EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(a)
Amendment to the list of threatened species, threatened ecological communities and key threatening processes under sections 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (EC142)
(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(a) of the Act by including in the list in the endangered category:
- Poplar Box Grassy Woodland on Alluvial Plains
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the eligibility for the endangered category under subsection 182(2) of the Act.
The Committee concluded that the Poplar Box Grassy Woodland on Alluvial Plains 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 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.
- Criterion 5 as vulnerable because its 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, aims to provide for the protection and conservation of the environment, particularly focusing on threatened species, ecological communities, and key threatening processes. This Act addresses the gap in environmental protection by establishing a framework for the Commonwealth to safeguard biodiversity and ecological systems. The instrument under section 184(a) of this Act amends the list of threatened ecological communities by including the Poplar Box Grassy Woodland on Alluvial Plains in the endangered category, as recommended by the Threatened Species Scientific Committee. This decision is based on the severe decline in its geographic extent and the severe reduction in integrity across its distribution, making it eligible for endangered status under the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The policy objective is to ensure that the ecological community receives the necessary protection to prevent further decline and promote its survival.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to all persons, entities, industries, and conduct within the Commonwealth of Australia, focusing on the protection and conservation of threatened species, ecological communities, and key threatening processes. This legislation is designed to enforce obligations that aim to preserve biodiversity and manage environmental impacts that may threaten the survival of various species and ecological communities. The Act's application extends across the entire nation, imposing duties on federal entities and activities that may affect matters of national environmental significance. Notably, the Act also allows for the inclusion of threatened species and ecological communities through legislative instruments, as demonstrated in the amendment of the list of threatened ecological communities under section 181. This amendment process involves recommendations from the Threatened Species Scientific Committee and requires public consultation, ensuring a transparent and inclusive approach to environmental conservation efforts. The instrument in question, F2019L00952, specifically adds Poplar Box Grassy Woodland on Alluvial Plains to the endangered category, reflecting its severe decline in geographic extent and integrity, and the ongoing detrimental changes it faces.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes specific provisions that mandate the protection and conservation of threatened species, threatened ecological communities, and key threatening processes. Section 178 addresses threatened species, section 181 pertains to threatened ecological communities, and section 183 concerns key threatening processes. This particular legislative instrument (F2019L00952) amends the list of threatened ecological communities by adding Poplar Box Grassy Woodland on Alluvial Plains to the endangered category, as recommended by the Threatened Species Scientific Committee (section 181(1)). The addition of this ecological community is based on the Committee's findings that it meets the criteria specified in the Environment Protection and Biodiversity Conservation Regulations 2000 for inclusion in the endangered category.
Under the Act, the inclusion of Poplar Box Grassy Woodland on Alluvial Plains in the endangered category imposes several obligations on the parties and entities governed by the Act. Firstly, it necessitates the implementation of protective measures to mitigate the severe decline in the geographic extent of this ecological community (section 182(2)). Secondly, it requires the prevention and reduction of further degradation of the community's integrity, including actions to facilitate its regeneration where possible (section 182(3)). The Act further mandates that any actions taken under it must consider the potential impacts on the survival of the ecological community (section 182(4)).
Failure to comply with the obligations imposed by the Act can result in significant consequences. The Act includes provisions for both civil and criminal penalties for breaches. Civil penalties may include fines up to the maximum limits specified in the Act or, in the case of corporations, up to a substantial financial penalty (section 528). Additionally, criminal offences may apply, with penalties including fines up to the maximum amounts prescribed by the Act and potential imprisonment for individuals found guilty of serious offences (section 528A). These penalties are intended to ensure compliance with the Act's conservation objectives and to deter activities that could further endanger the listed ecological communities.