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 in the list of threatened species in the endangered category:
Tachyglossus aculeatus multiaculeatus
Mesembriomys gouldii gouldii.
- Including in the list of threatened species in the vulnerable category:
Mesembriomys gouldii rattoides
Mesembriomys gouldii melvillensis.
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 subspecies for inclusion on the Finalised Priority Assessment List for the assessment period commencing 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 17 December 2014 and 30 January 2015. In total, for all subspecies, four public comments were received.
The Committee also consulted experts with relevant expertise regarding their views including academic experts and state and territory government managers familiar with the species and who provided input into the Action Plan for Australian Mammals 2012.
In total, for all subspecies, 12 submissions were received from this targeted consultation.
The Committee prepared a written assessment of whether the nominated subspecies 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 (179) 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 two mammal subspecies in the endangered category and two mammal subspecies in the vulnerable category of the list. Two subspecies are being included in the endangered category as they met the criteria for listing in this category under the EPBC Act. Two subspecies are being included in the vulnerable category as they 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 for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. This Act was introduced to address the problem of declining biodiversity and the need for a comprehensive legislative framework to protect endangered and vulnerable species. The Act is administered by the Parliament of Australia and its policy objective is to ensure the conservation and sustainable use of biodiversity through the protection of threatened species. The explanatory statement details amendments made to the list of threatened species, including the addition of four mammal subspecies to the endangered and vulnerable categories. These changes were made in accordance with the Act, involving consultation with the Threatened Species Scientific Committee and targeted expert consultation, followed by public comment. The legislative instrument is compatible with human rights, as it does not engage any applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth Act that applies to all persons, entities, and industries within Australia, aiming to protect the environment and conserve biodiversity, including threatened species. Under section 184(1)(a) of the Act, the Minister for the Environment has the authority to amend the list of threatened species by legislative instrument, either including new species, deleting existing ones, or transferring species between categories. This legislative instrument specifically amends the list by including two mammal subspecies in the endangered category and two in the vulnerable category, following consultation with relevant experts and the Threatened Species Scientific Committee, as well as public comment. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The amendments apply nationally and commenced on the day after registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes a list of threatened species, as outlined in Section 178, which is categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act allows the Minister to amend this list through legislative instruments, as stipulated in Section 184(1)(a). This particular legislative instrument amends the list to include two subspecies in the endangered category and two in the vulnerable category. Specifically, Tachyglossus aculeatus multiaculeatus and Mesembriomys gouldii gouldii are now listed as endangered, while Mesembriomys gouldii rattoides and Mesembriomys gouldii melvillensis are listed as vulnerable.
The Act imposes several obligations on the parties it governs. Firstly, it requires adherence to the criteria set out in the Act for listing species as threatened. This involves an assessment by the Threatened Species Scientific Committee, which in this case recommended the inclusion of the subspecies based on their evaluation. Additionally, the Act mandates a period for public consultation, which was observed with a 30-business day window for feedback on the proposed changes. Submissions were also sought from experts and government managers familiar with the species, ensuring a comprehensive review process. The Minister must consider these assessments and public comments before making amendments to the list.
Breaches of the Act may result in various consequences, depending on the nature and severity of the violation. For example, actions that threaten listed species can lead to civil and criminal penalties. Under the Act, individuals or entities that intentionally or recklessly engage in activities harmful to listed species can face substantial fines. The maximum penalties can be significant, reflecting the importance of biodiversity conservation. For instance, for certain offences, individuals may face fines up to AUD 420,000, while corporations may face higher penalties, up to AUD 2.1 million, underscoring the seriousness with which the Act treats violations impacting threatened species.