{"id":"F2005L02519","name":"Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Adoption of State Plans as Recovery Plans (18/08/2005)","slug":"f2005l02519","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":321930,"registerId":"commonwealth-F2005L02519-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Environment Protection and Biodiversity ","sectionType":"part","heading":"Environment Protection and Biodiversity Conservation Act 1999","content":"# Environment Protection and Biodiversity Conservation Act 1999\n\nSection 269A\n\nAdoption of State Plans as Recovery Plans\n\nI, IAN GORDON CAMPBELL, Minister for the Environment and Heritage, under section 269A of the Environment Protection and Biodiversity Conservation Act 1999, hereby adopt as recovery plans for the listed threatened species specified below, the respective plans made by New South Wales and Western Australian (or agencies of those States/Territories) specified opposite those listed threatened species:\n\nNew South Wales Recovery Plans (1)\n\n```html\n

Listed Threatened Species or Ecological Community

Recovery Plan

Davidsonia jerseyana

NSW Department of Environment and Conservation (2004). Davidson’s Plum (Davidsonia jerseyana) Recovery Plan. NSW Department of Environment and Conservation, Hurstville.

Pursuant to Sub section 269A (7) of the EPBC Act, the recovery plan listed above is adopted with the following additional text included as an addendum:

Recovery Objectives, Actions and Performance Criteria

For the purposes of Adopting this recovery plan under the EPBC Act, the Recovery Criteria are amended to include:

Specific objective 5:

Action 5.1

Additional performance criteria

The number of individual plants within wild populations and /or the number of wild populations have increased by 10 percent or more over the five-year life of the recovery plan under the EPBC Act.

The area under conservation management agreements has increased by 10 percent or more over the five-year life of the recovery plan under the EPBC Act.

\n```\n\nWestern Australia Recovery Plans (14)\n\n```html\n

Listed Threatened Species

Recovery Plan

Pseudemydura umbrina

Burbidge, A. and Kuchling, G. (2004) Western Swamp Tortoise (Pseudemydura umbrina) Recovery Plan. Department of Conservation and Land Management, Wanneroo, WA.

Parantechinus apicalis

Friend, J.A. (2003) Dibbler (Parantechinus apicalis) Recovery Plan 2003-2013. Department of Conservation and Land Management, Wanneroo, WA.

Acacia ataxiphylla subsp. magna

Harris, A. and Brown, A. (2003) Large-fruited Tammin Wattle (Acacia ataxiphylla subsp. magna) Interim Recovery Plan 2003-2008. Department of Conservation and Land Management, Wanneroo, WA.

Acacia volubilis

Harris, A and Brown, A. (2003) Tangle Wattle (Acacia volubilis) Interim Recovery Plan 2003-2008. Department of Conservation and Land Management, Wanneroo, WA.

Acacia subflexuosa subsp. capillata

Harris, A. and Brown, A. (2003) Hairy-Stemmed Zig-Zag Wattle (Acacia subflexuosa subsp. capillata) Interim Recovery Plan 2003-2008. Department of Conservation and Land Management, Wanneroo, WA.

Calytrix breviseta subsp. breviseta

Luu, R. and English, V. (2004) Swamp Starflower (Calytrix breviseta subsp. breviseta) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Centrolepis caespitosa

Gilfillan, S. and Barrett, S. (2004)Matted Centrolepis (Centrolepis caespitosa) Interim Recovery Plan 2004-2008. Department of Conservation and Land Management, Wanneroo, WA.

Dryandra squarrosa subsp. argillacea

Luu, R. and English, V. (2004) Whicher Range Dryandra (Dryandra squarrosa subsp. argillacea) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Epiblema grandiflorum var. cyanea K.Dixon ms.

Luu, R. and English, V. (2004) Blue Babe-In-The-Cradle Orchid (Epiblema grandiflorum var. cyanea K.Dixon ms.) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Eucalyptus impensa

Stack, G. & Broun, G. (2004) Eneabba Mallee (Eucalyptus impensa) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Eucalyptus phylacis

Patten, J. (2004) Meelup Mallee (Eucalyptus phylacis) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Philotheca basistyla

Bettink, K., Luu, R., Brunt, K. & Brown, A. (2004)White-Flowered Philotheca (Philotheca basistyla) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Pterostylis Sp. Northampton

Luu, R. Chant, A & English, V (2004) Northampton Midget Greenhood (Pterostylis Sp. Northampton) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Villarsia calthifolia

Gilfillan, S & Barrett, S (2004) Mountain Villarsia (Villarsia calthifolia) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Wanneroo, WA.

Pursuant to Sub section 269A (7) of the EPBC Act, the ten flora recovery plans listed above and the Dibbler (Parantechinus apicalis) Recovery Plan are adopted with the following additional text included as an addendum:

Critical Habitat

The plan identifies critical habitat as including areas located a set distance around known populations which contain habitat similar to that in which the species occurs, as well as areas that do not currently contain the species but may have done so in the past. These areas identified in the plan do not represent areas of critical habitat as defined under section 207A of the EPBC Act, nor do they represent habitats that are critical to the survival of the species identified pursuant to Section 270(2)(d) of the EPBC Act. Habitats identified in Section 270(2)(d) are limited to the area of occupancy if known populations.

