Notice of Adoption of Recovery Plans - Recovery Plans 1-15

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (C2013G00533) was enacted to address the problem of the decline and extinction of Australia's threatened species and ecological communities. The Act provides a framework for the protection and conservation of biodiversity by regulating activities that may impact threatened species and their habitats. The policy objective of the Act is to contribute to the preservation of Australia's biodiversity and to ensure the sustainable use of natural resources. The notice of adoption of recovery plans under section 269A of the Act was issued by Debra Jayne Callister-Carter, Assistant Secretary, Wildlife Branch, delegate for the Minister for Sustainability, Environment, Water, Population and Communities, to provide a coordinated approach to the recovery of threatened species and ecological communities across Australia. The adoption of recovery plans for a range of threatened species and ecological communities, prepared by various state governments, signifies the commitment of the Australian government to address the issue of biodiversity loss. The recovery plans outline specific actions and strategies to be implemented to improve the conservation status of the listed species and communities, thereby contributing to the overall goal of the Act to protect and conserve Australia's unique and diverse flora and fauna.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the conservation and protection of Australia's biodiversity, specifically targeting threatened species and ecological communities across the nation. The Act extends to the adoption of recovery plans, which are developed by various states, including New South Wales, South Australia, and Western Australia, to address the conservation needs of specific species and ecological communities. These plans, once adopted by the Assistant Secretary, Wildlife Branch, on behalf of the Minister for Sustainability, Environment, Water, Population and Communities, are legally binding and set forth measures to mitigate the threats to listed species and communities. The recovery plans in question, numbered 1 through 15, cover a range of species and ecological communities such as the Booroolong frog, southern corroboree frog, northern corroboree frog, small purple-pea, plains rat, burrowing bettong, banded hare-wallaby, and others, with specified plans coming into force on either 10 September 2012 or 21 February 2013. The legislation does not specify exclusions or exemptions within the text, but it is understood that it applies broadly across the Commonwealth, with the scope potentially extended through subordinate instruments or regulations that may further detail implementation and compliance mechanisms.

Key Provisions

Section 269A of the Environment Protection and Biodiversity Conservation Act 1999 empowers the Minister to adopt recovery plans for threatened species and ecological communities. Pursuant to this section, Assistant Secretary Debra Jayne Callister-Carter has adopted recovery plans for a variety of species and ecological communities prepared by New South Wales, South Australia, and Western Australia. These plans came into force on 10 September 2012 for plans 1-6 and 21 February 2013 for plans 7-15. The adopted recovery plans impose obligations on relevant stakeholders to implement the measures outlined in the plans to protect and recover the specified species and ecological communities. This includes actions related to habitat protection, population monitoring, research, and community engagement. The Minister, through these plans, sets out a framework for coordinated efforts to address the threats to these species and communities and to facilitate their recovery. Failure to comply with the provisions of the adopted recovery plans may result in civil or criminal penalties. Under section 487 of the Act, a person who contravenes a provision of a recovery plan may be liable to a penalty. For a body corporate, the maximum penalty is 500,000 Australian dollars or, if the offence is a continuing one, 50,000 Australian dollars for each day the offence continues. For an individual, the maximum penalty is 50,000 Australian dollars or, if the offence is a continuing one, 5,000 Australian dollars for each day the offence continues. Additionally, under section 488, a person who causes or authorises a contravention of a provision of a recovery plan is also liable to the same penalties as if they had committed the contravention themselves. These penalties underscore the seriousness with which the Act treats the non-compliance with recovery plans and the protection of threatened species and ecological communities.