{"id":"F2013L00289","name":"Instrument revoking and making recovery plan (5 February 2013)","slug":"instrument-revoking-and-making-recovery-plan-5-february-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":127220,"registerId":"commonwealth-F2013L00289-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Instrument revoking and making recovery plan (5 February 2013)","content":"![](image.001.png)\n\nCommonwealth of Australia\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\nSection 269A\n\nInstrument revoking and making recovery plan\n\nI, TONY BURKE, Minister for Sustainability, Environment, Water, Population and Communities, pursuant to:\n\n    (a) section 33(3) of the Acts Interpretation Act 1901 (Cth), revoke the recovery plan for Eubalaena australis – Southern Right Whale (endangered) entitled “Southern Right Whale Recovery Plan 2005-2010”; and\n    (b) section 269A(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), make a recovery plan for Eubalaena australis – Southern Right Whale (endangered) entitled “Conservation Management Plan for the Southern Right Whale”.\n\nThe revocation of the recovery plan specified in paragraph (a) will take effect the day after the plan specified in paragraph (b) is registered on the Federal Register of Legislative Instruments.\n\nThe recovery plan specified in paragraph (b) will come into force on the day after the plan is registered on the Federal Register of Legislative Instruments.\n\nDated this 5 day of February 2013\n\nTony Burke\n\nMinister for Sustainability, Environment, Water, Population and Communities","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument replaces the existing recovery plan (Southern Right Whale Recovery Plan 2005–2010) with a new Conservation Management Plan for the Southern Right Whale, thereby changing the operative statutory recovery plan for Eubalaena australis. The change in scope is immediate upon registration (see timing clauses) and shifts which plan governs EPBC-related management and obligations for the species."},"complexity_factors":["Single-purpose instrument: revoke one named recovery plan and make one replacement plan.","Relies on cross-references to two statutory authorities (s33(3) Acts Interpretation Act; s269A(2) EPBC Act).","Commencement and revocation timing tied to registration on the Federal Register of Legislative Instruments.","Impacts regulatory obligations under the EPBC Act for a listed species without setting out substantive management measures in the instrument itself.","Concentrates decision and timing in Ministerial act, creating a clear administrative trigger but limited textual detail on implementation."],"plain_english_summary":"This instrument cancels the Southern Right Whale Recovery Plan 2005–2010 and, using the Minister’s powers under the Acts cited, puts a new “Conservation Management Plan for the Southern Right Whale” in its place (s33(3) Acts Interpretation Act; s269A(2) EPBC Act). The revocation and the new plan each take effect the day after the new plan is registered on the Federal Register of Legislative Instruments, changing which statutory recovery plan applies to Eubalaena australis and therefore which EPBC obligations and management arrangements are operative."},"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: replacing an expired recovery plan with a new one for the same species. The scope remains tightly focused on administrative renewal of species protection."},"complexity_factors":["Very short document (under 200 words)","No defined terms section","Simple two-step structure (revoke old, make new)","Only two legislative references (Acts Interpretation Act 1901 and EPBC Act 1999)","No conditional logic, exceptions, or nested provisions","Straightforward effective date mechanism"],"plain_english_summary":"This is a short legal instrument made by the federal Environment Minister in 2013. It does two things:\n\n**1. Revokes (cancels) the old plan**\n- The previous \"Southern Right Whale Recovery Plan 2005-2010\" is cancelled.\n\n**2. Makes a new plan**\n- A new plan called the \"Conservation Management Plan for the Southern Right Whale\" is created to protect this endangered species.\n\n**Why this matters:**\nRecovery plans are legally binding documents that set out how Australia will protect and recover threatened species. The Southern Right Whale was hunted to near extinction and remains endangered. This instrument swaps an expired 2005-2010 plan for a new conservation strategy, ensuring ongoing legal protection for the species.\n\n**Timing:**\n- The old plan is cancelled the day after the new one is officially registered.\n- The new plan starts the day after registration.\n\nThis ensures there's no gap in legal protection for the whales."}},"importantCases":[],"_links":{"self":"/api/acts/instrument-revoking-and-making-recovery-plan-5-february-2013","history":"/api/acts/instrument-revoking-and-making-recovery-plan-5-february-2013/history","analysis":"/api/acts/instrument-revoking-and-making-recovery-plan-5-february-2013/analysis","conflicts":"/api/acts/instrument-revoking-and-making-recovery-plan-5-february-2013/conflicts","importantCases":"/api/acts/instrument-revoking-and-making-recovery-plan-5-february-2013/important-cases","documents":"/api/acts/instrument-revoking-and-making-recovery-plan-5-february-2013/documents"}}