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 Recovery Plan for
Orange-bellied Parrot (Neophema chrysogaster) 1998-2002;
that was adopted under subsection 269A(7) of the Act in order to facilitate the adoption of the new Recovery Plans for the species; and
(b) adopt the following recovery plan (the adopted plans):
National Recovery Plan for the Orange-bellied Parrot (Neophema chrysogaster)
The adopted 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.
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 Plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The repeal of the Recovery Plan for Orange-bellied Parrot (Neophema chrysogaster) 1998-2002 takes effect on the date of signing of the instrument. In addition, in accordance with subsection 273(1A) of the Environment Protection and Biodiversity Conservation Act 1999, the adopted Recovery Plan comes 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.