Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth), enacted by the Australian Parliament, aims to protect the environment and conserve biodiversity, including threatened species, threatened ecological communities, and key threatening processes. One of the Act's objectives is to provide a framework for the identification and protection of species that are at risk of extinction, by categorising them into lists based on their conservation status. This legislative instrument amends the lists of threatened species under sections 178 and 184 of the Act by adding one species to the Endangered category and removing one subspecies from the Vulnerable category. The changes were made following consultation with the Threatened Species Scientific Committee and relevant stakeholders, ensuring that the amendments align with the policy objectives of the Act and do not engage any applicable human rights. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and is compatible with human rights as it does not raise any human rights issues.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and conservation of biodiversity across Australia, covering threatened species, ecological communities, and key threatening processes. This Act provides a framework for the listing, protection, and conservation of threatened species, which includes species categorised as Extinct, Extinct in the wild, Critically Endangered, Endangered, Vulnerable, and Conservation Dependent. The Act applies to all persons and entities within Australia, including Commonwealth, state, and territory governments, as well as private individuals and corporations, to ensure compliance with biodiversity conservation requirements. This legislative instrument specifically amends the list of threatened species by including one species in the Endangered category and deleting one subspecies from the Vulnerable category. The changes are made following consultations with the Threatened Species Scientific Committee and other relevant stakeholders, ensuring that the amendments align with the criteria for listing in the relevant category under the EPBC Regulations. The Act’s application extends nationally, providing a unified approach to environmental protection and biodiversity conservation across all jurisdictions within Australia.

Key Provisions

The primary operative sections of this legislative instrument involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) list of threatened species. Section 178 of the EPBC Act provides for the list of threatened species, which is divided 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 legislative instrument, either by including new species, deleting existing ones, or transferring species between categories. This instrument specifically adds one species, Gaultheria viridicarpa, to the Endangered category and removes Gaultheria viridicarpa J.B.Williams subsp. viridicarpa from the Vulnerable category. The Act imposes several obligations and requirements on the parties and entities it governs. The Minister must follow the processes outlined in Part 13, Division 1, Subdivision AA of the EPBC Act when making amendments to the list of threatened species. This involves consultation with the Threatened Species Scientific Committee and other relevant experts, as well as public comment periods. The Committee is responsible for preparing written assessments of whether nominated species meet the criteria for inclusion in the list and providing recommendations to the Minister. Additionally, the Minister must consider these assessments and public comments before making any amendments. There are also potential consequences for breach of the provisions within the Act. While specific penalties for non-compliance with the EPBC Act are not detailed in this instrument, the Act provides for both civil and criminal penalties. For instance, unauthorised actions that harm listed threatened species, their habitats, or listed threatened ecological communities can result in significant fines and, in some cases, imprisonment. The maximum penalties vary depending on the nature and severity of the offence, with significant financial penalties and/or imprisonment for serious breaches. Compliance with the Act is crucial to avoid these potential consequences. Overall, the legislative instrument reflects the commitment of the Australian government to the conservation of biodiversity and the protection of threatened species. By amending the list of threatened species under the EPBC Act, it ensures that appropriate measures are in place to safeguard these species and their habitats, thereby contributing to the broader goal of environmental protection and biodiversity conservation.