Public Comment Invited on Draft National Recovery Plan - Orange-bellied Parrot, Neophema chrysogaster

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a unified approach to environmental protection and biodiversity conservation, particularly concerning threatened species and ecological communities. This legislation provides a framework for the conservation and protection of Australia's biodiversity by facilitating cooperation between the Commonwealth and the states and territories. In the context of the EPBC Act, the policy objective includes the preservation of threatened species and ecological communities, as well as the promotion of sustainable use of natural resources. The Act empowers the Commonwealth to create recovery plans for species that are at risk, ensuring a coordinated effort to mitigate threats and facilitate the recovery of these species. The draft National Recovery Plan for the Orange-bellied Parrot, Neophema chrysogaster, is an example of this objective in action, aiming to provide a strategic direction for the conservation of this critically endangered bird species. Public comments on the draft plan are being sought to ensure community input and transparency in the finalisation of the recovery strategy.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons, entities, industries, conduct, and transactions that have a potential impact on matters of national environmental significance. In the context of the draft National Recovery Plan for the Orange-bellied Parrot, the Act applies to the Commonwealth and all actions that may affect the survival, recovery, and habitat of this threatened species. This includes the actions of individuals, corporations, and government entities within Australia and its external territories. The geographic reach of the Act is national, covering the Commonwealth, states, territories, and external territories of Australia. The Act extends its application through subordinate instruments such as regulations and codes of practice, which provide further detail on specific matters, including the protection of endangered species and their habitats. There are no explicit exclusions or exemptions stated in the context of this draft recovery plan; however, the Act does allow for certain activities to proceed if they are authorised under the Act or are exempt actions under the relevant regulations. The public is invited to provide comment on the draft plan, which will inform the finalisation of the recovery strategy for this vulnerable species.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a range of provisions designed to protect and conserve biodiversity in Australia. Section 275 of the Act (subsections 275(1) to 275(6)) mandates that the Minister must prepare a recovery plan for a threatened species or ecological community if it is necessary for the survival, recovery or ongoing management of that species or community. This includes setting out the actions needed to recover the species and the timeframes for these actions. In this case, the draft National Recovery Plan for the Orange-bellied Parrot, Neophema chrysogaster, has been made available for public consultation in accordance with these provisions. This plan is aimed at outlining the necessary steps to ensure the survival and recovery of the Orange-bellied Parrot, a species listed as critically endangered. Under the Act, the preparation of a recovery plan involves several obligations for the relevant parties. The Minister must consider any relevant advice from the Threatened Species Scientific Committee and consult with other stakeholders, including state and territory governments, landholders, and Indigenous Australians. The public consultation process, as outlined in Section 275, is an essential component of this process, allowing for input from a wide range of interested parties. The Department of the Environment is required to provide the public with an opportunity to review and comment on the draft plan, and to consider these comments in finalising the plan. Failure to comply with the provisions of the EPBC Act, including the requirements to prepare and implement a recovery plan, can result in significant consequences. Breaches of the Act can lead to both civil and criminal penalties. For example, Section 474 of the Act provides for a maximum penalty of up to $210,000 for individuals and $1,050,000 for corporations for serious or repeated breaches of the Act. Additionally, Section 475 provides for imprisonment of up to two years for individuals and five years for corporations for offences involving actions that seriously or repeatedly contravene the Act. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the Act’s requirements.