Environment Protection and Biodiversity Conservation (Recovery Plan—Grantiella picta) Instrument 2022

Overview

The Environment Protection and Biodiversity Conservation (Recovery Plan—Grantiella picta) Instrument 2022 was enacted to address the decline of the Painted Honeyeater, a species listed as vulnerable under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislation was introduced to provide a structured approach for the conservation and management of the Painted Honeyeater, focusing on research and management actions necessary to halt its decline and support its recovery. The Act, enacted by the Parliament of Australia, aims to protect and conserve biodiversity, including threatened species, and was developed to provide a binding recovery plan for the Painted Honeyeater, incorporating advice from the Threatened Species Scientific Committee and public consultation. The policy objective is to ensure the long-term survival of the Painted Honeyeater in its natural habitat by addressing threats such as habitat loss, climate change, and competition for resources.

Scope and Application

The Environment Protection and Biodiversity Conservation (Recovery Plan—Grantiella picta) Instrument 2022 applies to the Commonwealth and all Commonwealth agencies under the authority of the Minister for the Environment, as it pertains to the protection, conservation, and management of the Painted Honeyeater (Grantiella picta), a species listed under the Vulnerable category of the Threatened Species List as per the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Recovery Plan is designed to outline the necessary research and management actions required to halt the decline of the Painted Honeyeater and support its recovery, thus maximising its chances of long-term survival in its natural habitat. The geographic scope of the Act extends to all areas where the Painted Honeyeater is found, which includes various states and territories in Australia where the species occurs. The instrument ensures compliance with the statutory consultation requirements under the EPBC Act, including public consultation and advice from the Threatened Species Scientific Committee. The Recovery Plan is made under the authority granted by section 269A(2) of the EPBC Act and is subject to the regulatory requirements set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The commencement of this Recovery Plan is effective from the day it is registered on the Federal Register of Legislation, and it is compatible with the human rights and freedoms as declared under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The primary sections of the Environment Protection and Biodiversity Conservation (Recovery Plan—Grantiella picta) Instrument 2022 (sections 269A(2) and 270) establish a recovery plan for the Painted Honeyeater (Grantiella picta), a species listed as vulnerable under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This recovery plan sets out the necessary research and management actions to halt the decline of the Painted Honeyeater and to support its recovery, with the ultimate goal of ensuring its long-term survival in the wild. The plan outlines specific objectives and identifies the actions required to achieve these objectives, which include addressing threats such as habitat loss, climate change, and competition for resources. This recovery plan, once registered on the Federal Register of Legislation, becomes effective the following day. The Act imposes several obligations on parties and entities governed by it. Under sections 274 and 275 of the EPBC Act, the Minister must consider advice from the Threatened Species Scientific Committee and invite public comments on the draft recovery plan. The Minister must also consult with relevant state and territory ministers, as required by section 269A(5)(a) of the EPBC Act. Furthermore, section 270 of the EPBC Act mandates that recovery plans include specific content such as objectives and actions necessary to achieve those objectives. These obligations ensure that the recovery plan is well-informed, inclusive, and comprehensive, drawing on scientific expertise and public input. The Act outlines various consequences for non-compliance with its provisions. Offences under the EPBC Act may result in civil or criminal penalties. For example, under section 508 of the EPBC Act, a person who knowingly contravenes a direction or an order issued under the Act may face a civil penalty of up to $1.1 million for a corporation or $220,000 for an individual. Additionally, under section 511 of the Act, a person who commits an offence involving an action that results in a serious and irreversible environmental harm may face a maximum penalty of up to $6.6 million for a corporation or $1.3 million for an individual. These penalties underscore the seriousness with which the Act treats non-compliance and the importance of adhering to the recovery plan provisions.