\n```\n\nThe recovery plans will come into force on the date of signing of this instrument.\n\nDated this 18th day of August 2005.\n\nIAN CAMPBELL\n\nMinister for the Environment and Heritage","sortOrder":0},{"sectionNumber":"Critical Habitat","sectionType":"part","heading":"Critical Habitat","content":"## Critical Habitat\n\nThe plan identifies critical habitat as including areas located a set distance around known populations which contain habitat similar to that in which the species occurs, as well as areas that do not currently contain the species but may have done so in the past. These areas identified in the plan do not represent areas of critical habitat as defined under section 207A of the EPBC Act, nor do they represent habitats that are critical to the survival of the species identified pursuant to Section 270(2)(d) of the EPBC Act. Habitats identified in Section 270(2)(d) are limited to the area of occupancy if known populations.","sortOrder":1}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument operates exactly within the scope intended by section 269A of the EPBC Act — namely, to allow the Minister to adopt state and territory recovery plans as Commonwealth recovery plans. The mechanism is functioning as designed without scope creep."},"complexity_factors":["Single operative provision (section 269A) with straightforward adoption mechanism","Minimal conditional logic — essentially a table-matching exercise between species and plans","Two discrete addendums with specific modifications, but no nested exceptions","No defined terms requiring interpretation beyond standard EPBC Act definitions","Straightforward administrative instrument format — essentially a legislative instrument with tabular schedules","Cross-references limited to specific subsections (269A(7), 207A, 270(2)(d)) that are clearly identified"],"plain_english_summary":"The Environment Minister has adopted 15 state recovery plans (NSW and WA) as federal recovery plans under the EPBC Act, making them binding federal guidance for managing those threatened species and communities. It affects 15 taxa—including Davidson’s Plum, Western Swamp Tortoise and dibbler—and means proposed developments must consider these plans.\n\nAddendums impose extra targets for Davidson’s Plum and clarify that some WA “critical habitat” labels don’t automatically trigger specified federal protections."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument does more than a straight adoption: it attaches addenda that alter recovery criteria (e.g. 10% population/area increase for Davidsonia jerseyana) and explicitly narrows the legal meaning of plan‑identified 'critical habitat' by stating those plan areas are not 'critical habitat' as defined in s207A nor habitats under s270(2)(d). Those additions both expand federal performance obligations (measurable targets) and limit the statutory reach of 'critical habitat', so the practical scope of federal recovery obligations differs from a verbatim adoption (sources: NSW addendum text and the instrument's 'Critical Habitat' clarifications referencing ss207A and 270(2)(d))."},"complexity_factors":["Cross‑jurisdictional adoption: State recovery plans are converted into Commonwealth recovery plans by the Minister under s269A, creating interactions between state and federal regimes (source: instrument heading and s269A).","Ministerial discretion and addenda: The instrument uses the power in s269A(7) to adopt plans with additional text (addenda) that modify recovery criteria (source: explicit reference to Sub section 269A (7) in the instrument).","Heterogeneous package: Multiple plans (1 NSW plan and 14 WA plans) with different species, timeframes and measures increase administrative and compliance complexity for agencies and regulated parties (source: lists of adopted plans).","Concrete performance targets: The NSW addendum adds measurable criteria (e.g. a 10% increase in wild plants/populations and conservation management area over five years), which creates quantifiable compliance and monitoring obligations for implementers (source: NSW addendum text).","Legal‑terminology clarification: Plans identify 'critical habitat' in a broader way but the instrument explicitly states those identifications are not the statutory 'critical habitat' under s207A or habitats under s270(2)(d), introducing potential interpretive ambiguity for regulators and landholders (source: WA addendum and repeated 'Critical Habitat' text referencing ss207A and 270(2)(d)).","Enforcement and funding gap: The instrument adopts objectives and targets but does not set out enforcement mechanisms, funding or specific implementation responsibilities in the text supplied, raising implementation risk and potential compliance burden on land managers (source: instrument content lack of enforcement/funding details)."],"plain_english_summary":"This instrument adopts specified New South Wales and Western Australian recovery plans as Commonwealth recovery plans under section 269A of the EPBC Act. It brings those state plans into federal effect, adds an EPBC addendum with measurable performance criteria for at least one plan (e.g. 10% population/management‑area increases over five years), and clarifies that plan‑identified “critical habitat” is not the statutory critical habitat under ss207A or 270(2)(d). It affects state agencies, landowners, developers and anyone subject to EPBC approvals because it changes recovery obligations and compliance triggers."}},"importantCases":[],"_links":{"self":"/api/acts/f2005l02519","history":"/api/acts/f2005l02519/history","analysis":"/api/acts/f2005l02519/analysis","conflicts":"/api/acts/f2005l02519/conflicts","importantCases":"/api/acts/f2005l02519/important-cases","documents":"/api/acts/f2005l02519/documents"}}