Federal Register of Legislation - Australian Government

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Plans/Management of Sites & Species as made
This instrument revokes one Victorian recovery plan and adopts two Northern Territory and eleven Victorian recovery plans for listed threatened species and ecological communities.
Administered by: Environment and Energy
General Comments: The Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument Adopting and Revoking Recovery Plans (26/11/2010) (NT, VIC) revokes the following Recovery Plan with effect from 16/12/2010: Basalt Greenhood (Pterostyylis basaltica) Recovery Plan 2000-2004. Department of Natural Resources and Environment, Victoria, February 1999 see F2007B00395.
Registered 15 Dec 2010
Tabling HistoryDate
Tabled HR08-Feb-2011
Tabled Senate08-Feb-2011

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

Adoption of State or Territory Plans as Recovery Plans

(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)

 

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species and ecological communities.

 

Subsection 269A(7) of the Act enables the Minister, by instrument in writing, to adopt as a recovery plan, a plan made by a State, a self-governing Territory or an agency of a State or self-governing Territory. 

 

The purpose of this instrument is to:

 

(a)                        Revoke the following recovery plan (the superseded plan):

 

1.      Basalt Greenhood (Pterostylis basaltica) Recovery Plan 2000-2004.

                  Department of Natural Resources and Environment, Victoria, 

                  February 1999 (adopted on 9 March 2001).


 

(b)                       Adopt the following recovery plans (the adopted plans):

(i)                  Prepared by the Northern Territory:

1.   Croitana aestiva Desert Sand-skipper

2.      Dasyurus hallucatus Northern Quoll

 

(ii)                Prepared by Victoria:

3.      Galaxias fuscus Barred Galaxias

4.      Maccullochella peelii peelii Murray Cod

5.      Megascolides australis Giant Gippsland Earthworm

6.      Astelia australiana Tall Astelia

7.      Dianella amoena Matted Flax-lily

8.      Diuris basaltica Small Golden Moths Orchid

9.      Glycine latrobeana Clover Glycine

10.  Lachnagrostis adamsonii Adamson’s Blown-grass

11.  Pterostylis basaltica Basalt Rustyhood

12.  Pterostylis cucullata Leafy Greenhood

13.  Silurian Limestone Pomaderris Shrubland of the South East Corner and Australian Alps Bioregions.

 

 

The adopted plans provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species and ecological community in order to maximise their chances of long-term survival in nature.

 

 

Before the Minister may adopt a recovery plan under subsection 269A(7) of the Act, subsection 277(1) of the Act provides that the Minister must be satisfied that an appropriate level of consultation has been undertaken in making the plan and that the plan meets the requirements of section 270 of the Act.  In addition subsection 277(2) of the Act requires the Minister to obtain and consider advice from the Scientific Committee on the content of the plan. 

 

The adopted plans have been assessed and comply with section 270 of the Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000.  In addition, the adopted plans were placed on public exhibition and comments were invited from the public. Some minor comments were received and these were considered in finalising the plans. 

 

In accordance with subsection 277(2) of the Act, the advice of the Threatened Species Scientific Committee was also obtained on the content of the recovery plans. The Committee advised that it recommends the plans for adoption by the Minister.

 

The adopted plans are available from the Australian Government Department of Sustainability, Environment, Water, Population and Communities website: http://www.environment.gov.au/biodiversity/threatened/recovery-list-scientific.html

or from the Community Information Unit, Department of Sustainability, Environment, Water, Population and Communities, GPO Box 787, Canberra ACT 2601 or by phoning on 1800 803 772. 

 

The instrument revoking and adopting the recovery plans is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The adopted plans commenced on the day after this instrument was registered on the Federal Register of Legislative Instruments.