Invitation for public comment on the draft Recovery Plan for the Four Grassland Earless Dragons (Tympanocryptis spp.) of Southeast Australia

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly through the management of activities that have a significant impact on the environment. The Act is administered by the Department of Climate Change, Energy, the Environment and Water. As part of its functions, the Department has initiated a public consultation process for a draft recovery plan concerning four grassland earless dragon species in southeast Australia, which are listed under various degrees of endangerment. The draft plan outlines necessary research and management strategies aimed at halting the decline and facilitating the recovery of these species. The public is invited to submit comments on the draft plan, which must be received by 27 October, to ensure community input in the development of effective conservation measures.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to this draft recovery plan for the Four Grassland Earless Dragons (Tympanocryptis spp.) of Southeast Australia. This Act is a Commonwealth statute and governs the protection of the environment, including threatened species and ecological communities, across Australia. The Act applies to any person or entity engaging in activities that may impact listed threatened species or communities. In this instance, the Act facilitates the development and implementation of recovery plans for listed species, aiming to halt decline and promote recovery. The recovery plan under review is intended to guide research and management actions for four critically endangered or endangered species of grassland earless dragons. The Act's jurisdiction is national, extending across all states and territories in Australia, thereby ensuring a unified approach to the conservation of these species. While the Act generally applies broadly, specific exclusions or exemptions are not detailed within the scope of this draft plan notice, but would typically relate to activities covered under other legislation or regulatory frameworks. The Act may also extend its application through subordinate instruments, such as regulations or guidelines, which provide further detail on the implementation of the recovery plan.

Key Provisions

The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this recovery plan include Section 275, which mandates the creation of recovery plans for species listed as threatened under the Act, and Section 277, which allows for the public to comment on draft recovery plans. This particular notice (C2023G00868) invites public comment on the draft Recovery Plan for the Four Grassland Earless Dragons of Southeast Australia. This plan is intended to outline the necessary research and management actions required to halt the decline and promote the recovery of the four species listed: Tympanocryptis pinguicolla, Tympanocryptis mccartneyi, Tympanocryptis lineata, and Tympanocryptis osbornei. The Act imposes several obligations on parties and entities governed by it. The Department of Climate Change, Energy, the Environment and Water is obligated to develop and publish recovery plans for threatened species, as stipulated in Section 275 of the EPBC Act. Additionally, the Act requires public consultation on these draft plans, as per Section 277, allowing stakeholders to provide feedback and suggestions before the plan is finalised. Furthermore, Section 274 of the Act obligates the government to consider the recovery plan and any public comments received when making decisions regarding the protection and conservation of the species. The EPBC Act also outlines potential consequences for breaches of its provisions. Under Section 280 of the Act, failure to comply with the requirements of a recovery plan may result in civil or criminal penalties. The maximum penalty for an individual who breaches the Act can be substantial, with fines reaching up to AUD 500,000 for corporations and AUD 100,000 for individuals, depending on the severity of the breach. Additionally, imprisonment may be imposed for serious breaches, with penalties reaching up to five years for individuals and seven years for corporations. These penalties underscore the importance of adhering to the Act’s provisions and the recovery plan’s stipulations in protecting and conserving threatened species.