Environment Protection and Biodiversity Conservation (National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus)) Instrument 2024 | Zoe
Environment Protection and Biodiversity Conservation (National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus)) Instrument 2024
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This instrument adopts a National Recovery Plan for the Forty‑spotted Pardalote (Pardalotus quadragintus), made jointly with Tasmania under the EPBC Act. It sets a ten‑year vision, measurable objectives and six strategies (threat mitigation, translocation, habitat protection, research/monitoring, stakeholder engagement and coordination), assigns lead and partner agencies, and provides indicative budgets and performance criteria. It affects Commonwealth and state agencies, local governments, private landholders, Traditional Owners, NGOs and proponents whose land use or approvals intersect mapped white gum habitat.
This instrument, made by the Commonwealth Minister for the Environment and Water under subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), adopts and publishes the National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus) 2024, jointly with Tasmania (Instrument clauses 1-4; see Authority). The instrument commences the day after registration (Commencement). It supersedes the prior recovery plan adopted in 2006 (see Introduction, section 2), and sets out a ten-year program of objectives, strategic priorities, specific actions, responsible agencies and indicative costs to support recovery of the species (see Summary sections 1.2-1.3; Actions, Pt 6).
Mechanically, the Recovery Plan:
Records and formalises the species’ national conservation status as Endangered under the EPBC Act and aligns it with Tasmania’s Threatened Species Protection Act 1995 listing (2.1 Conservation status; Table 1).
Sets a long-term vision and four ten-year objectives (1.2.1-1.2.2) including reduction of threat severity, increase in viable subpopulations, maintenance/improvement of habitat extent and connectivity, and measurable population increase.
Specifies six strategies and a suite of actions (Strategies 1-6 in Pt 6) addressing threat mitigation, translocation and supplementation, habitat protection and restoration, research and monitoring, stakeholder participation, and governance/coordination.
Identifies performance criteria and priorities (Priority 1-3) for actions and assigns responsible agencies or potential partners for each listed action (Pt 6 Actions tables).
Publishes indicative costs and a five‑year resourcing table (Table 4), which sums to an estimated A$12,810,000 for the first five years (Table 4; see Strategy cost summaries).
Current sections
Direct links to the current provisions in Environment Protection and Biodiversity Conservation (National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus)) Instrument 2024.
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1 Environment Protection and Biodiversity Conservation (National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus)) Instrument 2024
Environment Protection and Biodiversity Conservation (National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus)) Instrument 2024
I, Tanya Plibersek, the Minister for the Environment and Water, make the National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus) in the following instrument, jointly with Tasmania.
Dated 27/8/24
Tanya Plibersek
Minister for the Environment and Water
Name
This instrument is the Environment Protection and Biodiversity Conservation (National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus)) Instrument 2024.
Commencement
This instrument commences on the day after it is registered.
Authority
This instrument is made under subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Jointly made recovery plan
The National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus) in this instrument is jointly made with Tasmania, as agreed by the Minister for Parks and Environment (Tasmania).
Environment Protection and Biodiversity Conservation (National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus)) Instrument 2024
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Cataloguing data
This publication (and any material sourced from it) should be attributed as: DCCEEW 2024, National Recovery Plan for the Forty-spotted Pardalote (Pardalotus quadragintus), Department of Climate Change, Energy, the Environment and Water, Canberra. CC BY 4.0.
Notes that no Critical Habitat as defined under section 207A of the EPBC Act has been identified or entered on the Register of Critical Habitat (2.9 Habitat critical to the survival).
Establishes the Recovery Team role and governance expectations, including five-year reviews and annual reporting (1.4 Recovery team; Strategy 6 actions 6.1-6.4).
Official rationales are explicitly stated in the Plan: the species is a habitat specialist confined to white gum (Eucalyptus viminalis) forests in Tasmania, has undergone historic and recent declines driven by habitat loss, wildfire risk, ectoparasitic fly nestling mortality, competition and other stressors, and requires coordinated, landscape-scale actions to halt and reverse decline (see 2.4, 3.1-3.2, 5.1-5.3). The Plan’s stated success criteria are time-limited (ten years) and outcome-oriented (1.3 Criteria for success).
This instrument does not itself enumerate statutory sanctions or new regulatory prohibitions. The document repeatedly presents actions as to be implemented by Commonwealth, state and local agencies, Traditional Owners, NGOs, private landholders and volunteers, and it frames resourcing as subject to budgetary constraints and incorporation into core business (Pt 6 introduction; 7 Duration and cost; Social and economic considerations). The Plan also functions as a source of information for environmental impact assessments and EPBC Act referral decisions, for example by defining habitat critical to the species and setting out key considerations for impact assessments (2.9 Habitat critical to the survival; 2.9.1 Key considerations in environmental impact assessments).
Main concepts
The Recovery Plan pivots on a set of interlocking technical and programmatic concepts drawn from the species’ biology and management realities.
Habitat specificity and “habitat critical to the survival”: The Plan identifies all white gum forest within the species’ range, hollows suitable for nesting and potential reintroduction sites as habitat critical to survival (2.9). It explicitly includes single trees and small remnants as biologically important for foraging and breeding (2.9 Foraging and Breeding habitat bullets; 2.8 Relevant biology and ecology).
