EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Making the National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia)
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 Regent Honeyeater (Anthochaera phrygia).
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.
This recovery plan supersedes the recovery plan previously made under the Act, entitled ‘Regent Honeyeater Recovery Plan 1999-2003’.
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 regent honeyeater throughout its range in Australia.
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 open for public comment from 15 September 2015 until 18 December 2015. A notice inviting comments from the public on the recovery plan was advertised in the Commonwealth of Australia Government Notices Gazette, The Australian newspaper 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 Legislation Act 2003 (Cth). The National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia) commences on the day after this recovery plan is registered on the Federal Register of Legislation.
Authority: Section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to safeguard the environment and biodiversity, with a particular focus on the protection and conservation of threatened species and ecological communities. The Act provides for the creation of recovery plans for listed threatened species or ecological communities, which legally bind the Commonwealth and its agencies. Under section 269A(2) of the EPBC Act, the Minister for the Environment has the authority to create written recovery plans for the protection, conservation, and management of listed threatened species. The National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia), made under this Act, supersedes the previous recovery plan from 1999-2003 and outlines the necessary research and management actions to halt the decline and support the recovery of this species across its range in Australia. The process involved obtaining and considering advice from the Threatened Species Scientific Committee and inviting public comment, as mandated by the EPBC Act. This recovery plan is a legislative instrument and will commence on the day after its registration on the Federal Register of Legislation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) applies to the protection and conservation of threatened species and ecological communities across Australia, with the National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia) being a specific instrument made under this Act. The Act, which has a Commonwealth reach, mandates the Minister for the Environment to create recovery plans for listed threatened species to guide their conservation and management. This recovery plan pertains specifically to the Regent Honeyeater and supersedes previous plans, such as the 'Regent Honeyeater Recovery Plan 1999-2003'. It outlines the necessary research and management actions to halt the decline of the Regent Honeyeater and facilitate its recovery across its range in Australia. The recovery plan was developed in accordance with sections 269A(2), 270, 274 and 275 of the EPBC Act, and involved consideration of public comments during a specified consultation period. The plan becomes effective from the day after its registration on the Federal Register of Legislation.
Key Provisions
The main operative sections of the National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia) under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) are primarily found in section 269A(2), which empowers the Minister to draft a written recovery plan for the conservation and management of the listed threatened species. This recovery plan outlines the research and management actions necessary to halt the decline and support the recovery of the regent honeyeater across its range in Australia. This supersedes the previous recovery plan from 1999-2003 and is now legally binding on the Commonwealth and Commonwealth agencies.
The obligations imposed by the Act on the parties and entities it governs include the implementation of the research and management actions detailed in the recovery plan. These actions are aimed at ensuring the protection, conservation, and recovery of the regent honeyeater. The Minister is required to consult with the Threatened Species Scientific Committee, as mandated by section 274 of the EPBC Act, and consider their advice on the content of the recovery plan. Additionally, the draft recovery plan must be open for public comment, as stipulated in section 275 of the EPBC Act, with all comments considered in the finalisation of the plan.
The Act also includes provisions for offences, penalties, and civil or criminal consequences for breaches of the recovery plan. Section 487 of the EPBC Act outlines the potential penalties for non-compliance, which may include fines and imprisonment. The specific maximum penalties are not detailed in the explanatory statement, but they generally reflect the severity of the breach and the impact on the conservation of the regent honeyeater. Any entity or individual found to be in breach of the recovery plan may face legal action under the provisions of the EPBC Act.