EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
Environment Protection and Biodiversity Conservation Act 1999
Threat abatement plan to reduce the impacts on northern Australia’s biodiversity by the five listed grasses
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection of native species and ecological communities impacted by key threatening processes.
Background
Part 13, Division 5, Subdivision A of the Act provides for the making, or adoption of, threat abatement plans in relation to key threatening processes, which bind the Commonwealth and Commonwealth agencies.
Section 270B of the Act provides that the Minister may make a threat abatement plan for the purpose of reducing the effect of a key threatening process if the Minister’s most recent decision under section 270A is to have a threat abatement plan for the process.
On 6 September 2009 the former Minister for the Environment, 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 titled ‘Ecosystem degradation, habitat loss and species decline due to invasion of northern Australia by introduced gamba grass (Andropogon gayanus), para grass (Urochloa mutica), olive hymenachne (Hymenachne amplexicaulis), mission grass (Pennisetum polystachion) and annual mission grass (Pennisetum pedicellatum) (the threatening process).
Purpose of the Threat Abatement Plan
The Minister has made the Threat abatement plan to reduce the impacts on northern Australia’s biodiversity by the five listed grasses (the Plan) for the purpose of reducing the effects of the threatening process on northern Australia’s biodiversity. The Plan provides a framework for prioritising investment in threat abatement and identifies management and other actions required to ensure the long-term survival of native species and ecological communities affected by these grasses. 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 (Cth).
Consultation
Section 270B(5) of the Act provides that before making a threat abatement plan, the Minister must:
- consult about the Plan and consider public comments in accordance with sections 275 and 276 of the Act;
- consider the advice of the Threatened Species Scientific Committee (the Committee) in accordance with section 274 of the Act; and
- consult the appropriate Minister of each state and self-governing territory in which the process occurs with a view to taking the views into account in making the Plan.
The draft Plan was placed on public exhibition in accordance with section 275 of the Act. A notice was published in the Commonwealth of Australia Gazette and The Australian newspaper inviting people to make written comments about the Plan. The period for public comment was three months from 17 August 2011 to 21 November 2011. Twenty-five responses were received, of which 20 were submissions. The majority of comments on the draft Plan were supportive, although concerns were raised about lack of funding, duplication of effort, inclusion of important pasture species and exclusion of other species with similar impacts. All comments received on the draft Plan were taken into account in revising and finalising the Plan.
The Minister obtained and considered the advice of the Committee in accordance with section 274 of the Act. The Committee recommended that the Plan be made by the Minister under section 270B of the Act.
The appropriate ministers of Western Australia, Queensland and the Northern Territory (being the states and self-governing territories in which the threatening process occurs) were consulted for their views on the Plan in accordance with section 270B(5) of the Act.
Compatibility with Human Rights
This legislative instrument does not engage any of the applicable rights or freedoms. This 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.
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 telephone on 1800 803 772.
The Plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The Plan came into force on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: section 270B of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).