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 endangered category:
- Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of endangered ecological communities under subsections 182(1) and (2) of the Act.
The Committee concluded that the Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 2 as endangered because its geographic distribution is 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 address the need for comprehensive protection and conservation of Australia’s biodiversity, including threatened ecological communities. The Act establishes the framework for the Commonwealth to fulfil its obligations in this regard. This legislation was introduced to fill a critical gap in environmental protection by providing a legislative basis for the identification and conservation of threatened ecological communities, thereby ensuring their protection and management. The Act is administered by the Parliament of Australia, with the policy objective of conserving biodiversity and managing environmental impacts, particularly those that threaten ecological communities.
In line with the Act's objectives, an instrument was issued under section 184(1)(a) to amend the list of threatened ecological communities, adding the Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion to the endangered category. This amendment was made based on the recommendation of the Threatened Species Scientific Committee, following their assessment that the specified ecological community met the criteria for inclusion as endangered due to its restricted geographic distribution and severe reduction in integrity. The instrument underwent a public consultation process, in compliance with the requirements of the Act, before its enactment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to any person, entity, or activity that may impact the ecological communities listed under the Act, including the newly categorised Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion. This legislation operates on a national level, governed by the Commonwealth of Australia, to enforce obligations aimed at the protection and conservation of these threatened communities. The Act's jurisdiction encompasses all areas within Australia, including state and territory waters, as it seeks to safeguard ecological integrity and biodiversity. The Act extends its protective scope through subordinate instruments, allowing for the detailed regulation of specific actions that may threaten listed ecological communities, thus ensuring a comprehensive approach to conservation efforts. This legislative instrument, issued under the authority of the Minister for the Environment, follows a rigorous process of consultation and expert evaluation, ensuring that the inclusion of the Posidonia australis seagrass meadows in the endangered category is based on thorough scientific assessment.
Key Provisions
The primary operative sections of this legislation involve amendments to the list of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (s. 181). Specifically, section 184(1)(a) of the Act allows for such amendments to be made by legislative instrument. This instrument includes Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion in the endangered category of the list of threatened ecological communities (s. 181). The decision to include this ecological community in the endangered category is based on the recommendation of the Threatened Species Scientific Committee (the Committee) and is made in accordance with subsections 182(1) and (2) of the Act.
The Act imposes several obligations on the Commonwealth to protect and conserve threatened ecological communities. These obligations include the responsibility to assess and determine the eligibility of ecological communities for inclusion on the list of threatened ecological communities. In this case, the Committee conducted an assessment and recommended the inclusion of Posidonia australis seagrass meadows of the Manning-Hawkesbury ecoregion in the endangered category based on specified criteria under Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000. Additionally, the Act mandates consultation with relevant parties and public exhibition of draft descriptions before amendments are made to the list of threatened ecological communities (Part 13, Division 1, Subdivision AA of the Act).
Breaches of the obligations and requirements set out in the Act can result in various civil and criminal consequences. Although the specific offences, penalties, and consequences for non-compliance are not detailed in the explanatory statement, the Act generally provides for enforcement mechanisms to ensure compliance. This could include fines, imprisonment, or other penalties as specified under the relevant sections of the Act or subsidiary legislation. The severity of the penalties would depend on the nature and extent of the breach, as well as any aggravating factors. The Act aims to protect and conserve threatened ecological communities by imposing these obligations and providing for enforcement where necessary.