Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, including the conservation of threatened species. One of the mechanisms within the Act is the maintenance of a List of threatened species, which is regularly updated to reflect the latest taxonomic and nomenclatural revisions. The 2013 legislative instrument under section 184(1)(d) of the Act serves to correct inaccuracies and update the names of threatened species listed, ensuring the List remains accurate and current. The instrument was developed in consultation with the Threatened Species Scientific Committee, which advised on the proposed amendments, ensuring that the changes reflect the most recent scientific understanding without altering the fundamental descriptions of the species. This amendment to the List is a straightforward update and does not involve any substantial changes to the conservation status or management of the listed species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to individuals, entities, industries, and transactions that may impact the environment, particularly matters of national environmental significance, such as the protection and conservation of threatened species. The Act's jurisdiction is national, covering the entire Commonwealth of Australia, and it includes provisions for updating and correcting the List of threatened species through legislative instruments. The Act provides the Minister with the authority to amend the List to correct inaccuracies or update the names of listed threatened species without the need for substantial changes, as seen in the legislative instrument F2013L00937. This instrument amends the names of certain listed threatened species based on taxonomic revisions and formal publications, and it came into effect on the day after its registration on the Federal Register of Legislative Instruments. Notably, the instrument only involves name changes without altering the concept or description of the species, and thus, consultation was not deemed necessary. However, the Threatened Species Scientific Committee's advice was considered prior to the amendment, ensuring the updates are scientifically sound.

Key Provisions

The main operative sections of this legislation pertain to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (sections 178, 184(1)(d), and 189(1)), which provide for the protection and conservation of threatened species by maintaining and updating a list of these species (section 178). This particular legislative instrument amends the List by correcting inaccuracies and updating the names of listed threatened species as set out in Attachment A (section 184(1)(d)). The Minister's decision to amend the List under section 184(1)(d) required consideration of advice from the Threatened Species Scientific Committee (section 189(1)), which was sought and considered prior to the making of the Instrument. The obligations and requirements imposed by this Act primarily involve the maintenance and updating of the List of threatened species. This includes ensuring that the scientific names of listed species are accurate and reflect any taxonomic revisions or formal publications. The Act also mandates that the Minister seek and consider advice from the Threatened Species Scientific Committee when deciding to amend the List (section 189(1)). This ensures that the amendments are scientifically sound and appropriate. In terms of offences, penalties, or consequences for breach, the Act does not specify any civil or criminal penalties for incorrect listing or failure to update the List of threatened species. However, the accuracy and currency of the List are crucial for effective environmental protection and biodiversity conservation. Any inaccuracies or outdated information could potentially undermine the effectiveness of the Act in protecting and conserving threatened species. The Act's focus is on maintaining a scientifically accurate and up-to-date List to facilitate the protection and conservation of threatened species.