Environment Protection and Biodiversity Conservation (Recovery Plan— Turnix melanogaster) Instrument 2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities. Under the authority of the Minister for the Environment and Water, a Recovery Plan has been jointly made with the State of Queensland for the Black-breasted Button-quail, a species listed as vulnerable under the EPBC Act. This National Recovery Plan addresses the severe habitat loss and degradation faced by the Black-breasted Button-quail due to factors such as invasive weeds, inappropriate fire regimes, drought, feral pigs, and predation by invasive animals. The policy objective is to halt the decline and support the recovery of this species to ensure its long-term survival in nature. Extensive consultation was undertaken with relevant stakeholders, including the Threatened Species Scientific Committee, public consultation, and state ministers, in line with the EPBC Act requirements. The Recovery Plan includes the necessary research and management actions as stipulated by the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000, and it will commence upon registration on the Federal Register of Legislation.

Scope and Application

The Environment Protection and Biodiversity Conservation (Recovery Plan — Turnix melanogaster) Instrument 2023 applies to the Black-breasted Button-quail (Turnix melanogaster), a species listed under the Vulnerable category of the Threatened Species List in the Environment Protection and Biodiversity Conservation Act 1999. This Act, enacted by the Commonwealth of Australia, provides for the protection and conservation of biodiversity, including threatened species such as the Black-breasted Button-quail. The instrument is a collaborative effort between the Commonwealth and the State of Queensland, where the species is found, aiming to develop and implement a National Recovery Plan to address the species' decline and support its recovery. The Recovery Plan specifies the necessary research and management actions to halt the decline of the Black-breasted Button-quail and to maximise its chances of long-term survival in its natural habitat. The instrument binds the Commonwealth and Commonwealth agencies as per the EPBC Act, with the Recovery Plan being prepared in accordance with the processes outlined in Part 13, Division 1, Subdivision A of the Act, ensuring that it includes the required content, such as objectives and specific actions. The Recovery Plan became effective on the day after its registration on the Federal Register of Legislation, making it a legislative instrument under the Legislation Act 2003.

Key Provisions

The main sections of the Environment Protection and Biodiversity Conservation (Recovery Plan – Turnix melanogaster) Instrument 2023 (F2023L00858) are critical for the protection and conservation of the Black-breasted Button-quail, a listed threatened species. Section 269A(3) of the EPBC Act allows the Minister to make a recovery plan for listed threatened species, in this case jointly with the State of Queensland. This recovery plan is intended to guide the necessary research and management actions required to halt the decline and support the recovery of the species, ensuring its long-term survival (s 270). The plan must include specific content such as the objectives of the plan and the actions needed to achieve these objectives, as prescribed under the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000 (s 270, reg 7.11). The obligations imposed by this Act on the parties involved are significant and multifaceted. The Minister for the Environment and Water, in consultation with the relevant state ministers and the Threatened Species Scientific Committee, must ensure that the recovery plan is comprehensive and adequately considers public input. The plan must be prepared in accordance with the EPBC Act, including inviting and considering public comments as stipulated by sections 274, 275, and 276 of the Act. Additionally, the Act requires the Minister to consult with the Minister of each State and self-governing Territory in which the Black-breasted Button-quail occurs, ensuring a coordinated approach to the species' conservation (s 269A(5)(a)). Breaching the provisions of the EPBC Act and the Recovery Plan can result in both civil and criminal consequences. While the specific penalties for non-compliance with the recovery plan are not detailed in the explanatory statement, the broader EPBC Act provides for substantial penalties for actions that adversely affect listed threatened species. For instance, under the EPBC Act, individuals and entities may be liable for civil penalties for actions that cause harm to a listed threatened species or its habitat. In severe cases, criminal penalties, including fines and imprisonment, may apply. The specific maximum penalties for offences under the EPBC Act can vary depending on the nature and severity of the breach, but they can be significant, reflecting the importance of protecting threatened species and their habitats.