Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument adopting Recovery Plans (08/01/2008) (NT, QLD, NSW)

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2008L00144 In force Legislative Instrument

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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. 

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The purpose of this instrument is to adopt the following recovery plans (the adopted plans):

  1.                  Prepared by Northern Territory:

1.  Threatened Acacias and Ricinocarpos gloria-medii recovery plan

2.  Gove Crow Butterfly (Euploea alcathoe enastri) recovery plan

 

  1.                Prepared by Queensland:

3.  Cycas megacarpa, Cycas ophiolitica, Macrozamia cranei, Macrozamia lomandroides, Macrozamia pauli-guilielmi and Macrozamia platyrhachis recovery plan

4.  Acacia attenuata recovery plan

5.  Chingia australis recovery plan

6.  Graptophyllum reticulatum recovery plan

7.  Bare-rumped Sheathtail Bat (Saccolaimus saccolaimus nudicluniatus) recovery plan

8.  Black-throated Finch Southern subspecies (Poephila cincta cincta) recovery plan

9.  White-bellied subspecies of the Crimson Finch (Neochmia phaeton evangelinae) recovery plan

 

  1.             Prepared by New South Wales:

10.  Hastings River Mouse (Pseudomys oralis) recovery plan

11.  Gould’s Petrel (Pterodroma leucoptera leucoptera) recovery plan

 

 

Before the Minister may adopt a recovery plan under subsection 269A(7) of the Act, the Minister must be satisfied that the plan meets the requirements of section 270 of the Act, and that, under subsection 277(1), an appropriate level of consultation has been undertaken in making the plan. In addition subsection 277(2) requires that the Minister 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.

 

 

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 so that their chances of long-term survival in nature are maximised.  The adopted plans were placed on public exhibition and comments were invited from the public.  All comments were taken into account in finalising the adopted plans.

 

The advice of the Threatened Species Scientific Committee on the content of the plans was obtained under section 274 of the Act. The Committee advised that it recommends the plans for adoption by the Minister.

 

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.  Further information about the Department can be found at www.environment.gov.au.

 

The instrument adopting the Recovery Plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

For the purposes of subsection 12(2) of the Legislative Instruments Act 2003, the rights and liabilities of a person other than the Commonwealth have not been adversely affected by the retrospective commencement of the Plans.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive protection and conservation of Australia’s threatened species and ecological communities. This Act empowers the Commonwealth to take necessary measures to safeguard biodiversity, and includes provisions for the adoption of state or territory recovery plans as part of its broader strategy. Under subsection 269A(7) of the Act, the Minister for the Environment, Heritage and the Arts is authorised to adopt recovery plans prepared by states, territories, or their agencies, provided these plans meet the requirements set forth in section 270 of the Act. The adoption of these plans is intended to ensure that they include appropriate research and management actions to prevent the decline of and support the recovery of listed threatened species, thereby maximising their chances of long-term survival. This legislative approach aims to foster collaboration between the Commonwealth and state and territory governments to achieve effective biodiversity conservation outcomes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates the Commonwealth’s responsibility to protect and conserve threatened species and ecological communities. Under this Act, the Minister for the Environment, Heritage and the Arts has the authority to adopt recovery plans created by states, territories, or their agencies, provided these plans meet the criteria outlined in section 270 of the Act and involve appropriate levels of consultation as required by section 277. The adopted recovery plans are intended to guide research and management actions that will halt the decline of listed threatened species and support their recovery, thereby maximising their long-term survival prospects in the wild. These adopted plans, which have been assessed and approved, are available for public review and comment, and the input from the public and the Threatened Species Scientific Committee has been incorporated into the final plans. This legislative instrument, falling under the Legislative Instruments Act 2003, does not adversely affect the rights and liabilities of any person other than the Commonwealth.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) empowers the Minister for the Environment, Heritage and the Arts to adopt recovery plans made by States, Territories or their agencies. This is done under subsection 269A(7) of the Act. This instrument adopts specific recovery plans prepared by Northern Territory, Queensland, and New South Wales. These plans pertain to various threatened species and aim to halt their decline and support their recovery (subsection 269A(7)). The Act imposes certain requirements on the Minister before adopting a recovery plan. Firstly, the Minister must be satisfied that the plan meets the criteria under section 270 of the Act. Secondly, the plan must have undergone an appropriate level of consultation as stipulated in subsection 277(1) of the Act. Additionally, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan, in accordance with subsection 277(2) of the Act. All adopted plans in this instrument have been assessed and found to comply with these requirements. The adopted recovery plans detail necessary research and management actions to maximise the long-term survival chances of listed threatened species. These plans were subject to public exhibition, and all public comments were considered before finalisation. The Threatened Species Scientific Committee has advised that it recommends these plans for adoption by the Minister. The adopted plans are accessible through the Australian Government Department of the Environment, Water, Heritage and the Arts website or by contacting the Community Information Unit of the Department. The Act does not specify any particular offences or penalties for non-compliance with the adopted recovery plans. However, the Act provides mechanisms for enforcement and compliance with environmental protection laws. The Minister's decision to adopt these plans is part of a broader regulatory framework aimed at conserving biodiversity and managing threatened species effectively.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.