Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument Revoking, Making and Adopting Recovery Plans (28/07/2010) (ACT, NSW)

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

Legislation au F2010L02268 In force Legislative Instrument

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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(a)                        Revoke the following recovery plans (the superseded plans):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. 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for a coordinated approach to the protection and conservation of threatened species and ecological communities across Australia. This legislation empowers the Commonwealth to develop and implement recovery plans aimed at halting the decline and supporting the recovery of these threatened species and communities. Under the authority of the Minister for Environment Protection, Heritage and the Arts, an explanatory statement has been issued to revoke certain recovery plans, make a new Norfolk Island Region Threatened Species Recovery Plan, and adopt the Northern Rivers Regional Biodiversity Management Plan prepared by New South Wales. The policy objective is to ensure appropriate consultation with states, territories, and the public, as well as obtaining expert advice from the Threatened Species Scientific Committee, before making or adopting these plans. These actions are intended to provide comprehensive research and management strategies necessary for the long-term survival of listed threatened species and ecological communities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the Commonwealth, with the Act being used by the Minister for Environment Protection, Heritage and the Arts to fulfil the Commonwealth's obligations in protecting and conserving threatened species and ecological communities. The Act empowers the Minister to make a written recovery plan and 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. This particular instrument revokes two existing recovery plans, namely the National Recovery Plan for the Norfolk Island Scarlet Robin and the Norfolk Island Golden Whistler, and the Recovery Plan for the Norfolk Island Green Parrot, and makes the Norfolk Island Region Threatened Species Recovery Plan and adopts the Northern Rivers Regional Biodiversity Management Plan, both of which provide for research and management actions to halt the decline of, and support the recovery of, listed threatened species and ecological communities. The Act extends to the whole of Australia, and its application is not restricted by state or territory boundaries. The instrument does not explicitly outline any exclusions, exemptions, or thresholds, but it does indicate that the Minister must consult with relevant parties, including States and Territories, and consider advice from the Scientific Committee before making or adopting a recovery plan. The Act also enables the Minister to extend or restrict application through subordinate instruments, although specific details are not provided in this explanatory statement.

Key Provisions

The principal sections of the legislative instrument F2010L02268 under the Environment Protection and Biodiversity Conservation Act 1999 involve the revocation of existing recovery plans (sections 269A(2) and 269A(7)) and the creation of new recovery plans. Specifically, subsection 269A(2) allows the Minister to make a written recovery plan, while subsection 269A(7) enables the Minister to adopt a plan made by a State or Territory or an agency thereof. This instrument revokes the National Recovery Plan for the Norfolk Island Scarlet Robin and Norfolk Island Golden Whistler, and the Recovery Plan for the Norfolk Island Green Parrot. In their place, the Norfolk Island Region Threatened Species Recovery Plan is made, and the Northern Rivers Regional Biodiversity Management Plan is adopted. These plans aim to halt the decline and support the recovery of listed threatened species and ecological communities to ensure their long-term survival in nature. The Act imposes several obligations on the parties and entities it governs. For the Minister, these include the requirement to consult with the States and Territories, consider the advice of the Scientific Committee, and undertake public consultation before making a recovery plan (subsection 269A(5)). For the adopted plan, the Minister must ensure appropriate consultation has occurred and that the plan meets the statutory requirements (subsection 277(1) and 277(2)). Additionally, the Scientific Committee must provide advice on the content of both the made and adopted plans, with their recommendations being crucial for the Minister's decision to make or adopt a recovery plan (subsections 274(1)(b) and 277(2)). The Act also delineates the consequences for non-compliance. While the specific offences, penalties, and civil or criminal consequences are not explicitly stated in the legislative instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 generally can lead to substantial penalties. For example, offences under the Act can attract fines of up to $222,200 for individuals and significantly higher amounts for corporations, as well as potential imprisonment terms. These penalties underscore the seriousness with which the Act regards its provisions and the importance of compliance with the stipulated recovery plans. The precise penalties and consequences would be further defined in the relevant sections of the primary Act and associated regulations.

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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.