Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth), enacted by the Australian Parliament, is designed to protect the environment and conserve biodiversity, including threatened species. This Act provides for a list of threatened species, categorising them based on their conservation status. The legislation empowers the Minister for the Environment or their delegate to amend the list of threatened species to correct inaccuracies or update species names. The Act was introduced to address the need for a comprehensive legal framework to protect Australia's unique biodiversity and environment, particularly species that are threatened or endangered. This legislative instrument amends the list by updating the scientific name of a fauna species, correcting an inaccuracy in the list as per section 184(1)(d) of the Act. This change was made following advice from the Threatened Species Scientific Committee and in accordance with the legislative process outlined in the Legislation Act 2003 (Cth). The instrument ensures that the list of threatened species accurately reflects current scientific understanding and nomenclature.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals and entities within Australia, regulating their conduct and transactions that may impact the environment, particularly matters of national environmental significance and biodiversity conservation. The Act establishes a list of threatened species, which is subject to amendments by the Minister or delegate under section 184(1)(d) to correct inaccuracies or update names, as demonstrated by the legislative instrument F2016L00743. This particular instrument amends the scientific name of a listed threatened species from Mastocomys fuscus to Mastocomys fuscus mordicus, reflecting a corrected species name. While the Act has a national reach, its application is guided by subordinate instruments, which can extend or restrict its provisions. However, this specific legislative instrument does not involve public consultation, as it pertains solely to the correction of an inaccuracy and does not alter the substantive content of the list of threatened species. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms as recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The legislative instrument under section 184(1)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) amends the list of threatened species by correcting the scientific name of one species from Mastocomys fuscus to Mastocomys fuscus mordicus. This change is made to address an inaccuracy in the existing name on the list, thereby ensuring the list accurately reflects the current scientific understanding of the species. The amendment, which pertains to the list of threatened species, does not alter the status of the species or introduce new protective measures, but rather ensures that the legal documentation aligns with the most current scientific nomenclature. The Act imposes several obligations on parties and entities governed by it. Firstly, those involved in activities that may impact listed threatened species must comply with the provisions of the EPBC Act, which includes obtaining necessary approvals and adhering to specific conditions designed to mitigate adverse environmental impacts. Furthermore, entities that engage in activities affecting threatened species must undertake thorough assessments and consult with relevant authorities to ensure compliance with the Act's requirements. The Act also mandates that updates and corrections to the list of threatened species be made through legislative instruments, as per section 184(1)(d), ensuring the list remains accurate and reflective of current scientific knowledge. Breaches of the EPBC Act can result in significant civil and criminal consequences. For instance, unauthorized activities that harm listed threatened species can lead to substantial fines and, in severe cases, imprisonment. Specifically, the maximum penalty for contravening the Act can include fines of up to $1.1 million for corporations and up to $220,000 for individuals, alongside potential imprisonment terms that can extend up to five years. Additionally, the Act empowers authorised officers to take enforcement actions, including issuing infringement notices for lesser offences, which can result in fines without the need for prosecution. These stringent measures underscore the importance of compliance with the Act's provisions to protect Australia's biodiversity and environmental heritage.