Notice of making of the Recovery Plan for the White Shark(Carcharodon carcharias) 2013

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, especially matters of national environmental significance, through the regulation of actions that may impact upon them. The 2013 Gazetted notice under Section 278 of this Act revokes the 2002 White Shark (Carcharodon carcharias) Recovery Plan and introduces a new Recovery Plan for the White Shark (Carcharodon carcharias) 2013, reflecting updated scientific knowledge and conservation strategies. This new recovery plan was adopted by the Minister for the Environment, Heritage and Water and aims to ensure the ongoing conservation of the species in accordance with the policy objectives of the Act. The revised recovery plan is accessible via the Department of Sustainability, Environment, Water, Population and Communities website, facilitating public access to updated conservation strategies and regulatory measures.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of the environment and the conservation of biodiversity, including the recovery of threatened species. Specifically, the Act applies to the creation and adoption of recovery plans for species listed as threatened under the Act. In this instance, the Act facilitates the development and implementation of a new recovery plan for the white shark (Carcharodon carcharias). The Act applies to the Commonwealth, thereby extending its jurisdictional reach across all territories and states in Australia. The new recovery plan, which revokes the previous 2002 plan, is applicable nationally and aims to ensure the conservation and recovery of the white shark. There are no specific exclusions or exemptions mentioned in the text, though the Act may allow for certain exceptions through subordinate instruments, which would detail particular conditions or allowances for certain activities that might otherwise be restricted. The new recovery plan is available for review and reference on the Department's website, ensuring transparency and accessibility for stakeholders involved in the conservation efforts.

Key Provisions

Section 278 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows the Minister to make recovery plans for threatened species. The operative sections of the EPBC Act involved in this notice (Section 278) require the Minister to make a recovery plan for a threatened species when certain criteria are met. In this instance, the Minister has made a new recovery plan for the White Shark (Carcharodon carcharias) following the revocation of the 2002 Recovery Plan. This new plan, the Recovery Plan for the White Shark (Carcharodon carcharias) 2013, was adopted by the Minister on 18 July 2013 and became effective on 6 August 2013. The new recovery plan is intended to address the conservation status and threats faced by the White Shark, aiming to secure its survival and promote recovery efforts. The obligations and requirements imposed by the EPBC Act on parties and entities governed by this legislation include adherence to the provisions outlined in the new recovery plan. This involves implementing measures to protect and conserve the White Shark, including habitat protection, threat mitigation, and monitoring of population trends. The recovery plan specifies actions that must be taken by various stakeholders, such as government agencies, researchers, and the public, to support the recovery of the species. These stakeholders are expected to collaborate in the implementation of the plan, ensuring that conservation efforts are comprehensive and effective. The Act also mandates the periodic review of the recovery plan to ensure it remains relevant and effective in achieving its conservation objectives. In terms of the consequences for breach of the provisions of the EPBC Act, there are both civil and criminal penalties for non-compliance. Under Section 474 of the Act, a person who contravenes certain provisions can be subject to fines and imprisonment. For example, actions that result in the destruction of a listed threatened species or its habitat can incur fines of up to $66,600 for individuals and $333,000 for corporations, along with potential imprisonment for up to five years. Additionally, Section 475 outlines the conditions under which a person may be liable to pay compensation for loss or damage caused by their actions that breach the Act. The specific penalties depend on the nature and severity of the breach, but they serve to deter non-compliance and promote adherence to the conservation measures outlined in the recovery plan.