Commonwealth of Australia
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Notice of making of variation to Threat Abatement Plan
The Minister for the Environment has varied the Threat abatement plan for dieback caused by the root-rot fungus Phytophthora cinnamomi (2001) by replacing it with a revised plan entitled Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2014) (the 2014 Plan) to reduce the effect of the following key threatening process:
Dieback caused by the root-rot fungus Phytophthora cinnamomi.
The 2014 Plan came into force on 31 January 2014.
The 2014 Plan is available electronically at:
www.environment.gov.au/biodiversity/threatened/tap-approved.html
If you have any questions or would like to request a copy of the 2014 Plan, please contact the Australian Government Department of the Environment’s Community Information Unit:
By mail: Community Information Unit
Department of the Environment
GPO Box 787
Canberra ACT 2601
By email: ciu@environment.gov.au
By telephone: 1800 803 772
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive protection of the environment and biodiversity across Australia, particularly in relation to threats that have a national or international significance. This Act provides a framework for the protection of matters of national environmental significance, including the formulation of threat abatement plans for key threatening processes. One such process is dieback caused by the root-rot fungus Phytophthora cinnamomi, which poses a significant threat to Australia’s biodiversity. To effectively combat this threat, the Minister for the Environment has introduced the revised Threat Abatement Plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2014). The policy objective of the 2014 Plan is to reduce the impact of the dieback disease on Australia’s natural ecosystems and to provide a more updated and strategic approach to managing this key threatening process. The 2014 Plan replaces the original Threat abatement plan for dieback caused by the root-rot fungus Phytophthora cinnamomi (2001), which came into force on 31 January 2014, and is available electronically via the Department of the Environment’s website.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to a wide range of activities, entities and individuals that have the potential to impact on matters of national environmental significance, including those activities that contribute to key threatening processes such as the dieback caused by the root-rot fungus Phytophthora cinnamomi. The Act applies throughout the Commonwealth of Australia and aims to protect and manage the environment, heritage, and biodiversity. The 2014 Threat Abatement Plan, which replaced the earlier plan from 2001, is designed to address the impact of Phytophthora cinnamomi on natural ecosystems. The Plan came into force on 31 January 2014 and is available electronically on the Department of the Environment's website, with hard copies and further information available upon request. The Act may also extend or restrict its application through subordinate instruments, allowing for the detailed regulation of specific activities or industries.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth), in its recent variation, replaces the existing Threat Abatement Plan for dieback caused by the root-rot fungus Phytophthora cinnamomi (2001) with a new, revised plan, the Threat Abatement Plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2014) (section 413(1)). This updated plan, referred to as the 2014 Plan, was introduced to more effectively combat the impact of dieback caused by this fungus. The 2014 Plan came into force on 31 January 2014, marking a significant shift in the approach to managing this key threatening process.
Under the new 2014 Plan, the Act imposes several obligations on parties and entities, including the requirement for all relevant stakeholders to adhere to the new guidelines and strategies outlined in the Plan. These obligations are intended to ensure that all actions taken are consistent with the objectives of the Plan, which is to reduce the effect of the dieback caused by Phytophthora cinnamomi. This includes implementing measures to prevent the spread of the disease, promoting the recovery of affected ecosystems, and enhancing monitoring and reporting mechanisms to track progress effectively.
Failure to comply with the provisions of the 2014 Plan may result in significant legal consequences. Under the Act, breaches of the Threat Abatement Plan can lead to both civil and criminal penalties. Civil penalties may include fines, with the maximum penalty varying depending on the nature and severity of the breach. For example, for a body corporate, the maximum penalty for a single contravention can reach up to $666,000 (section 505). Additionally, criminal penalties may also be imposed, with the maximum penalty for individuals being a fine of up to $166,500 or imprisonment for up to five years, or both (section 506). These stringent measures underscore the importance of adhering to the provisions of the 2014 Plan to protect Australia's natural ecosystems from the detrimental effects of Phytophthora cinnamomi.