EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999
Instrument Adopting Recovery Plan
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.
Part 13, Division 5, Subdivision A of the Act provides for the making, or adoption, of recovery plans for listed threatened species or ecological communities, which bind the Commonwealth and Commonwealth agencies.
Subsection 269A(7) of the Act enables the Minister, by instrument in writing, to adopt as a recovery plan for a listed threatened species or ecological community, 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 ‘Threatened Tasmanian Orchids Flora Recovery Plan’ (the adopted plan) prepared by the Tasmanian Department of Primary Industries, Parks, Water and Environment, as the national recovery plan for the following 36 listed threatened orchid species:
Caladenia anthracina | Prasophyllum incorrectum |
Caladenia campbellii | Prasophyllum limnetes |
Caladenia caudata | Prasophyllum milfordense |
Caladenia dienema | Prasophyllum olidum |
Caladenia lindleyana | Prasophyllum perangustum |
Caladenia pallida | Prasophyllum pulchellum |
Caladenia saggicola | Prasophyllum robustum |
Caladenia sylvicola | Prasophyllum secutum |
Caladenia tonellii | Prasophyllum stellatum |
Corunastylis brachystachya | Prasophyllum taphanyx |
Corunastylis firthii | Prasophyllum tunbridgense |
Diuris lanceolata | Pterostylis commutata |
Prasophyllum atratum | Pterostylis pratensis |
Prasophyllum amoenum | Pterostylis rubenachii |
Prasophyllum apoxychilum | Pterostylis wapstrarum |
Prasophyllum castaneum | Pterostylis ziegeleri |
Prasophyllum crebriflorum | Thelymitra jonesii |
Prasophyllum favonium | Thynninorchis nothofagicola |
The adopted plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, the species listed above, in order to maximise their chances of long-term survival in nature. These species are found across Tasmania, including offshore islands, and the recovery plan covers the full range of each species.
These orchid species can be found in most major Tasmanian ecosystems, including dry sclerophyll forests and woodlands, alpine environments, wet sclerophyll forests, buttongrass moorlands coastal heaths and coastal and inland grasslands. The orchids have been subject to a range of threats since European settlement, including clearance, fragmentation and degradation of habitat, agricultural practices, inappropriate fire regimes, deleterious grazing and disturbance regimes, and the spread of diseases and pest species.
This is the first national recovery plan for seven of the orchid species. For the remaining 29 species, the adopted recovery plan replaces the ‘Flora Recovery Plan: Tasmanian Threatened Orchids 2006-2010’ previously adopted under the Act for these orchids.
Subsection 277(1) of the Act provides that the Minister must not adopt a recovery plan under subsection 269A(7) unless:
- the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and
- the plan meets the requirements of section 270 of the Act.
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. Details of how the adopted plan complies with section 270 of the Act are set out in Attachment A below.
The Minister was satisfied that an appropriate level of consultation was undertaken in the preparation of the adopted plan. A draft of the adopted plan was placed on public exhibition for a period of almost three months and comments were invited from the public. The plan was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and the website of the Australian Government Department of the Environment (now the Department of the Environment and Energy). Six submissions were received and comments were taken into account by the Tasmanian Department of Primary Industries, Parks, Water and Environment in finalising the plan.
The adopted plan has been endorsed by the State in which the relevant species occur. Potentially affected Australian Government agencies have also been consulted.
In accordance with subsection 277(2) of the Act, the advice of the Threatened Species Scientific Committee was obtained on the content of the recovery plan, and considered by the Minister before adopting the plan.
The adopted plan is available from the Australian Government Department of the Environment and Energy website:
http://www.environment.gov.au/cgi-bin/sprat/public/publicshowallrps.pl
and from the Community Information Unit, Department of the Environment and Energy, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The recovery plan comes into force on the day after it is registered on the Federal Register of Legislation.
Authority: Section 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Instrument Adopting Recovery Plans
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument The purpose of this Legislative Instrument is to adopt the ‘Threatened Tasmanian Orchids Flora Recovery Plan’, prepared by the Tasmanian Department of Primary Industries, Parks, Water and Environment. This adopted plan provides for the research and management action necessary to stop the decline of, and support the recovery of, 36 orchid species listed under the under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), in order to maximise their chances of long-term survival in the wild. This will be the first national recovery plan for seven of the orchid species, and for the remaining 29 species, the adopted recovery plan replaces the ‘Flora Recovery Plan: Tasmanian Threatened Orchids 2006-2010’ which was adopted under the EPBC Act in 2006. Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for the Environment and Energy |
ATTACHMENT A
Meeting the requirements of section 270 of the EPBC Act
Section 270 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) specifies the content requirements for recovery plans. The Minister cannot adopt a State or Territory plan as a recovery plan, unless the plan meets the requirements of section 270.
The Department of the Environment and Energy and the Threatened Species Scientific Committee assessed the adopted plan and both concluded that it complies with the requirements of section 270 of the Act.
Section 270 (1) of the Act provides that a recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species concerned so that their long-term chances of survival in the wild are maximised. The adopted plan was assessed as compliant in this respect. The adopted plan provides an appropriate balance between identified research actions necessary to better understand the ecological requirements of the species, and management actions necessary to deal with the known threats and improve the species’ prospects of survival.
Section 270(2) of the Act provides that a recovery plan must particularly include the material specified in that subsection. The adopted plan states the:
(a) objectives to be achieved;
(b) criteria against which achievement of the objectives are to be measured
(c) actions needed to achieve the objectives; and
(ca) the threats to the species.
The adopted plan was assessed as compliant in respect of paragraphs (a), (b) and (c) and (ca) of section 270(2) of the Act.
Section 270(2A) of the Act provides that a recovery plan is only required to address certain matters identified in section 270(2) to the extent it is practicable to do so. This includes:
(d) identifying habitats critical to survival of the species;
(e) identifying populations under particular pressure of survival and the actions needed to protect those habitats;
(f) stating the estimated duration and cost of the recovery process;
(g) identifying interests that will be affected by the plan’s implementation, and organisations or persons who will be involved in evaluating the performance of the recovery plan; and
(h) specifying major benefits to other native species or ecological communities that will be affected by implementation of the plan.
These items are addressed in the plan to the extent practicable and where information is readily available. Where information is not available, additional actions have been incorporated into the plan for it to be obtained.