Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to safeguard the environment and conserve biodiversity, particularly by protecting and conserving threatened species. This Act allows the Minister for the Environment to amend the list of threatened species, which includes categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The objective of the Act is to ensure that appropriate measures are taken to protect species that are at risk of extinction. An explanatory statement issued under the authority of the Minister for the Environment clarifies that the legislative instrument made under section 184 (a) and 184 (c) of the Act aims to amend the list of threatened species by including new species in various categories based on assessments conducted by the Threatened Species Scientific Committee. This process involves consultation with relevant parties and consideration of public comments to ensure that the amendments are well-founded and meet the criteria for listing under the Act. The legislative instrument, which is compatible with human rights, commenced on the day after its registration on the Federal Register of Legislation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, and industries within the Commonwealth of Australia, as well as to actions and transactions that may impact the environment and biodiversity. This legislation provides for the protection and conservation of threatened species, as outlined in a list categorised by degrees of risk, including Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Minister for the Environment has the authority under Section 184 to amend this list by including new species, deleting existing species, or transferring species between categories. This process involves consultation with the Threatened Species Scientific Committee and relevant stakeholders, including researchers, government bodies, and non-government organisations, ensuring thorough consideration and public input. The legislative instrument, which amends the list to include new species in appropriate categories, is compatible with human rights, as it does not engage any of the applicable rights or freedoms as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this legislative instrument involve amending the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) list of threatened species under section 178 (paragraphs referenced in parentheses). Specifically, this instrument amends the list by including one species in the Critically Endangered category (Litoria kroombitensis) and one species in the Endangered category (Crinia sloanei). Additionally, it transfers four species from the Endangered category to the Critically Endangered category (Litoria castanea, Litoria myola, Geocrinia alba, and Philoria frosti) and one species from the Endangered category to the Vulnerable category (Litoria dayi). These amendments are made in accordance with section 184 (a) and (c) of the EPBC Act, which allows the Minister to amend the list by legislative instrument. This Act imposes specific obligations and requirements on the parties or entities it governs, particularly in relation to the protection and conservation of threatened species. Under section 178 of the EPBC Act, the Minister must maintain a list of threatened species, which is updated as necessary based on scientific assessments and consultations. The process for amending the list, as outlined in Part 13, Division 1, Subdivision AA of the Act, requires thorough consultation with relevant experts and the public. In this case, the Threatened Species Scientific Committee recommended the species for inclusion on the Finalised Priority Assessment List, and public comments were sought for at least 30 business days. All comments and assessments were considered before the Minister made the amendments. There are potential consequences for breaches of the EPBC Act, including offences and penalties. Under section 197 of the Act, any person who engages in an action that is a "controlled action" without the appropriate approval may be subject to a range of penalties, including fines and imprisonment. For example, taking a threatened species listed under the Act without a permit can result in fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as potential imprisonment for up to five years. The specific penalties depend on the nature and severity of the offence. The legislative instrument ensures compatibility with human rights, as stated in the Statement of Compatibility with Human Rights prepared under the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms and is therefore considered compatible with human rights. This conclusion is based on the fact that the amendments do not raise any human rights issues and have been made in accordance with the rigorous processes outlined in the EPBC Act.