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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Australian Parliament to address the need for comprehensive protection and conservation of the nation's threatened species and ecological communities. The Act facilitates the adoption of state-made recovery plans as federal recovery plans, as provided for under subsection 269A(7), to ensure a coordinated and effective approach to species conservation. This legislative instrument, issued under the authority of the Minister for the Environment and Water Resources, repeals the outdated Recovery Plan for the Orange-bellied Parrot (Neophema chrysogaster) 1998-2002 and adopts the new National Recovery Plan for the Orange-bellied Parrot (Neophema chrysogaster) to better support the species' long-term survival. The policy objective of the Act is to ensure that an appropriate level of consultation has been undertaken and that the adopted recovery plans meet the requirements of the Act, as well as to provide for the research and management actions necessary to halt the decline and support the recovery of listed threatened species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates the Commonwealth's responsibility to safeguard and conserve threatened species and ecological communities. Under this Act, the Minister for the Environment and Water Resources has the authority to adopt recovery plans formulated by states, territories, or their agencies, which includes the power to repeal existing plans to facilitate the adoption of new ones. The legislation applies to individuals, entities, and industries involved in activities that impact threatened species and their habitats, as well as to the conduct and transactions that affect these areas. The Act's jurisdiction is national, extending across Australia, and it applies to all Commonwealth, state, and territory actions that may affect listed threatened species. Exclusions and exemptions are limited to specific conditions outlined in the Act, and the scope of application can be extended or restricted through subordinate instruments such as regulations and guidelines. The repealed Recovery Plan for the Orange-bellied Parrot (1998-2002) and the newly adopted National Recovery Plan for the Orange-bellied Parrot both comply with the requirements set forth in the EPBC Act and the associated regulations, ensuring they meet the necessary standards for public consultation and scientific review before adoption.
Key Provisions
The primary sections of this legislative instrument (F2007L01331) involve the repeal and adoption of recovery plans for the Orange-bellied Parrot under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 269A(7) of the Act allows the Minister to adopt a recovery plan prepared by a state, a self-governing territory, or an agency of a state or territory. This instrument specifically repeals the existing Recovery Plan for Orange-bellied Parrot (Neophema chrysogaster) 1998-2002 and adopts the new National Recovery Plan for the Orange-bellied Parrot (Neophema chrysogaster). These plans are crucial for guiding the conservation efforts aimed at halting the decline and supporting the recovery of the listed threatened species.
The obligations imposed by this Act on the relevant parties include ensuring that appropriate levels of consultation are undertaken during the development of the recovery plan, as mandated by subsection 277(1) of the Act. Additionally, the Minister is required to obtain and consider advice from the Threatened Species Scientific Committee on the content of the plan, as stipulated in subsection 277(2). The adopted recovery plan must also comply with the requirements outlined in section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. The adopted plan was subject to public exhibition, and all public comments were considered before finalisation.
Failure to comply with the provisions of the Act can lead to several consequences. Although specific offences and penalties are not detailed in the explanatory statement, breaches of environmental protection laws generally can result in significant fines and, in some cases, imprisonment. The severity of penalties depends on the nature and extent of the breach, with maximum penalties potentially reaching into the hundreds of thousands of dollars for corporate entities and substantial fines for individuals. Civil and criminal proceedings can be initiated against those who contravene the Act, underscoring the seriousness with which environmental protection is regarded.
The instrument also notes that the rights and liabilities of persons other than the Commonwealth have not been adversely affected by the retrospective commencement of the Plans, as per subsection 12(2) of the Legislative Instruments Act 2003. This ensures that the changes in legislation do not unfairly impact individuals or entities that were not directly involved in the creation or enforcement of the previous recovery plan. The new plan, once adopted, becomes effective on the date specified in the instrument, providing a clear and legally binding framework for the conservation efforts moving forward.