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:
- inserting Prasophyllum laxum in the list of threatened species in the critically endangered category.
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 transfer of species between categories in the List).
The Threatened Species Scientific Committee (the Committee):
- recommended the species for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013.
- sought public comment on the species
The period for public comment was 30 business days between May and June 2014. No comments were received.
The Committee also consulted parties with relevant expertise regarding their views including: biologists, ecologists, orchid specialists, natural resources managers, non-government organisations as well as relevant state government agencies.
The Committee prepared a written assessment 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)(c) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide a comprehensive framework for the protection of the environment and conservation of biodiversity, particularly focusing on threatened species. This Act empowers the Minister to amend the list of threatened species, which is divided into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 of the Act allows the Minister to add, remove, or reclassify species on this list via legislative instruments. The explanatory statement outlines a legislative instrument under section 184(1)(a) and (c) of the Act, which was introduced to address the need to include Prasophyllum laxum in the critically endangered category of the list of threatened species. The process of amending the list, including consultation with the Threatened Species Scientific Committee and relevant stakeholders, was followed as stipulated in the Act. Public consultation was conducted, though no comments were received, and expert opinions were considered in making this legislative change.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, industries, and activities within Australia that have the potential to impact the environment or biodiversity. The Act's jurisdiction extends nationally, thereby affecting all states and territories. This legislation primarily aims to protect and conserve the environment, focusing on threatened species through a comprehensive listing system. The Act enables the Minister to amend the List of threatened species, including adding new species or transferring them between categories, thereby providing flexibility to respond to emerging environmental challenges. The recent legislative instrument amends the List by inserting Prasophyllum laxum into the critically endangered category, following recommendations from the Threatened Species Scientific Committee and a period of public consultation. This process ensures that decisions are informed by expert advice and public input, aligning with the Act's broader objectives of environmental protection and biodiversity conservation.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) that are pertinent to this legislative instrument are sections 178 and 184. Section 178 establishes the list of threatened species, divided into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent (178). Section 184 authorises the Minister to amend this list through a legislative instrument, either by including new species, deleting existing species, or transferring species between categories (184(1)(a) and (c)). This specific instrument, therefore, implements the Minister’s decision to include the species Prasophyllum laxum in the list under the critically endangered category (184(1)(a) and (c)).
The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates the Threatened Species Scientific Committee (the Committee) to assess and recommend species for inclusion on the List. The Committee is also required to seek public comment and consult with relevant experts and agencies to ensure thorough and informed assessments (Part 13, Division 1, Subdivision AA). The Minister, in turn, is required to consider these assessments and any public comments before making a decision to amend the List through a legislative instrument. This process ensures that any changes to the List are well-founded and have undergone appropriate scrutiny.
The legislation also delineates several potential consequences for breaches. Although the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the listing of threatened species, breaches of other provisions within the Act can lead to significant penalties. For instance, activities that harm listed threatened species or their habitats can result in both civil and criminal penalties, with maximum fines reaching up to $1.1 million for corporations and $220,000 for individuals, depending on the severity and intent of the breach (Section 474). Additionally, the Act empowers the Minister to take enforcement actions, including issuing infringement notices or pursuing legal action against entities that fail to comply with its provisions.