Threat-based prioritisation and temporal framing: Threats are assessed using a qualitative residual risk matrix over a 10-year timeframe (3.3 Threat prioritisation; Table 3). The Plan prioritises threats that present “Very High” or “High” residual risk in at least part of the species’ range and targets mitigation accordingly. Fire regimes, parasitism by Passeromyia longicornis, habitat loss/modification, and declining white gum health feature prominently (3.2 and 3.2.1-3.2.5).
Outcome metrics and decision sequencing: The Plan sets measurable ten-year objectives (1.2.2), explicit criteria for success (1.3), and a governance cadence of annual reporting and a five-year formal review (Strategy 6 actions 6.3-6.4). For interventions with asymmetric risks (notably translocation), it mandates preparatory steps such as Population Viability Analysis (PVA) and translocation risk assessment before trials proceed (Strategy 2 actions 2.1-2.3).
Toolbox of interventions: The Plan deploys a mix of interventions: landscape protection (reserve expansion, covenants), active habitat restoration (planting white gum, fencing), fire management (prescriptions for cool burning, targeted fuel reduction), species-level interventions (nest boxes, “self-fumigation” feather dispensers), predator control where necessary, genetic analyses, PVA-informed translocation and captive breeding feasibility studies (Pt 6 Actions tables, Strategy 1-4).
Distributed governance and partnerships: Responsibility is multi-jurisdictional and multi-actor. The Plan lists Australian Government, Tasmanian state agencies (DNRET, Parks and Wildlife), local government, NRM bodies, Traditional Owners, NGOs (BirdLife, Tasmanian Land Conservancy), universities and private landholders as responsible agencies or partners for specific actions (Actions tables across Strategies 1-6).
Resource signalling and prioritisation: The Plan is explicit about indicative costs and priorities, assigning dollar estimates to actions and aggregating them into a five-year cost schedule (Table 4). It also states that implementation is contingent on available funding and should be integrated into agency “core business” where possible (Pt 6 introduction; 7 Duration and cost).
Adaptive monitoring and knowledge gaps: The Plan places weight on standardised long-term monitoring, acoustic methods, regular population surveys and targeted research to fill gaps (Strategy 4 actions 4.1-4.3). It recognises spatial data gaps (e.g. Flinders Island data deficient) and that management must be informed by on-site surveys by experienced ornithologists (2.4, 2.9.1, Strategy 4).
Integration with assessment processes: The Plan is positioned to inform environmental impact assessments and EPBC Act referral decisions through its mapping of habitat critical to survival and guidance on surveys and mitigation (2.9.1 Key considerations in environmental impact assessments).
Who it affects
The Plan identifies and describes the interests likely to be affected and the roles expected of them.
Government agencies: Commonwealth (Department of Climate Change, Energy, the Environment and Water), Tasmanian state agencies (Department of Natural Resources and Environment Tasmania, Parks and Wildlife Service, Forest Practices Authority), fire authorities (Tasmania Fire Service), and local government councils are repeatedly named as responsible or potential partners for mapping, fire planning, habitat protection, enforcement of planning decisions, covenants and funding (Actions tables Strategy 1, 3 and Strategy 6).
Private landholders and land managers: The Plan explicitly targets private landholders for extension and covenanting programs, and lists private lands (including single trees and small remnants) as habitat critical to survival (2.9 Habitat critical to the survival; Strategy 3 actions 3.4; Strategy 5 actions 5.1). It notes private landowners may be eligible for funding and stewardship programs, while also flagging potential increased costs where approval is required to clear or modify habitat (Social and economic considerations; Affected interests).
Traditional Owners: The Plan names Palawa/Pakana First Nations Peoples as the Traditional Owners for the species’ range and requires engagement and inclusion of Traditional Owners in management and governance (2.7 Cultural and community significance; Strategy 1 action 1.3; Strategy 5 action 5.4). It contemplates cultural burning and First Nations leadership roles in on-Country recovery actions.
Community groups, volunteers and citizen science: BirdLife Tasmania, Bruny Island Environmental Network and volunteer networks are identified as active participants in surveys, nest box programs and awareness activities and as contributors to monitoring data (Acknowledgements; Strategy 5 actions 5.2-5.3; Appendix A Achievements). The Plan assumes continued reliance on volunteers for monitoring and public awareness.
Research and academic institutions: Universities and research bodies are named as responsible for PVAs, genetic analyses, modelling, ectoparasite ecology, nest box design and ecology research (Strategy 2 and 4 actions; references to Alves et al. 2020, 2023). The Plan anticipates research outputs will feed directly into management and translocation decisions.
Commercial and recreational operators: Tourism operators, property developers, forestry interests, agriculture and mining are identified among affected interest groups (Affected interests; Table 5). The Plan warns that development may face modified approvals and mitigation requirements where habitat is implicated (Social and economic considerations; 2.9.1 Key considerations in environmental impact assessments).
Regulators and decision-makers: The Plan is intended to inform EPBC Act referrals and assessments and state planning and forest practices processes; it implicitly affects regulators’ assessments by providing updated mapping, priority actions and management prescriptions (2.9.1; Affected interests; Table 5).
