Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of the Commonwealth of Australia to address the problem of the decline in Australia's biodiversity and to provide for the protection of the environment, particularly matters of national environmental significance. The EPBC Act serves as the primary legislative framework for the protection and management of the environment at a national level, including the conservation of threatened species and ecological communities. In this legislative instrument, the Minister for the Environment and Heritage, David Alistair Kemp, adopts specific recovery plans for listed threatened species from New South Wales and Queensland as part of the policy objective to enhance the protection and recovery of these species through collaborative state and federal efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in Australia governs the protection of the environment and biodiversity, with Section 269A providing a mechanism for the adoption of state recovery plans for listed threatened species. In this legislative instrument, the Minister for the Environment and Heritage, David Kemp, has adopted specific recovery plans for particular threatened species from New South Wales and Queensland. These plans, developed by state agencies such as the NSW National Parks and Wildlife Service and Queensland Parks and Wildlife Service, pertain to a range of species including Acacia pubescens, Bertya sp. Cobar-Coolabah, Eriocaulon carsonii, Amytornis textilis modestus, Gallirallus sylvestris, Corchorus cunninghamii, Cyclopsitta diophthalma coxeni, and several stream frog species. The adoption of these plans under the EPBC Act means they will be recognised as recovery plans for the purposes of the federal legislation, thereby integrating state conservation efforts with national biodiversity protection frameworks. These adopted plans will come into force on the date of signing of this instrument, which is the 13th day of October 2003.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a provision under section 269A that allows for the adoption of state recovery plans for listed threatened species. This specific legislative instrument, F2007B00396, executed on 13th October 2003 by Minister DAVID ALISTAIR KEMP, adopts recovery plans made by New South Wales and Queensland for certain threatened species. The adopted recovery plans include detailed strategies for the preservation and management of species such as Acacia pubescens, Bertya sp. Cobar-Coolabah, Eriocaulon carsonii, Amytornis textilis modestus, Gallirallus sylvestris from New South Wales, and Corchorus cunninghamii, Cyclopsitta diophthalma coxeni, and various stream frogs from Queensland. These plans outline specific actions necessary for the conservation of these species and are meant to complement the federal approach to environmental protection under the EPBC Act. Entities and parties governed by this legislation are required to adhere to the provisions outlined in the adopted recovery plans. This includes state governments, their agencies, and other relevant stakeholders who must implement the strategies and actions detailed within the recovery plans to ensure the conservation and recovery of the specified threatened species. The obligations include but are not limited to, habitat protection, population monitoring, and management of threats such as invasive species or human activities that could adversely affect these species. These plans are to be executed with the aim of ensuring the survival and recovery of the listed species within their natural habitats. Failure to comply with the adopted recovery plans may have legal implications. Although the specific legislative instrument does not detail offences, penalties, or civil/criminal consequences, breaches of the EPBC Act generally can result in significant penalties. Under the EPBC Act, offences can attract substantial fines; for corporations, the maximum penalty can be up to AUD 210,000 for a single offence and AUD 1.05 million for continuing offences. For individuals, the penalties can be up to AUD 21,000 for a single offence and AUD 105,000 for continuing offences. In addition to financial penalties, non-compliance may also result in other legal actions, including injunctions or orders to rectify environmental damage caused by the breach.