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 Act was introduced to address the need for a comprehensive legislative framework to manage and protect Australia’s unique and diverse ecosystems and species. Enacted by the Australian Parliament, the policy objective of the Act is to ensure the sustainable use and conservation of Australia's natural environment. This legislative instrument amends the list of threatened species by updating the scientific names of certain species listed under the Act, correcting inaccuracies and reflecting taxonomic revisions without altering the concept or description of the species. This amendment ensures the accuracy and consistency of the species names within the regulatory framework, thereby facilitating better environmental management and compliance with conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) governs the protection of the environment and conservation of biodiversity across Australia, particularly focusing on matters of national environmental significance and threatened species. This Act applies to all individuals and entities within the Commonwealth jurisdiction, including various industries and activities that may impact the environment. Section 184(d) of the Act empowers the Minister or their delegate to amend the list of threatened species by updating the names of species to correct inaccuracies or reflect taxonomic revisions. This legislative instrument amends the List by updating the scientific names of certain fauna and flora species to ensure consistency with current taxonomic understanding. The changes are limited to correcting inaccuracies and updating names, and do not alter the existing protections afforded to these species. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements. Instead, advice was obtained from the Threatened Species Scientific Committee, which recommended the proposed name changes. The Legislative Instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) sets out the framework for protecting the environment, with a focus on matters of national significance and biodiversity conservation, including the protection and conservation of threatened species (section 1). The list of threatened species, divided into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent, is maintained under section 178. The Act allows the Minister or delegate to amend this list to correct inaccuracies or update names through a legislative instrument under section 184(d). This particular instrument amends the List by updating the scientific names of certain species, such as changing Discocharopa vigens to Ammoniropa vigens, and Elymus multiflorus subsp. kingianus to Anthosachne kingiana subsp. kingiana, among others (section 2). The Act imposes specific obligations on the Minister or delegate to ensure that the List of threatened species is accurate and up-to-date. This involves considering advice from the Threatened Species Scientific Committee as mandated by section 189(1) of the EPBC Act. While formal consultation is not required under section 18(2)(a) of the Legislative Instruments Act 2003 for minor amendments, it is noted that the Australian Biological Resources Study (ABRS) was informally consulted regarding the proposed changes. Additionally, the instrument ensures that these amendments do not substantially alter existing arrangements, hence meeting the criteria for not requiring formal consultation. These amendments are purely corrective and do not introduce new protections or alter the conservation status of the listed species. In terms of consequences for non-compliance, the EPBC Act itself does not specify penalties for breaches directly related to the listing of threatened species. However, other sections of the Act outline various offences and penalties for actions that may harm listed species or their habitats. For instance, unauthorised actions that have, are, or will have a significant impact on a matter of national environmental significance may result in civil or criminal penalties. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the severity of the impact and the intent behind the actions. It is important to note that while the instrument itself does not introduce new penalties, existing provisions within the EPBC Act provide a robust framework for enforcement and compliance.