EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(d)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Section 178 of the Act provides for a list of threatened species (the List) separated into particular categories being extinct, extinct in the wild, critically endangered, endangered, vulnerable and conservation dependent.
Section 184(1)(d) of the Act provides for correcting an inaccuracy or updating the name of a listed species or ecological community.
The purpose of this Instrument is to amend the list by:
- correcting an inaccuracy by deleting 25 species from the endangered category which are duplicates due to not being removed when these species were included in the critically endangered category on 5th October 2001; and
- correcting an inaccuracy by amending the name of Arthrochilus huntianus supsp nothofagicola Myrtle Elbow Orchid to Arthrochilus huntianus subsp. nothofagicola in the critically endangered category.
Background
Section 178 of the EPBC Act provides that at the commencement of the EPBC Act the Minister must establish a list of threatened species, containing only the species contained in Schedule 1 of the Endangered Species Protection Act 1992 (Cth) (ESP Act) as in force immediately before the commencement of the EPBC Act.
At the commencement of the list on 16 July 2000, the following 25 species were included in the list in the endangered category: Argentipallium spiceri, Arthrochilus huntianus subsp nothofagicola, Caladenia anthracina, Caladenia campbellii, Caladenia lindleyana, Caladenia pallida, Caladenia saggicola, Caladenia sylvicola, Caladenia tonellii, Epacris stuartii, Euphrasia fragosa, Euphrasia gibbsiae subsp psilantherea, Genoplesium firthii, Lomatia tasmanica, Phebalium daviesii, Prasophyllum castaneum, Prasophyllum favonium, Prasophyllum milfordense, Prasophyllum olidum, Prasophyllum perangustum, Prasophyllum pulchellum D.L.Jones ms, Prasophyllum stellatum, Pterostylis commutata, Pterostylis wapstrarum and Tetratheca gunnii. On 5 October 2001 all 25 species were relisted in the critically endangered category but not removed from the endangered category. As a result, the species have been listed in two categories and require deletion from the endangered category.
When Arthrochilus huntianus subsp. nothofagicola was listed, a typographical error occured and it was incorrectly recorded as Arthrochilus huntianus supsp nothofagicola.
Consultation
In accordance with section 184(1)(d) consultation was not required to be undertaken before the instrument was made.
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument is taken to have commenced on 5 October 2001.
The retrospective commencement of this instrument does not contravene subsection 12(2) of the Legislative Instruments Act 2003 because it does not impose any detriment on a person, or remove any rights from a person, with retrospective effect.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is the primary legislation for the protection of the environment and conservation of biodiversity in Australia. Enacted by the Australian Parliament, the Act aims to safeguard threatened species and ecological communities. An instrument under section 184(1)(d) of this Act was issued to correct inaccuracies in the listing of threatened species. Specifically, this instrument was introduced to address the issue of 25 species that were incorrectly listed in both the endangered and critically endangered categories due to an oversight in 2001. Additionally, it rectifies a typographical error in the name of the Myrtle Elbow Orchid, changing it from Arthrochilus huntianus supsp nothofagicola to Arthrochilus huntianus subsp. nothofagicola. This instrument ensures that the list of threatened species is accurate and reflects the correct conservation status of each species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, administered by the Commonwealth of Australia, primarily targets entities and individuals involved in activities that may affect the environment and biodiversity, including threatened species. This Act applies to all actions and conduct that may lead to the degradation or alteration of Australia's biodiversity, requiring compliance with provisions aimed at conservation and protection. The Act's geographic reach is national, extending its influence across all states and territories within Australia. This instrument, under section 184(1)(d), specifically amends the list of threatened species by correcting inaccuracies and updating species names to ensure the integrity of the conservation records. It removes 25 species erroneously listed under both the endangered and critically endangered categories and corrects the name of a specific species within the critically endangered category. The instrument extends the application of the Act by ensuring that the listed species reflect accurate conservation statuses, thus maintaining the effectiveness of the legislative framework for environmental protection.
Key Provisions
The primary operative sections of this legislation concern the correction of inaccuracies within the list of threatened species as outlined in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 184(1)(d) allows the Minister to amend the list of threatened species to correct inaccuracies or update names. In this instance, the Act removes 25 species from the endangered category, as they were erroneously included after being relisted in the critically endangered category on 5 October 2001. Additionally, the name of Arthrochilus huntianus subsp nothofagicola Myrtle Elbow Orchid is corrected to Arthrochilus huntianus subsp. nothofagicola in the critically endangered category. These amendments aim to ensure that the list accurately reflects the conservation status of these species.
The Act imposes several obligations on the relevant parties. Firstly, the Minister must maintain an accurate and up-to-date list of threatened species, which includes removing duplicate listings and correcting any typographical errors. The Minister is also required to ensure that the list reflects the most current scientific data and conservation status of species. Additionally, the Act mandates that any changes to the list must be made through a legislative instrument, as per section 184(1)(d). This ensures that any amendments are formally documented and can be easily referenced.
There are no explicit offences, penalties, or civil/criminal consequences outlined in this legislation for breaches related to the listing of threatened species. However, failure to adhere to the requirements of the EPBC Act, such as not maintaining an accurate list, could lead to broader legal and administrative consequences. These might include non-compliance with environmental regulations, which could result in fines or other penalties under different sections of the Act. The importance of maintaining accurate records and adhering to legislative requirements cannot be overstated, as it supports the overarching goal of protecting and conserving biodiversity.