Notice of Call for Public Comment - Draft Revised Threat Abatement Plan for Predation, Habitat Degradation, Competition and Disease Transmission by Feral Pigs (Sus scrofa)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address significant environmental issues that transcend state borders, requiring a coordinated national approach. One of the key objectives of the Act is to protect and conserve biodiversity and ecological communities through the establishment of threat abatement plans. The Act provides a legal framework for addressing threatening processes that impact biodiversity, including those caused by invasive species such as feral pigs. The Department of the Environment has released a draft revised Threat Abatement Plan for the key threatening process of ‘Predation, Habitat Degradation, Competition and Disease Transmission by Feral Pigs’ to gather public comment and refine the approach to mitigating the adverse effects of feral pigs on native species and ecosystems. The public is invited to provide feedback on the draft plan to ensure that the final plan effectively addresses the environmental challenges posed by feral pigs. Submissions can be made by email or post by 24 July 2015.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to a wide array of entities and individuals, encompassing federal and state governments, businesses, and the public, particularly those involved in activities that may impact listed threatened species, ecological communities, or matters of national environmental significance. In this instance, the Act is specifically invoked to address the detrimental effects of feral pigs (Sus scrofa) on native species through predation, habitat degradation, competition, and disease transmission. The Act's jurisdiction extends across the Commonwealth, with its provisions applicable nationwide, ensuring a cohesive approach to environmental conservation and management. Notably, the Act does not specify explicit exclusions or exemptions for the threat abatement plan in question, though its application may be refined or detailed through subordinate instruments, which could further delineate the scope and specifics of the measures required to mitigate the impacts of feral pigs. The public consultation period, ending on 24 July 2015, invites submissions from interested stakeholders to contribute to the refinement of this plan, ensuring it is both comprehensive and effective in protecting native species and ecosystems.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) mandates the creation of threat abatement plans to address specific processes that are detrimental to the environment (sections 465 and 466). In this instance, the draft revised Threat Abatement Plan targets the impacts caused by feral pigs (Sus scrofa), including predation, habitat degradation, competition, and disease transmission. These provisions aim to mitigate the negative effects feral pigs have on native species and ecosystems (section 466(1)(a)). The draft plan outlines research, management strategies, and other actions necessary to address these issues. Stakeholders are encouraged to review the plan and provide feedback during the public comment period, which is a formal requirement under the Act to ensure transparency and inclusivity in the planning process (section 466(4)(a)). The Act imposes certain obligations on the Department of the Environment, including the responsibility to prepare and publish draft threat abatement plans for public scrutiny (section 466(4)(a)). Additionally, the Department must consider all submissions received during the public comment period and incorporate relevant feedback into the final plan where appropriate (section 466(4)(b)). This ensures that the plan is comprehensive and reflects the views of all stakeholders, thereby improving its effectiveness. The Act also mandates the publication of the final plan, ensuring that all actions taken to mitigate the impacts of feral pigs are transparent and accessible to the public (section 466(5)). The Environment Protection and Biodiversity Conservation Act 1999 outlines various offences and penalties for non-compliance with the Act or its regulations. For instance, section 528 provides that any person who contravenes a provision of the Act can be liable to a penalty. In the context of threat abatement plans, failure to comply with the requirements set out in the Act, such as not adequately addressing the impacts of feral pigs, could result in legal consequences. Although specific penalties are not detailed in the draft notice, the Act generally allows for substantial fines and even imprisonment in severe cases, reflecting the importance of protecting Australia's biodiversity. The maximum penalties can vary, but they are designed to ensure that entities and individuals take their obligations under the Act seriously.