Concentrated and diffuse exposure: The Plan’s costs and activity focus are concentrated geographically on Bruny Island, Maria Island and Flinders Island subpopulations, and on certain stakeholder groups such as private landholders near colonies and the Tasmanian agencies tasked with on-ground actions (Populations under particular pressure; Strategy 3). Costs and administrative burdens are diffuse across potential developers, councils, and land managers whose proposals may interact with mapped habitat.
Key duties and rights
The instrument codifies a set of responsibilities, allocations and procedural expectations rather than creating novel private rights or statutory prohibitions in the text of the Plan itself.
Ministerial and Recovery Team duties: The Minister (via the instrument) establishes the Recovery Plan and the Recovery Team (1.4 Recovery team; Strategy 6 actions). The Recovery Team is assigned coordination, review and reporting duties, including annual reporting and five-year reviews (Strategy 6 actions 6.1-6.4). The Plan expects the Recovery Team to liaise with other threatened species recovery teams and to maintain terms of reference (6.2), but does not list enforcement powers.
Agency obligations and intended adoption: The Plan sets out explicit responsible agencies for each action item in the Actions tables (Pt 6). Those agencies are expected to adopt management strategies, incorporate mapping into decision-making and embed fire prescriptions into agency procedures (Strategy 1 actions 1.1-1.3). The language frames these as implementation responsibilities rather than statutory commands; the document also states actions are subject to budgetary constraints and should be incorporated into core business (Pt 6 introduction; 7 Duration and cost).
Landholder implications: The Plan anticipates private landholders will be engaged through extension activities and covenanting programs, and may be eligible for grants or stewardship payments for habitat protection (Strategy 3 action 3.4; Social and economic considerations). It also flags that landholders or proponents seeking to remove or modify habitat may face increased assessment and mitigation costs and that development activities should be prevented, mitigated or offset where they threaten white gum trees (Strategy 1 action 1.5; Social and economic considerations).
Rights to information and participation: The Plan establishes a strong role for consultation and public involvement , it documents a public comment period for the draft plan and lists stakeholders who participated in review (11 Consultation; Affected interests). It calls for data and spatial mapping to be made available to "all relevant management agencies and decision makers" (Strategy 1 action 1.1 Performance Criteria).
No new statutory enforcement powers or penalties included: The instrument and Plan do not set out penalties or novel enforcement mechanisms. Instead, they direct that habitat mapping and guidelines inform existing statutory assessment and planning processes (2.9.1; Social and economic considerations). The Plan notes that if habitat removal cannot be avoided, any offset must be consistent with state and Commonwealth policies (2.9.1).
Procedural sequencing and preconditions for interventions: For higher-risk interventions, the Plan requires preparatory work before operational steps are taken. For example, a PVA and translocation risk assessment are mandatory preconditions before any wild-to-wild translocation trial (Strategy 2 actions 2.1-2.3). Genetic analyses and habitat suitability assessment requirements are specified before founder harvesting or release (Strategy 2 action performance criteria).
In summary, the Plan assigns duties to agencies and stakeholders and signals consequences (mitigation expectations, potential increased assessment costs for developments), but the instrument itself frames these as management obligations and guidance to be implemented through policy, agency practice and funding decisions rather than creating new private statutory rights or penalties within the recovery plan text.
Penalties and enforcement
The Recovery Plan instrument contains no express new civil or criminal penalties, infringement regimes or enforcement powers. Its text and the Plan focus on management actions, mapping, guidance for assessments and recommended procedural responsibilities for agencies and partners (Pt 6 Actions; Strategy 6), rather than on direct sanctioning mechanisms.
What the Plan does contain that is relevant to enforcement and decision-making:
Information to support assessment: The Plan defines habitat critical to survival and sets out considerations for environmental impact assessments, including the need for on-site surveys and regard for both recent and historical records (2.9 Habitat critical to the survival; 2.9.1 Key considerations in environmental impact assessments). These data and mapping products are explicitly intended to inform planners and regulators.
Policy alignment and offsets: The Plan requires that where removal, fragmentation or degradation cannot be avoided, any offset must be consistent with state and Commonwealth policies (2.9.1). That ties proposed developments to existing offset frameworks rather than creating a separate regulatory sanction within the Plan.
Agency procedures: The Plan asks that fire protection prescriptions and prioritisation for habitat be embedded into fire authority procedures and park management (Strategy 1 action 1.3 Performance Criteria). Embedding guidance into agency operational protocols will change on-the-ground practice but remains a procedural mechanism rather than a statutory penalty.
Reporting and review obligations: The Recovery Team’s annual reporting and five-year review duties (Strategy 6 actions 6.3-6.4) create accountability channels within government structures and a public record that may be relied upon by decision-makers and, indirectly, by interested third parties in administrative or judicial review contexts.
How enforcement currently operates outside the Plan (as reflected in the document): Existing statutory processes under the EPBC Act and Tasmanian state law remain the enforcement loci for actions that may have significant impacts on the species. The Plan is expressly designed to inform those processes: it references the EPBC Act listing, Significant Impact Guidelines 1.1, and notes that mapped habitat should be made available to decision-makers and used by planners (2.1; 2.9.1). The Plan also records that development activities that threaten white gums should be prevented or mitigated (Strategy 1 action 1.5), indicating an operational expectation to use existing regulatory levers.
