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 conservation of threatened species. This legislation establishes a framework for the identification, protection, and management of species and ecological communities at risk of extinction. The Act seeks to address the problem of biodiversity loss by enabling the Minister for the Environment and Energy to amend a list of threatened species, ensuring that appropriate conservation measures are in place for those species most at risk. The policy objective of this Act is to maintain and enhance Australia's biodiversity and ecological integrity by providing for the protection and recovery of threatened species and ecological communities. The Minister for the Environment and Energy has the authority to amend the list of threatened species under the Act by legislative instrument, based on recommendations from the Threatened Species Scientific Committee and public consultation. This process ensures that the list is regularly reviewed and updated to reflect the current conservation status of various species. The explanatory statement for F2018L00110, issued under the authority of the Minister, outlines amendments to the list of threatened species, including additions, transfers, and deletions, based on scientific assessments and community feedback. These amendments aim to ensure that the list accurately reflects the conservation needs of Australia's biodiversity and to provide a clear basis for the implementation of protective measures.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) serves as the principal federal statute for the protection of the environment and the conservation of biodiversity, including the safeguarding of threatened species. This Act applies to all individuals, entities, and industries within the Commonwealth of Australia and encompasses the conduct and transactions that may impact the environment and biodiversity. Under section 184, the Minister for the Environment and Energy is empowered to amend the list of threatened species by including, transferring, or deleting species based on specific criteria. This legislative instrument amends the list of threatened species by adding two species to the Critically Endangered category, two species to the Endangered category, and one species to the Vulnerable category, while also transferring two species from the Endangered to the Critically Endangered category and two species from the Vulnerable to the Endangered category. Additionally, it removes one species from the Endangered category and another from the Vulnerable category. The amendments are made following a consultation process with the Threatened Species Scientific Committee, relevant researchers, state and territory governments, and non-government organisations. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The primary operative sections of this legislation concern amendments to the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Specifically, section 178 of the Act provides for a list of threatened species, separated into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184 of the Act allows the Minister to amend this list by including new species, transferring species between categories, or deleting species from the list. The current legislative instrument amends the list by including two species in the Critically Endangered category, two species in the Endangered category, and one species in the Vulnerable category. Additionally, it transfers two species from the Endangered category to the Critically Endangered category, two species from the Vulnerable category to the Endangered category, and deletes one species from the Endangered category and one species from the Vulnerable category. The Act imposes several obligations on the parties and entities it governs. The Minister for the Environment and Energy must consult with the Threatened Species Scientific Committee and seek public comment before making amendments to the list of threatened species. The Committee is responsible for assessing the eligibility of nominated species for inclusion in the list and preparing written assessments based on expert opinions and public feedback. The Minister then considers these assessments and comments when making amendments to the list. Furthermore, the Act requires that any changes to the list be in line with the criteria set out in the Act, ensuring that species are classified according to their actual conservation status. The legislation also delineates specific offences, penalties, and consequences for breaches. While the explanatory statement does not specify maximum penalties, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in substantial fines and, in some cases, imprisonment. For instance, unauthorised actions that harm listed threatened species or their habitats can lead to civil and criminal penalties. The Act empowers enforcement officers to take action against individuals or entities that contravene its provisions, including issuing infringement notices, seeking court orders, or pursuing criminal charges. The penalties can vary based on the severity of the breach and the extent of the harm caused, with higher penalties typically imposed for more significant or deliberate violations.