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The recovery plan will be repealed on the date of signing of instrument.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.
Overview
The Acts Interpretation Act 1901 was enacted to provide guidance on the interpretation of Commonwealth legislation, ensuring that the powers conferred by Acts can be exercised in a manner consistent with the intentions of the legislature. One such exercise of power is reflected in the instrument repealing the Grevillea williamsonii (Williamson’s Grevillea) Recovery Plan, which was adopted under section 269A of the Environment Protection and Biodiversity Conservation Act 1999. The Minister for the Environment and Heritage signed an instrument on 13 May 2005 to de-list Williamson’s Grevillea from the Environment Protection and Biodiversity Conservation Act 1999, thereby rendering the recovery plan obsolete. This legislative instrument, repealed under Section 33(3) of the Acts Interpretation Act 1901, removes the need for a recovery plan for this species and is effective from the date of signing. Importantly, this repeal does not adversely affect the rights and liabilities of any person other than the Commonwealth, as stipulated under subsection 12(2) of the Legislative Instruments Act 2003.
Scope and Application
The explanatory statement for the legislative instrument F2005L03454 pertains to the repeal of the Grevillea williamsonii (Williamson's Grevillea) Recovery Plan, which was adopted under the Environment Protection and Biodiversity Conservation Act 1999. This legislative instrument applies to the recovery plan previously designated for Williamson's Grevillea, a species that has been de-listed under the Environment Protection and Biodiversity Conservation Act 1999. Consequently, the necessity for a recovery plan for this species has been removed. The repeal of this recovery plan was authorised by the Minister for the Environment and Heritage on 13 May 2005, and it took effect on the date of signing the relevant instrument. The instrument's scope extends to the repeal of the recovery plan, and it aligns with the provisions of the Acts Interpretation Act 1901, particularly section 33(3), which allows for the repeal of certain instruments unless otherwise specified. This repeal is a legislative instrument under the Legislative Instruments Act 2003, and it ensures that the rights and liabilities of entities other than the Commonwealth remain unaffected by this retrospective repeal.
Key Provisions
The main operative sections of this legislation pertain to the repeal of a specific recovery plan under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 33(3) of the Acts Interpretation Act 1901 is invoked to allow the repeal of the Grevillea williamsonii (Williamson's Grevillea) Recovery Plan, which was adopted under Section 269A of the EPBC Act. This repeal was necessitated by the de-listing of Grevillea williamsonii by the Minister for the Environment and Heritage on 13 May 2005, which rendered the recovery plan unnecessary. The repeal of the recovery plan is effective from the date the instrument was signed.
This Act imposes a clear obligation on the Minister for the Environment and Heritage to ensure that the recovery plan is repealed upon the de-listing of the species. This obligation aligns with the legislative framework established under Section 33(3) of the Acts Interpretation Act 1901, which allows for the repeal, rescission, revocation, amendment, or variation of any instrument unless the contrary intention is specified. The Minister's action in signing the instrument to de-list the species is thus a direct exercise of the power granted under this section.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the legislation for the breach of its provisions. However, the repeal of the recovery plan is a formal process that must be adhered to, ensuring that the legislative intent is fulfilled. The rights and liabilities of individuals or entities other than the Commonwealth are not adversely affected by this repeal, as noted under subsection 12(2) of the Legislative Instruments Act 2003. This means that while the recovery plan is repealed, no existing rights or liabilities of non-Commonwealth parties are compromised by this legislative action.