EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(Issued under the Authority of the Assistant 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:
- Coastal Swamp Oak (Casuarina glauca) Forest of New South Wales and South East Queensland
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 Coastal Swamp Oak (Casuarina glauca) Forest of New South Wales and South East Queensland ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as endangered because it has undergone a severe decline in geographic extent;
- Criterion 2 as endangered because it has a very restricted geographic distribution due to very small patch sizes, coupled with ongoing, demonstrable threats that could cause it to be lost in the near future;
- Criterion 4 as endangered because the reduction in integrity across most of its geographic distribution is severe, as indicated by severe degradation of the community, and that regeneration is unlikely in the near 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 (EPBC Act) was enacted to provide for the protection of the Australian environment and the conservation of biodiversity, including threatened species and ecological communities. This legislation was introduced to address the problem of environmental degradation and the loss of biodiversity, ensuring that significant impacts on the environment, particularly those related to threatened species and communities, are properly managed and mitigated. This legislative instrument amends the EPBC Act by including the Coastal Swamp Oak (Casuarina glauca) Forest of New South Wales and South East Queensland in the list of threatened ecological communities under the endangered category. This decision was made following the recommendation of the Threatened Species Scientific Committee, which assessed the ecological community based on criteria such as severe decline in geographic extent, restricted geographic distribution, and severe reduction in integrity. The instrument was developed in accordance with the process outlined in the EPBC Act, involving public consultation and expert advice. It commenced on the day after it was registered on the Federal Register of Legislation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the entire Commonwealth of Australia, including its territories, and encompasses various persons and entities responsible for actions impacting the environment. This Act specifically mandates the protection and conservation of threatened ecological communities, with the scope of its application extending to any individual or corporate entity whose activities may affect these communities. The Act includes provisions for listing threatened ecological communities, which are subject to strict criteria for inclusion based on geographic decline, restricted distribution, and other factors that threaten their survival. In this context, the Act was amended to include the Coastal Swamp Oak (Casuarina glauca) Forest of New South Wales and South East Queensland in the endangered category, following a recommendation by the Threatened Species Scientific Committee. This inclusion is based on rigorous assessments of decline, distribution, and integrity of the ecological community, ensuring that the Act's protective measures are both targeted and effective. The Act also mandates public consultation and expert advice in the process of amending the list of threatened communities, ensuring transparency and inclusivity in its application.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) has been amended to include the Coastal Swamp Oak (Casuarina glauca) Forest of New South Wales and South East Queensland in the list of threatened ecological communities (section 181). This amendment was made under the authority of section 184(1)(a) of the Act, and is based on the recommendation of the Threatened Species Scientific Committee (section 184(1)(a)). The Committee determined that this ecological community met the criteria for listing as endangered due to severe decline in geographic extent, very restricted geographic distribution with ongoing threats, and severe reduction in integrity (subsections 182(1) and (2) of the Act).
The Act now imposes specific obligations on the Commonwealth to protect and conserve this endangered ecological community. These obligations include taking necessary measures to prevent further decline, restore degraded areas, and manage threats to the community (section 184). This requires a comprehensive approach that considers the ecological community's habitat, species interactions, and potential future threats. The Act also mandates the preparation of recovery plans to outline the steps needed to improve the ecological community's status and ensure its long-term survival (section 183).
Breaches of the Act's provisions can lead to various legal consequences. For instance, knowingly taking an action that is likely to harm a threatened ecological community, such as the Coastal Swamp Oak Forest, can result in civil and criminal penalties. Civil penalties include fines of up to $66,600 for individuals and $333,000 for corporations (section 511 of the Act). Criminal penalties include fines of up to $333,000 for individuals and $1,665,000 for corporations, as well as imprisonment for up to three years (section 512 of the Act). These penalties serve to deter non-compliance and encourage adherence to the Act's conservation goals.
The Act also provides mechanisms for enforcement and compliance. Authorised officers can issue infringement notices for minor breaches, while more serious offences can be prosecuted in court (section 514). The Act further allows for the imposition of injunctions and other court orders to prevent or remedy harm to threatened ecological communities (section 515). These provisions ensure that the Act's conservation objectives are effectively enforced and that those who harm endangered communities are held accountable for their actions.