{"id":"F2016L00658","name":"Environment Protection and Biodiversity Conservation Act 1999 - Section 269A - Instrument Adopting Recovery Plan (Mountain Pygmy-Possum) (02/05/2016)","slug":"f2016l00658","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":328736,"registerId":"commonwealth-F2016L00658-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 Adopting Recovery Plan  \n\nI, GREG HUNT, Minister for the Environment:\n\n(a) 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, this plan made by Victoria:\n\n| Listed Threatened Species | Recovery Plan                                                                                                                                                     |\n| ------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Burramys parvus           | Department of Environment, Land, Water and Planning. 2016. National Recovery Plan for the Mountain Pygmy-Possum Burramys parvus. Australian Government, Canberra. |\n\nDated this 2nd day of May 2016\n\nGreg Hunt\n\nMinister for the Environment\n\nThis instrument comes into force on the day after it is registered on the Federal Register of Legislation.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument adopts an existing recovery plan made by Victoria as the Commonwealth recovery plan for Burramys parvus under s 269A(7). It formalises adoption and commencement (the day after registration) but does not amend the EPBC Act or the adopted Plan’s substantive content, nor does it add new statutory obligations in the instrument itself."},"complexity_factors":["Procedural simplicity: single action of formal adoption by Minister (refers to subsection 269A(7) in the instrument text).","Delegated content: substantive measures, obligations, costs and timelines are contained in the externally authored recovery plan (Department of Environment, Land, Water and Planning, 2016), not in the instrument itself—requiring cross‑document reading.","Cross‑jurisdictional implementation: plan was made by Victoria but adoption is by the Commonwealth, so practical implementation and funding responsibilities sit with multiple levels of government and agencies.","Limited normative detail: instrument does not specify funding, enforcement mechanisms or new statutory powers, increasing reliance on the adopted Plan for operational detail (the instrument merely adopts the Plan).","Commencement clarity: instrument specifies commencement timing—comes into force the day after registration on the Federal Register of Legislation—so there is clear temporal effect for use in decision‑making."],"plain_english_summary":"An instrument signed by the Commonwealth Minister formally adopts Victoria’s National Recovery Plan for the Mountain Pygmy‑Possum as the species’ recovery plan under the EPBC Act (s 269A(7)). The instrument makes that Plan relevant to Commonwealth decision‑making but does not itself create new statutory duties; practical implementation, costs, compliance burdens and discretionary choices rest with the agencies and jurisdictions named in the adopted Plan and the Plan’s own provisions."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 269A of the EPBC Act: adopting a state/territory recovery plan for a listed threatened species. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Single operative provision: adoption of one specific recovery plan","No defined terms requiring interpretation","No conditional logic or exceptions","No cross-references beyond the empowering provision (subsection 269A(7))","Document is essentially a pro forma ministerial instrument with a single table entry","Total length: approximately 150 words of substantive content"],"plain_english_summary":"The federal Environment Minister has adopted Victoria’s recovery plan for the Mountain Pygmy‑Possum, making that state plan legally binding under Commonwealth environmental law. \n\nThat means the plan now guides federal and state decision‑making and affects anyone whose activities could impact the possum or its habitat (developers, land managers and agencies), creating a coordinated legal framework to protect and aid recovery of this alpine threatened species."}},"importantCases":[],"_links":{"self":"/api/acts/f2016l00658","history":"/api/acts/f2016l00658/history","analysis":"/api/acts/f2016l00658/analysis","conflicts":"/api/acts/f2016l00658/conflicts","importantCases":"/api/acts/f2016l00658/important-cases","documents":"/api/acts/f2016l00658/documents"}}