Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument Adopting Recovery Plans (NSW, SA, WA) (20/06/2011)

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, South Australia and Western Australia, as the recovery plans for the following listed threatened species:

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.

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, the recovery plan for Verticordia fimbrilepis subsp. fimbrilepis identifies important populations, and identifies habitat critical to the survival of the subspecies as including the area of occupancy of these populations, areas of similar habitat surrounding these populations, additional occurrences of similar habitat that may contain undiscovered populations of the subspecies or be suitable for future translocations, and the local catchment of these populations for the surface and/or groundwater that maintains the habitat of the subspecies.

Where information is not available, additional actions have usually been incorporated into the plan for it to be obtained. For example, habitat critical to survival of Acacia vassalii has not yet been precisely mapped and proposed recovery actions include mapping habitat critical to the survival of this species.

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 production of the recovery plan for Pultenaea sp. Genowlan Point will decrease the costs associated with collating available information on P. sp. Genowlan Point and Genowlan Point Allocasuarina nana Heathland when undertaking impact assessments, and the improved environmental impact assessment resulting from mechanisms established in this recovery plan will assist consent and determining authorities to better meet their statutory responsibilities – an efficient and effective use of resources.

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, two Verticordia fimbrilepis subsp. fimbrilepis populations occur in the vicinity of sites of Aboriginal significance, and Indigenous input and involvement has been sought through the South West Aboriginal Land and Sea Council (SWALSC) and Department of Indigenous Affairs to identify any issues with the recovery plan, with further consultation included as a recovery action to ensure opportunity for Indigenous engagement in relation to the recovery actions.