Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. Section 178 of the Act requires the Minister for the Environment to establish a list of threatened species, which is categorised into six groups: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act aims to conserve Australia’s biodiversity by enabling the protection of threatened species and ecological communities. The policy objective of the Act is to ensure that native species facing a significant risk of extinction are identified and appropriate measures are taken to mitigate these risks. The legislative instrument under the Act, issued by the Minister for the Environment, amends the list of threatened species to include Rhodomyrtus psidioides in the Critically Endangered category due to severe infection from the exotic rust fungus Myrtle rust, which poses an extremely high risk of extinction in the wild.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to all persons, entities, and industries within the Commonwealth of Australia, governing conduct and transactions that impact the environment and biodiversity. This Act provides for the protection and conservation of threatened species, and includes mechanisms for the establishment and amendment of a list of threatened species, categorised into Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act mandates that the Minister for the Environment must amend the list by including or transferring items in accordance with prescribed criteria, and requires consultation with the Threatened Species Scientific Committee and public review. The Act's jurisdiction extends nationally, and it may be further specified through subordinate instruments, including the Environment Protection and Biodiversity Conservation Regulations 2000. This particular amendment involves the inclusion of Rhodomyrtus psidioides in the Critically Endangered category due to the severe impact of Myrtle rust, and ensures compliance with human rights standards as declared in relevant international instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) sets out the framework for protecting the environment and conserving biodiversity, including threatened species. Under section 178(1) (239), the Minister for the Environment is required to establish a list of threatened species, which includes categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act allows for the amendment of this list through legislative instruments, as outlined in section 184(a). In this case, the Minister has used this authority to include Rhodomyrtus psidioides in the Critically Endangered category, due to its severe infection from the exotic rust fungus Myrtle rust, which threatens both mature individuals and seedlings. This decision was made in accordance with the criteria specified in the Environment Protection and Biodiversity Conservation Regulations 2000, particularly Regulation 7.01. The Act imposes certain obligations on the Minister regarding the inclusion of species on the threatened species list. Section 186(1) mandates that the Minister must not include a native species in any particular category unless satisfied that the species is eligible, in line with the prescribed criteria. Section 179(3) specifies that a species is eligible for the critically endangered category if it is facing an extremely high risk of extinction in the wild in the immediate future. The Minister was satisfied that Rhodomyrtus psidioides met these criteria based on the assessment by the Threatened Species Scientific Committee. Additionally, the process for making amendments to the List involves obtaining advice from the Scientific Committee, as required by section 189(1), and providing public notice and opportunity for comment for a minimum of 30 business days, as per section 194M(3). Breaching the provisions of the Act can result in various civil and criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, the Act generally provides for penalties that can include fines and imprisonment. For example, section 488 of the Act imposes penalties for damaging or destroying habitat or threatening the survival of listed species, with maximum penalties of up to $330,000 for individuals and $1.65 million for corporations, depending on the severity of the breach. It is important for parties and entities governed by the Act to comply with its provisions to avoid these potential penalties and to contribute to the conservation of biodiversity and the protection of threatened species.