EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999
Threat abatement plan for predation, habit degradation, competition and disease transmission by feral pigs (Sus scrofa) 2017
The Environment Protection and Biodiversity Conservation Act 1999 (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.
Predation, habitat degradation, competition and disease transmission by feral pigs (Sus scrofa) is listed as a key threatening process under the Act.
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 key threatening process.
The Threat abatement plan for predation, habitat degradation, competition and disease transmission by feral pigs (Sus scrofa) (2017)(the plan) was developed in consultation with relevant experts, Commonwealth, state and territory governments and informed by advice from the Threatened Species Scientific Committee. Public consultation was undertaken from 7 April 2015 to 24 July 2015; a longer period than the statutory three month period.
Purpose of the Instrument
The purpose of the Instrument is to reduce the effects of the key threatening process on Australia’s biodiversity. The 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 feral pigs. 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.
Consultation
Before making a threat abatement plan, the Minister must:
consult about the draft plan and consider public comments in accordance with sections 275 and 276 of the Act; and
consider the advice of the Threatened Species Scientific Committee in accordance with section 274(1) of the Act.
In accordance with section 275 of the Act, notices were published in the Gazette, The Australian newspaper and the Koori Mail inviting written comments on the draft plan. One public response was received during the three-month period for public comment from 7 April 2015 to 24 July 2015. Responses from governmental stakeholders were received and Indigenous input was received during targeted Indigenous consultation. All comments received on the draft plan were taken into consideration in revising and finalising the plan. Consultation was also undertaken with the relevant Commonwealth and state and territory Ministers.
The Minister obtained and considered the advice of the Threatened Species Scientific Committee in accordance with section 274(1) of the Act. The Threatened Species Scientific Committee recommended that the plan be made by the Minister under section 270(B) of the Act.
The plan is available from the Australian Government Department of the Environment and Energy’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 telephone on 1800 803 772); or by post to the Australian Government Department of the Environment and Energy, GPO Box 787, Canberra ACT 2601.
The threat abatement plan is a legislative instrument for the purposes of the Legislation Act 2003.
The plan came into force on the day after it was registered on the Federal Register of Legislation.
Authority: section 270B of the Environment Protection and Biodiversity Conservation Act 1999.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to protect the environment and conserve biodiversity, particularly in relation to species and ecological communities affected by key threatening processes. The Act provides a framework for the development of threat abatement plans to address significant environmental issues. One such threat addressed by the Act is the impact of feral pigs on native species and ecosystems, which has been identified as a key threatening process. The Threat Abatement Plan for Predation, Habitat Degradation, Competition and Disease Transmission by Feral Pigs (Sus scrofa) 2017 was developed under section 270B of the Act to mitigate the effects of feral pigs on Australia's biodiversity. This plan was formulated in consultation with relevant experts, government bodies, and Indigenous groups, and underwent public consultation from 7 April 2015 to 24 July 2015, in line with the requirements of sections 275 and 276 of the Act. The plan aims to prioritise investment in threat abatement and outline the necessary management actions to ensure the long-term survival of native species and ecological communities impacted by feral pigs.
Scope and Application
The Threat Abatement Plan for Predation, Habitat Degradation, Competition and Disease Transmission by Feral Pigs (Sus scrofa) 2017, made under section 270B of the Environment Protection and Biodiversity Conservation Act 1999, applies to all individuals, entities, and industries within Australia that may be contributing to or are impacted by the activities of feral pigs. This includes farmers, landholders, government agencies, conservation groups, and any other parties involved in activities that can affect or are affected by feral pigs. The plan is designed to mitigate the detrimental effects that feral pigs have on native species and ecological communities by providing a structured approach to managing and reducing these impacts. The legislation operates across the entire Commonwealth of Australia, binding all Commonwealth agencies and extending its influence to state and territory levels through collaborative efforts and consultations. There are no specific exclusions or exemptions outlined in the explanatory statement, but the scope of the plan can be extended or modified through subordinate instruments as necessary, ensuring it remains effective in addressing emerging challenges related to feral pig management.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the creation of threat abatement plans for key threatening processes, such as predation, habitat degradation, competition, and disease transmission by feral pigs (Sus scrofa). Section 270B allows the Minister to develop such plans to mitigate the impact of these processes on Australia’s biodiversity. The Threat Abatement Plan for feral pigs (2017), developed under this authority, serves to outline the actions required to ensure the survival of native species and ecological communities affected by feral pigs. This plan was created following extensive consultation with experts, government entities, and the public, and it adheres to the requirements set forth in sections 271 and 7.12 of the Act and the Environment Protection and Biodiversity Conservation Regulations 2000.
The obligations imposed by the threat abatement plan are comprehensive and involve multiple stakeholders. Section 275 of the Act mandates that the Minister must consult with the public and consider their feedback before finalizing the plan. This was done through notices published in the Gazette, The Australian newspaper, and the Koori Mail. Additionally, section 274(1) of the Act requires the Minister to consider the advice of the Threatened Species Scientific Committee. This committee’s recommendations were integral in shaping the final plan. Furthermore, the plan also necessitates collaboration with relevant Commonwealth and state or territory governments, ensuring a coordinated approach to managing the impact of feral pigs on biodiversity.
Failure to comply with the provisions of the threat abatement plan may lead to significant consequences. While the Act does not explicitly outline specific offences or penalties for breaches of the threat abatement plan, non-compliance with the Act generally may result in enforcement actions. Under section 533 of the Act, individuals or entities that contravene any provision of the Act may face civil penalties, including fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals. In more severe cases, criminal penalties may apply, including fines of up to AUD 66,000 for individuals and AUD 3.3 million for corporations, as well as imprisonment. These penalties underscore the seriousness with which the Act treats the protection of biodiversity and the importance of adhering to the threat abatement plan.