Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument repealing and adopting Recovery Plans (09/05/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide a framework for the protection and conservation of the nation's biodiversity, including threatened species and ecological communities. This legislation addresses the need for a coordinated approach to biodiversity conservation, enabling the Commonwealth to take decisive action where necessary. The Act facilitates the adoption of state recovery plans as Commonwealth recovery plans, ensuring that conservation efforts are streamlined and effective. This particular legislative instrument, issued under the authority of the Minister for the Environment and Water Resources, aims to repeal outdated recovery plans and adopt new ones that better reflect current scientific understanding and conservation needs, thereby maximising the chances of long-term survival for the listed threatened species. The adopted plans have undergone thorough consultation and expert review processes, ensuring they meet the stringent requirements of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the Commonwealth in its role of protecting and conserving threatened species and ecological communities. This Act allows the Minister for the Environment and Water Resources to adopt recovery plans made by States, Territories, or their agencies. The instrument in question repeals two existing interim recovery plans and adopts six new recovery plans for various species, prepared by New South Wales, the Northern Territory, and Queensland. These adopted plans provide for necessary research and management actions to support the recovery of the listed threatened species. The Act’s application extends nationally, with specific recovery plans targeting particular species across different regions. The adopted plans were subject to public consultation and scientific review to ensure they meet the requirements set out in the Act and relevant regulations. The instrument is a legislative one under the Legislative Instruments Act 2003, with the repeal of the old plans and the adoption of the new ones effective from the date of signing, as specified in the instrument.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) outlines the obligations of the Commonwealth to safeguard and preserve threatened species and ecological communities. The Act provides mechanisms to adopt recovery plans for threatened species, as stipulated in section 269A(7). Specifically, the Minister for the Environment and Water Resources can adopt a recovery plan prepared by a State, a self-governing Territory, or an agency of a State or self-governing Territory, provided it meets the requirements of section 270 of the Act. The explanatory statement concerns the repeal of two interim recovery plans and the adoption of several new recovery plans for various species. Section 269A(7) of the Act enables the Minister to adopt a recovery plan that has been prepared by a State, a self-governing Territory, or an agency of a State or self-governing Territory, provided the plan has undergone appropriate consultation and meets the criteria outlined in section 270 of the Act. This includes ensuring that the plan provides for necessary research and management actions to prevent the decline of listed threatened species and support their recovery. In addition, section 277(1) of the Act mandates that the Minister must be satisfied with the level of consultation undertaken and consider advice from the Scientific Committee before adopting a recovery plan. The adopted plans were placed on public exhibition to invite comments, which were taken into account in finalising the plans. The obligations imposed by the Act on the parties include the requirement for appropriate consultation in the preparation of the recovery plans, as mandated by section 277(1) of the Act. The plans must also meet the criteria set out in section 270, ensuring they provide for the necessary research and management actions to support the recovery of the threatened species. The Minister must consider advice from the Scientific Committee, as required by section 277(2). The adopted plans were publicly exhibited, and comments were invited and considered before finalisation. The instrument repealing the Thick-billed Grasswren (Western Subspecies) (Amytornis textilis textilis) Interim Recovery Plan 2000-2002 and the Conservation Research Statement and Species Recovery Plan for (Persoonia nutans) R. Br. 1996 and adopting the new recovery plans has specific commencement provisions. The repeal of the interim plans takes effect on the date of signing, while 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 individuals or entities 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.