New Southern Right Whale Recovery Plan introduced
A new Environment Protection and Biodiversity Conservation (EPBC) Act National Recovery Plan for the Southern Right Whale has been registered and will come into effect tomorrow (31 July 2024).
The Recovery Plan - Environment Protection and Biodiversity Conservation (National Recovery Plan for the Southern Right Whale (Eubalaena australis)) Instrument 2024 - was issued by the Commonwealth Minister for Environment, the Hon. Tanya Plibersek MP and replaces the previous Southern Right Whale Conservation Management Plan 2011-2021.
The new Recovery Plan for the Southern Right Whale includes recovery objectives, biological and ecological information and specific conservation and management actions to promote recovery, some of which are relevant to environmental management of offshore energy activities regulated by NOPSEMA.
Recovery plans are legislative instruments made under the EPBC Act to guide recovery of listed threatened species.
Under NOPSEMA’s EPBC Act-endorsed environmental management authorisations Program, NOPSEMA is prevented from accepting an Environment Plan or Offshore Project Proposal that is inconsistent with a recovery plan for a listed threatened species or ecological community.
It is therefore critical that proponents and titleholders include in their permissioning documents, appropriate content that is supported by relevant scientific information, evidence and reasoning to demonstrate their project or activity would not be inconsistent with the new Recovery Plan for the Southern Right Whale if permitted to proceed.
This requirement takes effect from 31 July 2024. Proponents and titleholders with documents currently within the assessment process can therefore expect that NOPSEMA will be seeking additional information to support assessments and decision-making in relation to projects and activities that generate impacts and risks to the Southern Right Whale.
Documents that are currently being prepared or, are back with proponents and titleholders after receiving NOPSEMA feedback, should detail the necessary consideration of the new Recovery Plan for the Southern Right Whale before being (re)submitted.
NOPSEMA encourages titleholders to discuss their specific circumstances and seek advice from NOPSEMA to ensure alignment on approach to addressing the new requirements associated with the new Recovery Plan.
A copy of the new Recovery Plan can be accessed at the Federal Register of Legislation on the Australian Government website.