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) and 184(1)(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 two species in the Critically Endangered category, one species in the Vulnerable category and transferring in the list one species from the Vulnerable category to the Endangered 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 periods commencing either 1 October 2014 or 1 October 2015, 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
- 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) and 184(1)(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 (199) 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 two species (Argynnis hyperbius inconstans and Grevillea bracteosa subsp. howatharra) in the Critically Endangered category, one species (Phascogale tapoatafa kimberleyensis) in the Vulnerable category and transferring in the list one species (Hypotaenidia sylvestris) from the Vulnerable category to the Endangered category. These species are being included in list 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) aims to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. Section 184 of the Act allows the Minister to amend the list of threatened species by legislative instrument, including adding species to the list, removing species from the list, or transferring species between categories. This legislative instrument, made under section 184(1)(a) and 184(1)(c) of the Act, seeks to amend the list by adding two species to the Critically Endangered category, one species to the Vulnerable category, and transferring one species from the Vulnerable category to the Endangered category. The Threatened Species Scientific Committee recommended these changes based on assessments and public consultation, and the Minister considered this advice and public comments before making the legislative instrument. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, entities, industries, and transactions within Australia that may have an impact on the environment and biodiversity. This Commonwealth legislation aims to protect and conserve biodiversity, including threatened species. Under this Act, the Minister for the Environment and Energy has the authority to amend the List of Threatened Species, which includes categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act allows for the addition, deletion, or transfer of species between categories based on specific criteria. The Minister exercises this authority through legislative instruments, such as the one described in the Explanatory Statement, which amends the List by including and transferring species into various categories based on expert assessments and public consultation. The Act's application is national, extending across all states and territories in Australia. However, specific exclusions or exemptions are not detailed in the provided text, but the Act typically allows for certain activities to be exempt if they meet particular conditions or thresholds set out in subordinate instruments or regulations.
Key Provisions
The main operative sections of this legislation pertain to amendments made to the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (sections 178 and 184). Specifically, the legislation includes two species, Argynnis hyperbius inconstans and Grevillea bracteosa subsp. howatharra, in the Critically Endangered category, one species, Phascogale tapoatafa kimberleyensis, in the Vulnerable category, and transfers one species, Hypotaenidia sylvestris, from the Vulnerable category to the Endangered category. These changes are based on assessments by the Threatened Species Scientific Committee and align with the criteria set out in the Act.
The obligations imposed by this Act on relevant parties include adherence to the criteria and process for listing species as threatened, as outlined in the Act. The Threatened Species Scientific Committee must recommend species for inclusion on the priority assessment list, seek public and expert comments, and prepare written assessments. The Minister must consider these assessments and comments when making amendments to the list. Additionally, the Act requires the Minister to ensure that the list is updated to reflect the most current scientific data and expert opinion.
Breach of the provisions in this Act can result in civil or criminal consequences. The Act does not specify maximum penalties for breaches, but general provisions of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) apply, which can include fines and imprisonment for offences such as harming listed species or engaging in activities that impact listed species or their habitats. The penalties depend on the nature and severity of the breach and can be substantial, reflecting the importance of protecting threatened species and biodiversity.