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 the following recovery plans are in force in accordance with s269A of the Act:
- Recovery Plan for Christmas Island Species Made by the Minister:
National Recovery Plan for Lister’s Gecko (Lepidodactylus listeri) and the Christmas Island Blind Snake (Typhlops exocoeti)
- Recovery Plan for Cocos (Keeling) Island Species Made by the Minister:
National Recovery Plan for the Cocos (Keeling) Island Buff Banded Rail (Gallirallus philippensis andrewsi)
These plans have been assessed and comply with s. 270 of the Act and r. 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.
These plans provide 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. These plans were placed on public exhibition, as required under s277(1)(a) of the Act, and comments were invited from the public. All comments were taken into account in finalising the plans.
The information in these recovery plans enable the Threatened Species Scientific Committee to recommend the making of these plans as required under s274 of the Act.
These recovery plans are available from the Australian Government Department of the Environment and Heritage www.deh.gov.au/biodiversity/threatened/recovery/index.html or from the Community Information Unit, Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601
or by phoning on 1800 803 772. Further information about the Department can be found at www.deh.gov.au.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
In accordance with section 273 (1A) of the Environment Protection and Biodiversity Conservation Act 1999 these recovery plans came into force on the date specified in the instrument.
For the purposes of subsection 12(2) of the Legislative Instruments Act 2003, the rights and liabilities of a person other than the Commonwealth have not been adversely affected by the retrospective commencement of the Plans.
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, as well as to ensure that recovery plans are in place to facilitate the recovery of these species. This Act was introduced by the Australian Parliament with the overarching policy objective of providing a robust framework for environmental protection and biodiversity conservation. The Explanatory Statement for this Act outlines the necessity of specific recovery plans for particular threatened species, such as the Lister's Gecko, the Christmas Island Blind Snake, and the Cocos (Keeling) Island Buff Banded Rail. These plans, made by the Minister and assessed under the Act, aim to halt the decline of these species and promote their long-term survival in their natural habitats. The recovery plans were developed with public consultation and input, and are intended to guide research and management actions that are critical for the species' recovery.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, which is a Commonwealth Act, is designed to impose certain obligations on the Australian government to protect and conserve threatened species and ecological communities, ensuring that recovery plans are in place. This legislation applies to the Commonwealth government, requiring it to manage and enforce the recovery plans for threatened species as outlined in the Act. Specifically, this Act applies to the Minister for the Environment and Heritage, who is responsible for ensuring the implementation of recovery plans for endangered species such as the Lister’s Gecko, the Christmas Island Blind Snake, and the Cocos (Keeling) Island Buff Banded Rail. The recovery plans are formulated in accordance with the Act and relevant regulations and have undergone public exhibition and consultation. These plans, which are legally binding on the Commonwealth, detail the necessary research and management actions to support the recovery and long-term survival of these threatened species. The Act's jurisdiction extends nationally, ensuring that the provisions and recovery plans apply across all states and territories within Australia.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains key provisions that mandate the protection and conservation of threatened species and ecological communities, as well as the implementation of recovery plans. Section 269A(2) of the EPBC Act provides the authority for the Minister for the Environment and Heritage to issue instruments such as the one in F2006L03945, which brings into force the recovery plans for certain threatened species. These plans are specifically for the Lister’s Gecko and the Christmas Island Blind Snake, and for the Cocos (Keeling) Island Buff Banded Rail. These recovery plans, as per section 270 of the EPBC Act, have been assessed and deemed to comply with the requirements of the Act and the associated regulations, ensuring they meet the necessary criteria for protecting the listed species.
The obligations imposed by this Act on the relevant parties, including the Commonwealth, are to implement the recovery plans effectively. These plans detail the research and management actions necessary to halt the decline of the specified species and promote their recovery, aiming to maximise their chances of long-term survival in the wild. Section 277(1)(a) of the EPBC Act mandates that these plans be placed on public exhibition, inviting public comments which must be considered in finalising the plans. The Threatened Species Scientific Committee is required, under section 274 of the Act, to recommend the making of these recovery plans based on the information provided.
In terms of legal consequences, the EPBC Act does not explicitly state offences, penalties, or civil/criminal consequences for non-compliance with the recovery plans. However, the Act provides a framework within which enforcement actions can be taken against any breaches of the requirements set forth in the recovery plans. The effectiveness of the Act relies on the adherence to the outlined plans and the cooperation of all stakeholders involved in the conservation efforts. The instrument itself, F2006L03945, is a legislative instrument governed by the Legislative Instruments Act 2003, ensuring that the commencement of these plans does not adversely affect the rights and liabilities of individuals other than the Commonwealth.