Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive environmental protection, particularly concerning matters of national environmental significance and the conservation of biodiversity, including the protection of threatened species. The Act establishes a list of threatened species, categorised into various levels of risk, and provides mechanisms for their protection. The Act's legislative instrument under section 184(1)(d) allows the Minister to amend the list of threatened species to correct inaccuracies or update names, without necessitating consultation when the changes do not involve substantial alterations. This particular legislative instrument aims to correct and update the scientific names of threatened species on the list, reflecting taxonomic revisions that do not change the species' concept or description. The amendments, detailed in Attachment A, are based on taxonomic revisions and have been reviewed by the Threatened Species Scientific Committee as required by section 189(1) of the Act. This legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms outlined in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a comprehensive piece of legislation aimed at safeguarding the environment and conserving biodiversity, particularly focusing on matters of national environmental significance and the protection of threatened species. This Act applies to all persons, entities, and industries within the Commonwealth of Australia, and it extends to all conduct and transactions that may impact the environment or biodiversity. The Act's jurisdictional reach is national, impacting all states, territories, and the Commonwealth. It includes provisions for listing species as threatened, which are categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Under section 184(1)(d), the Minister is empowered to amend the List of threatened species through legislative instruments to correct inaccuracies or update the names of listed species, ensuring the scientific accuracy of the List. This specific Instrument amends the scientific names of threatened species without altering their conceptual descriptions, following taxonomic revisions. Exemptions or exclusions are not detailed in this particular Instrument, which is limited to name corrections and updates. The Instrument is subject to the Legislative Instruments Act 2003 (Cth) and commences on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) in this legislative instrument pertain to the updating of the List of threatened species as per section 184(1)(d). This section allows the Minister to amend the List to correct inaccuracies or update the names of listed threatened species. This specific legislative instrument amends the scientific names of threatened species included in the List, as detailed in Attachment A. These changes stem from taxonomic revisions that do not alter the species' descriptions or concepts. The Act imposes several obligations and requirements on the parties and entities it governs. Section 189(1) of the Act requires the rule-maker to seek and consider advice from the Threatened Species Scientific Committee before making amendments to the List. This requirement ensures that the changes are scientifically sound and based on expert advice. The rule-maker must also ensure that the amendments are compatible with the human rights and freedoms recognised in international instruments, as stated in the Statement of Compatibility with Human Rights. This legislative instrument is made under the authority of section 184(1)(d) and is subject to the Legislative Instruments Act 2003 (Cth), ensuring that it is properly registered and comes into effect on the day after registration. In terms of penalties and consequences for breaches, the Environment Protection and Biodiversity Conservation Act 1999 (Cth) includes provisions for offences and penalties for actions that threaten listed species or biodiversity. While this specific legislative instrument focuses on correcting names and does not introduce substantial changes to the List, any failure to comply with the Act's requirements could result in enforcement actions. These could include fines or legal proceedings, with the maximum penalties varying depending on the nature and severity of the offence. The Act provides a framework for protecting the environment and biodiversity, and any breaches could have serious civil or criminal consequences.