Practical enforcement considerations and risks apparent from the document:
No immediate statutory protection via Register of Critical Habitat: the Plan states that "No Critical Habitat as defined under section 207A of the EPBC Act has been identified or included in the Register of Critical Habitat" (2.9). That absence means the specific statutory protections that would flow from critical habitat registration are not in effect through this instrument.
Dependence on agency resourcing and policy adoption: implementation and embedding of management prescriptions into agency procedures are contingent on budgetary allocation and political will. The Plan repeatedly notes implementation is "subject to budgetary and other constraints" (Pt 6 introduction; 7 Duration and cost). Where agencies do not adopt the Plan’s prescriptions, enforcement outcomes will be mediated through existing statutory pathways only.
Indirect enforcement via planning and approvals: developers and proponents that interact with mapped habitat may face stricter scrutiny, mitigation requirements, or offsetting obligations in state and Commonwealth assessments. The Plan signals that regulators should use the Plan’s mapping and performance criteria, which can affect approval outcomes even though the Plan does not itself set penalties.
In short, the instrument creates a management and policy framework intended to inform and shape enforcement under existing laws rather than prescribing new penalties or enforcement mechanisms within the Plan itself.
How it interacts with other laws
The Recovery Plan is integrated into, and intended to inform, the existing legal and administrative framework for environmental regulation rather than replace statutory instruments.
Statutory origin and relationship to EPBC Act: The instrument is made under subsection 269A(3) of the EPBC Act (Authority clause). The species remains listed as Endangered under the EPBC Act (2.1 Conservation status). The Plan is therefore a statutory instrument under the Act in the sense it is made by the Minister under that enabling provision; however the document itself frames actions as management measures to be implemented in partnership with state and local agencies (Pt 6).
Interaction with EPBC Act assessment processes: The Plan explicitly instructs that habitat mapping and survey data should be used to inform environmental impact assessments and EPBC Act referrals (2.9.1 Key considerations in environmental impact assessments). The Plan refers to the Significant Impact Guidelines 1.1 , Matters of National Environmental Significance , as a reference for assessing impacts on habitat critical to survival. It also notes that, where habitat loss cannot be avoided, offsets must be consistent with state and Commonwealth policies (2.9.1). Those directions embed the Plan into the evidence base and decision-making matrix used under the EPBC Act.
Register of Critical Habitat and related provisions: The Plan states that no Critical Habitat under section 207A of the EPBC Act has been identified or included in the Register of Critical Habitat (2.9). The absence of a critical habitat listing means that protections associated with that register are not currently invoked via this instrument.
Tasmanian state law and planning: The species is listed as Endangered under the Tasmanian Threatened Species Protection Act 1995 (2.1). The Plan is explicitly joint with Tasmania and expects state agencies to adopt and implement management strategies (Action tables). It also refers to incorporation of prescriptions into Forest Practices and Local Government planning processes (Appendix A Achievements; Strategy 3). The Plan therefore anticipates interplay with state planning schemes, wildlife protection regimes and forest practices instruments.
Fire management law and emergency responses: The Plan expects spatial habitat data and protection prescriptions to be incorporated into Tasmania Fire Service and Parks and Wildlife Service procedures (Strategy 1 action 1.3). That requires operational interaction with statutory fire management instruments and emergency response arrangements.
Covenants and private land mechanisms: The Plan anticipates the use of perpetual covenants and statutory agreements to protect private land habitat (Strategy 3 action 3.4). These are instruments under state property and conservation law; the Plan expects landholders and state agencies to deploy them as mechanisms for durable protection.
Other regulatory processes and sectors: The Plan lists local governments, infrastructure agencies, forestry operators and mining and agriculture sectors among affected interest groups (Affected interests; Table 5). It recommends that local planning schemes and major infrastructure assessments incorporate the Plan’s findings (Strategy 5 action 5.2; Social and economic considerations).
Research and species translocation protocols: Translocation, captive breeding and genetic management actions are to follow scientific and procedural preconditions, including PVAs and genetic analyses (Strategy 2). Those interventions will be subject to animal welfare, biosafety and quarantine standards, and to the assessment frameworks used by the agencies named as responsible (Strategy 2 action performance criteria).
Administrative and policy rather than criminal law effect: The Plan works through administrative channels (mapping, guidance, funding priorities, covenants, embedding into agency procedures) and through reputational and funding mechanisms rather than by creating new criminal offences. It is therefore an adjunct to, and source of technical direction for, the operation of the EPBC Act and Tasmanian laws rather than a standalone regulatory overlay.
Amendment history
The Recovery Plan documents its own place in a lineage of recovery planning for the forty-spotted pardalote and records prior plans and achievements. The instrument itself is the National Recovery Plan 2024 and is stated to supersede the Recovery Plan adopted under the EPBC Act in November 2006 (Introduction, Pt 2). Earlier, a Recovery Plan was prepared under the Commonwealth Endangered Species Program in 1991 (Introduction).
