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 Atriplex sp. Yeelirrie Station (L. Trotter & A. Douglas LCH 25025) 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 between categories 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 24 November 2014 and
16 January 2015. No comments were received.
The Committee also consulted experts with relevant expertise regarding their views including:
Relevant state and territory governments
Scientific experts
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 (182) 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 Atriplex sp. Yeelirrie Station (L. Trotter & A. Douglas LCH 25025) 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 (Cth) was enacted to provide for the protection of the environment and conservation of biodiversity, including threatened species. Under this Act, the Minister for the Environment has the authority to amend the list of threatened species to include or transfer species based on scientific assessments and public consultation. The legislative instrument F2015L01669, issued under the authority of the Minister, amends the list by including Atriplex sp. Yeelirrie Station (L. Trotter & A. Douglas LCH 25025) in the endangered category. This decision followed recommendations from the Threatened Species Scientific Committee, which sought public and expert consultation, and considered written assessments before making its recommendations to the Minister. The instrument ensures compliance with human rights, as it does not engage any of the applicable rights or freedoms as declared in the Human Rights (Parliamentary Scrutiny) Act 2011.
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 within Australia and its territories. The Act aims to protect and conserve biodiversity and the environment, including threatened species and ecological communities. This legislative instrument amends the list of threatened species under the Act by including Atriplex sp. Yeelirrie Station (L. Trotter & A. Douglas LCH 25025) in the endangered category. The Act allows the Minister for the Environment to amend the list by legislative instrument, and this process involves consultation with the Threatened Species Scientific Committee and relevant stakeholders, including state and territory governments and scientific experts. The listing of a species as endangered under the Act imposes specific legal obligations on entities and individuals to avoid, minimise, remedy, or offset impacts on listed species and their habitats. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) establishes a framework for protecting the environment and conserving biodiversity, including the protection and conservation of threatened species. Section 178 of the Act provides for a list of threatened species, separated into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 of the Act allows the Minister to amend the list of threatened species by adding or removing species, or transferring them between categories. In this instance, the Act has been amended to include Atriplex sp. Yeelirrie Station (L. Trotter & A. Douglas LCH 25025) in the endangered category of the threatened species list.
The Act imposes obligations on parties or entities it governs to ensure compliance with the protection and conservation of threatened species. The inclusion of a species in the list of threatened species under Section 178 of the EPBC Act means that the species is afforded legal protection, and certain activities that may harm the species or its habitat are prohibited or require approval. The Act also provides for the establishment of recovery plans for listed threatened species, and imposes obligations on parties or entities to comply with such plans.
Failure to comply with the provisions of the Act may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, Section 474 of the Act provides for a maximum penalty of 12 months imprisonment or a fine of up to $66,000, or both, for a person who engages in an action that is likely to significantly harm a listed threatened species or its habitat. Similarly, Section 475 of the Act provides for a maximum penalty of 24 months imprisonment or a fine of up to $132,000, or both, for a person who engages in an action that is likely to cause serious harm to a listed threatened species or its habitat. The Act also provides for the imposition of civil penalties, such as pecuniary penalties and injunctions, for breaches of the Act.
In summary, the Environment Protection and Biodiversity Conservation Act 1999 (Cth) provides for the protection and conservation of threatened species, and includes provisions for the listing of threatened species, the establishment of recovery plans, and penalties for non-compliance. The recent amendment to the Act includes Atriplex sp. Yeelirrie Station (L. Trotter & A. Douglas LCH 25025) in the endangered category of the threatened species list, and imposes obligations on parties or entities to comply with the Act's provisions. Failure to comply with the Act may result in civil or criminal penalties, depending on the nature and severity of the breach.