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:
- Central Hunter Valley eucalypt forest and woodland
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 Central Hunter Valley eucalypt forest and woodland 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 the ecological community is considered to have undergone a severe decline in its 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; and
- Criterion 4 as endangered because the reduction in integrity across most of its range is severe as indicated by degradation of the community and its habitat 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 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. 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 by the Australian Parliament to provide a framework for the protection and conservation of biodiversity and ecological communities, particularly those that are threatened. This legislation was introduced to address the problem of declining biodiversity and the need for a comprehensive legal mechanism to protect ecological communities that are at risk. The Act is administered by the Commonwealth and aims to ensure that significant impacts on the environment, particularly those involving threatened species and communities, are properly assessed and managed. This legislative instrument, issued under section 184(1)(a) of the Act, aims to amend the list of threatened ecological communities by including the Central Hunter Valley eucalypt forest and woodland in the critically endangered category, based on the recommendations of the Threatened Species Scientific Committee. This action follows a thorough assessment process that involved public consultation and expert opinion, ensuring that the inclusion of this community aligns with the policy objectives of the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the Australian Commonwealth government, imposing obligations to protect and conserve threatened ecological communities. This Act encompasses a broad range of ecological communities, entities, and industries that may impact these communities, and it has a national jurisdictional reach. The Act extends its protection to threatened species and their habitats, ensuring that any actions likely to harm these ecological communities are regulated. This includes any activities that could lead to their decline or extinction. However, the Act does not explicitly exclude any particular entities or industries from its purview, meaning that all entities and industries that may impact threatened ecological communities are subject to its regulations. The application of the Act can be further extended or restricted through subordinate instruments, such as regulations and guidelines, which provide more detailed rules and criteria for implementation. The Act’s scope and application are comprehensive, ensuring that all relevant activities are subject to its protective measures.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the list of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, Section 184(1)(a) of the Act allows for the amendment of this list, and this instrument implements that provision by adding Central Hunter Valley eucalypt forest and woodland to the list in the critically endangered category (Section 181). This addition follows the recommendation of the Threatened Species Scientific Committee (Section 184(1)(a)) based on criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. The criteria for listing include a severe decline in geographic extent (Criterion 1), very restricted geographic distribution with a high likelihood of loss due to threatening processes (Criterion 2), and severe reduction in integrity due to habitat degradation (Criterion 4).
The Act imposes several obligations on the Commonwealth concerning the protection and conservation of threatened ecological communities. Under Section 181, the Act requires the Minister to maintain a list of threatened ecological communities. This amendment, under Section 184(1)(a), updates that list to include Central Hunter Valley eucalypt forest and woodland as critically endangered. The process for making such amendments involves consultation with the Threatened Species Scientific Committee and public exhibition as outlined in Part 13, Division 1, Subdivision AA of the Act. Additionally, the Act mandates that the Committee's advice be considered in the decision-making process (Section 184(1)(a)). The Minister must also ensure that any inclusion on the list is based solely on eligibility criteria and potential impacts on the community's survival (Section 184(1)(a)).
Breaching the obligations and requirements set out by the Act can result in various consequences. While the Act itself does not explicitly list offences or penalties for failing to comply with the listing of threatened ecological communities, general provisions within the Act may lead to civil or criminal penalties. For example, actions that threaten listed ecological communities could be subject to penalties under other sections of the Act, which might include substantial fines and, in some cases, imprisonment. The severity of these penalties can vary depending on the nature and extent of the breach. Additionally, failure to adhere to the consultation processes or to provide the required information may lead to administrative actions or judicial review, further reinforcing the importance of compliance with the Act's requirements.