EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Adoption of a State or Territory Plan as a Recovery Plan
(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.
The purpose of this instrument is to adopt the Border Ranges Rainforest Biodiversity Management Plan, NSW & Queensland (the adopted plan), prepared by New South Wales.
The adopted plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, listed threatened species and ecological communities 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 plan has been assessed and complies with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. In addition, the adopted plan was 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 plan 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 plan. The Committee advised that it recommends the plan for adoption by the Minister.
The adopted plan is available from the Australian Government Department of the Environment, Water, Heritage and the Arts website: http://www.environment.gov.au/biodiversity/threatened/recovery-list-common.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 adopting the recovery plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The adopted plan 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, enacted by the Australian Parliament, aims to provide a framework for the protection and conservation of threatened species and ecological communities. One significant aspect of this Act is the ability for the Minister for the Environment, Heritage and the Arts to adopt a recovery plan developed by a state, territory, or agency. This process was designed to address the need for coordinated and comprehensive strategies to halt the decline and support the recovery of threatened species and ecological communities. The policy objective here is to ensure that adopted recovery plans meet the necessary standards and have undergone appropriate consultation and expert review, as outlined in subsections 277(1) and 277(2) of the Act. The adoption of the Border Ranges Rainforest Biodiversity Management Plan by New South Wales exemplifies this process, which includes public consultation and expert advice from the Threatened Species Scientific Committee, ultimately facilitating the protection and recovery of listed threatened species and ecological communities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the entire Commonwealth of Australia and encompasses the obligations of the federal government in the protection and conservation of threatened species and ecological communities. Under the Act, the Minister for the Environment, Heritage and the Arts is authorised to adopt recovery plans made by states, territories, or their agencies. Specifically, this legislation pertains to the adoption of the Border Ranges Rainforest Biodiversity Management Plan, NSW & Queensland, prepared by New South Wales. This adopted plan is intended to halt the decline of listed threatened species and ecological communities and to facilitate their recovery, thereby maximising their prospects for long-term survival in their natural habitats. The adoption process requires the Minister to be satisfied that adequate consultation has occurred and that the plan complies with the requirements outlined in section 270 of the Act, as well as regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. Additionally, public exhibition and input from the Threatened Species Scientific Committee were integral parts of the adoption process. The instrument adopting the plan is recognised as a legislative instrument under the Legislative Instruments Act 2003, and the adopted plan came into effect the day after the instrument was registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation (subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999) allow the Minister for the Environment, Heritage and the Arts to adopt a recovery plan prepared by a State or Territory or an agency thereof. In this case, the Minister has adopted the Border Ranges Rainforest Biodiversity Management Plan, NSW & Queensland, which was prepared by New South Wales. The primary purpose of this adoption is to implement necessary research and management actions to halt the decline and support the recovery of listed threatened species and ecological communities, aiming for their long-term survival in their natural habitat. Before adopting a recovery plan, the Minister must ensure that appropriate consultation has taken place, and the plan meets the requirements of section 270 of the Act (subsection 277(1)). Additionally, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan (subsection 277(2)).
The Act imposes several obligations on the parties it governs. Firstly, the plan must undergo an assessment to ensure it complies with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. Secondly, the plan must be placed on public exhibition, inviting comments from the public, and all received comments must be taken into account before the Minister makes a decision to adopt the plan (subsection 277(1)). Lastly, the Threatened Species Scientific Committee must provide advice on the content of the recovery plan, and their recommendation for adoption must be considered by the Minister (subsection 277(2)).
Failure to comply with the requirements and obligations of the Act may result in various consequences. While specific offences and penalties are not detailed in this instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, depending on the nature and severity of the breach. The exact penalties depend on the specific provisions of the Act that are contravened and are not explicitly stated in this instrument. However, it is important to note that this instrument adopting the recovery plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and the adopted plan commenced on the day after this instrument was registered on the Federal Register of Legislative Instruments.