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)(b)
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, 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 Subdivision AA of Division 1 of Part 13, of the Act.
The purpose of this Instrument is to amend the List by:
deleting from the endangered category:
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 7 December 2012 and 25 January 2013. Two comments were received. The Committee also consulted with Western Australian Department of Environment and Conservation regarding their views as part of the list alignment partnership process.
The Committee prepared a written assessment of whether the 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.
Authority: sections 184(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide a framework for the protection of the environment, with a particular emphasis on matters of national environmental significance and the conservation of biodiversity, including threatened species. The Act includes provisions for the protection and conservation of listed threatened species by categorising them into various risk levels, such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act empowers the Minister to amend the list of threatened species through legislative instruments, as stipulated in section 184. In this context, an instrument has been issued to amend the list by removing Synemon gratiosa from the endangered category. The decision followed a consultation process, including public comment and consultation with relevant authorities, to assess the eligibility of the species for its current category on the list. This legislative instrument aims to reflect the most accurate and up-to-date conservation status of the species in question.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals and entities within the Commonwealth of Australia, including both public and private sectors, as well as any conduct and transactions that may impact the environment, particularly matters of national environmental significance and biodiversity conservation. The Act specifically pertains to the protection and conservation of listed threatened species, which are categorized into distinct groups such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 of the Act empowers the Minister to amend the List of threatened species by adding, removing, or transferring species between categories through legislative instruments. This particular instrument amends the List by removing Synemon gratiosa from the endangered category following consultations with the Threatened Species Scientific Committee and the Western Australian Department of Environment and Conservation. The amendments are made in accordance with the statutory process outlined in the Act, which includes a public consultation period of at least 30 business days. The instrument is a legislative instrument under the Legislative Instruments Act 2003 (Cth) and came into effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) involve amendments to the List of threatened species, specifically the deletion of Synemon gratiosa from the endangered category (Section 184(1)(b)). This legislative instrument allows the Minister to amend the List by adding, deleting, or transferring species between categories based on their conservation status. The Act provides a framework for the protection of biodiversity, and this particular amendment follows a process of consultation and assessment as outlined in Subdivision AA of Division 1 of Part 13 of the Act.
The obligations and requirements imposed by this Act on the parties and entities it governs include ensuring that threatened species are properly listed and managed. This involves the Minister consulting with relevant scientific committees, such as the Threatened Species Scientific Committee, and seeking public comment on proposed amendments. Additionally, the Act requires collaboration with state and territory authorities, such as the Western Australian Department of Environment and Conservation, to align conservation efforts. These consultations and assessments are integral to ensuring that decisions about species protection are evidence-based and consider the broader implications for biodiversity conservation.
Breaches of the obligations and requirements set out in the Environment Protection and Biodiversity Conservation Act 1999 (Cth) can result in both civil and criminal consequences. Civil penalties may include fines and other monetary penalties, with specific amounts determined by the court. For criminal offences, the Act outlines various offences such as unlawful taking, harming, or trading of threatened species, which can incur significant penalties. The maximum penalties for these offences vary depending on the nature and severity of the breach, with some offences potentially resulting in substantial fines and imprisonment. The enforcement of these penalties is intended to deter non-compliance and promote adherence to the conservation objectives of the Act.