EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
Environment Protection and Biodiversity Conservation Act 1999
Revoking and making Southern Right Whale 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.
The purpose of this instrument is firstly to revoke the current recovery plan for the southern right whale, the Southern Right Whale Recovery Plan 2005-2010 and to make a new recovery plan for the southern right whale, the Conservation Management Plan for the Southern Right Whale.
Revoking Southern Right Whale Recovery Plan
Section 33(3) of the Acts Interpretation Act 1901 (Cth) in conjunction with section 269A(2) of the EPBC Act enables the Minister at any time to revoke a recovery plan. The first purpose of this instrument is to revoke the recovery plan for Eubalaena australis (southern right whale), the Southern Right Whale Recovery Plan 2005-2010.
Making a new Southern Right Whale Recovery Plan
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 second purpose of this instrument is to make a recovery plan for Eubalaena australis (southern right whale), the Conservation Management Plan for the Southern Right Whale.
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 provides for the research and management actions necessary to stop the decline of, and support the recovery of the southern right whale in order to maximise its chances of long-term survival in nature.
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 was published online from 12 October 2011 to 13 February 2012. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette (No. GN42. 26 October 2011), The Australian newspaper and on the website of the Australian Government Department of Sustainability, Environment, Water, Population and Communities. 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 Conservation Management Plan for the Southern Right Whale commences on the day after this recovery plan is registered on the Federal Register of Legislative Instruments.
Authority: Section 269A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Statement of Compatibility with Human Rights
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 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.