EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Revoking and Adoption of State or Territory Plans as Recovery Plans
(Issued under the Authority of the Minister for the Environment, Heritage and the Arts)
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.
Subsection 269A(7) of the Act enables the Minister, by instrument in writing, to adopt as a recovery plan, a plan made by a State, a self-governing Territory or an agency of a State or self-governing Territory.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The purpose of this instrument is to:
(a) Revoke the following recovery plans (the superseded plans):
1. National Recovery Plan for Malleefowl, Joe Benshemesh, Environment Australia, October 2000 (adopted on 9 March 2001);
2. Recovery Plan for the Julia Creek Dunnart (Sminthopsis douglasi) 2000-2004, Queensland Parks and Wildlife Service, Brisbane (2000) (adopted on 5 October 2001);
3. Orange-flowered Wattle (Acacia auratiflora ms.) Interim Recovery Plan 1999-2002, WA Dept of CALM (1999) (adopted on 9 March 2001);
4. Spiral-fruited Wattle (Acacia cochlocarpa subsp. cochlocarpa ms.) Interim Recovery Plan 1999-2002, WA Dept of CALM (1999) (adopted on 9 March 2001);
5. Recovery Plan for the Matchstick Banksia Banksia cuneata 1992-2001, WA Dept of CALM (1991) (adopted on 16 July 2000);
6. Dwarf Spider Orchid (Caladenia bryceana subsp. bryceana ms.) Interim Recovery Plan 1999-2002, WA Dept of CALM (1999) (adopted on 9 March 2001);
7. Prostrate Flame Flower (Chorizema humile) Interim Recovery Plan 1999-2002, WA Dept of CALM (1999) (adopted on 9 March 2001); and
8. Western Woolly Cyphanthera (Cyphanthera odgersii subsp. occidentalis) Interim Recovery Plan 1999-2002, WA Dept of CALM (1999) (adopted on 16 July 2000).
(b) Adopt the following recovery plans (the adopted plans):
- Prepared by Queensland:
1. Sminthopsis douglasi Julia Creek Dunnart recovery plan
- Prepared by South Australia:
2. Leipoa ocellata Malleefowl recovery plan
- Prepared by the Western Australia:
3. Acacia auratiflora Orange-flowered Wattle recovery plan
4. Acacia cochlocarpa subsp. cochlocarpa Spiral-fruited Wattle recovery plan
5. Banksia cuneata Matchstick Banksia recovery plan
6. Caladenia bryceana subsp. bryceana Dwarf Spider-orchid recovery plan
7. Chorizema humile Prostrate Flame Flower recovery plan
8. Cyphanthera odgersii subsp. occidentalis Western Woolly Cyphanthera recovery 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 in order to maximise their chances of long-term survival in nature.
Before the Minister may adopt a recovery plan under subsection 269A(7) of the Act, subsection 277(1) of the Act provides that the Minister must be satisfied that an appropriate level of consultation has been undertaken in making the plan and that the plan meets the requirements of section 270 of the Act. In addition subsection 277(2) of the Act requires the Minister to obtain and consider advice from the Scientific Committee on the content of the plan.
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. In addition, the adopted plans were placed on public exhibition and comments were invited from the public. All comments were taken into account in making the decision to adopt the recovery plans under the Act.
In accordance with subsection 277(2) of the Act, the advice of the Threatened Species Scientific Committee was also obtained on the content of the recovery plans. The Committee advised that it recommends the plans for adoption by the Minister.
The adopted plans are available from the Australian Government Department of the Environment, Water, Heritage and the Arts website: http://www.environment.gov.au/biodiversity/threatened/recovery-list-scientific.html
or from the Community Information Unit, Department of the Environment, Water, Heritage and the Arts, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772.
The instrument revoking and adopting the recovery plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The adopted plans commenced on the day after this instrument was registered on the Federal Register of Legislative Instruments. The revoking of the superseded plans took effect on the day after this instrument was registered on the Federal Register of Legislative Instruments.