EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 270B(2)
(Issued under the Authority of the Minister for the Environment and Heritage)
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.
The purpose of this instrument is to ensure the following threat abatement plan is in force in accordance with s270B of the Act:
- Threat abatement plan for predation, habitat degradation, competition and disease transmission by feral pigs.
The threat abatement plan has been assessed and complies with s. 271 of the Act and r. 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Stakeholders were consulted during the drafting of the threat abatement plan. A workshop was held with 25 representatives from: Australian, State, Territory and Local Governments; agricultural industry, environment, animal welfare and indigenous groups. The plan was placed on public exhibition for three months and the views of environment and agriculture state and territory ministers sought as required under ss. 270B and 275 of the Act. Eighteen submissions were received from government agencies, agricultural industry, environment and animal welfare groups. Valuable comments were provided on current control techniques, exotic disease and economic effects, integration of environmental and economic impacts and other useful input. A thorough analysis of the submissions and issues was undertaken and substantial rewriting of the plan undertaken in response to comments.
The information in the threat abatement plan enabled the Threatened Species Scientific Committee to recommend the making of the plan as required under s. 274 of the Act.
The plan provides for 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.
The threat abatement plan is available electronically from the Australian Government Department of the Environment and Heritage at http://www.deh.gov.au/biodiversity/threatened/publications/tap/pig/
or from the Community Information Unit, Australian Government Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601, or 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 Environment Protection and Biodiversity Conservation Act 1999 the threat abatement plan came into force on the day on which the Minister made the Plan (18 July 2005).
For the purpose 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 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, particularly biodiversity, and to ensure that significant impacts on the environment are properly assessed and managed. This Act addresses the gap in environmental protection by establishing a framework for the conservation of biodiversity and ecological communities, and the management of threats to them. The EPBC Act empowers the Commonwealth to intervene in matters of national environmental significance, including threatened species and ecological communities, and mandates the development of threat abatement plans to manage specific threats. The threat abatement plan for predation, habitat degradation, competition and disease transmission by feral pigs was introduced to tackle the significant environmental damage caused by feral pigs. This plan was developed in accordance with section 270B of the EPBC Act and aims to reduce the impact of feral pigs to an acceptable level, thereby protecting native species and ecological communities. The plan was subject to extensive consultation with various stakeholders, including government agencies and industry representatives, and was placed on public exhibition to gather feedback. Following analysis and substantial revisions based on the submissions received, the Threatened Species Scientific Committee recommended the plan, which was subsequently endorsed by the Minister for the Environment and Heritage.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and individuals who may impact the environment, particularly in relation to the protection and conservation of threatened species and ecological communities. This Act encompasses the entire Commonwealth of Australia and extends to actions and processes that may affect matters of national environmental significance. Its application covers a broad range of industries and conduct, with particular emphasis on mitigating the impacts of feral pigs as delineated in the threat abatement plan for predation, habitat degradation, competition, and disease transmission by feral pigs. The Act does not specify exclusions or exemptions but allows for the development of subordinate instruments to further detail its application. The threat abatement plan itself, which came into force on 18 July 2005, was developed in consultation with a diverse group of stakeholders and has been made available for public access, ensuring transparency and stakeholder engagement in the legislative process.
Key Provisions
The main operative sections of this instrument are sections 270B(2) and 274 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 270B(2) requires the Minister to ensure that a threat abatement plan for specific threatening processes is in force, and section 274 mandates that the Threatened Species Scientific Committee recommend the plan to the Minister. This particular instrument pertains to the threat abatement plan for predation, habitat degradation, competition and disease transmission by feral pigs (section 270B(2)). The plan outlines the research, management, and other actions necessary to mitigate the impact of feral pigs on native species and ecological communities (section 274).
The Act imposes several obligations on the Commonwealth, including the responsibility to protect and conserve threatened species and ecological communities, and to ensure that threat abatement plans are in force. The Commonwealth must also consult with relevant stakeholders, including Australian, State, Territory and Local Governments, agricultural industry, environment, animal welfare, and indigenous groups, during the drafting of threat abatement plans. Furthermore, the plan must be placed on public exhibition for three months, and the views of environment and agriculture state and territory ministers must be sought as required under sections 270B and 275 of the Act (section 275).
Failure to comply with the requirements of the Act and the threat abatement plan may result in offences, penalties, or civil/criminal consequences. While the specific penalties are not detailed in this instrument, the Act generally provides for fines and imprisonment for breaches of its provisions. The maximum penalties for offences under the Act can vary depending on the nature and severity of the breach. For instance, section 475 of the Act provides for a maximum penalty of six months imprisonment or a fine of up to $33,000 for offences involving the taking or harming of listed threatened species. Similarly, section 476 imposes a maximum penalty of two years imprisonment or a fine of up to $165,000 for offences involving the destruction or modification of critical habitat of listed threatened species. It is important to note that these penalties may be subject to change, and the specific penalties for breaches of the threat abatement plan may be outlined in other sections of the Act or related legislation.