Notice of call for Public Comment - Draft varied Threat Abatement Plan for Predation by Feral Cats

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Commonwealth Parliament to address the issue of environmental protection and the conservation of biodiversity. This Act was introduced to fill a gap in national environmental legislation by providing a framework for the protection of the environment, particularly threatened species, ecological communities, and heritage places of national and international significance. The policy objective of the Act is to facilitate the protection and management of matters of national environmental significance, including through the development and implementation of threat abatement plans. Recently, the Department of the Environment has sought public comment on a draft varied Threat Abatement Plan specifically targeting the issue of predation by feral cats, which is recognised as a key threatening process under the Act. This plan aims to outline the necessary research, management and other actions required to mitigate the detrimental impacts of feral cats on native species. Public submissions on the draft plan are invited and should be directed to the specified email address or postal address provided in the notice.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, organisations, and entities within Australia, including those in territories and Commonwealth areas, that are involved in actions likely to have a significant impact on matters of national environmental significance, which in this case includes the control of the key threatening process of ‘Predation by Feral Cats’. This Act facilitates the creation of Threat Abatement Plans to mitigate impacts on biodiversity, with the draft varied Threat Abatement Plan for Predation by Feral Cats specifically targeting actions to manage and reduce the ecological damage caused by feral cats. The public is invited to provide written feedback on the draft plan, which outlines proposed research, management strategies, and other measures to address this environmental issue. Submissions can be made via email or post, and interested parties are encouraged to review the draft plan and instructions for submissions available on the Department of the Environment’s website. The public consultation period is set to close on 8 July 2015, and any further inquiries can be directed to the specified contact details provided in the notice.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) pertinent to the draft varied Threat Abatement Plan for Predation by Feral Cats include Section 382 (3) and (4) which detail the process for developing threat abatement plans. Section 382 (3) requires the Minister to develop a threat abatement plan for a key threatening process listed under Section 181 if it is deemed necessary to prevent the extinction of threatened species or ecological communities. Section 382 (4) mandates that the Minister must provide for public comment on the draft plan, which is the current stage of the process as outlined in the Notice of Call for Public Comment. This public consultation phase is integral to ensuring that all interested parties have the opportunity to contribute to the development of the plan. The obligations and requirements imposed by the Act on the parties involved in this process are quite clear. Firstly, the Department of the Environment, as the responsible authority, must ensure that the draft varied threat abatement plan is made available for public comment, as mandated by Section 382 (4). Interested groups and individuals are required to review the draft plan and submit their written comments within the specified three-month period. The Department must also provide clear instructions on how to submit these comments, which can be done via email or post, as detailed in the Notice of Call for Public Comment. Additionally, the Minister has the responsibility to consider the feedback received and make any necessary revisions to the draft plan before finalising it. The Act also stipulates the potential consequences for non-compliance with the provisions related to threat abatement plans. While the primary focus is on public consultation and collaboration, any failure to properly develop or implement a threat abatement plan as required by Section 382 could lead to legal challenges or actions under the Act. Moreover, the Act itself does not explicitly list offences or penalties for breaches related to the development of threat abatement plans. However, non-compliance with the Act's overarching provisions could result in civil or criminal penalties under other sections of the Act. For instance, actions that harm listed threatened species or communities could attract penalties of up to $666,000 for individuals and $3.3 million for corporations, as stipulated under Section 474 of the Act. This underscores the importance of adhering to the legislative requirements to avoid severe repercussions.