Revised - 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, enacted by the Parliament of Australia, serves as a critical piece of environmental legislation aimed at protecting and managing Australia's biodiversity and heritage. This Act addresses the problem of declining threatened species by providing a framework for the creation and implementation of recovery plans. It empowers the government to take decisive action to protect and recover species at risk of extinction, ensuring that conservation efforts are both comprehensive and effective. The policy objective behind the Act is to promote the sustainable use of natural resources while safeguarding the nation's environmental heritage for future generations. The recent public consultation for the draft National Recovery Plans for the Southern Black-throated Finch and the Southern Cassowary further exemplifies the Act's commitment to active and informed conservation management.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any action that may have a significant impact on a matter of national environmental significance, including threatened species such as the Southern Black-throated Finch and the Southern Cassowary. This federal legislation encompasses individuals, corporations, government agencies and any other entities that undertake activities that may impact on these listed species or their habitats. The Act extends across the entire Commonwealth of Australia and applies to actions both within Australia and overseas if they impact on matters of national environmental significance. The Act allows for the establishment of recovery plans for threatened species, as demonstrated in the current consultation for the Southern Black-throated Finch and the Southern Cassowary, and these plans can be amended through subordinate instruments to reflect changing circumstances or new information. The Act does not specify exclusions, exemptions or thresholds, but rather focuses on the necessity for assessment and mitigation of significant impacts on listed species and their habitats.

Key Provisions

The Gazette (C2023G00608) published by the Department of Climate Change, Energy, the Environment and Water under section 275 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) invites public consultation on the draft National Recovery Plans for two threatened species: the Southern Black-throated Finch (Poephila cincta cincta) and the Southern Cassowary (Casuarius casuarius johnsonii). These plans, available for review at the provided link, aim to outline the necessary research and management actions required to halt the decline and promote the recovery of these species. Submissions must be received by 6 September 2023, sent to the specified email or postal address. Under the EPBC Act, the Department is required to develop and publish recovery plans for listed threatened species (Section 180). These plans must detail the actions needed to improve the conservation status of the species, including habitat protection, research needs, and management strategies. The consultation process allows stakeholders, including the public, to provide feedback on the draft plans, which will be considered before the final plans are published. The consultation is a critical component of the legislative requirement for transparency and community involvement in conservation efforts. Parties or entities subject to the EPBC Act, including those involved in activities that may impact the Southern Black-throated Finch and the Southern Cassowary, have obligations to comply with the requirements set forth in the Act. This includes adhering to any approved recovery plans, which may impose specific restrictions or requirements on land use, development, and other activities that could affect the species' habitats. Additionally, entities may be required to undertake monitoring and reporting to ensure compliance with the recovery plans. The Act imposes various civil and criminal penalties for breaches related to the conservation of threatened species. Under Section 474 of the EPBC Act, individuals and corporations can be subject to fines up to $666,000 or imprisonment for up to three years for serious offences, such as unauthorised actions that harm listed threatened species or their habitats. For less severe breaches, the penalties can include fines up to $66,600 for individuals and $3.33 million for corporations. These provisions ensure that there are significant consequences for non-compliance, thereby reinforcing the importance of the conservation measures outlined in the recovery plans.