Stated purpose:
The purpose of this private senator’s bill is to introduce further measures for the protection and conservation of turtles and dugong species. The Bill amends the Environment Protection and Biodiversity Conservation Act 1999, the Great Barrier Reef Marine Park Act 1975, the Australian Border Force Act 2015, the Australian Federal Police Act 1979, and the Great Barrier Reef Marine Park Regulations 1983.
Native title implications:
The Bill proposes amendments to the Great Barrier Reef Marine Park Regulations 1983 to make changes to the rules governing the accreditation and funding process for traditional use of marine resource agreements (TUMRAs). TUMRAs are formal agreements developed by Traditional Owner groups outlining their intention to manage traditional use activities on their sea country in partnership with the Australian and Queensland governments. Traditional Owner groups incorporate limitations on the hunting of turtles and dugong into TUMRAs.
The Bill requires Traditional Owners to describe the method by which the harvesting of protected species will be undertaken. Additionally, the TUMRAs accreditation by the Great Barrier Reef Marine Park Authority will be contingent on the following conditions:
The harvesting methods proposed by Traditional Owners are considered humane;
The relevant population of each protected species will be able to sustain any proposed harvesting.
Humane harvesting is satisfied if it is undertaken in a manner that causes the animal as little pain as is reasonable. Acts that are not considered humane include:
Injuring the animal to stop it escaping after it has been caught;
Injuring the animal or prolonging its life to attract another animal;
Taking flesh from the animal for human consumption before the animal is dead;
Doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation.
Relevant Provisions:
Great Barrier Reef Marine Park Act 1975
After subsection 39ZA(2)
Insert:
(3) An agreement or arrangement under subsection (1) must include a requirement relating to how the community group will ensure the recovery and continued protection and conservation of species and ecological communities listed in paragraph 39Y(b), including but not limited to:
(a) species in the genus Dugong (dugong);
(b) species in the family Cheloniidae (marine turtles); and
(c) species Dermochelys coriacea (leatherback turtles).
(4) If the Authority is not satisfied that the community group has met the requirement in subsection (3), the Authority may, at any time:
(a) refuse to approve an agreement or arrangement;
(b) request that the community group provide additional information in relation to compliance with the requirement; or
(c) terminate an agreement or arrangement.
Great Barrier Reef Marine Park Regulations 1983
Paragraph 89D(1)(e)
Repeal the paragraph, substitute:
(e) describe the animal species proposed to be harvested and, if those species include 1 or more protected species:
(i) how many specimens of each protected species is proposed to be harvested; and
(ii) the method (or methods) by which the harvesting of each protected species is proposed to be undertaken; and
Paragraph 89D(1)(g)
Repeal the paragraph, substitute:
(g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about:
(i) the take of protected species; and
(ii) the method (or methods) by which the harvesting of protected species has been undertaken; and
After paragraph 89F(e)
Insert:
(ea) whether the method (or methods) by which the harvesting of each protected species is proposed to be undertaken is humane; and
After subregulation 89G(3)
Insert:
(3A) The Authority must not accredit a TUMRA unless it is satisfied that:
(a) the relevant population of each protected species will be able to sustain any proposed harvesting; and
(b) the proposed harvesting of each protected species will be undertaken in a humane manner.
Note: For information about protected species, see regulation 29.
(3B) For the purposes of paragraph (3A)(b), harvesting of a protected species is undertaken in a humane manner if it is done in a way that causes the animal as little pain as is reasonable.
Note: For information about protected species, see regulation 29.
(3C) For the purposes of subregulation (3B), the following acts or omissions are taken not to cause the animal as little pain as is reasonable:
(a) injuring the animal to stop it escaping after it has been caught;
(b) injuring the animal or prolonging its life to attract another animal;
(c) taking flesh from the animal for human consumption before the animal is dead;
(d) doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation.
Examples: Acts such as tethering a dying dugong to attract other dugongs, cutting pieces of meat from a turtle to eat before a turtle has died, and storing a turtle for extended period on its back without adequate food and water so that it dies are taken not to cause the animal as little pain as is reasonable.
At the end of Part 2B
Add:
Division 2B.6—Funding of TUMRA
89V TUMRA development funding
(1) The Authority must not provide funding to develop a TUMRA unless satisfied that consideration of the welfare and conservation of protected species will form an integral part of the development process.
Note: For information about protected species, see regulation 29.
(2) To avoid doubt, subsection (1) does not prevent the Authority considering any other matter in assessing an application for TUMRA development funding.
89W TUMRA implementation funding
(1) The Authority must not provide funding to implement a TUMRA unless satisfied that the welfare and conservation of protected species is likely to benefit from the provision of the funding.
Note: For information about protected species, see regulation 29.
(2) To avoid doubt, subsection (1) does not prevent the Authority considering any other matter in assessing an application for TUMRA implementation funding.
For further information see the Explanatory Memorandum and the Second Reading Speech.