EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 192
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment 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 192 of the Act provides that the Minister may, by legislative instrument, amend the List if the Minister is satisfied that a native species that is listed in the extinct category has been definitely located in nature since it was last listed as extinct, the Minister may, under section 184, transfer the species from the extinct category to another category without considering advice from the Scientific Committee.
The purpose of this Instrument is to amend the List by:
- transferring Ptilotus pyramidatus from the extinct to the critically endangered category of the Act.
Background
The transfer results from the recent rediscovery of the species in the Perth metropolitan area The species is currently known from only one population consisting of three small clumps of individuals growing within a few metres of each other. As it is a rhizomatous species it is possible that these “clumps” could be interconnected and hence be one individual plant
Consultation
In accordance with section 192 of the Act consultation is not required to be undertaken before the Instrument was made. Although not required, consultation was undertaken in June 2013 with the Western Australian government and the Australian Biological Resources Study regarding confirmation of the rediscovery of the species.
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (145)
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.
Overview of the Legislative Instrument
The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species by transferring Ptilotus pyramidatus from the extinct to the critically endangered category of the list.
This species is being transferred as the species has been definitely located in nature since it was last listed as extinct.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide a framework for the protection of the environment and the conservation of biodiversity, including threatened species. This Act is managed by the Australian Parliament and aims to safeguard the nation’s environmental and natural heritage. One of the key provisions of this Act is the establishment of a list of threatened species, which are categorised based on their conservation status. Recently, an amendment to this list was made through a legislative instrument under section 192 of the Act, transferring Ptilotus pyramidatus from the extinct to the critically endangered category following its rediscovery in the Perth metropolitan area. The policy objective of this amendment is to ensure that conservation efforts are appropriately targeted and resources are allocated to protect species that are at risk of extinction. This amendment underscores the importance of ongoing monitoring and reassessment of species status to inform effective conservation strategies.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to all individuals and entities within Australia, extending its reach across the Commonwealth, states, territories, and national jurisdictions to protect the environment and conserve biodiversity, including threatened species. The Act encompasses various categories of species such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 192 of the Act allows the Minister for the Environment to amend the list of threatened species without mandatory consultation if certain conditions are met, such as the rediscovery of a species previously listed as extinct. This legislative instrument specifically amends the list by transferring Ptilotus pyramidatus from the extinct category to the critically endangered category following its rediscovery in the Perth metropolitan area. This legislative change is effective immediately upon registration and does not require consultation as stipulated by section 192. The Act extends its application through subordinate instruments which may further define or modify the provisions concerning threatened species and biodiversity conservation.
Key Provisions
The main operative sections of the legislation, F2013L02075, are sections 178, 184 and 192 of the Environment Protection and Biodiversity Conservation Act 1999. Section 178 establishes a list of threatened species, categorising them into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 permits the Minister to transfer species between these categories, while section 192 allows the Minister to amend the list through legislative instruments without needing to consult, in certain circumstances, such as when a species previously listed as extinct has been rediscovered.
The Act imposes several obligations on the parties it governs. Firstly, it mandates the protection and conservation of biodiversity and the environment, with a particular focus on threatened species. Under this legislation, entities must comply with the regulations governing the protection of species listed as threatened. Furthermore, the Act requires the Minister to update the list of threatened species when new information warrants a change in a species' status. The Minister must also ensure that any amendments to the list are made through legislative instruments, as stipulated in section 192.
Breach of the Act's provisions can lead to both civil and criminal consequences. For instance, unauthorised actions that harm listed threatened species can result in fines and imprisonment. Specifically, under section 319 of the Act, a person who contravenes a prohibition on actions that harm threatened species can be fined up to $375,000 for a corporation or $75,000 for an individual, or imprisonment for up to five years, or both. Additionally, section 322 imposes penalties for knowingly or recklessly making false or misleading statements in relation to compliance with the Act, with fines of up to $210,000 for a corporation or $42,000 for an individual. These stringent penalties underscore the importance of adhering to the Act's requirements to protect Australia's biodiversity.