EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Making of Instrument under section 270B
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.
On 09/10/2009 the former Minister for Environment Protection, Heritage and the Arts, the Hon Peter Garrett AM MP, made a decision pursuant to section 270A of the Act to have a threat abatement plan for the key threatening process of the biological effects, including lethal toxic ingestion, caused by Cane Toads (Bufo marinus). Subsection 270B(2) of the Act enables the Minister to make a threat abatement plan for the purpose of reducing the effects of a key threatening process.
The purpose of this instrument is to make a threat abatement plan for the biological effects, including lethal toxic ingestion, caused by cane toads (the Plan) for the key threatening process of biological effects, including toxic ingestion, caused by Cane Toads (Bufo marinus) in accordance with the provisions of section 270B of the Act. 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. The Plan complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
In accordance with the consultation requirements under the Act, consultation on the draft Plan was undertaken with the relevant environment ministers from the states and Northern Territory under section 270B and the Scientific Committee under section 274 of the Act. The draft Plan was also placed on public exhibition for three months as required under paragraph 275(1)(a) of the Act and public comments were invited. Notice and gazette requirements under 275(1)(b) were also met.
In addition to the consultation that was required to be undertaken under the Act, stakeholders identified on the basis of their interest and expertise in the management of cane toads as demonstrated through their involvement in Australian Government and national processes, including the seeking of program funding, research output, public statements and submissions to ministers and parliamentary processes were also consulted about the draft Plan. The comments provided by all parties that were consulted on the draft Plan were taken into account in finalising the Plan.
The Plan is available electronically from the Australian Government Department of Sustainability, Environment, Water, Population and Communities’ 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 post to the Australian Government Department of Sustainability, Environment, Water, Population and Communities, GPO Box 787, Canberra ACT 2601 or by phone on 1800 803 772.
The Plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Plan came into force on the day on the day after it was registered on the Federal Register of Legislative Instruments.