Environment Protection and Biodiversity Conservation (Norfolk Island Region Threatened Species Recovery Plan) Instrument 2025

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation (Norfolk Island Region Threatened Species Recovery Plan) Instrument 2025

(Issued under the Authority of the Minister for the Environment and Water)

Background

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.

Legislative Authority

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(2) 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.

Purpose of the Instrument

The purpose of this instrument is to make the Recovery Plan for the following 53 listed threatened species:

*VU: Vulnerable

*EN: Endangered

*CE: Critically Endangered

a Listed under the Act as Lastreopsis calantha. The Australian Plant Census (APC) accepts Lastreopsis calantha and recognises Parapolystichum calanthum as a synonym.

b Listed under the Act as Marattia salicina. The APC accepts the name Ptisana salicina and recognises Marattia salicina as a synonym.

The 53 listed threatened species included in the Recovery Plan are listed in either the Critically Endangered, Endangered or Vulnerable categories in the List of Threatened Species established under section 178 of the Act. Of these, 47 species are endemic to Norfolk Island (within their Australian range). A further five species are also found on Lord Howe Island and one on mainland Australia. The plan includes reference to 58 species; however, the five listed endemic snail species do not have a requirement for a recovery plan under the EPBC Act, as the conservation advices for each species are considered sufficient for providing direction to implement priority actions and manage key threats.

The listed species face a range of threats to their long-term survival, in particular habitat loss and fragmentation, invasive species, introduced pathogens, climate change and small population sizes.

The Recovery Plan was developed by Parks Australia and the Department of Climate Change, Energy, the Environment and Water. The Recovery Plan provides for the research and management actions necessary to stop the decline and support the recovery of the listed species so that their chances of long-term survival in nature are maximised.

This is the revised recovery plan under the Act for threatened species on the Norfolk Island Group. It will displace the previous plan adopted under the Act in 2010, entitled: Norfolk Island Region Threatened Species Recovery Plan.

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 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 Recovery Plan will support the recovery of threatened species on the Norfolk Island Group through the development and implementation of a plan within the meaning of Art 8(f) of the Biodiversity Convention.

Consultation

In accordance with paragraph 277(1)(a) of the Act, the Minister was satisfied that an appropriate level of consultation was undertaken. The Recovery Plan was prepared in accordance with the processes outlined in Part 13, Division 1, Subdivision A of the Act.

Section 274 of the Act provides that the Minister must obtain and consider advice from the Threatened Species Scientific Committee (Committee) on the content of the Recovery Plan. The Committee recommended that the Recovery Plan be made under the Act.

In accordance with section 275 of the Act, public comment was invited on the draft Recovery Plan from 17 July 2023 until 18 October 2023. A notice inviting comments on the Recovery Plan was advertised in the Gazette, The Australian newspaper and on the website of the Australian Government Department of Climate Change, Energy, the Environment and Water. As required by section 276 of the Act, all comments were considered before making the Recovery Plan.

Paragraph 269A(5)(a) of the Act requires the Minister to consult with the Minister of each State and self-governing Territory in which the listed species occur. Five species covered by the plan also occur on Lord Howe Island, and one in Queensland. The Recovery Plan, as an island wide plan, only applies to the protection, conservation and management of these species on Norfolk Island, and there is no ability for the Norfolk Island subpopulations of these species to move between Norfolk Island, Lord Howe Island and Queensland. For those species occurring on Lord Howe Island, the existing Lord Howe Island recovery plan covers the recovery needs of those species on Lord Howe Island. As such, consultation with New South Wales is not necessary. Queensland were consulted on the species occurring in their jurisdiction (Polyphlebium endlicherianum). It is proposed that once the plan is in place, there will engagement across the jurisdictions to ensure alignment of actions and sharing of information as appropriate.

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) requires that recovery plans include certain content, such as stating the objectives of the plan and specifying the actions needed to achieve the objectives. The 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 plan and both concluded that it complies with the requirements of section 270 of the Act.

Section 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 plan was assessed as compliant in this respect. The 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.

Section 270(2) of the Act provides that a recovery plan must particularly include the material specified in that subsection. The 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 plan was assessed as compliant in respect of paragraphs (a), (b) and (c) and (ca) of section 270(2) of the Act.

Section 270(2A) of the Act provides that a recovery plan is only required to address certain matters identified in section 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 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

Details of this instrument are set out in Attachment A.

Other

The Norfolk Island Region Threatened Species Recovery Plan commences on the day after this instrument is registered on the Federal Register of Legislation.

This instrument is made under subsection 269A(2) of the Act, and it is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act)

This instrument is subject to the disallowance process under section 42 of the Legislation Act. 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 in Attachment B.

ATTACHMENT A

Details of the Environment Protection and Biodiversity Conservation (Norfolk Island Region Threatened Species Recovery Plan) Instrument 2025

Section 1 – Name

This section provides that the title of this instrument is the Environment Protection and Biodiversity Conservation (Norfolk Island Region Threatened Species Recovery Plan) Instrument 2025.

Section 2 – Commencement

This section provides that this instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that this instrument is made under subsection 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999.

ATTACHMENT B

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 (Norfolk Island Region Threatened Species Recovery Plan) Instrument 2025

This Disallowable 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 Disallowable Legislative Instrument

The purpose of this Instrument is to make the Norfolk Island Region Threatened Species Recovery Plan (Recovery Plan). The Recovery Plan establishes a national framework to guide and coordinate the recovery of 53 listed threatened species of flora and fauna under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) across their range on Norfolk Island. The Recovery Plan identifies research and management priorities necessary to assist the long-term recovery of these species. The species are listed in either the Critically Endangered, Endangered or Vulnerable categories under the EPBC Act. As such, it is an offence to kill, take, trade, keep, move or injure members of these species in or on a Commonwealth area.

The conventions listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 were considered in the preparation of the Recovery Plan.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Tanya Plibersek MP

Minister for the Environment and Water