Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. The Act aims to address the problem of species decline and extinction by providing a framework for the listing and protection of species at risk. Section 184 of the Act allows the Minister for the Environment to amend the list of threatened species by legislative instrument, which includes adding, deleting, or transferring species between categories. The policy objective of these amendments is to ensure that the list accurately reflects the conservation status of species, thereby facilitating appropriate conservation measures. This legislative instrument was made following consultation with the Threatened Species Scientific Committee and relevant state and territory governments, and after a period of public comment, in accordance with the processes outlined in the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to all persons, entities, industries, and conduct within Australia, aiming to protect the environment and conserve biodiversity. This includes the protection and conservation of threatened species, with specific provisions in the Act governing the listing and categorization of these species. The Act allows the Minister for the Environment to amend the List of threatened species by adding, deleting, or transferring species between categories, based on recommendations from the Threatened Species Scientific Committee. The Committee consults with the public and relevant state and territory governments before making recommendations. The legislative instrument F2014L00085, which amends the List, includes Genoplesium baueri in the endangered category and transfers Phlegmariurus squarrosus to the critically endangered category, following a period of public consultation and assessment. This instrument, made under the authority of the Act, commenced upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The main provisions of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) relevant to this legislation are Sections 178 and 184. Section 178 establishes a list of threatened species, which are categorised as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 allows the Minister to amend this list by legislative instrument, including adding, deleting, or transferring species between categories. This particular legislative instrument amends the list by adding Genoplesium baueri to the endangered category and transferring Phlegmariurus squarrosus from the endangered to the critically endangered category. The Act imposes several obligations on the parties it governs. Firstly, it requires the Threatened Species Scientific Committee (the Committee) to assess the eligibility of species for inclusion in the threatened species list. This assessment process involves seeking public comment and considering relevant state and territory governments' views. Additionally, the Minister must consider the Committee's written assessments and any received comments before making amendments to the list by legislative instrument. These obligations ensure a thorough and transparent process for determining the conservation status of species. The legislation also outlines the consequences of breaches related to threatened species. Although specific offences and penalties are not detailed in this instrument, breaches of the Act generally could result in civil or criminal penalties. For instance, unauthorised harm to a listed threatened species could lead to fines or imprisonment. The Act's overarching purpose is to protect and conserve biodiversity, and penalties serve to enforce compliance and deter non-compliance with the Act's provisions. The legislative instrument was developed following a formal consultation process as mandated by the Act. The Committee sought public comment on the eligibility of the nominated species, with a 30-business-day period for Genoplesium baueri and a 12-month period for Phlegmariurus squarrosus. Public comments were considered along with assessments from the Committee and feedback from state and territory governments. This comprehensive consultation ensures that amendments to the threatened species list are based on the best available scientific evidence and public input. The legislative instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It came into effect the day after it was registered on the Federal Register of Legislative Instruments. This registration ensures that the instrument is legally binding and that the amendments to the threatened species list are formally recognised and enforceable under the Act.