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 section 184(1)(d)
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment, especially matters of national environmental significance, 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(1)(d) of the Act provides that the Minister may, by legislative instrument, amend the List to correct an inaccuracy or update the name of a listed threatened species.
The purpose of this Instrument is to amend the List by correcting and updating the scientific names of threatened species included in the List as set out in Attachment A. In that attachment:
- ‘Current EPBC Act listed name’ refers to the name on the List before amendment; and
- ‘Updated EPBC Act listed name’ is the new name after the Instrument has taken effect.
These name changes result from changes to the species’ names following taxonomic revisions where the taxonomic revisions have not altered the concept or description of the species and formal description.
As this Instrument only corrects inaccuracies and updates names in the List and does not make any substantial changes to the List, consultation was not considered necessary.
Section 189(1) of the Act requires the rule-maker, when deciding whether to amend the List under section 184(1)(d) of the Act, to obtain and consider advice from the Threatened Species Scientific Committee on the proposed amendment. That advice was sought and considered prior to the making of the Instrument.
The 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
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)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
ATTACHMENT A
Amendments to EPBC Act listed species
Flora species
Current EPBC Act listed name | Updated EPBC Act listed name |
Oreoporanthera petalifera | Poranthera petalifera |
Eremophila sp. Rainbow Valley (T.S.Henshall 1181) | Eremophila prostrata |
Fauna species
Current EPBC Act listed name | Updated EPBC Act listed name |
Patiriella vivipara | Parvulastra vivipara |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of threatened species. Section 184(1)(d) of the Act enables the Minister to amend the list of threatened species to correct inaccuracies or update the names of listed species. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, serves to correct and update the scientific names of threatened species listed in the Act, without altering the concept or description of the species and formal description. This was achieved following taxonomic revisions. The policy objective is to ensure the list remains accurate and reflective of current scientific understanding, thereby maintaining the integrity of environmental protection and biodiversity conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth Act that applies to all persons and entities within Australia, regardless of their location. It encompasses various industries and conduct that may impact the environment and biodiversity, especially matters of national environmental significance. This Act facilitates the protection and conservation of threatened species, with a list of these species being maintained and periodically updated to reflect current scientific understanding. The Act allows the Minister to amend the list of threatened species by legislative instrument to correct inaccuracies or update the names of listed species without altering their descriptions or conservation status. This legislative instrument, issued under section 184(1)(d) of the Act, focuses solely on updating the scientific names of listed threatened species based on taxonomic revisions, ensuring the list remains accurate and reflective of the latest scientific nomenclature. The instrument does not introduce new species to the list or change their conservation categories. It is a legislative instrument under the Legislative Instruments Act 2003 (Cth) and comes into effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The key sections of this legislation (F2012L01915) pertain to the Environment Protection and Biodiversity Conservation Act 1999 (Cth), specifically focusing on the amendment of the List of threatened species. Section 184(1)(d) of the Act allows the Minister to amend the List to correct inaccuracies or update the names of listed threatened species. This Instrument aims to correct and update the scientific names of threatened species in the List, as detailed in Attachment A, without altering the concept or description of the species. The changes are a result of taxonomic revisions where the formal descriptions of species have changed but their biological characteristics have not.
The obligations imposed by this legislation are primarily on the Minister for Sustainability, Environment, Water, Population and Communities. Under Section 189(1) of the Act, the Minister must seek and consider advice from the Threatened Species Scientific Committee before making amendments to the List. This advice was obtained and considered prior to the creation of this Instrument, ensuring that the changes are scientifically sound and justified.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of this legislation. However, any failure to comply with the Act or its amendments could potentially result in legal action for non-compliance with environmental protection laws. The penalties for breaches of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) can include substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach. For example, under Section 475 of the Act, an individual can be fined up to $66,000 or imprisoned for up to one year, or both, for knowingly or recklessly engaging in activities that harm listed threatened species. For corporations, the fines can be much higher, up to $330,000 for individuals and significantly more for corporations, reflecting the seriousness of environmental protection laws in Australia.