{"id":"F2007L01332","name":"Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument repealing and adopting Recovery Plans (16/04/2007) (TAS)","slug":"f2007l01332","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":335459,"registerId":"commonwealth-F2007L01332-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument repealing and adopting Recovery Plans (16/04/2007) (TAS)","content":"Commonwealth of Australia\n\nInstrument repealing and adopting Recovery Plans\n\nI, MALCOLM BLIGH TURNBULL, Minister for the Environment and Water Resources:\n\n1. Pursuant to subsection 33(3) of the Acts Interpretation Act 1901, hereby repeal the Recovery Plan for the Wedge-tailed Eagle (Aquila audax fleayi) that is currently adopted under subsection 269A(7) of the Environment Protection Biodiversity Conservation Act 1999; and\n\n2\\. Under subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999, hereby adopt as a recovery plan for the listed threatened species specified below, the plan made by the Tasmanian government (or agencies of that State/Territory) specified opposite that listed threatened species:\n\nTasmania Recovery Plan (1)\n\n```html\n

Listed Threatened Species

Recovery Plan

Wedge-tailed Eagle (Tasmanian subspecies) (Aquila audax fleayi)

Threatened Species Section (2006). Threatened Tasmanian Eagles Recovery Plan 2006-2010. Department of Primary Industries and Water, Hobart.

Pursuant to Sub section 269A(7) of the EPBC Act, the approved Tasmanian recovery plan listed above is adopted with modifications as highlighted at Schedule 1 of the recovery plan.

\n```\n\nThe repeal of the Recovery Plan for the Tasmanian Wedge-tailed Eagle (Aquila audax fleayi) 1998-2003 will take effect on the date of signing of this instrument.\n\nThe adopted recovery plan will come into force on the date of signing of this instrument.\n\nDated this 16th day of April 2007.\n\nMalcolm Turnbull\n\nMinister for the Environment and Water Resources","sortOrder":0}],"analysis":{"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":2,"scope_assessment":{"changed":true,"description":"The instrument replaces the previously Commonwealth‑adopted recovery plan for Aquila audax fleayi (Tasmanian subspecies) with the Tasmanian Threatened Tasmanian Eagles Recovery Plan 2006–2010 (adopted under s269A(7)), including modifications in Schedule 1. Effect is immediate on signing (16 April 2007). The change alters which recovery measures govern approvals and compliance under the EPBC Act for that listed species."},"complexity_factors":["Narrow substantive scope: applies to a single listed taxon (Tasmanian Wedge‑tailed Eagle), limiting legal complexity.","Clear legal basis: adoption uses subsection 269A(7) of the EPBC Act and repeal uses subsection 33(3) of the Acts Interpretation Act 1901—straightforward statutory mechanics.","Immediate effect on signing reduces phased implementation questions but creates an immediate switch in applicable recovery measures.","Modifications referenced at Schedule 1 introduce minor interpretative work to reconcile the Tasmanian plan with Commonwealth adoption.","Stakeholder compliance burden: landowners, developers and conservation agencies must follow the newly adopted plan where EPBC approvals or conditions refer to the recovery plan.","Cross‑jurisdictional enforcement: adopting a state plan as the Commonwealth plan may require coordination between Commonwealth and Tasmanian authorities.","Limited ministerial discretion shown in the instrument, but the decision is a single, discrete executive act rather than an ongoing regulatory regime."],"plain_english_summary":"This instrument (signed 16 April 2007) repeals the Commonwealth‑adopted recovery plan for the Tasmanian subspecies of the Wedge‑tailed Eagle and adopts the Tasmanian government’s Threatened Tasmanian Eagles Recovery Plan 2006–2010 (with modifications in Schedule 1) as the recovery plan under the EPBC Act. Both the repeal and the new adoption take effect on signing.\n\nIt changes which recovery measures apply to the listed eagle and therefore affects landholders, developers and conservation agencies whose activities may trigger EPBC Act approvals or management obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 269A of the EPBC Act: allowing the federal minister to repeal outdated recovery plans and adopt new ones (including state-made plans with modifications). The scope remains tightly focused on administrative updating of a single species' recovery plan."},"complexity_factors":["Very short instrument (under 400 words)","Only 2 operative provisions (repeal and adoption)","Single defined term: the species name (scientific and common)","No nested conditional logic or cross-referencing maze — just straightforward references to section 269A(7) of the EPBC Act and subsection 33(3) of the Acts Interpretation Act 1901","One modification caveat (Schedule 1 reference) but no elaboration of what those modifications are within this instrument itself"],"plain_english_summary":"This ministerial decision replaces the old 1998–2003 Recovery Plan for the Tasmanian Wedge‑tailed Eagle with the 2006–2010 \"Threatened Tasmanian Eagles Recovery Plan\" prepared by Tasmania’s DPIW, adopted by the Commonwealth with specific modifications in Schedule 1. \n\nIt affects the Tasmanian subspecies, Tasmanian agencies and anyone whose activities might impact the eagles; because recovery plans adopted under the EPBC Act must be considered for federal approvals, this keeps legal guidance for preventing the species’ decline current."}},"importantCases":[],"_links":{"self":"/api/acts/f2007l01332","history":"/api/acts/f2007l01332/history","analysis":"/api/acts/f2007l01332/analysis","conflicts":"/api/acts/f2007l01332/conflicts","importantCases":"/api/acts/f2007l01332/important-cases","documents":"/api/acts/f2007l01332/documents"}}