Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Adoption of State Plans as Recovery Plans (14/07/2001)

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Commonwealth of Australia

 

Declaration under s269A of the

Environment Protection and Biodiversity Act 1999

 

I, ROBERT MURRAY HILL, Minister for the Environment and Heritage, in pursuance of s269A of the Environment Protection and Biodiversity Conservation Act 1999, hereby

declare that the following Recovery Plans (23):

 

New South Wales (2)

Recovery Plan for the Somersby Mintbush Prostanthera junonis 2000-2005, prepared by

NSW National Parks and Wildlife Service Recovery Planning Program, (2000);

 

Recovery Plan for the Southern Corroboree Frog (Pseudophryne corroboree) prepared by

NSW National Parks and Wildlife Service (November 2000)

 

Queensland (3)

Recovery Plan for the Northern Bettong Bettongia tropica 2000-2004, prepared by Dr

Andrew Dennis with the Northern Bettong Recovery Team, Queensland Parks and

Wildlife Service, (2001);

 

Recovery plan for the Bridled Nailtail Wallaby (Onychogalea fraenata) 1997-2002,

prepared by Geoff Lundie-Jenkins for the Bridled Nailtail Wallaby Recovery Team,

Queensland Parks and Wildlife Service (2001);

 

Recovery plan for cave-dwelling bats, Rhinolophus philippinensis, Hipposideros semoni

and Taphozous troughtoni 2001–2005 prepared by Mr Bruce Thompson, Dr Chris Pavey and

Mr Terry Reardon in collaboration with the cave-dwelling bats recovery team, Queensland

Parks and Wildlife Service (2000).

 

South Australia (2)

Recovery Plan for the Mt Lofty Ranges Southern Emu-Wren (Stipiturus malachurus

intermedius) 1999-2003 compiled by the Mt Lofty Ranges Southern Emu-Wren Recovery

Team, Conservation Council of South Australia (1998).

 

Pygmy Bluetongue Lizard (Tiliqua adelaidensis) Recovery Plan compiled by Tim Milne, Flinders University of South Australia, Mark Hutchinson and Sylvia Clarke of the South Australian Museum, Adelaide, South Australia (November 2000).

 

Tasmania (1)

Burrowing Crayfish (Engaeus) Group Recovery Plan 2001-2005 prepared by Niall Doran, Threatened Species Unit, Parks and Wildlife Service, Department of Primary Industry,

Water and the Environment (November 1999).

 

Victoria (1)

Recovery Plan for the Bald-tip Beard Orchid Calochilus richiae Nichols prepared by Sue Berwick, Adrian Moorrees and Fiona Coates, Department of Natural Resources &

Environment, Victoria (March 2000).

 


Western Australia (14)

Mallee Box (Eucalyptus cuprea) Interim Recovery Plan 1999-2002 by Rebecca Evans,

Andrew Brown, and Val English, August 1999;

 

Split leaved Grevillea (Grevillea althoferorum) Interim Recovery Plan 1999-2002 by

Sheila Hamilton-Brown, and Val English, July 1999;

 

Ironstone Grevillea (Grevillea elongata) Interim Recovery Plan 1999-2002 by Robyn

Phillimore, Gillian Stack and Val English, January 2000;

 

Spreading Grevillea (Grevillea humifusa) Interim Recovery Plan 1999-2002 by Gillian

Stack and Val English, April 1999;

 

McCutcheon’s Grevillea (Grevillea maccutcheonii) Interim Recovery Plan 1999-2002 by

Robyn Phillimore and Diana Papenfus, December 1999;

 

Pungent Jacksonia (Jacksonia pungens ms) Interim Recovery Plan 1999-2002 by Rebecca

Evans and Val English, June 1999;

 

Western Prickly Honeysuckle (Lambertia echinata subsp. occidentalis) Interim Recovery Plan 1999-2002 by Gillian Stack, Rebecca Evans and Val English, July 1999;

 

Wing-fruited Lasiopetalum (Lasiopetalum pterocarpum ms) Interim Recovery Plan 1999 –

