EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation (Recovery Plan—Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory)) 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 EPBC 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 EPBC 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 Koala Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) with the State of New South Wales.
Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) is listed in the Endangered category in the List of Threatened Species established under section 178 of the EPBC Act. The Koala is threatened due to ongoing habitat loss, the 2019-20 bushfires, climate-induced drought and temperature stress.
The Recovery Plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, the listed Koala in order to maximise its chances of long-term survival in nature.
Consultation
In accordance with paragraph 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 EPBC Act.
Section 274 of the EPBC 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 EPBC Act.
In accordance with section 275 of the Act, public comment was invited on the draft Recovery Plan from 21 April 2021 until 30 July 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 listed Koala occurs, as required by paragraph 269A(5)(a) of the EPBC Act. The New South Wales Minister has agreed to jointly make the plan. The Australian Capital Territory Minister has committed to supporting the plan. The Queensland Minister was also consulted on jointly-making the recovery plan.
Section 270 of the EPBC 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 EPBC Act and the Regulations.
Commencement
The National Recovery Plan for the Koala Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) 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: subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Overview
The Environment Protection and Biodiversity Conservation (Recovery Plan—Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory)) Instrument 2022 was enacted to jointly establish a recovery plan for the koala species in the specified states and territory. This legislation is an instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which aims to protect the environment and conserve biodiversity, including threatened species. The koala, listed as endangered under the EPBC Act, faces threats from habitat loss, bushfires, and climate-induced stresses. The policy objective of this instrument is to halt the decline of koala populations and support their recovery through coordinated research and management actions, ensuring their long-term survival. The instrument was developed following extensive consultation with relevant state ministers and public feedback, ensuring a collaborative approach to biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation (Recovery Plan—Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory)) Instrument 2022 applies to the koala species Phascolarctos cinereus, which is listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislation applies to the combined koala populations in Queensland, New South Wales, and the Australian Capital Territory. The instrument is a collaborative effort between the Commonwealth and the State of New South Wales, with support from the Australian Capital Territory and consultation with the Queensland government, aimed at addressing the threats facing the koala, such as habitat loss, bushfires, and climate-related stress. The geographic scope of the instrument is confined to the areas where the koala populations are located, ensuring targeted conservation efforts. The Recovery Plan binds the Commonwealth and Commonwealth agencies, as well as the participating states, under the EPBC Act, and aims to outline the necessary research and management actions to halt the decline of koalas and support their recovery. This legislative instrument extends the application of the EPBC Act by specifying detailed recovery measures and objectives for the listed koala populations.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation (Recovery Plan—Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory)) Instrument 2022 include sections that set out the objectives, actions, and strategies necessary for the recovery of the listed Koala populations. Section 270 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates the inclusion of specific content in recovery plans, such as stating the objectives of the plan and specifying the actions needed to achieve these objectives. This recovery plan, made under subsection 269A(3) of the EPBC Act, aims to halt the decline of, and support the recovery of, the listed Koala populations in Queensland, New South Wales, and the Australian Capital Territory. The plan outlines research and management actions essential for the species' long-term survival.
The Act imposes several obligations on the parties involved. Firstly, the Minister for the Environment, in consultation with relevant state ministers, must ensure that an appropriate level of consultation has been undertaken and that all public comments on the draft Recovery Plan have been considered. The Minister must also consult with the Threatened Species Scientific Committee and obtain their advice on the content of the Recovery Plan, as required by section 274 of the EPBC Act. Additionally, the Recovery Plan must be made in accordance with the processes outlined in Part 13, Division 1, Subdivision A of the EPBC Act and include the content prescribed under the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister must ensure that the plan contains the necessary information, such as objectives and actions, to effectively address the threats facing the Koala populations.
The Act provides for various offences and penalties for breaches of its provisions. Section 511 of the EPBC Act outlines the potential civil and criminal consequences for individuals and entities that fail to comply with the Act or any recovery plan made under it. Civil penalties for non-compliance can include fines of up to $66,600 for individuals and $333,000 for bodies corporate, as stipulated in section 511(4) of the EPBC Act. Additionally, section 512 of the Act allows for criminal penalties, including fines of up to $660,000 for individuals and $3,300,000 for bodies corporate, as well as imprisonment for up to two years for individuals. These penalties serve as deterrents against non-compliance and underscore the importance of adhering to the requirements set out in the Recovery Plan and the broader provisions of the EPBC Act.