EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Water)
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation (National Recovery Plan for Greater Gliders, Petauroides minor (northern) and Petauroides volans (southern and central)) Instrument 2026
Legislative Authority
The Environment Protection and Biodiversity Conservation Act 1999 (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 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.
Subsection 269A(3) of the Act provides that the Minister may 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.
Subsections 289A(5) set out the prerequisites to the Minister making a recovery plan and section 270 sets out the content of a recovery plan. Satisfaction of these matters is described below.
Purpose of the instrument
The purpose of this instrument is to make the National Recovery Plan for the Greater Glider (northern) and Greater Glider (southern and central) (the National Recovery Plan) jointly with New South Wales and Australian Capital Territory.
Both species of greater glider are listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999 in July 2000.
The greater glider (northern) was included in the List of Threatened Species as Vulnerable under section 178(1) of the EPBC Act in July 2022.
The greater glider (southern and central) was included in the List of Threatened Species as Vulnerable under section 178(1) of the EPBC Act in May 2016 and uplisted to Endangered in July 2022.
The National Recovery Plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, the greater glider, in order to maximise its chances of long-term survival in nature. The species occurs in Queensland, New South Wales, Australian Capital Territory and Victoria and the National Recovery Plan covers the full range of the species.
Both greater glider species are dependent on forests and woodlands where there are high densities of large hollow bearing trees for denning. The major threats to greater gliders relate to forestry, major fire events, primary industry, climate change and energy developments. Both listed species are subject to similar threatening processes and are sensitive to habitat loss and disturbance due to their specialised diet of eucalypt leaves and dependence on mature trees with large hollows for shelter. Without hollow bearing trees populations will decline and there will be an increased risk of extinction
In June 2026, the Minister for Environment and Water wrote to the Queensland, New South Wales, Australian Capital Territory and Victorian ministers with an invitation to jointly make the plan. The New South Wales and Australian Capital Territory ministers accepted the invitation to jointly make the National Recovery Plan. The Queensland minister declined the invitation to jointly make the National Recovery Plan. The Victorian minister did not respond to the invitation to jointly make the National Recovery Plan.
The National Recovery Plan was prepared by the Department of Climate Change, Energy, Environment and Water in consultation with the Queensland, New South Wales, Australian Capital Territory and Victorian governments, experts and other key partners, including First Nations, community members and forestry representatives.
This is the first National Recovery Plan for both species of greater glider (P. volans and P. minor).
Exemption from sunsetting
This instrument is exempt from sunsetting in accordance with item 1 of the table under section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015.
This is because the National Recovery Plan has a primary purpose of giving effect to Australia’s obligations under the Convention on Biological Diversity [1993] ATS 32 (Biodiversity Convention). Specifically, the National Recovery Plan will support the recovery of greater gliders through the development and implementation of a plan within the meaning of Art 8(f) of the Biodiversity Convention.
Consultation
In accordance with Section 275 of the Act, public comment was invited on the draft recovery plan for a minimum of three months. A notice inviting comments on the draft recovery plan was advertised in the Commonwealth of Australia Gazette, The Australian newspaper and on the website of the Australian Government Department of Climate Change, Energy, the Environment and Water. Seventy-four submissions were received on the draft recovery plan and as required by section 276 of the Act, all these comments were considered by the Minister in making the National Recovery Plan.
Comments were received from state government agencies, community organisations, forestry representatives, scientific experts, and members of the public. Comments were considered and, where appropriate, incorporated into the National Recovery Plan. The majority of comments were supportive of the National Recovery Plan. A range of diverse views were also provided on appropriate habitat buffers, and a number of submissions raised concerns about the impacts of native forest logging.
In response to stakeholder feedback, amendments were made to the Recovery Plan in regards to fire management (noting the need for effective management to address risks to personnel and assets in parallel with protection of ecological and cultural values). Habitat buffers were revised to be more consistent with ecological requirements for greater glider species and current science. Additional information was also included to more comprehensively explain the range of threats to greater gliders and provide clearer guidance for identifying and protecting habitat critical to their survival.
