EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under sections 184(1)(a) and (b)
(Issued under the Authority of the Minister for the Environment)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) places certain obligations on the Commonwealth to protect and conserve threatened ecological communities.
The purpose of this instrument is to amend the list of threatened ecological communities under section 181 of the Act in accordance with
(i) paragraph 184(1)(a) of the Act by including in the list in the critically endangered category Natural Temperate Grassland of the South Eastern Highlands; and,
(ii) paragraph 184(1)(b) of the Act by deleting from the list in the endangered category Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory;
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered and endangered ecological communities under subsection 182(1) and (2) of the Act.
The Committee concluded that the Natural Temperate Grassland of the South Eastern Highlands ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as critically endangered because its decline in geographic distribution is very severe;
- Criterion 2 as critically endangered because its geographic distribution is very restricted and the nature of its distribution makes it likely that the action of a threatening process could cause it to be lost in the immediate future; and
- Criterion 4 as critically endangered because the reduction in integrity across most of its range is very severe as indicated by degradation of the community or disruption of important community processes that is very severe.
On the basis of the assessment and advice of the Committee, I am satisfied that in accordance with section 187 of the Act:
(i) the Natural Temperate Grassland of the South Eastern Highlands ecological community is eligible to be included in the critically endangered category. In deciding to include it in the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category, and the effect that including the ecological community in that category could have on the survival of the ecological community; and
(ii) the Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory ecological community is no longer eligible to be included in the endangered category because it is now forms part of the Natural Temperate Grassland of the South Eastern Highlands ecological community to be listed as critically endangered. In deciding to delete it from the list, I only considered matters that relate to whether the ecological community is eligible to be included in that category.
The Committee recommended a review of Natural temperate grasslands of the southern tablelands of NSW and the ACT for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013. Consultation on the nomination to amend the list of threatened ecological communities under the Act to include the revised ecological community (Natural Temperate Grassland of the South Eastern Highlands) was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. A draft conservation advice was placed on public exhibition, and public comments were sought as required by the Act. Parties with relevant expertise were directly consulted regarding their views. All public submissions received were forwarded to the Committee and to me for consideration.
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia, ensuring the preservation of threatened species and ecological communities. This legislative framework places specific obligations on the Commonwealth to safeguard and conserve ecological communities at risk. In line with the Act, the Minister for the Environment issued a legislative instrument under sections 184(1)(a) and (b) to amend the list of threatened ecological communities. This amendment includes the Natural Temperate Grassland of the South Eastern Highlands in the critically endangered category, while removing the Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory from the endangered category, following recommendations from the Threatened Species Scientific Committee. This decision was made based on assessments that considered criteria such as geographic distribution, integrity, and the potential impact of threatening processes on these communities. The instrument aims to reflect the current conservation status of these ecological communities and is a direct response to the need for updated and precise legislative measures to protect Australia’s biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the whole of Australia, aiming to protect and conserve the nation's biodiversity by listing threatened species and ecological communities, and regulating activities that might impact them. Under this Act, the Minister for the Environment can amend the list of threatened ecological communities based on recommendations from the Threatened Species Scientific Committee. The instrument in question amends the list by adding the Natural Temperate Grassland of the South Eastern Highlands to the critically endangered category and removing the Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory from the endangered category. This change is made in accordance with the criteria for eligibility set out in the Environment Protection and Biodiversity Conservation Regulations 2000, which includes considerations such as geographic distribution, integrity, and the severity of decline. The legislative instrument also includes a public consultation process, where relevant parties are given the opportunity to provide input before amendments are made.
Key Provisions
The main operative sections of the instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) are sections 184(1)(a) and (b) (paragraphs referenced in parentheses). Section 184(1)(a) allows for the amendment of the list of threatened ecological communities by including new communities in the critically endangered category, while section 184(1)(b) permits the removal of communities from the endangered category. In this case, the instrument includes the Natural Temperate Grassland of the South Eastern Highlands in the critically endangered category and removes the Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory from the endangered category. This amendment follows the recommendations of the Threatened Species Scientific Committee (the Committee), which assessed the ecological communities based on criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act imposes obligations on the Commonwealth to protect and conserve threatened ecological communities. In this instance, the amendment requires the government to implement specific conservation measures for the Natural Temperate Grassland of the South Eastern Highlands, given its inclusion in the critically endangered category. This includes developing and enforcing conservation plans to address the severe decline in its geographic distribution, restricted geographic distribution, and severe reduction in integrity. Additionally, the Act requires the government to take appropriate actions to mitigate threatening processes that could lead to the loss of this ecological community in the immediate future. Conversely, the removal of the Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory from the endangered category means that the government is no longer required to implement specific conservation measures for this community, as it is now considered part of the Natural Temperate Grassland of the South Eastern Highlands.
Breach of the obligations under the Act can result in various civil and criminal consequences. For instance, knowingly providing false or misleading information in a notification or report, or failing to comply with a direction or requirement, can result in civil penalty orders or criminal penalties. Section 510 of the Act allows for civil penalty orders of up to $222,200 for individuals and $1,111,000 for bodies corporate for each offence. Section 511 provides for criminal penalties, including fines of up to $66,000 for individuals and $330,000 for bodies corporate for each offence, and imprisonment for up to two years for individuals. These penalties are in addition to any other civil or criminal penalties that may apply under other relevant laws.