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 addresses the problem of the conservation status of species and the need for an updated and accurate list of threatened species. The Act empowers the Minister for the Environment to amend the list of threatened species by including, deleting, or transferring species between categories. The explanatory statement outlines a legislative instrument under section 184(1)(b) of the Act, which amends the list by deleting fifteen species that are no longer eligible for listing, either because they are no longer valid species or have been reassessed and found ineligible for listing. The process involved consultation with the relevant Committee and experts, as well as public consultation, though no public comments were received. The policy objective is to ensure the list accurately reflects the current conservation status of species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is an overarching piece of legislation designed to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. The Act applies to individuals, entities, industries, and conduct that may impact the environment or biodiversity within the Commonwealth of Australia. The scope of the Act extends to national and international territories and concerns the listing of threatened species under various categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 of the Act empowers the Minister to amend the list of threatened species by adding or transferring species between categories, or deleting them if they no longer meet the criteria for inclusion. This particular legislative instrument under section 184(1)(b) of the Act involves the deletion of fifteen species from the list, fourteen of which are deemed no longer valid as they are synonyms with other species, and one, Centrolepis caespitosa, which has been reassessed and found ineligible for listing in any category. The process for these amendments involves consultation as outlined in section 189 of the Act, which mandates the Minister to seek advice from the relevant Committee, although it does not require public consultation for deletions. Despite this, the Committee conducted extensive consultations with experts and the public, receiving no comments on the deletions proposed, except for one expert comment each on Carex paupera and Rytidosperma popinensis, which were considered in the final decision.

Key Provisions

The primary operative sections of this legislative instrument (F2015L01435) are sections 184(1)(b), 189, and 178 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Section 184(1)(b) allows the Minister to amend the List of threatened species by adding, removing, or transferring species between categories. Section 178 details the categories of species listed under the Act, such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 189 outlines the consultation process that the Minister must undertake with the Committee, which provides advice on proposed deletions from the List. This particular instrument pertains to the deletion of fifteen species from the List, including species that are no longer valid or have been reassessed and found ineligible for listing. The Act imposes specific obligations and requirements on the Minister and the Committee. The Minister must obtain and consider the advice of the Committee when proposing to delete species from the List (section 189). The Committee is tasked with preparing a written assessment of the eligibility of the species in question and consulting with relevant experts, including state and territory governments and herbaria. The Committee also undertakes public consultation for more than 30 business days, although this is not a statutory requirement. In this instance, public consultation was undertaken for twelve species between 24 November 2014 and 30 January 2015, for Carex paupera and Rytidosperma popinensis between 26 February 2015 and 1 May 2015, and for Centrolepis caespitosa between 22 July 2015 and 31 August 2015. All comments received during the consultation period were considered by the Committee in providing its advice to the Minister. Under the Act, there are no specific offences, penalties, or civil/criminal consequences mentioned in relation to the making of amendments to the List of threatened species. However, the Act provides for various offences and penalties related to the protection of listed species and their habitats. For instance, section 204 imposes a maximum penalty of 10 years imprisonment or a fine of up to $525,000, or both, for offences related to the killing, injuring, or interfering with a listed threatened species or its habitat. Section 205 imposes a maximum penalty of 5 years imprisonment or a fine of up to $262,500, or both, for offences related to the possession, sale, or trade of listed threatened species or their parts. The specific penalties depend on the nature and severity of the offence committed under the Act.