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)(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:
- transferring Gymnobelideus leadbeateri 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 Gymnobelideus leadbeateri for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2012, to which the minister agreed;
- sought public comment on the species.
The period for public comment for Gymnobelideus leadbeateri was over 30 business days from 3 December 2013 to 24 January. The Committee also consulted 42 experts, organisations, agencies and interested parties with relevant expertise regarding their views including relevant state government departments, local councils, scientific experts and non-government organisations. Thirty-three submissions were received.
The Committee prepared a written assessment of whether the species was eligible for inclusion in the List and in what category. 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: 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 (Cth) was enacted to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. This legislation provides a comprehensive framework for the management of biodiversity and environmental protection across Australia. This Act was introduced to address the problem of declining biodiversity and the need for a coordinated national approach to the conservation of threatened species and ecological communities. The Act empowers the Minister for the Environment to amend the list of threatened species through legislative instruments, facilitating timely and effective conservation responses to emerging threats. The policy objective of this Act is to ensure the sustainable use and conservation of Australia’s biodiversity through the identification and protection of threatened species and ecological communities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth statute designed to safeguard the environment and conserve biodiversity, including the protection of threatened species. This Act applies across Australia and provides for a comprehensive list of threatened species, categorised by their risk of extinction. Under Section 184, the Minister for the Environment has the authority to amend this list through legislative instruments, a process which includes public consultation and expert review. This particular legislative instrument amends the List by transferring the species Gymnobelideus leadbeateri, commonly known as the Leadbeater's possum, from the endangered category to the critically endangered category, reflecting a significant decline in its population and habitat. The process of making such amendments involves rigorous consultation with the Threatened Species Scientific Committee, relevant experts, and the public, ensuring that decisions are evidence-based and widely considered.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides a framework for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. Section 184(1)(c) of the Act allows the Minister to amend the List of threatened species by legislative instrument. The Act details categories for threatened species such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. This instrument specifically amends the List by transferring Gymnobelideus leadbeateri from the endangered category to the critically endangered category.
The Act imposes various obligations on the parties and entities it governs. Section 178 establishes the list of threatened species, and section 184 provides the Minister with the authority to amend this list. The process for making such amendments involves consultation with the Threatened Species Scientific Committee and the public, as outlined in Part 13, Division 1, Subdivision AA of the Act. This instrument was made following a thorough consultation process, including a public comment period of over 30 business days and consultation with 42 experts and stakeholders. The Committee prepared a written assessment of the species eligibility and category, which was considered by the Minister in making the Instrument.
Under the Act, parties or entities may face civil or criminal consequences for breaches related to the protection and conservation of threatened species. While the specific offences and penalties are not detailed in this instrument, the Act generally provides for offences related to the unlawful taking, harming, or trading of threatened species. Penalties for such offences can include substantial fines and imprisonment, depending on the nature and severity of the offence. The Act also allows for civil remedies, such as injunctions and compensation, for breaches related to threatened species.
The legislative instrument made under section 184(1)(c) of the Act is subject to the Legislative Instruments Act 2003. The instrument took effect on the day after it was registered on the Federal Register of Legislative Instruments. The authority for making this instrument is derived from sections 184(1)(a) and (c) of the Environment Protection and Biodiversity Conservation Act 1999. The instrument provides a clear and legally binding amendment to the List of threatened species, reflecting the updated conservation status of Gymnobelideus leadbeateri.