Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument Adopting and Repealing Recovery Plans (10/12/2009) (QLD, SA, WA)

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Legislation au F2010L00076 In force Legislative Instrument

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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(a) Revoke the following recovery plans (the superseded plans):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):

  1.                  Prepared by Queensland:

1. Sminthopsis douglasi Julia Creek Dunnart recovery plan

  1.                Prepared by South Australia:

2. Leipoa ocellata Malleefowl recovery plan

  1.             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.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection and conservation of Australia's biodiversity, including threatened species and ecological communities. This Act places obligations on the Commonwealth to safeguard these natural assets. Pursuant to this Act, the Minister for the Environment, Heritage and the Arts has the authority to adopt recovery plans developed by states, territories, or their agencies. This authority is exercised through the revocation of outdated plans and the adoption of new, more effective plans that ensure the survival of listed threatened species. The policy objective of this legislative instrument is to ensure that the adopted recovery plans meet the requirements of the Act and have undergone appropriate consultation and scientific review. The superseded recovery plans are revoked to make way for the newly adopted plans, which have been assessed for compliance with the Act and have incorporated public feedback. This instrument was issued under the authority of the Minister for the Environment, Heritage and the Arts and is a legislative instrument as defined in the Legislative Instruments Act 2003. The adopted recovery plans came into effect the day after the instrument was registered on the Federal Register of Legislative Instruments, while the revocation of the superseded plans took effect on the same date. The adopted plans are available for public access via the Australian Government Department of the Environment, Water, Heritage and the Arts website or through other specified channels.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection and conservation of threatened species and ecological communities within Australia. The Act allows the Minister for the Environment, Heritage and the Arts to adopt recovery plans prepared by states, territories, or their agencies, which are designed to halt the decline of and support the recovery of listed threatened species. This legislative instrument revokes several superseded recovery plans and adopts new recovery plans for specific species, prepared by relevant state or territory authorities. These adopted plans are intended to provide necessary research and management actions to ensure the long-term survival of these species. The adopted plans have undergone public consultation and have been reviewed by the Threatened Species Scientific Committee, which has recommended their adoption. The adopted plans are available for public access via the Australian Government Department of the Environment, Water, Heritage and the Arts website or through other specified channels. This instrument serves as a legislative tool under the Legislative Instruments Act 2003, and its effectivity is tied to its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) outlines the primary legislative framework for protecting and conserving threatened species and ecological communities within Australia. Subsection 269A(7) of the Act allows the Minister to adopt recovery plans made by state or territory governments or agencies, replacing existing plans. The instrument in question revokes several superseded recovery plans and adopts new ones for specific threatened species. The superseded plans include the National Recovery Plan for Malleefowl (2000), the Recovery Plan for the Julia Creek Dunnart (2000-2004), and various interim recovery plans for different wattle species and orchids (all from 1999-2002). The adopted plans include updated recovery strategies for the Julia Creek Dunnart, Malleefowl, and several wattle and orchid species, prepared by respective states. The Act imposes specific obligations on the Minister when adopting recovery plans. Subsection 277(1) requires the Minister to ensure that appropriate consultation has taken place and that the adopted plans meet the criteria set out in section 270. Furthermore, subsection 277(2) mandates that the Minister obtain and consider advice from the Threatened Species Scientific Committee regarding the content of the recovery plans. The adopted plans have undergone thorough assessment, public consultation, and scientific review to ensure they align with the Act's requirements and the regulations under the Environment Protection and Biodiversity Conservation Regulations 2000. Failure to comply with the provisions of the Act and the adopted recovery plans can result in various civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of environmental protection laws generally carry significant fines and potential imprisonment. The severity of penalties depends on the nature and extent of the breach, with maximum penalties potentially applying in cases of serious or repeated violations. In summary, the instrument revokes outdated recovery plans and adopts new ones for specific threatened species, ensuring that the most current and scientifically informed strategies are in place. It mandates that the Minister adhere to strict consultation and review processes before adopting these plans and outlines the civil and criminal consequences for non-compliance with the Act's provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.