Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the protection of the environment and conservation of biodiversity, including the preservation of threatened species. The Act provides a framework for listing species that are extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 192 of the Act allows the Minister for the Environment to transfer species from the extinct category to another category if the Minister is satisfied that the species has been rediscovered in nature. This legislative instrument amends the list of threatened species by transferring Prostanthera albohirta from the extinct to the critically endangered category, following its rediscovery in north Queensland. This transfer was made without the need for consultation, as per section 192, although consultation was voluntarily undertaken with relevant bodies. The amendment ensures the species receives appropriate conservation efforts given its critically low population and limited geographic range.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to all individuals, entities, and industries within Australia, extending its protective measures to all Commonwealth, state, and territory jurisdictions. The Act focuses on the conservation of biodiversity and the protection of the environment, including threatened species. Under this Act, the Minister for the Environment has the authority to list threatened species in various categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act’s application is not limited to specific industries but encompasses all conduct and transactions that may impact the environment or biodiversity. Notably, the Act can extend or restrict its application through subordinate instruments, such as the one described in the explanatory statement, which amends the list of threatened species without the need for consultation as stipulated in section 192. This particular instrument transfers Prostanthera albohirta from the extinct to the critically endangered category following its rediscovery, demonstrating the Act's adaptive capacity to respond to new ecological findings.

Key Provisions

The main operative sections of this legislation, as detailed in the Explanatory Statement, are sections 178 and 192 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 178 lists various categories of threatened species, including extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 192 allows the Minister to transfer a species from the extinct category to another category if the species has been definitively located in nature after being listed as extinct, without needing to consult the Scientific Committee. The Instrument under section 192 amends the list by transferring Prostanthera albohirta from the extinct category to the critically endangered category. The Act imposes several obligations on parties and entities it governs. Firstly, it mandates the Minister to maintain a list of threatened species, which is updated according to scientific findings and evidence. In this case, the Minister has transferred Prostanthera albohirta to a more appropriate category based on recent evidence of its rediscovery. Additionally, the Act requires that any amendments to the list of threatened species be made in accordance with the specified legislative processes, ensuring transparency and adherence to the law. Although consultation was not required under section 192, the Minister did consult with relevant bodies, demonstrating a commitment to thorough and informed decision-making. In terms of offences, penalties, or consequences for breach, the Explanatory Statement does not explicitly outline specific penalties for non-compliance with the Act. However, breaches of the Act can lead to significant civil and criminal consequences under other sections of the legislation. For instance, unauthorised activities that impact listed species or their habitats can result in substantial fines and, in severe cases, imprisonment. The maximum penalties for offences under the Act can vary widely depending on the nature and severity of the breach, but they can include fines of up to AUD 5.5 million for corporations and AUD 110,000 for individuals, along with potential imprisonment terms. The compatibility with human rights as outlined in the Statement of Compatibility with Human Rights indicates that the Legislative Instrument does not engage any of the applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. This means that the amendments to the list of threatened species do not infringe upon any human rights or freedoms, and the Instrument is deemed compatible with human rights. The conclusion reiterates that the Legislative Instrument does not raise any human rights issues, thereby affirming its compatibility with the recognised human rights framework.