Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) serves to protect the environment and conserve biodiversity, including threatened species. Enacted by the Parliament of Australia, this Act establishes a list of threatened species which are categorised based on their risk of extinction. Section 184 of the Act empowers the Minister to amend this list by including, transferring, or deleting species, thereby ensuring the list remains current and accurate. The Act’s policy objective is to safeguard biodiversity and promote the conservation of species that are at risk. This legislative instrument amends the list by including 21 species across various categories, transferring one species to a higher threat category, and deleting two species that no longer meet listing criteria due to recovery or discovery of additional populations. This process involved consultation with the Threatened Species Scientific Committee and relevant stakeholders to ensure decisions are informed by expert opinions and public input.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection and conservation of biodiversity in Australia, including the protection of threatened species. This legislation encompasses all individuals, entities, industries, and conduct that may impact the environment or biodiversity. Its jurisdiction extends nationally, covering all of Australia. The Act allows the Minister for the Environment to amend the list of threatened species by legislative instrument, including adding new species, transferring species between categories, or removing species from the list. This particular legislative instrument amends the list by including 21 species in various categories of threat, transferring one species to a higher category, and removing two species from the list. The amendments are based on assessments by the Threatened Species Scientific Committee and public consultation. The instrument does not specify any exclusions, exemptions, or thresholds but allows for further regulation through subordinate instruments. The legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is central to the protection and conservation of Australia's biodiversity. Under section 178 of the Act, a list of threatened species is maintained, categorising species into various degrees of threat, including 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 including new species, transferring species between categories, or removing species that no longer meet listing criteria. The process for such amendments is detailed in Parts 13, Division 1, Subdivision AA and Subdivision A of the Act. The primary obligations under this legislation require the Minister to consult with the Threatened Species Scientific Committee and other relevant parties, such as researchers, government bodies, and non-government organisations, before making any amendments to the threatened species list. This consultation ensures that decisions are informed by expert opinion and public input. The Committee conducts assessments and seeks public comments to guide the Minister's decision-making process. This legislative instrument mandates that these steps be taken to ensure the list accurately reflects the conservation status of species. Breaching the provisions of the EPBC Act can lead to significant consequences. While the specific offences and penalties are not detailed in this explanatory statement, breaches of the Act generally result in criminal or civil penalties. These penalties can include substantial fines and, in some cases, imprisonment for individuals or corporations found guilty of contravening the Act's provisions. The Act's enforcement mechanisms are designed to deter actions that harm listed species and their habitats, ensuring compliance with Australia's biodiversity conservation commitments. This legislative instrument, issued under section 184(1)(a)(b)(c) of the EPBC Act, aligns with human rights as declared in international instruments. The Statement of Compatibility with Human Rights confirms that the amendments to the threatened species list do not infringe on any human rights or freedoms. The process of inclusion and transfer of species to the list is based on scientific assessments and consultation, ensuring that human activities are not adversely affected while maintaining the integrity of the biodiversity conservation framework.