Making of the Sawfish and River Sharks Multispecies Recovery Plan

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the pressing issue of protecting Australia's biodiversity and managing environmental impacts, particularly those associated with activities that may have a significant effect on matters of national environmental significance. This Act was introduced by the Commonwealth Parliament to provide a framework for the conservation and sustainable use of Australia's environment, including the protection of endangered species and their habitats. The policy objective is to ensure that Australia's biodiversity is preserved for future generations while allowing for sustainable development. In this context, the Sawfish and River Sharks Multispecies Recovery Plan, made under Section 278 of the Act, was introduced to outline the strategies and actions necessary to improve the conservation status of these critically endangered species, thus contributing to the broader policy objective of the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any actions or projects that may have a significant impact on matters of national environmental significance, including threatened species and their habitats, as outlined in the Act. The Sawfish and River Sharks Multispecies Recovery Plan specifically pertains to the conservation and recovery of sawfish and river sharks, which are identified as threatened species under the Act. This plan applies to individuals, companies, and entities that undertake activities within the Commonwealth of Australia, including the states and territories, and to offshore places and external territories as designated under the Act. The Act provides the Minister with the authority to create and enforce recovery plans for species that are endangered or at risk, as well as to establish guidelines and standards for their protection. The Sawfish and River Sharks Multispecies Recovery Plan does not exempt any specific persons or entities from its provisions, although certain activities may be subject to permits or approvals under other relevant legislation. The scope and application of this recovery plan can be extended or refined through subordinate instruments, such as regulations or guidelines, issued under the authority of the Act.

Key Provisions

The main sections pertinent to the Sawfish and River Sharks Multispecies Recovery Plan are Section 278 of the Environment Protection and Biodiversity Conservation Act 1999. Section 278 requires the Minister for the Environment to prepare a recovery plan for species and ecological communities that are threatened, in this case sawfish and river sharks. The recovery plan was officially made on 27 October 2015 and became effective on 7 November 2015. This statutory instrument outlines the actions necessary for the conservation and recovery of these endangered species. The Act imposes several obligations on the parties and entities it governs, particularly the Minister for the Environment, who is responsible for developing and implementing the recovery plan. The Minister must ensure that the plan includes measures to protect the species' habitats, manage threats such as fishing and habitat destruction, and monitor the population and health of sawfish and river sharks. The Minister must also consult with relevant stakeholders, including state governments, Indigenous communities, and fishing industries, to develop strategies that are feasible and effective. Furthermore, the Minister is required to review and update the plan periodically to reflect new scientific information and changing circumstances. Breach of the obligations and requirements outlined in the Sawfish and River Sharks Multispecies Recovery Plan may lead to civil or criminal consequences under the Act. While specific offences and penalties are not detailed in the notice, the Act generally provides for substantial penalties for non-compliance. For example, under Section 507 of the Act, individuals or entities found guilty of an offence may face fines up to $666,000 or imprisonment for up to five years, or both, for serious breaches. Additionally, Section 511A allows for the imposition of administrative penalties for less severe breaches, with fines of up to $333,000 for individuals and $1.665 million for bodies corporate. The specific penalties for non-compliance with the recovery plan would depend on the nature and severity of the breach, as determined by a court or authorised officer.