Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:1:p3
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 1 (pt 3/10)
Character Range: 42369–45465

threats. The review acknowledged the complexities in ensuring ongoing recovery of southern right whale. Across the distribution of the species within Australian waters, there is a wide range of partners and management capacities, and a range of increasing marine development pressures. As such, a Recovery Plan is necessary to guide planning processes and the research required to improve understanding of the southern right whale population and inform adaptive management and programs.

   1.2         Policy and management context

     1.2.1     Commonwealth legislation and management arrangements
The following are Commonwealth legislation, management plans and guidelines current at the time of writing this Recovery Plan (2024) that relate to the protection of southern right whales in Australian waters. Many of these relate to the EPBC Act, which is Australia's primary environmental legislation. Policy statements and guidelines, including new legislation and guidelines, are found on the EPBC Act policy statements webpage at: https://www.dcceew.gov.au/environment/epbc/publications.
EPBC Regulations and Australian Whale Sanctuary

The Australian Whale Sanctuary was established under Part 13 of the EPBC Act to provide formal recognition of the high level of protection and management for cetaceans found in Australian Commonwealth waters. Within the Australian Whale Sanctuary, it is an offence to kill, injure, take, trade, keep, move, or interfere with a cetacean. The Australian Whale Sanctuary encompasses the area of the Australian Exclusive Economic Zone (EEZ) outside state waters and generally extends 200 nautical miles from the coast. It also includes waters around the Australian Antarctic Territory, and external territories including Christmas, Cocos (Keeling), Lord Howe, Norfolk, Macquarie, and Heard and McDonald Islands.
Part 8 of the EPBC Regulations makes provision for the regulation of persons within the Australian Whale Sanctuary to minimise the impact of activities on cetacean populations within the Sanctuary.

Threatened species Recovery Plans and EPBC Act cetacean permits
The southern right whale is a listed Threatened (Endangered) and Migratory species under the EPBC Act, and is afforded additional measures of protection as a Cetacean under Part 13 of the EPBC Act, such as establishment of the Australian Whale Sanctuary. Current species listings are located on the Species Profile and Threats Database, found at http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl.
It is an offence to kill, injure, take, trade, keep or move listed threatened and migratory species in a Commonwealth area under Part 13 of the EPBC Act, unless the person taking the action holds a permit under the EPBC Act, or the activity is carried out in accordance with a state/territory or Commonwealth fishery plan of management accredited by the Commonwealth Minister responsible for the administration of the EPBC Act. This Recovery Plan was made under Part 13 s269 of the EPBC Act, and it is a legal requirement to 'not act inconsistently' with the objectives and