EXPLANATORY STATEMENT
Issued under the Authority of the Minister for the Environment
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens Ecological Community 2015
The Environment Protection and Biodiversity Conservation Act 1999 (Cth)(the EPBC Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.
The purpose of this instrument is to make the National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens.
Part 13, Division 5, subdivision A of the EPBC Act provides for the making, or adoption of, recovery plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.
Section 269A(2) of the EPBC Act enables the Minister to make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species or listed threatened ecological community.
The purpose of this instrument is to make the first national recovery plan for the Alpine Sphagnum Bogs and Associated Fens Ecological Community (2015).
This recovery plan meets the requirements of section 270 of the EPBC Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) (the Regulations). It sets out the research and management actions necessary to stop the decline of, and support the recovery of, the Alpine Sphagnum Bogs and Associated Fens Ecological Community where it occurs in the ACT, NSW, Victoria and Tasmania.
Section 274 of the EPBC Act, which requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee on the content of the recovery plan, has been met.
In accordance with section 275 of the EPBC Act, the draft recovery plan was placed on public exhibition from 3 September 2014 until 3 December 2014. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette (C2014G01484, 3 September 2014), The Australian newspaper (3 September, 2014) and on the website of the Australian Government Department of the Environment. As per section 276 of the EPBC Act, all comments were considered in making the recovery plan.
This recovery plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens Ecological Community 2015 commences on the day after this recovery plan is registered on the Federal Register of Legislative Instruments.
Authority: Section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens Ecological Community 2015 was enacted under the authority of the Minister for the Environment as a legislative instrument to address the decline of the Alpine Sphagnum Bogs and Associated Fens Ecological Community in Australia. This plan was introduced to provide a comprehensive strategy for the protection, conservation, and management of this specific ecological community, which is listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999. The Act aims to halt the decline and support the recovery of this ecological community, which is found in the Australian Capital Territory, New South Wales, Victoria, and Tasmania. The creation of this recovery plan follows the legislative requirements of the EPBC Act, which mandates the development of such plans for listed threatened species or ecological communities. The plan was developed in consultation with the Threatened Species Scientific Committee and was subject to public exhibition and comment before finalisation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) mandates the protection and conservation of biodiversity, including threatened species and ecological communities. Specifically, Part 13, Division 5, subdivision A of the EPBC Act empowers the Minister to develop recovery plans for listed threatened species or ecological communities, which are binding on the Commonwealth and Commonwealth agencies. This legislative framework is designed to halt the decline and facilitate the recovery of species and communities that are at risk. The National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens Ecological Community 2015 is a pertinent example of such a plan, crafted under section 269A(2) of the EPBC Act. It outlines essential research and management actions to support the recovery of the Alpine Sphagnum Bogs and Associated Fens Ecological Community across the Australian Capital Territory, New South Wales, Victoria, and Tasmania. The plan was developed in consultation with the Threatened Species Scientific Committee, as mandated by section 274 of the EPBC Act, and was subject to public exhibition and feedback, in accordance with sections 275 and 276 of the EPBC Act. The recovery plan, once registered on the Federal Register of Legislative Instruments, becomes a legislative instrument under the Legislative Instruments Act 2003 (Cth).
Key Provisions
The National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens Ecological Community 2015 sets forth several key operative sections as outlined in the EPBC Act (s269A(2)). These provisions require the development and implementation of a recovery plan for the protection and conservation of the Alpine Sphagnum Bogs and Associated Fens Ecological Community. This includes the identification of necessary research and management actions to halt the decline and support the recovery of this ecological community within specified regions, namely the ACT, NSW, Victoria, and Tasmania (s270, regulation 7.11). The plan also mandates that the Minister for the Environment consults with the Threatened Species Scientific Committee and seeks public input before finalising the recovery plan (s274, s275).
The Act imposes specific obligations on the Commonwealth and Commonwealth agencies to adhere to the recovery plan. These obligations include undertaking the recommended research and management actions, ensuring compliance with the plan’s provisions, and collaborating with relevant stakeholders. The Minister must also consider all public comments received during the exhibition period when finalizing the recovery plan, ensuring transparency and inclusivity in the decision-making process (s276). Additionally, the plan mandates that the Commonwealth and its agencies must coordinate with state governments and other entities to effectively implement the recovery actions.
There are significant consequences for breaches of the National Recovery Plan for the Alpine Sphagnum Bogs and Associated Fens Ecological Community 2015. The EPBC Act stipulates that failure to comply with the recovery plan can lead to civil and criminal penalties. For example, individuals or entities found in breach of the Act may face substantial fines, with the maximum penalty varying based on the severity of the offence. Additionally, criminal charges may be pursued against those who intentionally or recklessly breach the Act, resulting in further legal ramifications. Compliance with the recovery plan is therefore crucial to avoid these penalties and to contribute to the conservation efforts outlined in the Act.