EXPLANATORY STATEMENT

(Issued under the Authority of the Assistant Minister for the Environment)

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 270B to make the Threat Abatement Plan for the impacts of marine debris on the vertebrate wildlife of Australia’s coasts and oceans

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment, especially matters of national environmental significance, and conservation of biodiversity, including the protection of native species and ecological communities affected by key threatening processes.

Background

Part 13, Division 5, Subdivision A of the Act provides for the making of threat abatement plans concerning key threatening processes, which bind the Commonwealth and Commonwealth agencies. Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris is listed as a key threatening process under the Act. The Minister may make a threat abatement plan under section 270B of the Act if the Minister’s most recent decision under section 270A is to have a threat abatement plan for the process.

The Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris (the plan) was developed in consultation with the public and relevant research, industry, government and non-government organisations. The plan was informed by advice from the Threatened Species Scientific Committee (the Committee).

Purpose of the Instrument

The purpose of the Instrument is to reduce the effects of the key threatening process on Australia’s biodiversity. The plan provides a national strategy to guide the activities of government, industry and research organisations and outlines the research, management and other actions necessary to reduce the key threatening process to an acceptable level. The content of the plan complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.

Consultation

Before making a threat abatement plan, the Minister must consult about the draft plan and consider public comments in accordance with sections 275 and 276 of the Act, and consider the advice of the Threatened Species Scientific Committee in accordance with subsection 274(1) of the Act.

Notices were published in the Gazette and The Australian newspaper inviting written comments on the draft plan, in accordance with section 275 of the Act. Public consultation was undertaken between January and April 2017. Submissions were received from 51 respondents during the public comment period.

Comments received on the draft plan were taken into consideration in revising and finalising the plan.

The Minister obtained and considered the advice of the Committee, in accordance with subsection 274(1) of the Act. The Committee recommended that the plan be made by the Minister under section 270B of the Act.

The plan is available from the Australian Government Department of the Environment and Energy’s website at: http://www.environment.gov.au/approved-taps. Copies of the plan can also be requested from the Department’s Community Information Unit (ciu@environment.gov.au or by telephone on 1800 803 772) or by post to the Australian Government Department of the Environment and Energy, GPO Box 787, Canberra ACT 2601.

The plan is a Legislative Instrument for the purposes of the Legislation Act 2003.

The Office of Best Practice Regulation (the OBPR) advised that a Regulatory Impact Statement was not required for the Instrument (OBPR ID: 21877).

The plan came into force on the day after it was registered on the Federal Register of Legislation.

Authority: Section 270B of the Environment Protection and Biodiversity Conservation Act 1999.