The Plan records key achievements and actions from earlier plans in Appendix A (Achievements of the 1991-1997 Recovery Plan; Achievements of the 2006-2010 Recovery Plan; Achievements since 2010). These achievements include reserve acquisitions, covenanting, nest box trials and resurvey work, demonstrating iterative updates to the recovery approach over decades (Appendix A).
Formal review and amendment process set out in the Plan: The Plan requires a five‑year review to determine performance and whether the Plan should continue unchanged, be varied, or be replaced by conservation advice or dropped from the threatened list (Strategy 6 action 6.4; Pt 12 Organisations and persons involved in evaluating performance). The review will reassess listing status under the EPBC Act listing criteria as part of the five-year review process. Annual reporting by the Recovery Team is also mandated (6.3), which provides the basis for ongoing adaptive amendment.
Constraints on amendment and implementation: The Plan repeatedly states implementation is subject to budgetary and other resource constraints affecting partners, and that actions should where possible be incorporated into the core business expenditure of affected organisations (Pt 6 introduction; 7 Duration and cost). That framing signals that formal amendment and the pace of implementation will be influenced by resourcing decisions rather than being automatic upon identification of new priorities.
No Critical Habitat registered: The Plan states explicitly that no Critical Habitat under s207A has been identified or included in the Register of Critical Habitat (2.9). That means any future amendments that would seek to nominate critical habitat for registration would follow the EPBC Act processes for listing and registration, not simply administrative amendment of this Plan.
Record of consultation and stakeholder inputs: The Plan documents the consultation history for this iteration: draft plan public comment period 16 September-23 December 2022 and engagement with the national Recovery Team and a broad range of stakeholders during drafting (11 Consultation). The Plan therefore establishes the evidentiary trail for future amendments and demonstrates an expectation of stakeholder engagement in any review.
Triggers for change: The Plan makes clear certain evidentiary or management triggers that would prompt change , for example, if new survey data show occupancy changes (Strategy 4), if a PVA and translocation risk assessment recommend or contraindicate translocation (Strategy 2), or if climate modelling suggests new habitat niches for translocations (2.8 Relevant biology and ecology; Strategy 1 action 1.6). These are procedural triggers that will inform the content of amendments at reviews.
In summary, the instrument documents iterative amendment history and prescribes review timelines and responsible stakeholders. Operational amendment is tied to the administrative review process and to agency funding and priorities; there is no automatic statutory amendment mechanism outside the review schedule delineated in the Plan.
Litigation history
The Recovery Plan document does not record any litigation or pending legal proceedings relating to its adoption, content, or implementation. The text contains no references to judicial decisions, tribunal rulings, or ongoing court actions concerning the forty‑spotted pardalote or the Plan itself (the document’s references and appendices list scientific literature and prior recovery activities but no case law).
Practical legal pathways and potential for administrative review: Although the Plan itself does not create penalties or new offences, it is designed to inform regulatory decision-making under the EPBC Act and Tasmanian legislation (2.9.1; Affected interests). That means decisions by Commonwealth or state agencies that rely upon the Plan (for example, to refuse or condition a development approval) could be susceptible to administrative review or judicial challenge under existing administrative law frameworks, but the Plan does not prescribe or predict any such litigation. The document also highlights how mapping and habitat identification will be used to inform referrals and approvals, which may change the legal exposure of proponents in some cases (2.9.1; Social and economic considerations).
Evidence base that could be used in litigation or review: The Plan consolidates survey data, threat assessments and performance criteria, and requires that spatial data and accurate vegetation mapping "have been developed, stored and made available to all relevant management agencies and decision makers" (Strategy 1 action 1.1). That centralised evidence could be cited in administrative review or merit review processes if stakeholders dispute a development decision or adequacy of impact assessment. The Plan also references Significant Impact Guidelines 1.1 as the standard for assessing impacts (2.9.1), which are already used in EPBC Act decision-making and have a jurisprudential history in administrative review.
Potential litigation-relevant uncertainties highlighted in the Plan: The document warns of key data gaps (for example low confidence in Flinders Island data and infrequent survey frequency; 2.4 Species distribution; 2.6 Population trends), and explicitly states implementation depends on funding. Both factors create uncertainty that may be relevant in legal challenges about the sufficiency of data supporting regulatory decisions grounded in the Plan.
No documented court cases: Because the Plan does not report any litigation and does not list case law, a researcher or practitioner should treat the Plan as a policy instrument and information source rather than as a document reflecting any settled litigation history. Any legal disputes that arise in future will draw upon the Plan as a policy document among other evidence, but the Plan itself contains no litigation record.
Gotchas
Practitioners should watch for the following non-obvious or high-risk practical consequences and constraints that are explicit in the Plan.
Non-binding character and funding contingency: The Plan repeatedly states that actions are contingent on available funding and should be incorporated into the core business of agencies (Pt 6 introduction; 7 Duration and cost). The five-year cost schedule (Table 4) aggregates to A$12.81m but the Plan cautions implementation is subject to budgetary and other constraints. Expect sequence delays and partial implementations where funding is limited.
No registered Critical Habitat: The Plan confirms no Critical Habitat as defined under s207A of the EPBC Act has been listed (2.9). That means statutory protections tied to critical habitat registration are not present by default, and reliance on mapping and administrative uptake is required to translate the Plan’s priorities into enforceable outcomes.
