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)(a) and (c)
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 of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List, delete an item from the List or, transfer an item from one category in the List to another category.
The process for making amendments to the List is set out in Subdivision AA of Division 1 of Part 13, of the Act.
The purpose of this Instrument is to amend the List by:
including in the critically endangered category:
- Caladenia lodgeana
- Galium antarcticum
- Corybas sulcatus
including in the endangered category:
including in the vulnerable category:
- Pomaderris pilifera subsp. talpicutica
transferring from the vulnerable category to the endangered category:
- Dichanthium queenslandicum
- Eucalyptus alligatrix subsp. limaensis
- Homoranthus decumbens
transferring from the endangered category to the vulnerable category:
Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Subdivision AA of Division 1 of Part 13 of the Act.
The Threatened Species Scientific Committee (the Committee) sought public comment on whether the species were eligible for inclusion in the particular categories of 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, Tasmania, Queensland and Victoria (being the relevant States in which the species are located), regarding their views.
The Committee prepared written assessments of whether the nominated species were eligible for inclusion in particular categories of the List. The written assessments were provided to the Minister and considered in relation to the making of the Instrument.
This 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
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 (Cth). This Instrument does not engage any of the applicable rights or freedoms.
Authority: sections 184(1)(a) and (c) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance and the conservation of biodiversity, including threatened species. This Act enables the Minister to amend the list of threatened species through legislative instruments, ensuring that species in need of protection are appropriately categorised. The purpose of the legislative instrument F2013L00281 is to amend the list by adding certain species to the critically endangered, endangered, or vulnerable categories, and to transfer some species between categories based on updated scientific assessments. This amendment process involved consultation with the Threatened Species Scientific Committee and relevant state governments to ensure that decisions were based on the most current and comprehensive scientific data available. The instrument commenced on the day it was registered, signifying its immediate applicability in enhancing the conservation efforts under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth Act that applies to the protection of the environment, with a specific focus on matters of national environmental significance and biodiversity conservation, including the protection and conservation of listed threatened species. The Act applies to any person or entity that engages in conduct or transactions that may impact on matters of national environmental significance or biodiversity. This encompasses individuals, corporations, and government entities, and extends across all industries where such impacts may occur. The Act's reach is national, applying throughout Australia. The Act allows for amendments to the list of threatened species through legislative instruments, as outlined in section 184, and the process involves consultation with the Threatened Species Scientific Committee and relevant stakeholders. The Act does not specify exclusions or exemptions, but rather provides for thresholds and categories of threat, with the current legislative instrument adjusting the status of various species within these categories. The Act’s application can be extended or restricted through subordinate instruments as necessary.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) sets forth provisions for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of listed threatened species (s. 178). Section 184 of the Act empowers the Minister to amend the list of threatened species, which is divided into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The current legislative instrument amends the List by including certain species in the critically endangered, endangered, and vulnerable categories and transferring others between categories. Specifically, Caladenia lodgeana, Galium antarcticum, and Corybas sulcatus are added to the critically endangered category; Grevillea corrugata is added to the endangered category; and Pomaderris pilifera subsp. talpicutica is added to the vulnerable category (s. 184(1)(a) and (c)). Additionally, Dichanthium queenslandicum, Eucalyptus alligatrix subsp. limaensis, and Homoranthus decumbens are transferred from the vulnerable to the endangered category, while Hypocalymma longifolium is transferred from the endangered to the vulnerable category (s. 184(1)(c)).
The Act imposes obligations on the parties or entities it governs to ensure compliance with the provisions concerning the protection and conservation of listed threatened species. This includes adhering to the updated List as per the legislative instrument, which now includes specific species in their respective categories of threat. Entities must take appropriate measures to avoid actions that could harm listed species, such as habitat destruction, and must engage in activities that support the conservation of these species. Compliance with these obligations is essential to uphold the environmental protections established under the Act.
Breaches of the provisions outlined in the Environment Protection and Biodiversity Conservation Act 1999 (Cth) can result in various consequences. Civil penalties can be imposed for non-compliance with the Act, including fines for contravening the provisions related to the protection and conservation of threatened species. The maximum penalty for contravening these provisions can be substantial, reflecting the seriousness of environmental protection and conservation. Additionally, criminal penalties may apply for more severe breaches, with offenders potentially facing imprisonment. The exact penalties are detailed in other sections of the Act and related legislation, but they serve to deter non-compliance and enforce the protection of threatened species.