Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Parliament of Australia to address the need for comprehensive environmental protection and biodiversity conservation across the nation, particularly concerning matters of national environmental significance. The Act establishes a framework for the conservation of threatened species, with a list of such species separated into various categories based on their risk status. Section 184(1)(d) of the Act allows the Minister or delegate to amend this list by correcting inaccuracies or updating species names through a legislative instrument. This process ensures that the list remains accurate and reflects the most current scientific understanding. In 2016, a legislative instrument was issued under section 184(1)(d) of the Act to correct an inaccuracy in the scientific name of a listed threatened species, Mastocomys fuscus mordicus, by changing it to Mastacomys fuscus mordicus. This amendment was made following consultation with the Threatened Species Scientific Committee, which recommended the name change. The instrument was issued without public consultation as it involved a simple name correction without any substantial changes to the list. The retrospective commencement of this instrument was deemed not to contravene the Legislation Act 2003, as it did not impose any liabilities or disadvantage individuals. The legislative instrument was issued in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, and was found to be compatible with human rights as it did not engage any applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, industries, and activities within the Commonwealth of Australia, aiming to protect the environment, particularly matters of national environmental significance, and to conserve biodiversity. This Act encompasses the protection and conservation of threatened species, which are categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The legislative instrument under section 184(1)(d) of the Act enables the Minister or delegate to amend the list of threatened species to correct inaccuracies or update species names. This particular instrument amends the scientific name of a listed species from Mastocomys fuscus mordicus to Mastacomys fuscus mordicus, rectifying a spelling error. The instrument is retrospective and commenced on 10 May 2016, ensuring that the correction does not impose any new liabilities or disadvantage existing rights. The instrument extends its application through subordinate legislation as outlined, and it is compatible with human rights as it does not engage any of the rights or freedoms declared in the relevant international instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) provides a comprehensive framework for protecting the environment and conserving biodiversity, with particular focus on threatened species. Section 178 of the Act establishes a list of threatened species, categorised by their conservation status. Section 184(1)(d) allows the Minister or a delegate to amend this list through a legislative instrument to correct inaccuracies or update species names. This legislative instrument amends the list by correcting the spelling of the genus in the scientific name of a listed threatened species, Mastocomys fuscus mordicus, to Mastacomys fuscus mordicus. The Act imposes obligations on the Minister or delegate to ensure the accuracy and integrity of the list of threatened species. This includes consulting with the Threatened Species Scientific Committee as required by Section 189(1) of the Act. The Committee's advice is crucial when deciding to amend the list, and in this case, the Committee supported the proposed name change. Additionally, Section 17(1)(a) of the Legislation Act 2003 mandates that the rule-maker be satisfied with any consultation deemed appropriate. Given that this instrument only corrects a name and does not alter the list's substance, public consultation was not deemed necessary. Breaching the obligations set forth in the EPBC Act can result in civil and criminal penalties. For example, actions that harm listed threatened species or their habitats can lead to substantial fines. Under the Act, the maximum penalty for an individual who knowingly contravenes an environmental protection measure can be up to $360,000 or imprisonment for up to three years, or both, for serious offences. Corporations face even higher penalties, which can reach up to $2.1 million for serious breaches. Additionally, the retrospective application of this instrument does not impose liabilities on individuals for actions taken prior to the correction, ensuring that no one is disadvantaged by the name change.