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)
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 in the list of threatened species in the critically endangered category:
Amytornis modestus obscurior
- Including in the list of threatened species in the endangered category:
Amytornis merrotsyi pedleri
Atrichornis rufescens
Phaethon lepturus fulvus
- Including in the list of threatened species in the vulnerable category:
Amytornis merrotsyi merrotsyi
Amytornis textilis myall
Amytornis woodwardi
Thinornis rubricollis rubricollis
- Transferring from the endangered to the critically endangered category of the list of threatened species:
Lichenostomus melanops cassidix
- Transferring from the vulnerable category to the endangered category of the list of threatened species:
Amytornis barbatus barbatus
- Deleting from the extinct category of the list of threatened species:
Drymodes superciliaris colcloughi
Consultation
Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act (in relation to the listing of species in the List).
The Threatened Species Scientific Committee (the Committee):
- recommended the species/subspecies’ for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013 under the item ‘Any other species nominated by the Committee’, to which the minister agreed;
- sought public comment on the species.
The period for public comment was 30 business days between 14 May 2014 and 30 June 2014. In total, for all species/subspecies ten public comments were received and eight submissions were received from targeted consultation.
The Committee also consulted parties with relevant expertise regarding their views including: Academic experts and managers familiar with the species
Relevant state and territory governments
The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The written assessment was 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: section 184(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive protection and conservation of the environment and biodiversity, including threatened species within Australia. The Act establishes a list of threatened species, categorising them into groups such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 of the Act empowers the Minister to amend the list of threatened species by adding, removing, or transferring species between categories through legislative instruments. The legislative instrument F2014L01488 amends the list of threatened species, incorporating several species and subspecies into specific categories based on assessments by the Threatened Species Scientific Committee and public consultation. The policy objective is to ensure that species at risk are recognised and protected under the Act, aligning with the broader goal of biodiversity conservation. This legislative instrument was made in accordance with the processes outlined in the Act and commenced upon registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection and conservation of the environment and biodiversity, including threatened species and ecological communities, across Australia and its external territories. The Act provides for a list of threatened species, which is maintained and periodically updated by the Minister for the Environment, following recommendations from the Threatened Species Scientific Committee and consultation with relevant stakeholders and the public. The Act's provisions extend to all persons and entities engaged in activities that may impact listed threatened species or their habitats, ensuring compliance with national standards for biodiversity conservation. The Act's jurisdiction is federal, and its provisions apply throughout the Commonwealth of Australia and its territories. This legislative instrument amends the list of threatened species by including new species in various categories and transferring species between categories, reflecting changes in their conservation status. The amendments are made pursuant to section 184(1)(a) of the Act and follow a formal process of assessment and consultation.
Key Provisions
The main operative sections of this legislation pertain to amendments to the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Section 184(1)(a) of the Act allows the Minister to amend the List of threatened species by including, deleting, or transferring species to different categories. The specific amendments made in this Instrument include adding new species to the critically endangered, endangered, and vulnerable categories (sections 178 and 184), transferring species between categories, and removing a species from the extinct category (sections 178, 184, and 187). These changes are detailed in the explanatory statement and involve specific species such as Amytornis modestus obscurior and Lichenostomus melanops cassidix.
The Act imposes various obligations on the parties or entities it governs, primarily focusing on the protection and conservation of biodiversity, particularly threatened species. For instance, it mandates the inclusion of certain species in the List based on scientific assessments and recommendations from the Threatened Species Scientific Committee. Additionally, it requires the Minister to consider public comments and expert opinions during the assessment process. The Act also requires the Minister to ensure that any amendments to the List are made in accordance with the legislative process outlined in Part 13, Division 1, Subdivision AA of the Act, which includes consultation with relevant stakeholders and the publication of proposed changes for public comment.
There are potential civil and criminal consequences for breaches of the Act, although specific penalties are not detailed in the explanatory statement. Generally, under the Environment Protection and Biodiversity Conservation Act 1999, penalties for non-compliance can include fines and imprisonment. The maximum penalties can vary depending on the nature and severity of the offence. For example, offences related to the harming or trading of listed threatened species can incur substantial fines and imprisonment terms. It is important for entities and individuals to comply with the Act to avoid these potential consequences. The Instrument itself does not specify penalties but adheres to the broader legislative framework that governs such matters.