Notice of Joint Making of the National Recovery Plan for albatrosses and petrels (2022)

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 with regard to matters of national environmental significance. This Act aims to safeguard the environment and biodiversity through various measures, including the establishment of recovery plans for threatened species. In 2022, the Commonwealth Minister for the Environment and Water, in collaboration with the States of Victoria, Queensland, Western Australia, and Tasmania, jointly developed the National Recovery Plan for Albatrosses and Petrels. This plan was made under Section 278 of the Act and came into force on 1 October 2022, addressing the problem of declining populations of these species and aiming to enhance their conservation status. The recovery plan is available for public access on the Department of Climate Change, Energy, the Environment and Water’s website.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and individuals who are involved in activities that may impact matters of national environmental significance, including threatened species and ecological communities. Specifically, the Act applies to the Commonwealth Government, entities undertaking actions that have, or are likely to have, a significant impact on matters of national environmental significance, and to any person or entity required to comply with the Act through subordinate legislation, regulations, or guidelines. The Act has a national jurisdictional reach, applying to the entire Commonwealth of Australia, including its territorial waters and the Australian Exclusive Economic Zone. The Act extends its application through subordinate instruments, including regulations and determinations, which further define the scope and detail of compliance requirements. This particular notice under Section 278 of the Act pertains to the collaborative effort with the States of Victoria, Queensland, Western Australia, and Tasmania in creating the National Recovery Plan for albatrosses and petrels, which outlines measures to protect and recover threatened albatross and petrel species across these jurisdictions.

Key Provisions

The key operative sections of this notice, particularly Section 278 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), permit the Commonwealth Minister for the Environment and Water to make a recovery plan for species and ecological communities that are deemed to be threatened. In this case, the plan is specifically for albatrosses and petrels, which are listed as threatened species under the EPBC Act. This section authorises the creation of a recovery plan that outlines the necessary actions to improve the conservation status of these species. The notice specifies that this recovery plan has been jointly made with the States of Victoria, Queensland, Western Australia, and Tasmania, and it came into effect on 1 October 2022. The Act imposes several obligations and requirements on the parties involved in the making and implementation of the recovery plan. Firstly, the Commonwealth Minister for the Environment and Water, in collaboration with the relevant state governments, is responsible for the development and implementation of the recovery plan. The Minister must consult with relevant stakeholders, including industry groups, conservation organisations, and the public, to ensure that the plan is comprehensive and considers all relevant factors. Furthermore, the plan must include specific objectives, actions, and timelines for achieving the conservation goals for albatrosses and petrels. Additionally, the plan must be reviewed periodically to assess its effectiveness and make any necessary adjustments. There are potential civil and criminal consequences for breaches of the EPBC Act and the provisions of the recovery plan. Under the Act, individuals or entities that take actions that are likely to have a significant impact on a listed threatened species or ecological community without the appropriate approval can be liable for civil penalties. The maximum penalty for individuals is $315,000 or six months imprisonment, or both. For bodies corporate, the maximum penalty is $1.575 million or six months imprisonment, or both. In addition, there may be other relevant environmental offences that could result in criminal charges and penalties if the actions taken are found to have caused harm to the species or their habitats. It is important for all parties involved in activities that may impact albatrosses and petrels to ensure compliance with the recovery plan and the EPBC Act to avoid these potential consequences.