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 Dipodium campanulatum in the list of threatened species in the 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 of species 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, to which the minister agreed;
- sought public comment on the species
The period for public comment was 30 business days between 7 May 2014 to 20 June 2014. one comment was received.The Committee also consulted experts with relevant expertise regarding their views including state government departments, local councils, scientific experts and non government organizations. Three comments were received.
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) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (173) This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Legislative Instrument The purpose of this Instrument is to amend the Environment Protection and Biodiversity Conservation Act 1999 list of threatened species by including Dipodium campanulatum in the endangered category of the list. This species is being included in the endangered category as it met the criteria for listing in this category under the EPBC Act. Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms. Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. Minister for the Environment |
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, serves to protect the environment and conserve biodiversity, including the protection of threatened species. This Act establishes a list of threatened species, categorising them into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act empowers the Minister to amend this list through legislative instruments, allowing for the addition, deletion, or reclassification of species. This legislative instrument, issued under the authority of the Minister for the Environment, amends the list by including Dipodium campanulatum in the endangered category. The decision followed consultations with the Threatened Species Scientific Committee and public consultation, aligning with the processes outlined in the Act. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the international instruments recognised by the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to any person, entity, or industry within Australia that has the potential to impact the environment or biodiversity. The Act encompasses various conduct and transactions that could affect the environment, including activities related to the protection and conservation of threatened species. The Act extends across the Commonwealth and applies nationally, providing a unified approach to environmental protection. Section 184(1)(a) of the Act allows the Minister for the Environment to amend the List of threatened species by legislative instrument, which includes adding new species or transferring existing ones between categories. The Act’s application can be further extended or restricted through subordinate instruments, but the primary focus remains on the protection and conservation of biodiversity. There are no stated exclusions, exemptions, or thresholds within this specific legislative instrument, which is concerned solely with the inclusion of Dipodium campanulatum in the endangered category of the List of threatened species. The consultation process for such amendments includes recommendations from the Threatened Species Scientific Committee and public comment, ensuring that the decision to list the species is well-informed and inclusive.
Key Provisions
The primary operative sections of this legislative instrument are sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 178 establishes a list of threatened species categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 empowers the Minister to amend this list by including new species, deleting existing ones, or transferring species between categories through a legislative instrument. This particular instrument amends the list by adding Dipodium campanulatum to the endangered category.
The Act imposes specific obligations on the parties and entities it governs. For example, it mandates the Threatened Species Scientific Committee to recommend species for inclusion in the list based on rigorous assessments and to consult with relevant stakeholders, including the public, experts, and government bodies. The Minister, in turn, must consider the Committee’s recommendations and the public feedback before making amendments to the list. This ensures a transparent and inclusive process for listing threatened species, balancing ecological considerations with stakeholder input.
Under the Act, breaches of its provisions related to threatened species protection can result in significant consequences. While specific offences and penalties for listing violations are not detailed in this instrument, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include substantial fines, and in more severe cases, criminal penalties may apply, which could result in imprisonment. These measures are designed to enforce compliance and protect the integrity of the threatened species list.
In summary, this legislative instrument amends the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 by adding Dipodium campanulatum to the endangered category. It outlines the procedural obligations for the Threatened Species Scientific Committee and the Minister, ensuring a thorough and consultative process. Although the specific penalties for breaches are not outlined in this document, the Act provides for both civil and criminal sanctions to enforce compliance and safeguard biodiversity.