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 critically endangered category:
- Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the eligibility for the critically endangered category under subsection 182(1) of the Act.
The Committee concluded that the Tuart (Eucalyptus gomphocephala) Woodlands and Forests 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 endangered because it has undergone a severe 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 3 as endangered as the loss of Tuart (Eucalyptus gomphocephala) trees has been severe across the ecological community’s range, and the ecological community is unlikely to be restored as a whole across its range within the near future;
- Criterion 4 as critically endangered because the reduction in integrity across most of its geographic distribution 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 was enacted by the Parliament of Australia to provide a framework for the protection and conservation of Australia's biodiversity and ecological communities. This legislation was introduced to address the growing concern over the decline of various ecological communities and species across the nation. This instrument amends the Act by including the Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain in the critically endangered category of threatened ecological communities, as recommended by the Threatened Species Scientific Committee. The inclusion of this ecological community in the critically endangered category is based on its severe decline in geographic extent, very restricted geographic distribution, severe loss of Tuart trees across its range, and very severe reduction in integrity across most of its geographic distribution. The policy objective of this instrument is to protect and conserve this ecological community by imposing certain obligations on the Commonwealth under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) governs the protection and conservation of threatened species and ecological communities, extending its reach across the Commonwealth of Australia. This legislation applies to all persons and entities within Australia, including state and territory governments, companies, and individuals, requiring them to comply with the provisions aimed at preserving biodiversity. The Act mandates the listing of threatened species and ecological communities, with this instrument specifically addressing the inclusion of Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain in the critically endangered category. The instrument’s application is informed by rigorous criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, and its creation involved public consultation processes as stipulated by the Act, ensuring transparency and inclusivity in the decision-making process.
Key Provisions
The primary sections relevant to this legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) include section 181, which governs the listing of threatened ecological communities, and section 184(1)(a), which empowers the Minister to amend these lists. Pursuant to section 181, the Act now includes the Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain in the critically endangered category, as per the recommendations of the Threatened Species Scientific Committee. This inclusion is based on the Committee’s assessment that this ecological community meets the criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000.
Under the Act, the inclusion of this ecological community in the critically endangered category imposes specific obligations on the Commonwealth to protect and conserve it. This means that the government must take steps to prevent further decline and to facilitate the recovery of the community. These obligations encompass a range of activities, including the development and implementation of recovery plans, ensuring that any actions or projects that may impact this ecological community are assessed for their potential effects, and taking measures to mitigate any identified adverse impacts.
The Act also imposes obligations on other parties, such as landowners, developers, and businesses, to comply with any conditions or requirements set out in approved recovery plans or other conservation measures. This includes obtaining necessary approvals or permits before undertaking activities that may affect the ecological community. Failure to comply with these obligations can result in enforcement actions by the relevant authorities.
Breaching the provisions of the Act can lead to both civil and criminal consequences. Under section 528, a person who contravenes an offence provision in the Act is liable to a fine. The maximum penalty for contravening certain sections related to threatened species and ecological communities can be significant. For example, section 474 imposes a maximum penalty of up to $222,000 for corporations and $44,400 for individuals for offences related to the destruction or damage of habitat of threatened species. Additionally, under section 530, a person who intentionally, recklessly, or negligently causes harm to a listed threatened species or its habitat can be liable for a civil penalty order of up to $1.1 million for corporations and $220,000 for individuals. These penalties underscore the seriousness of non-compliance and the importance of adhering to the conservation measures outlined in the Act.