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 establishes a list of threatened species that are classified into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. To amend this list, the Minister for the Environment and Energy is authorised under section 184 of the Act to include, delete, or transfer species between categories by legislative instrument. The purpose of the legislative instrument F2018L00109 is to update the list of threatened species by adding five species to the Critically Endangered category, seven to the Endangered category, and one to the Vulnerable category, as well as transferring one species from the Endangered to the Critically Endangered category and three species from the Vulnerable to the Endangered category. This update follows recommendations from the Threatened Species Scientific Committee and public consultation, ensuring the list accurately reflects the conservation status of these species. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under 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, with the purpose of protecting the environment and conserving biodiversity, particularly threatened species. The Act empowers the Minister to amend the list of threatened species, which is divided into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. This legislative instrument, created under section 184(1)(a) and 184(1)(c) of the Act, aims to update the list by adding five species to the Critically Endangered category, seven species to the Endangered category, one species to the Vulnerable category, and transferring three species from the Vulnerable category to the Endangered category, and one species from the Endangered category to the Critically Endangered category. The amendments are based on recommendations from the Threatened Species Scientific Committee and public consultations. The Act's jurisdiction is national, covering all states, territories, and Commonwealth areas in Australia. The legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of this legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) include section 178, which lists threatened species, and section 184, which allows for the amendment of this list by the Minister. This particular instrument amends the list by including five species in the Critically Endangered category, seven species in the Endangered category, one species in the Vulnerable category, and transferring three species from the Vulnerable to the Endangered category and one species from the Endangered to the Critically Endangered category. The changes are made following the recommendation of the Threatened Species Scientific Committee and a public consultation process as outlined in the Act. The Act imposes obligations on parties and entities to comply with the regulations concerning the protection and conservation of threatened species. This includes adhering to the provisions in the amended list, ensuring that any actions taken do not adversely affect the species or their habitats, and complying with any additional requirements or measures specified in the Act or related regulations. Entities may also be required to undertake assessments and submit reports to the relevant authorities to demonstrate compliance with the Act. There are potential consequences for breaches of the Act, including both civil and criminal penalties. Civil penalties can include fines, with the exact amount determined by the court and can vary depending on the nature and severity of the breach. For example, section 474 of the Act provides for penalties up to $1.1 million for corporations and $220,000 for individuals for serious breaches. Additionally, criminal penalties can apply, including imprisonment. For instance, under section 483 of the Act, individuals found guilty of certain offences can face imprisonment for up to five years, while corporations can be fined up to $6.6 million. These penalties underscore the importance of compliance with the Act and the serious consequences of non-compliance.