EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment and Energy)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 194D
Purpose and operation of the instrument
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. Among these is the obligation to establish and amend lists of threatened species, threatened ecological communities and key threatening processes.
Subdivision AA of the Act outlines the nomination and listing process. Section 194D of the Act provides that prior to inviting nominations for an assessment period for a Subsection A list under section 194E, the Minister may determine one or more conservation themes that the Minister considers should be given priority in relation to an assessment period.
The purpose of this Instrument determines ‘Freshwater species and ecological communities’ as the conservation theme the Minister has determined to be given priority for the assessment period commencing 1 October 2017.
Consultation
Section 194D(3) of the Act states that the rule-maker, when deciding whether to establish a conservation theme under section 194D(1) of the Act, may obtain and consider advice from the Threatened Species Scientific Committee for the purposes of making the determination.. That advice was sought and considered prior to the making of the Instrument.
Section 17(1)(a) of the Legislation Act 2003 states that before the legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is considered by the rule-maker to be appropriate. As this Instrument only sets a conservation theme for nominations and the setting of the theme does not preclude nominations of any species, ecological community or key threatening process, public consultation was not undertaken.
Registration of the instrument
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislation. As provided in section 194D(4) of the Act, section 42 of the Legislation Act 2003 does not apply to this instrument (disallowance).
As the instrument is not a disallowable instrument, in accordance with Section 15J(2)(f) of the Legislation Act 2003 this explanatory statement is not required to and does not contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Authority: section 194D of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species. The Act establishes mechanisms for the listing and protection of species and ecological communities at risk. In line with this overarching policy objective, the Act mandates the Minister for the Environment and Energy to determine conservation themes that should be prioritised for certain assessment periods, with the intent of guiding the focus of environmental protection efforts. This legislative instrument, issued under the authority of the Minister, sets "Freshwater species and ecological communities" as the conservation theme for the assessment period commencing 1 October 2017, reflecting a targeted approach to address the specific challenges facing freshwater biodiversity in Australia. The decision to establish this theme was informed by advice from the Threatened Species Scientific Committee, ensuring it is based on scientific and expert input.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to a broad range of entities, including individuals, corporations, and public bodies, with the aim of protecting the environment and conserving biodiversity, particularly threatened species, threatened ecological communities, and key threatening processes. The Act operates on a national level across Australia, extending its influence over both Commonwealth and state jurisdictions to ensure comprehensive environmental protection. The Act's scope is further defined by the establishment and amendment of lists of threatened species, ecological communities, and processes, overseen by the Minister for the Environment and Energy. Notably, this legislation does not preclude the nomination of species or processes outside the specified conservation themes, allowing for a dynamic and responsive approach to environmental protection. The Act's authority is bolstered by subordinate instruments, such as the one under section 194D, which delineate specific conservation themes for assessment periods, such as the "Freshwater species and ecological communities" theme for the period starting 1 October 2017. This instrument, while not subject to disallowance, ensures that the setting of conservation themes does not restrict the scope of nominations under the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is designed to protect the environment and conserve biodiversity, including threatened species, ecological communities, and key threatening processes. Section 194D of the Act allows the Minister to determine conservation themes that should be prioritised for assessment periods. For the assessment period starting on 1 October 2017, the Minister has identified 'Freshwater species and ecological communities' as the priority conservation theme (Section 194D(1)). This decision was made in accordance with Section 194D(3), which permits the Minister to seek advice from the Threatened Species Scientific Committee when considering conservation themes.
The obligations imposed by this Act on the parties and entities it governs include the responsibility to establish and maintain lists of threatened species, threatened ecological communities, and key threatening processes. For the specified assessment period, the Act requires that nominations and assessments focus on freshwater species and ecological communities. This does not limit the submission of nominations for other species or processes; however, it does establish a thematic focus for the evaluation and potential listing activities during this period.
Breaching the provisions of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. While the specific penalties are detailed in other sections of the Act, non-compliance with the listing and protection requirements can lead to significant fines and imprisonment. The exact penalties will depend on the nature and severity of the breach, as outlined in the broader provisions of the Act. The Minister’s determination of conservation themes is a strategic directive rather than a regulatory mandate, thus primarily influencing the focus and direction of conservation efforts rather than imposing direct obligations on individuals or entities.