Environment Protection and Biodiversity Conservation Act 1999

This section applies only if the Minister’s most recent decision under section 269AA in relation to a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community is to have a recovery plan for the whole or part of the species or community.

Subsection 273(1) sets a deadline of 3 years from the decision for ensuring that a recovery plan is in force for the species or community or part of it. Subsection 273(2) allows that period to be extended.

The Minister may make a written recovery plan for the purposes of the protection, conservation and management of:

the whole or part of a listed threatened species (except one that is extinct or is a conservation dependent species); or

the whole or part of a listed threatened ecological community.

The Minister may make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species (except one that is extinct or is a conservation dependent species) or part of it, or a listed threatened ecological community or part of it, jointly with one or more of the States and self‑governing Territories in which the species or community, or the relevant part, occurs, or with agencies of one or more of those States and Territories.

The Minister must not make a recovery plan under subsection (2) or (3) unless the plan meets the requirements of section 270.

Before making a recovery plan under subsection (2) or (3) for the whole or part of a listed threatened species or listed threatened ecological community, the Minister must:

consult the appropriate Minister of each State and self‑governing Territory in which the species or community or part occurs, and in which actions that the plan would provide for would occur, with a view to:

taking the views of each of those States and Territories into account in making the plan under subsection (2); or

making the plan jointly under subsection (3);

consider the advice of the Scientific Committee given under section 274; and

consult about the plan and consider comments in accordance with sections 275 and 276.

The Minister must not make a recovery plan under subsection (2) for a species or ecological community, or part of a species or ecological community that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable, within the period of 3 years referred to in subsection 273(1), to make the plan under subsection (3) of this section with each State or Territory:

in which the species or community or part occurs; and

in which actions that the plan would provide for would occur, if the plan were made under subsection (2) of this section.

The Minister may, by instrument in writing, 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 (whether or not the plan is in force in the State or Territory). The Minister may adopt the plan with such modifications as are specified in the instrument. This subsection has effect subject to section 277.

Section 277 requires that:

an adopted plan have the content required for a recovery plan by section 270; and

there has been adequate consultation in making the plan adopted; and

the Minister consult the Scientific Committee about the content of the plan.

A plan adopted under subsection (7) has effect as if it had been made under subsection (2) (whether it was adopted with modifications or not).