EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the Minister for the Environment and Energy)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.
The purpose of this instrument is to amend the list of threatened ecological communities under section 181 of the Act in accordance with paragraph 184(1)(a) of the Act by including in the list in the critically endangered category:
- Banksia Woodlands of the Swan Coastal Plain
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of threatened ecological communities under subsections 182(1) and (2) of the Act.
The Committee concluded that the Banksia Woodlands of the Swan Coastal Plain ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as vulnerable because it has undergone a substantial decline in geographic extent;
- Criterion 2 as endangered because its geographic distribution is very restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the near future;
- Criterion 4 as endangered because the reduction in integrity across most of its range is severe as indicated by degradation of the community and regeneration is unlikely in the immediate future.
On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is eligible to be included in the endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community.
Consultation to amend the list of threatened ecological communities under the Act to include the ecological community was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. A draft assessment was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were forwarded to the Committee and to me for consideration.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislation.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was introduced to address the need for a unified approach to environmental protection and biodiversity conservation across the nation. This Act serves to safeguard Australia's natural environment and biodiversity by imposing specific obligations on the Commonwealth government. In this context, an amendment to the list of threatened ecological communities under the Act has been issued in 2016 to include the Banksia Woodlands of the Swan Coastal Plain in the critically endangered category, following recommendations by the Threatened Species Scientific Committee. This legislative instrument, issued under the authority of the Minister for the Environment and Energy, reflects the policy objective to ensure that appropriate measures are taken to protect and conserve ecological communities that are at significant risk of decline or extinction. The amendment process involved public consultation and expert review, ensuring that the inclusion of this ecological community in the endangered category is based on robust scientific assessment and advice.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) imposes obligations on the Commonwealth to protect and conserve threatened ecological communities. This legislative instrument amends the list of threatened ecological communities by including Banksia Woodlands of the Swan Coastal Plain in the critically endangered category, following a recommendation from the Threatened Species Scientific Committee. This addition was made based on the criteria specified in the Environment Protection and Biodiversity Conservation Regulations 2000, which indicate substantial decline in geographic extent, very restricted geographic distribution with a high risk of loss due to threatening processes, and severe reduction in integrity with unlikely regeneration. The Act applies to all persons, entities, and industries within the Commonwealth’s jurisdiction and covers national ecological conservation matters. The amendment extends the application of the Act to specifically protect the identified ecological community, with no stated exclusions or exemptions in this instance. Any further regulation or detail concerning the application of the Act may be established through subordinate instruments.
Key Provisions
The primary operative sections of this legislative instrument concern the amendment of the list of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 181 of the Act allows for the listing of threatened ecological communities, and this instrument modifies that list by including the Banksia Woodlands of the Swan Coastal Plain in the critically endangered category (section 184(1)(a)). This addition follows a recommendation from the Threatened Species Scientific Committee, which assessed the ecological community against the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000. The Committee's findings, which identified substantial declines in geographic extent, very restricted geographic distribution, and severe degradation of the community, support the inclusion of this ecological community in the endangered category.
This Act imposes specific obligations on the Commonwealth to protect and conserve the listed threatened ecological communities. By including the Banksia Woodlands of the Swan Coastal Plain in the critically endangered category, the Act mandates that protective measures are to be implemented to safeguard the survival of this ecological community. The Act also requires consultation with relevant parties and consideration of public submissions before making such amendments. The inclusion of this ecological community in the list triggers additional responsibilities for the Commonwealth to monitor and manage threats to the ecological community, ensuring its conservation and recovery.
Breaches of the obligations under the Act can result in various civil and criminal consequences. While specific offences are not detailed in the instrument, breaches of the Act could potentially lead to civil penalties for non-compliance. Under the general provisions of the Act, civil penalty amounts can be significant, reflecting the seriousness of the ecological impact. Furthermore, criminal penalties may apply for more severe breaches, with maximum penalties varying according to the nature and extent of the offence. The Act provides a framework for enforcement, ensuring that those who fail to comply with its provisions face appropriate consequences.