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 Regional Recovery Plan for Threatened Species and Ecological Communities of Adelaide and the Mount Lofty Ranges (the adopted plan), prepared by South Australia.
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-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 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 was enacted to address the need for comprehensive protection and conservation of Australia's threatened species and ecological communities, filling a gap in environmental protection at a national level. The Act provides the Commonwealth with specific obligations to safeguard biodiversity, and it was introduced by the Parliament of Australia to ensure a coordinated approach to the conservation of threatened species across the country. The policy objective of this legislation is to prevent the decline of and promote the recovery of threatened species and ecological communities to secure their long-term survival. This legislative instrument, F2009L03893, facilitates the adoption of state or territory recovery plans as part of the national recovery plan framework, ensuring that regional efforts align with the overarching objectives of the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to the protection and conservation of threatened species and ecological communities throughout Australia. The Act enables the Minister for the Environment, Heritage and the Arts 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. In this case, the Minister has adopted the Regional Recovery Plan for Threatened Species and Ecological Communities of Adelaide and the Mount Lofty Ranges, prepared by South Australia. This adopted plan is designed 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. The adoption of the recovery plan is subject to the conditions outlined in subsections 277(1) and 277(2) of the Act, which require the Minister to be satisfied that appropriate consultation has been undertaken and that the plan meets the requirements of section 270 of the Act. The instrument adopting the recovery plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after this instrument was registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation concern the adoption of a state or territory plan as a recovery plan under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, subsection 269A(7) allows the Minister, through a written instrument, to adopt a plan made by a state, a self-governing territory, or an agency of a state or self-governing territory as a recovery plan. This instrument adopts the Regional Recovery Plan for Threatened Species and Ecological Communities of Adelaide and the Mount Lofty Ranges, prepared by South Australia. This adopted plan is designed to halt the decline of, and support the recovery of, listed threatened species and ecological communities, thereby maximising their chances of long-term survival.
Before adopting the recovery plan, the Act imposes several obligations on the Minister. Firstly, under subsection 277(1), the Minister must be satisfied that appropriate levels of consultation have been undertaken in making the plan and that the plan meets the requirements of section 270 of the Act. Secondly, under subsection 277(2), the Minister is required to obtain and consider advice from the Scientific Committee on the content of the plan. The adopted plan has been assessed to comply with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. Additionally, the plan was placed on public exhibition, and public comments were taken into account. The Threatened Species Scientific Committee recommended the plan for adoption, which the Minister has now effected.
The Act includes provisions for penalties and consequences for breaches. While specific penalties are not detailed in the explanatory statement, breaches of the Act can lead to various civil and criminal consequences depending on the nature and severity of the offence. The Act also provides for enforcement actions by authorised officers who can issue infringement notices or take legal action to enforce compliance. The maximum penalties for breaches can include fines and, in some cases, imprisonment, reflecting the seriousness of environmental protection and biodiversity conservation under the Act.