Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. Pursuant to the authority granted under section 178 of the EPBC Act, the Minister for the Environment has issued an instrument amending the list of threatened species by including Asterolasia beckersii in the Critically Endangered category. This amendment was made in response to the species facing an extremely high risk of extinction in the wild due to factors such as habitat degradation and invasive species. The Minister considered the assessment from the Threatened Species Scientific Committee and public comments received during the consultation period before making the decision. The inclusion of Asterolasia beckersii on the threatened species list under the EPBC Act aims to provide protection to the species and enable Commonwealth investment in recovery action. The policy objective of the Act is to ensure the preservation of Australia's unique biodiversity and ecosystems by offering a legal framework to protect and conserve threatened species and their habitats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all individuals, entities, and industries within Australia, providing a comprehensive framework for the protection and conservation of biodiversity, including threatened species. 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 sections 178 and 186. The Minister for the Environment, through legislative instruments, is responsible for amending this list by adding or transferring species based on eligibility criteria set out in the EPBC Regulations. The Act’s jurisdictional reach extends nationally, ensuring uniform protection across all states and territories. Notably, this legislative instrument amends the list by adding Asterolasia beckersii to the Critically Endangered category, reflecting its extremely high risk of extinction due to habitat degradation and invasive species. The amendment process involves obtaining advice from the Threatened Species Scientific Committee and consulting the public, as mandated by the Act. The instrument ensures compliance with human rights by confirming its compatibility with international human rights standards, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions for the protection of threatened species, which are categorised in a list established by the Minister under section 178 (1). The Act has recently been amended by legislative instrument (F2021L00169) to include Asterolasia beckersii in the critically endangered category (section 178 and 184(a)). This means that the species is now formally recognised as being at an extremely high risk of extinction in the wild in the immediate future. The inclusion of Asterolasia beckersii in this category is in accordance with the criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulation 7.01). Under the Act, the Minister must not include a native species on the list unless satisfied it is eligible for inclusion in the relevant category (section 186(1)). In this case, the Minister considered the advice of the Threatened Species Scientific Committee (section 189(1)), which assessed that Asterolasia beckersii met the eligibility criteria for the critically endangered category, and the public comments received during the consultation period (section 194M(3)). The listing of the species aims to provide protection and enable Commonwealth investment in recovery actions to address the threats facing this species, such as habitat degradation and invasive species. The Act imposes obligations on parties or entities affected by the listing of a species. Firstly, any person who takes an action that is likely to have a significant impact on a listed threatened species or its critical habitat must obtain a approval from the Minister (section 187). Secondly, any person who takes an action that is likely to adversely affect a listed threatened species must obtain an approval from the Minister (section 188). For actions that are likely to have a significant impact on critical habitat, the approval must also consider the likely effect on the ecological processes that support the survival and recovery of the species (section 187(3)). The Act also includes provisions for the protection of critical habitat, which is defined as places or areas that are essential for the survival, recovery, or conservation of a listed threatened species (section 3.1 of the Regulations). Breaches of the Act can result in both civil and criminal penalties. Under section 226, any person who contravenes a provision of the Act in relation to a listed threatened species or critical habitat is guilty of an offence and liable to a fine of up to $375,000 for a corporation and $75,000 for an individual, or imprisonment for up to five years, or both. Under section 234A, any person who intentionally takes, injures, or kills an animal listed in the critically endangered category is guilty of an offence and liable to a fine of up to $500,000 for a corporation and $100,000 for an individual, or imprisonment for up to ten years, or both. These penalties reflect the seriousness of the threat facing Asterolasia beckersii and the importance of protecting this species and its critical habitat.