Invitation for public comment on two draft recovery plans – Gang-gang cockatoo and South-eastern red-tailed black cockatoo

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 in relation to matters of national environmental significance. This legislation was introduced to address the growing need for a comprehensive framework to manage and conserve Australia's biodiversity, ecosystems, and heritage. The Act establishes mechanisms for the assessment of activities that may impact the environment and provides for the creation of recovery plans for threatened species, among other provisions. The policy objective of the Act is to ensure the protection of the environment through a coordinated approach involving federal, state, and territory governments. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act and has issued a notice inviting public comment on draft recovery plans for the Gang-gang cockatoo and the South-eastern red-tailed black cockatoo, aiming to halt the decline and facilitate the recovery of these threatened species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any actions that may significantly impact listed threatened species, including the Gang-gang cockatoo and the South-eastern red-tailed black cockatoo, as well as their critical habitats. This Act imposes obligations on individuals, entities, and industries whose activities may affect these species and their environments. It extends its jurisdiction across the Commonwealth of Australia, including all states and territories, ensuring a cohesive national approach to environmental protection and biodiversity conservation. The Act does not explicitly state any exclusions or exemptions, but it does allow for the Minister to issue exemptions under specific conditions. The implementation and enforcement of the Act are facilitated through subordinate legislation and regulations, which can further define the scope and application of the Act. Public consultation, as exemplified by the current draft recovery plans, is an integral part of the legislative process, enabling stakeholders to contribute to the development of effective conservation strategies.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to the draft recovery plans for the Gang-gang cockatoo and the South-eastern red-tailed black cockatoo include Section 275, which invites public comment on draft recovery plans for listed threatened species. This section enables the Department of Climate Change, Energy, the Environment and Water to gather input from the public, stakeholders, and experts on the proposed actions to halt the decline and support the recovery of these species. The recovery plans, once finalised, will outline specific strategies and actions required to achieve the conservation goals for each species. The Act imposes several obligations and requirements on the parties or entities it governs. For instance, the Department must prepare and publish draft recovery plans for public consultation, as mandated by Section 275. The public, including individuals, organisations, and experts, are encouraged to provide feedback on these drafts within the specified timeframe. Additionally, the Department is obligated to consider the comments received and respond appropriately in the final recovery plans. The recovery plans themselves must detail the actions necessary to address the threats to the species, improve their conservation status, and set measurable objectives to monitor progress. Failure to comply with the provisions of the EPBC Act or the terms of the recovery plans can result in various civil and criminal consequences. Under Section 265 of the Act, a person who contravenes a requirement or prohibition can be subject to a civil penalty of up to $666,000 for corporations and $133,000 for individuals. In cases of serious or repeated breaches, criminal penalties may also apply, with maximum fines of $6.6 million for corporations and $1.33 million for individuals, alongside potential imprisonment terms. These penalties underscore the importance of adhering to the recovery plans and the conservation measures outlined within them.