Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument repealing and adopting Recovery Plans (09/08/2007) (NSW, NT)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity, including threatened species and ecological communities. This legislation provides the Commonwealth with specific obligations to ensure the protection and recovery of species at risk of extinction. Pursuant to the Act, the Minister for the Environment and Water Resources has the authority to adopt state or territory recovery plans, thereby streamlining the conservation efforts across different jurisdictions and ensuring consistency in the protection measures. This legislative instrument repeals the outdated Wollemi Pine Recovery Plan, NPWS (1998) and adopts two new recovery plans for Wollemi Pine and Boronia species, which have been recommended for adoption following rigorous assessment and public consultation, aligning with the policy objectives of maximising the long-term survival chances of these species in their natural habitats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any action that may impact upon matters of national environmental significance, including threatened species and ecological communities. The Act provides the framework for the Commonwealth to implement its obligations under various international agreements and to protect Australia’s biodiversity. The Act applies to individuals, corporations, and government entities within the Commonwealth's jurisdiction. Under the Act, the Minister for the Environment and Water Resources has the authority to adopt recovery plans for threatened species, which have been developed by states or territories, provided that these plans meet the requirements of the Act and have undergone appropriate consultation and scientific review. The adopted plans, once approved, are legally binding and outline the necessary research and management actions to ensure the survival of the listed species. The Act also allows for the repeal of existing recovery plans if they are deemed inadequate or replaced by more effective plans. The geographical scope of the Act is national, covering all of Australia and its territorial waters. This legislation extends its reach through subordinate instruments, such as regulations and recovery plans, which provide detailed guidance on the implementation of the Act's provisions.

Key Provisions

The primary sections of this legislative instrument are subsection 269A(7) and subsection 277 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), which empower the Minister to adopt recovery plans prepared by states or territories for the protection of threatened species. This instrument specifically repeals the Wollemi Pine Recovery Plan, NPWS (1998) and adopts the Wollemi Pine (Wollemia nobilis) Recovery Plan prepared by New South Wales, and the Boronia quadrilata and Boronia viridiflora Recovery Plan prepared by the Northern Territory. These adopted plans are designed to outline the necessary research and management actions for the recovery of the respective species. The adoption process requires that the Minister is satisfied with the level of consultation and the content of the plans, and that the plans meet the requirements of section 270 of the Act. The adopted plans have been made publicly available and have incorporated feedback from the public. The Act imposes specific obligations on the Minister, including ensuring that an appropriate level of consultation has taken place and that the adopted plans meet the requirements set out in section 270. Additionally, the Minister must consider advice from the Threatened Species Scientific Committee regarding the content of the plans, as mandated by subsection 277(2). The adopted plans must be placed on public exhibition and comments from the public must be taken into account, as required by paragraph 277(1)(a) of the Act. Furthermore, the adopted plans must provide for necessary research and management actions to support the recovery of the listed threatened species, maximising their chances of long-term survival in nature. Breaches of the obligations and requirements imposed by the Act may have legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, the Act generally provides for both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the Act and any applicable regulations. This legislative instrument is also governed by the Legislative Instruments Act 2003, which outlines the process for creating legislative instruments and their commencement. The repeal of the Wollemi Pine Recovery Plan, NPWS (1998) takes effect on the date of signing of the instrument, while the adopted Recovery Plan comes into force on the date specified in the instrument, in accordance with subsection 273(1A) of the Environment Protection and Biodiversity Conservation Act 1999. It is important to note that the retrospective commencement of the Plans has not adversely affected the rights and liabilities of persons other than the Commonwealth, as per subsection 12(2) of the Legislative Instruments Act 2003.