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:
Probosciger aterrimus macgillivrayi
Platycercus caledonicus brownie
Strepera fuliginosa colei
- Transferring from the vulnerable to the endangered category of the list of threatened species:
Malurus coronatus coronatus
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 (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 subspecies) and 17 November 2014 and 9 January 2015 (for 2014 FPAL subspecies). In total, for all subspecies, two public comments were received and eight 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 subspecies
Relevant state and territory governments
The Committee prepared a written assessment of whether the nominated subspecies were 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 address the need for comprehensive environmental protection and biodiversity conservation across Australia. This Act provides the framework for the protection and conservation of threatened species and ecological communities, ensuring that these species are not driven to extinction. Section 184 of the Act empowers the Minister to amend the list of threatened species, allowing for species to be added, removed, or reclassified based on scientific assessments and public consultation. This legislative instrument amends the list by adding specific subspecies to the vulnerable category and transferring others to the endangered category, following rigorous assessment and consultation processes overseen by the Threatened Species Scientific Committee. The aim of these amendments is to enhance the protection of species that are at significant risk of extinction, thereby supporting the overarching policy objective of preserving Australia's unique biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) serves to protect the environment and conserve biodiversity, including threatened species, across the Commonwealth of Australia. This legislation applies to all persons and entities within Australia, as well as to any conduct or transactions that may impact the environment and biodiversity. The Act's jurisdiction spans the entire nation, encompassing all states, territories, and Commonwealth areas. However, certain exclusions and exemptions may apply depending on specific circumstances, as detailed in the Act. The application and scope of the Act can be further extended or restricted through subordinate instruments, such as legislative instruments made under section 184(1)(a)(c) of the Act, which allow for amendments to the list of threatened species. This particular legislative instrument amends the List by including certain subspecies in the vulnerable category and transferring others to the endangered category, following a rigorous consultation process involving the Threatened Species Scientific Committee, public comment, and expert opinion.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) includes key provisions for the protection and conservation of biodiversity and threatened species. Section 178 of the Act establishes a list of threatened species, which is divided into categories: extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 allows the Minister to amend this list by adding new species, deleting existing ones, or transferring species between categories through legislative instruments. This particular legislative instrument (F2015L01725) amends the List by adding three new species to the vulnerable category and transferring one species from vulnerable to endangered.
The Act imposes several obligations on the parties governed by it, primarily concerning the conservation and protection of listed species. The Threatened Species Scientific Committee is responsible for recommending species for inclusion on the List based on assessments. Public consultation is mandatory, requiring at least 30 business days for public comment on proposed changes. The Committee must also consult with relevant experts and state/territory governments to gather comprehensive views on the proposed changes. After considering the Committee's recommendations and public feedback, the Minister can make amendments to the List.
Failure to comply with the obligations and requirements outlined in the Act may result in civil or criminal penalties. While the specific penalties are not detailed in this instrument, breaches of the Act can generally lead to fines and, in more severe cases, imprisonment. The exact penalties would be determined according to the relevant sections of the Act and could vary based on the nature and severity of the breach. The Act aims to ensure that all stakeholders are aware of their responsibilities and the consequences of non-compliance, thereby enforcing effective environmental protection and biodiversity conservation.