EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Variation of a threat abatement plan
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection of native species and ecological communities impacted by key threatening processes.
Background
Part 13, Division 5, Subdivision A of the Act provides for the making of threat abatement plans in relation to key threatening processes, which bind the Commonwealth and Commonwealth agencies.
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. Dieback caused by the root-rot fungus Phytophthora cinnamomi is listed as a key threatening process under the Act.
Section 279 of the Act provides that the Minister may, at any time, review a threat abatement plan and consider whether a variation is necessary and, if the Minister considers a variation is necessary, the Minister may vary the plan.
The Threat abatement plan for dieback caused by the root-rot fungus Phytophthora cinnamomi was made in 2001. It was reviewed in 2006 and varied in June 2009 (the 2009 variation). The Senate disallowed the 2009 variation in November 2009. In 2011 the then Minister agreed to vary the 2001 plan. The Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (the 2014 Plan) will replace the 2001 Plan. The 2014 Plan was developed in consultation with the affected States and Territories and was informed by advice from the Threatened Species Scientific Committee (the Committee). The concerns expressed in the Senate in 2009 were taken into account in developing the 2014 Plan including in consultations with the affected states and territories and in seeking advice from the Committee.
Purpose of the Instrument
The purpose of the Instrument is to vary the 2001 Plan by replacing it with the 2014 Plan so as to reduce the effects of the threatening process on Australia’s biodiversity. The 2014 Plan provides a framework for prioritising investment in threat abatement and identifies management and other actions required to ensure the long-term survival of native species and ecological communities affected by Phytophthora cinnamomi. The content of the Plan complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).
Consultation
Before varying a threat abatement plan, the Minister must:
- consult about the variation and consider public comments in accordance with sections 275 and 276 of the Act; and
- consider the advice of the Threatened Species Scientific Committee (the Committee) in accordance with section 279(5) of the Act.
In accordance with section 275 of the Act, notices were published in the Gazette and The Australian newspaper inviting written comments on the draft Plan. Thirty responses were received during the three-month period for public comment from 20 February 2013 to 20 May 2013. Comments were supportive, although concerns were raised about several issues including: additional species of Phytophthora that are also a significant environmental threat; non-target impacts of the use of phosphite to control P. cinnamomi; the need for a funded national coordinator; and the need for Australian Government funding to implement the Plan. All comments received on the draft Plan were taken into account in revising and finalising the 2014 Plan.
The Minister obtained and considered the advice of the Committee in accordance with section 279(5) of the Act. The Committee recommended that the variation be made by the Minister under section 279 of the Act.
Contact was made with the relevant Ministers of each affected state and territory and with the relevant government departments of each affected state and territory. State and territory agencies have responded positively and have contributed expertise to the development of the 2014 Plan.
The 2014 Plan is available electronically from the Australian Government Department of the Environment’s website at: http://www.environment.gov.au/biodiversity/threatened/tap-approved.html. Copies of the Plan can also be requested from the Department’s Community Information Unit (ciu@environment.gov.au); or by post to the Australian Government Department of the Environment, GPO Box 787, Canberra ACT 2601 or by telephone on 1800 803 772.
The 2014 Plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The 2014 Plan came into force on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: section 279 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).