Threat Abatement Plan for Infection of amphibians with chytrid fungus resulting in chytridiomycosis

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to address the significant challenges of environmental protection and biodiversity conservation. This Act places a responsibility on the Commonwealth to protect and conserve threatened species and ecological communities, and to ensure that threat abatement plans are in force. The Act aims to provide a comprehensive framework for the protection of the environment and biodiversity, which are crucial for the sustainability and health of the nation. The Explanatory Statement highlights that one such threat abatement plan, concerning the infection of amphibian chytrid fungus resulting in chytridiomycosis, has been established in accordance with the Act. This plan was developed through consultations with stakeholders and public exhibition, ensuring a broad-based approach to addressing the identified threat. The plan is designed to facilitate necessary research, management, and other actions to mitigate the impact of the key threatening process on native species and ecological communities, thereby enhancing their chances of long-term survival in nature.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth government, which is responsible for protecting and conserving threatened species and ecological communities, and ensuring that threat abatement plans are in force. The Act has a national reach and applies to any actions or processes that have a significant impact on matters of national environmental significance. The Act may be extended or restricted through subordinate instruments, such as regulations or codes of practice, which provide further detail on specific aspects of the Act. In the case of the threat abatement plan for the infection of amphibian chytrid fungus, the plan applies to all individuals, businesses, and organisations that may be involved in activities that could spread the fungus, such as the transportation of amphibians or the use of water for irrigation. The plan sets out the necessary actions to reduce the impact of the fungus on native species and ecological communities, and provides a framework for research and management efforts. The plan is available to the public and was developed with input from stakeholders and the Threatened Species Scientific Committee.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains various sections that set out the main provisions and requirements for protecting threatened species and ecological communities. Section 270B(2) of the Act allows the Minister for the Environment and Heritage to make a threat abatement plan, which is a strategy to reduce the impact of a particular threat to biodiversity. In this case, the instrument under section 270B(2) is concerned with the infection of amphibian chytrid fungus, which results in chytridiomycosis, a disease that poses a significant threat to amphibian species in Australia. The threat abatement plan, once made, is considered to be in force under section 270B of the Act. The threat abatement plan sets out a series of obligations and requirements for the Commonwealth, which must ensure that the plan is implemented effectively. These obligations include the need to consult with stakeholders during the drafting of the plan, as required by section 275 of the Act. The plan was also subject to a three-month public exhibition period, during which public comments were invited and taken into account in finalising the plan. Additionally, the Threatened Species Scientific Committee must review the information in the threat abatement plan and recommend its making to the Minister, as stipulated by section 274 of the Act. The threat abatement plan is designed to provide for the research, management, and other actions necessary to reduce the impact of the key threatening process to an acceptable level, in order to maximise the chances of the long-term survival of native species and ecological communities affected by the process. The plan, which is available electronically from the Australian Government Department of the Environment and Heritage, sets out the necessary measures to be taken to mitigate the impact of the infection of amphibian chytrid fungus. Failure to comply with the provisions of the EPBC Act, including the threat abatement plan, may result in civil or criminal consequences. Section 474 of the Act sets out the penalties for offences against the Act, which may include fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as imprisonment for up to five years. The specific penalties for breach of the threat abatement plan are not stated in the Act or the Explanatory Statement, but they would likely fall within the range of penalties outlined in section 474. It is important for all parties governed by the Act to be aware of their obligations and to take appropriate steps to ensure compliance with the law.