Notice of the Making of the Wildlife Conservation Plan for Migratory Shorebirds

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, was introduced to address the pressing need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation provides a framework for the protection of the environment, including matters of national environmental significance such as migratory species. One of the key policy objectives of the Act is to ensure that the impacts of proposed actions on the environment are properly assessed and managed. In line with this objective, the Act facilitates the creation of wildlife conservation plans for species requiring special attention, such as migratory shorebirds. The Minister for the Environment, exercising powers under Section 285 of the Act, made the Wildlife Conservation Plan for Migratory Shorebirds on 21 December 2015, which came into effect on 15 January 2016. This plan aims to ensure the conservation of these migratory species by providing a coordinated and strategic approach to their protection across various jurisdictions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any person, corporation, or entity engaging in activities that may impact listed threatened species, ecological communities, or their habitats within Australia or its external territories. The Act has a broad jurisdictional reach, encompassing all Commonwealth activities, as well as actions that may have a significant impact on matters of national environmental significance, including migratory shorebirds. The Wildlife Conservation Plan for Migratory Shorebirds, issued under Section 285 of the Act, specifically applies to migratory shorebirds listed under the legislation and seeks to ensure their conservation and recovery through coordinated management strategies. The plan does not exclude any entities but sets out measures and actions that must be undertaken by all relevant stakeholders. The scope of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on the implementation and enforcement of conservation measures.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to the Wildlife Conservation Plan for Migratory Shorebirds are Sections 199, 285, and 384. Section 199(1) allows the Minister for the Environment to make a conservation plan for any species, population, or ecological community that is threatened. Section 285(1) provides for the making of a wildlife conservation plan, while Section 384(2) mandates the Minister to consider the recommendations of the scientific committee, known as the Threatened Species Scientific Committee, when making such a plan. Under Section 285(1), the Minister has the authority to prepare a plan to ensure the survival of migratory shorebirds, which are considered threatened species under the Act. This plan outlines the conservation measures and management strategies necessary to protect and recover these species. The obligations and requirements imposed by the Wildlife Conservation Plan for Migratory Shorebirds include the implementation of specific conservation actions as outlined in the plan. These actions are designed to mitigate the threats to migratory shorebirds, such as habitat loss, climate change, and hunting. The plan requires the involvement of various stakeholders, including state and territory governments, industry, and local communities, to ensure coordinated efforts in protecting and managing the habitats essential for the survival of these birds. Additionally, the plan mandates regular monitoring and reporting on the progress of conservation efforts, ensuring that the measures are effective and adaptive to changing conditions. Compliance with the plan is crucial for the protection of migratory shorebirds, and it includes specific provisions for research, habitat restoration, and public awareness campaigns. Breach of the provisions outlined in the Wildlife Conservation Plan for Migratory Shorebirds can lead to significant civil and criminal consequences. Under Section 388 of the EPBC Act, any person who contravenes a provision of the Act or the regulations can be subject to a civil penalty. The maximum penalty for individuals is $66,600, while the maximum penalty for corporations is $333,300. Additionally, under Section 401, a person who knowingly or recklessly contravenes a provision of the Act may be guilty of an offence and, upon conviction, face a fine of up to $66,600 for individuals or $333,300 for corporations. The enforcement of these penalties is intended to deter non-compliance and ensure that the conservation efforts are effectively implemented to protect migratory shorebirds.