Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (2018)

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2018L01562 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

(Issued under the Authority of the Minister for the Environment)

Environment Protection and Biodiversity Conservation Act 1999

Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (2018)

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment, especially matters of national environmental significance, and conservation of biodiversity, including the protection of native species and ecological communities affected by key threatening processes.

Background

Part 13, Division 5, Subdivision A of the Act provides for the making of threat abatement plans concerning key threatening processes, which bind the Commonwealth and Commonwealth agencies. Incidental catch (or bycatch) of seabirds during oceanic longline fishing operations is listed as a key threatening process under the Act. The Minister may make a threat abatement plan under section 270B of the Act if the Minister’s most recent decision under section 270A is to have a threat abatement plan for the process.

The Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (2018) (the plan) was developed in consultation with the public; a stakeholder group comprised of representatives of government, fishing industry, and environmental non-governmental organisation stakeholders and experts closely involved with alleviating the impact of longline fishing on seabirds; and informed by advice from the Threatened Species Scientific Committee (the Committee).

Purpose of the Instrument

The purpose of the Instrument is to reduce the effects of the key threatening process on Australia’s biodiversity. The plan provides a national strategy to guide the activities of government, industry and research organisations and outlines the research, management and other actions necessary to reduce the key threatening process to an acceptable level. The content of the plan complies with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.

Consultation

Before making a threat abatement plan, the Minister must consult about the draft plan and consider public comments in accordance with sections 275 and 276 of the Act, and consider the advice of the Threatened Species Scientific Committee in accordance with subsection 274(1) of the Act.

Notices were published in the Gazette and The Australian newspaper inviting written comments on the draft plan, in accordance with section 275 of the Act. Public consultation was undertaken from 15 March to 30 June 2017; a longer period than the statutory three-month period. Submissions were received from four respondents during the public comment period.

All comments received on the draft plan were taken into consideration in revising and finalising the plan. A range of clarifications and amendments were incorporated into the content of the plan, which seek to balance the diverse interests and perspectives of stakeholders. Comments received were constructive, but reflected divergent views by stakeholders. Wherever feasible, changes were made to the content of the plan to accommodate suggestions and concerns raised in the comments. The actions set out in the plan take a middle course between divergent views.

The Minister obtained and considered the advice of the Committee, in accordance with subsection 274(1) of the Act. The Committee recommended that the plan be made by the Minister under section 270B of the Act.

The plan is available from the Australian Government Department of the Environment and Energy’s website at: http://www.environment.gov.au/approved-taps. Copies of the plan can also be requested from the Department’s Community Information Unit (ciu@environment.gov.au or by telephone on 1800 803 772) or by post to the Australian Government Department of the Environment and Energy, GPO Box 787, Canberra ACT 2601.

The plan is a Legislative Instrument for the purposes of the Legislation Act 2003.

The Office of Best Practice Regulation (the OBPR) advised that a Regulatory Impact Statement was not required for the Instrument (OBPR ID: 21877).

The plan commences the day after it is registered.

Authority: Section 270B of the Environment Protection and Biodiversity Conservation Act 1999.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (2018)

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Legislative Instrument is to reduce the key threatening process of the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations to an acceptable level. This is in order to maximise the long-term survival in nature of native species (including listed threatened species) and ecological communities affected by the process. The plan includes the research, management and other actions necessary to do so.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights, as it does not raise any human rights issues.

 

 

Melissa Price, Minister for the Environment

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to protect the environment, particularly matters of national significance, and to conserve biodiversity, including the protection of native species and ecological communities affected by key threatening processes. This Act provides the framework for the creation of threat abatement plans to address these issues. The Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (2018), made under section 270B of the Act, was developed to reduce the effects of this key threatening process on Australia's biodiversity. The plan was created in consultation with the public, a stakeholder group comprising representatives from government, the fishing industry, and environmental non-governmental organisations, and experts, as well as informed by advice from the Threatened Species Scientific Committee. The policy objective of this plan is to provide a national strategy to guide the activities of government, industry, and research organisations and to outline the necessary research, management, and other actions to reduce the impact of the key threatening process to an acceptable level. The plan is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all activities that have, will have, or are likely to have a significant impact on matters of national environmental significance, including the protection of native species and ecological communities. The EPBC Act operates on a Commonwealth level, thereby binding all Commonwealth agencies and entities within the Australian jurisdiction. The Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (2018) extends the application of the Act to specifically address the key threatening process of seabird bycatch in oceanic longline fishing operations, aiming to reduce its effects on Australia's biodiversity. The plan is developed in consultation with stakeholders, including government, fishing industry representatives, and environmental non-governmental organisations, ensuring a balanced approach that considers diverse perspectives. While the plan provides a national strategy, its implementation may be further refined or specified through subordinate instruments, ensuring flexibility and responsiveness to emerging scientific data and technological advancements in fishing practices.

Key Provisions

The primary sections of the Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (2018) are concerned with establishing the framework and requirements for reducing the impact of bycatch on seabird populations. Section 270B of the Environment Protection and Biodiversity Conservation Act 1999 allows the Minister to make this plan, which is intended to provide a national strategy for addressing the key threatening process. The plan, developed in consultation with stakeholders and experts, outlines the necessary actions to mitigate the impact of longline fishing on seabirds (section 271). Regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000 also applies, ensuring that the plan aligns with broader regulatory objectives. The plan includes a series of research initiatives, management actions, and other measures designed to achieve the desired reduction in seabird bycatch. The obligations imposed by the plan primarily target government agencies, fishing industry participants, and research organisations. Government agencies are required to implement and enforce the measures outlined in the plan, ensuring that they align with the objectives of reducing seabird bycatch (section 270B). The fishing industry must adopt specified fishing practices and technologies designed to minimise bycatch, such as using bird-scaring lines or modifying gear to reduce the likelihood of seabird entanglement (section 271). Research organisations are tasked with conducting studies to further understand the impact of bycatch and to develop innovative solutions to the problem. All parties must comply with the regulations and guidelines set forth in the plan to ensure the effective protection of seabird populations. Breaches of the requirements outlined in the Threat Abatement Plan may result in both civil and criminal penalties. Under section 530 of the Environment Protection and Biodiversity Conservation Act 1999, individuals or entities that fail to comply with the plan can be subject to fines. The maximum penalty for a corporation can be up to $210,000 for each occurrence, while individuals may face fines of up to $33,000 for each occurrence. In more severe cases, particularly where there is evidence of deliberate non-compliance, criminal charges can be pursued, leading to potential imprisonment. The seriousness of the consequences underscores the importance of adhering to the plan's provisions to protect seabird populations and ensure compliance with national environmental standards.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
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Reporting & Disclosure Obligations
Consultation Requirements
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.