Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a pivotal piece of Australian legislation enacted to protect the environment, particularly matters of national environmental significance, and to conserve biodiversity, including threatened species. The Act is administered by the Australian Government and is overseen by the Minister for the Environment. This legislation provides for the listing of threatened species, threatened ecological communities, and key threatening processes. The purpose of the legislative instrument F2018L01187 is to amend the list of threatened species under section 184(d) of the EPBC Act by correcting and updating the scientific name of a listed species from Galaxias truttaceus hesperius to Galaxias truttaceus (Western Australian population). This name change was recommended by the Threatened Species Scientific Committee and does not alter the concept or description of the species. The instrument aims to rectify an inaccuracy in the list without necessitating public consultation due to the minor nature of the amendment. This legislative change is fully compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all persons and entities within Australia, as well as to activities that may impact matters of national environmental significance or threaten biodiversity, including threatened species. The Act operates across the Commonwealth, with its provisions extending to all states, territories, and external territories of Australia. Section 184(d) of the Act allows the Minister or delegate to amend the list of threatened species to correct inaccuracies or update the names of listed species, as demonstrated in this legislative instrument. This specific instrument updates the scientific name of a threatened species from Galaxias truttaceus hesperius to Galaxias truttaceus (Western Australian population), reflecting a procedural decision without altering the concept or description of the species. The instrument was made after obtaining and considering advice from the Threatened Species Scientific Committee as required by section 189(1) of the EPBC Act, and it commenced on the day after registration on the Federal Register of Legislation. This legislative instrument does not engage any human rights issues, as it solely corrects an inaccuracy in the list of threatened species without making substantial changes to the list.

Key Provisions

This legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) under section 184(d) to correct the name of a threatened species on the list maintained by the Act. Specifically, the scientific name "Galaxias truttaceus hesperius" is updated to "Galaxias truttaceus (Western Australian population)" (section 2). This amendment results from a procedural decision that has not altered the concept or description of the species. The Act imposes certain obligations on the Minister or delegate to ensure the accuracy and integrity of the list of threatened species. Under section 189(1) of the EPBC Act, the rule-maker is required to obtain and consider advice from the Threatened Species Scientific Committee before deciding to amend the List. In this case, the Committee recommended the name change, and this advice was considered before the instrument was made. Additionally, section 17(1)(a) of the Legislation Act 2003 stipulates that appropriate consultation must be undertaken before making a legislative instrument. However, given that this amendment is purely corrective and does not involve substantial changes to the List, public consultation was deemed unnecessary. Breaches of the provisions of the EPBC Act can lead to various civil and criminal consequences. For instance, actions that adversely affect listed threatened species or their habitats can result in offences under the Act. The penalties for these offences vary depending on the severity of the breach and can include substantial fines and imprisonment. The maximum penalty for contravening provisions related to threatened species can reach up to AUD 1.1 million for corporations and AUD 220,000 for individuals, as outlined in the Act. These provisions are designed to enforce the protection and conservation of biodiversity and to penalise those who fail to comply with the legislative requirements.