NSW National Parks and Wildlife Service, September 2001
ISBN 0 731 36281 0
2 Legislative context
- 2.1 Legal status
- 2.2 Recovery Plan preparation
- 2.3 Recovery Plan implementation
- 2.4 Relationship to other legislation
- 2.5 Critical habitat
- 2.6 Environmental assessment
Grevillea obtusiflora R. Br. is listed as an endangered species on Schedule 1 of the TSC Act and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Both acts define the term species as inclusive of the taxon's subspecies.
As Makinson (1997) divided Grevillea obtusiflora into Grevillea obtusiflora subsp. fecunda and Grevillea obtusiflora subsp. obtusiflora, the listing of G. obtusiflora encompasses both the subspecies.
The TSC Act requires that the Director-General of National Parks and Wildlife prepare recovery plans for all species, populations and ecological communities listed as endangered or vulnerable on the TSC Act schedules. The TSC Act includes specific requirements for both the matters to be addressed by recovery plans and the process for preparing recovery plans. This plan satisfies these provisions.
This Recovery Plan has been prepared with the assistance of a recovery team, a non-statutory group of interested parties with relevant expertise, established to discuss and resolve issues relating to the plan. Components within the plan do not necessarily represent the views nor the official positions of all the individuals or agencies represented on the recovery team. The information in this Recovery Plan was accurate to the best of the NPWS' knowledge on the date that it was approved.
The TSC Act requires that a government agency must not undertake actions inconsistent with a recovery plan. The four government agencies relevant to this plan are the NPWS, Rylstone Shire Council, and State Forests of NSW. Consequently, the NPWS, Rylstone Shire Council and State Forests of NSW must, as the relevant land managers, manage the Grevillea obtusiflora sites within their areas, in accordance with this plan. Relevant land management issues include vehicular access, inappropriate fire regimes and roadside management activities, such as grading and weed control.
The lands on which Grevillea obtusiflora occur are either Rylstone Shire Council roads, State Forests of NSW or NPWS managed lands, or Freehold. Accordingly, legislation that may affect the management of the population includes the: Forestry Act 1916, National Parks and Wildlife Act 1975, Local Government Act 1993, Noxious Weeds Act 1993, Rural Fires Act 1997, Native Vegetation Conservation Act 1997, and Environmental Planning and Assessment Act 1979.
The TSC Act makes provision for the identification and declaration of critical habitat for species, populations and ecological communities listed as endangered. Once declared, it becomes an offence to damage critical habitat (unless the TSC Act specifically exempts the action) and a species impact statement is mandatory for all developments and activities proposed within critical habitat.
Critical habitat has not been declared for these taxa under the TSC Act. The identification of critical habitat is not considered to be a priority for Grevillea obtusiflora as no demonstrable conservation outcome would accompany its identification and declaration.
The TSC Act amendments to the environmental assessment provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act) require that consent and determining authorities consider relevant recovery plans when exercising a decision making function under Parts 4 & 5 of the EP&A Act. As the area occupied by Grevillea obtusiflora includes land under a range of tenures, there are several relevant approval authorities. These determining and consent authorities must consider the conservation strategy outlined in this plan when considering any activity which may affect Grevillea obtusiflora.
Environmental Assessment Guidelines are included as Appendix 4.