Public Consultation for Draft National Recovery Plans for Southern Black-throated Finch (Poephila cincta cincta) and Southern Cassowary (Casuarius casuarius johnsonii)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to address the need for a comprehensive framework to protect and manage Australia's biodiversity. Enacted by the Commonwealth Parliament, the Act aims to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act seeks to ensure that actions likely to have a significant impact on the environment are assessed and managed effectively. The Department of Climate Change, Energy, the Environment and Water, under the auspices of the Act, is responsible for developing and publishing draft National Recovery Plans for threatened species, such as the Southern Black-throated Finch and the Southern Cassowary. The policy objective behind these plans is to halt the decline and support the recovery of these species through targeted research and management actions. The Department is currently inviting public consultation on the draft National Recovery Plans for the Southern Black-throated Finch and the Southern Cassowary. These plans outline the necessary actions to address the threats facing these species and facilitate their recovery. The draft plans are available for review, with feedback invited to ensure the plans are comprehensive and effective. Comments on the draft plans must be submitted by 4 September 2023. The Department encourages interested parties to provide their input, which will contribute to the development of robust and actionable recovery strategies for these threatened species. Submissions can be made via email or post, as detailed in the notice.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any action, including the preparation of recovery plans, that may impact on matters of national environmental significance, such as threatened species like the Southern Black-throated Finch and the Southern Cassowary. The Act applies to any person, corporation, or entity undertaking an action that may have a significant impact on these listed species. The Act's jurisdiction extends across Australia, providing a national framework for the protection of threatened species and their habitats. However, the Act also allows for the development of specific recovery plans that may focus on particular geographic areas or populations of these species. The Act can be extended and modified through subordinate legislation, enabling the government to adapt to new scientific findings or changing environmental circumstances. The current public consultation on the draft recovery plans for the Southern Black-throated Finch and the Southern Cassowary is a demonstration of the Act's application in practice, inviting input from a wide range of stakeholders to ensure comprehensive and effective conservation strategies.

Key Provisions

The notice under Section 275 of the Environment Protection and Biodiversity Conservation Act 1999 (the "Act") invites the public to provide feedback on two draft recovery plans: one for the Southern Black-throated Finch (section 180(1)) and the other for the Southern Cassowary (section 180(1)). These draft recovery plans, accessible via the department's website (section 275(1)), outline the necessary research and management actions to halt the decline and facilitate the recovery of these threatened species. Public consultation is an integral part of the process, allowing stakeholders to contribute their expertise and insights, ensuring that the recovery plans are comprehensive and effective. Entities and individuals governed by the Act are required to adhere to the provisions outlined in the draft recovery plans, which include specific research initiatives, habitat management strategies, and conservation measures designed to protect and restore the populations of these species. These plans will become legally binding recovery plans once approved by the Minister (section 180(2)), imposing obligations on various stakeholders, including government agencies, landowners, and conservation groups, to implement the specified actions to ensure the survival and recovery of the Southern Black-throated Finch and the Southern Cassowary. Failure to comply with the approved recovery plans may result in legal consequences under the Act. Section 306 of the Act imposes penalties for non-compliance, including fines of up to $66,600 for individuals and up to $333,000 for corporations (section 306(1)). Additionally, section 307 of the Act allows for prosecution in the case of serious or repeated breaches, which could lead to further penalties, including imprisonment for up to five years (section 307(1)). These provisions underscore the seriousness with which the Act treats the conservation of threatened species and the importance of adhering to the approved recovery plans.