EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(a) 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:
- transferring in the list one species (Pteropus conspicillatus) 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 period commencing on 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 was eligible for inclusion in the List. The written assessment 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(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 (206) 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 transferring in the list one species (Pteropus conspicillatus) from the Vulnerable category to the Endangered category. This species is being transferred in list as it meets the criteria for listing in the Endangered category 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 |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of the environment and conservation of biodiversity across Australia. This Act provides a framework for the protection and conservation of threatened species, with a specific list of threatened species categorised into extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act empowers the Minister to amend this list by including, deleting, or transferring species between categories, as per sections 184(a) and 184(c). This legislative instrument, issued under the authority of the Minister for the Environment, aims to amend the list by transferring Pteropus conspicillatus from the Vulnerable category to the Endangered category, reflecting its updated conservation status. The decision was informed by consultation with the Threatened Species Scientific Committee, relevant researchers, state and territory governments, and non-government organisations. The instrument ensures compatibility with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, affirming that 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, providing a framework for the protection of the environment and biodiversity. This Act allows the Minister for the Environment to amend the list of threatened species, including transferring species between categories based on their conservation status. The Act's jurisdiction extends nationally, as it is a Commonwealth Act. The specific legislative instrument F2019L00158 amends the list by transferring Pteropus conspicillatus from the Vulnerable category to the Endangered category, following a thorough consultation process involving the Threatened Species Scientific Committee and relevant stakeholders. The instrument is compatible with human rights as it does not engage any applicable rights or freedoms.
Key Provisions
The primary sections relevant to this legislative instrument are sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 178 establishes a list of threatened species, divided into categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. Section 184 authorises the Minister to amend this list by adding, removing, or transferring species between categories through legislative instruments. This particular instrument aims to transfer Pteropus conspicillatus from the Vulnerable category to the Endangered category (s. 184(c)).
The Act imposes several obligations on the Minister and other entities involved in the protection and conservation of biodiversity. The Minister must consider the recommendations of the Threatened Species Scientific Committee and public comments when deciding to amend the list of threatened species (s. 184). The Committee, in turn, is required to assess species eligibility for inclusion on the list and consult with relevant researchers, governments, and non-government organisations to gather expert opinions and public feedback (s. 184(a)). This consultation process ensures that decisions to amend the list are well-informed and consider a broad range of perspectives.
Failure to comply with the provisions of the Act may result in various civil and criminal consequences. While the Act does not specify particular offences or penalties for amendments to the list, general provisions under the Act can impose fines and imprisonment for breaches related to the protection and conservation of biodiversity. For example, offences such as harming or destroying a listed threatened species can result in fines of up to $375,000 for individuals and $1.875 million for corporations, and imprisonment for up to five years (s. 301). Additionally, breaches of the Act may also lead to civil penalties, including orders for remediation and compensation for environmental harm.
In summary, the legislative instrument under section 184(c) of the Act amends the list of threatened species by transferring Pteropus conspicillatus from the Vulnerable category to the Endangered category. The Minister, guided by the recommendations of the Threatened Species Scientific Committee and public consultation, is responsible for making this amendment. The Act imposes obligations on the Minister and the Committee to ensure that amendments are well-informed and consider a broad range of expert opinions and public feedback. While the Act does not specify particular offences or penalties for amendments to the list, it provides for fines and imprisonment for broader breaches related to the protection and conservation of biodiversity.