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 prepared by the Victorian government (or agency) is in force in accordance with s269A of the Act:
Prepared by Victoria recommended for Adoption by the Minister:
- Acacia caerulescens (Limestone Blue Wattle)
- Babingtonia crenulata (Fern-leaf Baeckea)
- Boronia galbraithiae (Aniseed Boronia)
- Callistemon kenmorrisonii (Betka Bottlebrush)
- Carex paupera (Dwarf Sedge)
- Cassinia rugata (Wrinkled Cassinia)
- Daviesia laevis (Grampians Bitter-pea)
- Deyeuxia pungens (Narrow-leaf Bent-grass)
- Epilobium brunnescens subsp. beaugleholei (Bog Willow-herb)
- Eucalyptus alligatrix subsp. limaensis (Lima Stringybark)
- Eucalyptus cadens (Warby Range Swamp-gum)
- Eucalyptus crenulata (Buxton Gum)
- Eucalyptus strzeleckii (Strzelecki Gum)
- Euphrasia collina subsp. muelleri (Purple Eyebright)
- Euphrasia crassiuscula subsp. glandulifera (Thick Eyebright)
- Euphrasia eichleri (Bogong Eyebright)
- Grevillea bedggoodiana (Enfield Grevillea)
- Grevillea celata (Colquhoun Grevillea)
- Grevillea floripendula (Ben Major Grevillea)
- Grevillea infecunda (Anglesea Grevillea)
- Grevillea montis-cole subsp. brevistyla (Langi Ghiran Grevillea)
- Hibbertia humifusa subsp. debilis (Dergholm Guinea-flower)
- Hibbertia humifusa subsp. erigens (Euroa Guinea-flower)
- Kelleria laxa (Kelleria)
- Leptorhynchos gatesii (Wrinkled Buttons) (Leiocarpa gatesii)
- Pratia gelida (Snow Pratia) (Lobelia gelida)
- Myriophyllum porcatum (Ridged Water-milfoil)
- Nematolepis frondosa (Leafy Nematolepis)
- Nematolepis squamea subsp. coriacea (Harsh Nematolepis)
- Nematolepis wilsonii (Shiny Nematolepis)
- Olearia astroloba (Marble Daisy-bush)
- Pimelea pagophila (Grampians Rice-flower)
- Pimelea spinescens subsp. spinescens (Spiny Rice-flower)
- Poa sallacustris (Salt-lake Tussock-grass)
- Pomaderris subplicata (Concave Pomaderris)
- Prostanthera galbraithiae (Wellington Mint-bush)
- Pultenaea williamsoniana (Williamson's Bush Pea)
- Spyridium sp. Little Desert (Forked Spyridium)
- Trichanthodium baracchianum (Dwarf Yellow Heads)
- Westringia cremnophila (Snowy River Westringia)
The adopted plans have been assessed and comply with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Before the Minister may adopt a recovery plan under subsection 269A(7) of the Act, subsection 277(1) of the Act requires that the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan, and the plan meets the requirements of section 270 of the Act. In addition, subsection 277(2) requires that the Minister obtain and consider advice from the Scientific Committee on the content of the plan.
The adopted 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 adopted plans were placed on public exhibition, as required under paragraph 277(1)(a) of the Act, and comments were invited from the public. All comments were taken into account in finalising the adopted plans.
The information in the adopted plans enabled the Threatened Species Scientific Committee to recommend the adoption of these plans as required under section 274 of the Act.
The adopted plans are available from the Australian Government Department of the Environment and Heritage www.deh.gov.au/biodiversity/threatened/recovery/index.html or from the Community Information Unit, Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772. Further information about the Department can be found at www.deh.gov.au
The instrument adopting the Recovery Plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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 (the Act) was enacted to provide a framework for the protection and conservation of Australia’s biodiversity, including threatened species and ecological communities. The Act aims to address the problem of biodiversity loss by establishing mechanisms for the creation and implementation of recovery plans for threatened species and communities. The Act is administered by the Parliament of Australia, with the policy objective of ensuring that appropriate measures are in place to support the recovery and long-term survival of threatened species in nature. This legislation facilitates the adoption of recovery plans prepared by state governments, such as those recommended by the Victorian government, which are to be overseen by the Minister for the Environment and Heritage, ensuring that they meet the necessary legislative and scientific standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the Commonwealth, with the objective of protecting and conserving threatened species and ecological communities. This Act also mandates the development and implementation of recovery plans for these species, overseen by the Minister for the Environment and Heritage. In the context of the instrument issued under section 269A(7) of the Act, the Minister has adopted specific recovery plans for several threatened species prepared by the Victorian government. These plans cover a range of species, from Acacia caerulescens to Westringia cremnophila, and are intended to ensure their long-term survival. The adoption process requires consultation and scientific advice, with public exhibition and feedback incorporated into the final plans. These adopted plans, which comply with section 270 of the Act, are available for public access and consultation. The instrument is a legislative instrument under the Legislative Instruments Act 2003, and its retrospective commencement does not adversely affect the rights and liabilities of any person other than the Commonwealth.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a significant piece of Australian legislation aimed at protecting and conserving the nation’s biodiversity. Under the Act, the Commonwealth is tasked with ensuring that recovery plans are in force for threatened species and ecological communities. Section 269A(7) of the Act empowers the Minister for the Environment and Heritage to adopt recovery plans for threatened species that are recommended by a state government, subject to certain conditions. The explanatory statement outlines the specific recovery plans for various threatened species that have been prepared by the Victorian government and recommended for adoption by the Minister (sections 269A(7) and 277).
The Act imposes several obligations on the parties involved in the process of adopting recovery plans. Firstly, the Minister must ensure that an appropriate level of consultation has been undertaken in making the recovery plans, as mandated by subsection 277(1) of the Act. This requirement ensures that the plans are well-informed and reflect the input of relevant stakeholders. Additionally, subsection 277(2) mandates that the Minister obtain and consider advice from the Scientific Committee on the content of the plan. This step ensures that the plans are scientifically sound and meet the necessary criteria for protecting the species in question.
In terms of compliance, the adopted recovery plans have been assessed and are in accordance with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. These plans were subject to public exhibition, as stipulated under paragraph 277(1)(a) of the Act, and comments from the public were taken into account in finalising the plans. The Threatened Species Scientific Committee reviewed the information in the plans and recommended their adoption, as required under section 274 of the Act.
Breaching the requirements of the Act can result in serious consequences. While the explanatory statement does not explicitly list specific offences or penalties, the overarching legal framework of the Act and its associated regulations provide for a range of civil and criminal penalties for non-compliance. These can include fines and imprisonment for individuals, as well as financial penalties for corporations. The severity of the penalties often depends on the nature and extent of the breach, with maximum penalties varying according to the specific provisions of the Act and related regulations.