Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide 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 Act provides for a list of threatened species separated into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act allows the Minister for the Environment, through legislative instruments, to amend this list, as provided in section 184 of the Act. The explanatory statement issued under the authority of the Minister for the Environment indicates that the purpose of the legislative instrument F2014L00081 is to amend the list by including certain species in the critically endangered or endangered categories, and by transferring some species between categories. This amendment process involved consultation with the Threatened Species Scientific Committee, the public, and relevant state and territory governments. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to all persons, entities, industries, and conduct within Australia, ensuring that actions which may impact the environment and biodiversity are regulated. This Act encompasses a broad range of activities and entities, including federal and state government actions, corporations, and individuals, and extends to any conduct that might affect matters of national environmental significance. The Act's jurisdiction is national, providing a unified approach to environmental protection across the Commonwealth. Notably, certain exclusions and exemptions may apply, particularly where other legislation already provides adequate protection or where specific thresholds are not met. The Act also allows for the creation of subordinate instruments, which can extend or restrict its application, providing flexibility in addressing specific environmental issues. This legislative framework is vital for the protection and conservation of Australia's unique biodiversity, including threatened species as outlined in the Act.

Key Provisions

The main operative sections of the legislation are sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 178 establishes the list of threatened species, categorising them as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 empowers the Minister to amend this list via legislative instrument, allowing for the addition, deletion, or transfer of species between categories. This particular instrument, F2014L00081, exercises this power by amending the list to include several species in the critically endangered and endangered categories, and by transferring others between these categories. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates the Threatened Species Scientific Committee to evaluate and recommend species for inclusion on the threatened species list. The Committee must undertake public consultation and seek views from state and territory governments before making recommendations to the Minister. Furthermore, the Act requires the Minister to consider the Committee's assessments when making amendments to the list. The process must also include a period for public comment, which was 30 business days in this case. In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline penalties for failing to comply with the provisions related to the threatened species list. However, non-compliance with broader environmental protection provisions can lead to substantial fines and imprisonment. For example, under section 509 of the Act, a person can be fined up to AUD 66,000 or imprisoned for up to two years, or both, for engaging in activities that harm listed threatened species or their habitats. These provisions underscore the importance of adhering to the legislative requirements for the protection and conservation of biodiversity.