EXPLANATORY STATEMENT

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

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation (Recovery Plan—Conilurus penicillatus) Adoption Instrument 2019

The Environment Protection and Biodiversity Conservation Act 1999 (the 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 ecological communities, which bind the Commonwealth and Commonwealth agencies.

Section 269A(7) of the Act enables the Minister, by instrument in writing, to adopt as a recovery plan for a listed threatened species or ecological community, 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 adopt a recovery plan (the adopted plan) prepared by the Northern Territory Department of Department of Environment and Natural Resources, as the recovery plan for the following listed threatened species:

The adopted plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species Conilurus penicillatus, in order to maximise its chances of long-term survival in nature. The species occurs in the Northern Territory, Western Australia and Queensland, and the recovery plan covers the full range of the species.

Conilurus penicillatus is found in the tropical woodlands and open forests of northern Australia. The key threats to the species include high frequency of extensive and intense fires; habitat loss as a result of land clearing and mining; invasive species such as feral cats, black rats and weeds; as well as grazing and trampling by introduced herbivores.

Section 277(1) of the Act provides that the Minister must not adopt a recovery plan under section 269A(7) unless:

-          the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and

-          the plan meets the requirements of section 270 of the Act.

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. Details of how the adopted plan complies with section 270 of the Act are set out in Attachment A below.

The Minister was satisfied that an appropriate level of consultation was undertaken in the preparation of the adopted plan. A draft of the adopted plan was placed on public exhibition by the Department of Environment and Energy for a period of 3 months and comments were invited from the public. The plan was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and the website of the Australian Government Department of the Environment and Energy. A total of one submission was received and comments were taken into account by the Northern Territory Department of Department of Environment and Natural Resources in finalising the plan.

The adopted plan has been endorsed by the states and territories in which the relevant species occurs. Potentially affected Australian Government agencies have also been consulted.

In accordance with section 277(2) of the Act, the advice of the Threatened Species Scientific Committee was also obtained on the content of the recovery plan, and considered by the Minister before adopting the plan.

The adopted plan is available from the Australian Government Department of the Environment and Energy website: http://www.environment.gov.au/biodiversity/threatened/recovery-list-scientific.html

and from the Community Information Unit, Department of the Environment and Energy, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772.

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.

The plan comes into force on the day after it is registered on the Federal Register of Legislation.

Authority: Section 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999.

ATTACHMENT A

Meeting the requirements of section 270 of the EPBC Act

Section 270 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) specifies the content requirements for recovery plans. The Minister cannot adopt a State or Territory plan as a recovery plan, unless the plan meets the requirements of section 270.

The Department of the Environment and Energy and the Threatened Species Scientific Committee assessed the adopted plan and both concluded that it complies with the requirements of section 270 of the EPBC 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 species concerned so that their long-term chances of survival in the wild are maximised. The adopted plan was assessed as compliant in this respect. The adopted 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 adopted 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 adopted 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. For example, the recovery plan includes actions aimed at addressing critical gaps in knowledge that currently inhibit optimal management.

Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).