Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to safeguard the environment and conserve biodiversity, particularly threatened species. The Act establishes a list of threatened species, categorised by their risk levels, and provides the Minister with the authority to amend this list through legislative instruments. This legislative instrument amends the list by including Elseya albagula in the critically endangered category, following recommendations from the Threatened Species Scientific Committee and a consultation period where no public comments were received. The objective of this amendment is to provide legal protection to Elseya albagula, recognising its urgent need for conservation efforts. This instrument is governed by the Legislative Instruments Act 2003 and took effect the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth Act that applies to all persons, entities, and industries within Australia and its external territories. The Act's overarching purpose is to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. The Act includes mechanisms for the Minister to amend the list of threatened species, as per Section 184, and this particular legislative instrument updates the list by including Elseya albagula in the critically endangered category. The instrument's application extends across all jurisdictions in Australia, reflecting the national scope of the Act. While the Act broadly applies, there may be specific exclusions, exemptions, or thresholds detailed within the Act or through subordinate instruments. The process of listing or transferring species is outlined in Part 13, Division 1, Subdivision AA of the Act, and involves consultation with relevant experts and the public, as evidenced by the consultation period and feedback process described in the explanatory statement.

Key Provisions

The primary provisions of this legislative instrument concern the amendment of the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (section 178). Specifically, the instrument adds Elseya albagula to the list in the critically endangered category (section 184(1)(a)). This legislative instrument formalises the inclusion of Elseya albagula into the regulatory framework designed to protect threatened species by ensuring it is subject to the specific conservation measures associated with the critically endangered category. In terms of obligations and requirements, this Act imposes several duties on various parties. The Minister for the Environment is tasked with making amendments to the List, which must be based on recommendations from the Threatened Species Scientific Committee. This committee is responsible for assessing species and providing written assessments to the Minister. Additionally, the Act requires public consultation on proposed changes to the List, ensuring transparency and community involvement in the decision-making process. This was evidenced by the public comment period of 30 business days from 19 June 2014 to 31 July 2014, although no comments were received for this particular amendment. The Environment Protection and Biodiversity Conservation Act 1999 also includes provisions for offences and penalties associated with breaches of its requirements. Specifically, unauthorised actions that harm listed species or their habitats can lead to both civil and criminal penalties. While the explanatory statement does not detail specific penalties for this particular amendment, the Act generally provides for substantial fines and potential imprisonment for serious offences. For instance, unauthorised actions that result in the death or injury of a listed species can attract fines of up to $210,000 for individuals and $1.05 million for corporations, along with potential imprisonment terms. These penalties underscore the seriousness with which the Act treats the protection of threatened species.