EXPLANATORY STATEMENT

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

Environment Protection and Biodiversity Conservation Act 1999

Instrument Adopting Recovery Plan

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 Victorian Department of Environment, Land, Water and Planning, 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 set out in the table, in order to maximise its chances of long-term survival in nature. The species occurs in Victoria and South Australia, and the recovery plan covers the full range of the species.

The Southern Bent-wing Bat is a cave-dwelling species and its distribution largely reflects the distribution of caves in south-west Victoria and south-east South Australia. The current distribution of the species encompasses the area between Robe, Naracoorte and Port MacDonnell in South Australia, extending east across south-west Victoria. While a range of threats have been identified as potentially impacting on the species, there is little evidence to clearly identify the main causes of its decline. Potential threats to the Southern Bent-wing Bat include sub-optimal management of caves, human disturbance of roost sites, alteration of the microclimate in maternity caves, changes to foraging habitat, pesticides and toxins, climate change, disease, introduced predators and impacts from wind farm developments.

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 for a period of three 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 Agriculture, Water and the Environment. A total of two submissions were received and comments were taken into account by the Victorian Department of Environment, Land, Water and Planning in finalising the plan.

The adopted plan has been endorsed by the States in which the 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 Agriculture, Water and the Environment web site: http://www.environment.gov.au/biodiversity/threatened/recovery-list-scientific.html

and from the Community Information Unit, Department of Agriculture, Water and the Environment, GPO Box 858, 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 Agriculture, Water and the Environment, 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 its 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.