Invitation for public comment on three draft National Recovery Plans – Northern long-nosed potoroo, South-eastern long-eared bat and Southern brown bandicoot (eastern)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to address the need for a comprehensive framework to protect and manage the nation's environment, particularly in relation to threatened species and ecological communities. This Act provides the legal basis for the development and implementation of recovery plans for endangered species, aiming to halt their decline and facilitate their recovery. The Department of Climate Change, Energy, the Environment and Water is responsible for overseeing the development of these recovery plans and has issued a public notice inviting comments on the draft recovery plans for the Northern long-nosed potoroo, South-eastern long-eared bat, and Southern brown bandicoot (eastern). The policy objective is to ensure that these plans are robust and informed by public input, thereby enhancing the effectiveness of conservation efforts for these threatened species. The Department's invitation for public comment on these draft recovery plans is an essential step in the legislative process under the Environment Protection and Biodiversity Conservation Act 1999. By seeking public input, the Department aims to incorporate diverse perspectives and expertise into the recovery plans, ensuring they are comprehensive and feasible. The deadline for submissions is 1 December 2025, and interested parties are directed to submit their comments via email or post. This process underscores the commitment of the Australian Government to transparent and collaborative environmental governance, aligning with the overarching goal of preserving and restoring biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, entities, and industries involved in activities that may impact matters of national environmental significance, including threatened species. The Act specifically mandates the creation and implementation of recovery plans for species identified as threatened under the legislation. In this context, the draft National Recovery Plans for the Northern long-nosed potoroo, South-eastern long-eared bat, and Southern brown bandicoot (eastern) are developed to address the decline and facilitate the recovery of these species. The application of the Act is nationwide, covering all territories and jurisdictions within Australia. The Act's provisions may be extended or restricted through subordinate legislation, ensuring flexibility in addressing environmental protection needs. Exclusions or exemptions from the Act's application are not explicitly stated in the notice, but they typically depend on the specific circumstances and the nature of the proposed activities.

Key Provisions

The main operative sections of the notice under Section 275 of the Environment Protection and Biodiversity Conservation Act 1999 (the "Act") pertain to the invitation for public comment on three draft National Recovery Plans (sections 1 to 2). These plans are specifically for the Northern long-nosed potoroo, the South-eastern long-eared bat, and the Southern brown bandicoot (eastern), all of which are recognised as threatened species. The notice mandates that the Department of Climate Change, Energy, the Environment and Water invites the public to provide feedback on these draft plans, which outline the necessary research and management actions to halt the decline and promote the recovery of these species. The public is given a deadline of 1 December 2025 to submit their comments via email or post, as detailed in section 4. The Act imposes obligations on the Department to prepare these draft recovery plans and ensure they are made available for public scrutiny and feedback. Section 3(a) requires the Department to publish the draft plans on their official website, making them easily accessible to the public. Section 3(b) further stipulates that the Department must provide clear instructions on how to submit comments, including an email address and postal address, as outlined in section 4. Additionally, the Department must ensure that any personal information submitted by the public is handled in accordance with their privacy policy, which is referenced in section 5. Breaches of the Act, while not explicitly detailed in the notice, can lead to various civil and criminal consequences. The Act generally provides for enforcement actions, including fines and imprisonment for serious violations. Section 518A of the Act states that an individual found guilty of an offence can face a maximum penalty of up to $210,000 for a corporation, or $21,000 for an individual, or imprisonment for up to three years, or both. For breaches that cause significant harm to the environment or endangered species, the penalties can be even more severe. It is important to note that these penalties are applicable to any actions that contravene the provisions of the Act, including the failure to comply with the requirements of the draft recovery plans or the improper handling of public submissions.