Instrument revoking and making a recovery plan (18 July 2013)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species and ecological communities. This Act addresses the problem of biodiversity decline by establishing mechanisms to safeguard threatened species and communities. The explanatory statement issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities indicates that the Recovery Plan for the White Shark (Carcharodon carcharias) 2013, made under the authority of the Act, aims to revoke the existing White Shark (Carcharodon carcharias) Recovery Plan 2002 and replace it with an updated plan. This new recovery plan is intended to set out the research and management actions necessary to halt the decline of, and support the recovery of, the white shark throughout its range in Australian waters. The policy objective is to ensure that the protection and conservation measures are based on the best available scientific advice and public consultation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection and conservation of biodiversity and threatened species within Australia and its territorial waters. This legislation empowers the Minister for Sustainability, Environment, Water, Population and Communities to revoke existing recovery plans and to create new ones for threatened species, including the white shark (Carcharodon carcharias). The Act binds the Commonwealth and Commonwealth agencies in implementing these plans. The instrument in question specifically revokes the White Shark (Carcharodon carcharias) Recovery Plan 2002 and establishes a new Recovery Plan for the White Shark (Carcharodon carcharias) 2013. This new plan outlines the necessary research and management actions aimed at halting the decline and facilitating the recovery of the white shark throughout its range in Australian waters. The process of creating this recovery plan involved obtaining and considering advice from the Threatened Species Scientific Committee and inviting public comments, which were thoroughly considered before finalising the plan. The new recovery plan is considered a legislative instrument under the Legislative Instruments Act 2003 (Cth) and comes into effect upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation concern the revocation of the existing recovery plan for the white shark and the establishment of a new recovery plan. Under section 33(3) of the Acts Interpretation Act 1901 (Cth) and section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), the Minister has the authority to revoke the existing White Shark (Carcharodon carcharias) Recovery Plan 2002. This revocation is intended to make way for the new Recovery Plan for the White Shark (Carcharodon carcharias) 2013, which is established under section 269A(2) of the EPBC Act. This new plan aims to provide updated research and management actions necessary for the protection, conservation, and recovery of the white shark within Australian waters. The Act imposes several obligations and requirements on the Commonwealth and relevant agencies. Firstly, the Minister must obtain and consider advice from the Threatened Species Scientific Committee, as mandated by section 274 of the EPBC Act. Additionally, the draft recovery plan must be made available for public comment, in line with section 275 of the EPBC Act. This requirement ensures that the plan is inclusive and considers a broad range of perspectives. Furthermore, all public comments received must be considered before finalising the recovery plan, as stipulated by section 276 of the EPBC Act. These obligations ensure that the recovery plan is scientifically informed and inclusive of public input. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, breaches of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) generally can lead to various penalties, including fines and imprisonment. The specific penalties depend on the nature and severity of the breach, with potential maximum penalties ranging from fines of up to AUD 1.1 million for corporations to AUD 55,000 for individuals, and imprisonment terms up to five years for corporations and two years for individuals, as per the EPBC Act. These penalties underscore the importance of compliance with the Act and its regulations to ensure the protection and conservation of threatened species like the white shark.