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 the Australian lungfish (Neoceratodus forsteri)) 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.
Purpose of the instrument
The purpose of this instrument is to make the National Recovery Plan for the Australian Lungfish (Neoceratodus forsteri) (National Recovery Plan) jointly with Queensland.
The Australian lungfish was listed in the Vulnerable category in the list of threatened species under section 178 of the Act, effective from 6 August 2003.
The National Recovery Plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, the Australian lungfish, in order to maximise its chances of long-term survival in nature. The species occurs in Queensland and the National Recovery Plan covers the full range of the species.
The Australian lungfish is restricted to a number of coastal river systems in south east Queensland. Adults typically inhabit deep, permanent, slow flowing waterholes, and spawning occurs predominantly in shallow river reaches and banks with dense beds of aquatic plants. The major threats to the species are water impoundments and stream flow regulation, climate change, land clearing for primary industry and urbanisation, and introduced species.
In March 2026, the Minister for Environment and Water wrote to the Queensland Minister with an invitation to jointly make the plan. The Queensland Minister accepted the invitation to jointly make the National Recovery Plan.
The jointly made National Recovery Plan was prepared by the Department of Climate Change, Energy, the Environment and Water in consultation with the Queensland Government and species experts.
This is the first national recovery plan under the Act for the Australian lungfish.
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 the Australian lungfish through the development and implementation of a plan within the meaning of Art 8(f) of the Biodiversity Convention.
Consultation
In the development of the National Recovery Plan, a wide range of stakeholders were consulted including Queensland and Australian government agencies, environmental non-government organisations, species and habitat experts, First Nations, universities, water operators and Natural Resource Management bodies.
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. Twenty 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.
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 Queensland Minister agreed to jointly make the plan.
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 2000 (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 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.
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 species 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) and (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 the Australian lungfish (Neoceratodus forsteri)) 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 Australian Lungfish (Neoceratodus forsteri) in the instrument is jointly made with Queensland, as agreed by the relevant State Minister.
Other
The National Recovery Plan for the Australian Lungfish (Neoceratodus forsteri) 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 the Australian Lungfish (Neoceratodus forsteri)) 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 instrument is to make the National Recovery Plan for the Australian Lungfish (National Recovery Plan) jointly with Queensland. The jointly made recovery plan provides for the research and management actions necessary to stop the decline of, and support the recovery of the Australian lungfish (Neoceratodus forsteri), listed as Vulnerable under the Environment Protection and Biodiversity Conservation Act 1999, in order to maximise its 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