Notice of Adoption of Recovery Plan - 21 August 2015

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the pressing need for a unified national framework to protect and manage the environment, particularly focusing on biodiversity conservation. This legislation aims to provide for the protection of matters of national environmental significance by establishing a comprehensive regime for the assessment and approval of activities that may impact these matters. One of the key mechanisms introduced by the Act is the adoption of recovery plans for listed threatened species, as demonstrated in the notice issued under Section 269A regarding the White-bellied and Orange-bellied Frogs (Geocrinia alba and Geocrinia vitellina). The policy objective of the Act is to ensure the protection and recovery of threatened species and ecological communities through coordinated national efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and activities across Australia, with the specific notice under Section 269A focusing on the adoption of recovery plans for threatened species. In this instance, the Assistant Secretary, Protected Species and Communities Branch, acting as a delegate for the Minister for the Environment, has adopted the White-bellied and Orange-bellied Frogs Recovery Plan prepared by Western Australia. This adoption pertains to the listed threatened species Geocrinia alba and Geocrinia vitellina. The geographic reach of this Act is national, governing actions and conservation efforts across all states and territories in Australia. The notice specifies the adoption of the recovery plan and its commencement date, 21 August 2015, which is now in force. The plan is available for public access through the Department of the Environment's website or via direct contact with the Community Information Unit. The Act does not explicitly detail exclusions, exemptions, or thresholds within this notice, but it is understood that the broader legislative framework may contain such provisions. The application of the Act may be extended or restricted through subordinate instruments, which can introduce additional regulations or clarifications.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999, as evidenced in the Notice under Section 269A, pertain to the adoption of a recovery plan for specified threatened species (Section 269A). This notice, issued by Geoffrey Richardson as a delegate for the Minister for the Environment, officially adopts the recovery plan prepared by Western Australia for the White-bellied Frog (Geocrinia alba) and the Orange-bellied Frog (Geocrinia vitellina). This adoption came into effect on 21 August 2015, and the plan is accessible through the Department of the Environment’s website or via the Community Information Unit. The Act imposes specific obligations and requirements on various parties involved in the conservation and protection of these species. It mandates that the recovery plan be implemented by relevant authorities and stakeholders to ensure the preservation and rehabilitation of the listed species. The plan likely includes measures for habitat protection, breeding programs, population monitoring, and public education, all aimed at achieving the recovery objectives outlined in the document. The plan also stipulates that any activities impacting the species or their habitats must be assessed to ensure compliance with the recovery objectives and the broader aims of the Act. Breaching the requirements set forth in the adopted recovery plan can lead to various consequences under the Act. While the notice itself does not detail specific offences or penalties, the overarching Act provides for both civil and criminal penalties. For instance, under Section 474, a person can be fined up to $66,000 for breaching a prohibition or a direction issued under the Act. Furthermore, under Section 487, an offence of destroying a listed threatened species or its habitat can attract more severe penalties, with fines potentially reaching up to $330,000 and imprisonment for up to seven years for corporations, and fines up to $66,000 and imprisonment for up to three years for individuals. These penalties underscore the seriousness with which the Act treats the protection of threatened species and their habitats.