Environment Protection and Biodiversity Conservation (Recovery Plan—White-throated Snapping Turtle (Elseya albagula)) Instrument 2021

Overview

The Environment Protection and Biodiversity Conservation (Recovery Plan—White‑throated Snapping Turtle (Elseya albagula)) Instrument 2021 was enacted to address the decline and support the recovery of the White-throated Snapping Turtle (Elseya albagula), which is listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislative instrument, issued under the authority of the Minister for the Environment, was made to fulfill the requirements of the EPBC Act, particularly those under sections 269A, 270, and 275, which mandate the creation of recovery plans for threatened species. The policy objective of this instrument is to establish a national framework that coordinates and guides the conservation efforts for this critically endangered species across its range in Australia. The instrument was developed through consultations with various stakeholders and was open for public comment for three months, ensuring a broad-based approach to its formulation.

Scope and Application

The Environment Protection and Biodiversity Conservation (Recovery Plan—White-throated Snapping Turtle (Elseya albagula)) Instrument 2021 applies to the White-throated Snapping Turtle, which is listed as Critically Endangered under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This legislation mandates the creation of a national recovery plan for the species, setting out the research and management actions necessary to halt the species' decline and support its recovery. The instrument binds the Commonwealth and Commonwealth agencies and extends across the entire geographical range of the species in Australia. This instrument was developed in consultation with the Threatened Species Scientific Committee and was open for public comment, ensuring broad stakeholder involvement in its creation. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Environment Protection and Biodiversity Conservation (Recovery Plan—White-throated Snapping Turtle (Elseya albagula)) Instrument 2021 (section 269A(2)) serves to establish a National Recovery Plan for the White-throated Snapping Turtle, a species classified as Critically Endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This recovery plan (section 270) outlines the research and management actions necessary to halt the decline of the species and support its recovery. The plan was developed in accordance with section 274 of the EPBC Act, which mandates that the Minister for the Environment obtain and consider advice from the Threatened Species Scientific Committee on the content of the recovery plan. Additionally, section 275 requires that the draft recovery plan be open for public comment for three months, which was done through advertisements in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper, and the Department of the Environment and Energy's website. All public comments received were considered before finalising the recovery plan (section 276). The obligations imposed by this legislation primarily rest on the Minister for the Environment and relevant Commonwealth agencies. They are required to adhere to the recovery plan's directives to ensure the protection and conservation of the White-throated Snapping Turtle. This includes undertaking the specified research and management actions and collaborating with various stakeholders, such as state governments, local communities, and conservation groups, to effectively implement the recovery plan. The Minister must also ensure that the recovery plan is regularly reviewed and updated as necessary to reflect new scientific findings and changing circumstances. In terms of enforcement, the EPBC Act provides for various civil and criminal penalties for non-compliance with its provisions. For instance, under section 487 of the EPBC Act, individuals or entities that take actions that are likely to have a significant impact on a listed threatened species or its habitat without the necessary approval can face substantial fines. Specifically, the maximum penalty for an individual is up to $360,000 or imprisonment for up to five years, or both. For a corporation, the maximum penalty can be much higher, reaching up to $2.1 million. Additionally, section 488 imposes penalties for the destruction or damage of a listed threatened species' habitat, with fines of up to $630,000 and imprisonment for up to five years for individuals, and up to $3.15 million for corporations. These provisions underscore the seriousness with which the Act treats the protection of endangered species and their habitats.