EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (233)
Background
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Section 178 of the Act provides for a list of threatened species (the List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.
Section 184(a) of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List.
The species being included on List met the criteria for listing in the Vulnerable category under the EPBC Regulations.
Purpose of Instrument
The purpose of this Instrument is to amend the List by:
- Including Nannoperca australis Murray-Darling Basin Lineage (Southern Pygmy Perch) to the Vulnerable category
Subsection 186(1) of the Act provides that the Minister must not include a native species on the List (whether as a result of a transfer or otherwise) in a particular category unless satisfied it is eligible to be included in that category.
Subsection 179(5) of the Act provides that a native species is eligible to be included in the Vulnerable category at a particular time if, at that time it is not critically endangered or endangered; and (b) it is facing a high risk of extinction in the wild in the medium-term future, as determined in accordance with the prescribed criteria.
Regulation 7.01 of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) relevantly provides that for subsection 179 of the Act, a native species is in the critically endangered, endangered or vulnerable category if it meets any of the five criteria for the category mentioned in the table to that provision.
The Minister was satisfied the species being included on the List in the Vulnerable category on the List met the requisite criteria.
Consultation
The process for making amendments to the List to include or transfer an item is set out in Part 13, Division 1, Subdivision AA of the Act. Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act.
Subsection 189(1) provides that the Minister must obtain and consider advice from the Threatened Species Scientific Committee (the Scientific Committee), in deciding whether to make an amendment covered by paragraph 184(a).
Notice of the proposed amendment and a consultation document was made available for public comment for a minimum of 30 business days as required by subsection 194M(3). Any public comments received that were relevant to the survival of the species were considered by the Scientific Committee as part of the assessment process.
The Scientific Committee also conducted targeted consultation with relevant experts regarding their views including:
- relevant researchers from Australian universities
- relevant state and territory governments
- relevant non-government organisations.
The Scientific Committee prepared a written assessment of whether the nominated species was eligible for including on the List. The Committee assessed the Nannoperca australis Murray-Darling Basin Lineage as eligible for inclusion on the List in the Vulnerable category.
In making this instrument, the Minister considered the Scientific Committee’s written assessment and the comments received during the consultation period in accordance with Part 13, Division 1, Subdivision AA of the EPBC Act.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The Instrument commences the day after registration.
Authority: sections 178 and 184(a) of the Environment Protection and Biodiversity Conservation Act 1999.
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011 Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (233) This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Legislative Instrument The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species to: - Include one species in the Vulnerable category (Nannoperca australis Murray-Darling Basin Lineage)
The species being included on the list met the criteria for listing in the relevant category under the EPBC Regulations. Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms. Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of legislation aimed at protecting the environment and conserving biodiversity in Australia, including threatened species. Enacted by the Commonwealth Parliament, the EPBC Act establishes a framework for the protection of the environment, with a particular focus on threatened species. Section 178 of the Act allows the Minister for the Environment to amend the list of threatened species through legislative instruments, ensuring that the list is updated to reflect the current conservation status of various species. The policy objective behind this provision is to provide a mechanism for timely and evidence-based updates to the conservation status of species, ensuring that appropriate protective measures are in place.
The legislative instrument in question amends the list of threatened species under section 178 of the EPBC Act by including the Nannoperca australis Murray-Darling Basin Lineage (Southern Pygmy Perch) in the Vulnerable category. This amendment was made following a rigorous process of consultation and expert assessment, including input from the Threatened Species Scientific Committee and relevant stakeholders. The inclusion of the species in the Vulnerable category recognises its high risk of extinction in the wild in the medium-term future, as determined by the prescribed criteria under the EPBC Regulations. This amendment aligns with the overarching policy objective of the EPBC Act to protect and conserve Australia's biodiversity and ensure the survival of vulnerable species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all individuals, entities, industries, and conduct within Australia that may impact the environment or biodiversity, providing a framework for the protection and conservation of the nation's natural heritage. The Act's jurisdictional reach is national, overseen by the Commonwealth, and its provisions extend to all states, territories, and external territories of Australia. The Act includes mechanisms to amend the list of threatened species, such as the inclusion of the Nannoperca australis Murray-Darling Basin Lineage (Southern Pygmy Perch) in the Vulnerable category, which is executed through legislative instruments. These amendments are subject to rigorous criteria and consultation processes, including obtaining advice from the Threatened Species Scientific Committee and public consultation as required by the Act. The Act does not specify any exclusions or exemptions but allows for the Minister to exclude certain actions from its application through subordinate instruments. The instrument concerning the inclusion of the Southern Pygmy Perch in the Vulnerable category commenced the day after its registration, enforcing the national commitment to biodiversity conservation.
Key Provisions
The primary operative section of this legislation (Section 178) authorises the Minister to amend the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999. This amendment process involves adding a species to one of the specified categories: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, or Conservation Dependent. In this instance, the species Nannoperca australis Murray-Darling Basin Lineage (Southern Pygmy Perch) has been added to the Vulnerable category (Section 178). This addition is based on the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, which include specific benchmarks for determining whether a species is critically endangered, endangered, or vulnerable.
The Act imposes obligations on the Minister to ensure that any inclusion of a native species on the list of threatened species is justified and meets the criteria for the category in question. Specifically, Subsection 186(1) mandates that the Minister must be satisfied that the species is eligible for inclusion in the designated category. Furthermore, Subsection 179(5) specifies that a species is eligible for the Vulnerable category if it is not critically endangered or endangered but faces a high risk of extinction in the wild in the medium-term future, as determined by prescribed criteria. The Minister must obtain and consider advice from the Threatened Species Scientific Committee (Subsection 189(1)) and make notice of the proposed amendment available for public comment for at least 30 business days (Subsection 194M(3)).
Breaches of the obligations outlined in the Act may lead to various legal consequences. While the specific penalties are not detailed in the explanatory statement, it is implied that non-compliance with the listing criteria or procedural requirements could result in legal challenges or other enforcement actions. The Act provides a framework for the protection and conservation of biodiversity, and failure to adhere to its provisions could lead to civil or criminal penalties. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and applicable laws.