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 Lord Howe Island Biodiversity Management Plan (2007) (the adopted plan) prepared by the State of New South Wales.
The Lord Howe Island Biodiversity Management Plan is adopted as the recovery plan for the following listed threatened taxa located on Lord Howe Island:
- Calystegia affinis
- Elymus multiflorus var. kingianus
- Strepera graculina crissalis (Lord Howe Island Currawong)
- Dryococelus australis (Lord Howe Island Phasmid)
- Placostylus bivaricosus (Lord Howe Placostylus)
- Christinus guentheri (Lord Howe Island Gecko)
- Pseudemoia lichenigera (Lord Howe Island Skink)
- Pterodroma neglecta neglecta (Kermadec Petrel (western))
- Fregetta grallaria grallaria (White-bellied Storm-Petrel (Australasian))
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 the plan meets the requirements of section 270 of the Act and that 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 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.
The adopted plan provides 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 plan was placed on public exhibition for two months and comments were invited from the public. All comments were taken into account in finalising the adopted plan.
The advice of the Threatened Species Scientific Committee on the content of the plan was obtained under section 274 of the Act. 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. Further information about the Department can be found at www.environment.gov.au.
The instrument adopting the plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
In accordance with subsection 273(1A) of the Environment Protection and Biodiversity Conservation Act 1999, the adopted plan comes into force on the date specified in the instrument.
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 plan.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity, including threatened species and ecological communities. This Act places certain obligations on the Commonwealth, enabling the Minister to adopt recovery plans prepared by states or territories for specific threatened species. The Act's policy objective is to ensure that appropriate measures are in place to prevent the decline of, and support the recovery of, listed threatened species, thereby maximising their chances of long-term survival in nature. In line with this objective, the Act allows the Minister to adopt the Lord Howe Island Biodiversity Management Plan (2007) prepared by New South Wales as a recovery plan for several threatened species found on Lord Howe Island. This plan was adopted after thorough consultation and consideration of public comments, and has been reviewed and recommended by the Threatened Species Scientific Committee.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as referenced in the explanatory statement, outlines the Commonwealth's responsibility for the protection and conservation of threatened species and ecological communities. The Act allows the Minister for the Environment, Heritage, and the Arts to adopt recovery plans made by states, territories, or their agencies, which must meet specific criteria to ensure their effectiveness and appropriateness. This legislative framework is designed to address the decline of threatened species and promote their recovery, ensuring their long-term survival. In this context, the Lord Howe Island Biodiversity Management Plan (2007), prepared by the State of New South Wales, has been adopted as a recovery plan for several threatened species found on Lord Howe Island, including the Lord Howe Island Currawong, Phasmid, and Gecko, among others. The adoption process involves a thorough assessment to ensure the plan meets the requirements of the Act and has undergone appropriate consultation and scientific review. This legislation applies to the Commonwealth, states, and territories, with a specific focus on the management and protection of biodiversity in Australia, including the preservation of unique species found in isolated environments such as Lord Howe Island.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is pivotal in protecting and conserving threatened species and ecological communities. Section 269A(7) of the Act allows the Minister to adopt a recovery plan prepared by a State, a self-governing Territory, or an agency of a State or Territory. In this instance, the Lord Howe Island Biodiversity Management Plan (2007) (the adopted plan) prepared by the State of New South Wales is adopted as the recovery plan for various threatened species on Lord Howe Island.
The adopted plan, as per section 270 of the Act, must meet specific requirements, including the necessity for appropriate consultation and consideration of advice from the Scientific Committee. The adopted plan must also align with regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. This plan outlines the necessary research and management actions to halt the decline and support the recovery of the listed threatened species, thereby maximising their chances of long-term survival.
Obligations under this Act include ensuring that the adopted plan adheres to the criteria set forth in section 270, and that the Minister has satisfied themselves of the plan's compliance and the adequacy of consultation. The Minister must also obtain advice from the Scientific Committee, as mandated by section 274 of the Act. The adopted plan was subject to public exhibition, and all public comments were considered in its finalisation.
Failure to comply with the provisions of the Act can result in various consequences. While specific offences and penalties are not detailed in this explanatory statement, breaches of the Act could lead to civil or criminal penalties, as outlined in other sections of the Act. The seriousness of the breach would dictate the extent of any penalties imposed, which may include fines or other legal repercussions.