Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive protection and conservation of Australia's environment, particularly focusing on matters of national environmental significance and biodiversity, including threatened species. This Act provides for a list of threatened species, categorised into various levels of risk such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act aims to ensure these species are protected and conserved effectively. Pursuant to section 184(1)(d) of the Act, the Minister for the Environment and Energy has the authority to amend the list of threatened species by correcting inaccuracies or updating names to reflect current taxonomic standards. This legislative instrument amends the list by updating the scientific names of several threatened species to ensure accuracy and consistency with current taxonomic revisions or orthographic corrections. The changes do not affect the conservation status or descriptions of the species in question. The legislative instrument was developed in accordance with the requirements of the EPBC Act and the Legislation Act 2003 (Cth). It was subject to advice from the Threatened Species Scientific Committee, which recommended the name changes. Given that the amendments involve corrections and updates rather than substantive changes to the list, public consultation was deemed unnecessary. The instrument is compatible with human rights as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The changes were implemented to enhance the accuracy and integrity of the list of threatened species under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) applies to the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. The Act operates nationally across Australia, covering all Commonwealth, state, territory, and local jurisdictions. The Act applies to individuals, companies, and any entities that may impact on matters of national environmental significance or biodiversity. The Act is administered by the Minister for the Environment and Energy or their delegate, and its provisions can be extended or restricted through subordinate instruments. This legislative instrument amends the EPBC Act by correcting and updating the scientific names of threatened species included in the List without altering their concept or description. The instrument is issued under section 184(1)(d) of the Act and commenced on the day after it was registered on the Federal Register of Legislation. The amendments made by this instrument do not engage any of the applicable rights or freedoms and are compatible with human rights.

Key Provisions

This legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) by updating the scientific names of certain threatened species listed under section 178 of the Act (sections 1-3). The amendments correct taxonomic inaccuracies and orthographic errors in the names of species without altering their descriptions or conservation status. For instance, Hibbertia abyssa is updated to Hibbertia abyssus, and Macropus eugenii eugenii is corrected to Notamacropus eugenii eugenii. This revision ensures the list reflects the most accurate scientific nomenclature. The Act imposes obligations on the Minister for the Environment and Energy, who, under section 184(1)(d), has the authority to amend the List of threatened species to correct inaccuracies or update names. This process includes seeking and considering advice from the Threatened Species Scientific Committee, as mandated by section 189(1) of the Act. Given that these amendments are purely corrective and do not alter the conservation status or protections afforded to the species, public consultation was deemed unnecessary. The legislative instrument is made in accordance with the requirements of the Legislation Act 2003 (Cth), ensuring it is formally registered and commences on the day following its registration. The Act includes provisions for potential breaches and enforcement mechanisms. Although the specific penalties for contravening the Act are not detailed in this particular legislative instrument, the broader Act includes provisions for both civil and criminal penalties. For example, section 502 of the Act provides for a maximum penalty of $66,000 for individuals and $330,000 for bodies corporate for contravening certain sections of the Act. These penalties serve as deterrents against actions that may harm listed threatened species or undermine the conservation efforts stipulated by the Act. The legislative instrument is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights. This statement, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, asserts that the amendments do not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of that Act. The instrument has been reviewed to ensure that it does not raise any human rights issues, thereby maintaining its alignment with human rights standards.