Notice of Making of Recovery Plan - Conservation Management Plan for the Southern Right Whale

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to address the need for a comprehensive legal framework for the protection of the environment and biodiversity in Australia. This Act was introduced to fill a critical gap in environmental conservation by providing a unified approach to the protection of threatened species and ecological communities, and to manage activities that may have a significant impact on the environment. One of the key policy objectives of the EPBC Act is to promote the sustainable use, conservation, and recovery of biodiversity and ecosystems. The Act provides the legal basis for the creation of recovery plans, such as the ‘Conservation Management Plan for the Southern Right Whale’ (Eubalaena australis) which was made under Section 278 of the EPBC Act and came into force on 5 February 2013. This recovery plan is intended to guide efforts to recover and manage the species, ensuring its long-term survival and contributing to the overall health of Australia’s marine ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian Commonwealth Act that applies to actions that may significantly impact matters of national environmental significance, including species and ecological communities listed as threatened. This Act applies to individuals, corporations, and public authorities, and it encompasses activities, projects, and actions that fall within its jurisdiction, regardless of location. The EPBC Act has a national reach, affecting entities and individuals across Australia, and its regulations may also extend to actions occurring outside Australia if they impact matters of national environmental significance. The Act includes provisions for the creation of recovery plans for threatened species, as demonstrated by the Conservation Management Plan for the Southern Right Whale (Eubalaena australis), which was made under the authority of Section 278 of the Act and came into force on 5 February 2013. While the Act provides a broad framework for environmental protection, certain activities may be exempt or subject to conditions under subordinate instruments or bilateral agreements, and specific thresholds determine whether an action requires approval under the Act.

Key Provisions

Under Section 278 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a recovery plan has been made for Eubalaena australis, also known as the Southern Right Whale. This plan, formally titled ‘Conservation Management Plan for the Southern Right Whale’, was enacted on 5 February 2013 and is accessible via the Department of Sustainability, Environment, Water, Population and Communities’ website or by contacting their Community Information Unit. This legislative action represents a formal commitment to the conservation and management of this endangered species. The recovery plan outlines specific strategies and actions necessary to improve the conservation status of the Southern Right Whale, which is crucial for its survival and recovery in Australian waters. The obligations imposed by the Act on entities and individuals are multifaceted and demand comprehensive adherence to the provisions outlined in the recovery plan. All stakeholders, including government agencies, industry operators, and the general public, are required to follow the guidelines and directives stipulated in the recovery plan. This includes adherence to specific conservation measures, reporting requirements, and collaborative efforts in monitoring and protecting the Southern Right Whale population. The Act also mandates the coordination of these efforts with relevant international bodies to ensure the plan’s effectiveness on a global scale. Failure to comply with the provisions of the EPBC Act or the recovery plan can result in significant legal consequences. Section 474 of the Act outlines various offences related to the non-compliance with the recovery plan, which can lead to substantial penalties. For instance, individuals and corporations found guilty of contravening the Act may face fines up to a maximum of $1.1 million for corporations and $220,000 for individuals, as well as imprisonment terms. Additionally, civil penalties can be imposed, including compensation for any harm caused to the environment or the affected species. These stringent measures underscore the importance of adhering to the recovery plan and the legal ramifications of failing to do so.