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 7 July 1999, notice was published in the Commonwealth of Australia Government Notices Gazette (No. GN 27) that the threat abatement plan titled Threat Abatement Plan for Predation by Feral Cats, for the key threatening process, predation by feral cats, 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 Predation by Feral Cats (1999) by replacing it with the following instrument:
- Threat abatement plan for predation by feral cats (2008).
The 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 existing plan which included a survey of TAP awareness amongst practitioners in pest animal policy and research. 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 vertebrate pest control, as demonstrated through their involvement in Australian Government and national processes, including contract tendering, seeking 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/publications/tap/cats
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.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
In accordance with section 273(1A) of the Act the revised threat abatement plan came into force on the day on which the Minister made the plan.
For the purposes of subsection 12(2) of the Legislative Instruments Act 2003 the rights and liabilities of a person other than the Commonwealth have not been adversely affected by the retrospective commencement of the plan.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to address the need for comprehensive protection and conservation of the nation's biodiversity, particularly focusing on threatened species and ecological communities. The Act empowers the Commonwealth to ensure the implementation of threat abatement plans to mitigate the impacts of key threatening processes, such as predation by feral cats. In line with the legislative requirements, the Minister for the Environment, Heritage and the Arts has revised the Threat Abatement Plan for Predation by Feral Cats (1999) to better address the ongoing threat posed by feral cats to native species and ecological communities. This revision was necessitated by the need to update and enhance the effectiveness of the plan, in compliance with the statutory requirements under sections 270 and 271 of the Act, and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000. The updated plan incorporates the latest scientific advice, stakeholder consultations, and public feedback, aiming to provide a robust framework for reducing the impact of feral cats on Australia's biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian federal Act that applies to a wide range of entities and activities, including individuals, corporations, and government entities, that may impact the environment or biodiversity. Specifically, the Act applies to actions that are likely to have a significant impact on matters of national environmental significance, which include matters such as World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the Commonwealth marine estate. The Act has a broad geographic reach, applying to activities throughout Australia, including the external territories, and also covers activities that take place outside Australia if they impact on matters of national environmental significance. The Act is administered by the Commonwealth Minister for the Environment and is subject to review and variation as appropriate, with the current variation focusing on updating the Threat Abatement Plan for Predation by Feral Cats to better address the key threatening process of predation by feral cats. The Act allows for exclusions and exemptions, but these are subject to rigorous assessment and oversight by the relevant authorities.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) governs the protection and conservation of threatened species and ecological communities, including the implementation of threat abatement plans. Under section 270B, the Minister can establish a threat abatement plan to mitigate the impact of a key threatening process. This legislation specifically varies the existing threat abatement plan for predation by feral cats, updating it with the 2008 version (subsection 279(2)). This updated plan outlines the necessary research, management and other actions required to reduce the impact of feral cat predation on native species and ecological communities to an acceptable level (subsection 279(3)).
The Act imposes several obligations on the Minister. Firstly, the Minister must review threat abatement plans at intervals of no longer than five years (subsection 279(2)). Secondly, before varying a plan, the Minister must seek and consider advice from the Scientific Committee on the content of the variation (subsection 279(4)). Thirdly, any variation of the plan must continue to meet the requirements of sections 270 or 271 of the Act, as applicable (subsection 279(4)). The revised plan has been assessed and complies with these sections and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act does not specify particular offences or penalties for non-compliance with the threat abatement plan itself, but the overarching Act includes provisions for civil and criminal penalties for breaches related to the protection of biodiversity. Under section 528, a person who engages in an action that constitutes a breach of a relevant provision can face a civil penalty of up to $666,000 for a corporation and $133,200 for an individual, or imprisonment for up to five years, or both. The Minister is also empowered to take enforcement actions under the Act to ensure compliance with the provisions, including issuing infringement notices, pursuing legal action or imposing administrative penalties.