Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This legislation was introduced to address the problem of declining biodiversity and the need for a comprehensive framework to protect threatened species and their habitats. The Act is administered by the Minister for the Environment, who has the authority to amend the list of threatened species. The policy objective of the Act is to ensure the conservation of biodiversity and the protection of threatened species and ecological communities. This legislative instrument, F2015L00146, amends the list of threatened species under the Act by including Seriolella brama in the conservation dependent category. The decision to include this species was based on recommendations from the Threatened Species Scientific Committee and a thorough assessment process that involved consultation with experts and the public. This amendment aims to provide additional protection to the species and its habitat, ensuring its conservation and contributing to the broader objective of the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, and industries within Australia, and it extends to any conduct or transactions that may impact the environment or biodiversity across the Commonwealth. The Act is administered by the Minister for the Environment, who has the authority to amend the list of threatened species through legislative instruments under section 184(1)(a). This particular legislative instrument amends the list by including the species Seriolella brama in the conservation dependent category, following recommendations from the Threatened Species Scientific Committee and public consultation. The Act's jurisdiction is national, ensuring consistent protection and conservation efforts across all states and territories. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms and does not raise any human rights issues. The legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments, solidifying its legal standing and effect.

Key Provisions

The main operative sections of this legislation are sections 178, 184, and the amendment to the List of Threatened Species under section 171. Section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides the framework for listing threatened species, categorising them into various levels of threat, such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 allows the Minister to amend the List by legislative instrument to include new species, delete existing ones, or transfer species between categories. Section 171 of the Act, which has been amended, now includes Seriolella brama in the conservation dependent category of the List of Threatened Species. The obligations imposed by the Act on the parties or entities it governs include adhering to the criteria for listing species as threatened and participating in the consultation process. The Threatened Species Scientific Committee is responsible for recommending species for inclusion in the List and seeking public and expert opinions on these recommendations. The Committee prepared a written assessment of Seriolella brama's eligibility for inclusion in the List, which was considered by the Minister in making the Instrument. Public consultation was undertaken for 30 business days between August and November 2012, though no comments were received. Additionally, the Act requires that any legislative instrument made under it be compatible with human rights, as confirmed in the Statement of Compatibility with Human Rights. The legislation outlines specific offences and penalties for breaches, though in this case, the Explanatory Statement does not detail specific penalties for breaches related to the listing of threatened species. However, generally, under the Act, breaches may lead to both civil and criminal penalties. Civil penalties can include fines, with the maximum penalty for a corporation being up to $210,000 for each offence. Criminal penalties can also be imposed, with the maximum penalty for individuals being up to $1.65 million or imprisonment for up to 10 years, or both, depending on the severity of the offence. The Act also provides for enforcement by authorised officers who have the power to enter premises, inspect, and seize items as necessary to ensure compliance. This legislative instrument ensures that the conservation dependent species, Seriolella brama, is formally recognised under the Act, thereby triggering additional protective measures aimed at its conservation. By including the species in the List, the Act imposes a duty on all relevant parties to avoid actions that might harm the species or its habitat, thereby protecting biodiversity and contributing to the broader objectives of environmental conservation. The process of including this species also exemplifies the legislative requirement for thorough consultation and assessment before any changes to the List are made.