EXPLANATORY STATEMENT
Acts Interpretation Act 1901
Section 33 (3)
Exercise of powers and duties
Repeal of Adoption of State Plans as Recovery Plans
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The purpose of this instrument is to repeal the Grevillea williamsonii (Williamson’s Grevillea) Recovery Plan that was adopted under section 269A of the Environment Protection Biodiversity Conservation Act 1999
On the 13 May 2005, the Minister for the Environment and Heritage signed an instrument to de-list Grevillea williamsonii (Williamson’s Grevillea) from the Environment Protection Biodiversity Conservation Act 1999. This species therefore no longer requires a recovery plan to be in place.
The recovery plan will be repealed on the date of signing of instrument.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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 repealing of the Plan.