Public Comment Invited on Macadamia Species Recovery Plan 2019-2024, and National Recovery Plan for the Swift Parrot

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the problem of environmental degradation and the decline of biodiversity within Australia. This Act was introduced by the Australian Parliament to provide a framework for the protection of the environment, particularly threatened species, ecological communities, and heritage places of national and international significance. The policy objective of the Act is to ensure that Australia’s environment, particularly its biodiversity, is protected and managed sustainably, both within Australia and through its impact on global environmental concerns. Recently, the Department of the Environment and Energy has proposed draft revised recovery plans under this Act, focusing on the recovery of macadamia species and the swift parrot, aiming to halt the decline of these threatened species through detailed research and management actions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of biological diversity in Australia, encompassing various threatened species and ecological communities. Under this Act, the Department of the Environment and Energy has proposed draft recovery plans for specific species, such as the Macadamia species and the Swift Parrot, which are intended to outline necessary research and management actions for their conservation. These plans are applicable to the actions of individuals, entities, and industries that may impact these species and their habitats. The jurisdictional reach of the Act is national, applying across Australia, and it extends to matters of national environmental significance, including those concerning listed threatened species. There are no explicit exclusions or thresholds mentioned in the Gazette regarding these draft recovery plans, but the Act does provide for exemptions and authorisations through subordinate instruments, allowing for certain activities to proceed if they do not significantly harm the protected species or communities.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 180ZH, 180ZL) mandates the preparation of recovery plans for threatened species, including species that are endangered, vulnerable, or subject to a significant risk in the future. The draft revised Macadamia Species Recovery Plan 2019–2024 (sections 180ZH(1), 180ZL(1)) and the draft revised National Recovery Plan for the Swift Parrot (Lathamus discolor) (sections 180ZH(2), 180ZL(2)) are intended to outline the research and management actions necessary to halt the decline and support the recovery of these species. These recovery plans are designed to provide a structured approach to addressing the threats faced by these species, ensuring that appropriate measures are taken to protect and recover them. Under the EPBC Act, parties and entities affected by the recovery plans are required to adhere to the specified research and management actions. These obligations include conducting research to better understand the threats and necessary interventions, and implementing management actions to mitigate those threats. The Act also requires that these plans be made publicly available for comment (section 180ZL(1)) and that the Department of the Environment and Energy consider any feedback received during the public comment period. The entities responsible for managing the habitats and threats to these species, such as landholders, state governments, and other stakeholders, are expected to cooperate with the implementation of the recovery plans. Failure to comply with the provisions of the EPBC Act or the requirements outlined in the recovery plans can result in civil and criminal penalties. For example, if a person knowingly contravenes a direction under the Act, they may be subject to a civil penalty of up to $75,000 for an individual or $375,000 for a body corporate (section 510). Additionally, criminal penalties may apply for more serious breaches, including fines of up to $1.1 million for an individual and $5.5 million for a body corporate, or imprisonment for up to five years, or both (section 511). These penalties are intended to enforce compliance and ensure the protection and recovery of threatened species.