Notice of Invitation for Public Comment Draft Threat Abatement Plan for Ecosystem Degradation, Habitat Loss and Species Decline Due to Invasion of Northern Australia by Introduced Gamba Grass, Para Grass, Olive Hymenachne, Mission Grass and Annual Mission Grass

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment, particularly by managing the impact of activities that can lead to biodiversity loss and ecosystem degradation. This Act aims to address the problem of invasive species that threaten native species and ecological communities by enabling the development and implementation of threat abatement plans. The Department of Climate Change, Energy, the Environment and Water has drafted a threat abatement plan for the ecosystem degradation, habitat loss, and species decline caused by the invasion of northern Australia by several invasive grasses, including gamba grass, para grass, olive hymenachne, mission grass, and annual mission grass. This draft seeks to define management, research, and other actions to mitigate the adverse impacts of these invasive species, aligning with the policy objective of protecting Australia's biodiversity. Public comment on the draft plan is invited to ensure the plan is comprehensive and effective, with the comment period closing on 13 June 2025.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as part of its mandate to protect and manage the nation's biodiversity, is the legislative framework within which the draft threat abatement plan for ecosystem degradation, habitat loss, and species decline due to the invasion of northern Australia by introduced gamba grass, para grass, olive hymenachne, mission grass, and annual mission grass has been developed. This draft plan applies to all individuals and organisations with an interest in biodiversity conservation and the management of invasive species, particularly those in northern Australia where the invasive grasses are prevalent. The plan outlines strategies and actions aimed at mitigating the detrimental effects of these invasive species on native flora and fauna, as well as the broader ecosystems. The scope of the Act encompasses the management of key threatening processes that affect biodiversity, including the implementation of threat abatement plans. The Act’s jurisdiction extends nationally, ensuring a unified approach to the management of these invasive species across state and territory boundaries. The public is invited to provide feedback on the draft plan, and the comment period is open until 13 June 2025, with preference for electronic submissions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") sets out various provisions aimed at protecting biodiversity and managing threats to ecological communities. Section 319 (2) of the Act mandates the development of threat abatement plans for key threatening processes, such as the invasion of northern Australia by introduced grasses like gamba grass, para grass, olive hymenachne, mission grass, and annual mission grass. This draft threat abatement plan is intended to address the ecosystem degradation, habitat loss, and species decline caused by these invasive species. It outlines strategies for managing and mitigating their impacts on native species and ecological communities. Under the Act, the Department of Climate Change, Energy, the Environment and Water is required to engage the public in the development of such plans. This requirement is outlined in Section 320 of the Act, which mandates public consultation on draft threat abatement plans. The draft plan currently open for public comment seeks to gather feedback from interested individuals and organisations on the proposed management, research, and other actions outlined in the document. This process ensures that the plan incorporates a broad range of perspectives and expertise. Failure to comply with the requirements of the Act or to adhere to the provisions of a threat abatement plan can result in various consequences. Section 509 of the Act outlines potential criminal penalties for breaches, including fines and imprisonment. For example, unauthorised actions that may harm threatened species or communities can lead to fines of up to $222,200 for individuals and $1,111,100 for corporations, as well as imprisonment for up to two years. Additionally, Section 511A of the Act provides for civil penalty provisions, which can impose fines of up to $1,111,100 for serious or repeated breaches. These penalties underscore the importance of compliance with the Act and the draft threat abatement plan. The Act also provides for the enforcement of its provisions through the courts. Section 528 of the Act empowers authorised officers to take enforcement action against individuals or entities that breach the Act or the terms of a threat abatement plan. This can include the issuance of infringement notices, which carry fines of up to $66,660 for individuals and $333,300 for corporations, or the initiation of legal proceedings in the Federal Court. The courts have the authority to impose penalties and order remedial actions to address breaches of the Act and its associated plans. In summary, the draft threat abatement plan under the Environment Protection and Biodiversity Conservation Act 1999 aims to address the ecological impacts of invasive grasses in northern Australia. The Act requires public consultation on such plans and imposes significant penalties for non-compliance. These measures are designed to protect biodiversity and ensure the sustainable management of threatened species and ecological communities.