EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument Jointly Making a Recovery Plan
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC 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 EPBC Act provides for the making, joint making or adoption of, recovery plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.
Section 269A(3) of the EPBC Act enables the Minister to make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species or listed threatened ecological community jointly with one or more of the States and self-governing Territories in which the species or community occurs, or with agencies of one or more of those States and Territories.
The purpose of this instrument is to jointly make, with the New South Wales Minister for the Environment, Minister for Local Government and Minister for Heritage, and the Queensland Minister for Environment and Heritage Protection and Minister for National Parks and the Great Barrier Reef, the Recovery Plan for Marine Turtles in Australia for the following listed threatened species:
Caretta caretta
Lepidochelys olivacea
Dermochelys coriacea
Chelonia mydas
Natator depressus
Eretmochelys imbricata
The jointly made recovery plan replaces the recovery plan previously made under the EPBC Act by Environment Australia in 2003, entitled “Recovery Plan for Marine Turtles in Australia”.
Jointly making the Recovery Plan for Marine Turtles in Australia
This recovery plan meets the requirements of section 270 of the EPBC Act and section 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth). It sets out the research and management actions necessary to stop the decline of, and support the recovery of marine turtles throughout their range in Australia.
Section 274 of the EPBC Act, which requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee on the content of the recovery plan, has been met.
In accordance with section 275 of the EPBC Act, the draft recovery plan was open for public comment from 30 September 2016 until 13 January 2017. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and on the website of the Australian Government Department of the Environment and Energy. As per section 276 of the EPBC Act, all comments were considered in making the recovery plan.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003 (Cth). The Recovery Plan for Marine Turtles in Australia was made on the day the Instrument was signed by the Commonwealth Minister for the Environment and Energy and comes into force on the day after it is registered on the Federal Register of Legislation.
Authority: Section 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted by the Commonwealth Parliament to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species and ecological communities. This Act addresses the problem of biodiversity loss and the decline of threatened species by providing a framework for their protection and management. One of the mechanisms under this Act is the creation of recovery plans for listed threatened species or ecological communities, which are binding on the Commonwealth and Commonwealth agencies. The Act enables the Minister for the Environment and Energy to make a recovery plan jointly with relevant state or territory ministers or agencies. This collaborative approach ensures that the recovery plans are tailored to the specific needs of the threatened species or communities within their jurisdictions and leverages the expertise and resources of multiple stakeholders. The policy objective is to halt the decline of threatened species and support their recovery through coordinated research and management actions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and the conservation of biodiversity across Australia, including the protection and conservation of threatened species and ecological communities. This Act specifically addresses the creation, joint creation, or adoption of recovery plans for listed threatened species or ecological communities, binding the Commonwealth and Commonwealth agencies. Section 269A(3) of the EPBC Act allows the Minister for the Environment and Energy to make a written recovery plan for the protection, conservation, and management of a listed threatened species or ecological community in collaboration with one or more states or territories in which the species or community occurs, or with agencies of those states or territories. This legislation extends its application nationally, as evidenced by the Recovery Plan for Marine Turtles in Australia, which is jointly made with the New South Wales and Queensland governments. The recovery plan replaces a previous plan from 2003 and sets out necessary research and management actions to halt the decline and support the recovery of marine turtles throughout Australia. The process adheres to the requirements of section 270 of the EPBC Act and section 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), ensuring public consultation and expert advice from the Threatened Species Scientific Committee are incorporated into the plan's development.
Key Provisions
The operative sections of this legislation include Section 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which enables the Minister to jointly make a recovery plan with one or more States or self-governing Territories. Section 270 requires the recovery plan to include certain elements, such as research and management actions. Section 274 requires the Minister to obtain advice from the Threatened Species Scientific Committee on the content of the recovery plan, while Section 275 mandates that the draft recovery plan be open for public comment for a specified period. Finally, Section 276 requires that all public comments be considered in making the recovery plan.
The obligations and requirements imposed by this Act on the parties it governs include the joint making of a recovery plan for listed threatened species or communities, obtaining advice from the Threatened Species Scientific Committee, and considering public comments. The Act also requires the recovery plan to include research and management actions necessary to support the recovery of marine turtles throughout their range in Australia.
The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the requirements of the Act, such as not obtaining advice from the Threatened Species Scientific Committee or not considering public comments, may result in legal challenges or other consequences. It is important for the parties governed by this Act to carefully follow the requirements set out in the legislation to avoid any potential negative outcomes.