National Recovery Plan for the South-eastern Red-tailed Black-Cockatoo (Calyptorhynchus banksii graptogyne)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide a framework for the protection and conservation of threatened species and ecological communities. The Act addresses the gap in environmental protection by imposing specific obligations on the Commonwealth in this regard. The instrument, issued under the authority of the Minister for the Environment and Water Resources, aims to ensure the National Recovery Plan for the South-eastern Red-tailed Black-Cockatoo Calyptorhynchus banksii graptogyne is in force. This plan outlines the necessary research and management actions to halt the decline and support the recovery of this listed threatened species, thereby maximising its chances of long-term survival in the wild. The plan was subject to public exhibition and all comments were considered in its finalisation. This recovery plan is available from the Australian Government Department of the Environment and Water Resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the entire Commonwealth of Australia, imposing obligations on the government to protect and conserve threatened species and ecological communities. Specifically, the Act is concerned with the making of recovery plans for species and ecological communities deemed to be at risk, as outlined in section 269A. This legislative instrument concerns the National Recovery Plan for the South-eastern Red-tailed Black-Cockatoo, a threatened species. The plan encompasses research and management actions necessary to halt the decline and support the recovery of the species, aiming to maximise its chances of long-term survival in the wild. The plan was developed in consultation with the Threatened Species Scientific Committee and after public exhibition, with all comments taken into account. This instrument ensures the recovery plan is legally in force and accessible to the public, providing a structured approach to the conservation efforts for this endangered species.

Key Provisions

The main operative sections of the legislation are sections 269A, 270, 274, and 277 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000. Section 269A empowers the Minister to make a recovery plan for a threatened species, while section 270 requires the plan to be in writing and include specific information. Section 274 mandates that the Threatened Species Scientific Committee must recommend the plan's making, and section 277 necessitates the plan to be exhibited to the public and any comments considered before finalisation. Regulation 7.11 provides further details on the content and format of the recovery plan. The Act imposes several obligations on the parties involved, including the Commonwealth, the Minister, the Threatened Species Scientific Committee, and the public. The Commonwealth has a duty to protect and conserve threatened species and ecological communities. The Minister must prepare and make a recovery plan for a listed threatened species, ensuring it is assessed and complies with section 270 and regulation 7.11. The Threatened Species Scientific Committee must recommend the plan's making based on the information provided. The public has the right to provide comments during the exhibition period, which must be considered before the plan is finalised. Breaches of the obligations under the Act can result in civil and criminal consequences. Specifically, section 317 of the Act outlines offences and penalties for non-compliance with the Act, which can include fines and imprisonment. The maximum penalties for offences related to the making of recovery plans, however, are not specified in the text. Additionally, the Legislative Instruments Act 2003 provides for the retrospective commencement of legislative instruments without adversely affecting the rights and liabilities of persons other than the Commonwealth, as outlined in subsection 12(2).