EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under sections 184(1)(b), (c) and (d) and 194Q(2)
(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)(d) of the Act by updating the name of Shale/Sandstone Transition Forest to Shale Sandstone Transition Forest of the Sydney Basin Bioregion;
(ii) paragraph 184(1)(c) of the Act by transferring from the endangered to the critically endangered category Shale Sandstone Transition Forest of the Sydney Basin Bioregion;
(iii) paragraph 194Q(2) of the Act by deleting from the endangered category Shale Sandstone Transition Forest 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 subsection 182(1) and (2) of the Act.
The Committee concluded that the Shale Sandstone Transition 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 endangered because its decline in geographic distribution is 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.
- no longer eligible to be included in the endangered category because it is now eligible 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 Shale Sandstone Transition Forest of the Sydney Basin Bioregion 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 this ecological community 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 description 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 Australian Parliament to provide for the protection and conservation of Australia’s biodiversity, including threatened ecological communities. This Act establishes a framework for the identification and protection of ecological communities that are at risk of extinction or significant harm. In 2014, an instrument was issued under the authority of the Minister for the Environment to amend the list of threatened ecological communities under the Act, specifically to update the name of a particular ecological community and to reclassify its conservation status based on expert advice from the Threatened Species Scientific Committee. This amendment was made to more accurately reflect the current understanding of the ecological community's vulnerability, ensuring that appropriate measures can be implemented to safeguard its future.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) pertains to the Commonwealth of Australia and places certain obligations on the government to protect and conserve threatened ecological communities. This Act applies to all persons and entities within the jurisdiction of the Commonwealth, including those conducting activities that may impact threatened ecological communities. The Act extends its jurisdiction across the nation and seeks to safeguard ecological communities that are threatened, endangered, or critically endangered. This particular legislative instrument amends the list of threatened ecological communities under the Act by updating and reclassifying the Shale/Sandstone Transition Forest to Shale Sandstone Transition Forest of the Sydney Basin Bioregion. It elevates this community from the endangered to the critically endangered category, reflecting the severity of its decline and vulnerability as assessed by the Threatened Species Scientific Committee. The instrument also removes this community from the endangered category due to its new classification as critically endangered. This legislative instrument is part of the broader framework established under the Act, and its application may be further extended or modified through subordinate instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) has been amended through F2014L01702 to update the list of threatened ecological communities, particularly focusing on the Shale Sandstone Transition Forest of the Sydney Basin Bioregion (section 181). The key amendments include the renaming of the community from "Shale/Sandstone Transition Forest" to "Shale Sandstone Transition Forest of the Sydney Basin Bioregion" (section 184(1)(b)), the reclassification of this community from the endangered to the critically endangered category (section 184(1)(c)), and the removal of this community from the endangered category (section 194Q(2)). These changes were made in accordance with the recommendations of the Threatened Species Scientific Committee.
Under the Act, the amended list imposes certain obligations on the Commonwealth to protect and conserve the threatened ecological communities. The new classification of the Shale Sandstone Transition Forest of the Sydney Basin Bioregion as critically endangered means that the Commonwealth must take heightened measures to protect this ecological community due to its very restricted geographic distribution and the severe reduction in its integrity. The obligations include ensuring that any actions which may threaten this community are rigorously assessed and mitigated in accordance with the provisions of the Act.
The Act sets out various offences and penalties for breaches related to the protection and conservation of threatened ecological communities. Under section 475 of the Act, a person who engages in an action that is a "controlled action" with respect to a listed threatened ecological community, such as damaging or destroying it, may be liable for a civil penalty. The maximum penalty for a corporation is $630,000, while the maximum penalty for an individual is $126,000. Additionally, section 507 of the Act stipulates criminal penalties for serious or repeated breaches, with maximum penalties of up to five years imprisonment or substantial fines for individuals, and significant fines for corporations. These provisions underscore the seriousness with which the Act treats the protection of critically endangered ecological communities.