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 the Abbott’s Booby (Papasula abbotti) - listed as Endangered.
The recovery 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 these plans 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 protection and conservation of Australia's threatened species and ecological communities. This legislation places specific obligations on the Commonwealth to ensure the preservation of these entities and mandates the establishment of recovery plans where necessary. The Act was introduced by the Parliament of Australia to provide a robust legal framework for environmental protection, aiming to safeguard biodiversity and facilitate the recovery of threatened species. This particular legislative instrument, issued under the authority of the Minister for the Environment and Heritage, focuses on ensuring a recovery plan is in place for the Abbott’s Booby, classified as Endangered. The plan, developed in consultation with stakeholders and following public exhibition, aims to halt the species' decline and support its long-term survival through specified research and management actions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that imposes specific duties on the Australian government to safeguard and preserve threatened species and ecological communities, ensuring that recovery plans are established under the Act. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, focuses on ensuring that a recovery plan is in effect for the Abbott’s Booby (Papasula abbotti), which is categorised as Endangered. The recovery plan has undergone assessment and complies with the relevant sections of the Act and the Environment Protection and Biodiversity Conservation Regulations 2000. During the drafting phase, stakeholders were consulted, and the plan was also publicly exhibited for three months, inviting public comments which were duly considered in the finalisation of the plan. The Threatened Species Scientific Committee recommended the adoption of these plans as per the Act's requirements. This recovery plan outlines the research and management actions necessary to halt the decline of the species and support its recovery, thereby maximising its chances of long-term survival in the wild.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains several sections relevant to the conservation of endangered species, with Section 269A(2) being particularly pertinent to the legislation in question. This section allows for the creation of a recovery plan for species listed as endangered, such as the Abbott’s Booby (Papasula abbotti). The recovery plan, as outlined in Section 270, must be scientifically assessed and comply with both the Act and the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations). Additionally, the process of drafting the recovery plan requires consultation with stakeholders and public exhibition, as stipulated in Section 275.
The Act imposes specific obligations on the Commonwealth to ensure the implementation of these recovery plans. Under Section 274, the Threatened Species Scientific Committee must review and recommend the adoption of the recovery plan, ensuring that it meets the requirements for scientific validity and public consultation. Moreover, the Act requires the Department of the Environment and Heritage to facilitate public exhibition and feedback on the draft recovery plan. These obligations are designed to ensure that recovery plans are not only scientifically sound but also incorporate community input, thus enhancing the likelihood of their effectiveness.
Failure to comply with the requirements of the Act or the Regulations can result in various consequences. While the Act itself does not specify the penalties for non-compliance, breaches of the Regulations can lead to significant fines. For example, under Regulation 7.11, there are provisions for penalties for failure to comply with the requirements for public consultation and the preparation of recovery plans. The maximum penalties can be substantial, reflecting the seriousness with which the law treats the protection of endangered species. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the legislative requirements.