Invitation for public comment on the draft National Recovery Plans for the Australasian Bittern, Australian Painted Snipe, Australian Fairy Tern and Sandhill Dunnart

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance, including listed threatened species and ecological communities. The Act was introduced to address the problem of biodiversity loss and to establish a framework for the conservation and sustainable use of Australia’s natural resources. In seeking to achieve this objective, the Act facilitates the development and implementation of recovery plans for threatened species, as part of a broader strategy to protect and enhance Australia's biodiversity. The Department of the Environment and Energy has called for comments on draft National Recovery Plans for several threatened species, including the Australasian Bittern, Australian Painted Snipe, Australian Fairy Tern, and Sandhill Dunnart, with the aim of promoting their recovery through coordinated research and management actions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, entities, industries, and any conduct or transactions that may impact Australia's native flora, fauna, ecological communities, and their habitats. The Act extends to the Commonwealth jurisdiction and covers activities that are within or affect Australia's territorial limits, including offshore areas and external territories. The Act's application can be extended or restricted through subordinate instruments such as regulations and codes of practice. The current call for comment pertains to the National Recovery Plans for the Australasian Bittern, Australian Painted Snipe, Australian Fairy Tern, and Sandhill Dunnart, which are all listed threatened species. These plans aim to guide the research, management, and actions necessary to promote the recovery of these species. The Department of the Environment and Energy invites the public to review and provide feedback on the draft recovery plans by 17 April 2020. The consultation process is aimed at ensuring the effectiveness of these plans in protecting and recovering the targeted species and their habitats.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) requires that a National Recovery Plan be developed for certain threatened species (s 180(1)). The Act mandates the Department of the Environment and Energy to prepare such plans to outline the research, management, and other actions necessary to promote the recovery of these species (s 181(1)). Section 275 of the Act provides the mechanism for calling for public comment on draft recovery plans, while section 277 outlines the process for finalising and approving these plans. The draft recovery plans for the Australasian Bittern, Australian Painted Snipe, Australian Fairy Tern, and Sandhill Dunnart are currently available for public review, with a comment period ending on 17 April 2020. The Act imposes several obligations on the Department of the Environment and Energy, including the preparation of comprehensive recovery plans for listed threatened species (s 181(1)). These plans must be based on the best available scientific information and must outline specific actions, timelines, and responsibilities for the recovery of the species (s 182(1)). The Department is also required to consult with relevant stakeholders, including state governments, industry groups, and conservation organisations, during the development of these plans (s 181(2)). Furthermore, the Act requires the Department to consider the potential economic and social impacts of the recovery actions, ensuring that the plans are both scientifically sound and practical (s 182(3)). Breaches of the requirements set out in the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. For instance, failure to comply with a recovery plan approved under the Act may lead to enforcement actions, including fines and legal proceedings (s 528). The maximum penalties for such breaches can be substantial, with fines of up to AUD 66,000 for individuals and AUD 330,000 for corporations (s 528(2)). Additionally, those responsible for causing harm to a listed threatened species, or its habitat, may also face criminal charges, with potential imprisonment for up to two years for individuals and fines of up to AUD 1.1 million for corporations (s 529). These provisions underscore the importance of adhering to the Act’s requirements to protect Australia’s threatened species and their habitats.