The Minister consulted with the Minister of each State and self-governing Territory in which the species occurs, as required by paragraph 269A(5)(a) of the Act. The New South Wales minister accepted the invitation to jointly make the National Recovery Plan. The Queensland minister declined the invitation to jointly make the National Recovery Plan. The Australian Capital Territory and Victorian Ministers did not provide a response to the invitation to jointly make the National Recovery Plan.
A wide range of stakeholders were consulted including Queensland, New South Wales, Australian Capital Territory and Victorian government agencies, environmental non-governmental organisations, experts, First Nations, First Nations and conservation organisations.
In accordance with section 274 of the Act, the advice of the Threatened Species Scientific Committee was also obtained on the content of the National Recovery Plan and considered by the Minister before making the plan.
Meeting the requirements of section 270 of the Act
Section 270 of the Act and Regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2025 (Regulations) require that recovery plans include certain content, such as stating the objectives of the plan and specifying the actions needed to achieve the objectives. The National Recovery Plan contains the content prescribed under the Act and Regulation 7.11 of the Regulations.
The Department of Climate Change, Energy, the Environment and Water, and the Threatened Species Scientific Committee assessed the National Recovery Plan and both concluded that it complies with the requirements of section 270 of the Act and the Regulations.
Subsection 270(1) of the Act provides that a recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened subspecies concerned so that their long-term chances of survival in nature are maximised. The National Recovery Plan was assessed as compliant in this respect. The National Recovery Plan provides an appropriate balance between identified research actions necessary to better understand the ecological requirements of the species, and management actions necessary to deal with the known threats and improve the species’ prospects of survival.
Subsection 270(2) of the Act provides that a recovery plan must particularly include the material specified in that subsection. The National Recovery Plan states the:
(a) objectives to be achieved;
(b) criteria against which achievement of the objectives are to be measured;
(c) actions needed to achieve the objectives; and
(ca) the threats to the species.
The National Recovery Plan was assessed as compliant in respect of paragraphs (a), (b), (c) and (ca) of subsection 270(2) of the Act.
Subsection 270(2A) of the Act provides that a recovery plan is only required to address certain matters identified in subsection 270(2) to the extent it is practicable to do so. This includes:
(d) identifying habitats critical to survival of the species;
(e) identifying populations under particular pressure of survival and the actions needed to protect those habitats;
(f) stating the estimated duration and cost of the recovery process;
(g) identifying interests that will be affected by the plan’s implementation, and organisations or persons who will be involved in evaluating the performance of the recovery plan; and
(h) specifying major benefits to other native species or ecological communities that will be affected by implementation of the plan.
These items are addressed in the National Recovery Plan to the extent practicable and where information is readily available. Where information is not available, additional actions have been incorporated into the plan for it to be obtained.
Details
Section 1 provides that the name of the instrument is the Environment Protection and Biodiversity Conservation (National Recovery Plan for Greater Gliders, Petauroides minor (northern) and Petauroides volans (southern and central)) Instrument 2026.
Section 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 provides that the instrument is made under subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Section 4 provides that the National Recovery Plan for the Greater Glider (northern) and Greater Glider (southern and central) in the instrument is jointly made with New South Wales and the Australian Capital Territory as agreed by the relevant state and territory ministers.
Other
The National Recovery Plan for the Greater Gliders, Petauroides minor (northern) and Petauroides volans (southern and central) commences on the day after this instrument is registered on the Federal Register of Legislation.
This instrument is made under subsection 269A(3) of the Act and it is a legislative instrument for the purposes of the Legislation Act 2003.
This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out below.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation (National Recovery Plan for Greater Gliders, Petauroides minor (northern) and Petauroides volans (southern and central)) Instrument 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of this Legislative Instrument is to jointly make the National Recovery Plan for the Greater Glider (northern) and Greater Glider (southern and central) (National Recovery Plan), with New South Wales and the Australian Capital Territory. The jointly made recovery plan provides for the research and management actions necessary to stop the decline of and support the recovery of the Greater Glider (northern) (Petauroides minor) listed as Vulnerable under the Environment Protection and Biodiversity Conservation Act 1999, and Greater Glider (southern and central) listed as Endangered under the Environment Protection and Biodiversity Conservation Act 1999, in order to maximise their chances of long-term survival in nature.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Senator the Hon Murray Watt
Minister for the Environment and Water