Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to safeguard the environment and conserve biodiversity, including the protection of threatened species. The Act provides for a list of threatened species, separated into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. To amend this list, the Minister for the Environment may, under section 184 of the Act, by legislative instrument, add, delete, or transfer species between categories. This legislative instrument, issued under the authority of the Minister for the Environment, amends the List by including certain species in the endangered or critically endangered categories and transferring one species from the vulnerable to the critically endangered category. The amendments were made following consultations with the Threatened Species Scientific Committee and a public comment period, in accordance with the legislative process outlined in the Act. The legislative instrument, registered on the Federal Register of Legislative Instruments, commenced on the day after registration.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to a broad range of entities and individuals involved in activities that may impact the environment and biodiversity across Australia. This legislation is applicable to Commonwealth entities, corporations, individuals, and any other entities or individuals whose actions or projects may affect matters of environmental protection and biodiversity conservation. The Act's jurisdictional reach is nationwide, covering all states, territories, and Commonwealth areas. Notably, the Act allows the Minister to amend the list of threatened species by legislative instruments, which can include or exclude species based on their conservation status. This particular legislative instrument amends the list by adding several species to the endangered and critically endangered categories, and re-categorises one species from vulnerable to critically endangered. The process for these amendments involves consultation with the Threatened Species Scientific Committee and a period for public comment, although in this instance, no public comments were received. The amendments are effective from the date of registration on the Federal Register of Legislative Instruments, and any further application or restrictions are subject to subordinate instruments as may be necessary under the Act.

Key Provisions

The main operative sections of the legislation concern the amendments to the List of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 184(1)(a) and (c) empower the Minister to amend the List by legislative instrument. In this case, the Minister has amended the List by including four new species in various categories and transferring one species from the vulnerable to the critically endangered category (Section 184). The species added to the endangered category are Cyrtodactylus sadleiri, and to the critically endangered category are Cryptoblepharus egeriae, Emoia nativitatis, and Pteropus melanotus natalis. Additionally, Lepidodactylus listeri has been moved from the vulnerable to the critically endangered category. The Act imposes specific obligations on the parties and entities it governs. These include the requirement for the Threatened Species Scientific Committee (the Committee) to assess the eligibility of nominated species for inclusion in the List. This assessment process must be conducted in accordance with the procedures outlined in Part 13, Division 1, Subdivision AA of the Act. Furthermore, the Committee must seek public comment on the proposed amendments for a specified period, which was 31 business days between 4 December 2012 and 18 January 2013 for this Instrument. The written assessments prepared by the Committee must then be provided to the Minister for consideration in the making of the Instrument. The process for making amendments to the List is designed to ensure transparency and public involvement in the protection of biodiversity. There are potential civil and criminal consequences for breaches of the Act. Although the specific penalties are not detailed in this explanatory statement, under the Act, unauthorised actions that harm listed threatened species or their habitats can lead to significant penalties. For instance, offences involving the destruction or significant harm to listed species may result in fines up to $275,000 for individuals and $1.375 million for corporations, as well as potential imprisonment. The Act also allows for the imposition of compliance notices and other enforcement actions to ensure adherence to its provisions. These measures underscore the seriousness with which the Act treats the conservation of threatened species and the environment.