Overview

The Instrument Adopting and Revoking Recovery Plans (WA) (21/10/2014), made under section 269A of the Environment Protection and Biodiversity Conservation Act 1999, was introduced to address the need for adopting and revoking recovery plans for listed threatened species in Western Australia. This legislative instrument was enacted by the Commonwealth of Australia through the Parliament, with a clear policy objective to ensure the protection and conservation of threatened species by adopting effective recovery plans. This particular instrument revoked the adoption of the Noisy Scrub-bird Recovery Plan and adopted the South Coast Threatened Birds Recovery Plan for the listed threatened species such as the western ground parrot, western bristlebird, noisy scrub-bird, and western whipbird.

Scope and Application

The Instrument Adopting and Revoking Recovery Plans (WA) (21/10/2014), made under section 269A of the Environment Protection and Biodiversity Conservation Act 1999, applies to the adoption and revocation of specific recovery plans for listed threatened species within Western Australia. This instrument operates on a national level, as it pertains to the Commonwealth's responsibility for the protection and conservation of biodiversity under the Act. The scope of this legislation includes the adoption of Western Australia's South Coast Threatened Birds Recovery Plan for certain species and the revocation of the Noisy Scrub-bird Recovery Plan. The legislation identifies the specific species for which the adopted recovery plan is applicable and outlines the plans that have been revoked. The Act's application is not limited by geographic boundaries within Australia, thus encompassing the entire nation in its jurisdiction. There are no exclusions, exemptions, or thresholds explicitly stated within this particular legislative instrument, although broader provisions of the Environment Protection and Biodiversity Conservation Act 1999 may apply. The Act may extend or restrict its application through subordinate instruments, which are detailed in the endnotes of the compilation.

Key Provisions

The main operative sections of the legislative instrument (F2014L01397) pertain to the adoption and revocation of recovery plans for certain listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Section 269A of the Act allows for the adoption of recovery plans made by state governments, and the instrument specifically revokes the adoption of the previous recovery plan for the Noisy Scrub-bird (section 1(a)) and adopts a new plan for several listed threatened species (section 1(b)). These species include the western ground parrot, western bristlebird, noisy scrub-bird, and western whipbird (western heath). The new plan is titled "South Coast Threatened Birds Recovery Plan" and was made by the Department of Parks and Wildlife, Western Australia (section 1(b)). The Act imposes several obligations on the parties or entities it governs. These obligations include ensuring that recovery plans are developed and implemented to protect and conserve listed threatened species. The instrument specifies which recovery plan is to be adopted and, conversely, revokes the previous plan for the Noisy Scrub-bird, thereby replacing it with the new plan. This ensures that the latest and most effective strategies and measures for conservation are being employed. The Department of Parks and Wildlife is responsible for the preparation and implementation of the adopted recovery plan, which must align with the objectives of the Environment Protection and Biodiversity Conservation Act 1999. There are potential civil and criminal consequences for breaches of the provisions contained within the legislative instrument. While the specific offences and penalties are not detailed in the text provided, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can generally lead to significant penalties. For corporations, the maximum penalty for offences can include substantial fines, with the exact amount determined by the severity of the breach and relevant jurisdictional laws. Individual offenders may also face penalties, which can include fines and, in more severe cases, imprisonment. The Act is enforced by relevant authorities, including the Department of the Environment and Energy, which have the power to take legal action against those who fail to comply with the provisions of the Act and the adopted recovery plans.