Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a cohesive framework to protect the environment, with a particular emphasis on matters of national environmental significance and biodiversity conservation, including the protection and conservation of listed migratory species. This Act was designed to facilitate the management and conservation of species that migrate across national borders, ensuring that Australia meets its international obligations under various agreements such as the Bonn Convention and the Japan-Australia Migratory Bird Agreement (JAMBA), among others. The Act was enacted by the Parliament of Australia and aims to provide a comprehensive approach to environmental protection that includes international cooperation. This legislative instrument amends the list of migratory species under section 209 of the Act to incorporate species identified in the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA), which were initially omitted when the agreement was approved. The objective is to ensure that the list of protected migratory species is complete and aligns with Australia's international commitments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment, with a specific focus on matters of national environmental significance and the conservation of biodiversity, including the protection and conservation of listed migratory species. This legislation covers any person, entity, or industry whose actions might impact these areas, whether directly through their operations or indirectly through transactions that might affect the environment or biodiversity. The Act has a national jurisdictional reach, meaning it applies across Australia, and its provisions extend to all territories and states within the Commonwealth. The Act provides a list of migratory species that must be protected, as included in international agreements such as the Bonn Convention, JAMBA, CAMBA, and the ROKAMBA. The explanatory statement clarifies that the Minister for the Environment has the authority to amend the list of protected species through legislative instruments as required by section 209 of the Act, ensuring that all species identified in approved international agreements are included. The Act does not require the Minister to obtain advice from the Threatened Species Scientific Committee when amending the list, although various government departments and agencies were consulted during the development of the ROKAMBA. This legislative instrument, which amends the list to include two additional species from the ROKAMBA, is taken to have commenced on 27 February 2007, the same date the ROKAMBA was approved, and its retrospective commencement does not impose any detriments or remove any rights retroactively.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) primarily focuses on the protection of the environment, particularly matters of national environmental significance and the conservation of biodiversity, including migratory species. Section 209(1)(b) and 209(3)(c) of the Act allows the Minister to amend the list of migratory species through a legislative instrument, to include all species identified in international agreements such as the Bonn Convention, the Japan-Australia Migratory Bird Agreement (JAMBA), the China-Australia Migratory Bird Agreement (CAMBA), and the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA). This amendment instrument, F2014L01674, is specifically designed to correct an oversight from when the ROKAMBA was approved in 2007, by including two species—Calidris minuta and Hirundo daurica—that were not originally added to the migratory species list. Under this instrument, the obligations placed on the Minister and relevant authorities include ensuring that the migratory species list is updated to reflect all species identified in approved international agreements. The Minister is responsible for making the necessary amendments to the list through legislative instruments. Additionally, relevant Australian government agencies, as well as state and territory environmental departments, were consulted during the development of the ROKAMBA, ensuring broad stakeholder engagement in the process of amending the migratory species list. Breaching the requirements set out in this Act can lead to significant legal consequences. Offences related to the protection of migratory species can result in both civil and criminal penalties. Under the Act, individuals and entities found guilty of contravening provisions designed to protect migratory species may face substantial fines. The maximum penalties can vary depending on the specific offence, but they are designed to be sufficiently stringent to enforce compliance and deter non-compliance. The penalties are intended to reflect the seriousness of the environmental impact caused by such breaches. In summary, this legislative instrument serves to correct a previous omission in the migratory species list by adding two species identified in the ROKAMBA. It underscores the importance of adhering to international agreements for the protection of biodiversity and sets out clear obligations for the Minister and relevant authorities to ensure these agreements are implemented effectively. Breaches of the Act can result in significant penalties, reinforcing the legal framework's commitment to environmental protection.