Notice of call for Public Comment - Draft Threat abatement plan for the impacts of marine debris on vertebrate marine species (2017)

Overview

The Commonwealth of Australia introduced the Environment Protection and Biodiversity Conservation Act 1999 to address the pressing environmental issues that require national attention, including the impacts of harmful marine debris on vertebrate marine species. This Act empowers the federal government to take necessary measures to protect and conserve Australia's biodiversity and environment. The Department of the Environment, under the authority of this Act, has published a draft Threat abatement plan for the impacts of marine debris on vertebrate marine species, seeking public comment to refine and enhance the plan's effectiveness. The draft plan focuses on mitigating the key threatening process identified by the Act, which involves the injury and fatality of marine life caused by ingestion of, or entanglement in, harmful marine debris. The objective is to outline comprehensive research, management, and other actions that aim to reduce the detrimental effects of marine debris on native marine species, fostering a healthier marine ecosystem. The three-month public consultation period ending on 13 April 2017 encourages interested parties to contribute their insights and expertise to this crucial environmental initiative.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, entities, industries, and conduct or transactions that have potential impacts on matters of national environmental significance, including migratory species, the world heritage properties, and listed threatened species and ecological communities. In the context of the draft Threat abatement plan for the impacts of marine debris on vertebrate marine species, the Act targets those activities that contribute to the key threatening process of 'Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris'. The Act operates on a national scale, regulating activities across the Commonwealth of Australia, and it includes provisions that allow for the extension or restriction of its application through subordinate instruments such as regulations or guidelines. The public is invited to provide comments on the draft plan, which outlines strategies and actions to mitigate the environmental harm caused by marine debris. Notably, the draft plan is open for public comment for a specified period, providing an opportunity for stakeholders to contribute to the development of this environmental protection measure.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act) relevant to the draft Threat abatement plan for the impacts of marine debris on vertebrate marine species include Section 18 (which outlines the key threatening processes), Section 183 (which defines the process for developing threat abatement plans), and Section 474 (which sets out the requirements for public consultation on draft plans). Section 18 identifies 'Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris' as a key threatening process. Section 183 requires the development of threat abatement plans for listed key threatening processes, while Section 474 mandates public consultation on these plans. The draft plan, currently open for public comment, details the research and management actions intended to mitigate these impacts. The Act imposes several obligations on the parties and entities it governs. The Department of the Environment is required to develop and publish draft threat abatement plans for listed key threatening processes, as stipulated in Section 183. Furthermore, Section 474 mandates the Department to seek public comment on these drafts, ensuring transparency and inclusivity in the planning process. Additionally, entities impacted by marine debris, such as shipping companies, fishing industries, and waste management operators, may be required to implement measures outlined in the final threat abatement plan to minimise their contributions to marine debris. The EPBC Act provides for various offences and penalties for non-compliance with its provisions. Under Section 517, individuals or entities found to have contravened the Act may be subject to civil penalties, including fines up to the greater of $666,000 or three times the benefit obtained from the contravention. Criminal penalties may also apply, with fines of up to $666,000 and/or imprisonment for up to five years for corporations, as outlined in Section 528. Furthermore, individuals responsible for managing entities that breach the Act may face personal liability, as per Section 530. These stringent penalties underscore the seriousness with which the Act treats non-compliance and its commitment to protecting Australia's biodiversity.