EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(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(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 the scientific name of a threatened species included in the List as set out below:
- Psophodes nigrogularis leucogaster to Psophodes leucogaster leucogaster
Background
The name change results from a taxonomic revision that has not altered the concept or description of the species.
Consultation
Section 189(1) of the Act requires the rule-maker, when deciding whether to amend the List under section 184(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 recommended 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(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) (212) 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 one fauna species under section 184(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 |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including the protection and conservation of threatened species. This legislation was introduced to address the need for a comprehensive legal framework that safeguards Australia's unique biodiversity and environmental heritage. The Act establishes a list of threatened species and mandates their protection. Section 184(d) allows the Minister or delegate to amend this list, such as correcting inaccuracies or updating species names, to ensure the list remains accurate and reflective of current scientific understanding. The policy objective is to maintain an up-to-date and scientifically accurate list of threatened species, thereby facilitating effective conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, and industries within Australia, as well as any conduct or transactions that may impact the environment, particularly matters of national environmental significance, and the conservation of biodiversity, including threatened species. This Act operates at the Commonwealth level, providing a unified national framework for environmental protection and biodiversity conservation. The Act's provisions extend to all states, territories, and external territories of Australia. However, certain exclusions and exemptions may apply, particularly where state or territory legislation provides equivalent or superior environmental protection. The Act's application can also be extended or restricted through subordinate instruments, such as regulations and codes of practice, which provide further detail and operational guidance for specific circumstances or industries. In this case, the legislative instrument amends the list of threatened species by correcting and updating the scientific name of a listed threatened species, reflecting a taxonomic revision without altering the species' concept or description.
Key Provisions
The legislative instrument in question pertains to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) and specifically targets section 184(d), which empowers the Minister or a delegate to amend the list of threatened species to correct inaccuracies or update names. This particular instrument is focused on updating the scientific name of a threatened species, Psophodes nigrogularis leucogaster, to Psophodes leucogaster leucogaster, in response to a taxonomic revision (section 184(d)). This revision does not alter the concept or description of the species but rather corrects an existing inaccuracy.
The Act imposes obligations on the Minister or delegate to consult with the Threatened Species Scientific Committee, as required by section 189(1) of the EPBC Act, before making any amendments to the list. In this instance, the Committee recommended the name change, and the Minister was satisfied that appropriate consultation had been undertaken. Moreover, section 17(1)(a) of the Legislation Act 2003 mandates that the rule-maker must be satisfied that any appropriate consultation has been undertaken before making the legislative instrument. However, since this instrument merely corrects an inaccuracy without making substantial changes to the list, public consultation was deemed unnecessary.
In terms of compliance and consequences, the instrument is a legislative instrument under the Legislation Act 2003 (Cth). It commenced on the day following its registration on the Federal Register of Legislation. There are no specific offences, penalties, or civil/criminal consequences outlined in the instrument itself; however, any failure to comply with the EPBC Act's provisions could result in penalties as stipulated under the Act. For example, unauthorised actions concerning listed threatened species can attract civil penalties, including fines, and in some cases, criminal penalties if the breach is particularly egregious or involves deliberate actions.