Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of threatened species. The Act establishes a list of threatened species, categorised into various levels of risk such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. In response to taxonomic revisions and orthographic corrections, the Act allows the Minister or a delegate to amend the list of threatened species to correct inaccuracies or update species names through a legislative instrument. This process ensures that the list remains accurate and reflective of current scientific understanding. The Explanatory Statement issued under the authority of the Minister for the Environment and Energy clarifies that the legislative instrument under section 184(1)(d) of the Act aims to correct and update the scientific names of certain threatened species without altering their conservation status or descriptions. The policy objective here is to maintain the integrity and accuracy of the threatened species list, facilitating better targeted conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals and entities within the Commonwealth of Australia, as well as to any actions or transactions that may impact on matters of national environmental significance or biodiversity, including threatened species. This Act provides for the protection and conservation of biodiversity and allows the Minister or delegate to amend the list of threatened species, which is categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable and conservation dependent species. This legislative instrument, F2016L01876, amends the List by correcting and updating the scientific names of threatened species, ensuring taxonomic accuracy and correcting orthographic errors, without altering the concept or description of the relevant species. The changes made under this instrument do not require public consultation as they do not substantially alter the List. The instrument came into effect on the day after it was registered on the Federal Register of Legislation. It is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of this legislative instrument are those that facilitate amendments to the List of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Section 184(1)(d) of the Act allows the Minister or a delegate to amend the List to correct inaccuracies or update the names of listed threatened species. This legislative instrument specifically exercises this power to correct the scientific names of certain threatened species as per section 184(1)(d). The List, which is referenced in section 178, categorises species into different levels of threat, such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act imposes obligations on the Minister or delegate to ensure that the List of threatened species is accurate and up to date. This includes seeking advice from the Threatened Species Scientific Committee, as required by section 189(1) of the Act, before making any amendments. In this case, the Committee's advice was considered and their recommendation was to approve the name changes. Additionally, the Legislation Act 2003 requires the rule-maker to undertake any consultation deemed appropriate, although in this instance, public consultation was not deemed necessary due to the nature of the amendments being purely corrective. Breach of the provisions in this legislative instrument may result in civil or criminal consequences, though the Act itself does not specify penalties for such breaches. However, the broader Environment Protection and Biodiversity Conservation Act 1999 (Cth) does provide for penalties for non-compliance with its provisions. For example, offences related to the protection of threatened species can result in fines and imprisonment. The maximum penalties for offences under the EPBC Act can vary depending on the nature and severity of the breach, but they can include substantial fines and imprisonment terms that reflect the seriousness of the environmental harm caused. In summary, this legislative instrument updates the names of certain threatened species listed under the EPBC Act, ensuring that the List remains accurate and reflective of current taxonomic understanding. It imposes a responsibility on the Minister or delegate to maintain the integrity of the List and to seek expert advice before making amendments. While the specific penalties for breaches of this instrument are not detailed, the overarching Act provides a framework for enforcement and penalties that can be applied in cases of non-compliance.