Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Commonwealth Parliament to protect the environment and conserve biodiversity, including threatened species and ecological communities. The Act established a list of threatened species and ecological communities, categorising them based on their conservation status. This legislation aimed to address the problem of declining biodiversity and threatened species by providing a framework for their protection and conservation. The Act includes provisions for updating and correcting the list of threatened species and ecological communities, as well as mechanisms for public consultation and the consideration of human rights. This explanatory statement details amendments made to the list under the Act, including the addition of headings for certain categories and the removal of item numbers, as well as the deletion of specific species from the vulnerable category based on updated assessments. The policy objective remains the effective protection and conservation of Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and the conservation of biodiversity within Australia, including the protection and conservation of threatened species and ecological communities. This Act governs all persons, entities, and industries within the Commonwealth of Australia and applies to actions that may impact biodiversity or threaten species and ecological communities. The Act provides for a list of threatened species and ecological communities and allows for the inclusion, exclusion, or reclassification of these species and communities as required. This legislative instrument amends the list by correcting inaccuracies and updating names, as well as including and omitting certain categories and item numbers from the lists. There are no exclusions or exemptions specified within this particular instrument, and any further application or restrictions are to be found in the Act itself or in subordinate instruments issued under its authority. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and, while it does not require consultation, it has been subject to consultation with the Office of Parliamentary Counsel during its creation.

Key Provisions

The main operative sections of this legislation (F2013L02177) involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) under section 184(1)(d). These amendments pertain primarily to the updating of the lists of threatened species and threatened ecological communities, as outlined in sections 178 and 181 of the Act. Specifically, the Instrument rectifies omissions from the lists by including headings for categories such as extinct in the wild, critically endangered, conservation dependent, and vulnerable. Additionally, it removes item numbers from the list, as there is no requirement for them. The Instrument also includes the deletion of 12 Queensland endemic flora species from the vulnerable category due to their failure to meet the criteria for listing, and it corrects the omission of certain headings that were inadvertently left out when the lists were first created in July 2000. The Act imposes several obligations and requirements on the parties and entities it governs. The primary obligation is the protection and conservation of biodiversity, which includes the management and protection of threatened species and ecological communities. This involves ensuring that actions do not harm these species or communities and that necessary conservation measures are implemented. The Act also requires that lists of threatened species and ecological communities are accurately maintained and updated to reflect the current conservation status of these entities. Furthermore, the Act mandates that the lists be reviewed and amended as necessary to correct inaccuracies or omissions, as demonstrated by the current Instrument. The legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches in this particular Instrument. However, it is important to note that the overarching Environment Protection and Biodiversity Conservation Act 1999 (Cth) does provide for a range of penalties for non-compliance. These can include substantial fines and imprisonment for individuals and corporations found guilty of contravening the Act's provisions. The penalties vary depending on the severity of the breach, with maximum penalties potentially reaching up to millions of dollars for corporations and significant fines or imprisonment for individuals, depending on the nature and extent of the offence. The Act also allows for civil remedies and enforcement actions to be taken by authorised officers to ensure compliance with environmental protection and biodiversity conservation measures.