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:
- Illawarra and south coast lowland forest and woodland
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 Illawarra and south coast lowland forest and woodland 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 critically 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 immediate future;
- Criterion 4 as critically endangered because the reduction in integrity across most of its range is very 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 critically 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 (the Act) was introduced by the Australian Parliament to address the need for a comprehensive legal framework for the protection of the nation’s environment, particularly focusing on threatened species and ecological communities. This legislation was enacted to ensure the Commonwealth's responsibility to safeguard and conserve threatened ecological communities and species. The Act was designed to fill the gap in existing laws by providing a unified approach to environmental protection, integrating biodiversity conservation with other environmental considerations. This instrument under section 184(1)(a) of the Act serves to amend the list of threatened ecological communities by including the Illawarra and south coast lowland forest and woodland in the critically endangered category, following recommendations from the Threatened Species Scientific Committee. This decision was based on rigorous assessments and public consultation, ensuring that the inclusion of this ecological community is both justified and beneficial for its conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) imposes certain obligations on the Commonwealth to protect and conserve threatened ecological communities. This Act applies to a broad range of entities, including individuals, corporations, and government bodies, when their actions impact on matters of national environmental significance, such as threatened species and ecological communities. The EPBC Act has a national jurisdictional reach, governing actions across Australia that may affect these protected entities. This instrument, issued under the authority of the Minister for the Environment and Energy, specifically amends the list of threatened ecological communities by including the Illawarra and south coast lowland forest and woodland in the critically endangered category. This amendment is based on the recommendation of the Threatened Species Scientific Committee and follows the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument does not extend or restrict application through subordinate instruments but operates as part of the legislative framework established by the EPBC Act.
Key Provisions
The key provisions of the legislative instrument (F2016L01443) under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) amend the list of threatened ecological communities by including "Illawarra and south coast lowland forest and woodland" in the critically endangered category (section 181). This inclusion is based on recommendations from the Threatened Species Scientific Committee (the Committee), which found that this ecological community meets specific criteria as outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000. Specifically, it has undergone a severe decline in geographic extent (Criterion 1), has a very restricted geographic distribution making it vulnerable to immediate future loss (Criterion 2), and has experienced very severe reductions in integrity (Criterion 4).
Under the Act, the inclusion of the Illawarra and south coast lowland forest and woodland in the critically endangered category imposes specific obligations on the Commonwealth to protect and conserve this ecological community. The Act mandates that the Minister for the Environment and Energy must consider the advice and assessments from the Committee, which has determined that this community is eligible for inclusion based on its severe decline and vulnerability. The instrument also requires that any actions impacting this ecological community are assessed under the Act to ensure they do not threaten its survival. This includes ensuring that any proposed actions are in line with the Act’s objectives to protect and conserve biodiversity.
The Act imposes penalties and consequences for non-compliance with its provisions, including offences related to damaging or destroying listed threatened ecological communities. Section 476 of the Act provides for civil and criminal penalties, with maximum fines for corporations reaching up to $666,000 for civil penalties and $3.33 million for criminal penalties, depending on the severity and intent of the offence. Additionally, individuals involved in contravening the Act may face personal fines and imprisonment. These stringent penalties underscore the importance of adhering to the Act’s requirements to protect critically endangered ecological communities.