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:
- Southern Highlands Shale Forest and Woodland of the Sydney Basin Bioregion
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 Southern Highlands Shale Forest and Woodland 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 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; 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 and regeneration is unlikely in the immediate future.
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 was enacted by the Australian Parliament to address the problem of protecting and conserving the nation's biodiversity, including threatened species and ecological communities. This Act aims to provide a framework for the protection of the environment, including threatened species and communities, from the impacts of human activities. The Act empowers the Commonwealth to take necessary measures to conserve biodiversity, including listing threatened ecological communities and species. In accordance with this Act, a legislative instrument was issued to amend the list of threatened ecological communities, specifically including the Southern Highlands Shale Forest and Woodland of the Sydney Basin Bioregion in the critically endangered category. This decision was based on the recommendation of the Threatened Species Scientific Committee, which assessed the community's eligibility under the criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000. Public consultation was undertaken to ensure that all relevant views were considered before the amendment was made.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals, businesses, and entities within Australia and its territories, and encompasses a broad range of conduct and transactions that may impact the environment or biodiversity. The Act imposes obligations on the Commonwealth to protect and conserve threatened ecological communities and species. This specific legislative instrument amends the list of threatened ecological communities under section 181 of the Act by including the Southern Highlands Shale Forest and Woodland of the Sydney Basin Bioregion in the critically endangered category. This decision follows the recommendation of the Threatened Species Scientific Committee, which assessed the ecological community based on specified criteria under the Environment Protection and Biodiversity Conservation Regulations 2000. The instrument includes a consultation process as mandated by the Act, where public comments and expert opinions were considered before the amendment was finalised. This legislative instrument, which extends the application of the Act to newly identified threatened ecological communities, is effective from the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this instrument concern the amendment of the list of threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (s 181). Specifically, this instrument seeks to add the Southern Highlands Shale Forest and Woodland of the Sydney Basin Bioregion to the list in the critically endangered category (s 184(1)(a)). This amendment is based on the recommendation of the Threatened Species Scientific Committee, which concluded that this ecological community meets the criteria for inclusion in the critically endangered category under the Act (ss 182(1) and (2)). The criteria include severe decline in geographic extent (Criterion 1), very restricted geographic distribution with high risk of loss due to threatening processes (Criterion 2), and severe reduction in integrity with unlikely regeneration in the immediate future (Criterion 4).
This Act imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities, particularly those listed as critically endangered. Under section 181, the Act requires the maintenance of a list of threatened ecological communities, which now includes the Southern Highlands Shale Forest and Woodland of the Sydney Basin Bioregion. The Act also mandates the development and implementation of recovery plans for listed communities to mitigate threats and promote their recovery (s 183). Furthermore, the Act requires that any action that might significantly impact a listed ecological community must be assessed under the Act to ensure that it does not lead to further decline or extinction (s 186). These obligations are critical in preserving the ecological integrity and ensuring the survival of the listed community.
In terms of offences, penalties, or consequences for breaches of the Act, it is important to note that actions that significantly harm listed threatened ecological communities can result in civil and criminal penalties. Under section 336, a person can be fined up to $66,600 or imprisoned for up to two years, or both, for knowingly or recklessly causing significant harm to a listed threatened ecological community. Additionally, section 337 imposes penalties for engaging in activities that contravene a recovery plan or an authorisation under the Act, with fines potentially reaching up to $66,600 and imprisonment for up to one year, or both. These provisions underscore the seriousness with which the Act treats breaches that threaten the survival of listed ecological communities.