Thick-billed Grasswren (Eastern Subspecies) (Amytornis textilis modestus) (North, 1902) Recovery Plan

NSW National Parks and Wildlife Service, July 2002
ISBN 0 7313 65143

5 Relevant Legislation

5.1 Threatened Species Conservation Act 1995

The Thick-billed Grasswren (eastern subspecies) is listed on Schedule 1 of the Threatened Species Conservation Act (TSC Act) as an 'Endangered' species. It is an offence to harm, pick or damage a threatened species or its habitat unless the damage is the result of activities which have been licensed under section 91 of the TSC Act, or have otherwise gained approval under the Environmental Planning and Assessment Act 1979.

5.2 National Parks and Wildlife Act 1974

The Thick-billed Grasswren is not known to occur in any area in NSW that is gazetted under the National Parks and Wildlife Act 1974 (NPWS Act) and is under the care and management of the NSW National Parks and Wildlife Service.

5.3 Environmental Planning and Assessment Act 1979

Land use and development on leasehold land in NSW is subject to evaluation in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act). Threatened species are to be taken into account by consent authorities when they are considering development applications under Part 4, and by determining authorities undertaking or approving activities under Part 5, of the Act. Under the Western Lands Act 1901 the Department of Land and Water Conservation is the consent authority for activities on Western Lands leases which invokes the EP&A Act.

The TSC Act amendments to the environmental assessment provisions of the EP&A Act require that consent and determining authorities in NSW consider relevant recovery plans when exercising a decision making function under Parts 4 & 5 of the EP&A Act. When considering any activity that may affect the Thick-billed Grasswren these authorities must consider the conservation strategy outlined in this plan.

5.4 Native Vegetation Conservation Act 1997

The clearing of vegetation in NSW is subject to consent from the Department of Land and Water Conservation in accordance with the Native Vegetation Conservation Act 1997. The Act is integrated with the Environmental Planning and Assessment Act 1979, and requires that threatened species are taken into account by the consent authority when considering clearing applications under Part 4 of the EP&A Act.

5.5 Environment Protection and Biodiversity Conservation Act 1999

All three subspecies of the Thick-billed Grasswren are listed as Vulnerable on the Commonwealth Environment Protection and Biodiversity Conservation Act (EPBC Act) 1999. The EPBC Act regulates actions that may result in a significant impact on nationally listed threatened species and ecological communities. It is an offence to undertake any such actions in areas under State or Territory jurisdiction, as well as on Commonwealth-owned areas, without obtaining prior approval from the Commonwealth Environment Minister. As the Thick-billed Grasswren is listed nationally under the EPBC Act, any person proposing to undertake actions likely to have a significant impact on Thick-billed Grasswren should refer the action to the Commonwealth Minister for the Environment for consideration. The Minister will then decide whether the action requires EPBC Act approval.