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 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 updating the scientific name of a threatened species included in the List as set out below:
- Thalassarche cauta cauta to Thalassarche cauta
This update results from:
- taxonomic revisions that have not altered the concept or description of the species
Consultation is not required under the EPBC Act prior to making the instrument. Section 18(2)(a) of the Legislative Instruments Act 2003 states that consultation is considered unnecessary for ‘an instrument that is of a minor or machinery nature and that does not substantially alter existing arrangements’. As this Instrument only corrects inaccuracies and updates names in the List and does not make any substantial changes to the List, consultation was not undertaken.
While consultation was not required, the Australian Biological Resources Study was consulted regarding the proposed changes.
Section 189(1) of the 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 changes as set out above.
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) (218) 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 species under section 184(d) of the EPBC Act. The name change results from: - taxonomic revisions that have not altered the concept or description of the 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. Sussan Ley 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. The Act includes a list of threatened species, which is maintained and updated as necessary to reflect current scientific understanding. Section 184(d) of the Act empowers the Minister to amend the list by legislative instrument to correct inaccuracies or update species names, without the requirement for consultation if the changes are minor. This approach ensures that the list remains accurate and reflective of current taxonomy without unnecessary procedural delays. The legislative instrument issued under section 184(d) aims to update the scientific name of a threatened species on the list, based on taxonomic revisions that do not alter the species' concept or description. This update is in line with the policy objective of maintaining an accurate and scientifically sound list of threatened species. The Minister for the Environment, in this instance, Minister Sussan Ley, has issued the instrument, which is compatible with human rights as it does not raise any human rights issues.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act encompasses a broad scope, including individuals, entities, industries, and specific conduct or transactions that may impact the environment or biodiversity. This federal legislation has jurisdiction across Australia, and its provisions apply uniformly throughout the Commonwealth, states, territories, and nationally. The Act allows for the Minister to amend the List of threatened species through legislative instruments, correcting inaccuracies or updating species names. The instrument F2020L00872 specifically updates the scientific name of a threatened species, reflecting taxonomic revisions without altering the species' concept or description. While consultation is generally required under the Act, this particular instrument falls under a minor change exemption, and no formal consultation was necessary. However, the Australian Biological Resources Study was informally consulted, and advice from the Threatened Species Scientific Committee was obtained and considered. This legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms and does not raise any human rights issues.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) includes a list of threatened species (section 178), which are categorised into various levels of threat, including extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184(d) of the Act empowers the Minister to amend this list by updating the names of listed threatened species, correcting inaccuracies, or incorporating new taxonomic revisions without altering the description of the species. This legislative instrument specifically updates the scientific name of a species from Thalassarche cauta cauta to Thalassarche cauta, reflecting recent taxonomic changes.
The Act imposes obligations on the parties and entities it governs, particularly concerning the protection and conservation of listed threatened species. The Act mandates the Minister to ensure that the list of threatened species is accurate and up-to-date, reflecting current scientific knowledge. This legislative instrument, therefore, ensures that the list accurately reflects the current scientific understanding of species taxonomy. Additionally, section 189(1) of the Act requires the Minister to obtain and consider advice from the Threatened Species Scientific Committee before amending the list, which has been adhered to in this instance.
There are no specific offences, penalties, or civil/criminal consequences outlined in this legislative instrument for failing to comply with its provisions. However, under the broader EPBC Act, breaches related to the protection of threatened species can lead to civil penalties of up to $666,000 for individuals and $3.33 million for corporations, as well as potential criminal penalties. These penalties are applicable to broader activities affecting listed species and not solely to the amendments made by this instrument. The Act ensures that parties and entities must adhere to the regulations concerning the protection of biodiversity and the environment, with penalties for non-compliance reflecting the importance of these protections.