Invitation for public comment on the draft National Recovery Plan for the Southern Right Whale

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, especially with respect to biodiversity, by enabling the Commonwealth to cooperate with the states, to establish a system of national parks, and to provide for the protection of threatened species and ecological communities. This Act was introduced to address the growing concern over the decline of various species and their habitats, and to establish a comprehensive framework for their conservation. The Act is overseen by the Australian Parliament and its policy objective is to ensure that the Commonwealth contributes to the conservation of biodiversity by protecting and managing threatened species and ecological communities. The Department of Climate Change, Energy, the Environment and Water, on behalf of the Commonwealth of Australia, is currently inviting public comments on the draft National Recovery Plan for the Southern Right Whale (Eubalaena australis) under Section 275 of the Environment Protection and Biodiversity Conservation Act 1999. The draft recovery plan aims to promote the recovery of this listed threatened species through research, management and other actions. The Department has made the draft recovery plan accessible for review and feedback, with comments to be submitted by COB Friday 21 April 2023. The Department encourages members of the public to contribute their insights and suggestions to aid in the development of an effective strategy for the conservation of the Southern Right Whale.

Scope and Application

The National Recovery Plan for the Southern Right Whale, as outlined in the draft document released by the Department of Climate Change, Energy, the Environment and Water, pertains to the management and conservation of the Southern Right Whale, a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999. This Act applies to the Commonwealth jurisdiction, aiming to protect the species and its habitat, ensuring that any person or entity engaged in activities that may impact the Southern Right Whale adheres to the provisions of the recovery plan. The plan encompasses a range of measures, including research and management actions, to promote the species' recovery. Exclusions and exemptions, if any, are to be determined in the final plan following the consideration of public comments. The scope of application extends to all relevant stakeholders, including governmental bodies, industry sectors, and individuals whose activities may affect the Southern Right Whale or its habitat. The draft recovery plan is open for public comment until the specified deadline, with submissions directed to the department’s designated email and postal addresses.

Key Provisions

The draft National Recovery Plan for the Southern Right Whale, as outlined in the Notice under Section 275 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is currently open for public comment (s275). This plan details the research, management, and actions that the Australian Government intends to undertake to aid in the recovery of the Southern Right Whale, which is listed as a threatened species. The public is invited to provide feedback on this draft, which is available online at the Department's website (s275). Submissions must be received by the close of business on Friday, 21 April 2023, and can be sent either by post to a specified address or via email to a dedicated address provided by the Department (s275). Under the EPBC Act, the Department of Climate Change, Energy, the Environment and Water has the responsibility to develop recovery plans for threatened species, including the Southern Right Whale. This includes conducting research, implementing management strategies, and taking other necessary actions to facilitate the recovery of the species (s183). The Department is obliged to consider public comments received during the consultation period when finalising the recovery plan (s275). This ensures that the plan is informed by a wide range of perspectives and expertise, which can enhance its effectiveness. Failure to comply with the provisions of the EPBC Act or the recovery plan could result in legal consequences. The Act provides for both civil and criminal penalties for breaches, including fines and imprisonment. For example, under section 474 of the Act, a person who contravenes a direction given under the Act may be liable for a fine of up to $1.1 million for a corporation or $220,000 for an individual, or both. Additionally, under section 487, a person who knowingly or recklessly contravenes a provision of the Act that is designed to protect threatened species may be liable for a fine of up to $660,000 for a corporation or $132,000 for an individual, or both. These penalties reflect the seriousness with which the Australian Government regards the protection of threatened species and their habitats.