Instrument revoking and making recovery plan (5 February 2013)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, serves to protect the environment and conserve biodiversity, including the protection and conservation of threatened species and ecological communities. This Act addresses the problem of declining biodiversity and the need for effective management and conservation strategies for threatened species. The Act empowers the Minister to revoke existing recovery plans and to create new ones to ensure the protection and recovery of species such as the southern right whale. The Southern Right Whale Recovery Plan 2005-2010 was revoked and replaced with the Conservation Management Plan for the Southern Right Whale, aiming to halt the decline of the species and support its recovery for long-term survival. The policy objective behind this legislative instrument is to provide for necessary research and management actions, ensuring that the recovery plan is informed by scientific advice and public consultation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and conservation of biodiversity, including threatened species and ecological communities. This legislation provides the framework for the revocation and creation of recovery plans for endangered species such as the southern right whale. Specifically, the Act authorises the Minister to revoke existing recovery plans and create new ones, as demonstrated by the revocation of the Southern Right Whale Recovery Plan 2005-2010 and the establishment of the Conservation Management Plan for the Southern Right Whale. These plans bind the Commonwealth and Commonwealth agencies, ensuring coordinated efforts towards the conservation of the species. The geographic scope of this legislation is national, extending its application across Australia in line with the broader objectives of the EPBC Act. While the Act provides comprehensive coverage for biodiversity conservation, it may not explicitly address all specific circumstances, and certain exclusions or exemptions might apply depending on particular legislative contexts or subordinate instruments.

Key Provisions

The main operative sections of this legislation revolve around the revocation of the existing recovery plan for the southern right whale and the introduction of a new plan. Section 33(3) of the Acts Interpretation Act 1901 (Cth) combined with section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) provides the authority for the Minister to revoke the existing Southern Right Whale Recovery Plan 2005-2010 (section 3 of the instrument). Concurrently, section 269A(2) of the EPBC Act empowers the Minister to create a new recovery plan, the Conservation Management Plan for the Southern Right Whale (section 4 of the instrument). This new plan aims to halt the decline of the southern right whale population and facilitate its recovery, ensuring its long-term survival in nature. The Act imposes several obligations on the parties it governs. Firstly, it mandates the Minister to obtain and consider advice from the Scientific Committee on the content of the recovery plan, as stipulated in section 274 of the EPBC Act. Secondly, the draft plan must be published online for public comment, as per section 275 of the Act, which was carried out from 12 October 2011 to 13 February 2012. Thirdly, all public comments received during this period must be considered in the finalisation of the recovery plan, in accordance with section 276 of the EPBC Act. These obligations ensure that the recovery plan is scientifically sound and reflects public input. The legislation also outlines consequences for non-compliance with the new recovery plan. Although specific offences, penalties, or consequences for breach are not detailed in the text, it is implied that adherence to the Conservation Management Plan for the Southern Right Whale is mandatory. Failure to comply with the provisions of the EPBC Act, including the new recovery plan, could potentially result in civil or criminal penalties. However, the exact nature and extent of these penalties would need to be sought from other sections of the EPBC Act or relevant legislation. The new recovery plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth), further reinforcing its legal standing and the necessity for compliance.