Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (133) (27/04/2012)

Administered by Department of the Environment and Energy

Legislation au F2012L00962 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

 

Instrument under section 184(1)(a)

 

(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)

 

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (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.

 

Background

 

The purpose of the Instrument is to amend the List by including Phascolarctos cinereus (combined populations of Queensland, New South Wales and the Australian Capital Territory) in the vulnerable category of the List. The combined koala (Phascolarctos cinereus) populations of Queensland, New South Wales and the Australian Capital Territory have been determined by the Minister, pursuant to section 517 of the Act, to be a species for the purposes of the Act.

 

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.

 

The Threatened Species Scientific Committee (the Committee):

–        prepared a nomination for the koala at the national scale and included it in the Finalised Priority Assessment List for the assessment period commencing 1 October 2008;

–        sought public comment on the nomination in May 2009 and 223 responses were received and considered in preparation of the Committee’s advice;

 

–        provided an initial advice to the Minister for Sustainability, Environment, Water, Population and Communities on 30 September 2010, recommending that the koala was not eligible for listing at the national scale; and

 

–        revised the advice in November 2011 in response to new information and a Senate inquiry into Australia’s koala population, the final report of which was published in September 2011 as ‘The koala – saving our national icon’.

 

The Committee also consulted specific parties with relevant expertise regarding their views including:

–        University and institutional koala researchers;

–        Natural Resource Management Boards within the koala’s range;

–        relevant state and territory government departments; and

–        relevant state and territory scientific committees.

 

The Committee’s revised advice included a recommendation that the species remained ineligible at the national scale. The Committee also recommended that the best conservation outcome would be achieved by determining that the combined koala (Phascolarctos cinereus) populations of Queensland, New South Wales and the Australian Capital Territory be considered a species for the purposes of the Act and that this entity be added to the List in the vulnerable category.

 

Section 194Q(6) of the Act requires the Minister, when deciding whether to add an item to the List, to have regard to the Committee’s assessment of the item, and the public comments received by the Committee under section 194M. The Committee’s revised advice and a copy of the public comments on the item received by the Committee were provided to, and considered by, the Minister in 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)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Parliament of Australia to address the pressing need for comprehensive protection and conservation of the nation's environment and biodiversity, including threatened species. This Act, administered by the Minister for Sustainability, Environment, Water, Population and Communities, aims to safeguard biodiversity by providing a framework for the listing, protection, and management of threatened species. The explanatory statement outlines a legislative instrument issued under section 184(1)(a) of the Act, which amends the list of threatened species by adding the combined koala populations of Queensland, New South Wales, and the Australian Capital Territory to the vulnerable category. This amendment follows a thorough assessment by the Threatened Species Scientific Committee, consultations with relevant experts and the public, and consideration of human rights compatibility. The legislative instrument is designed to ensure that conservation efforts are evidence-based and inclusive, reflecting the best available scientific information and public input.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth statute that governs the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. Under this Act, the Minister for Sustainability, Environment, Water, Population and Communities has the authority to amend the list of threatened species, which includes categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. This authority is exercised through legislative instruments, such as the instrument issued to amend the list by including the combined populations of koalas (Phascolarctos cinereus) in Queensland, New South Wales, and the Australian Capital Territory in the vulnerable category. The process for such amendments involves the Threatened Species Scientific Committee, which conducts assessments, seeks public comments, and provides advice to the Minister, who then makes the decision to amend the list based on the committee’s assessment and public feedback. The Act applies across the Commonwealth of Australia and is designed to ensure comprehensive protection and conservation of biodiversity.

Key Provisions

The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that are relevant to the legislative instrument F2012L00962 include sections 178, 184, 194Q, and 194M. Section 178 outlines the list of threatened species, categorising them into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 provides the Minister with the authority to amend this list by adding, deleting, or transferring species between categories. Section 194Q requires the Minister to consider the advice of the Threatened Species Scientific Committee and public comments when making decisions about listing species. Section 194M mandates the committee to seek public comments on species nominations. The Act imposes several obligations on the parties involved, including the Minister and the Threatened Species Scientific Committee. The Minister must consider the Committee's assessment and public comments when deciding to add a species to the threatened species list, as per section 194Q. The Committee is responsible for preparing nominations for species, seeking public comments, and providing advice to the Minister. This process ensures that decisions are informed by scientific data and public input. Additionally, the Act requires the Minister to make amendments to the list in accordance with the legislative instrument, which was done in this case to include the combined koala populations of Queensland, New South Wales, and the Australian Capital Territory in the vulnerable category. There are potential civil and criminal consequences for breaches of the Act, though specific offences and penalties are not detailed in this particular legislative instrument. Generally, under the Act, offences may include unauthorised actions that harm listed species or their habitats, which can lead to fines and imprisonment. The exact penalties can vary depending on the nature and severity of the breach. For instance, offences involving serious harm to listed species can attract higher penalties, with fines potentially reaching up to $210,000 for individuals and $1.05 million for corporations, alongside or instead of imprisonment terms. The Act also provides for enforcement by authorised officers who have powers to enter and inspect premises, seize items, and arrest individuals suspected of offences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.