Invitation for public comment on a draft National Recovery Plan for the Ghost Bat

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, serves as a critical piece of legislation aimed at protecting the nation's biodiversity. This Act provides a framework for the conservation and protection of threatened species, ecological communities, and heritage places of national and international significance. One of the key objectives of the Act is to address the problem of declining biodiversity and species extinction by providing a mechanism for the development and implementation of recovery plans for threatened species. In this context, the Department of Climate Change, Energy, the Environment and Water is inviting public comment on a draft National Recovery Plan for the Ghost Bat (Macroderma gigas), a species currently in decline. This initiative seeks to garner community input and expert advice to ensure the recovery plan is comprehensive and effective in halting the decline and supporting the recovery of this threatened species. The Department of Climate Change, Energy, the Environment and Water, through this public consultation, aims to achieve the policy objective of safeguarding the Ghost Bat and its habitat. By involving the public and stakeholders in the recovery planning process, the department ensures that the recovery plan incorporates a wide range of perspectives and knowledge, thereby enhancing its potential for success. Interested parties are encouraged to review the draft recovery plan and provide feedback by 10 March 2026, either via email or post, as detailed in the notice. This collaborative approach underscores the importance of community engagement in environmental conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to this draft National Recovery Plan for the Ghost Bat (Macroderma gigas), as indicated by the notice from the Department of Climate Change, Energy, the Environment and Water. This Act is a Commonwealth Act that applies to any actions that may significantly impact matters of national environmental significance, including threatened species like the Ghost Bat. The Act's provisions extend to any person or entity engaging in activities that may affect these species, their habitats, or ecological communities across Australia. While the Act aims to protect these species, there may be specific exclusions or exemptions under certain conditions, such as when activities are covered by state or territory legislation deemed to be equivalent to the EPBC Act. Additionally, the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on implementation and enforcement. The public is invited to provide feedback on the draft recovery plan, highlighting the inclusive approach of the EPBC Act in involving stakeholders in conservation efforts.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this recovery plan are sections 275 (subsections 275(1) and 275(2)), which require the Minister to prepare a draft recovery plan for a threatened species, population, or ecological community and invite public comment on the draft (section 275(1)). Section 275(2) mandates that the Minister must make the draft recovery plan publicly available and invite comments from the public or any other person or entity with an interest in the matter. In this instance, the Minister has prepared a draft National Recovery Plan for the Ghost Bat (Macroderma gigas) and is inviting public comment on it. The Act imposes specific obligations on the Minister, who is responsible for preparing the draft recovery plan and ensuring that it is made available for public comment. The Minister must take into account any submissions made by the public, as well as any relevant advice from the Threatened Species Scientific Committee, when finalising the recovery plan. The Minister is also required to consider the potential environmental impacts of the recovery actions and ensure that they are consistent with the objectives of the EPBC Act. There are no explicit offences, penalties, or consequences stated in the notice for breaching the requirements of the Act in relation to the preparation and finalisation of the recovery plan. However, the Act does provide for a range of offences and penalties for actions that threaten listed threatened species, populations, or ecological communities, or that cause significant harm to matters of national environmental significance. These offences and penalties are set out in various sections of the Act, including sections 474, 475, and 477, which prescribe penalties of up to $1.1 million for individuals and $5.5 million for bodies corporate, as well as imprisonment for up to five years. Additionally, the Act provides for civil remedies, including injunctions and damages, for actions that cause harm to listed threatened species, populations, or ecological communities. The Department of Climate Change, Energy, the Environment and Water has provided information on how it will handle any personal information within, or provided in relation to, a submission. This includes a privacy statement that outlines the purposes for which personal information is collected, how it is used and disclosed, and the rights of individuals to access and correct their personal information. The Department also provides information on how to make a complaint if an individual believes that their privacy has been breached.