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Contents (1995 - 101)
Threatened Species Conservation Act 1995 No 101
Repealed version for 18 August 2017 to 24 August 2017 (accessed 18 December 2017 at 10:23)
Part 4
Part 4 Recovery plans for threatened species, populations and ecological communities
Introductory note.
 This Part is the first of 4 Parts that address responses to threats to the survival of threatened species, populations and ecological communities, and their habitats. This Part deals with recovery plans for threatened species, populations and ecological communities and makes further provision as to the protection of their critical habitats (if any).
The Chief Executive must prepare recovery plans for endangered species (other than species presumed extinct), populations and ecological communities, for critically endangered species and ecological communities, and for vulnerable species. The object of a recovery plan is to promote the recovery of the threatened species, population or ecological community to which it relates to a position of viability in nature. If critical habitat has been declared for the species, population or ecological community, the plan must include reference to that fact.
Division 1 deals with the preparation, contents, publication and adoption of recovery plans.
Division 2 deals with the implementation of recovery plans, and includes procedures for public authorities to report on their implementation of, or on proposed departures from, measures specified to be taken in recovery plans.
In accordance with the Planning Act, the terms of recovery plans are to be taken into account by consent authorities and determining authorities (within the meaning of that Act) when they are considering development applications under Part 4, or the carrying out, or applications for approval for the carrying out, of activities under Part 5, of that Act.
Division 1 Preparation of recovery plans
56   Chief Executive to prepare recovery plans
(1)  The Chief Executive may prepare a recovery plan for each endangered species (other than a species presumed extinct), population and ecological community and each critically endangered species and ecological community to promote the recovery of the species, population or ecological community to a position of viability in nature.
(2)  The Chief Executive may also prepare recovery plans for vulnerable species.
(3)  The Chief Executive may also prepare recovery plans for vulnerable ecological communities.
(4)  A recovery plan under this Act may contain provisions for more than one species, population or ecological community and may be made for part of a range of a species, population or ecological community.
(5)    (Repealed)
(6)  If the Chief Executive decides to prepare a recovery plan for a vulnerable ecological community, the recovery plan is to be prepared within 5 years after that decision is made.
56A   Joint preparation of recovery plans
(1)  The Chief Executive may, with the prior approval of the Minister and the Minister administering the Fisheries Management Act 1994, make arrangements with the Director of NSW Fisheries for the joint preparation of a recovery plan under this Act and Part 7A of the Fisheries Management Act 1994.
(2)  In such a case, any function of the Chief Executive or the Minister under this Part in respect of the plan may be exercised in conjunction with any corresponding function of the Director of NSW Fisheries or the Minister administering the Fisheries Management Act 1994 in respect of the plan under the Fisheries Management Act 1994.
Note.
 For example, the Chief Executive and the Director of NSW Fisheries may jointly publish a notice of the preparation of the plan under section 61 of this Act and section 220ZO of the Fisheries Management Act 1994.
(3)  The Minister may exercise his or her functions under sections 64 and 65 of this Act in respect of any such plan only with the concurrence of the Minister administering the Fisheries Management Act 1994.
(4)  If the Minister administering this Act and the Minister administering the Fisheries Management Act 1994 are unable, following consultation, to resolve any dispute as to the exercise of any function under sections 64 and 65 of this Act in respect of any such plan, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.
(5)  Except as otherwise provided by this section, this Part applies in respect of a recovery plan jointly prepared as provided for by this section in the same way as it applies in respect of any other recovery plan.
57   Guidelines for recovery plans
(1)  The Chief Executive must, in preparing a recovery plan and in deciding which measures to include in it, have regard to the following:
(a)  the objects of this Act,
(b)  the likely social and economic consequences of the making of the plan,
(c)  the most efficient and effective use of available resources for the conservation of threatened species, populations and ecological communities,
(d)  the minimising of any significant adverse social and economic consequences.
(2)  The Chief Executive is to consider, when preparing a recovery plan, any measures by which the public may co-operate in the conservation of a threatened species, population or ecological community.
(3)  The Chief Executive is also to consider, when preparing a recovery plan, any special knowledge or interest that indigenous people may have in the species, population or ecological community concerned and in the measures to be contained in the plan (including the likely social, cultural and economic consequences of the making of the plan).
58   Priorities for recovery plans
Priorities in the preparation of recovery plans are to be in accordance with the priorities for recovery established by the relevant Priorities Action Statement.
