Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Adoption of State Plans as Recovery Plans (21/10/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was introduced to address the growing concerns about the protection and conservation of the nation's threatened species and ecological communities. This Act places a responsibility on the Commonwealth to ensure that recovery plans are in force for species identified as threatened under the Act. In response to this mandate, the Minister for the Environment and Heritage has issued an instrument under section 269A(7) of the Act to formalise the adoption of several recovery plans recommended by various states and territories. These plans are aimed at halting the decline and supporting the recovery of threatened species, thus maximising their chances of long-term survival in the wild. The instrument ensures that these plans comply with the requirements of the Act and have been made available to the public for comment before finalisation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the Commonwealth, encompassing the responsibility to protect and conserve threatened species and ecological communities, as well as ensuring recovery plans are in force. This legislation extends its reach to various threatened species and ecological communities throughout Australia, with specific recovery plans being formulated and adopted by different states and territories, including Queensland, Northern Territory, South Australia, and Western Australia. The Act mandates the preparation of recovery plans for specified threatened species, which are to be adopted by the Minister for the Environment and Heritage, following public consultation and consideration of public comments. These plans outline the necessary research and management actions required to halt the decline of these species and to support their recovery, thereby maximising their chances of long-term survival in the wild. The recovery plans mentioned in the instrument, such as those for the northern hairy-nosed wombat and Slater’s Skink, have been assessed and comply with the requirements of the Act, ensuring they meet the necessary standards before implementation. The instrument also specifies that the rights and liabilities of individuals and entities other than the Commonwealth have not been adversely affected by the retrospective commencement of these plans.

Key Provisions

The main operative sections of this legislation (F2005L03453) pertain to the adoption 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 allows the Minister to adopt recovery plans recommended by state or territory governments. This instrument specifically concerns the adoption of recovery plans for the northern hairy-nosed wombat, Slater’s Skink, South Australian subspecies of the Glossy Black-Cockatoo, and several Western Australian species, among others, as outlined in the explanatory statement. The Act, through these sections, mandates the preparation and adoption of recovery plans to ensure the conservation and recovery of these threatened species. The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates the preparation of recovery plans by state or territory governments, which are then recommended for adoption by the Minister. These plans must be developed in consultation with relevant stakeholders and should detail the necessary research and management actions to halt the decline of the species and support their recovery. Furthermore, these recovery plans must comply with the requirements of section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. After the plans are finalised, they must be placed on public exhibition, and comments from the public must be taken into account, as stipulated under section 277(1)(a) of the Act. The Threatened Species Scientific Committee then reviews these plans and recommends their adoption under section 274 of the Act. Failure to comply with the requirements of the Act and the adopted recovery plans may result in various offences, penalties, or civil and criminal consequences. While the specific penalties are not detailed in this explanatory statement, breaches of environmental legislation can generally lead to substantial fines, imprisonment, or both. The severity of the penalties depends on the nature and extent of the breach. Additionally, any person or entity adversely affected by non-compliance may seek remedies through the courts, potentially leading to further civil or administrative consequences. The retrospective commencement of these recovery plans ensures that the rights and liabilities of persons other than the Commonwealth are not adversely affected, as noted under subsection 12(2) of the Legislative Instruments Act 2003.