Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. This Act provides the legislative framework for the establishment of a list of threatened species, which is maintained and updated by the Minister for the Environment through legislative instruments. The purpose of the legislative instrument F2021L00179 is to amend the list of threatened species under section 178 of the EPBC Act by including the species Uperoleia mahonyi in the Endangered category. The inclusion of this species is based on its highly restricted distribution and severely fragmented habitat, which pose a very high risk of extinction in the wild in the near future. By listing the species under the EPBC Act, the government aims to provide it with necessary protections and enable Commonwealth investment in recovery actions to mitigate these threats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection and conservation of biodiversity, including threatened species within Australia. This federal Act enables the Minister for the Environment to establish and amend a list of threatened species, which is divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act applies to any person or entity involved in activities that may impact listed threatened species, extending its reach across all states, territories, and Commonwealth areas. The Act’s provisions can be further detailed through subordinate legislation, which may refine the application and enforcement of the Act. In the case of the legislative instrument F2021L00179, the purpose is to include the species Uperoleia mahonyi in the Endangered category of the list, providing it with additional protections and facilitating Commonwealth investment in recovery actions. The instrument adheres to the statutory processes for amending the list, including consultation with the Threatened Species Scientific Committee and public comment periods. The Act ensures that any amendments to the list are made with consideration of human rights, as evidenced by the compatibility statement indicating that the legislative instrument does not engage any applicable rights or freedoms.

Key Provisions

The main operative sections of this legislation are sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 178 requires the Minister to establish a list of threatened species, categorised into Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend this list by including items, subject to the criteria specified in the Act and its regulations. In this case, the legislation seeks to amend the list by adding Uperoleia mahonyi to the Endangered category, based on its eligibility criteria under the Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, subsection 186(1) mandates that the Minister must not include a native species on the List unless satisfied it is eligible for inclusion in the relevant category. For endangered species, this eligibility is determined by the species not being critically endangered and facing a very high risk of extinction in the wild in the near future, as per the criteria outlined in Regulation 7.01 of the Regulations. Secondly, the Act requires consultation with the Threatened Species Scientific Committee (subsection 189(1)) and provides for public consultation as outlined in subsection 194M(3). This ensures that any amendments to the list are supported by scientific advice and public input. The legislation includes provisions for offences, penalties, or civil/criminal consequences for breaches, although specific penalties are not detailed in this explanatory statement. Generally, under the Act, unauthorised actions that negatively impact listed threatened species or their habitats can result in significant penalties. For instance, causing harm to a listed species can lead to fines and imprisonment. The precise penalties would be determined in accordance with the relevant provisions of the Act and other applicable laws. In summary, this legislation amends the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 by including Uperoleia mahonyi in the Endangered category. It imposes obligations on the Minister to follow eligibility criteria and consultation processes, and it sets out the framework for potential penalties for non-compliance with the Act's provisions concerning threatened species.