Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, addresses the need for a comprehensive framework to protect the nation's environment and conserve biodiversity. This legislation establishes mechanisms for the protection and conservation of threatened species by maintaining a list of such species, which are categorised based on their conservation status. The Act empowers the Minister for the Environment to amend this list by including new species or reclassifying existing ones, thus ensuring the list remains current and reflective of the conservation needs. The policy objective behind this legislative measure is to provide a structured approach to the conservation of biodiversity and to protect threatened species from further decline. The legislative instrument issued under section 184(1)(a) of the Act amends the List of Threatened Species to include Bidyanus bidyanus, commonly known as silver perch, in the critically endangered category. This amendment follows a thorough consultation process involving the Threatened Species Scientific Committee, public comment, and relevant experts, ensuring a robust and evidence-based decision-making process. The inclusion of silver perch in the List aims to enhance its protection and promote recovery efforts, aligning with the overarching goal of the Act to safeguard Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) serves as the primary legislative framework for the protection of the environment and conservation of biodiversity within Australia, with a specific focus on the protection and conservation of threatened species. This Act applies to all individuals and entities within Australia, including Commonwealth, state, territory, and local governments, as well as private entities, and extends to any actions or transactions that may impact the environment and biodiversity. One of the key mechanisms of the Act is the listing of threatened species in various categories, such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Minister for the Environment has the authority to amend this list by legislative instrument, a power conferred by section 184 of the Act. This instrument, F2013L02175, specifically amends the list by including Bidyanus bidyanus, commonly known as the silver perch, in the critically endangered category. The process of amending the list involves consultation with the Threatened Species Scientific Committee and public consultation, as stipulated in Part 13, Division 1, Subdivision AA of the Act. This legislative instrument became effective on the day it was registered on the Federal Register of Legislative Instruments, demonstrating the Act's reach and the mechanisms in place for its application and enforcement.

Key Provisions

The main operative sections of the instrument under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) pertain to the amendment of the list of threatened species. Section 184(1)(a) empowers the Minister to amend the List by including new species, deleting existing ones, or transferring species between categories. This particular legislative instrument amends the List by including the silver perch (Bidyanus bidyanus) in the critically endangered category (Section 184(1)(a)). The Act requires consultation processes to be followed before such amendments, ensuring that all stakeholders are given an opportunity to provide input. The obligations and requirements imposed by this Act on the parties it governs are primarily centered around the protection and conservation of biodiversity, including threatened species. The Act mandates the Minister to consider recommendations from the Threatened Species Scientific Committee and to consult with relevant experts and the public when making amendments to the List of threatened species. This involves a formal process of assessment, consultation, and public comment, as outlined in Part 13, Division 1, Subdivision AA of the Act. The Act also requires the Minister to provide a written assessment of the nominated species’ eligibility for inclusion on the List, which is then considered in the decision-making process. In terms of consequences for breach, the Act does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, failure to adhere to the mandated consultation and assessment processes could result in legal challenges or administrative reviews. The consequences for not protecting listed species could include fines or imprisonment under other sections of the Act, although these specific penalties are not detailed in the instrument itself. The Act's overarching objective is to ensure the protection and conservation of biodiversity, with enforcement actions typically taken to uphold these goals.