EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(c)
(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)
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 Craterocephalus fluviatilis from the vulnerable category to endangered category.
Consultation
Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act (in relation to the transfer of species between categories in the List).
The Threatened Species Scientific Committee (the Committee):
- nominated the species for inclusion in particular categories of the List as part of the Finalised Priority Assessment List for the assessment period commencing 1 October 2010;
- published the Finalised Priority Assessment List on 20 August 2010 on the Departmental website; and
- sought public comment on whether the nominated species was eligible for inclusion in the particular category of the List identified in the Finalised Priority Assessment List.
The period for public comment was 30 business days between 25 October 2010 and 10 December 2010. No comments were received.
The Committee also consulted parties with relevant expertise regarding their views including:
- University and institutional fish researchers with relevant expertise
- The Australian Society for Fish Biology
- The Murray-Darling Basin Authority
- Relevant state government fishery and conservation departments and associated scientific committees
- Relevant Catchment Management Authorities
The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The written assessment was 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.
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 Legislative Instrument does not engage any of the applicable rights or freedoms.
Authority: sections 184(1)(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 comprehensive protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This legislation was introduced to address gaps in the protection of Australia's unique flora and fauna and to provide a national framework for environmental protection. The Act is administered by the Parliament of Australia, and its policy objective is to ensure the conservation of Australia's biodiversity and the protection of its threatened species. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, amends the List of threatened species by transferring Craterocephalus fluviatilis from the vulnerable category to the endangered category. This amendment was made following a thorough consultation process in accordance with the Act, including consultation with relevant experts and the Threatened Species Scientific Committee, and after seeking public comment on the nomination.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all entities within the Commonwealth of Australia, including individuals, corporations, and government bodies, with a focus on activities that impact the environment and biodiversity. The Act is designed to protect and conserve the environment and biodiversity, particularly threatened species, by establishing a framework for listing these species and regulating actions that might harm them. The Act's jurisdiction extends nationally, providing a uniform approach to environmental protection and biodiversity conservation across all states and territories. The Act allows for the listing of species as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent, with the List subject to amendments through legislative instruments made by the Minister. This particular legislative instrument amends the List by transferring Craterocephalus fluviatilis from the vulnerable category to the endangered category, following a thorough consultation process involving relevant scientific committees and experts. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Key Provisions
The main operative sections of this legislation, under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), involve amending the list of threatened species (section 178) and the authority granted to the Minister to modify this list (section 184). Specifically, the legislation transfers Craterocephalus fluviatilis from the vulnerable category to the endangered category on the list of threatened species (section 184(1)(c)). This amendment reflects updated assessments and conservation priorities for the species in question.
The Act imposes several obligations on the parties it governs. Firstly, it requires the Threatened Species Scientific Committee to conduct thorough assessments and consultations before recommending amendments to the list of threatened species. The Committee must consider public and expert opinions and prepare a written assessment of the species' eligibility for inclusion in the List. Secondly, the Minister must review this assessment and use it to make informed decisions about amendments to the list. This process ensures that any changes to the list are based on sound scientific evidence and broad stakeholder consultation.
Breaching the provisions of this Act can lead to both civil and criminal consequences. While the specific offences and penalties are not detailed in the provided excerpt, the Act generally allows for enforcement actions against those who fail to comply with its requirements. This can include fines and other penalties for activities that harm listed threatened species or their habitats. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999.