EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2018)

(Issued under the authority of the Minister for the Environment)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment, especially matters of national environmental significance, and conservation of biodiversity, including the protection of native species and ecological communities affected by key threatening processes.

Background

Part 13, Division 5, Subdivision A of the Act provides for the making of threat abatement plans concerning key threatening processes, which bind the Commonwealth and Commonwealth agencies. Dieback caused by the root-rot fungus (Phytophthora cinnamomi) is listed as a key threatening process under the Act. 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 Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2018) (the 2018 Plan) was developed in consultation with the public and relevant research, industry, government and non-government organisations. The 2018 Plan was informed by advice from the Threatened Species Scientific Committee (the Committee).

Purpose of the Instrument

The instrument is a threat abatement plan under section 270B(2) of the Act. The purpose of the instrument is to reduce the effects of the key threatening process, disease caused by Phytophthora cinnamomi, on Australia’s biodiversity. The 2018 Plan provides a national strategy to guide the activities of government, industry and research organisations. It outlines the research, management and other actions necessary to reduce the key threatening process to an acceptable level. The content of the 2018 Plan complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.

The instrument replaces the previous threat abatement plan, the Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2014) [F2017C00221] (the previous Plan). The making of the 2018 Plan has the effect of displacing the previous Plan, so it is the 2018 Plan that is in force for the purposes of the Act.

Consultation

Before making a threat abatement plan, the Minister must:

• consult about the draft plan with the appropriate Minister of each state and territory in accordance with subsection 270B(5) of the Act,
• invite and consider public comments in accordance with sections 275 and 276 of the Act; and
• consider the advice of the Committee in accordance with subsection 274(1) of the Act.

Invitations to comment on the draft 2018 Plan were sent to ministers for the environment, tourism, forestry and agriculture from all jurisdictions in which Phytophthora cinnamomi affects natural ecosystems.

Notices were published in the Government Notices Gazette, the Koori Mail and The Australian newspapers inviting written comments on the draft 2018 Plan, in accordance with section 275 of the Act.

During the public comment period between 24 April 2017 and 24 July 2017, nine submissions were received from government agencies, six from interest groups, two from industry and one from private individuals. These comments were taken into consideration in revising and finalising the 2018 Plan.

The Minister obtained and considered the advice of the Committee, in accordance with subsection 274(1) of the Act. The Committee recommended that the 2018 Plan be made by the Minister under section 270B of the Act.

The 2018 Plan is available from the Australian Government Department of the Environment and Energy’s website at: www.environment.gov.au/approved-taps. Hard copies are available from the Department’s Community Information Unit:

Email:  ciu@environment.gov.au
Tel:  1800 803 772
Post:  Department of the Environment and Energy, GPO Box 787, Canberra ACT 2601.

The 2018 Plan is a Legislative Instrument for the purposes of the Legislation Act 2003.

The Office of Best Practice Regulation (OBPR) advised that a Regulatory Impact Statement was not required for the Instrument (OBPR ID: 21877).

The 2018 Plan commences the day after it is registered on the Federal Register of Legislation.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2018)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The instrument is the Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2018) (the 2018 Plan) under section 270B(2) of the Act. The 2018 Plan includes the research, management and other actions necessary to reduce the key threatening process of Dieback caused by the root-rot fungus (Phytophthora cinnamomi) to an acceptable level 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.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Melissa Price MP
Minister for the Environment