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 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 following recovery plans (the adopted plans):
- Prepared by the Northern Territory:
1. Livistona mariae Central Australian Cabbage Palm recovery plan
2. Macrozamia macdonnellii MacDonnell Ranges Cycad recovery plan
3. Olearia macdonnellensis, Minuria tridens Minnie Daisy and Actinotus schwarzii Desert Flannel-flower recovery plan
- Prepared by Queensland:
- Melomys rubicola Bramble Cay Melomys recovery plan
- Turnix melanogaster Black-breasted Button-quail recovery plan
- Southern Macadamia Species (Macadamia integrifolia, M. jansenii, M. ternifolia, M. tetraphylla) recovery plan
(iii) Prepared by Western Australia:
- Acacia leptalea Chinocup Wattle recovery plan
- Acacia sciophanes Wundowlin Wattle recovery plan
- Beyeria lepidopetala Short-petalled Bayeria recovery plan
- Caladenia huegelii King Spider-orchid recovery plan
- Caladenia winfieldii Majestic Spider-orchid recovery plan
- Conospermum undulatum Waxy-leaved Smokebush recovery plan
- Conostylis rogeri Kulin Conostylis recovery plan
- Conostylis seorsiflora subsp. trichophylla Hairy Mat Conostylis recovery plan
- Marianthus mollis Hairy-fruited Billardiera recovery plan
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 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. All comments were taken into account in making the decision to adopt the recovery plans 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 plans.
The adopted plans are 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 plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it 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 in Australia. It was introduced to address the gap in national protection for species and communities that are threatened by activities across state boundaries or by federal actions. The Act was enacted by the Parliament of Australia, with the policy objective of ensuring the protection and recovery of threatened species and their habitats through coordinated and comprehensive management. Under the Act, the Minister for the Environment has the authority to adopt recovery plans developed by states or territories, which is intended to facilitate collaborative efforts in the conservation of endangered species. This legislative instrument allows for the adoption of specific recovery plans for various threatened species, ensuring these plans meet the requirements of the Act and have undergone appropriate consultation and scientific review.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as supplemented by the legislative instrument F2009L04165, pertains to the adoption of specific recovery plans for threatened species formulated by various Australian states and territories. This Act applies to the Commonwealth, which is responsible for protecting and conserving threatened species and ecological communities as outlined in the Act. The legislative instrument adopts recovery plans prepared by the Northern Territory, Queensland, and Western Australia for various species including the Central Australian Cabbage Palm, Bramble Cay Melomys, and the King Spider-orchid, among others. The instrument specifies that the Minister for the Environment, Heritage and the Arts must adopt these plans if certain conditions are met, including appropriate consultation and compliance with the Act’s requirements. The adopted plans are intended to provide the necessary research and management actions to halt the decline and support the recovery of the listed threatened species. The geographic reach of this legislation is national, with the adopted recovery plans applicable across Australia, as they are aimed at conserving species and ecological communities that are of national environmental significance. The adoption of these plans is subject to consultation with the public and advice from the Threatened Species Scientific Committee, ensuring that the plans are scientifically sound and widely supported. The Act does not specify any exclusions or thresholds in the context of this legislative instrument, but it does require that the adopted plans meet the criteria set out in the Act and the Environment Protection and Biodiversity Conservation Regulations 2000.
Key Provisions
The main operative sections of this legislation concern the adoption of state or territory recovery plans as recovery plans under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Subsection 269A(7) of the Act allows the Minister to adopt these plans, which are detailed in the explanatory statement, as recovery plans for threatened species under the Act (subsections 269A(7)). These adopted plans include recovery plans for species such as the Livistona mariae Central Australian Cabbage Palm, Macrozamia macdonnellii MacDonnell Ranges Cycad, Melomys rubicola Bramble Cay Melomys, and others. Before adopting these plans, the Minister must be satisfied that the plans meet the requirements of section 270 of the Act and that appropriate consultation has taken place (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 and entities it governs. Firstly, state or territory governments and agencies must prepare recovery plans that meet the requirements of section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. Secondly, the Minister must ensure that an appropriate level of consultation has taken place in the making of the plan and must obtain advice from the Scientific Committee on the content of the plan. Thirdly, once adopted, these plans become the Commonwealth's recovery plans under the Act, and the Minister must ensure that the necessary research and management actions are undertaken to support the recovery of the listed threatened species.
Breaches of the Act or failure to comply with the adopted recovery plans can lead to various civil or criminal consequences. While the Act does not explicitly state maximum penalties for non-compliance, breaches of other sections of the Act can result in significant fines and imprisonment. For instance, under section 510 of the Act, a person can be fined up to AUD 525,000 or imprisoned for up to three years, or both, for intentionally taking, harming, or interfering with a listed threatened species or community. Similarly, under section 511, a person can be fined up to AUD 525,000 or imprisoned for up to one year, or both, for damaging or destroying the habitat of a listed threatened species or community. These penalties highlight the importance of complying with the adopted recovery plans and the Act in general.