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:
Australian Capital Territory
- Recovery Plan for Tuggeranong Lignum (Muehlenbeckia tuggeranong)
- Recovery Plan for a sub-alpine herb (Gentiana baeuerlenii)
New South Wales
3. Beadle's Grevillea (Grevillea beadleana) Recovery Plan
4. Caladenia arenaria Fitzg. Recovery Plan
5. Grevillea caleyi R. Br. (Proteaceae) Recovery Plan
6. Eastern Suburbs Banksia Scrub Endangered Ecological Community Recovery Plan
7. Eastern (Freshwater) Cod (Maccullochella ikei) Recovery Plan
8. Ripple-leaf Muttonwood (Rapanea species A Richmond River) Recovery Plan
9. Nightcap Oak (Eidothea hardeniana) Recovery Plan
Northern Territory
10. Recovery Plan for the Golden Bandicoot Isoodon auratus and Golden-backed Tree-rat Mesembriomys macrurus 2004-2009
Western Australian
11. One-headed Smokebush (Conospermum densiflorum subsp. unicephalatum ) Interim Recovery Plan 2004-2009
12. Three Springs Daviesia (Daviesia bursarioides) Interim Recovery Plan 2004-2009
13. Morseby Range Drummondita (Drummondita ericoides) Interim Recovery Plan 2004-2009
14. Paynes Find Mallee (Eucalyptus crucis subsp. praecipua) Interim Recovery Plan 2004-2009
15. Dandaragan Mallee (Eucalyptus dolorosa) Interim Recovery Plan 2004-2009
16. Spiral Flag (Patersonia spirafolia) Interim Recovery Plan 2004-2009
17. Hughan’s Featherflower (Verticordia hughanii) Interim Recovery Plan 2004-2009
18. Granite Featherflower (Verticordia Staminosa subsp. cylindracea Var. cylindracea) Interim Recovery Plan 2004-2009
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 their chances of long-term survival in nature are maximised.
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.
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 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive legal framework to protect and conserve Australia's biodiversity, including threatened species and ecological communities. This Act, overseen by the Commonwealth Parliament, aims to ensure that recovery plans are in force for species at risk of extinction, thereby facilitating their recovery and long-term survival. The Act's policy objective is to maintain and enhance Australia's biodiversity through the preservation of threatened species and ecological communities, ensuring sustainable ecological processes. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, formalises the adoption of specific recovery plans for various threatened species across different states and territories, ensuring compliance with the Act and relevant regulations. Public consultation was integral to the development of these plans, with all feedback considered in their finalisation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and individuals within the Commonwealth of Australia, including the Federal Government, companies, and individuals, imposing obligations to protect and conserve threatened species and ecological communities. This legislation extends to actions, conduct, and transactions that may impact biodiversity, thereby affecting numerous industries and sectors. The Act has a national jurisdictional reach, governing matters that may transcend state and territory boundaries, particularly when they involve listed migratory species, Ramsar wetlands, or World Heritage properties. Notably, the Act does not apply to matters solely within the jurisdiction of a State or Territory unless they involve actions that have, or are likely to have, a significant impact on matters of national environmental significance. The Act's application may be extended or restricted through subordinate instruments, which may provide additional details or exemptions regarding specific species or ecological communities. The recovery plans mentioned in the instrument are instrumental in guiding the management and research actions necessary to prevent the decline of and support the recovery of listed threatened species, ensuring their long-term survival in nature.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) pertain to the establishment and enforcement of recovery plans for threatened species and ecological communities. Section 269A specifies that the Act requires the Commonwealth to ensure specific recovery plans are in force. This includes the recovery plans for the Tuggeranong Lignum and Gentiana baeuerlenii in the Australian Capital Territory, various species in New South Wales such as Beadle's Grevillea and Caladenia arenaria, and several species and ecological communities in the Northern Territory, Western Australia, and other regions. These plans are designed to halt the decline of listed species and support their recovery to maximise their chances of long-term survival in nature (s. 269A(7)).
The Act imposes specific obligations on the parties and entities it governs. Section 270 mandates that recovery plans must be assessed and comply with the requirements of the Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The Act also requires that these plans be placed on public exhibition under section 277(1)(a) to invite public comments, which must be taken into account in finalising the plans (s. 277(1)(a)). Furthermore, the Threatened Species Scientific Committee must recommend the adoption of these plans in accordance with section 274 of the Act. The Minister for the Environment and Heritage is responsible for ensuring these plans are in force as stipulated in section 269A(1A).
Breaches of the obligations and requirements set forth in the Act can result in both civil and criminal consequences. While the Act does not explicitly detail penalties in this specific instrument, breaches of the Act generally can lead to substantial penalties. For corporations, the maximum penalty can be up to $210,000 under section 511 for serious and repeated breaches. For individuals, the maximum penalty can be up to $66,000 or imprisonment for up to five years, or both, under section 512. Additionally, civil penalties can be imposed for breaches of the Act, with the amount determined by the court based on the severity and nature of the breach. The Act also provides for enforcement actions, including injunctions and court orders, to ensure compliance with the recovery plans and the Act's provisions.