Invitation for public comment on the draft National Recovery Plan for the Great Desert Skink (Liopholis kintorei)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides the legislative framework for the protection of the nation's environment, including threatened species, ecological communities, and heritage places. The Department of Climate Change, Energy, the Environment and Water is responsible for managing the Act and has recently issued a draft National Recovery Plan for the Great Desert Skink (Liopholis kintorei), inviting public comment on the proposed plan. The policy objective of this draft recovery plan is to outline the necessary research and management actions required to halt the decline and support the recovery of this listed threatened species. Public submissions are encouraged to ensure the plan reflects the best available information and community input, with a deadline of 11 February 2023.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any proposed action that is likely to have a significant impact on a matter of national environmental significance, including listed threatened species such as the Great Desert Skink (Liopholis kintorei). This Act applies to all persons and entities, including individuals, corporations, and government bodies, and extends to all industries and conduct that may impact the environment within Australia, including its territorial waters and external territories. The Act provides for the creation of recovery plans for listed threatened species, which includes setting out the necessary research and management actions to halt the decline and support the recovery of the species. The geographic reach of the Act is national, covering the entire Commonwealth of Australia, and the Act may be extended or restricted through subordinate instruments such as regulations or guidelines. There are no stated exclusions or exemptions in the draft recovery plan for the Great Desert Skink, and the invitation for public comment is open to all interested parties.

Key Provisions

The main operative sections of the Act, relevant to the draft National Recovery Plan for the Great Desert Skink (Liopholis kintorei), are sections 275, 181, and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Section 275 provides the framework for public consultation on draft recovery plans, while sections 181 and 183 detail the processes for the development and implementation of recovery plans for listed threatened species. In plain terms, section 275 requires the department to invite public comment on the draft plan, while sections 181 and 183 require the plan to set out the necessary research and management actions for the species' recovery. The Act imposes several obligations on the parties or entities it governs. Firstly, the department is required to invite public comment on the draft recovery plan (s 275). This includes publishing the draft plan, specifying the timeframe for public comment, and providing clear instructions on how to submit comments. Additionally, the Act requires the development and implementation of recovery plans for listed threatened species (ss 181, 183). These plans must be based on the best available scientific information and must set out the necessary research and management actions for the species' recovery. The Act also provides for offences, penalties, and civil/criminal consequences for breach. While the Act does not explicitly state the penalties for non-compliance with the recovery plan requirements, breaches of other sections of the Act can result in substantial penalties. For example, under section 474, a person who engages in an action that is likely to have a significant impact on a listed threatened species or its habitat can be liable for a penalty of up to $666,000 for a corporation and $133,200 for an individual. Additionally, under section 475, a person who engages in an action that is likely to have a significant impact on a listed threatened species or its habitat can be subject to criminal prosecution and penalties of up to two years' imprisonment for an individual and $1,100,000 for a corporation. It is important to note that these penalties are not specific to the recovery plan requirements but rather apply to the broader provisions of the Act.