EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Revoking and Adoption of State or Territory Plans as Recovery Plans
(Issued under the Authority of the Minister for the Environment, Heritage and the Arts)
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:
- Revoke the Helmeted Honeyeater Lichenostomus melanops cassidix recovery plan, DNRE (1999) (adopted on 16 July 2000); and
(b) Adopt the following recovery plans (the adopted plans):
- Prepared by New South Wales:
1. Ingram's Zieria Zieria ingramii recovery plan
2. Zieria obcordata recovery plan
- Prepared by Victoria:
3. Enigmatic Greenhood Pterostylis aenigma recovery plan
4. Helmeted Honeyeater Lichenostomus melanops cassidix recovery plan
5. Smoky Mouse Pseudomys fumeus recovery plan
- Prepared by Western Australia:
6. Sprawling Spiky Adenanthos Adenanthos pungens subsp. effusus recovery plan
7. Small Two-coloured Kangaroo Paw Anigozanthos bicolor subsp. minor recovery plan
8. Wagin Banksia Banksia oligantha recovery plan
9. Green Flowered Emubush, Campion Eremophila Eremophila virens recovery plan
10. Badgingarra Box Eucalyptus absita recovery plan
11. Hairy Phalanx Grevillea Grevillea dryandroides subsp. hirsuta recovery plan
12. Corrigin Grevillea Grevillea scapigera recovery plan
13. Bussell's Spider-orchid Caladenia busselliana recovery plan
14. Scott River Darwinia Darwinia sp. Scott River (G.J.Keighery 3582) WA Herbarium recovery plan
15. Stirling Range Dryandra Dryandra montana recovery plan
16. Fairalls Lambertia Lambertia fairallii recovery plan
17. Tufted Plumed Featherflower Verticordia plumosa var. ananeotes recovery plan
18. Muir’s Corella Cacatua pastinator pastinator recovery plan
Before the Minister may adopt a recovery plan under subsection 269A(7) of the Act, subsection 277(2) of the Act provides that the Minister must be satisfied that an appropriate level of consultation has been undertaken in making the plan and that the plan meets the requirements of section 270 of the Act. In addition subsection 277(2) of the Act requires the Minister to obtain and consider advice from the Scientific Committee on the content of the plan before adopting 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 have been assessed and comply with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. In addition, the adopted plans were placed on public exhibition and comments were invited from the public. All comments were taken into account in making the decision to adopt the recovery plans under the Act.
The recovery plans for Ingram’s Zieria Zieria ingramii and Zieria obcordada were approved under the New South Wales Threatened Species Conservation Act 1995. Pursuant to subsection 269A(7) of the Act, these plans are adopted with modifications as highlighted in an addendum to each recovery plan.
The advice of the Threatened Species Scientific Committee was also obtained on the content of the recovery plans. The Committee advised that it recommends the plans for adoption by the Minister.
The adopted plans are available from the Australian Government Department of the Environment, Water, Heritage and the Arts website: http://www.environment.gov.au/biodiversity/threatened/recovery-list-scientific.html
or from the Community Information Unit, Department of the Environment, Water, Heritage and the Arts, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772.
The instrument revoking and adopting the recovery plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The adopted recovery plans and the revocation of the Helmeted Honeyeater Recovery Plan, DNRE (1999) commenced on the day after the instrument adopting the recovery plans and revoking the recovery plan was registered on the Federal Register of Legislative Instruments.