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 (b)
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 five species in the Critically Endangered category
- including one species in the Endangered category
- including one species in the Vulnerable category
- deleting one 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 on either 1 October 2017 or 1 October 2018 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) and 184 (b) 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 (214) 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 five species in the Critically Endangered category (Cophixalus concinnus, Cophixalus hosmeri, Cophixalus mcdonaldi. Cophixalus monticola and Cophixalus neglectus), including one species in the Endangered category (Cophixalus aenigma), including one species in the Vulnerable category (Hirundapus caudacutus), deleting one species from the Endangered category (Myoporum turbinatum). These species are being included in list as they met the criteria for listing in these categories under the EPBC Act. The species that is being deleted from the list no longer meets 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 was enacted to provide a comprehensive framework for the protection of the environment and the conservation of biodiversity within Australia, including the protection of threatened species. This Act was introduced to address the need for a cohesive and effective approach to managing and protecting Australia's natural heritage, with the overarching policy objective of maintaining and enhancing Australia's biodiversity and ecological integrity. The Act allows the Minister for the Environment to amend the list of threatened species through legislative instruments, ensuring that the list remains current and reflective of the conservation needs of various species. The explanatory statement issued under the authority of the Minister for the Environment details amendments to this list, including the addition and removal of species based on scientific assessments and public consultation, aligning with the Act's objective to protect and conserve Australia's biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to all individuals, entities, and industries within Australia, aiming to protect the environment and conserve biodiversity, including the protection and conservation of threatened species. The Act allows the Minister for the Environment to amend the list of threatened species by legislative instrument under section 184. The instrument in question involves amending the list by adding five species to the Critically Endangered category, one species to the Endangered category, one species to the Vulnerable category, and removing one species from the Endangered category. This legislative instrument follows a thorough consultation process with relevant experts and the Threatened Species Scientific Committee, ensuring that decisions to include or delete species are based on rigorous assessments. The amendments have a national reach, applying across all states and territories in Australia, and do not include specific exclusions or exemptions beyond those outlined in the Act. Subordinate instruments may further detail the application and enforcement of these amendments, ensuring compliance and addressing any specific operational needs related to the conservation of these species.
Key Provisions
The main operative sections of this legislation are sections 178 and 184 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Section 178 establishes a list of threatened species, separated into categories such as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. Section 184 allows the Minister to amend this list by including, deleting, or transferring species between categories through a legislative instrument. This particular instrument amends the list by adding five species to the Critically Endangered category, one species to the Endangered category, one species to the Vulnerable category, and removing one species from the Endangered category.
The Act imposes obligations on the Minister for the Environment to consult with the Threatened Species Scientific Committee and seek public comment before making amendments to the List. The Committee provides a written assessment of the species' eligibility for inclusion on the List, which is considered by the Minister. The Act also requires the Minister to ensure that the legislative instrument is compatible with human rights, as evidenced by the Statement of Compatibility with Human Rights. The Committee's consultation process involves relevant researchers, state and territory governments, and non-government organisations, ensuring a broad range of expertise is considered.
Breach of the requirements under this Act can lead to civil or criminal consequences. For example, harming a listed threatened species can result in substantial fines or imprisonment. The maximum penalties vary depending on the severity of the offence, with fines potentially reaching hundreds of thousands of dollars and imprisonment terms extending up to several years. The specific penalties are detailed in other sections of the Environment Protection and Biodiversity Conservation Act 1999 and related regulations. Additionally, failure to comply with the consultation requirements or the human rights compatibility statement may also lead to legal challenges or administrative penalties.