Environment Protection and Biodiversity Conservation (Recovery Plan—Botaurus poiciloptilus) Instrument 2023

Overview

The Environment Protection and Biodiversity Conservation (Recovery Plan—Australasian Bittern (Botaurus poiciloptilus)) Instrument 2023 was enacted to jointly develop and adopt a National Recovery Plan for the Australasian Bittern, a species listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Act, enacted in 1999, aims to protect the environment and conserve biodiversity, including the conservation of threatened species and ecological communities. The instrument was issued under the authority of the Minister for the Environment and Water and was made in collaboration with South Australia, Victoria, Western Australia, and Queensland to address the decline of the Australasian Bittern due to habitat loss, climate change, water quality reduction, and predation. The policy objective of this instrument is to provide the necessary research and management actions to halt the decline and support the recovery of the Australasian Bittern, thereby maximising its chances of long-term survival in the wild.

Scope and Application

The Environment Protection and Biodiversity Conservation (Recovery Plan—Australasian Bittern (Botaurus poiciloptilus)) Instrument 2023, issued under the authority of the Minister for the Environment and Water, is an instrument made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This instrument aims to collaboratively develop a National Recovery Plan for the Australasian Bittern with South Australia, Victoria, Western Australia, and Queensland, given that Botaurus poiciloptilus is listed in the Endangered category of the Threatened Species List under the Act. The primary objective of this recovery plan is to outline the necessary research and management actions to halt the decline and support the recovery of the Australasian Bittern to enhance its long-term survival in the wild. The plan was developed following extensive consultation processes as required by the EPBC Act, including consultation with the Threatened Species Scientific Committee and public comment periods. The plan includes the specific content mandated by the Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The Recovery Plan comes into effect on the day after it is registered on the Federal Register of Legislation and is compatible with the human rights and freedoms recognised or declared under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The National Recovery Plan for the Australasian Bittern (Botaurus poiciloptilus) under the Environment Protection and Biodiversity Conservation (Recovery Plan—Australasian Bittern) Instrument 2023 (section 2) sets out the necessary research and management actions to halt the decline and support the recovery of this endangered species. This plan is a collaborative effort between the Commonwealth and the states of South Australia, Victoria, Western Australia, and Queensland (section 2). The key provisions of the Recovery Plan include setting specific objectives for the species' recovery and outlining the actions required to achieve these objectives (section 270 of the EPBC Act). The Recovery Plan also requires the identification of key threatening processes such as habitat loss, climate change, water quality reduction, and predation by introduced species (section 2). The Act imposes various obligations on the parties involved, including the Commonwealth and the states. These obligations encompass the implementation of the actions specified in the Recovery Plan to ensure the protection and conservation of the Australasian Bittern (section 269A(3) of the EPBC Act). The Commonwealth, in collaboration with the states, must undertake the necessary research and management activities to achieve the recovery objectives outlined in the plan. Additionally, the Recovery Plan mandates that public comments are considered and that consultation with relevant stakeholders is conducted (sections 275 and 276 of the EPBC Act). Breach of the obligations and requirements set out in the Recovery Plan can result in civil or criminal consequences. Under the EPBC Act, failure to comply with a recovery plan may lead to enforcement actions, which could include fines or legal penalties (section 493 of the EPBC Act). The maximum penalties for contravening the Act can vary, but they may include substantial fines for individuals and corporations. The specific penalties are determined based on the nature and severity of the breach, with potential fines reaching up to several thousand Australian dollars. In severe cases, criminal charges may be pursued, leading to more significant penalties and potential imprisonment. The Recovery Plan is designed to ensure the long-term survival of the Australasian Bittern by addressing the key threats to its habitat and population. Through the collaborative efforts of the Commonwealth and the states, the plan aims to implement effective conservation measures that will support the species' recovery and prevent further decline. The detailed actions and objectives outlined in the plan are essential for achieving these conservation goals and ensuring the protection of this endangered species within its natural habitat.