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 Calidris ferruginea in the list of threatened species in the Critical Endangered category.
- including Numenius madagascariensis in the list of threatened species in the Critical 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.
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 2014, to which the Minister agreed;
- sought public comment on the species
The period for public comment was 30 business days between 1 October 2014 and 14 November 2014. Three comments were received.
The Committee also consulted experts with relevant expertise regarding their views including:
Relevant state and territory governments
Relevant researchers from Australian Universities
NGO’s including BirdLife Australia
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 (177) 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 Calidris ferruginea and Numenius madagascariensis in the critically endangered category of the list. These species is being included in the critically 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 (Cth) was enacted to provide a framework for the protection of the environment and the conservation of biodiversity, including threatened species. This Act was introduced to address the problem of biodiversity loss and the need for a unified approach to the protection of species and ecosystems. Enacted by the Commonwealth Parliament, the Act aims to ensure that Australia’s environment and biodiversity are preserved for future generations. This legislative instrument amends the list of threatened species under the Act by including two bird species, Calidris ferruginea and Numenius madagascariensis, in the critically endangered category. This amendment was made following recommendations from the Threatened Species Scientific Committee and after a period of public consultation, ensuring that the decision to include these species aligns with the policy objectives of the Act to protect and conserve biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to any person or entity engaging in activities that may impact the environment and biodiversity across Australia, including Commonwealth, state, territory, and national jurisdictions. The Act is designed to protect and conserve biodiversity, particularly focusing on threatened species, with a comprehensive list detailing 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 this list by legislative instruments, allowing for species to be added, removed, or re-categorised based on scientific assessments and consultations. This specific legislative instrument amends the list to include Calidris ferruginea and Numenius madagascariensis in the critically endangered category, reflecting their significant risk of extinction. The instrument is made under the authority granted by section 184(1)(a) and follows a rigorous process involving recommendations from the Threatened Species Scientific Committee, public consultation, and expert opinions. This amendment commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The legislative instrument in question primarily concerns amendments to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act), specifically relating to the inclusion of certain species on the list of threatened species (section 178). Under section 184(1)(a) of the Act, the Minister has the authority to amend the list by including new species, deleting existing ones, or transferring species between categories. The instrument adds two species, Calidris ferruginea and Numenius madagascariensis, to the list in the critically endangered category. This inclusion is based on assessments and recommendations from the Threatened Species Scientific Committee, which followed the consultation process outlined in the Act.
The Act imposes several obligations on various parties. The Minister for the Environment must consider the recommendations of the Threatened Species Scientific Committee when deciding whether to include species in the list of threatened species. The Committee itself is required to undertake rigorous assessments and seek public and expert opinions before making recommendations. Additionally, the process mandates public consultation, allowing for input from the public and relevant stakeholders. This ensures that decisions regarding the conservation status of species are informed by a broad range of expertise and community views.
Violating the provisions of the Act can lead to both civil and criminal consequences. While specific offences and penalties are not detailed in the instrument, the Act generally allows for significant fines and potential imprisonment for breaches. For example, knowingly or recklessly causing harm to a listed threatened species can result in hefty penalties. The Act's provisions are designed to protect biodiversity and ensure compliance with environmental conservation objectives, reflecting the seriousness with which the law treats environmental protection.
The legislative instrument also includes a Statement of Compatibility with Human Rights, prepared under the Human Rights (Parliamentary Scrutiny) Act 2011. This statement asserts that the instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in the Act. The conclusion is that the instrument does not raise any human rights issues, ensuring that the amendments to the list of threatened species do not conflict with human rights principles. This compatibility statement underscores the legislative intent to balance environmental protection with respect for human rights.