2002 by Gillian Stack, and Val English, June 1999;

 

Small-flowered snottygobble (Persoonia micranthera) Interim Recovery Plan 1999-2002

by Rebecca Evans, Sarah Barrett and Andrew Brown, November 1999;

 

Trigwell’s Rulingia (Rulingia sp. Trigwell Bridge) Interim Recovery Plan 1999-2002 by

Gillian Stack, Rebecca Evans, and Val English, July 1999;

 

Quartz-loving Synaphea (Synaphea quartzitica) Interim Recovery Plan 1999-2002 by

Gillian Stack and Val English, December 1999;

 

Cinnamon Sun Orchid (Thelymitra manginii ms) Interim Recovery Plan 1999-2002 by

Robyn Phillimore, Andrew Brown and Val English, November 1999;

 

Green Hill Thomasia (Thomasia sp. Green Hill) Interim Recovery Plan 1999-2002 by

Rebecca Evans and Val English, April 1999;

 

Scaly-leaved Featherflower (Verticordia spicata subsp. squamosa) Interim Recovery Plan

1999-2002 by Robyn Phillimore and Val English, November 1999.

 

 

are adopted as Recovery Plans under this Act.

 

Dated this 14th day of July 2001.

 

ROBERT HILL

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly matters of national environmental significance, and to establish a framework for the recovery of threatened species and ecological communities. This Act aims to ensure that environmental protection is integrated into decision-making processes and to promote the sustainable use of natural resources. The EPBC Act addresses the problem of declining biodiversity and the need for coordinated recovery efforts across different jurisdictions by providing a national legal framework. The policy objective of the Act is to conserve Australia's biodiversity and ecological heritage, while also allowing for sustainable development. Under the authority of the Act, the Minister for the Environment and Heritage can declare adopted recovery plans for threatened species, facilitating a collaborative approach to species conservation across various states and territories.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to actions impacting matters of national environmental significance, which include listed threatened species, their habitats, and ecological communities. The Act extends to all territories and areas under the legislative authority of the Commonwealth, including offshore places. The declaration made by the Minister for the Environment and Heritage, pursuant to section 269A of the EPBC Act, adopts specific recovery plans for various threatened species across different states and territories in Australia. These recovery plans, which are prepared by authorised state and territory agencies, outline strategies for the conservation and recovery of specified species and their habitats. The declaration signifies the formal adoption of these plans under the EPBC Act, thereby providing a legal framework for their implementation and compliance. This legislative instrument does not introduce new exclusions or exemptions but relies on the existing provisions of the EPBC Act to govern the application and enforcement of the recovery plans.

Key Provisions

The operative sections of this legislation declare the adoption of various recovery plans for different threatened species across Australia. Section 269A of the Environment Protection and Biodiversity Conservation Act 1999 allows the Minister for the Environment and Heritage to declare the adoption of recovery plans that have been prepared for specific threatened species. In this case, the Minister has adopted 23 recovery plans for species from New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. These plans outline strategies for the recovery and management of these species, specifying the actions needed to improve their conservation status and ensure their survival. The obligations imposed by this Act on the parties or entities it governs include the adherence to the recovery plans adopted for the listed species. This means that government agencies, environmental bodies, and other stakeholders involved in the conservation and management of these species must follow the guidelines and strategies outlined in the recovery plans. These plans typically detail habitat protection measures, breeding programs, population monitoring, and other actions necessary to support the recovery of the species. The entities must ensure that these plans are implemented effectively and that progress is monitored and reported as required. There are no explicit offences, penalties, or civil/criminal consequences outlined in this specific legislative instrument for breach of the recovery plans. However, failure to comply with the recovery plans adopted under the Environment Protection and Biodiversity Conservation Act 1999 could potentially lead to legal consequences. The Act provides for various enforcement mechanisms, including fines and imprisonment, for breaches of the Act and its regulations. The penalties for non-compliance can vary significantly depending on the nature and severity of the breach, with maximum fines and imprisonment terms outlined in the primary Act and its subsidiary legislation.

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