Coalition scrapped recovery plans for 176 threatened species and habitats in one of its final acts

Last year, the Morrison government proposed removing the requirement for a legislated plan for 185 plants, animals and habitats, including several plans that were years overdue.

In March, Ley signed off on decisions to remove that requirement for 176 of the species and habitats, with the move quietly published by the environment department after the election was called in April.

Ley made the decisions despite a government call for feedback receiving 6,701 responses, all disagreeing with the proposal.

The requirement for a recovery plan is at the discretion of the environment minister but, where that requirement exists, ministers are legally bound not to make decisions that are inconsistent with the plan.

The proposal to scrap plans for almost 200 plants and animals was met with outcry from conservationists last year. It followed a review of recovery planning by the threatened species scientific committee (TSSC).

Among the 176 are the critically endangered nightcap oak, which was affected by the 2019-20 bushfires, the critically endangered Cumberland Plain woodland, regularly cleared for development in western Sydney, and several Christmas Island species, including the critically endangered Christmas Island flying fox.

All of the affected species and habitats have what is known as a conservation advice, which is a similar document but it is not legally binding in the same way that recovery plans are.

The chair of the TSSC, Helene Marsh, has previously said recovery planning had been ineffective, with plans often unfunded and actions not implemented, and that a conservation advice could often be updated more quickly after emergencies such as bushfires.

Before the election, Labor promised $224.5m for a national threatened species program that would include addressing a backlog of overdue and outdated recovery plans.

Her office directed questions to the environment department because she no longer has responsibility for the portfolio.

A spokesperson for the environment department said the former minister had followed the advice of the scientific committee in each case.

The TSSC reviewed recovery plans for 914 threatened species and habitats last year and its initial advice was that 676 no longer required a plan.

The 185 represented the first tranche of what was to be a broader proposal.