Environment Protection and Biodiversity Conservation Act 1999 - Section 269A - Instrument Adopting Recovery Plans (NSW, QLD, SA, TAS, VIC and WA) (19/01/2012)

EXPLANATORY STATEMENT

(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)

Environment Protection and Biodiversity Conservation Act 1999

Instrument Adopting Recovery Plans

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.

Part 13, Division 5, Subdivision A of the Act provides for the making, or adoption of, recovery plans for listed threatened species or ecological communities, which bind the Commonwealth and Commonwealth agencies.

Subsection 269A(7) of the Act enables the Minister, by instrument in writing, to adopt as a recovery plan for a listed threatened species or ecological community, 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 various recovery plans (the adopted plans) prepared respectively by New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia, as the recovery plans for the following listed threatened species and ecological communities:

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 set out in the table, in order to maximise their chances of long-term survival in nature.

The adopted recovery plans of:

• New South Wales, in respect of:

-          Lathamus discolor (swift parrot)

• Tasmania, in respect of:

-          Barbarea australis (native wintercress, riverbed wintercress)

-          Phebalium daviesii (Davies' waxflower, St Helens waxflower)

-          Spyridium obcordatum (creeping dusty miller)

-          Tasmanian forest epacrids

-          Threatened Tasmanian lowland Euphrasia species

• Victoria, in respect of Eulamprus tympanum marnieae (Corangamite water skink)
• Western Australian, in respect of:

-          Aquatic Root Mat Communities Numbers 1-4 of Caves of the Leeuwin-Naturaliste Ridge

-          Assemblages of Organic Mound (Tumulus) Springs of the Swan Coastal Plain

-          Shrubland Association on Southern Swan Coastal Plain Ironstone (Busselton Area) (Southern Ironstone Association)

-          Shrublands and Woodlands on Perth to Gingin Ironstone

supersede recovery plans previously adopted under the Act. The Instrument revokes the adoption of the superseded recovery plans.

The recovery plan prepared by Tasmania for threatened Tasmanian ferns has been adopted in respect of Asplenium hookerianum (maidenhair spleenwort) and Hypolepis distans (scrambling ground-fern) only, as the other species covered by this plan are not currently listed as threatened species under the Act. In relation to Asplenium hookerianum, this recovery plan complements, but does not displace, the recovery plan prepared by Victoria for that species across its full range and adopted in 2010.

Subsection 277(1) of the Act provides that the Minister must not adopt a recovery plan under subsection 269A(7) unless:

-          the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and

-          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. Details of how the adopted plans comply with section 270 of the Act are set out in Attachment A.

The adopted plans have been endorsed by the States and/or Territories in which the relevant species occur/s. Potentially affected Australian Government agencies have also been consulted.

All of the adopted plans were placed on public exhibition at various times for periods of 2-3 months each and comments were invited from the public. All plans were advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and the website of the Australian Government Department of Sustainability, Environment, Water, Population and Communities. No comments were received on any of these plans.

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 Committee advised that it recommends the plans for adoption by the Minister.

The adopted plans are available from the Australian Government Department of Sustainability, Environment, Water, Population and Communities website: http://www.environment.gov.au/biodiversity/threatened/recovery-list-scientific.html

or from the Community Information Unit, Department of Sustainability, Environment, Water, Population and Communities, 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 adopted plans commenced on the day after the Instrument was registered on the Federal Register of Legislative Instruments.

Authority: Section 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999.

ATTACHMENT A

Meeting the requirements of section 270 of the EPBC Act

Section 270 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) specifies the content requirements for recovery plans. The Minister cannot adopt a State or Territory plan as a recovery plan, unless the plan meets the requirements of section 270.

The Department of Sustainability, Environment, Water, Population and Communities and the Threatened Species Scientific Committee assessed the adopted plans and both concluded that they comply with the requirements of section 270 of the EPBC Act.

Section 270 (1) of the Act provides that a recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species concerned so that their long-term chances of survival in the wild are maximised. The adopted plans were assessed as compliant in this respect. Each of the adopted plans provides an appropriate balance between identified research actions necessary to better understand the ecological requirements of the species, and management actions necessary to deal with all of the known threats and improve the species’ prospects of survival.

Section 270(2) of the Act provides that a recovery plan must particularly include the material specified in that subsection. The adopted plans each state:

-          the objectives to be achieved;

-          the criteria against which achievement of the objectives is to be measured; and

-          the actions needed to achieve the objectives.

Therefore, they were assessed as compliant in respect of paragraphs (a), (b) and (c) of section 270(2) of the Act.

Section 270(2A) of the Act provides that a recovery plan is only required to address certain matters identified in section 270(2) to the extent it is practicable to do so. This includes:

- identifying habitats critical to survival of the species;

- identifying populations under particular pressure of survival; and

- specifying major benefits to other native species or ecological communities that will be affected by implementation of the plan/s.

Where this information is readily available, it was identified in the relevant plan. For example, as a forest and woodland dependent bird the swift parrot is a high profile species associated with conservation of such habitats in south-eastern Australia. Given this plan focuses on protecting habitat for the swift parrot, it is also likely to have positive implications for a diversity of non-target native species that occur within the same habitats and ecological communities that provide habitat for this species. Data have been collected on many of these species as part of the Swift Parrot Recovery Program, often providing information not otherwise available.

Where information is not available, additional actions have usually been incorporated into the plan for it to be obtained. For example, while there is considerable information on aspects of habitat used by the brush-tailed rock-wallaby, there are still key aspects of habitat use that are not known, especially how habitat varies across the distribution of the species, and habitat used in the absence of predation pressure from feral mammals. Proposed recovery actions include establishing a project to determine these factors and determine habitat that is critical to survival of the species across its total range.

Section 270(3) of the Act provides that in making a recovery plan, regard must be had to the objects of the Act, the most efficient and effective use of resources, minimising adverse social and economic impacts, meeting Australia’s international obligations, and the role and interests of indigenous people. All of the adopted plans are compliant with these requirements. For example, the recovery plans for threatened Tasmanian lowland Euphrasias and Tasmanian forest epacrids integrate actions across multiple threatened species and include links to existing management programs, legislation/regulation, monitoring, research and education activities.

The implementation of the adopted plans provides an opportunity for engagement with indigenous communities, especially for those species that are of particular historic or cultural significance to indigenous peoples. For example, the large-eared pied bat occurs across an area from Shoalwater Bay, north of Rockhampton, Queensland, through to the vicinity of Ulladulla in southern New South Wales. As a consequence of this broad distribution implementation of components of this recovery plan will require assistance and input from a range of Indigenous people who either have management responsibility for affected lands or have a cultural connection to lands critical for the conservation of the large-eared pied bat. Significant areas of private land within the range of the large-eared pied bat are owned or managed by private interests including Indigenous groups. A strong focus on these groups will ensure that potential priority populations are identified and protected on private land. The plan identifies that contact will be made with relevant community groups, including Indigenous groups, to encourage involvement in the recovery program.

Statement of Compatibility with Human Rights

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.