EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Energy)
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 to include or transfer an item is set out in Part 13, Division 1, Subdivision AA of the Act. The relevant considerations for making amendments to the List to delete an item are set out in Part 13, Division 1, Subdivision A of the Act.
The purpose of this Instrument is to amend the List by:
- Including four species in the Critically Endangered category.
- Including six species in the Endangered category.
- Transferring four species from the Vulnerable to the Endangered category
- Transferring four species from the Endangered to the Vulnerable category.
- Transferring one species from the Critically Endangered to the Vulnerable category.
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 the species for inclusion on the Finalised Priority Assessment List for the assessment period commencing either the 1 October 2013, 1 October 2014 or 1 October 2015, to which the minister agreed; and
- sought public comment on the species for a minimum of 30 business days.
The Committee also consulted parties with relevant expertise regarding their views, including:
- Relevant researchers from Australian universities
- Relevant state and territory governments
- Relevant non-government organisations.
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 Legislation Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislation.
Authority: section 184(1)(a)(c) 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 (196) 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 four species in the Critically Endangered category, six species in the Endangered category, transferring four species from the Vulnerable to the Endangered category, transferring four species from the Endangered to the Vulnerable category and transferring one species from the Critically Endangered to the Vulnerable category. These species are being included in list or transferred between categories as they met the criteria for listing in these categories under the EPBC Act. 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 and Energy |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act aims to safeguard species at risk of extinction by listing them as threatened, critically endangered, endangered, or vulnerable. The Minister for the Environment and Energy has the authority under section 184 of the Act to amend the list of threatened species by adding or removing species, or transferring species between categories based on assessments and consultation. This legislative instrument amends the list by adding four species to the Critically Endangered category, six species to the Endangered category, and making several transfers between categories to better reflect their conservation status. The amendments were made following consultations with the Threatened Species Scientific Committee, relevant researchers, state and territory governments, and non-government organisations, ensuring a comprehensive assessment and public feedback. The amendments are compatible with human rights as they do not engage any applicable rights or freedoms under the international instruments recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, and industries within Australia, regulating activities that may impact the environment and biodiversity. This Act encompasses the protection of threatened species and their habitats, with specific provisions for listing species under various categories based on their conservation status. The Act allows the Minister for the Environment and Energy to amend the list of threatened species through legislative instruments, as outlined in section 184, and the Explanatory Statement F2016L01875 details amendments to the list of threatened species by adding and transferring species between categories such as Critically Endangered, Endangered, and Vulnerable. The geographic reach of the Act is national, applying across all states and territories in Australia. There are no stated exclusions, exemptions, or specific thresholds in this particular legislative instrument; however, the application and enforcement of the Act may be extended or restricted through subordinate instruments. The consultation process outlined ensures that amendments are based on scientific assessments and public input, adhering to the rigorous procedures stipulated in the Act.
Key Provisions
The key provisions of this legislative instrument, as outlined in the explanatory statement, pertain to amendments made to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) list of threatened species (section 178). Specifically, the instrument includes four species in the Critically Endangered category, six species in the Endangered category, and transfers species between various categories based on their eligibility and assessment (section 184). This amendment process involves the Threatened Species Scientific Committee, which recommends species for inclusion or transfer, and considers public and expert feedback. The changes take effect from the date of registration on the Federal Register of Legislation.
The Act imposes several obligations on the parties it governs. It requires the Threatened Species Scientific Committee to recommend species for inclusion or transfer on the List of Threatened Species, taking into account relevant scientific assessments and consultations. It mandates the committee to seek public comments for a minimum period of 30 business days, ensuring transparency and public participation in the decision-making process. Furthermore, the Act requires the committee to consult with relevant stakeholders, including researchers, state and territory governments, and non-government organisations, to gather expert opinions and comprehensive insights before making recommendations to the Minister.
In terms of consequences for breach, the legislative instrument itself does not explicitly outline penalties or consequences for non-compliance. However, under the broader framework of the EPBC Act, breaches of the provisions concerning the protection and conservation of threatened species can lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment, reflecting the seriousness of environmental protection and biodiversity conservation under Australian law. The exact penalties and enforcement mechanisms would be governed by the specific sections of the EPBC Act that are contravened.