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:
- Eucalypt Woodlands of the Western Australian Wheatbelt
as recommended by the Threatened Species Scientific Committee (the Committee), having regard to the definition of threatened ecological communities under subsections 182(1) and (2) of the Act.
The Committee concluded that the Eucalypt Woodlands of the Western Australian Wheatbelt ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as endangered because it has undergone a severe decline in geographic extent;
- 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;
- 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 and regeneration is unlikely in the immediate future; and
- Criterion 5 as vulnerable because its rate of continuing detrimental change is substantial as indicated by a serious ongoing degradation or disruption of community processes.
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.
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. A draft assessment 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 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 was enacted by the Parliament of Australia to establish a framework for the protection and conservation of the nation's biodiversity. This Act was introduced to address the need for a cohesive approach to environmental protection, ensuring that critical ecological communities and species are safeguarded from various threats, including habitat destruction, invasive species, and climate change. The policy objective of the Act is to promote the conservation of biodiversity and ecological integrity by placing obligations on the Commonwealth to protect and manage threatened species, ecological communities, and heritage places.
The instrument under section 184(1)(a) of the Act, issued under the authority of the Minister for the Environment, aims to update the list of threatened ecological communities by including the Eucalypt Woodlands of the Western Australian Wheatbelt in the critically endangered category. This decision was made following a recommendation from the Threatened Species Scientific Committee, which assessed the ecological community against specified criteria in the Environment Protection and Biodiversity Conservation Regulations 2000. The Committee determined that this ecological community met the criteria for inclusion due to severe declines in geographic extent, very restricted geographic distribution, severe degradation, and a substantial rate of continuing detrimental change. The instrument ensures that the process of amending the list complies with the requirements of the Act, including public consultation and expert review.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection and conservation of threatened ecological communities across Australia, with this particular amendment focusing on the inclusion of the Eucalypt Woodlands of the Western Australian Wheatbelt in the critically endangered category. The Act binds all persons and entities within Australia to comply with its provisions, including conducting activities that may impact these communities, and extends to all states, territories, and Commonwealth areas. This legislative instrument, issued under the authority of the Minister for the Environment, is based on recommendations from the Threatened Species Scientific Committee, which evaluated the ecological community against specific criteria within the Act and its regulations. The amendment process involved public consultation and submission, ensuring that the decision to list the community as critically endangered was made with comprehensive consideration of its status and the potential impacts on its survival. While the Act broadly applies to all activities that may affect listed threatened ecological communities, certain exclusions or exemptions may apply, which are detailed in the Act and its subsidiary regulations. This legislative instrument is subject to further regulation and clarification through subordinate instruments, which can extend or refine the application of the Act as necessary.
Key Provisions
The instrument under section 184(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) amends the list of threatened ecological communities to include Eucalypt Woodlands of the Western Australian Wheatbelt in the critically endangered category. This amendment is based on the recommendation of the Threatened Species Scientific Committee (the Committee), which assessed the ecological community against the criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000. The Committee found that the Eucalypt Woodlands met the criteria for being endangered, critically endangered, and vulnerable based on its geographic extent, distribution, integrity, and rate of detrimental change. The decision to include this ecological community in the critically endangered category was made considering its eligibility for that category and the potential effect on its survival.
The Act imposes obligations on the Commonwealth to protect and conserve threatened ecological communities, as detailed in sections 181, 182, and 184. Under section 181, the Act provides for the listing of threatened ecological communities, including those that are critically endangered. Section 182 defines 'threatened ecological communities' and outlines the criteria for listing. Section 184 details the process for amending the list of threatened ecological communities, including the role of the Committee in providing advice and recommendations. The Act also mandates a consultation process as per Part 13, Division 1, Subdivision AA, where a draft assessment is placed on public exhibition and public comments are sought.
There are no specific offences, penalties, or consequences outlined in this instrument for the inclusion of the Eucalypt Woodlands of the Western Australian Wheatbelt in the list of threatened ecological communities. However, breaches of the Act related to the protection of listed threatened species and communities could result in significant penalties. For example, under section 214 of the Act, a person found guilty of an offence against the Act can face fines of up to AUD 750,000 for individuals and AUD 3.75 million for corporations, along with potential imprisonment terms. Additionally, actions that harm listed threatened ecological communities could also attract penalties under other environmental laws, such as the Environment Protection and Biodiversity Conservation Regulations 2000.
In summary, the legislative instrument amends the list of threatened ecological communities under the Act, imposing an obligation on the Commonwealth to protect and conserve the newly listed Eucalypt Woodlands of the Western Australian Wheatbelt in the critically endangered category. The process involved rigorous assessment by the Committee and required consultation with the public and parties with relevant expertise. While specific penalties for breaches related to this listing are not detailed in the instrument, general penalties for breaches of the Act can be severe, including significant fines and imprisonment.