EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Acts Interpretation Act 1901 (Cth)
Revoking and Making the Recovery Plan for the Grey Nurse Shark
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.
The purpose of this instrument is to revoke the current recovery plan for the grey nurse shark, the Recovery Plan for the Grey Nurse Shark (Carcharias taurus) in Australia 2002, and to make a new recovery plan, the Recovery Plan for the Grey Nurse Shark (Carcharias taurus) 2014.
Revoking the Recovery Plan for the Grey Nurse Shark
Section 33(3) of the Acts Interpretation Act 1901 (Cth) in conjunction with section 269A(2) of the EPBC Act enables the Minister at any time to revoke a recovery plan. The first purpose of this instrument is to revoke the current recovery plan for the grey nurse shark, the Recovery Plan for the Grey Nurse Shark (Carcharias taurus) in Australia, made in 2002.
Making a Recovery Plan for the Grey Nurse Shark
Part 13, Division 5, subdivision A of the EPBC Act provides for the making, or adoption of, recovery plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.
Section 269A(2) 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.
The second purpose of this instrument is to make a new recovery plan for the grey nurse shark, the Recovery Plan for the Grey Nurse Shark (Carcharias taurus) 2014.
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 grey nurse shark throughout its 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 7 August 2013 until 22 November 2013. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette (C2013G01204, 7 August 2013), The Australian newspaper (9 August 2013) 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 recovery plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The Recovery Plan for the Grey Nurse Shark (Carcharias taurus) 2014 commences on the day after this recovery plan is registered on the Federal Register of Legislative Instruments.
Authority: Section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive protection and conservation of the environment and biodiversity in Australia. This Act, administered by the Commonwealth, aims to safeguard Australia's threatened species and ecological communities. To this end, the Act empowers the Minister to develop recovery plans for threatened species, as seen in the case of the grey nurse shark. The explanatory statement outlines the revocation of the 2002 recovery plan for the grey nurse shark and the creation of a new recovery plan for 2014. This legislative instrument aims to provide updated research and management actions necessary to halt the decline and promote the recovery of the grey nurse shark across its range in Australian waters, fulfilling the policy objective of ensuring the conservation of this threatened species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) establishes the framework for environmental protection and biodiversity conservation, including the protection and conservation of threatened species and ecological communities. The Act applies to all persons and entities within the Commonwealth jurisdiction of Australia. It provides the Minister for the Environment the authority to revoke and make recovery plans for threatened species, such as the grey nurse shark. This legislative instrument specifically revokes the existing Recovery Plan for the Grey Nurse Shark (Carcharias taurus) in Australia, 2002, and introduces a new Recovery Plan for the Grey Nurse Shark (Carcharias taurus) 2014. The new plan details the research and management actions required to halt the decline and facilitate the recovery of the grey nurse shark across its range in Australian waters. The instrument follows the legislative process outlined in the EPBC Act, including public consultation, and is considered when making the recovery plan. The new recovery plan is a legislative instrument under the Legislative Instruments Act 2003 (Cth) and will come into effect the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the instrument include section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which empowers the Minister to make a written recovery plan for the protection, conservation, and management of a listed threatened species. Additionally, section 33(3) of the Acts Interpretation Act 1901 (Cth) allows for the revocation of existing recovery plans. The instrument revokes the existing Recovery Plan for the Grey Nurse Shark (Carcharias taurus) in Australia 2002 and establishes the Recovery Plan for the Grey Nurse Shark (Carcharias taurus) 2014.
The Act imposes specific obligations on the parties involved. For instance, the Minister is required to obtain and consider advice from the Threatened Species Scientific Committee as per section 274 of the EPBC Act. Furthermore, section 275 mandates that the draft recovery plan be open for public comment for a specified period, allowing for public input. Section 276 then requires that all comments received during the public consultation period be considered in the finalisation of the recovery plan.
In terms of compliance, the Act does not explicitly outline offences or penalties for non-compliance with the recovery plan itself. However, any actions that contravene the broader provisions of the EPBC Act could potentially lead to civil or criminal penalties. The EPBC Act includes provisions for enforcement and penalties, which can range from fines to imprisonment, depending on the nature and severity of the breach. The maximum penalties under the EPBC Act can be substantial, reflecting the seriousness of environmental offences and the importance of biodiversity conservation.