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:
- Warkworth Sands Woodland of the Hunter Valley
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 Warkworth Sands Woodland of the Hunter Valley ecological community met the criteria specified in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000, as follows:
- Criterion 1 as vulnerable because it has undergone a substantial 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 endangered because its rate of continuing detrimental change is severe as indicated by a severe 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 (the Act) was enacted to provide for the protection and conservation of the environment, including threatened species and ecological communities. This Act addresses the problem of biodiversity loss by establishing a framework for the identification and protection of threatened ecological communities. The enacting body responsible for the Act is the Australian Parliament. The policy objective of the Act is to safeguard Australia's biodiversity by preventing harm to species and ecological communities, particularly those that are threatened or endangered. This legislative instrument amends the list of threatened ecological communities under the Act by including the Warkworth Sands Woodland of the Hunter Valley in the critically endangered category, as recommended by the Threatened Species Scientific Committee. This amendment is based on the Committee's assessment that this ecological community meets the criteria for being critically endangered due to its restricted geographic distribution, severe degradation, and likelihood of imminent loss. The instrument was developed following consultation with relevant parties and public exhibition of a draft assessment, in accordance with the legislative process outlined in the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 is a Commonwealth Act that applies to the protection and conservation of threatened ecological communities and species across Australia. This Act imposes obligations on the Commonwealth, including the duty to conserve and protect specified threatened ecological communities, such as the Warkworth Sands Woodland of the Hunter Valley, which has been categorised as critically endangered under the Act. This legislative instrument amends the list of threatened ecological communities by including the Warkworth Sands Woodland of the Hunter Valley in the critically endangered category based on its very restricted geographic distribution and severe degradation. The Act's jurisdiction spans the entire nation, and its application is not limited by state or territory boundaries. The inclusion of an ecological community in the threatened list is based on criteria outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, with public consultation and expert advice integral to the decision-making process. This legislative instrument was made after considering submissions from the public and relevant experts, ensuring a transparent and inclusive approach to environmental protection.
Key Provisions
The main operative sections of this instrument are sections 181, 182, 184(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 181 allows for the listing of threatened ecological communities, while section 182 defines what constitutes a threatened ecological community. Section 184(1)(a) provides the authority for this amendment, which involves including the Warkworth Sands Woodland of the Hunter Valley in the list of critically endangered ecological communities. The inclusion is based on the recommendation of the Threatened Species Scientific Committee, as per the criteria outlined in Division 7.1 of the Environment Protection and Biodiversity Conservation Regulations 2000.
The Act imposes specific obligations on the Commonwealth to protect and conserve threatened ecological communities. These obligations include the necessity to list communities that meet the criteria for being threatened, and to ensure their conservation and recovery. The Act also mandates consultation with relevant parties and the public when amending the list of threatened ecological communities. The instrument's creation follows these obligations by consulting with the Threatened Species Scientific Committee and inviting public comment on the draft assessment before making the final decision.
The instrument also outlines the consequences for breach of the Act's provisions. While specific penalties for breaches are not detailed in this instrument, general provisions of the Act may apply. Offences under the Act can lead to civil and criminal penalties, including fines and imprisonment. For instance, under section 528 of the Act, an individual can face a penalty of up to five years imprisonment or a fine of up to $330,000 for contravening certain provisions. The exact penalties would depend on the nature and severity of the breach, as well as other relevant factors as determined by the court.