EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(b)
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 the conservation of biodiversity, including the protection and conservation of listed 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)(b) of the Act provides that the Minister may, by legislative instrument, amend the List by deleting items from the List.
The purpose of this Instrument is to amend the List by:
deleting from the vulnerable category of the list:
- Drosera fimbriata
- Eucalyptus cerasiformis
- Eucalyptus olivacea Brooker & Hopper ms.
- Hemigenia viscida
- Laxmannia jamesii
- Meziella trifida
- Sminthopsis griseoventer boullangerensis
- Stawellia dimorphantha
- Stylidium merrallii
deleting from the endangered category of the list:
deleting from the critically endangered category of the list:
deleting from the extinct category of the list:
These species have been deleted from the vulnerable, endangered, critically endangered and extinct categories respectively as they did not meet any criteria, because they are variously either do not have limited populations, geographic distributions are not limited or not precarious, are not subject to threats, or are no longer recognised as separate species.
Section 189(1) of the Act requires that the Minister, when deciding whether to amend the List under section 184(1)(b) of the Act, obtain and consider advice from the Threatened Species Scientific Committee (the Committee) on the proposed amendment.
The Committee sought public comment on the proposed amendments to the List.
The period for public comment was at least 30 business days for each species, between October 2009 and December 2011. No comments were received. The Committee also consulted parties with relevant expertise, as well as Western Australia (being the relevant State in which the species are located) regarding their views.
The Committee prepared written assessments of whether the nominated species were eligible for inclusion in the List. The written assessments were provided to the Minister and considered in relation to the making of the Instrument.
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.
Statement of Compatibility with Human Rights
The 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 (Cth). The Instrument does not engage any of the applicable rights or freedoms.
Authority: section 184(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive protection of the environment, with a particular emphasis on matters of national environmental significance and the conservation of biodiversity, including the protection of listed threatened species. This Act established a framework to manage the impact of activities that may harm the environment and biodiversity. The Act provides for the creation of a list of threatened species, categorising them into various levels of risk, such as extinct, extinct in the wild, critically endangered, endangered, and vulnerable. The legislation empowers the Minister for the Environment to amend this list by adding or removing species based on scientific assessments and public consultation. In line with this legislative intent, an instrument under section 184(1)(b) of the Act was issued to amend the List of threatened species by removing certain species that no longer met the criteria for inclusion due to various factors such as population stability, geographic distribution, and threats. The process involved obtaining advice from the Threatened Species Scientific Committee and consulting with relevant experts and Western Australia, the state where these species are located.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) pertains to the protection of the environment and the conservation of biodiversity within Australia, with a focus on matters of national environmental significance and the safeguarding of listed threatened species. This Act applies to all individuals and entities within the Commonwealth of Australia, encompassing a wide range of industries and conduct that may impact the environment or biodiversity. Section 184(1)(b) of the Act allows the Minister to amend the list of threatened species by removing items from it, as detailed in this legislative instrument. This process involves obtaining advice from the Threatened Species Scientific Committee and considering public feedback, although in this instance, no comments were received. The instrument delineates specific species to be removed from the vulnerable, endangered, critically endangered, and extinct categories of the list, based on criteria such as population status, geographic distribution, threat levels, and taxonomic recognition. The instrument's amendments took effect from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) sets out provisions for protecting the environment, particularly matters of national environmental significance, and conserving biodiversity, including threatened species. Section 184(1)(b) of the Act allows the Minister to amend the list of threatened species by removing species from the list. This legislative instrument (F2013L00403) is an example of this, where certain species have been deleted from various categories of the threatened species list due to a lack of criteria fulfilment or changes in species recognition.
Under section 189(1) of the Act, the Minister is required to obtain and consider advice from the Threatened Species Scientific Committee (the Committee) before amending the list. The Committee conducted public consultations for at least 30 business days between October 2009 and December 2011, seeking comments on the proposed amendments. The Committee also consulted with parties with relevant expertise and Western Australia, which is the relevant state where the species are located. Based on the Committee's written assessments and consultations, the Minister decided to amend the list as per the legislative instrument.
The legislative instrument imposes obligations on the Minister to follow the advice of the Committee and public consultation process before making amendments to the list. The Committee's role is to provide scientific assessments of the eligibility of nominated species for inclusion in the list and to seek public and expert opinion. Western Australia, as the relevant state, is also consulted on the proposed amendments.
The Act does not specify any offences, penalties, or consequences for non-compliance with the legislative instrument. However, non-compliance with the Act's general provisions may result in civil or criminal penalties, as outlined in the Act. The maximum penalties for offences under the Act can vary depending on the specific offence and jurisdiction.