Instrument making a recovery plan (11 June 2013)

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2013L01314 In force Legislative Instrument

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EXPLANATORY STATEMENT

(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)

Environment Protection and Biodiversity Conservation Act 1999

Making the Recovery Plan for the Australian Sea Lion

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.

The purpose of this instrument is to make a recovery plan for the Australian sea lion (Neophoca cinerea).

Making a Recovery Plan for the Australian Sea Lion

Part 13, Division 5, Subdivision A of the EPBC Act provides for the making, or adoption of, recovery plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.

Section 269A(2) 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.

The purpose of this instrument is to make a recovery plan for Neophoca cinerea – Australian sea lion, the Recovery Plan for the Australian Sea Lion (Neophoca cinerea).

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 Australian sea lion throughout its range.

Section 274 of the EPBC Act, which requires the Minister to obtain and consider advice from the Scientific Committee on the content of the plan, has been met.

In accordance with section 275 of the EPBC Act, the draft plan and accompanying detailed technical issues paper were published online from 20 April 2010 to 29 July 2010. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette (No. GN 16, 28 April 2010), The Australian newspaper (22 April 2010) and on the website of the Australian Government Department of Environment, Water, Heritage and the Arts. As per section 276 of the EPBC Act, all comments were considered in making the recovery plan.

This recovery plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).

The Recovery Plan for the Australian Sea Lion (Neophoca cinerea) commences on the day after this recovery plan is registered on the Federal Register of Legislative Instruments. Authority: Section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Recovery Plan for the Australian Sea Lion (Neophoca cinerea)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Recovery Plan for the Australian sea lion (Neophoca cinerea) establishes a national framework to guide and coordinate the recovery of the Australian sea lion. The Recovery Plan identifies research and management priorities necessary to assist the long-term recovery of the species. The Australian sea lion is listed as Vulnerable under the Environment Conservation and Biodiversity Act 1999 (the EPBC Act) and as such it is an offence to kill, take, trade, keep, move or injure members of this species in or on a Commonwealth area (s196).

The Recovery Plan for the Australian Sea Lion was developed through extensive consultation with a broad range of stakeholders and affected interests in accordance with section 275 of the EPBC Act. The draft version of the plan was open to public consultation in April 2010 for a period of three months and the final version of the plan was approved by the Threatened Species Scientific Committee on 6 September 2012 before being made by the Minister.

The eight conventions listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 were considered in the preparation of the Recovery Plan for the Australian Sea Lion.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Tony Burke MP, Minister for Sustainability, Environment, Water, Population and Communities

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide a framework for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities. The purpose of this Act is to establish a national approach to the protection and management of the environment, with a focus on preventing significant impacts on the environment caused by human activities. This legislation was introduced to address the need for a comprehensive and coordinated approach to environmental protection across Australia, recognising that environmental matters often transcend state and territory boundaries. The Act was enacted by the Commonwealth Parliament and its policy objective is to ensure the protection and conservation of biodiversity and the environment for the benefit of present and future generations. Under the Act, the Minister for the Environment is empowered to develop and implement recovery plans for threatened species, such as the Recovery Plan for the Australian Sea Lion (Neophoca cinerea), to guide and coordinate efforts towards their long-term recovery.

Scope and Application

The Recovery Plan for the Australian Sea Lion, as created under the Environment Protection and Biodiversity Conservation Act 1999, applies to the Australian sea lion (Neophoca cinerea) which is listed as vulnerable under the Act. This recovery plan binds the Commonwealth and Commonwealth agencies, guiding their actions towards the protection and recovery of the species. The plan sets out research and management actions necessary for halting the decline of the species and supporting its recovery throughout its range. The plan was developed in consultation with various stakeholders and affected interests, and it is subject to the approval of the Threatened Species Scientific Committee as required by the Act. The recovery plan is applicable nationwide, as it pertains to a species listed under a federal Act, and it is part of the national framework for the conservation of biodiversity and the protection of threatened species. The instrument does not specify exclusions or thresholds but is designed to be comprehensive in its approach to the recovery of the Australian sea lion, extending to the management of activities that could impact the species in or on Commonwealth areas.

Key Provisions

The Recovery Plan for the Australian Sea Lion (Neophoca cinerea) is a legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s269A(2)). This plan sets out the research and management actions required to halt the decline of the Australian sea lion and support its recovery across its range (s269A(2), s270). It was developed in consultation with the Scientific Committee, as mandated by section 274 of the EPBC Act, and was open for public comment as required by section 275. All feedback was taken into consideration, in line with section 276 of the EPBC Act. This plan is legally binding on the Commonwealth and its agencies, aiming to provide a structured approach to the conservation of this vulnerable species. Under this legislation, the Commonwealth and its agencies have obligations to implement the recovery plan and take necessary measures to protect and conserve the Australian sea lion. This includes conducting research to understand threats to the species better and implementing management actions based on the findings. The plan details specific actions such as monitoring populations, mitigating human impacts, and enhancing habitat protection. It also mandates collaboration with various stakeholders, including state governments, local communities, and conservation groups, to ensure a coordinated effort in species recovery. The compliance with the plan is crucial for achieving the conservation goals outlined. Breaches of the obligations set out in the Recovery Plan for the Australian Sea Lion can lead to legal consequences. Specifically, under section 196 of the EPBC Act, it is an offence to kill, take, trade, keep, move, or injure members of this species in or on a Commonwealth area. The penalties for these offences can be severe, including substantial fines and imprisonment. The exact penalties are not specified in the provided text, but typically, they reflect the seriousness of the breach and the impact on the species. Additionally, non-compliance with the recovery plan may result in civil or administrative penalties imposed by relevant authorities.

Area of Law: Environmental Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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