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 the European Red Fox, for the key threatening process, predation by the European Red Fox, 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 the European Red Fox (1999) by replacing it with the following instrument:
- Threat abatement plan for predation by the European red fox (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/foxes
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 (the Act) was enacted to provide a framework for the protection and conservation of threatened species and ecological communities, as well as to ensure the implementation of threat abatement plans for key threatening processes. This Act was introduced to address the need for a comprehensive approach to environmental protection at a national level, aiming to mitigate the effects of activities that threaten biodiversity. The Act is administered by the Australian Parliament, with the Minister for the Environment, Heritage and the Arts having specific responsibilities for making and varying threat abatement plans. The policy objective of this legislation is to reduce the impact of key threatening processes, such as predation by the European Red Fox, on native species and ecological communities, thereby promoting their long-term survival. The explanatory statement details a variation to the Threat Abatement Plan for Predation by the European Red Fox, reflecting an updated approach based on scientific advice and stakeholder consultation, ensuring the plan remains effective and compliant with the Act's requirements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all persons and entities within the Commonwealth of Australia, including federal, state, and territory governments, as well as private individuals and corporations. Its primary focus is on the protection and conservation of threatened species and ecological communities and ensuring that threat abatement plans are in force to address significant environmental threats. Specifically, section 270B of the EPBC Act empowers the Minister to create a threat abatement plan aimed at reducing the effects of a key threatening process. In this case, the legislation pertains to the threat posed by predation from the European Red Fox. The Act mandates that such plans must be reviewed and, if necessary, revised at intervals not exceeding five years. The legislation also provides for the involvement of the Threatened Species Scientific Committee in advising the Minister on the content of any proposed variations to a threat abatement plan, ensuring that scientific expertise underpins policy decisions. Public consultation is a critical component of the process, with the draft plan being made available for public comment and all feedback being considered in the finalisation of the plan. This instrument is a legislative measure under the Legislative Instruments Act 2003 and came into effect on the date of its creation by the Minister.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) establishes key obligations for the Commonwealth to protect and conserve threatened species and ecological communities. This includes ensuring threat abatement plans are in force (sections 270 and 271). Section 270B allows the Minister to develop a threat abatement plan to reduce the effects of a key threatening process. An example of this is the Threat Abatement Plan for Predation by the European Red Fox, which was first published in 1999 and subsequently revised in 2008. Section 279(2) of the Act mandates that these plans are reviewed at intervals of no more than five years, while section 279(3) allows the Minister to vary the plan if deemed necessary.
The obligations imposed by the Act on the parties governed by it include the requirement to develop and implement threat abatement plans that are scientifically assessed and meet regulatory standards. These plans must be developed in consultation with relevant stakeholders and made available for public review and comment (section 275). The revised Threat Abatement Plan for Predation by the European Red Fox (2008) was developed following extensive consultation with stakeholders, including government agencies, research institutions, and industry groups. This plan was also subject to a public exhibition process, ensuring that the views of the community were incorporated into the final version.
Failure to comply with the provisions of the Act and the associated threat abatement plans can result in both civil and criminal penalties. Section 508 of the Act provides for fines and imprisonment for offences related to the destruction of threatened species and ecological communities. The maximum penalties for these offences vary depending on the nature and extent of the breach. Additionally, failure to adhere to the requirements of the threat abatement plans may result in administrative sanctions, including financial penalties and enforcement actions.
The Threat Abatement Plan for Predation by the European Red Fox (2008) came into force on the day it was made by the Minister, as required by section 273(1A) of the Act. The legislative instrument was developed in accordance with the Legislative Instruments Act 2003, ensuring that it is legally valid and enforceable. The plan is available for public access through various channels, including electronic publication on the Department of the Environment, Water, Heritage and the Arts' website, and physical distribution through mail and phone. This ensures transparency and accountability in the implementation of the plan.