Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument repealing and adopting Recovery Plans (10/11/2006) (NSW, NT, QLD)

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2006L03887 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

Repeal and Adoption of State Plans as Recovery Plans

(Issued under the Authority of the Minister for the Environment and Heritage)

 

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and to ensure recovery plans are in force under the Act.

 

Subsection 269A(7) of the Act enables the Minister, by instrument in writing, to adopt as a recovery plan a plan made by a State, a self-governing Territory or an agency of a State or

self-governing Territory. 

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The purpose of this instrument is to:

 

(a) repeal the Recovery Plan for the Bridled Nailtail Wallaby (Onychogalea fraenata) 1997-2001 that was adopted under subsection 269A(7) of the Act in order to facilitate the adoption of a new Recovery Plan for the Bridled Nailtail Wallaby; and

 

(b) adopt the following recovery plans (the adopted plans):

 

Recovery Plans for New South Wales species Adopted by the Minister:

National Recovery Plan for Smooth Davidsonia (Davidsonia johnsonii)

National Recovery Plan for Pimelea spicata

National Recovery Plan for Oxleyan Pygmy Perch (Nannoperca oxleyana)

 

Recovery Plan for Northern Territory species Adopted by the Minister:

Recovery Plan for the Marsupial Moles (Notoryctes typhlops and Notoryctes caurinus)

 

Recovery Plan for Queensland species Adopted by the Minister:

Bridled Nail-tail Wallaby (Onychogalea fraenata) Recovery 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.

 

Before the Minister may adopt a recovery plan under subsection 269A(7) of the Act, subsection 277(1) of the Act requires that 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) requires that the Minister obtain and consider advice from the Scientific Committee on the content of the plan.

 

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 so that their chances of long-term survival in nature are maximised.  The adopted plans were placed on public exhibition, as required under paragraph 277(1)(a) of the Act, and comments were invited from the public.  All comments were taken into account in finalising the adopted plans.

 

 

 

 

The information in the adopted plans enabled the Threatened Species Scientific Committee to recommend the adoption of these plans as required under section 274 of the Act.

 

The adopted plans are available from the Australian Government Department of the Environment and Heritage www.deh.gov.au/biodiversity/threatened/recovery/index.html or from the Community Information Unit, Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772.  Further information about the Department can be found at www.deh.gov.au.

 

The instrument repealing and adopting the Recovery Plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The repeal of the Bridled Nailtail Wallaby Recovery Plan (Onychogalea fraenata) 1997-2001 takes effect on the date of signing of the instrument.  In addition, in accordance with subsection 273(1A) of the Act, the adopted Recovery Plans came into force on the date specified in the instrument.

 

For the purposes of subsection 12(2) of the Legislative Instruments Act 2003, the rights and liabilities of a person other than the Commonwealth have not been adversely affected by the retrospective commencement of the Plans.

 

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, seeks to address the protection and conservation of threatened species and ecological communities, as well as the formulation and implementation of recovery plans for these species. This legislation enables the Minister for the Environment and Heritage to adopt state-prepared recovery plans, ensuring a coordinated approach to conservation efforts across different jurisdictions. The primary policy objective of the Act is to facilitate the long-term survival of threatened species in their natural habitats by promoting comprehensive recovery plans that include necessary research and management actions. In alignment with this objective, the Act allows for the repeal of outdated recovery plans and the adoption of new, assessed plans that comply with the Act and associated regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a central piece of legislation in Australia designed to protect and conserve the nation's biodiversity, particularly by ensuring that recovery plans are in force for threatened species and ecological communities. Under the authority of the Minister for the Environment and Heritage, this legislation allows for the adoption of state-prepared recovery plans as official recovery plans under the Act. The purpose of this particular legislative instrument is to repeal the outdated Bridled Nailtail Wallaby Recovery Plan from 1997 to 2001 and adopt new recovery plans for several species, including the Smooth Davidsonia, Pimelea spicata, Oxleyan Pygmy Perch, Marsupial Moles, and the Bridled Nailtail Wallaby. These adopted plans are designed to halt the decline of these species and support their recovery, ensuring their long-term survival in the wild. The adoption process involves rigorous consultation and scientific review, and the plans are made available to the public for comment before finalisation. The geographic scope of this legislation is national, applying across all states and territories in Australia, ensuring a unified approach to the protection and recovery of threatened species.

Key Provisions

The main operative sections of the instrument concern the repeal of an existing recovery plan and the adoption of new plans for various threatened species. Specifically, section 1 repeals the Recovery Plan for the Bridled Nailtail Wallaby (Onychogalea fraenata) 1997-2001, while section 2 adopts new recovery plans for several species, including Smooth Davidsonia (Davidsonia johnsonii), Pimelea spicata, Oxleyan Pygmy Perch (Nannoperca oxleyana), Marsupial Moles (Notoryctes typhlops and Notoryctes caurinus), and the Bridled Nailtail Wallaby (Onychogalea fraenata). These sections are in line with subsections 269A(7) and 277 of the Environment Protection and Biodiversity Conservation Act 1999, which allow the Minister to adopt state recovery plans as part of the Commonwealth's obligations to protect threatened species and ecological communities. The Act imposes specific obligations on the Minister and other parties involved in the creation and adoption of these recovery plans. The Minister must ensure that an appropriate level of consultation has taken place before adopting a recovery plan, as required by subsection 277(1) of the Act. Furthermore, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan, as mandated by subsection 277(2). These obligations ensure that the adopted plans are comprehensive and based on expert advice. Additionally, the adopted plans were subject to public exhibition, allowing for community input, and all comments were considered in finalising the plans. Violations of the requirements set out in the Act can lead to various consequences. While the specific offences and penalties are not detailed in the instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in substantial penalties under other sections of the Act. For instance, unauthorised actions that harm listed threatened species or their habitats can incur civil penalties of up to AUD 666,000 for individuals and AUD 3.33 million for corporations, as well as potential criminal penalties. These provisions underscore the importance of adhering to the adopted recovery plans and the broader legislative framework aimed at conserving Australia's threatened species.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.