Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to protect the environment, particularly matters of national environmental significance, and to conserve biodiversity, including threatened species. This Act provides for the creation and management of a list of threatened species, which are categorised into different levels of risk such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 of the Act allows the Minister to amend this list via legislative instruments. The purpose of this specific legislative instrument is to update the conservation dependent category of the list by adding two species, Centrophorus harrissoni and Centrophorus zeehaani, which have experienced significant population declines. These additions are in line with specific management strategies aimed at halting further decline and supporting recovery to enhance their chances of survival. The process involved obtaining advice from the Threatened Species Scientific Committee, public consultation, and expert consultation, resulting in no public comments but informed assessments that supported the amendments. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) serves to safeguard the environment with a specific focus on matters of national environmental significance and the conservation of biodiversity, including the protection of listed threatened species. Under Section 184(1) of the Act, the Minister has the authority to amend the list of threatened species by Legislative Instrument, with Section 189(1) requiring that any such decisions are informed by advice from the Threatened Species Scientific Committee. This particular legislative instrument amends the list by adding two species, Centrophorus harrissoni and Centrophorus zeehaani, to the conservation dependent category due to significant population declines. The decision to include these species was based on advice from the Committee, which considered public comments and expert opinions, although no public comments were received for these particular additions. The addition of these species aims to ensure their management aligns with specific recovery strategies designed to halt population decline and support recovery, thereby maximising their chance of survival in the wild. The Act applies nationally across Australia, extending its reach to all entities and persons involved in activities that may impact these species, and the legislative instrument came into effect upon its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) includes specific provisions to protect the environment and biodiversity, particularly endangered species. Section 178 lists various categories of threatened species, such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184(1) empowers the Minister to amend this list via legislative instruments. The legislation in question adds two species, Centrophorus harrissoni and Centrophorus zeehaani, to the conservation dependent category of the list. These species have seen significant population declines and are now managed under specific strategies outlined in the Upper-Slope Dogfish Management Strategy (AFMA, 2012b) and the NSW strategy to assist with the rebuilding of Harrisson's and southern dogfish populations (NSWDPI, 2012). Under Section 189(1) of the Act, the Minister must obtain and consider advice from the Threatened Species Scientific Committee when deciding on amendments to the List. In this instance, the Committee sought public comment for a period of at least 30 business days during October and November 2009. Although no public comments were received, the Committee also consulted with relevant experts and government authorities. The Committee prepared written assessments of the eligibility of the nominated species for inclusion in the List, which were reviewed by the Minister before the Instrument was finalised. This legislative instrument, which is governed by the Legislative Instruments Act 2003 (Cth), took effect the day after its registration on the Federal Register of Legislative Instruments. Entities and individuals governed by this Act face obligations to comply with the provisions related to the conservation of listed species. For instance, they must adhere to the management strategies outlined for species such as Centrophorus harrissoni and Centrophorus zeehaani. Failure to comply with the Act's requirements can lead to serious consequences. The Act does not specify particular offences or penalties in this context, but breaches of environmental protection laws generally can lead to substantial fines and even imprisonment. The maximum penalties for contravening environmental protection laws can vary widely, with some offences carrying penalties of up to $1.1 million for corporations and $220,000 for individuals, along with potential custodial sentences.