Mapping vs statutory effect: The Plan emphasises development and dissemination of spatial data and habitat mapping for decision-makers (Strategy 1 action 1.1). However, mapping in the Plan alone does not create statutory prohibitions , its effect depends on uptake by regulators, embedding into planning schemes, covenants on private land, and agency procedures. See 2.9.1 and Strategy 1 action 1.3.
Developers and landholders may face additional cost and delay: The Plan plainly anticipates that proponents seeking to remove or modify habitat face increased assessment processes and potential mitigation costs (Social and economic considerations; Strategy 1 action 1.5). This can translate into development risk even though the Plan itself does not impose new statutory conditions.
Data gaps and low-confidence areas: Key areas such as Flinders Island are noted as “low confidence” and require urgent surveys (2.4 Table 2; Strategy 4 action 4.2). Decisions made without targeted survey work risk being undermined by later data. The Plan requires on-site assessments by experienced ornithologists to refine area importance for the species (2.9.1).
Threat dynamics with catastrophic risk: The Plan’s risk matrix flags wildfire and parasitism as threats that could produce "Major" to "Catastrophic" consequences in some likelihood categories (3.3; Table 3). Single large fires on Maria, Bruny or Flinders Islands could cause local extinctions and render areas unsuitable for recolonisation for many years (3.2.1). Practitioners should not assume incremental mitigation will be sufficient where systemic landscape-scale threats persist.
Operational complexity and multi-jurisdictional coordination: The Plan assigns responsibilities across Commonwealth, state, local government, NRM bodies, Traditional Owners, NGOs and private landholders (Actions tables). Coordination failures, overlapping mandates or poor data-sharing would degrade implementation. The Plan depends on the Recovery Team to coordinate, but effectiveness depends on stakeholder capacity and resourcing (Strategy 6).
Reliance on volunteers and community groups: A significant portion of monitoring and public engagement relies on volunteers and NGOs (Strategy 5 actions 5.2-5.3; Appendix A). Volunteer programs can be irregular and inconsistent; the Plan itself notes survey infrequency historically (2.6), so practitioners should not over-rely on volunteer capacity for statutory compliance timelines.
Translocation trade-offs and genetic management caveats: The Plan requires PVAs and genetic analysis before any translocation; it also notes that current genetic work suggests genetic management is not presently needed but that habitat restoration should be prioritised (Strategy 2 actions; 3.2.6). Premature translocations risk source-population impacts, so adherence to the Plan’s sequencing preconditions is consequential.
Interacting threats and climate uncertainty: The Plan recognises synergistic threats , drought, heatwaves, increased ectoparasite prevalence with warming, tree disease (myrtle rust susceptibility), and altered fire regimes (3.2.3-3.2.5). Management that treats threats in isolation risks ineffective outcomes; modelling and adaptive planning are required and the Plan budgets for climate modelling (Strategy 1 action 1.6; Strategy 4 action 4.3).
Offsets and policy consistency: Where habitat loss cannot be avoided, the Plan requires offsets to be "consistent with state and Commonwealth policies" (2.9.1). That leaves room for differing interpretations and possible dispute over adequacy of offsets in practice.
Potential for increased tourism pressures: The Plan notes growing ecotourism demand where pardalotes are reliably seen and flags risks from recreational disturbance and call-playback (3.2.10). Conservation-led tourism can provide local economic benefit but also increase disturbance risks if not constrained by visitor management.
These "gotchas" are drawn directly from the Plan’s statements and tables. Each represents an implementation or legal risk area that affects how the Plan’s recommendations translate into on-the-ground outcomes.
How to comply
This section translates the Plan’s provisions into practical compliance steps for common actors: regulators, developers/proponents, landholders, and conservation practitioners. All references are to the Plan’s own prescriptions and performance criteria.
For regulators and decision-makers (Commonwealth, Tasmanian agencies, local government):
Use the Plan’s mapping and definitions: incorporate spatial data and the Plan’s habitat critical to survival definitions into referral and assessment processes (Strategy 1 action 1.1; 2.9.1).
Require up-to-date surveys: the Plan stresses the need for on-site surveys by experienced ornithologists and for consideration of both recent and historical records (2.9.1). Where the Plan flags low confidence (e.g. Flinders Island), mandate targeted surveys before decisions.
Apply Significant Impact Guidelines consistently: use the Plan alongside Significant Impact Guidelines 1.1 to determine whether proposed actions are likely to have a significant impact (2.9.1).
Embed fire protection prescriptions: ensure fire authorities and park management adopt the Plan’s fuel reduction and controlled burn prescriptions and include critical habitat mapping in operational systems (Strategy 1 action 1.3).
Condition approvals where necessary: where proposals could remove or degrade white gum habitat, require avoidance, mitigation, or offsets consistent with state and Commonwealth policy (2.9.1; Strategy 1 action 1.5). Use covenants and management agreements as durable conditions where appropriate (Strategy 3 action 3.4).
For developers and proponents:
Check the Plan’s mapping early: consult the Species Profile and Threats Database (SPRAT) entry, the Plan’s modelled distribution (2.4; Figure 1) and any habitat critical to survival mapping before design or land acquisition.
