EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Variation to Instrument under section 279
(Issued under Authority of the Minister for the Environment, Heritage and the Arts)
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 to ensure threat abatement plans are in force under the Act.
Section 270B of the Act enables the Minister to make a threat abatement plan for the purpose of reducing the effects of a key threatening process. On 7 July 1999, notice was published in the Commonwealth of Australia Government Notices Gazette (No. GN 27) that the threat abatement plan titled Threat Abatement Plan for Competition and Land Degradation by Feral Rabbits, for the key threatening process, competition and land degradation by feral rabbits, had been made.
Subsection 279(2) of the Act requires the Minister to review threat abatement plans at intervals of not longer than five years. Subsection 279(3) of the Act allows the Minister to vary a plan if the Minister considers such a variation necessary.
The purpose of this instrument is to vary the Threat Abatement Plan for Competition and Land Degradation by Feral Rabbits (1999) by replacing it with the following instrument:
- Threat abatement plan for competition and land degradation by rabbits (2008).
The plan sets out the research, management and other actions necessary to reduce the key threatening process concerned to an acceptable level in order to maximise the chances of the long-term survival in nature of native species and ecological communities affected by the process.
Subsection 279(4) provides that the Minister must not vary a plan, unless the plan, as so varied, continues to meet the requirements of section 270 or 271, as the case may be. The threat abatement plan has been assessed and complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Subsection 279(5) provides that before varying a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation. The information in the revised threat abatement plan enabled the Threatened Species Scientific Committee to recommend the making of the plan as required under section 274 of the Act.
Stakeholders were consulted during the drafting of the threat abatement plan and through an independent review of the existing plan which included a survey of TAP awareness amongst practitioners in pest animal policy and research. During the independent review Australian Government, state and territory governments, research and industry stakeholders were consulted on the success of the existing plan and how the plan should be revised. These stakeholders were identified on the basis of their interest and expertise in vertebrate pest control, as demonstrated through their involvement in Australian Government and national processes, including contract tendering, seeking program funding, research output, public statements and submissions to Ministers and parliamentary processes.
The draft plan was also placed on public exhibition for three months as required under section 275 of the Act, and public comments were invited. All comments were taken into account in finalising the plan.
The threat abatement plan is available electronically from the Australian Government Department of the Environment, Water, Heritage and the Arts at http://www.environment.gov.au/biodiversity/threatened/publications/tap/rabbits
or from the Community Information Unit (ciu@environment.gov.au)
or by post from Australian Government Department of the Environment, Water, Heritage and the Arts, GPO Box 787, Canberra ACT 2601; or by phone on 1800 803 772.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
In accordance with section 273(1A) of the Act the revised threat abatement plan came into force on the day on which the Minister made the plan.
For the purposes of subsection 12(2) of the Legislative Instruments Act 2003 the rights and liabilities of a person other than the Commonwealth have not been adversely affected by the retrospective commencement of the plan.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and conservation of Australia's biodiversity, including threatened species and ecological communities, and to manage and mitigate the impacts of key threatening processes. The Act provides the legislative framework for the Commonwealth to take action in these areas, including the development and implementation of threat abatement plans. One such plan is the Threat Abatement Plan for Competition and Land Degradation by Feral Rabbits, which was initially made in 1999 and revised in 2008. The revision was necessary to ensure the plan continued to meet the requirements of the EPBC Act and to incorporate the latest scientific advice and stakeholder feedback. The revised plan outlines the necessary actions to reduce the impacts of feral rabbits on native species and ecological communities. The plan was developed in consultation with relevant stakeholders, including government agencies, researchers, and industry representatives, and was subject to public review. The revised plan came into force on the date of its making, in accordance with the Act, ensuring timely and effective action to address the threat posed by feral rabbits.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the entire Commonwealth of Australia, focusing on the protection and conservation of threatened species and ecological communities, as well as ensuring the implementation of threat abatement plans. This Act places obligations on the Commonwealth to address key threatening processes, such as the competition and land degradation caused by feral rabbits. The Act authorises the Minister for the Environment, Heritage and the Arts to develop and vary threat abatement plans aimed at reducing the impacts of such processes. These plans are developed in consultation with the Threatened Species Scientific Committee and other relevant stakeholders, including state and territory governments, researchers, and industry representatives. The revised Threat Abatement Plan for Competition and Land Degradation by Rabbits, implemented under section 279 of the Act, replaces the 1999 version and outlines the necessary actions to mitigate the impact of feral rabbits on native species and ecosystems. The plan was subjected to public consultation and adheres to the requirements set forth in sections 270 and 271 of the Act, as well as regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000. This legislation thereby provides a structured approach to managing and mitigating the effects of feral rabbits on Australia's biodiversity.
Key Provisions
The main sections of this instrument (F2009L00068) pertain to the variation of a threat abatement plan under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (sections 270B, 279, 271, and 274). Specifically, this instrument updates the Threat Abatement Plan for Competition and Land Degradation by Feral Rabbits (1999) with a new plan, the Threat Abatement Plan for Competition and Land Degradation by Rabbits (2008). This new plan outlines the necessary research, management, and other actions to reduce the threat of feral rabbits to native species and ecological communities. The variation is made under subsection 279(3) of the Act, which allows the Minister to amend a threat abatement plan if deemed necessary.
The obligations imposed by this Act require the Minister to review threat abatement plans at intervals of no longer than five years (subsection 279(2)). Additionally, before varying a plan, the Minister must consult with the Scientific Committee and consider their advice on the content of the variation (subsection 279(5)). The Minister must also ensure that the revised plan meets the requirements of section 270 or 271 of the Act (subsection 279(4)). This variation process involved consultations with stakeholders, including government agencies, research entities, and industry representatives, to gather input on the effectiveness of the existing plan and how it could be improved. Furthermore, the draft plan was publicly exhibited for three months, inviting public comments which were taken into account in finalising the plan.
Breaching the provisions of this Act can result in various civil and criminal consequences, though the specific offences and penalties are not detailed within this instrument. The Environment Protection and Biodiversity Conservation Act 1999 outlines a range of penalties for breaches of its provisions, which can include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant regulations or guidelines under the Act. It is essential for parties and entities governed by this Act to comply with its requirements to avoid potential legal repercussions.