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:
- River-flat eucalypt forest on coastal floodplains of southern New South Wales and eastern Victoria
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to its eligibility for the critically endangered category under subsection 182(1) of the Act.
The Committee concluded that the River-flat eucalypt forest on coastal floodplains of southern New South Wales and eastern Victoria 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 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 near 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 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, and the effect that including the ecological community in that category could have on the survival of the ecological community.
Consultation 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. 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, was established to provide a comprehensive framework for the protection and conservation of the nation's environmental assets, including threatened species and ecological communities. This legislation aims to address the problem of biodiversity loss by imposing obligations on the Commonwealth to protect and conserve threatened ecological communities. The Act facilitates the listing of ecological communities based on their conservation status, allowing for targeted protection measures. This legislative instrument, issued under the authority of the Minister for the Environment, amends the list of threatened ecological communities by including the River-flat eucalypt forest on coastal floodplains of southern New South Wales and eastern Victoria in the critically endangered category. This decision was made following the recommendation of the Threatened Species Scientific Committee, which assessed the ecological community's eligibility based on criteria such as geographic distribution decline and integrity reduction. The policy objective is to ensure that the ecological community receives appropriate protection and conservation efforts to prevent its extinction.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of threatened ecological communities, and the legislation is administered by the Commonwealth. This particular legislative instrument amends the list of threatened ecological communities under section 181 of the Act, adding River-flat eucalypt forest on coastal floodplains of southern New South Wales and eastern Victoria to the critically endangered category, following the recommendation of the Threatened Species Scientific Committee. The Act imposes obligations on the Commonwealth to conserve these ecological communities, and this amendment ensures that appropriate protections are in place for this specific habitat. The instrument’s commencement follows its registration on the Federal Register of Legislation, and the amendment reflects a broader commitment to conserving biodiversity and endangered species within Australia.
Key Provisions
The primary provision of this instrument, as per section 181 of the Environment Protection and Biodiversity Conservation Act 1999, concerns the amendment of the list of threatened ecological communities. Specifically, it introduces the River-flat eucalypt forest on coastal floodplains of southern New South Wales and eastern Victoria into the critically endangered category, following a recommendation by the Threatened Species Scientific Committee (section 184(a)). This amendment is based on the Committee's findings that this ecological community meets specific criteria under Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, particularly Criterion 4, which highlights severe reductions in integrity and the unlikelihood of restoration within the immediate future.
Under the Act, the inclusion of the River-flat eucalypt forest in the critically endangered category imposes certain obligations on the Commonwealth and other relevant parties. The Act mandates the protection and conservation of listed ecological communities, necessitating measures to prevent further decline and to restore the ecological integrity where possible. Additionally, any actions that may impact these communities must be assessed and approved under the provisions of the Act to ensure compliance with conservation goals. The listing also triggers obligations for ongoing monitoring and reporting on the status of the ecological community, ensuring that conservation efforts are both effective and adaptive.
The Act imposes specific consequences for breaches of its provisions concerning threatened ecological communities. Any person who contravenes the Act may face both civil and criminal penalties. For example, under section 519 of the Act, a person can be fined up to AUD 330,000 for an individual offence and AUD 1.65 million for a corporate offence for actions that threaten the survival of a listed ecological community. Additionally, section 528A allows for imprisonment for up to five years for serious offences against the Act, reflecting the severity of the ecological impact and the intent behind the contravention. These penalties underscore the importance of adherence to the Act's requirements and the potential ramifications of non-compliance.