EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Adoption of State or Territory Plans as Recovery Plans
(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
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.
The purpose of this instrument is to:
- Revoke the following recovery plan (the superseded plan):
- Basalt Greenhood (Pterostylis basaltica) Recovery Plan 2000-2004.
Department of Natural Resources and Environment, Victoria,
February 1999 (adopted on 9 March 2001).
- Adopt the following recovery plans (the adopted plans):
- Prepared by the Northern Territory:
1. Croitana aestiva Desert Sand-skipper
- Dasyurus hallucatus Northern Quoll
- Prepared by Victoria:
- Galaxias fuscus Barred Galaxias
- Maccullochella peelii peelii Murray Cod
- Megascolides australis Giant Gippsland Earthworm
- Astelia australiana Tall Astelia
- Dianella amoena Matted Flax-lily
- Diuris basaltica Small Golden Moths Orchid
- Glycine latrobeana Clover Glycine
- Lachnagrostis adamsonii Adamson’s Blown-grass
- Pterostylis basaltica Basalt Rustyhood
- Pterostylis cucullata Leafy Greenhood
- Silurian Limestone Pomaderris Shrubland of the South East Corner and Australian Alps Bioregions.
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 and ecological community 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. Some minor comments were received and these were considered in finalising the plans.
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 Sustainability, Environment, Water, Population and Communities website: http://www.environment.gov.au/biodiversity/threatened/recovery-list-scientific.html
or from the Community Information Unit, Department of Sustainability, Environment, Water, Population and Communities, 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide a framework for the protection and conservation of threatened species and ecological communities. The Act places certain obligations on the Commonwealth to ensure the conservation of biodiversity, and it allows for the adoption of state or territory recovery plans to help achieve these objectives. In 2010, the Act was amended to facilitate the adoption of specific recovery plans developed by states and territories to address the decline of certain species and ecological communities. The relevant legislature, the Australian Parliament, authorised the Minister for Sustainability, Environment, Water, Population and Communities to adopt these plans to ensure they meet the requirements of the Act and to promote the recovery of threatened species and communities in nature. The policy objective is to enhance the protection and management of biodiversity by leveraging state and territory expertise and resources in developing and implementing effective recovery plans.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection and conservation of threatened species and ecological communities, and it extends its reach to the Commonwealth, states, territories, and various entities involved in conservation efforts. The Act allows the Minister for Sustainability, Environment, Water, Population and Communities to adopt recovery plans prepared by states or territories and their agencies to ensure appropriate measures are in place for the recovery of listed species and communities. These adopted plans must comply with specific criteria, including consultation requirements and the advice of the Threatened Species Scientific Committee. The Act's application is not restricted to a particular jurisdiction but rather encompasses national efforts to protect biodiversity. Notably, this legislation does not specify exclusions or thresholds, and its application can be extended or restricted through subordinate instruments, which are detailed in the Environment Protection and Biodiversity Conservation Regulations 2000.
Key Provisions
The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) that are relevant to this legislative instrument include sections 269A(7), 270, and 277. Section 269A(7) allows the Minister to adopt recovery plans made by states, territories, or their agencies. Section 270 sets out the requirements for these plans, including that they must be appropriate for the protection and recovery of the listed threatened species and ecological communities. Section 277 imposes conditions on the Minister regarding the adoption of these plans, such as ensuring appropriate consultation has occurred and obtaining advice from the Scientific Committee.
The Act imposes several obligations on the parties it governs. Firstly, the Minister must ensure that an appropriate level of consultation has occurred in the creation of the recovery plan, as per section 277(1). This involves engaging with stakeholders, including the public, and considering their input. Secondly, the Minister must obtain and consider advice from the Threatened Species Scientific Committee on the content of the plan, as per section 277(2). This ensures that the plans are scientifically sound and appropriate for their intended purpose. Finally, the plans must be made available to the public and comply with the requirements of section 270 and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Failure to comply with the requirements of the Act and the adopted recovery plans may result in civil or criminal penalties. While specific penalties are not detailed in the explanatory statement, breaches of the Act can generally lead to fines or imprisonment. The severity of the penalty will depend on the nature and extent of the breach. Additionally, non-compliance with the recovery plans may negatively impact the recovery efforts for the listed threatened species and ecological communities, potentially leading to further legal or regulatory action.