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 Goats, for the key threatening process, competition and land degradation by feral goats, 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 Goats (1999) by replacing it with the following instrument:
- Threat abatement plan for competition and land degradation by unmanaged goats (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/goats
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 was enacted to address the need for the Commonwealth to protect and conserve threatened species and ecological communities, while also ensuring threat abatement plans are in force to mitigate identified threats. This legislation was introduced by the Parliament of Australia with a clear policy objective to establish a framework for the protection of biodiversity and the mitigation of threats to it. One particular aspect of this legislation concerns the management of key threatening processes, such as competition and land degradation by feral goats, which are addressed through threat abatement plans. In this context, the Act allows the Minister to review and vary these plans every five years to ensure they remain effective and compliant with the Act's requirements. The explanatory statement outlines the process undertaken to revise the threat abatement plan for competition and land degradation by feral goats, including consultation with stakeholders and an independent review, culminating in the adoption of the revised plan in 2008 to better manage the identified threat.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the Commonwealth's responsibility for protecting and conserving threatened species and ecological communities, and ensuring threat abatement plans are in place to mitigate specific threats. Specifically, section 279 of the Act requires the Minister to review threat abatement plans every five years and allows for variations if deemed necessary. The Act extends its jurisdiction nationwide, impacting various entities and industries that might contribute to the specified threats, such as competition and land degradation by feral goats. The legislation applies to all persons and entities within Australia, including federal, state, and territory governments, as well as industries involved in activities that could affect biodiversity. The Act also incorporates subordinate instruments, such as regulations, to extend or restrict its application. Exclusions or exemptions within the Act are limited and depend on specific conditions outlined in the threat abatement plans, which must comply with the requirements of sections 270 and 271 of the Act and relevant regulations. The revised threat abatement plan for competition and land degradation by unmanaged goats, published in 2008, replaces the 1999 plan and was developed following consultations with stakeholders and public exhibition, ensuring it meets the necessary criteria and aims to reduce the impact of feral goats on native species and ecosystems.
Key Provisions
The main operative sections of this legislation (F2009L00063) concern the variation of a threat abatement plan under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, section 279(3) allows the Minister to vary a threat abatement plan if necessary, and this instrument varies the Threat Abatement Plan for Competition and Land Degradation by Feral Goats (1999) to replace it with the Threat Abatement Plan for Competition and Land Degradation by Unmanaged Goats (2008). This new plan outlines the necessary actions to reduce the impacts of feral goats on native species and ecological communities to an acceptable level. The new plan is designed to comply with sections 270 and 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act imposes certain obligations on the Minister and other stakeholders. The Minister must review threat abatement plans at intervals of no longer than five years, as per section 279(2). Before varying a plan, the Minister must obtain and consider advice from the Scientific Committee, as per section 279(5). The draft plan must be placed on public exhibition for three months, and public comments must be taken into account in finalising the plan, in accordance with section 275 of the Act. Stakeholders, including government and industry representatives, must also be consulted on the success of the existing plan and how it should be revised.
Failure to comply with the provisions of the Act and the threat abatement plan can result in various consequences. The specific offences, penalties, or civil/criminal consequences for breach are not detailed in this instrument, but the Act itself provides for a range of penalties for non-compliance with its provisions. These can include fines and imprisonment, with the maximum penalties varying depending on the nature and severity of the offence. For example, under section 528 of the Act, a person who contravenes a direction given under the Act can be subject to a penalty of up to $1.1 million for a corporation and $220,000 for an individual, along with potential imprisonment terms. The Act also allows for the imposition of civil penalty orders, which can include fines and other remedies, for breaches of its provisions.