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 4 October 2001, notice was published in the Commonwealth of Australia Special Gazette (No. S413) that the threat abatement plan titled Threat Abatement Plan for Dieback Caused by the Root-rot Fungus Phytophthora cinnamomi (2001), for the key threatening process, “Dieback caused by the root-rot fungus (phytophthora cinnamomi)”, 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 Dieback Caused by the Root-rot Fungus Phytophthora cinnamomi (2001) by replacing it with the following instrument:
- Threat Abatement Plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2009).
The Threat Abatement 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 2001 plan which included a survey of TAP awareness amongst land users and managers, conservation agencies and the nursery industry. 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 the management of phytophthora cinnamomi, as demonstrated through their involvement in Australian Government and national processes, including the seeking of 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/tap-approved.html
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.
The Threat Abatement Plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Threat Abatement Plan came into force on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to protect and conserve threatened species and ecological communities, and ensure threat abatement plans are in force under the Act. This legislation responds to the need for a comprehensive approach to environmental conservation and the management of processes that threaten native species and ecosystems. In line with its policy objective, the Act enables the Minister for the Environment, Heritage and the Arts to create and periodically review threat abatement plans. This regulatory framework was established to address specific environmental threats, such as those posed by the root-rot fungus Phytophthora cinnamomi, which is known to cause significant dieback in natural ecosystems. The 2009 variation to the 2001 Threat Abatement Plan for Dieback Caused by the Root-rot Fungus Phytophthora cinnamomi reflects ongoing efforts to update and improve strategies for mitigating the impact of this key threatening process. The revised plan was developed with input from scientific experts, stakeholders, and the public, ensuring a collaborative approach to achieving the legislative goals of preserving biodiversity and promoting ecological sustainability.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various persons, entities, and industries that are involved in activities that may impact the environment or biodiversity in Australia. This Act places obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and ensures that threat abatement plans are in place to mitigate the effects of key threatening processes. The Act has a national jurisdictional reach, as it is a Commonwealth legislation. The Threat Abatement Plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2009) applies to stakeholders and entities involved in the management of the key threatening process caused by the root-rot fungus Phytophthora cinnamomi. This includes Australian Government, state and territory governments, research and industry stakeholders. The Minister for the Environment, Heritage and the Arts has the authority to vary the threat abatement plans under the Act. The variation process involves obtaining and considering advice from the Scientific Committee, consulting with stakeholders, and taking into account public comments. The Threat Abatement Plan can be extended or restricted through subordinate instruments, as authorised by the Act.
Key Provisions
The main operative sections of this legislation focus on the establishment and variation of the Threat Abatement Plan (TAP) for the disease in natural ecosystems caused by Phytophthora cinnamomi. Section 279(3) of the Environment Protection and Biodiversity Conservation Act 1999 allows the Minister to vary a TAP if considered necessary, with the condition that the varied plan continues to meet the requirements of sections 270 or 271 of the Act (subsection 279(4)). The legislation outlines the process for varying the 2001 TAP, which involves obtaining advice from the Scientific Committee as per subsection 279(5). The revised TAP, which sets out the necessary actions to reduce the impact of the root-rot fungus, has been developed following consultations with stakeholders, including land users, conservation agencies, and the nursery industry. Public comments were also invited and considered during the drafting process.
The obligations imposed by this Act on the parties it governs include the requirement for the Minister to review the TAP at intervals not exceeding five years and to ensure that any varied TAP continues to meet the statutory requirements. The Minister must obtain and consider advice from the Scientific Committee before varying the TAP, as per subsection 279(5). Additionally, the Minister must consult with relevant stakeholders, including Australian Government, state and territory governments, research and industry stakeholders, during the drafting of the TAP. Public consultation is also mandatory, with the draft TAP being placed on public exhibition for three months as required by section 275 of the Act.
The legislation outlines potential consequences for non-compliance with the Act's provisions. While specific penalties are not detailed in the text, breaches of the Environment Protection and Biodiversity Conservation Act 1999 could result in civil or criminal penalties under other sections of the Act, depending on the nature and severity of the breach. The Act empowers courts to impose penalties, which can include fines and imprisonment, for violations of its provisions. However, the exact penalties are not specified in this particular instrument and would need to be referred to in the main body of the Act or related regulations.