EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 269A(2)
(Issued under the Authority of the Minister for the Environment and Heritage)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities, and to ensure recovery plans are in force under the Act.
The purpose of this instrument is to ensure a recovery plan is in force in accordance with s269A of the Act for Tectaria devexa - listed as Endangered.
The plan has been assessed and complies with s. 270 of the Act and r. 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Stakeholders were consulted during the drafting of the plan. The plan was also placed on public exhibition for three months as required under s. 275 of the Act, and public comments were invited. All comments were taken into account in finalising the plan.
The information in this recovery plan enabled the Threatened Species Scientific Committee to recommend the adoption of this plan as required under s. 274 of the Act.
This plan provides for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species so that its chances of long-term survival in nature are maximised.
The recovery plan is available electronically from the Australian Government Department of the Environment and Heritage at www.deh.gov.au/biodiversity/threatened/recovery/index.html or from the Community Information Unit, Australian Government Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601, or on 1800 803 772.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. This legislation places specific obligations on the Commonwealth to safeguard threatened species and ecological communities, ensuring that recovery plans are established and enforced. The Act aims to maintain and recover species listed as threatened, thereby promoting ecological sustainability and biodiversity conservation across the nation. Developed and overseen by the Parliament, the policy objective of this Act is to provide a robust legal framework for the protection of Australia's unique environmental heritage, ensuring that the country's biodiversity is preserved for future generations. The explanatory statement for this Act, F2005L01296, details the measures taken to ensure compliance with the Act, including stakeholder consultations, public exhibition, and expert committee recommendations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the entire Commonwealth of Australia and is primarily concerned with the protection and conservation of threatened species and ecological communities, as well as the formulation and enforcement of recovery plans for such species. This Act extends its obligations to any person, corporation or entity that may impact these threatened species or communities through their activities. The Act ensures that recovery plans are in place and adhered to for species listed as endangered, vulnerable or rare, providing a framework for their protection and eventual recovery. In this specific context, the Act has been used to create a recovery plan for Tectaria devexa, a species listed as Endangered. The plan was developed in consultation with stakeholders and was subject to a public exhibition period as mandated by the Act. The recovery plan, which is now in force, outlines the necessary research and management actions to halt the decline of Tectaria devexa and support its recovery, ensuring its long-term survival in the wild. This plan is subject to the broader regulations outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, and is a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the framework for protecting and conserving Australia's biodiversity, including threatened species and ecological communities. Section 269A(2) of the EPBC Act allows for the creation of a recovery plan for listed species, ensuring that comprehensive strategies are in place to support their recovery. This legislative instrument (F2005L01296) specifically pertains to the endangered species Tectaria devexa, aiming to establish and maintain a recovery plan for this species. The recovery plan is developed in accordance with Section 270 of the Act and Rule 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. It has undergone assessment and consultation with stakeholders, including a public exhibition period mandated by Section 275 of the Act. The plan incorporates feedback from public comments and was recommended by the Threatened Species Scientific Committee under Section 274 of the Act.
The obligations imposed by this legislative instrument include the requirement for the Commonwealth to implement the recovery plan for Tectaria devexa. This involves taking specific research and management actions designed to halt the decline of the species and support its recovery. The plan must be scientifically sound and address the specific threats facing Tectaria devexa. It also mandates the engagement of stakeholders and the public, ensuring transparency and inclusiveness in the planning process. Additionally, the plan must be regularly reviewed and updated to reflect new scientific information and changing circumstances.
Failure to comply with the requirements of the recovery plan could lead to legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, the EPBC Act provides a framework for enforcement. Breaches of the Act or its regulations may result in civil or criminal penalties. For instance, Section 528 of the EPBC Act allows for fines and imprisonment for serious offences, with maximum penalties varying based on the severity and intent of the breach. Additionally, the Act allows for the imposition of administrative penalties, including fines, to enforce compliance with recovery plans and other obligations. It is essential for parties and entities governed by this legislation to adhere strictly to the outlined requirements to avoid potential legal repercussions.