Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and conservation of biodiversity, with a particular focus on threatened species, threatened ecological communities, and key threatening processes. The Act allows the Minister or delegate to amend the list of threatened species to correct inaccuracies or update names. Recently, legislative instruments have been introduced to amend the list by updating the scientific names of certain species, such as changing Petrogale lateralis West Kimberley race to Petrogale lateralis kimberleyensis and Tasmanipatus anophthalmus to Leucopatus anophthalmus. These amendments were made in response to taxonomic revisions and the description of new species. Importantly, while consultation was not mandated by the Act, the Australian Biological Resources Study (ABRS) was consulted and found the proposed changes to be supportive. This legislative update ensures the accuracy and relevance of the EPBC Act’s threatened species list, thereby enhancing the effectiveness of environmental protection and biodiversity conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all persons and entities within Australia, encompassing any conduct and transactions that may impact the environment and biodiversity. The Act operates on a national level, with the Commonwealth responsible for the protection and conservation of the environment, including threatened species and ecological communities. This legislative instrument amends the lists of threatened species, threatened ecological communities and key threatening processes by updating the names of certain species as a result of taxonomic revisions or descriptions. Notably, this amendment does not require consultation under the Act, although the Australian Biological Resources Study (ABRS) was consulted and supported the proposed changes. The changes pertain to updating the scientific names of two fauna species without altering their descriptions or conservation status. The instrument does not specify any exclusions or exemptions, and it does not extend or restrict application through subordinate instruments. Additionally, the Legislative Instrument has been assessed for compatibility with human rights, concluding that it does not raise any human rights issues.

Key Provisions

The key operative sections of the legislation are sections 178, 181, and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), which pertain to the lists of threatened species, threatened ecological communities, and key threatening processes respectively. Section 178 provides for the list of threatened species (the List) and categorises them into Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(d) specifically allows the Minister or a delegate to amend the List via legislative instrument to correct inaccuracies or update the names of listed threatened species. The current legislative instrument amends the List by updating the scientific names of two fauna species: Petrogale lateralis West Kimberley race to Petrogale lateralis kimberleyensis and Tasmanipatus anophthalmus to Leucopatus anophthalmus. The Act imposes obligations on the Minister or delegate to ensure the List is accurate and up to date, reflecting the latest taxonomic revisions and descriptions of species. While consultation with relevant bodies such as the Australian Biological Resources Study (ABRS) is not required under the Act, it is evident that such consultation was undertaken and received support for the proposed changes. This suggests a practice of seeking expert input even if it is not a statutory requirement, enhancing the credibility and accuracy of the List. In terms of consequences for non-compliance, the legislation does not explicitly detail offences or penalties for breaches of the List’s accuracy. However, broader provisions within the Act may impose penalties for actions that contravene its objectives of protecting and conserving biodiversity. For instance, unauthorised actions that threaten listed species could result in civil or criminal penalties, including fines and imprisonment, under other sections of the Act. The exact penalties would depend on the specific nature and severity of the breach, as well as other relevant provisions of the Act.