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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide a framework for the protection and conservation of the environment, including threatened species and ecological communities, in Australia. This Act is central to the Commonwealth's obligations in preserving biodiversity and ensuring that recovery plans are in place for threatened species. The Act was passed by the Australian Parliament to address the need for a unified approach to environmental protection that complements state and territory laws while recognising the national and international responsibilities of Australia. The policy objective of the Act is to facilitate the recovery and conservation of threatened species and their habitats through coordinated planning and action. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, seeks to repeal the outdated Recovery Plan for the Forty-Spotted Pardalote (Pardalotus quadragintus) and adopt new recovery plans for several Tasmanian species, ensuring that these plans are aligned with the requirements of the Act and have undergone appropriate consultation and expert review.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) pertains to the Commonwealth's responsibility to protect and conserve threatened species and ecological communities, as well as ensuring the existence of recovery plans under the Act. This legislation applies to the Minister for the Environment and Heritage, who has the authority to adopt recovery plans created by states, self-governing territories, or their agencies. The Act's geographic reach is national, as it concerns species and communities across Australia. The instrument in question repeals the Recovery Plan for the Forty-Spotted Pardalote (Pardalotus quadragintus) 1991-1997 and adopts nine new National Recovery Plans for various Tasmanian species, including the Tasmanian Giant Freshwater Lobster, Forty-spotted Pardalote, Tasmanian Freshwater Galaxiidae, and several threatened orchids, grasstrees, and other flora. These adopted plans have been assessed and comply with the requirements set out in the Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister must be satisfied that an appropriate level of consultation has taken place and that the plan meets the Act's requirements before adopting a recovery plan. Additionally, the Minister must obtain and consider advice from the Scientific Committee regarding the plan's content. These adopted plans aim to halt the decline of and support the recovery of the listed threatened species to maximise their chances of long-term survival in nature. The adopted plans are available for public access through the Australian Government Department of the Environment and Heritage website or by contacting the relevant department directly.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines specific procedures for the protection of threatened species and ecological communities. Section 269A(7) allows the Minister for the Environment and Heritage to adopt recovery plans made by states, territories, or their agencies. The explanatory statement references this section to clarify the Minister’s ability to adopt recovery plans, which are essential for the conservation and recovery of threatened species. In this context, the statement specifically mentions the repeal of the Recovery Plan for the Forty-Spotted Pardalote (1991-1997) and the adoption of new recovery plans for several Tasmanian species (subsection 269A(7)). Under the EPBC Act, the obligations imposed on the Minister include ensuring that adopted recovery plans are based on appropriate consultation and scientific advice. Subsection 277(1) mandates that the Minister verify adequate consultation has occurred before adopting a plan. Furthermore, subsection 277(2) requires the Minister to consider advice from the Scientific Committee regarding the content of the recovery plans. The adopted plans must also meet the requirements outlined in section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. These plans are intended to detail necessary research and management actions to halt the decline and support the recovery of the listed species, ensuring their long-term survival. Failure to comply with the provisions of the EPBC Act and the adopted recovery plans may result in civil or criminal penalties. While the explanatory statement does not specify exact penalties, breaches of the Act generally attract fines and, in severe cases, imprisonment. For instance, under the EPBC Act, unauthorised actions that harm listed species or communities can lead to substantial fines. Additionally, individuals or entities failing to adhere to the recovery plans may face legal consequences as stipulated in relevant sections of the Act. It is important to note that the rights and liabilities of non-Commonwealth persons are not adversely affected by the retrospective commencement of these plans, as per subsection 12(2) of the Legislative Instruments Act 2003. The adopted recovery plans are publicly accessible, fulfilling the requirement under paragraph 277(1)(a) of the Act to place the plans on public exhibition and invite comments. The Threatened Species Scientific Committee reviewed the plans and recommended their adoption as per section 274 of the Act. The Minister’s decision to adopt these plans follows this recommendation and the consideration of public comments. The new plans are available from the Australian Government Department of the Environment and Heritage, ensuring transparency and public participation in the conservation process.