EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(a)(b)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Section 178 of the Act provides for a list of threatened species (the List) separated into particular categories being, extinct, extinct in the wild, critically endangered, endangered, vulnerable and conservation dependent.
Section 184 of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List, delete an item from the List or, transfer an item from one category in the List to another category.
The process for making amendments to the List to include or transfer an item is set out in Part 13, Division 1, Subdivision AA of the Act. The relevant considerations for making amendments to the List to delete an item are set out in Part 13, Division 1, Subdivision A of the Act.
The purpose of this Instrument is to amend the List by:
- Including in the list of threatened species in the endangered category:
Petrogale concinna canescens
Petrogale concinna monastria
Dasyurus viverrinus
Hipposideros inornatus
Petrogale coenensis
- Including in the list of threatened species in the vulnerable category:
Antechinus bellus
- Deleting from the list of threatened species in the endangered category:
Notoryctes caurinus
Notoryctes typhlops
Consultation
Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act.
The Threatened Species Scientific Committee (the Committee):
- recommended Antechinus bellus for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013, to which the minister agreed;
- recommended the other 7 species for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2014, to which the minister agreed; and
- sought public comment on the species.
The Committee also consulted parties with relevant expertise regarding their views, including:
- Relevant researchers from Australian universities
- Relevant state and territory governments
- Relevant non-government organisations.
The period for public comment for Antechinus bellus was 30 business days between 2 October 2014 and 18 November 2014, and >30 business days between 24 March 2015 and 8 May 2015 for the other species. In total, for all species, three public comments were received and eight submissions were received from targeted consultation.
The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The written assessments were provided to the Minister and considered in relation to the making of the Instrument.
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.
Authority: section 184(1)(a)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive protection and conservation of the environment and biodiversity within Australia. This includes the protection and conservation of threatened species, which are at risk of extinction or significant decline. The Act provides a legislative framework for managing these issues, including the establishment of a list of threatened species. The Act empowers the Minister to amend this list by legislative instrument to better reflect the current status of various species. The explanatory statement for the instrument F2015L01912 outlines amendments to this list, including the addition of certain species to the endangered or vulnerable categories and the removal of others from the endangered category. The decision-making process involved consultation with the Threatened Species Scientific Committee and relevant stakeholders, and the instrument aims to reflect the most current scientific assessments of species' conservation status.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, industries, and conduct that may impact the environment and biodiversity within Australia, including threatened species. Under this Act, the Minister for the Environment has the authority to amend the list of threatened species through legislative instruments, such as the one described in F2015L01912. This particular legislative instrument amends the list by including several species in the endangered and vulnerable categories, and removing others from the endangered category. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, and applies across all states and territories of Australia. There are no specific exclusions or exemptions mentioned in the text, although the application of the Act may be subject to subordinate instruments that might further define specific exclusions or thresholds. The process for making amendments to the List is detailed in the Act itself, ensuring a structured approach to conservation efforts.
Key Provisions
The main operative sections of the legislation are sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 178 sets out the categories for the list of threatened species, while Section 184 provides the Minister with the authority to amend the list by adding, removing, or transferring species between categories. This particular legislative instrument uses that authority to amend the list by adding five species to the endangered category, one species to the vulnerable category, and removing two species from the endangered category.
The Act imposes several obligations on the parties it governs. Firstly, the Threatened Species Scientific Committee must recommend species for inclusion on the list based on priority assessments and provide written assessments to the Minister. Secondly, the Minister must consider the committee's recommendations and public comments before making amendments to the list. Thirdly, relevant parties, including researchers, governments, and non-government organisations, must be consulted before any changes are made to the list. The process for making amendments to the list is outlined in Part 13, Division 1, Subdivision AA of the Act, while the considerations for deleting an item from the list are set out in Part 13, Division 1, Subdivision A of the Act.
Breach of the Act's provisions could result in civil or criminal consequences, depending on the nature and severity of the offence. The maximum penalties for offences under the Act are set out in section 528, which includes fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment for up to five years for serious offences. Additionally, the Act provides for the enforcement of environmental protection and biodiversity conservation measures, which may include court orders, injunctions, and other remedies. It is important to note that the Act's provisions are designed to protect the environment and conserve biodiversity, including the protection and conservation of threatened species, and any breach of these provisions could have serious consequences for individuals and corporations alike.