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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the problem of biodiversity loss and the need for effective management of activities that may threaten the environment. The Act is administered by the Australian Parliament and aims to promote the sustainable use of natural resources while protecting the environment from significant degradation. In 2014, a variation was made to the Threat Abatement Plan 2006 for the incidental catch of seabirds during oceanic longline fishing operations. This variation replaced the original plan with the Threat Abatement Plan 2014, which aims to mitigate the impact of this key threatening process on seabird populations. The revised plan was introduced by Greg Hunt, the Minister for the Environment, under section 279 of the Act and will come into force upon registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) encompasses a broad range of provisions designed to protect and conserve the environment, with Section 279 specifically addressing the variation of threat abatement plans. The Act applies to entities and individuals involved in activities that may threaten the environment, particularly those identified under the list of key threatening processes. In this instance, the Act targets oceanic longline fishing operations that have been identified as causing the incidental catch or bycatch of seabirds. The geographical reach of the Act is national, given its Commonwealth jurisdiction, and it applies to all fishing activities within Australian waters and those of its territories. The revised Threat Abatement Plan 2014, replacing the 2006 plan, is designed to mitigate the impact of such fishing operations on seabird populations. The Act does not specify exclusions or exemptions within the text provided, but it is understood that the implementation and enforcement of the threat abatement plans may be subject to additional regulations or guidelines issued under the authority of the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) includes Section 279, which pertains to the variation of a Threat Abatement Plan (TAP). Specifically, Section 279 enables the Minister for the Environment to review and revise existing TAPs in response to emerging threats or updated information. In this case, the Minister has reviewed the Threat Abatement Plan 2006 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations, and has decided to replace it with the revised Threat Abatement Plan 2014. This new plan aims to address the same issue but with updated strategies and measures to better mitigate the threat posed by this activity to seabirds. Under the Act, the revised Threat Abatement Plan 2014 will impose obligations on parties involved in oceanic longline fishing operations, requiring them to implement the measures outlined in the plan to minimise the incidental catch of seabirds. This may include specific fishing techniques, gear modifications, or operational changes designed to reduce seabird bycatch. The Department of the Environment is tasked with ensuring that these measures are adhered to and will likely provide guidance, training, and support to fishers to facilitate compliance. Additionally, the Act mandates that the Department monitor and report on the effectiveness of the plan, ensuring that it continues to meet its objectives. Failure to comply with the provisions of the Threat Abatement Plan 2014 can result in both civil and criminal consequences. Under the Act, non-compliance may be subject to enforcement actions, including fines and other penalties. For instance, Section 528 of the Act allows for the imposition of substantial financial penalties for breaches of the TAP, with maximum penalties varying based on the severity and frequency of the breach. In criminal cases, individuals or entities found guilty of serious or repeated breaches may face additional penalties, including imprisonment. These measures are designed to ensure that parties involved in oceanic longline fishing operations take the necessary steps to protect seabirds and comply with the requirements of the revised Threat Abatement Plan 2014.