Notice of Making of the National Recovery Plan for Black-breasted Button-quail 2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. It was introduced to address the need for comprehensive and coordinated efforts in managing and conserving biodiversity, ecosystems, and heritage sites of national importance. This Act empowers the federal government to intervene in environmental matters that cross state boundaries or involve threatened species and ecological communities. The policy objective of the Act is to ensure the protection and sustainable use of Australia’s natural resources, fostering a balance between economic development and environmental stewardship. The Minister for the Environment and Water, Tanya Plibersek, has issued a notice under Section 278, jointly with the Queensland government, to establish the National Recovery Plan for the Black-breasted Button-quail, aiming to safeguard this threatened species and its habitat through collaborative conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any person or entity engaging in activities that have, or are likely to have, a significant impact on matters of national environmental significance. This includes the protection of species and ecological communities, such as the Black-breasted Button-quail (Turnix melanogaster). The Act has a national reach across the Commonwealth of Australia, extending its jurisdiction to all territories and states. The National Recovery Plan for Black-breasted Button-quail, jointly created by the Minister for the Environment and Water and the Queensland government, commenced on 27 June 2023 and is applicable to all actions and plans aimed at the conservation and recovery of this species. The recovery plan is available on the Department of Climate Change, Energy, the Environment, and Water website and can be accessed through various contact points provided by the department. The Act’s application can be extended or restricted through subordinate instruments, ensuring flexibility in its implementation and enforcement.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999, as evidenced by the Notice under Section 278, pertain to the making of a recovery plan for the Black-breasted Button-quail, an endangered species. Section 269A of the Act allows for the creation of such recovery plans, which are vital for guiding the conservation and management of threatened species. The National Recovery Plan for Black-breasted Button-quail (Turnix melanogaster), which commenced on 27 June 2023, outlines specific strategies and measures to enhance the survival and recovery of this species. The Act imposes various obligations and requirements on parties and entities it governs. For instance, Section 278 of the Act mandates that recovery plans be made for listed threatened species, species groups, or communities. The obligations under this section include ensuring that the recovery plan is comprehensive, scientifically sound, and includes measures to address the threats to the species. Furthermore, the plan must be made jointly with relevant state or territory governments, as highlighted in the notice. This collaboration is essential to harmonise conservation efforts across different jurisdictions. In terms of offences, penalties, or civil/criminal consequences for breach, the Act provides a framework for enforcement. While the specific penalties for non-compliance with the recovery plan are not detailed in the notice, the Act generally allows for enforcement actions against those who fail to comply with its provisions. This may include fines and, in severe cases, criminal charges. The penalties can vary widely depending on the nature and severity of the breach, but the Act is designed to ensure that conservation efforts are robustly upheld to protect endangered species like the Black-breasted Button-quail. The overarching aim is to deter non-compliance through potential legal and financial repercussions.