatened species, Sternula nereis nereis, commonly known as the Australian Fairy Tern. The main sections of this instrument are those that outline the objectives and actions required to achieve the objectives of the Recovery Plan, as stipulated in sections 270 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. These sections serve to provide a comprehensive framework for the management and conservation of the Australian Fairy Tern.
The obligations and requirements imposed by the Recovery Plan under the EPBC Act include obtaining advice from the Threatened Species Scientific Committee, inviting public comment on the draft Recovery Plan, and consulting with the Ministers of each State and self-governing Territory where the Australian Fairy Tern occurs. This ensures that the Recovery Plan is well-informed and considers the perspectives of various stakeholders, including the states and territories where the species is found. Additionally, section 277(1)(a) of the EPBC Act requires the Minister to be satisfied that an appropriate level of consultation has been undertaken. This includes ensuring that all comments received during the public consultation period have been considered before making the Recovery Plan.
The Recovery Plan also establishes certain obligations and requirements for the Commonwealth, Commonwealth agencies, and relevant State and Territory authorities. These include implementing the actions outlined in the Recovery Plan to support the recovery of the Australian Fairy Tern, and monitoring and reporting on the progress of these actions. Furthermore, section 274 of the EPBC Act mandates that the Minister must obtain and consider advice from the Threatened Species Scientific Committee on the content of the Recovery Plan, and section 276 requires that all comments be considered before making the Recovery Plan. The Minister is also required to consult with the Ministers of each State and self-governing Territory in which the Australian Fairy Tern occurs, as per section 269A(5)(a) of the EPBC Act.
Failure to comply with the provisions of the Recovery Plan, or with the requirements of the EPBC Act, may result in civil or criminal consequences. Under section 474 of the EPBC Act, a person who contravenes certain provisions of the Act or the Regulations may be liable for a civil penalty of up to $66,600 for a corporation, or $13,320 for an individual. Additionally, section 475 of the EPBC Act provides that a person who contravenes certain provisions of the Act or the Regulations may be liable for a criminal penalty of up to $666,000 for a corporation, or $133,200 for an individual. These penalties serve as a deterrent to non-compliance and ensure that the objectives and actions outlined in the Recovery Plan are implemented effectively.