Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the protection and conservation of the nation's biodiversity, including the listing and safeguarding of threatened species. The Act empowers the Minister for the Environment to establish and amend a list of threatened species through legislative instruments, ensuring that species facing significant risks to their survival are identified and protected. The policy objective behind this legislative framework is to mitigate the extinction risk of native species by providing a legal mechanism for their protection and facilitating coordinated recovery efforts. In line with this objective, the Act mandates the Minister to consult with the Threatened Species Scientific Committee and to allow for public consultation before making amendments to the list of threatened species. The legislative instrument in question amends the list of threatened species under section 178 of the EPBC Act by including Antrophyum austroqueenslandicum (Lamington Ox Tongue Fern) in the Critically Endangered category. This inclusion is based on the species' severely restricted area of occupancy, fragmented geographic distribution, and a continuing decline in habitat and population. By listing this species, the Act aims to provide it with legal protection and enable Commonwealth investment in its recovery. The decision to include the species was made after considering the Scientific Committee's assessment and public consultation, ensuring that the amendment aligns with the Act's provisions and the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection and conservation of threatened species within Australia and its territories. This Act, administered by the Minister for the Environment, mandates the creation and maintenance of a list of threatened species, which includes categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act covers native species across Australia, including territories, and is not restricted to any particular industry or entity, although its provisions may indirectly affect various sectors, such as agriculture, mining, and forestry. The Act’s provisions may be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the listing criteria and processes. This particular amendment to the list of threatened species, under section 178 of the Act, adds Antrophyum austroqueenslandicum (Lamington Ox Tongue Fern) to the Critically Endangered category, reflecting its severe environmental threats and the need for urgent conservation measures.

Key Provisions

The main operative sections of the legislative instrument are sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 178(1) requires the Minister for the Environment to establish a list of threatened species, categorised into six groups: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend this list by including species in one of these categories through a legislative instrument. The instrument currently proposes to add Antrophyum austroqueenslandicum, also known as the Lamington Ox Tongue Fern, to the list in the Critically Endangered category, based on its restricted geographic distribution and declining population. The Act imposes several obligations on the Minister when amending the list of threatened species. Firstly, the Minister must ensure that any species added to the list is eligible for inclusion in the proposed category, as outlined in subsection 186(1). For Critically Endangered species, this means the species must face an extremely high risk of extinction in the wild in the immediate future, as determined by the criteria in Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister must also consult with the Threatened Species Scientific Committee, as required by subsection 189(1), and consider any relevant advice and public comments received, in accordance with subsection 194M(3). The Minister must also ensure that any changes to the list are compatible with human rights, as stipulated by the Human Rights (Parliamentary Scrutiny) Act 2011. The legislative instrument outlines several potential consequences for breaches of the Act, although specific offences, penalties, or consequences for this particular amendment are not detailed in the text. Generally, the Act provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties can include fines up to the maximum prescribed by the Act for various offences, such as damaging or destroying listed threatened species or their habitats. Criminal penalties may also apply, with fines and imprisonment terms varying depending on the severity and nature of the offence. For example, knowingly taking, injuring, or killing a listed threatened species can result in fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment for up to five years. The Act also allows for the imposition of injunctions and other court orders to prevent further breaches.