EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 270B
(Issued under Authority of the Minister for the Environment, Heritage and the Arts)
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.
Section 270B of the Act enables the Minister to make a threat abatement plan for the purpose of reducing the effects of a key threatening process. “Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris,” was declared a key threatening process under section 183 of the Act.
The purpose of this instrument is to ensure the following threat abatement plan is in force in accordance with section 270B of the Act:
- Threat Abatement Plan for the Impacts of Marine Debris on Vertebrate Marine Life (2009).
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 Plan has been assessed and complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Consultation was carried out in accordance with Section 275 of the EPBC Act, which included advertisements in the Weekend Australian, the Koori News, direct contact with interested parties and posting of all draft papers on the Department’s website.
- An initial workshop was held in Brisbane in 2004 to inform the drafting of the Plan. It involved participation from various interest groups, including Indigenous representation.
- As the Plan was developed, it was maintained as a formal agenda item at four consecutive meetings of the Marine and Coastal Committee (MACC).
- A workshop was carried out with MACC on 31 August 2007, dedicated to finalising the draft Plan.
- In December 2007, the draft Plan was provided to the Indigenous Advisory Committee (IAC) and the Threatened Species Scientific Committee (TSSC) for approval prior to being released for public consultation.
- The plan was open for public comments from May14 to August 14 2008.
- During public consultation, a total of 23 Indigenous organisations and other organisations with strong links to Indigenous stakeholders were directly contacted and invited to comment.
- Additional contacts were also utilised to encourage participation, including Indigenous Liaison Officers.
- 36 comments were received during the public consultation process, all of which were taken into account in finalising the Plan.
The Plan is available electronically from the Australian Government Department of Environment, Water, Heritage and the Arts at
http://www.environment.gov.au/biodiversity/threatened/publications/tap/marine-debris.html
or from the Community Information Unit (ciu@environment.gov.au) or by post from the Australian Government Department of the Environment, Water, Heritage and the Arts, 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 will come into force on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, aims to safeguard threatened species and ecological communities and ensure that threat abatement plans are in place. This Act was designed to fill a critical gap in the protection of biodiversity by providing a legislative framework for the conservation of Australia's unique flora and fauna. Section 270B of the Act empowers the Minister to develop a threat abatement plan aimed at mitigating the effects of key threatening processes, such as the ingestion or entanglement of marine debris by vertebrate marine life. The Threat Abatement Plan for the Impacts of Marine Debris on Vertebrate Marine Life (2009) was developed in response to this mandate and seeks to reduce the impact of marine debris through research, management, and other necessary actions, thereby enhancing the long-term survival prospects of affected species and communities. The plan has undergone rigorous assessment and consultation processes, including engagement with Indigenous groups and various stakeholders, to ensure its compliance and effectiveness.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian Commonwealth Act that applies to all persons and entities within Australia and its territorial waters, aiming to protect and conserve the nation's biodiversity, including threatened species, ecological communities, and heritage places. The Act extends its reach to cover activities that may have significant impacts on matters of national environmental significance, such as listed threatened species and communities, and in this context, it mandates the development and implementation of threat abatement plans. These plans are designed to address key threatening processes that pose a risk to biodiversity. One such plan, the Threat Abatement Plan for the Impacts of Marine Debris on Vertebrate Marine Life (2009), specifically targets the issue of injury and fatality to marine life caused by harmful marine debris. This plan is issued under section 270B of the EPBC Act and is applicable nationwide, encompassing all industries and activities that may contribute to marine debris. The plan is subject to the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. It is complemented by various subordinate instruments that may further define and detail its application, thereby ensuring comprehensive coverage and enforcement of the provisions aimed at mitigating the impacts of marine debris on vertebrate marine life.
Key Provisions
The main sections of this legislation, the Environment Protection and Biodiversity Conservation Act 1999, involve the creation of a threat abatement plan to address a key threatening process identified under section 183 of the Act. Specifically, section 270B allows the Minister to develop such a plan, which in this case is for "Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris" (section 270B). The operative sections require the formulation and implementation of actions to reduce the impacts of marine debris on vertebrate marine life to an acceptable level, ensuring the long-term survival of affected species and ecological communities (section 271). This plan, which has been assessed and approved, is intended to be in force under section 270B of the Act and complies with the requirements set out in regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The obligations imposed by this Act include conducting thorough consultation processes to gather input from various stakeholders. This involves advertising in national and Indigenous media, making direct contact with interested parties, and posting draft papers on the Department’s website (section 275). The consultation process also includes workshops and meetings with committees such as the Marine and Coastal Committee (MACC) and the Indigenous Advisory Committee (IAC), ensuring diverse perspectives are considered in the plan's development (section 275). Additionally, the plan must be made available to the public for comment, and all feedback received must be taken into account in the final version (section 275).
The legislation sets out specific consequences for non-compliance with the threat abatement plan. While the Act does not explicitly detail penalties for breaches, the broader legal framework under which this plan operates could impose civil or criminal penalties. These might include fines and imprisonment for severe violations, as outlined under general environmental protection laws. The severity of penalties would depend on the nature and extent of the non-compliance, but the overarching goal is to ensure adherence to the plan's provisions to protect vertebrate marine life and their habitats effectively. The plan itself is legally binding and enforceable, underscoring the importance of its implementation.