Environment Protection and Biodiversity Conservation (Wildlife Conservation Plan for Seabirds) Instrument 2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to protect and conserve the environment, including biodiversity, and to regulate activities that may have a significant impact on the environment. The Act aims to address the problem of biodiversity loss and environmental degradation by providing a framework for the protection of species and ecosystems, including migratory, marine, and threatened species. The Environment Protection and Biodiversity Conservation (Wildlife Conservation Plan for Seabirds) Instrument 2022 was introduced to provide a national framework to guide and coordinate the research and management of 76 migratory and/or marine seabirds throughout their range in Australia. The purpose of this instrument is to establish a wildlife conservation plan for seabirds to identify research and management actions necessary to assist in their long-term survival. The instrument was developed through extensive consultation with stakeholders and affected interests and was endorsed by the Threatened Species Scientific Committee before being made by the Minister for the Environment. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation (Wildlife Conservation Plan for Seabirds) Instrument 2022, made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is a legislative instrument designed to protect and conserve 76 migratory and/or marine seabird species throughout their range in Australia. The instrument applies to these specific species and encompasses activities that may impact their survival, including those undertaken by Commonwealth agencies, within Commonwealth areas, and potentially in states and territories where these seabirds occur. The instrument binds the Commonwealth and involves a collaborative approach with the states of New South Wales, South Australia, Queensland, and Western Australia, although it primarily focuses on the national framework for research and management of these species. The instrument does not specify particular thresholds or exclusions but relies on existing provisions of the EPBC Act which prohibit activities that harm these species without appropriate permits. The implementation of the instrument may be extended or detailed through subordinate legislation or regulations as deemed necessary by the Minister for the Environment.

Key Provisions

The Environment Protection and Biodiversity Conservation (Wildlife Conservation Plan for Seabirds) Instrument 2022 (the Instrument) sets out the Wildlife Conservation Plan for Seabirds, which is a national framework for guiding and coordinating research and management of 76 migratory and marine seabirds in Australia. Section 285(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows the Minister for the Environment to make this wildlife conservation plan to protect, conserve, and manage listed species. The Minister, in this case, has made the Plan in collaboration with the States of New South Wales, South Australia, Queensland, and Western Australia as required by section 285(5) of the EPBC Act. Under the Instrument, various obligations and requirements are placed on the Commonwealth, Commonwealth agencies, and relevant state and territory authorities. The Plan, as set out in section 287 of the EPBC Act, must provide for research and management actions necessary to support the survival of the 76 listed seabirds. The Minister must consult with the Threatened Species Scientific Committee and consider their advice before making the Plan, as mandated by subsection 289(3) of the EPBC Act. The draft Plan was open for public consultation as per section 290 of the EPBC Act, and all comments received during this period were considered before finalising the Plan, in accordance with section 291 of the EPBC Act. The EPBC Act outlines several offences and penalties for breaches related to the conservation of listed species. For example, under section 234 of the EPBC Act, it is an offence to kill, injure, trade, or take members of these seabird species in or on a Commonwealth area, with potential penalties including fines and imprisonment. The Wildlife Conservation Plan for Seabirds, while not imposing new offences, provides a framework to assist in the enforcement of these existing provisions and ensures coordinated efforts among the Commonwealth, states, and territories. In summary, the Wildlife Conservation Plan for Seabirds Instrument 2022 establishes a comprehensive national framework for the research and management of migratory and marine seabirds, setting out necessary actions for their long-term survival. It imposes obligations on the Commonwealth, Commonwealth agencies, and relevant state and territory authorities to implement the Plan and collaborate in its execution. While the Instrument itself does not introduce new offences, it supports the enforcement of existing provisions under the EPBC Act, which carry penalties for breaches related to the protection of listed species.