Joint Making of the Recovery Plan for Marine Turtles in Australia

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the problem of biodiversity loss and the decline of threatened species and ecological communities in Australia. This Act provides a framework for the protection of the environment, including the development of recovery plans for species at risk. Pursuant to Section 278 of the Act, a joint Recovery Plan for Marine Turtles in Australia was developed and made by the New South Wales Minister for the Environment, Local Government and Heritage, the Queensland Minister for Environment and Heritage Protection and National Parks, and the Commonwealth Minister for the Environment and Energy on 25 May 2017, with the plan coming into force on 3 June 2017. The policy objective of the recovery plan is to improve the conservation status of marine turtles in Australia by providing a coordinated and strategic approach to their recovery and management.

Scope and Application

The Recovery Plan for Marine Turtles in Australia, jointly made under Section 278 of the Environment Protection and Biodiversity Conservation Act 1999, applies to all persons, entities, and industries involved in activities that may impact marine turtles within Australian jurisdiction, including Commonwealth waters, state waters, and territories. This legislation is intended to protect and facilitate the recovery of marine turtle populations across the nation. The plan outlines specific actions, responsibilities, and measures to be undertaken by relevant stakeholders to ensure the conservation and recovery of marine turtles, and its geographic reach encompasses the entire Australian jurisdiction. While the Act itself provides the overarching framework, its application and enforcement may be extended or restricted through subordinate instruments, such as regulations or guidelines, that may specify detailed operational procedures and compliance requirements. Exclusions or exemptions from the application of the recovery plan are not explicitly detailed in the notice but are likely to be addressed in the plan itself, which is accessible on the Department of the Environment and Energy's website.

Key Provisions

The primary operative sections of the Recovery Plan for Marine Turtles in Australia, established under Section 278 of the Environment Protection and Biodiversity Conservation Act 1999, focus on the collaborative efforts of various state and federal ministers to outline a comprehensive recovery strategy for marine turtles in Australian waters. This recovery plan was jointly made by the New South Wales Minister for the Environment, Minister for Local Government and Minister for Heritage, the Queensland Minister for Environment and Heritage Protection, Minister for National Parks and the Great Barrier Reef, and the Commonwealth Minister for the Environment and Energy. The plan came into force on 3 June 2017 and is available for reference on the Department of the Environment and Energy’s website. The Act imposes several obligations and requirements on the parties involved in the implementation of the recovery plan. Firstly, it mandates a coordinated approach among the participating ministers to ensure that the plan addresses all critical aspects of marine turtle conservation, including habitat protection, population monitoring, and community engagement. Each participating minister is required to contribute resources and expertise to meet the objectives outlined in the recovery plan. Furthermore, the Act requires regular reporting on the progress of the plan’s implementation, ensuring transparency and accountability in the conservation efforts. The Act also stipulates that breaches of the recovery plan’s provisions may lead to various civil and criminal consequences. While specific penalties are not detailed in the notice, the general provisions of the Environment Protection and Biodiversity Conservation Act 1999 suggest that non-compliance could result in substantial fines. The Act empowers authorised officers to take enforcement actions against entities or individuals who fail to adhere to the recovery plan, which may include penalties for unlawful activities impacting marine turtles or their habitats. The seriousness of these consequences underscores the importance of adhering to the recovery plan to protect marine turtle populations in Australia.