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)(a)
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 the conservation of biodiversity, including the protection and conservation of listed 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.
The process for making amendments to the List is set out in Subdivision AA of Division 1 of Part 13, of the Act.
The purpose of this Instrument is to amend the List by:
transferring from the vulnerable category in the list to the endangered category in the list:
Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Subdivision AA of Division 1 of Part 13 of the Act.
The Threatened Species Scientific Committee (the Committee) sought public comment on whether the species was eligible for inclusion in the particular categories of the List.
The period for public comment was at least 30 business days between 2 December 2011 and 23 January 2012. One public comment was received, and 15 expert submissions were received from targeted consultation.
The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in particular categories of 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 (Cth).
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 Instrument does not engage any of the applicable rights or freedoms.
Authority: sections 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 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 listed threatened species. This Act addresses the gap in environmental protection by providing a legislative framework that enables the Commonwealth to safeguard the environment against significant impacts. Enacted by the Parliament of Australia, the Act aims to protect and conserve Australia's unique biodiversity, ecosystems, and heritage sites. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, seeks to amend the List of threatened species by transferring the Rostratula australis from the vulnerable category to the endangered category, following a thorough consultation process with both the public and experts as outlined in the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all persons and entities within the Commonwealth of Australia, encompassing various industries and activities that may impact the environment and biodiversity. This Act is particularly focused on the protection of matters of national environmental significance, including the conservation of biodiversity and the safeguarding of listed threatened species. The Act enables the Minister 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 legislative instrument amends the List by transferring a particular species from the vulnerable category to the endangered category, reflecting its updated conservation status based on expert assessments and public consultation. The process of amending the List follows the procedures outlined in the Act, including targeted consultation and public comment periods, ensuring transparency and stakeholder engagement. The changes made by this instrument are subject to the legislative framework and commenced upon registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) sets out provisions for the protection of the environment, with a particular focus on matters of national environmental significance and the conservation of biodiversity, including threatened species. Under section 178, the Act maintains a list of threatened species, which is categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Minister, under section 184(1)(a), has the authority to amend this list by legislative instrument, which is the method used in this case to transfer Rostratula australis from the vulnerable category to the endangered category. The process for making such amendments is detailed in Subdivision AA of Division 1 of Part 13 of the Act, which includes a public consultation period and a review by the Threatened Species Scientific Committee.
The obligations imposed by the Act on parties and entities primarily revolve around compliance with the listed categories of threatened species and adherence to any associated protection measures. When a species is listed as endangered, it triggers a series of protective measures and requirements for conservation efforts. Entities that may affect endangered species, such as landowners or businesses, must ensure their activities do not harm the species or its habitat. Additionally, the Act mandates that any actions impacting endangered species must be assessed for their potential environmental effects, and appropriate measures must be taken to mitigate any adverse impacts.
Failure to comply with the Act’s provisions regarding the protection of threatened species can result in significant consequences. The Act includes both civil and criminal penalties for breaches. Civil penalties can include substantial fines, up to the maximum amounts prescribed by the Act. For example, for an individual, the penalty could be as high as 500,000 penalty units, and for a body corporate, it could be as much as 2.5 million penalty units. In addition to financial penalties, criminal offences may also be charged, leading to imprisonment. The specific maximum penalties are detailed within the Act, reflecting the seriousness with which the legislation treats breaches of its environmental protection mandates.