EXPLANATORY STATEMENT
(Issued under the Authority of the Assistant Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184 (a), 184 (b) and 184 (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 19 species in the Critically Endangered category, 17 species in the Endangered category, four species in the Vulnerable category and one species in the Extinct category
- transferring in the list four species from the Endangered category to the Critically Endangered category, one species from the Vulnerable category to the Critically Endangered category and one species from the Vulnerable category to the Endangered category
- deleting three species from 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 period commencing either the 1 October 2015, 1 October 2016 or 1 October 2017, to which the Minister agreed
- sought public comment on the species for at least 30 business days.
The Committee 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 (a), 184 (b) and 184 (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 (205) 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 19 species in the Critically Endangered category (Andersonia annelsii, Androcalva bivillosa, Bossiaea fragrans, Caladenia attenuata, Callistemon purpurascens, Conospermum galeatum, Daviesia ovata, Eremophila sp. Narrow leaves (J.D.Start D12-150), Eucalyptus sp. Cattai (Gregson s.n., 28 Aug 1954), Gastrolobium argyrotrichum, Gastrolobium vestitum, Grevillea sp. Gillingarra (R.J.Cranfield 4087), Kunzea similis subsp. similis, Latrobea colophona, Leucopogon sp. Flynn (F.Hort, J.Hort & A.Lowrie 859), Pomaderris delicata, Pseudococcus markharveyi, Stylidium semaphorum, Styphelia longissima), 17 species in the Endangered category (Acacia meiantha, Acacia wilsonii, Antechinus argentus, Antechinus arktos, Banksia rufa subsp. pumila, Bertmainius tingle, Caladenia granitora, Caladenia leucochila, Cryptoblepharus gurrmul, Diuris eborensis, Eremophila ciliata, Eucalyptus largeana, Galaxiella nigrostriata, Gastrolobium humile, Hypocalymma sylvestre, Pityrodia sp. Marble Bar (G.Woodman & D.Coultas GWDC Opp 4), Pomaderris cocoparrana), four species in the Vulnerable category (Banksia catoglypta, Bertmainius colonus, Kunzea ericifolia subsp. subulata, Petrophile nivea), one species in the Extinct category (Solanum bauerianum), transferring in the list four species from the Endangered category to the Critically Endangered category (Grevillea caleyi, Melanodryas cucullata melvillensis, Wollemia nobilis, Zieria parrisiae), transferring in the list one species from the Vulnerable category to the Critically Endangered category (Pseudocheirus occidentalis), transferring in the list one species from the Vulnerable category to the Endangered category (Livistona mariae subsp. mariae), deleting three species from the Endangered category (Croitana aestiva, Euploea alcathoe enastri, Ptilotus fasciculatus). These species are being included in list as they met the criteria for listing in these categories under the EPBC Act. The three species that are being deleted from the list no longer meet any of the criteria for listing 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. Assistant Minister for the Environment |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment and the conservation of biodiversity, including the protection and conservation of threatened species. This Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity, particularly threatened species, and to ensure that their conservation is integrated with broader environmental protection policies. The Act empowers the Minister to amend the list of threatened species, which is critical in adapting to new scientific information and changing environmental conditions. This legislative instrument, made under section 184 of the Act, aims to update the list of threatened species by adding new species to various categories, transferring species between categories, and removing species that no longer meet the criteria for listing. The changes were made following consultations with relevant stakeholders, including researchers, government entities, and non-government organisations, ensuring a considered and evidence-based approach to species conservation status. 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 individuals, entities, and industries within Australia, as well as to any conduct or transactions that may have a significant impact on matters of national environmental significance, as defined in the Act. This includes the protection and conservation of threatened species, ecosystems, heritage places, and migratory species. The Act has a national reach, governing environmental protection across all states and territories. However, certain exclusions and exemptions apply, including to activities conducted on Commonwealth land, and in some cases, state or territory land, as outlined in the Act and its regulations. The Act's application can also be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on specific aspects of environmental protection and biodiversity conservation. This legislative instrument amends the list of threatened species under the Act, including the addition of new species, the transfer of species between categories, and the removal of species from the list.
This legislative instrument is compatible with human rights as it does not raise any human rights issues, as confirmed in the Statement of Compatibility with Human Rights. The instrument amends the list of threatened species under the Environment Protection and Biodiversity Conservation Act 1999 by including new species, transferring species between categories, and removing species from the list based on the criteria outlined in the Act. The changes were made following consultation with relevant parties and the Threatened Species Scientific Committee, as well as a public comment period. The instrument commenced on the day after it was registered on the Federal Register of Legislation, and is a legislative instrument for the purposes of the Legislation Act 2003.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) aims to safeguard the environment and conserve biodiversity, including the protection and conservation of threatened species. Under section 178, the Act identifies a list of threatened species categorised into six groups: Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184 empowers the Minister to amend this list by legislative instruments, adding, deleting, or transferring species between categories. The legislative instrument F2018L00597 amends the list by including 19 species in the Critically Endangered category, 17 species in the Endangered category, four species in the Vulnerable category, and one species in the Extinct category. Additionally, it transfers four species from the Endangered to the Critically Endangered category, one species from the Vulnerable to the Critically Endangered category, and one species from the Vulnerable to the Endangered category. It also deletes three species from the Endangered category.
The Act imposes several obligations on the Minister and relevant stakeholders. The Minister must consult with the Threatened Species Scientific Committee and other experts, including researchers, state and territory governments, and non-government organisations, before making amendments to the list. Public consultation is also required for at least 30 business days. The Committee is responsible for recommending species for inclusion on the Finalised Priority Assessment List and preparing written assessments considering the eligibility of the nominated species. These assessments and all comments received during the consultation period must be provided to the Minister and considered in the decision-making process.
Breach of the Act’s provisions may result in civil and criminal penalties. Section 502 of the Act provides for a maximum penalty of $330,000 for an individual or $1.65 million for a body corporate for knowingly taking an action that is a breach of the Act. Section 503 outlines that a person who contravenes any provision of the Act is guilty of an offence and may be subject to imprisonment, fines, or both. Additionally, section 504 states that a person who negligently causes harm to the environment or biodiversity may also face civil or criminal penalties. The exact penalties depend on the severity and circumstances of the offence.
This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not raise any human rights issues and ensures that the amendments to the list of threatened species do not adversely affect any human rights or freedoms. The consultation process and expert assessments undertaken before making the amendments reflect a balanced approach to environmental protection and biodiversity conservation while respecting human rights considerations.