EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 192
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 192 of the Act provides that the Minister may, by legislative instrument, amend the List if the Minister is satisfied that a native species that is listed in the extinct category has been definitely located in nature since it was last listed as extinct. The Minister may, under section 184, transfer the species from the extinct category to another category without considering advice from the Scientific Committee.
The purpose of this Instrument is to amend the List by:
- transferring Oberonia attenuata from the extinct to the critically endangered category of the Act.
Background
The transfer results from the recent rediscovery of the species from the Mossman Gorge wet tropics region north Queensland. Reports indicate that there are currently approximately 200 individuals from one location adjacent to a creek.
Consultation
Consultation is not required under the Act prior to making the instrument. Section 17(1) of the Legislation Act 2003 states that rule-makes must be satisfied that there has been undertaken any consultation that is considered by the rule-maker to be appropriate. Consultation was not considered appropriate for this instrument as the making of the instrument is to provide protection for a previously considered extinct species.
Although not required consultation was undertaken as referred to in s17(2) with experts in the field who rediscovered the species and agree with the proposed instrument.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislation.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (XXX)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species by deleting 12 Queensland endemic flora species from the vulnerable category of the list.
These species have been deleted from the vulnerable category as they did not meet any criteria, because they are variously either protected in reserves, do not have limited populations, geographic distributions are not limited or precarious, or are not subject to threats, or in one case, does not meet the definition of a species under the EPBC Act as it is a hybrid.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for Sustainability, Environment, Water, Population and Communities
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide comprehensive protection for the environment and conservation of biodiversity, including the protection of threatened species. The Act established a list of threatened species, categorising them into various levels of risk, and provided mechanisms for their protection and management. This legislation was introduced to address the need for a unified framework to protect Australia’s biodiversity and ecosystems, particularly in light of increasing threats from human activities and environmental changes. The Act is administered by the Parliament of Australia and its policy objective is to ensure the protection and conservation of Australia's biodiversity and environmental heritage. The explanatory statement for the legislative instrument under section 192 of the Act details amendments made to the list of threatened species, reflecting changes in the status of certain species due to recent discoveries or reassessments of their conservation status.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth legislation that applies across Australia to protect the environment and conserve biodiversity, including threatened species. The Act governs the conduct of individuals, corporations, and entities involved in activities that may impact the environment and biodiversity. The Act's jurisdiction extends to all territories and states in Australia, ensuring a national approach to environmental protection and biodiversity conservation. This legislative instrument, made under section 192 of the Act, amends the list of threatened species by transferring Oberonia attenuata from the extinct to the critically endangered category. This amendment follows the rediscovery of the species in the Mossman Gorge wet tropics region in north Queensland. Notably, while consultation is not mandated under the Act for such amendments, it was undertaken with experts who rediscovered the species and support the proposed change. This legislative instrument commenced on the day after its registration on the Federal Register of Legislation and is compatible with human rights as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The key operative sections of this legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) include section 178, which governs the list of threatened species, and section 192, which allows the Minister to amend the list. Specifically, section 192 permits the Minister to transfer a species from the extinct category to another category if it has been definitely located in nature since its last listing as extinct (section 192). This instrument amends the List by transferring Oberonia attenuata from the extinct to the critically endangered category (section 184).
The Act imposes several obligations and requirements on the Minister and other entities. The Minister must be satisfied that a species listed as extinct has been definitely located in nature before transferring it to another category (section 192). Additionally, the Act mandates that the Minister can transfer a species from the extinct category to another category without requiring advice from the Scientific Committee (section 184). There are no consultation requirements under section 17 of the Legislation Act 2003 for this instrument, although consultation was undertaken with experts in the field.
This instrument also outlines the consequences of breaching the provisions of the Act. While specific penalties for breach are not detailed in this instrument, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, and criminal penalties can include imprisonment, reflecting the seriousness of the Act's provisions concerning the protection of threatened species. The Act ensures that activities which may harm listed species are regulated, with significant repercussions for non-compliance.