Invitation for Public Comment on the Draft Golden-shouldered Parrot Recovery Plan

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the Australian environment, particularly with regard to matters of national environmental significance. The Act was introduced to address gaps in environmental protection and to provide a framework for the conservation of biodiversity and threatened species. In line with the policy objective of preserving Australia's unique flora and fauna, the Act establishes a national system for the protection of the environment and heritage places, and facilitates the recovery of threatened species. In this context, the Department of Agriculture, Water and the Environment has issued a notice under Section 275 inviting public comment on the draft Golden-shouldered Parrot Recovery Plan, which aims to halt the decline and support the recovery of this listed threatened species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and individuals involved in activities that may impact listed threatened species, including the Golden-shouldered Parrot (Psephotus chrysopterygius). The Act imposes obligations on entities and persons that may trigger the need for a recovery plan under section 474 of the Act, and it extends to actions that may harm the species or its critical habitat. This legislation has a national reach, applying across all states, territories, and Commonwealth areas, with the intent to conserve and protect Australia's biodiversity. The Act may be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the specific actions and measures required to implement the recovery plan. Entities and individuals must comply with the requirements of the Act and any subordinate instruments to avoid legal penalties and to contribute to the conservation of the Golden-shouldered Parrot. The draft recovery plan under discussion is open to public comment until 13 May 2022, as outlined in the notice issued by the Department of Agriculture, Water and the Environment. The recovery plan aims to halt the decline and facilitate the recovery of the Golden-shouldered Parrot by outlining necessary research, management, and other actions. The Act does not specify exclusions, exemptions, or thresholds for the recovery plan, but the draft document itself may contain provisions that address particular aspects of the species' conservation. The public is encouraged to review the draft plan and provide feedback to the Department, contributing to the collaborative effort to protect and conserve this threatened species.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as relevant to this invitation for public comment on the draft Golden-shouldered Parrot Recovery Plan include Section 275, which allows for public notification and comment on draft recovery plans and threat abatement plans (Section 275(1)). The Act also includes provisions for the development and implementation of recovery plans for listed threatened species, as per Section 180 (Section 180(1)). These sections require the Department to prepare and make available a draft recovery plan for public scrutiny and feedback. The obligations and requirements imposed by the EPBC Act on the parties and entities it governs are comprehensive. The Department of Agriculture, Water and the Environment is required to develop recovery plans for listed threatened species such as the Golden-shouldered Parrot, which includes identifying the key threatening processes affecting the species and outlining the necessary actions for its recovery (Section 180(1)). The Act also mandates the Department to seek public comment on these draft plans to ensure transparency and inclusivity in the decision-making process (Section 275(1)). Additionally, the Act requires the Department to consider the public submissions received and incorporate relevant feedback into the final recovery plan, demonstrating the importance of community involvement in environmental conservation efforts. Failure to comply with the provisions of the EPBC Act can result in various civil and criminal consequences. For instance, Section 487 of the Act provides for penalties for non-compliance with directions or authorisations related to the management of listed threatened species. The maximum penalty for an individual can be up to $330,000 or imprisonment for up to five years, or both, depending on the severity of the breach (Section 487(2)). Additionally, Section 528 of the Act imposes penalties for offences related to the destruction of the habitat of listed threatened species, with maximum penalties of up to $660,000 or imprisonment for up to ten years, or both, for corporations (Section 528(2)). These stringent penalties underscore the importance of adhering to the Act's provisions to protect Australia's biodiversity and endangered species.