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)(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:
- Including in the list of threatened species in the vulnerable category:
Acanthiza iredalei rosinae
Grantiella picta
Mirafra javanica melvillensis
Zoothera lunulata halmaturina
- Transferring from the vulnerable to the critically endangered category of the list of threatened species:
Pedionomus torquatus
- Transferring from the endangered to the critically endangered category of the list of threatened species:
Anthochaera phrygia
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 Lists (FPAL) for the assessment periods commencing 1 October 2013 and 1 October 2014 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 30 October 2014 and 21 December 2014 (for 2013 FPAL species/subspecies) and 17 November 2014 and 9 January 2015 (for 2014 FPAL species). In total, for all species/subspecies, two public comments were received and 14 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)(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 for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This Act addresses the problem of biodiversity loss and the need for a comprehensive framework to manage and protect threatened species. The Act allows the Minister to amend the List of threatened species by including new species, deleting existing species, or transferring species between categories. The policy objective of the Act is to safeguard Australia's biodiversity through effective management and protection of threatened species. The legislative instrument, F2015L01119, made under section 184(1)(a)(c) of the Act, amends the List by including several species in the vulnerable category and transferring certain species to the critically endangered category. This amendment followed consultation with the Threatened Species Scientific Committee and public consultation as per the Act’s requirements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) pertains to the protection of the environment and biodiversity, including the conservation of threatened species. This legislation applies nationally across Australia and encompasses various persons, entities, and industries that may impact biodiversity. The Act empowers the Minister to amend the List of threatened species through legislative instruments, which includes adding, removing, or transferring species between categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. This legislative instrument amends the List by including certain species in the vulnerable category and transferring others to the critically endangered category, based on recommendations from the Threatened Species Scientific Committee and subsequent consultation with relevant parties. The amendments apply to all of Australia and do not specify exclusions, exemptions, or thresholds within this particular instrument. The Act also allows for further regulation and specification through subordinate instruments, extending its application and enforcement mechanisms.
Key Provisions
The primary operative sections of this legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) concern the amendments to the list of threatened species (section 178 and 184). Specifically, it includes new species in the vulnerable category (section 184(1)(a)) and transfers existing species to more critical categories such as critically endangered (section 184(1)(c)). The named species being added or re-categorised are Acanthiza iredalei rosinae, Grantiella picta, Mirafra javanica melvillensis, Zoothera lunulata halmaturina, Pedionomus torquatus, and Anthochaera phrygia.
The Act imposes several obligations on entities and parties. Firstly, those responsible for the conservation and management of the listed species must adhere to the new classifications and ensure that their management practices reflect the updated conservation status. This may involve modifying existing conservation plans or creating new ones tailored to the species' needs. Furthermore, any actions that might impact the listed species must now comply with stricter regulations to prevent further decline in their populations. Public entities and private individuals are required to engage with the conservation measures put in place for these species, which may include restrictions on habitat destruction, limitations on hunting or trade, and participation in monitoring and research efforts.
Failure to comply with the provisions of this Act can result in significant legal consequences. For instance, any actions that harm a listed species may be subject to penalties under the Act, including fines and imprisonment. The specific penalties vary depending on the severity of the breach and whether it was committed intentionally or negligently. For example, intentionally causing harm to a listed species can result in substantial fines and imprisonment for up to five years. Similarly, failing to comply with a management plan or conservation measure can also attract penalties, underscoring the importance of adherence to the Act's requirements. In addition to criminal penalties, breaches may also lead to civil actions, where affected parties can seek remedies such as injunctions or compensation for damages caused by non-compliance.