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 psittacine beak and feather disease affecting endangered psittacine species
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 14 representatives from: Australian, State and Territory Governments; academic, environment and animal welfare groups. The plan was placed on public exhibition for three months and the views of state and territory ministers sought as required under ss. 270B and 275 of the Act. Nine submissions were received from government agencies, wildlife health and veterinarian representatives. Valuable comments were provided on habitat requirements, contamination, vaccination, and knowledge gaps and other useful input. A thorough analysis of the submissions and issues was undertaken and 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/beak-feather/
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, enacted by the Commonwealth Parliament, aims to place obligations on the federal government to protect and conserve threatened species and ecological communities and to ensure threat abatement plans are in force. This legislative framework addresses the problem of significant threats to native species and ecological communities, such as the impact of psittacine beak and feather disease on endangered psittacine species. The explanatory statement accompanying the legislative instrument highlights the development of a threat abatement plan for this specific disease, which was drafted through consultations with various stakeholders and a public exhibition process. The policy objective is to mitigate the key threatening process to an acceptable level, thereby maximising the chances of long-term survival of affected native species and ecological communities. The threat abatement plan was made in accordance with section 270B of the Act and came into force on 18 July 2005.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to any person or entity that engages in actions that may impact on matters of national environmental significance, including threatened species and ecological communities. This legislation operates at the Commonwealth level, meaning it has a national reach across Australia. The Act also extends its obligations through subordinate instruments such as regulations and threat abatement plans, which provide detailed guidance and specific measures for protecting the environment. For instance, the threat abatement plan for psittacine beak and feather disease affecting endangered psittacine species, implemented under this Act, applies to any person or entity whose activities may affect the targeted species and their habitats. This plan came into force on 18 July 2005 and is designed to ensure the necessary research, management, and actions are undertaken to mitigate the impact of the disease on endangered psittacine species. The plan was developed through extensive consultation with stakeholders, including government agencies, wildlife health experts, and other relevant groups, and it is available for public access through various channels specified by the Department of the Environment and Heritage.
Key Provisions
The main operative sections of the legislation (F2005L02255) pertain to the establishment of a threat abatement plan under section 270B of the Environment Protection and Biodiversity Conservation Act 1999. Specifically, section 270B outlines the requirement for the Minister to develop and bring into force threat abatement plans for processes that threaten the survival of native species and ecological communities. This plan, concerning psittacine beak and feather disease, was developed to address the key threatening process impacting endangered psittacine species. The plan was formulated following consultation with various stakeholders, including representatives from government bodies, academic institutions, and animal welfare groups, as required by sections 270B and 275 of the Act.
The obligations imposed by the Act on the parties governed by this legislation include the necessity to comply with the threat abatement plan. The plan outlines specific research, management, and other actions aimed at reducing the impact of psittacine beak and feather disease on endangered psittacine species. This involves ensuring habitat protection, managing contamination risks, implementing vaccination strategies, and addressing knowledge gaps identified during the development of the plan. The compliance with these actions is critical for the protection of the species and their ecosystems.
Breach of the obligations set forth in the threat abatement plan could result in various consequences. Although the Act itself does not specify particular penalties for non-compliance with the plan, failure to adhere to its provisions could lead to legal actions under the Environment Protection and Biodiversity Conservation Act 1999. This could include civil or criminal penalties, depending on the severity and intent of the breach. The Act provides for substantial penalties, including fines and imprisonment, for actions that significantly harm the environment or endangered species, thereby underscoring the importance of compliance with the threat abatement plan.