{"id":"F2021L00252","name":"Instrument making a recovery plan with a State or Territory","slug":"instrument-making-a-recovery-plan-with-a-state-or-territory","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101373,"registerId":"commonwealth-F2021L00252-current","compilationNumber":null,"startDate":"2026-04-02","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(3)\n\nInstrument making a recovery plan with a State or Territory  \n\nI, SUSSAN LEY, Minister for the Environment, under subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), hereby jointly make a recovery plan with the South Australia Minister for Environment and Water, the Hon David Speirs MP for the listed threatened species specified below, entitled “National Recovery Plan for the Grey-headed Flying-fox (Pteropus poliocephalus)”.\n\n| Listed Threatened Species |\n| ------------------------- |\n| Pteropus poliocephalus    |\n\nThe recovery plan will come into force on the day after the plan is registered on the Federal Register of Legislation.\n\nDated this 15th day of March 2021\n\nSussan Ley\n\nMinister for the Environment (Commonwealth)\n\nDated this 3rd day of March 2021\n\nDavid Speirs\n\nMinister for Environment and Water (South Australia)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument records the creation of a recovery plan for Pteropus poliocephalus under subsection 269A(3) and sets its commencement rule (comes into force the day after registration). It does not amend listings, change statutory definitions, or alter the scope of the Act in the text provided. No material change of scope from the statutory power is shown in this instrument; the instrument simply exercises that power to make the named recovery plan."},"complexity_factors":["Instrument is narrowly procedural: records making of a specific recovery plan under an identified statutory subsection (s 269A(3)).","Content omits the substantive recovery-plan provisions (plan text not included), so legal effect depends on a separate document.","Commencement is tied to an administrative event (registration on the Federal Register), creating a clear trigger but requiring cross-reference to that registration.","Joint Commonwealth–State signature creates a cross‑jurisdictional instrument, requiring attention to intergovernmental roles but not adding textual complexity within this instrument.","Does not specify funding, enforcement, obligations or timelines, reducing internal complexity but increasing dependence on external documents for practical effects."],"plain_english_summary":"What this instrument does, in plain language\n\n- Mechanically, the Commonwealth Minister for the Environment and the South Australian Minister for Environment and Water have jointly made a recovery plan for the listed threatened species Pteropus poliocephalus (the Grey‑headed Flying‑fox). The instrument is made under subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (s 269A(3)).\n\n- The recovery plan has the title “National Recovery Plan for the Grey‑headed Flying‑fox (Pteropus poliocephalus)” and will come into force the day after the plan is registered on the Federal Register of Legislation (instrument text).\n\nWho decides and how the legal step is taken\n\n- The decision-makers named in the instrument are the Commonwealth Minister for the Environment and the South Australian Minister for Environment and Water; they exercised the power to make a recovery plan under s 269A(3). Their signatures (dated March 2021) record the joint making of the plan (instrument text).\n\nWho pays, who acts, and what changes for regulated parties\n\n- The instrument itself records the making of the recovery plan only. It does not specify funding arrangements, parties responsible for implementing actions, enforcement mechanisms, or any obligations placed on private landowners, businesses or other levels of government (instrument text contains only the making, title, species and commencement rule).\n\nWhat the instrument claims and what is not specified\n\n- The instrument establishes that a recovery plan exists for the listed species and prescribes its commencement rule (registration triggers coming into force). It does not reproduce the plan’s contents, so it does not state what recovery actions will be required, who will carry them out, who will pay for them, or what compliance consequences will follow.\n\nPractical implications and points to check when reading the actual recovery plan\n\n- Implementation and impacts: Any practical effects (costs, obligations or permits) will depend entirely on the content of the recovery plan itself; those contents are not contained or summarised in this instrument. The instrument therefore creates a legal vehicle (a plan) whose downstream effects are contingent on the plan’s provisions and any subsequent administrative or funding decisions.\n\n- Administrative trigger: The plan becomes operative the day after registration on the Federal Register of Legislation, so the timing of any legal effect depends on that registration event (instrument text).\n\n- Discretion and accountability: The instrument records Ministers exercising statutory power to make a joint plan under s 269A(3). It does not describe review, amendment or expiry procedures; those would be found in the Act or the recovery plan itself.\n\nSource citations: this instrument (making under subsection 269A(3); species listed; plan title; commencement rule; ministerial signatures and dates)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 269A(3) of the EPBC Act — making a recovery plan jointly with a State/Territory Minister. There is no scope creep; it is a routine administrative instrument executing a specific statutory power."},"complexity_factors":["Very short document (approximately 200 words)","No defined terms section — relies on definitions in the parent Act (EPBC Act 1999)","Single operative provision with straightforward conditional logic (subsection 269A(3))","No nested exceptions or cross-references within the instrument itself","Simple tabular format for listing the species","Standard ministerial signature block with no unusual procedural requirements"],"plain_english_summary":"This is a formal legal instrument (essentially an official government decision) where the federal Environment Minister and the South Australian Environment Minister have agreed to jointly create a **recovery plan** for the **Grey-headed Flying-fox** — a large bat species native to eastern Australia that is listed as threatened.\n\n**What is a recovery plan?**\nIt's a legally-binding document that sets out what needs to be done to stop a threatened species from going extinct and help its population recover. It typically includes actions like protecting habitat, managing threats (such as heat stress or land clearing), and monitoring populations.\n\n**Who does this affect?**\n- **Government agencies** — both Commonwealth and South Australian bodies must follow the plan when making decisions that could affect this bat species\n- **Land managers and developers** — anyone whose activities might impact flying-fox habitats may need to comply with actions set out in the plan\n- **The public** — indirectly, as the plan guides conservation efforts for this ecologically important species (they pollinate forests and disperse seeds)\n\n**Why does it matter?**\nThe Grey-headed Flying-fox has suffered significant population declines due to habitat loss, climate change (extreme heat events), and human disturbance. This joint plan ensures coordinated action between federal and state governments rather than piecemeal efforts. Once registered, the plan becomes legally enforceable, meaning government decisions must be consistent with its objectives."}},"importantCases":[],"_links":{"self":"/api/acts/instrument-making-a-recovery-plan-with-a-state-or-territory","history":"/api/acts/instrument-making-a-recovery-plan-with-a-state-or-territory/history","analysis":"/api/acts/instrument-making-a-recovery-plan-with-a-state-or-territory/analysis","conflicts":"/api/acts/instrument-making-a-recovery-plan-with-a-state-or-territory/conflicts","importantCases":"/api/acts/instrument-making-a-recovery-plan-with-a-state-or-territory/important-cases","documents":"/api/acts/instrument-making-a-recovery-plan-with-a-state-or-territory/documents"}}