Legislation (Deferral of Sunsetting—Recovery Plans) Certificate (No. 2) 2022

Overview

The Legislation (Deferral of Sunsetting—Recovery Plans) Certificate (No. 2) 2022 was enacted to provide a legislative framework for the deferral of the sunsetting of certain legislative instruments related to recovery plans, specifically those under the Environment Protection and Biodiversity Conservation Act 1999. This legislative instrument was introduced to address the need for extended timelines to finalise and implement recovery plans for threatened species and ecological communities, ensuring that environmental protection measures are adequately supported and sustained. The enactment was authorised under paragraph 51(1)(c) of the Legislation Act 2003 by the Parliament, aiming to facilitate continued environmental management and conservation efforts. The sunsetting of the specified instruments was deferred to allow for more comprehensive planning and execution of recovery initiatives. This legislative certificate identifies the specific legislative instruments whose sunsetting dates are extended, thereby allowing additional time for their review and implementation. The deferral was necessary to accommodate the complexities involved in developing and adopting recovery plans, which are critical for the protection and recovery of biodiversity. By extending the operational period of these instruments, the certificate ensures that the necessary regulatory frameworks remain in place to support ongoing environmental protection activities. The deferral will remain in effect until 1 October 2024, after which the specified instruments will be repealed, reflecting the conclusion of their extended operational period.

Scope and Application

The Legislation (Deferral of Sunsetting—Recovery Plans) Certificate (No. 2) 2022 applies to the deferral of the sunsetting of certain legislative instruments that were due to expire on 1 October 2022. Specifically, this legislative instrument extends the life of the Environment Protection and Biodiversity Conservation Act 1999’s sections 269A, which concern the adoption and revocation of recovery plans for specified states and territories. The Act is a Commonwealth instrument, and its deferral affects entities and individuals subject to the EPBC Act within the designated states and territories of New South Wales, Queensland, South Australia, Tasmania, and Western Australia. The legislative instrument does not specify exclusions, exemptions, or thresholds for its application, but the instruments it defers would have contained such details. The deferral does not extend the application of the legislative instruments beyond the originally intended geographic and jurisdictional reach, which was limited to the aforementioned states. This legislative instrument itself is repealed at the start of 2 October 2024, which coincides with the deferred sunset date of the legislative instruments it pertains to.

Key Provisions

The Legislation (Deferral of Sunsetting—Recovery Plans) Certificate (No. 2) 2022 primarily defers the sunsetting of two specific legislative instruments (s 4). The sunsetting, originally scheduled for 1 October 2022, has been deferred to 1 October 2024. These instruments are the Instrument Adopting and Revoking Recovery Plans (NSW, SA and WA) (10/09/2012) and the Instrument Adopting and Revoking Recovery Plans (NSW, QLD, SA, TAS and WA) (06/07/2012), both under section 269A of the Environment Protection and Biodiversity Conservation Act 1999 (s 4(a) and (b)). The Certificate imposes an obligation on the parties governed by these instruments to continue adhering to their provisions until the new deferred sunsetting date of 1 October 2024. This includes entities and individuals involved in the implementation and oversight of recovery plans for specific environments and biodiversity conservation areas across NSW, SA, WA, QLD, and TAS. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for non-compliance with the deferral of sunsetting as provided in the Certificate. However, failure to adhere to the provisions of the instruments beyond the deferred sunsetting date could potentially lead to legal repercussions under the applicable laws that these instruments were originally intended to support, namely the Environment Protection and Biodiversity Conservation Act 1999. The penalties for non-compliance with those underlying acts would apply, as the Certificate itself does not stipulate additional penalties. Additionally, the Certificate itself is set to be repealed at the start of 2 October 2024, aligning with the deferred sunsetting of the governed instruments (s 5). This ensures that the legal framework remains clear and that there are no lingering obligations or confusions post the sunsetting date.