EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument Jointly Making a Recovery Plan
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC 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 EPBC Act provides for the making, joint making or adoption of, recovery plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.
Section 269A(3) of the EPBC Act enables the Minister to 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, or with agencies of one or more of those States and Territories.
The purpose of this instrument is to jointly make, with the Tasmanian Minister for Environment, Parks and Heritage, the Recovery Plan for the Giant Freshwater Crayfish (Astacopsis gouldi).
Jointly making the Recovery Plan for the Giant Freshwater Crayfish
This recovery plan meets the requirements of section 270 of the EPBC Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) (the Regulations). It sets out the research and management actions necessary to stop the decline of, and support the recovery of the giant freshwater crayfish throughout its range.
Section 274 of the EPBC Act, which requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee on the content of the recovery plan, has been met.
In accordance with section 275 of the EPBC Act, the draft recovery plan was open for public comment from 6 May 2016 until 8 August 2016. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper and on the website of the Australian Government Department of the Environment. As per section 276 of the EPBC Act, all comments were considered in making the recovery plan.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003 (Cth). The Recovery Plan for the Giant Freshwater Crayfish (Astacopsis gouldi) was made on the day the Instrument was signed by the Commonwealth Minister for the Environment and Energy, and comes into force on the day after it is registered on the Federal Register of Legislation.
Authority: Section 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species and ecological communities. The EPBC Act empowers the Minister for the Environment and Energy to make recovery plans for listed threatened species and ecological communities, either independently or in conjunction with states, territories, or relevant agencies. The objective of the Act is to ensure the preservation of Australia's unique biodiversity and to provide a coordinated approach to environmental protection across jurisdictions. This legislative framework aims to address the problem of declining populations of threatened species and ecological communities by setting out the necessary actions for their recovery. The Act was enacted by the Parliament of Australia, reflecting a commitment to environmental stewardship and sustainable development.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to all matters related to the protection and conservation of the environment and biodiversity in Australia, including the protection and conservation of threatened species and ecological communities. Specifically, this legislation facilitates the making of recovery plans for listed threatened species or ecological communities, which bind the Commonwealth and Commonwealth agencies. The Act extends to the whole of Australia and includes provisions for joint recovery plans between the Commonwealth and states or territories, as well as agencies within those jurisdictions. The Recovery Plan for the Giant Freshwater Crayfish (Astacopsis gouldi), made jointly with the Tasmanian Minister for Environment, Parks and Heritage, sets out actions necessary for the species' recovery and aligns with the requirements of the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The plan was developed following consultation with the Threatened Species Scientific Committee and was subject to public comment before finalisation. This legislative instrument is governed by the Legislation Act 2003 and comes into force upon registration on the Federal Register of Legislation.
Key Provisions
The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) relevant to this instrument include section 269A(3) (authorising the Minister to jointly make a recovery plan), section 270 (which mandates the content and requirements of the recovery plan), and section 274 (requiring the Minister to obtain and consider advice from the Threatened Species Scientific Committee). Section 275 requires that the draft recovery plan be open for public comment, and section 276 mandates that all comments be considered in the finalisation of the plan. Regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) also specifies the procedural requirements for making recovery plans.
The Act imposes several obligations on the parties involved in the creation and implementation of the recovery plan. The Commonwealth Minister for the Environment and Energy is required to collaborate with the Tasmanian Minister for Environment, Parks and Heritage to jointly make the recovery plan. This collaboration includes obtaining and considering expert advice from the Threatened Species Scientific Committee as per section 274 of the Act. Additionally, the draft recovery plan must be made available for public comment for a specified period, as outlined in section 275, and all public comments must be considered before finalising the plan, in accordance with section 276.
Breaches of the requirements set forth in the EPBC Act and the Regulations can lead to significant consequences. While the specific offences, penalties, or consequences for non-compliance with the recovery plan are not explicitly detailed in the provided text, general provisions under the EPBC Act may include substantial fines and potential imprisonment for serious violations. The Act also provides for civil remedies where appropriate. The exact penalties would depend on the nature and severity of the breach, as well as other relevant legal provisions.