Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to protect and conserve the environment and biodiversity, including threatened species. The Act empowers the Minister to establish and amend a list of threatened species, categorising them into Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 178 of the Act mandates the Minister to create a legislative instrument for listing threatened species, while section 184(a) allows for amendments to this list. This legislative instrument specifically aims to add ten historically extinct species to the Extinct category on the list, following consultations with the Threatened Species Scientific Committee and public comment periods as stipulated in the Act. The instrument ensures compliance with human rights, as it does not interfere with any rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is Commonwealth legislation that provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. Under the Act, the Minister for the Environment is responsible for establishing a list of threatened species, which is divided into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. This legislative instrument amends the list by adding ten historically extinct species to the Extinct category. The inclusion of these species follows the criteria set out in the EPBC Regulations and was determined after consultation with the Threatened Species Scientific Committee and relevant experts. The amendment applies nationally across Australia, impacting all persons and entities subject to the EPBC Act. The instrument does not specify exclusions or exemptions, and its application is not extended or restricted by subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains provisions for the protection of the environment and the conservation of biodiversity, including the listing and protection of threatened species. Section 178(1) mandates the Minister to establish a list of threatened species, categorising them into Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act also allows the Minister to amend this list through legislative instruments (section 184(a)). The most recent amendment, made under section 178, involves adding ten species to the Extinct category, specifically Bettongia anhydra, Bettongia pusilla, Conilurus capricornensis, Notomys robustus, Perameles myosurus, Perameles notina, Perameles papillon, Pseudomys auritus, Pseudomys glaucus, and Pteropus brunneus. This decision was made in accordance with the criteria outlined in the EPBC Regulations, particularly the eligibility requirement for the Extinct category, which mandates that there is no reasonable doubt that the last member of the species has died. The Act imposes specific obligations on the Minister regarding the listing of species. Under subsection 186(1), the Minister must not include a native species in any category unless they are satisfied that the species meets the eligibility criteria for that category. For species to be included in the Extinct category, as per subsection 179(1), the Minister must be convinced there is no reasonable doubt that the last member of the species has died. The process for amending the list involves obtaining and considering advice from the Threatened Species Scientific Committee, as stipulated by subsection 189(1). Additionally, the Act requires the Minister to make a notice of the proposed amendment available for public comment for at least 30 business days, as mandated by subsection 194M(3). The Act does not explicitly state penalties for non-compliance with the listing requirements, but it implies serious consequences for improper inclusion or exclusion of species. Incorrect or negligent decisions could potentially lead to litigation, public scrutiny, and reputational damage to the Minister and relevant governmental bodies. Additionally, any failure to properly follow the legislative or procedural requirements could result in the amendment being challenged in court, potentially leading to the amendment being declared invalid. This underscores the importance of rigorous scientific assessment and consultation processes as stipulated in the Act.