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 sections 184(1)(b) and (c)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment 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 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 so as to include new species in the List or to transfer species into a different category of the List, is set out in Part 13, Division 1, Subdivision AA of the Act.
The purpose of this Instrument is to amend the List by:
- transferring from the vulnerable to the critically endangered category of the list: Thymichthys politus
- transferring from the endangered to the critically endangered category of the list: Brachionichthys hirsutus
deleting from the vulnerable category of the list: Sympterichthys sp. [CSIRO #T1996.01].
Background
A review was undertaken on the taxonomy and conservation status of four handfish species currently listed as threatened under the Act. It was proposed that two species (Thymichthys politus and Brachionichthys hirsutus) be transferred to a higher category of endangerment, and one species (Sympterichthys sp. [CSIRO #T1996.01]) be deleted from the List due to taxonomic changes.
Consultation
Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in section 189 of the Act (which requires the Minister to obtain and consider the advice of the Threatened Species Scientific Committee in relation to a proposed deletion of a species from the List) and Part 13, Division 1, Subdivision AA of the Act (in relation to the transfer of species between categories in the List).
In relation to the transfer of Thymichthys politus and Brachionichthys hirsutus to the critically endangered category, the Threatened Species Scientific Committee (the Committee) sought public comment on whether the species were eligible for inclusion in the critically endangered category of the List. The period for public comment was 30 business days between October and November 2010. No comments were received.
In both cases, the Committee also consulted parties with relevant expertise regarding their views including: the Tasmanian Department of Primary Industries, Parks, Water and Environment; the Commonwealth Scientific and Industrial Research Organisation; relevant local councils and organisations; the Tasmanian North and South Natural Resource Management Committees; and experts with relevant expertise from the University of Tasmania and other universities.
The Committee prepared written advices that recommended that Thymichthys politus and Brachionichthys hirsutus were eligible for inclusion in the critically endangered category of the List and that Sympterichthys sp. [CSIRO #T1996.01] be deleted from the List. The written advices 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 commences on the day after it is 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 Legislative Instrument does not engage any of the applicable rights or freedoms.
Authority: sections 184(1)(b) 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 address the problem of environmental degradation and biodiversity loss by providing a framework for the protection of the environment and conservation of biodiversity, including threatened species. Pursuant to sections 184(1)(b) and (c) of the Act, this legislative instrument amends the List of threatened species by transferring certain species to more critical categories of endangerment or removing them from the List altogether. Specifically, this instrument transfers Thymichthys politus and Brachionichthys hirsutus from the vulnerable and endangered categories to the critically endangered category, respectively, and removes Sympterichthys sp. [CSIRO #T1996.01] from the vulnerable category due to taxonomic changes. The policy objective is to ensure the List accurately reflects the conservation status of species, guided by expert advice and public consultation. The Minister for Sustainability, Environment, Water, Population and Communities issued this instrument after considering recommendations from the Threatened Species Scientific Committee, which consulted with relevant experts and the public.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, industries, conduct, and transactions within Australia that may impact the environment or biodiversity. The Act's geographic reach is national, covering the entire Commonwealth of Australia, and it extends to territories and external affairs as necessary. The Act enables the Minister to amend the list of threatened species by legislative instruments, including adding new species, deleting existing ones, or transferring species between categories based on their conservation status. This particular legislative instrument amends the list by transferring Thymichthys politus and Brachionichthys hirsutus from the vulnerable and endangered categories to the critically endangered category, respectively, and removing Sympterichthys sp. [CSIRO #T1996.01] from the vulnerable category due to taxonomic changes. The process involved consultations with the Threatened Species Scientific Committee and other relevant experts, and public comments were considered before finalizing the amendments. The changes take effect from the day after the instrument is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes sections that pertain to the protection and conservation of biodiversity, particularly focusing on threatened species. Section 178 of the Act lists various categories for threatened species, such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 of the Act empowers the Minister to amend this list through legislative instruments, allowing for the inclusion, deletion, or transfer of species between categories. This legislative instrument specifically amends the list by transferring Thymichthys politus from the vulnerable to the critically endangered category (Section 1), transferring Brachionichthys hirsutus from the endangered to the critically endangered category (Section 2), and deleting Sympterichthys sp. [CSIRO #T1996.01] from the vulnerable category (Section 3).
Under the Act, the Minister is obligated to consult with the Threatened Species Scientific Committee and consider public and expert opinions before making amendments to the list of threatened species. This consultation process ensures that the decisions to transfer or delete species are based on thorough review and expert advice. The Act also mandates that the Minister consider the advice provided by the Committee and any relevant stakeholders, ensuring that the changes to the list are scientifically sound and reflect the current conservation status of the species in question.
Breaches of the provisions under the Act could result in civil or criminal penalties, depending on the nature and severity of the offence. For instance, activities that threaten listed species without proper authorisation or in contravention of the Act could lead to substantial fines and even imprisonment. While the specific penalties are not detailed in this legislative instrument, they are generally outlined in the primary Act and related regulations, which may include fines up to several thousand Australian dollars and imprisonment terms that vary based on the severity of the offence. The enforcement of these penalties is intended to ensure compliance with the Act's objectives of protecting and conserving biodiversity.