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
Davidson’s Plum (Davidsonia jerseyana) Recovery Plan
Western Australia
Western Swamp Tortoise (Pseudemydura umbrina) Recovery Plan
Dibbler (Parantechinus apicalis) Recovery Plan 2003-2013
Large-Fruited Tammin Wattle (Acacia ataxiphylla subsp. magna) Interim Recovery Plan 2003-2008
Hairy-Stemmed Zig-Zag Wattle (Acacia subflexuosa subsp. capillata) Interim Recovery Plan 2003-2008
Tangle Wattle (Acacia volubilis) Interim Recovery Plan 2003-2008
Swamp Starflower (Calytrix breviseta subsp. breviseta) Interim Recovery Plan 2004-2009
Matted Centrolepis (Centrolepis caespitosa) Interim Recovery Plan 2004-2008
Whicher Range Dryandra (Dryandra squarrosa subsp. argillacea) Interim Recovery Plan 2004-2009
Blue Babe-In-The-Cradle Orchid (Epiblema grandiflorum var. cyaneum ms) Interim Recovery Plan 2004-2009
Eneabba Mallee (Eucalyptus impensa) Interim Recovery Plan 2004-2009
Meelup Mallee (Eucalyptus phylacis) Interim Recovery Plan 2004-2009
White-Flowered Philotheca (Philotheca basistyla) Interim Recovery Plan 2004-2009
Northampton Midget Greenhood (Pterostylis Sp. Northampton) Interim Recovery Plan 2004-2009
Mountain Villarsia (Villarsia calthifolia) Interim Recovery Plan 2004-2009
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, enacted by the Australian Parliament, aims to protect and conserve threatened species and ecological communities and ensure the implementation of recovery plans. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, facilitates the formal establishment of several recovery plans as required by section 269A of the Act. These plans encompass species such as the New South Wales Davidson’s Plum and various Western Australian species, including the Western Swamp Tortoise, Dibbler, and several wattle and orchid species, among others. Each plan has been rigorously assessed to comply with sections 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. Public consultation was undertaken, and the plans were finalised with all comments considered. The Threatened Species Scientific Committee recommended the adoption of these plans as required under section 274 of the Act. These recovery plans, which are available electronically and via other means, outline the necessary research and management actions to halt the decline and support the recovery of the listed threatened species, maximising their chances of long-term survival in the wild.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 is a Commonwealth Act that places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, as well as to ensure that recovery plans are in force under the Act. This Act applies to the federal level and impacts on entities, industries, and conduct that may affect listed threatened species and their habitats. The Act ensures the implementation of recovery plans for specific species across various states, including New South Wales and Western Australia, as detailed in the accompanying instrument. The recovery plans mentioned in the instrument, which have been placed on public exhibition and incorporate public feedback, are instrumental in guiding the research and management actions necessary to halt the decline of and support the recovery of these threatened species, thereby maximising their chances of long-term survival in nature. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, ensures that these recovery plans are in force in accordance with the Act, and these plans are available for public access and consultation.
Key Provisions
The main operative sections of this instrument are those that pertain to the establishment and enforcement of recovery plans for specific threatened species and ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 269A(7) of the Act provides the authority for the Minister to issue legislative instruments to ensure that recovery plans are in force for specified species. The recovery plans listed in this instrument, such as the New South Wales Davidson’s Plum Recovery Plan and the Western Australia Western Swamp Tortoise Recovery Plan, are established in accordance with section 269A of the Act. These plans detail the necessary research and management actions to halt the decline of these species and support their recovery, ensuring their long-term survival in nature.
The Act imposes several obligations on the parties and entities it governs. Firstly, the Act requires that recovery plans for threatened species be developed, assessed, and made publicly available. This is detailed in section 270 and section 277(1)(a) of the Act, which mandates that recovery plans must comply with specified criteria and be subject to public consultation. The recovery plans must also be finalised after considering all public comments. Additionally, section 274 of the Act requires that the Threatened Species Scientific Committee recommend the adoption of these plans. The obligations also include the continuous monitoring and review of these plans to ensure their effectiveness in meeting the conservation objectives for the listed species.
Breach of the obligations outlined in the Act can lead to civil and criminal penalties. Under section 528 of the Act, individuals or entities found to have contravened the Act can be subject to fines. The maximum penalty for individuals is generally $330,000, while for corporations, it can be up to $1.65 million. Additionally, section 530 of the Act allows for the imposition of imprisonment for up to three years for serious offences related to the protection of threatened species and ecological communities. These penalties are intended to enforce compliance with the Act and ensure the protection and recovery of threatened species as outlined in the recovery plans.