EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(a) and (c)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment 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 of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List, delete an item from the List or, transfer an item from one category in the List to another category.
The process for making amendments to the List so as to include new species in the List or to transfer species into a different category of the List, is set out in Part 13, Division 1, Subdivision AA of the Act.
The purpose of this Instrument is to amend the List by:
- including Pommerhelix duralensis in the list of threatened species in the endangered category.
- transferring Eucalyptus recurva in the list of threatened species from the endangered category to the critically endangered category:
Consultation
Consultation was undertaken before the Instrument was made, in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act.
The Threatened Species Scientific Committee (the Committee):
- recommended Pommerhelix duralensis and Eucalyptus recurva for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013, to which the minister agreed;
- sought public comment on the species.
The period for public comment for Pommerhelix duralensis was 33 business days between 25 June 2014 and 8 August 2014. 14 comments were received. The period for public comment for Eucalyptus recurva was 31 business days between 8 May 2014 and 20 June 2014. Two comments were received.
The Committee also consulted parties with relevant expertise regarding their views including relevant state and territory governments, local councils and scientific experts.
The Committee prepared written assessments of whether the nominated species were eligible for inclusion in the List. The written assessments were provided to the Minister and considered in relation to the making of the Instrument.
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: sections 184(1)(a) and (c) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide a framework for the protection of the environment and the conservation of biodiversity in Australia, including the management of threatened species. This Act was introduced to address the need for a coordinated approach to the protection and conservation of species at risk of extinction, and it empowers the Minister for the Environment to amend the list of threatened species based on scientific assessments. Pursuant to section 184 of the Act, the Minister has the authority to include new species in the list, delete species from the list, or transfer species between different categories based on their conservation status. The legislative instrument F2015L00502 amends the list to include Pommerhelix duralensis in the endangered category and to transfer Eucalyptus recurva from the endangered category to the critically endangered category, following recommendations from the Threatened Species Scientific Committee and public consultation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities and industries within Australia, focusing on the protection of the environment and the conservation of biodiversity, particularly threatened species. This Act, administered by the Minister for the Environment, encompasses the entire Commonwealth and is designed to safeguard species from extinction, decline, and habitat degradation. The Act allows the Minister to amend the List of threatened species through legislative instruments, which may include adding new species or reclassifying existing species based on scientific assessments. This particular legislative instrument amends the List by adding Pommerhelix duralensis to the endangered category and transferring Eucalyptus recurva from the endangered to the critically endangered category, following recommendations from the Threatened Species Scientific Committee and public consultation. The legislative instrument is effective from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The key provisions of this legislative instrument concern amendments to the List of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, the instrument amends the List by including the species Pommerhelix duralensis in the endangered category (section 184(1)(a)), and by transferring Eucalyptus recurva from the endangered category to the critically endangered category (section 184(1)(c)). This legislative instrument reflects the decision of the Threatened Species Scientific Committee, which recommended these changes based on assessments and consultations, including a public comment period.
The Act imposes several obligations and requirements on parties and entities it governs. The Minister must consider the recommendations of the Threatened Species Scientific Committee and ensure that the amendments to the List are based on scientific assessments and public consultations. The Committee is responsible for providing the Minister with written assessments of species eligibility for inclusion in the List, and for seeking public comment on nominated species. Additionally, the Act requires relevant state and territory governments, local councils, and scientific experts to be consulted as part of the assessment process.
The Environment Protection and Biodiversity Conservation Act 1999 sets out various offences, penalties, and consequences for breaches of the Act. While the instrument itself does not specify penalties for non-compliance with the amendments to the List, breaches of the Act in general can result in civil and criminal penalties. For instance, unauthorised actions that harm listed threatened species or their habitats can lead to substantial fines. The maximum penalties for such offences can include fines of up to AUD 1.1 million for individuals and AUD 5.5 million for corporations, in addition to potential imprisonment terms for serious offences. These penalties underscore the importance of adhering to the provisions of the Act and the legislative instrument.