Commission appropriate surveys: if white gum forest or potential hollows are present, commission targeted, on-site occupancy and habitat assessments by experienced ornithologists as required by 2.9.1.
Budget for mitigation and potential offsets: the Plan warns that removal or modification of habitat may require mitigation, rehabilitation, or offsets; factor these into project budgets and timelines (Social and economic considerations; 2.9.1).
Avoid disturbance during breeding season: the Plan recommends planning burns and disruptive operations outside key breeding period (August-January) and avoiding use of call-playback or noisy activities in known sites (2.8.2 Breeding ecology; 3.2.10).
Engage early with agencies and Recovery Team: early consultation with the Commonwealth, Tasmanian agencies and the Recovery Team will reduce referral and approval risk (11 Consultation; Strategy 6).
For private landholders and land managers:
Consider covenanting and stewardship options: the Plan explicitly promotes perpetual covenants and incentive programs (Strategy 3 action 3.4; Social and economic considerations). Contact Tasmanian private land conservation programs and NRM bodies to explore options.
Participate in extension and monitoring: join private landowner networks and volunteer monitoring programs as the Plan identifies (Strategy 5 actions 5.1-5.3). Accurate local data assists both conservation and planning certainty.
Protect and manage individual trees: the Plan identifies single white gum trees as habitat critical; avoid removal and adopt fuel reduction practices to reduce wildfire risk around mature trees (2.9; Strategy 1 action 1.3).
Use approved nest box designs and parasite mitigation tools: where installing nest boxes or feather dispensers, follow the Plan’s guidance and evidence-based designs (Strategy 1 action 1.8; Alves et al. 2020 referenced).
For conservation practitioners and researchers:
Follow sequencing for interventions: before translocation or captive breeding, comply with the Plan’s preconditions , PVA, risk assessment, genetic analyses and site suitability work (Strategy 2 actions 2.1-2.3).
Standardise monitoring: implement the long-term monitoring strategy called for in Strategy 4 action 4.1, using standardised bird count protocols and (where possible) acoustic monitoring to ensure comparisons across time and space.
Prioritise knowledge gaps identified by the Plan: direct research funding toward ectoparasitic fly ecology, nest box design efficacy, white gum health drivers and climate resilience modelling (Strategy 4 action 4.3).
Share data to decision-makers: the Plan requires that spatial datasets and mapping be made available to management agencies (Strategy 1 action 1.1). Publish and contribute monitoring results to Natural Values Atlas and SPRAT as the Plan recommends (Strategy 5 action 5.3).
Cross-cutting actions for all actors:
Respect Traditional Owner engagement: the Plan directs respectfully assisting and engaging Traditional Owners in recovery, including incorporation of cultural burning knowledge and potential co-management roles (2.7; Strategy 5 action 5.4).
Budget and plan for long-term commitments: many activities require sustained funding (e.g., long-term monitoring, nest box maintenance, covenant management). The Plan places emphasis on securing funding for ten-year horizons (Strategy 6 action 6.6; Table 4).
Record nil observations: the Plan encourages submission of data including nil records to repositories (Strategy 5 action 5.3). Nil data are valuable for occupancy modelling and trend detection.
Compliance pitfalls to avoid:
Do not rely on the Plan alone to discharge statutory obligations; use it as technical evidence to inform EPBC referrals and state approvals (2.9.1).
Do not commence translocations or captive releases without completing the Plan’s required preparatory analyses (Strategy 2).
Avoid ad hoc tourism or recreational activities in mapped habitat without management plans; the Plan flags recreational disturbance and call-playback as concretes threats (3.2.10).
Following these steps aligns practical activity with the Plan’s performance criteria and reduces administrative risk when interfacing with Commonwealth and state assessment and funding processes.
This publication is available at Species Profile and Threats Database: Pardalotus quadragintus.
Department of Climate Change, Energy, the Environment and Water
GPO Box 3090 Canberra ACT 2601
Telephone 1800 900 090
Web dcceew.gov.au
Disclaimer
The Australian Government acting through the Department of Climate Change, Energy, the Environment and Water has exercised due care and skill in preparing and compiling the information and data in this publication. Notwithstanding, the Department of Climate Change, Energy, the Environment and Water, its employees and advisers disclaim all liability, including liability for negligence and for any loss, damage, injury, expense or cost incurred by any person as a result of accessing, using or relying on any of the information or data in this publication to the maximum extent permitted by law.
The Australian Government, in partnership with the Department of Natural Resources and Environment Tasmania, facilitates the publication of Recovery Plans relevant to Tasmania to detail the actions needed for the conservation of threatened native wildlife. This Recovery Plan has been developed with the involvement and cooperation of a range of stakeholders, but individual stakeholders have not necessarily committed to undertaking specific actions. The attainment of objectives and the provision of funds may be subject to budgetary and other constraints affecting the parties involved and may also be constrained by the need to address other conservation priorities. Approved recovery actions may be subject to modification due to changes in knowledge and changes in conservation status.
For information on the current listing status of this species under relevant state or territory legislation, see the Species Profile and Threats Database.
