EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(a)
(Issued under the Authority of the Minister for the Environment)
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 section 181 of the Act in accordance with paragraph 184(a) of the Act by including in the list in the critically endangered category:
- Illawarra–Shoalhaven Subtropical Rainforest of the Sydney Basin Bioregion
and:
- Robertson Rainforest in the Sydney Basin Bioregion
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to their eligibility for the critically endangered category under subsection 182(1) of the Act.
The Committee concluded that the Illawarra–Shoalhaven Subtropical Rainforest of the Sydney Basin Bioregion met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as endangered because it has undergone a severe decline in geographic distribution;
- 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; and
- Criterion 4 as critically endangered because the reduction in integrity across most of its range is very severe as indicated by degradation of the community and disruption of important community processes, and restoration is unlikely within the immediate future.
The Committee concluded that the Robertson Rainforest in the Sydney Basin Bioregion met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as endangered because it has undergone at least a severe decline in geographic distribution;
- 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; and
- Criterion 4 as critically endangered because the reduction in integrity across most of its range is very severe as indicated by degradation of the community and disruption of important community processes, and restoration is unlikely within the immediate future.
On the basis of the assessment and advice of the Committee, I am satisfied that these ecological communities are eligible to be included in the critically endangered category. In deciding to include these in the list, I only considered matters that relate to whether the ecological communities are eligible to be included in that category, and the effect that including the ecological communities in that category could have on the survival of the ecological communities.
Consultation to amend the list of threatened ecological communities under the Act to include these ecological communities was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. Draft assessments were 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 public submissions received were forwarded to the Committee and to me for consideration.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument will commence on the day after it is registered on the Federal Register of Legislation.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to protect and conserve Australia's biodiversity and ecological communities. This legislation provides the legal framework for the Commonwealth to manage and protect threatened species and ecological communities, ensuring their survival and promoting sustainable development. The Act was introduced to address the need for a comprehensive and integrated approach to environmental protection and biodiversity conservation at a national level, recognising the importance of Australia's unique ecosystems and the responsibility of the Commonwealth to safeguard them for future generations. In the context of this legislative instrument, the policy objective is to update the list of threatened ecological communities under the Act, reflecting the most current scientific assessments and recommendations from the Threatened Species Scientific Committee.
The instrument under section 184(a) of the Act, issued under the authority of the Minister for the Environment, seeks to amend the list of threatened ecological communities by including the Illawarra–Shoalhaven Subtropical Rainforest of the Sydney Basin Bioregion and the Robertson Rainforest in the Sydney Basin Bioregion in the critically endangered category. This decision is based on the findings of the Threatened Species Scientific Committee, which determined that these ecological communities meet the criteria for the critically endangered category as outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument was developed following a process of consultation and public exhibition, as required by the Act, ensuring that all relevant expertise and public input were considered in the decision-making process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) governs the protection and conservation of Australia's biodiversity, including threatened ecological communities. This legislation applies to all persons and entities within the Commonwealth jurisdiction, encompassing various industries and conduct that may affect these communities. Notably, the Act extends its reach to any action or transaction that might impact the specified threatened ecological communities. In this instance, the Act has been amended to include two specific communities—Illawarra–Shoalhaven Subtropical Rainforest of the Sydney Basin Bioregion and Robertson Rainforest in the Sydney Basin Bioregion—in the critically endangered category, following a recommendation by the Threatened Species Scientific Committee. The Act's application is further extended through subordinate instruments, which allow for the detailed regulation of activities that might harm these ecosystems. There are no exclusions, exemptions, or thresholds specified in this particular instrument, meaning that the obligations under the Act apply comprehensively to the listed communities.
Key Provisions
The legislative instrument F2019L01143 amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by incorporating two new ecological communities into the list of threatened ecological communities in the critically endangered category. Specifically, it includes the Illawarra–Shoalhaven Subtropical Rainforest of the Sydney Basin Bioregion and the Robertson Rainforest in the Sydney Basin Bioregion, as recommended by the Threatened Species Scientific Committee (the Committee) (section 184(a)). These communities have been assessed under the criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Under the Act, the inclusion of these communities in the critically endangered category imposes specific obligations on the Commonwealth to protect and conserve these ecological communities. This includes taking measures to mitigate the threats they face, such as habitat degradation and disruption of community processes. The Act mandates that the Commonwealth must take all reasonable and practicable measures to prevent the further decline of these communities and to facilitate their recovery.
The Act also imposes obligations on individuals and entities involved in activities that may impact these threatened ecological communities. Those conducting activities that may affect the listed communities must seek approval from the relevant authorities and adhere to any conditions set forth in the approval. Failure to comply with the Act's requirements can lead to civil and criminal penalties. Specifically, under section 515 of the Act, a person can be fined up to the maximum penalty of $66,600 (or $1,110 per day if the offence continues) for contravening the Act. Additionally, corporations may face penalties of up to $333,300 for similar breaches. These penalties reflect the seriousness of the threat to these ecological communities and underscore the importance of compliance with the Act's conservation measures.