EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument Jointly Making a Recovery Plan
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.
Part 13, Division 5, Subdivision A of the EPBC Act provides for the making, joint making or adoption of, recovery plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.
Section 269A(3) of the EPBC Act enables the Minister to make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species or listed threatened ecological community jointly with one or more of the States and self-governing Territories in which the species or community occurs, or with agencies of one or more of those States and Territories.
The purpose of this instrument is to jointly make, with the Tasmanian Minister for Environment, Parks and Heritage, the Recovery Plan for Three Handfish Species for the following listed threatened species:
Brachionichthys hirsutus
Thymichthys politus
Brachiopsilus ziebelli
The jointly made recovery plan supersedes the recovery plan previously made under the Act, entitled “Department of the Environment and Heritage (2005). Recovery Plan for the following species of handfish: Spotted handfish (Brachionichthys hirsutus), Red handfish (Brachionichthys politus), Ziebell’s handfish (Sympterichthys sp. [CSIRO #T6.01]), Waterfall Bay handfish (Sympterichthys sp. [CSIRO #T1996.01]). Department of the Environment and Heritage, Canberra.”
The 2005 recovery plan recognised Ziebell’s handfish (Sympterichthys sp.) and Waterfall Bay handfish (Sympterichthys sp.) as two distinct species. However, Ziebell’s handfish and Waterfall Bay handfish are now formally recognised as a single species (Brachiopsilus ziebelli). The 2005 recovery plan also recognised the red handfish under its previous taxonomic name of Brachionichthys politus. However, the red handfish is now formally recognised under the taxonomic name of Thymichthys politus. The EPBC Act list of threatened species was updated in October 2012 to recognise these taxonomic changes.
Jointly making the Recovery Plan for Three Handfish Species
This recovery plan meets the requirements of section 270 of the EPBC Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) (the Regulations). It sets out the research and management actions necessary to stop the decline of, and support the recovery of the spotted handfish, red handfish and Ziebell’s handfish throughout their range in Australian waters.
Section 274 of the EPBC Act, which requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee on the content of the recovery plan, has been met.
In accordance with section 275 of the EPBC Act, the draft recovery plan was open for public comment from 22 January 2015 until 24 April 2015. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and on the website of the Australian Government Department of the Environment. As per section 276 of the EPBC Act, all comments were considered in making the recovery plan.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth). The Recovery Plan for Three Handfish Species was made on the day the Instrument was signed by the Commonwealth Minister for the Environment and comes into force on the day after it is registered on the Federal Register of Legislative Instruments.
Authority: Section 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).