Invitation for Public Comment on the Draft National Recovery Plan for the Malleefowl (Leipoa Ocellata)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act aims to ensure the protection of Australia's biodiversity and the sustainable use of natural resources. The Department of Climate Change, Energy, the Environment and Water has invited public comment on the draft National Recovery Plan for the Malleefowl (Leipoa ocellata), proposed to be made as a recovery plan under the Act. The draft plan outlines the necessary research and management actions to halt the decline and support the recovery of the listed threatened species, Malleefowl. Public comments are encouraged and must be received by 11 February 2023. The policy objective of the Act is to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to ensure the sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to a broad range of activities and entities across Australia, particularly those that may impact threatened species and their habitats. The Act is administered by the Commonwealth Government and is designed to provide for the protection of the environment, including wildlife, ecosystems, heritage places, and matters of national environmental significance. In the context of the draft National Recovery Plan for the Malleefowl (Leipoa ocellata), the Act provides the legislative framework for the formulation and implementation of recovery plans for threatened species. The scope of the Act extends to all persons, entities, and industries that may engage in activities that could impact the survival of the Malleefowl, and it applies nationally across Australia. The Act also allows for the creation of subordinate legislation and regulations that can further define and refine the application of the Act, including specifying actions that may require approval or authorisation under the Act. There are no explicit exclusions or exemptions outlined in the notice for public comment on the draft recovery plan, although the specific application of the Act and any subordinate legislation to particular activities or entities will depend on the details of those activities and entities, and the provisions of the Act and any subordinate legislation.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) includes provisions for the creation and management of recovery plans for listed threatened species. Section 275 of the EPBC Act allows the Minister to invite public comment on draft recovery plans for species deemed to be in need of recovery efforts. In this instance, the Department of Climate Change, Energy, the Environment and Water has issued a notice under section 275, inviting public comment on the draft National Recovery Plan for the Malleefowl (Leipoa ocellata). This draft recovery plan outlines the necessary research and management actions to halt the decline and support the recovery of this listed threatened species (s. 180). The Act imposes certain obligations on the parties involved in the creation and implementation of recovery plans. The Minister is responsible for ensuring that the draft recovery plan is made available for public comment and that any submissions received are considered in the finalisation of the recovery plan (s. 275). The public, including individuals, organisations, and experts, have the opportunity to review the draft plan and provide feedback to the Department (s. 275). This process allows for collaboration and input from various stakeholders, ensuring that the recovery plan is comprehensive and well-informed. Failure to comply with the provisions of the EPBC Act, including the submission of a recovery plan for a listed threatened species, may result in civil and criminal consequences. Under section 474 of the Act, a person who contravenes a direction given under the Act is liable to a civil penalty not exceeding the greater of three times the benefit obtained, if any, from the contravention, or $222,000. Additionally, under section 511 of the Act, a person who commits an offence against the Act is liable to a fine not exceeding the greater of $210,000, or three times the benefit obtained, if any, from the contravention, or imprisonment for a period not exceeding two years, or both. These penalties serve as a deterrent against non-compliance with the Act and its provisions, and encourage the protection and conservation of Australia's threatened species.