EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
Amendment - Instrument Adopting Recovery Plan
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.
Part 13, Division 5, Subdivision A of the Act provides for the making, or adoption, of recovery plans for listed threatened species or ecological communities, which bind the Commonwealth and Commonwealth agencies.
Subsection 269A(7) of the Act enables the Minister, by instrument in writing, to adopt as a recovery plan for a listed threatened species or ecological community, a plan made by a State, a self-governing Territory or an agency of a State or self-governing Territory.
Section 33(3) of the Acts Interpretation Act 1901 provides for the Minister to repeal, rescind, revoke, amend or vary any instrument of a legislative or administrative character.
The purpose of this instrument is to amend the Legislative Instrument (F2014L01397) adopting the State recovery plan for the South Coast Threatened Birds of Western Australia to correct an inaccuracy in the common name for the following species:
Listed Threatened Species Name: | Change to: |
Psophodes nigrogularis nigrogularis (western whipbird [western mallee]) | Psophodes nigrogularis nigrogularis (western whipbird [western heath]) |
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The plan was adopted on the day the original Legislative Instrument (F2014L01397) was signed, and this amending Instrument comes into force on the day after it is registered on the Federal Register of Legislative Instruments.
Authority: Section 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999 and Section 33(3) of the Acts Interpretation Act 1901.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Instrument Adopting and Revoking Recovery Plans
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument The purpose of this Legislative Instrument is to amend the Legislative Instrument (F2014L01397) adopting the South Coast Threatened Birds Recovery Plan prepared by the Western Australian Department of Parks and Wildlife. The plan was adopted for four bird species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act. The amended Legislative Instrument is to correct an inaccuracy in the name for one of the bird species, Psophodes nigrogularis nigrogularis (western whipbird [western heath]).
Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Delegate of the Minister for the Environment |