{"id":"F2008L02040","name":"Environment Protection and Biodiversity Conservation Act 1999 - section 269A - Instrument Adopting Recovery Plans (25/05/2008) (NSW)","slug":"f2008l02040","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":326391,"registerId":"commonwealth-F2008L02040-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 Adopting Recovery Plans (25/05/2008) (NSW)","content":"![](image.001.png)\n\nCommonwealth of Australia\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\nSection 269A\n\nInstrument Adopting Recovery Plans\n\nI, PETER ROBERT GARRETT, Minister for the Environment, Heritage and the Arts, hereby adopt, under subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the Lord Howe Island Biodiversity Management Plan (2007) (as made by the New South Wales Government) as the recovery plan for the following listed threatened species located on Lord Howe Island:\n\n-   Calystegia affinis;\n-   Elymus multiflorus var. kingianus;\n-   Strepera graculina crissalis (Lord Howe Island Currawong);\n-   Dryococelus australis (Lord Howe Island Phasmid);\n-   Placostylus bivaricosus (Lord Howe Placostylus);\n-   Christinus guentheri (Lord Howe Island Gecko);\n-   Pseudemoia lichenigera (Lord Howe Island Skink);\n-   Pterodroma neglecta neglecta (Kermadec Petrel (western)); and\n-   Fregetta grallaria grallaria (White-bellied Storm-Petrel (Australasian)).\n\nThe adopted recovery plan will come into force on the date of signing of this instrument.\n\nDated this twenty-fifth day of May 2008.\n\nPETER ROBERT GARRETT\n\nMinister for the Environment, Heritage and the Arts","sortOrder":0}],"analysis":{"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: adopting a state/territory plan as a federal recovery plan for specific listed species. The scope remains tightly confined to the nine species explicitly listed and the single NSW plan adopted."},"complexity_factors":["Single operative provision with straightforward adoption mechanism","No defined terms requiring interpretation","Simple list structure for the nine species (no conditional application)","No cross-references to other legislative provisions beyond the enabling section (269A(7))","No exceptions, exemptions, or nested conditions","Short document (approximately 200 words of substantive content)"],"plain_english_summary":"The federal Environment Minister has adopted the NSW \"Lord Howe Island Biodiversity Management Plan (2007)\" as the national recovery plan for nine threatened Lord Howe Island species, making that state plan legally binding under federal law. \n\nThat means the plan now guides federal and state decision‑making and applies to anyone whose activities on Lord Howe Island might affect these species, ensuring federal approvals must consider measures to prevent extinction and support recovery."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument adopts the NSW Lord Howe Island Biodiversity Management Plan (2007) as the Commonwealth recovery plan for the named species; it does not amend the species list or alter the plan's content in the text of the instrument."},"complexity_factors":["Single, discrete legal action: adoption of an existing plan under s.269A(7) rather than creation of new regulatory obligations.","Cross-jurisdictional instrument: Commonwealth adoption of a State-made plan requires administrative coordination between levels of government.","Limited procedural content: instrument records commencement on signature but contains no implementation, enforcement or funding details.","Defined scope by species list: effect confined to the nine listed threatened species on Lord Howe Island (explicitly named).","Low discretion: instrument is prescriptive in adopting the specified plan without delegate amendments."],"plain_english_summary":"This instrument, made under subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999, adopts the New South Wales \"Lord Howe Island Biodiversity Management Plan (2007)\" as the Commonwealth recovery plan for nine listed threatened species located on Lord Howe Island. It takes effect on signing and thereby makes the NSW-made plan the formal recovery plan under the EPBC Act for those species, aligning Commonwealth recovery planning with the NSW document."}},"importantCases":[],"_links":{"self":"/api/acts/f2008l02040","history":"/api/acts/f2008l02040/history","analysis":"/api/acts/f2008l02040/analysis","conflicts":"/api/acts/f2008l02040/conflicts","importantCases":"/api/acts/f2008l02040/important-cases","documents":"/api/acts/f2008l02040/documents"}}