Invitation for public comment on three draft National Recovery Plans

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth), enacted to safeguard Australia's environment and biodiversity, has been instrumental in addressing ecological degradation and loss of biodiversity. The Act provides a framework for the protection of the environment, particularly focusing on threatened species and ecological communities. The Department of Climate Change, Energy, the Environment and Water has issued a notice under Section 275 inviting public comment on three draft National Recovery Plans for the Australian lungfish (Neoceratodus forsteri), the golden sun moth (Synemon plana), and the sandhill dunnart (Sminthopsis psammophila). These draft plans are designed to outline the necessary research and management actions required to halt the decline and facilitate the recovery of these threatened species. The policy objective behind these plans is to ensure that all stakeholders, including the public, have the opportunity to contribute to the conservation efforts for these species, thereby fostering a collaborative approach to environmental protection and biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and activities across Australia, particularly those that may impact on matters of national environmental significance. This Act provides the legislative framework for the protection of threatened species and ecological communities, and the proposed National Recovery Plans for the Australian lungfish, golden sun moth, and sandhill dunnart fall under its jurisdiction. The Act applies to all individuals, businesses, and government agencies involved in actions that may affect these threatened species, and it extends to all states and territories within the Commonwealth of Australia. The proposed recovery plans detail specific actions to be taken to halt the decline and support the recovery of these species, reflecting the national scope of the Act. Exclusions and exemptions are typically outlined in subordinate instruments or specific sections of the Act, and these should be consulted for detailed application. Public comment on the draft recovery plans is an integral part of the legislative process, allowing stakeholders to contribute to the management and conservation of these threatened species. Submissions should be directed to the Department of Climate Change, Energy, the Environment and Water by 2 October 2025.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for the protection of the environment, particularly endangered species and ecological communities. Section 275 of the Act allows for the development of National Recovery Plans for species that are listed as threatened under the EPBC Act. The Australian Government Department of Climate Change, Energy, the Environment and Water is currently seeking public comment on three draft National Recovery Plans for the Australian lungfish (Neoceratodus forsteri), the Golden sun moth (Synemon plana), and the Sandhill dunnart (Sminthopsis psammophila). These draft plans outline the necessary research and management actions required to halt the decline and support the recovery of these threatened species. The draft Recovery Plans (sections 275(1) and 275(2)) require the identification of specific actions to be taken for the conservation of these species. This includes habitat protection, management of threats, research initiatives, and strategies for monitoring and reporting on the species' status. The plans also need to outline the roles and responsibilities of various stakeholders, including government agencies, local communities, and other interested parties. By making these plans, the government aims to ensure that all necessary measures are in place to protect these species and their habitats. The obligations and requirements imposed by the EPBC Act on parties involved in the development and implementation of the National Recovery Plans are significant. The Department of Climate Change, Energy, the Environment and Water must ensure that the plans are based on the best available scientific information and that they are developed in consultation with relevant stakeholders, including Indigenous communities and landowners. The Act requires that the plans be made publicly available to encourage community input and transparency. Additionally, the plans must be reviewed and updated regularly to reflect new information or changes in the species' status. Failure to comply with the provisions of the EPBC Act can result in various offences and penalties. For instance, actions that threaten a listed threatened species or its habitat can be considered an offence under the Act (section 179). Penalties for these offences can be substantial, with maximum fines of up to $1.1 million for individuals and up to $5.5 million for corporations (section 536). In addition to criminal penalties, there can be civil consequences for breaches, including court-ordered compensation for damage caused to the environment or species. The seriousness of the penalties reflects the importance of the Act in protecting Australia's biodiversity and endangered species.