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 Water Resources)
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.
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 Tasmanian Wedge-tailed Eagle (Aquila audax fleayi) 1998-2003; and
(b) adopt the recovery plan (the adopted plan) prepared by the Tasmanian Government the Threatened Tasmanian Eagles Recovery Plan 2006-2010.
The plan has been assessed and complies 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 plan provides 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 plan was 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 plan.
The information in the adopted plan enabled the Threatened Species Scientific Committee to recommend the adoption of this plan as required under section 274 of the Act.
An Addendum (Schedule 1) was added to the plan by the Australian Government Department of the Environment and Water Resources which provides more information on approaches to threat abatement for the Tasmanian Wedge-tailed Eagle.
The adopted plan is available from the Australian Government Department of the Environment and Water Resources website: www.environment.gov.au/biodiversity/threatened/recovery/index.html or from the Community Information Unit, Department of the Environment and Water Resources, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772. Further information about the Department can be found at www.environment.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 Tasmanian Wedge-tailed Eagle (Aquila audax fleayi) 1998-2003 takes effect on the date of signing of the instrument. In addition, in accordance with subsection 273(1A) of the Act, the adopted Recovery Plan 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 Plan.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide a comprehensive framework for the protection and management of the nation's environmental assets, including threatened species and ecological communities. The Act was introduced to address the need for a coordinated approach to environmental protection across Australia, ensuring that both federal and state jurisdictions work collaboratively to conserve biodiversity. One of the key mechanisms within the EPBC Act is the adoption of state recovery plans as part of the national recovery plan framework, facilitating streamlined and effective conservation efforts. The explanatory statement outlines the repeal of an outdated recovery plan for the Tasmanian Wedge-tailed Eagle and the adoption of a new, more comprehensive plan prepared by the Tasmanian Government, ensuring alignment with the requirements and objectives of the EPBC Act. This legislative action aims to enhance the protection and recovery efforts for this listed threatened species, reflecting a commitment to improving biodiversity outcomes through collaborative governance.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Commonwealth, states, territories, and all persons and entities within their jurisdiction, with a particular focus on protecting and conserving threatened species and ecological communities. The Act allows for the adoption of state-prepared recovery plans, which are crucial for the management and recovery of threatened species. This legislative instrument specifically repeals the Tasmanian Wedge-tailed Eagle (Aquila audax fleayi) 1998-2003 recovery plan and adopts the Threatened Tasmanian Eagles Recovery Plan 2006-2010 prepared by the Tasmanian Government. The Minister for the Environment and Water Resources must be satisfied that appropriate consultation has taken place and that the plan meets the requirements of the EPBC Act before adoption. The adopted plan aims to halt the decline and support the recovery of the listed threatened species, ensuring their long-term survival in the wild. This legislative instrument is subject to the Legislative Instruments Act 2003 and has no adverse effect on the rights and liabilities of persons other than the Commonwealth.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains provisions that allow the Minister to adopt recovery plans prepared by States or Territories for threatened species. Specifically, subsection 269A(7) of the Act enables the Minister to adopt a recovery plan made by a State or Territory government or an agency of a State or Territory. In this case, the instrument in question repeals the Tasmanian Wedge-tailed Eagle (Aquila audax fleayi) 1998-2003 (subsection 277(1) of the Act) and adopts the Threatened Tasmanian Eagles Recovery Plan 2006-2010 prepared by the Tasmanian Government. The repealed plan is replaced with the new adopted plan, which provides for the research and management actions necessary to support the recovery of the listed threatened species.
The Act imposes several obligations on the Minister when adopting a recovery plan. Firstly, subsection 277(1) of the Act requires the Minister to be satisfied that an appropriate level of consultation has been undertaken in the making of the plan and that the plan meets the requirements of section 270 of the Act. Additionally, subsection 277(2) requires the Minister to obtain and consider advice from the Scientific Committee on the content of the plan. In this case, the adopted plan was placed on public exhibition, comments were invited from the public, and all comments were taken into account in finalising the adopted plan. The Threatened Species Scientific Committee was also able to recommend the adoption of this plan as required under section 274 of the Act.
There are no explicit offences or penalties stated in the Act or the explanatory statement for failing to comply with the provisions of the adopted plan. However, non-compliance with the Act or the regulations could result in civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for offences under the Act can be found in sections 514 and 515 of the Act, which provide for fines of up to $330,000 for individuals and $1.65 million for corporations, as well as imprisonment for up to five years. The Act also includes provisions for the enforcement of compliance and the imposition of penalties by authorised officers.
The instrument repealing and adopting the Recovery Plans is a legislative instrument for the purposes 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 Plan. The repeal of the Tasmanian Wedge-tailed Eagle (Aquila audax fleayi) 1998-2003 takes effect on the date of signing of the instrument, and the adopted Recovery Plan came into force on the date specified in the instrument. This ensures that the new plan is implemented in a timely and effective manner to support the recovery of the threatened species.