Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument Adopting Recovery Plans (27/03/2008) (VIC, QLD, NSW)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to address the need for a comprehensive framework to protect and conserve the nation's biodiversity. This Act establishes obligations for the Commonwealth to safeguard threatened species and ecological communities, ensuring their long-term survival. One of the mechanisms provided by the Act is the adoption of state or territory recovery plans as Commonwealth recovery plans, which facilitates coordinated efforts in biodiversity conservation across jurisdictions. The explanatory statement indicates that this legislative instrument, F2008L02035, aims to adopt specific recovery plans prepared by the states of Victoria and Queensland for certain threatened species, following rigorous assessment and consultation processes to ensure compliance with the Act's requirements and the advice of the Threatened Species Scientific Committee.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) mandates the Commonwealth's responsibility to protect and conserve threatened species and ecological communities. Pursuant to subsection 269A(7) of the Act, the Minister for the Environment, Heritage, and the Arts has the authority to adopt as a recovery plan a plan formulated by a State, a self-governing Territory, or an agency of a State or self-governing Territory. This particular instrument adopts six recovery plans prepared by the States of Victoria and Queensland, aiming to halt the decline and support the recovery of listed threatened species to enhance their long-term survival prospects in their natural habitats. The adopted plans encompass the Australian Grayling, Murray Hardyhead, Trout Cod, Sunshine Diuris, Southern Cassowary, and Mahogany Glider recovery plans. Prior to adoption, the Minister must be convinced that the plans align with the Act's requirements and that adequate consultation has occurred, in addition to obtaining advice from the Scientific Committee. The adopted recovery plans comply with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. They were publicly exhibited for three months, inviting public feedback which was considered in finalizing the plans. The Threatened Species Scientific Committee has endorsed these plans for adoption. These plans are accessible through the Australian Government Department of the Environment, Water, Heritage, and the Arts website or by contacting the Community Information Unit. The adopted Recovery Plans are legislative instruments under the Legislative Instruments Act 2003 and come into force on the date specified in the instrument.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is designed to protect and conserve threatened species and ecological communities. One of its provisions, section 269A(7), allows the Minister for the Environment, Heritage and the Arts to adopt recovery plans developed by states, territories, or agencies. The explanatory statement outlines the adoption of several recovery plans by the Minister, including plans for the Australian Grayling, Murray Hardyhead, Trout Cod, Sunshine Diuris, Southern Cassowary, and Mahogany Glider, among others. It should be noted that the Lord Howe Island Biodiversity Management Plan is not adopted by this instrument due to its lack of listing of the threatened taxa addressed in the plan. The Act imposes several obligations on the Minister before adopting a recovery plan. Firstly, under section 277(1), the Minister must be satisfied that the plan meets the requirements of section 270 and that an appropriate level of consultation has been undertaken. Secondly, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan, as per subsection 277(2). The adopted plans have been assessed to comply with section 270 and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. Additionally, the plans were subject to public exhibition for three months, during which comments were invited and subsequently taken into account in finalising the plans. The adopted recovery plans provide for the research and management actions necessary to halt the decline of, and support the recovery of, the listed threatened species, thereby maximising their chances of long-term survival in nature. The Threatened Species Scientific Committee has advised that it recommends the plans for adoption by the Minister. The adopted plans are available for public access through the Australian Government Department of the Environment, Water, Heritage and the Arts website, by mail, or by phone. The instrument adopting the recovery plans is a legislative instrument under the Legislative Instruments Act 2003. The adopted recovery plans come into force on the date specified in the instrument, as per subsection 273(1A) of the Act. Importantly, the rights and liabilities of a person other than the Commonwealth have not been adversely affected by the retrospective commencement of the plans, as per subsection 12(2) of the Legislative Instruments Act 2003.