EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(d)
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment, especially matters of national environmental significance, and conservation of biodiversity, including the protection and conservation of threatened species.
Section 178 of the Act provides for a list of threatened species (the List) separated into particular categories being, extinct, extinct in the wild, critically endangered, endangered, vulnerable and conservation dependent.
Section 184(1)(d) of the Act provides that the Minister or delegate may, by legislative instrument, amend the List to correct an inaccuracy or update the name of a listed threatened species.
The purpose of this Instrument is to amend the List by correcting and updating the scientific names of threatened species included in the List as set out below:
- Geniostoma huttoni to Geniostoma huttonii
- Xylosma parvifolium to Xylosma parvifolia.
These name changes result from a correction of species names
Consultation is not required under the EPBC Act prior to making the instrument. Section 18 (2)(a) of the Legislative Instruments Act 2003 states that consultation is considered unnecessary for ‘ an instrument that is of a minor or machinery nature and that does not substantially alter existing arrangements’. As this Instrument only corrects inaccuracies by correcting the names in the List and does not make any substantial changes to the List, consultation was not undertaken.
While consultation was not required the Australian Biological Resources Study (ABRS) was consulted regarding the proposed changes.
Section 189(1) of the Act requires the rule-maker, when deciding whether to amend the List under section 184(1)(d) of the Act, to obtain and consider advice from the Threatened Species Scientific Committee on the proposed amendment. That advice was sought and considered prior to the making of the Instrument. The Committee agreed to recommend the name changes as set out above.
The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: Section 184(1)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (181) This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Legislative Instrument The purpose of this Legislative Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) list of threatened species by updating the names of 2 flora species pursuant to section 184(1)(d) of the EPBC Act. These name changes result from a correction of species names. Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms. Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. Geoff Richardson Delegate for the Minister for the Environment |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to protect the environment and conserve biodiversity, particularly focusing on matters of national environmental significance and the conservation of threatened species. The Act includes a list of threatened species categorised by their conservation status, and section 184(1)(d) allows for amendments to correct inaccuracies or update the names of listed species. This legislative instrument amends the List to correct the scientific names of two flora species, Geniostoma huttoni to Geniostoma huttonii and Xylosma parvifolium to Xylosma parvifolia, reflecting accurate taxonomic updates. The Australian Government, through the Minister for the Environment, authorised this instrument under section 184(1)(d) of the EPBC Act, ensuring the List remains accurate without requiring substantial consultation as it pertains to minor amendments. The Threatened Species Scientific Committee was consulted and recommended the name changes, affirming their scientific accuracy. The instrument is compatible with human rights, as it does not engage any applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all entities and persons within Australia, with a specific focus on protecting matters of national environmental significance and conserving biodiversity. The Act mandates the listing of threatened species, which includes species categorised as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act's jurisdiction spans the entire Commonwealth of Australia, ensuring a national approach to environmental protection. The Act extends its application through legislative instruments, such as the one referenced, which allows the Minister or delegate to amend the list of threatened species to correct inaccuracies or update species names. This particular legislative instrument amends the names of two flora species to correct scientific inaccuracies, reflecting the Act's ongoing commitment to precise environmental documentation and conservation efforts. While consultation is not mandated for minor amendments like these, the Australian Biological Resources Study and the Threatened Species Scientific Committee were nonetheless consulted to ensure the accuracy and appropriateness of the changes.
Key Provisions
The primary provisions of this legislative instrument pertain to the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) list of threatened species, specifically updating the scientific names of two flora species. Pursuant to section 184(1)(d) of the EPBC Act, this instrument corrects inaccuracies in the names of Geniostoma huttoni to Geniostoma huttonii and Xylosma parvifolium to Xylosma parvifolia. This correction is intended to ensure accuracy in the identification and listing of species under the EPBC Act, which aims to protect and conserve biodiversity.
The obligations imposed by this Act on the parties or entities it governs primarily include the accurate identification and listing of threatened species. The Minister or delegate is mandated under section 184(1)(d) to amend the list if necessary to correct inaccuracies or update names. Furthermore, the Act requires the rule-maker to obtain and consider advice from the Threatened Species Scientific Committee before making such amendments, as stipulated in section 189(1). In this case, the Australian Biological Resources Study (ABRS) and the Threatened Species Scientific Committee were consulted, and their advice was considered before the instrument was made.
Regarding the consequences for breach, the EPBC Act itself does not specify offences, penalties, or civil/criminal consequences for incorrect species listing. However, the Act does provide for enforcement mechanisms under other sections to ensure compliance with the Act’s objectives of protecting and conserving biodiversity. Non-compliance with the Act’s provisions could potentially lead to enforcement actions, fines, or other penalties under broader environmental protection laws in Australia. This legislative instrument, however, focuses on correcting existing inaccuracies and does not introduce new obligations or penalties.