EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a) and (b)
(Issued under the Authority of the
Minister for the Environment, Heritage and the Arts)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.
The purpose of this instrument is to:
- amend the list of threatened ecological communities under the Act in accordance with paragraph 184(1)(a) of the Act by:
- including in the list in the critically endangered category Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest.
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered and endangered ecological communities in subsection 182(1) and (2) of the Act.
The Committee concluded that the Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest ecological community met the criteria specified in Regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as endangered because its decline in geographic distribution is severe;
- Criterion 2 as critically endangered because its geographic distribution is very restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the immediate future;
- Criterion 4 as critically endangered because the reduction in integrity across most its range is very severe as indicated by degradation of the community; and
- Criterion 5 as vulnerable because its rate of continuing detrimental change is substantial as indicated by a rate of continuing decline in its geographic distribution that is serious.
On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is eligible to be included in the critically endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, or the effect that including the ecological community in that category could have on the survival of the ecological community.
2. amend the list of threatened ecological communities under the Act in accordance with paragraph 184(1)(b) of the Act by:
- deleting from the list in the endangered category Cumberland Plain Woodlands.
On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is no longer eligible to be included in that category because it is now eligible to be listed as critically endangered. In deciding to delete it from the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category.
Consultation on the nomination to amend the list of threatened ecological communities under the Act to include this ecological community was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. The nomination was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All submissions received were forwarded to the Committee and to me for consideration.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Australian Parliament to address the need for comprehensive protection and conservation of the nation's biodiversity. This legislation aims to safeguard threatened species, ecological communities, and heritage places, including their critical habitats, from the impacts of human activities and other threatening processes. The Act provides a framework for the Commonwealth to intervene and manage activities that could significantly harm the environment. Under this Act, the Minister for the Environment, Heritage and the Arts has the authority to amend the list of threatened ecological communities, as recommended by the Threatened Species Scientific Committee, to reflect the most current scientific assessments and to ensure that appropriate conservation measures are in place. The policy objective is to maintain and recover biodiversity and heritage values by protecting and conserving threatened ecological communities and their habitats.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to all individuals, corporations, and other entities within Australia, including both private and public sectors, that may engage in actions impacting the environment and biodiversity. The Act imposes obligations on these entities to avoid, minimise, remedy, or offset significant impacts on matters of national environmental significance, which includes threatened species and ecological communities. Geographically, the Act has a national reach, governing activities across all states and territories of Australia, as well as in Commonwealth waters and territories. The Act may be enforced by the Commonwealth Government, which can include the issuance of permits, authorisations, and directions to mitigate adverse impacts on protected ecological communities. Certain exclusions and exemptions apply, particularly concerning activities that are already regulated under state or territory legislation, where the Act may defer to state or territory laws. Additionally, the Act may provide for thresholds that trigger its application, such as the scale or type of action that may significantly impact protected matters. The Act extends its application through subordinate instruments, such as regulations and guidelines, which further define and specify the obligations and protections under the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) mandates the Commonwealth to protect and conserve threatened ecological communities. This legislation is amended through an instrument under section 184(1)(a) and (b), which introduces changes to the list of threatened ecological communities. Section 184(1)(a) of the Act permits the inclusion of Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest in the critically endangered category of the list, following a recommendation by the Threatened Species Scientific Committee (the Committee). This decision was based on the ecological community meeting specific criteria as outlined in Regulation 7.02 of the Environment Protection and Biodiversity Conservation Regulations 2000. These criteria include severe decline in geographic distribution (Criterion 1), very restricted geographic distribution with a high risk of loss due to threatening processes (Criterion 2), very severe reduction in integrity across most of its range (Criterion 4), and substantial rate of continuing detrimental change (Criterion 5). Conversely, section 184(1)(b) removes Cumberland Plain Woodlands from the endangered category, as it is now eligible to be listed as critically endangered.
The Act imposes several obligations on the parties and entities it governs. Primarily, these obligations include the protection and conservation of threatened ecological communities, as specified under the amended list. This involves implementing measures to safeguard these communities from further decline and ensuring that any activities that may impact these ecological communities are managed in accordance with the provisions of the Act. The Act also requires consultation with relevant parties, including the Threatened Species Scientific Committee and the public, before making amendments to the list of threatened ecological communities. This ensures that all stakeholders have an opportunity to provide input and feedback on proposed changes.
Breach of the obligations and requirements under the Act may result in various civil and criminal consequences. Under section 528 of the Act, a person who contravenes a provision of the Act can be liable to a civil penalty. The maximum penalty for a corporation is $666,000, while the maximum penalty for an individual is $133,200. Additionally, under section 530, a person who commits an offence against the Act can be prosecuted in a court, which may result in fines and imprisonment. The specific penalties depend on the nature and severity of the offence, with more serious offences potentially leading to higher fines and longer periods of imprisonment. The Act also provides for the issuance of infringement notices for minor offences, with the maximum penalty for an individual being $2,200 and for a corporation being $11,000.