Instrument Making the National Recovery Plan for the Macquarie Perch (Macquaria australasica)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities. To address the specific problem of the declining population of the Macquarie Perch (Macquaria australasica), which is listed as endangered, the Minister for the Environment made the National Recovery Plan for the Macquarie Perch (Macquaria australasica) under subsection 269A(2) of the EPBC Act. This recovery plan sets out the necessary research and management actions to halt the decline and support the recovery of this threatened species, binding the Commonwealth and Commonwealth agencies. The policy objective of this legislative instrument is to ensure the protection, conservation, and management of the Macquarie Perch, as per the requirements of the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth). The draft recovery plan was open for public comment from 17 May 2017 until 1 September 2017, with all comments considered before the final plan was made.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and biodiversity, including the conservation of threatened species. Under the authority of this Act, the National Recovery Plan for the Macquarie Perch (Macquaria australasica) has been established to specifically address the decline of this endangered species. This recovery plan applies to the Macquarie perch, a species listed under the Endangered category, and outlines necessary research and management actions aimed at halting its decline and supporting its recovery. The plan is binding on the Commonwealth and its agencies, ensuring that it is implemented across relevant jurisdictions and sectors. The development of the recovery plan involved consultation with the Threatened Species Scientific Committee and a public comment period, as required by the EPBC Act, and it is intended to commence on the day after its registration on the Federal Register of Legislation.

Key Provisions

The main operative sections of the instrument focus on the development and implementation of the National Recovery Plan for the Macquarie Perch (Macquaria australasica) under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). Specifically, section 269A(2) of the EPBC Act authorises the Minister to create a written recovery plan for a listed threatened species, in this case, the Macquarie Perch. Section 270 of the EPBC Act outlines the requirements for the content of such a plan, which this instrument satisfies. It details the necessary research and management actions intended to halt the decline and foster the recovery of the Macquarie Perch. Furthermore, section 274 of the EPBC Act mandates that the Minister obtain and consider advice from the Threatened Species Scientific Committee on the recovery plan's content, which has been adhered to in this instance. The Act imposes several obligations and requirements on the parties it governs. The Minister for the Environment, as the principal actor, is required to develop a recovery plan that meets the statutory criteria set out in section 270 of the EPBC Act. This includes ensuring that the plan includes specific research and management actions necessary for the species' recovery. Additionally, section 274 mandates that the Minister seek and consider expert advice from the Threatened Species Scientific Committee. Section 275 further requires that the draft recovery plan be made available for public comment for a specified period, and section 276 necessitates that all comments received during this period be considered before finalising the plan. The instrument also mandates that the recovery plan be registered on the Federal Register of Legislation, thus making it legally binding. The EPBC Act outlines various offences, penalties, and consequences for breaches of its provisions. While the specific penalties for non-compliance with the recovery plan itself are not detailed in the explanatory statement, breaches of the broader EPBC Act can lead to significant civil and criminal penalties. For instance, section 516 of the EPBC Act provides for civil penalty provisions, where a person found guilty of an offence can be fined up to $666,000 for a corporation or $133,200 for an individual, or both. Section 528A imposes criminal penalties, including fines and imprisonment, for offences involving serious environmental harm. Although the specific consequences for non-compliance with the Macquarie Perch recovery plan are not explicitly stated in the explanatory statement, it is reasonable to infer that failure to adhere to the legally binding recovery plan could result in actions under these general provisions of the EPBC Act.