Threat Abatement Plan for predation by feral cats (2015)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, was established to provide a framework for the protection of the environment and the conservation of biodiversity in Australia, particularly addressing key threatening processes such as predation by feral cats. The Act empowers the Minister for the Environment to develop and vary threat abatement plans aimed at mitigating the impacts of these threatening processes. The 2015 variation of the threat abatement plan for predation by feral cats, replacing the 2008 plan, was made to better address the ongoing threat feral cats pose to native species and ecological communities. The Minister undertook extensive consultation with experts, relevant governments, and the Threatened Species Scientific Committee, and invited public comment to ensure the 2015 plan was comprehensive and effective. The policy objective of this variation is to provide a more robust framework for prioritising investment in threat abatement and identifying necessary actions to ensure the long-term survival of affected native species and ecological communities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and individuals in Australia, including the Commonwealth and its agencies, to ensure the protection of the environment and conservation of biodiversity. The Act provides for the creation of threat abatement plans in relation to key threatening processes, such as feral cat predation, which impact native species and ecological communities. The Act binds the Commonwealth and Commonwealth agencies, and its geographic reach extends nationally, covering all states and territories of Australia. The Act includes provisions for the Minister to review and vary threat abatement plans, such as the 2008 Threat Abatement Plan for Predation by Feral Cats, which has been replaced by the 2015 plan following consultation with relevant experts, government entities, and the public. The 2015 plan, which is available on the Department of the Environment's website, serves as a legislative instrument under the Legislative Instruments Act 2003 and came into force after registration on the Federal Register of Legislative Instruments. The application of the Act may be extended or restricted through subordinate instruments, ensuring a comprehensive approach to environmental protection and biodiversity conservation.

Key Provisions

The main operative sections of the legislation pertain to the variation of the threat abatement plan for predation by feral cats under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, section 279 allows the Minister to review and vary a threat abatement plan at any time, if deemed necessary. This process involves replacing the 2008 plan with the 2015 plan, which was developed through consultation with relevant experts, Commonwealth, state and territory governments, and the Threatened Species Scientific Committee. Public consultation was also conducted from 8 April 2015 to 8 July 2015, with 91 responses received and considered in the revision of the plan. The 2015 plan is intended to reduce the effects of feral cat predation on Australia’s biodiversity by providing a framework for prioritising investment in threat abatement and identifying necessary management actions. The obligations imposed by this Act on the parties it governs are significant. The Minister is required to consult with relevant stakeholders, including the public and the Threatened Species Scientific Committee, before varying a threat abatement plan. This includes publishing notices in the Gazette, The Australian newspaper, and the Koori Mail to invite written comments on the draft plan, as mandated by section 275 of the Act. The Minister must also consider all public comments and the advice of the Committee, in accordance with sections 275, 276, and 279(5) of the Act. Additionally, the 2015 plan must comply with the requirements set out in section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000. Breaches of the obligations and requirements set out in the Act can lead to various civil and criminal consequences. While the legislation does not explicitly state penalties for non-compliance, it is clear that failing to adhere to the consultation and review processes outlined in sections 275 and 276 could result in legal challenges or penalties as prescribed by other relevant laws. Additionally, not following the advice of the Threatened Species Scientific Committee, as required by section 279(5), might undermine the effectiveness of the threat abatement plan and lead to negative environmental outcomes, potentially attracting further regulatory scrutiny or penalties. The precise penalties for non-compliance would depend on the specific context and other applicable legislation.