Landmark court win: Federal Environment Minister confirms he breached Environment Law in Wilderness Society threatened species court case
- Eyre Peninsula EPA
- Sep 25, 2025
- 3 min read
Wilderness Society September 2025
The Wilderness Society, represented by Environmental Justice Australia, has been successful in a landmark legal case that will deliver stronger protections for threatened wildlife on the brink of extinction.
In Federal Court proceedings, the Environment Minister conceded he has failed to make mandatory recovery plans for key species and agreed to court orders to fix the breach.
What the outcome means
For the first time, greater gliders, ghost bats, sandhill dunnarts and Australian lungfish will each have recovery plans—legally binding roadmaps to help them survive and recover—by July 2026.
Recovery plans for seven other species—including the Tasmanian wedge-tailed eagle, red goshawk, Carnaby’s black cockatoo and long-footed potoroo—are confirmed to remain in force and must continue to be implemented.
The government has confirmed that recovery plans do not expire. They remain in force until the species is no longer listed as threatened – providing certainty for hundreds of Australia’s iconic plants and animals.
This outcome sets an important national precedent: recovery plans are not optional. They are a binding duty under the Environment Protection and Biodiversity Conservation Act (EPBC Act), and governments must deliver them.
Sam Szoke-Burke, Biodiversity Policy and Campaign Manager for the Wilderness Society said:
“Today is a win for threatened wildlife across Australia. After decades of neglect by government after government, we took to the courts to fight for Australia's pride and joy—its diverse and world-important environment. The resolution of this case provides much-needed certainty for Australia’s iconic plants and animals, some of whom have been waiting for over a decade for a legally-required recovery roadmap to give them a better chance at surviving extinction.
“Australia is the worst in the world for mammal extinctions and second worst for biodiversity loss. That successive ministers have not made required recovery plans is a symptom of the continuing government neglect that is pushing unique species like the greater glider and Tasmanian wedge-tailed eagle closer to extinction.
“While it is deeply frustrating that we had to resort to the courts to get the government to do its job, this outcome confirms the expectations on the Albanese government to start prioritising nature and helping Aussie wildlife beat extinction.
“The government now knows that when the law says the Minister must do something, that doesn’t mean maybe. This outcome should set a new tone for how the government treats Australia’s iconic and unique natural environment. It’s time to prioritise nature, or face legal action and further community outcry.”
Ellen Maybery, Senior Specialist Lawyer at Environmental Justice Australia, said:
“Our client is thrilled. This win forces the government to act—for the first time, threatened wildlife like greater gliders and ghost bats will finally get the recovery roadmaps they need to survive.”
“Recovery plans are one of the good legally enforceable tools that exist to stop Australia's wildlife sliding into extinction—and one of the important checks on the Environment Minister’s discretion when approving damaging projects.”
“For decades, successive governments have failed to follow their own laws and deliver these vital recovery plans. The Court has now compelled the Environment Minister to do his job and make the required plans.”
BACKGROUND
The Wilderness Society, represented by Environmental Justice Australia, commenced legal proceedings against the Environment Minister in March 2025, alleging that successive environment ministers had failed in their legal duties to create recovery plans that would give threatened wildlife a better chance at surviving extinction. It alleged this failure is unlawful.
Recovery plans are legally binding documents that set out the actions needed to stop the decline of a threatened species and support its recovery. They are one of the key tools in the EPBC Act that constrain ministerial discretion on project approvals.
An Auditor-General report in 2022 found that since 2013, only two per cent of recovery plans were completed within the statutory time frame.
The government has now updated its website to confirm that recovery plans are “exempt from sunsetting” and “remain in force until and unless the species is removed from the threatened list”.
While the EPBC Act is currently undergoing important reforms, it appears unlikely that the amendments will affect or change recovery plans, a crucial part of the Act for threatened species protection.
The court settlement is a resounding success for the Wilderness Society and shows the power of civil society in using the law to hold the government to account after decades of neglect.
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