Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the problem of protecting the environment and conserving biodiversity, including the protection and conservation of threatened species in Australia. The Act was passed by the Parliament of Australia and aims to provide a framework for the conservation of the nation's biodiversity. One of the key provisions of the Act is the ability of the Minister for the Environment and Energy to amend the list of threatened species through legislative instruments, as provided under section 184(1)(a). The explanatory statement for F2018L00103 indicates that this legislative instrument was made to include one species, Sphyrna lewini, in the Conservation Dependent category of the threatened species list, following recommendations by the Threatened Species Scientific Committee and public consultation. The commencement of the instrument was delayed slightly to allow for regulatory changes in the Great Barrier Reef Marine Park to align with the intention of the listing. This legislative 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 (Cth) applies to all persons and entities within Australia, and encompasses a broad range of conduct and transactions that impact the environment and biodiversity, including threatened species. This Act provides for the protection and conservation of biodiversity and the environment, establishing a list of threatened species which is managed by the Minister for the Environment and Energy. The Minister has the authority to amend this list through legislative instruments, as outlined in section 184(1)(a) of the Act. The legislative instrument F2018L00103 specifically amends the list by including one species in the Conservation Dependent category. This legislative instrument applies nationally across Australia and is subject to consultation processes with relevant stakeholders, including researchers, state and territory governments, and non-government organisations. There are no exclusions or exemptions detailed in the instrument, but it does consider human rights compatibility as per the Human Rights (Parliamentary Scrutiny) Act 2011, concluding that it does not engage any applicable rights or freedoms. The instrument commenced on 15 March 2018, with a delayed commencement for regulatory changes in the Great Barrier Reef Marine Park to ensure management aligns with the listing's intention.

Key Provisions

The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) in this context are sections 178 and 184(1)(a). Section 178 of the Act provides for the listing of threatened species, categorising them into six groups: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184(1)(a) empowers the Minister to amend this list through a legislative instrument. This particular legislative instrument adds one species, Sphyrna lewini, to the Conservation Dependent category of the List, reflecting its status according to the criteria outlined in the Act. The Act imposes several obligations and requirements on the parties it governs. Firstly, the Threatened Species Scientific Committee must evaluate and recommend species for inclusion on the priority assessment list. This process involves rigorous assessment and consultation with relevant researchers, state and territory governments, and non-government organisations. The Committee must also seek public comment on the nominated species for a specified period, ensuring transparency and inclusivity in the decision-making process. The Minister, upon receiving the Committee’s recommendation and considering all comments, makes the final decision regarding the amendment to the List. Breaching the provisions of the Environment Protection and Biodiversity Conservation Act 1999 can lead to both civil and criminal consequences. Although the specific offences and penalties are not detailed in the provided text, the Act generally imposes penalties for activities that threaten listed species or their habitats. For example, harming or trading in listed species without the appropriate permits can attract substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the offence, with maximum penalties potentially reaching into the millions of dollars for corporate entities and significant fines for individuals, along with imprisonment terms that can extend to several years. These measures are designed to enforce compliance and protect biodiversity and endangered species.