Instrument of Approval of Variation to Adopted Recovery Plan (21 February 2013)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation, particularly focusing on threatened species and ecological communities. This legislation allows for the creation of recovery plans for listed threatened species and ecological communities, which bind the Commonwealth and its agencies. The Act was introduced to fill a gap in environmental protection and biodiversity conservation by providing a structured framework for managing threatened species and ensuring their protection and recovery. The Act was enacted by the Australian Parliament, aiming to protect the environment and conserve biodiversity effectively. This legislative instrument, specifically the Instrument of Approval of Variation to Grassland Earless Dragon Recovery Plan, aims to correct a factual error in the recovery plan for the Grassland Earless Dragon, ensuring it remains compliant with the Act's requirements and continues to meet the policy objectives of effective biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection of the environment and the conservation of biodiversity, including the conservation of listed threatened species and ecological communities. This Act binds the Commonwealth and Commonwealth agencies, ensuring that appropriate measures are taken to safeguard biodiversity. The Act specifically addresses the approval of variations to recovery plans for listed threatened species or ecological communities, as outlined in section 269A. Section 280 of the Act provides that variations to such plans must be approved by the Minister if they are made by a State or Territory, with the approval process requiring consideration of public consultation and advice from the Threatened Species Scientific Committee. The geographic reach of the Act is national, affecting all jurisdictions within Australia. However, certain exclusions and thresholds may apply depending on the specific circumstances of each case, and the Act can be further extended or restricted through subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions for the protection of biodiversity, which includes the protection and conservation of threatened species and ecological communities. Specifically, Section 269A provides for the making or adoption of recovery plans for listed threatened species or ecological communities. Section 280 allows the Minister to approve variations made by a state or territory to an adopted state or territory recovery plan, subject to certain conditions. The instrument in question, F2013L00447, pertains to the approval of a variation to the National Recovery Plan for the Grassland Earless Dragon Tympanocryptis pinguicolla, made by the Australian Capital Territory and adopted under the Act on 28 July 2010. The Act imposes several obligations on the Minister in relation to the approval of a variation to a recovery plan. Firstly, the Minister must be satisfied that an appropriate level of consultation has been undertaken in varying the plan. Secondly, the plan, as so varied, must continue to meet the requirements of Section 270 of the Act. Subsection 280(2) of the Act requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee on the content of the variation. The Act also requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee on the content of the variation. Failure to comply with the requirements of the Act may result in civil or criminal consequences. However, the Explanatory Statement does not provide information on any specific offences, penalties, or consequences for breach. The maximum penalties for offences under the Act are set out in Section 528 and range from fines of up to $222,200 for individuals and $1,111,000 for bodies corporate, to imprisonment for up to five years, or both. The Explanatory Statement notes that the 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 (Cth). It also states that the Legislative Instrument does not engage any of the applicable rights or freedoms.