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), 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 one species in the Critically Endangered category
- transferring in the list one species from the Endangered category to the Extinct category
- deleting one species from the Extinct category and four species from the Vulnerable 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 either 1 October 2015 or 1 October 2016 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 (211) 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 one species in the Critically Endangered category (Bruguiera hainesii), transferring one species from the Endangered category to the Extinct category (Melomys rubicola), deleting one species from the Extinct category (Notamacropus eugenii eugenii) and deleting four species from the Vulnerable category (Dasycercus cristicauda, Mesembriomys macrurus, Pseudantechinus mimulus and Vombatus ursinus ursinus). These species are being included in list as they met the criteria for listing in these categories under the EPBC Act. The five 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. 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 in Australia. This legislation established a framework to safeguard threatened species and ecological communities by maintaining a list of species and ecological communities that are considered to be threatened. The Act empowers the Minister to amend this list to ensure it reflects the most current scientific understanding and conservation needs. The explanatory statement for F2019L00159 outlines amendments to the list of threatened species under the Act, involving the inclusion, transfer, and deletion of various species from different categories. These amendments were made following consultation with relevant experts and the Threatened Species Scientific Committee, and were designed to ensure the list accurately represents the conservation status of the species in question. The policy objective is to maintain a current and scientifically accurate list of threatened species to better inform conservation efforts and policy decisions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all individuals, entities, and industries operating within Australia and its territories, encompassing the protection and conservation of biodiversity and threatened species. The Act’s reach is national, ensuring consistent environmental protection standards across the Commonwealth, states, and territories. The Act includes provisions for the Minister to amend the List of Threatened Species through legislative instruments, which involves consultation with the Threatened Species Scientific Committee and relevant stakeholders. This particular legislative instrument amends the list by adding one species to the Critically Endangered category, transferring one species from Endangered to Extinct, and deleting one species from Extinct and four species from Vulnerable, based on assessments and consultations conducted as per the Act’s requirements. The legislative instrument commenced upon registration on the Federal Register of Legislation and is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of this legislation, which is a legislative instrument under section 184 (a), (b), and (c) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), pertain to amendments to the list of threatened species (section 178). Specifically, this instrument amends the list by adding one species to the Critically Endangered category, transferring one species from the Endangered to the Extinct category, and removing one species from the Extinct category and four species from the Vulnerable category (paragraph 211). The changes are based on assessments conducted by the Threatened Species Scientific Committee and public consultation, as required by the Act (Part 13, Division 1, Subdivision AA and Subdivision A).
The Act imposes several obligations and requirements on the parties and entities it governs. Primarily, it mandates the Threatened Species Scientific Committee to recommend species for inclusion or transfer on the List, based on thorough assessments and consultations with relevant experts and stakeholders (Part 13, Division 1, Subdivision AA). The Committee must also seek public comment on proposed changes for a minimum of 30 business days. Additionally, the Minister for the Environment must consider all written assessments and public comments before making any amendments to the List. The Minister must ensure that any changes are in accordance with the criteria set out in the Act and that the human rights implications have been assessed and found to be compatible with the Act (section 184, Human Rights (Parliamentary Scrutiny) Act 2011).
Failure to comply with the provisions of the Act may result in civil or criminal consequences. For example, individuals or entities that engage in activities that harm listed threatened species may face penalties under the Act. The penalties vary depending on the severity of the offence, with maximum penalties ranging from fines to imprisonment. Specifically, for actions that seriously harm or are likely to seriously harm a listed threatened species, the maximum penalty is 10 years imprisonment or a fine of up to $1.1 million, or both (subsection 321(2)). For actions that harm or are likely to harm a listed threatened species, the maximum penalty is 5 years imprisonment or a fine of up to $550,000, or both (subsection 321(1)). These penalties serve as a deterrent against actions that may further endanger listed threatened species and promote compliance with the Act’s conservation objectives.