EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Revoking, Making and Adoption of Recovery Plans
(Issued under the Authority of the Minister for Environment Protection, 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 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.
Subsection 269A(2) of the Act enables the Minister to make a written recovery plan.
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.
The purpose of this instrument is to:
(a) Revoke the following recovery plans (the superseded plans):
1. Commonwealth of Australia (2005). National Recovery Plan for the Norfolk Island Scarlet Robin Petroica multicolor multicolor and the Norfolk Island Golden Whistler Pachycephala pectoralis xanthroprocta. Department of the Environment and Heritage, Canberra; and
2. Hill, R. (2002). Recovery Plan for the Norfolk Island Green Parrot Cyanoramphus novaeseelandiae cookii. Environment Australia, Canberra.
(b) Make the Norfolk Island Region Threatened Species Recovery Plan (the made plan).
(c) Adopt the Northern Rivers Regional Biodiversity Management Plan (the adopted plan), prepared by New South Wales.
The made and adopted plans provide for the research and management actions necessary to stop the decline of, and support the recovery of, listed threatened species and ecological communities in order to maximise their chances of long-term survival in nature.
Before the Minister may make a recovery plan under subsection 269A(2) of the Act, subsection 269A(5) requires the Minister undertake consultation with the States and Territories, consider the advice of the Scientific Committee given under section 274 and undertake public consultation and consider comments on the plan in accordance with sections 275 and 276.
Meetings on the Norfolk Island Region Threatened Species Recovery Plan were held with the Norfolk Island Government and Administrator and the plan was endorsed by the Norfolk Island Administration and the Attorney General’s Department. A draft was advertised nationally and in Norfolk Island media for public comments for three months (Jan–Apr 2010). All comments were considered/addressed in preparing the final plan.
In accordance with subsection 274(1)(b) of the Act, the advice of the Threatened Species Scientific Committee was obtained on the content of the made recovery plan. The Committee advised that it recommends the plan for making by the Minister.
Before the Minister may adopt a recovery plan under subsection 269A(7) of the Act, subsection 277(1) 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 adopted recovery plan.
Development of the Northern Rivers Regional Biodiversity Management Plan was guided by a Steering Committee representing the major stakeholders in the region. A draft of the plan was advertised nationally for public comments for three months (Oct 2009 – Jan 2010) and the plan was then finalised, taking into account the comments received.
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. In addition, the adopted plan was 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 plan under the Act.
In accordance with subsection 277(2) of the Act, the advice of the Threatened Species Scientific Committee was obtained on the content of the adopted recovery plan. The Committee advised that it recommends the plan for adoption by the Minister.
The made and 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-common.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, making and adopting the recovery plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The made and adopted plans commenced on the day after this instrument was registered on the Federal Register of Legislative Instruments.