Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act establishes a list of threatened species that the Minister must maintain, separated into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Recently, the Act was amended to transfer the species Notomys aquilo from the Vulnerable category to the Endangered category, reflecting its highly restricted geographic distribution and the very high risk of extinction in the wild in the near future. This amendment was made by legislative instrument under section 178 of the Act and follows consultation with the Threatened Species Scientific Committee, which assessed the species as eligible for transfer. The legislative instrument also ensures compatibility with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection and conservation of biodiversity, including the listing and management of threatened species. The Act provides the framework under which the Minister for the Environment can establish and amend a list of threatened species. This legislative instrument, F2021L00340, specifically concerns the amendment of the list of threatened species by transferring Notomys aquilo from the Vulnerable category to the Endangered category. The instrument is applicable nationally across Australia, extending its reach to all jurisdictions and entities subject to Commonwealth environmental laws. The Act mandates that before any amendments are made to the list, the Minister must consult with the Threatened Species Scientific Committee and consider public comments, as outlined in the Act. The instrument itself does not introduce any exclusions or exemptions beyond those already stipulated within the EPBC Act and its subordinate regulations. The legislative instrument operates under the authority granted by sections 178 and 184(c) of the EPBC Act, and it commences the day after registration. This amendment is a response to the need for enhanced protection for species facing a very high risk of extinction in the wild in the near future, as determined by the prescribed criteria in the Environment Protection and Biodiversity Conservation Regulations 2000.

Key Provisions

The legislative instrument F2021L00340 amends the Environment Protection and Biodiversity Conservation Act 1999 by transferring the species Notomys aquilo from the Vulnerable category to the Endangered category on the list of threatened species (sections 178 and 184(c)). This amendment is based on the species' highly restricted geographic distribution and the need for increased protection and investment in its recovery. The Environment Protection and Biodiversity Conservation Act 1999, in section 178(1), mandates the Minister to establish a list of threatened species categorised as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Minister's authority to transfer species within these categories is outlined in section 184(c), provided the species meets the eligibility criteria set out in section 179(4) and the Regulations. The Minister must ensure that the species is not critically endangered and faces a very high risk of extinction in the wild in the near future, as per Regulation 7.01. Under the Act, the Minister is required to consult with the Threatened Species Scientific Committee and provide the public with an opportunity to comment on the proposed amendment for a minimum of 30 business days, as stipulated in sections 189(1) and 194M(3). The Scientific Committee prepared an assessment confirming the eligibility of Notomys aquilo for transfer to the Endangered category, which was then considered by the Minister alongside public comments. The Minister concluded that the species met the criteria for inclusion in the Endangered category, thereby necessitating the legislative amendment. The instrument is compatible with human rights, as it does not infringe upon any rights or freedoms declared in international instruments. The Act imposes specific obligations on the parties and entities it governs, particularly regarding the protection and conservation of threatened species. The Minister must ensure that species listed under the Act are eligible for their respective categories based on the criteria outlined in the Act and Regulations. This involves obtaining scientific advice and considering public comments. The Minister is also responsible for ensuring that species are not included in a particular category unless they meet the eligibility criteria. Failure to adhere to these obligations can result in legal consequences. The Act does not specify particular offences or penalties for non-compliance with these obligations; however, breaches may lead to legal challenges and the potential for court-ordered remedies. The Minister's decisions must be consistent with the criteria and processes set out in the Act and Regulations, ensuring that the listing and transfer of species are based on sound scientific evidence and public input.