EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 269A
(Issued under the Authority of the Minister for the Environment and Heritage)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and recognises the requirement to ensure recovery plans are in force under the Act.
The purpose of this instrument is to ensure a recovery plan is in force in accordance with s. 269A of the Act for the southern right whale (Eubalaena australis) – listed as endangered.
In accordance with s. 270 of the Act and r. 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000, the plan includes:
- the objectives to be achieved during the life of the plan;
- criteria against which achievement of the objectives is to be measured;
- the actions needed to achieve the objectives;
- threats to the species;
- habitat critical to the survival of the species and the actions needed to protect those habitats;
- any populations of the species that are under particular pressure of survival and the actions needed to protect those populations;
- the estimated duration and cost of the recovery process and identify interests affected by the plans implementation and organisations/persons involved in evaluating the performance of the recovery plan;
- location of the species;
- areas of habitat that are critical to the survival of the species;
- important populations of the species that are necessary for long term survival and recovery;
- what must be done to stop the decline of and support the recovery and survival of the species by protecting important populations, protecting and restoring habitat; and
- where possible, management practices necessary to avoid a significant adverse impact on the species.
The information presented in the recovery plan and supported by experts in the field enabled the Threatened Species Scientific Committee (the Committee) to recommend the making of these Plans as required under s. 274 of the Act.
The following consultation on the Recovery Plans was undertaken:
- Draft plans were available on:
http://www.deh.gov.au/biodiversity/threatened/recovery/public-comments//index.html for comment for the period 15 December 2004 to 15 March 2005:
- Public comments sought through ads in national Australian newspaper and the Gazette;
- Minister sent letters to State and Territory Government seeking comments; and
- Meetings held with stakeholders.
On the basis of the advice of the Committee, and on assessment of comments received from the public and State and Territory Governments, I am satisfied that the Southern Right Whale Recovery Plan should be made.
The recovery plan is available electronically from the Australian Government Department of the Environment and Heritage at:
- http://www.deh.gov.au/biodiversity/threatened/recovery/list-common.html; or
- from the Community Information Unit, Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
In accordance with s. 273(1A) of the Environment Protection and Biodiversity Conservation Act 1999, the instrument commenced on the day on which it was made.
For the purposes of subsection 12(2) of the Legislative Instruments Act 2003, the rights and liabilities of a person other than the Commonwealth has not been adversely affected by the retrospective commencement of the Plan.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the protection and conservation of threatened species and ecological communities within Australia, recognising the need for comprehensive recovery plans for species at risk. This legislation was introduced by the Commonwealth Parliament to ensure that recovery plans are in force for endangered species, thus contributing to biodiversity conservation. One of the key instruments under this Act is the Southern Right Whale Recovery Plan, issued under the authority of the Minister for the Environment and Heritage. This plan was developed to ensure the conservation of the southern right whale (Eubalaena australis), listed as endangered, by setting clear objectives, actions, and criteria for measuring progress. The instrument was created following consultation with stakeholders and the Threatened Species Scientific Committee, ensuring that the recovery plan addresses the species' needs comprehensively and effectively.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 is a comprehensive piece of legislation that applies to the Commonwealth of Australia, with its jurisdiction extending to the protection and conservation of threatened species and ecological communities. This Act places obligations on the Commonwealth to ensure that recovery plans are in place for species listed as endangered, such as the southern right whale (Eubalaena australis). The Act applies to persons and entities involved in activities that may impact these threatened species, and the recovery plans are formulated to encompass the objectives, criteria, actions, threats, critical habitats, and populations under pressure, among other details, to aid in the recovery and survival of the species. The Act also mandates consultation with the public, state and territory governments, and stakeholders to gather input on the proposed recovery plans. Subordinate instruments may further extend or restrict the application of the Act by detailing specific measures and criteria for various species and habitats.
Key Provisions
The Southern Right Whale Recovery Plan, established under section 269A of the Environment Protection and Biodiversity Conservation Act 1999, outlines specific objectives and criteria necessary for the protection and recovery of the endangered southern right whale (Eubalaena australis). According to section 270 of the Act, the plan includes measurable objectives to be achieved, criteria for evaluating progress, and actions required to protect the species, including identifying critical habitats and populations, threats, and the estimated costs and duration of the recovery process. This instrument was made in consultation with the Threatened Species Scientific Committee, and after seeking public and government feedback, as mandated under section 274 of the Act.
The Act imposes certain obligations on parties and entities, including the development and implementation of recovery plans for endangered species. These obligations require the identification of critical habitats and populations, detailed action plans to protect and restore these areas, and ongoing evaluation of the recovery process. The Act also mandates consultation with stakeholders, including state and territory governments, and the public, as evidenced by the availability of the draft plan for public comment and the solicitation of feedback through various channels. Furthermore, the Act requires the identification of the interests affected by the plan's implementation and the organisations or persons involved in evaluating its performance.
Failure to comply with the provisions of the Environment Protection and Biodiversity Conservation Act 1999 can lead to civil and criminal penalties. Specifically, under section 510 of the Act, individuals and organisations found to be in breach of the Act can face fines and imprisonment. The maximum penalties for individuals include fines of up to AUD 528,000 and imprisonment for up to five years. For corporations, the fines can be significantly higher, reaching up to AUD 2,640,000. Additionally, there are provisions for the recovery of costs associated with the enforcement of the Act, further ensuring compliance with the recovery plan's requirements.