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Legal action seeks court order for Australian ministers to devise conservation strategies for endangered species | Law (Australia)

Australia’s largest conservation organization, the Wilderness Society (TWS), has filed legal action against successive federal environment ministers for their failure to create adequate recovery plans for native species threatened with extinction. The case, filed in the federal court on Monday, involves eleven endangered species, including the greater glider, the ghost bat, and Baudin’s cockatoo.

Recovery plans are essential documents that outline the necessary actions required to prevent the extinction of species and improve their conservation status. TWS, represented by Environmental Justice Australia, argues that the ministers’ inaction to develop these plans is unlawful. This legal challenge comes amidst long-standing concerns about the backlog of undeveloped plans and unidentified species that require them.

Australia’s national environmental laws give the minister authority to decide whether a species qualifies for a recovery plan. If so, the minister must create a plan within three years. The challenge seeks the court to compel the environment minister to devise recovery plans for the 11 listed species.

TWS Biodiversity Policy and Campaign Manager Sam Szoke-Burke characterized this legal action as a reminder of the legal and moral obligations of current and future environment ministers regarding protecting Australian wildlife. This underscores government agencies’ consistent neglect in creating crucial conservation strategies for species desperately in need.

The case has arisen at a time when the government is expected to expand its list of threatened species, further highlighting the failures in recovery planning. An auditor general’s 2022 report indicated that only 2% of recovery plans were completed within the prescribed timeframe since 2013, revealing a systemic problem within species conservation efforts.

The TWS legal action represents a significant step in ensuring the legal compliance of government bodies in addressing the critical issue of species conservation and may set a precedent for future compellability in creating and implementing recovery plans for threatened species.

Source: https://www.theguardian.com/law/2025/mar/04/wilderness-society-legal-action-australia-endangered-species

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