Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument Revoking and Adopting Recovery Plans (01/10/2008) (WA, NSW, VIC)

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2008L04007 In force Legislative Instrument

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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:

 

  1.                         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):

  1.                  Prepared by New South Wales:

    1. Ingram's Zieria Zieria ingramii recovery plan

2. Zieria obcordata recovery plan

  1.                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

  1.             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. 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for a comprehensive legislative framework for the protection and conservation of Australia's biodiversity, including threatened species and ecological communities. The Act places obligations on the Commonwealth to safeguard these natural resources. Under the authority of the Minister for the Environment, Heritage and the Arts, the Act was amended to allow the Minister to adopt recovery plans prepared by the states or territories for certain threatened species. This approach aims to facilitate collaborative efforts and ensure that recovery plans are tailored to the specific needs and contexts of the states and territories, while also meeting the requirements of the Act. The policy objective is to enhance the effectiveness of biodiversity conservation efforts by leveraging regional expertise and resources, thereby maximising the chances of long-term survival for listed threatened species in the wild.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection and conservation of threatened species and ecological communities within Australia. Under the Act, the Minister for the Environment, Heritage and the Arts has the power to adopt recovery plans prepared by states, territories, or their agencies, provided these plans meet the requirements outlined in the Act, including consultation and scientific advice. The Act's jurisdictional reach is national, as it governs the protection of biodiversity across the Commonwealth. This instrument specifically revokes the previously adopted Helmeted Honeyeater Lichenostomus melanops cassidix recovery plan and adopts fifteen new recovery plans prepared by New South Wales, Victoria, and Western Australia. The adopted plans detail necessary research and management actions to support the recovery of the listed threatened species. The adoption process involves public consultation, assessment by the Threatened Species Scientific Committee, and compliance with relevant regulations. The adopted plans are accessible to the public via the Australian Government Department of the Environment, Water, Heritage and the Arts website. The legislative instrument, which revokes and adopts these recovery plans, is registered under the Legislative Instruments Act 2003, and the changes took effect the day after registration.

Key Provisions

The main operative sections of this legislative instrument are subsections 269A(7) and 277(2) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), which empower the Minister to adopt recovery plans made by states, territories, or agencies thereof. The instrument revokes the previously adopted Helmeted Honeyeater Lichenostomus melanops cassidix recovery plan, DNRE (1999) and adopts 18 new recovery plans for various threatened species. These adopted plans provide the necessary research and management actions to prevent the decline and support the recovery of the listed species, aiming to maximise their long-term survival chances in the wild. 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. The Act imposes several obligations on the parties involved. Firstly, the Minister must ensure appropriate consultation has occurred in the making of the recovery plans and must consider advice from the Threatened Species Scientific Committee before adopting any plan. Secondly, the recovery plans must be placed on public exhibition, inviting comments from the public, which must then be taken into account in the decision-making process. Additionally, the adopted plans for Ingram's Zieria Zieria ingramii and Zieria obcordata were approved under the New South Wales Threatened Species Conservation Act 1995 and are adopted with modifications as detailed in an addendum to each recovery plan. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches related to the adoption and revocation of recovery plans. However, general provisions within the Act and related legislation could potentially apply. For instance, failure to comply with the requirements of the Act, such as not adhering to the consultation or public exhibition processes, might lead to legal challenges or administrative penalties. Additionally, actions that negatively impact listed species or their habitats without proper authorisation might result in fines or other sanctions under the Act or related environmental protection legislation. The specific consequences would depend on the nature and severity of the breach, as well as the applicable laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.