Invitation for public comment on draft National Recovery Plans for 3 species and 3 ecological communities

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, addresses the need for comprehensive protection and recovery strategies for threatened species and ecological communities. The Act empowers the Department of Climate Change, Energy, the Environment and Water to develop and implement recovery plans for species and communities that are endangered or at risk. In pursuit of this objective, the Department has released draft National Recovery Plans for six entities: two subspecies of the Greater glider, a specific Melaleuca species, Elderslie Banksia Scrub Forest, Grassy Eucalypt Woodland, and Swamps of the Fleurieu Peninsula. These plans aim to outline the necessary actions to halt the decline and facilitate the recovery of these threatened species and ecological communities. Public feedback on these draft plans is being sought to ensure they are robust, effective, and reflective of a broad range of stakeholder views. Submissions are invited until 19 December 2025 and can be submitted via email or post as detailed in the notice.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the proposed draft National Recovery Plans for several threatened species and ecological communities. This Act, which operates at the Commonwealth level, governs actions that impact matters of national environmental significance, including the protection of threatened species and ecological communities. The draft recovery plans for the Greater glider (both southern and central, and northern), Melaleuca sp. Wannaroo, Elderslie Banksia Scrub Forest in the Sydney Basin Bioregion, Grassy Eucalypt Woodland of the Victorian Volcanic Plain, and Swamps of the Fleurieu Peninsula are subject to this legislation. The Act provides the legal framework for the development, approval, and implementation of these recovery plans, ensuring they align with national environmental standards and objectives. The scope of the Act extends to any individual or entity involved in activities that could impact these threatened species and ecological communities, as well as any geographic area within Australia that falls under the Commonwealth's jurisdiction. While the Act does not specify exclusions or exemptions in this context, it does allow for certain actions to be authorised through subordinate instruments, which may provide further clarification or specific conditions for the recovery plans. The public is invited to submit comments on these draft plans by 19 December 2025, and their feedback will be considered in the finalisation of the recovery strategies.

Key Provisions

The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that pertain to the creation and implementation of National Recovery Plans involve Section 180, which outlines the Minister's responsibility to prepare such plans for listed threatened species, ecological communities, and key threatening processes, and Section 183, which details the contents and scope of these plans. The draft National Recovery Plans in question (Section 275) focus on the Greater glider, Melaleuca sp. Wannaroo, Elderslie Banksia Scrub Forest, Grassy Eucalypt Woodland, and Swamps of the Fleurieu Peninsula. These plans, if enacted, will detail specific actions necessary to halt the decline and foster the recovery of these threatened species and communities. The obligations imposed by the EPBC Act on the parties involved, including the Department of Climate Change, Energy, the Environment and Water, are to prepare these draft recovery plans and ensure they are made available for public comment. This process, mandated under Section 275, allows for stakeholder input and expert advice before finalisation. The department must ensure that the plans are comprehensive, scientifically sound, and feasible, aligning with the objectives of the Act to protect and conserve biodiversity. Furthermore, the Act requires the department to handle any personal information provided during the comment period in accordance with the Privacy Act 1988, ensuring confidentiality and security of the submitted data. Failure to comply with the provisions of the EPBC Act can result in civil and criminal penalties. Section 511 of the Act outlines the civil penalty provisions, where an individual or corporation can be fined up to the greater of three times the benefit obtained from the breach, or $270,000 for a serious or repeated contravention. Additionally, Section 528 details criminal penalties, where individuals can face fines of up to $360,000 or imprisonment for up to five years, or both, for knowingly or recklessly contravening the Act. These penalties serve to enforce the importance of adhering to the Act's requirements in protecting and conserving threatened species and ecological communities.