Threat Abatement Plan 2014 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations

Administered by Department of Agriculture

Legislation au F2014L01196 Not in force Legislative Instrument

Legislation content

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).

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the pressing need for comprehensive environmental protection and biodiversity conservation measures in Australia. This Act was introduced by the Australian Parliament to safeguard the nation's native species and ecological communities impacted by key threatening processes. One of the critical functions of the Act is to enable the Minister for the Environment to develop and implement threat abatement plans, such as the Threat Abatement Plan for the incidental catch of seabirds during oceanic longline fishing operations. This plan was updated in 2014 to replace the 2006 version, reflecting the need for an evolving approach to environmental management. The 2014 Plan was developed through extensive consultation with stakeholders, including government representatives, the fishing industry, environmental organisations, and experts, and was informed by scientific advice. The purpose of this variation is to mitigate the adverse effects of seabird bycatch on Australia's biodiversity, ensuring that actions taken are balanced and effective in protecting threatened species and their habitats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and the conservation of biodiversity, including native species and ecological communities affected by key threatening processes. The Act extends its jurisdiction throughout Australia, binding the Commonwealth and Commonwealth agencies in the implementation of measures to mitigate these threats. In this context, the Act provides for the creation and variation of threat abatement plans to address specific key threatening processes, such as the incidental catch of seabirds during oceanic longline fishing operations. The 2014 Plan, which replaces the 2006 Plan, was developed through extensive consultation with stakeholders including government representatives, fishing industry participants, and environmental non-governmental organisations, and incorporates advice from the Threatened Species Scientific Committee. The 2014 Plan outlines the necessary research, management, and other actions required to reduce the threat to an acceptable level. While the Act does not specify explicit exclusions, the application of the 2014 Plan is tailored to the specific issue of seabird bycatch, and may be extended or restricted through subordinate instruments made under the authority of the Minister for the Environment.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) includes provisions for the creation and variation of threat abatement plans aimed at protecting native species and ecological communities. Under section 279 of the Act, the Minister can review a threat abatement plan at any time and decide whether to vary it. In this instance, the 2006 Threat Abatement Plan for the incidental catch of seabirds during oceanic longline fishing operations (the 2006 Plan) has been replaced by the 2014 Threat Abatement Plan (the 2014 Plan). This change seeks to reduce the impact of the key threatening process on Australia's biodiversity, aiming for the long-term survival of affected native species and communities. The 2014 Plan outlines necessary research, management, and other actions to bring seabird bycatch to an acceptable level. The 2014 Plan imposes specific obligations on various parties, including the Commonwealth, Commonwealth agencies, and fishing operators. These obligations involve implementing and adhering to the actions outlined in the Plan, which include measures such as the use of bird-scaring lines, the implementation of real-time reporting systems, and the adherence to bycatch rate thresholds. The Plan also requires ongoing research and monitoring to assess the effectiveness of the implemented measures and to inform future adjustments to the Plan. Additionally, stakeholders are required to collaborate with relevant authorities to ensure compliance with the Plan and to participate in ongoing consultations aimed at refining and improving the measures in place. Breaches of the provisions outlined in the 2014 Plan can result in significant legal consequences. The EPBC Act contains various offences related to non-compliance with threat abatement plans, which can attract both civil and criminal penalties. Civil penalties for non-compliance may include substantial fines, with the exact amount determined by the courts. Furthermore, criminal penalties may apply in cases of serious or repeated breaches, potentially resulting in fines and imprisonment. The severity of the penalties reflects the importance of the Act's objectives in protecting Australia's biodiversity and endangered species.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Consultation Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.