EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 269A(7)
(Issued under the Authority of the Minister for the Environment and Heritage)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and to ensure recovery plans are in force under the Act.
The purpose of this instrument is to ensure the following recovery plans are in force in accordance with s269A of the Act:
New South Wales
- Irenepharsus tryherus (Illawarra Irene) Recovery Plan
- Daphnandra sp. C ‘Illawarra’ (Illawarra Socketwood) Recovery Plan
- Zieria granulata (Illawarra Zieria) Recovery plan
Australian Capital Territory
4. Recovery Plan for Ginninderra Peppercress (Lepidium ginninderrense)
Northern Territory
5. National Multi-species Recovery Plan for the Carpentarian Antechinus (Pseudantechinus mimulus), Butler’s Dunnart (Sminthopsis butleri), and Northern Hopping-mouse (Notomys aquilo) 2004 - 2008
6. National Multi-species Recovery Plan for the Partridge Pigeon (eastern) (Geophaps smithii smithii), Crested Shrike-tit (northern) (Falcunculus frontatus whitei), Masked Owl (northern) (Tyto novaehollandiae kimberli) and the Masked Owl (Tiwi Islands) (Tyto novaehollandiae melvillensis) 2004 - 2008
The plans have been assessed and comply with s. 270 of the Act and r. 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.
These plans provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species so that its chances of long-term survival in nature are maximised. All plans were placed on public exhibition, as required under s. 277(1)(a) of the Act, and comments were invited from the public. All comments were taken into account in finalising the plans.
The information in these recovery plans enabled the Threatened Species Scientific Committee to recommend the adoption of these plans as required under s. 274 of the Act.
The recovery plans are available electronically from the Australian Government Department of the Environment and Heritage at www.deh.gov.au/biodiversity/threatened/recovery/index.html or from the Community Information Unit, Australian Government Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
In accordance with section 273 (1A) of the Environment Protection and Biodiversity Conservation Act 1999 these recovery plans came into force on the date specified in the instrument.
For the purposes of subsection 12(2) of the Legislative Instruments Act 2003, the rights and liabilities of a person other than the Commonwealth have not been adversely affected by the retrospective commencement of the Plans.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection and management of the environment, particularly focusing on threatened species and ecological communities. This Act was designed to address the gaps in environmental protection by placing certain obligations on the Commonwealth to conserve biodiversity and ensure that recovery plans are in force for threatened species. The EPBC Act was enacted by the Australian Parliament to provide a coordinated approach to the protection of the environment, recognising the role of the Commonwealth in protecting matters of national environmental significance. The policy objective of the Act is to promote the sustainable use, development, and conservation of the natural environment, and to provide for the recovery of threatened species and ecological communities. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, ensures that specified recovery plans are in force in accordance with the EPBC Act, aiming to halt the decline and support the recovery of listed threatened species to maximise their chances of long-term survival.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the Commonwealth and imposes specific obligations to protect and conserve threatened species and ecological communities, as well as ensuring the existence of recovery plans for such species. The Act's jurisdictional reach is national, encompassing various species and ecological communities across different states and territories of Australia. This instrument specifically ensures that certain recovery plans are in force, such as the New South Wales Irenepharsus tryherus (Illawarra Irene) Recovery Plan and the National Multi-species Recovery Plan for the Carpentarian Antechinus, Butler's Dunnart, and Northern Hopping-mouse. These plans, which are required under section 269A of the Act, provide the necessary research and management actions to halt the decline of these threatened species and support their recovery. Each plan was subject to public exhibition and comment, ensuring transparency and community involvement in the process. These recovery plans were assessed and comply with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Key Provisions
The main operative sections of this instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) are sections 269A, 270, 274, and 277, which establish the framework for recovery plans for threatened species and ecological communities. Section 269A mandates that recovery plans must be in force for specified species, while section 270 details the contents of these plans, ensuring they encompass necessary research and management actions. Section 274 requires the Threatened Species Scientific Committee to recommend these plans for adoption, and section 277 mandates public exhibition of the plans and incorporation of public comments. These provisions work together to ensure that comprehensive and community-informed recovery plans are developed and implemented for the protection of endangered species.
The obligations imposed by the Act on the parties involved, particularly the Commonwealth, include the responsibility to protect and conserve threatened species and ecological communities, as well as ensuring that recovery plans are in force and effective. This involves conducting thorough assessments of the species’ status, drafting detailed recovery plans, and facilitating public consultation to gather input on these plans. The Commonwealth is also required to ensure that these plans are reviewed and updated as necessary to reflect the latest scientific findings and management strategies. Additionally, the Act mandates the Threatened Species Scientific Committee to review and recommend these plans, ensuring they meet the necessary standards and are scientifically sound.
Failure to comply with the provisions of the Act and the recovery plans can result in significant legal consequences. Under section 477 of the Act, breaches of the Act or the regulations can lead to civil penalties, including fines of up to $666,000 for individuals and $3.33 million for corporations. Additionally, criminal offences may apply, resulting in penalties of up to $222,000 for individuals and $1.11 million for corporations, as well as imprisonment for up to two years. These penalties underscore the seriousness with which the Act treats non-compliance and the importance of adhering to the prescribed recovery plans to protect threatened species and their habitats.