Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, including threatened species and ecological communities. It allows for the creation and adoption of recovery plans for these entities, which are binding on the Commonwealth and Commonwealth agencies. The Act was introduced to address the need for a comprehensive legislative framework to manage and protect Australia's natural environment and biodiversity at a national level. Enacted by the Australian Parliament, the policy objective of the EPBC Act is to ensure the sustainable use of natural resources and the preservation of biodiversity for future generations. This legislative instrument amends an existing instrument that adopted a recovery plan for threatened bird species in Western Australia, correcting an inaccuracy in the common name of one of the species. This amendment ensures the accuracy and effectiveness of the recovery plan, aligning it with the overarching goal of the EPBC Act to protect and conserve biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment and conservation of biodiversity, including the conservation of threatened species and ecological communities. This Act binds the Commonwealth and Commonwealth agencies and applies nationally, extending to all states and territories of Australia. The Act allows the Minister for the Environment to adopt recovery plans for listed threatened species or ecological communities, which are created by states, territories, or their agencies. The Act provides for the Minister to amend, repeal, rescind, revoke, or vary any legislative or administrative instrument, as necessary, which is evident in the legislative instrument amending the recovery plan for the South Coast Threatened Birds of Western Australia. This instrument corrects an inaccuracy in the common name of a bird species, Psophodes nigrogularis nigrogularis (western whipbird [western heath]). This amending instrument comes into force on the day after it is registered on the Federal Register of Legislative Instruments, and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of this legislative instrument pertain to the correction of an inaccuracy in the common name of a listed threatened species within the adopted recovery plan. Specifically, Subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999 allows the Minister to adopt a recovery plan for a listed threatened species or ecological community, as created 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 further empowers the Minister to amend or vary any legislative or administrative instrument. This legislative instrument amends the original Legislative Instrument (F2014L01397) to correct the common name for the western whipbird [western heath] from Psophodes nigrogularis nigrogularis (western whipbird [western mallee]) to Psophodes nigrogularis nigrogularis (western whipbird [western heath]). The obligations imposed by this Act on the parties it governs are primarily related to the accurate identification and naming of listed threatened species within recovery plans. By correcting the common name for the western whipbird [western heath], the instrument ensures that the recovery plan remains precise and consistent with the species' true ecological classification. This accuracy is crucial for the effective implementation of the recovery plan, as it allows for targeted conservation efforts that are tailored to the specific needs of the species in question. The Act also requires that any amendments to the recovery plan be made through legislative instruments, ensuring a formal and transparent process for changes to the plan. There are no explicit offences, penalties, or civil/criminal consequences outlined in this legislative instrument for breaches. However, the underlying Environment Protection and Biodiversity Conservation Act 1999 does provide for a range of enforcement measures, including fines and imprisonment for serious violations. The Act imposes stringent requirements on the protection and conservation of listed threatened species and ecological communities, and any failure to comply with these requirements could result in significant penalties. In the context of this instrument, the primary consequence of not correcting the species name would be the potential for ineffective or misdirected conservation efforts, which could ultimately undermine the objectives of the recovery plan. This legislative instrument is fully compliant with human rights as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 explicitly states that this instrument does not engage any of the applicable rights or freedoms, and therefore does not raise any human rights issues. The amendment to the common name of the western whipbird [western heath] does not impact any human rights or freedoms and remains within the scope of environmental protection and biodiversity conservation.