{"id":"F2007L02708","name":"Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument repealing and adopting Recovery Plans (09/08/2007) (NSW, NT)","slug":"f2007l02708","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":325674,"registerId":"commonwealth-F2007L02708-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\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\n\n Wollemi Pine Recovery Plan NPWS (1998) that was adopted under subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999 on 16 July 2000; and\n\n2\\. Under subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999, hereby adopt as the recovery plan for the listed threatened species specified below, the plans made by the New South Wales and Northern Territory governments (or agencies of the State/Territory) specified opposite the listed threatened species:\n\n| Listed Threatened Species or Ecological Community | Recovery Plan                                                                                                                                                                                                                            |\n| ------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Wollemia nobilis                                  | NSW Department of Environment and Conservation (2006) Wollemi Pine (Wollemia nobilis) Recovery Plan. NSW Department of Environment and Conservation, Hurstville NSW.                                                                     |\n| Boronia quadrilata and Boronia viridiflora        | Liddle, D.T. and Gibbons, A. (2006). National recovery plan for Boronia quadrilata and Boronia viridiflora in the Northern Territory of Australia. Northern Territory Department of Natural Resources, Environment and the Arts, Darwin. |\n\nThe repeal of the Recovery Plan for:\n\n Wollemi Pine Recovery Plan NPWS (1998)\n\nwill take effect on the date of signing of this instrument.\n\nThe adopted recovery plans will come into force on the date of signing of this instrument.\n\nDated this …………9th……………day of …………August………………….2007.\n\nMalcolm Turnbull\n\nMinister for the Environment and Water Resources","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument replaces the previously adopted 1998 Wollemi Pine Recovery Plan with a 2006 NSW plan and adopts a 2006 NT plan for two Boronia species. That alters which specific documents constitute the Commonwealth recovery plans for those listed species; it does not broaden the set of listed species or create additional regulatory categories."},"complexity_factors":["Ministerial exercise of power under EPBC Act s269A(7) and Acts Interpretation Act 1901 s33(3) (instrumentary legal basis).","Repeal of a previously adopted Commonwealth recovery plan (Wollemi Pine NPWS 1998) and immediate effect on signing.","Adoption of external, state/territory documents (NSW 2006; NT 2006) as the Commonwealth recovery plans — cross-jurisdictional incorporation of material.","Species-specific and narrowly targeted scope (Wollemia nobilis; Boronia quadrilata; Boronia viridiflora), which limits application but concentrates effects.","Implementation and compliance burden shifts to the agencies and stakeholders named in the adopted plans (NSW Department of Environment and Conservation; NT Department of Natural Resources, Environment and the Arts), since those documents become the Commonwealth recovery plans.","Potential interpretive complexity from importing state/territory plan content into Commonwealth instrument status without amendment.","Procedure is administratively simple (single instrument, immediate commencement) which reduces transitional or consultation complexity."],"plain_english_summary":"This instrument, signed by the Minister, repeals the 1998 Wollemi Pine Recovery Plan and adopts two state/territory recovery plans as the Commonwealth recovery plans under section 269A(7) of the EPBC Act: a 2006 NSW plan for Wollemia nobilis and a 2006 NT plan for Boronia quadrilata and Boronia viridiflora. The repeal and adoptions take effect on signing (9 August 2007).\n\nIt affects the agencies and parties responsible for implementing these recovery plans because the adopted documents become the Commonwealth recovery plans."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument operates exactly within its intended scope under section 269A of the EPBC Act, which specifically provides for the Minister to repeal and adopt recovery plans. There is no scope creep; it performs the narrow administrative function contemplated by the parent Act."},"complexity_factors":["Very short document (under 500 words)","Only 2 substantive operative provisions (repeal and adoption)","No defined terms requiring interpretation","Simple cross-reference to only 2 statutory provisions (subsection 33(3) of Acts Interpretation Act 1901 and subsection 269A(7) of EPBC Act)","No conditional logic or exceptions","Straightforward tabular format for adopted plans","Ministerial instrument rather than primary legislation"],"plain_english_summary":"This decision cancels the 2000 federal recovery plan for the Wollemi Pine and adopts two 2006 state/territory recovery plans—NSW’s Wollemi Pine plan and the NT plan for Boronia quadrilata and B. viridiflora—bringing them into force under the EPBC Act. It affects the NSW and NT governments, anyone whose activities might impact these plants, and the three threatened species, updating and extending federally binding conservation measures."}},"importantCases":[],"_links":{"self":"/api/acts/f2007l02708","history":"/api/acts/f2007l02708/history","analysis":"/api/acts/f2007l02708/analysis","conflicts":"/api/acts/f2007l02708/conflicts","importantCases":"/api/acts/f2007l02708/important-cases","documents":"/api/acts/f2007l02708/documents"}}