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

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2019L00157 In force Legislative Instrument

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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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity. This includes the protection of native species and ecological communities affected by key threatening processes. The Act was introduced to address the need for a cohesive national framework to manage and protect the environment and biodiversity. The 2018 Threat Abatement Plan for disease in natural ecosystems caused by Phytophthora cinnamomi, issued under the authority of the Minister for the Environment, was developed in response to the identified key threatening process of dieback caused by the root-rot fungus, which affects Australia’s biodiversity. The plan was formulated in consultation with public and expert advice, and it aims to reduce the impact of this disease on native species and ecological communities. The Minister for the Environment, in accordance with the EPBC Act, engaged in extensive consultations with relevant stakeholders, including state and territory ministers, the public, and the Threatened Species Scientific Committee, to develop this comprehensive national strategy.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to all individuals, entities, industries, and conduct within Australia, including the Commonwealth and its agencies, and aims to protect the environment and conserve biodiversity, particularly in relation to matters of national environmental significance. Under the Act, the Minister for the Environment has the authority to develop threat abatement plans for key threatening processes, such as the dieback disease caused by Phytophthora cinnamomi. The Threat Abatement Plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2018) specifically outlines a national strategy for the Commonwealth, state, and territory governments, industry, and research organisations to mitigate the effects of this disease on Australia's biodiversity. The plan replaces the previous 2014 plan and is developed in consultation with relevant stakeholders and the Threatened Species Scientific Committee, ensuring it complies with the Act and associated regulations. The 2018 Plan focuses on research, management, and actions necessary to reduce the impact of the disease to an acceptable level, facilitating the long-term survival of native species and ecological communities.

Key Provisions

The Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2018) (the 2018 Plan) under section 270B(2) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) serves to combat the detrimental effects of dieback disease caused by the root-rot fungus Phytophthora cinnamomi on Australia's biodiversity. This plan, which replaces the previous 2014 Plan, outlines the necessary research, management and other actions to reduce the disease to an acceptable level, ensuring the long-term survival of native species and ecological communities. The 2018 Plan provides a national strategy guiding the activities of government, industry and research organisations, and it complies with the requirements under section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000. The 2018 Plan imposes several obligations on the parties and entities it governs. These include the implementation of research initiatives to better understand the disease and its impacts, the development of management strategies to mitigate its effects, and the coordination of efforts between government agencies, industry stakeholders, and research organisations. Additionally, the plan mandates the consultation process as stipulated by the Act, requiring the Minister to consult with appropriate state and territory ministers, consider public comments and the advice of the Threatened Species Scientific Committee. The 2018 Plan also necessitates the integration of the recommended actions into relevant policies, programs, and operations to ensure compliance and effectiveness in achieving the plan’s objectives. Under the Act, breaches of the obligations outlined in the 2018 Plan can lead to various legal consequences. While the 2018 Plan itself does not explicitly state penalties for non-compliance, failure to adhere to the plan's directives could result in actions under the Act. For example, non-compliance with the Act's provisions regarding the protection of the environment and biodiversity could attract civil or criminal penalties. Civil penalties can include fines up to $66,600 for individuals and $333,000 for bodies corporate, as stipulated under section 528 of the Act. Criminal penalties, applicable for more serious breaches, can include fines of up to $660,000 for individuals and $3.3 million for bodies corporate, along with potential imprisonment terms. These penalties underscore the seriousness with which the Act treats the protection of Australia's biodiversity and the importance of adhering to the 2018 Plan.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.