59   Contents of recovery plans
A recovery plan must:
(a)  identify the threatened species, population or ecological community to which it applies, and
(b)  identify any critical habitat declared in relation to the threatened species, population or ecological community, and
(c)  identify any threatening process or processes threatening the threatened species, population or ecological community, and
(d)  identify methods by which adverse social and economic consequences of the making of the plan can be minimised, and
(e)  state what must be done to ensure the recovery of the threatened species, population or ecological community, and
(f)  state what must be done to protect the critical habitat (if any) identified in the plan, and
(f1)  state performance indicators that are to be applied to measure whether the actions identified in the plan are being implemented and are successfully promoting the recovery of the species, population or ecological community, and
(g)  state, with reference to the objects of this Act:
(i)  the way in which those objects are to be implemented or promoted for the benefit of the threatened species, population or ecological community, and
(ii)  the method by which progress towards achieving those objects is to be assessed, and
(h)  identify the persons or public authorities who are responsible for the implementation of the measures included in the plan, and
(i)  state the date by which the recovery plan should be subject to review by the Chief Executive.
60   Consultation between chief executive officers
(1)  The Chief Executive must, if the Chief Executive considers that a public authority should be responsible for the implementation of a measure to be included in a recovery plan, consult with the chief executive officer of the public authority before completing the preparation of the draft recovery plan.
(2)  A measure must not be included in a recovery plan for implementation by a public authority unless the chief executive officer of the public authority approves of the inclusion of the measure.
61   Publication of draft recovery plan
(1)  As soon as practicable after preparing a draft recovery plan, the Chief Executive must:
(a)  give a copy of the draft recovery plan to the Scientific Committee, and
(b)  give notice of the preparation of the draft recovery plan to any public authority that the Chief Executive knows is likely to be affected by the recovery plan, and
(c)  publish notice of the preparation of the draft recovery plan in a newspaper circulating generally throughout the State and, if the recovery plan is likely to affect a particular area or areas (other than the State as a whole), in a newspaper circulating generally in that area or areas, and
(d)  publish notice of the preparation of the draft recovery plan in the Gazette.
(2)  The notice must:
(a)  state that the draft recovery plan has been prepared, and
(b)  specify the address of the place at which copies of the draft recovery plan may be inspected, and
(c)  invite persons to make written submissions to the Chief Executive about the draft recovery plan, and
(d)  specify the address of the place to which submissions about the draft recovery plan may be forwarded and the date by which submissions must be made.
62   Consideration of submissions by Chief Executive
(1)  The Chief Executive must consider all written submissions received by the Chief Executive on or before the date specified in the notice.
(2)  The Chief Executive may amend the draft recovery plan to take account of those submissions or any advice given by the Scientific Committee.
63   Chief Executive to refer draft recovery plan to Minister
After considering the submissions and making amendments (if any) to the draft recovery plan, the Chief Executive must:
(a)  forward the draft recovery plan to the Minister, and
(b)  provide the Minister with a summary of any advice given by the Scientific Committee and of all submissions received about the draft recovery plan, and details of any amendments made to the draft recovery plan by the Chief Executive to take account of that advice or those submissions.
64   Minister may return draft recovery plan to Chief Executive for amendment
(1)  If the Minister thinks that a draft recovery plan should be amended in some respect, the Minister may request the Chief Executive to amend the plan.
(2)  On receiving such a request, the Chief Executive must:
(a)  amend the proposal in the manner requested by the Minister, and
(b)  return the plan, as so amended, to the Minister.
65   Approval of recovery plan by Minister
(1)  In considering whether to approve or to refuse to approve a draft recovery plan, the Minister must have regard to the likely social and economic consequences of the approval of the plan.
(2)  The Minister may:
(a)  approve a draft recovery plan without amendment or with any amendments that the Minister considers appropriate, or
(b)  refuse to approve the plan (on the basis of the likely social or economic consequences of the plan or otherwise), or
(c)  refer it back to the Chief Executive for further consideration.
(3)  Without limiting subsection (2), the Minister may refuse to approve a plan or refer it back to the Chief Executive for further consideration on the basis that the plan does not comply with the requirements of this Act.
66   Reasons for departure from draft recovery plan to be stated
If a recovery plan approved by the Minister is not in the form of the draft recovery plan submitted to the Minister by the Chief Executive, the recovery plan approved must state the reasons for any departures from the draft plan.
