Instrument Adopting and Revoking Recovery Plans (21 February 2013)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection and conservation of Australia's environment and biodiversity, particularly threatened species and ecological communities. The Act provides mechanisms for the creation and adoption of recovery plans to facilitate the recovery of listed threatened species and ecological communities. The Act empowers the Minister for Sustainability, Environment, Water, Population and Communities to adopt recovery plans developed by states and territories, thus promoting collaborative efforts in biodiversity conservation. The policy objective is to ensure that these adopted recovery plans are developed through appropriate consultation processes and meet the requirements set out in the Act, thereby providing a structured approach to halting the decline and supporting the recovery of threatened species and communities. The instrument under discussion adopts recovery plans for various threatened species and ecological communities developed by New South Wales and Western Australia. These adopted plans aim to support the long-term survival of the listed species in their natural habitats by outlining necessary research and management actions. The adoption process involved extensive consultation with relevant stakeholders, including the public, affected agencies, and the Threatened Species Scientific Committee, ensuring that the adopted plans meet the statutory requirements and are endorsed by the states and territories concerned. This legislative instrument ensures that the adopted recovery plans are publicly available and commence on the day following their registration on the Federal Register of Legislative Instruments, aligning with the legislative framework provided under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a pivotal framework for the protection of the environment and biodiversity in Australia, including the conservation of threatened species and ecological communities. Specifically, Part 13, Division 5, Subdivision A of the Act allows for the creation or adoption of recovery plans that are binding on the Commonwealth and its agencies. Under this provision, the Minister for Sustainability, Environment, Water, Population and Communities can adopt recovery plans developed by states or territories to guide the conservation efforts for listed threatened species and ecological communities. The instrument in question adopts recovery plans prepared by New South Wales and Western Australia for a range of threatened species and communities, including the Kundip wattle, Fitzgerald woollybush, chuditch, and various eucalyptus species, among others. This adoption process ensures that the recovery plans meet the statutory requirements and have undergone public consultation, with any feedback incorporated into the final plans. The adopted recovery plans are intended to halt the decline of these species and foster their recovery to ensure their long-term survival in the wild.

Key Provisions

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. Under this Act, the Minister is empowered to adopt recovery plans for listed threatened species and ecological communities. Section 269A(7) of the EPBC Act allows the Minister to adopt plans made by a State, a self-governing Territory or an agency of a State or self-governing Territory as recovery plans for these species and communities. The primary objective of these adopted plans is to outline the necessary research and management actions required to halt the decline of and support the recovery of listed threatened species, thereby maximising their chances of long-term survival in nature. The obligations imposed by the EPBC Act on parties and entities governed by these recovery plans are comprehensive. Firstly, the Minister must ensure that an appropriate level of consultation has taken place in the making of the recovery plans (subsection 277(1)). This includes consultation with the relevant State or Territory governments and potentially affected Australian Government agencies. Secondly, the Minister must consider the advice of the Threatened Species Scientific Committee regarding the content of the plans (subsection 277(2)). Furthermore, the adopted plans must meet the requirements set out in section 270 of the EPBC Act, which includes provisions on the content and structure of recovery plans, and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. The adopted plans must also be endorsed by the States and/or Territories in which the relevant species occur. Additionally, these plans must be placed on public exhibition for periods of 2-3 months, with invitations for public comments. The adopted plans in this case have been advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and the website of the Australian Government Department of Sustainability, Environment, Water, Population and Communities. In the event of non-compliance with the requirements of the EPBC Act and the adopted recovery plans, there are potential civil and criminal consequences. Section 487 of the EPBC Act outlines that a person who contravenes the Act may be subject to civil penalty provisions. A civil penalty for an individual is up to $666,000 or, in the case of a body corporate, up to $3.33 million. Furthermore, section 509 of the EPBC Act provides that a person who engages in conduct that constitutes a breach of the Act may be subject to criminal penalties. For individuals, the maximum penalty is $66,600 or imprisonment for five years, or both. For bodies corporate, the maximum penalty is $333,000 or imprisonment for five years, or both. These penalties are designed to enforce compliance and deter non-compliance with the provisions of the EPBC Act and the adopted recovery plans.