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 to reduce the impacts of tramp ants on biodiversity in Australia and its territories.
The threat abatement plan has been assessed and complies with s. 271 of the Act and reg. 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Stakeholders were consulted during the drafting of the threat abatement plan. The plan was also placed on public exhibition for three months as required under s. 275 of the Act, and public comments were invited. All comments were taken into account in finalising the plan.
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/trampant or from the Community Information Unit (ciu@deh.gov.au), 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.
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 (EPBC Act) was enacted to provide a comprehensive framework for the protection and conservation of Australia’s biodiversity, including threatened species and ecological communities. This Act addresses the need for coordinated environmental protection at a national level, ensuring that the Commonwealth meets its obligations to safeguard biodiversity from significant adverse impacts. The Act is administered by the Parliament of Australia and aims to integrate environmental considerations into decision-making processes across various sectors. This particular legislative instrument under the EPBC Act focuses on a specific problem: the impacts of tramp ants on Australia's biodiversity. The threat abatement plan introduced by this instrument aims to reduce these impacts by outlining necessary research, management, and other actions to mitigate the threat posed by tramp ants. The plan was developed in consultation with stakeholders and following public exhibition, ensuring it aligns with the requirements of the Act and provides a structured approach to addressing the identified threat.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals in Australia, imposing obligations to protect and conserve biodiversity, including threatened species and ecological communities. The Act extends its reach across the Commonwealth, states, territories, and national waters, ensuring a comprehensive approach to biodiversity conservation. This particular legislative instrument, which brings a threat abatement plan for tramp ants into force, specifically targets the negative impacts of tramp ants on native species and ecological communities, aiming to reduce these impacts to an acceptable level. The plan was developed following consultations with stakeholders and a public exhibition period, as mandated by the EPBC Act, and it aligns with the statutory requirements outlined in the Act and associated regulations. Although the threat abatement plan is designed to address a specific biodiversity threat, it does not detail exclusions, exemptions, or thresholds beyond the scope of tramp ants' impact on biodiversity. Any further specifics regarding application and enforcement may be outlined in subordinate instruments or regulations that extend or clarify the primary Act's provisions.
Key Provisions
The main operative sections of the instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) pertain to the establishment and implementation of the threat abatement plan to reduce the impacts of tramp ants on biodiversity in Australia and its territories (s. 270B). The plan, which was developed in accordance with section 271 of the Act and regulation 7.12 of the Environment Protection and Biodiversity Conservation Regulations 2000, seeks to address the key threatening process associated with tramp ants and their impact on native species and ecological communities. It was created following consultations with stakeholders, a public exhibition period, and the consideration of public comments. The Threatened Species Scientific Committee also recommended the plan as required by section 274 of the Act.
The Act imposes certain obligations on parties and entities to ensure the effective implementation of the threat abatement plan. This includes conducting research, implementing management strategies, and taking other necessary actions to reduce the impacts of tramp ants on biodiversity. The Commonwealth, in particular, has the responsibility to enforce the provisions of the plan and ensure that it is carried out effectively. The plan's provisions apply to all individuals and entities involved in activities that may impact native species and ecological communities affected by tramp ants.
Breaches of the threat abatement plan or any related provisions of the Act may result in both civil and criminal consequences. The maximum penalties for offences under the Act can vary depending on the nature and severity of the offence. For example, offences related to the protection of threatened species and ecological communities may result in fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as potential imprisonment terms. In addition, any person who knowingly or recklessly causes harm to native species or ecological communities may face further penalties under the Act.
It is essential for all parties and entities governed by the Act to be aware of their obligations and to comply with the provisions of the threat abatement plan. Failure to do so may result in legal consequences, including fines and potential imprisonment. The Australian Government Department of the Environment and Heritage provides further information on the threat abatement plan and related provisions of the Act, and it is advisable for all stakeholders to consult this information to ensure compliance.