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)
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 endangered category:
- Assemblages of species associated with open-coast salt-wedge estuaries of western and central Victoria
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 Assemblages of species associated with open-coast salt-wedge estuaries of western and central Victoria ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 2 as endangered because the specific physico-chemical regime of these sytems is at risk in the near future from demonstable, ongoing and compounding threats; and the nature of its restricted geographic distribution makes it likely that the action of a threatening process could cause the ecological community to be lost in the near future.
- Criterion 4 as vulnerable because the reduction in integrity across most of its geographic distribution is substantial as indicated by degradation of the resilience and function of the ecological community and regeneration is unlikely in the medium-term future.
- Criterion 5 as vulnerable because the rate of continuing detrimental change is substantial, as indicated by the degree of ongoing degradation or disruption of community processes.
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 Australian Parliament, seeks to protect and conserve the nation's biodiversity and ecological heritage. This Act serves to address the gap in environmental protection by placing specific obligations on the Commonwealth to safeguard threatened species and ecological communities. The Act was introduced to ensure a coordinated approach to the conservation of biodiversity, recognising the need for a national framework to protect Australia's unique flora and fauna from threats such as habitat destruction, invasive species, and climate change.
In line with the policy objective of the Act, an instrument was issued under section 184(1)(a) to amend the list of threatened ecological communities, specifically adding "Assemblages of species associated with open-coast salt-wedge estuaries of western and central Victoria" to the endangered category. This decision was based on the recommendation of the Threatened Species Scientific Committee, which assessed the ecological community against specific criteria under the Environment Protection and Biodiversity Conservation Regulations 2000. The amendment process involved public consultation and expert review to ensure that the inclusion of this ecological community in the endangered category appropriately reflects its vulnerability and the threats it faces.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to all persons, entities, and industries within the Commonwealth of Australia, imposing obligations on them to protect and conserve threatened ecological communities. The Act's scope includes the regulation of actions that may impact listed threatened species, ecological communities, and heritage places. This particular legislative instrument amends the list of threatened ecological communities by including "Assemblages of species associated with open-coast salt-wedge estuaries of western and central Victoria" in the endangered category, as recommended by the Threatened Species Scientific Committee. The instrument's jurisdiction is national, extending across all states and territories of Australia, with no exclusions or exemptions specified for this particular listing. Any additional specifications or restrictions on application are managed through subordinate instruments, ensuring a comprehensive approach to the protection of endangered ecological communities.
Key Provisions
The main operative sections of the instrument (F2018L01463) under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) pertain to the addition of a specific ecological community to the list of threatened ecological communities. Under section 181 of the Act, the Minister for the Environment has amended the list to include Assemblages of species associated with open-coast salt-wedge estuaries of western and central Victoria in the endangered category, as recommended by the Threatened Species Scientific Committee (section 184(1)(a)). This decision follows a rigorous assessment process, taking into account the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities. By amending the list under section 181, the Act now mandates that the Assemblages of species associated with open-coast salt-wedge estuaries of western and central Victoria be afforded protection and conservation measures appropriate to their endangered status. This includes ensuring that any activities that might threaten this ecological community are regulated and managed to prevent further decline. The Act also requires that any proposed actions which might impact these estuaries undergo a thorough assessment to ensure compliance with the provisions protecting this ecological community.
In terms of enforcement, breaches of the Act can lead to civil and criminal penalties. For example, under section 508 of the Act, a person found guilty of a civil penalty offence related to the destruction or damage of a threatened ecological community can face a penalty of up to $666,000 for an individual and $3.3 million for a body corporate. Similarly, under section 511, a person found guilty of a criminal offence, such as knowingly taking, injuring, or destroying a member of a listed threatened ecological community, can face penalties of up to 10 years imprisonment for an individual and up to $6.6 million for a body corporate. These stringent penalties are designed to deter non-compliance and ensure the protection of threatened ecological communities.