Threat Abatement Plan for the biological effects, including lethal toxic ingestion, caused by cane toads.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the protection and conservation of threatened species and ecological communities, and to ensure the implementation of threat abatement plans. The Act was designed to fill the gap in comprehensive environmental protection laws by providing a framework for the Commonwealth to manage and conserve biodiversity. In accordance with the Act, the Minister for the Environment has the authority to develop threat abatement plans for key threatening processes, such as the biological effects caused by Cane Toads (Bufo marinus). In response to the need for a coordinated approach to mitigate the detrimental impacts of Cane Toads on native species and ecosystems, the Hon Peter Garrett AM MP, as the former Minister for Environment Protection, Heritage and the Arts, initiated the development of a threat abatement plan on 09/10/2009. This plan, in compliance with sections 270B and 271 of the Act, aims to reduce the lethal toxic ingestion and other biological effects caused by Cane Toads to an acceptable level, thereby enhancing the prospects for the long-term survival of affected native species and ecological communities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities that may impact on matters of national environmental significance, including the protection and conservation of threatened species and ecological communities. This Act operates at the Commonwealth level and applies to actions that may affect these matters, regardless of whether they occur within state or territory boundaries. In relation to the biological effects, including lethal toxic ingestion, caused by cane toads (Bufo marinus), the Act enables the Minister to develop a threat abatement plan aimed at reducing the impacts of this key threatening process. The legislation mandates the Minister to consult with relevant environment ministers from the states and Northern Territory, as well as the Scientific Committee, and to place the draft plan on public exhibition for comment. The final plan is designed to set out the necessary research, management, and other actions to reduce the threat to an acceptable level. The Plan itself becomes a legislative instrument upon its registration and is enforceable across the Commonwealth.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is central to the protection and conservation of Australia's biodiversity. Section 270A of the Act mandates the Minister to develop a threat abatement plan for key threatening processes. In this instance, the former Minister for Environment Protection, Heritage and the Arts, the Hon Peter Garrett AM MP, exercised this power under section 270A to create a threat abatement plan for the biological effects caused by Cane Toads (Bufo marinus) (section 270A(2)). This decision was formalised under section 270B(2), which empowers the Minister to develop such plans to mitigate the effects of these key threatening processes. The threat abatement plan, referred to as the Plan, outlines the necessary research, management, and other actions to reduce the biological effects, including lethal toxic ingestion, caused by cane toads to an acceptable level (section 270B). This is done to enhance the long-term survival chances of native species and ecological communities affected by the cane toads. The Plan adheres to section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000. To ensure comprehensive stakeholder engagement, the draft Plan was subject to consultation with relevant environment ministers from the states and Northern Territory under section 270B, and the Scientific Committee under section 274 of the Act. Additionally, the draft Plan was placed on public exhibition for three months as required under section 275(1)(a), and public comments were solicited. Notice and gazette requirements under section 275(1)(b) were also fulfilled. The Plan was developed through consultations with stakeholders identified based on their demonstrated interest and expertise in managing cane toads. This included entities involved in Australian Government and national processes, researchers, and those who had sought program funding or made public statements. Comments from all consulted parties were considered in finalising the Plan. The Plan is available electronically from the Australian Government Department of Sustainability, Environment, Water, Population and Communities’ website and can be requested by various means. While the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with the threat abatement plan, failure to adhere to the provisions of the Act and the regulations could lead to enforcement actions under the general powers granted to the Minister under sections 514 and 516. These provisions allow for the imposition of fines and other sanctions for non-compliance with the Act’s requirements, which can include actions taken against individuals or entities that fail to follow the threat abatement plan.