EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Variation of a threat abatement plan
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection of native species (including listed threatened species) and ecological communities impacted by key threatening processes.
Background
Part 13, Division 5, Subdivision A of the Act provides for the making of threat abatement plans in relation to key threatening processes, which bind the Commonwealth and Commonwealth agencies. The Minister may make a threat abatement plan under section 270B of the Act if the Minister’s most recent decision under section 270A is to have a threat abatement plan for the process. The incidental catch (or bycatch) of seabirds during oceanic longline fishing operations is listed as a key threatening process under the Act. Section 279 of the Act provides that the Minister may, at any time, review a threat abatement plan and consider whether a variation is necessary, and if the Minister considers a variation is necessary the Minister may, subject to the requirements of the Act, vary the plan.
The Threat Abatement Plan 2006 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations was made in 2006 (the 2006 Plan). It was reviewed in 2011, when the then Minister concluded that a threat abatement plan continued to be required and agreed to vary the 2006 Plan. The Threat Abatement Plan 2014 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (the 2014 Plan) will replace the 2006 Plan. The 2014 Plan was developed in consultation with the public; a stakeholder reference group comprised representatives of governmental, fishing industry, and environmental non-governmental organisation stakeholders and appropriate experts closely involved with alleviating the impact of longline fishing on Australian seabirds; and informed by advice from the Threatened Species Scientific Committee (the Committee).
Purpose of the Instrument
The purpose of the Instrument is to vary the 2006 Plan by replacing it with the 2014 Plan so as to reduce the effects of the key threatening process on Australia’s biodiversity. The 2014 Plan identifies the research, management and other actions required to reduce the key threatening process of the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations to an acceptable level in order to maximise the chances of the long-term survival in nature of native species (including listed threatened species) and ecological communities affected by the process. The content of the Plan complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).
Consultation
Before varying a threat abatement plan, the Minister must consult about the variation and consider public comments in accordance with sections 275 and 276 of the Act; and obtain and consider the advice of the Committee on the content of the variation in accordance with subsection 279(5) of the Act.
Notices were published in the Gazette and The Australian newspaper inviting written comments on varying the 2006 Plan, in accordance with section 275 of the Act. A notice was also provided to the Committee. Submissions were received from eight respondents during a three month public comment period that concluded on 31 October 2013. Further comment was sought from the respondents over a two-week period that concluded on 14 February 2014. Further submissions were received from eight respondents.
All comments received on the draft Plan were considered in finalising the 2014 Plan. A range of clarifications and amendments were incorporated into the content of the 2014 Plan, which seek to balance the diverse interests and perspectives of stakeholders. Comments received were constructive but reflected divergent views by stakeholders. Industry responses included proposals for certain longline fisheries to be exempt, and for seabird bycatch of certain species to no longer require a management response. Non-governmental organisations’ responses included proposals that more rigorous bycatch rates should apply progressively over the life of the 2014 Plan—until the situation was reached where any seabird bycatch would result in the fishing operator no longer being permitted to use longlining as a method. Wherever feasible, changes were made to the content of the 2014 Plan to accommodate suggestions and concerns raised in the comments. The actions set out in the 2014 Plan take a middle course between divergent views.
The Minister obtained and considered the advice of the Committee in accordance with subsection 279(5) of the Act. The Committee recommended that the variation be made by the Minister under section 279 of the Act.
The 2014 Plan is available electronically from the Australian Government Department of the Environment’s website at: http://www.environment.gov.au/biodiversity/threatened/tap-approved.html. Copies of the Plan can also be requested from the Department’s Community Information Unit (ciu@environment.gov.au); or by post to the Australian Government Department of the Environment, GPO Box 787, Canberra ACT 2601 or by telephone on 1800 803 772.
The 2014 Plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for the Instrument (OBPR ID: 15223).
The Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). A full statement of compatibility is set out in the Attachment.
The 2014 Plan came into force on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: section 279 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).