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 (255)
Background
The Environment Protection and Biodiversity Conservation Act 1999 (Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Subsection 178(1) of the Act provides that the Minister must, by legislative instrument, establish a list of threatened species (List) separated into the following categories: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable and Conservation Dependent.
Paragraph 184(a) of the Act relevantly provides that the Minister may, by legislative instrument, amend the List referred to in section 178 by including items within the List in accordance with Subdivision AA.
The species being included on the List met the criteria for listing in the relevant category under the EPBC Regulations (see below).
Purpose of Instrument
The purpose of this Instrument is to amend the List by:
- Including Persoonia mollis subsp. revoluta in the Vulnerable category in the List.
The main threats affecting the species are its severely restricted distribution, low number of populations and number of mature individuals.
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 it is facing a high risk of extinction in the wild in the medium-term future, as determined in accordance with the prescribed criteria.
The Minister was satisfied the species being included in the List in the Vulnerable category met the requisite 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.
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.
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 Threatened Species Scientific Committee (Committee) as part of the assessment process.
The Committee prepared a written assessment of whether the nominated species was eligible for inclusion on the List. The Committee assessed the Persoonia mollis subsp. revoluta as eligible for inclusion in the Vulnerable category in the List.
In making this instrument, the Minister considered the 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 and 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 (255) 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 Persoonia mollis subsp. revoluta in the Vulnerable category in the List.
The species being included in 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) was enacted to provide for the protection of the environment and conservation of biodiversity, including threatened species. Pursuant to this Act, the Minister for the Environment has the authority to amend the list of threatened species, ensuring that native species facing significant risks of extinction are appropriately identified and protected. In accordance with this mandate, the Minister has recently amended the list to include Persoonia mollis subsp. revoluta in the Vulnerable category, reflecting the species' severely restricted distribution and low population numbers. This amendment was made following consultation with the Threatened Species Scientific Committee and public consultation, in line with the legislative requirements of the EPBC Act. The inclusion of Persoonia mollis subsp. revoluta on the List aims to enhance its protection and facilitate targeted conservation efforts to mitigate the identified threats.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a comprehensive framework for the protection of the environment and the conservation of biodiversity in Australia, including the protection and conservation of threatened species. Section 178 of the EPBC Act mandates the establishment of a list of threatened species, which is divided into categories such as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Under section 184(a) of the Act, the Minister for the Environment has the authority to amend this list through legislative instruments, ensuring that the list remains current and reflective of the conservation status of various species. The legislative instrument F2021L00813 amends the list by including Persoonia mollis subsp. revoluta in the Vulnerable category, based on its severely restricted distribution, low number of populations, and number of mature individuals. The amendment process involved consultation with relevant stakeholders, including the Threatened Species Scientific Committee, and public comments were considered as per the requirements of the Act. This legislative instrument applies nationally across Australia, extending the protection and management obligations under the EPBC Act to the newly listed species. The Act’s provisions are designed to mitigate the threats faced by vulnerable species, ensuring their conservation and recovery.
Key Provisions
The main operative sections of this legislation involve the addition of Persoonia mollis subsp. revoluta to the Vulnerable category of the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 178 of the EPBC Act mandates the establishment of a list of threatened species, divided into various categories including Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(a) allows the Minister to amend this list by including species within the specified categories in accordance with Subdivision AA. The inclusion of Persoonia mollis subsp. revoluta in the Vulnerable category was determined based on the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations), specifically Regulation 7.01, which provides the criteria for classifying species as Critically Endangered, Endangered, or Vulnerable.
The obligations imposed by the Act on the parties or entities it governs primarily focus on compliance with the listed criteria for threatened species and adherence to the legislative processes outlined in the Act. Under section 186(1) of the EPBC Act, the Minister is required to ensure that a native species is only included on the List if it meets the eligibility criteria for the respective category. This involves a rigorous assessment process conducted by the Threatened Species Scientific Committee, which evaluates the eligibility of the species based on its risk of extinction. Additionally, section 194M(3) necessitates a minimum of 30 business days for public consultation before any amendments to the List are made. This ensures that any public comments relevant to the species' survival are considered in the decision-making process.
The legislation outlines specific offences and penalties for breaches of the Act, although the explanatory statement does not detail these explicitly. Generally, under the EPBC Act, breaches of the provisions related to the protection of threatened species can result in both civil and criminal penalties. For instance, damaging or destroying a listed species or its habitat can lead to substantial fines and, in some cases, imprisonment. The maximum penalties can vary significantly depending on the nature and severity of the offence, with more severe penalties typically reserved for deliberate or repeated violations. Compliance with the Act is crucial, as failure to adhere to its provisions can result in significant legal consequences for individuals and entities involved in activities that impact listed species.