Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:2:p42
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 2 (pt 42/48)
Character Range: 178313–182863

-  Whaling ◊
                                                                                                                                                                                                        -  Prey depletion from overfishing ◊
Rare or unknown            -   Prey depletion: from seismic survey

  * Given the behavioural impacts on southern right whales are largely unknown, a precautionary approach is applied regarding the assignation of possible      consequences.
◊ Threat occurs outside of Australian waters.
Table 5 Eastern southern right whale population residual risk matrix.
Likelihood of Occurrence  Consequences

Not significant           Minor                                                 Moderate                                             Major                                                               Catastrophic

Almost certain             -    Anthropogenic underwater noise: aircraft noise   -   Anthropogenic underwater noise: vessel noise *   -     Anthropogenic underwater noise; industrial noise *            -   Entanglement: active fishing or aquaculture equipment
                                                                                 -   Collision; whale-watching                        -     Habitat degradation; infrastructure of coastal development    -   Collision: vessel strike
                                                                                 -   Collision; recreational vessels                  -     Habitat degradation; infrastructure of offshore development   -   Anthropogenic climate variability and change
                                                                                 -   Pollution: chronic chemical pollution
                                                                                 -   Entanglement: marine debris
Likely                                                                           -   Pollution: EMF *                                 -     Anthropogenic underwater noise: seismic surveys
Possible
Unlikely                                                                         -   Pollution: acute chemical discharge                                                                                  -   Whaling ◊
                                                                                                                                                                                                          -   Prey depletion from overfishing ◊
Rare or unknown            -    Prey depletion from seismic surveys

  * Given the behavioural impacts on southern right whales are largely unknown, a precautionary approach is applied regarding the assignation of possible consequences.
◊ Threat occurs outside of Australian waters.

   3.12   Key considerations for environmental impact assessment processes
This Recovery Plan outlines the key anthropogenic threats and management actions needed to assist the recovery of southern right whales and should be considered when assessing the impact of proposed actions, particularly within BIAs and HCTS. Underlying this is consideration of the principles of ecologically sustainable development, as outlined under s3A of the EPBC Act. In particular, the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making, and environmental considerations should be properly and equally valued in association with economic and social considerations.
Another key consideration is the EPBC Act Significant Impact Guidelines 1.1 – Matters of National Environmental Significance 2013, which provide overarching guidance on determining whether an action is likely to have a significant impact on a listed threatened species. For southern right whales, actions that interfere with the recovery of the species will ultimately have a significant impact. Further guidance on key environmental factors to identify and manage impacts to the environment for the offshore renewable energy industry can be found in the Key environmental factors for offshore windfarm environmental impact assessment under the Environmental Protection and Biodiversity Conservation Act 1999.

      3.12.1          Context of species recovery for environmental impact assessments
The southern right whale is an Endangered species under the EPBC Act due to severely reduced population numbers by historical commercial whaling in the 19th century (particularly mid 1800's), and was considered almost extinct in Australia in the first half of