Acknowledgement of Country
Our department recognises the First Peoples of this nation and their ongoing connection to culture and country. We acknowledge Aboriginal and Torres Strait Islander Peoples as the Traditional Owners, Custodians and Lore Keepers of the world's oldest living culture and pay respects to their Elders past, and present
5.2 Recovery Plan Objective...........................................................22
5.3 Strategies to achieve objectives.....................................................22
6. Actions to achieve the specific objectives..............................................23
Strategy 1: Implement management strategies to reduce known threats to the forty-spotted pardalote and its habitat......23
Strategy 2: Increase the number and viability of forty-spotted pardalote subpopulations through translocation and supplementation techniques......28
Strategy 3: Improve protection and increase the quality, extent and connectivity of known and potential habitat for the forty-spotted pardalote......29
Strategy 4: Improve knowledge of the biology and ecology of the forty-spotted pardalote and maintain a long-term monitoring strategy to identify population trends......30
Strategy 5: Increase stakeholder participation in forty-spotted pardalote conservation and management32
Strategy 6: Coordinate, review and report on recovery progress...............................33
7. Duration and cost of the recovery process.............................................35
8. Effects on other native species and biodiversity benefits.................................35
9. Social and economic considerations..................................................35
Table 4. Summary of recovery actions and estimated costs for the first five years of implementation*.......37
Table 5. Forty-spotted Pardalote Recovery Plan interest groups....................................40
Figures
Figure 1. Modelled distribution of the forty-spotted pardalote.....................................10
Acronyms
AOO
Area of occupancy
BLA
BirdLife Australia
BOM
Bureau of Meteorology
CSIRO
Commonwealth Scientific and Industrial Research Organisation (Commonwealth)
Cwlth
Commonwealth
DCCEEW
Department of Climate Change, Energy, the Environment and Water (Commonwealth)
DNRET
Department of Natural Resources and Environment Tasmania
EOO
Extent of occurrence
EPBC Act
Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)
FPRT
Forty-spotted pardalote Recovery Team
IUCN
International Union for Conservation of Nature
KBA
Key Biodiversity Area
NGO
Non-government organisation
RFA
Regional Forest Agreement
SPRAT
Species Profile and Threats
Tas
Tasmania
TSP Act
Threatened Species Protection Act 1995 (Tasmania)
TSSC
Threatened Species Scientific Committee
1. Summary
Common name: Forty-spotted pardalote
Scientific name: Pardalotus quadragintus
Family: Pardalotidae
Current status of taxon:
Environment Protection and Biodiversity Conservation Act 1999 (Cwlth): Endangered
Threatened Species Protection Act 1995 (Tas): Endangered
IUCN Red List of Threatened Species: Endangered
1.1 Species description, distribution and habitat
The forty-spotted pardalote is a small, cavity-nesting passerine measuring 9 to 10 cm in length and weighing approximately 10 g. Individuals are generally olive green in colour and pale yellow around the eye, cheek and on the rump. The wings are black with characteristic white spots. The species does not exhibit any apparent size or colour dimorphism between the sexes (Woinarski & Rounsevell 1983).
Forty-spotted pardalotes are endemic to Tasmania, occurring in three areas: on Bruny Island (including Partridge and Snake Islands) and nearby parts of mainland Tasmania, including Tinderbox and Coningham Peninsulas and at Ida Bay; on Maria Island; and in the Strzelecki Range of Flinders Island (Bryant 2018). Historically the species is thought to have been widely distributed in lowland forests of white gum (Eucalyptus viminalis) in eastern Tasmania and also on King Island (Rounsevell & Woinarski 1983; Brown 1986). Viable subpopulations appear to have now disappeared from Taroona, Darling Range (Flinders Island), Lime Bay State Reserve, Peter Murrell Reserve (Howden), and Coningham Peninsula (Bryant 2010; Bryant & Webb 2014; S Bryant & GB Baker pers. obs. cited in Bryant et al. 2021).
The species is found only in forests where white gums are present. Small pockets of white gum and even individual trees also provide important habitat for the species. The white gum provides most of the birds’ food in the form of manna (a sugary secretion produced by the tree in response to incisions made on branchlets by the birds, as well as insect attack), along with invertebrates and lerp (Woinarski & Bulman 1985; Case & Edworthy 2016). Pairs actively defend permanent territories that are typically around 0.7 ha in size within white gum forest and woodland (Woinarski & Bulman 1985), and use hollows in white gums and other trees for nesting (Woinarski & Rounsevell 1983; Brown 1986).
1.2 Recovery Plan Vision, Objective, and Strategies:
1.2.1 Long-term vision
The forty-spotted pardalote population has increased in numbers to such an extent, or occurs in a sufficient number of secure locations, that the species no longer qualifies for listing as threatened under any of the Environment Protection and Biodiversity Conservation Act 1999 listing criteria.
1.2.2 Recovery Plan objectives
Within ten years, demonstrably reduce the severity of identified threats across the species’ range.
Within ten years, increase the number of viable subpopulations of the forty-spotted pardalote across its current and historical range.
Within ten years, maintain and improve the extent, condition and connectivity of habitat of the forty-spotted pardalote.
Within ten year
This is an opening excerpt, not the complete document.