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 critically endangered category:
Callistemon megalongensis
Phyllurus gulbaru
Ordtrachia septentrionalis
- Including in the list of threatened species in the vulnerable category:
Eucalyptus aggregata
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 Callistemon megalongensis, Eucalyptus aggregata and Phyllurus gulbaru for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013, and Ordtrachia septentrionalis for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2014 to which the Minister agreed; and
- sought public comment on the species.
The Committee also consulted parties with relevant expertise regarding their views including:
- Relevant researchers from Australian universities
- Relevant state and territory governments
- Managers familiar with the species.
The Committee prepared a written assessment of whether the nominated species were eligible for inclusion in the List. The written assessments and all comments received during the consultation period 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: section 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 (184) 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 three species in the critically endangered category of the list and one species in the vulnerable category of the list. Four species are being included in the list because they meet specific criteria under the EPBC Act that makes them eligible for listing under that criterion. 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 safeguard Australia's environment and biodiversity, including protecting and conserving threatened species. The Act provides for a list of threatened species, categorised as extinct, extinct in the wild, critically endangered, endangered, vulnerable, or conservation dependent. Section 184 of the Act empowers the Minister to amend this list by legislative instrument. This authority was exercised to include Callistemon megalongensis, Phyllurus gulbaru, and Ordtrachia septentrionalis in the critically endangered category, and Eucalyptus aggregata in the vulnerable category, following recommendations from the Threatened Species Scientific Committee and public consultation. The legislative instrument, issued under the authority of the Minister for the Environment, commenced on the day after it was registered on the Federal Register of Legislative Instruments. The policy objective is to ensure the protection of these species in alignment with the Act's goals of environmental preservation and biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and the conservation of biodiversity, with a particular focus on threatened species. This Act applies to all individuals and entities within Australia, encompassing various industries and conduct that may impact the environment and biodiversity. The Act’s jurisdiction extends across the Commonwealth, meaning it applies nationally. Section 184 of the Act allows the Minister to amend the List of threatened species by adding, deleting, or transferring species between categories. This legislative instrument specifically amends the List by including Callistemon megalongensis, Phyllaurus gulbaru, and Ordtrachia septentrionalis in the critically endangered category, and Eucalyptus aggregata in the vulnerable category, following recommendations from the Threatened Species Scientific Committee and public consultation. The process for these amendments adheres to the procedures outlined in Part 13, Division 1, Subdivision AA of the Act. The compatibility with human rights has been assessed, concluding that this Instrument does not engage any of the applicable rights or freedoms.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a comprehensive piece of legislation designed to safeguard the environment and conserve biodiversity, including the protection of threatened species. Section 178 of the Act establishes a list of threatened species, categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 allows the Minister to amend this list by legislative instrument, either by adding new species, removing existing ones, or transferring species between categories. The process for such amendments is detailed in Part 13, Division 1, Subdivision AA of the Act.
In accordance with these provisions, the Explanatory Statement outlines an amendment made to the List of Threatened Species, adding four species to specific categories. Specifically, Callistemon megalongensis, Phyllurus gulbaru, and Ordtrachia septentrionalis are included in the critically endangered category, while Eucalyptus aggregata is included in the vulnerable category. The decision to amend the List followed recommendations from the Threatened Species Scientific Committee, which had undertaken extensive consultation with relevant experts and stakeholders, including researchers, government entities, and species managers.
The Act imposes specific obligations on the parties and entities it governs, particularly concerning the protection and conservation of listed threatened species. Entities must comply with regulations and guidelines set out in the Act and any subsequent legislative instruments. For example, activities that may impact listed species or their habitats must be assessed under the Act to determine whether they constitute a 'key threatening process' or an 'action' that would adversely affect a threatened species or its habitat. Additionally, any proposed action that may harm listed species must be approved by the Minister, ensuring that such actions are not detrimental to the conservation of these species.
Breach of the obligations and requirements set out in the Act can result in various penalties and consequences. Under section 474 of the Act, an individual or corporation found guilty of an offence can face substantial fines. For example, the maximum penalty for intentionally or recklessly causing harm to a listed threatened species or its habitat can be up to AUD 1.1 million for an individual and AUD 5.5 million for a corporation. Furthermore, civil and criminal penalties may apply for non-compliance with approval requirements, potentially leading to imprisonment for up to five years for individuals and more significant fines for corporations. The severity of these penalties underscores the importance of adhering to the Act's provisions to protect Australia's biodiversity.