Notice of call for public comment - Draft Threat abatement plan for disease in natural ecosystems caused by Phytopthora cinnamomi (2017)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the problem of significant environmental degradation and the loss of biodiversity in Australia, by establishing a framework for the protection of the environment from harmful activities and processes. The policy objective of this legislation is to ensure that the Commonwealth has the capacity to prevent, mitigate and remediate the impacts of activities that may harm the environment. In this context, the Act empowers the government to create Threat Abatement Plans, such as the draft Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi, which aims to address the key threatening process caused by the root-rot fungus Phytophthora cinnamomi. This draft plan seeks to reduce the impacts of Phytophthora dieback on threatened species through research and management actions, and is currently open for public comment. The Commonwealth Parliament enacted the Environment Protection and Biodiversity Conservation Act 1999, with the intent of providing a comprehensive legislative framework for the protection of the environment and biodiversity. In response to the identified problem of the spread of Phytophthora cinnamomi, the Department of the Environment and Energy has developed the draft Threat abatement plan for disease in natural ecosystems caused by this fungus. This draft plan outlines the necessary research, management and other actions to reduce the impacts of Phytophthora dieback on threatened species and ecosystems. Public consultation on the draft plan is being sought to ensure that relevant stakeholders and interested parties have the opportunity to provide input and feedback on the proposed measures to address this environmental threat.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide array of entities and individuals across the Commonwealth of Australia, extending its reach to all forms of conduct and transactions that may impact on matters listed as matters of national environmental significance under the Act. Specifically, the Act applies to actions that may lead to a decline or harm of threatened species and ecological communities, including those affected by the root-rot fungus Phytophthora cinnamomi. The Act is intended to protect Australia's biodiversity and heritage, and to promote the sustainable use of natural resources. The geographic scope of the Act is national, covering all territories and states within Australia, ensuring a unified approach to environmental protection. While the Act generally applies broadly, it does provide for certain exclusions and exemptions, particularly in cases where other legislation or regulations offer sufficient protection, or where the impact is deemed negligible. The Act’s application can be further extended or restricted through the issuance of subordinate instruments such as regulations and guidelines, which provide more detailed operational frameworks and standards. These instruments help in the practical implementation of the overarching objectives of the Act.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) relevant to the draft threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi include sections 18 and 19 (subsections 18(1) and 19(1)). Section 18(1) requires the preparation of threat abatement plans for key threatening processes that are listed under the Act. Section 19(1) mandates that the Minister must, after considering public comment, approve a draft threat abatement plan, or a modified version of it, and then make it publicly available. The Act also includes provisions for the review and updating of these plans under section 21. The obligations imposed by the Act on the parties involved are comprehensive and include the requirement for the Department of the Environment and Energy to prepare and publish a draft threat abatement plan for public comment. Section 18(2) specifies that the draft plan must include information on the research, management, and other actions necessary to mitigate the impact of Phytophthora cinnamomi on threatened species. The Act also mandates that the Department must consider any public submissions received during the comment period before finalising the plan, as per section 19(2). Additionally, once the plan is approved and published, the Department must periodically review and update it to ensure its continued relevance and effectiveness. Failure to comply with the requirements of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal consequences. Under section 510, a person who contravenes a provision of the Act may be subject to a civil penalty. The maximum penalty for an individual is $66,600, while for a body corporate, the penalty can be up to $333,000. Furthermore, under section 511, a person who knowingly or recklessly contravenes a provision of the Act may also be subject to criminal penalties. The maximum penalty for an individual is $5.5 million or imprisonment for five years, or both, while for a body corporate, the maximum penalty can be $27.5 million or both. These penalties underscore the seriousness with which the Act regards the protection of biodiversity and the environment.