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):
(a) Prepared by the State of Victoria:
1. Australian Grayling Prototroctes maraena Recovery Plan
2. Murray Hardyhead Craterocephalus fluviatilis Recovery Plan
3. Trout Cod Maccullochella macquariensis Recovery Plan
4. Sunshine Diuris Diuris fragrantissima Recovery Plan
(b) Prepared by the State of Queensland:
5. Southern Cassowary Casuarius casuarius johnsonii Recovery Plan
6. Mahogany Glider Petaurus gracilis Recovery Plan
Although the instrument includes reference to the Lord Howe Island Biodiversity Management Plan, it should be noted that this instrument does not achieve the adoption of that plan because it does not list the threatened taxa addressed in the plan. Consequently, the adoption of the Lord Howe Island Biodiversity Management Plan is being handled by a separate instrument.
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 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 for three months 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.
In accordance with subsection 273(1A) of the Environment Protection and Biodiversity Conservation Act 1999, the adopted Recovery Plans come 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 plans.