66A   Advice of Scientific Committee to be included in plan
The recovery plan approved by the Minister must include a summary of any advice given by the Scientific Committee with respect to the plan, details of any amendments made to the plan to take account of that advice and a statement of the reasons for any departure from that advice.
67   Recovery plans to be published
(1)  As soon as practicable after the Minister approves a draft recovery plan, the Chief Executive must:
(a)  give a copy of the recovery plan to the Scientific Committee, and
(b)  publish notice of the approval of the plan in a newspaper circulating generally throughout the State and, if the recovery plan is likely to affect a particular area or areas (other than the State as a whole), in a newspaper circulating generally in that area or areas, and
(c)  notify any public authority likely to be affected by the plan, and
(d)  publish notice of the approval of the plan in the Gazette.
(2)  The Chief Executive must also make a copy of the recovery plan available for public inspection, without charge, during business hours and copies of or extracts from the recovery plan are to be made available to the public on request, on payment of the fee fixed by the Chief Executive.
68   Review of recovery plans
(1)  The Chief Executive is required to keep each recovery plan under review and, if a date by which a plan is to be reviewed is stated in it, is to review the plan by that date.
(2)  The Chief Executive is also to consider any submissions about recovery plans received from public authorities or the public.
(3)  If the Chief Executive considers that any change (other than a minor change) should be made to a recovery plan, the Chief Executive is to prepare a new plan in accordance with this Part.
Division 2 Implementation of recovery plans
69   Ministers and public authorities to implement recovery plans
(1)  Ministers and public authorities (including the Chief Executive) are to take any appropriate action available to them to implement those measures included in a recovery plan for which they are responsible and must not make decisions that are inconsistent with the provisions of a recovery plan.
(2)  If the implementation of a recovery plan affects a statutory discretion of a Minister or public authority, this section does not operate to exclude the discretion, but the Minister or authority must take the recovery plan into account.
(3)  This section does not operate to require or authorise any action by a Minister or public authority that is inconsistent with any statutory or other legal obligation of the Minister or public authority.
70   Public authorities to report on implementation of recovery plans
(1)  A public authority (including the Chief Executive but not including a council) identified in a recovery plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report to Parliament.
(2)  A council identified in a recovery plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report as to the state of the environment of its area.
71   Notification of proposed departures from recovery plan
(1)  A public authority must not exercise a function in a manner that is inconsistent with the implementation of measures included in a recovery plan unless:
(a)  in the case of a public authority other than the Chief Executive—it has given written notice of the proposed exercise of the function to the Chief Executive, or
(b)  in the case of the Chief Executive—the Chief Executive has given written notice of the proposed exercise of the function to the Minister.
(2)  The Chief Executive must comply with any directions given by the Minister concerning a proposed departure from a recovery plan.
(3)  This section does not apply in relation to anything authorised to be done by or under the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.
(4)  This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.
72   Consultations with Chief Executive concerning proposed departures
(1)  The Chief Executive must, on receiving notice of a proposed departure from a recovery plan from a public authority, determine whether exercise of the function in the manner proposed is acceptable or whether it is likely to jeopardise the effective implementation of the plan.
(2)  If the Chief Executive considers that the departure is acceptable, the Chief Executive must notify the public authority accordingly.
(3)  If the Chief Executive considers that the departure is unacceptable because it is likely to jeopardise the effective implementation of the recovery plan, the Chief Executive must consult with the public authority in an endeavour to resolve the matter by modification of the action proposed or by other mutually acceptable means.
73   Reference of proposed departures to Ministers and Premier
(1)  A matter that has not been resolved after consultation between the Chief Executive and the public authority concerned must be referred by the parties to their respective Ministers.
(2)  In the case of a council, the reference is to the Minister administering the Local Government Act 1993 unless the matter relates, in whole or in part, to the exercise of functions under the Planning Act. In that event, the reference is to be to the Minister administering the Planning Act.
(3)  The Ministers, on receiving a reference, are to consult in an endeavour to resolve the matter by means that the Ministers consider to be appropriate.
(4)  If the Ministers are unable to resolve the matter after consultation, it is to be referred to the Premier for resolution.
(5)  A public authority (including the Chief Executive) must give effect to any decision of, or directions made or given by, the Premier on the matter and is, despite the requirements of any other Act or law, empowered to comply with any such decision or directions.