Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced by the Australian Parliament to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. The Act establishes a framework for the listing and protection of threatened species, including those in the Critically Endangered category, through a legislative instrument. This particular legislative instrument, F2021L00209, amends the list of threatened species under the Act by including Spyridium fontis-woodii, also known as Woods Well Spyridium, in the Critically Endangered category. The inclusion of this species in the list aims to address its severely fragmented occurrence, continuing decline in habitat, and the threat of extinction due to its restricted area of occupancy and geographic distribution. By listing the species, the Act seeks to provide protection and facilitate Commonwealth investment in recovery actions to mitigate the risk of extinction in the wild. The decision to list the species was made following consultations with the Threatened Species Scientific Committee and a public consultation period, ensuring that the inclusion met the eligibility criteria under the Act and its associated regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection and conservation of threatened species, including the establishment of a list of threatened species that the Minister for the Environment manages by legislative instruments. The Act extends its jurisdiction across the Commonwealth of Australia and applies to native species that meet specified criteria for inclusion in categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The amendment to the list of threatened species under section 178 of the EPBC Act, as exemplified by the inclusion of Spyridium fontis-woodii in the Critically Endangered category, is made after consultation with the Threatened Species Scientific Committee and a public consultation period. The listing of this species is justified by its restricted area of occupancy, fragmented geographic distribution, and a continuing decline in habitat and number of populations and individuals. The Act does not specify exclusions or exemptions for the listing process, but rather focuses on the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000. Subordinate instruments may further detail the application and enforcement of the Act's provisions regarding threatened species.

Key Provisions

The main operative sections of the legislative instrument pertain to the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) list of threatened species. Specifically, section 178 of the Act mandates the establishment of a list of threatened species divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Under section 184(a), the Minister has the authority to amend this list by including species in accordance with Subdivision AA. The present instrument utilises this power to include Spyridium fontis-woodii, also known as Wells Wood Spyridium, in the Critically Endangered category. This inclusion is based on the species’ restricted area of occupancy, severe fragmentation, and ongoing decline in habitat and population numbers. The obligations imposed by this legislative instrument on the relevant parties primarily revolve around the protection and conservation of the listed species. The Act, through section 186(1), stipulates that the Minister must not include a native species on the List unless satisfied it is eligible to be included in that particular category. For a species to be eligible for the Critically Endangered category, it must face an extremely high risk of extinction in the wild in the immediate future, as determined by the criteria set out in Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister, in making this instrument, was required to obtain and consider advice from the Threatened Species Scientific Committee, as mandated by section 189(1) of the Act. Additionally, public consultation was mandated for a minimum of 30 business days as per subsection 194M(3) of the Act. In terms of breaches and penalties, the legislative instrument does not explicitly detail specific offences or penalties for non-compliance with the listing of Spyridium fontis-woodii as a Critically Endangered species. However, under the broader framework of the Act, unauthorised actions that adversely affect listed species could result in both civil and criminal penalties. For example, under section 474, a person can be fined up to the greater of $210,000 or three times the benefit obtained from the contravention, or imprisoned for up to five years, or both, for engaging in activities that harm listed threatened species. The Act also provides for offences related to the destruction of habitat or interference with the survival of listed species, with corresponding penalties that may include substantial fines and imprisonment. This legislative instrument, therefore, ensures that Spyridium fontis-woodii receives the necessary protection and conservation efforts by formally listing it as Critically Endangered, thereby enabling targeted recovery actions and regulatory oversight.