Environment Protection and Biodiversity Conservation Act 1999 - Section 269A - Instrument Jointly Making the National Recovery Plan for the Plains-wanderer (05/05/2016)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to address the need for a comprehensive framework for the protection and conservation of the environment and biodiversity in Australia. This legislation provides mechanisms for the protection of threatened species and ecological communities, including the establishment of recovery plans to aid in their conservation. One significant aspect of the EPBC Act is its provision for the joint making of recovery plans, which ensures collaboration between the Commonwealth and states in managing and protecting threatened species and communities. The enactment of this Act by the Parliament of Australia aims to fill the gap in biodiversity conservation by providing a unified legislative approach to protect and manage species and communities at risk. This collaborative framework underscores the policy objective of enhancing the conservation efforts across jurisdictional boundaries to ensure the sustainability and protection of Australia's unique biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth), as applied through this instrument, applies to the Commonwealth, Commonwealth agencies, and in conjunction with the South Australian Minister for Sustainability, Environment and Conservation, to the plains-wanderer (Pedionomus torquatus). This legislation mandates the creation and implementation of a recovery plan for this listed threatened species, ensuring coordinated efforts across jurisdictions to halt its decline and facilitate its recovery. The geographic scope of this Act extends across the areas where the plains-wanderer is found, with a particular focus on collaborative action between federal and state authorities. The instrument itself does not explicitly mention exclusions or exemptions, but it operates within the broader framework of the EPBC Act and associated regulations, which may contain specific provisions or criteria governing its application. The Act’s provisions can be further extended or specified through subordinate instruments, such as regulations, which provide detailed operational guidelines and support the overarching objectives of the recovery plan.

Key Provisions

The main operative sections of the legislation, namely section 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), enable the Minister to jointly create a recovery plan for a listed threatened species or community with the relevant state or territory ministers. This recovery plan, in this case for the plains-wanderer, specifies the research and management actions necessary to prevent the decline and support the recovery of the species throughout its range. The plan is made in consultation with the Threatened Species Scientific Committee, as mandated by section 274 of the EPBC Act, and is subject to public review as per section 275, with all comments considered in the finalisation of the plan, as stipulated by section 276. This joint legislative instrument, signed by the Commonwealth Minister for the Environment, becomes effective the day after it is registered on the Federal Register of Legislation. The obligations imposed by the Act on the parties involved include the requirement to collaborate in the creation of the recovery plan, ensuring it meets the criteria set out in section 270 of the EPBC Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) (the Regulations). The Minister and the South Australian Minister for Sustainability, Environment and Conservation must adhere to the process of obtaining and considering advice from the Threatened Species Scientific Committee and opening the draft plan for public comment. Additionally, the plan must be made public through notices in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper, and on the Australian Government Department of the Environment’s website, ensuring transparency and public participation in the conservation effort. The legislation also outlines the consequences for non-compliance. While specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act or its regulations could potentially lead to civil or criminal penalties, depending on the nature and severity of the violation. The Act, as a whole, includes provisions for enforcement actions, which might include fines or other legal sanctions. The precise penalties for any breaches would be determined in accordance with the broader provisions of the EPBC Act and any relevant regulations or subsidiary legislation.