EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation (Recovery Plan—(Dasyornis brachypterus) Instrument 2022
(Issued under the Authority of the Minister for the Environment)
Background
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC 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 and threat abatement 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 jointly make the National Recovery Plan for the Eastern Bristlebird with Queensland for Dasyornis brachypterus, a listed threatened species.
Dasyornis brachypterus (Eastern Bristlebird) is listed in the Endangered category of the Threatened Species List under the Act. Dasyornis brachypterus (Eastern Bristlebird) is threatened due to the clearing and degradation of nesting and foraging habitat, inappropriate fire regimes, predation by invasive species, invasive weeds, lack of genetic diversity and climate change.
The Recovery Plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, the Eastern Bristlebird in order to maximise its chances of long-term survival in nature.
Consultation
In accordance with s 277(1)(a) of the EPBC 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 3 September 2021 until 17 December 2021. 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 Agriculture, Water and the Environment. As required by section 276 of the Act, all comments were considered before making the Recovery Plan. The Minister consulted with the Minister of each State and self-governing Territory in which the Eastern Bristlebird occurs, as required by paragraph 269A(5)(a) of the Act. The Queensland Minister has agreed to jointly make the plan.
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.
Commencement
The National Recovery Plan for the Eastern Bristlebird commences on the day after this recovery plan is registered on the Federal Register of Legislation.
This recovery plan 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.
Authority: Section 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including threatened species and ecological communities. It establishes a framework for the creation of recovery plans and threat abatement plans for species listed as threatened under the Act. The Act empowers the Minister for the Environment to jointly develop recovery plans with states and territories where a species occurs, which bind the Commonwealth and its agencies. The purpose of this legislative instrument is to jointly create a National Recovery Plan for the Eastern Bristlebird, listed under the Act as a threatened species, in collaboration with Queensland. The plan aims to outline the research and management actions necessary to halt the decline and facilitate the recovery of the Eastern Bristlebird to ensure its long-term survival. The Minister for the Environment, in consultation with relevant stakeholders and in compliance with the EPBC Act, developed this recovery plan after appropriate consultation and public comment periods.
Scope and Application
The Environment Protection and Biodiversity Conservation (Recovery Plan—(Dasyornis brachypterus) Instrument 2022, issued under the authority of the Minister for the Environment, is a collaborative recovery plan for the Eastern Bristlebird, a listed threatened species, between the Commonwealth and Queensland. This instrument is made under Part 13, Division 5, Subdivision A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and applies to the Eastern Bristlebird, which is categorised as Endangered on the Threatened Species List under the Act. The plan is aimed at addressing the threats to the Eastern Bristlebird, including habitat degradation, inappropriate fire regimes, predation by invasive species, invasive weeds, lack of genetic diversity, and climate change. The plan binds the Commonwealth and Commonwealth agencies and applies to the protection, conservation, and management of the Eastern Bristlebird across its range in Queensland. The instrument is subject to the consultation processes outlined in the EPBC Act, including the requirement to consider advice from the Threatened Species Scientific Committee and to invite and consider public comment on the draft Recovery Plan. The Recovery Plan was made in consultation with the Queensland Minister and is compatible with human rights and freedoms.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation (Recovery Plan—Dasyornis brachypterus) Instrument 2022 (No. 1) are found in Part 13, Division 5, Subdivision A of the EPBC Act (sections 269A(3), 270, 274, 275, and 277). These sections provide the legislative framework for the creation of a recovery plan for a listed threatened species, in this case, the Eastern Bristlebird (Dasyornis brachypterus). Section 269A(3) allows the Minister to make a written recovery plan for the protection, conservation, and management of a listed threatened species jointly with one or more states and territories where the species occurs. Section 270 mandates that recovery plans must include specific content, such as objectives and necessary actions. Section 274 requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee, while section 275 mandates public consultation on the draft recovery plan. Section 277(1)(a) confirms that the Minister must be satisfied with the level of consultation undertaken.
The Act imposes several obligations and requirements on parties and entities it governs. Firstly, under section 274, the Minister must consult with the Threatened Species Scientific Committee to obtain and consider advice on the content of the recovery plan. The committee provides scientific and expert advice on the plan. Secondly, under section 275, the Minister must invite and consider public comment on the draft recovery plan before finalising it. Thirdly, under section 277(1)(a), the Minister must be satisfied that an appropriate level of consultation has taken place. Fourthly, the recovery plan itself must include certain prescribed content, such as objectives and actions, under section 270 and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Any breaches of the obligations and requirements imposed by the Act may have civil or criminal consequences. Under section 311 of the EPBC Act, a person who contravenes certain provisions of the Act may be liable for a civil penalty of up to $222,200 for an individual or $1,111,000 for a body corporate. Under section 314 of the Act, a person who commits an offence against the Act may be liable for a criminal penalty of up to six months imprisonment or a fine of up to $33,330 for an individual or $166,650 for a body corporate. In addition, the Act may also provide for other civil or criminal consequences for breaches, such as injunctions, orders, or damages.
In summary, the Environment Protection and Biodiversity Conservation (Recovery Plan—Dasyornis brachypterus) Instrument 2022 provides a legislative framework for the creation of a recovery plan for the Eastern Bristlebird, a listed threatened species. The Act imposes obligations and requirements on the Minister and others to consult with experts and the public, and to include certain content in the recovery plan. Breaches of the Act may result in civil or criminal penalties, including fines and imprisonment.