EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 184(1)(a)
(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 paragraph 184(1)(a) of the Act by including in the list in the critically endangered category:
- Cooks River/Castlereagh Ironbark Forest of the Sydney Basin Bioregion
and including in the list in the endangered category:
- Castlereagh Scribbly Gum and Agnes Banks Woodlands of the Sydney Basin Bioregion
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of critically endangered and endangered ecological communities under subsections 182(1) and (2) of the Act.
The Committee concluded that the Cooks River/Castlereagh Ironbark Forest of the Sydney Basin Bioregion 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 this 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.
The Committee concluded that the Castlereagh Scribbly Gum and Agnes Banks Woodlands of the Sydney Basin Bioregion ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as vulnerable because its decline in geographic distribution is substantial;
- Criterion 2 as 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 near future; and
- Criterion 4 as endangered because the reduction in integrity across most of its range is severe as indicated by degradation of the community or disruption of important community processes that is severe.
On the basis of the assessment and advice of the Committee, I am satisfied that this ecological community is eligible to be included in the 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.
Consultation to amend the list of threatened ecological communities under the Act to include these ecological communities was undertaken before the legislative instrument was made in accordance with the process outlined in Part 13, Division 1, Subdivision AA of the Act. Draft descriptions were 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 Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection and conservation of the environment, particularly by protecting and conserving Australia's biodiversity. The Act was introduced to address the problem of declining biodiversity and threatened species and ecological communities in Australia. The Act was enacted by the Parliament of Australia and its policy objective is to protect and conserve Australia's biodiversity. The Act provides for the protection and conservation of threatened species and ecological communities by listing them as threatened under the Act. The Act also provides for the assessment of actions that may have a significant impact on listed threatened species or ecological communities. The Act empowers the Minister for the Environment to make legislative instruments to amend the list of threatened ecological communities under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the legislative framework for the protection and conservation of threatened ecological communities in Australia. This Act applies to individuals, corporations, and other entities involved in activities that may impact these communities, regardless of location within the Commonwealth’s jurisdiction. The Act’s geographic reach encompasses all of Australia, including its territories, ensuring a national standard for the protection of biodiversity. The Act includes provisions for the listing of threatened ecological communities, with specific criteria outlined for categorisation as critically endangered, endangered, or vulnerable. The current legislative instrument amends the list of threatened ecological communities by including the Cooks River/Castlereagh Ironbark Forest in the critically endangered category and the Castlereagh Scribbly Gum and Agnes Banks Woodlands in the endangered category, following recommendations by the Threatened Species Scientific Committee. This amendment is based on assessments of geographic distribution, threat severity, and community integrity, and follows a consultation process as required by the EPBC Act. The legislative instrument is effective from the day it is registered on the Federal Register of Legislative Instruments, and its scope is further defined and potentially extended through subordinate instruments under the authority of the Minister for the Environment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions that enable the amendment of the list of threatened ecological communities under section 181 of the Act (s 184(1)(a)). This legislative instrument updates the list by adding Cooks River/Castlereagh Ironbark Forest of the Sydney Basin Bioregion to the critically endangered category and Castlereagh Scribbly Gum and Agnes Banks Woodlands of the Sydney Basin Bioregion to the endangered category, as recommended by the Threatened Species Scientific Committee. These additions are based on criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000. The Committee's assessment indicates that the Cooks River/Castlereagh Ironbark Forest meets the criteria for inclusion in the critically endangered category due to a very severe decline in geographic distribution, very restricted geographic distribution, and very severe reduction in integrity. Similarly, the Castlereagh Scribbly Gum and Agnes Banks Woodlands meet the criteria for inclusion in the endangered category due to a substantial decline in geographic distribution, very restricted geographic distribution, and severe reduction in integrity.
Under the EPBC Act, parties and entities governed by the Act must comply with the specified obligations to protect and conserve the listed threatened ecological communities. These obligations include taking necessary measures to prevent the decline or extinction of the listed communities, ensuring that any actions under their control or influence do not harm these communities, and engaging in conservation efforts as outlined in approved recovery plans or management plans. Compliance with these obligations involves adhering to the criteria and assessments provided by the Threatened Species Scientific Committee and ensuring that any activities or projects do not negatively impact the listed ecological communities.
The Act imposes civil and criminal penalties for non-compliance with its provisions. Section 474 of the Act provides for the imposition of penalties for actions that contravene the Act, with the maximum penalties varying depending on the nature and severity of the offence. For example, individuals or corporations found guilty of actions that cause harm to listed threatened ecological communities may face substantial fines, imprisonment, or both. The specific penalties are determined by the courts and can include fines of up to $1.1 million for corporations and up to $220,000 for individuals, along with potential imprisonment terms of up to five years. Additionally, the Act allows for the imposition of administrative penalties for lesser breaches, which can include fines up to $66,000 for corporations and $13,200 for individuals. These penalties are intended to enforce compliance and protect the ecological integrity of the listed communities.