Public Comment Invited on Draft National Recovery Plan - Greater Bilby (Macrotis lagotis)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to provide a framework for the protection of the environment, particularly biodiversity, and to address the problem of threatened species and ecological communities. The Act was introduced to fill a critical gap in environmental protection by providing a national approach to the conservation and management of the environment, including threatened species such as the Greater Bilby. The policy objective of the Act is to ensure the protection of the environment, including biodiversity, through the implementation of measures that address the causes of biodiversity loss and promote sustainable use of natural resources. The Department of the Environment and Energy is responsible for inviting public comment on the draft recovery plan for the Greater Bilby, which aims to outline the necessary research and management actions to halt the decline and support the recovery of the species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and activities that may impact upon matters of national environmental significance. This includes actions by Commonwealth and non-Commonwealth entities, individuals, and companies. The Act’s jurisdiction extends to all territories and waters of Australia, including external territories, and it also applies to activities outside Australia that may impact upon matters of national environmental significance. The Act provides for the protection of threatened species and ecological communities, including the development of recovery plans for endangered species such as the Greater Bilby (Macrotis lagotis). The draft recovery plan currently under review is an example of the Act's application in action, aiming to outline necessary actions to halt the decline and support the recovery of the Greater Bilby population. While the Act generally applies broadly, certain exclusions and exemptions may apply under specific circumstances as defined in the Act or through subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") is a pivotal piece of legislation in Australia, focusing on the protection and conservation of the environment and biodiversity. The Act, in its various sections, provides a comprehensive framework for the management of the environment, including provisions for threatened species and ecological communities. Section 13 (1) of the Act allows for the development of recovery plans for species identified as threatened or vulnerable. These recovery plans outline the necessary actions to prevent the decline of these species and to support their recovery. The Act imposes specific obligations on parties and entities to ensure the protection and conservation of biodiversity. Under Section 13 (2), the Minister is responsible for approving or rejecting a recovery plan submitted by a person, and under Section 13 (3), the Minister must approve a recovery plan if they are satisfied that it will effectively protect the species. Additionally, Section 18 (1) mandates that any person who carries out an action that is likely to have a significant impact on a matter of national environmental significance must obtain approval from the Minister. The Act also includes provisions for public consultation, as seen in the draft recovery plan for the Greater Bilby, which is open for public comment to ensure community involvement in the conservation efforts. There are significant consequences for breaching the provisions of the Act. Under Section 64 (1), a person who contravenes the Act may be liable for a civil penalty, which can be substantial, reflecting the seriousness of the environmental harm caused. In more severe cases, Section 65 (1) outlines that a person who intentionally, recklessly, or negligently commits an offence against the Act may face criminal penalties. The maximum penalties can include fines of up to $1.1 million for corporations and $220,000 for individuals, as well as imprisonment terms of up to five years for individuals and seven years for corporations. These penalties underscore the importance of compliance with the Act and the severe repercussions of non-compliance.