EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a), (b) and (c)
(Issued under the Authority of the Minister for Environment Protection, Heritage and the Arts)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened species.
The purpose of this instrument is to amend the list of threatened species under the Act in accordance with s184(1)(a), (b) and (c) of the Act by:
- deleting Acacia chinchillensis, Austrostipa nullanulla, Callistemon sp. Boulia (L.Pedley 5297), Dillwynia tenuifolia, Diuris sheaffiana, Eucalyptus blaxellii, Ipomoea sp. Stirling (P.K.Latz 10408), Pleurophascum occidentale, Pultenaea campbellii and Pultenaea stuartiana from the list in the vulnerable category.
- deleting Apatophyllum constablei from the list in the endangered category.
- including Phascogale pirata and Tyto novaehollandiae castanops (Tasmanian population) in the list in the vulnerable category.
- including Antipodia chaostola leucophaea, Ceyx azureus diemenensis, Prasophyllum pruinosum and Ricinocarpos brevis in the list in the endangered category.
- including Azorella macquariensis, Hibbertia tenuis, Leucopogon spectabilis, Pityrodia axillaris, Scaevola macrophylla and Verticordia apecta in the list in the critically endangered category.
- transferring Eucalyptus canobolensis from the vulnerable category to the endangered category.
Consultation on the nominations to amend the list of threatened species under the Act to include these species was undertaken before this legislative instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Environment Protection and Biodiversity Conservation Act 1999. The nominations were placed on public exhibition, and public comments were sought. Parties with relevant expertise were directly consulted regarding their views. Assessments and advice of the Threatened Species Scientific Committee (TSSC) were considered in relation to the amendments to include the above items and to update the scientific name of the above 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Commonwealth Parliament to provide for the protection and conservation of Australia's biodiversity, including threatened species. The Act aims to ensure the preservation of species and ecological communities that are identified as endangered, vulnerable, or critically endangered, and to manage activities that may have a significant impact on them. The Act empowers the Minister for Environment Protection, Heritage and the Arts to amend the list of threatened species through legislative instruments, as outlined in section 184(1)(a), (b) and (c) of the Act. This particular legislative instrument, issued under the authority of the Minister, updates the list of threatened species by removing certain species from the vulnerable category, reclassifying a species from vulnerable to endangered, and adding several species to various categories of threat. The amendments are based on recommendations from the Threatened Species Scientific Committee, following consultation with relevant experts and the public.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 is a Commonwealth statute that imposes obligations on the government to protect and conserve threatened species. This Act applies to all entities and individuals within the jurisdiction of the Commonwealth of Australia, including those involved in activities that may impact the listed species. The legislative instrument issued under section 184(1)(a), (b) and (c) of the Act amends the list of threatened species, detailing specific changes such as reclassifying certain species from one conservation category to another or removing species from the list altogether. The changes involve the addition and removal of various flora and fauna from categories such as vulnerable, endangered, and critically endangered. The instrument ensures that the legislative updates are based on public consultation, expert advice, and scientific assessments. Notably, the Act’s application extends to the entire national territory, reinforcing the Commonwealth’s role in biodiversity conservation across Australia. There are no stated exclusions or exemptions within the instrument itself, although the overarching Act may include provisions that define the scope of its application.
Key Provisions
The main operative sections of this instrument are sections 184(1)(a), (b) and (c) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), which empower the Minister to amend the list of threatened species. Section 184(1)(a) allows for the addition of species to the list of threatened species, while section 184(1)(b) enables the deletion of species from the list. Section 184(1)(c) permits the reclassification of species from one conservation status to another, such as moving a species from being classified as vulnerable to endangered.
The Act imposes several obligations on the parties it governs, primarily the Commonwealth. These include the duty to protect and conserve threatened species and their habitats, as well as to ensure that actions taken do not harm listed species or their habitats. The Act also mandates that the Minister consults with relevant parties and considers the advice of the Threatened Species Scientific Committee (TSSC) when making decisions about listing or delisting species.
Under this instrument, specific consequences and penalties are not explicitly outlined. However, breaches of the Act can result in civil or criminal penalties depending on the nature and severity of the breach. For instance, under section 484 of the Act, a person who intentionally or recklessly causes harm to a listed threatened species may be liable for a civil penalty of up to $666,000 for an individual and $3.3 million for a body corporate. Additionally, criminal penalties, such as fines and imprisonment, can be imposed for more serious offences, with maximum penalties varying based on the offence. For example, under section 493, a person who commits an offence that causes serious harm to a listed threatened species may be fined up to $5.5 million and/or imprisoned for up to 10 years.