Threat Abatement Plan for competition and land degradation by rabbits (2016)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment and conservation of biodiversity, including addressing key threatening processes that impact native species and ecological communities. The Act was introduced to fill a significant gap in environmental legislation by providing a comprehensive framework for the management of activities that have, or could have, a detrimental effect on the environment at a national and international level. One such key threatening process is competition and land degradation by rabbits, which was identified as requiring a specific threat abatement plan under the Act. The 2016 threat abatement plan for competition and land degradation by rabbits was developed to replace the 2008 plan, aiming to reduce the impact of rabbits on Australia’s biodiversity. This plan was made after extensive consultation with experts, government bodies, and the public, and it reflects the policy objective of prioritising investment in threat abatement to ensure the long-term survival of native species and ecological communities affected by rabbits.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all persons and entities within the Commonwealth’s jurisdiction, as well as to specific industries and activities that may impact on matters of national environmental significance, including biodiversity and native species. The Act extends to the protection of ecological communities and addresses key threatening processes such as competition and land degradation by rabbits. This legislation binds the Commonwealth and Commonwealth agencies, and its geographic reach is national, encompassing all areas within Australia. The Act includes provisions for the development of threat abatement plans, which are subordinate instruments that provide detailed strategies to mitigate identified threats. The 2016 Threat abatement plan for competition and land degradation by rabbits, which replaces the 2008 plan, was developed following consultations with experts, government entities, and the public, and is subject to review every five years. The Act does not specify exclusions or exemptions for the threat abatement plans themselves, but certain actions may be exempt under other provisions of the EPBC Act or related regulations. The 2016 plan is legally binding and came into force upon registration on the Federal Register of Legislation.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) relevant to the new threat abatement plan include sections 270A, 270B, and 279. Section 270A requires the Minister to review the existing threat abatement plans at intervals of no longer than five years. Section 270B allows the Minister to make a new threat abatement plan if the most recent decision under section 270A is to have such a plan for the key threatening process. Section 279 mandates that the Minister must review each plan at intervals of not longer than 5 years. The 2016 plan, which replaces the 2008 plan, was developed following these sections and provides a framework for prioritising investment in threat abatement and identifies management actions required to address competition and land degradation by rabbits. The Act imposes several obligations and requirements on the Minister and relevant parties. The Minister must consult with relevant experts, Commonwealth, state, and territory governments, and consider public comments before varying a threat abatement plan (section 275). Additionally, the Minister must consider the advice of the Threatened Species Scientific Committee when reviewing a threat abatement plan (section 279(5)). The 2016 plan was developed in consultation with these stakeholders and informed by advice from the Threatened Species Scientific Committee. Public consultation was also undertaken during a statutory three-month period from 25 November 2015 to 16 March 2016, during which twenty-two responses were received and considered. Under the Act, there are civil and criminal consequences for breaches of the threat abatement plan. Non-compliance with the plan could potentially lead to legal action under the Act, with penalties that may include fines and imprisonment. For example, under section 514 of the Act, a person who engages in an activity that is likely to have a significant impact on a matter of national environmental significance may be liable for a civil penalty of up to $666,000 for a corporation and $133,200 for an individual, as well as potential imprisonment. Additionally, under section 528 of the Act, a person who intentionally, recklessly, or negligently contravenes the Act may be liable for criminal penalties, including fines and imprisonment. The 2016 plan aims to reduce the effects of competition and land degradation by rabbits on Australia’s biodiversity by providing a framework for prioritising investment in threat abatement and identifying management actions. The plan was developed in consultation with relevant experts, governments, and stakeholders and was informed by advice from the Threatened Species Scientific Committee. Public consultation was also undertaken during a statutory three-month period from 25 November 2015 to 16 March 2016. The plan came into force on the day after it was registered on the Federal Register of Legislation. The plan is available on the Australian Government Department of the Environment’s website and can also be requested from the Department’s Community Information Unit.