EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(d)
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) provides for the protection of the environment, especially matters of national environmental significance, 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(1)(d) of the Act provides that the Minister or delegate may, by legislative instrument, amend the List to correct an inaccuracy or update the name of a listed threatened species.
The purpose of this Instrument is to amend the List by correcting and updating a scientific name of a threatened species included in the List as set out below:
- Bettongia penicillata to Bettongia penicillata ogilbyi
Background
This name change results from a procedural decision that has not altered the concept or description of the species.
Consultation
Section 189(1) of the EPBC Act requires the rule-maker, when deciding whether to amend the List under section 184(1)(d) of the Act, to obtain and consider advice from the Threatened Species Scientific Committee on the proposed amendment. That advice was sought and considered prior to the making of the Instrument. The Committee agreed to recommend the name change as set out above.
Section 17(1)(a) of the Legislation Act 2003 states that before the legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is considered by the rule-maker to be appropriate. As this Instrument only corrects an inaccuracy in the List and does not make any substantial changes to the List, public consultation was not undertaken.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (Cth).
The Instrument commenced on the day after it was registered on the Federal Register of Legislation.
Authority: Section 184(1)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Amendment to the lists of threatened species, threatened ecological communities and key threatening processes under sections 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (203) This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Legislative Instrument The purpose of this Legislative Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) list of threatened species by updating the name of 1 fauna species under section 184(1)(d) of the EPBC Act. This name change is to correct an inaccuracy or update the name of a listed threatened species. Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms. Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. Geoff Richardson Delegate for the Minister for the Environment and Energy |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Parliament of Australia to protect the environment and conserve biodiversity, particularly species and ecological communities of national significance. The Act establishes lists of threatened species, endangered ecological communities, and key threatening processes, managed through a legislative framework that requires updating to reflect taxonomic and other scientific advancements. This legislative instrument, issued under section 184(1)(d) of the Act, serves to amend the list of threatened species by correcting a scientific name from Bettongia penicillata to Bettongia penicillata ogilbyi. This change was made following consultation with the Threatened Species Scientific Committee and is intended to ensure the accuracy and integrity of the list without altering the underlying conservation objectives or categories of species protection. The legislative instrument was made without public consultation as it involves a minor correction rather than substantial changes. This amendment is compatible with human rights as it does not affect any of the rights and freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, and industries within Australia, with a focus on protecting the environment, particularly matters of national environmental significance, and conserving biodiversity, including threatened species. The Act’s reach extends nationally, impacting all states and territories under Commonwealth jurisdiction. The Act empowers the Minister or their delegate to amend the list of threatened species through legislative instruments, as outlined in section 184(1)(d). This particular legislative instrument corrects a scientific name of a listed threatened species, specifically updating Bettongia penicillata to Bettongia penicillata ogilbyi. The change is a procedural update and does not alter the species' description or conservation status. The Minister, as the rule-maker, considered advice from the Threatened Species Scientific Committee and determined that public consultation was not necessary for this specific amendment. This legislative instrument, registered on the Federal Register of Legislation, is deemed compatible with human rights as it does not affect any rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main sections of the legislative instrument involve the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to correct a scientific name of a threatened species listed in the Act (section 184(1)(d)). Specifically, the name Bettongia penicillata has been updated to Bettongia penicillata ogilbyi, following consultation with the Threatened Species Scientific Committee. This amendment ensures the accuracy of the species' name without altering its conservation status or the protections afforded by the Act.
The Act imposes several obligations on the parties it governs, including compliance with the updated list of threatened species. Those managing, researching, or interacting with these species must adhere to the updated nomenclature to ensure the correct application of conservation measures. The Act also requires that any activities potentially impacting listed species are assessed under the provisions of the EPBC Act, which may include obtaining specific approvals or authorisations.
In terms of consequences for non-compliance, the Act does not explicitly detail penalties for breaches related to the nomenclature of listed species. However, breaches of the Act in general can lead to significant civil and criminal penalties. For instance, offences under the EPBC Act can result in fines up to $666,000 for individuals and $3.33 million for corporations, alongside potential imprisonment. Furthermore, unauthorised actions that harm listed species or their habitats may be subject to stringent enforcement actions by the relevant authorities.