Notice of Adoption of Recovery Plan - 21 October 2014

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the conservation of biodiversity and ecological communities. The Act was introduced to address the gap in comprehensive environmental protection and biodiversity conservation legislation at the national level, aiming to ensure the protection and sustainable management of Australia's unique ecosystems and species. The EPBC Act is administered by the Commonwealth Government, with the Minister for the Environment being the key decision-maker in matters concerning threatened species and ecological communities. The policy objective of the Act is to integrate environmental considerations into decision-making processes, thereby promoting the conservation of biodiversity and the sustainable use of natural resources. On 21 October 2014, the Assistant Secretary of the Department of the Environment, acting as a delegate for the Minister, adopted the South Coast Threatened Birds Recovery Plan under section 269A of the EPBC Act. This recovery plan pertains to four specific threatened bird species: the western ground parrot, western bristlebird, noisy scrub-bird, and western whipbird (western heath). The adoption of this recovery plan underscores the commitment of the Australian Government to actively manage and protect these endangered species through coordinated and scientifically informed conservation strategies.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities, including individuals, corporations, and government bodies, with a focus on actions that may impact matters of national environmental significance. This includes species and ecological communities listed as threatened, such as the western ground parrot, western bristlebird, noisy scrub-bird, and western whipbird, which are the subjects of the newly adopted South Coast Threatened Birds Recovery Plan. The Act's jurisdiction extends across the Commonwealth of Australia, making it a national legislation with overarching authority. This recovery plan, adopted by the Assistant Secretary as a delegate for the Minister for the Environment, specifically targets the conservation and recovery of the listed threatened species within the scope of the Act. The plan came into effect on 21 October 2014, and while it applies nationally, its primary focus is on the conservation efforts within the regions inhabited by the specified species. Exclusions, exemptions, or specific thresholds are not detailed in the notice, but the Act may provide for these through subordinate legislation, which could further refine the application of the recovery plan.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this notice are section 269A and section 269B. Section 269A allows the Minister to adopt a recovery plan for a listed threatened species, while section 269B outlines the contents that a recovery plan must include. In this case, the Assistant Secretary, as delegate for the Minister, has adopted the South Coast Threatened Birds Recovery Plan for four specific species: Pezoporus flaviventris (western ground parrot), Dasyornis longirostris (western bristlebird), Atrichornis clamosus (noisy scrub-bird), and Psophodes nigrogularis nigrogularis (western whipbird [western heath]). This adoption under section 269A signifies the formal acceptance of the plan, which came into force on 21 October 2014. The Act imposes several obligations on the parties and entities it governs. Firstly, the Commonwealth, states, and territories must collaborate in the protection and management of threatened species and their habitats. Secondly, the Minister must ensure that recovery plans are developed and adopted for listed threatened species. These plans must detail the actions required for the species' conservation and recovery, as stipulated in section 269B of the Act. Additionally, the Department of the Environment is responsible for making the recovery plan publicly available, which it has done by providing access through its website and other communication channels. Failure to comply with the provisions of the EPBC Act can lead to various offences and penalties. For instance, knowingly or recklessly contravening a direction in a recovery plan can result in significant fines and, in some cases, imprisonment. The maximum penalties for these offences are specified in section 528 of the Act, which includes substantial fines for corporations (up to $210,000 for individuals and $1,050,000 for corporations) and imprisonment for individuals (up to two years). Furthermore, the Act provides for both civil and criminal penalties for breaches, reflecting the seriousness of the conservation efforts outlined in the recovery plans. The penalties serve as a deterrent to ensure compliance with the Act's provisions aimed at protecting and recovering threatened species.