EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
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 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 Taudactylus pleione from the vulnerable category to the critically endangered category.
Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act.
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 frog researchers with relevant expertise
– Queensland Parks and Wildlife Service
– Queensland Museum
– Queensland Department of Environment and Resource Management
– Queensland Species Technical Committee
– Relevant Catchment and Natural Resource 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide a framework for the protection of the environment and conservation of biodiversity, including threatened species. The Act aims to preserve species that are at risk of extinction, by maintaining a list of threatened species that are categorised according to their level of vulnerability. One of the key functions of the Act is the regulation of this list, which can be amended by the Minister for Sustainability, Environment, Water, Population and Communities under section 184. The explanatory statement accompanying this legislative instrument details the process for amending the list, specifically transferring the species Taudactylus pleione from the vulnerable category to the critically endangered category. This change was informed by the Threatened Species Scientific Committee, which nominated the species for reassessment, published its findings, and consulted with relevant experts and the public. The consultation process, which involved no public comments, and the Committee’s subsequent assessment, formed the basis for the Minister’s decision to amend the list, reflecting a commitment to evidence-based conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to any person or entity engaging in activities that may impact the environment and biodiversity within Australia, including the protection and conservation of threatened species. This Act has national jurisdiction, extending across the Commonwealth of Australia, and it applies to all states, territories, and external territories. The Act provides a framework for the identification, protection, and conservation of threatened species, which includes those that are extinct, extinct in the wild, critically endangered, endangered, vulnerable, or conservation dependent. The Act allows the Minister to amend the list of threatened species through legislative instruments, as outlined in section 184. This particular legislative instrument amends the list by transferring the species Taudactylus pleione from the vulnerable category to the critically endangered category, following a thorough consultation process with relevant experts and the public. The Act does not specify any exclusions or exemptions, but its application may be further defined or extended by subordinate instruments issued under the authority of the relevant Minister.
Key Provisions
The main operative sections of the legislation under consideration pertain to the amendment of the List of threatened species under the Environment Protection and Biodiversity Conservation Act 1999. Section 178 defines the categories for the List, which includes extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 authorises the Minister to amend the List by adding, deleting, or transferring species between categories. This legislative instrument specifically targets the transfer of Taudactylus pleione from the vulnerable category to the critically endangered category. The consultation process for these amendments is outlined in Part 13, Division 1, Subdivision AA of the Act, which involves extensive engagement with scientific experts and the public.
The Act imposes several obligations on the parties involved in the protection and conservation of threatened species. The Threatened Species Scientific Committee, for instance, is tasked with nominating species for inclusion in the List, conducting assessments, and seeking public comment. The Committee, in this instance, consulted with various experts and institutions, including university researchers, government departments, and natural resource management authorities. The public was also invited to provide feedback during a 30-business-day period. Additionally, the Minister must consider the Committee's written assessment and public comments before making any amendments to the List.
In terms of penalties and consequences for breaches of the Act, specific provisions are not detailed in the explanatory statement provided. However, the Act generally includes provisions for both civil and criminal penalties for non-compliance. These penalties can include fines and imprisonment for offences related to the protection of threatened species. For example, actions that result in the death or injury of a listed species can attract significant penalties. The exact penalties are not specified in this explanatory statement, but they are typically outlined in other sections of the Act and related regulations. The Act also provides for enforcement actions by authorised officers, who have the power to issue infringement notices for minor offences.